Federal Register / Vol. 73, No. 147 / Wednesday, July 30, 2008 / Notices 44295 

Facilities and Security, Mail Stop T–

6E46, one completed, legible standard 

fingerprint card (Form FD–258, 

ORIMDNRCOOOZ) or, where 

practicable, other fingerprint records for 

each individual seeking unescorted 

access to an ISFSI, to the Director of the 

Division of Facilities and Security, 

marked for the attention of the 

Division’s Criminal History Check 

Section. Copies of these forms may be 

obtained by writing the Office of 

Information Services, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, by calling (301) 415–

5877, or by e-mail to forms@nrc.gov. 

Practicable alternative formats are set 

forth in 10 CFR 73.4. The licensee shall 

establish procedures to ensure that the 

quality of the fingerprints taken results 

in minimizing the rejection rate of 

fingerprint cards due to illegible or 

incomplete cards. 

2. The NRC will review submitted 

fingerprint cards for completeness. Any 

Form FD–258 fingerprint record 

containing omissions or evident errors 

will be returned to the licensee for 

corrections. The fee for processing 

fingerprint checks includes one resubmission if the initial submission is 

returned by the FBI because the 

fingerprint impressions cannot be 

classified. The one free re-submission 

must have the FBI Transaction Control 

Number reflected on the re-submission. 

If additional submissions are necessary, 

they will be treated as initial submittals 

and will require a second payment of 

the processing fee. 

3. Fees for processing fingerprint 

checks are due upon application. The 

licensee shall submit payment of the 

processing fees electronically. In order 

to be able to submit secure electronic 

payments, licensees will need to 

establish an account with Pay.Gov 

(https://www.pay.gov). To request an 

account, the licensee shall send an email to det@nrc.gov. The email must 

include the licensee’s company name, 

address, point of contact (POC), POC 

email address, and phone number. The 

NRC will forward the request to 

Pay.Gov; who will contact the licensee 

with a password and user lD. Once 

licensees have established an account 

and submitted payment to Pay.Gov, they 

shall obtain a receipt. The licensee shall 

submit the receipt from Pay.Gov to the 

NRC along with fingerprint cards. For 

additional guidance on making 

electronic payments, contact the 

Facilities Security Branch, Division of 

Facilities and Security, at (301) 415–

7739. Combined payment for multiple 

applications is acceptable. The 

application fee (currently $36) is the 

sum of the user fee charged by the FBI 

for each fingerprint card or other 

fingerprint record submitted by the NRC 

on behalf of a licensee, and an NRC 

processing fee, which covers 

administrative costs associated with 

NRC handling of licensee fingerprint 

submissions. The Commission will 

directly notify licensees who are subject 

to this regulation of any fee changes. 

4. The Commission will forward to 

the submitting licensee all data received 

from the FBI as a result of the licensee’s 

application(s) for criminal history 

records checks, including the FBI 

fingerprint record. 

F. Right To Correct and Complete 

Information 

1. Prior to any final adverse 

determination, the licensee shall make 

available to the individual the contents 

of any criminal history records obtained 

from the FBI for the purpose of assuring 

correct and complete information. 

Written confirmation by the individual 

of receipt of this notification must be 

maintained by the licensee for a period 

of one (1) year from the date of 

notification. 

2. If, after reviewing the record, an 

individual believes that it is incorrect or 

incomplete in any respect and wishes to 

change, correct, or update the alleged 

deficiency, or to explain any matter in 

the record, the individual may initiate 

challenge procedures. These procedures 

include either direct application by the 

individual challenging the record to the 

agency (i.e., law enforcement agency) 

that contributed the questioned 

information, or direct challenge as to the 

accuracy or completeness of any entry 

on the criminal history record to the 

Assistant Director, Federal Bureau of 

Investigation Identification Division, 

Washington, DC 20537–9700 (as set 

forth in 28 CFR 16.30 through 16.34). In 

the latter case, the FBI forwards the 

challenge to the agency that submitted 

the data and requests that agency to 

verify or correct the challenged entry. 

Upon receipt of an official 

communication directly from the agency 

that contributed the original 

information, the FBI Identification 

Division makes any changes necessary 

in accordance with the information 

supplied by that agency. The licensee 

must provide at least ten (10) days for 

an individual to initiate an action 

challenging the results of a FBI CHRC 

after the record is made available for 

his/her review. The licensee may make 

a final access determination based upon 

the criminal history record only upon 

receipt of the FBI’s ultimate 

confirmation or correction of the record. 

