Federal Register / Vol. 74, No. 59 / Monday, March 30, 2009 / Notices 14167 

it is participating; and/or (2) creation of 

an electronic docket for the proceeding 

(even in instances when the requestor 

(or its counsel or representative) already 

holds an NRC-issued digital ID 

certificate). Each requestor will need to 

download the Workplace Forms 

ViewerTM to access the Electronic 

Information Exchange (EIE), a 

component of the E-Filing system. The 

Workplace Forms ViewerTM is free and 

is available at 

http://www.nrc.gov/site-help/esubmittals/install-viewer.html. 

Information about applying for a digital 

ID certificate also is available on NRC’s 

public Web site at http://www.nrc.gov/ 

site-help/e-submittals/applycertificates.html. 

Once a requestor has obtained a 

digital ID certificate, had a docket 

created, and downloaded the EIE 

viewer, it can then submit a request for 

a hearing through EIE. Submissions 

should be in Portable Document Format 

(PDF) in accordance with NRC guidance 

available on the NRC public Web site at 

http://www.nrc.gov/site-help/esubmittals.html. A filing is considered 

complete at the time the filer submits its 

document through EIE. To be timely, 

electronic filings must be submitted to 

the EIE system no later than 11:59 p.m. 

Eastern Time on the due date. Upon 

receipt of a transmission, the E-Filing 

system time-stamps the document and 

sends the submitter an e-mail notice 

confirming receipt of the document. The 

EIE system also distributes an e-mail 

notice that provides access to the 

document to the NRC Office of the 

General Counsel and any others who 

have advised the Office of the Secretary 

that they wish to participate in the 

proceeding, so that the filer need not 

serve the document on those 

participants separately. Therefore, any 

others who wish to participate in the 

proceeding (or their counsel or 

representative) must apply for and 

receive a digital ID certificate before a 

hearing request is filed so that they may 

obtain access to the document via the EFiling system. 

A person filing electronically may 

seek assistance through the ‘‘Contact 

Us’’ link located on the NRC Web site 

at http://www.nrc.gov/site-help/ 

e-submittals.html or by calling the NRC 

technical help line, which is available 

between 8:30 a.m. and 4:15 p.m., 

Eastern Time, Monday through Friday. 

The electronic filing Help Desk can be 

contacted by telephone at 1–866–672– 

7640 or by e-mail at 

MHSD.Resource@nrc.gov. 

Participants who believe that they 

have good cause for not submitting 

documents electronically must file a 

motion, in accordance with 10 CFR 

2.302(g), with their initial paper filing 

requesting authorization to continue to 

submit documents in paper format. 

Such filings must be submitted by (1) 

first class mail addressed to the Office 

of the Secretary of the Commission, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, Attention: 

Rulemaking and Adjudications Staff; or 

(2) courier, express mail, or expedited 

delivery service to the Office of the 

Secretary, Sixteenth Floor, One White 

Flint North, 11555 Rockville Pike, 

Rockville, Maryland 20852, Attention: 

Rulemaking and Adjudications Staff. 

Participants filing a document in this 

manner are responsible for serving the 

document on all other participants. 

Filing is considered complete by firstclass mail as of the time of deposit in 

the mail, or by courier, express mail, or 

expedited delivery service upon 

depositing the document with the 

provider of the service. 

Documents submitted in adjudicatory 

proceedings will appear in NRC’s 

electronic hearing docket which is 

available to the public at http:// 

ehd.nrc.gov/EHD_Proceeding/home.asp, 

unless excluded pursuant to an order of 

the Commission, an Atomic Safety and 

Licensing Board, or a Presiding Officer. 

Participants are requested not to include 

personal privacy information, such as 

social security numbers, home 

addresses, or home phone numbers in 

their filings. With respect to copyrighted 

works, except for limited excerpts that 

serve the purpose of the adjudicatory 

filings and would constitute a Fair Use 

application, Participants are requested 

not to include copyrighted materials in 

their works. 

