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Code · REGISTER · 2007-01-24 · FEDERAL COMMUNICATIONS COMMISSION · Rules and Regulations

Rules and Regulations. Proposed Notice of Revised System of Records

7,571 words·~34 min read·/register/2007/01/24/07-311

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BILLING CODE 6712-01-M FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Submitted to OMB for Review and Approval January 12, 2007. SUMMARY: The Federal Communications Commissions, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number.
No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act
(PRA)that does not display a valid control number. Comments are requested concerning
(a)whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility;
(b)the accuracy of the Commission's burden estimate;
(c)ways to enhance the quality, utility, and clarity of the information collected; and
(d)ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. DATES: Written comments should be submitted on or before February 23, 2007. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible. ADDRESSES: You may submit your Paperwork Reduction Act
(PRA)comments by e-mail or U.S. postal mail. To submit your comments by e-mail send them to *PRA@fcc.gov.* To submit your comments by U.S. mail, mark them to the attention of Cathy Williams, Federal Communications Commission, Room 1-C823, 445 12th Street, SW., Washington, DC 20554 and Allison E. Zaleski, Office of Management and Budget (OMB), Room 10236 NEOB, Washington, DC 20503,
(202)395-6466 or via the Internet at *Allison_E._Zaleski@omb.eop.gov* . FOR FURTHER INFORMATION CONTACT: For additional information about the information collection(s) send an e-mail to *PRA@fcc.gov* or contact Cathy Williams at
(202)418-2918. If you would like to obtain a copy of the information collection, you may do so by visiting the FCC PRA Web page at: *http://www.fcc.gov/omd/pra.* SUPPLMENTARY INFORMATION: *OMB Control Number:* 3060-0029. *Title:* Application for TV Broadcast Station License; Application for Construction Permit for Reserved Channel Noncommercial Educational
(NCE)Broadcast Station; Application for Authority to Construct or Make Changes in an FM Translator or FM Booster Station. *Form Number:* FCC Forms 302-TV, 340 and 349. *Type of Review:* Revision of a currently approved collection. *Respondents:* Business or other for-profit entities; Not-for-profit institutions; State, local or tribal government. *Number of Respondents:* 2,785. *Estimated Time per Response:* 0.50-4 hours. *Frequency of Response:* On occasion reporting requirement; Third party disclosure requirement. *Obligation to Respond:* Required to obtain or retain benefits. *Total Annual Burden:* 8,370 hours. *Total Annual Cost:* $19,389,625. *Privacy Impact Assessment:* No impact(s). *Nature and Extent of Confidentiality:* There is no need for confidentiality. *Needs and Uses:* On November 3, 2006, the Commission adopted the Report and Order (“R&O”), Revision of Procedures Governing Amendments to FM Table of Allotments and Changes of Community of License in the Radio Broadcast Services, MB Docket 05-210, FCC 06-163. In this R&O, the Commission extended to noncommercial educational FM licensees and permittees the same ability to request changes of community of license by first come-first served minor modification application as was being granted to other commercial full-service AM standard band and FM licensees and permittees. Previously, because a change in an NCE station's community of license was considered a major modification in the station's facilities, an NCE applicant had to await the opening of an announced Noncommercial Educational
(NCE)new and major change application filing window. Filing on a first-come first-served basis will significantly reduce the risk of application mutual exclusivity. The application of this new procedure to NCE stations was not proposed in the Notice of Proposed Rule Making in this proceeding, but the Commission found it to be a logical outgrowth of a proposal in that proceeding based on comments received, and accordingly adopted the change in the R&O. Thus, the Commission proposes to revise FCC Form 340 to accommodate NCE applicants who seek to change their NCE station's community of license by minor modification application. Specifically, the Commission revises the FCC Form 340 to reflect the requirement that NCE applicants employing this procedure must include an exhibit demonstrating that the proposed community of license change comports with the fair, efficient and equitable distribution of radio service policies under Section 307(b) of the Communications Act of 1934, as amended. NCE applicants proposing a change in community of license must provide Section 307(b) information demonstrating the merits of locating the station in the new community, as opposed to the current community of license. This form, FCC Form 340, is the only form being revised by the FCC's action in this information collection. FCC Forms 302-TV and 349 remain unchanged. FCC Form 302-TV is used by licensees and permittees of TV broadcast stations to obtain a new or modified station license and/or to notify the Commission of certain changes in the licensed facilities of these stations. FCC 340 is used to apply for authority to construct a new noncommercial educational FM or TV station or to make changes in the existing facilities of such a station. The FCC 340 is to be used if the broadcast station will operate on a channel that is reserved exclusively for noncommercial educational use and on non-reserved channels if the applicant proposes to build and operate a NCE station. FCC Form 349 is used to apply for authority to construct a new FM translator or FM booster broadcast station, or to make changes in the existing facilities of such stations. This form also includes the third party disclosure requirement of 47 CFR 73.3580 (3060-0031). Section 73.3580 requires local public notice in a newspaper of general circulation of all application filings for new or major change in facilities. This notice must be completed within 30 days of the tendering of the application. This notice must be published at least twice a week for two consecutive weeks in a three-week period. A copy of this notice must be placed in the public inspection file along with the application. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E7-723 Filed 1-23-07; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Submitted to OMB for Review and Approval January 19, 2007. SUMMARY: The Federal Communications Commissions, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act
