Title 10--ENERGY
Chapter XVII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1703.101] [Page 959] TITLE 10--ENERGY CHAPTER XVII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD PART 1703_PUBLIC INFORMATION AND REQUESTS--Table of Contents Sec. 1703.101 Scope. This part contains the Board's regulations implementing the Freedom of Information Act, 5 U.S.C. 552. ...


Board business. Agency records do not include records such as: (1) Publicly available books, periodicals, or other publications that are owned or copyrighted...


and will be open between 8:30 a.m. and 4:30 p.m. Mondays through Fridays, with the exception of legal holidays. Documents may be obtained in person or by written...


under criteria established by an Executive Order to be kept secret in the interest of national defense or foreign policy, and (2) Which are in fact properly...


shall make available for public inspection and copying any reasonably described agency record in the possession and control of the Board, but not available through the...


Sec. 1703.107(b), unless a requester submits a request in writing for a waiver or reduction of fees. The Designated FOIA Officer shall make a determination on a fee waiver...


Board public hearings addressed in paragraph (a)(2) of this section, the fees charged shall be limited to costs of duplication of the requested records. The Board...


request for fee waiver or reduction, the Designated FOIA Officer shall acknowledge receipt of the request and commence processing of the request. The Designated FOIA Officer...


for access to records or request for fee waiver or reduction is denied in whole or in part may appeal that determination to the General Counsel within 30 days of...


(UCNI) received from the Department of Energy or other federal agencies. The Board shall refer requests under Sec. 1703.105 for such records or information to...


privileged treatment by claiming that some or all of the information contained in the document is exempt from the mandatory public disclosure requirements of FOIA and...


is included unless it is a Saturday, Sunday or legal holiday, in which case the period runs until the end of the next working day. Whenever a person has the right or...


apply to meetings, as defined herein, of the Members of the Defense Nuclear Facilities Safety Board (Board). The Board may waive the provisions set forth in this...


serve in said positions, pursuant to 42 U.S.C. 2286(c). (b) Defense Nuclear Facilities Safety Board means the Board established under the National Defense Authorization...


with this part. Except as provided in Sec. 1704.4, the Board's meetings, or portions thereof, shall be open to public observation. [[Page 969]] (b)...


the public interest requires otherwise, a meeting may be closed and information pertinent to such meeting otherwise required by Sec. Sec. 1704.5, 1704.6, and 1704.7 to...


(a) A majority of all Members may vote to close a meeting or withhold information pertaining to that meeting. A separate vote shall be taken with respect to any action under Sec....


week before the meeting, of the: (1) Time of the meeting; (2) Place of the meeting; (3) Subject matter of the meeting; (4) Whether the meeting is to...


only if the Board publicly announces such change at the earliest practicable time. Members need not approve such change. (b) The...


statement referred to in Sec. 1704.5(d), the Board shall maintain a complete transcript or electronic recording adequate to record fully the proceedings of each meeting,...


to the public in the Public Reading Room the transcript, electronic recording, or minutes of the discussion of any item on the agenda or of any testimony received at...


held invalid, the remainder of this part or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1705.01] [Page 971] TITLE 10--ENERGY CHAPTER XVII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD PART 1705_PRIVACY ACT--Table of Contents Sec. 1705.01 Scope. This part contains the Board's regulations implementing the Privacy Act of 1974, Public Law 93-579, 5 U.S.C. 552a. [[Page 972]] ...


records, statistical record, and routine use. The Board's use of these terms conforms with the statutory definitions. References in this part to ``the Act'' refer to the Privacy...


compiles and publishes all systems of records maintained by all Federal agencies, including the Board. (b) Requests regarding record systems. Any person who wishes...


letter to: Privacy Act Officer, Defense Nuclear Facilities Safety Board, 625 Indiana Avenue, NW., suite 700, Washington, DC 20004. The request should contain the...


