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Code · REGISTER · 2006-07-19 · Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food and Nutrition Service See Forest Service NOTICES Agency information collection activities; proposals, submiss · Unknown

Unknown. Final rule

13,745 words·~62 min read·/register/2006/07/19/06-6319

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2006-07-19.xml --- 71 138 Wednesday, July 19, 2006 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food and Nutrition Service See Forest Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 40983-40985 E6-11385 E6-11396 E6-11398 Animal Animal and Plant Health Inspection Service RULES Plant-related quarantine, domestic: Asian longhorned beetle, 40879-40880 E6-11430 Plant-related quarantine, domestic and foreign:
Gypsy moth, 40875-40879 E6-11431 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Coast Guard Coast Guard RULES Drawbridge operations: Washington, 40916-40918 E6-11378 Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: Buffalo Outer Harbor, Buffalo, NY, 40920-40922 E6-11374 John's Pass, Tampa Bay, FL, 40918-40920 E6-11486 Regattas and marine parades: Catholic Charities Dragon Boat Races, 40914-40916 E6-11377 NOTICES Committees; establishment, renewal, termination, etc.:
Navigation Safety Advisory Council, 41037-41038 E6-11376 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Consumer Consumer Product Safety Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-11383 40997-40998 E6-11386 Defense Defense Department See Defense Intelligence Agency See Defense Logistics Agency See Navy Department NOTICES Base closures and realignments; list of recommendations; correction, 41078 C6-6078 Federal Acquisition Regulation (FAR):
Agency information collection activities; proposals, submissions, and approvals, 06-6332 40998-41000 06-6333 06-6334 Privacy Act; systems of records, 41000-41001 06-6305 Defense Defense Intelligence Agency NOTICES Privacy Act; systems of records, 41001-41007 06-6306 06-6307 06-6308 06-6309 Defense Defense Logistics Agency NOTICES Privacy Act; systems of records, 41007-41008 06-6310 Education Education Department RULES Special education and rehabilitative services: Individuals with Disabilities Education Act (IDEA)— National instruction materials accessibility standard; establishment, 41084-41089 06-6340 NOTICES Agency information collection activities; proposals, submissions, and approvals, 41009-41010 E6-11442 Employee Employee Benefits Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-11402 41055-41057 E6-11403 E6-11404 Energy Energy Department See Energy Efficiency and Renewable Energy Office RULES Computer security:
Information on Department of Energy computers; consent for access, 40880-40886 06-6319 NOTICES Meetings: Environmental Management Site-Specific Advisory Board— Oak Ridge Reservation, TN, 41010 E6-11424 Energy Energy Efficiency and Renewable Energy Office NOTICES Meetings: Federal Energy Management Advisory Committee, 41010-41011 E6-11422 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: Montana, 40922-40925 E6-11344 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas:
California, 40952-40955 E6-11450 Montana, 40951-40952 E6-11345 NOTICES Agency information collection activities; proposals, submissions, and approvals, 41011-41014 E6-11429 E6-11432 E6-11433 Committees; establishment, renewal, termination, etc.: Coastal Elevations and Sea Level Rise Advisory Committee, 41015 E6-11470 Pesticide, food, and feed additive petitions: Brushy Mountain Bee Farm, 41018-41020 E6-11269 Pesticide programs: Pyraclostrobin; tolerance reassessment decision, 41015-41016 E6-11480 Pesticide registration, cancellation, etc.:
Dicloran, 41017-41018 E6-11349 Pesticides; experimental use permits, etc.: Bayer CropScience LP, 41020 E6-11270 Reports and guidance documents; availability, etc.: Indian Tribal governments; consultation and coordination, 41020-41021 E6-11448 Water supply: Public water system supervision program— Idaho, 41021 E6-11469 FAA Federal Aviation Administration RULES Airworthiness directives: Pilatus Aircraft Ltd., 40886-40891 E6-11333 E6-11339 PROPOSED RULES Airworthiness directives:
Airbus, 40942-40945 E6-11417 BAE Systems (Operations) Ltd., 40940-40942 E6-11415 Boeing, 40948-40951 E6-11413 Fokker, 40945-40948 E6-11416 NOTICES Agency information collection activities; proposals, submissions, and approvals; correction, 41078 C6-5749 FBI Federal Bureau of Investigation NOTICES Agency information collection activities; proposals, submissions, and approvals, 41054 E6-11407 FCC Federal Communications Commission RULES Radio stations; table of assignments: Kansas, 40927 E6-11467 Louisiana, 40927-40928 E6-11055 Ohio, 40927 E6-11421 PROPOSED RULES Radio stations; table of assignments:
Kansas, 40981 E6-11053 Missouri, 40981 E6-11054 Virginia, 40981-40982 E6-11051 NOTICES Agency information collection activities; proposals, submissions, and approvals, 41021-41022 E6-11411 Rulemaking proceedings; petitions filed, granted, denied, etc., 41022-41023 E6-11049 FDIC Federal Deposit Insurance Corporation PROPOSED RULES Practice and procedure: Failure to timely pay assessment; civil money penalties, 40938-40940 E6-11423 Federal Emergency Federal Emergency Management Agency RULES Flood elevation determinations:
Arkansas, 40925-40927 E6-11393 PROPOSED RULES Flood elevation determinations: Louisiana, 40978-40980 E6-11391 Nebraska, 40980-40981 E6-11387 Various States, 40955-40978 E6-11394 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 41023 E6-11434 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 41023 E6-11439 FTC Federal Trade Commission NOTICES Prohibited trade practices: Austin Board of Realtors, 41023-41027 E6-11389 Fish Fish and Wildlife Service NOTICES Endangered and threatened species:
Recovery Plans— Kauai Cave wolf spider and amphipod, 41041 E6-11466 Food Food and Drug Administration NOTICES Meetings: Endocrinologic and Metabolic Drugs Advisory Committee and Pharmaceutical Science Advisory Committee, 41027-41028 E6-11471 Food Food and Nutrition Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 40985-40988 E6-11435 E6-11441 06-6365 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Oklahoma, 40991 E6-11454 Forest Forest Service NOTICES Environmental statements; notice of intent:
Okanogan and Wenatchee National Forests, WA, 40988-40990 06-6316 Meetings: Resource Advisory Committees— Ravalli County, 40990-40991 06-6321 GSA General Services Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 06-6332 40998-41000 06-6333 06-6334 Health Health and Human Services Department See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Meetings:
American Health Information Community, 41027 06-6342 Vital and Health Statistics National Committee, 41027 06-6341 Health Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 41028-41029 E6-11440 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See Transportation Security Administration NOTICES Meetings: National Security Telecommunications Advisory Committee, 41037 E6-11459 Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-11443 41039-41041 E6-11444 E6-11460 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service See National Park Service IRS Internal Revenue Service NOTICES Meetings:
Taxpayer Advocacy Panels, 41074 06-6286 06-6287 Privacy Act; system of records, E6-11399 41075-41077 E6-11400 International International Trade Administration NOTICES Antidumping: Honey from— China; correction, 40991 E6-11456 Countervailing duties: Cut-to-length carbon steel plate from— Sweden, 40992-40993 E6-11455 United Kingdom, 40993-40994 E6-11458 Justice Justice Department See Federal Bureau of Investigation NOTICES Pollution control; consent judgments: CBS Corp. et al., 41051-41052 06-6346 Conexant Systems Inc., et al., 41052 06-6348 Fostoria, OH, 41052 06-6343 Industrial Excess Landfill, Inc., 41053 06-6347 NL Industries, Inc., et al., 41053-41054 06-6344 Labor Labor Department See Employee Benefits Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 41054-41055 E6-11446 Land Land Management Bureau NOTICES Coal leases, exploration licenses, etc.:
Wyoming, 41041-41042 06-6328 Environmental statements; notice of intent: Clark, Lincoln, and White Pine Counties Groundwater Development Project, NV, 41042-41043 E6-11462 Meetings: Resource Advisory Councils— New Mexico, 41043 E6-11457 Steens Mountain Advisory Council, 41043 E6-11379 Public land orders: Utah, 41043 E6-11447 Realty actions; sales, leases, etc.: Nevada, 41043-41044 E6-11461 Oregon, 41044-41045 E6-11449 Survey plat filings: Idaho, 41045-41046 E6-11464 Nevada, 41046 E6-11451 Minerals Minerals Management Service RULES Outer Continental Shelf; oil, gas, and sulphur operations:
Oil and gas activities; costs recovery, 40904-40914 E6-11405 NASA National Aeronautics and Space Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 06-6332 40998-41000 06-6333 06-6334 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Humanities National Council, 41057 E6-11397 National Highway National Highway Traffic Safety Administration RULES Motorcyclist Safety Program; incentive grant criteria, 40891-40904 06-6354 NOTICES Motor vehicle safety standards; exemption petitions, etc.:
US SPECS, 41067-41068 E6-11484 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 41029-41032 E6-11380 E6-11381 E6-11382 Meetings: National Cancer Institute, 41032 06-6291 National Institute of Allergy and Infectious Diseases, 41033 06-6289 06-6290 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 41034-41035 06-6295 National Institute of Dental and Craniofacial Research, 41035 06-6298 National Institute of Diabetes and Digestive and Kidney Diseases, 41034 06-6293 National Institute of Environmental Health Sciences, 41032-41035 06-6288 06-6294 06-6296 National Institute of General Medical Sciences, 41034 06-6292 Scientific Review Center, 41035-41036 06-6297 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:
