65206 Federal Register / Vol. 77, No. 207 / Thursday, October 25, 2012 / Notices 

During the public comment period, 

the consent decree may be examined 

and downloaded at this Justice 

Department Web site: http:// 

www.usdoj.gov/enrd/ 

Consent_Decrees.html. We will provide 

a paper copy of the consent decree upon 

written request and payment of 

reproduction costs. Please mail your 

request and payment to: Consent Decree 

Library, U.S. DOJ—ENRD, P.O. Box 

7611, Washington, DC 20044–7611. 

Please enclose a check or money order 

for $15.50 (25 cents per page 

reproduction cost) payable to the United 

States Treasury. 

Maureen Katz, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 2012–26250 Filed 10–24–12; 8:45 am] 

BILLING CODE 4410–15–P 

MERIT SYSTEMS PROTECTION 

BOARD 

Privacy Act of 1974; Amendment of 

Privacy Act System of Records 

AGENCY: Merit Systems Protection 

Board. 

ACTION: Notice of amendment to system 

of records. 

SUMMARY: The Merit Systems Protection 

Board (MSPB) is issuing public notice of 

its intent to amend a Government-wide 

system of records that it maintains 

subject to the Privacy Act of 1974 (5 

U.S.C. 552a). MSPB/GOVT–1, ‘‘Appeals 

and Case Records,’’ is being amended to 

reflect that its location is in the Office 

of the Clerk of the Board. 

Also, the purpose(s) under the 

authority for maintenance of the system 

was amended to reflect that these 

records may be used to document and 

adjudicate appeals and other matters 

arising under the Board’s appellate and 

original jurisdiction; locate appeal 

documents and files, physical or 

electronic; provide statistical data for 

reports, staff productivity, and other 

management functions; and provide 

information to support other statutory 

functions of the Board, such as studies 

of the civil service under 5 U.S.C. 

1204(a)(3), and review of regulations of 

the Office of Personnel Management 

(OPM) under 5 U.S.C. 1204(f), and 

reporting under 5 U.S.C. 1206. The 

MSPB is also adding a routine use: 

release to the public, including via the 

agency’s Web site following issuance of 

a decision. 

MSPB/GOVT–1 

SYSTEM NAME: 

Appeals and Case Records. 

SYSTEM LOCATION: 

Office of the Clerk of the Board, Merit 

Systems Protection Board (MSPB), Suite 

500, 1615 M Street NW., Washington, 

DC 20419, and MSPB regional and field 

offices (see list of office addresses in the 

Appendix). 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

a. Current and former Federal 

employees, applicants for employment, 

annuitants, and other individuals who 

have filed appeals with MSPB or its 

predecessor agency, or with respect to 

whom the Office of Special Counsel 

(OSC) or another Federal agency has 

petitioned MSPB concerning any matter 

over which MSPB has jurisdiction. 

b. Current and former employees of 

State and local governments who have 

been investigated by OSC and have had 

an appeal before MSPB concerning 

possible violation of the Hatch Act. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

a. These records contain information 

or documents such as briefs, pleadings, 

motions, exhibits, hearing transcripts, 

and MSPB decisions, which comprise 

the administrative records of appeals 

and other matters arising under the 

adjudicatory authority of the Board. 

These records may also contain 

individual appellants’ names, social 

security numbers, home addresses, 

veterans’ status, race, sex, national 

origin, and disability status data. 

b. This system also includes the 

Board’s case processing system (CPS). 

The CPS was designed to manage all 

documents created by the Board during 

the processing of a case, as well as 

documents that are received 

electronically from the parties. At the 

present time, the CPS includes: a 

document assembly system to create 

documents; a document management 

system to manage and store documents; 

a case management system to record 

activities in cases, track the location of 

case files, and produce statistical reports 

on cases; and an electronic filing and 

electronic publishing system to allow 

the parties to send and receive case 

documents electronically. 

