Privacy Act of 1974; Systems of Records

CourtNuclear Regulatory Commission
Citation86 FR 61331
Published date05 November 2021
Record Number2021-24283
61331
Federal Register / Vol. 86, No. 212 / Friday, November 5, 2021 / Notices
SUMMARY
: The National Science
Foundation (NSF) is required to publish
notice of permits issued under the
Antarctic Conservation Act of 1978.
This is the required notice.
FOR FURTHER INFORMATION CONTACT
:
Polly Penhale, ACA Permit Officer,
Office of Polar Programs, National
Science Foundation, 2415 Eisenhower
Avenue, Alexandria, VA 22314; 703–
292–8030; email: ACApermits@nsf.gov.
SUPPLEMENTARY INFORMATION
: On
September 30, 2021, the National
Science Foundation published a notice
in the Federal Register of permit
applications received. The permits were
issued on November 2, 2021, to:
Permit No.
1. John Durban, Ph.D ........... 2022–010
2. John Durban, Ph.D ........... 2022–011
Erika N. Davis,
Program Specialist, Office of Polar Programs.
[FR Doc. 2021–24277 Filed 11–4–21; 8:45 am]
BILLING CODE 7555–01–P
NATIONAL TRANSPORTATION
SAFETY BOARD
SES Performance Review Board
AGENCY
: National Transportation Safety
Board.
ACTION
: Notice.
SUMMARY
: Notice is hereby given of the
appointment of members of the National
Transportation Safety Board,
Performance Review Board (PRB).
FOR FURTHER INFORMATION CONTACT
:
Emily T. Carroll, Chief, Human
Resources Division, Office of
Administration, National Transportation
Safety Board, 490 L’Enfant Plaza SW,
Washington, DC 20594–0001, (202) 314–
6233.
SUPPLEMENTARY INFORMATION
: Section
4314(c)(1) through (5) of Title 5, United
States Code requires each agency to
establish, in accordance with
regulations prescribed by the Office of
Personnel Management, one or more
SES Performance Review Boards (PRB).
The board reviews and evaluates the
initial appraisal of a senior executive’s
performance by the supervisor and
considers recommendations to the
appointing authority regarding the
performance of the senior executive.
The following have been designated
as members of the 2021 Performance
Review Board of the National
Transportation Safety Board (NTSB):
Ms. Dolline Hatchett, Director, Office of
Safety Recommendations and
Communications, National Transportation
Safety Board, PRB Chair
Mr. Robert Molloy, Director, Office of
Highway Safety, National Transportation
Safety Board
Mr. Timothy LeBaron, Acting Director, Office
of Aviation Safety, National Transportation
Safety Board
Mr. Jerold Gidner, Director, Bureau of Trust
Funds Administration, U.S. Department of
Interior
Ms. Katherine Herrera, Deputy Technical
Director, Defense Nuclear Facilities Safety
Board
Mr. James Ritter, Director, Office of Research
and Engineering, National Transportation
Safety Board (alternate)
Dated: November 2, 2021.
Candi R. Bing,
Federal Register Liaison.
[FR Doc. 2021–24292 Filed 11–4–21; 8:45 am]
BILLING CODE P
NUCLEAR REGULATORY
COMMISSION
[NRC–2021–0186]
Privacy Act of 1974; Systems of
Records
AGENCY
: Nuclear Regulatory
Commission.
ACTION
: Notice of new system of records.
SUMMARY
: Pursuant to the Privacy Act of
1974 and Office of Management and
Budget (OMB) Circular No. A–108,
notice is hereby given that the U.S.
Nuclear Regulatory Commission (NRC)
proposes to develop a new system of
records notice titled, ‘‘Health
Emergency Records,’’ NRC 46. NRC
proposes to establish this system of
records to protect the NRC’s workforce
and respond to the Coronavirus Disease
2019 (COVID–19), a declared public
health emergency, and other high
consequence public health threats.