Alaska; fisheries of Exclusive Economic Zone— Northern rockfish, 40936-40937 06-6339 Pacific cod, 40935 06-6336 Pacific ocean perch, 40935-40936 06-6337 Pelagic shelf rockfish, 40936 06-6338 Yellow sole, 40934-40935 06-6335 Marine mammals: Incidental taking— Monterey Bay National Marine Sanctuary, CA; California sea lions and Pacific harbor seals incidental to coast fireworks displays, 40928-40934 E6-11463 NOTICES Exempted fishing permit applications, determinations, etc., 40994-40995 E6-11406 Grants and cooperative agreements; availability, etc.:
Great Lakes Cooperative Institute; establishment, 41080-41082 06-6266 Marine mammal permit applications, determinations, etc., E6-11445 40995-40996 E6-11453 Meetings: Pacific Fishery Management Council, 40996-40997 E6-11436 National Park National Park Service NOTICES Environmental statements; availability, etc.: Fort King Special Resource Study, FL, 41046 06-6315 Pea Ridge National Military Park, AR; general management plan, 41046-41047 06-6314 Environmental statements; record of decision:
Fallen Timbers Battlefield and Fort Miamis National Historic Site, OH; general management plan, 41047 E6-11428 First Ladies National Historic Site, OH; general management plan, 41047-41048 06-6312 Lincoln Boyhood National Memorial, IN; general management plan, 41048 E6-11427 Meetings: Alaska Region Subsistence Resource Commission, 41048-41049 E6-11425 E6-11426 National Natural Landmarks Program; designations, etc.: Ashfall Fossil Beds, Antelope County, NE, 41049-41050 06-6350 Middleton Island, AK, et al., 41050-41051 06-6313 Oil and gas plans of operations; availability, etc.:
Big Thicket National Preserve, TX, 41051 06-6323 Navy Navy Department NOTICES Inventions, Government-owned; availability for licensing, 41009 E6-11420 Patent licenses; non-exclusive, exclusive, or partially exclusive: Newcomer Supply, Inc., 41009 06-6352 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 41058 E6-11409 Environmental statements; availability, etc.: Omaha Public Power District Independent Spent Fuel Storage Installation, NE, 41058-41061 E6-11408 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Hazardous materials:
Special permit applications; list, 41068-41071 06-6325 06-6326 Reports and guidance documents; availability, etc.: Emergency Response Guidebook; revision; comment request, 41071-41073 E6-11395 Postal Postal Service NOTICES Meetings; Sunshine Act, 41061 06-6383 Railroad Railroad Retirement Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 41061-41062 E6-11384 SEC Securities and Exchange Commission NOTICES Securities: Suspension of trading— Aurora Medical Technology, Inc., 41062 06-6304 Self-regulatory organizations; proposed rule changes:
Chicago Board Options Exchange, Inc., 41062-41064 E6-11388 Philadelphia Stock Exchange, Inc., 41064-41066 E6-11390 Social Social Security Administration NOTICES Meetings: Ticket to Work and Work Incentives Advisory Panel, 41066 E6-11410 State State Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 41066-41067 E6-11437 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings: Substance Abuse Prevention Center National Advisory Council, 41036-41037 E6-11523 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, control, etc.:
Union Pacific Railroad Co., 41073 06-6353 Railroad services abandonment: CSX Transportation, Inc., 41073-41074 E6-11348 Transportation Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board NOTICES Aviation proceedings: Agreements filed; weekly receipts, 41067 E6-11473 Certificates of public convenience and necessity and foreign air carrier permits; weekly applications, 41067 E6-11472 Transportation Transportation Security Administration NOTICES Paper checks payable to TSA; conversion to electronic funds transfers, 41038 06-6356 Treasury Treasury Department See Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 41074 E6-11392 Separate Parts In This Issue Part II Commerce Department, National Oceanic and Atmospheric Administration, 41080-41082 06-6266 Part III Education Department, 41084-41089 06-6340 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 71 138 Wednesday, July 19, 2006 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Parts 301 and 319 [Docket No. 00-067-2] RIN 0579-AB55 Gypsy Moth; Regulated Articles AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule. SUMMARY: We are amending the gypsy moth regulations by removing restrictions on the interstate movement of wood chips, which do not pose a risk of containing gypsy moth egg masses, and by adding restrictions on the movement and importation of bark and bark products, which pose a risk of containing gypsy moth egg masses. In addition, we are extending by 2 months the period during which regulated articles originating outside of any generally infested area must be safeguarded from infestation in order to be eligible for interstate movement directly through any generally infested area without a certificate or permit.
These changes are necessary to update the provisions in the regulations to ensure consistent actions by the Animal and Plant Health Inspection Service, our cooperators, and industry in order to limit the artificial spread of gypsy moth. DATES: *Effective Date:* August 18, 2006. FOR FURTHER INFORMATION CONTACT: Dr. Weyman Fussell, Program Manager, Invasive Species and Pest Management, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-1236;
(301)734-5705. SUPPLEMENTARY INFORMATION: Background The gypsy moth, *Lymantria dispar* (Linnaeus), is an introduced, highly destructive pest of trees that, during its caterpillar stage, poses a serious threat to hundreds of species of trees and shrubs. A female gypsy moth lays a cluster of eggs (called an egg mass) on and near trees. Up to a thousand caterpillars can hatch from a single egg mass. The caterpillars feed on nearby trees and shrubs, removing much, if not all, foliage. This defoliation, when combined with other forms of stress such as drought and soil compaction, may ultimately result in the death of the tree. On May 23, 2003, we published in the **Federal Register** (68 FR 28157-28161, Docket No. 00-067-1) a proposed rule to amend the regulations in “Subpart-Gypsy Moth” (7 CFR 301.45 through 301.45-12) and “Subpart-Gypsy Moth Host Material from Canada” (7 CFR 319.77-1 through 319.77-5) by removing restrictions on the interstate movement of wood chips, and by adding restrictions on the movement and importation of bark and bark products. In addition, we proposed to extend by 2 months the period during which regulated articles originating outside of any generally infested area must be safeguarded from infestation in order to be eligible for interstate movement directly through any generally infested area without a certificate or permit. We solicited comments on our proposal for 60 days ending on July 22, 2003. We received seven comments by that date, from representatives of Federal agencies, industry groups, and a foreign plant protection organization. Six of the commenters conditionally supported the proposed rule. One commenter perceived the proposed changes as a lessening of restrictions. We have carefully considered these comments. They are discussed below. Four commenters were concerned that our use of the rather general term “bark and bark products” would result in restrictions being placed on bagged mulch and soils containing composted bark. These commenters suggested that we amend the rule by specifying in a definition for “bark and bark products” that soils containing bark composts and bagged mulch are excluded. Soil is not listed as a regulated article for gypsy moth, so there are no existing requirements in the gypsy moth regulations regarding its movement. However, bark will be a regulated article as a result of this final rule. If soil or bagged mulch contains bark, then the mixture would necessarily be subject to regulation. The regulations in § 301.45-5(a)(4) provide that a certificate may be issued for the interstate movement of a regulated article if it has, among other things, been handled in such a manner that no infestation would be transmitted thereby, as determined by an inspector. One means by which bark may qualify for a certificate under these provisions is composting according to the method described in Appendix N of the Gypsy Moth Program Manual. 1 1 The Gypsy Moth Program Manual may be viewed on the Internet at *http://www.aphis.usda.gov/ppq/manuals/domestic/GMChapters.htm* . In response to the commenters' suggestion, we are adding definitions for *bark* and *bark products* to § 301.45-1, specifically, we have defined *bark* as “The tough outer covering of the woody stems of trees, shrubs, and other woody plants as distinguished from the cambium and inner wood,” and *bark products* as “Products containing pieces of bark including bark chips, bark nuggets, bark mulch, and bark compost.” Another commenter stated that processed bark and bark products are not a source of gypsy moth infestations and that they should be excluded from the proposed rule or that their inclusion should be delayed until it can be scientifically established that processed bark and bark products present a risk of gypsy moth infestation. Currently, we do not have a protocol that specifies processing methods under which the potential risks posed by bark would be mitigated. The Animal and Plant Health Inspection Service's (APHIS) Center for Plant Health Science and Technology (CPHST) is addressing this issue in order to develop a scientifically validated protocol for processed bark. There is, however, ample evidence that gypsy moth egg masses are resilient and tolerate rough handling and climatic extremes while maintaining viability; likewise, gypsy moth eggs deposited on the bark of trees remain viable after typical processing to render the bark as chips or nuggets. Until a validated protocol is developed, we believe that it is necessary to apply the measures described in this rule to processed bark and bark products in order to provide the necessary safeguarding measures to limit the artificial spread of gypsy moth in the United States. One commenter suggested that the change to the regulations concerning bark and bark products should not include soils containing softwood composted bark (e.g. white cedar, pine, hemlock) since they are not a host for gypsy moth. While it is true that pine is not known to be a food source for European gypsy moth, it is a food source for the Asian gypsy moth. CPHST has made scientific observations and collected data supporting this conclusion. Through careful study and analysis, it was recognized that, although pine is not a food source host for the European gypsy moth, pine can, in certain circumstances, be an oviposition site. 2 However, as stated previously, if soil contains bark, then the mixture is subject to regulation. 