Notices. Notice
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/register/2007/08/22/07-4132A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 4310-MN-M INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-594] In the Matter of Certain Lighting Products, Components Thereof, and Products Containing the Same; Notice of a Commission Determination Not To Review an Initial Determination Terminating the Investigation on the Basis of a Settlement Agreement AGENCY: U.S. International Trade Commission. ACTION: Notice. SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (“ID”) of the presiding administrative law judge (“ALJ”) in the above-captioned investigation terminating the investigation in its entirety on the basis of a settlement agreement.
FOR FURTHER INFORMATION CONTACT: Michael K. Haldenstein, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone
(202)708-2301. Copies of non-confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone
(202)205-2000. General information concerning the Commission may also be obtained by accessing its Internet server at *http://www.usitc.gov.* The public record for this investigation may be viewed on the Commission's electronic docket
(EDIS)at *http://edis.usitc.gov.* Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on
(202)205-1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on February 27, 2007, based on a complaint filed by Cooper Lighting, Inc. of Peachtree City, Georgia. 72 FR 8790 (February 27, 2007). The complaint, as supplemented, alleged violations of section 337 of the Tariff Act of 1930, 19 U.S.C. 1337 (“section 337”) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain lighting products, components thereof, and products containing the same by reason of infringement of claims 23, 26, and 27 of U.S. Patent No. 6,082,878 and claims 1 and 7 of U.S. Patent No. 5,662,413. The complaint further alleged that an industry in the United States exists as required by subsection (a)(2) of section 337. The complaint requested that the Commission issue an exclusion order and cease and desist orders. The Commission named two companies as respondents, Cordelia Lighting, Inc. and Jimway, Inc. Both companies are located in Rancho Dominguez, California. On July 12, 2007, Cooper and the two respondents filed a joint motion to terminate the investigation based upon a settlement agreement. The Commission investigative attorney filed a response in support of the motion and no party opposed the motion. On July 25, 2007, the ALJ issued the subject ID (Order No. 6) that grants the parties' joint motion and terminates the investigation on the basis of a settlement agreement. No petitions for review were filed and the Commission has determined not to review the ID. No respondents remain in the investigation and the investigation is therefore terminated in its entirety. This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and Commission rules 210.21, 210.42, 19 CFR 210.21, 210.42. By order of the Commission. Issued: August 17, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7-16546 Filed 8-21-07; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [Inv. No. 337-TA-612] In the Matter of Certain Nitrile Rubber Gloves; Notice of Investigation AGENCY: U.S. International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 19, 2007, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Tillotson Corporation d/b/a Best Manufacturing Company of Menlo, Georgia. Tillotson filed a supplement to the complaint on August 8, 2007. The complaint, as supplemented, alleges violations of § 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain nitrile rubber gloves by reason of infringement of U.S. Patent No. Re. 35,616. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of § 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue a permanent exclusion order and a permanent cease and desist order. ADDRESSES: The complaint, except for any confidential information contained therein, is available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, SW., Room 112, Washington, DC 20436, telephone 202-205-2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server at *http://www.usitc.gov.* The public record for this investigation may be viewed on the Commission's electronic docket
(EDIS)at *http://www.usitc.gov/secretary/edis.htm.* FOR FURTHER INFORMATION CONTACT: Vu Q. Bui, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone
(202)205-2582. Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission's Rules of Practice and Procedure, 19 CFR 210.10 (2006). *Scope of Investigation:* Having considered the complaint, the U.S. International Trade Commission, on August 15, 2007, ordered that—
(1)Pursuant to subsection
(b)of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of § 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain nitrile rubber gloves by reason of infringement of one or more of claims 1 and 17-19 of U.S. Patent No. Re. 35,616, and whether an industry in the United States exists as required by subsection (a)(2) of § 337;
(2)For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served:
(a)The complainant is— Tillotson Corporation, d/b/a, Best Manufacturing Company, 579 Edison Street, Menlo, Georgia 30731.
(b)The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Cardinal Health, Inc., 7000 Cardinal Place, Dublin, Ohio 43017. Cardinal Health 200, Inc., 1430 Waukegan Road (MP KB-1A), McGaw Park, Illinois 60085. Cardinal Health Malaysia 211 Sdn. Bhd., Plot 87, Kampung Jawa 11900, Bayan Lepas, Malaysia. Henry Schein, Inc., 135 Duryea Road, Melville, New York 11747. HSI Gloves Inc., 135 Duryea Road, Melville, New York 11747. Latexx Partners Berhad, Pt5054, Jalan Perusahaan 3, Kamunting, Industrial Estate, 34600 Kamunting, Perak, Darul Ridzuan, Malaysia. Medtexx Partners Inc., 102 Engle St. FL2, Englewood, New Jersey 07631.
(c)The Commission investigative attorney, party to this investigation, is Vu Q. Bui, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Suite 401, Washington, DC 20436; and
(3)For the investigation so instituted, the Honorable Charles E. Bullock is designated as the presiding administrative law judge.
(4)The Commission has determined to assign this investigation to Judge Bullock, who is the presiding administrative law judge in *Certain Nitrile Gloves* , Inv. No. 337-TA-608, in view of the overlapping subject matter in the two investigations. The presiding administrative law judge is authorized to consolidate Inv. No. 337-TA-608 and this investigation if he deems it appropriate. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission's Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of a limited exclusion order or cease and desist order or both directed against the respondents. Issued: August 16, 2007. By order of the Commission. Marilyn R. Abbott, Secretary. [FR Doc. E7-16432 Filed 8-21-07; 8:45 am] BILLING CODE 7020-02-P DEPARTMENT OF JUSTICE Federal Bureau of Investigation [AAG/A Order No. 028-2007] Privacy Act of 1974; System of Records AGENCY: Federal Bureau of Investigation, DOJ. ACTION: Notice to amend system of records. SUMMARY: The Federal Bureau of Investigation proposes to amend its Terrorist Screening Records System, Justice/FBI-019, maintained by the Terrorist Screening Center, to make several changes to its existing notice. Public comments are invited. DATES: The Privacy Act requires that the public be given 30 days in which to comment on any new or amended uses of information in a system of records. In addition, the Office of Management and Budget (OMB), which has oversight responsibilities under the Act, and the Congress must be given 40 days in which to review major changes to Privacy Act systems. Therefore, the public, OMB, and the Congress are invited to submit written comments on this revised Privacy Act system of records. Please submit any comments by October 1, 2007. ADDRESSES: Address all comments to Kenneth P. Mortensen, Deputy Privacy and Civil Liberties Officer, U.S. Department of Justice, 950 Pennsylvania Ave., NW., Washington, DC 20530, facsimile number
(202)616-9627. FOR FURTHER INFORMATION CONTACT: Kenneth P. Mortensen,
(202)514-3853. SUPPLEMENTARY INFORMATION: On July 28, 2005, the Department of Justice, Federal Bureau of Investigation
(FBI)published a new Privacy Act System of Records notice, the Terrorist Screening Records System (TSRS), Justice/FBI-019, to cover records maintained by the Terrorist Screening Center (TSC), the system owner. See 70 FR 43715. Records in the TSRS include the Terrorist Screening Database (TSDB), records in the Encounter Management Application