DATES
: Submit comments on this new
system of records by December 6, 2021.
Comments received after this date will
be considered if it is practical to do so,
but the Commission is able to ensure
consideration only for comments
received before this date. This proposed
action will be effective on the day
following the end of the comment
period unless comments are received
which result in a contrary
determination.
ADDRESSES
: You may submit comments
by any of the following methods;
however, the NRC encourages electronic
comment submission through the
Federal Rulemaking website:
Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2021–0186. Address
questions about Docket IDs in
Regulations.gov to Stacy Schumann;
telephone: 301–415–0624; email:
Stacy.Schumann@nrc.gov. For technical
questions, contact the individual listed
in the
FOR FURTHER INFORMATION
CONTACT
section of this document.
Mail comments to: Office of
Administration, Mail Stop: TWFN–7–
A60M, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, ATTN: Program Management,
Announcements and Editing Staff.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION
section of
this document.
FOR FURTHER INFORMATION CONTACT
:
Sally Hardy, Office of the Chief
Information Officer, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, telephone: 301–415–
5607; email: Sally.Hardy@nrc.gov.
SUPPLEMENTARY INFORMATION
:
I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2021–
0186 when contacting the NRC about
the availability of information for this
action. You may obtain publicly
available information related to this
action by any of the following methods:
Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2021–0186.
NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publicly
available documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search select,
‘‘Begin Web-based ADAMS Search.’’ For
problems with ADAMS, please contact
the NRC’s Public Document Room (PDR)
reference staff at 1–800–397–4209, 301–
415–4737, or by email pdr.resource@
nrc.gov.
Attention: The PDR, where you may
examine and order copies of public
documents, is currently closed. You
may submit your request to the PDR via
email at pdr.resource@nrc.gov or call 1–
800–397–4209 or 301–415–4737,
between 8:00 a.m. and 4:00 p.m. (ET),
Monday through Friday, except Federal
holidays.
B. Submitting Comments
The NRC encourages electronic
comment submission through the
Federal Rulemaking website (https://
www.regulations.gov). Please include
Docket ID NRC–2021–0186 in the
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Federal Register / Vol. 86, No. 212 / Friday, November 5, 2021 / Notices
subject line of your comment
submission.
The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC will post all comment
submissions at https://
www.regulations.gov as well as enter the
comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment into ADAMS.
II. Background
Pursuant to the Privacy Act of 1974
and OMB Circular No. A–108, ‘‘Federal
Agency Responsibilities for Review,
Reporting, and Publication under the
Privacy Act,’’ notice is hereby given that
the NRC proposes to establish this
system of records notice.
The proposed new system requires an
advance period for public comment.
A report on this new system has been
sent to OMB, the Committee on
Homeland Security and Governmental
Affairs of U.S. Senate, and the
Committee on Oversight and Reform of
the U.S. House of Representatives, as
required by the Privacy Act.
If changes are made based on the
NRC’s review of comments received, the
NRC will publish a subsequent notice.
SUPPLEMENTARY INFORMATION
: The text of
the report is attached.
Dated: November 2, 2021.
For the Nuclear Regulatory Commission.
Scott C. Flanders,
Senior Agency Official for Privacy, Office of
the Chief Information Officer.
Attachment—Nuclear Regulatory
Commission Privacy Act Systems of
Records
NRC Systems of Records
46. Health Emergency Records—NRC
This system of record is maintained
by the NRC and contains personal
information about individuals from
which information is retrieved by an
individual’s name or identifier.
The notice for this system of records
states the name and location of the
record system, the authority for and
manner of its operation, the categories
of individuals that it covers, the types
of records that it contains, the sources
of information in those records, and the
routine uses. This notice also includes
the business address of the NRC official
who will inform interested persons of
the procedures whereby they may gain
access to and request amendment of
records pertaining to them.
