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Federal Register / Vol. 71, No.

37 / Friday, February 24, 2006 / Notices 9609

FEDERAL MINE SAFETY AND HEALTH National Security Council, housed at the PROFS system during the Clinton
REVIEW COMMISSION National Archives at College Park, Administration and by whom; and
Maryland, as appropriate for disposal 3. That NARA describe the appraisal
Sunshine Act Meeting under the provisions of 44 U.S.C. that staff conducted to determine
2203(f)(3). This notice describes the whether the material was appropriate
February 15, 2006.
Presidential record information on these for disposition, including whatever
TIME AND DATE: 10 a.m., Thursday, backup tapes and our reasons for comparisons were made of the data
February 23, 2006. determining that these backup tapes subject to this notice with data
PLACE: The Richard V. Backley Hearing have insufficient administrative, otherwise being permanently preserved
Room, 9th Floor, 601 New Jersey historical, informational, or evidentiary at NARA.
Avenue, NW., Washington, DC. value to warrant their continued 4. Finally, one commenter also asked
STATUS: Open. preservation. This decision is made in for technical information, including the
MATTERS TO BE CONSIDERED: The light of the fact that there has been an type of tape media used, the nature of
Commission will consider and act upon extensive tape restoration project done the tape restoration project, as well as
the following in open session: Secretary on these backup tapes and the recovered the contents of any inventories of the
of Labor v. Plateau Mining Corp., Docket record information is being maintained tapes.
Nos. WEST 2002–207 and WEST 2002– by NARA in a separate set of permanent
tapes. NARA Response
278. (Issues include whether the judge
correctly determined that Plateau’s DATES: Effective Date: The disposal will In response to the questions that were
bleeder system was not functioning in occur on or after April 25, 2006. raised, NARA wishes to clarify that:
accordance with the requirements of 30 FOR FURTHER INFORMATION CONTACT: 1. Clarification on disposal notice:
CFR 75.334(b)(1); that Plateau’s alleged Assistant Archivist for Presidential NARA proposes only the disposition
violation of section 75.334(b)(1) was of Libraries Sharon K. Fawcett, National of Clinton Presidential electronic
a significant and substantial nature; that Archives and Records Administration, records on 9,193 class 3480 magnetic
Plateau violated 30 CFR 75.370(a) Suite 2200, 8601 Adelphi Road, College tape cartridges, containing backup
because its ventilation plan did not Park, Maryland 20740–6001; tel. 301– formatted records of calendars, call logs,
include a breached undercast; and that 837–3250, or by fax to 301–837–3199; or notes and documents created using IBM
an operator may be held to have by e-mail to sharon.fawcett@nara.gov. proprietary Professional/Office Vision
violated section 75.334(b)(1) even if it SUPPLEMENTARY INFORMATION: NARA software (PROFS). This series includes
has complied with the terms of its published a ‘‘Presidential Records Act calendars and call logs from January 20,
ventilation plan.) notice of proposed disposal of Clinton 1993 through January 2001 created by a
Any persons attending this meeting Administration PROFS backup tapes limited number of NSC staff persons
who requires special accessibility containing redundant information’’ on who had access to the PROFS software.
features and/or auxiliary aids, such as May 3, 2005, in the Federal Register (70 Further, this series includes notes and
sign language interpreters, must inform FR 22926) for a 45 day comment period. documents from January 20, 1993
the Commission in advance of those NARA received four written comments through June 30, 1993 created by those
needs, subject to 29 CFR 2706.150(a)(3) from representatives of the Maryland NSC staff members who had access to
and § 2706.160(d). State Archives, The Information Trust, and used the PROFS software.
CONTACT PERSON FOR MORE INFO: Jean Public Citizen Litigation Group, and the The PROFS system was not the
Ellen, (202) 434–9950 / (202) 708–9300 National Security Archive. In addition, primary email application available to
for TDD Relay / 1–800–877–8339 for toll NARA staff met with representatives of NSC staff during the Clinton
free. the latter three organizations on May 25, administration. Most staff used the NSC
2005, to discuss the FR notice. The Classified Email System known as ‘‘A–
Jean H. Ellen, 1’’ or ‘‘All-in-One,’’ later migrated to
following is a summary of the comments
Chief Docket Clerk. Microsoft Mail and Microsoft Schedule.
and NARA’s response.
[FR Doc. 06–1782 Filed 2–22–06; 11:18 am] NARA retains official record copies in
BILLING CODE 6735–01–M Summary of Comments electronic form of an estimated 2–3
Three of the commenters found the million classified e-mails from the A–1
original notice confusing as to what and Microsoft Mail system. The body of
NATIONAL ARCHIVES AND RECORDS materials are being proposed for e-mail and backup tapes that correspond
ADMINISTRATION disposition, and asked that NARA more to this separate email system are being
precisely clarify the scope of the maintained by NARA and are not
Office of Presidential Libraries; proposed disposition action in a further affected by the proposed notice.
Proposed Disposal of Clinton notice. In particular, these commenters NARA proposes this disposal because
Administration asked for confirmation of the following NARA continues to maintain 45 tapes
in the second notice: created through an extensive NSC Tape
Electronic Backup Tapes Restoration Project (TRP) undertaken as
1. Clarification that the notice for
AGENCY: National Archives and Records disposal applies only to PROFS back up a result of the Armstrong litigation.
Administration (NARA). tapes maintained by the National These tapes include all PROFS notes
ACTION: Presidential Records Act notice Security Council (NSC), and that and documents created between January
of proposed disposal of Clinton another series of Clinton Administration 20, 1993 and June 30, 1993, as well as
Administration PROFS backup tapes; NSC e-mail, the main system used all PROFS calendar and call log
final agency action. during the Clinton Administration for information for the period of time
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archiving Clinton NSC emails, as well as between January 20, 1993 and March 28,
SUMMARY: The National Archives and the email backups for this system will 1994. Further, the TRP also restored
Records Administration (NARA) has continue to be preserved; PROFS calendar and call log
identified an obsolete series of Clinton 2. NARA specify at greater length information for all PROFS calendar
PROFS backup tapes maintained by the what applications were used on the users through calendar year 1995.