If a person other than Jennifer O’NeillTorres requests a hearing, that person 

shall set forth with particularity the 

manner in which his interest is 

adversely affected by this Order and 

shall address the criteria set forth in 10 

CFR 2.309(d). 

If a hearing is requested by Jennifer 

O’Neill-Torres or a person whose 

interest is adversely affected, the 

Commission will issue an Order 

designating the time and place of any 

hearings. If a hearing is held, the issue 

to be considered at such hearing shall be 

whether this Order should be sustained. 

In the absence of any request for 

hearing, or written approval of an 

extension of time in which to request a 

hearing, the provisions specified in 

Section IV above shall be final 20 days 

from the date of this Order without 

further order or proceedings. If an 

extension of time for requesting a 

hearing has been approved, the 

provisions specified in Section IV shall 

be final when the extension expires if a 

hearing request has not been received. 

Dated this 23rd day of March 2009. 

For the Nuclear Regulatory Commission. 

Cynthia A. Carpenter, 

Director, Office of Enforcement. 

[FR Doc. E9–6995 Filed 3–27–09; 8:45 am] 

BILLING CODE 

PENSION BENEFIT GUARANTY 

CORPORATION 

Privacy Act of 1974, System of 

Records 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Notice of new system of records. 

SUMMARY: This document provides 

notice of a proposed new Privacy Act 

system of records. The Pension Benefit 

Guaranty Corporation (PBGC) is 

establishing a new system of records 

entitled ‘‘PBGC–17, Office of Inspector 

General Investigative File System— 

PBGC,’’ subject to the Privacy Act of 

1974, as amended. The information 

from the new system of records will be 

used by the PBGC’s Office of Inspector 

General to conduct criminal, civil, and 

administrative investigations, and will 

contain identifying information about 

potential subjects and sources. 

DATES: Comments on the new system of 

records and proposed routine uses must 

be received on or before April 29, 2009. 

The new system of records will become 

effective on May 14, 2009 without 

further notice, unless comments result 

in a contrary determination and a notice 

is published to that effect. 

ADDRESSES: Comments may be 

submitted by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the Web 

site instructions for submitting 

comments. 

• E-mail: reg.comments@pbgc.gov. 

• Fax: 202–326–4224. 

• Mail or Hand Delivery: Legislative 

and Regulatory Department, Pension 

Benefit Guaranty Corporation, 1200 K 

Street, NW., Washington, DC 20005– 

4026. 

Comments received, including 

personal information provided, will be 

posted to http://www.pbgc.gov. Copies 

of comments may also be obtained by 

writing to Disclosure Division, Office of 

General Counsel, Pension Benefit 

Guaranty Corporation, 1200 K Street, 

NW., Washington, DC 20005–4026, or 

calling 202–326–4040 during normal 

business hours. (TTY and TDD users 

may call the Federal relay service tollVerDate Nov<24>2008 18:33 Mar 27, 2009 Jkt 217001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\30MRN1.SGM 30MRN1

sroberts on PROD1PC70 with NOTICES
14168 Federal Register / Vol. 74, No. 59 / Monday, March 30, 2009 / Notices 

free at 1–800–877–8339 and ask to be 

connected to 202–326–4040.) 

FOR FURTHER INFORMATION CONTACT: 

Margaret E. Drake, Attorney, Office of 

the General Counsel, Pension Benefit 

Guaranty Corporation, 1200 K Street, 

NW., Washington, DC 20005, 202–326– 

4400 (extension 3228); or James Bloch, 

Program Analyst, Legislative & 

Regulatory Department; 202–326–4223 

(extension 3530). (For TTY/TDD users, 

call the federal relay service toll-free at 

(800) 877–8339 and ask to be connected 

to 202–326–4400 (extension 3228) or 

202–326–4223 (extension 3530).) 