The Privacy Act provides certain
safeguards for an individual against an
invasion of personal privacy by
requiring Federal agencies to protect
records contained in an agency system
of records from unauthorized disclosure
and to ensure that information is current
and accurate for its intended use and
that adequate safeguards are provided to
prevent misuse of such information.
SYSTEM NAME AND NUMBER
:
Health Emergency Records—NRC 46.
SECURITY CLASSIFICATION
:
Unclassified.
SYSTEM LOCATION
:
Headquarters, 11555 Rockville Pike,
Rockville, Maryland. Records may be
maintained at all locations at which the
NRC, or contractors on behalf of the
NRC, operate or at which NRC
operations are supported.
SYSTEM MANAGER
(
S
):
Chief Human Capital Officer, Office of
the Chief Human Capital Officer, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM
:
Workforce safety Federal
requirements, including the
Occupational Safety and Health Act of
1970; Executive Order 12196,
‘‘Occupational safety and health
programs for Federal employees;’’ 5
U.S.C. 7902, ‘‘Safety programs;’’ Federal
laws related to a specific public health
emergency or high-consequence public
health threats, including, Executive
Order 13991, ‘‘Protecting the Federal
Workforce and Requiring Mask-
Wearing,’’ Executive Order 13994,
‘‘Ensuring a Data-Driven Response to
COVID–19 and Future High-
Consequence Public Health Threats,’’
Executive Order 14042, ‘‘Ensuring
Adequate COVID Safety Protocols for
Federal Contractors,’’ and Executive
Order 14043, ‘‘Requiring Coronavirus
Disease 2019 Vaccination for Federal
Employees,’’ Federal laws that authorize
the NRC to create and maintain Federal
records of agency activities, including
44 U.S.C. 3101; the Religious Freedom
Restoration Act of 1933, 42 U.S.C.
Chapter 21B; Title VII of the Civil Rights
Act of 1964, as amended, 42 U.S.C.
2000e; and the Rehabilitation Act of
1973, as amended, 29 U.S.C. 701 et seq.
PURPOSE
(
S
)
OF THE SYSTEM
:
This system is to maintain records
necessary and relevant to NRC activities
responding to and mitigating high-
consequence public health threats,
including, but not limited to: COVID–19
or diseases and illnesses relating to a
public health emergency, pandemic, or
other high-consequence public health
threat. The President’s September 9,
2021, Executive Order 14043, requires
all Federal workers to be vaccinated,
except in limited circumstances as
required by law. Accordingly, this this
system of records is also designed to
collect records related to vaccination
status, including requests for an
exception to the vaccination
requirement. Such records may include,
but are not limited to, those records
needed to understand the impact of an
illness or disease on the NRC workforce,
to assist the NRC in protecting its
workforce from a declared public health
emergency, pandemic, or other high-
consequence public health threat, as
well as those records submitted by NRC
personnel, or the lawful representative
of such personnel, requesting an
exception to the vaccination
requirement contained in Executive
Order 14043, or other applicable law.
Among other things, the NRC may use
the information collected to facilitate
the provision of vaccines to NRC
personnel, including employees,
interns, and contractors; to inform
individuals who may have been in
proximity of a person possibly infected
with a disease, illness, or other high-
consequence public health threat at or
on buildings, grounds, and properties
that are owned, leased, or used by the
NRC; to confirm which personnel have
received vaccinations to prevent such
disease or illness to spread throughout
the NRC’s workforce; to consider
requests for an exception to the COVID–
19 vaccination requirement; to respond
to inquiries regarding such vaccinations
for purposes related to official agency
travel, access to licensee facilities, NRC
site access, or implementation/lifting of
access restrictions; or to determine and
report the aggregate number of
vaccinated NRC staff, or the number of
staff that received a legal exception to
the vaccine requirement.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM
:
NRC’s personnel, including
employees, interns, and contractors.