Note: This system includes records 

and documents compiled by Federal 

agencies in processing adverse actions 

and actions based on unacceptable 

performance, covered by OPM/GOVT–3, 

when such actions are appealed to 

MSPB. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

5 U.S.C. 1204. 

Purpose(s): 

These records may be used to: 

a. Document and adjudicate appeals 

and other matters arising under the 

Board’s appellate and original 

jurisdiction; 

b. Locate appeal documents and files, 

whether physical or electronic; 

c. Provide statistical data for reports, 

staff productivity, and other 

management functions; and 

d. Provide information to support 

other statutory functions of the Board, 

such as studies of the civil service under 

5 U.S.C. 1204(a)(3), review of 

regulations of the Office of Personnel 

Management under 5 U.S.C. 1204(f), and 

reporting under 5 U.S.C. 1206. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

Information from the record may be 

disclosed: 

a. To officials of the Equal 

Employment Opportunity Commission 

(EEOC) or a Special Panel convened 

under authority of 5 U.S.C. 7702 when 

requested in connection with the 

performance of their authorized duties; 

b. To officials of the Office of 

Personnel Management (OPM), the 

Federal Labor Relations Authority 

(FLRA), EEOC, and OSC in connection 

with the performance of their 

authorized duties; 

c. To the Government Accountability 

Office (GAO) in response to an official 

inquiry or investigation; 

d. To provide information to a 

Congressional office from the record of 

an individual in response to an inquiry 

from that Congressional office made at 

the request of that individual; 

e. To an appropriate Federal or local 

agency responsible for investigating, 

prosecuting, enforcing, or implementing 

a statute, rule, regulation, or order 

where there is an indication of a 

violation or potential violation of civil 

or criminal law or regulation; 

f. To the Office of Management and 

Budget (OMB) at any stage in the 

legislative process in connection with 

private relief legislation as set forth in 

OMB Circular No. A–19; 

g. To the Department of Justice (DOJ) 

when: 

(1) The Board, or any component 

thereof; or 

(2) Any employee of the Board in the 

employee’s official capacity; or 

(3) Any employee of the Board in the 

employee’s individual capacity where 

the Department of Justice (DOJ) has 

agreed to represent the employee; or 

(4) The United States is a party to 

litigation or has an interest in such 


erowe on DSK2VPTVN1PROD with 
Federal Register / Vol. 77, No. 207 / Thursday, October 25, 2012 / Notices 65207 

litigation and the use of such records is 

deemed to be relevant and necessary to 

the litigation, providing that the 

disclosure of the records is a use of the 

information contained in the records 

that is compatible with the purpose for 

which the records were collected, or 

approval or consultation is required; 

h. In any proceeding before a court or 

adjudicative body before which the 

Board is authorized to appear when: 

(1) The Board, or any component 

thereof; or 

(2) Any employee of the Board in the 

employee’s official capacity; or 

(3) Any employee of the Board in the 

employee’s individual capacity where 

the DOJ has agreed to represent the 

employee; or 

(4) The United States is a party to 

litigation or has an interest in such 

litigation and the use of such records is 

deemed to be relevant and necessary to 

the litigation, providing that the 

disclosure of the records is a use of the 

information contained in the records 

that is compatible with the purpose for 

which the records were collected, or 

approval or consultation is required; 

i. To any person making a status 

inquiry regarding a proceeding before 

MSPB; 

j. To the National Archives and 

Records Administration in records 

management inspections conducted 

under authority of 44 U.S.C. 2904 and 

2906; 

k. In response to a request for 

discovery or for appearance of a 

witness, if the requested information is 

relevant to the subject matter involved 

in a pending judicial or administrative 

proceeding; 

l. To Federal and State agencies for 

the purpose of providing MSPB with 

information concerning MSPB 

appellants, which information will be 

used, absent personal identifiers, in 

MSPB research projects mandated by 5 

U.S.C. 1204(a)(3); 

m. To officials of the United States 

Court of Appeals for the Federal Circuit 

in connection with the performance of 

their judicial functions; 

n. To officials of State or local bar 

associations or disciplinary boards or 

committees when they are investigating 

complaints against attorneys in 

connection with their representation of 

a party before the Board; and 

o. To the public, including to the 

agency’s Web site following issuance of 

a decision. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

These records are maintained in file 

folders and binders and in computer 

storage media. 

