Unknown. Final rule
246,005 words·~1118 min read·
/register/2008/04/02/08-1091A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2008-04-02.xml --- 73 64 Wednesday, April 2, 2008 Contents Actuaries Actuaries, Joint Board for Enrollment See Joint Board for Enrollment of Actuaries Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Commodity Credit Corporation See Foreign Agricultural Service Animal Animal and Plant Health Inspection Service RULES Importation of Uncooked Pork and Pork Products, 17881-17885 E8-6800 PROPOSED RULES Movement of Hass Avocados From Areas Where Mexican Fruit Fly or Sapote Fruit Fly Exist, 17930-17935 E8-6799 Centers Centers for Disease Control and Prevention NOTICES Meetings:
National Institute for Occupational Safety and Health, 17983 E8-6763 Centers Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17983-17985 E8-6771 E8-6773 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Commodity Commodity Credit Corporation NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 17948-17949 E8-6720 Copyright Copyright Royalty Board, Library of Congress NOTICES Distribution of 2000, 2001, 2002, and 2003 Cable Royalty Funds, 18004-18005 E8-6840 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17958-17959 E8-6847 E8-6848 Defense Defense Department See Navy Department PROPOSED RULES Federal Acquisition Regulation: Contractor Performance Information;
FAR Case 2006-022, 17945-17947 E8-6795 NOTICES Privacy Act; Systems of Records, 17959 E8-6824 Drug Drug Enforcement Administration NOTICES Controlled Substances Importer; Application, 18000-18001 E8-6774 Controlled Substances Manufacturer; Application, 18001 E8-6775 Education Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17962-17963 E8-6794 Employee Employee Benefits Security Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 18001-18004 E8-6765 E8-6766 E8-6768 Energy Energy Department See Energy Information Administration See Federal Energy Regulatory Commission NOTICES Meetings: Environmental Management Advisory Board, 17963 E8-6803 Nuclear Energy Advisory Committee, 17963-17964 E8-6802 Privacy Act; systems of records, 18044-18137 E8-6239 Energy Energy Information Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17964-17966 E8-6801 EPA Environmental Protection Agency RULES Acequinocyl;
Pesticide Tolerance, 17906-17910 E8-6699 Approval and Promulgation of Implementation Plans: Missouri, 17893-17896 E8-6666 State of Missouri, 17890-17893 E8-6651 California State Implementation Plan Revision: Bay Area Air Quality Management District, 17896-17897 E8-6643 Ferric Citrate; Inert Ingredient; Exemption from the Requirement of a Tolerance, 17910-17914 E8-6818 Final 8-hour Ozone National Ambient Air Quality Standards Designations for Early Action Compact Areas, 17897-17906 E8-6825 Pesticide Tolerance:
Dicamba, 17914-17918 E8-6674 Flonicamid, 17918-17924 E8-6668 State Hazardous Waste Management Program: Alabama, 17924-17926 E8-6813 PROPOSED RULES Approval and Promulgation of Implementation Plans: Missouri, 17939-17940 E8-6659 E8-6661 National Emission Standards for Hazardous Air Pollutants for Semiconductor Manufacturing, 17940-17944 E8-6816 State Hazardous Waste Management Program: Alabama, 17944-17945 E8-6812 NOTICES Acrolein; Revised Risk Assessments; Availability and Solicitation of Risk Reduction Options, 17970-17971 E8-6817 Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 17971-17975 E8-6671 E8-6672 Clean Water Act Section 303(d); Final Agency Action on 56 Total Maximum Daily Loads, 17975-17976 E8-6815 Meetings: Ozone Transport Commission, 17976 E8-6820 Proposed Administrative Settlement, etc., 17976-17977 E8-6828 Tributyltin Compounds; Risk Assessments, 17977-17978 E8-6811 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Class E Airspace; Amendment:
Black River Falls, WI, 17888-17890 E8-6580 Indianapolis, IN, 17887-17888 E8-6572 PROPOSED RULES Airworthiness Directives: Cirrus Design Corp. Models SR20 and SR22 Airplanes, 17935-17936 E8-6786 Viking Air Limited, 17937-17939 E8-6831 Federal Emergency Federal Emergency Management Agency RULES Suspension of Community Eligibility: National Flood Insurance Program, 17926-17929 E8-6777 Federal Energy Federal Energy Regulatory Commission NOTICES Alaska Power & Telephone Co.; Request to Use Alternative Procedures in Preparing a License Application:, 17966-17967 E8-6723 Combined Notice Of Filings, 17967-17969 E8-6726 E8-6727 Environmental Assessment:
Public Service Co. of New Hampshire, 17969-17970 E8-6722 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statement: Seattle, WA, 18031 E8-6852 FMC Federal Maritime Commission NOTICES Agreement Filed, 17978-17979 E8-6796 Ocean Transportation Intermediary License Applicants, 17979 E8-6798 Federal Reserve Federal Reserve System RULES Rules Regarding Equal Opportunity, 17885-17887 E8-6655 NOTICES Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies, 17979 E8-6680 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 17979-17980 E8-6681 E8-6682 FTC Federal Trade Commission NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 17980-17982 E8-6821 Fish Fish and Wildlife Service NOTICES Comprehensive Conservation Plan and Environmental Assessment, Intent: Felsenthal National Wildlife Refuge, Ashley, Bradley, and Union Counties, AR; Overflow National Wildlife Refuge, Ashley County, AR, 17992-17993 E8-6797 J.N. Ding Darling National Wildlife Refuge, Lee County, FL, 17991-17992 E8-6790 Pine Island, Caloosahatchee, and Matlacha Pass National Wildlife Refuges, Lee County, FL;
Island Bay National Wildlife Refuge, Charlotte County, FL, 17993-17994 E8-6834 Tennessee National Wildlife Refuge, Henry, Benton, Decatur, and Humphreys Counties, TN; Request for Comments, 17994-17995 E8-6782 Food Food and Drug Administration RULES Implantation or Injectable Dosage Form New Animal Drugs; Enrofloxacin, 17890 E8-6706 NOTICES Acrysof; Determination of Regulatory Review Period for Patent Extension, 17985-17986 E8-6851 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17986-17987 E8-6887 Food Protection Plan;
Outreach Activities; Opportunity for Public Comment, 17987-17989 E8-6833 Third-Party Certification Programs for Foods and Feeds; Request for Comments, 17989-17991 E8-6705 MISSING FOR: Foreign Agricultural Service Foreign Agricultural Service NOTICES WTO Agricultural Safeguard Trigger Levels, 17949-17950 E8-6640 GSA General Services Administration PROPOSED RULES Federal Acquisition Regulation: Contractor Performance Information; FAR Case 2006-022, 17945-17947 E8-6795 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Health Health Resources and Services Administration NOTICES Meetings:
National Advisory Council on Migrant Health, 17991 E8-6784 Homeland Homeland Security Department See Federal Emergency Management Agency Indian Indian Affairs Bureau NOTICES Draft Environmental Impact Statement for the Proposed Absaloka Mine Crow Reservation, etc.; Correction, 17995 E8-6772 Industry Industry and Security Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17950-17951 E8-6685 E8-6686 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau IRS Internal Revenue Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 18032-18036 E8-6748 E8-6749 E8-6750 E8-6752 E8-6755 E8-6756 E8-6759 E8-6760 Art Advisory Panel; 2007 Closed Meetings Report; Availability, 18036-18037 E8-6743 Meetings: Area 1 Taxpayer Advocacy Panel, 18037 E8-6741 Area 2 Taxpayer Advocacy Panel, 18037 E8-6738 Area 3 Taxpayer Advocacy Panel, 18037 E8-6737 Area 4 Taxpayer Advocacy Panel, 18037-18038 E8-6739 Area 5 Taxpayer Advocacy Panel, 18038 E8-6751 Area 6 Taxpayer Advocacy Panel, 18038 E8-6735 Area 7 Taxpayer Advocacy Panel, 18038-18039 E8-6747 Taxpayer Advocacy Panel Ad Hoc IRS Forms and Publications/Language Services Issue Committee, 18040-18041 E8-6753 Taxpayer Advocacy Panel Earned Income Tax Credit Issue Committee, 18039 E8-6740 Taxpayer Advocacy Panel Joint Committee, 18039 E8-6736 Taxpayer Advocacy Panel Small Business/Self Employed-Taxpayer Burden Reduction Issue Committee, 18040 E8-6745 E8-6746 Taxpayer Advocacy Panel Taxpayer Assistance Center Committee, 18039 E8-6742 Taxpayer Advocacy Panel Volunteer Income Tax Assistance Issue Committee, 18039-18040 E8-6744 Wage & Investment Reducing Taxpayer Burden (Notices) Issue Committee of the Taxpayer Advocacy Panel, 18041 E8-6762 International International Trade Administration NOTICES Agla Trade Link International;
Export Trade Certificate of Review Application, 17951-17952 E8-6822 Antidumping: Carbon and Alloy Steel Wire Rod from Trinidad and Tobago, 17952-17954 E8-6842 Solid Urea From the Russian Federation, 17954 E8-6839 Rice University; Decision on Application for Duty-Free Entry of Scientific Instrument, 17954 E8-6843 VA Connecticut Healthcare System, et al.; Consolidated Decision on Applications for Duty-Free Entry of Electron Microscopes, 17954-17955 E8-6841 International International Trade Commission NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 17997-17998 E8-6806 Investigation: Catheter, Consoles, and Other Apparatus for Cryosurgery and Components, 17998-17999 E8-6700 Light-Emitting Diodes and Products, 17999-18000 E8-6805 Meetings; Sunshine Act, 18000 E8-6792 Joint Joint Board for Enrollment of Actuaries NOTICES Meetings: Advisory Committee, 17948 E8-6758 Justice Justice Department See Drug Enforcement Administration NOTICES Lodging of Consent Decree, 18000 E8-6729 Labor Labor Department See Employee Benefits Security Administration Land Land Management Bureau NOTICES Alaska Native Claims Selection;
Decision Approving Lands for Conveyance, 17996 E8-6769 Environmental Impact Statement, etc.; Intent: Sonoran Valley Parkway Project, Maricopa County, AZ, 17995-17996 E8-6793 Meetings: Coeur d’Alene District Resource Advisory Council Meeting and Recreation Subcommittee; Idaho, 17996-17997 E8-6778 Proposed Reinstatement of Terminated Oil and Gas Lease, 17997 E8-6781 E8-6827 E8-6830 Library Library of Congress See Copyright Royalty Board, Library of Congress NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulation:
Contractor Performance Information; FAR Case 2006-022, 17945-17947 E8-6795 National Archives National Archives and Records Administration NOTICES Records Schedules; Availability and Request for Comments, 18005-18007 E8-6855 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18007 E8-6770 National Institute National Institute of Standards and Technology NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 17955 E8-6684 NIH National Institutes of Health NOTICES Meetings: National Institute of Mental Health, 17991 E8-6710 NOAA National Oceanic and Atmospheric Administration NOTICES Endangered Species Application, 17955-17956 E8-6849 E8-6850 Marine Mammals Application Amendment, 17957 E8-6838 Meetings: Marine Protected Areas Federal Advisory Committee, 17957-17958 E8-6703 National Science National Science Foundation NOTICES Meetings: Advisory Committee for Engineering, 18007 E8-6716 Navy Navy Department NOTICES Privacy Act;
Systems of Records, 17959-17962 E8-6829 E8-6832 Nuclear Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18007-18008 E8-6783 Amendment to Facility Operating License, etc.: James A. Fitzpatrick Nuclear Power Plant, 18008-18010 E8-6791 Dominion Nuclear Connecticut Inc.; Atomic Safety And Licensing Board Establishment, 18010-18011 E8-6789 Meetings; Sunshine Act, 18011 E8-6785 Presidential Presidential Documents PROCLAMATIONS Trade:
Harmonized Tariff Schedule of the U.S.; modifications (Proc. 8228), 18139-18146 08-1091 ADMINISTRATIVE ORDERS Pakistan; waiver of coup-related sanctions (Presidential Determination) No. 2008-16 of March 24, 2008, 18147 08-1092 SEC Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: American Stock Exchange LLC, 18011-18013 E8-6730 Boston Stock Exchange, Inc., 18013-18016 E8-6731 E8-6788 Chicago Board Options Exchange, Inc., 18016-18019 E8-6733 E8-6787 Depository Trust Co. et al., 18019-18022 E8-6808 Municipal Securities Rulemaking Board, 18022-18026 E8-6837 National Stock Exchange, Inc., 18026-18028 E8-6776 Philadelphia Stock Exchange, Inc., 18028-18029 E8-6732 SBA Small Business Administration NOTICES Disaster Declaration:
Florida, 18029 E8-6826 State State Department NOTICES Culturally Significant Objects Imported for Exhibition: Muraqqa: Imperial Mughal Albums From the chester Beatty Library, Dublin, 18029-18030 E8-6814 Delegation of Authority: Deputy Secretary to the Under Secretary for Political Affairs et al., 18030 E8-6823 Surface Surface Transportation Board NOTICES Railroad Cost Recovery Procedures Productivity Adjustment, 18031 E8-6846 TVA Tennessee Valley Authority NOTICES Meetings; Sunshine Act, 18030 E8-6780 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Surface Transportation Board NOTICES Air Molokai Nui, Inc.;
Commuter Air Carrier Authorization Application, 18030-18031 E8-6807 Treasury Treasury Department See Internal Revenue Service Separate Parts In This Issue Part II Energy Department, 18044-18137 E8-6239 Part III Executive Office of the President, Presidential Documents, 18139-18147 08-1091 08-1092 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 73 64 Wednesday, April 2, 2008 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Part 94 [Docket No.
APHIS-2006-0186] RIN 0579-AC24 Importation of Uncooked Pork and Pork Products AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. SUMMARY: We are amending the regulations for importing animal products to allow the importation of uncooked pork and pork products from regions where classical swine fever
(CSF)is considered to exist if the uncooked pork and pork products originate in a region free of CSF and meet certain other conditions with respect to processing and shipping. This action removes some restrictions on the importation of uncooked pork and pork products while continuing to protect against an incursion of CSF into the United States. DATES: *Effective Date:* May 2, 2008. FOR FURTHER INFORMATION CONTACT: Dr. Masoud A. Malik, Senior Staff Veterinarian, Technical Trade Services, National Center for Import and Export, VS, APHIS, 4700 River Road Unit 40, Riverdale, MD 20737-1231;
(301)734-3277. SUPPLEMENTARY INFORMATION: Background The regulations in 9 CFR part 94 prohibit or restrict the importation of certain animals and animal and poultry products into the United States to prevent the introduction of dangerous and destructive diseases of livestock and poultry. Section 94.9 contains requirements that apply to the importation of pork and pork products from regions where classical swine fever
(CSF)exists. On January 5, 2007, we published in the **Federal Register** (72 FR 471-475, Docket No. APHIS-2006-0186) a proposal 1 to allow the importation of uncooked pork and pork products from regions where CSF is considered to exist if the uncooked pork and pork products originate in a region free of CSF and meet certain other conditions with respect to processing and shipping. 1 To view the proposed rule and the comments we received, go to *http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2006-0186.* We solicited comments concerning our proposal for 60 days ending March 6, 2007. We received 11 comments by that date, from private citizens, a State animal industry board, a State animal health commission, an animal welfare advocacy group, a pork industry association, a veterinary medical association, and representatives of the Mexican Government. Several commenters expressed concern that the proposed rule would increase the risk of a CSF introduction into the United States. Some of these commenters were also concerned about the economic impact of the proposed rule on the pork industry in the United States, especially as a result of a loss of consumer confidence in U.S.-origin pork both with domestic consumers and foreign trading partners in the event of a CSF introduction to the United States. While we agree that an animal disease outbreak could have negative impacts on markets for U.S. meat, we are confident that, for the reasons explained in the proposed rule, the protections afforded by the safeguards contained in this final rule will reduce to an acceptable level the risks associated with any importation of pork or pork products that originate in regions designated as free of CSF but that have been processed in regions that are not designated as free of CSF. One commenter expressed concern that the Animal and Plant Health Inspection Service (APHIS) and the Food Safety and Inspection Service
(FSIS)will not be able to monitor foreign processing establishments effectively and take appropriate remedial action in a timely manner. We disagree. Both APHIS and FSIS have strong inspection and enforcement processes in place to ensure that foreign processing establishments meet the requirements of the Federal Meat Inspection Act and the regulations issued thereunder, as well as APHIS regulations. One commenter stated that APHIS's conclusion that the proposed rule would have a minimal economic impact on the U.S. pork industry is premature. We have prepared a revised economic analysis with the most recent available economic data. Our analysis shows that even in the case of pork imports from Mexico increasing by twice the amount imported in 2006, the effect on cash receipts of U.S. pork producers would be less than one-tenth of 1 percent. One commenter expressed concern that under the rule, retail stores could obtain processing inspection status in the United States and allow fresh meat from CSF regions to go directly from foreign plants to U.S. stores. Retailers would not be able to import fresh pork directly to their stores. In addition to the requirements APHIS imposes on imported meat and meat products, all meat imported into the United States for commercial purposes must be inspected by FSIS to ensure it meets the requirements of the Federal Meat Inspection Act and FSIS regulations. Imported meat must be moved from the port of arrival to the nearest defrost facility or an inspection house supervised by FSIS for review, inspection, and, if necessary, laboratory testing before the meat is distributed to the market or retail stores. One commenter was concerned that shipping swine to foreign establishments for slaughter would result in inhumane treatment of the swine. Under this final rule, only pork or pork products—not live swine—originating in CSF-free regions may be processed in regions that are not CSF-free and then imported into the United States. As we explained in the proposed rule, we would not allow processing establishments that process pork or pork products for export to the United States to receive live swine, because CSF spreads quickly in environments where swine are held or slaughtered. Some commenters asked why no risk analysis was performed for this rulemaking. These commenters stated that a risk analysis addressing issues of contamination at plants in CSF regions, review of biosecurity practices at plants, review of plants' compliance history, and need for sampling of products should be prepared. This rule includes requirements to ensure that pork and pork products from CSF-free regions are shipped to the processing facility in a manner that will prevent contamination. Records documenting shipment under seal must be kept at the facility for 2 years. The rule also contains measures to ensure contamination does not occur at the facility. These include a prohibition on the facility receiving or handling any pork or pork products from regions which are not free of CSF, a requirement that the processing be supervised by a full-time salaried meat inspection official of the national government of the region in which the facility is located, and provisions for APHIS monitoring. In addition, the facility must be approved by FSIS. We note that under the provisions of § 94.6, poultry carcasses and parts and products of poultry carcasses from regions free of exotic Newcastle disease
(END)may be processed in regions where END exists under conditions similar to those we proposed for pork and pork products. Those measures have proven successful in mitigating the risk of introducing END into the United States through poultry carcasses or parts and products of poultry carcasses. Under these circumstances, we decided that a risk analysis was not necessary. One commenter asked if the references to “regions” are consistent with the definition in the Terrestrial Animal Health Code, and if the United States Department of Agriculture has defined the science-based criteria to evaluate whether or not a region should be considered to be free of CSF. The term “region” is defined in § 94.1 as “Any defined geographical land area identifiable by geological, political, or surveyed boundaries. A region may consist of any of the following:
(1)A national entity (country);
(2)Part of a national entity (zone, county, department, municipality, parish, Province, State, etc.);
(3)Parts of several national entities combined into an area; or
(4)A group of national entities (countries) combined into a single area.” We believe this definition to be consistent with World Organization for Animal Health definitions. APHIS evaluates foreign regions for disease-free status in accordance with the criteria set forth in our regulations in 9 CFR part 92. Additional information on determining animal disease status and risk assessment can be found online at the Veterinary Services Regionalization Evaluation Services Staff Web site, *http://www.aphis.usda.gov/vs/ncie/reg-request.html* . The informational document “Process for Foreign Animal Disease Status Evaluations, Regionalization, Risk Analysis, and Rulemaking,” which describes the process APHIS follows when conducting foreign animal disease status evaluation, regionalization, risk analysis, and related rulemaking, is available to the public through that Web site by clicking on the document title at the bottom of the page. This final rule does not make any changes to the definition of a region, nor does it add or remove any regions from the list of regions recognized as CSF-free. We have made a minor, nonsubstantive change in § 94.9 in this final rule by adding the word “representative” after the second “APHIS” in the second sentence of paragraph (e)(4). This word was inadvertently left out in the proposed rule. Therefore, for the reasons given in the proposed rule and in this document, we are adopting the proposed rule as a final rule, with the changes discussed in this document. Executive Order 12866 and Regulatory Flexibility Act This rule has been reviewed under Executive Order 12866. The rule has been determined to be not significant for the purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget. The U.S. swine industry plays an important role in the U.S. economy. Cash receipts from marketing meat animals were about $15 billion in 2005 (2001-2005 average, $12.4 billion). Sales totaled 27.2 billion pounds in 2005. 2 Table 1 presents a time series of production, consumption, and export and import data. As the table shows, U.S. pork production increased from 7,764,000 metric tons in 1996 to 9,392,000 metric tons in 2005, an annual growth rate of about 2.1 percent. Similarly, consumption increased from 7,619,000 metric tons to 8,671,000 metric tons. During the same period, U.S. exports increased from 440,000 metric tons to 1,207,000 metric tons, by far outpacing imports. Net exports increased from 159,000 metric tons to 743,000 metric tons. 2 NASS/USDA, Meat Animals Production, Disposition, and Income: 2005 Summary, April 2006. Table 1.—U.S. Pork Production, Consumption, Price, Exports and Imports, 1996-2005 Year Production in 1,000 metric tons Consumption in 1,000 metric tons Price per metric ton Exports in 1,000 metric tons Imports in 1,000 metric tons Net exports in 1,000 metric tons 1996 7,764 7,619 $1,596 440 281 159 1997 7,835 7,631 1,562 473 288 185 1998 8,623 8,305 1,170 558 320 238 1999 8,758 8,594 1,178 582 375 207 2000 8,596 8,455 1,413 584 438 146 2001 8,691 8,389 1,473 707 431 276 2002 8,929 8,685 1,179 731 486 245 2003 9,056 8,816 1,298 779 538 241 2004 9,312 8,817 1,621 989 499 490 2005 9,392 8,671 1,562 1,207 464 743 5-year average (2001-2005) 9,076 8,676 1,427 883 484 399 *Sources:* USDA/FAS, PS&D Online, 1996-2005, *www.fas.usda.gov/psdonline/psdquery.aspx* ; prices, reported as $/100 pounds for yearly pork carcass cut-out values, are converted to dollars per metric ton, and are taken from Red Meat Yearbook (94006), *http://usda.manlib.cornell.edu/usda/94006/wholesaleprices.xls* ; net exports are calculated as the difference between exports and imports for each year. The United States exported a total of about 907,000 metric tons of fresh or frozen pork valued at $2.2 billion in 2006. Although exports are widely distributed, a few regions represent major markets. The major destinations include Japan (45.3 percent), Mexico (11.2 percent), Canada (12.2 percent), South Korea (13.1 percent), Russia (4 percent), Australia (3.4 percent), China (1.9 percent), and Taiwan (0.8 percent). These regions accounted for nearly 92 percent of U.S. fresh or frozen pork exports in 2006. The most recent data (January-February 2007) show a similar pattern. 3 Under our current regulations, all U.S. fresh and frozen pork imports are from regions that are free from CSF. As shown in table 2, the United States imported about 342,000 metric tons of fresh or frozen pork valued at $863 million in 2006. Most of the imports were from Canada (84.3 percent) and Denmark (10.3 percent). Other regions that supplied pork include the Netherlands (0.7 percent), Ireland (0.5 percent), the United Kingdom (0.4 percent), Finland (0.4 percent), and Mexico (0.4 percent), with a total of less than 0.7 percent of imports coming from six other countries. In January and February of 2007, a similar import pattern was observed, with imports of about 52,600 metric tons of fresh or frozen pork valued at about $131 million for this 2-month period. 3 The World Trade Atlas: Global Trade Information Services, Inc., U.S. edition, February 2007. Table 2.—U.S. Global Imports of Fresh or Frozen Pork, 2003-2007 Source 2003 $Million 2004 Metric tons 2005 $Million 2006 Metric tons 2007 (Jan-Feb) $Million Metric tons $Million Metric tons $Million Metric tons Canada $644.806 349422.6 $760.886 320339.3 $745.496 315136.5 $681.313 288624.2 $103.11 46102.2 Denmark 156.324 45735.7 182.794 46697.8 154.933 34477.9 141.731 35208.8 22.65 5248.1 Ireland 9.998 2905.7 128.38 2889.4 12.192 2590.5 8.657 1750.9 1.627 335.2 Finland 2115 822.4 6.792 2186.3 4.797 1356.5 5.235 1292.7 0.513 95.3 Netherlands 0 0 8.511 1923.3 9.373 2249.8 10.508 2490.2 0 0 United Kingdom 4.281 1488.7 4.184 1020.6 10.787 2186.3 7.305 1410.7 1.608 323.9 Mexico 1 0.949 391.9 2.498 725.8 4.212 1038.7 5.102 1496.6 1.201 306.6 Sweden 0.098 40.8 2.95 730.3 2.4 557.9 1.807 386 0.068 23.6 Germany 1 9.353 137.4 0 0 0.319 117.9 0.381 91.2 0 0 Australia 0.038 12.3 0.05 9.1 0.056 24 0 0 0 0 New Zealand 0.037 14.5 0 0 0 0 0 0 0 0 Chile 0 0 0 0 0 0 0.723 320.2 0.468 126.1 Iceland 0 0 0 0 0 0 0.161 24 0 0 Belgium 1 0 0 0 0 0 0 0.058 23.1 0 0 China 0 0 0 0 0 0 0.042 18.1 0 0 World total 819 400972.1 928.504 373514.5 944.565 359738.7 863.024 342257.1 131.46 52562.8 1 Mexico contains regions where CSF exists, but also contains regions recognized as CSF-free. Belgium and Germany are part of the APHIS-defined CSF region, a single region of low risk for CSF. Pork, pork products, and swine from this region may be imported into the United States in accordance with the provisions of § 94.24. Overall Impacts of Potential Pork Imports From Mexico As indicated above, the rule will allow uncooked pork and pork products that originate in the United States to be shipped for processing to Mexico, which contains areas where CSF is considered to exist, and then be returned to the United States. As the Mexican Government and U.S. pork producers have requested this rule, this trade may increase under the rule, but we are unable to predict the size of the increase. Pork imports from Mexico accounted for only 0.6 percent in terms of value and only 0.4 percent in terms of volume in 2006. We estimate here the impact of pork imports from Mexico on U.S. production, consumption, and prices using a net trade welfare model. The data used are obtained from the Foreign Agricultural Service
(FAS)Production, Supply and Distribution (PS&D) database; 4 the USDA Economic Research Service
(ERS)Red Meat Yearbook (94006); 5 the Global Trade Atlas; 6 and United Nations/Food and Agriculture Organization FAOSTAT data. 7 The baseline data used are as shown in the last row of table 1. The demand and supply elasticities used are −0.086 and 1, respectively. 8 4 *http://www.fas.usda.gov/psdonline/psdquery.aspx.* 5 *http://usda.mannlib.cornell.edu/usda/ers/94006/wholesaleprices.xls.* 6 Global Trade Information Services, Inc., country edition, March 2007. 7 *http://faostat.fao.org.* 8 John Sullivan, John Wainio, and Vernon Roningen, A Database for Trade Liberalization Studies, #AGES89-12, March 1989. We model three potential levels of pork imports from Mexico: Average imports from Mexico between 2003 and 2006; imports in 2006; and twice the imports in 2006. Amounts of pork shipped to the United States under the three scenarios are 906.45 metric tons, 1,470 metric tons, and 2,940 metric tons. Table 3 presents the changes resulting from the assumed U.S. pork imports from Mexico. These include annual changes in U.S. consumption, production, wholesale price, consumer welfare, producer welfare, and net welfare. Our medium level of assumed pork imports of 1.470 metric tons (2006 actual imports) results in a decline of $0.13 per metric ton in the wholesale price of pork and a fall in U.S. production of about 770 metric tons. Consumption increases by about 700 metric tons. Producer welfare declines by about $1.10 million and consumer welfare increases by about $1.16 million, yielding an annual net benefit of about $65,000. Table 3.—Estimated Impact for the U.S. Economy of Pork Imports From Mexico Under Three Scenarios Average imports (2003-2006) 2006 imports Twice the 2006 imports Assumed pork imports, metric tons 906.45 1470 2940 Change in U.S. consumption, metric tons 432.04 700.45 1401.3 Change in U.S. production, metric tons −474.41 −769.35 −1538.7 Change in wholesale price of pork, dollars per metric ton −$0.08 −$0.13 −$0.27 Change in consumer welfare $716,910 $1,162,630 $2,325,360 Change in producer welfare −$676,960 −$1,097,810 −$2,195,520 Annual net welfare gain $39,950 $64,820 $129,840 Note: The baseline data used are 5-year annual averages for production, consumption, price, exports, and imports (2001-2005), as reported in the last row of table 1. The demand and supply elasticities used are −0.086 and 1, respectively. The first column presents impacts assuming imports from Mexico equivalent to the 2003-2006 average. In this case, the price decreases by $0.08 per metric ton, production declines by about 474 metric tons, and consumption increases by about 432 metric tons. Consumer welfare increases by about $717,000, and producer welfare declines by $677,000. The annual net benefit is about $40,000. Finally, the last column presents a case of expanded trade, with pork imports by the United States assumed to equal twice the 2006 imports from Mexico. The wholesale price of pork declines by $0.27 per metric ton, production declines by about 1,540 metric tons, and consumption increases by about 1,400 metric tons. Consumer welfare increases by about $2.3 million, while production welfare declines by about $2.2 million. The annual net benefit is about $130,000. In all cases, consumer welfare gains outweigh production welfare losses. The decline in producer welfare, even in the last scenario, represents less than one-tenth of 1 percent of cash receipts received from the sale of domestic hogs and pork products. 9 Thus, our analysis indicates that U.S. entities are unlikely to be significantly affected by this rule. 9 $9.7 million divided by $12.4 billion equals 0.08 percent. Expected Impacts of the Rule for Small Entities The Regulatory Flexibility Act requires that agencies consider the economic impacts of their rules on small entities. We expect the impact of this rule for businesses large and small to be insignificant, but note here that the main industries that could be affected—meat processing (NAICS 311612) and meat and meat product merchant wholesalers (NAICS 424470)—are primarily composed of small entities. Under Small Business Administration
(SBA)standards, meat processing establishments with no more than 500 employees, and meat and meat products wholesalers with no more than 100 employees are considered small. In 2002, there were 1,335 companies in the United States that processed and sold meat. More than 97 percent of these establishments are considered to be small entities and had average sales of $15.4 million, while large meat processors had average sales of $188 million. In 2002, there were 2,535 meat and meat product wholesalers in the United States. Of these establishments, 2,456 (97 percent) employed not more than 100 employees and are thus considered small by SBA standards. Small wholesalers had average sales of $9.3 million, while large entities had average sales of $131 million. 10 Additionally, entities that produce hogs and pigs (NAICS 11210) could be affected. 11 There were 82,028 farms with sales of hogs, about 94 percent of which are considered to be small. The impact of the rule is expected to be small for all entities, regardless of their size. 10 U.S. Census Bureau, 2002 Economic Census: Manufacturing—Industries Series and Wholesale Trade-Subject, August 2006. 11 SBA, Small Business Size Standards matched to North American Industry Classification System. Effective July 31, 2006. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant economic impact on a substantial number of small entities. Executive Order 12988 This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule:
(1)Preempts all State and local laws and regulations that are inconsistent with this rule;
(2)has no retroactive effect; and
(3)does not require administrative proceedings before parties may file suit in court challenging this rule. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ), the information collection or recordkeeping requirements included in this rule have been approved by the Office of Management and Budget
(OMB)under OMB control number 0579-0333. E-Government Act Compliance The Animal and Plant Health Inspection Service is committed to compliance with the E-Government Act to promote the use of the Internet and other information technologies, to provide increased opportunities for citizen access to Government information and services, and for other purposes. For information pertinent to E-Government Act compliance related to this rule, please contact Mrs. Celeste Sickles, APHIS' Information Collection Coordinator, at
(301)734-7477. List of Subjects in 9 CFR Part 94 Animal diseases, Imports, Livestock, Meat and meat products, Milk, Poultry and poultry products, Reporting and recordkeeping requirements. Accordingly, we are amending 9 CFR part 94 as follows: PART 94—RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL PLAGUE), EXOTIC NEWCASTLE DISEASE, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS 1. The authority citation for part 94 continues to read as follows: Authority: 7 U.S.C. 450, 7701-7772, 7781-7786, and 8301-8317; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4. § 94.12, 94.16, 94.17, 94.18 [Amended] 2. Sections 94.12, 94.16, 94.17, and 94.18 are amended by redesignating footnotes 12 through 18 as footnotes 13 through 19, respectively. 3. In § 94.9, a new paragraph
(e)and a new footnote 12 are added and the OMB citation at the end of the section is revised to read as follows: § 94.9 Pork and pork products from regions where classical swine fever exists.
(e)Uncooked pork or pork products that originated in a region considered to be free of classical swine fever
(CSF)and are processed in a region where CSF exists may be imported into the United States under the following conditions:
(1)*Shipment to approved establishments.*
(i)The uncooked pork or pork products must be shipped from the CSF-free region of origin in closed containers sealed with serially numbered seals applied by an official of the national government of that region. They must be accompanied by a certificate that is signed by an official of that region's national government and that specifies the product's region of origin, the name and number of the establishment of origin, and the processing establishment to which the uncooked pork or pork products are consigned, and the numbers of the seals applied to the shipping containers.
(ii)The uncooked pork or pork products may be removed from containers at the processing establishment in the region where CSF is considered to exist only after an official of that region's national government has determined that the seals are intact and free of any evidence of tampering.
(2)*Handling of uncooked pork and pork products.* Establishments 12 in regions where CSF is considered to exist that process uncooked pork or pork products for export to the United States: 12 See footnote 9 in § 94.8.
(i)May not receive or handle any live swine;
(ii)May not receive, handle, or process uncooked pork or pork products that originate in regions affected with CSF;
(iii)Must keep the certificate required by paragraph (e)(1)(i) of this section on file at the facility for a period of at least 2 years after export of processed products to the United States, and must make those records available to USDA inspectors during inspections; and
(iv)Must be evaluated and approved by APHIS through a site inspection.
(3)*Compliance agreement.* The operators of the processing establishment must sign a compliance agreement with APHIS, stating that:
(i)All meat processed for importation to the United States will be processed in accordance with the requirements of this part; and
(ii)A full-time, salaried meat inspection official of the national government of the region in which the processing facility is located will supervise the processing and examination of the product, and certify that it has been processed in accordance with this section; and
(iii)APHIS personnel or other persons authorized by the Administrator may enter the establishment, unannounced, to inspect the establishment and its records.
(4)*Cooperative service agreement.* The processing establishment, or a party on its behalf, must enter into a cooperative service agreement with APHIS to pay all expenses incurred by APHIS for the initial evaluation of the processing establishment and periodically thereafter, including travel, salary, subsistence, administrative overhead, and other incidental expenses, including excess baggage up to 150 pounds. In accordance with the terms of the cooperative service agreement, before the APHIS representative's site inspection, the operator of the processing establishment or the party acting on their behalf must deposit with the Administrator an amount equal to the approximate cost of one inspection by an APHIS representative, including travel, salary, subsistence, administrative overhead, and other incidental expenses, including excess baggage up to 150 pounds. As funds from that amount are obligated, a bill for costs incurred based on official accounting records will be issued to restore the deposit to the original level, revised as necessary to allow for inflation or other changes in estimated costs. To be current, bills must be paid within 14 days of receipt.