2 Rossiter, M.C. 1987. Use of a secondary host, pitch pine, by non-outbreak populations of the gypsy moth. Ecology 68: 857-868. One commenter suggested we leave the restriction on wood chips in place, as well as impose restrictions on the movement of bark and bark products. The commenter stated that since gypsy moths favor placing their eggs in protected areas, piles of wood chips, which APHIS permits to contain up to 2 percent bark, may harbor gypsy moth egg masses which could lead to gypsy moth infestation. The gypsy moth regulations do not allow wood chips to contain up to 2 percent bark. Our regulations concerning the importation of unmanufactured wood, found at 7 CFR 319.40 through 319.40-11, provide that logs may retain bark on up to 2 percent of surface area. This should not be construed to mean that bark present in wood chips is permitted under the gypsy moth regulations. For the purposes of this rule, bark is considered a contaminant in wood chips and regulated accordingly. In addition, wood chips would rarely, if ever, be expected to be an oviposition site for gypsy moth. While it is true that gypsy moth favor placing their eggs in protected areas, they do not dig into sites such as piles of wood chips. When the larva is ready to enter the pupal phase, it will stay in or near a preferred food source, such as a tree. In general, when a female gypsy moth emerges from its pupal casing, it will mate and deposit eggs within 1 meter of that pupation site, which will then become an oviposition site for the emerging female gypsy moth. Piles of wood chips are not environments larvae would typically pick for pupation because of a lack of feeding sources as well as the availability of more preferred food source sites. Another commenter stated that the inspection of bark and bark products in bulk for obtaining phytosanitary certificates is unfeasible and that treatment is prohibitively expensive. The commenter also questioned whether sawmills and lumber mills in a Canadian noninfested area could or would be able to provide certification of origin for bark or bark products imported from Canada. This commenter additionally stated that APHIS needs to focus on shipments of bark products entering at the Canadian border as a potential pathway for pest infestation. Under the regulations in § 319.77-4, as amended by this rule, bark and bark products imported from Canada that originate in a Canadian infested area must be accompanied by an officially endorsed Canadian phytosanitary certificate that includes an additional declaration confirming that they have been inspected and found free of gypsy moth or treated for gypsy moth in accordance with the regulations in 7 CFR part 305, or they must be consigned to a specified U.S. processing plant or mill operating under a compliance agreement with APHIS for specified handling or processing. If bark or bark products originate in a Canadian noninfested area, they must be accompanied by a certification of origin stating that they were produced in an area of Canada where gypsy moth is not known to occur. Under the regulations in § 301.45-4, sawmills, lumber mills, and any other person engaged in growing, handling or moving regulated articles in Canadian noninfested areas can enter into a written compliance agreement with APHIS in which the person agrees to comply with the provisions of this part. An inspector, or a qualified certified applicator or any other person operating in accordance with a compliance agreement can issue the certification of origin, affirming that a specified regulated article is eligible for interstate movement in accordance with this subpart. We believe that the measures described in this rule with regard to importation and movement of bark and bark products at the Canadian border provide the necessary safeguarding measures to limit the artificial spread of gypsy moth in the United States. In a collateral issue, one commenter raised concerns about the current entry requirements in APHIS' Canadian Border Manual with respect to stone and quarry products. The commenter requested that we amend the Canadian Border Manual to remove the requirement for phytosanitary certificates for stone and quarry products moving from infested to uninfested areas, as U.S. authorities at the border ask for certifications based on requirements found in the Canadian Border Manual, but there are no such certificate requirements extant in the regulations. Quarry products fall outside the scope of this rulemaking. However, this issue will be examined and addressed as appropriate. Therefore, for the reasons given in the proposed rule and in this document, we are adopting the proposed rule as a final rule, with the change discussed in this document. Executive Order 12866 and Regulatory Flexibility Act This rule has been reviewed under Executive Order 12866. The rule has been determined to be not significant for the purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget. In this document, we are amending the gypsy moth regulations by removing restrictions on the interstate movement of wood chips, which do not pose a risk of containing gypsy moth egg masses, and by adding restrictions on the movement and importation of bark and bark products, which pose a risk of containing gypsy moth egg masses. In addition, we are extending by 2 months the period during which regulated articles originating outside of any generally infested area must be safeguarded from infestation in order to be eligible for interstate movement directly through any generally infested area without a certificate or permit. These changes are necessary to update the provisions in the regulations to ensure consistent actions by APHIS, our cooperators, and industry in order to limit the artificial spread of gypsy moth. The U.S. forest industry employs close to 1.4 million people and contributes approximately $200 billion annually to the national economy. 3 Although the United States is a net importer of wood and wood products, wood exports totaled $5.24 billion in 2001. The gypsy moth is a pest of concern for the U.S. forest industry. Defoliation of trees by gypsy moths often results in the death of the trees, which leads to economic loss, changes in ecosystems and wildlife habitat, and disturbed water flow and water quality. Economic costs to the U.S. forest industry, in addition to the costs of timber losses and pest control, can also arise from trade reductions as importing countries impose protective restrictions on access to their markets for wood products. Gypsy moths are already causing losses in quarantined areas in the United States. Annual losses attributable to gypsy moths are estimated to be about $22 million. 4 Thus, any spread of gypsy moth to areas currently free from that pest could have a negative economic and environmental impact. The changes in this final rule are necessary to limit the artificial spread of the gypsy moth. 3 Southeastern Lumber Manufactruers Association, Inc., U.S. Forest Products Industry Statistics ( *http://www.slma.org/stats_us.shtml* ). 4 David Pimentel, Lori Latch, Rodolfo Zuniga, and Doug Morrison, “Environmental and Economic Costs Associated with Non-indigenous Species in the United States,” College of Agriculture and Life Sciences, Cornell University, Ithaca, NY 14850-0901, June 12, 1999. Interstate Movement Restrictions The changes to the domestic gypsy moth regulations will affect sawmills, pulp mills, and nurseries and garden centers that are involved in the interstate movement of wood chips and bark and bark products from gypsy moth generally infested areas. Restrictions will no longer apply to the movement of wood chips, but entities involved in the interstate movement of bark and bark products will be required to have each shipment of bark or bark products inspected or treated under the direction of an inspector, or self-inspect and certify each shipment in accordance with the Gypsy Moth Program Manual, no more than 5 days prior to moving it from a generally infested area to an area that is not generally infested. While self-inspection minimizes regulatory costs and time delay costs, other costs associated with time, salary, and recordkeeping could be incurred. The Small Business Administration