(EMA)that document the operational support TSC provides to agencies that screen for terrorists (“screening agencies”), and records related to the TSC's internal quality assurance process to ensure the terrorist data is thorough, accurate and current. The TSC also maintains records related to the resolution of terrorist watchlist-related redress complaints. The TSC now proposes modifications to the system to expand the scope of the system, and to increase the clarity of the notice. The following explains the proposed modifications: General Changes The previous system notice used the terms “terrorist screening” and “terrorism screening” interchangeably to describe the same process. This notice is being modified so that only the term “terrorism screening” is used, making it consistent with the language in Homeland Security Presidential Directive 6 (HSPD 6). This system notice also makes use of the term Terrorism Information as defined in section 1016 of the Intelligence Reform and Prevention Act of 2004 (Pub. L. 108-458). System Location The current system of records notice for Justice/FBI-019 states that the records are located at the TSC, Federal Bureau of Investigation, Washington, DC. The notice has been amended to reflect that records in Justice/FBI-019 may also be located in secondary locations for system back-up and continuity-of-operations purposes. Categories of Individuals The TSC is expanding the categories of individuals covered by this system to cover individuals who are authorized users of the underlying information systems described by this system of records, such as the TSDB and EMA, since audit logs documenting their use will be maintained in connection with the system. Currently, only TSC personnel can perform queries directly against the TSDB, EMA, and other internal TSC databases. In the future, the TSC plans to operate a query function permitting authorized individuals from screening agencies or entities to access TSC systems directly from an external location and submit search queries. Collection and maintenance of information through audit logs about authorized users will allow the TSC to monitor who uses TSC information systems for what purpose, in order to ensure compliance with applicable laws and policy. Therefore, the TSC is modifying this system of records notice to account for this fact. Additionally, the TSC is clarifying that this system of records covers all individuals whose names or identifying information is collected to perform a query against TSC information systems, such as TSDB, but who are not necessarily individuals whose information is generally maintained as terrorist information in the TSDB. For example, in certain instances, individuals' names are queried directly against the TSDB or EMA to see if there is a possible record match and, if there is not, their names may be retained in an audit trail that records the activity of authorized users of TSC information systems. The system notice is being modified to make clear that these individuals' information is also included in this system of records. The TSC is adding a new category to cover individuals who accompany or travel with a person when that person is an actual match to a known or suspected terrorist identity in the TSDB and when the TSC or screening agency or entity identifies that person as such during a terrorism screening process. The TSC collects this information in the course of encounters with known or suspected terrorists. For example, an encounter can include times when an individual was in the car along with a person matching an identity in the TSDB during a traffic stop by state or local law enforcement officers. TSC maintains this information about such individuals in EMA and not in the TSDB, and shares it as appropriate with other agencies for law enforcement and intelligence purposes consistent with the routine uses of this system of records. Categories of Records The TSC is adding new categories of records to cover audit logs for TSC systems, and archived records and record histories for the TSDB and other TSC systems. As discussed above, audit log records allow the TSC to monitor who uses TSC systems for what purpose in order to ensure compliance with applicable laws and policy. A TSDB record history is a log of any previous changes to the current version of a TSDB record. Archived TSDB records are TSDB records that pertain to individuals who are no longer eligible for inclusion in the TSDB, because those individuals no longer meet the criteria for inclusion in the TSDB as a known or suspected terrorist. The TSC retains these records in an archive that is logically separate from other TSDB data and may be accessed only by a limited number of TSC personnel who have undergone specialized training on the sensitivity of these records and the permissible reasons for access. Pursuant to TSC policy, archived TSDB records may only be accessed for the following purposes:
(1)Redress,
(2)litigation,
(3)quality assurance (e.g., to determine if a record correction is required to an existing record in a TSC or other agency system),
(4)to respond to requests from oversight bodies and auditors, and to perform internal audits,
(5)to evaluate TSC performance and data in the event of another terrorist attack or attempted attack, and to support any related investigation, and
(6)when access is otherwise required by law (e.g., Freedom of Information Act
(FOIA)request). Archived TSDB records are not used or made available for any watchlisting purposes. The search function for the TSDB archive requires that prior to accessing the TSDB archive authorized TSC personnel must identify an approved purpose with information supporting the need for access. This information is maintained in a detailed audit log, which is routinely reviewed by TSC compliance personnel. Additionally, the TSC is modifying other descriptions of categories of records to clarify the types of information held in the TSC systems. The TSC is adding language to clarify that records of encounters may include information about individuals who accompany or travel with a person when that person is an actual match to a known or suspected terrorist identity in the TSDB and the TSC or screening agency or entity identifies that person as such during a terrorism screening process. The TSC is also modifying Item
(a)To add “photograph” as a specific type of identifying data that may be contained in the TSRS. While a photograph may be considered a biometric, which is already listed in Item (a), TSC is listing photographs as a separate item to ensure clarity. The TSC is modifying Item
(b)By changing the term “agency” to “entity” to reflect that entities other than a federal government agency may engage in terrorism screening. Item
(b)is also being modified by removing the language “terrorist encounters” and replacing it with “encounters with known or suspected terrorists,” which is a more precise characterization, because Item
(a)in the Categories of Individuals defines the phrase “known or suspected terrorists.” The TSC is also modifying Item
(c)to make clear that TSRS may also include references to or information from other relevant databases that contain terrorism information, in the event such databases are not considered law enforcement or intelligence databases. Authority for Maintenance of the System The TSC is adding the following legal authorities: the National Security Act of 1947, as amended; the Intelligence Reform and Terrorism Prevention Act of 2004, Pub. L. 108-458, 18 Stat. 3638 (December 17, 2004); and Executive Order 13388, “Further Strengthening the Sharing of Terrorism Information to Protect Americans,” (October 25, 2005). TSC is removing the reference to Executive Order 13356, which has been superseded by Executive Order 13388. Also, the TSC is adding language to provide notice that in the event that the TSC's continuity-of-operations plans are invoked, the agency that assumes TSC operational functions will have the authority to administer the Terrorist Screening Records System as necessary to carry out those functions and will act consistent with the obligations required by the Privacy Act of 1974 in the maintenance of TSRS as a Privacy Act System of Records. Purpose Statement Consistent with the changes discussed above regarding auditing of TSC data systems, the TSC is expanding the purpose of the system of records to clarify that one purpose is to conduct appropriate oversight of the proper use of TSC data systems. The language in Item
(e)Is being modified to add the quoted language below to more accurately reflect TSC's mission, as set forth in HSPD 6, to provide support for private sector screening processes “that have a substantial bearing on homeland security.” The language in Item
(f)is being modified to remove the word “agency's” and insert the word “authorized” preceding the term “screening process” to more accurately describe the type of screening TSC may perform. The word “agency” was removed because not all terrorism screening is necessarily performed by a federal government agency. The word “authorized” was added because all terrorism screening processes using TSC data must be authorized by the TSC pursuant to the standard articulated in HSPD 6. The language in Item
(g)Is being changed to add the word “organizations” to the list of entities and individuals that may receive information about encounters with known or suspected terrorists. This change is intended to better reflect the ongoing efforts by the federal government to increase sharing of intelligence, law enforcement and terrorism information with the State and local governments, fusion centers, and critical infrastructure owners and operators, consistent with the privacy protections required by the Privacy Act and as articulated in this notice. The language in Item