RETRIEVABILITY: 

These records are retrieved by the 

names of the individuals on whom they 

are maintained and by MSPB docket 

numbers. 

SAFEGUARDS: 

Access to these records is limited to 

persons whose official duties require 

such access. Personal screening is 

employed to prevent unauthorized 

disclosure. Automated records in this 

system are maintained in a secure 

computer room in a building with 

restricted access. Automated records are 

protected from unauthorized access 

through password identification 

procedures and other system-based 

protection methods. 

RETENTION AND DISPOSAL: 

Paper records are maintained for up to 

one year after a final determination by 

MSPB or, in some instances, other 

administrative authorities or the courts. 

Thereafter, they are transferred to 

Regional Federal Records Centers or 

other appropriate facilities. Paper 

records are destroyed by the Federal 

Records Centers when the records are 

seven years old. Electronic records of 

the case management system may be 

maintained indefinitely, or until the 

Board no longer needs them. 

SYSTEM MANAGER(S) AND ADDRESS: 

The Clerk of the Board, Merit Systems 

Protection Board, Suite 500, 1615 M 

Street NW., Washington, DC 20419, and 

MSPB regional and field offices (see list 

of office addresses in the Appendix). 

NOTIFICATION PROCEDURES: 

Individuals wishing to inquire 

whether this system of records contains 

information about them should contact 

the Clerk of the Board and must follow 

the MSPB Privacy Act regulations at 5 

CFR part 1205 regarding such inquiries. 

RECORD ACCESS PROCEDURES: 

Individuals requesting access to their 

records should contact the Clerk of the 

Board. If the requester has reason to 

believe the records in question are 

located in a regional or field office, it is 

appropriate to submit the request to that 

office. Such requests should be 

addressed to the regional director or 

chief administrative judge (see list of 

office addresses in the Appendix). 

Requests for access to records must 

follow the MSPB Privacy Act 

regulations at 5 CFR part 1205. 

CONTESTING RECORD PROCEDURES: 

Individuals requesting amendment 

should write to the Clerk of the Board. 

If the requester has reason to believe the 

records in question are located in a 

regional or field office, it is appropriate 

to submit the request to that office. Such 

requests should be addressed to the 

regional director or chief administrative 

judge (see list of office addresses in the 

Appendix). 

Requests for amendment of records 

must follow the MSPB Privacy Act 

regulations at 5 CFR part 1205. 

These provisions for amendment of 

the record are not intended to permit 

the alteration of evidence presented in 

the course of adjudication before MSPB 

either before or after MSPB has rendered 

a decision on the appeal. 

RECORD SOURCE CATEGORIES: 

The sources of these records are: 

a. The individual to whom the record 

pertains; 

b. The agency employing the above 

individual; 

c. The MSPB, OPM, EEOC, OSC; and 

d. Other individuals or organizations 

from whom MSPB has received 

testimony, affidavits or other 

documents. 

Appendix 

Regional and Field Offices of the Merit 

Systems Protection Board: 

1. Atlanta Regional Office, Merit Systems 

Protection Board, 401 W. Peachtree Street, 

NE., Suite 1050, Atlanta, Georgia 30308. 

2. Central Regional Office, Merit Systems 

Protection Board, 230 South Dearborn Street, 

31st Floor, Chicago, Illinois 60604. 

3. Dallas Regional Office, Merit Systems 

Protection Board, 1100 Commerce Street, 

Room 620, Dallas, Texas 75242. 

4. Denver Field Office, Merit Systems 

Protection Board, 165 South Union Blvd., 

Suite 318, Lakewood, Colorado 80228. 

5. New York Field Office, Merit Systems 

Protection Board, 26 Federal Plaza, Room 

3137–A, New York, New York 10278. 