(5)*Shipment to the United States.* Uncooked pork or pork products to be imported into the United States must be shipped from the region where they were processed in closed containers sealed with serially numbered seals applied by an official of the national government of that region. The shipments must be accompanied by a certificate signed by an official of the national government of the region where the pork or pork products were processed that lists the numbers of the seals applied and states that all of the conditions of this paragraph
(e)have been met. The certificate shall also state that the container seals specified in paragraph (e)(1)(i) and
(ii)of this section were found by an official of the region's national government to be intact and free of any evidence of tampering on arrival at the processing establishment in the CSF-affected region. A copy of this certificate must be kept on file at the processing establishment for at least 2 years. (Approved by the Office of Management and Budget under control numbers 0579-0015 and 0579-0333) § 94.17 [Amended] 4. In § 94.17, newly redesignated footnote 17 is amended by removing the words “footnote 15” and adding the words “footnote 16” in their place and by removing the words “§ 94.17(e) of this part” and adding the words “paragraph
(e)of this section” in their place. Done in Washington, DC, this 27th day of March 2008. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E8-6800 Filed 4-1-08; 8:45 am] BILLING CODE 3410-34-P FEDERAL RESERVE SYSTEM 12 CFR Part 268 [Docket No. OP-1264] Rules Regarding Equal Opportunity AGENCY: Board of Governors of the Federal Reserve System. ACTION: Final rule. SUMMARY: The Board of Governors of the Federal Reserve System (the Board) has adopted a final rule that amends the section of its Rules Regarding Equal Opportunity (EEO Rules) which governs the employment of persons who are not United States citizens consistent with the Board's requirements for the security of its information. The amendment to this rule was first published on November 8, 2005, as an immediately effective interim rule with opportunity for public comment. The Board received no comments on the rule. On its own initiative, to address additional operational issues, the Board made further changes to the rule and on August 7, 2006, published a new immediately effective interim rule with opportunity for public comment. The Board received no comments on the rule. With the changes discussed below, the Board is now adopting the August 7, 2006, interim rule as the final rule. DATES: This final rule is effective April 2, 2008. FOR FURTHER INFORMATION CONTACT: Alicia S. Foster, Senior Counsel (202-452-5289), Legal Division, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. For users of Telecommunications Device for the Deaf
(TDD)only, contact 202-263-4869. SUPPLEMENTARY INFORMATION: On November 8, 2005, by an immediately effective interim rule (70 FR 67641), the Board amended § 268.205 to permit the Board to hire certain Non-Citizens into positions requiring access to information of the Federal Open Market Committee (FOMC), subject to particular conditions and a preference for U.S. citizens over equally qualified non-citizens. 1 The Board received no comments on the November 2005 interim rule. After the Board published the November 2005 interim rule and before the Board published the rule in final form, however, it became apparent that the hiring pressures that affected positions requiring access to FOMC Information and prompted the change in the EEO Rules also existed with respect to certain positions requiring access to Confidential Supervisory Information, a second category of Sensitive Information. Therefore, on August 7, 2006, the Board published a new interim rule (71 FR 44555) that extended the hiring requirements that apply to FOMC Information to Confidential Supervisory Information and made some additional modifications that apply to access to FOMC and Confidential Supervisory Information. The 60-day comment period for the interim rule ended on October 6, 2006. The Board received no comments on the August 2006 interim rule. With the changes noted below, the Board is now adopting the August 2006 interim rule as the final rule. 1 Access to FOMC Information is also governed by the rules of the FOMC. See, for example, 12 CFR part 271. The Board is making three substantive changes to the August 2006 interim rule. First, the Board is amending § 268.205(a)(9)(iii), which applies only to persons who were employed by the Federal Reserve as of January 1, 2006, and permits an employee who is a lawfully admitted permanent resident alien, an alien lawfully admitted for temporary resident, a refugee, or person granted asylum to qualify as a Protected Individual for purposes of the Board's rule even if he or she filed for citizenship beyond the six-month period set forth in 8 U.S.C. 1324b(a)(3)(B)(i). In addition to the requirements set out in the interim rule for persons in this category, the final rule is amended to reflect the current policy of the Board that these employees complete a satisfactory background check. Thus, the Board is amending § 268.205(a)(9)(iii) to add a new paragraph
(E)that expressly requires that an employee may qualify under this section only if he or she also passes a background investigation acceptable to the Board. Because of the addition of this new paragraph, which is now the last paragraph in this section, punctuation changes are also being made to existing paragraphs
(C)and (D). Second, the Board is modifying § 268.205(c)(4)(i) of the interim rule, which addresses access by Reserve Bank employees to FOMC Information, to clarify the interplay between the § 268.205 rule and the separate rules of the FOMC. The FOMC's rules now apply the Board's rule under § 268.205 to access to FOMC information by non-citizens employed anywhere in the Federal Reserve System, and the Board has amended § 268.205(c)(4)(i) to reflect this action. Third, the Board is amending the rule to include a new paragraph, § 268.205(c)(5), addressing exceptions to the rule's requirements as they apply to access to Confidential Supervisory Information. The Board believes this new exception is necessary to cover unusual, unforeseen situations that may arise. Because the need for an exception should rarely arise, however, the exception is very narrow. To be granted an exception, the requester must demonstrate that unusual circumstances exist and that the employee for whom access is being requested has a strong and particularized need for access to the Confidential Supervisory Information. All exceptions for access to Confidential Supervisory Information must be approved by the Chairman of the Board's Committee on Supervisory and Regulatory Affairs. A similar provision is not necessary for FOMC Information because the rules of the FOMC delineate when exceptions, including those on the basis of citizenship may be granted, for access to FOMC Information by Board and Reserve Bank employees and others. As a result of this new paragraph (5), the existing paragraph (c)(5) has been redesignated as paragraph (c)(6). Finally, the Board is making editorial corrections to the phrases “appropriations laws” and the “appropriations ban” as referenced in the definition of “Country List” at § 268.205(a)(3). Final Regulatory Flexibility Act Analysis The Regulatory Flexibility Act (Pub. L. 96-354, 5 U.S.C. 601 *et seq.* ), generally requires an agency to perform an assessment of the impact a rule is expected to have on small entities. However, under section 605(b) of the Regulatory Flexibility Act (RFA), 5 U.S.C. 605(b), the regulatory flexibility analysis otherwise required under section 604 of the RFA is not required if an agency certifies, along with a statement providing the factual basis for such certification, that the rule will not have a significant economic impact on a substantial number of small entities. Because this rule governs the Board's dealings with its employees and applicants for employment and access to FOMC and Confidential Supervisory Information by Reserve Bank employees, and would not affect small entities as defined for purposes of the RFA, the Board certifies that the rule will not have a significant economic impact on a substantial number of small entities. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. ch. 3506; 5 CFR 1320 Appendix A.1), the Board reviewed the rule under the authority delegated to the Board by the Office of Management and Budget. No collections of information pursuant to the Paperwork Reduction Act are contained in this rule. Plain Language Section 722 of the Gramm-Leach-Bliley Act requires each federal banking agency to use plain language in all rules published after January 1, 2000. The Board has attempted to use plain language in drafting this rule. In the interim proposals, the Board invited comments on whether it could take additional steps to make the rule easier to understand. The Board received no comments on § 268.205. List of Subjects in 12 CFR Part 268 Administrative practice and procedure, Aged, Civil rights, Equal employment opportunity, Federal buildings and facilities, Federal Reserve System, Government employees, Individuals with disabilities, Religious discrimination, Sex discrimination, Wages. Authority and Issuance For the reasons discussed in the preamble, the interim rule amending 12 CFR part 268, which was published at 71 FR 44555 on August 7, 2006, is adopted as final with the following changes: PART 268—RULES REGARDING EQUAL OPPORTUNITY 1. The authority citation for part 268 continues to read as follows: Authority: 12 U.S.C. 244 and 248 (i), (k), and (l). 2. Amend § 268.205 as follows: a. In paragraph (a)(3), correct “appropriations' laws” to read “appropriations laws” and correct “appropriations' ban” to read “appropriations ban”. b. Remove the word “and” at the end of paragraph (a)(9)(iii)(C) and add “; and” at the end of paragraph (a)(9)(iii)(D). c. Add a new paragraph (a)(9)(iii)(E). d. Revise paragraph (c)(4)(i). e. Redesignate paragraph (c)(5) as paragraph (c)(6), and add a new paragraph (c)(5). The additions and revisions read as follows: § 268.205 Employment of aliens; Access to sensitive information.
(a)* * *
(9)* * *
(iii)* * *
(E)Has completed a background investigation acceptable to the Board.
(c)* * *
(4)* * *
(i)*FOMC Information* . By action of the FOMC, a Reserve Bank employee may access FOMC Information in accordance with these rules.
(5)*Exceptions for access to Confidential Supervisory Information.* A Board or Reserve Bank employer may request an exception for access to Confidential Supervisory Information. The requester must demonstrate that unusual circumstances exist and that the Board or Reserve Bank employee for whom access is being requested has a strong and particularized need for access to the information. All exceptions for access to Confidential Supervisory Information must be approved by the Chairman of the Board's Committee on Supervisory and Regulatory Affairs. By order of the Board of Governors of the Federal Reserve System, March 27, 2008. Jennifer J. Johnson, Secretary of the Board. [FR Doc. E8-6655 Filed 4-1-08; 8:45 am] BILLING CODE 6210-01-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2008-0163; Airspace Docket No. 08-AGL-2] Amendment of Class E Airspace; Indianapolis, IN AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Direct final rule; request for comments. SUMMARY: This action amends Class E airspace at Indianapolis, IN. Additional controlled airspace is necessary to accommodate aircraft using new RNA V Global Positioning System
(GPS)Standard Instrument Approach Procedures (SIAPs) at Hendricks County—Gordon Graham Field, Indianapolis, IN. This action is necessary for the safety and management of Instrument Flight Rules
(IFR)operations at Hendricks County—Gordon Graham Field, Indianapolis, IN. DATES: *Effective Dates:* 0901 UTC June 5, 2008. Comments for inclusion in the rules Docket must be received May 19, 2008. The Director of the Federal Register approves this incorporation by reference action under Title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. ADDRESSES: Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room WI2-140, Washington, DC 20590-0001. You must identify the docket number FAA-2008-0163/Airspace Docket No. 08-AGL-2, at the beginning of your comments. You may also submit comments through the Internet at *http://regulations.gov* . You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone 1-800-647-5527) is on the ground floor of the building at the above address. FOR FURTHER INFORMATION CONTACT: Joe Yadouga, Central Service center, System Support Group, Federal Aviation Administration, Southwest Region, Fort Worth, TX 76193-0530; telephone
(817)222-5597. SUPPLEMENTARY INFORMATION: The Direct Final Rule Procedure The FAA anticipates that this regulation will not result in adverse or negative comments, and, therefore, issues it as a direct final rule. Unless a written adverse or negative comment or a written notice of intent to submit an adverse or negative comment is received within the comment period, the regulation will become effective on the date specified above. After the close of the comment period, the FAA will publish a document in the **Federal Register** indicating that no adverse or negative comments were received and confirming the effective date of the rule. If the FAA receives, within the comment period, an adverse or negative comment, or written notice of intent to submit such a document, a document withdrawing the direct final rule will be published in the **Federal Register** , and a notice of proposed rulemaking may be published with a new comment period. Comments Invited Although this action is in the form of a direct final rule, and was not preceded by a notice of proposed rulemaking, interested persons are invited to comment on this rule by submitting such written data, views, or arguments as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the direct final rule. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the direct final rule. Commenters wishing the FAA to acknowledge receipt of their comments on this rule must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket No. FA-2008-0163, Airspace docket No. 08-AGL-2.” The postcard will be date/time stamped and returned to the commenter. Communications should identify both docket numbers and be submitted in triplicate to the address specified under the caption ADDRESSES above or through the Web site. All communications received on or before the closing date for comments will be considered, and this rule may be amended or withdrawn in light of the comments received. The Rule This amendment to Title 14, Code of Federal Regulations (14 CFR) part 71, amends Class E airspace at Indianapolis, IN, by providing additional controlled airspace to support the new RVAN
(GPS)RWY 18 approach developed for IFR landings at Hendricks County—Gordon Graham Field, Indianapolis, IN. Controlled airspace extending upward from 700 feet above the surface is required to encompass all SIAPs and for the safety of IFR operations at Hendricks County—Gordon Graham Field. Designations for Class E airspace areas extending upward from 700 feet above the surface of the earth are published in the FAA Order 7400.9R, signed August 15, 2007, and effective September 15, 2007, which is incorporation by reference in 14 CFR part 71.1. Class E designations listed in this document will be published subsequently in the Order. Agency Findings The regulations adopted herein will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among various levels of government. Therefore, it is determined that this final rule does not have federalism implication under Executive Order 13132. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current, is non-controversial and unlikely to result in adverse or negative comments. It, therefore,
(1)is not a “significant regulatory action” under Executive Order 12866;
(2)is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and
(3)does not warrant preparation of a Regulatory Evaluation as the anticipated impact is so minimal since this is a routine matter that will only affect air traffic procedures and air navigation; it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA's authority to issue rules regarding aviation safety is found in Title 49, of the United States Code. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in subtitle VII, Part A, subpart I, section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it provides additional controlled airspace for Hendricks County—Gordon Graham Field, Indianapolis, IN. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (Air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 17 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR 1959-1963 Comp., p. 389. § 71.1 Amended 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9R, Airspace Designation and Reporting Points, signed August 15, 2007, and effective September 15, 2007, is amended as follows: Paragraph 6005 Class E5 airspace areas extending upward from 700 feet above the surface of the earth. AGL IN E5 INDIANAPOLIS, IN [Amended] Indianapolis International Airport, IN (Lat 39°43′02″ N, long 86°17′40″ W) Indianapolis Greenwood Municipal Airport, IN (Lat 39°37′42″ N, long 86°05′16″ W) Indianapolis, Eagle Creek Airpark, IN (Lat 39°49′51″ N, long 86°17′40″ W) Indianapolis Downtown Heliport (Lat 39°45′57″ N, long 86°08′56″ W) Point in Space Coordinates (Lat 39°42′12″ N, long 86°06′28″ W) Brickyard VORTAC (Lat 39°48′53″ N, long 86°22′03″ W) Hendricks County-Gordon Graham Field (Lat 39°44′48″ N, long 86°26′31″ W) That airspace extending upward from 700 feet above the surface within a 7.9 mile radius on the Indianapolis International Airport; and within a 7 mile radius of the Greenwood Municipal Airport; and within a 6.3 mile radius of Eagle Creek Airpark, and within 2.6 miles each side of the Brickyard VORTAC 257° radial, extending from the 6.3 mile radius of the Eagle Creek Airpark and the 7.9 mile radius of the Indianapolis International Airport to 7 miles west of the VORTAC; and within a 6 mile radius of the Point in Space coordinates (Lat 39°42′12″ N, long 86°06′28″ W), serving Indianapolis Downtown Heliport; and within a 6.4 mile radius of Hendricks County—Gordon Graham Field Airport. Issued in Fort Worth, TX, on March 20, 2008. Ronnie L. Uhlenhaker, Acting Manager, System Support Group, ATO Central Service Center. [FR Doc. E8-6572 Filed 4-1-08; 8:45 am] BILLING CODE 4910-13-M DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2008-0024; Airspace Docket No. 08-AGL-4] Amendment of Class E Airspace; Black River Falls, WI AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Direct final rule; request for comments. SUMMARY: This action amends Class E airspace at Black River Falls, WI. Additional controlled airspace is necessary to accommodate aircraft using new Area Navigation
(RNAV)Global Positioning System
(GPS)Standard Instrument Approach Procedures
(SIAP)at Black River Falls Area Airport. The FAA proposes this action to enhance the safety and management of Instrument Flight Rules
(IFR)aircraft operations at Black River Falls Area Airport, Black River Falls, WI. DATES: *Effective Dates:* 0901 UTC June 5, 2008. Comments for inclusion in the rules Docket must be received May 19, 2008. The Director of the Federal Register approves this incorporation by reference action under Title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. ADDRESSES: Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, 1200 New Jersey Avenue, SE, West Building Ground Floor, Room WI2-140, Washington, DC 20590-0001. You must identify the docket number FAA-2008-0024/Airspace Docket No. 08-AGL-4, at the beginning of your comments. You may also submit comments through the Internet at *http://regulations.gov* . You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office, telephone number 1-800-647-5527, is on the ground floor of the building at the above address. FOR FURTHER INFORMATION CONTACT: Joe Yadouga, Central Service Center, System Support Group, Federal Aviation Administration, Southwest Region, Fort Worth, Texas, 76193-0530; telephone number
(817)222-5597. SUPPLEMENTARY INFORMATION: The Direct Final Rule Procedure The FAA anticipates that this regulation will not result in adverse or negative comments, and, therefore, issues it as a direct final rule. Unless a written adverse or negative comment or a written notice of intent to submit an adverse or negative comment is received within the comment period, the regulation will become effective on the date specified above. After the close of the comment period, the FAA will publish a document in the **Federal Register** indicating that no adverse or negative comments were received and confirming the effective date of the rule. If the FAA receives, within the comment period, an adverse or negative comment, or written comment notice of intent to submit such a comment, a document withdrawing the direct final rule will be published in the **Federal Register** , and a notice of proposed rulemaking may be published with a new comment period. Comments Invited Although this action is in the form of a direct final rule, and was not preceded by a notice of proposed rulemaking, interested persons are invited to comment on this rule by submitting such written data, views, or arguments as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the direct final rule. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the direct final rule. Commenters wishing the FAA to acknowledge receipt of their comments on this rule must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket No. FAA-2008-0024, Airspace Docket No. 08-AGL-4.” The postcard will be date/time stamped and returned to the commenter. Communications should identify both docket numbers and be submitted in triplicate to the address specified under the caption ADDRESSES above or through the Web site. All communications received on or before the closing date for comments will be considered, and this rule may be amended or withdrawn in light of the comments received. The Rule This amendment to Title 14, Code of Federal Regulations (14 CFR) part 71, modifies Class E airspace at Black River Falls, WI, by providing additional airspace required to support the new RNAV
(GPS)Runway 08 approach developed for IFR landings at Black River Falls Area Airport. Controlled airspace extending upward from 700 feet above the surface is required to encompass all SIAP and for the safety of IFR operations at Black River Falls Area Airport, Black River Falls, WI. Designations for Class E airspace areas extending upward from 700 feet above the surface of the earth are published in the FAA Order 7400.9R, signed August 15, 2007 and effective September 15, 2007, which is incorporated by reference in 14 CFR 71.1. Class E designations listed in this document will be published subsequently in the Order. Agency Findings The regulations adopted herein will not have substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among various levels of government. Therefore, it is determined that this final rule does not have federalism implication under Executive Order 13132. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current, is non-controversial and unlikely to result in adverse or negative comments. It, therefore,
(1)is not a “significant regulatory action” under Executive Order 12866;
(2)is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and
(3)does not warrant preparation of a Regulatory Evaluation as the anticipated impact is so minimal since this is a routine matter that will only affect air traffic procedures and air navigation. It is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA's authority to issue rules regarding aviation safety is found in Title 49, of the United States Code, Subtitle I, Section 106, describes the authority of the FAA Administrator, Subtitle VII, Aviation Programs, described in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in subtitle VII, Part A, subpart I, section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it provides additional controlled airspace at Black River Falls Area Airport, WI. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (Air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963, Comp., p. 389. § 71.1 Amended 2. The incorporation by reference in 14 CFR 71.1 of the Federal Aviation Administration Order 7400.9R, Airspace Designation and Reporting Points, signed August 15, 2007, and effective September 15, 2007, is amended as follows: Paragraph 6005 Class E airspace areas extending upward from 700 feet above the surface of the earth. AGL WI E5 Black River Falls, WI [Amended] Black River Falls Area Airport (Lat 44°15′03″ N, long 90°51′19″ W) That airspace extending upward from 700 feet above the surface within a 6.4-mile radius of the Black River Falls Area Airport and within 2.7 miles each side of the 253° bearing from the Black River Falls Area Airport, extending from the 6.4-mile radius to 7.4 miles southwest of the airport; and within 3.85 miles each side of the 260° bearing from the Black River Falls Area Airport extending from the 6.4-mile radius to 8.8 miles southwest of the airport. Issued in Fort Worth, TX, on March 20, 2008. Ronnie L. Uhlenhaker, Acting Manager, System Support Group, ATO Central Service Center. [FR Doc. E8-6580 Filed 4-1-08; 8:45 am] BILLING CODE 4910-13-M DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 522 Implantation or Injectable Dosage Form New Animal Drugs; Enrofloxacin AGENCY: Food and Drug Administration, HHS. ACTION: Final rule. SUMMARY: The Food and Drug Administration
(FDA)is amending the animal drug regulations to reflect approval of a supplemental new animal drug application
(NADA)filed by Bayer HealthCare, LLC. The supplemental NADA provides for the use of enrofloxacin injectable solution in female dairy cattle less than 20 months of age. DATES: This rule is effective April 2, 2008. FOR FURTHER INFORMATION CONTACT: Joan C. Gotthardt, Center for Veterinary Medicine (HFV-130), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 240-276-8342, e-mail: *joan.gotthardt@fda.hhs.gov* . SUPPLEMENTARY INFORMATION: Bayer HealthCare, LLC, Animal Health Division, P.O. Box 390, Shawnee Mission, KS 66201, filed a supplement to NADA 141-068 for BAYTRIL 100 (enrofloxacin) injectable solution used for the treatment of bovine respiratory disease associated with several bacterial pathogens. The supplemental NADA provides for the use of enrofloxacin injectable solution in female dairy cattle less than 20 months of age. The supplemental NADA is approved as of February 13, 2008, and the regulations in 21 CFR 522.812 are amended to reflect the approval. In accordance with the freedom of information provisions of 21 CFR part 20 and 21 CFR 514.11(e)(2)(ii), a summary of safety and effectiveness data and information submitted to support approval of this application may be seen in the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852, between 9 a.m. and 4 p.m., Monday through Friday. Under section 512(c)(2)(F)(iii) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(c)(2)(F)(iii)), this supplemental approval qualifies for 3 years of marketing exclusivity beginning on the date of approval. The agency has determined under 21 CFR 25.33(a)(1) that this action is of a type that does not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is required. This rule does not meet the definition of “rule” in 5 U.S.C. 804(3)(A) because it is a rule of “particular applicability.” Therefore, it is not subject to the congressional review requirements in 5 U.S.C. 801-808. List of Subjects in 21 CFR Part 522 Animal drugs. Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs and redelegated to the Center for Veterinary Medicine, 21 CFR part 522 is amended as follows: PART 522—IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS 1. The authority citation for 21 CFR part 522 continues to read as follows: Authority: 21 U.S.C. 360b. 2. In § 522.812, revise paragraphs (e)(2)(i) through (e)(2)(iii) to read as follows: § 522.812 Enrofloxacin.
(e)* * *
(2)* * *
(i)*Amount* . Single-dose therapy: 7.5 to 12.5 mg/kg of body weight by subcutaneous injection. Multiple-day therapy: 2.5 to 5.0 mg/kg of body weight by subcutaneous injection. Treatment should be repeated at 24-hour intervals for 3 days. Additional treatments may be given on days 4 and 5 to animals that have shown clinical improvement but not total recovery.
(ii)*Indications for use* . For the treatment of bovine respiratory disease
(BRD)associated with *Mannheimia haemolytica* , *Pasteurella multocida* , and *Histophilus somni* (previously *Haemophilus somnus* ) in beef and non-lactating dairy cattle.
(iii)*Limitations* . Animals intended for human consumption must not be slaughtered within 28 days from the last treatment. Do not use in female dairy cattle 20 months of age or older. Use of enrofloxacin in this class of cattle may cause milk residues. A withdrawal period has not been established for this product in pre-ruminating calves. Do not use in calves to be processed for veal. Dated: March 21, 2008. Bernadette Dunham, Director, Center for Veterinary Medicine. [FR Doc. E8-6706 Filed 4-1-08; 8:45 am] BILLING CODE 4160-01-S ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2008-0100; FRL-8549-6] Approval and Promulgation of Implementation Plans; State of Missouri AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. SUMMARY: EPA is taking direct final action to approve Missouri's request to revise the State Implementation Plan
(SIP)to include the State's recently revised ozone season NO <sup>X</sup> cap and trade rules for electric generating units
(EGUs)and non-electric generating units (Non-EGUs) submitted on May 18, 2007. Two existing rules were revised by the State to allow for the transition into the State's recently adopted ozone season trading rule to meet the requirements of the Clean Air Interstate Rule (CAIR). The ozone season rules, an interstate cap and trade rule for EGUs and Non-EGUs in the eastern one-third of the State and a statewide intrastate trading rule for EGUs, were revised to include language that will rescind their requirements in the year 2009, the year CAIR compliance begins. The CAIR ozone season trading rule is more restrictive than the aforementioned rules, and this action is needed to avoid imposing duplicative requirements for the affected sources in the year 2009 and thereafter. DATES: This direct final rule will be effective June 2, 2008, without further notice, unless EPA receives adverse comment by May 2, 2008. If adverse comment is received, EPA will publish a timely withdrawal of the direct final rule in the **Federal Register** informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-OAR-2008-0100, by one of the following methods: 1. *http://www.regulations.gov.* Follow the on-line instructions for submitting comments. 2. *E-mail: jay.michael@epa.gov.* 3. *Mail:* Michael Jay, Environmental Protection Agency, Air Planning and Development Branch, 901 North 5th Street, Kansas City, Kansas 66101. 4. *Hand Delivery or Courier:* Deliver your comments to Michael Jay, Environmental Protection Agency, Air Planning and Development Branch, 901 North 5th Street, Kansas City, Kansas 66101. *Instructions:* Direct your comments to Docket ID No. EPA-R07-OAR-2008-0100. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *http://www.regulations.gov,* including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit through *http://www.regulations.gov* or e-mail information that you consider to be CBI or otherwise protected. The *http://www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *http://www.regulations.gov,* your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. *Docket:* All documents in the docket are listed in the *http://www.regulations.gov* index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in *http://www.regulations.gov* or in hard copy at the Environmental Protection Agency, Air Planning and Development Branch, 901 North 5th Street, Kansas City, Kansas 66101. The Regional Office's official hours of business are Monday through Friday, 8 a.m. to 4:30 p.m. excluding Federal holidays. The interested persons wanting to examine these documents should make an appointment with the office at least 24 hours in advance. FOR FURTHER INFORMATION CONTACT: Michael Jay at
(913)551-7460 or by e-mail at *jay.michael@epa.gov.* SUPPLEMENTARY INFORMATION: Throughout this document whenever “we,” “us,” or “our” is used, we mean EPA. This section provides additional information by addressing the following questions: What is a SIP? What is the Federal approval process for a SIP? What does Federal approval of a state regulation mean to me? What is the background of this action? What is being addressed in this document? Have the requirements for approval of a SIP revision been met? What action is EPA taking? What is a SIP? Section 110 of the Clean Air Act
(CAA)requires states to develop air pollution regulations and control strategies to ensure that state air quality meets the national ambient air quality standards established by EPA. These ambient standards are established under section 109 of the CAA, and they currently address six criteria pollutants. These pollutants are: carbon monoxide, nitrogen dioxide, ozone, lead, particulate matter, and sulfur dioxide. Each state must submit these regulations and control strategies to us for approval and incorporation into the Federally-enforceable SIP. Each Federally-approved SIP protects air quality primarily by addressing air pollution at its point of origin. These SIPs can be extensive, containing state regulations or other enforceable documents and supporting information such as emission inventories, monitoring networks, and modeling demonstrations. What is the Federal approval process for a SIP? In order for state regulations to be incorporated into the Federally-enforceable SIP, states must formally adopt the regulations and control strategies consistent with state and Federal requirements. This process generally includes a public notice, public hearing, public comment period, and a formal adoption by a state-authorized rulemaking body. Once a state rule, regulation, or control strategy is adopted, the state submits it to us for inclusion into the SIP. We must provide public notice and seek additional public comment regarding the proposed Federal action on the state submission. If adverse comments are received, they must be addressed prior to any final Federal action by us. All state regulations and supporting information approved by EPA under section 110 of the CAA are incorporated into the Federally-approved SIP. Records of such SIP actions are maintained in the Code of Federal Regulations
(CFR)at title 40, part 52, entitled “Approval and Promulgation of Implementation Plans.” The actual state regulations which are approved are not reproduced in their entirety in the CFR outright but are “incorporated by reference,” which means that we have approved a given state regulation with a specific effective date. What does Federal approval of a state regulation mean to me? Enforcement of the state regulation before and after it is incorporated into the Federally-approved SIP is primarily a state responsibility. However, after the regulation is Federally approved, we are authorized to take enforcement action against violators. Citizens are also offered legal recourse to address violations as described in section 304 of the CAA. What is the background of this action? The ozone season NO <sup>X</sup> rules discussed in today's action were adopted by Missouri for different purposes. The first rule, 10 CSR 10-6.350, Emissions Limitations and Emissions Trading of Oxides of Nitrogen (statewide NO <sup>X</sup> Rule), as amended in the SIP on September 19, 2005 (70 FR 54840), is designed to achieve emissions reductions to improve the air quality in the St. Louis ozone nonattainment area. This rule requires emissions reductions in the eastern one-third of the state and lesser reductions in the remainder of the state for large EGUs. The second rule, 10 CSR 10-6.360, Control of NO <sup>X</sup> Emissions From Electric Generating Units and Non-Electric Generating Boilers, as adopted in the SIP on August 15, 2006 (71 FR 46860), is an interstate cap and trade rule for EGUs and Non-EGUs in the eastern one-third of the state and is designed to meet, in part, the requirements of EPA's NO <sup>X</sup> SIP Call (69 FR 21604). The two existing rules discussed above were revised by the State to allow for the transition into the recently adopted ozone season trading rule for compliance with CAIR. Missouri's ozone season trading rule 10 CSR 10- 6.364, Clean Air Interstate Rule Seasonal NO <sup>X</sup> Trading Program, affects the entire State and reduces emissions of NO <sup>X</sup> that significantly contribute to, and interfere with maintenance of, the national ambient air quality standard for ozone in any downwind state (72 FR 71073). Compliance with Missouri's ozone season CAIR rule is more restrictive than either 10 CSR 10-6.350 or 10 CSR 10-6.360, and today's SIP revision is necessary, as described below, to avoid imposing duplicative requirements on the affected sources for the ozone period beginning in 2009. What is being addressed in this document? EPA is approving a revision to Missouri's SIP to include two revised NO <sup>X</sup> ozone season trading rules, 10 CSR 10-6.350, Emissions Limitations and Emissions Trading of Oxides of Nitrogen (statewide NO <sup>X</sup> Rule), and 10 CSR 10-6.360, Control of NO <sup>X</sup> Emissions From Electric Generating Units and Non-Electric Generating Boilers. The revised trading rules include new applicability provisions that remove the General Provisions, Reporting and Record Keeping, and Test Methods and Monitoring requirements beginning in the control period 2009 and thereafter. The purpose of the new applicability provisions is to avoid creating duplicative requirements with Missouri's recently adopted ozone season rule 10 CSR 10-6.364, Clean Air Interstate Rule Seasonal NO <sup>X</sup> Trading Program, with which compliance is scheduled to begin in May 2009. Have the requirements for approval of a SIP revision been met? The state submittal has met the public notice requirements for SIP submissions in accordance with 40 CFR 51.102. The submittal also satisfied the completeness criteria of 40 CFR part 51, appendix V. In addition, the revision meets the substantive SIP requirements of the CAA, including section 110 and implementing regulations. What action is EPA taking? EPA is taking final action to approve Missouri's request to revise the SIP as submitted on May 18, 2007. We are processing this action as a direct final action because the revisions make routine changes to the existing rules which are noncontroversial. Therefore, we do not anticipate any adverse comments. Please note that if EPA receives adverse comment on part of this rule and if that part can be severed from the remainder of the rule, EPA may adopt as final those parts of the rule that are not the subject of an adverse comment. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a “significant regulatory action” and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ). Because this rule approves pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely approves a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the CAA. This rule also is not subject to Executive Order 13045, “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997), because it approves a state rule implementing a Federal standard. In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the CAA. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). The Congressional Review Act, 5 U.S.C. 801 *et seq.* , as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the **Federal Register** . A major rule cannot take effect until 60 days after it is published in the **Federal Register** . This action is not a “major rule” as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by *June 2, 2008.* Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: March 24, 2008. John B. Askew, Regional Administrator, Region 7. 40 CFR part 52 is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart AA—Missouri 2. In § 52.1320 the table in paragraph
(c)is amended under Chapter 6 by revising the entries for 10-6.350 and 10-6.360 to read as follows: § 52.1320 Identification of plan.
(c)* * * **EPA-Approved Missouri Regulations** Missouri citation Title State effective date EPA approval date Explanation Missouri Department of Natural Resources * * * * * * * Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of Missouri * * * * * * * 10-6.350 Emissions Limitations and Emissions Trading of Oxides of Nitrogen 5/30/07 4/2/08 *[insert FR page number where the document begins]* 10-6.360 Control of NO X Emissions From Electric Generating Units and Non-Electric Generating Boilers 5/30/07 4/2/08 *[insert FR page number where the document begins]* * * * * * * * [FR Doc. E8-6651 Filed 4-1-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2008-0103; FRL-8549-8] Approval and Promulgation of Implementation Plans; State of Missouri AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. SUMMARY: EPA is approving a State Implementation Plan
(SIP)revision to exempt initial fueling of motor vehicles at automobile assembly plants in the St. Louis metropolitan area from the Missouri Performance Evaluation Test Procedures (MO/PETP) approval test requirements. MO/PETP requirements were initially implemented to maintain the integrity of local air quality by regulating gasoline fueling emissions. The Missouri Department of Natural Resources
(MDNR)provided an air quality analysis and it was determined that removal of these test requirements for initial fueling at automobile assembly plants will not adversely affect air quality in the St. Louis area. In addition, certain portions of the rule were renumbered and reformatted. This revision will ensure consistency between the state and the federally-approved rules. DATES: This direct final rule will be effective June 2, 2008, without further notice, unless EPA receives adverse comment by May 2, 2008. If adverse comment is received, EPA will publish a timely withdrawal of the direct final rule in the **Federal Register** informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-OAR-2008-0103, by one of the following methods: 1. *www.regulations.gov* . Follow the on-line instructions for submitting comments. 2. *E-mail: algoe-eakin.amy@epa.gov* . 3. *Mail:* Amy Algoe-Eakin, Environmental Protection Agency, Air Planning and Development Branch, 901 North 5th Street, Kansas City, Kansas 66101. 4. *Hand Delivery or Courier.* Deliver your comments to Amy Algoe-Eakin, Environmental Protection Agency, Air Planning and Development Branch, 901 North 5th Street, Kansas City, Kansas 66101. *Instructions:* Direct your comments to Docket ID No. EPA-R07-OAR-2008-0103. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit through *www.regulations.gov* or e-mail information that you consider to be CBI or otherwise protected. The *www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *www.regulations.gov* , your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. *Docket:* All documents in the docket are listed in the *www.regulations.gov* index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in *www.regulations.gov* or in hard copy at the Environmental Protection Agency, Air Planning and Development Branch, 901 North 5th Street, Kansas City, Kansas 66101. The Regional Office's official hours of business are Monday through Friday, 8 a.m. to 4:30 p.m. excluding Federal holidays. The interested persons wanting to examine these documents should make an appointment with the office at least 24 hours in advance. FOR FURTHER INFORMATION CONTACT: Amy Algoe-Eakin at
(913)551-7942, or by e-mail at *algoe-eakin.amy@epa.gov* . SUPPLEMENTARY INFORMATION: Throughout this document whenever “we,” “us,” or “our” is used, we mean EPA. This section provides additional information by addressing the following questions: What is a SIP? What is the Federal approval process for a SIP? What does Federal approval of a state regulation mean to me? What is being addressed in this document? Have the requirements for approval of a SIP revision been met? What action is EPA taking? What is a SIP? Section 110 of the Clean Air Act
(CAA)requires states to develop air pollution regulations and control strategies to ensure that state air quality meets the national ambient air quality standards established by EPA. These ambient standards are established under section 109 of the CAA, and they currently address six criteria pollutants. These pollutants are: carbon monoxide, nitrogen dioxide, ozone, lead, particulate matter, and sulfur dioxide. Each state must submit these regulations and control strategies to us for approval and incorporation into the federally-enforceable SIP. Each federally-approved SIP protects air quality primarily by addressing air pollution at its point of origin. These SIPs can be extensive, containing state regulations or other enforceable documents and supporting information such as emission inventories, monitoring networks, and modeling demonstrations. What is the Federal approval process for a SIP? In order for state regulations to be incorporated into the federally-enforceable SIP, states must formally adopt the regulations and control strategies consistent with state and Federal requirements. This process generally includes a public notice, public hearing, public comment period, and a formal adoption by a state-authorized rulemaking body. Once a state rule, regulation, or control strategy is adopted, the state submits it to us for inclusion into the SIP. We must provide public notice and seek additional public comment regarding the proposed Federal action on the state submission. If adverse comments are received, they must be addressed prior to any final Federal action by us. All state regulations and supporting information approved by EPA under section 110 of the CAA are incorporated into the federally-approved SIP. Records of such SIP actions are maintained in the Code of Federal Regulations
(CFR)at title 40, part 52, entitled “Approval and Promulgation of Implementation Plans.” The actual state regulations which are approved are not reproduced in their entirety in the CFR outright but are “incorporated by reference,” which means that we have approved a given state regulation with a specific effective date. What does Federal approval of a state regulation mean to me? Enforcement of the state regulation before and after it is incorporated into the federally-approved SIP is primarily a state responsibility. However, after the regulation is Federally approved, we are authorized to take enforcement action against violators. Citizens are also offered legal recourse to address violations as described in section 304 of the CAA. What is being addressed in this document? On October 1, 2007, EPA received a request from the MDNR to approve a revision to the SIP to exempt initial fueling of motor vehicles at automobile assembly plants in the St. Louis metropolitan area from the Missouri Performance Evaluation Test Procedures (MO/PETP) approval test requirements. The MO/PETP requirements were initially implemented to maintain the integrity of local air quality by regulating gasoline fueling emissions (volatile organic compounds—VOCs) in St. Louis. The MO/PETP is a bank of individual test procedures that apply to manufacturers of vapor recovery components. The MDNR uses these test procedures to evaluate the overall efficiency of various types of gasoline vapor recovery systems (including Stage I and Stage II systems). Stage I vapor recovery is the capture and control of gasoline vapors that would normally be released into the atmosphere during the storage of gasoline at a terminal or bulk plant, or during the loading of a gasoline delivery vessel and the subsequent delivery and unloading of a gasoline delivery into another storage tank, usually at a gasoline dispensing facility (GDF). Stage II is the capture and control of gasoline vapors that would normally be released in the atmosphere during the refueling of motor vehicles at the GDF. Stage II involves the installation of a black boot on the gasoline nozzle at gas stations in the St. Louis area which captures the vapors from the automobile tank and returns these vapors to the underground storage tank at the GDF. In implementing the tests, the automobile industry determined that the testing requirements were costly and burdensome with little or no emissions benefits. Representatives of the automobile manufacturing industry in the St. Louis area met with MDNR representatives with regard to the MO/PETP test requirements and provided MDNR with information that indicated that emissions were already controlled pursuant to the CAA and pertinent Missouri rules. In addition, the air quality benefit of MO/PETP testing for initial fueling at the automobile assembly plants was nominal. These issues, coupled with the extensive costs, initiated the change to 10 CSR 10-5.220. The St. Louis metropolitan area is currently designated nonattainment for the 8-hour ozone standard. The EPA Region 7 requested that MDNR demonstrate that revisions to this rule would not negatively impact air quality. The CAA Section 110(l), provides in part, that SIP revisions cannot interfere with attainment of a National Ambient Air Quality Standard or with reasonable further progress towards attainment. CAA Section 193 contains anti-backsliding provisions as well, but it does not apply here because the testing requirements at issue do not predate the 1990 amendments to the CAA. To address these concerns, MDNR submitted an air emission impact worksheet that concluded the emissions not captured at the automobile assembly plants' initial fueling operations were negligible compared to the total VOCs in the St. Louis nonattainment areas. Based on this analysis, EPA concluded that this change would not relax SIP requirements so as to adversely impact air emissions. It should be noted that the only portion of the MO/PETP rule affected by the revision is the portion that applies at automobile manufacturing plants. The remaining requirements for Stage I and Stage II vapor recovery remain in place. MDNR rules include the requirement to obtain construction permits before replacement or addition of equipment that may affect vapor tightness of the vapor recovery system. Operating permits for these facilities are required in accordance with 10 CSR 10-6.065 and Title V of the CAA. In addition, certain portions of the rule were renumbered and reformatted. The renumbering and reformatting of the rule makes this rule consistent with the general format of Missouri air rules and does not change any requirements. Have the requirements for approval of a SIP revision been met? The submittal satisfied the completeness criteria of 40 CFR part 51, appendix V. In addition, the state submittal has met the public notice requirements for SIP submission in accordance with 40 CFR 51.102 and met the substantive SIP requirements of the CAA including section 110. What action is EPA taking? We are approving the request to amend the Missouri SIP (10 CSR 10-5.220) to exempt the MO/PETP approval test requirements for initial fueling of motor vehicles at automobile assembly plants in St. Louis. This rule was also renumbered and reformatted. The appropriate air quality analysis was included with the SIP submittal and it has been determined that these changes will not relax the SIP or adversely impact air emissions. We are processing this action as a direct final action because the revisions make routine changes to the existing rules which are noncontroversial and make regulatory revisions, required by state statute. Therefore, we do not anticipate any adverse comments. Please note that if EPA receives adverse comment on a part of this rule and if that part can be severed from the remainder of the rule, EPA may adopt as final those parts of the rule that are not the subject of an adverse comment. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a “significant regulatory action” and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ). Because this rule approves pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely approves a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the CAA. This rule also is not subject to Executive Order 13045, “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997) because it approves a state rule implementing a Federal standard. In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a state submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA when it reviews a state submission, to use VCS in place of a state submission that otherwise satisfies the provisions of the CAA. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). The Congressional Review Act, 5 U.S.C. 801 *et seq.* , as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the **Federal Register** . A major rule cannot take effect until 60 days after it is published in the **Federal Register** . This action is not a “major rule” as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by *June 2, 2008.* Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: March 20, 2008. William Rice, Acting Regional Administrator, Region 7. Chapter I, Title 40 of the Code of Federal Regulations is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 *et seq.* Subpart AA—Missouri 2. In § 52.1320(c) the table is amended under Chapter 5 by revising the entry for “10-5.220” to read as follows: § 52.1320 Identification of plan.
