30 day FRN

Federal Register / Vol. 76, No. 39 / Monday, February 28, 2011 / Notices

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possess Byproduct, Source, and Special
Nuclear Material at the Cimarron Site
pursuant to the terms and conditions of
License SNM–928. It is further ordered
that:
(1) The Trustee shall comply with all
conditions set forth in the Settlement
Agreement and any amendments
thereto, and the Cimarron Trust
Agreement and any amendments
thereto.
(2) Within 60 days of the date of this
Order, and every 180 days thereafter,
the Trustee shall submit a report to the
Deputy Director, Division of Waste
Management and Environmental
Protection, Mailstop T8–F5, U.S.
Nuclear Regulatory Commission, 11545
Rockville Pike, Rockville, Maryland
20852, detailing all actions and
associated actual expenditures for the
previous period and a projection of
actions and expenses for the subsequent
period.
(3) Upon completion of the
groundwater remediation and in
conformance with the requirements in
10 CFR part 70 and the conditions set
forth in License SNM–928, the Cimarron
Trustee shall, within 30 days, conduct
a radiation survey of the site, and within
90 days of completion of the radiation
survey, submit a final status survey
report to the Deputy Director, Mailstop
T8–F5, U.S. Nuclear Regulatory
Commission, 11545 Rockville Pike,
Rockville, Maryland 20852 for NRC
review, to demonstrate that the site
meets the criteria for unrestricted
release.
(4) The Trustee’s responsibilities,
liabilities and authority under License
SNM–928 shall terminate only upon
Order of the NRC.
(5) No more than 5 percent of the
remaining funds in the Cimarron
Federal Environmental Cost Account
shall be spent in any 6-month period
without NRC approval.
(6) Pursuant to Paragraph 56(c)(ii) of
the Settlement Agreement, the assets of
the Cimarron Standby Trust Fund shall
not be accessed until further Order
issued by the NRC.
(7) The requirements in this Order
may only be modified in writing by the
Director, Office of Federal and State
Materials and Environmental
Management Programs.
VI
Any person adversely affected by this
Order, other than Cimarron or the
Trustee, may request a hearing within
20 days of its issuance. Any request for
a hearing shall be submitted to Charles
L. Miller, Director, Office of Federal and
State Materials and Environmental
Management Programs, Mailstop T8–

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A23, U.S. Nuclear Regulatory
Commission, 11545 Rockville Pike,
Rockville, MD 20852, and to the
Trustee, Environmental Properties
Management, LLC, Attn: Mr. Bill
Halliburton, Administrator, Cimarron
Environmental Response Trust, c/o
Environmental Properties Management,
LLC, 9400 Ward Parkway, Kansas City,
Missouri 64114. If a hearing is
requested, the requester shall set forth
with particularity the manner in which
his or her interest is adversely affected
by this Order and shall address the
criteria set forth in 10 CFR 2.309.
If a hearing is requested by a person
whose interest is adversely affected by
this Order, the Commission will
consider the hearing request pursuant to
10 CFR part 2, subpart M, and will issue
an Order designating the time and place
of any hearing. If a hearing is held, the
procedures of Subpart M will be applied
as provided by the Order designating
the time and place of the hearing. The
issue to be considered at such hearing
shall be whether this Order transferring
the license should be sustained. Any
request for a hearing shall not stay the
effectiveness of this Order.
For the Nuclear Regulatory Commission.
Dated at Rockville, Maryland, this 14th day
of February, 2011.
Charles L. Miller,
Director, Office of Federal and State
Materials and Environmental Management
Programs.
[FR Doc. 2011–4348 Filed 2–25–11; 8:45 am]
BILLING CODE 7590–01–P

OFFICE OF PERSONNEL
MANAGEMENT
Submission for Review: Extension of
an Expiring Information Collection
3206–0165; General Request for
Investigative Information (INV 40) on
Employment Data and Supervisor
Information (INV 41), Personal
Information (INV 42), Educational
Registrar and Dean of Students Record
Data (INV 43), and Law Enforcement
Data (INV 44)
U.S. Office of Personnel
Management.
ACTION: 30-Day notice and request for
comments.
AGENCY:

The Federal Investigative
Services (FIS), U.S. Office of Personnel
Management (OPM) offers the general
public and other Federal agencies the
opportunity to comment on the
extension of an expiring information
collection request (ICR), Office of
Management and Budget (OMB) Control
No. 3206–0165, for the General Request

SUMMARY:

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10923

for Investigative Information (INV 40),
the Investigative Request for
Employment Data and Supervisor
Information (INV 41), the Investigative
Request for Personal Information (INV
42), the Investigative Request for
Educational Registrar and Dean of
Students Record Data (INV 43), and the
Investigative Request for Law
Enforcement Data (INV 44). As required
by the Paperwork Reduction Act of
1995, (Pub. L. 104–13, 44 U.S.C. chapter
35) as amended by the Clinger-Cohen
Act (Pub. L. 104–106), OPM is soliciting
comments for this collection. The Office
of Management and Budget (OMB) is
particularly interested in comments
that:
1. Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
2. Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
3. Enhance the quality, utility, and
clarity of the information to be
collected; and
4. Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submissions
of responses.
DATES: Comments are encouraged and
will be accepted until March 30, 2011.
This process is conducted in accordance
with 5 CFR 1320.1.
ADDRESSES: Interested persons are
invited to submit written comments on
the proposed information collection to
the Office of Information and Regulatory
Affairs, Office of Management and
Budget, 725 17th Street, NW.,
Washington, DC 20503, Attention: Desk
Officer for the Office of Personnel
Management or sent via electronic mail
to [email protected] or
faxed to (202) 395–6974; and Federal
Investigative Services, U.S. Office of
Personnel Management, 1900 E Street,
NW., Washington, DC 20415, Attention:
Lisa Loss or sent via electronic mail to
[email protected].
FOR FURTHER INFORMATION CONTACT: A
copy of this ICR, with applicable
supporting documentation, may be
obtained by contacting the Federal
Investigative Services, U.S. Office of
Personnel Management, 1900 E. Street,
NW., Washington, DC 20415, Attention:

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Federal Register / Vol. 76, No. 39 / Monday, February 28, 2011 / Notices

protections of the Privacy Act of 1974,
as amended.
Procedurally, the subject of a
SUPPLEMENTARY INFORMATION: Section
personnel background investigation
3(a) of Executive Order (E.O.) 10450, as
discloses the identity of relevant
amended, states that with specified
sources, such as supervisors, coworkers,
exceptions, ‘‘the appointment of each
neighbors, friends, current or former
civilian officer or employee in any
spouses, instructors, relatives, or
department or agency of the
schools attended, on the standard form
Government shall be made subject to
(SF) 85, Questionnaire for Non-Sensitive
investigation,’’ and that ‘‘in no event
Positions; the SF 85P, Questionnaire for
shall the investigation consist of less
Public Trust Positions; or the SF 86,
than a national agency check * * * and Questionnaire for National Security
written inquiries to appropriate local
Positions. After OPM receives a
law enforcement agencies, former
completed SF 85, SF 85P, or SF 86, the
employers and supervisors, references,
INV forms are distributed to the
and schools attended by the persons
provided source contacts through an
under investigation.’’ This minimum
automated mailing operation.
investigation for appointment in the
The INV 40 is used to collect records
civil service is called the National
from a Federal or State record repository
Agency Check with Inquiries (NACI).
or a credit bureau. The INV 44 is used
to collect law enforcement data from a
The INV 40, 41, 42, 43, and 44 are
criminal justice agency. The INV 41, 42,
used to conduct the ‘‘written inquiries’’
portion of the NACI. They are also used and 43 are sent to employment
references, associates, and schools
in any investigation requiring the same
attended. The forms disclose that the
written inquiries, including suitability
source’s name was provided by the
investigations under E.O. 10577, as
subject to assist in completing a
amended and 5 CFR part 731, for
background investigation to help
employment in positions defined in 5
determine the subject’s suitability for
CFR 731.101(b); investigations for
employment or security clearance, and
employment in a sensitive national
request that the source complete the
security position under E.O. 10450, as
form with information to help in this
amended and 5 CFR part 732; certain
investigations for eligibility for access to determination. Generally the subject of
the investigation will identify these
classified information pursuant to
employment references, associates, and
standards promulgated under E.O.
schools on his or her SF 85, SF 85P, or
12968, as amended; certain
SF 86 questionnaire. If information is
investigations for fitness for
omitted on the questionnaire, however,
employment in the excepted service or
the information may be provided in a
as a contract employee, pursuant to
investigative requirements prescribed by follow-up contact between the subject
and an investigator. By their terms, the
employing and contracting agencies;
INV 41, 42, and 43 forms are not to be
and investigations for identity
sent to employment references,
credentials for long-term physical and
associates, and schools that have not
logical access to Federally-controlled
been identified by the subject of the
facilities and information systems,
investigation.
pursuant to standards promulgated
Approximately 279,000 INV 40
under the Federal Information Security
Management Act. The INV forms 40 and inquiries are sent to Federal and non44, in particular, facilitate OPM’s access Federal agencies annually. The INV 40
takes approximately five minutes to
to criminal history record information
complete. The estimated annual burden
under 5 U.S.C. 9101.
is 23,250 hours. Approximately
The content of the INV forms is also
2,243,000 INV 41 inquiries are sent to
designed to meet notice requirements
previous and present employers and
for personnel investigations specified by supervisors. The INV 41 takes
5 CFR 736.102(c). These notice
approximately five minutes to complete.
requirements apply to any ‘‘investigation The estimated annual burden is 186,900
* * * to determine the suitability,
hours. Approximately 1,882,000 INV 42
eligibility, or qualifications of
inquiries are sent to individuals
individuals for Federal employment, for annually. The INV 42 takes
work on Federal contracts, or for access
approximately five minutes to complete.
to classified information or restricted
The estimated annual burden is 156,800
areas.’’
hours. Approximately 464,000 INV 43
inquiries are sent to educational
None of the forms is used for any
institutions annually. The INV 43 takes
purpose other than a personnel
approximately five minutes to complete.
background investigation, as described
The estimated annual burden is 38,700
above. The completed forms are
hours. Approximately 1,546,000 INV 44
maintained by OPM subject to the

