Notices. Notice of a proposed new routine use for an existing privacy system of records and the revision of the existing inventory of Privacy Act system managers
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/register/2006/01/24/06-698A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 4410-15-M DEPARTMENT OF LABOR Employment and Training Administration Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974, as amended, (19 U.S.C. 2273), the Department of Labor herein presents summaries of determinations regarding eligibility to apply for trade adjustment assistance for workers (TA-W) number and alternative trade adjustment assistance
(ATAA)by (TA-W) number issued during the periods of January 2006. In order for an affirmative determination to be made and a certification of eligibility to apply for directly-impacted (primary) worker adjustment assistance to be issued, each of the group eligibility requirements of Section 222(a) of the Act must be met. I. Section (a)(2)(A) all of the following must be satisfied: A. A significant number or proportion of the workers in such workers' firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; B. The sales or production, or both, of such firm or subdivision have decreased absolutely; and C. Increased imports of articles like or directly competitive with articles produced by such firm or subdivision have contributed importantly to such workers' separation or threat of separation and to the decline in sales or production of such firm or subdivision; or II. Section (a)(2)(B) both of the following must be satisfied: A. A significant number or proportion of the workers in such workers' firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; B. There has been a shift in production by such workers' firm or subdivision to a foreign country of articles like or directly competitive with articles which are produced by such firm or subdivision; and C. One of the following must be satisfied: 1. The country to which the workers' firm has shifted production of the articles is a party to a free trade agreement with the United States; 2. The country to which the workers' firm has shifted production of the articles to a beneficiary country under the Andean Trade Preference Act, African Growth and Opportunity Act, or the Caribbean Basin Economic Recovery Act; or 3. There has been or is likely to be an increase in imports of articles that are like or directly competitive with articles which are or were produced by such firm or subdivision. Also, in order for an affirmative determination to be made and a certification of eligibility to apply for worker adjustment assistance as an adversely affected secondary group to be issued, each of the group eligibility requirements of Section 222(b) of the Act must be met.
(1)Significant number or proportion of the workers in the workers' firm or an appropriate subdivision of the firm have become totally or partially separated, or are threatened to become totally or partially separated;
(2)The workers' firm (or subdivision) is a supplier or downstream producer to a firm (or subdivision) that employed a group of workers who received a certification of eligibility to apply for trade adjustment assistance benefits and such supply or production is related to the article that was the basis for such certification; and
(3)Either—
(A)The workers' firm is a supplier and the component parts it supplied for the firm (or subdivision) described in paragraph
(2)accounted for at least 20 percent of the production or sales of the workers' firm; or
(B)A loss or business by the workers' firm with the firm (or subdivision) described in paragraph
(2)contributed importantly to the workers' separation or threat of separation. Affirmative Determinations for Worker Adjustment Assistance The following certifications have been issued; the date following the company name and location of each determination references the impact date for all workers of such determination. The following certifications have been issued. The requirements of
(A)(increased imports) of Section 222 have been met. *TA-W-58,327; Hewlett Packard, Ontario, CA, November 10, 2004* . *TA-W-58,412; F. Schumacher and Company, Newark Customer Service Facility, Newark, DE, November 28, 2004* . *TA-W-58,526; IPF Management Company, Inc., d/b/a Invincible IPF, Paterson, NJ, December 20, 2004* . *TA-W-58,070; Carrier Access Corporation, Boulder, CO, October 4, 2004.* *TA-W-58,326; Reliable Garment, Los Angeles, CA, November 10, 2004.* *TA-W-58,401; Accutech Mold and Engineering, Little Falls, MN, November 22, 2004.* *TA-W-58,456; WestPoint Home, Inc., Bath Products Div., Ambassador Personnel, Valley, AL, December 2, 2004.* *TA-W-57,987; Sun Chemical, Performance Pigments Division, Cincinnati, OH, September 12, 2004.* *TA-W-58,388; Chuan Hing Sewing, Inc., San Francisco, CA, November 21, 2004.* The following certifications have been issued. The requirements of (a)(2)(B) (shift in production) of Section 222 have been met. *TA-W-58,396; Leesburg Knit Mill, Knitting Div., Union Underwear Co., Inc., Leesburg, AL, November 21, 2004.* *TA-W-58,480; LeSportsac, Inc., Stearns, KY, November 30, 2004.* *TA-W-58,499; Metaldyne Corporation, LLC, Heartland Industrial Partners, Edon, OH, December 6, 2005.* *TA-W-58,502; Wella Manufacturing of Virginia, USA Staffing, Spherion, STAT, Aerotek, Will Rogers, Richmond, VA, November 28, 2004.* *TA-W-58,295; Pixelworks, Inc., Tualatin, OR, November 4, 2004.* *TA-W-58,295A; Pixelworks, Inc., Campbell, CA, November 4, 2004.* The following certification has been issued. The requirement of supplier to a trade certified firm has been met. *None.* The following certification has been issued. The requirement of downstream producer to a trade certified firm has been met. *None.* Negative Determinations for Worker Adjustment Assistance In the following cases, the investigation revealed that the criteria for eligibility have not been met for the reasons specified. The investigation revealed that criterion (a)(2)(A)(I.A) and (a)(2)(B)(II.A) (no employment decline) has not been met. TA-W-58,413; Badger Paper Mills, BPM, Inc., Flexible Packaging Div., Oconton Falls, WI. The investigation revealed that criteria (a)(2)(A)(I.B.) (Sales or production, or both, did not decline) and (a)(2)(B)(II.B) (No shift in production to a foreign country) have not been met. *None.* The investigation revealed that criteria (a)(2)(A)(I.C.) (increased imports) and (a)(2)(B)(II.B) (No shift in production to a foreign country) have not been met. *TA-W-58,421; Sony Electronics, Direct View CRT, Mt. Pleasant, PA.* *TA-W-58,481; Collins and Aikman, Southwest Laminates, Inc. Division, El Paso, TX.* *TA-W-58,274; Saint-Gobain Container, Carteret, NJ.* The investigation revealed that criteria (a)(2)(A)(I.C.) (Increased imports and (a)(2)(B)(II.C) (has shifted production to a foreign country) have not been met. *None.* The workers firm does not produce an article as required for certification under Section 222 of the Trade Act of 1974. *TA-W-58,487; U.S. Airways, Greentree Reservations, Pittsburgh, PA.* The investigation revealed that criteria
