3114 Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009 / Notices 

process for litigating disputes 

concerning access to information. The 

availability of interlocutory review by 

the Commission of orders ruling on 

such NRC staff determinations (whether 

granting or denying access) is governed 

by 10 CFR § 2.311. 

10. The Commission expects that the 

NRC staff and presiding officers (and 

any other reviewing officers) will 

consider and resolve requests for access 

to SUNSI and/or SGI, and motions for 

protective orders, in a timely fashion in 

order to minimize any unnecessary 

delays in identifying those petitioners 

who have standing and who have 

propounded contentions meeting the 

specificity and basis requirements in 10 

CFR Part 2. 

Dated at Rockville, Maryland, this 13th day 

of January, 2009. 

For the Nuclear Regulatory Commission. 

Annette L. Vietti-Cook, 

Secretary of the Commission. 

Attachment 1—General Target 

Schedule for Processing and Resolving 

Requests for Access to Sensitive 

Unclassified Non-Safeguards 

Information (SUNSI) and Safeguards 

Information (SGI) in This Proceeding 

Day Event/activity 

0 .................... Publication of Federal Register, including order with instructions for access requests. 

10 .................. Deadline for submitting requests for access to SUNSI and/or SGI with information: Supporting the standing of a potential party 

identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding; demonstrating that access should be granted (e.g., showing technical competence for access to SGI); and, for SGI, including application fee for fingerprint/background check. 

20 .................. NRC staff informs the requester of the staff’s determination whether the request for access provides a reasonable basis to believe standing can be established and shows (1) need for SUNSI or (2) need to know for SGI. (For SUNSI, NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing 

(preparation of redactions or review of redacted documents). If NRC staff makes the finding of need to know for SGI and likelihood of standing, NRC staff begins background check (including fingerprinting for a criminal history records check), information processing (preparation of redactions or review of redacted documents), and readiness inspections. 

25 .................. If NRC staff finds no ‘‘need,’’ ‘‘need to know,’’ or likelihood of standing, the deadline for petitioner/requester to file a motion 

seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding 

officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the

deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the 

information to file a motion seeking a ruling to reverse the NRC staff’s grant of access. 

30 .................. Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 

40 .................. (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and 

file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure 

Agreement for SUNSI. 

60 .................. Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation 

does not require access to SUNSI and/or SGI (+25 Answers to petition for intervention; +7 petitioner/requestor reply). 

190 ................ (Receipt +180) If NRC staff finds standing, need to know for SGI, and trustworthiness and reliability, deadline for NRC staff to 

file motion for Protective Order and draft Non-disclosure Affidavit (or to make a determination that the proposed recipient of 

SGI is not trustworthy or reliable). Note: Before the Office of Administration makes an adverse determination regarding access, the proposed recipient must be provided an opportunity to correct or explain information. 

205 ................ Deadline for petitioner to seek reversal of a final adverse NRC staff determination either before the presiding officer or another 

designated officer. 

A .................... If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to 

sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. 

A + 3 ............. Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI and/or SGI consistent with decision issuing 

the protective order. 

A + 28 ........... Deadline for submission of contentions whose development depends upon access to SUNSI and/or SGI. However, if more than 

25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI or SGI contentions 

by that later deadline. 

A + 53 ........... (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI and/or SGI. 

A + 60 ........... (Answer receipt +7) Petitioner/Intervener reply to answers. 

B .................... Decision on contention admission. 

[FR Doc. E9–960 Filed 1–15–09; 8:45 am] 

BILLING CODE 7590–01–P 

OFFICE OF PERSONNEL 

MANAGEMENT 

Federal Prevailing Rate Advisory 

Committee; Open Committee Meetings 

According to the provisions of section 

10 of the Federal Advisory Committee 

Act (Pub. L. 92–463), notice is hereby 

given that meetings of the Federal 

Prevailing Rate Advisory Committee 

will be held on— 

Thursday, February 12, 2009. 