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Federal Register / Vol. 86, No. 212 / Friday, November 5, 2021 / Notices
CATEGORIES OF RECORDS IN THE SYSTEM
:
Records maintained in this system
may include:
A. Full name, NRC employee ID
number; telephone number, worksite,
email address, supervisor’s name,
address and contact information and/or
the contractor’s supervisor/contracting
officer representative name, address and
contact information.
B. Date(s) and circumstances of the
individual’s suspected or actual
exposure to disease or illness including
symptoms, as well as locations within
the NRC workplace where the
individual may have contracted or been
exposed to the disease or illness.
C. Other information of the individual
directly related to the disease or illness
(e.g., testing results/information,
symptoms, treatments, and source of
exposure).
D. Appointment scheduling
information, including the date, time,
and location of a scheduled
appointment.
E. Medical screening information,
including the individual’s name, date of
birth, age, category of employment,
current medical status, vaccination
history, and any relevant medical
history.
F. Vaccination records, including the
date, type, and dose of vaccine
administered to the individual.
G. Requests for an exception to the
COVID–19 vaccination requirement,
including, but not limited to, the
employee’s name and relevant
information related to the request.
RECORD SOURCE CATEGORIES
:
Records may be obtained from NRC
personnel, including employees,
contractors, and interns, who may
provide relevant information on a
suspected or confirmed disease or
illness, or the prevention of such
disease or illness, which is the subject
of a declared public health emergency,
or information related to a request for an
exception from the COVID–19
vaccination requirement. Information
may also be sourced from personnel at
medical facilities, or from existing
systems of records, including but not
limited to NRC–43, ‘‘Employee Health
Center Records,’’ (84 FR 71536;
December 27, 2019) or OPM/GOVT–10,
‘‘Employee Medical File System
Records,’’ (75 FR 35099; June 21, 2010),
and modified on November 30, 2015 (80
FR 74815).
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM
,
INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES
:
In addition to the disclosures
permitted under subsection (b) of the
Privacy Act, the NRC may disclose
information contained in this system of
records without the consent of the
persons or entities mentioned herein if
the disclosure is compatible with the
purpose for which the record was
collected under the following routine
uses:
A. To appropriate medical facilities,
or Federal, State, local, Tribal, territorial
or foreign government agencies, to the
extent permitted by law, for the purpose
of protecting the vital interests of
individual(s), including to assist the
United States Government in
responding to or mitigating high-
consequence public health threats, or
diseases and illnesses relating to a
public health emergency.
B. To determine eligibility for access
to NRC buildings, NRC licensee
facilities or sites, or other Federal
facilities.
C. To provide licensees information
needed for unescorted access or access
to the licensee’s facility(s).
D. Where a record, either alone or in
conjunction with other information,
indicates a violation or potential
violation of law—criminal, civil, or
regulatory in nature—the relevant
records may be referred to the
appropriate Federal, State, local,
territorial, Tribal, or foreign law
enforcement authority or other
appropriate entity charged with the
responsibility for investigating or
prosecuting such violation or charged
with enforcing or implementing such
law.
E. In an appropriate proceeding before
a court, grand jury, or administrative or
adjudicative body, when the NRC
determines that the records are arguably
relevant to its proceeding; or in an
appropriate proceeding before an
administrative or adjudicative body
when the adjudicator determines the
records to be relevant to the proceeding.
F. To contractors, grantees, experts,
consultants, students, and others
performing or working on a contract,
service, grant, cooperative agreement, or
other assignment for the Federal
Government, when necessary to
accomplish an NRC function related to
this system of records.
G. A record on an employee or
contractor from this system of records
may be disclosed as a routine use to a
Federal, State, local, territorial, Tribal,
or foreign agency requesting a record
that is relevant and necessary to its
decision on a matter of hiring or
retaining an employee, issuing a
security clearance, reporting an
investigation of that individual, letting a
contract, or issuing a license, grant, or
other benefit.
H. A record on an employee or
contractor from this system of records
may be disclosed as a routine use to a
Congressional office in response to an
inquiry from the Congressional office
made at the request of that individual.