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9610 Federal Register / Vol. 71, No. 37 / Friday, February 24, 2006 / Notices

NARA is also retaining what was archivists. This appraisal was data captured on the end of
described in the first FR notice as an completed in accordance with NARA’s Administration ‘‘snapshot.’’ Therefore,
electronic ‘‘snapshot’’ of PROFS guidance for the disposal of Presidential there was no indication based on
calendar data and call logs Records, NARA Directive 1461. The NARA’s review that calendar or call log
corresponding to the records of five purpose of the appraisal was to establish entries had been modified or deleted by
high-level NSC officials, namely: the redundancy of the information on individual NSC staff members after the
Anthony Lake, National Security the backup tapes being proposed for initial time of their entry. This
Advisor; Samuel Berger, Deputy and disposal and to confirm that record ‘‘snapshot’’ data is being preserved in a
later National Security Advisor; Nancy information on the backup tapes was separate series.
Soderberg, Staff Director and later captured and preserved in a separate Finally, NARA archivists sampled
Deputy National Security Advisor; series of permanent tapes. This individual accounts on the PROFS
Donald Kerrick, Deputy National appraisal included a careful review of backups looking for data that would not
Security Advisor; and James Steinberg, the contents of the PROFS backup tapes have been restored as part of the
Deputy National Security Advisor. This subject to this disposition notice and a Armstrong TRP process. NARA staff,
snapshot consists of cumulative comparison of information residing on working with WHCA staff, examined
calendar and call log entries (in a logical the backup tapes against what was file extensions to backup files looking
file format that can be read), restored in the TRP process. Further, for additional user created files that
corresponding to the entire eight year staff compared the content of the back would not have been captured during
span of the Clinton Administration. An up tapes with the above-described end the TRP process. Only one user-created
analysis made by NARA staff of the of Administration ‘‘snapshot.’’ file was found that based on its file
restored calendars and call logs NARA archivists found in doing this extension was determined not to have
indicates that the overwhelming appraisal that, as a result of the been subject to the TRP. This consisted
majority of such data (approximately cumulative backup process, the PROFS of a tickler file reminder, dated May
94%) represents entries by three users, backup tapes contain multiple copies of 1993 for a clerical staff member, of a
namely: Anthony Lake, Samuel Berger, all records created on the PROFS purely routine and administrative
and Nancy Soderberg. system. In addition, NARA archivists nature. (The reminder is still being
Additionally, NARA will permanently confirmed, in an analysis of the restored retained on the cumulative backup
retain multiple preservation copies of TRP data, that 1,869 PROFS notes and tape.) Archivists found no evidence of
the January 19, 2001 backup tape 128 PROFS documents, all created prior user-generated content on the PROFS
created by WHCA, containing to June 30, 1993, solely consist of system after June 30, 1993, when PROFS
cumulative calendar data from all requests for password changes, the applications were disabled except for
PROFS calendar users during the entire setting up of new accounts, and other calendar and call log data.
span of the Clinton Administration. systems-related questions posed by NSC Given this extensive appraisal, NARA
Finally, the original, unrestored set of staff. Notwithstanding the routine, was able to determine that these records
Clinton PROFS backup tape cartridges administrative nature of this data, all of no longer retain sufficient
remain in an unacceptable format for it is being preserved, in a separate administrative, historical, informational,
continued NARA preservation and series, as the product of the Armstrong or evidentiary value.
access purposes. TRP. 4. Additional technical information in
2. Applications used on PROFS and NARA archivists separately sampled response to comments received.
by whom: calendar and call log data in two Tape format. In further response to
For the period of January 20, 1993 different ways to ensure the technical questions raised by the
through June 30, 1993, the PROFS notes completeness of the data preserved for commenters, the PROFS backup tapes
and documents functions were available high-level NSC officials. First, NARA which are subject to disposition were
to staff members with accounts on the archivists sampled calendar and call log originally created on 3480 tape
system. The notes and documents data for random days in 1993 and 1994 cartridges, for the purpose of emergency
functions of PROFS were disabled on during the period of the Armstrong TRP. disaster recovery. The TRP consisted of
June 30, 1993 and hence were no longer Calendar and call log data from the a multi-stage process using a variety of
available to staff. PROFS backup tapes was compared IBM proprietary software designed to
In addition, during the entire Clinton with the restored series of tapes recover user created data from the
Administration, the PROFS system was resulting from the Armstrong TRP. backup tapes. The output of the TRP
available to a small number of staff Based on a review of the restored and the end of Administration snapshot
members to use the calendar and call calendars of Lake, Berger, Soderberg, tape is structured in a NARA-approved
log functions. Throughout the and others who were staff members in EBCDIC format. Because the
Administration the calendar and call log the early Clinton Administration, NARA preservation copies of the January 19,
functions were used, primarily, by the archivists confirmed that the calendar 2001 cumulative backup tape are in a
five high-level NSC officials identified and call log data on PROFS backups backup tape format, further restoration
above, namely: Anthony Lake, Samuel matched the entries on the restored would be necessary to provide for future
Berger, Nancy Soderberg, Donald media. Again, this TRP data is being access.
Kerrick, and James Steinberg. In preserved in a separate series. Documentation. NARA will retain
addition, members of NSC’s Office of Second, NARA archivists compared documentation consisting of the
the Executive Secretary and certain calendar and call log entries on the inventories of PROFS tapes transferred
other NSC staff used the calendar PROFS backups with similar entries on to NARA at the end of the Clinton
function of PROFS for the scheduling of the end of Administration ‘‘snapshot’’ Administration. The inventory of the
routine staff meetings, personal leave from January 19, 2001, for the five high- backup tapes consists of tape numbers
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and noting Federal holidays. level NSC staff members referenced in and dates; the inventory of the
3. Information on the appraisal done the previous paragraph (Lake, Berger, ‘‘snapshot’’ tape contains the list of
by NARA to reach this decision: Soderberg, Kerrick and Steinberg). individuals represented on the tape; and
Starting in 2003, a year long appraisal NARA was able to confirm that data the inventory of the TRP resulting tapes
process was undertaken by two NARA from the PROFS backup tapes matched contains tape numbers, dates, and the