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Lisa Loss or sent via electronic mail to
[email protected].

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inquiries are sent to law enforcement
agencies annually. The INV 44 takes
approximately five minutes to complete.
The estimated annual burden is 128,800
hours. The total number of respondents
for the INV 40, INV 41, INV 42, INV 43,
and INV 44 is 6,135,200 and the total
estimated burden is 511,200 hours.
A notice of the proposed information
collection was published in the Federal
Register on February 2, 2010 (Federal
Register Notices/Volume 75, Number
21, pages 5358–5359), as required by 5
CFR part 1320, affording the public an
opportunity to comment on the form(s).
Two (2) comments were received and
are addressed as follows. The National
Treasury Employees Union provided
four areas of comment:
a. NTEU commented that INV 41, 42,
and 43 solicit ‘‘adverse information’’
about the subject of the investigation
that is not ‘‘relevant and necessary’’ to
OPM’s purposes. OPM believes that the
forms are a reasonable means to collect
information relevant to the
investigations for which the forms are
used. Open-ended questions are the
most effective means to gather source
information in an investigation, since
leading questions will tend to distort
responses. On January 19, 2011, the
Supreme Court ruled in National
Aeronautics and Space Administration
v. Nelson, 131 S. Ct. 746, that the INV
42 form’s ‘‘open-ended inquiries * * *
are reasonably aimed at identifying
capable employees who will faithfully
conduct the Government’s business’’
and that these inquiries ‘‘further the
Government’s interests in managing its
internal operations.’’ 131 S. Ct. at 759,
761. The forms include instructions
designed to prevent irrelevant
responses. Moreover, since OPM is
required by executive order to make
these inquiries in connection with
personnel investigations, retention of
the forms in OPM’s system of
investigative records is consistent with
Privacy Act requirements.
b. NTEU commented that the INV 41,
42, and 43 require disclosure of highly
personal information that is not
narrowly tailored to meet the
government’s needs. OPM rejects the
commenter’s assertion. The Supreme
Court ruled in Nelson that the
Government, ‘‘when it requests jobrelated personal information in an
employment background check,’’ does
not have ‘‘a constitutional burden to
demonstrate that its questions are
‘necessary’ or the least restrictive means
of furthering its interests.’’ 131 S. Ct. at
760. OPM concludes that the
information collection is appropriate for
the investigations in which it may be
used, namely investigations of

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srobinson on DSKHWCL6B1PROD with NOTICES