I. To the National Archives and
Records Administration for purposes of
records management inspections
conducted under the authority of 44
U.S.C. 2904 and 2906.
J. To appropriate agencies, entities,
and persons when (1) the NRC suspects
or has confirmed that there has been a
breach of the system of records. (2) the
NRC has determined that as a result of
the suspected or confirmed breach there
is a risk of harm to an individual(s), the
NRC (including its information systems,
programs, and operations), the Federal
Government, or national security; and
(3) the disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with the NRC’s efforts to
respond to the suspected or confirmed
breach or to prevent, minimize, or
remedy such harm.
K. To another Federal agency or
Federal entity, when the NRC
determines that information from this
system of records is necessary to assist
the recipient agency or entity in (1)
responding to a suspected or confirmed
breach, or (2) preventing, minimizing, or
remedying the risk of harm to
individuals, the recipient agency or
entity (including its information
systems, programs, and operations), the
Federal Government, or national
security, resulting from a suspected or
confirmed breach.
L. To any agency, organization, or
individual for the purpose of performing
authorized audit or oversight operations
of the NRC and meeting related
reporting requirements.
M. To such recipients and under such
circumstances and procedures as are
mandated by Federal statute or treaty.
N. A record from this system of
records may be disclosed as a routine
use to NRC-paid experts or consultants,
and those under contract with the NRC
on a ‘‘need-to-know’’ basis for purpose
within the scope of the pertinent NRC
task. This access will be granted to an
NRC contractor or employee of such
contractor by a system manager only
after satisfactory justification has been
provided to the system manager.
O. To a Federal agency employee,
expert, consultant, or contractor in
performing a Federal duty for purposes
of authorizing, arranging, and/or
claiming reimbursement for official
travel, including, but not limited to,
traveler profile information.
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Federal Register / Vol. 86, No. 212 / Friday, November 5, 2021 / Notices
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS
:
All records in this system of records
are maintained and in compliance with
applicable executive orders, statutes,
and agency implementing
recommendations. Electronic records
are stored in databases and/or on hard
disks, removable storage devices, or
other electronic media. Paper records
are maintained in a secure, access
controlled room, with access limited to
authorized personnel.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS
:
Records will be retrieved by any of
the categories of records, including
name, location, date of vaccination, or
work status.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS
:
To the extent applicable, to ensure
compliance with Americans with
Disabilities Act, the Rehabilitation Act,
and the Genetic Information
Nondiscrimination Act of 2008, medical
information must be ‘‘maintained on
separate forms and in separate medical
files and be treated as a confidential
medical record.’’ 42 U.S.C.
12112(d)(3)(B); 42 U.S.C. sec 2000ff–
5(a); 29 CFR 1630.14(b)(1),
(c)(1),(d)(4)(i); and 29 CFR 1635.9(a).
This means that medical information
and documents must be stored
separately from other personnel records.
As such, the NRC must keep medical
records for at least 1 year from creation
date. 29 CFR 1602.14. Further, records
compiled under this system of record
notices will be maintained in
accordance with the National Archives
and Records Administration General
Records Schedule 2.7 Employee Health
and Safety Records, Items 010, 070, or
080 to the extent applicable.
GRS 2.7 item 010 (DAA–GRS–2017–
0010–0001)—Clinic scheduling records.
Temporary. Destroy when 3 years old,
but longer retention is authorized if
needed for business use.
GRS 2.7 item 070 (DAA–GRS–2017–
0010–0012)—Non-occupational
individual case files. Temporary.
Destroy 10 years after the most recent
encounter, but longer retention is
authorized if needed for business use.
GRS 2.7 item 080 (DAA–GRS–2017–
0010–0013)—Non-occupational health
and wellness program records.
Temporary. Destroy 3 years after the
project/activity/or transaction is
completed or superseded, but longer
retention is authorized if needed for
business use.
