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5598 Federal Register / Vol. 73, No.

20 / Wednesday, January 30, 2008 / Notices

transmission and who timely filed a any controversies that come to their 2. Mattingly Testing’s senior
claim for royalties. Allocation of the attention after the close of that period. management has apparently caused
royalties collected occurs in one of two The Motion of the Phase I Claimants employees to engage in activities that
ways. In the first instance, these funds for Partial Distribution is posted on the are in violation of NRC regulations and
will be distributed through a negotiated Copyright Royalty Board Web site at Orders; and
settlement among the parties. 17 U.S.C. http://www.loc.gov/crb/proceedings/ 3. Mattingly Testing’s senior
111(d)(4)(A). If the claimants do not 2007–3/11–02–07-phase1motion.pdf. management has discouraged employees
reach an agreement with respect to the Dated: January 24, 2008. from raising safety concerns both to
royalties, the Copyright Royalty Judges James Scott Sledge, their management and to the NRC.
(‘‘Judges’’) must conduct a proceeding to Chief Copyright Royalty Judge. This information demonstrates a lack
determine the distribution of any of management control and supervision
[FR Doc. E8–1661 Filed 1–29–08; 8:45 am]
royalties that remain in controversy. 17 over licensed activities, raises questions
BILLING CODE 1410–72–P
U.S.C. 111(d)(4)(B). as to whether Mattingly Testing will
On November 2, 2007, representatives provide complete and accurate
of the Phase I claimant categories (the information to the NRC in compliance
NUCLEAR REGULATORY with 10 CFR 30.9, and whether
‘‘Phase I Parties’’) 1 filed with the Judges
COMMISSION Mattingly Testing is complying with the
a motion requesting a partial
distribution of 50% of each of the 2004 [Docket No. 030–20836; License No. 25– provisions with 10 CFR 19.15(b).
and 2005 cable royalty funds. Under 21479–01; EA–07–303] Therefore, further information is needed
section 801(b)(3)(C) of the Copyright to determine whether the Commission
Act, the Judges must publish a notice in In the Matter of Mattingly Testing can have reasonable assurance that
Services, Inc., Molt, MT; Demand for Mattingly Testing will comply with the
the Federal Register seeking responses
Information Commission’s requirements, ensure a
to the motion for partial distribution to
ascertain whether any controversy exists I healthy work environment, provide
over the requested funds before ruling complete and accurate information to
Mattingly Testing Services, Inc., the Commission and otherwise conduct
on the motion. Consequently, by today’s (Mattingly Testing) is the holder of
Notice, the Judges seek comments on its activities in accordance with the
Materials License No. 25–21479–01 Commission’s requirements.
whether any controversy exists that issued by the Nuclear Regulatory
would preclude the distribution of 50% Accordingly, pursuant to sections
Commission (NRC or Commission) 161c, 161o, 182 and 186 of the Atomic
of the 2004 and/or 2005 cable royalty pursuant to 10 CFR Part 30 and 10 CFR
funds to the Phase I Parties. Energy Act of 1954, as amended, and
Part 34. The license, initially issued on
The Judges also seek comment on the the Commission’s regulations in 10 CFR
December 2, 1983, authorizes Mattingly
existence and extent of any 2.204, and 10 CFR 30.9, and 10 CFR
Testing to possess radioactive sealed
controversies to the 2004 and 2005 cable 30.32(b), in order for the Commission to
sources for use in industrial radiography
royalty funds, either at Phase I or Phase determine whether your license should
in Molt, Montana, and at temporary job
II, with respect to the 50% of those be modified, suspended or revoked, or
sites anywhere in the United States
funds that would remain if the partial other enforcement action taken to
where the NRC maintains jurisdiction
distribution is granted. In Phase I of a ensure compliance with NRC regulatory
for regulating licensed material,
cable royalty distribution, royalties are requirements, Mattingly Testing is
including areas of exclusive Federal
distributed to certain categories of required to submit the following
jurisdiction within Agreement States.
broadcast programming that have been information in writing to the Director,
The license was last renewed in its
retransmitted by cable systems. The Office of Enforcement, U.S. Nuclear
entirety on February 22, 2006, and is
categories have traditionally been Regulatory Commission, Washington,
due to expire on February 28, 2016.
movies and syndicated television series, DC 20555–0001, within 20 days of the
sports programming, commercial and II date of this Demand for Information. If
noncommercial broadcaster-owned On November 7, 2007, during an security-related information is necessary
programming, religious programming, inspection of Mattingly Testing’s to provide an acceptable response, you
music, public radio programming, and radiographic operations at a temporary must mark your entire response
Canadian programming. In Phase II of a job site, several apparent violations of ‘‘Proprietary Information in accordance
cable royalty distribution, royalties are NRC regulations were identified. In with 10 CFR 2.390(d)(1)’’ and follow the
distributed to claimants within each of addition, during a follow-up inspection instructions for withholding in 10 CFR
the Phase I categories. Any party and investigation during the week of 2.390(b)(1). In accordance with 10 CFR
submitting comments on the existence November 12, 2007, the NRC inspector 2.390(b)(1)(ii), the NRC is waiving the
of a Phase II controversy must identify and investigator were informed that affidavit requirements for your
the category or categories in which there senior management of Mattingly Testing response.
is a dispute and the extent of the discouraged employees from speaking 1. Provide the information requested
controversy or controversies. with NRC inspectors and investigators. in the non-publicly available Appendix
The Judges must be advised of the The NRC is concerned that an to this Demand for Information.
existence and extent of all Phase I and environment exists within Mattingly 2. Describe the actions it has taken
Phase II controversies by the end of the Testing’s workplace that could inhibit and plans to take to provide reasonable
comment period. It will not consider employees from raising safety concerns assurance that its organization
to the NRC. The NRC inspections and establishes and maintains an
mstockstill on PROD1PC66 with NOTICES