(PRA)that does not display a valid control number. Comments are requested concerning
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility;
(b)the accuracy of the Commission's burden estimate;
(c)ways to enhance the quality, utility, and clarity of the information collected; and
(d)ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. DATES: Written comments should be submitted on or before February 23, 2007. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible. ADDRESSES: You may submit your Paperwork Reduction Act
(PRA)comments by e-mail or U.S. postal mail. To submit your comments by e-mail send them to *PRA@fcc.gov.* To submit your comments by U.S. mail, mark them to the attention of Cathy Williams, Federal Communications Commission, Room 1-C823, 445 12th Street, SW., Washington, DC 20554 and Allison E. Zaleski, Office of Management and Budget (OMB), Room 10236 NEOB, Washington, DC 20503,
(202)395-6466 or via the Internet at *Allison_E._Zaleski@omb.eop.gov* . FOR FURTHER INFORMATION CONTACT: For additional information about the information collection(s) send an e-mail to *PRA@fcc.gov* or contact Cathy Williams at
(202)418-2918. If you would like to obtain a copy of the information collection, you may do so by visiting the FCC PRA Web page at: *http://www.fcc.gov/omd/pra.* SUPPLMENTARY INFORMATION: *OMB Control Number:* 3060-0692. *Title:* Home Wiring Provisions. *Form Number:* Not applicable. *Type of Review:* Extension of a currently approved collection. *Respondents:* Individuals or households; Business or other for-profit entities. *Number of Respondents:* 22,500. *Estimated Time per Response:* 5 minutes-20 hours. *Frequency of Response:* Recordkeeping requirement; On occasion reporting requirement; Annual reporting requirement; Third party disclosure requirement. *Obligation to Respond:* Required to obtain or retain benefits. *Total Annual Burden:* 46,114 hours. *Total Annual Cost:* None. *Privacy Impact Assessment:* No impact(s). *Nature and Extent of Confidentiality:* There is no need for confidentiality. *Needs and Uses:* This information collection accounts for the information collection requirement stated in 47 CFR 76.613, where MVPDs causing harmful signal interference may be required by the Commission's engineer in charge
(EIC)to prepare and submit a report regarding the cause(s) of the interference, corrective measures planned or taken, and the efficacy of the remedial measures. 47 CFR 76.620 applies the Commission's signal leakage rules to all non-cable MVPDs. Our rules require that each cable system perform an independent signal leakage test annually, therefore, non-cable MVPDs will now be subject to the same requirement, although the Second Order on Reconsideration, FCC 03-9, has exempted small non-cable MVPDs. We recognize, however, that immediate compliance with these requirements may present hardships to existing non-cable MVPDs not previously subject to such rules. We will allow a five-year transition period from the effective date of these rules to afford non-cable MVPDs time to comply with our signal leakage rules other than 47 CFR 76.613. The transition period will apply only to systems of those non-cable MVPDs that have been substantially built as of January 1, 1998. 47 CFR 76.802, Disposition of Cable Home Wiring, gives individual video service subscribers in single unit dwellings and MDUs the opportunity to purchase their cable home wiring at replacement cost upon voluntary termination of service. In calculating hour burdens for notifying individual subscribers of their purchase rights, we make the following assumptions:
(1)There are approximately 20,000 MVPDs serving approximately 72,000,000 subscribers in the United States.
(2)The average rate of churn (subscriber termination) for all MVPDs is estimated to be 1% per month, or 12% per year.
(3)MVPDs own the home wiring in 50% of the occurrences of voluntary subscriber termination.
(4)Subscribers or property owners already have gained ownership of the wiring in the other 50% of occurrences ( *e.g.* , where the MVPD has charged the subscriber for the wiring upon installation, has treated the wiring as belonging to the subscriber for tax purposes, or where state and/or local law treats cable home wiring as a fixture).
(5)Where MVPDs own the wiring, we estimate that they intend to actually remove the wiring 5% of the time, thus initiating the disclosure requirement. We believe in most cases that MVPDs will choose to abandon the home wiring because the cost and effort required to remove the wiring generally outweigh its value. The burden to disclose the information at the time of termination will vary depending on the manner of disclosure, *e.g.* , by telephone, customer visit or registered mail. Virtually all voluntary service terminations are done by telephone. In addition, 47 CFR 76.802 states that if a subscriber in an MDU declines to purchase the wiring, the MDU owner or alternative provider (where permitted by the MDU owner) may purchase the home wiring where reasonable advance notice has been provided to the incumbent.
(1)According to the 2000 U.S. Census, the nation's population was approximately 281,000,000.
(2)The American Housing Survey for the United States, 2001, Table 2-25, and the 2000 Census stated that the total number of living units of all types in the United States was approximately 106,000,000, or an average of 2.65 people per unit.
(3)The American Housing Survey also estimated that 24,600,000 occupied housing units were classified as “multi-units,” that is, they are in MDUs with two or more units per building.
(4)The American Housing Survey data also found that there were approximately 7,600,000 buildings classified as MDUs in the United States.
(5)Approximately 66,000,000 people resided in these 24,600,000 occupied housing units in these MDUs in 2000.