ADMINISTRATIVE
,
TECHNICAL
,
AND PHYSICAL
SAFEGUARDS
:
The NRC safeguards records in this
system according to applicable rules
and polices, including all applicable
NRC automated systems security and
access policies. The NRC has imposed
controls to minimize the risk of
compromising the information that is
being stored. Users of individual
computers can only gain access to the
data by valid user identification and
password. Paper records are maintained
in a secure, access- controlled room,
with access limited to authorized
personnel.
RECORDS ACCESS PROCEDURES
:
Same as ‘‘Notification procedures.’’
CONTESTING RECORD PROCEDURES
:
Same as ‘‘Notification procedures.’’
NOTIFICATION PROCEDURES
:
Individuals seeking to determine
whether this system of records contains
information about them should write to
the Freedom of Information Act Officer
or Privacy Act Officer, Office of the
Chief Information Officer, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, and comply with
procedures contained in NRC’s Privacy
Act regulations, 10 CFR part 9.
EXEMPTIONS CLAIMED FOR THE SYSTEM
:
None.
HISTORY
:
None.
Addendum I—List of U.S. Nuclear
Regulatory Commission Locations
Part 1—NRC Headquarters Offices
1. One White Flint North, 11555
Rockville Pike, Rockville, Maryland.
2. Two White Flint North, 11545
Rockville Pike, Rockville, Maryland.
Part 2—NRC Regional Offices
1. NRC Region I, 2100 Renaissance
Boulevard, Suite 100, King of Prussia,
Pennsylvania.
2. NRC Region II, Marquis One Tower,
245 Peachtree Center Avenue NE, Suite
1200, Atlanta, Georgia.
3. NRC Region III, 2443 Warrenville
Road, Suite 210, Lisle, Illinois.
4. NRC Region IV, 1600 East Lamar
Boulevard, Arlington, Texas.
5. NRC Technical Training Center,
Osborne Office Center, 5746 Marlin
Road, Suite 200, Chattanooga,
Tennessee.
[FR Doc. 2021–24283 Filed 11–4–21; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2021–0001]
Sunshine Act Meetings
TIME AND DATE
: Weeks of November 8,
15, 22, 29, December 6, 13, 2021.
PLACE
: Commissioners’ Conference
Room, 11555 Rockville Pike, Rockville,
Maryland.
STATUS
: Public.
MATTERS TO BE CONSIDERED
:
Week of November 8, 2021
There are no meetings scheduled for
the week of November 8, 2021.
Week of November 15, 2021—Tentative
There are no meetings scheduled for
the week of November 15, 2021.
Week of November 22, 2021—Tentative
There are no meetings scheduled for
the week of November 22, 2021.
Week of November 29, 2021—Tentative
There are no meetings scheduled for
the week of November 29, 2021.
Week of December 6, 2021—Tentative
Tuesday, December 7, 2021
10:00 a.m. Briefing on Equal
Employment Opportunity,
Affirmative Employment, and Small
Business (Public Meeting); (Contact:
Larniece McKoy Moore: 301–415–
1942)
Additional Information: Due to
COVID–19, there will be no physical
public attendance. The public is invited
to attend the Commission’s meeting live
by webcast at the Web address—https://
video.nrc.gov/.
Thursday, December 9, 2021
9:00 a.m. Briefing on 10 CFR part 53
Licensing and Regulations of
Advanced Nuclear Reactors (Public
Meeting); (Contact: Caty Nolan:
301–415–1535)
Additional Information: Due to
COVID–19, there will be no physical
public attendance.
The public is invited to attend the
Commission’s meeting live by webcast
at the Web address—https://
video.nrc.gov/.
Week of December 13, 2021—Tentative
There are no meetings scheduled for
the week of December 13, 2021.
CONTACT PERSON FOR MORE INFORMATION
:
For more information or to verify the
status of meetings, contact Wesley Held
at 301–287–3591 or via email at
Wesley.Held@nrc.gov. The schedule for
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