(h)is being changed by removing the word “repeatedly” from the phrase “to assist persons repeatedly misidentified during a terrorism screening process.” This change is intended to clarify that an individual does not have to be misidentified more than once for the TSC to act to provide assistance through a redress process or other means. Conforming changes are being made to the notice to remove the word “repeatedly” from Routine Uses B, F, and G, and the categories of individuals (Item (d)). Routine Uses Routine Use B listed for Justice/FBI-019 permits disclosure of information to various entities in order to, among other things “provide appropriate notifications of a positive terrorist encounter or a threat related to the encounter.” The TSC is modifying this language to clarify that the TSC may notify an entity of not only a positive match to the terrorist watchlist, but also a negative or inconclusive match. Also, the TSC is modifying this Routine Use to include “private sector entities with a substantial bearing on homeland security” as described in HSPD-6 as potential recipients of information. Finally, the TSC is modifying the language in purpose
(2)of this Routine Use to make clear that a positive encounter means an encounter with an individual who is identified in the TSDB, and to clarify purpose
(3)of this Routine Use by adding the modifiers “known or suspected” to the terms “terrorist” and “threat related to the encounter.” Routine Use D permits disclosure of information for the development, testing, or modification of information technology systems used or intended to be used during or in support of the screening process, but indicates TSC will use de-identified data whenever possible. The TSC is modifying the language of this Routine Use to clarify that “de-identified data” means data that cannot be used to derive an individual's identity and to note that de-identified data will be used to the extent practicable and possible. Routine Use E permits disclosure of information to various agencies or entities to assist in the coordination of terrorist threat awareness, assessment, analysis, or response. The TSC is modifying this language to include private sector entities in the list of entities that may receive information from TSRS for these purposes. This change is intended to better reflect the ongoing efforts by the federal government to increase sharing of intelligence, law enforcement, terrorism and threat information with State fusion centers and the private sector, such as critical infrastructure and key resource owners and operators, consistent with the privacy protections required by the Privacy Act. Routine Use H permits disclosure of information in support of authorized audit or oversight operations of the DOJ, including FBI and TSC, or any agency engaged in or providing information used for terrorism screening supported by the TSC. The TSC is modifying this Routine Use to include authorized security operations as a permissible purpose for sharing information, thereby allowing the TSC to disclose information to the investigating entity in the context of a security-related investigation or inquiry, such as a personnel investigation or inquiry into a breach of data security. Additionally, the TSC is expanding the scope of this Routine Use by adding language that would allow disclosure if the subject of the security, audit, or oversight operation was not a Federal agency but an organization or individual that was engaged in or providing information used for terrorism screening that is supported by the TSC. These changes will allow the TSC to disclose information to support any oversight efforts into TSC-related activities. Routine Use K permits disclosure of information to a governmental entity lawfully engaged in collecting law enforcement, law enforcement intelligence, or national security intelligence information for law enforcement or intelligence purposes. TSC is modifying this Routine Use by changing “national security intelligence information” to “national security information” and “national intelligence,” which are terms defined by Executive Order 12958, as amended, and the Intelligence Reform and Terrorism Prevention Act amendments to the National Security Act of 1947, respectively. Also, the TSC is specifying counterterrorism as one of the purposes for which information may be disclosed under this Routine Use, which is consistent with TSC's counterterrorism mission. The Department of Justice previously published a notice modifying all of the Department's systems of records, including TSRS, to include a routine use to permit the disclosure of information to appropriate persons and entities for purposes of response and remedial efforts in the event that there has been a breach of the data contained in the Department's systems of records. See 72 FR 3410 (Jan. 25, 2007). The TSC is adding new Routine Use L to this notice to reflect this change. Retention and Disposal Although TSC is a multi-agency organization, the FBI administers TSC. Recently, the FBI obtained approval from the National Archives and Records Administration for its request for records disposition authority for records created and maintained by the TSC. The TSC is modifying this language to provide information on the approved retention periods for TSC records described in Justice/FBI-019. For records maintained in the Terrorist Screening Database (TSDB), active records are maintained for 99 years and inactive (archived) records are maintained for 50 years. Encounter Management Application
(EMA)records, which document positive, negative, and inconclusive screening encounters with individuals in the TSDB, are maintained for 99 years. TSC maintains EMA records on negative encounters, i.e., a person who is initially identified as a possible match to a TSDB identity but ultimately determined not to be a match, in order to expedite future screening of those individuals and to support the redress process. Records of redress inquiries and quality assurance matters are maintained for at least six years. Audit logs are maintained for 25 years and records of user audits are maintained for ten years. Contesting Record Procedures The TSC is adding language to this section to refer individuals to the TSC's public Web site for additional information on the redress process and the procedures for filing a complaint related to terrorism screening. Record Source Categories The TSC is modifying this section to include “private sector entities engaged in terrorism screening” as a record source category. This change is being made to reflect that the TSC may receive information for screening from the private sector in support of the TSC's mission, as set forth in HSPD 6, to support “private sector screening processes that have a substantial bearing on homeland security.” Public Comments Invited Public comments are invited on all aspects of the revised system notice, including the retention periods for records and the new categories of individuals and records. See ADDRESSES section above for information on how to submit comments. In accordance with 5 U.S.C. 552a(r), the Department of Justice has provided a report of this amended system of records to the Office of Management and Budget and to Congress. Dated: August 14, 2007. Lee J. Lofthus, Assistant Attorney General for Administration. JUSTICE/FBI-019 System name: Terrorist Screening Records System (TSRS). Security classification: Classified, unclassified (law enforcement sensitive). System location: Records described in this notice are maintained at the Terrorist Screening Center, Federal Bureau of Investigation, Washington, D.C., and at facilities operated by other government entities for terrorism screening, system back-up, and continuity of operations purposes. Categories of individuals covered by the system: a. Individuals known or appropriately suspected to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism (“known or suspected terrorists”); b. Individuals who are the subject of queries against TSC information systems; c. Individuals identified during a terrorism screening process as a possible identity match to a known or suspected terrorist and other individuals who accompany or travel with such individuals; d. Individuals who are misidentified as a possible identity match to a known or suspected terrorist (“misidentified persons”); e. Individuals about whom a terrorist watchlist-related redress inquiry has been made; and f. Individuals whose information is collected and maintained for information system user auditing and security purposes, such as individuals who are authorized users of TSC information systems. Categories of records in the system: a. Identifying information, such as name, date of birth, place of birth, biometrics, photographs, passport and/or drivers license information, and other available identifying particulars used to compare the identity of an individual being screened with a known or suspected terrorist, including audit records containing this information; b. Information about encounters with individuals covered by this system, such as date, location, screening entity, analysis, associated individuals, and results (positive or negative identity match), and, for encounters with known or suspected terrorists only, other entities notified and details of any law enforcement, intelligence, or other operational response; c. For known or suspected terrorists, in addition to the