(6)We estimate that 2,000 MDU owners will provide advance notice to the incumbent MVPD that the MDU owner wishes to use the home run wiring to receive service from an alternative video service provider. 47 CFR 76.802 also states that, to inform subscribers of per-foot replacement costs, MVPDs may develop replacement cost schedules based on readily available information; if the MVPD chooses to develop such schedules, it must place them in a public file available for public inspection during regular business hours. We estimate that 50% of MVPDs will develop such cost schedules to place in their public files. Virtually all individual subscribers terminate service via telephone, and few subscribers are anticipated to review cost schedules on public file. 47 CFR 76.804 Disposition of Home Run Wiring. We estimate the burden for notification and election requirements for building-by-building and unit-by-unit disposition of home run wiring as described below. Note that these requirements apply only when an MVPD owns the home run wiring in an MDU and does not (or will not at the conclusion of the notice period) have a legally enforceable right to remain on the premises against the wishes of the entity that owns or controls the common areas of the MDU or have a legally enforceable right to maintain any particular home run wire dedicated to a particular unit on the premises against the MDU owner's wishes. We use the term “MDU owner” to include whatever entity owns or controls the common areas of an apartment building, condominium or cooperative. For building-by-building disposition of home run wiring, the MDU owner gives the incumbent service provider a minimum of 90 days' written notice that its access to the entire building will be terminated. The incumbent then has 30 days to elect what it will do with the home run wiring. Where parties negotiate a price for the wiring and are unable to agree on a price, the incumbent service provider must elect among abandonment, removal of the wiring, or arbitration for a price determination. Also, regarding cable home wiring, when the MDU owner notifies the incumbent service provider that its access to the building will be terminated, the incumbent provider must, within 30 days of the initial notice and in accordance with our home wiring rules:
(1)Offer to sell to the MDU owner any home wiring within the individual dwelling units which the incumbent provider owns and intends to remove, and
(2)Provide the MDU owner with the total per-foot replacement cost of such home wiring. The MDU owner must then notify the incumbent provider as to whether the MDU owner or an alternative provider intends to purchase the home wiring not later than 30 days before the incumbent's access to the building will be terminated. For unit-by-unit disposition of home run wiring, an MDU owner must provide at least 60 days' written notice to the incumbent MVPD that it intends to permit multiple MVPDs to compete for the right to use the individual home run wires dedicated to each unit. The incumbent service provider then has 30 days to provide the MDU owner with a written election as to whether, for all of the incumbent's home run wires dedicated to individual subscribers who may later choose the alternative provider's service, it will remove the wiring, abandon the wiring, or sell the wiring to the MDU owner. In other words, the incumbent service provider will be required to make a single election for how it will handle the disposition of individual home run wires whenever a subscriber wishes to switch service providers; that election will then be implemented each time an individual subscriber switches service providers. Where parties negotiate a price for the wiring and are unable to agree on a price, the incumbent service provider must elect among abandonment, removal of the wiring, or arbitration for a price determination. The MDU owner also must provide reasonable advance notice to the incumbent provider that it will purchase, or that it will allow an alternative provider to purchase, the cable home wiring when a terminating individual subscriber declines. If the alternative provider is permitted to purchase the wiring, it will be required to make a similar election during the initial 30-day notice period for each subscriber who switches back from the alternative provider to the incumbent MVPD. While the American Housing Survey estimates that there were some 7,600,000 MDUs with 24,600,000 resident occupants in the United States in 2000, we estimate that there will be only 12,500 notices and 12,500 elections being made on an annual basis. In many buildings, the MDU owner will be unable to initiate the notice and election processes because the incumbent MVPD service provider continues to have a legally enforceable right to remain on the premises. In other buildings, the MDU owner may simply have no interest in acquiring a new MVPD service provider. *OMB Control Number:* 3060-1032. *Title:* Commercial Availability of Navigation Devices and Compatibility Between Cable Systems and Consumer Electronics Equipment, CS Docket No. 97-80 and PP Docket No. 00-67. *Form Number:* Not applicable. *Type of Review:* Revision of a currently approved collection. *Respondents:* Business or other for-profit entities. *Number of Respondents:* 611. *Estimated Time per Response:* 30 seconds-40 hours. *Frequency of Response:* Recordkeeping requirement; On occasion reporting requirement; Third party disclosure requirement. *Obligation to Respond:* Voluntary. *Total Annual Burden:* 97,928 hours. *Total Annual Cost:* None. *Privacy Impact Assessment:* No impact(s). *Nature and Extend of Confidentiality:* There is no need for confidentiality. *Needs and Uses:* On March 17, 2005, the FCC released a Second Report and Order (2005 Deferral Order), In the Matter of Implementation of Section 304 of the Telecommunications Act of 1996, Commercial Availability of Navigation Devices, CS Docket No. 97-80, FCC 05-76, in which the Commission set forth reporting requirements for certain cable providers, the National