Thursday, March 19, 2009. 

The meetings will start at 10 a.m. and 

will be held in Room 5A06A, U.S. 

Office of Personnel Management 

Building, 1900 E Street, NW., 

Washington, DC. 

The Federal Prevailing Rate Advisory 

Committee is composed of a Chair, five 

representatives from labor unions 

holding exclusive bargaining rights for 

Federal blue-collar employees, and five 

representatives from Federal agencies. 

Entitlement to membership on the 

Committee is provided for in 5 U.S.C. 

5347. 

The Committee’s primary 

responsibility is to review the Prevailing 

Rate System and other matters pertinent 

to establishing prevailing rates under 

subchapter IV, chapter 53, 5 U.S.C., as 

amended, and from time to time advise 

the U.S. Office of Personnel 

Management. 

These scheduled meetings will start 

in open session with both labor and 

management representatives attending. 

During the meetings either the labor 

members or the management members 

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Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009 / Notices 3115 

may caucus separately with the Chair to 

devise strategy and formulate positions. 

Premature disclosure of the matters 

discussed in these caucuses would 

unacceptably impair the ability of the 

Committee to reach a consensus on the 

matters being considered and would 

disrupt substantially the disposition of 

its business. Therefore, these caucuses 

will be closed to the public because of 

a determination made by the Director of 

the U.S. Office of Personnel 

Management under the provisions of 

section 10(d) of the Federal Advisory 

Committee Act (Pub. L. 92–463) and 5 

U.S.C. 552b(c)(9)(B). These caucuses 

may, depending on the issues involved, 

constitute a substantial portion of a 

meeting. 

Annually, the Chair compiles a report 

of pay issues discussed and concluded 

recommendations. These reports are 

available to the public, upon written 

request to the Committee. 

The public is invited to submit 

material in writing to the Chair on 

Federal Wage System pay matters felt to 

be deserving of the Committee’s 

attention. Additional information on 

these meetings may be obtained by 

contacting the Committee at U.S. Office 

of Personnel Management, Federal 

Prevailing Rate Advisory Committee, 

Room 5526, 1900 E Street, NW., 

Washington, DC 20415, (202) 606–2838. 

Dated: January 12, 2009. 

Charles E. Brooks, 

Chairman, Federal Prevailing Rate Advisory 

Committee. 

[FR Doc. E9–901 Filed 1–15–09; 8:45 am] 

BILLING CODE 6325–49–P 

RAILROAD RETIREMENT BOARD 

Proposed Data Collection Available for 

Public Comment and 

Recommendations 

SUMMARY: In accordance with the 

requirement of Section 3506 (c)(2)(A) of 

the Paperwork Reduction Act of 1995 

which provides opportunity for public 

comment on new or revised data 

collections, the Railroad Retirement 

Board (RRB) will publish periodic 

summaries of proposed data collections. 

Comments are invited on: (a) Whether 

the proposed information collections are 

necessary for the proper performance of 

the functions of the agency, including 

whether the information has practical 

utility; (b) the accuracy of the RRB’s 

estimate of the burden of the collection 

of the information; (c) ways to enhance 

the quality, utility, and clarity of the 

information to be collected; and (d) 

ways to minimize the burden related to 

the collection of information on 

respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

1. Title and Purpose of Information 

Collection: Employer’s Quarterly Report 

of Contributions Under the Railroad 

Unemployment Insurance Act; RRB 

Form DC–1; OMB 3220–0012 

Under section 8 of the Railroad 

Unemployment Insurance Act (RUIA), 

as amended by the Railroad 

Unemployment Improvement Act of 

1988 (Pub. L. 100–647), the amount of 

each employer’s contribution is 

determined by the RRB, primarily on 

the basis of RUIA benefit payments 

made to the employees of that employer. 