(c)* * * EPA-Approved Missouri Regulations Missouri citation Title State effective date EPA approval date Explanation Missouri Department of Natural Resources * * * * * * * Chapter 5—Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area * * * * * * * 10-5.220 Control of Petroleum Liquid Storage, Loading and Transfer 9/30/07 4/02/08 [insert FR page number where the document begins] * * * * * * * [FR Doc. E8-6666 Filed 4-1-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2007-0970; FRL-8547-6] Revision to the California State Implementation Plan, Bay Area Air Quality Management District AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: EPA is finalizing approval of revisions to the Bay Area Air Quality Management District (BAAQMD) portion of the California State Implementation Plan (SIP). These revisions were proposed in the **Federal Register** on December 20, 2007, and concern nitrogen oxides (NO <sup>X</sup> ) and carbon monoxide
(CO)emissions from boilers, steam generators and process heaters at petroleum refineries. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act). DATES: *Effective Date:* This rule is effective on May 2, 2008. ADDRESSES: EPA has established docket number EPA-R09-OAR-2007-0970 for this action. The index to the docket is available electronically at *www.regulations.gov* and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available in either location (e.g., CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Andrew Steckel, EPA Region IX,
(415)947-4115, *steckel.andrew@epa.gov.* SUPPLEMENTARY INFORMATION: Throughout this document, “we,” “us” and “our” refer to EPA. Table of Contents I. Proposed Action II. Background III. Public Comments and EPA Responses IV. EPA Action V. Statutory and Executive Order Reviews I. Proposed Action On December 20, 2007 (72 FR 72322), EPA proposed to approve BAAQMD Rule 9-10, Nitrogen Oxides and Carbon Monoxide from Boilers, Steam Generators, and Process Heaters in Petroleum Refineries, into the California SIP. This rule was adopted by the BAAQMD on July 17, 2002, and submitted by the California Air Resources Board on August 12, 2002. We proposed to approve this rule because we determined that it complies with the relevant CAA requirements. Our proposed action contains more information on the rule and our evaluation. II. Background On March 29, 2001 (66 FR 17078), EPA published a limited approval and limited disapproval of a previous version of BAAQMD Rule 9-10, because the rule improved the SIP overall, but some rule provisions failed to satisfy the requirements of section 110 of the CAA. On August 12, 2002, BAAQMD submitted a revised version of Rule 9-10 for approval into the SIP, to address the deficiencies identified by EPA in 2001. On October 7, 2002 (67 FR 62389), EPA published a direct final rule to approve this revised version of BAAQMD Rule 9-10 into the California SIP. In association with the direct final rule, EPA published a proposed rule to allow an opportunity for the public to comment on the approval of Rule 9-10 into the California SIP (67 FR 62427). Based on the proposed approval of Rule 9-10, EPA made an interim final determination to stay the imposition of sanctions that resulted from the March 29, 2001, limited disapproval action. The interim final rule to stay the imposition of sanctions was published concurrently on October 7, 2002 (67 FR 62388). Adverse comments were received in response to the October 7, 2002, proposed rule. As a result, EPA published a withdrawal of the direct final rule on November 25, 2002 (67 FR 70555). The proposed approval remained in effect, and therefore the interim final determination regarding sanctions was not affected by the withdrawal because the determination was based on the proposed approval of Rule 9-10. The comments received were addressed in a second proposed approval, published on December 20, 2007 (72 FR 72322), which is being finalized by this action. For more information on BAAQMD Rule 9-10 and our evaluation, please see the proposed action. III. Public Comments and EPA Responses EPA's proposed action provided a 30-day public comment period. During this period, we did not receive any comments. IV. EPA Action No comments were submitted that change our assessment that the submitted rule complies with the relevant CAA requirements. Therefore, as authorized in section 110(k)(3) of the Act, EPA is fully approving this rule into the California SIP. All sanctions and sanction clocks, which were triggered as a result of the disapproval action on March 29, 2001 (66 FR 17078), continue to be stayed as a result of the interim final determination published on October 7, 2002 (67 FR 62388). The sanctions and sanction clocks will be permanently terminated on the effective date of this final rule approval. V. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a “significant regulatory action” and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule approves pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely approves a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This rule also is not subject to Executive Order 13045 “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997), because it approves a state rule implementing a Federal standard. In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The Congressional Review Act, 5 U.S.C. section 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the **Federal Register** . A major rule cannot take effect until 60 days after it is published in the **Federal Register** . This action is not a “major rule” as defined by 5 U.S.C. section 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by *June 2, 2008* . Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements (see section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements. Dated: February 15, 2008. Laura Yoshii, Acting Regional Administrator, Region IX. Part 52, Chapter I, Title 40 of the Code of Federal Regulations is amended as follows: PART 52—[AMENDED] 1. The authority citation for Part 52 continues to read as follows: Authority: 42 U.S.C. 7401 *et seq.* Subpart F—California 2. Section 52.220 is amended by adding paragraph (c)(353) to read as follows: § 52.220 Identification of plan.
(c)* * *
(353)New and amended regulations were submitted on August 12, 2002, by the Governor's designee.
(i)Incorporation by reference.
(A)Bay Area Air Quality Management District. ( *1* ) Rule 9-10, Inorganic Gaseous Pollutants: Nitrogen Oxides and Carbon Monoxide from Boilers, Steam Generators, and Process Heaters in Petroleum Refineries, adopted on July 17, 2002. [FR Doc. E8-6643 Filed 4-1-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 81 [EPA-HQ-OAR-2008-0006; FRL-8550-1] RIN 2060-AO83 Final 8-Hour Ozone National Ambient Air Quality Standards Designations for the Early Action Compact Areas AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: The EPA is designating 13 Early Action Compact
(EAC)Areas as attainment for the 8-hour ozone National Ambient Air Quality Standard (NAAQS). The EAC areas agreed to reduce ground-level ozone pollution earlier than the Clean Air Act
(CAA)required and to demonstrate attainment with the 8-hour ozone NAAQS by December 31, 2007. The States in which these 13 areas are located have submitted quality-assured data indicating that the areas are in attainment for the 8-hour ozone NAAQS based on ambient air monitoring data from 2005, 2006 and 2007. In addition, consistent with EPA's implementing regulations, the 1-hour ozone NAAQS will no longer apply in each of these areas one year after the effective date of the designation. We are modifying the 8-hour ozone NAAQS tables in the regulations to reflect the attainment designation for the 13 EAC areas and the 1-hour ozone NAAQS tables in the regulations to reflect that the 1-hour standard will no longer apply in these areas as of April 15, 2009. Additionally, we are modifying the 8-hour and 1-hour ozone NAAQS tables in the regulations to reflect the nonattainment designation for the Denver EAC area, which became effective November 20, 2007 and to reflect that the 1-hour standard will no longer apply in that area as of November 20, 2008. DATES: This rule is effective April 15, 2008. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-HQ-OAR-2008-0006. All documents in the docket are listed on the *www.regulations.gov* Web site. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through *www.regulations.gov* or in hard copy at the Docket, EPA/DC, EPA West Building, EPA Headquarters Library, Room 3334, located at 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room Hours of operation will be 8:30 a.m. to 4:30 p.m. Eastern Standard Time (EST), Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is
(202)566-1744, and the telephone number for the Office of Air and Radiation Docket is
(202)566-1742. The Air and Radiation Docket Information Center's e-mail address is *a-and-r-Docket@epa.gov* , and Web address is: *http://www.epa.gov/oar/docket.html* . In addition, we have placed a copy of the rule and a variety of materials relevant to EAC areas on EPA's Web site at *http://www.epa.gov/ttn/naaqs/ozone/eac/* . FOR FURTHER INFORMATION CONTACT: Ms. Barbara Driscoll, Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Mail Code C539-04, Research Triangle Park, NC 27711, phone number
(919)541-1051 or by e-mail at: *driscoll.barbara@epa.gov* or Mr. David Cole, Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Mail Code C304-05, Research Triangle Park, NC 27711, phone number
(919)541-5565 or by e-mail at: *cole.david@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does This Action Apply to Me? This final action applies to the 13 EAC areas identified in section V, Table 1, below that have deferred designations for the 8-hour ozone NAAQS until April 15, 2008. Additionally, EPA is taking the ministerial action of revising the CFR to reflect the effective date of the nonattainment designation for the Denver EAC area, which was designated nonattainment on November 20, 2007, and to reflect that the 1-hour ozone standard will no longer apply in the Denver area as of November 20, 2008. B. How Is This Document Organized? The information presented in this preamble is organized as follows: Outline I. General Information A. Does This Action Apply to Me? B. How Is This Document Organized? II. What is the Purpose of This Document? III. What Action Has EPA Taken to Date for Early Action Compact Areas? IV. What Comments Did EPA Receive on the February 6, 2008 Proposal To Designate These 13 Early Action Compact Areas in Attainment With the 8-Hour Ozone NAAQS? V. What Is the Final Action for the 13 Early Action Compact Areas? VI. Why Is EPA Revoking the 1-Hour Ozone Standard? VII. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review B. Paperwork Reduction Act C. Regulatory Flexibility Act D. Unfunded Mandates Reform Act E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer Advancement Act J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations K. Congressional Review Act L. Petitions for Judicial Review II. What Is the Purpose of This Document? The purpose of this document is to designate 13 EAC areas as attainment for the 8-hour ozone NAAQS, as they have met all the milestones of the EAC program and demonstrated that they were in attainment with the 8-hour ozone NAAQS by December 31, 2007. This final action also takes the ministerial action of revising Section 81.306 to reflect the 8-hour ozone nonattainment designation for the Denver EAC area, which became effective November 20, 2007. Additionally, it revises the 1-hour ozone NAAQS tables for the 13 EAC areas and the Denver area to reflect that the 1-hour ozone standard no longer applies one year after the effective date of designation for each area. The 1-hour standard was revoked, effective June 15, 2005 for all other areas of the country except the 14 EAC areas that were designated nonattainment with a deferred effective date. III. What Action has EPA Taken to Date for Early Action Compact Areas? There are 13 EAC areas that had the effective date of their 8-hour ozone designations deferred until April 15, 2008 (71 FR 69022). 1 Fifteen other areas that are participating in the program were designated attainment in April 2004, with an effective date of June 15, 2004. These areas have remained in the program in order to continue improving their local air quality. For one EAC area, the Denver EAC area, the nonattainment designation for the 8-hour ozone NAAQS became effective November 20, 2007, consistent with the terms of a settlement agreement reached in litigation challenging our actions with respect to the Denver EAC area. *Rocky Mountain Clean Air Action* v. *EPA* (D.C. Cir. No. 07-1012). For discussions on EPA's actions to date with respect to deferring the effective date of nonattainment designations for certain areas of the country that are participating in the EAC program and Denver specifically please refer to the **Federal Register** dated June 28, 2007 (72 FR 35356) and September 21, 2007 (72 FR 53952). In addition, EPA's April 30, 2004, air quality designation rule (69 FR 23858) provides a description of the compact area approach, the requirements for areas participating in the compact and the impacts of the compact on those areas. 1 As noted previously, we also initially deferred the nonattainment designation for the Denver EAC area, but the nonattainment designation for the Denver EAC area became effective November 20, 2007. You may find copies of all State reports at *http://www.epa.gov/ttn/naaqs/ozone/eac/* . IV. What Comments did EPA receive on the February 6, 2008 proposal to designate these 13 Early Action Compact Areas in attainment with the 8-hour Ozone NAAQS? We received three comments on the proposed rule to designate these 13 EAC areas in attainment with the 8-hour ozone standard effective April 15, 2008. We have responded to the comments in this section. *Comments:* Two commenters expressed support for the compact process, the goal of clean air sooner, the incentives and flexibility the program provides for encouraging early reductions of ozone-forming pollution, and the deferred effective date of nonattainment designation. However, one commenter opposed the EAC program indicating the program conflicts with existing obligations under the Clean Air Act and may create the potential for downwind areas to be adversely affected by the emissions growth in EAC areas in the future. This commenter expressed concern about various legal aspects of the program, primarily the deferral of the effective date of the nonattainment designation for these areas. The commenter indicated that EPA lacks authority under the CAA to defer the effective date of a nonattainment designation. In addition, the commenter stated that EPA lacks authority to enter into EACs with areas and lacks authority to allow areas to be relieved of obligations under title I, part D of the CAA while these areas are violating the 8-hour ozone standard or are designated nonattainment for that standard. *Response:* The compact program, as designed, gives local areas the flexibility to develop their own approach to meeting the 8-hour ozone standard. The participating communities are serious in their commitment and have demonstrated attainment with the 8-hour ozone standard sooner than was required under the CAA by implementing State and local measures for controlling emissions from local sources earlier than the CAA would otherwise require. By involving diverse stakeholders, including representatives from industry, local and State governments, and local environmental and citizens groups, a number of these communities have, for the first time, cooperated on a regional basis to solve environmental problems that affect the health and welfare of their citizens. People living in these areas realized reductions in pollution levels sooner and are enjoying the health benefits of cleaner air sooner than might otherwise occur. We incorporate our responses to similar comments from our final rules dated April 30, 2004 (69 FR 23858) and August 29, 2005 (70 FR 50988) respectively. V. What is the Final Action for the 13 Early Action Compact Areas? The 13 EAC areas with deferred nonattainment designations for the 8-hour NAAQS, had to meet one final milestone which was to demonstrate attainment with the 8-hour ozone NAAQS by December 31, 2007. Each of these EAC areas met all of the earlier milestones of the EAC program and the States in which the areas are located have now submitted quality-assured data demonstrating that the areas attained the 8-hour ozone NAAQS based on air quality data from 2005, 2006 and 2007. Therefore, EPA is designating these 13 areas as attainment for the 8-hour ozone standard effective April 15, 2008. Because this action will relieve a restriction by finalizing the designations for these areas, the requirement of section 553(d) of the Administrative Procedure Act that a rule not take effect earlier than 30 days following publication does not apply. Table 1 provides the 8-hour ozone design values for each of the 13 EAC areas based on the 2005-2007 air quality data. Table 1.—8-Hour Ozone Design Values for Compact Areas To Be Designated Attainment for 8-hour Ozone NAAQS Effective April 15, 2008 (NOTE: Name of designated 8-hour ozone area is in parentheses) State Compact area (designated area), Counties designated attainment effective April 15, 2008 8-Hour ozone design value (parts per million) EPA Region 3 VA Northern Shenandoah Valley Region (Frederick County, VA), adjacent to Washington, DC-MD-VA Winchester City Frederick County 0.073 VA Roanoke Area (Roanoke, VA) Roanoke County Botetourt County Roanoke City Salem City 0.076 MD Washington County (Washington County (Hagerstown, MD), adjacent to Washington, DC-MD-VA Washington County 0.079 WV The Eastern Pan Handle Region (Berkeley & Jefferson Counties, WV), Martinsburg area Berkeley County Jefferson County 0.075 EPA Region 4 NC Unifour (Hickory-Morganton-Lenoir, NC) Catawba County Alexander County Burke County
(part)Caldwell County
(part)0.078 NC Triad (Greensboro-Winston-Salem-High Point, NC) Randolph County Forsyth County Davie County Alamance County Caswell County Davidson County Guilford County Rockingham County 0.083 NC Cumberland County (Fayetteville, NC) Cumberland County 0.082 SC Appalachian (Greenville-Spartanburg-Anderson, SC) Spartanburg County Greenville County Anderson County 0.083 SC Central Midlands Columbia area Richland County
(part)Lexington County
(part)0.082 TN/GA Chattanooga (Chattanooga, TN-GA) Hamilton County, TN Meigs County, TN Catoosa County, GA 0.084 TN Nashville (Nashville, TN) Davidson County Rutherford County Williamson County Wilson County Sumner County 0.084 TN Johnson City-Kingsport-Bristol Area (TN portion only) Sullivan County, TN Hawkins County, TN 0.083 EPA Region 6 TX San Antonio Bexar County Comal County Guadalupe County 0.082 VI. Why Is EPA Revoking the 1-hour Ozone Standard? The regulatory text for the 1-hour ozone standard provides that the 1-hour ozone standard “will no longer apply to an area one year after the effective date of the designation of that area for the 8-hour ozone NAAQS pursuant to section 107 of the Clean Air Act.” 40 CFR 50.9(b). In accordance with this regulation, the 1-hour ozone NAAQS will no longer apply in the 13 EAC areas effective April 15, 2009. Because the 8-hour ozone nonattainment designation for the Denver EAC became effective November 20, 2007, the 1-hour ozone NAAQS will no longer apply in the Denver EAC area effective November 20, 2008. We are revising the 1-hour ozone NAAQS tables in Part 81 to reflect the date on which the 1-hour ozone standard will no longer apply for these areas. VII. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review This action is not a “significant regulatory action” under the terms of Executive Order 12866 (58 FR 51735; October 4, 1993) and is therefore not subject to review under the Executive Order. B. Paperwork Reduction Act This action does not impose an information collection burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 *et seq.* Burden is defined at 5 CFR 1320.39b). This final rule does not require the collection of any information. C. Regulatory Flexibility Act The Regulatory Flexibility Act
(RFA)generally requires an Agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedures Act or any other statute unless the Agency certifies the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. For purposes of assessing the impacts of this final rule on small entities, small entity is defined as:
(1)A small business that is a small industrial entity as defined in the Small Business Administration's
(SBA)regulations at 13 CFR 121.201;
(2)a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and
(3)a small organization that is any not-for-profit enterprise which is independently owned and operated and is not dominant in its field. After considering the economic impacts of this final rule on small entities, I certify that this rule will not have a significant economic impact on a substantial number of small entities. This final rule will not impose any requirements on small entities. D. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and Tribal governments and the private sector. Under section 202 of the UMRA, EPA generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with “Federal mandates” that may result in expenditures to State, local, and Tribal governments, in the aggregate, or to the private sector, of $100 million or more in any 1 year. Before promulgating an EPA rule for which a written statement is needed, section 205 of the UMRA generally requires EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cost-effective or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows EPA to adopt an alternative other than the least costly, most cost-effective or least burdensome alternative if the Administrator publishes with the final rule an explanation why that alternative was not adopted. Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including Tribal governments, it must have developed under section 203 of the UMRA a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of EPA regulatory proposals with significant Federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements. This final rule does not contain a Federal mandate that may result in expenditures of $100 million or more for State, local, and Tribal governments, in the aggregate, or the private sector in any one year. Thus, this final rulemaking is not subject to the requirements of sections 202 and 205 of the UMRA. EPA has determined that this rule contains no regulatory requirements that might significantly or uniquely affect small governments because this rule does not contain Federal mandates. E. Executive Order 13132: Federalism Executive Order 13132, entitled “Federalism” (64 FR 43255, August 10, 1999), requires EPA to develop an accountable process to ensure “meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.” “Policies that have federalism implications” is defined in the E.O. to include regulations that have “substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.” This final rule does not have federalism implications. It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132. The CAA establishes the scheme whereby States take the lead in developing plans to meet the NAAQS. This final rule would not modify the relationship of the States and EPA for purposes of developing programs to implement the NAAQS. Thus, Executive Order 13132 does not apply to this final rule. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments Executive Order 13175, entitled “Consultation and Coordination with Indian Tribal Governments” (65 FR 67249, November 9, 2000), requires EPA to develop an accountable process to ensure “meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.” This final rule does not have “Tribal implications” as specified in Executive Order 13175. It does not have a substantial direct effect on one or more Indian Tribes, since no Tribe has implemented a CAA program to attain the 8-hour ozone NAAQS at this time or has participated in a compact. Thus Executive Order 13175 does not apply to this rule. G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) as applying only to those regulatory actions that concern health or safety risks, such that the analysis required under section 5-501 of the Executive Order has the potential to influence the regulation. This action is not subject to Executive Order 13045 because it does not establish an environmental standard intended to mitigate health or safety risks. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This final rule is not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355; May 22, 2001 because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer Advancement Act Section 12(d) of the National Technology Transfer Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies. The NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable VCS. This final rule does not involve technical standards. Therefore, EPA is not considering the use of any voluntary consensus standards. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations Executive Order 12898 (59 FR 7629; Feb. 16, 1994 establishes Federal executive policy on environmental justice. Its main provision directs Federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. The EPA has determined that this final rule will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it does not affect the level of protection provided to human health or the environment. The health and environmental risks associated with ozone were considered in the establishment of the 8-hour, 0.08 ppm ozone NAAQS. The level is designed to be protective with an adequate margin of safety. K. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the **Federal Register** . A major rule cannot take effect until 60 days after it is published in the **Federal Register** . This action is not a “major rule” as defined by 5 U.S.C. 804(2). This rule will be effective April 15, 2008. L. Petitions for Judicial Review Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the District of Columbia Circuit by June 2, 2008. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review must be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. *See* CAA Section 307(b)(2). List of Subjects in 40 CFR Part 81 Environmental protection, Air pollution control. Authority: 42 U.S.C. 7408; 42 U.S.C. 7410; 42 U.S.C. 7501-7511f; 42 U.S.C. 7601(a)(1). Dated: March 27, 2008. Stephen L. Johnson, Administrator. For the reason set out in the preamble, title 40, chapter I of the Code of Federal Regulations is amended as follows: PART 81—[AMENDED] 1. The authority citation for part 81 continues to read as follows: Authority: 42 U.S.C. 7401, *et seq.* Subpart C—[Amended] 2. Section 81.306 is amended as follows: a. In the table entitled “Colorado-Ozone (1-Hour Standard) 4 ” by revising footnote 4. b. In the table entitled “Colorado-Ozone (8-Hour Standard)” by revising footnote 2. § 81.306 Colorado. Colorado-Ozone (1-Hour Standard) 4 4 The 1-hour ozone standard is revoked effective June 15, 2005 for all areas in Colorado except the Denver (Denver-Boulder-Greeley-Ft. Collins-Love) area where it is revoked effective November 20, 2008. Colorado-Ozone (8-Hour Standard) 2 Effective November 20, 2007. 3. Section 81.311 is amended as follows: a. In the table entitled “Georgia-Ozone (1-Hour Standard) 2 ” by revising footnote 2. b. In the table entitled “Georgia-Ozone (8-Hour Standard)” by: i. Revising footnote 2. ii. Under “Chattanooga, TN-GA” by revising the entry for “Catoosa County”. § 81.311 Georgia. Georgia-Ozone (1-Hour Standard) 2 2 The 1-hour ozone standard is revoked effective June 15, 2005 for all areas in Georgia, except the Chattanooga (Catoosa County) area where it is revoked effective April 15, 2009. Georgia-Ozone [8-Hour Standard] Designated area Designation a Date 1 Type Category/classification Date 1 Type * * * * * * * Chattanooga, TN-GA: Catoosa County
(2)Attainment. * * * * * * * 2 Effective April 15, 2008. 4. Section 81.321 is amended as follows: a. In the table entitled “Maryland-Ozone (1-Hour Standard) 2 ” by revising footnote 2. b. In the table entitled “Maryland-Ozone (8-Hour Standard)” by: i. Revising footnote 2. ii. Under “Washington County (Hagerstown), MD” by revising the entry for “Washington County”. § 81.321 Maryland. Maryland-Ozone (1-Hour Standard) 2 2 The 1-hour ozone standard is revoked effective June 15, 2005 for all areas in Maryland except the Washington Co. area where it is revoked effective April 15, 2009. Maryland-Ozone [8-Hour Standard] Designated area Designation a Date 1 Type Category/classification Date 1 Type * * * * * * * Washington County (Hagerstown), MD: Washington County
(2)Attainment. * * * * * * * 2 Effective April 15, 2008. 5. Section 81.334 is amended as follows: a. In the table entitled “North Carolina-Ozone (1-Hour Standard) 2 ” by revising footnote 2. b. In the table entitled “North Carolina-Ozone (8-Hour Standard)” by: i. Revising footnote 2. ii. Under “Fayetteville, NC” by revising the entry for “Cumberland County”; under “Greensboro-Winston-Salem-High Point, NC” by revising the entries for “Alamance County”, “Caswell County”, “Davidson County”, “Davie County”, “Forsyth County”, “Guilford County”, “Randolph County”, and “Rockingham County”; under “Hickory-Morganton-Lenoir, NC” by revising the entries for “Alexander County”, “Burke County (part)”, and “Caldwell County (part)”, and “Catawba County”. § 81.334 North Carolina. North Carolina-Ozone (1-Hour Standard) 2 2 The 1-hour ozone standard is revoked effective June 15, 2005 for all areas in North Carolina except the Cumberland Co. (Fayetteville), Triad (Greensboro-Winston-Salem-High Point), and Unifour (Hickory-Morgantown-Lenoir areas where it is revoked effective April 15, 2009. North Carolina-Ozone [8-Hour Standard] Designated area Designation a Date 1 Type Category/classification Date 1 Type * * * * * * * Fayetteville, NC: Cumberland County
(2)Attainment. Greensboro-Winston-Salem-High Point, NC: Alamance County
(2)Attainment. Caswell County
(2)Attainment. Davidson County
(2)Attainment. Davie County
(2)Attainment. Forsyth County
(2)Attainment. Guilford County
(2)Attainment. Randolph County
(2)Attainment. Rockingham County
(2)Attainment. * * * * * * * Hickory-Morganton-Lenoir, NC: Alexander County
(2)Attainment. Burke County
(part)Unifour Metropolitan Planning Organization Boundary
(2)Attainment. Caldwell County
(part)Unifour Metropolitan Planning Organization Boundary
(2)Attainment. Catawba County
(2)Attainment. * * * * * * * 2 Effective April 15, 2008. 6. Section 81.341 is amended as follows: a. In the table entitled “South Carolina-Ozone (1-Hour Standard) 2 ” by revising footnote 2. b. In the table entitled “South Carolina-Ozone (8-Hour Standard)” by: i. Revising footnote 2. ii. Under “Columbia, SC” by revising the entries for “Lexington County
(part)Portion along MPO lines”, “Richland County
(part)Portion along MPO lines”; under “Greenville-Spartanburg-Anderson, SC” by revising the entries for “Anderson County”, “Greenville County”, and “Spartanburg County”. § 81.341 South Carolina. South Carolina-Ozone (1-Hour Standard) 2 2 The 1-hour ozone standard is revoked effective June 15, 2005 for all areas in South Carolina except the Central Midlands-I (Columbia) and Appalachian-A (Greenville-Spartanburg-Anderson) areas where it is revoked effective April 15, 2009. South Carolina-Ozone [8-Hour Standard] Designated area Designation a Date 1 Type Category/classification Date 1 Type Columbia, SC: Lexington County
(part)Portion along MPO lines
(2)Attainment. Richland County
(part)Portion along MPO lines
(2)Greenville-Spartanburg-Anderson, SC: Anderson County
(2)Attainment. Greenville County
(2)Attainment. Spartanburg County
(2)Attainment. * * * * * * * 2 Effective April 15, 2008. 7. Section 81.343 is amended as follows: a. In the table entitled “Tennessee-Ozone (1-Hour Standard) 2 ” by revising footnote 2. b. In the table entitled “Tennessee-Ozone (8-Hour Standard)” by: i. Revising footnote 2. ii. Under “Chattanooga, TN-GA” by revising the entries under “Hamilton County” and “Meigs County”; under “Johnson City-Kingsport-Bristol, TN” by revising entries for “Hawkins County” and “Sullivan County”; and under “Nashville, TN” by revising the entries for “Davidson County”, “Rutherford County”, “Sumner County”, “Williamson County”, and “Wilson County”. § 81.343 Tennessee. Tennessee-Ozone (1-Hour Standard) 2 2 The 1-hour ozone standard is revoked effective June 15, 2005 for all areas in Tennessee except the Chattanooga, Johnson City-Kingsport-Bristol, and Nashville areas where it is revoked effective April 15, 2009. Tennessee-Ozone [8-Hour Standard] Designated area Designation a Date 1 Type Category/classification Date 1 Type Chattanooga, TN-GA: Hamilton County ( 2 ) Attainment. Meigs County ( 2 ) Attainment. * * * * * * * Johnson City-Kingsport-Bristol, TN: Hawkins County ( 2 ) Attainment. Sullivan County ( 2 ) Attainment. * * * * * * * Nashville, TN: Davidson County ( 2 ) Attainment. Rutherford County ( 2 ) Attainment. Sumner County ( 2 ) Attainment. Williamson County ( 2 ) Attainment. Wilson County ( 2 ) Attainment. * * * * * * * 2 Effective April 15, 2008. 8. Section 81.344 is amended as follows: a. In the table entitled “Texas-Ozone (1-Hour Standard) 2 ” by revising footnote 2. b. In the table entitled “Texas-Ozone (8-Hour Standard)” by: i. Revising footnote 2. ii. Under “San Antonio, TX” by revising the entries “Bexar County”, “Comal County”, and “Guadalupe County”. § 81.344 Texas. Texas-Ozone (1-Hour Standard) 2 2 The 1-hour ozone standard is revoked effective June 15, 2005 for all areas in Texas except the San Antonio area where it is revoked effective April 15, 2009. Texas-Ozone [8-Hour Standard] Designated area Designation a Date 1 Type Category/classification Date 1 Type * * * * * * * San Antonio, TX: ( 2 ) Bexar County ( 2 ) Attainment. Comal County ( 2 ) Attainment. Guadalupe County ( 2 ) Attainment. * * * * * * * 2 Effective April 15, 2008. 9. Section 81.347 is amended as follows: a. In the table entitled “Virginia-Ozone (1-Hour Standard) 3 ” by revising footnote 3. b. In the table entitled “Virginia-Ozone (8-Hour Standard)” by: i. Revising footnote 2. ii. Under “Frederick Col, VA” by revising the entries for “Frederick County” and “Winchester City”, and under “Roanoke, VA” by revising the entries for “Botetourt County”, “Roanoke City”, “Roanoke County” and “Salem City”. § 81.347 Virginia. Virginia-Ozone (1-Hour Standard) 3 3 The 1-hour ozone standard is revoked effective June 15, 2005 for all areas in Virginia except Northern Shenandoah Valley Region (Winchester City and Frederick County) and Roanoke area where it is revoked effective April 15, 2009. Virginia-Ozone [8-Hour Standard] Designated area Designation a Date 1 Type Category/classification Date 1 Type Frederick Co., VA: Frederick County ( 2 ) Attainment. Winchester City ( 2 ) Attainment. * * * * * * * Roanoke, VA: Botetourt County ( 2 ) Attainment. Roanoke City ( 2 ) Attainment. Roanoke County ( 2 ) Attainment Salem City ( 2 ) Attainment. * * * * * * * 2 Effective April 15, 2008. 10. Section 81.349 is amended as follows: a. In the table entitled “West Virginia—Ozone (1-Hour Standard) 2 ” by revising footnote 2. b. In the table entitled “West Virginia—Ozone (8-Hour Standard)” by: i. Revising footnote 2. ii. Under “Berkeley & Jefferson Cos, WV” by revising the entries for “Berkeley County” and “Jefferson County”. § 81.349 West Virginia. West Virginia-Ozone (1-Hour Standard) 2 2 The 1-hour ozone standard is revoked effective June 15, 2005 for all areas in West Virginia except the Eastern Pan Handle Region (Berkeley and Jefferson Counties) where it is revoked effective April 15, 2009. West Virginia-Ozone [8-Hour Standard] Designated area Designation a Date 1 Type Category/classification Date 1 Type Berkeley & Jefferson Cos. WV: Berkeley County ( 2 ) Attainment. Jefferson County ( 2 ) Attainment. * * * * * * * 2 Effective April 15, 2008. [FR Doc. E8-6825 Filed 4-1-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA-HQ-OPP-2006-0678; FRL-8356-6] Acequinocyl; Pesticide Tolerance AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: This regulation establishes tolerances for combined residues of acequinocyl and its metabolite, 2-dodecyl-3-hydroxy-1, 4-naphthoquinone (acequinocyl-OH) expressed as acequinocyl equivalents in or on nut, tree, group 14 and grape and removes the separate tolerances established for almond. Arysta LifeScience North America Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). DATES: This regulation is effective April 2, 2008. Objections and requests for hearings must be received on or before June 2, 2008, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION) . ADDRESSES: EPA has established a docket for this action under docket identification
(ID)number EPA-HQ-OPP-2006-0678. To access the electronic docket, go to *http://www.regulations.gov* , select “Advanced Search,” then “Docket Search.” Insert the docket ID number where indicated and select the “Submit” button. Follow the instructions on the regulations.gov website to view the docket index or access available documents. All documents in the docket are listed in the docket index available in regulations.gov. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available in the electronic docket at *http://www.regulations.gov* , or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is
(703)305-5805. FOR FURTHER INFORMATION CONTACT: Marilyn Mautz, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(703)305-6785; e-mail address: *mautz.marilyn@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to those engaged in the following activities: • Crop production (NAICS code 111), e.g., agricultural workers; greenhouse, nursery, and floriculture workers; farmers. • Animal production (NAICS code 112), e.g., cattle ranchers and farmers, dairy cattle farmers, livestock farmers. • Food manufacturing (NAICS code 311), e.g., agricultural workers; farmers; greenhouse, nursery, and floriculture workers; ranchers; pesticide applicators. • Pesticide manufacturing (NAICS code 32532), e.g., agricultural workers; commercial applicators; farmers; greenhouse, nursery, and floriculture workers; residential users. This listing is not intended to be exhaustive, but rather to provide a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT . B. How Can I Access Electronic Copies of this Document? In addition to accessing an electronic copy of this **Federal Register** document through the electronic docket at *http://www.regulations.gov* , you may access this **Federal Register** document electronically through the EPA Internet under the “ **Federal Register** ” listings at *http://www.epa.gov/fedrgstr* . You may also access a frequently updated electronic version of EPA's tolerance regulations at 40 CFR part 180 through the Government Printing Office's pilot e-CFR site at *http://www.gpoaccess.gov/ecfr* . C. Can I File an Objection or Hearing Request? Under section 408(g) of FFDCA, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number EPA-HQ-OPP-2006-0678 in the subject line on the first page of your submission. All requests must be in writing, and must be mailed or delivered to the Hearing Clerk as required by 40 CFR part 178 on or before June 2, 2008. In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing that does not contain any CBI for inclusion in the public docket that is described in ADDRESSES . Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit this copy, identified by docket ID number EPA-HQ-OPP-2006-0678, by one of the following methods: • *Federal eRulemaking Portal* : *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs
(OPP)Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. • *Delivery* : OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only accepted during the Docket's normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays). Special arrangements should be made for deliveries of boxed information. The Docket Facility telephone number is
(703)305-5805. II. Petition for Tolerance In the **Federal Register** of August 11, 2006 (71 FR 46223) (FRL-8085-8), EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21 U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP 6F7040) by Arysta LifeScience North America Corporation, 15401 Weston Pkwy., Suite 150, Cary, NC 27513. The petition requested that 40 CFR 180.599 be amended by establishing a tolerance for combined residues of the insecticide acequinocyl and its metabolite 2-dodecyl-3-hydroxy-1,4-naphthoquinone (acequinocyl-OH) expressed as acequinocyl equivalents in or on tree nuts (crop group 14) at 0.02 parts per million (ppm). That notice referenced a summary of the petition prepared by Arysta LifeScience North America Corporation, the registrant, which is available to the public in the docket, *http://www.regulations.gov* . A comment was received on the notice of filing. EPA's response to the comment is discussed in Unit IV.C. below. In the **Federal Register** of January 23, 2008 (73 FR 3964) (FRL-8345-7), EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21 U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP 7F7176) by Arysta LifeScience North America Corporation. The petition requested that 40 CFR 180.599 be amended by establishing a tolerance for acequinocyl and its metabolite acequinocyl-OH expressed as acequinocyl equivalents in or on grapes at 7.0 parts per million (ppm), grape juice at 0.05 ppm and raisins at 0.1 ppm. The proposed grape tolerance of 7.0 ppm was subsequently amended by the petitioner to 1.0 ppm. Based upon review of the data supporting the petition, EPA has revised the tolerances proposed for grape, grape juice and raisin; and changed the commodity definition for tree nuts (crop group 14). The appropriate tolerance for grape was calculated to be 1.6 ppm. The grape processing data provided for grape juice and raisins showed the combined residues of acequinocyl and acequinocyl-OH did not concentrate in either of these commodities and, thus separate tolerances are not required for grape juice or raisins. The recommended tolerance level for grape was determined considering Agency guidance (Guidance for Setting Pesticide Tolerances Based on Field Trial Data). The commodity definition for tree nuts (crop group 14) has been changed to nut, tree, group 14. III. Aggregate Risk Assessment and Determination of Safety Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a tolerance (the legal limit for a pesticide chemical residue in or on a food) only if EPA determines that the tolerance is “safe.” Section 408(b)(2)(A)(ii) of FFDCA defines “safe” to mean that “there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue, including all anticipated dietary exposures and all other exposures for which there is reliable information.” This includes exposure through drinking water and in residential settings, but does not include occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to give special consideration to exposure of infants and children to the pesticide chemical residue in establishing a tolerance and to “ensure that there is a reasonable certainty that no harm will result to infants and children from aggregate exposure to the pesticide chemical residue. . . .” These provisions were added to FFDCA by the Food Quality Protection Act
(FQPA)of 1996. Consistent with FFDCA section 408(b)(2)(D), and the factors specified in FFDCA section 408(b)(2)(D), EPA has reviewed the available scientific data and other relevant information in support of this action. EPA has sufficient data to assess the hazards of and to make a determination on aggregate exposure for the petitioned-for tolerance for combined residues of acequinocyl and its metabolite acequinocyl-OH expressed as aceqinocyl equivalents on nut, tree, group 14 and grape at 0.02 ppm and 1.6 ppm, respectively. EPA's assessment of exposures and risks associated with establishing the tolerance follows. A. Toxicological Profile EPA has evaluated the available toxicity data and considered its validity, completeness, and reliability as well as the relationship of the results of the studies to human risk. EPA has also considered available information concerning the variability of the sensitivities of major identifiable subgroups of consumers, including infants and children. Specific information on the studies received and the nature of the adverse effects caused by acequinocyl as well as the no-observed-adverse-effect-level (NOAEL) and the lowest-observed-adverse-effect-level (LOAEL) from the toxicity studies are discussed in the acequinocyl final rule published in the **Federal Register** of July 21, 2004 (69 FR 43525) (FRL-7364-1). B. Toxicological Endpoints For hazards that have a threshold below which there is no appreciable risk, the toxicological level of concern
(LOC)is derived from the highest dose at which the NOAEL are observed in the toxicology study identified as appropriate for use in risk assessment. However, if a NOAEL cannot be determined, the lowest dose at which the LOAEL of concern are identified is sometimes used for risk assessment. Uncertainty/safety factors
(UFs)are used in conjunction with the level of concern
(LOC)to take into account uncertainties inherent in the extrapolation from laboratory animal data to humans and in the variations in sensitivity among members of the human population as well as other unknowns. Safety is assessed for acute and chronic risks by comparing aggregate exposure to the pesticide to the acute population adjusted
(aPAD)dose and chronic population adjusted dose (cPAD). The aPAD and cPAD are calculated by dividing the LOC by all applicable UFs. Short-term, intermediate-term, and long-term risks are evaluated by comparing aggregate exposure to the LOC to ensure that the margin of exposure
(MOE)called for by the product of all applicable UFs is not exceeded. For non-threshold risks, the Agency assumes that any amount of exposure will lead to some degree of risk and estimates risk in terms of the probability of occurrence of additional adverse cases. Generally, cancer risks are considered non-threshold. For more information on the general principles EPA uses in risk characterization and a complete description of the risk assessment process, see *http://www.epa.gov/fedrgstr/EPA-PEST/1997/November/Day-26/p30948.htm* . A summary of the toxicological endpoints for acequinocyl used for human risk assessment can be found at *http://www.regulations.gov* in the document “Human Health Risk Assessment for Use of Acequinocyl on Grapes, the Tree Nut Crop Group, and Residential Sites (Ornamentals)” on pages 13 and 14 in docket ID number EPA-HQ-OPP-2006-0678-0006. C. Exposure Assessment 1. *Dietary exposure from food and feed uses* . In evaluating dietary exposure to acequinocyl, EPA considered exposure under the petitioned-for tolerances as well as all existing acequinocyl tolerances in 40 CFR 180.599. EPA assessed dietary exposures from acequinocyl in food as follows: i. *Acute exposure* . Quantitative acute dietary exposure and risk assessments are performed for a food-use pesticide, if a toxicological study has indicated the possibility of an effect of concern occurring as a result of a 1-day or single exposure. No such effects were identified in the toxicological studies for acequinocyl; therefore, a quantitative acute dietary exposure assessment is unnecessary. ii. *Chronic exposure* . In conducting the chronic dietary exposure assessment EPA used the food consumption data from the United States Department of Agriculture