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Federal Register / Vol. 71, No. 37 / Friday, February 24, 2006 / Notices 9611

type of information contained on the NUCLEAR REGULATORY will discuss proposed ACRS reports on
tape (i.e., calendar files, index files, COMMISSION matters considered during this meeting.
documents files, note files, and residual
Advisory Committee on Reactor Friday, March 10, 2006, Conference
files).
Safeguards; Meeting Notice Room T–2b3, Two White Flint North,
NARA Action Rockville, Maryland
In accordance with the purposes of 8:30 a.m.–8:35 a.m.: Opening
NARA will proceed to dispose of Sections 29 and 182b. of the Atomic
9,193 PROFS backup tapes created Remarks by the ACRS Chairman
Energy Act (42 U.S.C. 2039, 2232b), the (Open)—The ACRS Chairman will make
during the Clinton Administration by Advisory Committee on Reactor
WHCA staff as specified in the opening remarks regarding the conduct
Safeguards (ACRS) will hold a meeting of the meeting.
EFFECTIVE DATE of this notice, because on March 9–11, 2006, 11545 Rockville 8:35 a.m.–10 a.m.: Draft Final
NARA has determined that they lack Pike, Rockville, Maryland. The date of Revision 4 (DG–1128) to Regulatory
sufficient administrative, historical, this meeting was previously published Guide 1.97, ‘‘Criteria for Accident
informational, or evidentiary value. This in the Federal Register on Tuesday, Monitoring Instrumentation for Nuclear
notice constitutes NARA’s final agency November 22, 2005 (70 FR 70638). Power Plants’’ (Open)—The Committee
action pursuant to 44 U.S.C. 2203(f)(3).
Thursday, March 9, 2006, Conference will hear presentations by and hold
Dated: February 17, 2006. discussions with representatives of the
Room T–2b3, Two White Flint North,
Allen Weinstein, Rockville, Maryland NRC staff regarding the draft final
Archivist of the United States. revision 4 to Regulatory Guide 1.97.
8:30 a.m.–8:35 a.m.: Opening 10:15 a.m.–11:45 a.m.: Evaluation of
[FR Doc. E6–2641 Filed 2–23–06; 8:45 am]
Remarks by the ACRS Chairman Precursor Data to Identify Significant
BILLING CODE 7515–01–P
(Open)—The ACRS Chairman will make Operating Events (Open)—The
opening remarks regarding the conduct Committee will hear presentations by
of the meeting. and hold discussions with
8:35 a.m.–10:30 a.m.: Final Review of representatives of the NRC staff
NATIONAL SCIENCE FOUNDATION
the Clinton Early site Permit regarding the staff’s evaluation of
Astronomy and Astrophysics Advisory Application (Open)—The Committee precursor data to identify significant
Committee #13883; Notice of Meeting will hear presentations by and hold operating events.
discussions with representatives of the 1 p.m.–2 p.m.: Future ACRS
In accordance with the Federal NRC staff and Exelon Generation Activities/Report of the Planning and
Advisory Committee Act (Pub. L. 92– Company, LLC, regarding the early site Procedures Subcommittee (Open)—The
463, as amended), the National Science permit application for the Clinton site Committee will discuss the
Foundation announces the following and the associated NRC staff’s Final recommendations of the Planning and
Astronomy and Astrophysics Advisory Safety Evaluation Report. Procedures Subcommittee regarding
