60 day FRN, December 29, 2010, Vol. 75, No. 249, Pages 82095-82097

Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Notices
Determinations on requests for
reasonable accommodation will be
made on a case-by-case basis.
*
*
*
*
*
This notice is distributed
electronically to subscribers. If you no
longer wish to receive it, or would like
to be added to the distribution, please
contact the Office of the Secretary,
Washington, DC 20555 (301–415–1969),
or send an e-mail to
[email protected].
Dated: December 23, 2010.
Richard J. Laufer,
Technical Coordinator, Office of the
Secretary.
[FR Doc. 2010–32921 Filed 12–27–10; 4:15 pm]
BILLING CODE 7590–01–P

NUCLEAR REGULATORY
COMMISSION
[NRC–2010–0394]

Service Contracts Inventory
U.S. Nuclear Regulatory
Commission.
ACTION: Notice of availability.
AGENCY:

The U.S. Nuclear Regulatory
Commission (NRC) is providing for
public information its Inventory of
Contracts for Services for Fiscal Year
(FY) 2010. The inventory includes
service contract actions over $25,000
that were awarded in FY 2010.
ADDRESSES: You can access publicly
available documents related to this
document 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
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
[email protected]. The Inventory of
Contracts for Services for FY 2010 can
be accessed under ADAMS accession
number ML103481209.
The inventory was published on the
NRC Web site at the following location:

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SUMMARY:

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http://www.nrc.gov/about-nrc/
contracting.html.
Lori
Konovitz, Office of Administration, Mail
Stop TWB–01–B10M, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, Telephone: 301–492–
3627, or e-mail: [email protected].
SUPPLEMENTARY INFORMATION: In
accordance with Section 743 of Division
C of the FY 2010 Consolidated
Appropriations Act, Public Law 111–
117, the NRC is providing for public
information its Inventory of Contracts
for Services for FY 2010. The inventory
includes service contract actions over
$25,000 that were awarded in FY 2010.
The inventory contains the following
data:
1. A description of the services
purchased;
2. The NRC office responsible for
administering the contract;
3. The total dollar amount obligated
for the services under the contract, and
the funding source for the contract;
4. The contract type and date of the
award;
5. The name of the contractor and
place of performance;
6. Whether the contract is a personal
services contract; and
7. Whether the contract was awarded
on a non-competitive basis.
The NRC will analyze the data in the
inventory for the purpose of
determining if its contract labor is being
used in an effective and appropriate
manner and if the mix of Federal
employees and contractors in the agency
is effectively balanced. The NRC
developed the inventory by pulling data
from the Federal Procurement Data
System—Next Generation. The
inventory does not include contractor
proprietary or sensitive information.
FOR FURTHER INFORMATION CONTACT:

Dated at Rockville, Maryland, December
20, 2010.
For the Nuclear Regulatory Commission.
Virginia A. Huth,
Acting Director, Division of Contracts, Office
of Administration.
[FR Doc. 2010–32828 Filed 12–28–10; 8:45 am]
BILLING CODE 7590–01–P

PENSION BENEFIT GUARANTY
CORPORATION
Purchase of Irrevocable Commitments
Before Standard Termination
Pension Benefit Guaranty
Corporation.
ACTION: Notice.
AGENCY:

PBGC is not taking further
regulatory action or providing specific

SUMMARY:

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guidance on purchase of irrevocable
commitments before standard
termination at this time.
FOR FURTHER INFORMATION CONTACT:
Catherine B. Klion, Manager, or Grace
Kraemer, Attorney, Regulatory and
Policy Division, Legislative and
Regulatory Department, 1200 K Street,
NW., Washington, DC 20005–4026, 202–
326–4024. (TTY and TDD users may call
the Federal relay service toll-free at 1–
800–877–8339 and ask to be connected
to 202–326–4024).
SUPPLEMENTARY INFORMATION: On
November 23, 2009 (at 74 FR 61074), the
Pension Benefit Guaranty Corporation
(PBGC) published a request for public
comment on purchase of irrevocable
commitments before standard
termination and in response received 10
comments. PBGC thanks the
commenters for their thoughtful and
informative responses. PBGC has
decided not to take further regulatory
action or provide specific guidance at
this time. PBGC will continue
monitoring industry practices to
determine whether further regulatory
action or specific guidance is needed in
the future. PBGC will also continue to
audit all plans that make a final
distribution of plan assets before or
without filing a standard termination
notice and take enforcement action
where appropriate.
Issued in Washington, DC this 22nd day of
December, 2010.
Joshua Gotbaum,
Director, Pension Benefit Guaranty
Corporation.
[FR Doc. 2010–32827 Filed 12–28–10; 8:45 am]
BILLING CODE 7709–01–P