(USDA)1994-1996 and 1998; CSFII. As to residue levels in food, EPA assumed all foods for which there are tolerances were treated and contain tolerance-level residues. Anticipated residues were not used. iii. *Cancer* . The Agency classified acequinocyl as a “not likely carcinogen”. Therefore, an exposure assessment for the purpose of estimating cancer risk is unnecessary. iv. *Anticipated residue and PCT information.* The Agency did not use anticipated residue estimates or PCT information in the acequinocyl dietary exposure assessment. 2. *Dietary exposure from drinking water* . The Agency lacks sufficient monitoring data to complete a comprehensive dietary exposure analysis and risk assessment for acequinocyl in drinking water. Because the Agency does not have comprehensive monitoring data, drinking water concentration estimates are made by reliance on simulation or modeling taking into account data on the environmental fate characteristics of acequinocyl. Further information regarding EPA drinking water models used in pesticide exposure assessment can be found at *http://www.epa.gov/oppefed1/models/water/index.htm* . Based on the Pesticide Root Zone Model/Exposure Analysis Modeling System (PRZM/EXAMS) with the index reservoir scenarios model, the estimated drinking water concentrations (EDWCs) of acequinocyl only and of the combined residues of acequinocyl and its metabolite (acequinocyl-OH) for chronic exposures are estimated to be 2.73 and 0.37 parts per billion (ppb), respectively for surface water. Based on the Screening Concentration in Ground Water (SCI-GROW) model, for chronic ground water exposure, the EDWC value for the combined residues of acequinocyl and its metabolite (acequinocyl-OH) is 0.0036 ppb. Modeled estimates of drinking water concentrations were directly entered into the dietary exposure model. Acute dietary risk assessments were not conducted because an end point of concern attributable to a single dose was not identified. For chronic dietary risk assessment, the water concentration value of 2.73 ppb was used to assess the contribution to drinking water. 3. *From non-dietary exposure* . The term “residential exposure” is used in this document to refer to non-occupational, non-dietary exposure (e.g., for lawn and garden pest control, indoor pest control, termiticides, and flea and tick control on pets). Acequinocyl is currently registered for the following residential non-dietary sites: Ornamental plants. EPA assessed residential exposure using the following assumptions: Exposure is considered to be short term only, due to the infrequent use patterns associated with homeowner products; and individuals are wearing shorts, short-sleeved shirts, socks, and shoes. The estimates of exposure to residential handlers are based on surrogate data available from the Outdoor Residential Exposure Task Force (ORETF) and the Pesticide Handlers Exposure Data
(PHED)(August, 1998). The residential exposure assessed was exposure to adults from residential application of acequinocyl. Short-term inhalation and dermal exposure estimates were generated for residential adult handlers during the mixing, loading and application of acequinocyl in residential settings. Based on the use pattern, no significant post application exposure in residential settings is anticipated. 4. *Cumulative effects from substances with a common mechanism of toxicity* . Section 408(b)(2)(D)(v) of FFDCA requires that, when considering whether to establish, modify, or revoke a tolerance, the Agency consider “available information” concerning the cumulative effects of a particular pesticide's residues and “other substances that have a common mechanism of toxicity.” Unlike other pesticides for which EPA has followed a cumulative risk approach based on a common mechanism of toxicity, EPA has not made a common mechanism of toxicity finding as to acequinocyl and any other substances and acequinocyl does not appear to produce a toxic metabolite produced by other substances. For the purposes of this tolerance action, therefore, EPA has not assumed that acequinocyl has a common mechanism of toxicity with other substances. For information regarding EPA's efforts to determine which chemicals have a common mechanism of toxicity and to evaluate the cumulative effects of such chemicals, see EPA's website at *http://www.epa.gov/pesticides/cumulative* . D. Safety Factor for Infants and Children 1. *In general* . Section 408 of FFDCA provides that EPA shall apply an additional
(10X)tenfold margin of safety for infants and children in the case of threshold effects to account for prenatal and postnatal toxicity and the completeness of the data base on toxicity and exposure unless EPA determines based on reliable data that a different margin of safety will be safe for infants and children. This additional margin of safety is commonly referred to as the FQPA safety factor. In applying this provision, EPA either retains the default value of 10X when reliable data do not support the choice of a different factor, or, if reliable data are available, EPA uses a different additional FQPA safety factor value based on the use of traditional UFs and/or special FQPA safety factors, as appropriate. 2. *Prenatal and postnatal sensitivity* . There is no evidence of increased quantitative susceptibility following *in utero* exposure to acequinocyl in rat or rabbit developmental studies or following prenatal and/or postnatal exposure to acequnocyl in a two-generation reproduction study in rats. There is an apparent qualitative increase in susceptibility in the rat and rabbit developmental studies as indicated by increases in resorptions that occurred at the same or higher dose that caused maternal toxicity, but the concern is low since:
(1)The fetal effects were noted in the presence of maternal toxicity; and
(2)the effects are well-characterized in that a clear NOAEL was identified. An increase in mortality in the offsprings of F1 and/or F2 generation was identified in the two-generation reproduction study; however, EPA does not consider this as evidence for increased susceptibility because the mortality occurred after weaning (day 21) during days 22 to 55 when food intake by the pups substantially increases, substantially increasing the administered dose of pesticide. In any event these effects occurred in the presence of maternal toxicity and a clear NOAEL was identified. There are no residual uncertainties and low concern for prenatal and/or postnatal toxicity following exposure to acequinocyl. 3. *Conclusion* . EPA has determined that reliable data show that it would be safe for infants and children to reduce the FQPA safety factor to 1X. That decision is based on the following findings: i. The toxicity database for acequinocyl is complete. ii. Though two studies showed effects that could be indicative of neurotoxicity, EPA concluded that exposure to acequinocyl does not pose a neurotoxicity concern and there is no need for a developmental neurotoxicity study or additional UFs to account for neurotoxicity. First, acequinocyl is a known Vitamin K antagonist; neurotoxic compounds of similar structure were not identified. Second, the study effects are considered as secondary because they were observed at very high doses (58.9/69.2 milligrams/kilogram/day (mg/kg/day) and 111.2/133.5 mg/kg/day in the rat reproduction study and 252.7/286.0 mg/kg/day in the rat subchronic study.) In the two-generation reproduction study, significant reduction in startle response in F2 pups was observed in the high dose groups. However, other functional development studies (such as a papillary reflex test at 21 days post partum, an open field exploration test at 35 to 48 days post partum) that were performed on pups did not show significant differences as compared to control values even at the highest dosage rate. iii. There is no evidence that acequinocyl results in increased quantitative susceptibility in *in utero* rats or rabbits in the prenatal developmental studies or in young rats in the two-generation reproduction study. As discussed above, there is low concern for any potential qualitative sensitivity observed in these studies. iv. There are no residual uncertainties identified in the exposure databases. The dietary food exposure assessments were performed based on 100% crop treated
(CT)and tolerance-level residues. Conservative ground water and surface water modeling estimates were used. No significant post application exposure to children is anticipated from the registered use of acequinocyl on ornamental plants. These assessments will not underestimate the exposure and risks posed by acequinocyl. E. Aggregate Risks and Determination of Safety Safety is assessed for acute and chronic risks by comparing aggregate exposure to the pesticide to the aPAD and cPAD. The aPAD and cPAD are calculated by dividing the LOC by all applicable UFs. For linear cancer risks, EPA calculates the probability of additional cancer cases given aggregate exposure. Short-term, intermediate-term, and long-term risks are evaluated by comparing aggregate exposure to the LOC to ensure that the MOE called for by the product of all applicable UFs is not exceeded. 1. *Acute risk* . No acute risk is expected because an endpoint of concern attributable to a single dose was not identified. 2. *Chronic risk* . Using the exposure assumptions described in this unit for chronic exposure, EPA has concluded that exposure to acequinocyl from food and water will utilize 41% of the cPAD for the population group children 1 to 2 years old, the most highly exposed population subgroup. Based on the use pattern, chronic residential exposure to residues of Acequinocyl is not expected. 3. *Short-term risk* . Short-term aggregate exposure takes into account residential exposure plus chronic exposure to food and water (considered to be a background exposure level). Acequinocyl is currently registered for use that could result in short-term residential exposure and the Agency has determined that it is appropriate to aggregate chronic food and water and short-term exposures for acequinocyl. Using the exposure assumptions described in this unit for short-term exposures, EPA has concluded that food, water, and residential exposures aggregated result in aggregate MOEs of 2,700 for adult residential handlers 50+ years old mixing, loading and applying acequinocyl in residential settings. The adult 50+ years old population is the highest exposed population group and the MOE of 2,700 is considered protective of the other adult population groups. Based on the use pattern, no significant post application exposure is anticipated, therefore, no residential post application assessment was conducted. 4. *Intermediate-term risk* . Intermediate-term aggregate exposure takes into account residential exposure plus chronic exposure to food and water (considered to be a background exposure level). Acequinocyl is not registered for use on any sites that would result in intermediate-term residential exposure. Therefore, the aggregate risk is the sum of the risk from food and water, which do not exceed the Agency's level of concern. 5. *Aggregate cancer risk for U.S. population* . Acequinocyl is not considered to be a carcinogen and thus is not expected to pose a cancer risk. 6. *Determination of safety* . Based on these risk assessments, EPA concludes that there is a reasonable certainty that no harm will result to the general population, or to infants and children from aggregate exposure to acequinocyl residues. IV. Other Considerations A. Analytical Enforcement Methodology Analytical enforcement methods include liquid chromatography with tandem mass spectrometric detection (LC/MS/MS). The limit of quantitation
(LOQ)is 0.01 ppm for each analyte in plant and livestock commodities and the reported limit of detection
(LOD)is 0.003 ppm for each analyte in plant commodities. Adequate enforcement methodology (two liquid chromatography with tandem mass spectrometric detection LC/MS/MS) methods (Morse Methods Meth-133 revision #4 and Meth-135, revision #2 for grape and tree nuts, respectively) are available to enforce the tolerance expression. The methods may be requested from: Chief, Analytical Chemistry Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD 20755-5350; telephone number:
(410)305-2905; e-mail address: *residuemethods@epa.gov* . B. International Residue Limits There are no established or proposed CODEX, Canadian, or Mexican maximum residue limits
(MRLs)for acequinocyl. C. Response to Comments One comment was received from a private citizen opposing the “manufacturing, selling or use” of acequinocyl. The commenter further stated that it was their wish that no exemptions be issued and that no tolerances should be approved. The Agency understands the commenter's concerns and recognizes that some individuals believe that pesticides should be banned completely. However, under the existing framework provided by section 408 of the FFDCA, EPA is required to establish pesticide tolerances or exemptions where persons seeking such tolerances have demonstrated that the pesticide meets the safety standard imposed by that statue. The commenter has not provided the Agency with specific rationale nor additional information pertaining to the legal standards in FFDCA section 408 for opposing the establishment of a tolerance for acequinocyl. In the absence of any additional information of a factual nature, the Agency can not effectively respond to the commenter's disagreement with the Agency's decision. V. Conclusion Therefore, the tolerances are established for combined residues of acequinocyl and its metabolite, 2-dodecyl-3-hydroxy-1,4-naphthoquinone expressed as acequinocyl equivalents, in or on grape and nut, tree, group 14 at 1.6 ppm and 0.02 ppm, respectively. VI. Statutory and Executive Order Reviews This final rule establishes a tolerance under section 408(d) of FFDCA in response to a petition submitted to the Agency. The Office of Management and Budget
(OMB)has exempted these types of actions from review under Executive Order 12866, entitled *Regulatory Planning and Review* (58 FR 51735, October 4, 1993). Because this rule has been exempted from review under Executive Order 12866, this rule is not subject to Executive Order 13211, *Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use* (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled *Protection of Children from Environmental Health Risks and Safety Risks* (62 FR 19885, April 23, 1997). This final rule does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 *et seq* ., nor does it require any special considerations under Executive Order 12898, entitled *Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations* (59 FR 7629, February 16, 1994). Since tolerances and exemptions that are established on the basis of a petition under section 408(d) of FFDCA, such as the tolerance in this final rule, do not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act
(RFA)(5 U.S.C. 601 *et seq* .) do not apply. This final rule directly regulates growers, food processors, food handlers, and food retailers, not States or tribes, nor does this action alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of section 408(n)(4) of FFDCA. As such, the Agency has determined that this action will not have a substantial direct effect on States or tribal governments, on the relationship between the national government and the States or tribal governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian tribes. Thus, the Agency has determined that Executive Order 13132, entitled *Federalism* (64 FR 43255, August 10, 1999) and Executive Order 13175, entitled *Consultation and Coordination with Indian Tribal Governments* (65 FR 67249, November 6, 2000) do not apply to this rule. In addition, This rule does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act of 1995
(UMRA)(Public Law 104-4). This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 note). VII. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 *et seq* ., generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of this final rule in the **Federal Register** . This final rule is not a “major rule” as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements. Dated: March 20, 2008. Lois Rossi, Director, Registration Division, Office of Pesticide Programs. Therefore, 40 CFR chapter I is amended as follows: PART 180—[AMENDED] 1. The authority citation for part 180 continues to read as follows: Authority: 21 U.S.C. 321(q), 346a and 371. 2. Section 180. 599 is amended by removing from the table in paragraph
(a)the entry for almond, and adding new commodities to the table to read as follows: § 180.599 Acequinocyl; Tolerances for residues.
(a)* * * Commodity Parts per million * * * * * Grape 1.6 * * * * * Nut, tree, group 14 0.02 * * * * * [FR Doc. E8-6699 Filed 4-1-08; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA-HQ-OPP-2006-0479; FRL-8347-9] Ferric Citrate; Inert Ingredient; Exemption from the Requirement of a Tolerance AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: This regulation establishes an exemption from the requirement of a tolerance under 40 CFR 180.910 for residues of ferric citrate (CAS Reg. No. 2338-05-8) in or on raw agricultural commodities when applied/used as inert ingredients in pesticide formulations. The Shepherd Chemical Company submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996, requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of ferric citrate. DATES: This regulation is effective April 2, 2008. Objections and requests for hearings must be received on or before June 2, 2008, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION ). ADDRESSES: EPA has established a docket for this action under docket identification
(ID)number EPA-HQ-OPP-2006-0479. To access the electronic docket, go to *http://www.regulations.gov* , select “Advanced Search,” then “Docket Search.” Insert the docket ID number where indicated and select the “Submit” button. Follow the instructions on the regulations.gov website to view the docket index or access available documents. All documents in the docket are listed in the docket index available in regulations.gov. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either in the electronic docket at *http://www.regulations.gov* , or, if only available in hard copy, at the Office of Pesticide Programs
(OPP)Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is
(703)305-5805. FOR FURTHER INFORMATION CONTACT: Kathleen Martin, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(703)308-2857; e-mail address: *martin.kathleen@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to: • Crop production (NAICS code 111). • Animal production (NAICS code 112). • Food manufacturing (NAICS code 311). • Pesticide manufacturing (NAICS code 32532). This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. To determine whether you or your business may be affected by this action, you should carefully examine the applicability provisions in 40 CFR part 152. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT . B. How Can I Access Electronic Copies of this Document? In addition to accessing an electronic copy of this **Federal Register** document through the electronic docket at *http://www.regulations.gov* , you may access this **Federal Register** document electronically through the EPA Internet under the **Federal Register** listings at *http://www.epa.gov/fedrgstr* . You may also access a frequently updated electronic version of 40 CFR part 180 through the Government Printing Office's pilot e-CFR site at *http://www.gpoaccess.gov/ecfr* . C. Can I File an Objection or Hearing Request? Under section 408(g) of FFDCA, as amended by FQPA, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. The EPA procedural regulations which govern the submission of objections and requests for hearings appear in 40 CFR part 178. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number EPA-HQ-OPP-2006-0479 in the subject line on the first page of your submission. All requests must be in writing, and must be mailed or delivered to the Hearing Clerk on or before June 2, 2008. In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing that does not contain any CBI for inclusion in the public docket that is described in ADDRESSES . Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit your copies, identified by docket ID number EPA-HQ-OPP-2006-0479, by one of the following methods: • *Federal eRulemaking Portal* : *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs
(OPP)Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. • *Delivery* : OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only accepted during the Docket's normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays). Special arrangements should be made for deliveries of boxed information. The Docket Facility telephone number is
(703)305-5805. II. Background and Statutory Findings In the **Federal Register** of June 7, 2006 (71 FR 32955) (FRL-8071-2), EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21 U.S.C. 346a(d)(3), announcing the filing of a pesticide tolerance petition (PP 6E7062) by The Shepherd Chemical Company, 4900 Beech Street; Norwood, OH 45212-2398. The petition requested that 40 CFR part 180 be amended by establishing an exemption from the requirement of a tolerance for residues of ferric citrate. No comments were received in response to the notice of filing. Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an exemption from the requirement for a tolerance (the legal limit for a pesticide chemical residue in or on a food) only if EPA determines that the tolerance is “safe.” Section 408(c)(2)(A)(ii) of FFDCA defines “safe” to mean that “there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue, including all anticipated dietary exposures and all other exposures for which there is reliable information.” This includes exposure through drinking water and in residential settings, but does not include occupational exposure. Pursuant to section 408(c)(2)(B) of FFDCA, in establishing or maintaining in effect an exemption from the requirement of a tolerance, EPA must take into account the factors set forth in section 408(b)(2)(C) of FFDCA, which requires EPA to give special consideration to exposure of infants and children to the pesticide chemical residue in establishing a tolerance and to “ensure that there is a reasonable certainty that no harm will result to infants and children from aggregate exposure to the pesticide chemical residue.” EPA performs a number of analyses to determine the risks from aggregate exposure to pesticide residues. First, EPA determines the toxicity of pesticides. Second, EPA examines exposure to the pesticide through food, drinking water, and through other exposures that occur as a result of pesticide use in residential settings. Provided below in Unit III is a brief summary and conclusions for the Agency's review of ferric citrate. The full Inert Ingredient Decision Document for this action is available on EPA's Electronic Docket at *http://www.regulations.gov/* under docket number EPA-HQ-OPP-2006-0479. III. Toxicological Profile Consistent with section 408(b)(2)(D) of FFDCA, EPA has reviewed the available scientific data and other relevant information in support of this action and considered its validity, completeness and reliability and the relationship of this information to human risk. EPA has also considered available information concerning the variability of the sensitivities of major identifiable subgroups of consumers, including infants and children. The nature of the toxic effects caused by ferric citrate is discussed in this unit. The Agency reviewed the available information on ferric citrate and determined that the toxicity database is sufficient. The toxicity studies summarized below are from the published literature; their full references are provided in the Decision Document. In summary, from what is known about the sulfates of iron (as opposed to the citrate), it appears that ferric citrate is not acutely toxic via the oral route. In subchronic toxicity using mice, no effects were noted at the maximum tolerated dose. In chronic toxicity testing, no effects were seen at 1,200 parts per million (ppm). Ferric citrate has not been shown to be mutagenic or carcinogenic. Finally, no developmental and reproductive effects have been shown. *Acute toxicity* . No acute toxicity studies per se were identified for ferric citrate. In 2002 the Agency reassessed the tolerance exemptions for the mineral acids and their salts. Among the chemicals assessed were the iron sulfates. Acute toxicity values included: oral LD <sup>50</sup> rat—1,487 to 2,102 milligrams/kilograms (mg/kg); oral LD <sup>50</sup> mice—1,520 mg/kg; and dermal LD <sup>50</sup> rabbit—2,000 mg/kg. The National Academy of Sciences Institute of Medicine
(IOM)discusses reports of acute toxicity resulting from overdoses of medicinal iron, especially in young children. Accidental iron overdose is the most common cause of poisoning deaths in children under six years of age in the U.S. The severity of iron toxicity is related to the amount of elemental iron absorbed. Gastrointestinal
(GI)manifestations occur following the ingestion of 20 milligrams/kilograms body weight (mg/kg bw) and systemic toxicity may occur following the ingestion of 60 mg/kg bw. Vomiting and diarrhea characterize the initial stages of iron intoxication while later systemic effects can include those involving the heart, central nervous system, kidney, liver, and blood. IOM reports that in studies with adults, GI effects were seen at 50 milligrams/day (mg/day) of elemental iron; this finding is supported by other studies showing similar effects. *Subchronic toxicity* . The open literature reports a study where ferric citrate was administered to mice in drinking water at doses of 0; 0.06; 0.12; 0.25; 0.5; or 1% (which is equivalent to 0; 600; 1,200; 2,500; 5,000; or 10,000 ppm) for 13 weeks. The investigators determined that the maximum tolerated dose is 1,200 ppm. *Mutagenicity* . The open literature provides results of Ames testing (with *S. typhimurium* strains TA92, TA 1535, TA100, TA1537, TA94, and TA98) and chromosomal aberration testing (with Chinese hamster fibroblasts). In the Ames test using 25 milligrams/plate (mg/plate) of ferric citrate (the maximum dose), no significant increases in the number of revertant colonies were detected in any *S. typhimurium* strains. In the chromosomal aberration testing using 0.5 milligrams/milliLiters (mg/mL) (the maximum dose), polyploidy was observed in 3% of the cells after 48 hours and structural aberration was observed in 1% of the cells after 48 hours; the investigators concluded that these results were negative for chromosomal aberration. *Chronic toxicity* . In a study reported in the open literature, ferric citrate was administered to mice in drinking water at doses of 0; 0.06; or 0.12% (which is equivalent to 0; 600 or 1,200 ppm) for 96 weeks. No evidence of chronic toxicity or carcinogenicity was demonstrated in the study. *Developmental and reproductive toxicity* . To determine if toxic fetal serum iron levels are reached when maternal serum iron concentrations rise above what the body can homeostatically maintain, investigators dosed pregnant sheep with toxic doses of iron. Specifically, four gravid ewes were dosed with ferric chloride at 2 mg/kg/bw via intravenous administration over 60 minutes; this route was chosen over the oral route because only a small amount of iron is absorbed from the gastrointestinal tract after overdose. A significant rise was observed in the maternal serum iron concentration but not in that of the fetuses. The investigators concluded that the fetus is protected from elevated maternal serum iron concentrations during the third trimester of pregnancy, a period when the fetus acquires most of the iron that it needs during the gestational period. IV. Aggregate Exposures In examining aggregate exposure, FFDCA section 408 directs EPA to consider available information concerning exposures from the pesticide residue in food and all other non-occupational exposures, including drinking water from ground water or surface water and exposure through pesticide use in gardens, lawns, or buildings (residential and other indoor uses). EPA does not have information available to assess the potential for exposure to ferric citrate in consumer products. Nevertheless, given: The natural and ubiquitous occurrence of iron-containing compounds in the environment; iron's known role in human physiology; and its presence in various foods such as beef, soybeans, lentils, and spinach, it is unlikely that residential exposures of concern would result from the use of ferric citrate in nonpesticide products and as an ingredient in pesticide. Therefore, no further aggregate assessment is necessary. *Dietary Exposure Food* . EPA estimated dietary exposures for use of ferric citrate as an inert ingredient using DEEM
(tm), or Dietary Exposure Evaluation Model, a generic screening model that assumes that the inert ingredient is used on all commodities and that 100 percent of crops are treated with the inert ingredient. Generic chronic exposure for the overall U.S. population was estimated at 0.12 mg/kg/day. 2. *Drinking water exposure* . Iron concentrations in groundwater have been reported to range <0.5 to 100 mg/L; higher values have been found in the absence of oxygen and in the presences of organic matter. In surface waters, iron concentrations can vary widely, ranging from 61 to 2,680 milligrams/Liters (mg/L). V. Cumulative Effects Section 408(b)(2)(D)(v) of FFDCA requires that, when considering whether to establish, modify, or revoke a tolerance, the Agency consider “available information” concerning the cumulative effects of a particular pesticide's residues and “other substances that have a common mechanism of toxicity.” Unlike other pesticides for which EPA has followed a cumulative risk approach based on a common mechanism of toxicity, EPA has not made a common mechanism of toxicity finding as to ferric citrate and any other substances and, this material does not appear to produce a toxic metabolite produced by other substances. For the purposes of this tolerance action, therefore, EPA has not assumed that ferric citrate has a common mechanism of toxicity with other substances. For information regarding EPA's efforts to determine which chemicals have a common mechanism of toxicity and to evaluate the cumulative effects of such chemicals, see the policy statements released by EPA's Office of Pesticide Programs concerning common mechanism determinations and procedures for cumulating effects from substances found to have a common mechanism on EPA's website at *http://www.epa.gov/pesticides/cumulative/* . VI. Determination of Safety for U.S. Population, Infants and Children Based on the information in this preamble, EPA concludes that there is a reasonable certainty of no harm from aggregate exposure to residues. Accordingly, EPA finds that exempting from the requirement of a tolerance will be safe. VII. Other Considerations A. Analytical Method An analytical method is not required for enforcement purposes since the Agency is establishing an exemption from the requirement of a tolerance without any numerical limitation. B. International Tolerances The Agency is not aware of any country requiring a tolerance for ferric citrate (CAS Reg. No. 2338-05-8), nor have any CODEX Maximum Residue Levels
(MRLs)been established for any food crops at this time. VIII. Statutory and Executive Order Reviews This final rule establishes a tolerance under section 408(d) of FFDCA in response to a petition submitted to the Agency. The Office of Management and Budget
(OMB)has exempted these types of actions from review under Executive Order 12866, entitled *Regulatory Planning and Review* (58 FR 51735, October 4, 1993). Because this final rule has been exempted from review under Executive Order 12866, this final rule is not subject to Executive Order 13211, *Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use* (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled *Protection of Children from Environmental Health Risks and Safety Risks* (62 FR 19885, April 23, 1997). This final rule does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 *et seq* ., nor does it require any special considerations under Executive Order 12898, entitled *Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations* (59 FR 7629, February 16, 1994). Since tolerances and exemptions that are established on the basis of a petition under section 408(d) of FFDCA, such as the tolerance in this final rule, do not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act
(RFA)(5 U.S.C. 601 *et seq* .) do not apply. This final rule directly regulates growers, food processors, food handlers, and food retailers, not States or tribes, nor does this action alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of section 408(n)(4) of FFDCA. As such, the Agency has determined that this action will not have a substantial direct effect on States or tribal governments, on the relationship between the national government and the States or tribal governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian tribes. Thus, the Agency has determined that Executive Order 13132, entitled *Federalism* (64 FR 43255, August 10, 1999) and Executive Order 13175, entitled *Consultation and Coordination with Indian Tribal Governments* (65 FR 67249, November 6, 2000) do not apply to this final rule. In addition, this final rule does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act of 1995
(UMRA)(Public Law 104-4). This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 note). IX. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 *et seq* ., generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of this final rule in the **Federal Register** . This final rule is not a “major rule” as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements. Dated: March 21, 2008. Lois Rossi, Director, Registration Division, Office of Pesticide Programs. Therefore, 40 CFR chapter I is amended as follows: PART 180—[AMENDED] 1. The authority citation for part 180 continues to read as follows: Authority: 21 U.S.C. 321(q), 346a and 371. 2. In §180.910 the table is amended by adding alphabetically the following inert ingredient to read as follows: § 180.910 Inert ingredients used pre- and post-harvest; exemptions from the requirement of a tolerance. Inert ingredients Limits Uses * * * * * * * Ferric Citrate (CAS Reg. No. 2338-05-8) Stabilizer * * * * * * * [FR Doc. E8-6818 Filed 4-1-08; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA-HQ-OPP-2007-0325; FRL-8356-6] Dicamba; Pesticide Tolerance AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: This regulation establishes tolerances for combined residues of dicamba and its 5-hydroxy metabolite in or on corn, sweet, forage; corn, sweet, kernel plus cob with husks removed; and corn, sweet, stover. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). DATES: This regulation is effective April 2, 2008. Objections and requests for hearings must be received on or before June 2, 2008, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION ) . ADDRESSES: EPA has established a docket for this action under docket identification
(ID)number EPA-HQ-OPP-2007-0325. To access the electronic docket, go to *http://www.regulations.gov* , select “Advanced Search,” then “Docket Search.” Insert the docket ID number where indicated and select the “Submit” button. Follow the instructions on the regulations.gov website to view the docket index or access available documents. All documents in the docket are listed in the docket index available in regulations.gov. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available in the electronic docket at *http://www.regulations.gov* , or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is
(703)305-5805. FOR FURTHER INFORMATION CONTACT: Susan Stanton, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(703)305-5218; e-mail address: *stanton.susan@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to those engaged in the following activities: • Crop production (NAICS code 111), e.g., agricultural workers; greenhouse, nursery, and floriculture workers; farmers. • Animal production (NAICS code 112), e.g., cattle ranchers and farmers, dairy cattle farmers, livestock farmers. • Food manufacturing (NAICS code 311), e.g., agricultural workers; farmers; greenhouse, nursery, and floriculture workers; ranchers; pesticide applicators. • Pesticide manufacturing (NAICS code 32532), e.g., agricultural workers; commercial applicators; farmers; greenhouse, nursery, and floriculture workers; residential users. This listing is not intended to be exhaustive, but rather to provide a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT . B. How Can I Access Electronic Copies of this Document? In addition to accessing an electronic copy of this **Federal Register** document through the electronic docket at *http://www.regulations.gov* , you may access this **Federal Register** document electronically through the EPA Internet under the “ **Federal Register** ” listings at *http://www.epa.gov/fedrgstr* . You may also access a frequently updated electronic version of EPA's tolerance regulations at 40 CFR part 180 through the Government Printing Office's pilot e-CFR site at *http://www.gpoaccess.gov/ecfr* . C. Can I File an Objection or Hearing Request? Under section 408(g) of FFDCA, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number EPA-HQ-OPP-2007-0325 in the subject line on the first page of your submission. All requests must be in writing, and must be mailed or delivered to the Hearing Clerk as required by 40 CFR part 178 on or before June 2, 2008. In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing that does not contain any CBI for inclusion in the public docket that is described in ADDRESSES . Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit this copy, identified by docket ID number EPA-HQ-OPP-2007-0325, by one of the following methods: • *Federal eRulemaking Portal* : *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs
(OPP)Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. • *Delivery* : OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only accepted during the Docket's normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays). Special arrangements should be made for deliveries of boxed information. The Docket Facility telephone number is
(703)305-5805. II. Petition for Tolerance In the **Federal Register** of May 9, 2007 (72 FR 26375) (FRL-8128-1), EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21 U.S.C. 346a(d)(3), announcing the filing of a pesticide petition ((PP) 0E6209) by Interregional Research Project Number 4 (IR-4), 500 College Road East, Suite 201 W, Princeton, NJ 08540-6635. The petition requested that 40 CFR 180.227 be amended by establishing tolerances for combined residues of the herbicide dicamba, 3,6-dichloro- *o* -anisic acid, and its metabolite, 3,6-dichloro-5-hydroxy- *o* -anisic acid, in or on corn, sweet, forage at 0.50 parts per million (ppm); corn, sweet, kernel plus cob with husks removed at 0.04 ppm; and corn, sweet, stover at 0.50 ppm. That notice referenced a summary of the petition prepared by BASF Corporation, the registrant, which is available to the public in the docket, *http://www.regulations.gov* . There were no comments received in response to the notice of filing. III. Aggregate Risk Assessment and Determination of Safety Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a tolerance (the legal limit for a pesticide chemical residue in or on a food) only if EPA determines that the tolerance is “safe.” Section 408(b)(2)(A)(ii) of FFDCA defines “safe” to mean that “there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue, including all anticipated dietary exposures and all other exposures for which there is reliable information.” This includes exposure through drinking water and in residential settings, but does not include occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to give special consideration to exposure of infants and children to the pesticide chemical residue in establishing a tolerance and to “ensure that there is a reasonable certainty that no harm will result to infants and children from aggregate exposure to the pesticide chemical residue....” These provisions were added to FFDCA by the Food Quality Protection Act
(FQPA)of 1996. Consistent with FFDCA section 408(b)(2)(D), and the factors specified in FFDCA section 408(b)(2)(D), EPA has reviewed the available scientific data and other relevant information in support of this action. EPA has sufficient data to assess the hazards of and to make a determination on aggregate exposure for the petitioned-for tolerances for combined residues of dicamba on corn, sweet, forage at 0.50 ppm; corn, sweet, kernel plus cob with husks removed at 0.04 ppm; and corn, sweet, stover at 0.50 ppm. EPA's assessment of exposures and risks associated with establishing the tolerance follows. A. Toxicological Profile EPA has evaluated the available toxicity data and considered its validity, completeness, and reliability as well as the relationship of the results of the studies to human risk. EPA has also considered available information concerning the variability of the sensitivities of major identifiable subgroups of consumers, including infants and children. Dicamba has low acute toxicity via the oral, dermal and inhalation routes. It is an eye and dermal irritant but it is not a skin sensitizer. Following oral administration, dicamba is rapidly absorbed and excreted in urine and feces. Consistent neurotoxic signs (e.g., ataxia, decreased motor activity, impaired righting reflex and gait) were observed in many studies in rats and rabbits at high doses. Prenatal developmental toxicity studies in rats and rabbits showed no evidence (qualitative or quantitative) of increased susceptibility following *in utero* or post-natal exposure to dicamba. There was an increased incidence of abortion in the rabbit developmental toxicity study at doses that also showed maternal toxicity. In a 2-generation reproduction study, offspring toxicity was manifested as decreased pup body weight gain in all generations at a dose lower than the parental systemic toxicity NOAEL. Dicamba is classified as “Not Likely to be Carcinogenic to Humans” by the oral route. Mutagenicity studies did not demonstrate evidence of mutagenic potential for dicamba although some positive results were reported in published literature. Specific information on the studies received and the nature of the adverse effects caused by dicamba as well as the no-observed-adverse-effect-level (NOAEL) and the lowest-observed-adverse-effect-level (LOAEL) from the toxicity studies can be found at *http://www.regulations.gov* in the document *Dicamba: Human-Health Risk Assessment for Proposed Section 3 New Uses on Sweet Corn* . The referenced document is available in the docket established by this action, which is described under ADDRESSES , and is identified as EPA-HQ-OPP-2007-0325-0004 in that docket. B. Toxicological Endpoints For hazards that have a threshold below which there is no appreciable risk, the toxicological level of concern
(LOC)is derived from the highest dose at which no adverse effects are observed (the NOAEL) in the toxicology study identified as appropriate for use in risk assessment. However, if a NOAEL cannot be determined, the lowest dose at which adverse effects of concern are identified (the LOAEL) is sometimes used for risk assessment. Uncertainty/safety factors
(UFs)are used in conjunction with the LOC to take into account uncertainties inherent in the extrapolation from laboratory animal data to humans and in the variations in sensitivity among members of the human population as well as other unknowns. Safety is assessed for acute and chronic risks by comparing aggregate exposure to the pesticide to the acute population adjusted dose
(aPAD)and chronic population adjusted dose (cPAD). The aPAD and cPAD are calculated by dividing the LOC by all applicable UFs. Short-term, intermediate-term, and long-term risks are evaluated by comparing aggregate exposure to the LOC to ensure that the margin of exposure
(MOE)called for by the product of all applicable UFs is not exceeded. For non-threshold risks, the Agency assumes that any amount of exposure will lead to some degree of risk and estimates risk in terms of the probability of occurrence of additional adverse cases. Generally, cancer risks are considered non-threshold. For more information on the general principles EPA uses in risk characterization and a complete description of the risk assessment process, see *http://www.epa.gov/fedrgstr/EPA-PEST/1997/November/Day-26/p30948.htm* . A summary of the toxicological endpoints for dicamba used for human risk assessment can be found at *http://www.regulations.gov* in the document *Dicamba: Human-Health Risk Assessment for Proposed Section 3 New Uses on Sweet Corn* . The referenced document is available in the docket established by this action, which is described under ADDRESSES , and is identified as EPA-HQ-OPP-2007-0325-0004 in that docket. C. Exposure Assessment 1. *Dietary exposure from food and feed uses* . In evaluating dietary exposure to dicamba, EPA considered exposure under the petitioned-for tolerances as well as all existing dicamba tolerances in 40 CFR 180.227. EPA assessed dietary exposures from dicamba in food as follows: i. *Acute exposure* . Quantitative acute dietary exposure and risk assessments are performed for a food-use pesticide, if a toxicological study has indicated the possibility of an effect of concern occurring as a result of a 1-day or single exposure. In estimating acute dietary exposure to dicamba, EPA used food consumption information from the U.S. Department of Agriculture
(USDA)1994-1996 and 1998 Nationwide Continuing Surveys of Food Intake by Individuals (CSFII). As to residue levels in food, EPA assumed all foods for which there are tolerances were treated and contain tolerance-level residues. No anticipated residues or percent crop treated
(PCT)data were used in the acute dietary exposure assessment. ii. *Chronic exposure* . In conducting the chronic dietary exposure assessment EPA used the food consumption data from the USDA 1994-1996 and 1998 CSFII. As to residue levels in food, EPA assumed all foods for which there are tolerances were treated and contain tolerance-level residues. No anticipated residues or percent crop treated
(PCT)data were used in the chronic dietary exposure assessment. iii. *Cancer* . Based on the results of carcinogenicity studies in rats and mice, EPA has concluded that dicamba is “not likely to be carcinogenic to humans.” Consequently, a quantitative cancer exposure and risk assessment is not appropriate for dicamba. 2. *Dietary exposure from drinking water* . The residues of concern in drinking water include dicamba and its major degradate, DCSA. The Agency lacks sufficient monitoring data to complete a comprehensive dietary exposure analysis and risk assessment for dicamba and DCSA in drinking water. Because the Agency does not have comprehensive monitoring data, drinking water concentration estimates are made by reliance on simulation or modeling taking into account data on the environmental fate characteristics of dicamba and DCSA. Further information regarding EPA drinking water models used in pesticide exposure assessment can be found at *http://www.epa.gov/oppefed1/models/water/index.htm* . Based on the Pesticide Root Zone Model/Exposure Analysis Modeling System (PRZM/EXAMS) and Screening Concentration in Ground Water (SCI-GROW) models, the combined estimated environmental concentrations
(EECs)of dicamba and DCSA for acute exposures are estimated to be 367 parts per billion