categories of records listed above, references to and/or information from other government law enforcement and intelligence databases, or other relevant databases that may contain terrorism information; d. For misidentified persons, in addition to the categories of records listed above, additional identifying information that will be used during screening only for the purpose of distinguishing them from a known or suspected terrorist who has similar identifying characteristics (such as name and date of birth); e. For redress matters, in addition to the categories of records listed above, information provided by individuals or their representatives, information provided by the screening agency, and internal work papers and other documents related to researching and resolving the matter; f. Information collected and compiled to maintain an audit trail of the activity of authorized users of TSC information systems, such as user name/ID, date/time, search query and results data, user activity information (e.g., record retrieval, modification, or deletion data), and record numbers; and, g. Archived records and record histories from the Terrorist Screening Database, Encounter Management Application, and other TSC data systems that are part of the TSRS. Authority for maintenance of the system: Homeland Security Presidential Directive-6, “Integration and Use of Screening Information to Protect Against Terrorism” (Sept. 16, 2003); Executive Order 13388, Further Strengthening the Sharing of Terrorism Information to Protect Americans,” (October 25, 2005); the Intelligence Reform and Terrorism Prevention Act of 2004, Pub. L. 108-458; the National Security Act of 1947, as amended; and 28 U.S.C. 533. In the event that the TSC's continuity-of-operations plans are invoked, the agency that assumes TSC operational functions will have the authority to administer the Terrorist Screening Records System as necessary to carry out those functions. Purpose(s): a. To implement the U.S. Government's National Strategy for Homeland Security and Homeland Security Presidential Directive-6, to identify potential terrorist threats, to uphold and enforce the law, and to ensure public safety. b. To consolidate the government's approach to terrorism screening and provide for the appropriate and lawful use of terrorist information in screening processes. c. To maintain current, accurate and thorough terrorist information in a consolidated terrorist screening database and determine which terrorism screening processes will use each entry in the database. d. To ensure that appropriate information possessed by State, local, territorial, and tribal governments, which is lawfully available to the Federal Government, is considered in determinations made by the TSC as to whether a person is a match to a known or suspected terrorist. e. To host mechanisms and make terrorism information available to support appropriate domestic, and foreign terrorism screening processes, and private-sector screening processes that have a substantial bearing on homeland security. f. To provide continual operational support to assist in the identification of persons screened and to facilitate an appropriate and lawful response when a known or suspected terrorist is identified in an authorized screening process. g. To provide appropriate government officials, agencies, or organizations with information about encounters with known or suspected terrorists. h. To assist persons misidentified during a terrorism screening process and to assist screening agencies or entities in responding to individual complaints about the screening process (redress). i. To oversee the proper use, maintenance, and security of TSC data systems and TSC personnel. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, the records or information in this system may be disclosed as a routine use, under 5 U.S.C. 552a(b)(3), in accordance with blanket routine uses established for FBI record systems. See Blanket Routine Uses
(BRU)Applicable to More Than One FBI Privacy Act System of Records, Justice/FBI-BRU, published on June 22, 2001 at 66 FR 33558 and amended on February 14, 2005 at 70 FR 7513. In addition, as routine uses specific to this system, the TSC may disclose relevant system records to the following persons or entities and under the circumstances or for the purposes described below, to the extent such disclosures are compatible with the purpose for which the information was collected. (Routine uses are not meant to be mutually exclusive and may overlap in some cases.) A. To those federal agencies that have agreed to provide support to TSC for purposes of ensuring the continuity of TSC operations. B. To federal, state, local, tribal, territorial, foreign, multinational or other public agencies or entities, to entities regulated by any such agency or entity, and to owners/operators of critical infrastructure or private sector entities with a substantial bearing on homeland security and their agents, contractors or representatives, for the following purposes:
(1)For use in and in support of terrorism screening authorized by the U.S. Government,
(2)to provide appropriate notifications of the results of terrorism screening using information from the Terrorist Screening Database or a threat related to a positive encounter with an individual identified in the Terrorist Screening Database,
(3)to facilitate any appropriate law enforcement or other response (e.g., medical and containment response to a biological hazard) to a known or suspected terrorist or a threat related to the encounter, and
(4)to assist persons misidentified during a screening process. C. To any person, organization, or governmental entity in order to notify them of a serious terrorist threat for the purpose of guarding against or responding to such a threat. D. To federal, state, local, tribal, territorial, foreign, or multinational agencies or entities, or other organizations that are engaged in, or are planning to engage in terrorism screening authorized by the U.S. Government, for the purpose of the development, testing, or modification of information technology systems used or intended to be used during or in support of the screening process; whenever practicable, however, TSC, to the extent possible, will substitute anonymized or de-identified data, such that the identity of the individual cannot be derived from the data. E. To federal, state, local, tribal, territorial, foreign, multinational agencies or entities, or private sector entities to assist in coordination of terrorist threat awareness, assessment, analysis or response. F. To any person or entity in either the public or private sector, domestic or foreign, where reasonably necessary to elicit information or cooperation from the recipient for use by the TSC in the performance of an authorized function, such as obtaining information from data sources as to the thoroughness, accuracy, currency, or reliability of the data provided so that the TSC may review the quality and integrity of its records for quality assurance or redress purposes, and may also assist persons misidentified during a screening process. G. To any federal, state, local, tribal, territorial, foreign or multinational agency, task force, or other entity or person that receives information from the U.S. Government for terrorism screening purposes, in order to facilitate TSC's or the recipient's review, maintenance, and correction of TSC data for quality assurance or redress purposes, and to assist persons misidentified during a screening process. H. To any agency, organization or person for the purposes of
(1)performing authorized security, audit, or oversight operations of the DOJ, FBI, TSC, or any agency, organization, or person engaged in or providing information used for terrorism screening that is supported by the TSC, and
(2)meeting related reporting requirements. I. To a former employee of the TSC or a former contractor supporting the TSC for purposes of: Responding to an official inquiry by a federal, state, or local government entity or professional licensing authority, in accordance with any applicable government regulations; or facilitating communications with a former employee/contractor that may be necessary for personnel-related or other official purposes where the TSC requires information and/or consultation assistance from the former employee/contractor regarding a matter within that person's former area of responsibility. J. To any criminal, civil, or regulatory law enforcement authority (whether federal, state, local, territorial, tribal, multinational or foreign) where the information is relevant to the recipient entity's law enforcement responsibilities. K. To a governmental entity lawfully engaged in collecting law enforcement, law enforcement intelligence, national security information, national intelligence, or terrorism information for law enforcement, intelligence, or counterterrorism purposes. L. To appropriate agencies, entities, and persons when
(1)the Department of Justice suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department of Justice 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 Department or another agency or entity) that rely upon the compromised information; and
