1418 Federal Register / Vol. 75, No. 6 / Monday, January 11, 2010 / Notices 

Security Information than like other sensitive 

unclassified information. Information 

designated as SGI must be withheld from 

public disclosure and must be physically 

controlled and protected to prevent any 

unauthorized disclosure. The requirements 

set forth in 10 CFR Part 73 apply to any 

person, whether or not a licensee of the NRC, 

who produces, receives or acquires SGI. 

All persons who have or have had access 

to SGI have a continuing obligation to protect 

SGI in order to prevent its inadvertent release 

and/or unauthorized disclosure. Violations of 

SGI handling and protection requirements, 

including the unauthorized disclosure of SGI, 

may result in the imposition of applicable 

civil and criminal penalties. 

Information To Be Protected as Safeguards 

Information 

Any documents provided to NERC by NRC 

that contain SGI will be designated in 

accordance with 10 CFR 73.22. Documents 

developed by NERC that contain SGI must 

also be designated and protected as SGI in 

accordance with 10 CFR 73.22. The NRC and 

NERC agree to comply with the requirements 

for protecting all information designated as 

SGI as set forth in 10 CFR 73.22(a). 

Access to Safeguards Information 

Generally, no person may have access to 

SGI unless the person has an established 

‘‘need to know’’ for the information and has 

been determined to be ‘‘trustworthy and 

reliable.’’ Typically, a determination of 

trustworthiness and reliability is based upon 

a background check, including at a 

minimum, a Federal Bureau of Investigation 

(FBI) criminal history records check 

(including verification of identity based on 

fingerprinting), employment history, 

education and personal references. The terms 

‘‘background check,’’ ‘‘need to know’’ and 

‘‘trustworthy and reliable’’ are defined in 10 

CFR 73.2. The NRC and NERC agree to 

comply with the requirements for access to 

SGI set forth in 10 CFR 73.22(b) and 10 CFR 

73.57. 

Reviewing Official 

The determination that a NERC employee, 

consultant or contractor has a need for access 

to SGI (established ‘‘need to know’’ and is 

‘‘trustworthy and reliable’’) must initially be 

made by an individual already authorized 

access to SGI. Accordingly, the NRC and 

NERC agree to implement the following 

procedures for granting NERC employees, 

consultants and contractors access to SGI for 

the purpose of carrying out this MOU. 

NERC shall submit the name and 

fingerprints of at least one individual to the 

NRC who NERC has determined to be 

trustworthy and reliable and has a need to 

know SGI. NERC’s trustworthiness and 

reliability determination shall be based, at a 

minimum, on all elements of a background 

check except for each individual’s criminal 

history record. The NRC will conduct a 

criminal history record check based on each 

individual’s fingerprints. Based upon the 

outcome of the criminal history record check, 

the NRC shall determine if the individual (or 

individuals if more than one name is 

submitted and approved) may have access to 

SGI and can serve as a reviewing official 

under this MOU. Upon approval by the NRC, 

this individual (or individuals if more than 

one name is submitted and approved) may 

serve as a reviewing official authorized to 

make SGI access authorization 

determinations for other NERC employees, 

consultants and contractors. 

Individuals possessing an active Federal 

security clearance require no additional 

fingerprinting or background check for access 

to SGI, as this clearance meets the 

fingerprinting requirement and other 

elements of the background check, as 

prescribed in 10 CFR 73.22(b)(1). Such 

individuals must still meet the need to know 

requirement for access to SGI. However, 

when relying upon an existing active Federal 

security clearance to meet the SGI access 

requirements (except for the need to know 

determination), NERC should obtain and 

maintain a record of official notification 

stating that the individual possesses such a 

clearance. 

Only NRC-approved reviewing officials 

shall be authorized to make SGI access 

determinations for other individuals who 

have been identified by NERC as having a 

need to know SGI. The reviewing official 

shall be responsible for determining that 

these individuals have a ‘‘need to know’’ for 

access to SGI to carry out their official duties 

under this MOU and for determining that 

these individuals are trustworthy and 

reliable. The reviewing official’s 

determination of trustworthiness and 

reliability shall be based upon an adequate 

background check, including, at a minimum, 

an FBI criminal history records checks and 

fingerprinting. The reviewing official can 

only make SGI access determinations for 

other individuals, but cannot approve other 

individuals to act as reviewing officials. 