6. Northeastern Regional Office, Merit 

Systems Protection Board, 1601 Market 

Street, Suite 1700, Philadelphia, 

Pennsylvania 19103. 

7. Western Regional Office, Merit Systems 

Protection Board, 201 Mission Street, Suite 

2310, San Francisco, California 94105. 

8. Washington, DC Regional Office, Merit 

Systems Protection Board, 1800 Diagonal 

Road, Suite 205, Alexandria, VA 22314. 

DATES: Comments on this amendment 

must be received by the Clerk of the 

Board on or before November 26, 2012. 

(The Privacy Act, at 5 U.S.C. 

552a(e)(11), requires that the public be 

provided a 30-day period in which to 

comment on an agency’s intended use of 

information in a system of records. 


erowe on DSK2VPTVN1PROD with 
65208 Federal Register / Vol. 77, No. 207 / Thursday, October 25, 2012 / Notices 

Appendix I to Office of Management 

and Budget (OMB) Circular A–130 

requires an additional 10-day period— 

for a total of 40 days—in which to make 

such comments). The amended system 

of records will be effective, as proposed, 

at the end of the comment period unless 

the Board determines, upon review of 

the comments received, that changes 

should be made. In that event, the Board 

will publish a revised notice in the 

Federal Register. 

ADDRESSES: Submit comments to 

William D. Spencer, Clerk of the Board, 

Merit Systems Protection Board, Suite 

500, 1615 M St., NW., Washington, DC 

20419. Comments may be submitted by 

regular mail to this address, by facsimile 

to (202) 653–7130, or by email to 

mspb@mspb.gov. 

FOR FURTHER INFORMATION CONTACT: 

William Spencer, Clerk of the Board, at 

(202) 653–7200. 

William D. Spencer, 

Clerk of the Board. 

[FR Doc. 2012–26241 Filed 10–24–12; 8:45 am] 

BILLING CODE 7400–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 070–3098; NRC–2011–0081] 

Notice of Consideration of Approval of 

Application Regarding Proposed 

Indirect Transfer of Control of the 

Construction Authorization for the 

Mixed Oxide Fuel Fabrication Facility 

in Aiken, SC 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Application for approval of an 

indirect transfer of a construction 

authorization; opportunity to request a 

hearing or provide written comments. 

DATES: Submit comments by November 

26, 2012. A request for a hearing must 

be filed by November 14, 2012. 

FOR FURTHER INFORMATION CONTACT: 

David H. Tiktinsky, Sr. Project Manager, 

Mixed Oxide and Deconversion Branch, 

Division of Fuel Cycle Safety and 

Safeguards, Office of Nuclear Material 

Safety and Safeguards, Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001 telephone: 301–492– 

3229; fax number: 301–492–3359; email: 

David.Tiktinsky@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC or the Commission) 

is considering an application for 

approval of an indirect transfer of 

control regarding construction 

authorization (CA) CAMOX–001. The 

application, dated August 30, 2012 

(ADAMS Accession No. ML12243A498), 

was supplemented on October 1, 2012 

(ADAMS Accession No. ML12276A108), 

This notice of the application (in section 

II below) discusses the procedures 

applicable to submitting requests for a 

hearing, which are set forth in Title 10 

of the Code of Federal Regulations (10 

CFR), part 2. In accordance with 10 CFR 

2,1305(a), written comments on the 

application may be submitted as an 

alternative to requesting a hearing, as 

discussed in section IV below. 

The CA was originally issued to Duke 

Cogema Stone and Webster on March 

25, 2005. The CA was modified in 2006, 

to change the name of the CA holder to 

Shaw AREVA MOX Services (MOX 

Services) (ADAMS Accession No. 

ML063110298). Under the CA, MOX 

Services is now constructing a Mixed 

Oxide Fuel Fabrication Facility (MFFF) 

at the Department of Energy (DOE) 

Savannah River Site in Aiken, South 

Carolina. MOX Services has separately 

requested the NRC’s authorization to 

operate the MFFF, which is currently 

under review. 