Federal Register / Vol. 76, No. 39 / Monday, February 28, 2011 / Notices
suitability for Federal employment;
investigations for employment in a
sensitive national security position;
investigations for eligibility for access to
classified information; investigations for
fitness for employment in the excepted
service or as a contract employee; and
investigations for identity credentials
for long-term physical and logical access
to Federally controlled facilities and
information systems. Further, there are
adequate protections against the
unauthorized redisclosure of reports of
investigation in the Privacy Act. See
Nelson, 131 S. Ct. at 762–64. Additional
protections are found in section 9(c) of
E.O. 10450, as amended, and in agency
restrictions on the release of personally
identifiable information.
c. NTEU commented that the forms
request information beyond that to
which the employee has consented in
the Authorization for Release of
Information as there is no indication
that information regarding general
behavior and conduct will be solicited
from individuals who might offer
information regarding personal habits.
The commenter is incorrect. The
authorization is part of a questionnaire
that specifically informs the subject that
the investigative process is designed to
develop information to show ‘‘whether
you are reliable and trustworthy, and of
good conduct and character.’’
d. NTEU commented that the forms
do not adequately explain the purpose
for which the information is sought and
its routine nature, and therefore allow
the reference to infer that the subject is
under suspicion of wrongdoing. OPM
has received no evidence to support this
suggestion during its longstanding use
of these forms. The form instructions
make clear that the form is part of a
background vetting process, not part of
a criminal or disciplinary proceeding.
An OPM investigator commented that
the INV 44 should instruct responding
law enforcement agencies to withhold
traffic violations if the fine was less than
$300 and did not involve alcohol or
drugs, since subjects of national security
investigations are not required to
disclose such violations on their SF 86,
Questionnaire for National Security
Positions. OPM does not accept this
recommendation at this time because (1)
the INV 44 is used for investigations
based on other investigative
questionnaires (SF 85, SF 85P) which do
not include exceptions for traffic
violations that resulted in fines less than
$300; and (2) subjecting responding law
enforcement agencies to the burden of
parsing such violations from their
records when responding to OPM
requests may deter responses or result
in response errors.

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OPM is proposing to modify INV
forms 40, 41, and 42 to provide
instruction to respondents to mark, by
making a check, when the respondent
requests confidentiality of his or her
identity, and to call an office at OPM to
receive approval of the request before
completing the form. The purpose of
this change is to more clearly establish
the granting of confidentiality as
permitted by the Privacy Act of 1974
and OPM’s implementing regulations.
U.S. Office of Personnel Management.
John Berry,
Director.
[FR Doc. 2011–4353 Filed 2–25–11; 8:45 am]
BILLING CODE 6325–53–P

10925

Dated: February 24, 2011.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011–4500 Filed 2–24–11; 4:15 pm]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[File No. 500–1]

Bio-Life Labs, Inc., BSI2000, Inc.,
Calais Resources, Inc., EGX Funds
Transfer, Inc., Great Western Land
Recreation, Inc. (a/k/a Great Western
Land and Recreation, Inc.), and IdCONFIRM, Inc., Order of Suspension of
Trading
February 24, 2011.

SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meeting
Notice is hereby given, pursuant to
the provisions of the Government in the
Sunshine Act, Public Law 94–409, that
the Securities and Exchange
Commission will hold a Closed Meeting
on Thursday, March 3, 2011 at 2 p.m.
Commissioners, Counsel to the
Commissioners, the Secretary to the
Commission, and recording secretaries
will attend the Closed Meeting. Certain
staff members who have an interest in
the matters also may be present.
The General Counsel of the
Commission, or his designee, has
certified that, in his opinion, one or
more of the exemptions set forth in 5
U.S.C. 552b(c)(3), (5), (7), 9(B) and (10)
and 17 CFR 200.402(a)(3), (5), (7), 9(ii)
and (10), permit consideration of the
scheduled matters at the Closed
Meeting.
Commissioner Casey, as duty officer,
voted to consider the items listed for the
Closed Meeting in a closed session.
The subject matter of the Closed
Meeting scheduled for Thursday, March
3, 2011 will be:
Institution and settlement of injunctive
actions;
Institution and settlement of
administrative proceedings; and
Other matters relating to enforcement
proceedings.
At times, changes in Commission
priorities require alterations in the
scheduling of meeting items.
For further information and to
ascertain what, if any, matters have been
added, deleted or postponed, please
contact:
The Office of the Secretary at (202)
551–5400.

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It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Bio-Life
Labs, Inc. because it has not filed any
periodic reports since the period ended
March 31, 2005.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of BSI2000,
Inc. because it has not filed any periodic
reports since the period ended
December 31, 2005.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Calais
Resources, Inc. because it has not filed
any periodic reports since the period
ended August 31, 2004.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of EGX Funds
Transfer, Inc. because it has not filed
any periodic reports since the period
ended December 31, 2002.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Great
Western Land Recreation, Inc. (a/k/a
Great Western Land and Recreation,
Inc.) because it has not filed any
periodic reports since the period ended
June 30, 2006.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of IdCONFIRM, Inc. because it has not filed
any periodic reports since the period
ended March 31, 2007.
The Commission is of the opinion that
the public interest and the protection of
investors require a suspension of trading
in the securities of the above-listed

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