OFFICE OF PERSONNEL
MANAGEMENT
Submission for Review: Information
Collection 3206–NEW; Questionnaire
for Public Trust Positions (SF 85P) and
Supplemental Questionnaire for
Selected Positions (SF 85P–S)
U.S. Office of Personnel
Management.
ACTION: 60-Day Notice and request for
comments.
AGENCY:

Federal Investigative Services
(FIS), U.S. Office of Personnel
Management (OPM) offers the general
public and other federal agencies the
opportunity to comment on an
information collection request (ICR),
Office of Management and Budget
(OMB) Control No. 3206–NEW, for
Questionnaire for Public Trust
Positions, Standard Form 85P (SF 85P)

SUMMARY:

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Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Notices

and Supplemental Questionnaire for
Selected Positions, Standard Form SF
85P–S (SF 85P–S). 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 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 February 28,
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 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 20503, Attention:
Lisa Loss or sent via electronic mail to
[email protected].
SUPPLEMENTARY INFORMATION:
Questionnaire for Public Trust
Positions, SF 85P and Supplemental
Questionnaire for Selected Positions, SF
85P–S and Parallel, electronic version of
the SF 85P and SF 85P–S, including
accompanying releases, housed in a
system named e-QIP (Electronic
Questionnaires for Investigative
Processing), are information collections
completed by applicants for, or
incumbents of, Federal Civilian

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Government positions, or positions in
private entities performing work for the
Government under contract. The
collections are used as the basis of
information for background
investigations to establish that such
persons are:
• Suitable for employment or
retention in Federal employment in a
public trust position or fit for
employment or retention in Federal
employment in the excepted service
when the duties to be performed are
equivalent in degree of trust reposed in
the incumbent to a public trust position;
• Fit based on character and conduct
for contract employment on behalf of
the Federal Government, or eligible for
physical and logical access to federally
controlled facilities or information
systems as a contract employee, when
the duties to be performed are
equivalent to the duties performed by an
employee in a public trust position.
The SF 85P and SF 85P–S are
completed by civilian employees of the
Federal Government, and individuals
not employed with the Federal
Government, Non-Federal employees,
including Federal contractors and
individuals otherwise not directly
employed by the Federal Government.
For applicants, the SF 85P and SF 85P–
S are to be used only after a conditional
offer of employment has been made.
The SF 85P–S is supplemental to the SF
85P. It is estimated that 112,894 nonFederal individuals, will complete the
SF 85P annually. The SF 85P takes
approximately 75 minutes to complete.
The estimated annual burden is 141,118
hours. It is estimated that 11,717 nonFederal individuals will complete the
SF 85P–S annually. The SF 85P–S takes
approximately 10 minutes to complete.
The estimated annual burden is 1,953
hours. e-QIP (Electronic Questionnaires
for Investigations Processing) is a webbased system application that currently
houses electronic versions of the SF 85P
and SF 85P–S. This internet data
collection tool provides faster
processing time and immediate data
validation to ensure accuracy of the
respondent’s personal information. The
e-Government initiative mandates that
agencies utilize e-QIP for all
investigations and reinvestigations. A
variable in assessing burden hours is the
nature of the electronic application. The
electronic application includes
branching questions and instructions
which provide for a tailored collection
from the respondent based on varying
factors in the respondent’s personal
history. The burden on the respondent
is reduced when the respondent’s
personal history is not relevant to a