Upon a final adverse determination on 

access to an ISFSI, the licensee shall 

provide the individual its documented 

basis for denial. Access to an ISFSI shall 

not be granted to an individual during 

the review process. 

G. Protection of Information 

1. The licensee shall develop, 

implement, and maintain a system for 

personnel information management 

with appropriate procedures for the 

protection of personal, confidential 

information. This system shall be 

designed to prohibit unauthorized 

access to sensitive information and to 

prohibit modification of the information 

without authorization. 

2. Each licensee who obtains a 

criminal history record on an individual 

pursuant to this Order shall establish 

and maintain a system of files and 

procedures, for protecting the record 

and the personal information from 

unauthorized disclosure. 

3. The licensee may not disclose the 

record or personal information collected 

and maintained to persons other than 

the subject individual, his/her 

representative, or to those who have a 

need to access the information in 

performing assigned duties in the 

process of determining suitability for 

unescorted access to the protected area 

of an ISFSI. No individual authorized to 

have access to the information may redisseminate the information to any 

other individual who does not have the 

appropriate need-to-know. 

4. The personal information obtained 

on an individual from a criminal history 

record check may be transferred to 

another licensee if the gaining licensee 

receives the individual’s written request 

to re-disseminate the information 

contained in his/her file, and the 

gaining licensee verifies information 

such as the individual’s name, date of 

birth, social security number, sex, and 

other applicable physical characteristics 

for identification purposes. 

5. The licensee shall make criminal 

history records, obtained under this 

section, available for examination by an 

authorized representative of the NRC to 

determine compliance with the 

regulations and laws. 

[FR Doc. E8–17438 Filed 7–29–08; 8:45 am] 

BILLING CODE 7590–01–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

Submission of Information Collection 

for OMB Review; Comment Request; 

Locating and Paying Participants 

AGENCY: Pension Benefit Guaranty 

Corporation. 

mstockstill on PROD1PC66 with NOTICES

44296 Federal Register / Vol. 73, No. 147 / Wednesday, July 30, 2008 / Notices 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

ACTION: Notice of request for extension 

of OMB approval, with modifications. 

SUMMARY: Pension Benefit Guaranty 

Corporation (PBGC) is requesting that 

the Office of Management and Budget 

(OMB) extend its approval, with 

modifications, of a collection of 

information under the Paperwork 

Reduction Act (OMB control number 

1212–0055, expires August 31, 2008). 

The purpose of the information 

collection is to enable PBGC to locate 

and pay benefits to participants and 

beneficiaries in plans covered by the 

PBGC insurance program, as well as 

other pension plans that will be covered 

by PBGC’s expanded Missing 

Participant program under the Pension 

Protection Act of 2006. This notice 

informs the public of PBGC’s request 

and solicits public comment on the 

collection of information. 

DATES: Comments should be submitted 

by August 29, 2008. 

ADDRESSES: Comments should be sent to 

the Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, Attention: Desk Officer for 

Pension Benefit Guaranty Corporation, 

via electronic mail at 

OIRA_DOCKET@omb.eop.gov or by fax 

to (202) 395–6974. 

Copies of the collection of 

information may also be obtained 

without charge by writing to the 

Disclosure Division of the Office of the 

General Counsel of PBGC at the above 

address or by visiting the Disclosure 

Division or calling 202–326–4040 

during normal business hours. (TTY and 

TDD users may call the Federal relay 

service toll-free at 1–800–877–8339 and 

ask to be connected to 202–326–4040.) 

The Disclosure Division will e-mail, fax, 

or mail the requested information to 

you, as you request. 

FOR FURTHER INFORMATION CONTACT: Jo 

Amato Burns, Attorney, or Catherine B. 

Klion, Manager, Regulatory and Policy 

Division, Legislative and Regulatory 

Department, Pension Benefit Guaranty 

Corporation, 1200 K Street, NW., 

Washington, DC 20005–4026, 202–326–

4024. (For TTY/TDD users, call the 

Federal relay service toll-free at 1–800–

877–8339 and ask to be connected to 

202–326–4024.) 