Cable and Telecommunications Association (NCTA), and the Consumer Electronics Association (CEA). The cable providers are responsible for filing status reports regarding deployment and support of point of deployment modules, more commonly known as CableCARDs. The NCTA and CEA are required to file status reports to keep the FCC abreast of negotiations over bidirectional support and software-based security solutions for digital cable products available at retail. On October 9, 2003, the FCC released the Second Report and Order and Second Further Notice of Proposed Rulemaking (2nd R&O), In the Matter of Implementation of Section 304 of the Telecommunications Act of 1996, Commercial Availability of Navigation Devices, Compatibility Between Cable Systems and Consumer Electronics Equipment, CS Docket No. 97-80, PP Docket No. 00-67, FCC 03-225, the Commission adopted final rules that set technical and other criteria that manufacturers would have to meet in order to label or market unidirectional digital cable televisions and other unidirectional digital cable products as “digital cable ready.” This regime includes testing and self-certification standards, certification recordkeeping requirements, and consumer information disclosures in appropriate post-sale materials that describe the functionality of these devices and the need to obtain a security module from their cable operator. To the extent manufacturers have complaints regarding the certification process, they may file formal complaints with the Commission. In addition, should manufacturers have complaints regarding administration of the Dynamic Feedback Arrangement Scrambling Technique or DFAST license which governs the scrambling technology needed to build unidirectional digital cable products, they may also file complaints with the FCC. The 2nd R&O also prohibits MVPDs from encoding content to activate selectable output controls on unidirectional digital cable products, or the down-resolution of unencrypted broadcast television programming. MVPDs are also limited in the levels of copy protection that could be applied to various categories of programming. As a part of these encoding rules is a petition process for new services within existing business models, a PR Newswire Notice relating to initial classification of new business models, and a complaints process for disputes regarding new business models. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E7-1011 Filed 1-23-07; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION [Report No. 2802] Petition for Reconsideration of Action in Rulemaking Proceeding December 28, 2006. A Petition for Reconsideration has been filed in the Commission's Rulemaking proceeding listed in this Public Notice and published pursuant to 47 CFR 1.429(e). The full text of this document is available for viewing and copying in Room CY-B402, 445 12th Street, SW., Washington, DC or may be purchased from the Commission's copy contractor, Best Copy and Printing, Inc.
(BCPI)(1-800-378-3160). Oppositions to this petition must be filed by February 8, 2007. See Section 1.4(b)(1) of the Commission's rules (47 CFR 1.4(b)(1)). Replies to an opposition must be filed within 10 days after the time for filing oppositions have expired. *Subject:* In the Matter of Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations (Port Norris, New Jersey, Fruitland, and Willards, Maryland, Chester, Lakeside, and Warsaw, Virginia) (MB Docket No. 04-409) (RM-11108) (RM-11234). *Number of Petitions Filed:* 1. Marlene H. Dortch, Secretary. [FR Doc. E7-1020 Filed 1-23-07; 8:45 am] BILLING CODE 6712-01-P FEDERAL ELECTION COMMISSION [Notice 2007-1] Privacy Act of 1974; Systems of Records AGENCY: Federal Election Commission. ACTION: Proposed Notice of Revised System of Records. SUMMARY: In accordance with the Privacy Act of 1974, as amended, 5 U.S.C. 552a, the Federal Election Commission (“the Commission” or “the FEC”) is publishing for comment a revised system of records that is maintained by the Commission. The system entitled Inspector General Investigative Records (FEC 12) has been revised to: include additional routine uses (3 through 17); expand the list of “Categories of records in the system;” include additional data elements required for systems of records notices, including “Security Classification,” “Purpose,” “Disclosure to consumer reporting agencies,” and “Exemptions claimed for the system;” and incorporate administrative and technical changes that have taken place since the last publication of FEC systems of records on December 15, 1997. 62 FR 65694. The minor changes include: clarifying the “System location;” adding new language to explain but not increase the “Categories of individuals covered by the system;” clarifying the language for “Storage;” adding new language under “Retrievability;” expanding the “Safeguards;” adding language to “Retention and disposal;” making a technical change to the “System manager(s);” clarifying the “Notification,” “Record access,” and “Contesting record” procedures; and updating the “Record source categories.” The revised system of records should provide improved protection for the privacy rights of individuals. DATES: Comments on the proposed revisions to the existing records system, must be received no later than February 23, 2007. The revisions will be effective March 5, 2007 unless the Commission receives comments that would result in a contrary determination. ADDRESSES: Comments should be addressed in writing to Thomasenia P. Duncan, Privacy Act Officer, Federal Election Commission, 999 E Street, NW., Washington, DC 20463, and must be received by close of business on February 23, 2007. Comments also may be sent via electronic mail to *Privacy@fec.gov.