(ppb)for surface water and 0.016 ppb for ground water. The combined EECs for chronic exposures are estimated to be 13.8 ppb for surface water and 0.016 ppb for ground water. Modeled estimates of drinking water concentrations were directly entered into the dietary exposure model. For acute dietary risk assessment, the water concentration value of 367 ppb was used to assess the contribution to drinking water. For chronic dietary risk assessment, the water concentration of value 13.8 ppb was used to assess the contribution to drinking water. 3. *From non-dietary exposure* . The term “residential exposure” is used in this document to refer to non-occupational, non-dietary exposure (e.g., for lawn and garden pest control, indoor pest control, termiticides, and flea and tick control on pets). Dicamba is currently registered for use on residential sites, including home lawns and golf courses. EPA assessed residential exposure using the following assumptions: Residential handlers are likely to be exposed to dicamba residues via dermal and inhalation routes during handling, mixing, loading and applying activities. Based on the current use patterns, EPA expects duration of handler exposure to be short-term (1-30 days). EPA assessed several residential handler scenarios and found that handlers who mix/load and apply dicamba using a hose-end sprayer have the highest estimated exposures. There is also potential for short-term (1-30 days) post-application exposure of adults and children/toddlers on lawns and other turf areas previously treated with dicamba, as well as the potential for acute, episodic exposure of toddlers from ingestion of granules containing dicamba. EPA assessed short-term dermal exposure of adults doing yardwork; short-term dermal and incidental oral exposure of toddlers playing on treated turf; and acute toddler exposure from episodic granule ingestion. Post-application inhalation exposures are expected to be negligible and were, therefore, not assessed. 4. *Cumulative effects from substances with a common mechanism of toxicity* . Section 408(b)(2)(D)(v) of FFDCA requires that, when considering whether to establish, modify, or revoke a tolerance, the Agency consider “available information” concerning the cumulative effects of a particular pesticide's residues and “other substances that have a common mechanism of toxicity.” Unlike other pesticides for which EPA has followed a cumulative risk approach based on a common mechanism of toxicity, EPA has not made a common mechanism of toxicity finding as to dicamba and any other substances and dicamba does not appear to produce a toxic metabolite produced by other substances. For the purposes of this tolerance action, therefore, EPA has not assumed that dicamba has a common mechanism of toxicity with other substances. For information regarding EPA's efforts to determine which chemicals have a common mechanism of toxicity and to evaluate the cumulative effects of such chemicals, see EPA's website at *http://www.epa.gov/pesticides/cumulative* . D. Safety Factor for Infants and Children 1. *In general* . Section 408(b)(2)(C) of FFDCA provides that EPA shall apply an additional tenfold (“10X”) margin of safety for infants and children in the case of threshold effects to account for prenatal and postnatal toxicity and the completeness of the database on toxicity and exposure unless EPA determines based on reliable data that a different margin of safety will be safe for infants and children. This additional margin of safety is commonly referred to as the FQPA safety factor. In applying this provision, EPA either retains the default value of 10X when reliable data do not support the choice of a different factor, or, if reliable data are available, EPA uses a different additional FQPA safety factor value based on the use of traditional UFs and/or special FQPA safety factors, as appropriate. 2. *Prenatal and postnatal sensitivity* . The prenatal and postnatal toxicology database for dicamba includes rat and rabbit developmental toxicity studies and a 2-generation reproduction toxicity study in rats. There was no evidence (qualitative or quantitative) of increased susceptibility following *in utero* exposure in the developmental toxicity studies in rats and rabbits. There was evidence of increased sensitivity of the offspring following pre-/postnatal exposure in the 2-generation reproduction study in rats. In that study, offspring toxicity was manifested as decreased pup body weight in all generations at a dose lower than the parental systemic toxicity NOAEL. However, there is low concern and there are no residual uncertainties for the increased susceptibility for the following reasons. The NOAEL of 45 milligrams/kilogram/day (mg/kg) identified in this study was chosen for risk assessments for all routes and exposure durations other than acute oral exposures. Since this NOAEL is the lowest (most sensitive endpoint) in the dicamba toxicity database, and the dose response observed in the study is well defined, assuring that this dose is a clear NOAEL, use of the NOAEL and endpoint for risk assessment is protective for all observed toxic effects of the chemical. The endpoint (decreased pup body weight) is not expected to occur as a result of a single (acute) exposure and was, therefore, not deemed appropriate for assessing acute oral exposures. 3. *Conclusion* . EPA has determined that reliable data show that it would be safe for infants and children to reduce the FQPA safety factor to 3X for acute oral exposures and to 1X for all other routes and durations of exposure. That decision is based on the following findings: i. The toxicity database for Dicamba is complete. ii. A developmental neurotoxicity study is not required. Consistent neurotoxic signs (e.g., ataxia, decreased motor activity, impaired righting reflex and gait) were observed in many studies in rats and rabbits at high doses. After considering the available toxicity data, however, EPA determined that there is no need for a developmental neurotoxicity study or additional UFs to account for neurotoxicity for the following reasons: a. Although clinical signs of neurotoxicity were seen in pregnant animals, no evidence of developmental anomalies of the fetal nervous system were observed in the prenatal developmental toxicity studies, in either rats or rabbits, at maternally toxic doses up to 300 or 400 mg/kg/day, respectively; b. There was no evidence of behavioral or neurological effects on the offspring in the 2-generation reproduction study in rats; and c. The ventricular dilation of the brain in the combined chronic toxicity and carcinogenicity study in rats was only observed in females at the high dose after two years' exposure. The significance of this observation is questionable, since no similar histopathological finding was seen in the subchronic neurotoxicity study. iii. There is no evidence that dicamba results in increased susceptibility in *in utero* rats or rabbits in the prenatal developmental toxicity studies. Although there is quantitative evidence of increased susceptibility in the 2-generation reproduction study in rats, the degree of concern is low, because there is a well established offspring toxicity NOAEL in the study and the risk assessment team did not identify any residual uncertainties after establishing toxicity endpoints and traditional UFs to be used in the risk assessment of dicamba for all routes and durations of exposure, except acute oral exposures. iv. EPA selected an endpoint from the acute neurotoxicity study in rats for use in assessing acute oral exposures. In this study, neurotoxicity was seen in both sexes at the lowest dose tested, 300 mg/kg/day. Since a NOAEL was not established in the study, EPA has determined that an FQPA safety factor of 3X should be used in acute oral risk assessments for dicamba to account for uncertainty arising from the use of the LOAEL instead of a NOAEL. EPA has reduced the factor from 10X to 3X based on the following considerations. A comparison of the acute neurotoxicity
(ACN)study with the rat developmental toxicity study that showed similar clinical signs and a NOAEL of 160 mg/kg/day after 10 days of treatment indicates that the NOAEL for the acute neurotoxicity study is unlikely to be more than 3- fold lower than the LOAEL (ACN LOAEL/3 = 100 mg/kg; rat developmental study NOAEL = 160 mg/kg). Therefore, it was determined that an uncertainty factor of 3X for extrapolation of LOAEL to NOAEL was adequate. v. There are no residual uncertainties identified in the exposure databases. The dietary food exposure assessments were performed based on 100%CT and tolerance-level residues. Conservative ground water and surface water modeling estimates were used. Similarly, conservative assumptions were used to assess post-application exposure of children as well as incidental oral exposure of toddlers. These assessments will not underestimate the exposure and risks posed by dicamba. E. Aggregate Risks and Determination of Safety Safety is assessed for acute and chronic risks by comparing aggregate exposure to the pesticide to the aPAD and cPAD. The aPAD and cPAD are calculated by dividing the LOC by all applicable UFs. For linear cancer risks, EPA calculates the probability of additional cancer cases given aggregate exposure. Short-term, intermediate-term, and long-term risks are evaluated by comparing aggregate exposure to the LOC to ensure that the MOE called for by the product of all applicable UFs is not exceeded. 1. *Acute risk* . Using the exposure assumptions discussed in this unit for acute exposure, the acute dietary exposure from food and water to dicamba will occupy 11% of the aPAD for infants less than 1 year old, the population with the greatest estimated exposure. Dicamba is currently registered for uses that could result in acute residential exposure of toddlers from episodic granule ingestion; however, the Agency has determined that it is not appropriate to aggregate acute dietary (food and water) and acute residential exposures for dicamba, since it is unlikely that high end dietary exposure would occur in the same day as high end oral residential exposure. High end oral residential exposure is aggregated with background dietary exposure in evaluating short-term risk (see Unit III.E.3.). 2. *Chronic risk* . Using the exposure assumptions described in this unit for chronic exposure, EPA has concluded that exposure to dicamba from food and water will utilize 6.7% of the cPAD for children, 1 to 2 years old, the population group with the greatest estimated exposure. Based the use pattern, chronic residential exposure to residues of dicamba is not expected. 3. *Short-term risk* . Short-term aggregate exposure takes into account residential exposure plus chronic exposure to food and water (considered to be a background exposure level). Dicamba is currently registered for uses that could result in short-term residential exposure and the Agency has determined that it is appropriate to aggregate chronic food and water and short-term exposures for dicamba. Using the exposure assumptions described in this unit for short-term exposures, EPA has concluded that food, water, and residential exposures aggregated result in aggregate MOEs of 1,600 for adults and 1,000 for children. The MOE for adults takes into consideration combined residential handler and postapplication exposures from doing yardwork on treated turf. The MOE for children includes combined postapplication dermal and incidental oral exposures of toddlers playing on treated turf. 4. *Intermediate-term risk* . Intermediate-term aggregate exposure takes into account residential exposure plus chronic exposure to food and water (considered to be a background exposure level). Dicamba is not registered for use on any sites that would result in intermediate-term residential exposure. Therefore, the aggregate risk is the sum of the risk from food and water, which do not exceed the Agency's level of concern. 5. *Aggregate cancer risk for U.S. population* . Dicamba has been classified as “not likely” to be a human carcinogen and is, therefore, not expected to pose a cancer risk. 6. *Determination of safety* . Based on these risk assessments, EPA concludes that there is a reasonable certainty that no harm will result to the general population, or to infants and children from aggregate exposure to dicamba residues. IV. Other Considerations A. Analytical Enforcement Methodology Adequate enforcement methodology is available to enforce the tolerance expression. Methods I and II (Gas Chromotography with Electron Capture Detection) in the Pesticide Analytical Manual
(PAM)Volume II, are adequate for the enforcement of tolerances for residues of dicamba and its metabolite 5-OH dicamba in/on plant commodities and milk. B. International Residue Limits There are no CODEX, Canadian or Mexican maximum residues limits
(MRLs)for residues of dicamba on sweet corn. V. Conclusion Therefore, tolerances are established for combined residues of dicamba, 3,6-dichloro-o-anisic acid, and its metabolite, 3,6-dichloro-5-hydroxy-o-anisic acid, in or on corn, sweet, forage at 0.50 ppm; corn, sweet, kernel plus cob with husks removed at 0.04 pm; and corn, sweet, stover at 0.50 ppm. VI. Statutory and Executive Order Reviews This final rule establishes tolerances under section 408(d) of FFDCA in response to a petition submitted to the Agency. The Office of Management and Budget
(OMB)has exempted these types of actions from review under Executive Order 12866, entitled *Regulatory Planning and Review* (58 FR 51735, October 4, 1993). Because this rule has been exempted from review under Executive Order 12866, this rule is not subject to Executive Order 13211, *Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use* (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled *Protection of Children from Environmental Health Risks and Safety Risks* (62 FR 19885, April 23, 1997). This final rule does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 *et seq* ., nor does it require any special considerations under Executive Order 12898, entitled *Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations* (59 FR 7629, February 16, 1994). Since tolerances and exemptions that are established on the basis of a petition under section 408(d) of FFDCA, such as the tolerance in this final rule, do not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act
(RFA)(5 U.S.C. 601 *et seq* .) do not apply. This final rule directly regulates growers, food processors, food handlers, and food retailers, not States or tribes, nor does this action alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of section 408(n)(4) of FFDCA. As such, the Agency has determined that this action will not have a substantial direct effect on States or tribal governments, on the relationship between the national government and the States or tribal governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian tribes. Thus, the Agency has determined that Executive Order 13132, entitled *Federalism* (64 FR 43255, August 10, 1999) and Executive Order 13175, entitled *Consultation and Coordination with Indian Tribal Governments* (65 FR 67249, November 6, 2000) do not apply to this rule. In addition, This rule does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act of 1995
(UMRA)(Public Law 104-4). This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 note). VII. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 *et seq* ., generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of this final rule in the **Federal Register** . This final rule is not a “major rule” as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements. Dated: March 24, 2008. Daniel C. Kenny, Acting Director, Registration Division, Office of Pesticide Programs. Therefore, 40 CFR chapter I is amended as follows: PART 180—[AMENDED] 1. The authority citation for part 180 continues to read as follows: Authority: 21 U.S.C. 321(q), 346a and 371. 2. Section 180.227 is amended by alphabetically adding the following commodities to the table in paragraph (a)(1) to read as follows: 180.227 Dicamba; tolerances for residues.
(a)*General* .
(1)* * * Commodity Parts per million * * * * * Corn, sweet, forage 0.50 Corn, sweet, kernel plus cob with husks removed 0.04 Corn, sweet, stover 0.50 * * * * * [FR Doc. E8-6674 Filed 4-1-08; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA-HQ-OPP-2007-0338; FRL-8356-7] Flonicamid; Pesticide Tolerance AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: This regulation establishes tolerances for combined residues of flonicamid and its metabolites TFNA, TFNA-AM, and TFNG in or on Brassica, leafy greens, subgroup 5B; hop, dried cones; okra; radish, tops; turnip, greens; vegetable, root, except sugar beet, subgroup 1B; and vegetable, tuberous and corm, subgroup 1C. It also increases established tolerances for combined residues of flonicamid and its metabolites TFNA and TFNA-AM in or on cattle, fat; cattle, meat; egg; goat, fat; goat, meat; horse, fat; horse, meat; milk; poultry, fat; poultry, meat; poultry, meat byproducts; sheep, fat; and sheep, meat. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). This regulation also removes existing tolerances for flonicamid and its metabolites on mustard greens and potatoes which are superseded by the new tolerances on “Brassica, leafy greens, subgroup 5B” and “vegetable, tuberous and corm, subgroup 1C,” respectively. DATES: This regulation is effective April 2, 2008. Objections and requests for hearings must be received on or before June 2, 2008, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION) . ADDRESSES: EPA has established a docket for this action under docket identification
(ID)number EPA-HQ-OPP-2007-0338. To access the electronic docket, go to *http://www.regulations.gov* , select “Advanced Search,” then “Docket Search.” Insert the docket ID number where indicated and select the “Submit” button. Follow the instructions on the regulations.gov website to view the docket index or access available documents. All documents in the docket are listed in the docket index available in regulations.gov. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available in the electronic docket at *http://www.regulations.gov* , or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is
(703)305-5805. FOR FURTHER INFORMATION CONTACT: Susan Stanton, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(703)305-5218; e-mail address: *stanton.susan@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to those engaged in the following activities: • Crop production (NAICS code 111), e.g., agricultural workers; greenhouse, nursery, and floriculture workers; farmers. • Animal production (NAICS code 112), e.g., cattle ranchers and farmers, dairy cattle farmers, livestock farmers. • Food manufacturing (NAICS code 311), e.g., agricultural workers; farmers; greenhouse, nursery, and floriculture workers; ranchers; pesticide applicators. • Pesticide manufacturing (NAICS code 32532), e.g., agricultural workers; commercial applicators; farmers; greenhouse, nursery, and floriculture workers; residential users. This listing is not intended to be exhaustive, but rather to provide a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT . B. How Can I Access Electronic Copies of this Document? In addition to accessing an electronic copy of this **Federal Register** document through the electronic docket at *http://www.regulations.gov* , you may access this **Federal Register** document electronically through the EPA Internet under the “ **Federal Register** ” listings at *http://www.epa.gov/fedrgstr* . You may also access a frequently updated electronic version of EPA's tolerance regulations at 40 CFR part 180 through the Government Printing Office's pilot e-CFR site at *http://www.gpoaccess.gov/ecfr* . C. Can I File an Objection or Hearing Request? Under section 408(g) of FFDCA, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number EPA-HQ-OPP-2007-0338 in the subject line on the first page of your submission. All requests must be in writing, and must be mailed or delivered to the Hearing Clerk as required by 40 CFR part 178 on or before June 2, 2008. In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing that does not contain any CBI for inclusion in the public docket that is described in ADDRESSES . Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit this copy, identified by docket ID number EPA-HQ-OPP-2007-0338, by one of the following methods: • *Federal eRulemaking Portal* : *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs
(OPP)Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. • *Delivery* : OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only accepted during the Docket's normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays). Special arrangements should be made for deliveries of boxed information. The Docket Facility telephone number is
(703)305-5805. II. Petition for Tolerance In the **Federal Register** of June 27, 2007 (72 FR 35237) (FRL-8133-4), EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21 U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP 6E7081) by Interregional Research Project Number 4 (IR-4), 500 College Road East, Suite 201 W, Princeton, NJ 08540-6635. The petition requested that 40 CFR 180.613 be amended by establishing tolerances for combined residues of the insecticide flonicamid, [ *N* -(cyanomethyl)-4-(trifluoromethyl)-3-pyridinecarboxamide] and its metabolites TFNA [4-trifluoromethylnicotinic acid], TFNA-AM [4-trifluoromethylnicotinamide] TFNG [ *N* -(4-trifluoromethylnicotinoyl)glycine], in or on vegetables, root, except sugar beet, subgroup 1B at 0.45 parts per million (ppm); radish, tops at 16 ppm; vegetables, tuberous and corm, subgroup 1C at 0.2 ppm; Brassica, leafy greens, subgroup 5B at 16 ppm; turnip, greens at 16 ppm; hop, dried cone at 7.0 ppm; and okra at 0.4 ppm. That notice referenced a summary of the petition prepared by ISK Biosciences Corporation, the registrant, which is available to the public in the docket, *http://www.regulations.gov* . There were no comments received in response to the notice of filing. Based upon review of the data supporting the petition, EPA has determined that the proposed tolerance on “vegetables, root, except sugar beet, subgroup 1B” should be increased to 0.60 ppm and that existing tolerances for several livestock commodities should be increased. The reasons for these changes are explained in Unit IV.C. III. Aggregate Risk Assessment and Determination of Safety Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a tolerance (the legal limit for a pesticide chemical residue in or on a food) only if EPA determines that the tolerance is “safe.” Section 408(b)(2)(A)(ii) of FFDCA defines “safe” to mean that “there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue, including all anticipated dietary exposures and all other exposures for which there is reliable information.” This includes exposure through drinking water and in residential settings, but does not include occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to give special consideration to exposure of infants and children to the pesticide chemical residue in establishing a tolerance and to “ensure that there is a reasonable certainty that no harm will result to infants and children from aggregate exposure to the pesticide chemical residue....” These provisions were added to FFDCA by the Food Quality Protection Act
(FQPA)of 1996. Consistent with FFDCA section 408(b)(2)(D), and the factors specified in FFDCA section 408(b)(2)(D), EPA has reviewed the available scientific data and other relevant information in support of this action. EPA has sufficient data to assess the hazards of and to make a determination on aggregate exposure for the petitioned-for tolerance for combined residues of flonicamid and its metabolites TFNA, TFNA-AM, and TFNG on Brassica, leafy greens, subgroup 5B at 16 parts per million (ppm); hop, dried cones at 7.0 ppm; okra at 0.40 ppm; radish, tops at 16 ppm; turnip, greens at 16 ppm; vegetable, root, except sugar beet, subgroup 1B at 0.60 ppm; and vegetable, tuberous and corm, subgroup 1C at 0.20 ppm; and for combined residues of flonicamid and its metabolites TFNA and TFNA-AM in or on cattle, fat at 0.03 ppm; cattle, meat at 0.08 ppm; egg at 0.04 ppm; goat, fat at 0.03 ppm; goat, meat at 0.08 ppm; horse, fat at 0.03 ppm; horse, meat at 0.08 ppm; milk at 0.03 ppm; poultry, fat at 0.03 ppm; poultry, meat at 0.03 ppm; poultry, meat byproducts at 0.03 ppm; sheep, fat at 0.03 ppm; and sheep, meat at 0.08 ppm. EPA's assessment of exposures and risks associated with establishing the tolerance follows. A. Toxicological Profile EPA has evaluated the available toxicity data and considered its validity, completeness, and reliability as well as the relationship of the results of the studies to human risk. EPA has also considered available information concerning the variability of the sensitivities of major identifiable subgroups of consumers, including infants and children. Flonicamid has low acute toxicity via the oral, dermal, and inhalation routes of exposure. Its metabolites TFNA, TFNA-AM, and TFNG also demonstrated low toxicity in acute oral toxicity studies. Flonicamid is non-irritating to the eye and skin and is not a dermal sensitizer. In the 28-day dermal study no dermal or systemic toxicity was seen at the limit dose for flonicamid technical. The oral studies in rats and dogs indicate the kidney and liver are the target organs for flonicamid toxicity. Kidney weight increases, kidney hyaline deposition and liver centrilobular hypertrophy effects were seen in the rat 28-day oral range-finding study, 90-day oral study, developmental toxicity study, and reproduction study. These effects were not observed in the rabbit developmental study. The 90-day dog study showed kidney tubular vacuolation, as well as increased adrenal weights, increased reticulocytes and decreased thymus weights. Increased reticulocyte was noted in both the subchronic and chronic dog studies. There is no evidence that flonicamid results in increased susceptibility (qualitative or quantitative) in *in utero* rats or rabbits in the prenatal developmental studies or in young rats in the 2-generation reproduction study. Developmental effects (increased incidence of cervical rib) were observed only in the rat at high doses, and the developmental and reproductive effects (decreased uterus weights and delayed sexual maturation) that were seen in these studies occurred only at doses that were also maternally toxic. Further, although neurotoxic signs (decreased motor activity, tremors, impaired respiration, and impaired gait) were noted in the acute and subchronic neurotoxicity studies, they occurred only at high doses and were not seen in other flonicamid toxicity studies. Mutagenicity studies were negative for the parent chemical, flonicamid, and its metabolites TFNA, TFNA-AM, TFNG, TFNG-AM, and TFNA-OH. Flonicamid was carcinogenic in CD-1 mice, based on increased incidences of lung tumors associated with Clara cell activation; the effects, however, were associated with species and strain sensitivity and thus not deemed highly relevant to human cancer risk. Nasal cavity tumors in male Wistar rats were linked to incisor inflammation; data were not sufficient to make a similar determination in female rats. Based on these findings and analysis of the cancer and mutagenicity studies, EPA classified flonicamid as having suggestive evidence of carcinogenicity but concluded that the carcinogenic potential of flonicamid is very low and has determined that quantification of human cancer risk is not appropriate. Specific information on the studies received and the nature of the adverse effects caused by flonicamid as well as the no observed adverse effect level (NOAEL) and the lowest observed adverse effect level (LOAEL) from the toxicity studies can be found at *http://www.regulations.gov* in the document Flonicamid: Human Health Risk Assessment for Proposed Uses on Root Vegetables (Except Sugar beet; Subgroup 1B), Tuberous and Corm Vegetables (Subgroup 1C), Leafy Brassica Green Vegetables (Subgroup 5B), Turnip Greens, Hops, and Okra. The referenced document is available in the docket established by this action, which is described under ADDRESSES , and is identified as docket ID number EPA-HQ-OPP-2007-0338-0003 in that docket. B. Toxicological Endpoints For hazards that have a threshold below which there is no appreciable risk, the toxicological level of concern
(LOC)is derived from the highest dose at which no adverse effects are observed (the NOAEL) in the toxicology study identified as appropriate for use in risk assessment. However, if a NOAEL cannot be determined, the lowest dose at which adverse effects of concern are identified (the LOAEL) is sometimes used for risk assessment. Uncertainty/safety factors
(UFs)are used in conjunction with the LOC to take into account uncertainties inherent in the extrapolation from laboratory animal data to humans and in the variations in sensitivity among members of the human population as well as other unknowns. Safety is assessed for acute and chronic risks by comparing aggregate exposure to the pesticide to the acute population adjusted dose
(aPAD)and chronic population adjusted dose (cPAD). The aPAD and cPAD are calculated by dividing the LOC by all applicable UFs. Short-, intermediate-, and long-term risks are evaluated by comparing aggregate exposure to the LOC to ensure that the margin of exposure
(MOE)called for by the product of all applicable UFs is not exceeded. For non-threshold risks, the Agency assumes that any amount of exposure will lead to some degree of risk and estimates risk in terms of the probability of occurrence of additional adverse cases. Generally, cancer risks are considered non-threshold. For more information on the general principles EPA uses in risk characterization and a complete description of the risk assessment process, see *http://www.epa.gov/pesticides/factsheets/riskassess.htm* . A summary of the toxicological endpoints for flonicamid used for human risk assessment can be found at *http://www.regulations.gov* in the document Flonicamid: Human Health Risk Assessment for Proposed Uses on Root Vegetables (Except Sugar beet; Subgroup 1B), Tuberous and Corm Vegetables (Subgroup 1C), Leafy Brassica Green Vegetables (Subgroup 5B), Turnip Greens, Hops, and Okra at pages 22-23. The referenced document is available in the docket established by this action, which is described under ADDRESSES , and is identified as docket ID number EPA-HQ-OPP-2007-0338-0003 in that docket. C. Exposure Assessment 1. *Dietary exposure from food and feed uses* . In evaluating dietary exposure to flonicamid, EPA considered exposure under the petitioned-for tolerances as well as all existing flonicamid tolerances in 40 CFR 180.613. EPA assessed dietary exposures from flonicamid in food as follows: i. *Acute exposure* . Quantitative acute dietary exposure and risk assessments are performed for a food-use pesticide, if a toxicological study has indicated the possibility of an effect of concern occurring as a result of a 1-day or single exposure. No such effects were identified in the toxicological studies for flonicamid; therefore, a quantitative acute dietary exposure assessment is unnecessary. ii. *Chronic exposure* . In conducting the chronic dietary exposure assessment EPA used the food consumption data from the USDA 1994-1996 and 1998 CSFII. As to residue levels in food, EPA assumed all foods for which there are tolerances were treated and contain tolerance-level residues. EPA did not rely on any anticipated residues or percent crop treated
(PCT)estimates in the chronic dietary exposure assessment. iii. *Cancer* . As noted in Unit III.A., EPA has concluded that flonicamid has low carcinogenic potential and that, accordingly, quantitative assessment of cancer risk is not appropriate. Therefore, a cancer exposure assessment was not conducted. 2. *Dietary exposure from drinking water* . The Agency lacks sufficient monitoring data to complete a comprehensive dietary exposure analysis and risk assessment for flonicamid in drinking water. Because the Agency does not have comprehensive monitoring data, drinking water concentration estimates are made by reliance on simulation or modeling taking into account data on the environmental fate characteristics of flonicamid. Further information regarding EPA drinking water models used in pesticide exposure assessment can be found at *http://www.epa.gov/oppefed1/models/water/index.htm* . The residues of concern in drinking water include flonicamid and its degradates TFNA, TFNG-AM, TFNG, TFNA-OH, and TFNA-AM. Based on the Pesticide Root Zone Model /Exposure Analysis Modeling System (PRZM/EXAMS) and Screening Concentration in Ground Water (SCI-GROW) models, the estimated environmental concentrations
(EECs)of flonicamid and its degradates for acute exposures are estimated to be 9.8 parts per billion
(ppb)for surface water and 0.00132 ppb for ground water. The EECs for chronic exposures are estimated to be 1.5 ppb for surface water and 0.00132 ppb for ground water. Modeled estimates of drinking water concentrations were directly entered into the dietary exposure model. As explained in Unit III.C.1.i., an acute dietary risk assessment was not conducted for flonicamid. For chronic dietary risk assessment, the water concentration value of 1.5 ppb was used to assess the contribution to drinking water. 3. *From non-dietary exposure* . The term “residential exposure” is used in this document to refer to non-occupational, non-dietary exposure (e.g., for lawn and garden pest control, indoor pest control, termiticides, and flea and tick control on pets). Flonicamid is currently registered for use on landscape ornamentals, which could include landscape ornamentals in residential areas. Since applications to landscape ornamentals are limited to professional pest control operators, residential handler exposures are not expected and were not assessed. There may be potential for post-application dermal exposure of adults or children entering areas previously treated with flonicamid; however, since a dermal endpoint of concern was not identified in the toxicity studies for flonicamid, a dermal assessment is unnecessary and was not conducted. Post-application inhalation exposures are expected to be negligible. 4. *Cumulative effects from substances with a common mechanism of toxicity* . Section 408(b)(2)(D)(v) of FFDCA requires that, when considering whether to establish, modify, or revoke a tolerance, the Agency consider “available information” concerning the cumulative effects of a particular pesticide's residues and “other substances that have a common mechanism of toxicity.” Unlike other pesticides for which EPA has followed a cumulative risk approach based on a common mechanism of toxicity, EPA has not made a common mechanism of toxicity finding as to flonicamid and any other substances and flonicamid does not appear to produce a toxic metabolite produced by other substances. For the purposes of this tolerance action, therefore, EPA has not assumed that flonicamid has a common mechanism of toxicity with other substances. For information regarding EPA's efforts to determine which chemicals have a common mechanism of toxicity and to evaluate the cumulative effects of such chemicals, see EPA's website at *http://www.epa.gov/pesticides/cumulative* . D. Safety Factor for Infants and Children 1. *In general* . Section 408 of FFDCA provides that EPA shall apply an additional tenfold
(10X)margin of safety for infants and children in the case of threshold effects to account for prenatal and postnatal toxicity and the completeness of the database on toxicity and exposure unless EPA determines based on reliable data that a different margin of safety will be safe for infants and children. This additional margin of safety is commonly referred to as the FQPA safety factor. In applying this provision, EPA either retains the default value of 10X when reliable data do not support the choice of a different factor, or, if reliable data are available, EPA uses a different additional FQPA safety factor value based on the use of traditional UFs and/or special FQPA safety factors, as appropriate. 2. *Prenatal and postnatal sensitivity* . The pre- and postnatal toxicity database for flonicamid includes prenatal developmental toxicity studies in rats and rabbits and a 2-generation reproduction toxicity study in rats. There is no evidence that flonicamid results in increased susceptibility (qualitative or quantitative) in *in utero* rats or rabbits in the prenatal developmental studies or in young rats in the 2-generation reproduction study. Developmental effects (increased incidence of cervical rib) were observed only in the rat at high doses, and the developmental and reproductive effects (decreased uterus weights and delayed sexual maturation) seen in these studies occurred only in the presence of maternal effects (including increased liver weights, liver and kidney pathological changes, increased relative kidney weight and increased blood serum LH levels in F1 females). 3. *Conclusion* . EPA has determined that reliable data show that it would be safe for infants and children to reduce the FQPA safety factor to 1X. That decision is based on the following findings: i. The toxicity database for flonicamid is complete. ii. Neurotoxic signs were seen in the acute and subchronic neurotoxicity studies, but only at the high doses and in the presence of other effects indicating general overt toxicity (mortality in the acute neurotoxicity study and decreases in body weight and body weight gain, along with reduced food consumption in the subchronic neurotoxicity study). Neurotoxic signs were not observed in other studies, and systemic toxicity was observed at considerably lower doses than those that produced neurotoxic effects in the acute and subchronic neurotoxicity studies. Further, there were no signs of neurotoxicity and no indications of increased susceptibility of *in utero* rats or rabbits or offspring in the developmental and reproduction studies for flonicamid. Based on these considerations, EPA has determined that there is no need for a developmental neurotoxicity study or additional UFs to account for neurotoxicity. iii. There is no evidence that flonicamid results in increased susceptibility in *in utero* rats or rabbits in the prenatal developmental studies or in young rats in the 2-generation reproduction study. iv. There are no residual uncertainties identified in the exposure databases. The dietary food exposure assessments were performed based on 100% crop treated and tolerance-level residues. Conservative ground and surface water modeling estimates were used. There may be potential for residential dermal exposure of children entering areas previously treated with flonicamid; however, since a dermal endpoint of concern was not identified in the toxicity studies for flonicamid, such exposures are not expected to pose a health risk to children. These assessments will not underestimate the exposure and risks posed by flonicamid. E. Aggregate Risks and Determination of Safety Safety is assessed for acute and chronic risks by comparing aggregate exposure to the pesticide to the aPAD and cPAD. The aPAD and cPAD are calculated by dividing the LOC by all applicable UFs. For linear cancer risks, EPA calculates the probability of additional cancer cases given aggregate exposure. Short-, intermediate-, and long-term risks are evaluated by comparing aggregate exposure to the LOC to ensure that the MOE called for by the product of all applicable UFs is not exceeded. 1. *Acute risk* . None of the toxicology studies available for flonicamid has indicated the possibility of an effect of concern occurring as a result of a 1-day or single exposure; therefore, flonicamid is not expected to pose an acute risk. 2. *Chronic risk* . Using the exposure assumptions described in this unit for chronic exposure, EPA has concluded that exposure to flonicamid from food and water will utilize 23 % of the cPAD for children 1 to 2 years old, the population group with the greatest estimated exposure. Based on the use pattern, chronic residential exposure to residues of flonicamid is not expected. 3. *Short-term risk* . Short-term aggregate exposure takes into account residential exposure plus chronic exposure to food and water (considered to be a background exposure level). Although short-term, post-application dermal exposures could occur from residential use of flonicamid on landscape ornamentals, no toxicological effects from dermal exposure have been identified for flonicamid. Therefore, the aggregate risk is the sum of the risk from food and water. 4. *Intermediate-term risk* . Intermediate-term aggregate exposure takes into account residential exposure plus chronic exposure to food and water (considered to be a background exposure level). Flonicamid is not registered for use on any sites that would result in intermediate-term residential exposure. Therefore, the aggregate risk is the sum of the risk from food and water, which do not exceed the Agency's level of concern. 5. *Aggregate cancer risk for U.S. population* . As discussed in Unit III.A., EPA regards the carcinogenic potential of flonicamid as very low and concludes that it poses no greater than a negligible cancer risk to humans. 6. *Determination of safety* . Based on these risk assessments, EPA concludes that there is a reasonable certainty that no harm will result to the general population, or to infants and children from aggregate exposure to flonicamid residues. IV. Other Considerations A. Analytical Enforcement Methodology Adequate enforcement methods (FMC No. P-3561M, a Liquid Chromatography/Mass Spectrometry/Mass Spectrometry (LC/MS/MS) method and FMC No. P-3822, a modification of FMC No. P-3561M) are available to enforce the tolerances for flonicamid and its metabolites, TFNA, TFNA-AG, and TFNG in plants. For enforcement of tolerances for livestock commodities, three methods are available: LC/MS/MS method (RCC No. 844743) for residues in eggs and livestock tissues; LC/MS method (RCC No. 842993) for residues in milk; and LC/MS/MS method (FMC P3580) which includes an acid hydrolysis step for residues in cattle muscle, kidney, and liver. The methods may be requested from: Chief, Analytical Chemistry Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD 20755-5350; telephone number:
(410)305-2905; e-mail address: *residuemethods@epa.gov* . B. International Residue Limits There are currently no established Codex, Canadian, or Mexican maximum residue levels
(MRLs)for flonicamid. C. Changes to Proposed Tolerances Based upon review of the data supporting the petition, EPA determined that the proposed tolerance on “vegetables, root, except sugar beet, subgroup 1B” should be increased from 0.45 ppm to 0.60 ppm. EPA revised the tolerance level based on analysis of the residue field trial data using the Agency's Tolerance Spreadsheet in accordance with the Agency's Guidance for Setting Pesticide Tolerances Based on Field Trial Data Standard Operating Procedure (SOP). EPA also determined that existing tolerances for residues of flonicamid, TFNA and TFNA-AM in or on cattle, fat; cattle, meat; egg; goat, fat; goat, meat; horse, fat; horse, meat; milk; poultry, fat; poultry, meat; poultry, meat byproducts; sheep, fat; and sheep, meat should be increased to the following levels: cattle, fat at 0.03 ppm; cattle, meat at 0.08 ppm; egg at 0.04 ppm; goat, fat at 0.03 ppm; goat, meat at 0.08 ppm; horse, fat at 0.03 ppm; horse, meat at 0.08 ppm; milk at 0.03 ppm; poultry, fat at 0.03 ppm; poultry, meat at 0.03 ppm; poultry, meat byproducts at 0.03 ppm; sheep, fat at 0.03 ppm; and sheep, meat at 0.08 ppm. EPA revised these levels based on recalculated livestock dietary burdens for poultry and ruminants, taking into account potential flonicamid residues under the proposed tolerances. V. Conclusion Therefore, tolerances are established for combined residues of flonicamid, [ *N* -(cyanomethyl)-4-(trifluoromethyl)-3-pyridinecarboxamide] and its metabolites TFNA [4-trifluoromethylnicotinic acid], TFNA-AM [4-trifluoromethylnicotinamide] TFNG [ *N* -(4-trifluoromethylnicotinoyl)glycine], in or on Brassica, leafy greens, subgroup 5B at 16 ppm; hop, dried cones at 7.0 ppm; okra at 0.40 ppm; radish, tops at 16 ppm; turnip, greens at 16 ppm; vegetable, root, except sugar beet, subgroup 1B at 0.60 ppm; and vegetable, tuberous and corm, subgroup 1C at 0.20 ppm. Revised tolerances are established for combined residues of flonicamid its metabolites TFNA and TFNA-AM in or on cattle, fat at 0.03 ppm; cattle, meat at 0.08 ppm; egg at 0.04 ppm; goat, fat at 0.03 ppm; goat, meat at 0.08 ppm; horse, fat at 0.03 ppm; horse, meat at 0.08 ppm; milk at 0.03 ppm; poultry, fat at 0.03 ppm; poultry, meat at 0.03 ppm; poultry, meat byproducts at 0.03 ppm; sheep, fat at 0.03 ppm; and sheep, meat at 0.08 ppm. Tolerances currently exist for combined residues of flonicamid and its metabolites TFNA, TFNA-AM, and TFNG in or on mustard greens at 11 ppm and potato at 0.20 ppm. These tolerances are no longer needed, since residues on these commodities will be covered by the new tolerances being established on “Brassica, leafy greens, subgroup 5B” at 16 ppm and “vegetable, tuberous and corm, subgroup 1C” at 0.20 ppm. Therefore, EPA is revoking these existing, redundant tolerances. VI. Statutory and Executive Order Reviews This final rule establishes a tolerance under section 408(d) of FFDCA in response to a petition submitted to the Agency. The Office of Management and Budget
(OMB)has exempted these types of actions from review under Executive Order 12866, entitled *Regulatory Planning and Review* (58 FR 51735, October 4, 1993). Because this final rule has been exempted from review under Executive Order 12866, this final rule is not subject to Executive Order 13211, *Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use* (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled *Protection of Children from Environmental Health Risks and Safety Risks* (62 FR 19885, April 23, 1997). This final rule does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 *et seq* ., nor does it require any special considerations under Executive Order 12898, entitled *Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations* (59 FR 7629, February 16, 1994). Since tolerances and exemptions that are established on the basis of a petition under section 408(d) of FFDCA, such as the tolerance in this final rule, do not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act
(RFA)(5 U.S.C. 601 *et seq* .) do not apply. This final rule directly regulates growers, food processors, food handlers, and food retailers, not States or tribes, nor does this action alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of section 408(n)(4) of FFDCA. As such, the Agency has determined that this action will not have a substantial direct effect on States or tribal governments, on the relationship between the national government and the States or tribal governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian tribes. Thus, the Agency has determined that Executive Order 13132, entitled *Federalism* (64 FR 43255, August 10, 1999) and Executive Order 13175, entitled *Consultation and Coordination with Indian Tribal Governments* (65 FR 67249, November 6, 2000) do not apply to this final rule. In addition, this final rule does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act of 1995
(UMRA)(Public Law 104-4). This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 note). VII. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 *et seq* ., generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of this rule in the **Federal Register** . This rule is not a “major rule” as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements. Dated: March 21, 2008. Lois Rossi, Director, Registration Division, Office of Pesticide Programs. Therefore, 40 CFR part 180 is amended as follows: PART 180—[AMENDED] 1. The authority citation for part 180 continues to read as follows: Authority: 21 U.S.C. 321(q), 346a and 371. 2. Section 180.613 is amended as follows: a. By removing the commodities “Mustard greens” and “Potato” from the table in paragraph (a)(1). b. By alphabetically adding commodities to the table in paragraph (a)(1). c. By revising the table in paragraph (a)(2). § 180.613 Flonicamid; tolerances for residues.