SUPPLEMENTARY INFORMATION: PBGC is 

requesting that OMB extend its 

approval, with modifications, of a 

collection of information needed to pay 

participants and beneficiaries who may 

be entitled to pension benefits under a 

defined benefit plan that has 

terminated. The collection consists of 

information participants and 

beneficiaries are asked to provide in 

connection with applications for 

benefits. In addition, in some instances, 

as part of a search for participants and 

beneficiaries who may be entitled to 

benefits, PBGC requests individuals to 

provide identifying information that the 

individual would provide as part of an 

initial contact with PBGC. The 

information collection also includes My 

Pension Benefit Account (My PBA), an 

application on PBGC’s Web site, 

http://www.pbgc.gov, through which 

plan participants and beneficiaries may 

conduct electronic transactions with 

PBGC, including applying for pension 

benefits, designating a beneficiary, 

granting a power of attorney, changing 

contact information, and applying for 

electronic direct deposit. All requested 

information is needed to enable PBGC to 

determine benefit entitlements and to 

make appropriate payments, or to 

provide respondents with specific 

information about their pension plan to 

enable them to obtain a rough estimate 

of their benefit. 

This collection of information has 

been approved by OMB under control 

number 1212–0055 (expires August 31, 

2008). PBGC is requesting that OMB 

extend its approval for three years. An 

agency may not conduct or sponsor, and 

a person is not required to respond to, 

a collection of information unless it 

displays a currently valid OMB control 

number. 

For plans covered by the PBGC 

insurance program, PBGC estimates that 

84,800 benefit application or 

information forms will be filed annually 

by individuals entitled to benefits from 

PBGC and that the associated burden is 

63,550 hours and $3,100. PBGC further 

estimates that 12,000 individuals 

annually will provide PBGC with 

identifying information as part of an 

initial contact and that the associated 

burden is 3,500 hours. Thus, for plans 

covered by the PBGC insurance 

program, the total estimated annual 

burden associated with this collection of 

information is 67,050 hours and $3,100. 

Section 410 of the Pension Protection 

Act of 2006 allows certain terminating 

plans not covered by the existing 

Missing Participants program to 

participate in that program. Once final 

regulations are issued, the program will 

cover multiemployer plans, small 

professional service employer plans (25 

or fewer active participants), and 

individual account plans. PBGC 

anticipates issuing final regulations in 

2009. 

PBGC estimates that 6,400 benefit 

application or information forms will be 

filed annually by missing participants in 

plans that are not covered by the 

existing Missing Participant program, 

and that the associated burden is 6,400 

hours. PBGC further estimates that 

12,000 individuals annually will 

provide the PBGC with identifying 

information as part of an initial contact 

and that the associated burden is 3,000 

hours. 

Thus, over the next three years, the 

total estimated annual burden 

associated with this collection of 

information is 73,300 hours and $3,100. 

Issued in Washington, DC, this 25th day of 

July, 2008. 

Catherine B. Klion, 

Manager, Regulatory and Policy Division, 

Legislative and Regulatory Department, 

Pension Benefit Guaranty Corporation. 

[FR Doc. E8–17470 Filed 7–29–08; 8:45 am] 

BILLING CODE 7709–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–58221; File No. SR–BSE–

2008–29] 

Self-Regulatory Organizations; Boston 

Stock Exchange, Inc.; Notice of Filing 

and Order Granting Accelerated 

Approval of Proposed Rule Change 

Relating To Doing Business With the 

Public 

July 24, 2008. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 

(‘‘Act’’),1 and Rule 19b–4 thereunder,2

notice is hereby given that on July 14, 

2008, the Boston Stock Exchange, Inc. 

(the ‘‘Exchange’’ or ‘‘BSE’’), filed with 

the Securities and Exchange 

Commission (‘‘Commission’’) the 

proposed rule change as described in 

Items I and II below, which Items have 

been substantially prepared by the 

Exchange. This order provides notice of 

the proposed rule change and approves 

the proposed rule change on an 

accelerated basis. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange is proposing to amend 

certain rules that govern an Exchange 

member’s conduct of doing business 

with the public. Specifically, the 

proposed rule change would require 

participants to integrate the 

responsibility for supervision of their 

public customer options business into 

their overall supervisory and 

compliance programs. In addition, the 

proposal would require members to 

strengthen their supervisory procedures 

mstockstill on PROD1PC66 with NOTICES