NERC agrees that the reviewing official 

shall maintain secure and adequate records 

of each SGI access authorization 

determination. Such records shall be 

available to the NRC for inspection upon 

request. 

Protection of Safeguards Information While 

in Use or Storage 

SGI must be adequately protected while in 

use or storage to prevent its unauthorized 

release or disclosure. The NRC and NERC 

agree to comply with the requirements for 

protection of SGI while in use or storage set 

forth in 10 CFR 73.22(c). 

Preparation and Marking of Documents or 

Other Matter 

Documents and other matter must be 

prepared and conspicuously marked as SGI 

to ensure against unauthorized release or 

disclosure. The NRC and NERC agree to 

comply with the requirements for 

preparation and marking of documents and 

other material as set forth in 10 CFR 73.22(d). 

Reproduction of Matter Containing 

Safeguards Information 

SGI may be reproduced to the minimum 

extent necessary consistent with need 

without permission of the originator. The 

NRC and NERC agree to comply with the 

requirements for reproduction of documents 

and other material containing SGI as set forth 

in 10 CFR 73.22(e). 

External Transmission of Documents and 

Material 

Documents or other matter containing SGI 

when transmitted outside an authorized 

place of use or storage shall be enclosed in 

two sealed envelopes or wrappers and must 

not bear any markings or indication that the 

document contains SGI. The NRC and NERC 

agree to comply with the requirements for the 

external transmission of documents and 

other material containing SGI as set forth in 

10 CFR 73.22(f). 

Processing of Safeguards Information on 

Electronic Systems 

SGI may not be transmitted by unprotected 

telecommunications circuits except under 

emergency or extraordinary conditions. SGI 

must be processed or produced on an 

electronic system that ensures the integrity of 

the information and prevents the 

unauthorized release or disclosure of SGI. 

The NRC and NERC agree to comply with the 

requirements for the processing of SGI on 

electronic systems as set forth in 10 CFR 

73.22(g). 

Removal from Safeguards Information 

Category 

Documents containing SGI shall be 

removed from the SGI category (decontrolled) 

only after the NRC determines that the 

information no longer meets the criteria for 

designation as SGI. Organizations have the 

authority to make determinations that 

specific documents which they created no 

longer contain SGI and may be decontrolled. 

The NRC and NERC agree to comply with the 

requirements for removing information from 

the SGI category as set forth in 10 CFR 

73.22(h). 

Destruction of Matter Containing Safeguards 

Information 

Documents containing SGI should be 

destroyed when no longer needed. The NRC 

and NERC agree to comply with the 

requirements for the destruction of 

documents and other material containing SGI 

as set forth in 10 CFR 73.22(i). 

[FR Doc. 2010–229 Filed 1–8–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2010–0003] 

Implementation of Open Government 

Directive 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Solicitation of public comment. 

SUMMARY: In response to the Office of 

Management and Budget’s (OMB) 

December 8, 2009, Open Government 

Directive, which helps to implement the 

President’s January 21, 2009, 

Memorandum on Transparency and 

Open Government, the Nuclear 

Regulatory Commission (NRC) is 

requesting public comment to aid the 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 6 / Monday, January 11, 2010 / Notices 1419 

NRC’s determination of what data sets it 

might be appropriate to publish online 

and what transparency, public 

participation, and collaboration 

improvements it might include as it 

drafts its Open Government Plan. The 

December 8, 2009, Directive generally 

instructs Federal agencies to identify 

and publish online in an open format at 

least three high-value data sets by 

January 22, 2010, and an Open 

Government Plan by April 7, 2010. 

While the Open Government Directive, 

by its terms, does not strictly apply to 

independent agencies like the NRC, the 

President has stated that independent 

agencies should comply with it. 