(SBA)has established size standards based on the North American Industry Classification System (NAICS) to determine and to classify which economic entities can be considered small entities. The SBA classifies sawmills as small if they employ 500 or fewer employees. Pulp mills are considered small if they employ 750 or fewer employees. Nursery and garden centers are considered small if their annual sales are less than $6 million. In 1997, the most recent year for which data are available, there were 1,678 sawmills (NAICS code 321113) in quarantined States, 5 9 pulp mills (NAICS code 322110) in generally infested areas, and 3,446 nursery and garden centers (NAICS code 444220) in generally infested areas of the United States. Approximately 93 percent of those sawmills, 95 percent of those nursery and garden centers, and 93 percent of those pulp mills are considered to be small entities under the SBA's standards. 6 5 Information on the number of sawmills is avaialble at the State level only. County information is withheld to avoid disclosing data for individual establishments. This may result in an overestimate of the number of affected entities because not all counties within quarantined States are in generally infested areas. 6 U.S. Census Bureau, 1997 Economic Census: Manufacturing and Retail Geographic Area Series, November 1999 (revised November 2002). In 1997, sawmills in quarantined States produced 2,896,170 tons of primary bark residue (see table 1), which was approximately 12 percent of the national total. 7 However, these data do not include the bark residue produced in urban areas and by land clearing operations. Additionally, most commercially available bark and mulch products are not produced at sawmills. Independent bark and mulch producers buy bark and wood residue from sawmills, reprocess the material, and then sell it in bulk or bagged. The number and size of these independent entities are not available. The impact upon these entities would depend upon what proportion of their business is bark mulch and what percentage of that is shipped to areas that are not generally infested. The higher the percentage shipped to areas that are not generally infested, the greater the negative effect would be. 7 W.B. Smith, John S. Visage, David R. Darr, and Raymond M. Sheffield, Forest Resources of the United States, 1997. Table 1.—Potentially Affected Entities and Bark Residue Production Generally infested areas U.S. total Sawmills 1 1,678 4,390 Pulp mills 9 36 Nursery and garden centers 3,446 16,432 Primary bark residue production
(tons)2,896,170 24,528,380 1 Information about the number of sawmills is available at the State level only. County data is withheld to avoid disclosing data for individual establishments. This may result in an overestimate of the number of affected entities because not all counties within quarantined States are in generally infested areas. Source: U.S. Census Bureau, 1997 Economic Census: Manufacturing and Retail Geographic Area Series, November 1999 (revised November 2002). Note: Primary bark residue production data from USDA/FS, “Bark and wood residue production in gypsy moth quarantined States in 2000,” Lew R. McCreery, Economic Action Program, USDA/FS Northeastern Area. The potential economic effects of these changes will vary by State, depending on the number and size of entities to be regulated, the levels of infestation, the quantity of shipments to areas that are not generally infested, and whether delays occur and whether treatment is needed. Entities most likely to be affected by the changes are those that produce bark products and wood chips and independent mulch and bark producers. There will be opposing results. Removal of wood chips from the list of regulated articles will result in savings, if there had been costs before the changes, while the imposition of restrictions on the movement of bark and bark products may result in additional costs. Since entities located in generally infested areas produce a relatively smaller share of bark residue, as shown in table 1, most shipments of bark products are likely to be small in quantity and to be contained within generally infested areas with very few shipments to areas that are not generally infested. If the inspection of a shipment intended for movement to an area that is not generally infested reveals the presence of gypsy moths, the infested articles would not be eligible for movement unless they were treated or consigned to a facility operating under a compliance agreement with APHIS for specified handling or processing. If treated, fumigation could cost between $100 and $150 per truckload, depending upon the size of the shipment. The need to treat infested bark or bark products may increase business for certified pesticide applicators located in generally infested areas. However, overall, the results of removing wood chips and adding bark and bark products to the list of regulated articles may cancel each other out, resulting in no increase of business for certified applicators. Regional variation is possible. The changes are expected to cause a slight increase in the costs of business for the affected entities. The negative economic impact that may result from the changes is small compared to the potential for harm to related industries and to the U.S. economy as a whole that would result from an increase in the artificial spread of the gypsy moth, however. Benefits from the unrestricted movement of wood chips are expected to either cancel out or be greater than any negative effects of new restrictions on the movement of bark and bark products. Since the changes would not prohibit their movement, regulated articles that meet the requirements of the regulations would continue to enter the market. The overall impact on price and competitiveness is expected to be relatively insignificant. Import Restrictions Under the unmanufactured wood regulations in § 319.40-3, regulated articles, which will now include bark and bark products, to be imported into the United States from Canada are subject to the inspection and other requirements in § 319.40-9 and must be accompanied by an importer document stating that the articles are derived from trees harvested in, and have never been moved outside, Canada. Under § 319.40-9, regulated articles must have been inspected and found free of plant pests or have been treated for pests as required by the inspector before the regulated article may be moved from the port of first arrival. Adding bark and bark products as regulated articles under the regulations related to gypsy moth host material from Canada would mean that bark and bark products to be moved into or through a noninfested area of the United States from an infested area of Canada will have to be accompanied by an officially endorsed Canadian phytosanitary certificate confirming that they have been inspected and found free of gypsy moth or have been treated in accordance with 7 CFR part 305 prior to importation, unless they were destined for a specified U.S. processing plant or mill under compliance agreement with APHIS for specified handling or processing. Because the restrictions that will apply under the regulations for gypsy moth host material from Canada are only slightly more restrictive than the restrictions that have been in place under the unmanufactured wood regulations, requiring certification or treatment prior to importation rather than at the port of first arrival, we do not believe that they will have a significant economic impact. In addition, we could not find any data on the importation of bark or bark products into the United States from Canada, which indicates that there is not a high volume of trade in these articles. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant economic impact on a substantial number of small entities. Executive Order 12988 This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule:
(1)Preempts all State and local laws and regulations that are inconsistent with this rule;
(2)has no retroactive effect; and
(3)does not require administrative proceedings before parties may file suit in court challenging this rule. Paperwork Reduction Act This final rule contains no new information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects 7 CFR Part 301 Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation. 7 CFR Part 319 Coffee, Cotton, Fruits, Imports, Nursery stock, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Rice, Vegetables. Accordingly, we are amending 7 CFR parts 301 and 319 as follows: PART 301—DOMESTIC QUARANTINE NOTICES 1. The authority citation for part 301 continues to read as follows: Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, and 371.3. Section 301.75-15 issued under Sec. 204, Title II, Public Law 106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 issued under Sec. 203, Title II, Public Law 106-224, 114 Stat. 400 (7 U.S.C. 1421 note). 2. Section 301.45-1 is amended as follows: a. By adding, in alphabetical order, definitions of *bark* and *bark products* to read as set forth below. b. In the definition of *regulated articles* , paragraph (2), by removing the words “wood chips” and adding the words “bark and bark products” in their place. § 301.45-1 Definitions. *Bark.* The tough outer covering of the woody stems of trees, shrubs, and other woody plants as distinguished from the cambium and inner wood. *Bark products.* Products containing pieces of bark including bark chips, bark nuggets, bark mulch, and bark compost. § 301.45-4 [Amended] 3. In § 301.45-4, paragraph
(b)is amended by removing the word “June” and adding the word “August” in its place, and paragraph (c)(2) is amended by removing the words “wood chips” and adding the words “bark and bark products” in their place. PART 319—FOREIGN QUARANTINE NOTICES 4. The authority citation for part 319 continues to read as follows: Authority: 7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3. § 319.40-2 [Amended] 5. In § 319.40-2, paragraph
(f)is amended by adding the words “bark and bark products and” before the word “logs”. 6. Section 319.77-2 is amended by redesignating paragraphs
(f)and
(g)as paragraphs
(g)and (h), respectively, and by adding a new paragraph
(f)to read as follows: § 319.77-2 Regulated articles.
(f)Bark and bark products; 7. In § 319.77-4, the introductory text of paragraph (b), including footnote 2; paragraph (b)(1); the introductory text of paragraph (b)(2); the introductory text of paragraph (b)(2)(i); and paragraph (b)(2)(ii) are revised to read as follows: § 319.77-4 Conditions for the importation of regulated articles.
(b)*Bark and bark products and logs and pulpwood with bark attached.* 2
(1)Bark and bark products or logs or pulpwood with bark attached that are destined for a U.S. infested area and that will not be moved through any U.S. noninfested area other than noninfested areas in the counties of Aroostock, Franklin, Oxford, Piscataquis, Penobscot, and Somerset, ME (i.e., areas in those counties that are not listed in § 301.45-3 of this chapter) may be imported from any area of Canada without restriction under this subpart. 2 Bark, bark products, and logs from Canada are also subject to restrictions under “Subpart—Logs, Lumber, and Other Unmanufactured Wood Articles” (§§ 319.40 through 319.40-11 of this part).