(3)the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with the Department of Justice's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. Disclosure to consumer reporting agencies: None. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Records in this system are stored in paper and/or electronic format. Electronic storage is on servers, CD-ROMs, DVD-ROMs, and magnetic tapes. Retrievability: Records in this system are typically retrieved by individual name, date of birth, passport number, and other identifying data, including unique identifying numbers assigned by the TSC or other government agencies. Safeguards: All records are maintained in a secure government facility with access limited to only authorized personnel or authorized and escorted visitors. Physical security protections include guards and locked facilities requiring badges and passwords for access. Records are accessed only by authorized government personnel and contractors and are protected by appropriate physical and technological safeguards to prevent unauthorized access. All Federal employees and contractors assigned to the TSC must hold an appropriate security clearance, sign a non-disclosure agreement, and undergo privacy and security training. Retention and disposal: Records in this system will be retained and disposed of in accordance with the records schedule approved by the National Archives and Records Administration. For records maintained in the Terrorist Screening Database, active records are maintained for 99 years and inactive (archived) records are maintained for 50 years. Records of possible encounters with individuals on the Terrorist Screening Database are maintained for 99 years. Records of redress inquiries and quality assurance matters are maintained for at least six years. Audit logs are maintained for 25 years and records of user audits are maintained for ten years. System manager(s) and address: Director, Terrorist Screening Center, Federal Bureau of Investigation, FBI Headquarters, 935 Pennsylvania Avenue, NW., Washington, DC 20535-0001. Notification procedure: Because this system contains classified intelligence and law enforcement information related to the government's counterterrorism, law enforcement, and intelligence programs, records in this system have been exempted from notification, access, and amendment to the extent permitted by subsections
(j)and
(k)of the Privacy Act. Requests for notification should be addressed to the FBI at the address and according to the requirements set forth below under the heading “Record Access Procedures.” Record access procedures: Because this system contains classified intelligence and law enforcement information related to the government's counterterrorism, law enforcement and intelligence programs, records in this system have been exempted from notification, access, and amendment to the extent permitted by subsections
(j)and
(k)of the Privacy Act. A request for access to a non-exempt record shall be made in writing with the envelope and the letter clearly marked “Privacy Act Request.” Include in the request your full name and complete address. The requester must sign the request; and, to verify it, the signature must be notarized or submitted under 28 U.S.C. 1746, a law that permits statements to be made under penalty of perjury as a substitute for notarization. You may submit any other identifying data you wish to furnish to assist in making a proper search of the system. Requests for access to information must be addressed to the Record Information Dissemination Section, Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW., Washington, DC 20535-0001. Contesting record procedures: Because this system contains classified intelligence and law enforcement information related to the government's counterterrorism, law enforcement and intelligence programs, records in this system are exempt from notification, access, and amendment to the extent permitted by subsections
(j)and
(k)of the Privacy Act (5 U.S.C. 552a). Requests for amendment should be addressed to the FBI at the address and according to the requirements set forth above under the heading “Record Access Procedures.” If, however, individuals are experiencing repeated delays or difficulties during a government screening process and believe that this might be related to terrorist watch list information, they may contact the Federal agency that is conducting the screening process in question (“screening agency”). The screening agency is in the best position to determine if a particular problem relates to a terrorist watch list entry or is due to some other cause, such as a criminal history, an immigration violation or random screening. Some individuals also experience repeated delays during screening because their names and/or other identifying data, such as dates of birth, are similar to those of known or suspected terrorists. These individuals, referred to as “misidentified persons,” often believe that they themselves are on a terrorist watch list, when in fact they only bear a similarity in name or other identifier to an individual on the list. Most screening agencies have or are developing procedures to expedite the clearance of misidentified persons during screening. By contacting the screening agency with a complaint, individuals will be able to take advantage of the procedures available to help misidentified persons and others experiencing screening problems. Check the agency's requirements for submitting complaints but, at a minimum, individuals should describe in as much detail as possible the problem they are having, including dates and locations of screening, and provide sufficient information to identify themselves, such as full name, citizenship status, and date and place of birth. The TSC assists the screening agency in resolving any screening complaints that may relate to terrorist watch list information, but does not receive or respond to individual complaints directly. However, if TSC receives any such complaints, TSC will forward them to the appropriate screening agency. Additional information about the redress process and how to file a complaint with a screening agency is available on TSC's Web site at *http://www.fbi.gov/terrorinfo/counterrorism/redress.htm.* Record Source Categories Information in this system is obtained from individuals covered by the system, public sources, agencies and private sector entities conducting terrorism screening, law enforcement and intelligence agency record systems, government databases, and foreign governments. Exemptions Claimed for the System The Attorney General has exempted this system from subsections (c)(3) and (4), (d)(1), (2),
(3)and (4), (e)(1), (2), (3),
(5)and (8), and
(g)of the Privacy Act pursuant to 5 U.S.C. 552a(j) and (k). These exemptions apply only to the extent that information in the system is subject to exemption pursuant to 5 U.S.C. 552a(j) and (k). Rules have been promulgated in accordance with the requirements of 5 U.S.C. 553(b),
(c)and (e). [FR Doc. E7-16487 Filed 8-21-07; 8:45 am] BILLING CODE 4410-02-P DEPARTMENT OF LABOR Employment Standards Administration Proposed Collection; Comment Request ACTION: Notice. SUMMARY: The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Employment Standards Administration is soliciting comments concerning the proposed collection: Application for Continuation of Death Benefit for Student (LS-266). A copy of the proposed information collection request can be obtained by contacting the office listed below in the addresses section of this Notice. DATES: Written comments must be submitted to the office listed in the addresses section below on or before October 22, 2007. ADDRESSES: Ms. Hazel M. Bell, U.S. Department of Labor, 200 Constitution Ave., NW., Room S-3201, Washington, DC 20210, telephone
(202)693-0418, fax
(202)693-1451, E-mail *bell.hazel@dol.gov* . Please use only one method of transmission for comments (mail, fax, or E-mail). SUPPLEMENTARY INFORMATION: I. Background The Office of Workers' Compensation Programs
(OWCP)administers the Longshore and Harbor Workers' Compensation Act. The Act provides for continuation of death benefits for a child or certain other surviving dependents after the age of 18 (to age 23) if the dependent qualifies as a student as defined in Section 2