Board's offices. The acknowledgment will advise the requester if any additional information is needed to process the request. Within fifteen working days of receipt of the...


be directed to The [[Page 973]] Chairman, Defense Nuclear Facilities Safety Board, 625 Indiana Avenue NW., suite 700, Washington, DC 20004. The appeal letter...


be made in writing and should be addressed to Privacy Act Officer, Defense Nuclear Facilities Safety Board, 625 Indiana Avenue, NW., Suite 700, Washington, DC 20004. The...


should be directed to The Chairman, Defense Nuclear Facilities Safety Board, 625 Indiana Avenue, NW., Suite 700, Washington, DC 20004. The appeal letter must (1) specify...


be made available except in the following circumstances: (a) Their release is required under the Freedom of Information Act in accordance with the Board's FOIA...


copying fee will be charged at the same rate established for FOIA requests. See 10 CFR 1703.107. However, the first 100 pages of copying will be free...


5 U.S.C. 552(a)(c)(3), (d), (e)(1), (e)(4)(G), (H), (I), and (f). The exemption pertains to portions of these records which would identify persons supplying information on drug...


Facilities Safety Board will follow in determining whether a contractor or offeror has an organizational or consultant conflict of interest (OCI) and in avoiding,...


with respect to its internal functions or its oversight of defense nuclear facilities, or otherwise to support or improve policy development or decisionmaking by the...


provided. This part shall be incorporated by reference and made a part of all Board contracts in excess of the small purchases threshold, except as provided in the...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1706.4] [Page 976] TITLE 10--ENERGY CHAPTER XVII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD PART 1706_ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTERESTS--Table of Contents Sec. 1706.4 Head of the contracting activity. The head of the contracting activity for the Board shall be the General Manager. ...


services where the award would result in the offeror evaluating products or services it has provided to the Board, is then providing to the Board, or is then offering to provide...


advisory or assistance services where the contract amount is expected to exceed $25,000 (or the then applicable small purchases threshold), a provision requiring a...


the Board otherwise learns, that actual or potential OCIs could be, or would appear to be, created by contract award to a particular offeror, the Board shall afford the...


may be identified either by the contracting officer for the Board or other Board employee or by a written request filed by an offeror or contractor with the...


are not all inclusive, but are intended to provide offerors and contractors with guidance on how this subpart will be applied. (a) Circumstances--(1) Facts. A...


required by Sec. Sec. 1706.6 and 1706.7 in connection with an award shall result in disqualification of the offeror for that award. The nondisclosure...


Sec. 1706.6(a), insert the following provision in Board solicitations: Organizational and Consultant Conflicts of Interest Certificate-- Advisory...


(a) This part sets forth policies and procedures you must follow when you submit a demand or request to an employee of the Defense Nuclear Facilities Safety Board (DNFSB) to...


applies to demands and requests to employees for factual, opinion, or expert testimony relating to official information, or for production of official records or information, in...


Defense Nuclear Facilities Safety Board. DNFSB employee or employee means: (1) Any current or former officer or employee of DNFSB; (2) Any contractor or...


No employee may produce official records and information or provide any testimony relating to official information in response to a demand or request without...


The General Counsel, in his or her sole discretion, may grant an employee permission to testify on matters relating to official information, or produce...


demands or requests for documents or testimony. You must comply with the following requirements whenever you issue demands or requests to a DNFSB employee...


requests. Subpoenas or requests for official records or information or testimony must be served on the General Counsel, Defense Nuclear Facilities Safety Board,...


requests. (a) After service of a demand or request to testify, the General Counsel will review the demand or request and, in accordance with the provisions of...


The General Counsel makes the final determination on demands and requests to employees for production of official records and information or testimony. All...


apply to testimony. (a) The General Counsel may impose conditions or restrictions on the testimony of DNFSB employees including, for example, limiting the areas...


to released records. (a) The General Counsel may impose conditions or restrictions on the release of official records and information, including the requirement...


is not made prior to the time a response is required. If a response to a demand or request is required before the General Counsel can make the determination...


of an adverse ruling. If the court or other competent authority fails to stay the demand, the employee upon whom the demand is made, unless otherwise advised by...


General Counsel may condition the production of records or appearance for testimony upon advance payment of a reasonable estimate of the costs to DNFSB. (b) Fees...


discloses official records or information or gives testimony relating to official information, except as expressly authorized by DNFSB or as ordered by a Federal court...




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