(2)Bark and bark products or logs or pulpwood with bark attached that are destined for a U.S. noninfested area or will be moved through a U.S. noninfested area may be imported into the United States from Canada only under the following conditions:
(i)If the bark, bark products, logs, or pulpwood originated in a Canadian infested area, they must be either:
(ii)If the bark, bark products, logs, or pulpwood originated in a Canadian noninfested area, they must be accompanied by a certification of origin stating that they were produced in an area of Canada where gypsy moth is not known to occur. Done in Washington, DC, this 14th day of July 2006. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E6-11431 Filed 7-18-06; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. APHIS-2006-0105] Asian Longhorned Beetle; Removal of Quarantined Area in Illinois AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Interim rule and request for comments. SUMMARY: We are amending the Asian longhorned beetle regulations by removing the Oz Park area in Cook County, IL, from the list of quarantined areas and removing restrictions on the interstate movement of regulated articles from those areas. We have determined that the Asian longhorned beetle no longer presents a risk of spread from that area and that the quarantine and restrictions are no longer necessary. With this change, there are no longer any areas in Illinois that are quarantined because of the Asian longhorned beetle. DATES: This interim rule was effective July 13, 2006. We will consider all comments that we receive on or before September 18, 2006. ADDRESSES: You may submit comments by either of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov* and, in the lower “Search Open Regulations and Federal Actions” box, select “Animal and Plant Health Inspection Service” from the agency drop-down menu, then click on “Submit.” In the Docket ID column, select APHIS-2006-0105 to submit or view public comments and to view supporting and related materials available electronically. Information on using Regulations.gov, including instructions for accessing documents, submitting comments, and viewing the docket after the close of the comment period, is available through the site's “User Tips” link. • *Postal Mail/Commercial Delivery:* Please send four copies of your comment (an original and three copies) to Docket No. APHIS-2006-0105, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that your comment refers to Docket No. APHIS-2006-0105. *Reading Room:* You may read any comments that we receive on this docket in our reading room. The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call
(202)690-2817 before coming. *Other Information:* Additional information about APHIS and its programs is available on the Internet at *http://www.aphis.usda.gov.* FOR FURTHER INFORMATION CONTACT: Mr. Michael B. Stefan, National Coordinator, Pest Detection and Management Programs, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-1236;
(301)734-7338. SUPPLEMENTARY INFORMATION: Background The Asian longhorned beetle (ALB, *Anoplophora glabripennis* ), an insect native to China, Japan, Korea, and the Isle of Hainan, is a destructive pest of hardwood trees. It attacks many healthy hardwood trees, including maple, horse chestnut, birch, poplar, willow, and elm. In addition, nursery stock, logs, green lumber, firewood, stumps, roots, branches, and wood debris of half an inch or more in diameter are subject to infestation. The beetle bores into the heartwood of a host tree, eventually killing the tree. Immature beetles bore into tree trunks and branches, causing heavy sap flow from wounds and sawdust accumulation at tree bases. They feed on, and over-winter in, the interiors of trees. Adult beetles emerge in the spring and summer months from round holes approximately three-eighths of an inch in diameter (about the size of a dime) that they bore through branches and trunks of trees. After emerging, adult beetles feed for 2 to 3 days and then mate. Adult females then lay eggs in oviposition sites that they make on the branches of trees. A new generation of ALB is produced each year. If this pest moves into the hardwood forests of the United States, the nursery, maple syrup, and forest product industries could experience severe economic losses. In addition, urban and forest ALB infestations will result in environmental damage, aesthetic deterioration, and a reduction in public enjoyment of recreational spaces. The ALB regulations in 7 CFR 301.51-1 through 301.51-9 (referred to below as the regulations) restrict the interstate movement of regulated articles from quarantined areas to prevent the artificial spread of ALB to noninfested areas of the United States; quarantined areas are listed in § 301.51-3 of the regulations. Portions of Illinois, New Jersey, and New York have been listed as quarantined areas. Removal of Quarantined Areas The regulations recently have listed only one quarantined area in Illinois, the Oz Park area of Cook County. Based on surveys conducted by inspectors of Illinois State and county agencies and by APHIS inspectors, we are removing that area from the list of quarantined areas. The last findings of ALB in the regulated area of Oz Park in Cook County were in November 2003. Since then, no evidence of ALB infestation has been found in that area. Based on our experience, we have determined that sufficient time has passed without finding additional beetles or other evidence of infestation to conclude that ALB constitutes a negligible risk to the Oz Park area. Therefore we are removing the entry for Cook County, IL, from the list of quarantined areas in § 301.51-3(c). With this change, there are no longer any areas in Illinois that are quarantined because of ALB. Immediate Action Immediate action is warranted to relieve restrictions that are no longer necessary. Under these circumstances, the Administrator has determined that prior notice and opportunity for public comment are contrary to the public interest and that there is good cause under 5 U.S.C. 553 for making this action effective less than 30 days after publication in the **Federal Register** . We will consider comments we receive during the comment period for this interim rule (see DATES above). After the comment period closes, we will publish another document in the **Federal Register** . The document will include a discussion of any comments we receive and any amendments we are making to the rule. Executive Order 12866 and Regulatory Flexibility Act This rule has been reviewed under Executive Order 12866. For this action, the Office of Management and Budget has waived its review under Executive Order 12866. We are amending the ALB regulations by removing of Oz Park area within Cook County, IL, from the list of quarantined areas and removing restrictions on the interstate movement of regulated articles from that area. We have determined that the ALB no longer presents a risk of spread from that area and that the quarantine and restrictions are no longer necessary. The Regulatory Flexibility Act requires that agencies consider the economic impact of their rules on small entities, i.e., small businesses, organizations, and governmental jurisdictions. The entities most likely to be affected by this rule include nurserymen, tree care services, firewood retailers, and lawn maintenance businesses in the area being removed from quarantine. In the Oz Park area of Cook County, IL, that we are deregulating in this interim rule, which is about 9 square miles in size, there are at least 71 entities that will be affected by this interim rule. These entities are mainly tree and landscape companies; there are also a few municipalities and wood recycling services. While the size of these 71 entities is unknown, it is reasonable to assume that most are small entities based on Small Business Administration size standards. Any affected entities located within the area removed from quarantine stand to benefit from the interim rule, since they are no longer subject to the restrictions in the regulations. However, our experience with the ALB program in Illinois, New York, and New Jersey has shown that the number and value of regulated articles that are, upon inspection, determined to be infested, and therefore denied a certificate or a limited permit for movement, is small. Thus, any benefit for affected entities in the areas removed from quarantine is likely to be minimal, given that the costs associated with the restrictions that have been relieved were themselves minimal. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant economic impact on a substantial number of small entities. Executive Order 12372 This program/activity is listed in the Catalog of Federal Domestic Assistance under No. 10.025 and is subject to Executive Order 12372, which requires intergovernmental consultation with State and local officials. (See 7 CFR part 3015, subpart V.) Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule:
(1)Preempts all State and local laws and regulations that are inconsistent with this rule;
(2)has no retroactive effect; and
(3)does not require administrative proceedings before parties may file suit in court challenging this rule. Paperwork Reduction Act This interim rule contains no information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects in 7 CFR Part 301 Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation. Accordingly, we are amending 7 CFR part 301 as follows: PART 301—DOMESTIC QUARANTINE NOTICES 1. The authority citation for part 301 continues to read as follows: Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, and 371.3. Section 301.75-15 issued under Sec. 204, Title II, Public Law 106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 issued under Sec. 203, Title II, Public Law 106-224, 114 Stat. 400 (7 U.S.C. 1421 note). § 301.51-3 [Amended] 2. In § 301.51-3, paragraph
(c)is amended by removing the heading “Illinois” and the entry for Cook County. Done in Washington, DC, this 13th day of July 2006. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E6-11430 Filed 7-18-06; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF ENERGY 10 CFR Part 727 48 CFR Parts 904 and 952 RIN 1992-AA27 Computer Security; Access to Information on Department of Energy Computers and Computer Systems AGENCY: Department of Energy. ACTION: Final rule. SUMMARY: The Department of Energy
(DOE)is publishing regulations to codify minimum requirements governing access to information on Department of Energy computers. DATES: This rule is effective August 18, 2006. FOR FURTHER INFORMATION CONTACT: Warren Udy, Acting Associate CIO for Cyber Security, Office of Chief Information Officer, NNSA (NA-65), 1000 Independence Avenue, SW., Washington, DC 20585,
(202)586-1283; Gordon Errington, Acting Associate CIO for Cyber Security, Office of the Chief Information Officer, DOE (IM-1), 1000 Independence Avenue, SW., Washington, DC 20585,
(202)586-9595, or Samuel M. Bradley, Office of General Counsel (GC-53), 1000 Independence Avenue, SW., Washington, DC 20585,
(202)586-6738. SUPPLEMENTARY INFORMATION: I. Background II. Discussion of Comments and Final Rule III. Regulatory Review I. Background Pursuant to the DOE Organization Act (42 U.S.C. 7101, *et seq.* ) and the Atomic Energy Act of 1954