Accordingly, the NRC, in line with its 

longstanding commitment to openness 

and transparency, will endeavor to 

comply with the Open Government 

Directive and meet its deadlines. As part 

of this effort, the NRC will seek to 

identify and publish high-value data 

sets and draft an Open Government 

Plan, and the NRC is now inviting 

public comment on these matters. In 

addition, if a draft Open Government 

Plan is developed sufficiently prior to 

the April 7, 2010, deadline to allow time 

for meaningful public comment on the 

draft, the draft will be posted on the 

NRC’s forthcoming Open Government 

Web page. Comments on the draft Plan 

could then be submitted to the NRC via 

the Open Government Web page. 

DATES: Submit comments regarding 

publication of high-value data sets as 

soon as possible to assure consideration 

for purposes of the Open Government 

Directive’s January 22, 2010, deadline. 

However, even comments that are 

received too late for meaningful 

consideration with respect to the 

January 22 deadline are nonetheless 

welcome, because the NRC may decide 

to publish additional data sets at later 

dates. Submit comments on the NRC’s 

Open Government Plan by February 10, 

2010. Comments on the Open 

Government Plan that are received after 

this date will be considered during the 

initial development of the Open 

Government Plan if it is practical to do 

so, but the NRC is able to assure 

consideration only for comments 

received on or before this date. 

ADDRESSES: Please include Docket ID 

NRC–2010–0003 in the subject line of 

your comments. Comments submitted in 

writing or in electronic form will be 

posted on the NRC Web site and on the 

Federal rulemaking Web site 

Regulations.gov. Because your 

comments will not be edited to remove 

any identifying or contact information, 

the NRC cautions you against including 

any information in your submission that 

you do not want to be publicly 

disclosed. 

The NRC requests that any party 

soliciting or aggregating comments 

received from other persons for 

submission to the NRC inform those 

persons that the NRC will not edit their 

comments to remove any identifying or 

contact information, and therefore, they 

should not include any information in 

their comments that they do not want 

publicly disclosed. 

You may submit comments by any 

one of the following methods. 

Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

NRC–2010–0003. Comments may be 

submitted electronically through this 

Web site. Address questions about NRC 

dockets to Carol Gallagher 301–492– 

3668; e-mail Carol.Gallagher@nrc.gov. 

Mail comments to: Michael T. Lesar, 

Chief, Rulemaking and Directives 

Branch (RDB), Division of 

Administrative Services, Office of 

Administration, Mail Stop: TWB–05– 

B01M, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, or by fax to RDB at (301) 492– 

3446. 

You can access publicly available 

documents related to this notice using 

the following methods: 

NRC’s Public Document Room (PDR): 

The public may examine and have 

copied for a fee publicly available 

documents at the NRC’s PDR, Room O1 

F21, One White Flint North, 11555 

Rockville Pike, Rockville, Maryland. 

NRC’s Agencywide Documents Access 

and Management System (ADAMS): 

Publicly available documents created or 

received at the NRC are available 

electronically at the NRC’s Electronic 

Reading Room at http://www.nrc.gov/ 

reading-rm/adams.html. From this page, 

the public can gain entry into ADAMS, 

which provides text and image files of 

the NRC’s public documents. If you do 

not have access to ADAMS or if there 

are problems in accessing the 

documents located in ADAMS, contact 

the NRC’s PDR reference staff at 1–800– 

397–4209, 301–415–4737, or by e-mail 

to pdr.resource@nrc.gov. 

Federal Rulemaking Web site: Public 

comments and supporting materials 

related to this notice can be found at 

http://www.regulations.gov by searching 

on Docket ID: NRC–2010–0003. 

NRC’s Open Government Web page: 

Consistent with the Open Government 

Directive, the NRC plans to establish its 

Open Government Web page by 

February 6, 2010. The NRC’s Open 

Government Web page will be located at 

http://www.nrc.gov/open. The NRC’s 

Open Government Web page will offer 

opportunities to provide input to the 

NRC regarding the Open Government 

Plan, both before and after the plan is 

published. 

FOR FURTHER INFORMATION CONTACT: 

James B. Schaeffer, Deputy Director, 

Office of Information Services, (301) 

415–7330, James.Schaeffer@nrc.gov. 