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particular question, since the question
branches, or expands for additional
details, only for those persons who have
pertinent information to provide
regarding that line of questioning. As
such, the burden on the respondent will
vary depending on whether the
information collection relates to the
respondent’s personal history.
Additionally, once entered, a
respondent’s complete and certified
investigative data remains secured in
the e-QIP system until the next time the
respondent is sponsored by an agency to
complete a new investigative form.
Upon initiation, the respondent’s
previously entered data (except ‘yes/no’
questions) will populate a new
investigative request and the respondent
will be allowed to update their
information and certify the data. In this
instance, time to complete the form is
reduced significantly.
OPM intends to establish consistency
and alignment of format and text, as
appropriate, regarding the Standard
Form investigative questionnaires. OPM
proposes changes to the SF 85P. The
collection will include requests for
email addresses and mobile phone
numbers in order to facilitate the
investigation. Section 8 collects U.S.
Passport Information which was
previously collected under the
Citizenship Section. Section 9 now
collects Citizenship. Additional
information is collected that will assist
in verifying citizenship of respondents
born outside of the U.S. Branching
questions inserted after each response
tailor the elicitation of information to
the respondent’s personal history. The
collection in Section 10, Dual/Multiple
Citizenship & Foreign Passport
Information, has been expanded to
collect more detailed information
regarding other citizenship claims and
the use of foreign passport(s). Section 9,
Where You Have Lived was amended to
Section 11. Respondents will not be
required to list temporary locations of
less than 90 days, whereas the previous
version of the form allowed this
exception only for temporary military
duty locations under 90 days. Residence
verifier information will be collected for
a period of ‘3 years’ vice ‘5 years.’
Section 10, Where You Went to School,
was amended to Section 12. Section 11,
Your Employment Activities was
amended to include, Section 13a,
Employment Activities-Employment &
Unemployment Record. Nongovernment employment (excluding
self-employment) was added to the
employment types for clarity. Section
13b, Employment Activities-Former
Federal Service was added to collect

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Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Notices
information regarding former federal
employment. Section 12 became Section
13c, Employment Record. The
collection was expanded to require
reporting of adverse incidents in the
workplace, specifically written
warnings, official reprimands,
suspensions, and discipline for
misconduct in the workplace. Section
14 became Selective Service Record.
The Selective Service Web site, http://
www.sss.gov, was added to assist the
respondent in obtaining their Selective
Service number. Section 15 became
Military History. The collection was
expanded to require military discharge
type and details of any courts martial
within the last 7 years. The collection
regarding foreign military service was
expanded to collect information
regarding service in a foreign
intelligence, diplomatic, security forces,
militia, other defense force, or
government agency, and to collect
additional details of such service. In
Section 17, Marital Status, the collection
was expanded to collect cohabitant and
former spouse information. Section 18
became Relatives and the collection was
expanded to collect aliases of named
relatives. Section 19 became Foreign
Countries You Have Visited. Branching
questions were added to collect more
specific details pertinent to incidents of
being questioned, searched or detained
by local customs or security service
officials, involvement in any encounter
with the police or in contact with any
person known or suspected of being
involved or associated with foreign
intelligence, terrorist, security, or
military organizations. In Section 20,
Police Record, branching questions were
added to inquire about the disposition
of criminal proceedings, and to inquire
about offenses related to firearms,
explosives, alcohol and drugs.
Questions were added to the section in
order to identify respondents who may
be impacted by the restrictions cited in
the Lautenberg Amendment. The
exception to omit traffic fines of less
than $150 was changed to $300 (unless
related to alcohol or drugs) to account
for the nature of fine increases since the
1995 version of the form. Section 21
became Illegal Use of Drugs and Drug
Activity. The collection was expanded
to collect information regarding illegal
use of drugs and drug involvement
during the last 7 years, and branching
questions were added to inquire about
drug involvement while employed as a
law enforcement officer, prosecutor or
courtroom official, misuse of
prescription drugs and involvement in
counseling or treatment as a result of
illegal use of drugs. Section 22, Use of