(AEA)(42 U.S.C. 2011, *et. seq.* ), DOE carries out a variety of programs, including defense nuclear programs. DOE performs its defense nuclear program activities in the Washington, DC area, and at locations that DOE controls around the United States, including national laboratories and nuclear weapons production facilities. DOE contractors operate the national laboratories and production facilities. DOE, as the successor agency to the Atomic Energy Commission, has broad responsibilities under the AEA to protect sensitive and classified information and materials involved in the design, production, and maintenance of nuclear weapons (42 U.S.C. 2161-69, 2201). DOE also has a general obligation to ensure that permitting an individual to have access to information classified under the AEA will not endanger the nation's common defense and security (42 U.S.C. 2165b). In addition, various Executive Orders of government-wide applicability require DOE to take steps to protect classified information. Executive Order No. 12958, Classified National Security Information (April 17, 1995), requires the Secretary to establish controls to ensure that classified information is used only under conditions that provide adequate protection and prevent access by unauthorized persons. Executive Order No. 12968, Access to Classified Information (August 2, 1995), requires the Secretary to establish and maintain an effective program to ensure that employee access to classified information is clearly consistent with the interests of national security. However, DOE's obligation to protect information is not limited to classified information and materials involved in the design, production, and maintenance of nuclear weapons. DOE is obligated to protect, according to the requirements of various laws, regulations and directives, information which it creates, collects, and maintains. Much of this information is sensitive but unclassified. In recent years, in order to protect its information, DOE has developed and elaborated policies that limit unauthorized access to DOE computer systems, particularly those used for work with classified information, and assure that no employee misuses the computers assigned for the performance of work-related assignments. DOE has issued these policies in the form of internal directives in the DOE Directives System. These directives apply to DOE employees and to DOE contractors to the extent their contracts require compliance. Directives that apply to DOE contractors are listed in an appendix to the contracts under the standard Laws, Regulations, and DOE Directives clause that is set forth at 48 CFR 970.5204-2. The directives issued by DOE relating to computer security include DOE Notice 205.3, Password Generation, Protection, and Use, which establishes minimum requirements for the generation, protection, and use of passwords to support authentication when accessing classified and unclassified DOE information systems where feasible; and DOE Order 471.2A, Information Security Program, and DOE Manual 471.2-2, Classified Information Systems Security Manual, which require that warning banners appear whenever an individual logs on to a DOE computer. A DOE memorandum signed by the Chief Information Officer on June 17, 1999, requires that the banner inform users that activities on the system are subject to interception, monitoring, recording, copying, auditing, inspection, and disclosure. The banner notifies users that continued use of the system indicates awareness of and consent to such monitoring and recording. Other directives relevant to computer security include DOE O 200.1, Information Management Program; DOE P 205.1, Departmental Cyber Security Management Program; DOE O 205.1, Cyber Security Management Program; DOE O 470.1 Chg 1, Safeguards and Security Program; DOE O 471.1A, Identification and Protection of Unclassified Controlled Nuclear Information; DOE O 5639.8A, Security of Foreign Intelligence Information and Sensitive Compartmented Information Facilities; and DOE O 5670.3, Counterintelligence Program. These directives are available for inspection and downloading at the DOE Web site, *http://www.directives.doe.gov* . Sections 3235 and 3295(c) of the National Defense Authorization Act for Fiscal Year 2000
(NDAA)(50 U.S.C. 2425, 2483(c)) require DOE to promulgate regulations establishing certain requirements for access to information on National Nuclear Security Administration (NNSA or Administration) computers. The key provision in section 3235 requires NNSA employees and contractor employees with access to information on NNSA computers to give written consent for access by an authorized investigative agency to any Administration computer used in the performance of his or her duties during the term of that employment and for a period of three years thereafter. Section 3235(c) defines the term “authorized investigative agency” to mean an agency authorized by law or regulation to conduct a counterintelligence investigation or investigations of persons who are proposed for access to classified information to ascertain whether such persons satisfy the criteria for obtaining and retaining access to such information. The written consent requirement in section 3235(a) is mandatory as it pertains to individuals with access to or use of NNSA computers or computer systems. An individual that does not provide such written consent may not be allowed access to or use of NNSA computers or computer systems. Upon the recommendation of the Administrator of NNSA, the Secretary of Energy has determined that the requirements of section 3235 should be applied to the entire DOE complex. In arriving at this determination, the Secretary took into account that the considerations underlying section 3235 with respect to information on NNSA computers also apply to other information on computers throughout the DOE complex; that the requirements of section 3235 are similar to DOE's present computer access policies; and that DOE and DOE contractor computers outside of the NNSA organization occasionally contain NNSA information. Consistent with section 3235 and general rulemaking authorities in the DOE Organization Act, DOE on March 17, 2005 proposed a new Part 727 to Title 10 of the Code of Federal Regulations
(CFR)to codify computer access policies and, also, proposed conforming amendments to its acquisition regulations that would apply to prime contractors consistent with the terms of their contracts with DOE (70 FR 12974). DOE received written comments from Battelle Energy Alliance, LLC, the management and operating contractor for DOE's Idaho National Laboratory (hereafter “Battelle”) and from Brookhaven Science Associates, the management and operating contractor of Brookhaven National Laboratory (hereafter “Brookhaven”). After carefully considering all issues raised by the comments and making appropriate revisions, DOE today publishes a final rule which codifies the minimum requirements governing access to information on Department of Energy computers. The Secretary has approved this notice of final rulemaking for publication. II. Discussion of Comments and Final Rule This portion of the Supplementary Information discusses the issues raised by the public comments on the proposed rule and any changes to the rule that DOE has made in response to the comments. All of the specific comments relate to provisions of proposed Part 727, although the comments also may apply to the proposed conforming amendments to DOE's acquisition regulations. 1. *Scope and applicability.* Both comments addressed the scope (proposed § 727.1) and the applicability (proposed § 727.3) provisions in the proposed rule and made recommendations for changes. Battelle urged DOE to limit the scope of the rule to classified computer systems because such a limitation would be consistent with the statute and because the benefits from including other DOE computers would be outweighed by implementation costs. It is clear from Battelle's comment that it read the proposed rule to require the obtaining of written consent from members of the public who send e-mail to DOE computers or visit DOE Web sites. Battelle also asked for clarification on whether summer students, domestic and foreign visitors, and collaborators under various types of agreements ( *e.g.* , cooperative research and development agreements, laboratory-directed research and development agreements) were covered by the rule. Brookhaven had similar concerns and recommendations. Its comment states: As currently drafted, the proposed rule would require written acknowledgement of a “no privacy expectation” with anyone seeking to communicate with any computer or computer system owned, supplied or operated by DOE. This would include students, government officials, private individuals and businesses, educational institutions, and the occasional personal email from friends and family. To obtain and maintain written authorization from such a plethora of entities would be unrealistic. Brookhaven, page 1. It also commented that some of the persons who would be covered by the proposed rule are not DOE contractors or subcontractors or employees of DOE contractors or subcontractors and, thus, would not be covered by DOE contracts. DOE has made several revisions to the rule in response to comments on the scope and applicability provisions of the proposed rule. DOE has revised both § 727.1 and § 727.3 to create a new paragraph
(b)in each section to provide that the only provision of Part 727 that applies to a person who uses a DOE computer only by sending an e-mail message to such a computer is § 727.4, the general expectation of privacy provision. Each of those sections now has a paragraph
(a)that covers individuals who are granted access by DOE or DOE contractors and subcontractors to information on DOE computers. In addition, DOE has revised the definition of “individual” in § 727.2 to expressly exclude a member of the public who sends an e-mail message to a DOE computer or who obtains information available to the public on DOE websites. DOE never intended the rule to apply to members of the public who obtain information from publicly accessible websites, nor did it intend provisions, such as the written consent requirement, to apply to members of the public who only e-mail messages to DOE computers. The revised scope and applicability provisions are consistent with section 3235 of the NDAA. Section 3235(a) provides that, at a minimum, DOE's computer access procedures must apply to “any individual who has access to information on an Administration computer” (50 U.S.C. 2425(a)). Section 3235(b) provides that, notwithstanding any other provision of law, “no user of an Administration computer shall have any expectation of privacy in the use of that computer.” (50 U.S.C. 2425(b)). This final rule maintains the statutory distinction between “individuals” granted access to information on DOE computers and other “users” of DOE computers. DOE believes the revisions described above address the concerns raised by the commenters, and it rejects other suggestions for limiting the scope and applicability of the rule. In particular, DOE does not agree with the comment that the rule should be limited to access to classified computers. As explained in the notice of proposed rulemaking (51 FR 12975) and the Background section of this Supplementary Information, the Secretary of Energy has decided that the requirements of section 3235 should be applied to the entire DOE complex because the considerations underlying section 3235 also apply to other information on computers throughout the DOE complex. Also, as discussed in the section below on “Definitions,” DOE has not narrowed the definition of “computer” in other ways to restrict the scope of the rule. 2. *Definitions.* Both commenters addressed the definition of “computer” in proposed § 727.3, which defines the term to mean “desktop computers, portable computers, computer networks (including the DOE network and local area networks at or controlled by DOE organizations), network devices, automated information systems, or other related computer equipment owned by, leased, or operated on behalf of the DOE.” Battelle asked if the term included “Blackberry” devices and cell phones. Brookhaven said the definition was overbroad and would cause a problem for implementing the written acknowledgement and consent requirement in § 727. 5 because “anyone who accesses the [DOE] home page or any individual DOE site's homepage is an individual and user under this rule.” Brookhaven, page 2. DOE has not revised the definition of “computer” in response to these comments. DOE believes the catch-all language in the definition ( *i.e.* , “or other related computer equipment owned by, leased, or operated on behalf of the DOE”) is broad enough to include devices such as a Blackberry device or a cell phone. DOE has previously addressed the Brookhaven comment about the overbreadth of the definition in responding to comments on the proposed rule's scope and applicability provisions. Brookhaven also asked that DOE include a definition of the term “authorized investigative agency” in the rule. DOE agrees with Brookhaven's recommendation that the rule include a definition of “authorized investigative agency” in the final rule. Section 3235(c) of the NDAA contains such a definition, and its omission from the proposed rule was an oversight. The statutory definition is included in § 727.2 of today's rule. 3. *Expectation of privacy.* Proposed § 727.4 would have provided that no user of a DOE computer, including any person who sends an e-mail message to a DOE computer, has any expectation of privacy in the use of that DOE computer. Battelle asked several questions about the proposed expectation of privacy provision, including whether an e-mail from an outside counsel for a DOE contractor to the contractor, otherwise entitled to confidentiality under the attorney-client privilege, would be protected from disclosure to the public. It also asked whether there are circumstances in which DOE or a DOE contractor would be required to provide advance notice that there is no expectation of privacy on DOE computers. Proposed § 727.4 tracked closely the language of section 3235(b) of the NDAA, and DOE has retained the provision in this final rule. While section 3235(b) categorically provides that a user of an Administration computer shall have no expectation of privacy in the use of that computer, there is nothing in the statute or its history that indicates Congress intended to affect disclosure of information to the public under the Freedom of Information Act, 5 U.S.C. 552. Exemption 5 of the Act (5 U.S.C. 552(b)(5)) allows for the exemption from public disclosure documents that are normally privileged in the civil discovery context, which would include attorney-client communications. With regard to Battelle's second question, regarding the circumstances in which DOE or a DOE contractor would be required to provide advance notice that there is no expectation of privacy on DOE computers, the final rule retains the proposed requirement in § 727.5 for an individual granted access to information on a DOE computer to acknowledge in writing that the individual has no expectation of privacy in the use of that computer. Of course, as discussed previously, this requirement of written acknowledgement does not extend to members of the public who only send e-mails to DOE computers. The final rule does not provide for advance notice to such users of DOE computers, nor does DOE think it is feasible to provide such notice. 4. *Written consent.* Proposed § 727.5 would have restricted access to information on a DOE computer to an individual who has:
(1)acknowledged in writing that the individual has no expectation of privacy in the use of a DOE computer; and
(2)consented in writing to permit access by an authorized investigative agency to any DOE computer used by the individual during the period of the individual's access to information on a DOE computer and for a period of three years thereafter. Battelle questioned how a contractor could get written consent from anonymous users and guests on FTP servers and telnet services, or from those searching DOE Web sites. Battelle asked that these situations be covered by exemptions in the final rule. Brookhaven made a similar comment, asking who must obtain written acknowledgments and consents from a non-DOE contractor or its employees. It also questioned how a member of the public who only sends an e-mail to a DOE computer could give consent for inspection of a DOE computer, as would be required by proposed § 727.5. As previously explained in this section of the Supplementary Information, DOE has revised the scope and applicability provisions of the rule to exclude members of the public who send e-mail to DOE computers from the written consent requirement. DOE interprets section 3235(a) of the NDAA to apply to individuals who are granted access to information on a DOE computer by DOE or a DOE contractor or subcontractor. In all cases, the granting of such access will involve the use of passwords. Battelle, in commenting on proposed § 727.6, also asked whether a DOE contractor is required to give each authorized person a password to prevent unauthorized access to its computers or whether a warning screen on the computer would be sufficient. Section 3235(a) provides that “written consent” is required as a condition of being granted access to information on an Administration computer. The statute does not contain any provision giving DOE the discretion to allow use of a warning screen in lieu of a written consent. 5. *Other comment.* Brookhaven urged DOE to not issue a final Part 727 until the on-going implementation of Homeland Security Presidential Directive 12 (HSPD-12), entitled “Policy for a Common Identification Standard for Federal Employees and Contractors,” is completed. HSPD-12 provides for integrated physical access controls for all federally-owned or controlled facilities and information systems. DOE does not accept this recommendation. The provisions of this final rule are written in general language that closely tracks the language in section 3235 of the NDAA, and, in DOE's view, there is little potential for conflict between the requirements of this rule and the implementation of HSPD-12. If such a conflict is revealed when HSPD-12 is fully implemented, DOE will then evaluate the need to amend Part 727. III. Regulatory Review A. National Environmental Policy Act DOE has determined that this final rule is covered under the Categorical Exclusion found in DOE's National Environmental Policy Act regulations at paragraph A.6 of Appendix A to Subpart D, 10 CFR part 1021, which applies to rule makings that are strictly procedural. Accordingly, neither an environmental assessment nor an environmental impact statement is required. B. Executive Order 12866 Section 6 of Executive Order 12866 provides for a review by the Office of Management and Budget's Office of Information and Regulatory Affairs
(OIRA)of a significant regulatory action, which is defined to include an action that may have an effect on the economy of $100 million or more, or adversely affect, in a material way, the economy, competition, jobs, productivity, the environment, public health or safety, or State, local, or tribal governments. Today's regulatory action has been determined not to be a significant regulatory action. Accordingly, this rulemaking is not subject to review under that Executive Order by OIRA. C. Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) requires preparation of an initial regulatory flexibility analysis for any rule that by law must be proposed for public comment, unless the agency certifies that the rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. As required by Executive Order 13272, “Proper Consideration of Small Entities in Agency Rulemaking,” 67 FR 53461 (August 16, 2002), DOE published procedures and policies on February 19, 2003, to ensure that the potential impacts of its rules on small entities are properly considered during the rulemaking process (68 FR 7990). DOE has made its procedures and policies available on the Office of the General Counsel's Web site: *http://www.gc.doe.gov.* DOE has reviewed today's rule under the provisions of the Regulatory Flexibility Act and the procedures and policies published on February 19, 2003. This rule does not directly regulate small businesses or other small entities. The rule applies only to individuals who use DOE computers. Under the rule, DOE and DOE contractor employees who are granted access to information on DOE computers, or applicants for such positions, are required to execute a written acknowledgment and consent provided by DOE. Although a small number of individuals subject to this rule may work for DOE subcontractors who are small entities, the costs associated with compliance with the rule's requirements will be negligible and in most cases reimbursable under the contract. On the basis of the foregoing, DOE certifies that this final rule will not have a significant economic impact on a substantial number of small entities. Accordingly, DOE has not prepared a regulatory flexibility analysis for this rulemaking. DOE's certification and supporting statement of factual basis will be provided to the Chief Counsel for Advocacy of the Small Business Administration pursuant to 5 U.S.C. 605(b). D. Paperwork Reduction Act This final rule contains a collection of information subject to review and approval by the Office of Management and Budget
(OMB)under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 *et seq.* Section 727.6(b) requires DOE contractors to maintain a file of written acknowledgments and consents executed by its employees and subcontractor employees. This collection of information was submitted to OMB for approval. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB Control Number. E. Unfunded Mandates Reform Act of 1995 The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) generally requires Federal agencies to examine closely the impacts of regulatory actions on State, local, and tribal governments. Subsection 101(5) of title I of that law defines a Federal intergovernmental mandate to include any regulation that would impose upon State, local, or tribal governments an enforceable duty, except a condition of Federal assistance or a duty arising from participating in a voluntary federal program. Title II of that law requires each Federal agency to assess the effects of Federal regulatory actions on State, local, and tribal governments, in the aggregate, or to the private sector, other than to the extent such actions merely incorporate requirements specifically set forth in a statute. Section 202 of that title requires a Federal agency to perform a detailed assessment of the anticipated costs and benefits of any rule that includes a Federal mandate which may result in costs to State, local, or tribal governments, or to the private sector, of $100 million or more. Section 204 of that title requires each agency that proposes a rule containing a significant Federal intergovernmental mandate to develop an effective process for obtaining meaningful and timely input from elected officers of State, local, and tribal governments. This rule does not impose a Federal mandate on State, local or tribal governments, and will not result in the expenditure by State, local, and tribal governments in the aggregate, or by the private sector, of $100 million or more in any one year. Accordingly, no assessment or analysis is required under the Unfunded Mandates Reform Act of 1995. F. Treasury and General Government Appropriations Act, 1999 Section 654 of the Treasury and General Government Appropriations Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family Policymaking Assessment for any proposed rule that may affect family well being. While this final rule applies to individuals who may be members of a family, the rule does not have any impact on the autonomy or integrity of the family as an institution. Accordingly, DOE has concluded that it is not necessary to prepare a Family Policymaking Assessment. G. Executive Order 13132 Executive Order 13132 (64 FR 43255, August 4, 1999) imposes certain requirements on agencies formulating and implementing policies or regulations that preempt State law or that have federalism implications. Agencies are required to examine the constitutional and statutory authority supporting any action that would limit the policymaking discretion of the States and carefully assess the necessity for such actions. DOE has examined this rule and has determined that it would not preempt State law and would not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. No further action is required by Executive Order 13132. H. Executive Order 12988 With respect to the review of existing regulations and the promulgation of new regulations, section 3(a) of Executive Order 12988, Civil Justice Reform, 61 FR 4729 (February 7, 1996), imposes on Executive agencies the general duty to adhere to the following requirements:
(1)Eliminate drafting errors and ambiguity;
(2)write regulations to minimize litigation; and
(3)provide a clear legal standard for affected conduct rather than a general standard and promote simplification and burden reduction. With regard to the review required by section 3(a), section 3(b) of Executive Order 12988 specifically requires that Executive agencies make every reasonable effort to ensure that the regulation:
(1)Clearly specifies the preemptive effect, if any;
(2)clearly specifies any effect on existing Federal law or regulation;
(3)provides a clear legal standard for affected conduct while promoting simplification and burden reduction;
(4)specifies the retroactive effect, if any;
(5)adequately defines key terms; and
(6)addresses other important issues affecting clarity and general draftsmanship under any guidelines issued by the Attorney General. Section 3(c) of Executive Order 12988 requires Executive agencies to review regulations in light of applicable standards in section 3(a) and section 3(b) to determine whether they are met or it is unreasonable to meet one or more of them. DOE has completed the required review and determined that, to the extent permitted by law, the final rule meets the relevant standards of Executive Order 12988. I. Treasury and General Government Appropriations Act, 2001 The Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3516, note) provides for agencies to review most disseminations of information to the public under guidelines established by each agency pursuant to general guidelines issued by OMB. OMB's guidelines were published at 67 FR 8452 (February 22, 2002), and DOE's guidelines were published at 67 FR 62446 (October 7, 2002). DOE has reviewed today's notice under the OMB and DOE guidelines and has concluded that it is consistent with applicable policies in those guidelines. J. Congressional Notification As required by 5 U.S.C. 801, DOE will report to Congress on the promulgation of today's rule prior to its effective date. The report will state that it has been determined that the rule is not a “major rule” as defined by 5 U.S.C. 804(2). List of Subjects 10 CFR Part 727 Classified information, Computers, Contractor employees, Government employees, National defense, Security information. 48 CFR Part 904 Classified information, Government procurement. 48 CFR Part 952 Government procurement, Reporting and recordkeeping requirements. Issued in Washington, DC on July 7, 2006. Clay Sell, Deputy Secretary. For the reasons stated in the preamble, DOE hereby amends Chapter III of title 10 and Chapter 9 of title 48 of the Code of Federal Regulations as set forth below: 1. 10 CFR part 727 is added to read as follows: PART 727—CONSENT FOR ACCESS TO INFORMATION ON DEPARTMENT OF ENERGY COMPUTERS Sec. 727.1 What is the purpose and scope of this part? 727.2 What are the definitions of the terms used in this part? 727.3 To whom does this part apply? 727.4 Is there any expectation of privacy applicable to a DOE computer? 727.5 What acknowledgment and consent is required for access to information on DOE computers? 727.6 What are the obligations of a DOE contractor? Authority: 42 U.S.C. 7101, *et seq.* ; 42 U.S.C. 2011, *et. seq.* ; 50 U.S.C. 2425, 2483; E.O. No. 12958, 60 FR 19825, 3 CFR, 1995 Comp., p. 333; and E.O. 12968, 60 FR 40245, 3 CFR, 1995 Comp., p. 391. § 727.1 What is the purpose and scope of this part?