These experienced based contributions, 

take into account the frequency, volume 

and duration of RUIA benefits, both 

unemployment and sickness, 

attributable to a railroad’s employees. 

Each employer’s contribution rate 

includes a component for administrative 

expenses and a component to cover 

costs shared by all employers. The 

regulations prescribing the manner and 

conditions for remitting the 

contributions and for adjusting 

overpayments or underpayments of 

contributions are contained in 20 CFR 

345. 

RRB Form DC–1, Employer’s 

Quarterly Report of Contributions Under 

the Railroad Unemployment Insurance 

Act, is currently utilized by the RRB for 

the reporting and remitting of quarterly 

contributions by railroad employers. 

The RRB utilizes a manual version of 

Form DC–1 and also provides railroad 

employers with the option of reporting 

the required information and remitting 

their quarterly contributions via an 

Internet equivalent version Form DC–1. 

One response is requested quarterly of 

each respondent and completion is 

mandatory. The RRB estimates that 

2,160 responses are received annually. 

The estimated completion for the 

manual and Internet version of Form 

DC–1 is estimated at 25 minutes. The 

total burden for the collection is 

estimated at 900 hours. The RRB 

proposes no changes to Form DC–1. 

2. Title and Purpose of Information 

Collection: Applicant Background 

Survey: RRB Form EEO–44, OMB 3220– 

0201 

This information collection is needed 

to comply with Federal laws and 

regulations. 5 U.S.C. Chapter 72 § 7201 

establishes an anti-discrimination 

policy. Title VII of the Civil Rights Act 

of 1964, § 2000e–8 [§ 709], requires 

agencies to make and keep relevant 

records to identify unlawful 

employment practices. 29 CFR 1602 

allows agencies to collect data to 

determine if there is any adverse impact 

on employment practices such as 

recruitment or selection. 

The RRB’s Equal Employment Office 

collects data to assess the impact of the 

agency’s recruitment processes on the 

hiring of minorities, women and people 

with disabilities. To obtain the 

information necessary to conduct a 

proper assessment, the RRB utilizes 

Form EEO–44, Applicant Background 

Survey, which collects information 

about the racial or ethnic identity, 

gender and disability of applicants for 

RRB jobs from outside of the Federal 

government. 

Form EEO–44 is only viewed by RRB 

Human Resources personnel and Equal 

Employment Opportunity officials. 

Summarized data from all external 

applicants for a position is used to 

identify hiring barriers which limit or 

tends to limit employment 

opportunities for members of a 

particular sex, race, or ethnic 

background, or based on an individual’s 

disability status. 

The EEO–44 contains a ‘‘Plain 

English’’ assurance that the information 

will be kept highly confidential and 

only shared with authorized RRB 

officials. This assurance specifically 

states that the information obtained is 

kept as a running tally which cannot be 

disaggregated into individual names, 

that information from the form is not 

entered into the RRB’s personnel 

database, that the information is not 

provided to selecting officials or any 

others who can affect the selection, or 

to the public, and that the forms is 

destroyed after the position is filled. 

The information maintained does not 

include the applicant’s name or other 

identifier. 

Completion of one form is requested 

of each respondent and is voluntary. 

The RRB estimates that 800 EEO–44’s 

are completed annually at an estimated 

completion time of 5 minutes. The total 

burden for the collection is estimated at 

67 hours. The RRB proposes no changes 

to Form EEO–44. 

Additional Information or Comments: 

To request more information or to 

obtain a copy of the information 

collection justification, forms, and/or 

supporting material, please call the RRB 

Clearance Officer at (312) 751–3363 or 

send an e-mail request to 

Charles.Mierzwa@RRB.GOV. Comments 

regarding the information collection 

should be addressed to Ronald J. 

Hodapp, Railroad Retirement Board, 844 

North Rush Street, Chicago, Illinois 

60611–2092 or send an e-mail to 

Ronald.Hodapp@RRB.GOV. Written 

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