(a)*General* .
(1)* * * Commodity Parts per million * * * * * Brassica, leafy greens, subgroup 5B 16 * * * * * Hop, dried cones 7.0 Okra 0.40 * * * * * Radish, tops 16 * * * * * Turnip, greens 16 * * * * * Vegetable, root, except sugar beet, subgroup 1B 0.60 Vegetable, tuberous and corm, subgroup 1C 0.20
(2)* * * Commodity Parts per million Cattle, fat 0.03 Cattle, meat 0.08 Cattle, meat byproducts 0.08 Egg 0.04 Goat, fat 0.03 Goat, meat 0.08 Goat, meat byproducts 0.08 Horse, fat 0.03 Horse, meat 0.08 Horse, meat byproducts 0.08 Milk 0.03 Poultry, fat 0.03 Poultry, meat 0.03 Poultry, meat byproducts 0.03 Sheep, fat 0.03 Sheep, meat 0.08 Sheep, meat byproducts 0.08 [FR Doc. E8-6668 Filed 4-1-08; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 [EPA-R04-RCRA-2007-0992; FRL-8550-3] Alabama: Final Authorization of State Hazardous Waste Management Program Revision AGENCY: Environmental Protection Agency (EPA). ACTION: Immediate Final Rule. SUMMARY: Alabama has applied to EPA for Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA proposes to grant final authorization to Alabama. In the “Rules and Regulations” section of this **Federal Register** , EPA is authorizing the changes by an immediate final rule. EPA did not make a proposal prior to the immediate final rule because we believe this action is not controversial and do not expect comments that oppose it. We have explained the reasons for this authorization in the preamble of the immediate final rule. Unless we get written comments which oppose this authorization during the comment period, the immediate final rule will become effective on the date it establishes, and we will not take further action on this proposal. If we receive comments that oppose this action, we will withdraw the immediate final rule and it will not take effect. We will respond to public comments in a later final rule based on this proposal. You may not have another opportunity for comment. DATES: Final authorization will become effective on June 2, 2008 unless EPA receives adverse written comment on or before May 2, 2008. If EPA receives such comment, it will publish a timely withdrawal of this immediate final rule in the **Federal Register** and inform the public that this authorization will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-RCRA-2007-0992 by one of the following methods: • *http://http://www.regulations.gov:* Follow the on-line instructions for submitting comments. • *E-mail: johnson.otis@epa.gov.* • *Fax:*
(404)562-9964 (prior to faxing, please notify the EPA contact listed below) • *Mail:* Send written comments to Otis Johnson, Permits and State Programs Section, RCRA Programs and Materials Management Branch, RCRA Division, U.S. Environmental Protection Agency, The Sam Nunn Federal Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. • *Hand Delivery:* Otis Johnson, Permits and State Programs Section, RCRA Programs and Materials Management Branch, RCRA Division, U.S. Environmental Protection Agency, The Sam Nunn Federal Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments to Docket ID No. EPA-R04-RCRA-2007-0992. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *http://www.regulations.gov* including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *http://www.regulations.gov* or e-mail. The *http://www.regulations.gov* website is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *http://www.regulations.gov* your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. (For additional information about EPA's public docket, visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm* ). *Docket:* All documents in the docket are listed in the *http://www.regulations.gov* index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in *http://www.regulations.gov* or in hard copy. You may view and copy Alabama's application from 8 a.m. to 4:30 p.m. at the EPA Region 4, RCRA Division, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. You may also view and copy Alabama's application from 8 a.m. to 4:30 p.m. at The Alabama Department of Environmental Management, 1400 Coliseum Blvd, Montgomery, Alabama 36110-2059. FOR FURTHER INFORMATION CONTACT: Otis Johnson, Permits and State Programs Section, RCRA Programs and Materials Management Branch, RCRA Division, U.S. Environmental Protection Agency, The Sam Nunn Federal Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960;
(404)562-8481; *fax number:*
(404)562-9964; *e-mail address:johnson.otis@epa.gov* . SUPPLEMENTARY INFORMATION: A. Why Are Revisions to State Programs Necessary? States which have received final authorization from EPA under RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste program that is equivalent to, consistent with, and no less stringent than the Federal program. As the Federal program changes, States must change their programs and ask EPA to authorize the changes. Changes to State programs may be necessary when Federal or State statutory or regulatory authority is modified or when certain other changes occur. Most commonly, States must change their programs because of changes to EPA's regulations in 40 Code of Federal Regulations
(CFR)parts 124, 260 through 266, 268, 270, 273, and 279. B. What Decisions Have We Made in This Rule? We conclude that Alabama's application to revise its authorized program meets all of the statutory and regulatory requirements established by RCRA. Therefore, we grant Alabama Final authorization to operate its hazardous waste program with the changes described in the authorization application. Alabama has responsibility for permitting Treatment, Storage, and Disposal Facilities
(TSDF)within its borders and for carrying out the aspects of the RCRA program described in its revised program application, subject to the limitations of the Hazardous and Solid Waste Amendments of 1984 (HSWA). New Federal requirements and prohibitions imposed by Federal regulations that EPA promulgates under the authority of HSWA take effect in authorized States before they are authorized for the requirements. Thus, EPA will implement those requirements and prohibitions in Alabama, including issuing permits, until the State is granted authorization to do so. C. What Is the Effect of This Authorization Decision? The effect of this decision is that a facility in Alabama subject to RCRA will now have to comply with the authorized State requirements instead of the equivalent Federal requirements in order to comply with RCRA. Alabama has enforcement responsibilities under its State hazardous waste program for violations of such program, but EPA retains its authority under RCRA sections 3007, 3008, 3013, and 7003, which include, among others, authority to: • Do inspections, and require monitoring, tests, analyses or reports. • Enforce RCRA requirements and suspend or revoke permits. • Take enforcement actions regardless of whether the State has taken its own actions. This action does not impose additional requirements on the regulated community because the regulations for which Alabama is being authorized by today's action are already effective and are not changed by today's action. D. Why Wasn't There a Proposed Rule Before This Rule? EPA did not publish a proposal before today's rule because we view this as a routine program change and do not expect comments that oppose this approval. We are providing an opportunity for public comment now. In addition to this rule, in the proposed rules section of today's **Federal Register** we are publishing a separate document that proposes to authorize the State program changes. E. What Happens if EPA Receives Comments That Oppose This Action? If EPA receives comments that oppose this authorization, we will withdraw this rule by publishing a document in the **Federal Register** before the rule becomes effective. EPA will base any further decision on the authorization of the State program changes on the proposal mentioned in the previous paragraph. We will then address all public comments in a later final rule. You may not have another opportunity to comment. If you want to comment on this authorization, you must do so at this time. If we receive comments that oppose only the authorization of a particular change to the State hazardous waste program, we will withdraw that part of this rule but the authorization of the program changes that the comments do not oppose will become effective on the date specified above. The **Federal Register** withdrawal document will specify which part of the authorization will become effective and which part is being withdrawn. F. What Has Alabama Previously Been Authorized for? Alabama initially received Final authorization on December 8, 1987, effective December 22, 1987 (52 FR 46466), to implement the RCRA hazardous waste management program. We granted authorization for changes to their program on November 29, 1991, effective January 28, 1992 (56 FR 60926), May 13, 1992, effective July 12, 1992 (57 FR 20422), October 21, 1992, effective December 21, 1992 (57 FR 47996), March 17, 1993, effective May 17, 1993 (58 FR 20422), September 24, 1993, effective November 23, 1993 (58 FR 49932), February 1, 1994, effective April 4, 1994 (59 FR 4594), November 14, 1994, effective January 13, 1995 (59 FR 56407), August 14, 1995, effective October 13, 1995 (60 FR 41818), February 14, 1996, effective April 15, 1996 (61 FR 5718), April 25, 1996, effective June 24, 1996 (61 FR 5718), November 21, 1997, effective February 10, 1998 (62 FR 62262), December 20, 2000, effective February 20, 2001 (65 FR 79769), March 15, 2005, effective May 16, 2005 (FR 70 12593), June 2, 2005, effective August 1, 2005 (70 FR 32247), and September 13, 2006, effective November 13, 2006 (71 FR 53989). G. What Changes Are We Authorizing With This Action? On July 20, 2007, Alabama submitted a final complete program revision application, seeking authorization of their changes in accordance with 40 CFR 271.21. Alabama's revision consists of provisions promulgated July 1, 2004, through June 30, 2005, otherwise known as RCRA Cluster XV. The Alabama Department of Environmental Management adopted the rules for RCRA Cluster XV effective April 4, 2006. We can now make an immediate final decision, subject to receipt of written comments that oppose this action, that Alabama's hazardous waste program revision satisfies all of the requirements necessary to qualify for Final authorization. Therefore, we grant Alabama Final authorization for the following program changes: Description of federal requirement Federal Register Analogous state authority Checklist 205, Hazardous Waste Management System; National Emission Standards for Hazardous Air Pollutants: Surface Coating of Automobiles and Light-Duty Trucks April 26, 2004 69 FR 22602-22661 335-14-5-.28(1), 335-14-6-.28(1). Checklist 206, Hazardous Waste—Non-wastewaters from Production of Dyes, Pigments, and Food, Drug and Cosmetic Colorants; Mass Loadings-Based Listing February 24, 2005 70 FR 9138-9180 335-14-2-.01(4)(b)15, 335-14-2-.04(3), 335-14-2 Appendix VII, VIII, 335-14-9-.03(1), 335-14-9-.04(1). The Alabama Department of Environmental Management's Administrative Code, Division 335-14 Hazardous Waste Program Regulations were effective March 31, 2005. H. Where Are the Revised Rules? There are no State requirements in this program revision considered to be more stringent or broader in scope than the Federal requirements. I. Who Handles Permits After the Authorization Takes Effect? Alabama will issue permits for all the provisions for which it is authorized and will administer the permits it issues. EPA will continue to administer any RCRA hazardous waste permits or portions of permits which we issued prior to the effective date of this authorization until they expire or are terminated. We will not issue any more new permits or new portions of permits for the provisions listed in the Table above after the effective date of this authorization. EPA will continue to implement and issue permits for HSWA requirements for which Alabama is not yet authorized. J. What Is Codification and Is EPA Codifying Alabama's Hazardous Waste Program as Authorized in This Rule? Codification is the process of placing the State's statutes and regulations that comprise the State's authorized hazardous waste program into the Code of Federal Regulations. We do this by referencing the authorized State rules in 40 CFR part 272. We reserve the amendment of 40 CFR part 272, subpart B, for this authorization of Alabama's program changes until a later date. K. Administrative Requirements The Office of Management and Budget
(OMB)has exempted this action from the requirements of Executive Order 12866 (58 FR 51735, October 4, 1993), and therefore this action is not subject to review by OMB. This action authorizes State requirements for the purpose of RCRA 3006 and imposes no additional requirements beyond those imposed by State law. Accordingly, I certify that this action will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ). Because this action authorizes pre-existing requirements under State law and does not impose any additional enforceable duty beyond that required by State law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). For the same reason, this action also does not significantly or uniquely affect the communities of Tribal governments, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action will not have substantial direct effects on the States, on the relationship between the national government and the State, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999), because it merely authorizes State requirements as part of the State RCRA hazardous waste program without altering the relationship or the distribution of power and responsibilities established by RCRA. This action also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not economically significant and it does not make decisions based on environmental health or safety risks. This rule is not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001), because it is not a significant regulatory action under Executive Order 12866. Under RCRA 3006(b), EPA grants a State's application for authorization as long as the State meets the criteria required by RCRA. It would thus be inconsistent with applicable law for EPA, when it reviews a State authorization application, to require the use of any particular voluntary consensus standard in place of another standard that otherwise satisfies the requirements of RCRA. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the takings implications of of the rule in accordance with the “Attorney General's Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings” issued under the executive order. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). The Congressional Review Act, 5 U.S.C. 801 *et seq.* , as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this document and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication in the **Federal Register** . A major rule cannot take effect until 60 days after it is published in the **Federal Register** . This action is not a “major rule” as defined by 5 U.S.C. 804(2). This action will be effective June 2, 2008. List of Subjects in 40 CFR Part 271 Environmental protection, Administrative practice and procedure, Confidential business information, Hazardous waste, Hazardous waste transportation, Indians—lands, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements. Authority: This action is issued under the authority of Sections 2002(a), 3006, and 7004(b), of the Solid Waste Disposal Act, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b). Dated: January 22, 2008. J. I. Palmer, Jr., Regional Administrator, Region 4. [FR Doc. E8-6813 Filed 4-1-08; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket No. FEMA-8017] Suspension of Community Eligibility AGENCY: Federal Emergency Management Agency, DHS. ACTION: Final rule. SUMMARY: This rule identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP), that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency
(FEMA)receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the **Federal Register** on a subsequent date. DATES: Effective Dates: The effective date of each community's scheduled suspension is the third date (“Susp.”) listed in the third column of the following tables. ADDRESSES: If you want to determine whether a particular community was suspended on the suspension date, contact the appropriate FEMA Regional Office. FOR FURTHER INFORMATION CONTACT: David Stearrett, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202)646-2953. SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase flood insurance which is generally not otherwise available. In return, communities agree to adopt and administer local floodplain management aimed at protecting lives and new construction from future flooding. Section 1315 of the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits flood insurance coverage as authorized under the NFIP, 42 U.S.C. 4001 *et seq.* ; unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed in this document no longer meet that statutory requirement for compliance with program regulations, 44 CFR part 59. Accordingly, the communities will be suspended on the effective date in the third column. As of that date, flood insurance will no longer be available in the community. However, some of these communities may adopt and submit the required documentation of legally enforceable floodplain management measures after this rule is published but prior to the actual suspension date. These communities will not be suspended and will continue their eligibility for the sale of insurance. A notice withdrawing the suspension of the communities will be published in the **Federal Register** . In addition, FEMA has identified the Special Flood Hazard Areas (SFHAs) in these communities by publishing a Flood Insurance Rate Map (FIRM). The date of the FIRM, if one has been published, is indicated in the fourth column of the table. No direct Federal financial assistance (except assistance pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act not in connection with a flood) may legally be provided for construction or acquisition of buildings in identified SFHAs for communities not participating in the NFIP and identified for more than a year, on FEMA's initial flood insurance map of the community as having flood-prone areas (section 202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against certain types of Federal assistance becomes effective for the communities listed on the date shown in the last column. The Administrator finds that notice and public comment under 5 U.S.C. 553(b) are impracticable and unnecessary because communities listed in this final rule have been adequately notified. Each community receives 6-month, 90-day, and 30-day notification letters addressed to the Chief Executive Officer stating that the community will be suspended unless the required floodplain management measures are met prior to the effective suspension date. Since these notifications were made, this final rule may take effect within less than 30 days. *National Environmental Policy Act.* This rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Considerations. No environmental impact assessment has been prepared. *Regulatory Flexibility Act.* The Administrator has determined that this rule is exempt from the requirements of the Regulatory Flexibility Act because the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits flood insurance coverage unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed no longer comply with the statutory requirements, and after the effective date, flood insurance will no longer be available in the communities unless remedial action takes place. *Regulatory Classification.* This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. *Executive Order 13132, Federalism.* This rule involves no policies that have federalism implications under Executive Order 13132. *Executive Order 12988, Civil Justice Reform.* This rule meets the applicable standards of Executive Order 12988. *Paperwork Reduction Act.* This rule does not involve any collection of information for purposes of the Paperwork Reduction Act, 44 U.S.C. 3501 *et seq.* List of Subjects in 44 CFR Part 64 Flood insurance, Floodplains. Accordingly, 44 CFR part 64 is amended as follows: PART 64—[AMENDED] 1. The authority citation for part 64 continues to read as follows: Authority: 42 U.S.C. 4001 *et seq.* ; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp.; p. 376. § 64.6 [Amended] 2. The tables published under the authority of § 64.6 are amended as follows: State and location Community No. Effective date authorization/cancellation of sale of flood insurance in community Current effective map date Date certain federal assistance no longer available in SFHAs Region III Virginia: Bland County, Unincorporated Areas 510017 July 29, 1975, Emerg; January 5, 1989, Reg; April 02, 2008, Susp Apr. 2, 2008 Apr. 2, 2008. Region IV Kentucky: Breathitt County, Unincorporated Areas 210023 April 20, 1977, Emerg; September 27, 1985, Reg; April 02, 2008, Susp ......do* Do. Jackson, City of, Breathitt County 210024 July 21, 1975, Emerg; September 27, 1985, Reg; April 02, 2008, Susp ......do Do. Region V Wisconsin: Bangor, Village of, La Crosse County 550218 January 20, 1975, Emerg; January 2, 1981, Reg; April 02, 2008, Susp ......do Do. Cambria, Village of, Columbia County 550057 June 11, 1975, Emerg; September 18, 1985, Reg; April 02, 2008, Susp ......do Do. Columbia County, Unincorporated Areas 550581 July 31, 1975, Emerg; April 15, 1980, Reg; April 02, 2008, Susp ......do Do. Columbus, City of, Columbia County 550058 October 7, 1974, Emerg; December 1, 1981, Reg; April 02, 2008, Susp ......do Do. Doylestown, Village of, Columbia County 550059 April 30, 1976, Emerg; September 18, 1985, Reg; April 02, 2008, Susp ......do Do. Fall River, Village of, Columbia County 550060 April 17, 1975, Emerg; September 4, 1985, Reg; April 02, 2008, Susp ......do Do. Holmen, Village of, La Crosse County 550219 June 27, 1975, Emerg; April 20, 1979, Reg; April 02, 2008, Susp ......do Do. La Crosse, City of, La Crosse County 555562 December 4, 1970, Emerg; January 15, 1971, Reg; April 02, 2008, Susp ......do Do. La Crosse County, Unincorporated Areas 550217 March 26, 1971, Emerg; March 15, 1984, Reg; April 02, 2008, Susp ......do Do. Lodi, City of, Columbia County 550061 June 13, 1974, Emerg; November 15, 1984, Reg; April 02, 2008, Susp ......do Do. Onalaska, City of, La Crosse County 550221 July 3, 1975, Emerg; September 16, 1981, Reg; April 02, 2008, Susp ......do Do. Pardeeville, Village of, Columbia County 550062 August 19, 1976, Emerg; August 15, 1983, Reg; April 02, 2008, Susp ......do Do. Portage, City of, Columbia County 550063 June 11, 1974, Emerg; August 15, 1983, Reg; April 02, 2008, Susp ......do Do. Poynette, Village of, Columbia County 550064 July 29, 1975, Emerg; September 18, 1985, Reg; April 02, 2008, Susp ......do Do. West Salem, Village of, La Crosse County 550560 April 17, 1986, Emerg; April 17, 1986, Reg; April 02, 2008, Susp ......do Do. Wisconsin Dells, City of, Columbia County 550065 July 17, 1975, Emerg; December 18, 1984, Reg; April 02, 2008, Susp ......do Do. Wyocena, Village of, Columbia County 550066 May 22, 1975, Emerg; January 18, 1984, Reg; April 02, 2008, Susp ......do Do. Region VI Oklahoma: Avant, Town of, Osage County 400147 July 7, 1975, Emerg; July 16, 1980, Reg; April 02, 2008, Susp ......do Do. Barnsdall, City of, Osage County 400148 July 3, 1975, Emerg; July 16, 1980, Reg; April 02, 2008, Susp ......do Do. Bartlesville, City of, Osage County 400220 October 18, 1973, Emerg; July 16, 1980, Reg; April 02, 2008, Susp ......do Do. Hominy, City of, Osage County 400151 April 16, 1976, Emerg; November 19, 1980, Reg; April 02, 2008, Susp ......do Do. Pawhuska, City of, Osage County 400152 May 6, 1975, Emerg; July 16, 1980, Reg; April 02, 2008, Susp ......do Do. Ponca City, City of, Osage County 400080 March 6, 1974, Emerg; July 2, 1980, Reg; April 02, 2008, Susp ......do Do. Sand Springs, City of, Osage County 400211 August 5, 1974, Emerg; June 15, 1981, Reg; April 02, 2008, Susp ......do Do. Shidler, City of, Osage County 400410 April 11, 1977, Emerg; July 3, 1985, Reg; April 02, 2008, Susp ......do Do. Tulsa, City of, Osage County 405381 November 20, 1970, Emerg; August 13, 1971, Reg; April 02, 2008, Susp ......do Do. Texas: El Cenizo, City of, Webb County 480070 ______ , Emerg; June 21, 2007, Reg; April 02, 2008, Susp ......do Do. Laredo, City of, Webb County 480651 August 7, 1975, Emerg; May 17, 1982, Reg; April 02, 2008, Susp ......do Do. Rio Bravo, City of, Webb County 481684 ______ , Emerg; September 15, 1998, Reg; April 02, 2008, Susp ......do Do. Webb County, Unincorporated Areas 481059 ______ , Emerg; September 8, 1998, Reg; April 02, 2008, Susp ......do Do. Region VII Nebraska: Curtis, City of, Frontier County 310086 September 11, 2006, Emerg;______, Reg; April 02, 2008, Susp ......do Do. Eustis, Village of, Frontier County 310276 October 24, 1988, Emerg; March 1, 1990, Reg; April 02, 2008, Susp ......do Do. Maywood, Village of, Frontier County 310085 January 4, 2005, Emerg;______, Reg; April 02, 2008, Susp ......do Do. Region VIII South Dakota: Canton, City of, Lincoln County 460047 May 1, 1975, Emerg; September 4, 1985, Reg; April 02, 2008, Susp ......do Do. Harrisburg, Town of, Lincoln County 460114 May 7, 1997, Emerg; June 8, 1998, Reg; April 02, 2008, Susp ......do Do. Hudson, Town of, Lincoln County 460049 September 3, 1975, Emerg; December 18, 1985, Reg; April 02, 2008, Susp ......do Do. Lennox, City of, Lincoln County 460192 February 20, 1997, Emerg; June 8, 1998, Reg; April 02, 2008, Susp ......do Do. Lincoln County, Unincorporated Areas 460277 September 27, 1985, Emerg; October 1, 1986, Reg; April 02, 2008, Susp ......do Do. Tea, City of, Lincoln County 460143 March 7, 1997, Emerg; April 25, 1997, Reg; April 02, 2008, Susp ......do Do. *do = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. Dated: March 7, 2008. David I. Maurstad, Assistant Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E8-6777 Filed 4-1-08; 8:45 am] BILLING CODE 9110-12-P 73 64 Wednesday, April 2, 2008 Proposed Rules DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Parts 301 and 319 [Docket No. APHIS-2006-0189] RIN 0579-AC67 Movement of Hass Avocados From Areas Where Mexican Fruit Fly or Sapote Fruit Fly Exist AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Proposed rule. SUMMARY: We are proposing to relieve certain restrictions regarding the movement of Hass variety avocados. Specifically, we are proposing to amend our domestic quarantined regulations to provide for the interstate movement of Hass avocados from Mexican fruit fly and sapote fruit fly quarantined areas in the United States with a certificate if the fruit is safeguarded after harvest in accordance with specific measures. We are also proposing to amend our foreign quarantined regulations to remove trapping and bait spray treatment requirements related to *Anastrepha* spp. fruit flies for imported Hass avocados from Michoacan, Mexico. These actions are warranted in light of research demonstrating the limited host status of Hass avocados to various species of fruit flies in the genus *Anastrepha,* including Mexican fruit fly and sapote fruit fly. By amending our domestic and foreign quarantined regulations, we would make our domestic and foreign requirements for movement of Hass avocados consistent with each other and would relieve restrictions for Mexican Hass avocado producers. In addition, this action would provide an alternative means for Hass avocados to be moved interstate if the avocados originate from a Mexican fruit fly or sapote fruit fly quarantined area in the United States. DATES: We will consider all comments that we receive on or before June 2, 2008. ADDRESSES: You may submit comments by either of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2006-0189* to submit or view comments and to view supporting and related materials available electronically. • *Postal Mail/Commercial Delivery:* Please send two copies of your comment to Docket No. APHIS-2006-0189, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that your comment refers to Docket No. APHIS-2006-0189. *Reading Room:* You may read any comments that we receive on this docket in our reading room. The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue, SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call
(202)690-2817 before coming. *Other Information:* Additional information about APHIS and its programs is available on the Internet at *http://www.aphis.usda.gov.* FOR FURTHER INFORMATION CONTACT: Regarding the interstate movement of Hass avocados from Mexican fruit fly and sapote fruit fly quarantined areas, contact Mr. Wayne D. Burnett, Domestic Coordinator, Fruit Fly Exclusion and Detection, PPQ, APHIS, 4700 River Road Unit 137, Riverdale, MD 20737-1231;
(301)734-6553. Regarding import conditions for Hass avocados from Mexico, contact Mr. David B. Lamb, Import Specialist, Commodity Import Analysis and Operations, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1231;
(301)734-4312. SUPPLEMENTARY INFORMATION: Background The domestic Mexican fruit fly regulations, contained in 7 CFR 301.64 through 301.64-10, and the domestic sapote fruit fly regulations, contained in 7 CFR 301.99 through 301.99-10 (referred to below as the regulations), were established to prevent the spread of the Mexican fruit fly ( *Anastrepha ludens* ) and the sapote fruit fly ( *Anastrepha serpentina* ), respectively, into noninfested areas of the United States. The regulations designate soil and many fruits, nuts, vegetables, and berries as regulated articles and impose restrictions on the interstate movement of those regulated articles from regulated areas. Avocado, *Persea americana* (including the variety Hass), is listed as a regulated article in the regulations in §§ 301.64-2 and 301.99-2. Because avocados are listed as regulated articles, they may not be moved interstate from a quarantined area unless the movement is authorized by a certificate or a limited permit. In general, avocados may be eligible for a certificate if a bait spray is applied to the production site beginning prior to harvest and continuing through the end of harvest or if a post-harvest irradiation treatment is applied to the fruit. To be eligible for a limited permit, a regulated article must be moved to a specific destination for specialized handling, utilization or processing, or for treatment and meet all other applicable provisions of the regulations. Under the regulations in “Subpart—Fruits and Vegetables” (7 CFR 319.56 through 319.56-47), the Animal and Plant Health Inspection Service (APHIS) prohibits or restricts the importation of fruits and vegetables into the United States from certain parts of the world to prevent plant pests from being introduced into and spread within the United States. The requirements for importing Hass variety avocados into the United States from Michoacan, Mexico are described in § 319.56-30. Those requirements include pest surveys and pest risk-reducing practices, treatment, packinghouse procedures, inspection, and shipping procedures. In a final rule published on November 30, 2004, in the **Federal Register** (69 FR 69749-69722, Docket No. 03-022-5) and made effective on January 31, 2005, we amended the regulations governing the importation of fruits and vegetables to expand the number of States in which fresh Hass avocado fruit grown in approved orchards in approved municipalities in Michoacan, Mexico, may be distributed. Some commenters to the proposed rule stated that the research 1 used by APHIS in its risk assessment 2 supported removing *Anastrepha ludens* and *Anastrepha striata* from the list of pests of Hass avocados grown in Mexico that follow the pathway. We stated that while Hass avocados are a “very poor host” of Mexican fruit fly, we planned to work with Mexico, the Agricultural Research Service, and independent researchers in the scientific community to further evaluate the host status issue of Hass avocado and *Anastrepha* spp. fruit flies and determine which species should be removed from the pest list. 1 Aluja, M., F. Diaz-Fleischer, and J. Arrendondo, * Nonhost Status of Commercial Persea americana ‘Hass’ to Anastrepha ludens, Anastrepha obliqua, Anastrepha serpentina and Anastrepha striata (Diptera: Tephritidae) in Mexico, * Journal of Economic Entomology, Volume 97, Issue 2 (April 2004). 2 USDA, 2004. Importation of Avocado Fruit ( *Persea americana* Mill. var. Hass) from Mexico. A Risk Assessment. November 2004, USDA, APHIS, PPQ, CPHST, MD. In August 2006, the California Avocado Commission submitted a request that we relieve restrictions on the movement of avocados under our domestic Mexican fruit fly and sapote fruit fly regulations. In July 2006, the Government of Mexico also requested that APHIS amend the regulations for the movement of Hass avocados from Michoacan, Mexico into the United States. Both requests asked APHIS to consider the Aluja *et al.*
(2004)study regarding the limited host status of Hass avocados to various species of fruit flies in the genus *Anastrepha,* including Mexican fruit fly and sapote fruit fly. In response to the request from the Government of Mexico, we prepared a risk management document, titled “Removal of *Anastrepha* Fruit Fly Trapping Requirements from Mexican ‘Hass’ Avocados for Importation into the United States,” which evaluated the risk for the introduction of *Anastrepha* spp. from Mexican Hass avocados. The conclusions of the risk management document supported the Aluja *et al.* study, which demonstrated that Hass avocados are not a natural host (i.e., a host under field conditions) of *Anastrepha* spp., and are only marginally susceptible to attack by Mexican fruit fly 24 hours after being removed from the tree. Copies of the risk management document may be obtained from the person listed under FOR FURTHER INFORMATION CONTACT or viewed on the Regulations.gov Web site (see ADDRESSES above for instructions for accessing Regulations.gov). Based on the findings of the Aluja *et al.* research and the risk management document, we are proposing to amend the import regulations to remove trapping requirements for *Anastrepha* spp. fruit flies for Hass avocados imported from Mexico. The findings of the risk management document also support providing alternatives to treatment for domestic Hass avocado producers. Therefore, we are also proposing to provide for the interstate movement of Hass avocados from Mexican fruit fly and sapote fruit fly domestic quarantined areas under certificate if the fruit is safeguarded after harvest in accordance with specific phytosanitary measures. Those measures would be similar to those that currently apply to fruit harvested under the Mexican avocado import program, which has been in place since 1997 and has a proven record of efficacy. The proposed measures do not include all of the provisions from the Mexican avocado import program (e.g., removal of dead branches, cleaning of avocado fruit, etc.) because some of those measures address risks posed by pests that are not of concern in the United States (e.g., seed and stem weevils). These proposed changes are discussed in more detail in the following paragraphs. Orchard Sanitation and Safeguarding Requirements In our domestic Mexican fruit fly and sapote fruit fly regulations, we would add a new section (§§ 301.64-11(a) and 301.99-11(a), respectively) in which we would set forth orchard sanitation measures that would be required for Hass avocados from any Mexican fruit fly or sapote fruit fly quarantined area before a certificate for the interstate movement of Hass avocados could be issued. These provisions would require that fallen fruit not be included in field boxes of fruit to be packed for shipping. Fallen avocado fruit can be overripe or damaged, and such fruit is more likely to be infested by pests. We would also require that harvested avocados be moved from the orchard to the packinghouse within 3 hours of harvest; if more than 3 hours pass between the time the avocados are harvested and the time they are moved to the packinghouse, the avocados would have to be protected from fruit fly infestation while awaiting transport. When the avocados are moved from the orchard to the packinghouse, they would have to be protected from fruit fly infestations and be accompanied by a field record indicating the location of the orchard where the avocados originated. Packinghouse Requirements In proposed §§ 301.64-11(b) and 301.99-11(b), we would set forth packinghouse requirements for Hass avocados packed at packinghouses inside areas quarantined for Mexican fruit fly and sapote fruit fly, respectively. All windows and other openings in the packinghouse would have to be covered by screening with openings of not more than 1.6 mm to prevent the entry of insects. Also, packinghouses would have to have double-door systems at the entrances to the facility, as well as at the entrance to the packing area for avocados intended for interstate movement. The identity of the avocados would have to be maintained from the field boxes or containers to the shipping boxes. The fruit would have to be packed in field boxes or containers with the grower and packinghouse clearly identified on those boxes. Maintaining the identity of the avocados from the field boxes or containers to the shipping boxes would ensure that any infested fruit could be traced back to the orchard where it was grown. After being loaded into the boxes, the avocados would have to be placed into a refrigerated truck or refrigerated container for transit through the quarantined area. Prior to leaving the packinghouse, the truck or container would have to be secured with a seal that would be broken when the truck or container is opened. Once sealed, the refrigerated truck or refrigerated container would have to remain unopened until it is outside the quarantined area. Any avocados that had not been loaded into a refrigerated truck or refrigerated container by the end of the workday would have to be kept inside the screened packinghouse. Importation of Hass Avocados From Mexico As stated previously in this document, the Government of Mexico requested that APHIS relieve restrictions on the movement of Hass avocados from Mexico into the United States after considering research on the nonhost status of Hass avocados to *Anastrepha* spp. In light of this evidence, we believe that trapping requirements for *Anastrepha* spp. fruit flies are no longer warranted. Therefore, we are proposing to amend § 319.56-30 by removing paragraph (c)(2)(ii), which contains trapping and bait spray requirements for *Anastrepha* spp. fruit flies. We would continue to require Mexican Hass avocados to undergo the post-harvest safeguarding and other requirements in § 319.56-30 to be eligible for importation into the United States. Executive Order 12866 and Regulatory Flexibility Act This proposed rule has been reviewed under Executive Order 12866. The rule has been determined to be not significant for the purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget. We are proposing to relieve certain restrictions regarding the interstate movement of Hass variety avocados from domestic quarantined areas and provide for an alternate means to obtain a certificate for interstate transport. Specifically, we are proposing to provide for the interstate movement of Hass avocados from Mexican fruit fly and sapote fruit fly domestic quarantined areas under certificate if the fruit is safeguarded after harvest in accordance with certain phytosanitary measures. We are also proposing to remove trapping and bait spray treatment requirements related to *Anastrepha* spp. fruit flies for imported Hass avocados from Mexico. This action is warranted in light of research demonstrating the limited host status of Hass avocados to various species of fruit flies in the genus *Anastrepha* , including Mexican fruit fly and sapote fruit fly. This action would make our domestic and foreign requirements for movement of Hass avocados consistent and would relieve restrictions for Mexican Hass avocado producers. In addition, this action would provide an alternative means for Hass avocados to be moved interstate if the avocados originate from a Mexican fruit fly or sapote fruit fly domestic quarantined area in the United States. Effects on Small Entities In 2006, the United States produced more than 282,000 tons of avocados worth approximately $361 million. California was responsible for producing more than 95 percent of all avocados in the United States. According to the California Avocado Commission, of the nearly 500 varieties of avocado, 7 varieties are grown commercially in California and the Hass variety accounts for approximately 95 percent of the total crop production. Avocado production in Mexico was estimated at more than 1 million tons in 2006. Hass avocado exports to the United States from Mexico in 2006 were estimated to be greater than 130,000 tons. 3 3 USDA-FAS. “Mexico Avocado Annual 2005.” Gain Report Number MX5107. Table 1.—U.S. Avocado Production, 2006 State Bearing acres Tons Production value ($1,000) California 62,000 270,000 $ 345,600 Florida 5,300 12,000 15,360 Hawaii 300 400 512 U.S. Total 67,600 282,400 361,472 Source: USDA—National Agricultural Statistics Service (NASS), Noncitrus Fruits and Nuts 2006. According to the California Avocado Commission, California avocado producers averaged approximately 9,700 pounds of avocados per bearing acre, worth approximately $0.57 per pound in 2006, and yielding a gross return per bearing acre of approximately $5,500. The cash costs of avocado production depend upon the age of the orchard and the yield per acre. 4 A study that investigated the production costs and profitability of avocado production in California's Ventura and Santa Barbara Counties found that cash costs are equivalent to approximately 42 percent of gross revenue. 5 In table 2, we use this percentage to evaluate the savings to producers that may be realized because of the proposed changes. Holding all else constant, cash costs of production in 2006 were approximately $2,300 per acre, and net returns over cash costs were approximately $3,200 per acre. 4 Cash costs include herbicide/pesticide/rodenticide, treatment, fertilizer, water, labor, fuel, etc. and exclude such overhead items as land rent, equipment, buildings, tools, irrigation systems, sprinklers, and amortized establishment expenses. 5 Takele, *et al.* , “Avocado Sample Establishment and Production Costs and Profitability Analysis for Ventura and Santa Barbara Counties, Based on 2001 Data Collected in Ventura and Santa Barbara Counties, California,” UCCE Southern California. The seasonal cost of treating avocado orchards infested with Mexican fruit fly or sapote fruit fly ranges from $5 per acre for the ground application of malathion to $230 per acre for the aerial application of malathion. The seasonal cost of treating organic avocado orchards infested with fruit flies ranges from $96 per acre for the ground application of Naturalyte, 6 to $300 per acre for the aerial application of Naturalyte. The costs of treatment for fruit flies in this example could result in a decrease in net returns over cash costs ranging from less than 1 percent to more than 9 percent, as indicated in table 2. Both U.S. and Mexican avocado producers would benefit by eliminating these costs of treating fruit fly infested avocado groves without risking the spread of the fruit flies. 6 Spinosad is the first active ingredient in Naturalyte, a class of insect control products approved for organic products. Table 2.—Example of Effects of Fruit Fly Treatment Costs on Avocado Producers' Net Returns, 2006 Impact of fruit fly treatment costs on net returns per acre Cost per acre Cash costs 1 (including treatment cost) per acre Decrease in net returns 2 over cash costs (percent) Ground treatment of Malathion $5 $2,315 0.16 Aerial treatment of Malathion 230 2,540 7.2 Ground treatment of Naturalyte 96 2,406 3 Aerial treatment of Naturalyte 300 2,610 9.4 1 Cash costs without treatment are $2,310 per acre. 2 Net returns are $3,190 per acre (Gross returns minus cash costs, $5,500−2,310 = $3,190). In 2002, approximately 8,000 acres of avocados were treated in San Diego County, CA, due to a Mexican fruit fly infestation. The costs of applying Malathion or Naturalyte were estimated to be greater than $1 million. Under the Small Business Administration's criteria, the domestic Hass avocado producers potentially affected by this action are considered small entities if they have annual receipts of not more than $750,000. 7 According to the 2002 Census of Agriculture, 98 percent of avocado farms had less than 100 acres under production, resulting in annual receipts of not more than $750,000. 8 7 NAICS code 111339, Other Non-citrus Fruit Farming. 8 California Avocado Commission. Gross value per avocado acre: $4,314, calendar year 2002. The proposed changes would harmonize the domestic and foreign requirements for movement of Hass avocados from areas where Mexican fruit fly or sapote fruit fly are present. In Mexican fruit fly or sapote fruit fly domestic quarantined areas, the proposed changes would benefit the Hass avocado producers within the United States by eliminating the cost of bait spray treatment. The average domestic avocado producer would avoid the 0.16 to 9.4 percent decrease in net returns over cash costs indicated in table 2. However, the savings would be realized only when an area is under quarantine for Mexican fruit fly or sapote fruit fly since bait sprays are required only in quarantined areas. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action would not have a significant economic impact on a substantial number of small entities. Executive Order 12372 This program/activity is listed in the Catalog of Federal Domestic Assistance under No. 10.025 and is subject to Executive Order 12372, which requires intergovernmental consultation with State and local officials. (See 7 CFR part 3015, subpart V.) Executive Order 12988 This proposed rule has been reviewed under Executive Order 12988, Civil Justice Reform. If this proposed rule is adopted:
(1)All State and local laws and regulations that are inconsistent with this rule will be preempted;
(2)no retroactive effect will be given to this rule; and
(3)administrative proceedings will not be required before parties may file suit in court challenging this rule. National Environmental Policy Act To provide the public with documentation of APHIS' review and analysis of any potential environmental impacts associated with the movement of Hass avocados from areas where Mexican fruit fly and sapote fruit fly exist, we have prepared an environmental assessment. The environmental assessment was prepared in accordance with:
(1)The National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321 *et seq.* ),
(2)regulations of the Council on Environmental Quality for implementing the procedural provisions of NEPA (40 CFR parts 1500-1508),
(3)USDA regulations implementing NEPA (7 CFR part 1b), and
(4)APHIS' NEPA Implementing Procedures (7 CFR part 372). The environmental assessment may be viewed on the Regulations.gov Web site or in our reading room. (Instructions for accessing Regulations.gov and information on the location and hours of the reading room are provided under the heading ADDRESSES at the beginning of this proposed rule.) In addition, copies may be obtained by calling or writing to the individual listed under FOR FURTHER INFORMATION CONTACT . Paperwork Reduction Act In accordance with section 3507(d) of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ), the information collection or recordkeeping requirements included in this proposed rule have been submitted for approval to the Office of Management and Budget (OMB). Please send written comments to the Office of Information and Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington, DC 20503. Please state that your comments refer to Docket No. APHIS-2006-0189. Please send a copy of your comments to:
(1)Docket No. APHIS-2006-0189, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-1238, and
(2)Clearance Officer, OCIO, USDA, room 404-W, 14th Street and Independence Avenue, SW., Washington, DC 20250. A comment to OMB is best assured of having its full effect if OMB receives it within 30 days of publication of this proposed rule. We are proposing to amend our domestic quarantined regulations to provide for the interstate movement of Hass avocados from Mexican fruit fly and sapote fruit fly domestic quarantined areas with a certificate if the fruit is safeguarded after harvest in accordance with specific measures. The proposed measures would necessitate the use of certain information collection activities, including the submission of certificates and field records as well as identifying orchards and packinghouses on field boxes and containers. We are soliciting comments from the public (as well as affected agencies) concerning our proposed information collection and recordkeeping requirements. These comments will help us:
(1)Evaluate whether the proposed information collection is necessary for the proper performance of our agency's functions, including whether the information will have practical utility;
(2)Evaluate the accuracy of our estimate of the burden of the proposed information collection, including the validity of the methodology and assumptions used;
(3)Enhance the quality, utility, and clarity of the information to be collected; and
(4)Minimize the burden of the information collection on those who are to respond (such as through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology; e.g., permitting electronic submission of responses). *Estimate of burden:* Public reporting burden for this collection of information is estimated to average 0.0416 hours per response. *Respondents:* U.S. Hass avocado producers. *Estimated annual number of respondents:* 46. *Estimated annual number of responses per respondent:* 210.7826. *Estimated annual number of responses:* 9,696. *Estimated total annual burden on respondents:* 403 hours. (Due to averaging, the total annual burden hours may not equal the product of the annual number of responses multiplied by the reporting burden per response.) Copies of this information collection can be obtained from Mrs. Celeste Sickles, APHIS, (Information Collection Coordinator, at
(301)734-7477. E-Government Act Compliance The Animal and Plant Health Inspection Service is committed to compliance with the E-Government Act to promote the use of the Internet and other information technologies, to provide increased opportunities for citizen access to Government information and services, and for other purposes. For information pertinent to E-Government Act compliance related to this proposed rule, please contact Mrs. Celeste Sickles, APHIS' Information Collection Coordinator, at
(301)734-7477. List of Subjects 7 CFR Part 301 Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation. 7 CFR Part 319 Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Rice, Vegetables. Accordingly, we propose to amend 7 CFR parts 301 and 319 as follows: PART 301—DOMESTIC QUARANTINE NOTICES 1. The authority citation for part 301 continues to read as follows: Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, and 371.3. Section 301.75-15 issued under Sec. 204, Title II, Public Law 106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 issued under Sec. 203, Title II, Public Law 106-224, 114 Stat. 400 (7 U.S.C. 1421 note). 2. Section 301.64-5 is amended as follows: a. In paragraph (a)(1)(iii), by removing the word “and” and adding the word “or” in its place. b. By adding a new paragraph (a)(1)(iv) to read as set forth below. § 301.64-5 Issuance and cancellation of certificates and limited permits.