(2)has not been met. The workers firm (or subdivision) is not a supplier or downstream producer to trade-affected companies. *None.* Affirmative Determinations for Alternative Trade Adjustment Assistance In order for the Division of Trade Adjustment Assistance to issue a certification of eligibility to apply for Alternative Trade Adjustment Assistance
(ATAA)for older workers, the group eligibility requirements of Section 246(a)(3)(A)(ii) of the Trade Act must be met. The following certifications have been issued; the date following the company name and location of each determination references the impact date for all workers of such determinations. In the following cases, it has been determined that the requirements of Section 246(a)(3)(ii) have been met. I. Whether a significant number of workers in the workers' firm are 50 years of age or older. II. Whether the workers in the workers' firm possess skills that are not easily transferable. III. The competitive conditions within the workers' industry (i.e., conditions within the industry are adverse). *TA-W-58,396; Leesburg Knit Mill, Knitting Div., Union Underwear Co., Inc., Leesburg, AL, November 21, 2004.* *TA-W-58,480; LeSportsac, Inc., Stearns, KY, November 30, 2004.* *TA-W-58,499; Metaldyne Corporation, LLC, Heartland Industrial Partners, Edon, OH, December 6, 2005.* * TA-W-58,502; Wella Manufacturing of Virginia, USA Staffing, Spherion, STAT, Aerotek, Will Rogers, Richmond, VA, November 28, 2004. * *TA-W-58,388; Chuan Hing Sewing, Inc., San Francisco, CA, November 21, 2004.* *TA-W-58,456; WestPoint Home, Inc., Bath Products Div., Ambassador Personnel, Valley, AL, December 2, 2004.* *TA-W-58,327; Hewlett Packard, Ontario, CA, November 10, 2004.* *TA-W-58,526; IPF Management Company, Inc., d/b/a Invincible IPF, Paterson, NJ, December 20, 2004.* Negative Determinations for Alternative Trade Adjustment Assistance In order for the Division of Trade Adjustment Assistance to issue a certification of eligibility to apply for Alternative Trade Adjustment Assistance
(ATAA)for older workers, the group eligibility requirements of Section 246(a)(3)(A)(ii) of the Trade Act must be met. In the following cases, it has been determined that the requirements of Section 246(a)(3)(ii) have not been met for the reasons specified. Since the workers are denied eligibility to apply for TAA, the workers cannot be certified eligible for ATAA. *TA-W-58,487; U.S. Airways, Greentree Reservations, Pittsburgh, PA.* *TA-W-58,274; Saint-Gobain Container, Carteret, NJ.* *TA-W-58,421; Sony Electronics, Direct View CRT, Mt. Pleasant, PA.* *TA-W-58,481; Collins and Aikman, Southwest Laminates, Inc. Division, El Paso, TX.* The Department as determined that criterion
(1)of Section 246 has not been met. Workers at the firm are 50 years of age or older. *None.* The Department as determined that criterion
(2)of Section 246 has not been met. Workers at the firm possess skills that are easily transferable. *TA-W-58,295; Pixelworks, Inc., Tualatin, OR.* *TA-W-58,295A; Pixelworks, Inc., Campbell, CA.* *TA-W-58,070; Carrier Access Corporation, Boulder, CO.* *TA-W-58,401; Accutech Mold and Engineering, Little Falls, MN.* *TA-W-57,987; Sun Chemical, Performance Pigments Division, Cincinnati, OH.* The Department as determined that criterion
(3)of Section 246 has not been met. Competition conditions within the workers' industry are not adverse. *None.* I hereby certify that the aforementioned determinations were issued during the month of January 2006. Copies of these determinations are available for inspection in Room C-5311, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210, during normal business hours or will be mailed to persons who write to the above address. Dated: January 12, 2006. Erica R. Cantor, Director, Division of Trade Adjustment Assistance. [FR Doc. E6-803 Filed 1-23-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-58,309] OBG Manufacturing Company; Liberty, KY; Dismissal of Application for Reconsideration Pursuant to 29 CFR 90.18(C) an application for administrative reconsideration was filed with the Director of the Division of Trade Adjustment Assistance for workers at OBG Manufacturing Company, Liberty, Kentucky. The application did not contain new information supporting a conclusion that the determination was erroneous, and also did not provide a justification for reconsideration of the determination that was based on either mistaken facts or a misinterpretation of facts or of the law. Therefore, dismissal of the application was issued. *TA-W-58,309; OBG Manufacturing Company, Liberty, Kentucky (January 11, 2006).* Signed at Washington, DC this 11th day of January 2006. Erica R. Cantor, Director, Division of Trade Adjustment Assistance. [FR Doc. E6-802 Filed 1-23-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-58,047] Plasti-Coil, Inc.; Lake Geneva, WI; Notice of Negative Determination Regarding Application for Reconsideration By application of December 8, 2005 a petitioner requested administrative reconsideration of the Department's negative determination regarding eligibility for workers and former workers of the subject firm to apply for Trade Adjustment Assistance
(TAA)and Alternative Trade Adjustment Assistance (ATAA). The denial notice was signed on November 10, 2005 and published in the **Federal Register** on December 6, 2005 (70 FR 72653). Pursuant to 29 CFR 90.18(c) reconsideration may be granted under the following circumstances:
(1)If it appears on the basis of facts not previously considered that the determination complained of was erroneous;
(2)If it appears that the determination complained of was based on a mistake in the determination of facts not previously considered; or