(18)of the Act. Regulation 20 CFR 702.121 addresses the use of forms for the reporting of required information. The LS-266 is submitted by the parent or guardian of the dependent for whom continuation of benefits is sought. The statements contained on the form must be verified by an official of the educational institution. The information is used by the Department of Labor to determine whether a continuation of the benefits is justified. This information collection is currently approved for use through December 31, 2007. II. Review Focus The Department of Labor is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. III. Current Actions The Department of Labor seeks the approval of the extension of this information collection in order to ensure that eligible dependents may continue to receive benefits to which they are entitled. *Type of Review:* Extension. *Agency:* Employment Standards Administration. *Title:* Application for Continuation of Death Benefits for Student. *OMB Number:* 1215-0073. *Agency Number:* LS-266. *Affected Public:* Individuals or households; Business or other for-profit. *Total Respondents:* 43. *Total Annual responses:* 43. *Time per Response:* 30 minutes. *Estimated Total Burden Hours:* 22. *Frequency:* On occasion. *Total Burden Cost (capital/startup):* $0. *Total Burden Cost (operating/maintenance):* $0. Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record. Dated: August 16, 2007. Hazel M. Bell, Acting Chief, Branch of Management Review and Internal Control, Division of Financial Management, Office of Management, Administration and Planning, Employment Standards Administration. [FR Doc. E7-16533 Filed 8-21-07; 8:45 am] BILLING CODE 4510-CF-P DEPARTMENT OF LABOR Mine Safety and Health Administration Proposed Information Collection Request Submitted for Public Comment and Recommendations; Record of Individual Exposure to Radon Daughters ACTION: Notice. SUMMARY: The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. DATES: Submit comments on or before October 22, 2007. ADDRESSES: Send comments to, Debbie Ferraro, Management Services Division, 1100 Wilson Boulevard, Room 2171, Arlington, VA 22209-3939. Commenters are encouraged to send their comments on computer disk, or via E-mail to *Ferraro.Debbie@DOL.GOV.* Ms. Ferraro can be reached at
(202)693-9821 (voice), or
(202)693-9801 (facsimile). FOR FURTHER INFORMATION CONTACT: Contact the employee listed in the ADDRESSES section of this notice. SUPPLEMENTARY INFORMATION: I. Background MSHA's primary goal is the protection of America's most precious mining resource, the miner. To achieve this goal, this agency has to keep information regarding the hazards faced and the progress made within the industry to develop and maintain a safe and healthy work environment. Records concerning the health and welfare of miners are especially important, given that the nature of the exposure could result in medical complications later in the miner's life. To this end, the record keeping of Radon Daughters is essential information. Each year the industry records and reports the exposure levels that its workforce has faced during the past 12 months. This information is archived and stored for retrieval by the exposed party, or legal representative, should a medical release be deemed necessary. This reporting of the exposure numbers also serves to inform MSHA of the industry expansion or decrease as well as health threats incurred. Concurrently, the United States economy is calling for production rates that are lower than those in recent years. Regardless of the number of miners exposed, MSHA needs to keep the recording requirements for Radon Daughters to ensure that the records regarding the miners' level of exposure today is available to them tomorrow and throughout their lifetimes. II. Desired Focus Currently, the Mine Safety and Health Administration
(MSHA)is soliciting comments concerning the proposed extension of the information collection related to the Record of Individual Exposure to Radon Daughters. MSHA is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. A copy of the proposed information collection request may be viewed on the internet by accessing the MSHA home page ( *http://www.msha.gov/* ) and choosing “Rules and Regs”, then choosing “Fed Reg Docs.” III. Current Actions Currently, the Mine Safety and Health Administration
(MSHA)is soliciting comments concerning the proposed extension of the information collection related to provide miners protection from radon daughter exposure. *Type of Review:* Extension. *Agency:* Mine Safety and Health Administration. *Title:* Record of Individual Exposure to Radon Daughters. *OMB Number:* 1219-0003. *Agency Form Number:* MSHA 4000-9. *Frequency:* Weekly. *Affected Public:* Business or other for-profit. *Total Burden Respondents:* 2. *Total Number of Responses:* 100. *Total Burden Hours:* 300. *Total Burden Cost (operating/maintaining):* $0. Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record. Dated at Arlington, Virginia, this 16th day of August, 2007. David L. Meyer, Director, Office of Administration and Management. [FR Doc. E7-16453 Filed 8-21-07; 8:45 am] BILLING CODE 4510-43-P DEPARTMENT OF LABOR Mine Safety and Health Administration Proposed Information Collection Request Submitted for Public Comment and Recommendations; Training Plans and Certificate of Training ACTION: Notice. SUMMARY: The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. DATES: Submit comments on or before October 22, 2007. ADDRESSES: Send comments to Debbie Ferraro, Management Services Division, 1100 Wilson Boulevard, Room 2171, Arlington, VA 22209-3939. Commenters are encouraged to send their comments on computer disk, or via Internet e-mail to *Ferraro.Debbie@DOL.GOV.* Ms. Ferraro can be reached at
(202)693-9821 (voice), or
(202)693-9801 (facsimile). FOR FURTHER INFORMATION CONTACT: Contact the employee listed in the ADDRESSES section of this notice. SUPPLEMENTARY INFORMATION: I. Background The Federal Mine Safety and Health Act of 1977 (Mine Act) recognizes that the role of education and training in the improvement of miner health and safety is an important element of federal efforts to make the nation's mines safer places in which to work. Section 115(a) of the Mine Act states that “each operator of a coal or other mine shall have a health and safety program which shall be approved by the Secretary.” Title 30, CFR 48.3 and 48.23 specifically address the requirements for training plans. Section 115(a) of the Mine Act requires that each mine operator have a program approved by the Secretary for training miners in the health and safety aspects of mining. Section 115(c) requires
(a)That the mine operator certify on a form approved by the Secretary that the miner has received the specified training in each subject area of the approved health and safety training plan;
(b)that the certificates be maintained by the operator and be available for inspection at the mine site; and
(c)that the miner is entitled to a copy of the certificate upon completion of the training and when he leaves the operator's employ. Title 30, CFR Part 48 implements Section 115 of the Act by setting forth the requirements for obtaining approval of training programs and specifying the kinds of training, including refresher and hazard training, which must be provided to the miners. The standards are intended to ensure that miners will be effectively trained and certified in matters affecting their health and safety, with the ultimate goal being the reduction of frequency and severity of the injuries in the nation's mines. II. Desired Focus of Comments Currently, the Mine Safety and Health Administration
(MSHA)is soliciting comments concerning the proposed extension of the information collection related to Training Plans. MSHA is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. A copy of the proposed information collection request can be obtained by contacting the employee listed in the ADDRESSES section of this notice or viewed on the internet by accessing the MSHA home page ( *http://www.msha.gov/* ) and selecting “Rules and Regs”, then selecting “Fed Reg Docs.” III. Current Actions Approved training plans are used to implement training programs for training new miners, training experienced miners, training miners for new tasks, annual refresher training, and hazard training. The plans are also used by MSHA to ensure that all miners are receiving the training necessary to perform their jobs in a safe manner. MSHA Form 5000-23, Certificate of Training, is used by mine operators to record mandatory training received by miners. Each form provides the mine operator with a recordkeeping document, the miner with a certificate of training, and MSHA a monitoring tool for determining compliance requirements. Currently the Mine Safety and Health Administration
(MSHA)is soliciting comments concerning the proposed extension of the information collection related to Training Plans and Certificates of Training. *Type of Review:* Extension of Currently Approved Collection. *Agency:* Mine Safety and Health Administration. *Title:* Training Plans and Certificate of Training. *OMB Number:* 1219-0009 Extension. *Affected Public:* Business or other for-profit. *Frequency:* Annually and On Occasion. *Number of Respondents:* 3,216. *Number of Annual Responses:* 115,395. *Total Burden Hours:* 13,287. *Total Annual Cost:* $245,144. Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record. Dated at Arlington, Virginia, this 16th day of August, 2007. David L. Meyer, Director, Office of Administration and Management. [FR Doc. E7-16454 Filed 8-21-07; 8:45 am] BILLING CODE 4510-43-P DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA-2007-0018] Logging Operations; Extension of the Office of Management and Budget's
(OMB)Approval of Information Collection (Paperwork) Requirements AGENCY: Occupational Safety and Health Administration (OSHA), Labor. ACTION: Request for public comment. SUMMARY: OSHA solicits public comment concerning its proposal to extend OMB approval of the information collection requirements specified in its Standard on Logging Operations (29 CFR 1910.266). DATES: Comments must be submitted (postmarked, sent, or received) by October 22, 2007. ADDRESSES: *Electronically:* You may submit comments and attachments electronically at *http://www.regulations.gov,* which is the Federal eRulemaking Portal. Follow the instructions online for submitting comments. *Facsimile:* If your comments, including attachments, are not longer than 10 pages, you may fax them to the OSHA Docket Office at