* SUPPLEMENTARY INFORMATION: The primary purpose for this publication is to revise a system of records maintained by the FEC. The FEC has undertaken a review of its Privacy Act system of records, and as a result of this review, the FEC proposes to amend the system entitled Inspector General Investigative Files (FEC 12) to: include additional routine uses (3 through 17); expand the list of “Categories of records in the system;” include additional data elements required in a system of records, including “Security classification,” “Purpose,” “Disclosure to consumer reporting agencies,” and “Exemptions claimed for the system;” and incorporate administrative and technical changes that have taken place since the last publication. The minor changes include: clarifying the “System location;” adding new language to explain but not increase the “Categories of individuals covered by the system;” clarifying the language for “Storage;” adding new language under “Retrievability;” expanding the “Safeguards;” adding language to “Retention and disposal;” making a technical change to the “System manager(s);” clarifying the “Notification,” “Record access,” and “Contesting record” procedures; and updating the “Record source categories.” As required by 5 U.S.C. 552a(r) of the Privacy Act of 1974, as amended, and OMB Circular A-130, Appendix I, the FEC has submitted a report describing the altered system of records covered by this notice to the Office of Management and Budget and to Congress. Dated: January 11, 2007. Robert D. Lenhard, Chairman, Federal Election Commission. Table of Contents FEC 12 Inspector General Investigative Files. FEC 12 System name: Inspector General Investigative Files. Security classification: Records in this system are sensitive but unclassified. System location: Federal Election Commission, Office of the Inspector General (OIG), 999 E Street, NW., Washington, DC 20463. Categories of individuals covered by the system: Individuals who are the subjects of complaints relating to the programs and operations of the Commission. Subjects include, but are not limited to, current and former FEC employees; current and former employees of contractors and subcontractors in their personal capacity, where applicable; and other persons whose actions affect the FEC, its programs or operations. Categories of records in the system: Complaints, referrals from other agencies, correspondence, investigative notes, interviews, statements from witnesses, transcripts taken during investigation, affidavits, copies of all subpoenas issued and responses thereto, interrogatories and responses thereto, reports, internal staff memoranda, staff working papers and other documents and records or copies obtained or relating to complaints and investigations. May include the name, address, telephone number, e-mail address, employment information, and financial records of the subjects. Authority for maintenance of the system: Inspector General Act Amendments of 1988, Pub. L. 100-504, amending the Inspector General Act of 1978, Pub. L. 95-452, 5 U.S.C. app. 3. Purpose(s): These records are used to document the conduct and outcome of inquiries, complaints, and investigations concerning allegations of fraud, waste, and abuse that affect the FEC. The information is used to report the results of investigations to FEC management, contractors, prosecutors, law enforcement agencies, Congress, and others for an action deemed appropriate. These records are used also to retain sufficient information to fulfill reporting requirements and to maintain records related to the OIG's activities. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: These records and information contained in these records may be disclosed as follows: 1. To the Department of Justice when: a. The agency, or any component thereof; or b. Any employee of the agency in his or her official capacity; or c. Any employee of the agency in his or her individual capacity where the Department of Justice has agreed to represent the employee; or d. The United States, where the agency determines that litigation is likely to affect the agency or any of its components, is a party to litigation or has an interest in such litigation, and the use of such reports by the Department of Justice is deemed by the Inspector General, after careful review, to be relevant and necessary to the litigation, provided, however, that in each case the Inspector General determines that disclosure of the records to the Department of Justice is a use of the information contained in the records that is compatible with the purpose for which the records were collected. 2. To disclose them in a proceeding before a court or adjudicative body before which the agency is authorized to appear when: a. The agency, or any component thereof; or b. Any employee of the agency in his or her official capacity; or c. Any employee of the agency in his or her individual capacity where the agency has agreed to represent the employee; or d. The United States, where the agency determines that litigation is likely to affect the agency, or any of its components, is a party to litigation or has an interest in such litigation, and the Inspector General determines that, after careful review, the use of such records is relevant and necessary to the litigation, provided, however, that the Inspector General determines that disclosure of the records is compatible with the purpose for which the records were collected. 3. To the appropriate Federal, foreign, State, local, tribal, or other public authority responsible for enforcing, investigating or prosecuting such violation or charged with enforcing or implementing the statute, rule, regulation, or order issued pursuant thereto, when information indicates a violation or potential violation of law, whether civil, criminal or regulatory in nature, and whether arising by general statute or particular program statute, or by regulation, rule, or order issued pursuant thereto, if the information disclosed is relevant to any enforcement, regulatory, investigative or prosecutorial responsibility of the receiving entity. 4. To any source or potential source from which information is requested in the course of an investigation concerning the retention of an employee or other personnel action (other than hiring), or the retention of a security clearance, contract, grant, license, or other benefit, to the extent necessary to identify the individual, inform the source of the nature and purpose of the investigation, and to identify the type of information requested. 