(a)The purpose of this part is to establish minimum requirements applicable to each individual granted access to a DOE computer or to information on a DOE computer, including a requirement for written consent to access by an authorized investigative agency to any DOE computer used in the performance of the individual's duties during the term of that individual's employment and for a period of three years thereafter.
(b)Section 727.4 of this part also applies to any person who uses a DOE computer by sending an e-mail message to such a computer. § 727.2 What are the definitions of the terms used in this part? For purposes of this part: *Authorized investigative agency* means an agency authorized by law or regulation to conduct a counterintelligence investigation or investigations of persons who are proposed for access to classified information to ascertain whether such persons satisfy the criteria for obtaining and retaining access to such information. *Computer* means desktop computers, portable computers, computer networks (including the DOE network and local area networks at or controlled by DOE organizations), network devices, automated information systems, or other related computer equipment owned by, leased, or operated on behalf of the DOE. *DOE* means the Department of Energy, including the National Nuclear Security Administration. *DOE computer* means any computer owned by, leased, or operated on behalf of the DOE. *Individual* means an employee of DOE or a DOE contractor, or any other person who has been granted access to a DOE computer or to information on a DOE computer, and does not include a member of the public who sends an e-mail message to a DOE computer or who obtains information available to the public on DOE Web sites. *User* means any person, including any individual or member of the public, who sends information to or receives information from a DOE computer. § 727.3 To whom does this part apply?
(a)This part applies to DOE employees, DOE contractors, DOE contractor and subcontractor employees, and any other individual who has been granted access to a DOE computer or to information on a DOE computer.
(b)Section 727.4 of this part also applies to any person who uses a DOE computer by sending an e-mail message to such computer. § 727.4 Is there any expectation of privacy applicable to a DOE computer? Notwithstanding any other provision of law (including any provision of law enacted by the Electronic Communications Privacy Act of 1986), no user of a DOE computer shall have any expectation of privacy in the use of that DOE computer. § 727.5 What acknowledgment and consent is required for access to information on DOE computers? An individual may not be granted access to information on a DOE computer unless:
(a)The individual has acknowledged in writing that the individual has no expectation of privacy in the use of a DOE computer; and
(b)The individual has consented in writing to permit access by an authorized investigative agency to any DOE computer used during the period of that individual's access to information on a DOE computer and for a period of three years thereafter. § 727.6 What are the obligations of a DOE contractor?
(a)A DOE contractor must ensure that neither its employees nor the employees of any of its subcontractors has access to information on a DOE computer unless the DOE contractor has obtained a written acknowledgment and consent by each contractor or subcontractor employee that complies with the requirements of § 727.5 of this part.
(b)A DOE contractor must maintain a file of original written acknowledgments and consents executed by its employees and all subcontractors employees that comply with the requirements of § 727.5 of this part.
(c)Upon demand by the cognizant DOE contracting officer, a DOE contractor must provide an opportunity for a DOE official to inspect the file compiled under this section and to copy any portion of the file.
(d)If a DOE contractor violates the requirements of this section with regard to a DOE computer with Restricted Data or other classified information, then the DOE contractor may be assessed a civil penalty or a reduction in fee pursuant to section 234B of the Atomic Energy Act of 1954 (42 U.S.C. 2282b). 2. The authority citation for Parts 904 and 952 continues to read as follows: Authority: 42 U.S.C. 2201, 2282a, 2282b, 2282c, 7101 *et seq.* ; 41 U.S.C. 418b; 50 U.S.C. 2401 *et seq.* PART 904—ADMINISTRATIVE MATTERS 3. Section 904.404 is amended by adding a new paragraph (d)(7) to read as follows: 904.404 Solicitation provision and contract clause. [DOE coverage—paragraph (d)].
(d)* * *
(7)Computer Security, 952.204-77. This clause is required in contracts in which the contractor may have access to computers owned, leased or operated on behalf of the Department of Energy. PART 952—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 4. Section 952.204-77 is added to read as follows: 952.204-77 Computer Security. As prescribed in 904.404(d)(7), the following clause shall be included: Computer Security (AUG 2006)
(a)*Definitions.*
(1)*Computer* means desktop computers, portable computers, computer networks (including the DOE Network and local area networks at or controlled by DOE organizations), network devices, automated information systems, and or other related computer equipment owned by, leased, or operated on behalf of the DOE.
(2)*Individual* means a DOE contractor or subcontractor employee, or any other person who has been granted access to a DOE computer or to information on a DOE computer, and does not include a member of the public who sends an e-mail message to a DOE computer or who obtains information available to the public on DOE Web sites.
(b)*Access to DOE computers.* A contractor shall not allow an individual to have access to information on a DOE computer unless:
(1)The individual has acknowledged in writing that the individual has no expectation of privacy in the use of a DOE computer; and,
(2)The individual has consented in writing to permit access by an authorized investigative agency to any DOE computer used during the period of that individual's access to information on a DOE computer, and for a period of three years thereafter.
(c)*No expectation of privacy* . Notwithstanding any other provision of law (including any provision of law enacted by the Electronic Communications Privacy Act of 1986), no individual using a DOE computer shall have any expectation of privacy in the use of that computer.
(d)*Written records.* The contractor is responsible for maintaining written records for itself and subcontractors demonstrating compliance with the provisions of paragraph
(b)of this section. The contractor agrees to provide access to these records to the DOE, or its authorized agents, upon request.
(e)*Subcontracts.* The contractor shall insert this clause, including this paragraph (e), in subcontracts under this contract that may provide access to computers owned, leased or operated on behalf of the DOE. (End of Clause) [FR Doc. 06-6319 Filed 7-18-06; 8:45 am]
Connectionstraces to 24
Traces to 24 documents
23 references not yet in our index
  • 7 CFR 301.45
  • 7 CFR 319.77-1
  • 7 CFR 319.40
  • 7 CFR 305
  • 7 CFR 301
  • 7 CFR 319
  • 7 USC 7701-7772
  • 7 CFR 2.22
  • Pub. L. 106-113
  • Pub. L. 106-224
  • 114 Stat. 400
  • 7 CFR 301.51-1
  • 7 CFR 3015
  • 10 CFR 727
  • 42 USC 2161-69
  • 42 USC 2165b
  • 48 CFR 970.5204-2
  • 10 CFR 1021
  • Pub. L. 104-4
  • Pub. L. 105-277
  • 48 CFR 904
  • 48 CFR 952
  • 41 USC 418b
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U.S.C.§ 3501
U.S.C.§ 1421
U.S.C.§ 450
U.S.C.§ 136
U.S.C.§ 553
Fed. Reg.Notices
U.S.C.§ 7101
Cite7 CFR 301.45
Cite7 CFR 319.77-1
Cite7 CFR 319.40
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