(202)693-1648. *Mail, hand delivery, express mail, messenger, or courier service:* When using this method, you must submit three copies of your comments and attachments to the OSHA Docket Office, OSHA Docket No. OSHA-2007-0018, U.S. Department of Labor, Occupational Safety and Health Administration, Room N-2625, 200 Constitution Avenue, NW., Washington, DC 20210. Deliveries (hand, express mail, messenger, and courier service) are accepted during the Department of Labor's and Docket Office's normal business hours, 8:15 a.m. to 4:45 p.m., EST. *Instructions:* All submissions must include the Agency name and OSHA docket number for the ICR (OSHA-2007-0018). All comments, including any personal information you provide, are placed in the public docket without change, and may be made available online at *http://www.regulations.gov.* For further information on submitting comments see the “Public Participation” heading in the section of this notice titled SUPPLEMENTARY INFORMATION . *Docket:* To read or download comments or other material in the docket, go to *http://www.regulations.gov* or the OSHA Docket Office at the address above. All documents in the docket (including this **Federal Register** notice) are listed in the *http://www.regulations.gov* index; however, some information (e.g., copyrighted material) is not publicly available to read or download through the Web site. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. You may also contact Theda Kenney at the address below to obtain a copy of the ICR. FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609, 200 Constitution Avenue, NW., Washington, DC 20210; telephone
(202)693-2222. SUPPLEMENTARY INFORMATION: I. Background The Department of Labor, as part of its continuing effort to reduce paperwork and respondent (i.e., employer) burden, conducts a preclearance consultation program to provide the public with an opportunity to comment on proposed and continuing information collection requirements in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)). This program ensures that information is in the desired format, reporting burden (time and costs) is minimal, collection instruments are clearly understood, and OSHA's estimate of the information collection burden is accurate. The Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651 *et seq.* ) authorizes information collection by employers as necessary or appropriate for enforcement of the OSH Act or for developing information regarding the causes and prevention of occupational injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also requires that OSHA obtain such information with minimum burden upon employers, especially those operating small businesses, and to reduce to the maximum extent feasible unnecessary duplication of efforts in obtaining information (29 U.S.C. 657). Paragraph (f)(1)(iii) of the Standard requires the employer to assure that operating and maintenance instructions are available on machines or in the area where the machine is being operated. Paragraph (g)(3) requires the employer to assure that operating and maintenance instructions are available in each vehicle. Paragraph (i)(1) of the Standard requires employers to provide training for each employee, including supervisors. To meet this requirement, employers must conduct the training at the frequencies specified by paragraph (i)(2). Paragraph (i)(3) specifies that an employee's/supervisor's training must consist of the following elements: Safe work practices, including the use, operation, and maintenance of tools, machines, and vehicles the employee/supervisor uses or operates, as well as procedures, practices, and requirements of the employer's worksite; recognition and control of health and safety hazards associated with the employee's/supervisor's specific work tasks and logging operations in general; and the requirements of the Standard. Paragraph (i)(10)(i) specifies that employers must verify that they are in compliance with the training requirements in paragraph (i). This certification must be in writing and provide the following information: The name/identifier of the employee/supervisor; the date(s) of the training; and either the signature of the employer or the individual who conducted the training. Paragraph (i)(10)(ii) requires employers to maintain the most recent certification for training completed by an employee/supervisor. Training employees/supervisors in safe work practices and to recognize and control the safety and health hazards associated with their work tasks and overall logging operations enables them to prevent serious accidents by using specific procedures and equipment in a safe manner to avoid or to control dangerous exposures to these hazards. Establishing and maintaining written certification of the training that each employee/supervisor has received (i.e., job and first aid) assures the employer that the training specified by the Standard has been conducted, and at the required frequencies. With regard to first-aid training, the certification assures that the employee's/supervisor's training certificate is currently valid. In addition, these records provide the most efficient means for an OSHA compliance officer to determine whether an employer performed the required training at the necessary and appropriate frequencies. II. Special Issues for Comment OSHA has a particular interest in comments on the following issues: • Whether the proposed information collection requirements are necessary for the proper performance of the Agency's functions, including whether the information is useful; • The accuracy of OSHA's estimate of the burden (time and costs) of the information collection requirements, including the validity of the methodology and assumptions used; • The quality, utility, and clarity of the information collected; and • Ways to minimize the burden on employers who must comply; for example, by using automated or other technological information collection and transmission techniques. III. Proposed Actions OSHA is requesting that OMB extend its approval of the information collection requirements contained in the Standard on Logging Operations (29 CFR 1910.266). The Agency is requesting to increase its existing burden hours from 30,751 hours to 31,286 hours for a total increase of 535 hours. The Agency will summarize the comments submitted in response to this notice and will include this summary in the request to OMB. *Type of Review:* Extension of a currently approved collection. *Title:* Logging Operations (29 CFR 1910.266). *OMB Number:* 1218-0198. *Affected Public:* Business or other for-profit. *Number of Respondents:* 11,447. *Frequency of Recordkeeping:* Initially; on occasion. *Average Time per Response:* Varies from 1 minute (.02 hour) to maintain training certification records to 3 hours to conduct initial training. *Total Annual Hours Requested:* 31,286. *Estimated Cost (Operation and Maintenance):* $0. IV. Public Participation—Submission of Comments on This Notice and Internet Access to Comments and Submissions You may submit comments in response to this document as follows:
(1)Electronically at *http://www.regulations.gov,* which is the Federal eRulemaking Portal;
(2)by facsimile (FAX); or
(3)by hard copy. All comments, attachments, and other material must identify the Agency name and the OSHA docket number for the ICR (Docket No. OSHA-2007-0018). You may supplement electronic submissions by uploading document files electronically. If you wish to mail additional materials in reference to an electronic or facsimile submission, you must submit them to the OSHA Docket Office (see the section of this notice titled ADDRESSES ). The additional materials must clearly identify your electronic comments by your name, date, and the docket number so the Agency can attach them to your comments. Because of security procedures, the use of regular mail may cause a significant delay in the receipt of comments. For information about security procedures concerning the delivery of materials by hand, express delivery, messenger, or courier service, please contact the OSHA Docket Office at
(202)693-2350 (TTY