(a)* * *
(1)* * *
(iv)Determines that the regulated articles are Hass variety avocados that have been harvested, safeguarded, and packed in accordance with the conditions in § 301.64-11; and 3. A new § 301.64-11 is added to read as follows: § 301.64-11 Conditions for interstate movement of Hass avocados from quarantined areas.
(a)*Orchard sanitation and safeguarding requirements.*
(1)Hass avocado fruit that has fallen from the trees may not be included in field boxes of fruit to be packed for shipping.
(2)Harvested Hass avocados must be placed in field boxes or containers of field boxes that are marked to show the location of the orchard. The avocados must be moved from the orchard to the packinghouse within 3 hours of harvest or they must be protected from fruit fly infestation until moved.
(3)Hass avocados must be protected from fruit fly infestations during their movement from the orchard to the packinghouse and must be accompanied by a field record indicating the location of the orchard where the avocados originated.
(b)*Packinghouse requirements.* If Hass avocados are packed at a packinghouse inside the quarantined area, the following conditions must also be met:
(1)All openings to the outside of the packinghouse must be covered by screening with openings of not more than 1.6 mm or by some other barrier that prevents insects from entering the packinghouse.
(2)The packinghouse must have double doors at the entrance to the facility and at the interior entrance to the area where the avocados are packed.
(3)The identity of the avocados must be maintained from field boxes or containers to the shipping boxes so the avocados can be traced back to the orchard in which they were grown.
(4)The Hass avocados must be packed in boxes or crates. The boxes or crates must be clearly marked with the identity of the grower and the packinghouse.
(5)The boxes must be placed in a refrigerated truck or refrigerated container and remain in that truck or container while in transit through the quarantined area. Prior to leaving the packinghouse, the truck or container must be secured with a seal that will be broken when the truck or container is opened. Once sealed, the refrigerated truck or refrigerated container must remain unopened until it is outside the quarantined area.
(6)Any avocados that have not been packed or loaded into a refrigerated truck or refrigerated container by the end of the workday must be kept inside the screened packinghouse. 4. Section 301.99-5 is amended as follows:
(a)In paragraph (a)(1)(iii) by removing the word “and” and adding the word “or” in its place.
(b)By adding a new paragraph (a)(1)(iv) to read as set forth below. § 301.99-5 Issuance and cancellation of certificates and limited permits.
(a)* * *
(1)* * *
(iv)The regulated articles are Hass variety avocados that have been harvested, safeguarded, and packed in accordance with the conditions in § 301.99-11; and 5. A new § 301.99-11 is added to read as follows: § 301.99-11 Conditions for interstate movement of Hass avocados from quarantined areas.
(a)*Orchard sanitation and safeguarding requirements.*
(1)Hass avocado fruit that has fallen from the trees may not be included in field boxes of fruit to be packed for shipping.
(2)Harvested Hass avocados must be placed in field boxes or containers of field boxes that are marked to show the location of the orchard. The avocados must be moved from the orchard to the packinghouse within 3 hours of harvest or they must be protected from fruit fly infestation until moved.
(3)Hass avocados must be protected from fruit fly infestations during their movement from the orchard to the packinghouse and must be accompanied by a field record indicating the location of the orchard where the avocados originated.
(b)*Packinghouse requirements.* If Hass avocados are packed at a packinghouse inside the quarantined area, the following conditions must also be met:
(1)All openings to the outside of the packinghouse must be covered by screening with openings of not more than 1.6 mm or by some other barrier that prevents insects from entering the packinghouse.
(2)The packinghouse must have double doors at the entrance to the facility and at the interior entrance to the area where the avocados are packed.
(3)The identity of the avocados must be maintained from field boxes or containers to the shipping boxes so the avocados can be traced back to the orchard in which they were grown.
(4)The Hass avocados must be packed in boxes or crates. The boxes or crates must be clearly marked with the identity of the grower and the packinghouse.
(5)The boxes must be placed in a refrigerated truck or refrigerated container and remain in that truck or container while in transit through the quarantined area. Prior to leaving the packinghouse, the truck or container must be secured with a seal that will be broken when the truck or container is opened. Once sealed, the refrigerated truck or refrigerated container must remain unopened until it is outside the quarantined area.
(6)Any avocados that have not been packed or loaded into a refrigerated truck or refrigerated container by the end of the workday must be kept inside the screened packinghouse. PART 319—FOREIGN QUARANTINE NOTICES 6. The authority citation for part 319 continues to read as follows: Authority: 7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3. § 319.56-30 [Amended] 7. Section 319.56-30 is amended by removing paragraph (c)(2)(ii) and redesignating paragraphs (c)(2)(iii) through (c)(2)(vi) as paragraphs (c)(2)(ii) through (c)(2)(v), respectively. Done in Washington, DC, this 27th day of March 2008. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E8-6799 Filed 4-1-08; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-28245; Directorate Identifier 2007-CE-047-AD] RIN 2120-AA64 Airworthiness Directives; Cirrus Design Corporation Models SR20 and SR22 Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Supplemental notice of proposed rulemaking (NPRM); Reopening of the comment period. SUMMARY: We are revising an earlier proposed airworthiness directive
(AD)that applies to certain Cirrus Design Corporation
(CDC)Models SR20 and SR22 airplanes. The earlier NPRM would have required you to replace the cabin door rod ends at the upper and lower hinges of the cabin door with newly designed rod ends. The earlier NPRM resulted from two known occurrences of in-flight cabin door separation (one total separation and one retained by the door strut). This proposed AD would require you to replace the cabin door rod ends with new parts including a redesigned non-binding hinge pin that replaces the existing pin at the upper door hinge. Since these actions impose an additional burden over that proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on these additional actions. DATES: We must receive comments on this proposed AD by June 2, 2008. ADDRESSES: Use one of the following addresses to comment on this proposed AD: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov.* Follow the instructions for submitting comments. • *Fax:*
(202)493-2251. • *Mail:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • *Hand Delivery:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this proposed AD, contact Cirrus Design Corporation, 4515 Taylor Circle, Duluth, Minnesota 55811; telephone:
(218)727-2737; Internet address: *http://www.cirrusdesign.com.* FOR FURTHER INFORMATION CONTACT: Wess Rouse, Aerospace Engineer, Chicago Aircraft Certification Office, 2300 East Devon Avenue, Room 107, Des Plaines, Illinois 60018; telephone:
(847)294-8113; fax:
(847)294-7834. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments regarding this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include the docket number, “FAA-2007-28245; Directorate Identifier 2007-CE-047-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments received by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to *http://www.regulations.gov,* including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive concerning this proposed AD. Discussion On June 6, 2007, we issued a proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an AD that would apply to certain CDC Models SR20 and SR22 airplanes. This proposal was published in the **Federal Register** as a notice of proposed rulemaking
(NPRM)on June 13, 2007 (72 FR 32563). The NPRM proposed to require you to replace the cabin door rod ends at the upper and lower hinges of the cabin door with newly designed rod ends. Comments We provided the public the opportunity to participate in developing this AD. The following presents the comment received on the proposal and FAA's response to the comment: Comment Issue: Revised Service Bulletin We received a comment from CDC stating that CDC will soon release Service Bulletin
(SB)SB 2X-52-07 R2 listed in the NPRM and requested the AD require accomplishment of that version. The FAA partially agrees. The latest revision to the service bulletin should be used for AD accomplishment; however, SB 2X-52-07 R2 had an incorrectly written compliance paragraph that required SB 2X-52-07 R3. SB 2X-52-07 R3 was issued on September 24, 2007, but because of further changes necessary to insure proper door operation without binding, SB 2X-52-07 R4 was issued on January 24, 2008. We will change the proposed AD to require following the procedures in Service Bulletin SB 2X-52-07 R4, dated January 24, 2008. FAA's Determination and Requirements of This Proposed AD We have carefully reviewed the available data and determined that the unsafe condition referenced in this document exists or could develop on other products of the same type design; and we should take AD action to correct this unsafe condition. Certain changes described above expand the scope of the earlier NPRM. As a result, we have determined that it is necessary to reopen the comment period to provide additional opportunity for the public to comment on the proposed AD. The Supplemental NPRM Since we issued the earlier NPRM, CDC issued Service Bulletin SB 2X-52-07 R4, dated January 24, 2008, which includes changes to assure proper door operation without binding. Proposing new parts including a redesigned non-binding hinge pin that replaces the existing bolt at the upper door hinge and a castellated nut for the upper end of the hinge pin to improve security of attaching parts goes beyond the scope of what was originally proposed in the NPRM. Therefore, we are reopening the comment period and allowing the public the chance to comment on these additional actions. Costs of Compliance We estimate that the proposed AD affects 2,308 airplanes in the U.S. registry. The costs vary from 3.5 work-hours to incorporate Cirrus Kit 70186-004 and 2.5 work-hours to incorporate Cirrus Kit 70186-005. Parts cost for either kit is $270. For the purposes of the proposed AD, we will use 3.5 work-hours for all airplanes. Based on this, the cost of the proposed AD is: Labor cost Parts cost Total cost per airplane Total fleet cost 3.5 work-hours × $80 per hour = $280 $270 $550 $1,269,400 Note: CDC will provide warranty credit to the extent noted in CDC Service Bulletin 2X-52-07 R4, dated January 24, 2008. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the proposed regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket. Examining the AD Docket You may examine the AD docket that contains the proposed AD, the regulatory evaluation, any comments received, and other information on the Internet at *http://dms.dot.gov;* or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone
(800)647-5527) is located at the street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **Cirrus Design Corporation:** Docket No. FAA-2007-28245; Directorate Identifier 2007-CE-047-AD. Comments Due Date
(a)We must receive comments on this airworthiness directive
(AD)action by June 2, 2008. Affected ADs
(b)None. Applicability
(c)This AD applies to the following airplane models and serial numbers that are certificated in any category: Models Serial Nos. SR20 1423 through 1906. SR22 0795 and 0820 through 2912. Unsafe Condition
(d)This AD results from two known occurrences of in-flight cabin door separation (one total separation and one retained by the door strut). We are proposing this AD to prevent in-flight failure of the cabin door, which could result in door separation from the airplane. Compliance
(e)To address this problem, you must do the following, unless already done: Within the next 50 hours time-in-service
(TIS)after the effective date of this AD or within 180 days after the effective date of this AD, whichever occurs first, following Cirrus Design Corporation Service Bulletin SB 2X-52-07 R4, dated January 24, 2008:
(1)If threaded sleeve is installed at the cabin door rod end, install cabin door rod end Kit 70186-004.
(2)If threaded sleeve is not installed at the cabin door rod end, install cabin door rod end Kit 70186-005. Alternative Methods of Compliance (AMOCs)
(f)The Manager, Chicago Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Wess Rouse, Aerospace Engineer, Chicago ACO, 2300 East Devon Avenue, Room 107, Des Plaines, Illinois 60018; telephone:
(847)294-8113; fax:
(847)294-7834. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. Related Information
(g)To get copies of the service information referenced in this AD, contact Cirrus Design Corporation, 4515 Taylor Circle, Duluth, Minnesota 55811, telephone:
(218)788-3000. To view the AD docket, go to the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, or on the Internet at *http://dms.dot.gov.* The docket number is Docket No. FAA-2007-28245; Directorate Identifier 2007-CE-047-AD. Issued in Kansas City, Missouri, on March 26, 2008. John Colomy, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-6786 Filed 4-1-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2008-0393; Directorate Identifier 2008-CE-011-AD] RIN 2120-AA64 Airworthiness Directives; Viking Air Limited (Formerly deHavilland Inc.) Model DHC-2 Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: We propose to adopt a new airworthiness directive
(AD)for the products listed above that would supersede an existing AD. This proposed AD results from mandatory continuing airworthiness information
(MCAI)originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: Cracks have been reported in the front spar center web of the tailplane at the pick-up bracket and at lightening holes. If not detected early and repaired, these cracks may lead to failure of the tailplane. The proposed AD would require actions that are intended to address the unsafe condition described in the MCAI. DATES: We must receive comments on this proposed AD by May 2, 2008. ADDRESSES: You may send comments by any of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov.* Follow the instructions for submitting comments. • *Fax:*
(202)493-2251. • *Mail:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • *Hand Delivery:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov;* or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone
(800)647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Pong Lee, Aerospace Engineer, FAA, New York Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; telephone:
(516)228-7324; fax:
(516)794-5531. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2008-0393; Directorate Identifier 2008-CE-011-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments. We will post all comments we receive, without change, to *http://www.regulations.gov,* including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion AD 92-24-02, Amendment 39-8407 became effective on December 15, 1992. AD 92-24-02 requires actions intended to address an unsafe condition on the products listed above. Since we issued AD 92-24-02, we have determined that the visual repetitive inspection required in AD 92-24-02 should be a fluorescent penetrant inspection. Transport Canada, which is the aviation authority for Canada, has issued AD No. CF-1991-42R1, dated March 13, 2007 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states: Cracks have been reported in the front spar center web of the tailplane at the pick-up bracket and at lightening holes. If not detected early and repaired, these cracks may lead to failure of the tailplane. This revision is issued to reflect the new requirement to inspect the tailplane front spar web behind the pick-up brackets using fluorescent penetrant inspection
(FPI)instead of the visual inspection method used previously. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information DeHavilland Inc., the former type certificate
(TC)holder, issued Bombardier de Havilland DHC-2 (Beaver) Service Bulletin 2/47 Revision C, revised September 4, 1992; and deHavilland Aircraft of Canada, Limited Technical News Sheet, dated August 1, 1952. Viking Air Limited, the present TC holder has issued Viking DHC-2 Beaver Service Bulletin No. 2/47, Revision E, dated January 23, 2007. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA's Determination and Requirements of the Proposed AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with this State of Design Authority, they have notified us of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all information and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. Differences Between This Proposed AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have proposed different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a NOTE within the proposed AD. Costs of Compliance Based on the service information, we estimate that this proposed AD would affect about 396 products of U.S. registry. We also estimate that it would take about 10 work-hours per product to comply with the basic requirements of this proposed AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $316,800, or $800 per product. In addition, we estimate that any necessary follow-on actions would take about 48 work-hours and require parts costing $1,854, for a cost of $5,694 per product. We have no way of determining the number of products that may need these actions. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this proposed regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by removing Amendment 39-8407, and adding the following new AD: **Viking Air Limited (formerly deHavilland Inc.):** Docket No. FAA-2008-0393; Directorate Identifier 2008-CE-011-AD. Comments Due Date
(a)We must receive comments by May 2, 2008. Affected ADs
(b)This AD supersedes AD 92-24-02; Amendment 39-8407. Applicability
(c)This AD applies to Models DHC-2 Mk. I, DHC-2 Mk. II, and DHC-2 Mk. III airplanes, all serial numbers, certificated in any category. Subject
(d)Air Transport Association of America
(ATA)Code 55: Stabilizers. Reason
(e)The mandatory continuing airworthiness information
(MCAI)states: Cracks have been reported in the front spar center web of the tailplane at the pick-up bracket and at lightening holes. If not detected early and repaired, these cracks may lead to failure of the tailplane. This revision is issued to reflect the new requirement to inspect the tailplane front spar web behind the pick-up brackets using fluorescent penetrant inspection
(FPI)instead of the visual inspection method used previously. Retained Actions of AD 92-24-02
(f)Unless already done, do the following:
(1)If you have cracks that have been previously repaired with stop-drilled holes, within the next 12 calendar months after December 15, 1992 (the compliance date retained from AD 92-24-02), replace the tailplane front spar following Bombardier de Havilland DHC-2 (Beaver) Service Bulletin 2/47 Revision C, revised September 4, 1992.
(2)For airplanes with lightening holes (without modification 2/466), within the next 200 hours time-in-service
(TIS)after December 15, 1992 (the compliance date retained from AD 92-24-02), visually inspect the front spar web in the area of the lightening holes for cracks between the pickup brackets. If cracks are found, before further flight, replace the tailplane front spar. Follow Bombardier de Havilland DHC-2 (Beaver) Service Bulletin 2/47 Revision C, revised September 4, 1992.
(3)Within the next 24 calendar months after December 15, 1992 (the compliance date retained from AD 92-24-02), do the following:
(i)For airplanes having serial numbers (S/Ns) 1 through 100, install longer pick-up brackets (modification 2/436) following deHavilland Aircraft of Canada, Limited Technical News Sheet, dated August 1, 1952. Note 1: Modification 2/436 was incorporated at manufacture on airplanes beginning with S/N 101. Other airplanes may have incorporated this modification in the field.
(ii)For airplanes having S/N 1 through 317, install a gusset plate on the rear face at each of the pick-up brackets (modification 2/758) following deHavilland Aircraft of Canada, Limited Technical News Sheet, dated August 1, 1952. Note 2: Modification 2/758 was incorporated at manufacture on airplanes beginning with S/N 318. Other airplanes may have incorporated this modification in the field. New Requirements of This AD: Actions and Compliance
(g)Unless already done, do the following actions:
(1)Within 200 hours time-in-service
(TIS)after the effective date of this AD and repetitively thereafter at intervals not to exceed every 24 months, remove the tailplane front spar pick-up brackets and do a fluorescent penetrant inspection of the tailplane front spar web for cracks in the area of the pick-up brackets following Appendix A of Viking DHC-2 Beaver Service Bulletin 2/47, Revision E, dated January 23, 2007.
(2)If during any of the inspections required in paragraph (g)(1) of this AD cracks are found, before further flight, replace the tailplane front spar following Viking DHC-2 Beaver Service Bulletin 2/47, Revision E, dated January 23, 2007.
(3)Within the next 12 months after the effective date of this AD, incorporate modification 2/466 (deletion of lightening holes) following Viking DHC-2 Product Support Manual 1-2-MOD.
(4)If any cracks are found as a result of the inspections required by this AD, use the following contact information to report your results: Viking Air Limited, Technical Support, 9574 Hampden Road, Sidney, British-Columbia, Canada, V8L 5V5; telephone: regional 250-656-7227, North America 1-800-0663-8444, or international 1-800-6727-6727; fax: 250-656-0673; e-mail: *technical.support@vikingair.com.* FAA AD Differences Note 3: This AD differs from the MCAI and/or service information as follows: No differences. Other FAA AD Provisions
(g)The following provisions also apply to this AD:
(1)*Alternative Methods of Compliance (AMOCs):* The Manager, New York Aircraft Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Pong Lee, Aerospace Enginee, FAA, New York Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; telephone:
(516)228-7324; fax:
(516)794-5531. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.
(2)*Airworthy Product:* For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.
(3)*Reporting Requirements:* For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Office of Management and Budget
(OMB)has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Related Information
(h)Refer to Transport Canada AD CF-1991-42R1, dated March 13, 2007; and Viking DHC-2 Beaver Service Bulletin No. 2/47, Revision E, dated January 23, 2007, for related information. Issued in Kansas City, Missouri, on March 25, 2008. Kim Smith, Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-6831 Filed 4-1-08; 8:45 am] BILLING CODE 4910-13-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2008-0100; FRL-8549-5] Approval and Promulgation of Implementation Plans; State of Missouri AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing a revision to the Missouri State Implementation Plan
(SIP)to include the State's recently revised ozone season NO <sup>X</sup> cap and trade rules for electric generating units
(EGUs)and non-electric generating units (Non-EGUs) submitted on May 18, 2007. Two existing rules were revised by the State to allow for the transition into the State's recently adopted ozone season trading rule to meet the requirements of the Clean Air Interstate Rule (CAIR). The ozone season rules, an interstate cap and trade rule for EGUs and Non-EGUs in the eastern one-third of the State and a statewide intrastate trading rule for EGUs, were revised to include language that will rescind their requirements in the year 2009, the year CAIR compliance begins. The CAIR ozone season trading rule is more restrictive than the aforementioned rules, and this action is needed to avoid imposing duplicative requirements for the affected sources in the year 2009 and thereafter. DATES: Comments on this proposed action must be received in writing by May 2, 2008. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-OAR-2008-0100, by mail to Michael Jay, Environmental Protection Agency, Air Planning and Development Branch, 901 North 5th Street, Kansas City, Kansas 66101. Comments may also be submitted electronically or through hand delivery/courier by following the detailed instructions in the ADDRESSES section of the direct final rule located in the rules section of this **Federal Register** . FOR FURTHER INFORMATION CONTACT: Michael Jay at
(913)551-7460, or by e-mail at *jay.michael@epa.gov* . SUPPLEMENTARY INFORMATION: In the final rules section of this **Federal Register** , EPA is approving the state's SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial revision amendment and anticipates no relevant adverse comments to this action. A detailed rationale for the approval is set forth in the direct final rule. If no relevant adverse comments are received in response to this action, no further activity is contemplated in relation to this action. If EPA receives relevant adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed action. EPA will not institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on part of this rule and if that part can be severed from the remainder of the rule, EPA may adopt as final those parts of the rule that are not the subject of an adverse comment. For additional information, see the direct final rule which is located in the rules section of this **Federal Register** . Dated: March 24, 2008. John B. Askew, Regional Administrator, Region 7. [FR Doc. E8-6661 Filed 4-1-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2008-0103; FRL-8549-7] Approval and Promulgation of Implementation Plans; State of Missouri AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA proposes to approve a State Implementation Plan
(SIP)revision to exempt initial fueling of motor vehicles at automobile assembly plants in the St. Louis metropolitan area from the Missouri Performance Evaluation Test Procedures (MO/PETP) approval test requirements. MO/PETP requirements were initially implemented to maintain the integrity of local air quality by regulating gasoline fueling emissions. The Missouri Department of Natural Resources
(MDNR)provided an air quality analysis and it was determined that removal of these test requirements for initial fueling at automobile assembly plants will not adversely affect air quality in the St. Louis area. In addition, certain portions of the rule were renumbered and reformatted. This revision will ensure consistency between the state and the federally-approved rules. DATES: Comments on this proposed action must be received in writing by May 2, 2008. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-OAR-2008-0103, by mail to Amy Algoe-Eakin, Environmental Protection Agency, Air Planning and Development Branch, 901 North 5th Street, Kansas City, Kansas 66101. Comments may also be submitted electronically or through hand delivery/courier by following the detailed instructions in the ADDRESSES section of the direct final rule located in the rules section of this **Federal Register** . FOR FURTHER INFORMATION CONTACT: Amy Algoe-Eakin at
(913)551-7942, or by e-mail at *algoe-eakin.amy@epa.gov* . SUPPLEMENTARY INFORMATION: In the final rules section of the **Federal Register** , EPA is approving the state's SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial revision amendment and anticipates no relevant adverse comments to this action. A detailed rationale for the approval is set forth in the direct final rule. If no relevant adverse comments are received in response to this action, no further activity is contemplated in relation to this action. If EPA receives relevant adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed action. EPA will not institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on part of this rule and if that part can be severed from the remainder of the rule, EPA may adopt as final those parts of the rule that are not the subject of an adverse comment. For additional information, see the direct final rule which is located in the rules section of this **Federal Register** . Dated: March 20, 2008. William Rice, Acting Regional Administrator, Region 7. [FR Doc. E8-6659 Filed 4-1-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 63 [EPA-HQ-OAR-2002-0086, FRL-8549-9] RIN 2060-AN80 National Emission Standards for Hazardous Air Pollutants for Semiconductor Manufacturing AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: On October 19, 2006, EPA proposed amendments to the National Emission Standards for Hazardous Air Pollutants for Semiconductor Manufacturing, published on May 22, 2003. The purpose of the proposed amendments was to clarify the emission requirements for process vents by establishing a new maximum achievable control technology floor level of control for existing combined hazardous air pollutants process vent streams containing inorganic and organic hazardous air pollutants and adding requirements for new and reconstructed combined hazardous air pollutants process vents. For existing combined hazardous air pollutants process vents, EPA had proposed that the floor was no control. In light of *Sierra Club* v. *EPA,* we are re-proposing the requirements for existing and new combined hazardous air pollutants process in this supplemental proposal. DATES: Comments must be received by EPA on or before May 2, 2008, unless a public hearing is requested by April 14, 2008. If a hearing is requested, EPA will hold a public hearing on April 17, 2008. If a hearing is requested, written comments must be received by May 19, 2008. If you are interested in attending the public hearing, contact Mr. John Schaefer at
(919)541-0296 to verify that a hearing will be held. ADDRESSES: *Comments.* Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2002-0086, by one of the following methods: • *www.regulations.gov:* Follow the on-line instructions for submitting comments. • *E-mail:* *a-and-r-Docket@epa.gov* , Attention Docket ID No. EPA-HQ-OAR-2002-0086. • *Fax:*
(202)566-9744 • *Mail:* U.S. Postal Service, send comments to: EPA Docket Center (2822T), Attention Docket ID No. EPA-HQ-OAR-2002-0086, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Please include a total of two copies. *Hand Delivery:* In person or by courier, deliver comments to: EPA Docket Center (2822T), Attention Docket ID No. EPA-HQ-OAR-2002-0086, EPA West Building, Room 3334, 1301 Constitution Avenue, NW., Washington, DC 20004. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. Please include a total of two copies. *Instructions.* Direct your comments to Docket ID No. EPAHQ-OAR-2002-0086. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *www.regulations.gov,* including any personal information provided, unless the comment includes information claimed to be confidential business information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or e-mail. Send or deliver information identified as CBI to only the following address: Mr. Roberto Morales, OAQPS Document Control Officer, EPA (C404-02), Attention Docket ID No. EPA-HQ-OAR-2002-0086, Research Triangle Park, NC 27711. Clearly mark the part or all of the information that you claim to be CBI. The www.regulations.gov Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *www.regulations.gov,* your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm.* *Docket.* All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in *www.regulations.gov* or in hard copy at the EPA Docket Center, Docket ID No. EPA-HQ-OAR-2002-0086, EPA West Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is
(202)566-1744, and the telephone number for the EPA Docket Center is
(202)566-1742. A reasonable fee may be charged for copying docket materials. FOR FURTHER INFORMATION CONTACT: Mr. John Schaefer, EPA, Office of Air Quality Planning and Standards, Sector Policies and Programs Division, Measurement Policy Group (D243-05), Research Triangle Park, NC 27711; telephone number
(919)541-0296; fax number
(919)541-1039; e-mail address *schaefer.john@epa.gov.* SUPPLEMENTARY INFORMATION: *Regulated Entities.* Entities potentially affected by the proposed amendments to the National Emission Standards for Hazardous Air Pollutants for Semiconductor Manufacturing include: Table 1.—Regulated Entities Table Category NAICS 1 Examples of regulated entities Industry 334413 Semiconductor crystal growing facilities, semiconductor wafer fabrication facilities, semiconductor test and assembly facilities. 1 North American Industry Classification System. This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by this action. This table lists the types of entities that may potentially be affected by this action. To determine whether your facility is regulated by this action, you should carefully examine the applicability criteria in 40 CFR 63.7181 of the rule. If you have questions regarding the applicability of the proposed amendments to a particular entity, consult the person listed in the preceding FOR FURTHER INFORMATION CONTACT section. *Submitting CBI.* Do not submit this information to EPA through *www.regulations.gov* or e-mail. Send or deliver information identified as CBI only to the address listed in the ADDRESSES section of this document. Clearly mark the part or all of the information that you claim to be CBI. For CBI information submitted on a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. *Worldwide Web (WWW).* In addition to being available in the docket, an electronic copy of today's proposal will also be available through the WWW. Following the Administrator's signature, a copy of this action will be posted on EPA's Technology Transfer Network
(TTN)policy and guidance page for newly proposed or promulgated rules at *http://www.epa.gov/ttn/oarpg/.* Information may also be obtained from the Web page for the proposed rulemaking at: *http://www.epa.gov/ttn/atw/pcem/pcempg.html.* The TTN at EPA's Web site provides information and technology exchange in various areas of air pollution control. *Public Hearing.* If a public hearing is held, it will be held at 10 a.m. at the EPA's Environmental Research Center Auditorium, Research Triangle Park, NC, or at an alternate site nearby. *Outline.* The information presented in this preamble is organized as follows: I. Background II. Summary of the Proposed Amendments III. Rationale for the Proposed Amendments IV. Impacts of the Proposed Amendments V. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review B. Paperwork Reduction Act C. Regulatory Flexibility Act D. Unfunded Mandates Reform Act E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer and Advancement Act J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations I. Background On May 22, 2003 (68 FR 27913), we issued the national emission standards for hazardous air pollutants (NESHAP) for semiconductor manufacturing (40 CFR part 63, subpart BBBBB). The NESHAP implement section 112(d) of the Clean Air Act
(CAA)by requiring all major sources to meet emission standards for hazardous air pollutants
(HAP)reflecting application of the maximum achievable control technology (MACT). The NESHAP establish emission limitations for emission sources at operations used to manufacture p-type and n-type semiconductors and active solid-state devices from a wafer substrate. After promulgation of the NESHAP, it was brought to our attention that while the NESHAP established separate emission standards for organic and inorganic HAP from process vents, there was one plant that has a different process vent approach system. Specifically, this plant combines inorganic and organic vent streams into a single atmospheric process vent. At the time we developed the MACT standard, we were not aware of any sources that combined their inorganic and organic vent streams, and, therefore, we had no data on such sources. Rather, during the development phase of the rule, we determined that since 1980 industry practice has been to strictly separate process vent emissions into streams containing either organic or inorganic HAP (71 FR 61701, 61702-03, October 19, 2006). In order to address the combined process vent stream segment of which we are now aware, on October 19, 2006, we proposed amending the final rule by establishing emission standards for existing and new combined process vent streams (71 FR 61701). For the limited number of existing combined process vents, we proposed no control. For new and reconstructed combined HAP process vents, we proposed the same requirements that currently apply to new inorganic HAP process vents and new organic HAP process vents (71 FR 61703). In light of the DC Circuit's decision in *Sierra Club* v. *EPA* , 479 F.3d 875 (DC Circuit 2007), we are issuing this supplementary proposal to change the requirements for existing and new combined HAP process vents that we proposed in the October 2006 amendments. This supplementary proposal is limited to revising the emission standards for existing and new combined HAP process vents, and we are requesting comments only on these proposed changes. II. Summary of the Proposed Amendments The October 2006 proposed amendments proposed no control requirements for existing combined HAP process vents. In addition, for new and reconstructed combined HAP process vents, we proposed the requirement for inorganic HAP components to be the same as the current requirement for inorganic HAP process vents and the requirement for organic HAP to be the same as the requirement for organic HAP process vents (71 FR 61703). These proposed amendments establish the following emission limit for HAP emitted from new and existing combined HAP process vents: 14.22 parts per million by volume (ppmv). III. Rationale for the Proposed Amendments In the October 2006 proposed amendments, we proposed the requirements for existing combined HAP process vents would be no reductions in emissions or no control. Subsequently, the DC Circuit in *Sierra Club* v. *EPA* , 479 F.3d 875 (DC Circuit 2007) found that EPA's decision to set no control emission floors for source categories where the best performing sources did not use emission control technology was in direct contravention of CAA section 112(d)(3). In response to this decision, we are proposing revised standards for existing and new combined HAP process vents in this supplementary proposal. Specifically, we are proposing that existing combined HAP process vents achieve a control level of 14.22 ppmv, which is the average level of emissions control achieved by the best performing four combined HAP process vents that we are aware of at maximum representative operating conditions. We are basing the MACT floor on four combined HAP process vents because we only identified four such vents in our recent assessment of the semiconductor industry. This level of control represents the level actually achieved by the best performing sources, consistent with *Sierra Club* v. *EPA* 479 F.3d 875 (DC Circuit 2007) and CAA section 112(d)(3). In addition, we are proposing that new combined HAP process vents also achieve a control level of 14.22 ppmv. This is because, for new and reconstructed sources, CAA section 112(d)(3) requires that we set emissions limitations that are no less stringent than the emissions control achieved in practice by the best performing similar source, which in this instance are the existing four combined HAP process vents. Our technical analysis of these four process vents, the information used to develop the 14.22 ppmv limitation, and the beyond the MACT floor analysis is available in the docket for this rulemaking. We examined establishing limitations beyond the floor level of control for existing and new combined HAP process vents. Establishing a meaningful control level below the 14.22 ppmv limitation would require the segregation of organic and inorganic process vent streams and process heat into separate vent streams. The separate organic and inorganic process vents could then be controlled by add-on control devices. We looked at one option that segregated the process vents into organic and inorganic constituents and controlled the inorganic process streams with a wet scrubber as needed to meet the existing emission limit for inorganic process vent streams. We rejected this control option because the associated costs were calculated to be in excess of $7.5 million per ton of HAP controlled. We believe that this option is not a reasonable beyond the floor control option because the associated costs are prohibitive. Therefore, we are proposing the selected limitation or control level of 14.22 ppmv as the floor level of control for existing combined HAP process vents. IV. Impacts of the Proposed Amendments The proposed amendments do not affect the level of emissions control required by the existing NESHAP and therefore, there is no change to the analysis of nonair, health, environmental, and energy impacts from the final rule. This is because the proposed MACT level of control is achieved by three of the four process vents evaluated. We expect the fourth process vent will be able to meet the standard through operational changes rather than through the use of add on control devices. In addition, we do not expect new semiconductor manufacturing facilities will utilize combined HAP process vents, so we do not expect any new combined HAP process vents will be constructed in the future. Therefore, a re-evaluation of costs associated with the final rule was not necessary. V. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is a “significant regulatory action.” Accordingly, EPA submitted this action to the Office of Management and Budget
(OMB)for review under Executive Order 12866 and any changes made in response to OMB recommendations have been documented in the docket for this action. B. Paperwork Reduction Act This action does not impose any new information collection burden. The information collection requirements in the final rule have not been changed by these proposed amendments. However, OMB has previously approved the information collection requirements contained in the existing regulations (40 CFR part 63, subpart BBBBB) under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501, *et seq.* , and has assigned OMB control number 2060-0591. The OMB control numbers for EPA's regulations in 40 CFR are listed in 40 CFR part 9. C. Regulatory Flexibility Act The Regulatory Flexibility Act
(RFA)generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. *For purposes of assessing the impacts of this rule on small entities, small entity is defined as* :
(1)A small business as defined by the Small Business Administrations' regulations at 13 CFR 121.201;
(2)a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and
(3)a small organization that is any not-for-profit enterprise which is independently owned and operated and is not dominant in its field. After considering the economic impacts of this proposed rule on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. This proposed rule will not impose any requirements on small entities. We continue to be interested in the potential impacts of the proposed rule on small entities and welcome comments on issues related to such impacts. D. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. Under section 202 of the UMRA, EPA generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with “Federal mandates” that may result in expenditures to State, local, and tribal governments, in the aggregate, or to the private sector, of $100 million or more in any one year. Before promulgating an EPA rule for which a written statement is needed, section 205 of the UMRA generally requires EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cost-effective, or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows EPA to adopt an alternative other than the least costly, most cost-effective, or least burdensome alternative if the Administrator publishes with the final rule an explanation why that alternative was not adopted. Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments, it must have developed under section 203 of the UMRA a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of EPA regulatory proposals with significant Federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements. EPA has determined that this proposed rule does not contain a Federal mandate that may result in expenditures of $100 million or more for State, local, and tribal governments, in the aggregate, or to the private sector in any one year. This rule affects only one facility in the nation. Total rule impacts were estimated to be approximately $22,000. Thus, this proposed rule is not subject to the requirements of sections 202 and 205 of the UMRA. EPA has determined that this proposed rule contains no regulatory requirements that might significantly or uniquely affect small governments because it contains no requirements that apply to such governments or impose obligations upon them. Therefore, the proposed rule is not subject to section 203 of the UMRA. E. Executive Order 13132: Federalism Executive Order 13132 (64 FR 43255, August 10, 1999) requires EPA to develop an accountable process to ensure “meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.” “Policies that have federalism implications” is defined in the Executive Order to include regulations that have “substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.” This proposed rule does not have federalism implications. It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132. None of the affected semiconductor facilities are owned or operated by State or local governments. Thus, Executive Order 13132 does not apply to this proposed rule. In the spirit of Executive Order 13132, and consistent with EPA policy to promote communications between EPA and State and local governments, EPA specifically solicits comment on this proposed rule from State and local officials. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments Executive Order 13175, entitled “Coordination with Indian Tribal Governments” (65 FR 67249, November 9, 2000) requires EPA to develop an accountable process to ensure “meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.” This proposed rule does not have tribal implications as specified in Executive Order 13175. It will not have substantial direct effects on tribal governments, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes. No tribal governments own or operate semiconductor manufacturing facilities and are not subject to the proposed standards. Thus, Executive Order 13175 does not apply to this proposed rule. EPA specifically solicits additional comment on this proposed rule from tribal officials. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks EPA interprets Executive Order 13045 as applying only to those regulatory actions that are based on health or safety risks, such that the analysis required under section 5-501 of the Executive Order has the potential to influence the regulation. This proposed rule is not subject to Executive Order 13045 because it is based on technology performance and not on health or safety risks. H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This proposed rule is not a “significant energy action” as defined in Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001) because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. This rule does not require the use of add-on control devices and will therefore not have any adverse energy effects. I. National Technology Transfer and Advancement Act Section 112(d) of the National Technology Transfer and Advancement Act (NTTAA) of 1995 (Pub. L. No. 104-113, 12(d)(15 U.S.C. 272 note), directs EPA to use voluntary consensus standards
(VCS)in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. VCS are technical standards ( *e.g.* , materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by VCS bodies. The NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable VCS. This proposed rulemaking does not involve technical standards. Therefore, EPA is not considering the use of any VCS. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. EPA has determined that this proposed rule will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it increases the level of environmental protection for all affected populations without having any disproportionately high and adverse human health or environmental effects on any population, including any minority or low-income population. This proposed rule affects one facility in the nation. This facility emits approximately one ton per year of regulated HAP and does not significantly affect the local population. List of Subjects in 40 CFR Part 63 Environmental Protection, Air pollution control, Hazardous substances, Reporting and recordkeeping requirements. Dated: March 27, 2008. Stephen L. Johnson, Administrator. For the reasons stated in the preamble, title 40, chapter I, part 63, of the Code of the Federal Regulations is proposed to be amended as follows: PART 63—[AMENDED] 1. The authority citation for part 63 continues to read as follows: Authority: 42 U.S.C. 7401, *et seq.* Subpart BBBBB—[Amended] 2. Section 63.7184 is amended by adding paragraph
(f)to read as follows: § 63.7184 What emission limitations, operating limits, and work practice standards must I meet?