SUPPLEMENTARY INFORMATION: On 

December 8, 2009, the Director of the 

Office of Management and Budget 

issued an Open Government Directive, 

which helps to implement the 

President’s January 21, 2009, 

Memorandum on Transparency and 

Open Government. According to the 

President’s Memorandum, ‘‘independent 

agencies should comply with the Open 

Government Directive.’’ Therefore, 

consistent with the NRC’s longstanding 

commitment to openness and 

transparency, the NRC will endeavor to 

comply with the Open Government 

Directive and meet its deadlines. The 

Open Government Directive is available 

on the Internet at http:// 

www.whitehouse.gov/open/documents/ 

open-government-directive, and the 

President’s January 21, 2009, 

Memorandum is available at http:// 

www.whitehouse.gov/the_press_office/ 

Transparency_and_Open_Government. 

The Open Government Directive 

instructs Federal agencies to ‘‘identify 

and publish online in an open format at 

least three high-value data sets * * * 

and register those data sets via Data.gov. 

These must be data sets not previously 

available online or in a downloadable 

format.’’ The Open Government 

Directive further states that ‘‘[h]ighvalue information is information that 

can be used to increase agency 

accountability and responsiveness; 

improve public knowledge of the agency 

and its operations; further the core 

mission of the agency; create economic 

opportunity; or respond to need and 

demand as identified through public 

consultation.’’ The due date for 

publication of data sets under the Open 

Government Directive is January 22, 

2010. The NRC will seek to meet that 

deadline and is currently investigating 

whether it has data sets appropriate for 

publication that would be of high value 

to the public but that are not currently 

publicly available online. 

The Open Government Directive also 

instructs agencies to develop and 

publish Open Government Plans. An 

agency’s Open Government Plan, 

according to the Open Government 

Directive, ‘‘is the public roadmap that 

details how [the] agency will 

incorporate the principles of the 

President’s January 21, 2009, 

Memorandum on Transparency and 


srobinson on DSKHWCL6B1PROD with NOTICES
1420 Federal Register / Vol. 75, No. 6 / Monday, January 11, 2010 / Notices 

Open Government into the core mission 

objectives of [the] agency.’’ Open 

Government Plans are to set forth how 

each agency plans to improve 

transparency, public participation and 

collaboration. Open Government Plans 

also are to describe at least one ‘‘flagship 

initiative’’ the agency is already 

implementing or will implement to 

improve transparency, public 

participation, or collaboration. The 

Open Government Directive has 

established April 7, 2010, as the due 

date for publication of agency Open 

Government Plans, and the NRC will 

seek to meet that deadline. The Open 

Government Directive, available at the 

Internet address listed above, provides 

further details on the contents of agency 

Open Government Plans. 

To aid the NRC’s efforts to determine 

what data sets might be appropriate to 

publish and what transparency, public 

participation, and collaboration 

improvements it might include in its 

Open Government Plan, the NRC is 

soliciting public comments. Comments 

regarding publication of data sets are 

requested as soon as possible in light of 

the January 22, 2010, target date for 

publication of data sets. Please note that 

there is not yet a draft available of the 

NRC’s Open Government Plan, and the 

NRC is not yet certain when a draft will 

be available. If a draft is developed 

sufficiently prior to the April 7, 2010, 

deadline to allow time for meaningful 

public comment on the draft, the draft 

will be posted on the NRC’s forthcoming 

Open Government Web page, which, 

consistent with the Open Government 

Directive, the NRC plans to establish by 

February 6, 2010. The NRC’s Open 

Government Web page will be located at 

http://www.nrc.gov/open. The NRC’s 

Open Government Web page will also 

itself offer opportunities to provide 

input to the NRC regarding the Open 

Government Plan, both before and after 

the plan is published. Once the Open 

Government Plan is published, updates 

would be scheduled to occur every 2 

years, and opportunities for public 

input would be provided in connection 

with these updates as well. With respect 

to the Open Government Plan, the NRC 

is providing a 30-day comment period. 

Dated at Rockville, Maryland this 4th day 

of January, 2010. 

For the Nuclear Regulatory Commission. 

R. William Borchardt, 

Executive Director for Operations. 