SUPPLEMENTARY INFORMATION: PBGC is 

proposing to establish a new system of 

records entitled ‘‘PBGC–17, Office of 

Inspector General Investigative File 

System—PBGC.’’ (PBGC’s proposed rule 

on disclosure and amendment of 

records pertaining to individuals under 

the Privacy Act appears elsewhere in 

today’s Federal Register.) The proposed 

system of records is necessary to the 

functions performed by the Office of 

Inspector General (OIG), and will cover 

only those files of investigation that 

identify by name, or other personal 

identifier, individuals who are subjects 

of investigations or sources of 

information. The files may contain 

information about civil, criminal, or 

administrative wrongdoing, or about 

fraud, waste, or mismanagement, or 

other violations of law or regulation. 

This information could be the basis for 

referrals to appropriate prosecutorial 

authorities for consideration of criminal 

or civil prosecution or to PBGC 

management for administrative 

corrective action. OIG, as it has always 

done, will continue to respect the 

privacy of individuals named in these 

files and will disclose, within the 

boundaries of the law, the least amount 

of information necessary to perform its 

law-enforcement responsibilities. 

The collection and maintenance of 

records subject to this system are not 

new because records of the same type 

have been collected and maintained in 

the OIG since its establishment in 1989. 

Those records, however, were not 

maintained or retrieved by a name or 

other personal identifier. With the 

implementation of an electronic records 

management system, these records will 

now be in a system of records, as 

defined in The Privacy Act 

Implementation: Guidelines and 

Responsibilities, 40 FR 28,498 (July 9, 

1975). Electronic information will be 

kept in an environment with physical 

and logical security, including 

encryption of information on external 

computer media. Computers and hard 

copy records are maintained in a 

secured environment. 

Pursuant to 5 U.S.C. 552a(e)(11), 

interested persons are invited to submit 

written comments on this proposal. A 

report on the following proposed system 

has been sent to Congress and the Office 

of Management and Budget for their 

evaluation. 

Issued in Washington, DC, this 23rd day of 

March, 2009. 

Vincent K. Snowbarger, 

Acting Director, Pension Benefit Guaranty 

Corporation. 

PBGC–17 

SYSTEM NAME: 

Office of Inspector General 

Investigative File System—PBGC. 

SECURITY CLASSIFICATION: 

Not applicable. 

SYSTEM LOCATION: 

Office of Inspector General, Pension 

Benefit Guaranty Corporation, 1200 K 

Street, NW., Washington, DC 20005– 

4026. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

1. Persons who are named individuals 

in investigations conducted by OIG. 

2. Complainants and subjects of 

complaints collected through the 

operation of the OIG Hotline. 

3. Other individuals, including 

witnesses, sources, and members of the 

general public, who are named 

individuals in connection with 

investigations conducted by OIG. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Information within this system relates 

to OIG investigations carried out under 

applicable statutes, regulations, policies, 

and procedures. The investigations may 

relate to criminal, civil, or 

administrative matters. These OIG files 

may contain investigative reports; 

copies of financial, contractual, and 

property management records 

maintained by PBGC; background data 

including arrest records, statements of 

informants and witnesses, and 

laboratory reports of evidence analysis; 

search warrants, summonses and 

subpoenas; and other information 

related to investigations. Personal data 

in the system may consist of names, 

Social Security numbers, addresses, 

fingerprints, handwriting samples, 

reports of confidential informants, 

physical identifying data, voiceprints, 

polygraph tests, photographs, and 

individual personnel and payroll 

information. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

5 U.S.C. App. 3. 

PURPOSE(S): 

This system of records is used to 

maintain information related to 

investigations of criminal, civil, or 

administrative matters. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

PBGC General Routine Uses G1, G2, 

G4, G5, and G7 listed in PBGC’s Privacy 

Act of 1974; Systems of Records, 60 FR 

57,462 (Nov. 15, 1995) apply to this 

system of records. In addition: 

1. A record relating to a person held 

in custody pending or during 

arraignment, trial, sentence, or 

extradition proceedings or after 

conviction may be disclosed to a 

federal, state, local, or foreign prison; 

probation, parole, or pardon authority; 

or any other agency or individual 

involved with the maintenance, 

transportation, or release of such a 

person. 