5. To a Federal, State, local, foreign, tribal or other public authority of the fact that this system of records contains information relevant to the retention of an employee, the retention of a security clearance, the letting of a contract, or the issuance or retention of a license, grant, or other benefit. The other agency or licensing organization may then make a request supported by written consent of the individual for the entire record if it so chooses. No disclosure will be made unless the information has been determined to be sufficiently reliable to support a referral to another office within the agency or to another Federal agency for criminal, civil, administrative, personnel, or regulatory action. 6. To the White House in response to an inquiry made at the written request of the individual about whom the record is maintained. Disclosure will not be made until the White House has furnished appropriate documentation of the individual's request, such as a copy of the individual's written request. 7. To a congressional office from the record of an individual in response to an inquiry from the congressional office made at the written request of the individual about whom the record is maintained. Disclosure will not be made until the congressional office has furnished appropriate documentation of the individual's request, such as a copy of the individual's written request. 8. To the National Archives and Records Administration or to the General Services Administration for records management inspections conducted under 44 U.S.C. 2903 and 2904. 9. To agency or OIG contractors (including employees of contractors), grantees, experts, or volunteers who have been engaged to assist the agency or OIG in the performance of a contract, service, grant, cooperative agreement, or other activity related to this system of records and who need to have access to the records in order to perform the activity for the agency or OIG. Recipients shall be required to comply with the requirements of the Privacy Act of 1974, as amended, 5 U.S.C. 552a. 10. To an authorized appeal grievance examiner, formal complaints examiner, equal employment opportunity investigator, arbitrator or other person properly engaged in investigation or settlement of an administrative grievance, complaint, claim, or appeal filed by an employee or former employee, but only to the extent that information is relevant and necessary to the proceeding. Agencies that may obtain information under this routine use include, but are not limited to, the Office of Personnel Management, Office of Special Counsel, Merit Systems Protection Board, Federal Labor Relations Authority, Equal Employment Opportunity Commission, and Office of Government Ethics. 11. To the Office of Personnel Management for matters concerned with oversight activities (necessary for the Office of Personnel Management to carry out its legally-authorized Government-wide personnel management programs and functions) and in their role as an investigation agency. 12. To officials of labor organizations when relevant and necessary to their duties of exclusive representation concerning personnel policies, practices, and matters affecting work conditions. 13. To agencies, offices, or establishments of the executive, legislative, or judicial branch of the Federal or State government after receipt of request and where the records or information is relevant and necessary to a decision on an employee's disciplinary or other administrative action (excluding a decision on hiring). The agency will take reasonable steps to ensure that the records are timely, relevant, accurate, and complete enough to assure fairness to the employee affected by the disciplinary or administrative action. 14. To debt collection contractors to collect debts owed to the Government, as authorized under the Debt Collection Act of 1982, 31 U.S.C. 3718, and subject to the Privacy Act safeguards. 15. To officials who have been engaged to assist the Office of Inspector General in the conduct of inquiries, complaints, and investigations who need to have access to the records in order to perform the work. This disclosure category includes members of the President's Council on Integrity and Efficiency and the Executive Council on Integrity and Efficiency, and officials and administrative staff within their chain of command. Recipients shall be required to comply with the requirements of the Privacy Act. 16. Information may be disclosed to officials charged with the responsibility to conduct qualitative assessment reviews of internal safeguards and management procedures employed in investigative operations. This disclosure category includes members of the President's Council on Integrity and Efficiency, Executive Council on Integrity and Efficiency, and officials and administrative staff within their investigative chain of command, as well as authorized officials of the Department of Justice and the Federal Bureau of Investigation. Recipients shall be required to comply with the requirements of the Privacy Act. 17. To appropriate agencies, entities, and persons when
(1)It is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Commission has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by the Commission or another agency or entity) that rely upon the compromised information; and