[FR Doc. 2010–228 Filed 1–8–10; 8:45 am] 

BILLING CODE 7590–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration # 11996 and # 11997] 

Florida Disaster # FL–00049 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Notice. 

Summary: This is a notice of an 

Administrative declaration of a disaster 

for the State of Florida dated 12/29/ 

2009. 

Incident: Severe Storms and Flooding. 

Incident Period: 12/17/2009. 

Effective Date: 12/29/2009. 

Physical Loan Application Deadline 

Date: 03/01/2010. 

Economic Injury (EIDL) Loan 

Application Deadline Date: 09/29/2010. 

ADDRESSES: Submit completed loan 

applications to: U.S. Small Business 

Administration, Processing and 

Disbursement Center, 14925 Kingsport 

Road, Fort Worth, TX 76155. 

FOR FURTHER INFORMATION CONTACT: A. 

Escobar, Office of Disaster Assistance, 

U.S. Small Business Administration, 

409 3rd Street, SW., Suite 6050, 

Washington, DC 20416. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that as a result of the 

Administrator’s disaster declaration, 

applications for disaster loans may be 

filed at the address listed above or other 

locally announced locations. 

The following areas have been 

determined to be adversely affected by 

the disaster: 

Primary Counties: Broward. 

Contiguous Counties: Florida: 

Collier, Hendry, Miami-Dade, Palm 

Beach. 

The Interest Rates are: 

Percent 

For Physical Damage: 

Homeowners With Credit 

Available Elsewhere ............ 5.125 

Homeowners Without Credit 

Available Elsewhere ............ 2.562 

Businesses With Credit Available Elsewhere .................... 6.000 

Businesses Without Credit 

Available Elsewhere ............ 4.000 

Non-Profit Organizations With 

Credit Available Elsewhere .. 3.625 

Non-Profit Organizations Without Credit Available Elsewhere ................................... 3.000 

For Economic Injury: 

Businesses & Small Agricultural Cooperatives Without 

Credit Available Elsewhere .. 4.000 

Non-Profit Organizations Without Credit Available Elsewhere ................................... 3.000 

The number assigned to this disaster 

for physical damage is 11996 6 and for 

economic injury is 11997 0. 

The State which received an EIDL 

Declaration # is Florida. 

(Catalog of Federal Domestic Assistance 

Numbers 59002 and 59008) 

Dated: December 29, 2009. 

Karen G. Mills, 

Administrator. 

[FR Doc. 2010–250 Filed 1–8–10; 8:45 am] 

BILLING CODE 8025–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration # 11986 and # 11987] 

Alabama Disaster # AL–00025 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Notice. 

SUMMARY: This is a notice of an 

Administrative declaration of a disaster 

for the State of Alabama dated 12/29/ 

2009. 

Incident: Severe Storms and Flooding. 

Incident Period: 12/12/2009 through 

12/18/2009. 

Effective Date: 12/29/2009. 

Physical Loan Application Deadline 

Date: 03/01/2010. 

Economic Injury (EIDL) Loan 

Application Deadline Date: 09/29/2010. 

ADDRESSES: Submit completed loan 

applications to: U.S. Small Business 

Administration, Processing and 

Disbursement Center, 14925 Kingsport 

Road, Fort Worth, TX 76155. 

FOR FURTHER INFORMATION CONTACT: A. 

Escobar, Office of Disaster Assistance, 

U.S. Small Business Administration, 

409 3rd Street, SW., Suite 6050, 

Washington, DC 20416. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that as a result of the 

Administrator’s disaster declaration, 

applications for disaster loans may be 

filed at the address listed above or other 

locally announced locations. 

The following areas have been 

determined to be adversely affected by 

the disaster: 

Primary Counties: Escambia. 

Contiguous Counties: 

Alabama: Baldwin; Conecuh; Covington; 

Monroe. 

Florida: Escambia; Okaloosa; Santa 

Rosa. 

The Interest Rates are: 

Percent 

For Physical Damage: 

Homeowners With Credit Available Elsewhere: ........................ 5.125 


srobinson on DSKHWCL6B1PROD with NOTICES