2. A record relating to a case or matter 

may be disclosed to an actual or 

potential party or his or her attorney for 

the purpose of negotiation or discussion 

on such matters as settlement of the case 

or matter, plea bargaining, or informal 

discovery proceedings. 

3. A record may be disclosed to any 

source, either private or governmental, 

when reasonably necessary to elicit 

information or obtain the cooperation of 

a witness or informant when conducting 

any official investigation or during a 

trial or hearing or when preparing for a 

trial or hearing. 

4. A record relating to a case or matter 

may be disclosed to a foreign country, 

through the United States Department of 

State or directly to the representative of 

such country, under an international 

treaty, convention, or executive 

agreement; or to the extent necessary to 

assist such country in apprehending or 

returning a fugitive to a jurisdiction that 

seeks that individual’s return. 

5. A record originating exclusively 

within this system of records may be 

disclosed to other federal offices of 

inspectors general and councils 

comprising officials from other federal 

offices of inspectors general, as required 

by the Inspector General Act of 1978, as 

amended. The purpose is to ensure that 

OIG audit and investigative operations 

can be subject to integrity and efficiency 

peer reviews, and to permit other offices 

of inspectors general to investigate and 

report on allegations of misconduct by 

senior OIG officials as directed by a 

council, the President, or Congress. 

Records originating from any other 

PBGC systems of records, which may be 

duplicated in or incorporated into this 

system, also may be disclosed with all 


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Federal Register / Vol. 74, No. 59 / Monday, March 30, 2009 / Notices 14169 

personally identifiable information 

redacted. 

6. A record may be disclosed to the 

Department of the Treasury and the 

Department of Justice when the OIG 

seeks an ex parte court order to obtain 

taxpayer information from the Internal 

Revenue Service. 

7. A record may be disclosed to a 

‘‘consumer reporting agency,’’ as that 

term is defined in the Fair Credit 

Reporting Act (15 U.S.C. 1681a(f)) and 

the Federal Claims Collection Act of 

1966 (31 U.S.C. 3701(a)(3)), to obtain 

information in the course of an 

investigation, audit, or evaluations. 

8. A record may be disclosed to any 

governmental, professional or licensing 

authority when such record reflects on 

qualifications, either moral, educational 

or vocational, of an individual seeking 

to be licensed or to maintain a license. 

9. A record may be disclosed to any 

direct or indirect recipient of federal 

funds, e.g., a contractor, where such 

record reflects problems with the 

personnel working for a recipient, and 

disclosure of the record is made to 

permit a recipient to take corrective 

action beneficial to the Government. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

The information in the records is 

maintained in a variety of media, 

including paper, magnetic tapes or 

discs, and an automated database. The 

records are maintained in limited access 

areas during duty hours and in locked 

offices at all other times. 

RETRIEVABILITY: 

Records are indexed by name or other 

personal identifier, subject category, or 

assigned case number. 

SAFEGUARDS: 

Paper records, computers, and 

computer-storage media are located in 

controlled-access areas under 

supervision of program personnel. 

Access to these areas is limited to 

authorized personnel, who must be 

identified with a badge. Access to 

records is limited to individuals whose 

official duties require such access. 

Contractors and licensees are subject to 

contract controls and unannounced onsite audits and inspections. Computers 

are protected by mechanical locks, cardkey systems, or other physical-access 

control methods. The use of computer 

systems is regulated with installed 

security software, computer-logon 

identifications, and operating-system 

controls including access controls, 

terminal and transaction logging, and 

file-management software. 

RETENTION AND DISPOSAL: 

1. Official investigative case files, 

evidence and custody files, and 

informant files are retained up to 11 

years after closeout of the investigation. 

If significant, the files are transferred to 

the National Archives and Records 

Administration. 