(3)If in the opinion of the Certifying Officer, a misinterpretation of facts or of the law justified reconsideration of the decision. The TAA petition, filed on behalf of workers at Plasti-Coil, Inc., Lake Geneva, Wisconsin engaged in production of custom injection molding was denied because the “contributed importantly” group eligibility requirement of Section 222 of the Trade Act of 1974 was not met, nor was there a shift in production from that firm to a foreign country. The “contributed importantly” test is generally demonstrated through a survey of the workers' firm's declining customers. The survey revealed no increase in imports of custom injection molding. The subject firm did not import custom injection molding in the relevant period, nor did it shift production to a foreign country. In the request for reconsideration, the petitioner alleges that the layoffs at the subject firm are attributable to a shift in production to China. To support the allegations, the petitioner attached a copy of the letter from the subject firm's company official stating that “a significant portion of the business has been transferred to China”. A company official was contacted regarding the above allegations. The company official confirmed what was revealed during the initial investigation. In particular, the official stated that Plasti-Coil, Inc., Lake Geneva, Wisconsin was contemplating to move portion of its production to China, however, the shift did not occur and there are no current plans to move production from the subject firm to a foreign country. The official further clarified that the letter mentioned by the petitioner meant that the subject firm's customers transferred significant volumes of their business to China and other Asian countries, which had a negative impact on production of the subject firm. The subject firm did not shift production of custom injection molding abroad. Conclusion After review of the application and investigative findings, I conclude that there has been no error or misinterpretation of the law or of the facts which would justify reconsideration of the Department of Labor's prior decision. Accordingly, the application is denied. Signed at Washington, DC this 13th day of January, 2006. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-801 Filed 1-23-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-57,945; TA-W-57,945A] Polyvision Corporation; 13646 Route 402 Highway North Facility; Clymer, PA; 2170 Barr Slope Road Facility; Dixonville, PA; Notice of Revised Determination on Reconsideration By letter dated December 5, 2005, Greater Pennsylvania Regional Council of Carpenters requested administrative reconsideration regarding the Department's Negative Determination Regarding Eligibility to Apply for Worker Adjustment Assistance, applicable to the workers of the subject firm. The initial investigation resulted in a negative determination signed on October 21, 2005 and was based on the finding that imports of casework cabinets, marker and tack boards did not contribute importantly to worker separations at the subject plant and no shift of production to a foreign source occurred. The denial notice was published in the **Federal Register** on November 9, 2005 (70 FR 68099). To support the request for reconsideration, the petitioner supplied additional information. The Department of Labor reviewed surveys of the firms to which the subject facility submitted bids and was not subsequently awarded the contracts. A further contact with the surveyed companies revealed the fact that all the bids were awarded to domestic bidders who manufacture case work cabinets, market boards and tack boards abroad. The loss of these contracts as a result of increased imports of case work cabinets, market boards and tack boards contributed importantly to the declines in sales and employment at the subject firm. The investigation further revealed that sales, production and employment at the subject firm declined during the relevant time period. In accordance with Section 246 the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department of Labor herein presents the results of its investigation regarding certification of eligibility to apply for alternative trade adjustment assistance
(ATAA)for older workers. In order for the Department to issue a certification of eligibility to apply for ATAA, the group eligibility requirements of Section 246 of the Trade Act must be met. The Department has determined in this case that the requirements of Section 246 have been met. A significant number of workers at the firm are age 50 or over and possess skills that are not easily transferable. Competitive conditions within the industry are adverse. Conclusion After careful review of the additional facts obtained on reconsideration, I conclude that increased imports of articles like or directly competitive with those produced at Polyvision Corporation, Clymer, Pennsylvania (TA-W-57,945) and Polyvision Corporation, Dixonville, Pennsylvania (TA-W-57,945A), contributed importantly to the declines in sales or production and to the total or partial separation of workers at the subject firm. In accordance with the provisions of the Act, I make the following certification: “All workers of Polyvision Corporation, Clymer, Pennsylvania (TA-W-57,945) and Polyvision Corporation, Dixonville, Pennsylvania (TA-W-57,945A) who became totally or partially separated from employment on or after September 8, 2004 through two years from the date of this certification, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.” Signed in Washington, DC this 13th day of January 2006. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-800 Filed 1-23-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-57,838] Texstyle, Inc., Manchester, KY; Notice of Affirmative Determination Regarding Application for Reconsideration By application of October 17, 2005, petitioners requested administrative reconsideration of the Department of Labor's Notice of Negative Determination Regarding Eligibility to Apply for Worker Adjustment Assistance, applicable to workers of TexStyle, Inc., Manchester, Kentucky (the subject firm). The negative determination for the subject firm was issued on September 15, 2005, and published in the **Federal Register** on October 31, 2005 (70 FR 62345). Under a prior certification (TA-W-51,404), workers were eligible to apply for worker adjustment assistance (issued on April 21, 2003; expired on April 21, 2005). The investigation instituted on August 25, 2005, revealed that the workers did not produce an article or support an affiliated domestic production facility during the relevant period. New information provided on December 1, 2005 by the subject firm revealed that some production did occur at TexStyle, Inc., Manchester, Kentucky during the relevant period. The Department carefully reviewed the petitioners' request for reconsideration and has determined that the Department will conduct further investigation based on new information provided by the subject firm. Conclusion After careful review of the application, I conclude that the claim is of sufficient weight to justify reconsideration of the Department of Labor's prior decision. The application is, therefore, granted. Signed at Washington, DC, this 22nd day of December 2005. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-799 Filed 1-23-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Mine Safety and Health Administration Petitions for Modification The petition for modification notice published in the **Federal Register** on December 28, 2005 (70 FR 76892) for the R S & W Coal Company, Drift Mine, docket number M-2005-079-C, had the wrong MSHA I.D. Number. The correct MSHA I.D. Number is 36-01818. The following parties have filed petitions to modify the application of existing safety standards under section 101(c) of the Federal Mine Safety and Health Act of 1977. 1. Anthracite Underground Rescue, Inc. [Docket No. M-2005-085-C] Anthracite Underground Rescue, Inc., 44 Crescent Street, Tremont, Pennsylvania 17981 has filed a petition to modify the application of 30 CFR 49.6(a)(1) &
(5)(Equipment and maintenance requirements) for the following Anthracite Underground Mines in District 1: Alfred Brown Coal Company, 7 FT Slope Mine (MSHA I.D. No. 36-08893) located in Schuylkill County, Pennsylvania; B & B Rockridge Slope, Rockridge No. 1 Slope Mine (MSHA I.D. No. 36-07741) located in Schuylkill County, Pennsylvania; Chestnut Coal Company, No. 10 Slope Mine (MSHA I.D. No. 36-07059) located in Northumberland County, Pennsylvania; D & D Coal Company, Primrose Slope Mine (MSHA I.D. No. 36-08341) located in Schuylkill County, Pennsylvania; F.K.Z Coal Company, No. 1 Slope Mine (MSHA I.D. No. 36-08637) located in Northumberland County, Pennsylvania; Joliett Coal Company, #3 Vein Slope Mine (MSHA I.D. No. 36-08702) located in Schuylkill County, Pennsylvania; Little Buck Coal Company, No. 2 Slope Mine (MSHA I.D. No. 36-08299) located in Schuylkill County, Pennsylvania; R & D Coal Company, R & D Coal Co., Inc. Mine (MSHA I.D. No. 36-02053) located in Schuylkill County, Pennsylvania; R S & W Coal Co., Inc., R S & W Drift Mine (MSHA I.D. No. 36-01818) located in Schuylkill County, Pennsylvania; Orchard Coal Company, Orchard Slope Mine (MSHA I.D. No. 36-08346) located in Schuylkill County, Pennsylvania; Snyder Coal Company, N & L Slope Mine (MSHA I.D. No. 36-02203) located in Northumberland County, Pennsylvania; Snyder Coal Company, Rock Slope #1 Mine (MSHA I.D. No. 36-09256) located in Northumberland County, Pennsylvania; Tito Coal Company, Whites Vein Slope Mine (MSHA I.D. No. 36-06815) located in Schuylkill County, Pennsylvania; UAE Coalcorp Association, Harmony Mine (MSHA I.D. No. 36-07838) located in Northumberland County, Pennsylvania; S & M Coal Company, Buck Mountain Slope Mine (MSHA I.D. No. 36-02022) located in Dauphin County, Pennsylvania; R & R Coal Company, R & R Coal Company Mine (MSHA I.D. No. 36-08498) located in Schuylkill County, Pennsylvania; Six M Coal Company, No. 1 Slope Mine (MSHA I.D. No. 36-09138) located in Dauphin County, Pennsylvania; Bear Gap Coal Company, Bear Gap Coal Company #6 Slope Mine (MSHA I.D. No. 36-09296) located in Dauphin County, Pennsylvania. The petitioner requests a modification of the existing standard to permit the reduction of twelve self-contained oxygen breathing apparatus to eight self-contained breathing apparatus, and the reduction of twelve permissible cap lamps and charging rack to eight permissible cap lamps and charging rack. The petitioner states that reduction of two rescue teams with five members and one alternate to two rescue teams of three members with one alternative has been granted to all operating anthracite coal mines. The petitioner asserts that eight self-contained breathing apparatus and eight permissible cap lamps are sufficient to supply the seven members of the rescue team, and that the proposed alternate method of compliance will not alter, change, or reduce the ability, effectiveness, or safety of the underground mine personnel. 2. Bear Gap Coal Company [Docket No. M-2005-086-C] Bear Gap Coal Company, Box 64 Kushwa Road, Spring Glen, Pennsylvania 17978 has filed a petition to modify the application of 30 CFR 49.2(b) (Availability of mine rescue teams) to its Bear Gap Coal Company #6 Slope Mine (MSHA I.D. No. 36-09296) located in Dauphin County, Pennsylvania. The petitioner requests a modification of the existing standard to permit the reduction of two mine rescue teams with five members and one alternate each to two mine rescue teams of three members with one alternate for either team. The petitioner asserts that application of the existing standard will result in a diminution of safety to the miners, and that the proposed alternative method would provide at least the same measure of protection as the existing standard. 3. Oxbow Mining, LLC [Docket No. M-2006-001-C] Oxbow Mining, LLC, P.O. Box 535, 3737 Highway 133, Somerset, Colorado 81434 has filed a petition to modify the application of 30 CFR 75.1726(a) (Performing work from a raised position; safeguards) to its Elk Creek Mine (MSHA I.D. No. 05-04674) located in Gunnison County, Colorado. The petitioner proposes to modify existing scoops for use as mobile work platforms and implement operational restrictions to safeguard miners working from the raised platform. The petitioner states that this petition will apply only to Wagner ST3.5 Scoops, Serial Nos. SA04C0228, Company ID No. 24-25 and SA 04P0292, Company ID No. 24-26. The petitioner has listed in this petition specific terms and conditions that will be used when the proposed alternative is implemented. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the existing standard. 4. Twentymile Coal Company [Docket No. M-2006-002-C] Twentymile Coal Company, 29515 Routt County Road #27, Oak Creek, Colorado 80467 has filed a petition to modify the application of 30 CFR 75.500(d) (Permissible electric equipment) to its Foidel Creek Mine (MSHA I.D. No. 05-03836) located in Routt County, Colorado. The petitioner requests a modification of the existing standard to permit an alternative method of compliance to use battery-powered non-permissible hand-held computers in or inby the last open crosscut, including in the return airways, to allow supervisors and selected miners to collect and record data pertinent to safety observations during work processes. The petitioner states that the recorded data in the hand-held computers will be downloaded at the end of the shift and collated with other data to allow the petitioner to proactively correct unsafe practices and to prevent accidents before they occur. The petitioner has listed in this petition specific terms and conditions that will be used when the proposed alternative method is implemented. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the existing standard. 5. Twentymile Coal Company [Docket No. M-2006-003-C] Twentymile Coal Company, 29515 Routt County Road #27, Oak Creek, Colorado 80467 has filed a petition to modify the application of 30 CFR 75.1002(a) (Installation of electric equipment and conductors; permissibility) to its Foidel Creek Mine (MSHA I.D. No. 05-03836) located in Routt County, Colorado. The petitioner requests a modification of the existing standard to permit an alternative method of compliance to use battery-powered non-permissible hand-held computers in or inby the last open crosscut, including in the return airways, to allow supervisors and selected miners to collect and record data pertinent to safety observations during work processes. The petitioner states that the recorded data in the hand-held computers will be downloaded at the end of the shift and collated with other data to allow the petitioner to proactively correct unsafe practices and to prevent accidents before they occur. The petitioner has listed in this petition specific terms and conditions that will be used when the proposed alternative method is implemented. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the existing standard. Request for Comments Persons interested in these petitions are encouraged to submit comments via E-mail: *zzMSHA-Comments@dol.gov* ; Fax:
(202)693-9441; or Regular Mail/Hand Delivery/Courier: Mine Safety and Health Administration, Office of Standards, Regulations, and Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209. All comments must be postmarked or received in that office on or before February 23, 2006. Copies of these petitions are available for inspection at that address. Dated at Arlington, Virginia this 18th day of January 2006. Robert F. Stone, Acting Director, Office of Standards, Regulations, and Variances. [FR Doc. E6-828 Filed 1-23-06; 8:45 am] BILLING CODE 4510-43-P NATIONAL ARCHIVES AND RECORDS ADMINISTRATION Privacy Act of 1974, as Amended; System of Records Notices AGENCY: National Archives and Records Administration (NARA). ACTION: Notice of a proposed new routine use for an existing privacy system of records and the revision of the existing inventory of Privacy Act system managers. SUMMARY: The National Archives and Records Administration
(NARA)is proposing to revise an existing system of records, NARA 1—Researcher Application Files. The system is being revised to add as a routine use the invitation for researchers to participate in voluntary customer satisfaction surveys. NARA is also revising its inventory of system managers, Appendix B, to reflect organizational changes and to update addresses. DATES: *Effective Date:* The revision to NARA 1, Researcher Application Files, will become effective without further notice on February 23, 2006, unless comments received on or before that date cause a contrary decision. If changes are made based on NARA's review comments received, a new final notice will be published. ADDRESSES: Send comments to the Privacy Act Officer, Office of General Counsel (NGC), Room 3110, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001. They may be faxed to 301-837-0293. You may also comment via the Internet to *comments@NARA.GOV.* FOR FURTHER INFORMATION CONTACT: Ramona Branch Oliver, Privacy Act Officer, National General Counsel, Room 3110, AII, at telephone number 301-837-2024 or fax number 301-837-0293. SUPPLEMENTARY INFORMATION: The last notice for this system was published in the **Federal Register** on April 2, 2002. The notice for this system of records states the name and the 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 the records, and the proposed “routine uses” of the system of records. The notice also includes the business address of the NARA official who will inform interested persons of the procedures whereby they may gain access to and correct records pertaining to themselves. One of the purposes of the Privacy Act, as stated in section 2(b)(4) of the Act, is to provide certain safeguards for an individual against an invasion of personal privacy by requiring Federal agencies to disseminate any record of identifiable personal information in a manner that assures that such action is for a necessary and lawful purpose, that information is current and accurate for its intended use, and that adequate safeguards are provided to prevent misuse of such information. NARA intends to follow these principles in transferring information to another agency or individual as a “routine use”, including assurance that the information is relevant for the purposes for which it is transferred. Dated: January 14, 2006. Allen Weinstein, Archivist of the United States. Accordingly, we are publishing the revised system of records notice in its entirety and the revised Appendix B as follows: NARA 1 System name: Researcher Application Files. Security classification: None. System location: Researcher application files are maintained in the following locations in the Washington, DC area and other geographical regions. The addresses for these locations are listed in Appendix B following the NARA Notices:
(1)Customer Services Division;
(2)Presidential libraries and projects; and
(3)Regional records services facilities. Categories of individuals covered by the system: Individuals covered by this system include persons who apply to use original records for research in NARA facilities in the Washington, DC area, the Presidential libraries, and the regional records services facilities. Categories of records in the system: Researcher application files may include: Researcher applications; related correspondence; and electronic records. These files may contain the following information about an individual: Name, address, telephone number, proposed research topic(s), occupation, name and address of employer/institutional affiliation, educational level and major field, expected result(s) of research, photo, researcher card number, type of records used, and other information furnished by the individual. Electronic systems may also contain additional information related to the application process. Authority for maintenance of the system: 44 U.S.C. 2108, 2111 note, and 2203(f)(1). Purpose(s): The information in this system is used to register researchers who wish to gain access to original records; to assist NARA in maintaining intellectual control over archival holdings and to refer related information to the Office of Inspector General if original records are determined to be missing or mutilated; to disseminate information related to events and programs of interest to NARA's researchers as appropriate; and measure customer satisfaction with NARA services. Aggregate information from this system may be used for the purposes of review, analysis, planning, and policy formulation related to customer service staffing and facility needs. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: NARA maintains researcher application files on individuals to: Register persons who apply to use original records for research at a NARA facility; record initial research interests of researchers; determine which records researchers may want to use; contact researchers if additional information of research interest is found or if problems with the requested records are discovered; and prepare mailing lists for sending notices of events and programs of interest to researchers, including the fundraising and related activities of NARA-associated foundations, and invitations to participate in voluntary customer satisfaction surveys, unless individuals elect that their application information not be used for this purpose. The electronic databases serve as finding aids to the applications. Information in the system is also used by NARA staff to compile statistical and other aggregate reports regarding researcher use of records. The routine use statements A, C, E, F, and G, described in Appendix A following the NARA Notice, also apply to this system of records. Disclosure to consumer reporting agencies: In addition to the routine use statements referenced above, the researcher application files are handled consistent with disclosure provisions in 5 U.S.C. 552a(b)(1) through (b)(12). Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Paper and electronic records. Retrievability: Information in the records may be retrieved by the name of the individual or by researcher card number. Safeguards: During normal hours of operation, paper records are maintained in areas accessible only to authorized personnel of NARA. Electronic records are accessible via passwords from terminals located in attended offices. After hours, buildings have security guards and/or doors are secured and all entrances are monitored by electronic surveillance equipment. Retention and disposal: Researcher application files are temporary records and are destroyed in accordance with the disposition instructions in the NARA records schedule contained in FILES 203, the NARA Files Maintenance and Records Disposition Manual. Individuals may request a copy of the disposition instructions from the NARA Privacy Act Officer. System manager(s) and address: For researchers who apply to use records and Nixon presidential materials in the Washington, DC area, the system manager for researcher application files is: Assistant Archivist for Records Services—Washington, DC (NW). For researchers who apply to use accessioned records, presidential records, and donated historical materials in the Presidential libraries and the regional records services facilities, the system managers of researcher application files are the directors of the individual libraries and regional records services facilities. The addresses for these locations are listed in Appendix B following the NARA Notices. Notification procedure: Individuals interested in inquiring about their records should notify the NARA Privacy Act Officer, whose address is listed in Appendix B after the NARA Notices. Record access procedures: Individuals who wish to gain access to their records should submit their request in writing to the NARA Privacy Act Officer at the address given in Appendix B. Contesting record procedures: NARA rules for contesting the contents and appealing initial determinations are found in 36 CFR part 1202. Record source categories: Information in researcher application files is obtained from researchers and from NARA employees who maintain the files. Exemptions claimed for the system: None Appendix A—Routine Uses The following routine use statements will apply to National Archives and Records Administration notices where indicated: A. Routine Use—Law Enforcement In the event that a system of records maintained by this agency to carry out its functions indicates a violation or potential violation of law, whether civil, criminal or regulatory in nature, and whether arising by general statute or particular program statute, or by regulation, rule or order issued pursuant thereto, the relevant records in the system of records, may be referred, as a routine use, to the appropriate agency, whether Federal, State, local, or foreign, charged with the responsibility of investigating or prosecuting such violation or charged with enforcing or implementing the statute, or rule, regulation or order issued pursuant thereto. B. Routine Use—Disclosure When Requesting Information A record from this system of records may be disclosed as a routine use to a Federal, State, or local agency maintaining civil, criminal or other relevant enforcement information or other pertinent information, such as current licenses, if necessary, to obtain information relevant to an agency decision concerning the hiring or retention of an employee, the issuance of a security clearance, the letting of a contract, or the issuance of a license, grant, or other benefit. C. Routine Use—Disclosure of Requested Information A record from this system of records may be disclosed to a Federal agency, in response to its request, in connection with the hiring or retention of an employee, the issuance of a security clearance, conducting a security or suitability investigation, classifying a job, the reporting of an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or other benefit by the requesting agency, to the extent that the information is relevant and necessary to the requesting agency's decision on the matter. D. Routine Use—Grievance, Complaint, Appeal A record from this system of records may be disclosed to an authorized appeal or grievance examiner, formal complaints examiner, equal employment opportunity investigator, arbitrator, or other duly authorized official engaged in investigation or settlement of a grievance, complaint, or appeal filed by an employee. A record from this system of records may be disclosed to the United States Office of Personnel Management, the Merit Systems Protection Board, Federal Labor Relations Authority, or the Equal Employment Opportunity Commission when requested in the performance of their authorized duties. To the extent that official