1 The ‘‘Phase I Parties’’ are the Program Suppliers, investigation, which are still ongoing, appropriate safety conscious work
Joint Sports Claimants, Public Television have indicated that: environment1 where employees are free
Claimants, the National Association of 1. Mattingly Testing’s control of
Broadcasters, the American Society of Composers, 1 NRC defines Safety Conscious Work

Authors and Publishers, Broadcast Music, Inc.,


licensed material at temporary job sites Environment as a work environment in which
SESAC, Inc., Canadian Claimants, National Public is not in compliance with NRC employees are encouraged to raise safety concerns,
Radio, and the Devotional Claimants. requirements; are free to raise concerns both to their own

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Federal Register / Vol. 73, No. 20 / Wednesday, January 30, 2008 / Notices 5599

to raise safety concerns to the NRC and Revisions to Appendix C of


ACTION: Appendix C
to Mattingly Testing’s senior OMB Circular A–94.
management without fear of retaliation. (Revised January 2008)
In addition, describe the actions it has SUMMARY: The Office of Management Discount Rates for Cost-Effectiveness,
taken and plans to take to ensure its and Budget revised Circular A–94 in Lease Purchase, and Related Analyses
employees understand the provisions of 1992. The revised Circular specified
10 CFR 19.15, 10 CFR 30.7, and 10 CFR certain discount rates to be updated Effective Dates. This appendix is
30.9. annually when the interest rate and updated annually around the time of the
Copies of this information shall also President’s budget submission to
inflation assumptions used to prepare
be sent to the Assistant General Counsel Congress. This version of the appendix
for Materials Litigation and Enforcement the budget of the United States
government were changed. These is valid for calendar year 2008. A copy
at the same address above, and to the of the updated appendix can be
Regional Administrator, NRC Region IV, discount rates are found in Appendix C
of the revised Circular. The updated obtained in electronic form through the
611 Ryan Plaza Drive, Suite 400, OMB home page at http://
Arlington, Texas 76011–4005. discount rates are shown below. The
discount rates in Appendix C are to be www.whitehouse.gov/omb/circulars/
After reviewing your response, the
NRC will determine whether further used for cost-effectiveness analysis, a094/a94lappx-c.html, the text of the
action is necessary to ensure including lease-purchase analysis, as main body of the Circular is found at
compliance with regulatory specified in the revised Circular. They http://www.whitehouse.gov/omb/
requirements. do not apply to regulatory analysis. circulars/a094/a094.html, and a table of
past years’ rates is located at http://
For the Nuclear Regulatory Commission. DATES: The revised discount rates are www.whitehouse.gov/omb/circulars/
Dated this 23rd day of January, 2008. effective immediately and will be in a094/DISCHIST-2008.pdf. Updates of
Cynthia A. Carpenter, effect through December 2008. the appendix are also available upon
Director, Office of Enforcement. request from OMB’s Office of Economic
FOR FURTHER INFORMATION CONTACT:
[FR Doc. E8–1645 Filed 1–29–08; 8:45 am] Policy (202–395–3381).
Robert B. Anderson, Office of Economic
BILLING CODE 7590–01–P
Policy, Office of Management and Nominal Discount Rates. A forecast of
Budget, (202) 395–3381. nominal or market interest rates for
OFFICE OF MANAGEMENT AND 2008 based on the economic
John H. Kitchen,
BUDGET assumptions for the 2009 Budget are
Associate Director for Economic Policy, Office presented below. These nominal rates
of Management and Budget.
Discount Rates for Cost-Effectiveness are to be used for discounting nominal
Analysis of Federal Programs Attachment. flows, which are often encountered in
lease-purchase analysis.
AGENCY: Office of Management and
Budget.

NOMINAL INTEREST RATES ON TREASURY NOTES AND BONDS OF SPECIFIED MATURITIES


[In percent]

3-Year 5-Year 7-Year 10-Year 20-Year 30-Year

4.1 4.3 4.4 4.6 4.9 4.9

Real Discount Rates. A forecast of real on the economic assumptions from the constant-dollar flows, as is often
interest rates from which the inflation 2009 Budget is presented below. These required in cost-effectiveness analysis.
premium has been removed and based real rates are to be used for discounting

REAL INTEREST RATES ON TREASURY NOTES AND BONDS OF SPECIFIED MATURITIES


[In percent]

3-Year 5-Year 7-Year 10-Year 20-Year 30-Year

2.1 2.3 2.4 2.6 2.8 2.8


mstockstill on PROD1PC66 with NOTICES

management and to the NRC without fear of issued a Policy Statement, ‘‘Freedom of Employees Issue Summary 2005–18, ‘‘Guidance for
retaliation, where concerns are promptly reviewed, in the Nuclear Industry to Raise Safety Concerns Establishing and Maintaining a Safety Conscious
given the proper priority, and appropriately Without Fear of Retaliation’’ on May 14, 1996 [61 Work Environment’’ on August 25, 2005.
resolved and timely feedback is provided. The NRC FR 24336] and additional guidelines in Regulatory

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