(3)the disclosure is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Commission's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. Disclosure to consumer reporting agencies: We may disclose the record or information from this system, pursuant to 5 U.S.C. 552a(b)(12), to consumer reporting agencies as defined in the Fair Credit Reporting Act, 15 U.S.C. 1681a(f) or the Federal Claims Collection Act of 1966, as amended, 31 U.S.C. 3701(a)(3), in accordance with section 3711(f) of Title 31. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Records are stored in both a paper and electronic format. Retrievability: The records may be retrieved by the name of the subject of the complaint/investigation or by a unique control number assigned to each complaint/investigation. Safeguards: The records are maintained in limited access areas within the building. Access is limited to Office of Inspector General employees whose official duties require access. The paper records and electronic information not stored on computers are maintained in lockable cabinets in a locked room. Information stored on computers is on a restricted access server located in a locked room. All electronic records are protected from unauthorized access through appropriate administrative, physical, and technical safeguards. These safeguards include the application of appropriate access control mechanisms to ensure the confidentiality, integrity, and availability of those records are only accessed by those with a need to know and dictated by their official duties. Retention and disposal: These records will be maintained permanently until disposition authority is granted by the National Archives and Records Administration. Upon approval, the records will be retained in accordance with NARA's schedule and disposed of in a secure manner. System manager(s) and address: Inspector General, Federal Election Commission, 999 E Street, NW., Washington, DC 20463, (202/694-1015). Notification procedure: A request for notification of the existence of records may be made in person or in writing to the FEC Inspector General, 999 E Street, NW., Washington, DC 20463. For additional information, refer to the Commission's access regulations at 11 CFR parts 1.1-1.5, 41 FR 43064 (1976). Record access procedures: An individual interested in gaining access to a record pertaining to him or her may make a request in person or in writing to the FEC Inspector General at the following address: 999 E Street, NW., Washington, DC 20463. For additional information, refer to the Commission's access regulations at 11 CFR parts 1.1-1.5, 41 FR 43064 (1976). Contesting record procedures: Individuals interested in contesting the information contained in their records or the denial of access to such information should notify the FEC Inspector General at the following address: 999 E Street, NW., Washington, DC, 20463. For additional information, refer to the Commission's regulations for contesting initial denials for access to or amendment of records, 11 CFR parts 1.7-1.9, 41 FR 43064 (1976). Record source categories: Complaints, subjects, third parties who have been requested to produce relevant information, referring agencies, and OIG personnel assigned to handle complaints/investigations. Exemptions claimed for the system: System exempt under 5 U.S.C. 552a(j)(2) and 5 U.S.C. 552a(k)(2). See 11 CFR 1.14. [FR Doc. E7-955 Filed 1-23-07; 8:45 am] BILLING CODE 6715-01-P FEDERAL MARITIME COMMISSION Notice of Agreements Filed The Commission hereby gives notice of the filing of the following agreements under the Shipping Act of 1984. Interested parties may submit comments on agreements to the Secretary, Federal Maritime Commission, Washington, DC 20573, within ten days of the date this notice appears in the **Federal Register** . Copies of agreements are available through the Commission's Office of Agreements (202-523-5793 or *tradeanalysis@fmc.gov* ). *Agreement No.:* 011654-017. *Title:* Middle East Indian Subcontinent Discussion Agreement. *Parties:* A.P. Moller-Maersk A/S; China Shipping Navigation Co., Ltd. d/b/a Indotrans; CMA CGM S.A.; Emirates Shipping Line FZE; Hapag-Lloyd AG; MacAndrews & Company Limited; Shipping Corporation of India, Ltd.; The National Shipping Company of Saudi Arabia; United Arab Shipping Company (S.A.G.); and Zim Integrated Shipping Services, Ltd. *Filing Party:* Wayne R. Rohde, Esq.; Sher & Blackwell LLP; 1850 M Street, NW., Suite 900; Washington, DC 20036. *Synopsis:* The amendment changes China Shipping Navigation Co.'s name to Swire Shipping Limited and updates that entity's address. *Agreement No.:* 011985. *Title:* CSAV/NYK ECUS-WCSA Space Charter Agreement. *Parties:* Compania Sud Americana de Vapores S.A. and Nippon Yusen Kaisha. *Filing Party:* Wayne R. Rohde, Esq.; Sher & Blackwell LLP; 1850 M Street, NW.; Suite 900; Washington, DC 20036. *Synopsis:* The agreement authorizes CSAV to charter space to NYK for the carriage of motor vehicles on car carriers from Baltimore and Miami to ports in Chile and Peru through February 15, 2007. *Agreement No.:* 011986. *Title:* CMA CGM/MARUBA Central America to Miami Space Charter Agreement. *Parties:* CMA CGM S.A. and MARUBA S.A. *Filing Party:* Paul M. Keane, Esq.; Cichanowicz, Callan, Keane, Vengrow & Textor, LLP; 61 Broadway; Suite 3000; New York, NY 10006-2802. *Synopsis:* The agreement authorizes CMA CGM to charter space to MARUBA between the U.S. East Coast and ports throughout Central America and the Caribbean. By Order of the Federal Maritime Commission. Dated: January 19, 2007. Bryant L. VanBrakle, Secretary. [FR Doc. E7-1000 Filed 1-23-07; 8:45 am] BILLING CODE 6730-01-P FEDERAL MARITIME COMMISSION Ocean Transportation Intermediary License Revocations The Federal Maritime Commission hereby gives notice that the following Ocean Transportation Intermediary licenses have been revoked pursuant to section 19 of the Shipping Act of 1984 (46 U.S.C. chapter 409) and the regulations of the Commission pertaining to the licensing of Ocean Transportation Intermediaries, 46 CFR part 515, effective on the corresponding date shown below: *License Number:* 017096F. *Name:* Aero Costa International, Inc. *Address:* 22010 S. Wilmington Ave., Ste. 208, Carson, CA 90745. *Date Revoked:* December 31, 2006. *Reason:* Failed to maintain a valid bond. *License Number:* 011335N. *Name:* Aeronet, Inc. *Address:* 42 Corporate Park, Ste. 150, Irvine, CA 92606. *Date Revoked:* December 28, 2006. *Reason:* Failed to maintain a valid bond. *License Number:* 007438N. *Name:* Allied Freight Forwarding, Inc. *Address:* 700 Oakmont Lane, Westmont, Il 60559-5546. *Date