personnel records in the custody of NARA are covered within the system of records published by the Office of Personnel Management as Governmentwide records, those records will be considered as a part of that Governmentwide system. Other records covered by notices published by NARA and considered to be separate systems of records may be transferred to the Office of Personnel Management in accordance with official personnel programs and activities as a routine use. E. Routine Use—Congressional Inquiries A record from this system of records may be disclosed as a routine use to a Member of Congress or to a Congressional staff member in response to an inquiry of the Congressional office made at the request of the individual about whom the record is maintained. F. Routine Use—NARA Agents A record from this system of records may be disclosed as a routine use to an expert, consultant, agent, or a contractor of NARA to the extent necessary for them to assist NARA in the performance of its duties. Agents include, but are not limited to, GSA or other entities supporting NARA's payroll, finance, and personnel responsibilities. G. Routine Use—Department of Justice/Courts A record from this system of records may be disclosed to the Department of Justice or in a proceeding before a court or adjudicative body before which NARA is authorized to appear, when:
(a)NARA, or any component thereof; or,
(b)any employee of NARA in his or her official capacity; or,
(c)any employee of NARA in his or her individual capacity where the Department of Justice or NARA has agreed to represent the employee; or
(d)the United States, where NARA determines that litigation is likely to affect the agency or any of its components, is a party to litigation or has an interest in such litigation, and the use of such records by the Department of Justice or by NARA before a court or adjudicative body is deemed by NARA to be relevant and necessary to the litigation, provided, however, that in each case, NARA determines that disclosure of the records is a use of the information contained in the records that is compatible with the purpose for which the records were collected. Appendix B To inquire about your records or to gain access to your records, you should submit your request in writing to: NARA Privacy Act Officer, Office of General Counsel (NGC), National Archives at College Park, 8601 Adelphi Road, Room 3110, College Park, MD 20740-6001. If the system manager is the Assistant Archivist for Record Services—Washington, DC (NW), the records are located at the following address: Office of Record Services—Washington, DC (NW), National Archives at College Park, 8601 Adelphi Road, Room 3400, College Park, MD 20740-6001. If the system manager is the director of a Presidential Library, the records are located at the appropriate Presidential Library, Staff or Project: George Bush Library, 1000 George Bush Drive West, College Station, TX 77845. Jimmy Carter Library, 441 Freedom Parkway, Atlanta, GA 30307-1498. William J. Clinton Presidential Library, 1200 President Clinton Avenue, Little Rock, AR 72201. Dwight D. Eisenhower Library, 200 SE 4th Street, Abilene, KS 67410-2900. Gerald R. Ford Library, 1000 Beal Avenue, Ann Arbor, MI 48109-2114. Herbert Hoover Library, 210 Parkside Drive, P.O. Box 488, West Branch, IA 52358-0488. Lyndon B. Johnson Library, 2313 Red River Street, Austin, TX 78705-5702. John F. Kennedy Library, Columbia Point, Boston, MA 02125-3398. Nixon Presidential Materials Staff, National Archives at College Park, 8601 Adelphi Road, Room 1320, College Park, MD 20740-6001. Ronald Reagan Library, 40 Presidential Drive, Simi Valley, CA 93065-0600. Franklin D. Roosevelt Library, 4079 Albany Post Road, Hyde Park, NY 12538-1999. Harry S. Truman Library, 500 West US Highway 24, Independence, MO 64050-1798. Office of Presidential Libraries, National Archives at College Park, 8601 Adelphi Road, Room 2200, College Park, MD 20740-6001. If the system manager is the director of a Federal Records Center or Regional Archives facility, the records are located at the appropriate Federal Records Center or Regional Archives Facility: NARA's Pacific Alaska Region (Anchorage), 654 West Third Avenue, Anchorage, Alaska 99501-2145. NARA's Southeast Region (Atlanta), 5780 Jonesboro Road, Morrow, Georgia 30260. NARA‘s Northeast Region (Boston), Frederick C. Murphy Federal Center, 380 Trapelo Road, Waltham, Massachusetts 02452-6399. NARA’s Great Lakes Region (Chicago), 7358 South Pulaski Road, Chicago, Illinois 60629-5898. NARA's Great Lakes Region (Dayton), 3150 Springboro Road, Dayton, Ohio 45439-1883. NARA's Rocky Mountain Region (Denver), Bldg. 48, Denver Federal Center, West 6th Avenue and Kipling Street, Denver, Colorado 80225-0307. NARA's Southwest Region (Fort Worth), 501 West Felix Street, Building 1, Fort Worth, Texas 76115-3405. NARA's Central Plains Region (Kansas City), 2312 East Bannister Road, Kansas City, Missouri 64131-3. NARA's Pacific Region (Laguna Niguel, CA), 24000 Avila Road, 1st Floor, East Entrance, Laguna Niguel, California 92677-3497. NARA's Central Plains Region (Lee's Summit, MO), 200 Space Center Drive, Lee's Summit, Missouri 64064-1182. NARA's Northeast Region (New York City), 201 Varick Street, New York, New York 10014-4811. NARA's Mid Atlantic Region (Center City Philadelphia), 900 Market Street, Philadelphia, Pennsylvania 19107-4292. NARA's Mid Atlantic Region (Northeast Philadelphia), 14700 Townsend Road, Philadelphia, Pennsylvania 19154-1096. NARA's Mid Atlantic Region (Center City Philadelphia), 900 Market Street, Philadelphia, Pennsylvania 19107-4292. NARA's Northeast Region (Pittsfield, MA), 10 Conte Drive, Pittsfield, Massachusetts 01201-8230. NARA's Pacific Region (San Francisco), 1000 Commodore Drive, San Bruno, California 94066-2350. NARA's Pacific Alaska Region (Seattle), 6125 Sand Point Way NE., Seattle, Washington 98115-7999. National Personnel Records Center, Civilian Personnel Records, 111 Winnebago Street, St. Louis, Missouri 63118-4126. National Personnel Records Center, Military Personnel Records, 9700 Page Avenue, St. Louis, MO 63132-5100. Washington National Records Center (WNRC), 4205 Suitland Road, Suitland, MD 20746-8001. If the system manager is the Director of the National Historical Publications and Records Commission (NHPRC), the records are located at the following address: National Historical Publications and Records Commission (NHPRC), National Archives and Records Administration, 700 Pennsylvania Avenue, NW., Room 111, Washington, DC 20408-0001. If the system manager is the Director of the Policy and Planning Staff, the records are located