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Alcohol, was added, to collect
information regarding negative impacts
of alcohol on the respondent’s work
performance and professional
relationships during the last 7 years,
and to identify attempts at rehabilitation
through counseling or treatment.
Section 23, Investigations and Clearance
Record, was expanded to collect
additional information necessary for
investigation to obtain relevant prior
records and to elicit explanations
regarding prior security clearance
adverse actions of debarments from
federal employment. In Section 24,
Financial Record, branching questions
were added to elicit specific detailed
information pertaining to each financial
area instead of an open text field for
respondents to provide explanation. A
question was added regarding
involvement with a credit counseling
service to capture mitigating
information from respondents who seek
assistance to resolve an inability to meet
financial obligations. Section 25, Use of
Information Technology Systems, was
added to elicit information pertinent to
respondent’s illegal or unauthorized
access or attempt to access any
information technology system. Section
26, Involvement in Non-Criminal Court
Actions, was added to collect
information when the respondent, in the
last seven years, has been a defendant
in any public record civil court action
alleging fraud or intentional tortious
conduct. Section 27, Association
Record, was added to collect detailed
information pertinent to a respondent’s
involvement in terrorist organizations,
association with persons involved in
activities to further terrorism and/or to
overthrown the U.S. Government by
force or violence. Verbiage was added to
the Authorization for Release of
Information authorizing the Social
Security Administration (SSA) to verify
respondent’s Social Security Number
and provide the results to OPM. The
Authorization for Release of Medical
Information was updated to
acknowledge the Health Insurance
Portability and Accountability Act
(HIPPA) and to provide information
regarding the circumstances when its
use is required. The Fair Credit
Reporting Disclosure and Authorization
Form was made part of the proposed SF
85P as required under previous OMB
Terms of Clearance in order to
standardize the release by which
collection of credit bureau reports is
authorized.
OPM also proposes changes to the SF
85P–S. Questions regarding the illegal
use of drugs in the last 7 years will be
removed as this information will be

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collected in the primary SF 85P
questionnaire; however, the question
regarding illegal use of drugs ever while
in a public safety position or position of
trust will remain. Questions regarding
alcohol treatment or counseling in the
last 7 years will be removed as this
information will be collected in the
primary SF 85P questionnaire.
U.S. Office of Personnel Management.
John Berry,
Director.
[FR Doc. 2010–32871 Filed 12–28–10; 8:45 am]
BILLING CODE 6325–38–P

SECURITIES AND EXCHANGE
COMMISSION
[Release No. IA–3126/December 22, 2010]

Order Approving Investment Adviser
Registration Depository Filing Fees
Section 204(b) of the Investment
Advisers Act of 1940 (‘‘Advisers Act’’)
authorizes the Commission to require
investment advisers to file applications
and other documents through an entity
designated by the Commission, and to
pay reasonable costs associated with
such filings.1 Commission staff,
representatives of the North American
Securities Administrators Association,
Inc. (‘‘NASAA’’),2 and representatives of
the Financial Industry Regulatory
Authority (‘‘FINRA’’), the IARD system
operator, periodically hold discussions
on IARD system finances.
FINRA wrote to Commission staff in
November recommending revised
annual and initial IARD filing fees to
commence on January 1, 2011.3 The
recommended fee levels would increase
the fee for advisers with assets under
management of $100 million or higher,
but would not change the fee levels for
advisers with assets under management
under $100 million.4 The recommended
annual filing fees due beginning January
1, 2011 are $40 for advisers with assets
1 15

U.S.C. 80b–4(b).
IARD system is used by both advisers
registering or registered with the SEC and advisers
registered or registering with one or more state
securities authorities. NASAA represents the state
securities administrators in setting IARD filing fees
for state-registered advisers.
3 FINRA letter dated November 12, 2010 available
at http://www.sec.gov/rules/other/2010/
finraletter111210-iardfees.pdf.
4 The revised fee level for advisers in the largest
category would newly include advisers that report
assets under management of exactly $100 million
(not just over $100 million). We are making this
revision to track the new mid-sized adviser category
for advisers reporting assets under management of
$25 million up to, but not including, $100 million.
See section 410 of the Dodd-Frank Wall Street
Reform and Consumer Protection Act (Pub. L. 111–
203, 124 Stat. 1376 (2010)).
2 The

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