In its August 30, 2012, application, 

MOX Services proposes to make 

changes in its ownership structure, 

whereby its ultimate parent corporation 

(‘‘The Shaw Group, Inc.’’) would 

become a wholly-owned subsidiary of 

Chicago Bridge and Iron Company NV 

Shaw (CB&I Shaw), based on a purchase 

transaction agreement dated July 30, 

2012 (ADAMS Accession No. 

ML12269A340). MOX Services would 

continue to hold the CA, and no 

physical changes to the MFFF are being 

proposed. An NRC administrative 

review, documented in an email sent to 

MOX Services on September 11, 2012 

(ADAMS Accession No. ML12269A087), 

found the application acceptable to 

begin a more detailed technical review. 

If the August 30, 2012 application is 

granted, the CA would be amended for 

administrative purposes to reflect the 

indirect transfer. No physical changes 

would be made at the MFFF site as a 

result of the indirect transfer. An 

environmental assessment of the 

proposed action will not be prepared 

because such transfers are actions which 

are categorically excluded from the need 

to conduct any further environmental 

review, pursuant to 10 CFR 51.22(c)(21). 

If the application is granted, an 

evaluation will document the approval 

of the indirect transfer of control, and 

the evaluation would contain the 

required findings as discussed further 

below. 

Pursuant to 10 CFR 70.36, no license 

granted under 10 CFR part 70, and no 

right thereunder to possess or utilize 

special nuclear material (SNM), shall be 

transferred, assigned, or in any manner 

disposed of, directly or indirectly, 

through transfer of control of any 

license to any person unless the 

Commission, after securing full 

information, finds that the transfer is in 

accordance with the Atomic Energy Act 

(AEA), and gives its consent in writing. 

The CA does not authorize MOX 

Services to use SNM at the MFFF—it 

only authorizes MOX Services to 

construct the MFFF. The CA is thus 

analogous to a construction permit, and 

it has served as the mechanism under 

which the NRC has overseen the MFFF 

construction activities. Because the term 

‘‘license’’, as defined in 10 CFR 2.4, 

includes a construction permit, and 

because the Administrative Procedure 

Act’s definition of the term ‘‘license’’, in 

5 U.S.C. 551(8), includes any agency 

approval or other form of permission, 

the NRC finds that the 10 CFR 70.36 

requirements are applicable here. 

The NRC will approve the August 30, 

2012, application for the indirect 

transfer of the CA if it determines that 

the proposed restructuring and 

reorganization will not affect the 

qualifications of MOX Services to hold 

the CA, and that the transfer is 

otherwise consistent with applicable 

provisions of law, regulations, and any 

NRC orders that may be applicable. 

II. Opportunity To Request a Hearing 

and Leave To Intervene 

Requirements for submitting hearing 

requests and petitions for leave to 

intervene are found in 10 CFR 2.309, 

‘‘Hearing requests, petitions to 

intervene, requirements for standing, 

and contentions.’’ Interested persons 

should consult 10 CFR 2.309, which is 

available at the NRC’s PDR, located at 

One White Flint North, 11555 Rockville 

Pike, Mail Stop: O1–F21, Rockville, MD 

20852. You may also call the PDR at 1– 

800–397–4209 or 301–415–4737. The 

NRC regulations are also accessible 

electronically from the NRC Library on 

the NRC Web site at http://www.nrc.gov/ 

reading-rm/doc-collections/cfr/ 

Pursuant to 10 CFR 2.309(a), any 

person whose interest may be affected 

by this proceeding, and who wishes to 

participate as a party in the proceeding 

must file a written request for hearing 

and petition for leave to intervene. As 

required by 10 CFR 2.309, a petition for 

leave to intervene shall set forth with 

particularity the interest of the 

petitioner in the proceeding and how 

that interest may be affected by the 

results of the proceeding. Pursuant to 10 


erowe on DSK2VPTVN1PROD with