Revoked:* December 7, 2006. *Reason:* Surrendered license voluntarily. *License Number:* 016233N. *Name:* Amfak Container Line, Inc., Dba Freight Brokers Italia Srl. *Address:* 207 Meadow Road, Edison, NJ 08817. *Date Revoked:* December 4, 2006. *Reason:* Failed to maintain a valid bond. *License Number:* 019591NF. *Name:* Con-Way Global Solutions, Inc. dba Con-Way Air Express. *Address:* 110 Parkland Plaza, Ann Arbor, MI 48103. *Date Revoked:* December 6, 2006. *Reason:* Surrendered license voluntarily. *License Number:* 018742F. *Name:* FMD International Business, Inc. dba Triton Cargo USA. *Address:* 576 NW 87th Terrace, Coral Spring, FL 33071. *Date Revoked:* December 20, 2006. *Reason:* Failed to maintain a valid bond. *License Number:* 000149F. *Name:* M.G. Otero Company, Inc. *Address:* 109 West Lemon Ave., 2nd Floor, Monrovia, CA 91016. *Date Revoked:* December 26, 2006. *Reason:* Failed to maintain a valid bond. *License Number:* 019566F. *Name:* Guomei Ma dba MTEK International. *Address:* 26888 Arcadia Drive, Flat Rock, MI 48134. *Date Revoked:* November 8, 2006. *Reason:* Surrendered license voluntarily. *License Number:* 015924N. *Name:* Normas World Trading Company, Inc. *Address:* 872 Bettina Court, Ste. 203, Houston, TX 77024. *Date Revoked:* December 31, 2006. *Reason:* Failed to maintain a valid bond. *License Number:* 002996F. *Name:* Pecan International Forwarders, Inc. *Address:* 147-02 Farmers Blvd, Jamaica, NY 11434. *Date Revoked:* December 31, 2006. *Reason:* Failed to maintain a valid bond. *License Number:* 002263F. *Name:* St. John Bros., Inc. *Address:* Bldg. #1, East Access Rd., N.O. Int'l. Airport, Kenner, LA 70063. *Date Revoked:* December 20, 2006. *Reason:* Failed to maintain a valid bond. *License Number:* 016535F. *Name:* World Trans Logistic Inc. dba World Air Logistic Co. *Address:* 273 E. Rondondo Beach Blvd., Gardena, CA 90248. *Date Revoked:* December 24, 2006. *Reason:* Failed to maintain a valid bond. Sandra L. Kusumoto, Director, Bureau of Certification and Licensing. [FR Doc. E7-1003 Filed 1-23-07; 8:45 am] BILLING CODE 6730-01-P FEDERAL MARITIME COMMISSION Ocean Transportation Intermediary License Applicants Notice is hereby given that the following applicants have filed with the Federal Maritime Commission an application for license as a Non-Vessel—Operating Common Carrier and Ocean Freight Forwarder—Ocean Transportation Intermediary pursuant to section 19 of the Shipping Act of 1984 as amended (46 U.S.C. Chapter 409 and 46 CFR part 515). Persons knowing of any reason why the following applicants should not receive a license are requested to contact the Office of Transportation Intermediaries, Federal Maritime Commission, Washington, DC 20573. *Non-Vessel—Operating Common Carrier Ocean Transportation Intermediary Applicants:* PATJAM Shipping, Moving and Storage Inc., dba Patrick's Shipping Inc., 3477 NW. 19th Street, Lauderdale Lakes, FL 33311, *Officers:* Patrick McNeil, President (Qualifying Individual), Michael Scarlett, Secretary. Shiplane Transport, Inc., 2620 N. Oak Park, Chicago, IL 60707, *Officers:* Elizabeth Esparza, Vice President, (Qualifying Individual), Peter F. Kennedy, President. Conceptum TBS Projects LLC, 612 E. Grassy Sprain Road, Yonkers, NY 10710, *Officer:* John Broadbent, President (Qualifying Individual). *Non-Vessel-Operating Common Carrier and Ocean Freight Forwarder Transportation Intermediary Applicants:* Loginorth Inc., 7088 NW. 50 Street, Miami, FL 33166, *Officer:* Mario A. De Jesus, President (Qualifying Individual). Eagle Logistic Service, Inc., 708 3rd Avenue, 5th Floor, New York, NY 10017, *Officers:* Ching Leung Cheung, President (Qualifying Individual), Xiao Peng Wei, Vice President. Goal Ocean & Air Logistics Inc., 1817 West 7 Street, Suite 2R, Brooklyn, NY 11223, *Officers:* Cheuk Shing Yu, President, (Qualifying Individual) Yat Sing Tse, Secretary. *Ocean Freight Forwarder—Ocean Transportation Intermediary Applicant:* GAL International Inc., 5070 Parkside Avenue, Suite 3104, Philadelphia, PA 19131, *Officers:* Gbola Laosebikan, President, (Qualifying Indiviual) Ope Blaize, Vice President. Dated: January 19, 2007. Bryant L. VanBrakle, Secretary. [FR Doc. E7-1001 Filed 1-23-07; 8:45 am] BILLING CODE 6730-01-P FEDERAL RESERVE SYSTEM Sunshine Act Meeting AGENCY HOLDING THE MEETING: Board of Governors of the Federal Reserve System. TIME AND DATE: 12:00 p.m., Monday, January 29, 2007. PLACE: Marriner S. Eccles Federal Reserve Board Building, 20th and C Streets, NW., Washington, D.C. 20551. STATUS: Closed. MATTERS TO BE CONSIDERED: 1. Personnel actions (appointments, promotions, assignments, reassignments, and salary actions) involving individual Federal Reserve System employees. 2. Any items carried forward from a previously announced meeting. FOR FURTHER INFORMATION CONTACT: Michelle Smith, Director, or Dave Skidmore, Assistant to the Board, Office of Board Members at 202-452-2955. SUPPLEMENTARY INFORMATION: You may call 202-452-3206 beginning at approximately 5 p.m. two business days before the meeting for a recorded announcement of bank and bank holding company applications scheduled for the meeting; or you may contact the Board's Web site at *http://www.federalreserve.gov* for an electronic announcement that not only lists applications, but also indicates procedural and other information about the meeting. Board of Governors of the Federal Reserve System, January 19, 2007. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. 07-311 Filed 1-19-07; 5:06 pm]
Connectionstraces to 6
11 references not yet in our index
  • Pub. L. 104-13
  • 47 CFR 73.3580
  • 47 CFR 76.613
  • 47 CFR 76.620
  • 47 CFR 76.802
  • 47 CFR 76.804
  • 47 CFR 1.429(e)
  • 47 CFR 1.4(b)(1)
  • Pub. L. 100-504
  • Pub. L. 95-452
  • 46 CFR 515
Citation graph
cites case law
Rules and Regulations
Proposed Notice of Revised System of Records
Pub. L.Pub. L. 104-13
Cite47 CFR 73.3580
Cite47 CFR 76.613
Cite47 CFR 76.620
Cite47 CFR 76.802
Cites 17 · showing 11Cited by 0 across 0 sources
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