Committee (#13883) meeting: 10:45 a.m.–11:45 a.m.: Staff’s items proposed for consideration by the
Evaluation of the Licensees’ Responses full Committee during future meetings.
DATE AND TIME: March 10, 2006. 11 a.m.– to Generic Letter 2004–02, ‘‘Potential
6 p.m. EST. Also, it will hear a report of the
Impact of Debris Blockage on Planning and Procedures Subcommittee
PLACE: Teleconference. National Science Emergency Recirculation During Design on matters related to the conduct of
Foundation, Room 1045, Stafford I Basis Accidents at Pressurized Water ACRS business, including anticipated
Building, 4121 Wilson Blvd., Arlington, Reactors’’ (Open)—The Committee will workload and member assignments.
VA, 22230. hear presentations by and hold 2 p.m.–2:15 p.m.: Reconciliation of
discussions with representatives of the ACRS Comments and
TYPE OF MEETING: Open. NRC staff regarding the staff’s Recommendations (Open)—The
CONTACT PERSON: Dr. G. Wayne Van evaluation of the licensees’ responses to Committee will discuss the responses
Citters, Director, Division of Generic Letter 2004–02 on PWR sumps. from the NRC Executive Director for
Astronomical Sciences, Suite 1045, 1 p.m.–3 p.m.: Results of the Chemical Operations to comments and
National Science Foundation, 4201 Effects Tests Associated with PWR recommendations included in recent
Wilson Blvd., Arlington, VA 22230. Sump Performance (Open)—The ACRS reports and letters.
Telephone: 703–292–4908. Committee will hear presentations by 2:30 p.m.–4:30 p.m.: Draft Final ACRS
and hold discussions with Report on the NRC Safety Research
PURPOSE OF MEETING: To provide advice representatives of the NRC staff and its Program (Open)—The Committee will
and recommendations to the National contractor regarding results of the discuss the draft ACRS report to the
Science Foundation (NSF), the National chemical effects tests related to PWR Commission on the NRC Safety
Aeronautics and Space Administration sump performance. Research Program.
(NASA) and the U.S. Department of 3:15 p.m.–5:15 p.m.: Final Review of 4:45 p.m.–7 p.m.: Preparation of
Energy (DOE) on issues within the field the License Renewal Application for ACRS Reports (Open)—The Committee
of astronomy and astrophysics that are Browns Ferry Units 1, 2, and 3 (Open)— will discuss proposed ACRS reports.
of mutual interest and concern to the The Committee will hear presentations
agencies. by and hold discussions with Saturday, March 11, 2006, Conference
representatives of the NRC staff and the Room T–2b3, Two White Flint North,
AGENDA: To discuss the Committee’s Rockville, Maryland
draft annual report due 15 March 2006. Tennessee Valley Authority regarding
the license renewal application for 8:30 a.m.–1:00 p.m.: Preparation of
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Dated: February 17, 2006.


Browns Ferry Units 1, 2, and 3 and the ACRS Reports (Open)—The Committee
Susanne E. Bolton, associated NRC staff’s Final Safety will continue its discussion of proposed
Committee Management Officer. Evaluation Report. ACRS reports.
[FR Doc. 06–1705 Filed 2–23–06; 8:45 am] 5:30 p.m.–7 p.m.: Preparation of 1 p.m.–1:30 p.m.: Miscellaneous
BILLING CODE 7555–01–M ACRS Reports (Open)—The Committee (Open)—The Committee will discuss

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