[Federal Register Volume 73, Number 159 (Friday, August 15, 2008)]
[Notices]
[Pages 47882-47883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19101]


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DEPARTMENT OF COMMERCE


Establishment of the NIST Blue Ribbon Commission on Management 
and Safety and Preliminary Notice of Public Meeting.

AGENCY: U.S. Department of Commerce.

ACTION: Notice of establishment of the NIST Blue Ribbon Commission on 
Management and Safety and Preliminary Notice of Public Meeting.

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SUMMARY: Pursuant to the Federal Advisory Committee Act, as amended (5 
U.S.C. App.), the Secretary of Commerce announces the establishment of 
the NIST Blue Ribbon Commission on Management and Safety (Commission). 
The Commission will advise the Secretary on whether (a) the training, 
safety, security, and response protocols, (b) the implementation of 
those protocols and internal controls, and (c) the management structure 
at the National Institute of Standards and Technology (NIST) are 
appropriate to ensure the safe operation of all NIST programs.
    This Notice also provides preliminary notice of a public meeting of 
the Commission. Specific details will be provided in a subsequent 
Federal Register Notice and on the agency's Web site.

DATES: The Commission will be established on or after September 2, 
2008.

ADDRESSES: All comments shall be submitted to Thomas L. Hemingway, U.S. 
Department of Commerce, Room 5838, 1401 Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-3088; e-mail: 
[email protected].

FOR FURTHER INFORMATION CONTACT: Thomas L. Hemingway, U.S. Department 
of Commerce, Room 5838,

[[Page 47883]]

1401 Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 
482-3088; e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The Commission is needed to provide expert consensus advice to the 
Department of Commerce on management and safety issues arising from a 
spill of a hazardous material that took place on June 9, 2008 at the 
Department's National Institute of Standards and Technology (NIST) 
laboratory in Boulder, Colorado.
    This incident has been or is being investigated by the Department 
of Energy's Radiological Assistance Program; the NIST Ionizing 
Radiation Safety Committee; the NIST Safety, Health, and Environment 
Division; the Department of Commerce's Inspector General; and five 
radiation and physics experts who provided their preliminary individual 
recommendations to NIST. The Nuclear Regulatory Commission is also 
conducting an inspection and review in response to the incident.
    Preliminary findings from these investigations suggest that the 
root causes of the incident include systemic organizational and 
cultural issues at NIST. Only through bringing together outside 
analysts can NIST assure itself and the public that the review is 
unbiased.
    The Department of Commerce now requires consensus advice from a 
group of scientific experts on whether (a) the training, safety, 
security, and response protocols, (b) the implementation of those 
protocols and internal controls, and (c) the management structure at 
the NIST are appropriate to ensure the safe operation of all NIST 
programs. While individual advice has sufficed to identify existing 
problems, the Department requires consensus advice from outside experts 
to identify measures that can be used to address the organizational and 
cultural issues in the future.
    The Commission shall begin its investigation within fourteen days 
of establishment. It shall provide an oral briefing of its preliminary 
findings to the Secretary within 45 days of beginning its 
investigation, and written findings within 90 days of beginning its 
investigation.

II. Structure

    The Commission shall consist of seven members who are qualified 
experts with public or private sector experience in one or more of the 
following areas:
     Management and organizational structure;
     Training and human resources operations;
     Laboratory management and safety;
     Hazardous materials safety;
     Emergency medical response;
     Environmental safety;
     Environmental remediation; and
     Security for hazardous materials.
    These members shall serve as Special Government Employees as such 
employees are defined in 18 U.S.C. 202(a).
    Management and support services shall be provided by NIST.

III. Compensation

    Members shall receive per diem and travel expenses as authorized by 
5 U.S.C. 5703, as amended, for persons employed intermittently in the 
Government service. No other compensation shall be provided.

IV. Preliminary Notice of Public Meeting

    The first public meeting will be held within fourteen days after 
the Commission is established. Details of this meeting will be provided 
in another Federal Register Notice, and posted on the Department's Web 
site as soon as they are finalized.

    Dated: August 13, 2008.
David K. Bowsher,
Deputy General Counsel.
[FR Doc. E8-19101 Filed 8-14-08; 8:45 am]
BILLING CODE 3510-03-P