(877)889-5627). Comments and submissions are posted without change at *http://www.regulations.gov.* Therefore, OSHA cautions commenters about submitting personal information such as social security numbers and date of birth. Although all submissions are listed in the *http://www.regulations.gov* index, some information (e.g., copyrighted material) is not publicly available to read or download through this Web site. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. Information on using the *http://www.regulations.gov* Web site to submit comments and access the docket is available at the Web site's “User Tips” link. Contact the OSHA Docket Office for information about materials not available through the Web site, and for assistance in using the Internet to locate docket submissions. V. Authority and Signature Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational Safety and Health, directed the preparation of this notice. The authority for this notice is the Paperwork Reduction Act of 1995 (44 U.S.C. 3506 *et seq.* ) and Secretary of Labor's Order No. 5-2002 (67 FR 65008). Signed at Washington, DC, on August 15, 2007. Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. E7-16437 Filed 8-21-07; 8:45 am] BILLING CODE 4510-26-P NATIONAL SCIENCE FOUNDATION Astronomy and Astrophysics Advisory Committee #13883; Notice of Meeting In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation announces the following Astronomy and Astrophysics Advisory Committee (#13883) meeting: *Date and Time:* October 11-12, 2007, 8:30 a.m-5 p.m. *Place:* National Science Foundation, Room 1235, Stafford I Building, 4201 Wilson Blvd., Arlington, VA 22230. *Type of Meeting:* Open. *Contact Person:* Dr. G. Wayne Van Citters, Director, Division of Astronomical Sciences, Suite 1045, National Science Foundation, 4201 Wilson Blvd., Arlington, VA 22230. Telephone: 703-292-4908. *Purpose of Meeting:* To provide advice and recommendations to the National Science Foundation (NSF), the National Aeronautics and Space Administration
(NASA)and the U.S. Department of Energy
(DOE)on issues within the field of astronomy and astrophysics that are of mutual interest and concern to the agencies. *Agenda:* To hear presentations of current programming by representatives from NSF, NASA, DOE and other agencies relevant to astronomy and astrophysics; to discuss current and potential areas of cooperation between the agencies; to formulate recommendations for continued and new areas of cooperation and mechanisms for achieving them. Dated: August 16, 2007. Susanne E. Bolton, Committee Management Officer. [FR Doc. E7-16474 Filed 8-21-07; 8:45 am] BILLING CODE 7555-01-P NUCLEAR REGULATORY COMMISSION Agency Information Collection Activities: Submission for the Office of Management and Budget
(OMB)Review; Comment Request AGENCY: U.S. Nuclear Regulatory Commission (NRC). ACTION: Notice of the OMB review of information collection and solicitation of public comment. SUMMARY: The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. 1. Type of submission, new, revision, or extension: Revision. 2. The title of the information collection: NRC Form 327, Special Nuclear Material
(SNM)and Source Material
(SM)Physical Inventory Summary Report, and NUREG/BR-0096, Instructions and Guidance for Completing Physical Inventory Summary Reports. 3. The form number if applicable: NRC Form 327. 4. How often the collection is required: The frequency of reporting corresponds to the frequency of required inventories, which depends essentially on the strategic significance of the SNM covered by the particular license. Certain licensees possessing strategic SNM are required to report inventories every 6 months. Licensees possessing SNM of moderate strategic significance must report every 9 months in accordance with the revised regulation in 10 CFR part 74.43. Licensees possessing SNM of low strategic significance must report annually, except two licensees must report their dynamic inventories every 2 months and a static inventory on an annual basis. 5. Who will be required or asked to report: Fuel facility licensees possessing special nuclear material. 6. An estimate of the number of annual responses: 25 responses. 7. The estimated number of annual respondents: 9 respondents. 8. An estimate of the total number of hours needed annually to complete the requirement or request: 100 hours (an average of approximately 4 hours per response for 25 responses). 9. An indication of whether section 3507(d), Public Law 104-13 applies: N/A. 10. Abstract: NRC Form 327 is submitted by fuel facility licensees to account for special nuclear material. The data is used by NRC to assess licensee material control and accounting programs and to confirm the absence of (or detect the occurrence of) special nuclear material theft or diversion. NUREG/BR-0096 provides specific guidance and instructions for completing the form in accordance with the requirements appropriate for a particular licensee. A copy of the final supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: *http://www.nrc.gov/public-involve/doc-comment/omb/index.html* . The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions should be directed to the OMB reviewer listed below by September 21, 2007. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date. Desk Officer, Office of Information and Regulatory Affairs (3150-0139), NEOB-10202, Office of Management and Budget, Washington, DC 20503. Comments can also be e-mailed to *Nathan.Frey@omb.eop.gov* or submitted by telephone at
(202)395-4650. The NRC Clearance Officer is Margaret A. Janney, 301-415-7245. Dated at Rockville, Maryland, this 15th day of August, 2007. For the Nuclear Regulatory Commission. Margaret A. Janney, NRC Clearance Officer, Office of Information Services. [FR Doc. E7-16547 Filed 8-21-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Public Meeting Notice of Nuclear Energy Institute/U.S. Nuclear Regulatory Commission Working Groups AGENCY: Nuclear Regulatory Commission. ACTION: Solicitation of interest in working group participation. DATES: August 23, 2007. *Time:* 8 a.m. *Location:* U.S. Nuclear Regulatory Commission, Executive Boulevard Building, 6003 Executive Boulevard, Rooms, EBB-1-B13 and EBB-1-B15, Rockville, MD 20852. FOR FURTHER INFORMATION CONTACT: James Smith, Project Manager, Technical Support Branch, Special Projects and Technical Support Directorate, Division of Fuel Cycle Safety and Safeguards, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, MS EBB2-C40M, Washington, DC 20555-0001. Telephone:
(301)492-3234; fax number:
(301)492-6521; e-mail: *jas4@nrc.gov.* SUPPLEMENTARY INFORMATION: I. Introduction The Nuclear Regulatory Commission
(NRC)held a public workshop with the Nuclear Energy Institute and other stakeholders on June 14, 2007, to discuss certain implementation issues related to the implementation of subpart H of 10 CFR part 70:
(1)Part 70, Appendix A Reporting,
(2)refinement of the definition of Uranium Solubility under part 70,
(3)the use of Digital Instrumentation and Control in safety and process settings,
(4)the § 70.72 Facility Change Process, and
(5)the possible Enforcement Policy Revisions. Of the path forward for each of these five issues, four included a short term resolution to address the problem via small working groups comprised of industry and NRC representatives producing a product (white paper) which would ultimately be reviewed/approved by management representatives from both NRC and NEI and/or Industry representative management with an opportunity for members of the public to participate if desired. The exception to this small working group approach was the resolution of the issues associated with the use of Digital Instrumentation and Control in safety and process settings. Since this issue was far reaching, that could impact other nuclear arenas, some already addressing this area already pursuing research in this area, it was proposed that industry participate in the current steering committees involved in addressing these issues and NRC will facilitate interested industry members admission/seating on these committees so that their interests can be heard. In addition to the small working group approach, for Enforcement Policy Revisions, a multiple day public workshop in Region II with participation by the NRC's Offices of Enforcement and General Counsel should be held to establish the limits to what can be changed in the Enforcement Policy by the small working group. II. Summary The purpose of this notice is to provide notice of the date and location of the first kickoff meeting of these small working groups as these white papers are developed. The number of persons participating in these groups will be limited to one or two; therefore, the first one or two person expressing interest in a particular group will have priority for participation in the working group; however, all meetings of these groups will be noticed and open to the public. Please contact the staff contact listed above to express your interest in participating in one or more of these working groups. Dated at Rockville, Maryland, this 14th day of August 2007. For the Nuclear Regulatory Commission. Deborah A. Jackson, Chief, Technical Support Branch, Special Projects and Technical Support Directorate, Division of Fuel Cycle Safety and Safeguards, Office of Nuclear Material Safety and Safeguards. [FR Doc. 07-4132 Filed 8-20-07; 11:47 am]
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U.S. Code
- Unfair practices in import trade§ 1337
- Records maintained on individuals§ 552a
- Investigative and other officials; appointment§ 533
- Unsworn declarations under penalty of perjury§ 1746
- Rule making§ 553
- Federal agency responsibilities§ 3506
- Congressional statement of findings and declaration of purpose and policy§ 651
- Inspections, investigations, and recordkeeping§ 657
CFR
5 references not yet in our index
- Pub. L. 108-458
- 18 Stat. 3638
- Pub. L. 92-463
- Pub. L. 104-13
- 10 CFR 70
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Notices
Notice
Pub. L.Pub. L. 108-458
Stat.18 Stat. 3638
Pub. L.Pub. L. 92-463
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