2. Information reports, investigative 

analysis reports, and inquiry files are 

retained up to 6 years after closeout of 

the investigation. 

3. Internal administrative reports are 

retained up to 3 years after closeout of 

the investigation. 

Records existing on paper are 

destroyed by burning, pulping, or 

shredding. Records existing on 

computer storage media are destroyed 

according to the applicable PBGC media 

sanitization practice. 

SYSTEM MANAGER(S) AND ADDRESS: 

Inspector General, Pension Benefit 

Guaranty Corporation, 1200 K Street, 

NW., Washington, DC, 20005–4026. 

NOTIFICATION PROCEDURE: 

Individuals wanting to know if 

information about them is maintained in 

this system of records must address 

inquiries to the system manager; include 

full name, address, and date of birth; 

and label the request ‘‘Privacy Act 

Request.’’ Inquiries must comply with 

the procedures in 29 CFR 4902.3. 

RECORD ACCESS PROCEDURES: 

Requests for access must be made in 

accordance with the Notification 

Procedure above and PBGC Privacy Act 

regulations regarding access to records 

and verification of identity under 29 

CFR 4902.3. 

CONTESTING RECORD PROCEDURES: 

An individual wanting to contest or 

amend information maintained in the 

system should direct a request to the 

Disclosure Officer according to the 

procedures in 29 CFR 4902.3. In 

addition, the request should state 

clearly and concisely what information 

is being contested, the reasons for 

contesting it, and the proposed 

amendment to the information sought. 

See 29 CFR 4902.5. 

RECORD SOURCE CATEGORIES: 

The information contained in this 

system may be derived or received from 

individual complainants, witnesses, 

interviews conducted during 

investigations, Federal, state and local 

government records, individual or 

company records, claim and payment 

files, employer medical records, 

insurance records, court records, articles 

from publications, financial data, bank 

information, telephone data, insurers, 

service providers, other law 

enforcement organizations, grantees and 

subgrantees, contractors and 

subcontractors, and other sources. 

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS

OF THE ACT: 

Pursuant to 5 U.S.C. 552a(j) and (k), 

PBGC has established regulations at 29 

CFR 4902.11 that exempt records in this 

system depending on their purpose. 

[FR Doc. E9–6972 Filed 3–27–09; 8:45 am] 

BILLING CODE 7709–01–P 

OFFICE OF PERSONNEL 

MANAGEMENT 

[OMB Control No. 3206–0197; Form RI 38– 

107] 

Proposed Information Collection; 

Request for Comments on an Existing 

Information Collection: 

AGENCY: Office of Personnel 

Management. 

ACTION: Notice. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995 (Pub. 

L. 104–13, May 22, 1995), this notice 

announces that the Office of Personnel 

Management (OPM) intends to submit to 

the Office of Management and Budget 

(OMB) a request for comments on an 

existing information collection. This 

information collection, ‘‘Verification of 

Who is Getting Payments’’ (OMB 

Control No. 3206–0197: Form RI 38– 

107), is designed for use when OPM, for 

any reason, must verify that the entitled 

person is indeed receiving the monies 

payable. Failure to collect this 

information would cause OPM to pay 

monies absent the assurance of a correct 

payee. 

Comments are particularly invited on: 

Whether this collection of information 

is necessary for the proper performance 

of functions of the Office of Personnel 

Management, and whether it will have 

practical utility; whether our estimate of 

the public burden of this collection of 

information is accurate, and based on 

valid assumptions and methodology; 

and ways in which we can minimize the 

burden of the collection of information 

on those who are to respond, through 

the use of appropriate technological 

collection techniques or other forms of 

information technology. 

There are approximately 25,400 

changes per year. Each form takes 

approximately 10 minutes to complete. 

The annual estimated burden is 4,234 

hours. 

For copies of this proposal, contact 

Cyrus S. Benson on (202) 606–4808, 

FAX (202) 606–0910 or via E-mail to 


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