at the following address: Policy and Planning Staff (NPOL), National Archives and Records Administration, 8601 Adelphi Road, Room 4100, College Park, MD 20740-6001. If the system manager is the Director of the Congressional Affairs and Communications Staff, the records are located at the following address: Congressional Affairs and Communications Staff (NCON), National Archives and Records Administration, 700 Pennsylvania Avenue, NW., Room 102, Washington, DC 20408-0001. If the system manager is the Assistant Archivist for Information Services, the records are located at the following address: Office of Information Services (NH), National Archives and Records Administration, 8601 Adelphi Road, Room 4400, College Park, MD 20740. If the system manager is the Assistant Archivist for Administration, the records are located at the following address: Office of Administration (NA), National Archives and Records Administration, 8601 Adelphi Road, Room 4200, College Park, MD 20740. If the system manager is the Director of the Federal Register, the records are located at the following address: Office of the Federal Register (NF), National Archives and Records Administration, 700 Pennsylvania Avenue, NW, Washington, DC 20408-0001. If the system manager is the Inspector General, the records are located at the following address: Office of the Inspector General (OIG), National Archives and Records Administration, 8601 Adelphi Road, Room 1300, College Park, MD 20740. If the system manager is the General Counsel, the records are located at the following address: Office of the General Counsel (NGC), National Archives and Records Administration, 8601 Adelphi Road, Room 3110, College Park, MD 20740. [FR Doc. E6-798 Filed 1-23-06; 8:45 am] BILLING CODE 7515-01-P NUCLEAR REGULATORY COMMISSION Sunshine Act Meeting Agency Holding The Meetings: Nuclear Regulatory Commission. Date: Weeks of January 23, 30, February 6, 13, 20, 27, 2006. Place: Commissioners' Conference Room, 11555 Rockville Pike, Rockville, Maryland. Status: Public and closed. Matters To Be Considered: Week of January 23, 2006 There are no meetings scheduled for the Week of January 23, 2006. Week of January 30, 2006—Tentative Tuesday, January 31, 2006 9:25 a.m.—Affirmation Session (Public Meeting). a. FIRSTENERGY Nuclear Operating Co. (Beaver Valley Power Station, Unit Nos. 1&2; Davis Besse Power Station, Unit 1; Perry Nuclear Power Plant, Unit No. 1), Docket Nos. 50-334-LT, 50-346-LT, 50-412-LT, & 50-440-LT. b. Private Fuel Storage (Independent Spent Fuel Storage Installation) Docket No. 72-22-ISFSI (Tentative). c. Motion to Reopen the Millstone License Renewal Proceedings Filed by Connecticut Coalition Against Millstone (Tentative). 9:30 a.m.—Briefing on Strategic Workforce Planning and Human Capital Initiatives (Public Meeting). (Contact: Kristen Davis, 301-415-7108.) This meeting will be Webcast live at the Web address— *http://www.nrc.gov* . Wednesday, February 1, 2006 9:30 a.m.—Discussion of Security Issues (Closed—Ex. 1 & 3). Week of February 6, 2006—Tentative Monday, February 6, 2006 9:30 a.m.—Briefing on Materials Degradation Issues and Fuel Reliability (Public Meeting). (Contact: Jennifer Uhle, 301-415-6200.) This meeting will be Webcast live at the Web address— *http://www.nrc.gov* . 2 p.m.—Discussion of Security Issues (Closed—Ex. 1 & 3). Wednesday, February 8, 2006 9:30 a.m.—Briefing on Office of Nuclear Materials Safety and Safeguards (NMSS). Programs, Performance, and Plans—Materials Safety (Public Meeting). (Contact: Teresa Mixon, 301-415-7474; Derek Widmayer, 301-415-6677.) This meeting will be Webcast live at the Web address— *http://www.nrc.gov* . 1:30 p.m.—Briefing on Office of Research
(RES)Programs, Performance and Plans (Public Meeting). (Contact: Gene Carpenter, 301-415-7333.) This meeting will be Webcast live at the Web address— *http://www.nrc.gov* . Week of February 13, 2006—Tentative Tuesday, February 14, 2006 2 p.m.—Briefing on Office of Nuclear Materials Safety and Safeguards (NMSS). Programs, Performance, and Plans—Waste Safety (Public Meeting). (Contact: Teresa Mixon, 301-415-7474; Derek Widmayer, 301-415-6677.) This meeting will be Webcast live at the Web address— *http://www.nrc.gov* . Wednesday, February 15, 2006 9:30 a.m.—Briefing on Office of Chief Financial Officer
(CFO)Programs, Performance, and Plans (Public Meeting). (Contact: Edward New, 301-415-5646.) This meeting will be Webcast live at the Web address— *http://www.nrc.gov* . Week of February 20, 2006—Tentative There are no meetings scheduled for the Week of February 20, 2006. Week of February 27, 2006—Tentative There are no meetings scheduled for the Week of February 27, 2006. * The schedule for Commission meetings is subject to change on short notice. To verify the status of meetings call (recording)—(301) 415-1292. Contact person for more information: Michelle Schroll,
(301)415-1662. The NRC Commission Meeting Schedule can be found on the Internet at: *http://www.nrc.gov/what-we-do/policy-making/schedule.html.* The NRC provides reasonable accommodation to individuals with disabilities where appropriate. If you need a reasonable accommodation to participate in these public meetings, or need this meeting notice or the transcript or other information from the public meetings in another format ( *e.g.* braille, large print), please notify the NRC's Disability Program Coordinator, August Spector, at 301-415-7080, TDD: 301-415-2100, or by e-mail at *aks@nrc.gov.* Determinations on requests for reasonable accommodation will be made on a case-by-case basis. This notice is distributed by mail to several hundred subscribers; if you no longer wish to receive it, or would like to be added to the distribution, please contact the Office of the Secretary, Washington, DC 20555 (301-415-1969). In addition, distribution of this meeting notice over the Internet system is available. If you are interested in receiving this Commission meeting schedule electronically, please send an electronic message to *dkw@nrc.gov.* Dated: January 19, 2006. R. Michelle Schroll, Office of the Secretary. [FR Doc. 06-698 Filed 1-20-06; 11:05 am]
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Traces to 8 documents
U.S. Code
4 references not yet in our index
- 29 CFR 90.18(C)
- 29 CFR 90.18(c)
- 26 USC 2813
- 36 CFR 1202
Citation graph
cites case law
Notices
Notice of a proposed new routine use for an existing privacy system of records and the revision of the existing inventory of Privacy Act system managers
Cite29 CFR 90.18(C)
Cite29 CFR 90.18(c)
Cite26 USC 2813
Cite36 CFR 1202
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