(f)*Process vents—combined HAP emissions.* For each combined HAP process vent, other than process vents from storage tanks, you must reduce or maintain the concentration of emitted HAP from the process vent to less than or equal to 14.22 ppmv. These limitations can be met by venting emissions from your process vent through a closed vent system to any combination of control devices meeting the requirements of § 63.982(a)(2). [FR Doc. E8-6816 Filed 4-1-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 [EPA-R04-RCRA-2007-0992; FRL-8550-4] Alabama: Proposed Authorization of State Hazardous Waste Management Program Revision AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: Alabama has applied to EPA for final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA proposes to grant final authorization to Alabama. In the “Rules and Regulations” section of this **Federal Register** , EPA is authorizing the changes by an immediate final rule. EPA did not make a proposal prior to the immediate final rule, because we believe this action is not controversial and do not expect comments that oppose it. We have explained the reasons for this authorization in the preamble of the immediate final rule. Unless we get written comments which oppose this authorization during the comment period, the immediate final rule will become effective on the date it establishes, and we will not take further action on this proposal. If we receive comments that oppose this action, we will withdraw the immediate final rule and it will not take effect. We will respond to public comments in a later final rule based on this proposal. You may not have another opportunity for comment. DATES: Comments must be received on or before May 2, 2008. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-RCRA-2007-0992 by one of the following methods: • *http://www.regulations.gov:* Follow the on-line instructions for submitting comments. • E-mail: *johnson.otis@epa.gov* . • Fax:
(404)562-9964 (prior to faxing, please notify the EPA contact listed below) • Mail: Send written comments to Otis Johnson, Permits and State Programs Section, RCRA Programs and Materials Management Branch, RCRA Division, U.S. Environmental Protection Agency, The Sam Nunn Federal Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. • Hand Delivery: Otis Johnson, Permits and State Programs Section, RCRA Programs and Materials Management Branch, RCRA Division, U.S. Environmental Protection Agency, The Sam Nunn Federal Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments to Docket ID No. EPA-R04-RCRA-2007-0992. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *www.regulations.gov* including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *www.regulations.gov* or e-mail. The *www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *www.regulations.gov* , your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. (For additional information about EPA's public docket, visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm* ). *Docket:* All documents in the docket are listed in the *www.regulations.gov* index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in *www.regulations.gov* or in hard copy. You may view and copy Alabama's application from 8 a.m. to 4:30 p.m. at the EPA Region 4, RCRA Division, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. You may also view and copy Alabama's application from 8 a.m. to 4:30 p.m. at the Alabama Department of Environmental Management, 1400 Coliseum Boulevard, Montgomery, Alabama 36110-2059. FOR FURTHER INFORMATION CONTACT: Otis Johnson, Permits and State Programs Section, RCRA Programs and Materials Management Branch, RCRA Division, U.S. Environmental Protection Agency, The Sam Nunn Federal Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960;
(404)562-8481; fax number:
(404)562-9964; e-mail address: *johnson.otis@epa.gov* . SUPPLEMENTARY INFORMATION: For additional information, please see the immediate final rule published in the “Rules and Regulations” section of this **Federal Register** . Dated: January 22, 2008. J.I. Palmer, Jr., Regional Administrator, Region 4. [FR Doc. E8-6812 Filed 4-1-08; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 2, 9, 13, 17, 36, 42, and 53 [FAR Case 2006-022; Docket 2008-0002; Sequence 3] RIN 9000-AK99 Federal Acquisition Regulation; FAR Case 2006-022, Contractor Performance Information AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Proposed rule with request for comments. SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation
(FAR)to revise the contractor performance information process. The FAR revisions include changes to FAR Parts 2, 9, 13, 17, 36, 42, and 53. DATES: Interested parties should submit written comments to the FAR Secretariat on or before June 2, 2008 to be considered in the formulation of a final rule. ADDRESSES: Submit comments identified by FAR case 2006-022 by any of the following methods: • *Regulations.gov: http://www.regulations.gov.* Submit comments via the Federal eRulemaking portal by inputting “FAR Case 2006-022” under the heading “Comment or Submission”. Select the link “Send a Comment or Submission” that corresponds with FAR Case 2006-022. Follow the instructions provided to complete the “Public Comment and Submission Form”. Please include your name, company name (if any), and “FAR Case 2006-022” on your attached document. • *Fax:* 202-501-4067. • *Mail:* General Services Administration, Regulatory Secretariat (VPR), 1800 F Street, NW., Room 4035, ATTN: Diedra Wingate, Washington, DC 20405. *Instructions:* Please submit comments only and cite FAR Case 2006-022 in all correspondence related to this case. All comments received will be posted without change to *http://www.regulations.gov,* including any personal and/or business confidential information provided. FOR FURTHER INFORMATION CONTACT: Ms. Jeritta A. Parnell, Procurement Analyst, at
(202)501-4082 for clarification of content. For information pertaining to status or publication schedules, contact the FAR Secretariat at
(202)501-4755. Please cite FAR case 2006-022. SUPPLEMENTARY INFORMATION: A. Background The Office of Federal Procurement Policy
(OFPP)and the Chief Acquisition Officer's Acquisition Committee for E-GOV
(ACE)established a working group to review regulations, policies, and guidance associated with contractor performance information. This working group proposed changes to a number of FAR parts. The Councils have agreed to some, but not all, of these changes. This proposed rule reflects those changes agreed to by the Councils. The changes to the FAR include the following:
(1)Adds a definition in FAR 2.101 for “past performance” to include both active and completed contracts;
(2)Clarifies the use of the governmentwide performance information repository, Past Performance Information Retrieval System (PPIRS) at *http://www.ppirs.gov;*
(3)Requires contracting officers to evaluate past performance for orders that exceed the simplified acquisition threshold placed against Federal Supply Schedule contract, or under a task order contract or a delivery order contract awarded by another agency (i.e. governmentwide acquisition contract or multi-agency contract) and recommends past performance evaluations for orders under single agency contracts;
(4)Consolidates the collection of past performance guidance in Part 42 and deletes the SF 1420 and 1421 from Part 36 and Part 53; and
(5)Clarifies that the agency shall identify the individual responsible for preparing the evaluation of contractor past performance. This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This is not a major rule under 5 U.S.C. 804. B. Regulatory Flexibility Act The Councils do not expect this proposed rule to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, *et seq.* , because the rule does not impose any additional requirements on small businesses. The collection and reporting of past performance information is an internal process to the Government. The rule merely puts into effect the current practices of prudent contracting officers. In addition, the rule provides clearer instruction to contracting officers by restating in a better format the current language. Past performance evaluations are now made on master contracts based on the performance reported on the individual orders. This rule allows separate rather than consolidated evaluations under these types of contracts. There should be a small positive benefit for small businesses when individual instant reports are made rather than waiting for long-term reports on the master contract. Likewise, when small businesses have negative reports, the small businesses can take corrective action sooner. Therefore, an Initial Regulatory Flexibility Analysis has not been performed. The Councils will consider comments from small entities concerning the affected FAR Parts 2, 9, 13, 17, 36, 42, and 53 in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 601, *et seq.* (FAR Case 2006-022) in correspondence. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the proposed changes to the FAR do not impose information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, *et seq.* List of Subjects in 48 CFR Parts 2, 9, 13, 17, 36, 42, and 53 Government procurement. Dated: March 28, 2008. Al Matera, Director, Office of Acquisition Policy. Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 2, 9, 13, 17, 36, 42, and 53 as set forth below: 1. The authority citation for 48 CFR parts 2, 9, 13, 17, 36, 42, and 53 continues to read as follows: Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c). PART 2—DEFINITIONS OF WORDS AND TERMS 2. Amend section 2.101 in paragraph (b)(2) by adding the definition “Past Performance” in alphabetical order to read as follows: 2.101 Definitions.
(b)* * *
(2)* * * *Past performance* means an offeror's or contractor's performance on active and completed contracts. PART 9—CONTRACTOR QUALIFICATIONS 3. Amend section 9.105-1 by revising the introductory text of paragraph
(c)and removing paragraph (c)(7) to read as follows: 9.105-1 Obtaining information.
(c)In making the determination of responsibility (see 9.104-1(c)), the contracting officer shall consider relevant past performance information (see Subpart 42.15). In addition to the Governmentwide performance information repository, Past Performance Information Retrieval System (PPIRS) (at *http://www.ppirs.gov* ), the contracting officer should use the following sources of information to support such determinations: PART 13—SIMPLIFIED ACQUISITION PROCEDURES 4. Amend section 13.106-2 by revising paragraph (b)(3)(ii) to read as follows: 13.106-2 Evaluation of quotations or offers.
(b)* * *
(3)* * *
(ii)May be based on—
(A)The contracting officer's knowledge of and previous experience with the supply or service being acquired;
(B)Customer surveys, and past performance questionnaire replies;
(C)The Governmentwide Past Performance Information Retrieval System (PPIRS) at *http://www.ppirs.gov;* or
(D)Any other reasonable basis. PART 17—SPECIAL CONTRACTING METHODS 5. Amend section 17.207 by: a. Removing “and” from the end of paragraph (c)(3); b. Removing from paragraph (c)(4) the “.” and adding “; and” in its place; and c. Adding paragraph (c)(5) to read as follows. 17.207 Exercise of options.
(c)* * *
(5)The contractor is not listed on the Excluded Parties List System
(EPLS)(see FAR 9.405-1). PART 36—CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS 6. Revise section 36.201 to read as follows: 36.201 Evaluation of contractor performance. See 42.1502(e) for the requirements for preparing past performance evaluations for construction contracts. 7. Revise section 36.604 to read as follows: 36.604 Performance evaluation. See 42.1502(f) for the requirements for preparing past performance evaluations for architect-engineer contracts. 36.701 [Amended] 8. Amend section 36.701 by removing paragraph (d). 36.702 [Amended] 9. Amend section 36.702 by removing paragraph (c). PART 42—CONTRACT ADMINISTRATION AND AUDIT SERVICES 10. Revise section 42.1502 to read as follows: 42.1502 Policy.
(a)Past performance evaluations should be as specified in paragraphs
(b)through
(g)of this section at the time the work under the contract or order is completed. In addition, interim evaluations should be prepared as specified by the agencies to provide current information for source selection purposes, for contracts or orders with a period of performance, including options, exceeding one year. These evaluations are generally for the entity, division, or unit that performed the contract or order. The content of the evaluations should be tailored to the size, content, and complexity of the contractual requirements.
(b)Except as provided in paragraphs (e), (f), and
(h)of this section, agencies shall prepare an evaluation of contractor performance for each contract that exceeds the simplified acquisition threshold.
(c)Agencies shall prepare an evaluation of contractor performance for each order that exceeds the simplified acquisition threshold placed against a Federal Supply Schedule contract, or under a task order contract or a delivery order contract awarded by another agency (i.e., Governmentwide acquisition contract or multi-agency contract).
(d)For single-agency task order and delivery order contracts, the contracting officer may require performance evaluations for each order in excess of the simplified acquisition threshold when such evaluations would produce more useful past performance information for source selection officials than that contained in the overall contract evaluation (e.g., when the scope of the basic contract is very broad and the nature of individual orders could be significantly different).
(e)Past performance evaluations shall be prepared for each construction contract of $550,000 or more, and for each construction contract terminated for default regardless of contract value. Past performance evaluations may also be prepared for construction contracts below $550,000.
(f)Past performance evaluations shall be prepared for each architect-engineer services contract of $30,000 or more, and for each architect-engineer services contract that is terminated for default regardless of contract value. Past performance evaluations may also be prepared for architect-engineer services contracts below $30,000.
(g)Past Performance evaluations shall include an assessment of contractor performance against, and efforts to achieve, the goals identified in the small business subcontracting plan when the contract includes the clause at 52.219-9, Small Business Subcontracting Plan.
(h)Agencies shall not evaluate performance for contracts awarded under Subpart 8.7. 11. Amend section 42.1503 by revising paragraphs (a), (c),
(d)and
(e)to read as follows: 42.1503 Procedures.
(a)Agency procedures for the past performance evaluation system shall generally provide for input to the evaluations from the technical office, contracting office and, where appropriate, end users of the product or service. These procedures shall identify the individual responsible for preparing interim and final evaluation. This designated individual may obtain information for the evaluation of performance from the program office, administrative contracting office, end users of the product or service, and any other technical or business advisor, as appropriate. Interim evaluations shall be prepared as required.
(c)Agencies shall submit past performance reports electronically to the Past Performance Information Retrieval System (PPIRS) at *http://www.ppirs.gov* in accordance with agency procedures.
(d)Any past performance information systems used for maintaining contractor performance information and/or evaluations should include appropriate management and technical controls to ensure that only authorized personnel have access to the data.
(e)For source selection purposes, agencies shall use the past performance information in PPIRS within three years (six for construction and architect-engineer contracts) of the completion of performance of the evaluated contract or order. PART 53—FORMS 53.236-1 [Amended] 12. Amend section 53.236-1 by removing paragraphs
(a)through
(c)and redesignating existing paragraphs
(d)through
(f)as new paragraphs
(a)through (c), respectively. 53.236-2 [Amended] 13. Amend section 53.236-2 by removing paragraph (c). 53.301-1420 and 53.301-1421 [Removed] 14. Remove sections 53.301-1420 and 53.301-1421. [FR Doc. E8-6795 Filed 4-1-08; 8:45 am] BILLING CODE 6820-EP-P 73 64 Wednesday, April 2, 2008 Notices JOINT BOARD FOR THE ENROLLMENT OF ACTUARIES Meeting of the Advisory Committee; Meeting AGENCY: Joint Board for the Enrollment of Actuaries. ACTION: Notice of Federal Advisory Committee meeting. SUMMARY: The Executive Director of the Joint Board for the Enrollment of Actuaries gives notice of a closed meeting of the Advisory Committee on Actuarial Examinations. DATES: The meeting will be held on April 28, 2008, from 8:30 a.m. to 5 p.m. ADDRESSES: The meeting will be held at Mercer Human Resource Consulting, 1166 Avenue of the Americas, 35th Floor, New York, NY. FOR FURTHER INFORMATION CONTACT: Patrick W. McDonough, Executive Director of the Joint Board for the Enrollment of Actuaries, 202-622-8225. SUPPLEMENTARY INFORMATION: Notice is hereby given that the Advisory Committee on Actuarial Examinations will meet at Mercer Human Resource Consulting, 1166 Avenue of the Americas, 35th Floor, New York, NY on April 28, 2008, from 8:30 a.m. to 5 p.m. The purpose of the meeting is to discuss topics and questions that may be recommended for inclusion on future Joint Board examinations in actuarial mathematics, pension law and methodology referred to in 29 U.S.C. 1242(a)(1)(B). A determination has been made as required by section 10(d) of the Federal Advisory Committee Act, 5 U.S.C. App., that the subject of the meeting falls within the exception to the open meeting requirement set forth in Title 5 U.S.C. 552b(c)(9)(B), and that the public interest requires that such meeting be closed to public participation. Dated: March 27, 2008. Patrick W. McDonough, Executive Director, Joint Board for the Enrollment of Actuaries. [FR Doc. E8-6758 Filed 4-1-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF AGRICULTURE Commodity Credit Corporation Request for Revision and Extension of a Currently Approved Information Collection: Commodity Offer Forms AGENCY: Commodity Credit Corporation, USDA. ACTION: Notice; request for comments. SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the Commodity Credit Corporation
(CCC)is seeking comments from all interested individuals and organizations on an extension with revision of a currently approved information collection. This information collection is necessary to support the procurement of agricultural commodities for domestic and export food donation programs. CCC issues invitations to purchase or process commodities for food donation programs on a monthly, multi-month, quarterly, and yearly basis. Special invitations, however, are issued throughout the month. DATES: Comments on this notice must be received on or before June 2, 2008 to be assured consideration. ADDRESSES: We invite you to submit comments on this notice. In your comment, include date, and page number of this issue of the **Federal Register** . You may submit comments by any of the following methods: *E-mail:* Send comments to: *khristy.baughman@kcc.usda.gov* . *Fax:*
(816)926-1648. *Mail:* Khristy Baughman, Chief, Business Operations Support Division, Kansas City Commodity Office (KCCO), P.O. Box 419205, Kansas City, Missouri 64141-0205. Comments also should be sent to the Office of Information and Regulatory Affairs, Office of Management and Budget, Desk Officer for USDA, Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Khristy Baughman, Chief, Business Operations Support Division, phone
(816)926-12001. SUPPLEMENTARY INFORMATION: *Title:* Offer Forms. *OMB Number:* 0560-0177. *Expiration Date:* 9/30/2008. *Type of Request:* Extension with revision of a currently approved information collection. *Abstract:* The United States donates agricultural commodities domestically and overseas to meet famine or other relief requirements, to combat malnutrition, and sells or donates commodities to promote economic development. CCC issues invitations to purchase or sell agricultural commodities and services for use in domestic and export programs. Vendors respond by making offers using various CCC commodity offer forms. The Export Offer forms and the Annual Certification are prepared and received electronically through the Electronic Bid Entry System (EBES). Most of the Domestic Offer forms (KC-327) are prepared and received electronically through the Domestic Bid Entry System (DEBES) via the Internet. Vendors can access EBES or DEBES on-line to see the date/time the system shows for receipt of bid, bid modification, or bid cancellation. At bid opening date/time, the bids are system evaluated. Acceptance wires are sent to the successful offerors. Awarded contracts are posted on our Web site. *Estimate of Burden:* Public reporting burden for collecting information under this notice is estimated to average 15-30 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. *Respondents:* Business and other for-profit organizations. *Respondents:* 949. *Estimated Number of Annual Responses per Respondent:* 21,748. *Estimated Total Annual Burden on Respondents:* 3,342 hours. Comments are invited on:
(1)Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2)The accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used;
(3)Enhancing the quality, utility and clarity of the information collected; or
(4)Minimizing the burden of the collection of the 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. All responses to this notice, including names and addresses when provided, will be a matter of public record. Comments will be summarized and included in the submission for Office of Management and Budget approval. Signed at Washington, DC, on March 27, 2008. Glen L. Keppy, Executive Vice President, Commodity Credit Corporation. [FR Doc. E8-6720 Filed 4-1-08; 8:45 am] BILLING CODE 3410-05-P DEPARTMENT OF AGRICULTURE Foreign Agricultural Service WTO Agricultural Safeguard Trigger Levels AGENCY: Foreign Agricultural Service, USDA. ACTION: Notice of product coverage and trigger levels for safeguard measures provided for in the World Trade Organization
(WTO)Agreement on Agriculture. SUMMARY: This notice lists the updated quantity trigger levels for products, which may be subject to additional import duties under the safeguard provisions of the WTO Agreement on Agriculture. This notice also includes the relevant period applicable for the trigger levels on each of the listed products. EFFECTIVE DATE: April 2, 2008. FOR FURTHER INFORMATION CONTACT: Lana Bennett, Import and Trade Support Programs Division, Foreign Agricultural Service, U.S. Department of Agriculture, Stop 1021, 1400 Independence Avenue, SW., Washington, DC 20250-1021, telephone at
(202)720-0638, or e-mail *itspd@fas.usda.gov* . SUPPLEMENTARY INFORMATION: Article 5 of the WTO Agreement on Agriculture provides that additional import duties may be imposed on imports of products subject to tariffication as a result of the Uruguay Round if certain conditions are met. The agreement permits additional duties to be charged if the price of an individual shipment of imported products falls below the average price for similar goods imported during the years 1986-88 by a specified percentage. It also permits additional duties to be imposed if the volume of imports of an article exceeds the average of the most recent 3 years for which data are available by 5, 10, or 25 percent, depending on the article. These additional duties may not be imposed on quantities for which minimum or current access commitments were made during the Uruguay Round negotiations, and only one type of safeguard, price or quantity, may be applied at any given time to an article. Section 405 of the Uruguay Round Agreements Act requires that the President cause to be published in the **Federal Register** information regarding the price and quantity safeguards, including the quantity trigger levels, which must be updated annually based upon import levels during the most recent 3 years. The President delegated this duty to the Secretary of Agriculture in Presidential Proclamation No. 6763, dated December 23, 1994, 60 FR 1005 (Jan. 4, 1995). The Secretary of Agriculture further delegated the duty to the Administrator of the Foreign Agricultural Service (7 CFR 2.43(a)(2)(2007)). The Annex to this notice contains the updated quantity trigger levels. Additional information on the products subject to safeguards and the additional duties which may apply can be found in subchapter IV of Chapter 99 of the Harmonized Tariff Schedule of the United States and in the Secretary of Agriculture's Notice of Safeguard Action, published in the **Federal Register** at 60 FR 427, January 4, 1995. *Notice:* As provided in section 405 of the Uruguay Round Agreements Act, consistent with Article 5 of the Agreement on Agriculture, the safeguard quantity trigger levels previously notified are superceded by the levels indicated in the Annex to this notice. The definitions of these products were provided in the Notice of Safeguard Action published in the **Federal Register** , at 60 FR 427, January 4, 1995. Issued at Washington, DC this 26th day of March, 2008. Michael W. Yost, Administrator, Foreign Agricultural Service. Annex.—Quantity-Based Safeguard Trigger Product Trigger level Period Beef 412,848 mt January 1, 2008 to December 31, 2008. Mutton 2,455 mt January 1, 2008 to December 31, 2008. Cream 1,683,273 liters January 1, 2008 to December 31, 2008. Evaporated or Condensed Milk 6,393,713 kilograms January 1, 2008 to December 31, 2008. Nonfat Dry Milk 501,702 kilograms January 1, 2008 to December 31, 2008. Dried Whole Milk 3,300,683 kilograms January 1, 2008 to December 31, 2008. Dried Cream 16,575 kilograms January 1, 2008 to December 31, 2008. Dried Whey/Buttermilk 57,385 kilograms January 1, 2008 to December 31, 2008. Butter 8,119,255 kilograms January 1, 2008 to December 31, 2008. Butter Oil and Butter Substitutes 7,852,361 kilograms January 1, 2008 to December 31, 2008. Dairy Mixtures 59,001,920 kilograms January 1, 2008 to December 31, 2008. Blue Cheese 5,312,438 kilograms January 1, 2008 to December 31, 2008. Cheddar Cheese 12,878,813 kilograms January 1, 2008 to December 31, 2008. American-Type Cheese 8,616,224 kilograms January 1, 2008 to December 31, 2008. Edam/Gouda Cheese 8,348,479 kilograms January 1, 2008 to December 31, 2008. Italian-Type Cheese 22,934,090 kilograms January 1, 2008 to December 31, 2008. Swiss Cheese with Eye Formation 32,795,660 kilograms January 1, 2008 to December 31, 2008. Gruyere Process Cheese 7,028,728 kilograms January 1, 2008 to December 31, 2008. Lowfat Cheese 1,519,025 kilograms January 1, 2008 to December 31, 2008. NSPF Cheese 54,012,829 kilograms January 1, 2008 to December 31, 2008. Peanuts 15,634 mt April 1, 2007 to March 31, 2008. 12,096 mt April 1, 2008 to March 31, 2009. Peanut Butter/Paste 3,833 mt January 1, 2008 to December 31, 2008. Raw Cane Sugar 1,411,011 mt October 1, 2007 to September 30, 2008. 1,462,968 mt October 1, 2008 to September 30, 2009. Refined Sugar and Syrups 158,544 mt October 1, 2007 to September 30, 2008. 175,217 mt October 1, 2008 to September 30, 2009. Blended Syrups 29 mt October 1, 2007 to September 30, 2008. 72 mt October 1, 2008 to September 30, 2009. Articles Over 65% Sugar 593 mt October 1, 2007 to September 30, 2008. 669 mt October 1, 2008 to September 30, 2009. Articles Over 10% Sugar 17,655 mt October 1, 2007 to September 30, 2008. 16,759 mt October 1, 2008 to September 30, 2009. Sweetened Cocoa Powder 1,083 mt October 1, 2007 to September 30, 2008. 1,329 mt October 1, 2008 to September 30, 2009. Chocolate Crumb 9,137,158 kilograms January 1, 2008 to December 31, 2008. Lowfat Chocolate Crumb 321,752 kilograms January 1, 2008 to December 31, 2008. Infant Formula Containing Oligosaccharides 21,932 kilograms January 1, 2008 to December 31, 2008. Mixes and Doughs 111 mt October 1, 2007 to September 30, 2008. 243 mt October 1, 2008 to September 30, 2009. Mixed Condiments and Seasonings 126 mt October 1, 2007 to September 30, 2008. 128 mt October 1, 2008 to September 30, 2009. Ice Cream 2,228,293 liters January 1, 2008 to December 31, 2008. Animal Feed Containing Milk 29,683 kilograms January 1, 2008 to December 31, 2008. Short Staple Cotton 128,095 kilograms September 20, 2007 to September 19, 2008. 669,917 kilograms September 20, 2008 to September 19, 2009. Harsh or Rough Cotton 0 kilograms August 1, 2007 to July 31, 2008. 0 kilograms August 1, 2008 to July 31, 2009. Medium Staple Cotton 2,113,814 kilograms August 1, 2007 to July 31, 2008. 1,723,796 kilograms August 1, 2008 to July 31, 2009. Extra Long Staple Cotton 7,045,601 kilograms August 1, 2007 to July 31, 2008. 4,416,936 kilograms August 1, 2008 to July 31, 2009. Cotton Waste 5,128 kilograms September 20, 2007 to September 19, 2008. 70,768 kilograms September 20, 2008 to September 19, 2009. Cotton, Processed, Not Spun 19,473 kilograms September 11, 2007 to September 10, 2008. 10,205 kilograms September 11, 2008 to September 10, 2009. [FR Doc. E8-6640 Filed 4-1-08; 8:45 am] BILLING CODE 3410-10-M DEPARTMENT OF COMMERCE Bureau of Industry and Security Proposed Information Collection; Comment Request; Competitive Enhancement Needs Assessment Survey Program AGENCY: Bureau of Industry and Security, Commerce. ACTION: Notice. SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before June 2, 2008. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dHynek@doc.gov* ). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Larry Hall, BIS ICB Liaison,
(202)482-4896, *lhall@bis.doc.gov* . SUPPLEMENTARY INFORMATION: I. Abstract The Defense Production Act of 1950, as amended, and Executive Order 12919, authorizes the Secretary of Commerce to assess the capabilities of the defense industrial base to support the national defense. They also develop policy alternatives to improve the international competitiveness of specific domestic industries and their abilities to meet defense program needs. The information collected from voluntary surveys will be used to assist small- and medium-sized firms in defense transition and in gaining access to advanced technologies and manufacturing processes available from Federal Laboratories. The goal is to improve regions of the country adversely affected by cutbacks in defense spending and military base closures. II. Method of Collection Surveys will be electronically submitted. III. Data *OMB Control Number:* 0694-0083. *Form Number(s):* None. *Type of Review:* Business or other for-profit organizations. *Estimated Number of Respondents:* 3,000. *Estimated Time Per Response:* 30 minutes. *Estimated Total Annual Burden Hours:* 1,500. *Estimated Total Annual Cost to Public:* $0. IV. Request for Comments Comments are invited on:
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected; and
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: March 27, 2008. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E8-6685 Filed 4-1-08; 8:45 am] BILLING CODE 3510-33-P DEPARTMENT OF COMMERCE Bureau of Industry and Security Proposed Information Collection; Comment Request; National Defense Authorization Act AGENCY: Bureau of Industry and Security, Commerce. ACTION: Notice. SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before June 2, 2008. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dHynek@doc.gov* ). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Larry Hall, BIS ICB Liaison,
(202)482-4896, *lhall@bis.doc.gov.* SUPPLEMENTARY INFORMATION: I. Abstract This collection of information is required under the Export Administration Regulations (EAR, 15 CFR parts 730-799) for exports and reexports of certain high performance computers as mandated by Sections 1211-1215 of the National Defense Authorization Act (NDAA, Pub. L. 105-85, 111 Stat. 1629). Exporters are required to provide a post-shipment report on the export or reexport of certain high performance computers to certain destinations, no later than the last day of the month following the month in which the export takes place. II. Method of Collection Paper format. III. Data *OMB Control Number:* 0694-0107. *Form Number(s):* None. *Type of Review:* Business or other for-profit organizations. *Estimated Number of Respondents:* 5. *Estimated Time per Response:* 15 minutes. *Estimated Total Annual Burden Hours:* 3. *Estimated Total Annual Cost to Public:* $0. IV. Request for Comments Comments are invited on:
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected; and
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: March 27, 2008. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E8-6686 Filed 4-1-08; 8:45 am] BILLING CODE 3510-33-P DEPARTMENT OF COMMERCE International Trade Administration [Application No. 08-00003] Export Trade Certificate of Review ACTION: Notice of Application for an Export Trade Certificate of Review from Agla Trade Link International. SUMMARY: Export Trading Company Affairs (“ETCA”), International Trade Administration, Department of Commerce, has received an application for an Export Trade Certificate of Review (“Certificate”). This notice summarizes the conduct for which certification is sought and requests comments relevant to whether the Certificate should be issued. FOR FURTHER INFORMATION CONTACT: Jeffrey Anspacher, Director, Export Trading Company Affairs, International Trade Administration, by telephone at
(202)482-5131 (this is not a toll-free number) or E-mail at *oetca@ita.doc.gov* . SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act of 1982 (15 U.S.C. 4001-21) authorizes the Secretary of Commerce to issue Export Trade Certificates of Review. An Export Trade Certificate of Review protects the holder and the members identified in the Certificate from state and federal government antitrust actions and from private treble damage antitrust actions for the export conduct specified in the Certificate and carried out in compliance with its terms and conditions. Section 302(b)(1) of the Export Trading Company Act of 1982 and 15 CFR 325.6(a) require the Secretary to publish a notice in the **Federal Register** identifying the applicant and summarizing its proposed export conduct. Request for Public Comments Interested parties may submit written comments relevant to the determination whether a Certificate should be issued. If the comments include any privileged or confidential business information, it must be clearly marked and a nonconfidential version of the comments (identified as such) should be included. Any comments not marked privileged or confidential business information will be deemed to be nonconfidential. An original and five
(5)copies, plus two
(2)copies of the nonconfidential version, should be submitted no later than 20 days after the date of this notice to: Export Trading Company Affairs, International Trade Administration, U.S. Department of Commerce, Room 7021-X, Washington, DC 20230. Information submitted by any person is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552). However, nonconfidential versions of the comments will be made available to the applicant if necessary for determining whether or not to issue the Certificate. Comments should refer to this application as “Export Trade Certificate of Review, application number 08-00003.” A summary of the application follows. Summary of the Application *Applicant:* Agla Trade Link International, 193 Cooper Beech Glen #1, Hercules, CA 94547. *Contact:* Mr. Roger Ditta, Telephone:
(510)776-7448. *Application No.:* 08-00003. *Date Deemed Submitted:* March 20, 2008. *Members* (in addition to applicant): None. Agla Trade Link International seeks a Certificate to cover the following specific Export Trade, Export Markets, and Export Trade Activities and Methods of Operations. Export Trade 1. *Products* All Products. 2. *Services* All Services. 3. *Technology Rights* Technology rights, including, but not limited to, patents, trademarks, copyrights, and trade secrets, that relate to Products and Services. 4. *Export Trade Facilitation Services (as they relate to the export of Products, Services, and Technology Rights)* Export Trade Facilitation Services include professional services in the areas of government relations and assistance with state and federal programs; foreign trade and business protocol; consulting; market research and analysis; collection of information on trade opportunities; marketing; negotiations; joint ventures; shipping; export management; export licensing; advertising; documentation and services related to compliance with customs requirements; insurance and financing; trade show exhibitions; organizational development; management and labor strategies; transfer of technology; transportation; and facilitating the formation of shippers' associations. Export Markets The Export Markets include all parts of the world except the United States (the fifty states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands). Export Trade Activities and Methods of Operation 1. With respect to the sale of Products and Services, licensing of Technology Rights and the provision of Export Trade Facilitation Services, Agla Trade Link International, subject to the terms and conditions listed below, may: a. Provide and arrange for the provision of Export Trade Facilitation Services; b. Engage in promotional and marketing activities and collect information on trade opportunities in the Export Markets and distribute such information to clients; c. Enter into exclusive and/or non-exclusive licensing and/or sales agreements with Suppliers for the export of Products, Services, and/or Technology Rights to Export Markets; d. Enter into exclusive and/or non-exclusive agreements with distributors and/or sales representatives in Export Markets; e. Allocate export sales or divide Export Markets among Suppliers for the sale and/or licensing of Products, Services, and/or Technology Rights; f. Allocate export orders among Suppliers; g. Establish the price of Products, Services, and/or Technology Rights for sales and/or licensing in Export Markets; h. Negotiate, enter into, and/or manage licensing agreements for the export of Technology Rights; and i. Enter into contracts for shipping. 2. Agla Trade Link International and individual Suppliers may regularly exchange information on an individual one-on-one basis regarding that Supplier's inventories and near-term production schedules in order that the availability of Products for export can be determined and effectively coordinated by Agla Trade Link International with its distributors in Export Markets. Terms and Conditions of Certificate 1. Agla Trade Link International, including its officers, employees or agents, shall not intentionally disclose, directly or indirectly, to any Supplier (including parent companies, subsidiaries, or other entities related to any Supplier) any information about any other Supplier's costs, production, capacity, inventories, domestic prices, domestic sales, terms of domestic marketing or sale, or U.S. business plans, strategies, or methods unless such information is already generally available to the trade or public. 2. Agla Trade Link International, will comply with requests made by the Secretary of Commerce on behalf of the Secretary or the Attorney General for information or documents relevant to conduct under the Certificate. The Secretary of Commerce will request such information or documents when either the Attorney General or the Secretary believes that the information or documents are required to determine that the Export Trade, Export Trade Activities and Methods of Operation of a person protected by this Certificate of Review continue to comply with the standards of Section 303(a) of the Act. Definition “Supplier” means a person who produces, provides, or sells Products, Services, and/or Technology Rights. Dated: March 27, 2008. Jeffrey Anspacher, Director, Export Trading Company Affairs. [FR Doc. E8-6822 Filed 4-1-08; 8:45 am] BILLING CODE 3510-DR-P DEPARTMENT OF COMMERCE International Trade Administration [A-274-804] Carbon and Certain Alloy Steel Wire Rod from Trinidad and Tobago: Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (“the Department”) has received information sufficient to warrant initiation of a changed circumstances review of the antidumping duty order of carbon and certain alloy steel wire rod (“steel wire rod”) from Trinidad and Tobago. 1 Based on this information, we preliminarily determine that Arcelor Mittal Point Lisas Limited (“AMPL”) is the successor-in-interest to Mittal Steel Point Lisas Limited (“MSPL”), formerly Caribbean Ispat Limited (“CIL”), a respondent in the less-than-fair-value investigation and that, as such, AMPL is entitled to receive the same antidumping duty treatment accorded MSPL. 1 *See Notice of Antidumping Duty Orders: Carbon and Certain Alloy Steel Wire Rod from Brazil, Indonesia, Mexico, Moldova, Trinidad and Tobago, and Ukraine* , 67 FR 65945 (October 29, 2002) (“ *Antidumping Order* ”). EFFECTIVE DATE: April 2, 2008. FOR FURTHER INFORMATION CONTACT: Dennis McClure or Stephanie Moore, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14 th Street & Constitution Avenue, NW, Washington, DC 20230; telephone:
(202)482-5973 and
(202)482-3692, respectively. SUPPLEMENTARY INFORMATION: Background On October 29, 2002, the Department published in the **Federal Register** an antidumping duty order on steel wire rod from Trinidad and Tobago. *See Antidumping Order* . The current scope of the merchandise subject to this order was published in the *Carbon and Alloy Steel Wire Rod from Trinidad and Tobago: Final Results of Antidumping Duty Administrative Review* ,72 FR 62824 (November 7, 2007). One of the companies subject to the investigation was CIL. On July 6, 2005, the Department determined that MSPL was the successor-in-interest to CIL. *See Notice of Final Result of Antidumping Duty Changed Circumstances Review: Carbon and Certain Alloy Steel Wire Rod from Trinidad and Tobago* , 70 FR 38871 (July 6, 2005). The Department has completed administrative reviews covering
(1)April 2002 through September 2003,
(2)October 2003 through September 2004,
(3)October 2004 through September 2005, and
(4)October 2005 through September 2006, and is currently conducting an administrative review covering October 2006 through September 2007. 2 2 *Notice of Final Results of Antidumping Duty Administrative Review: Carbon and Certain Alloy Steel Wire Rod from Trinidad and Tobago* , 70 FR 12648 (March 15, 2005); *Notice of Final Results of Antidumping Duty Administrative Review: Carbon and Certain Alloy Steel Wire Rod from Trinidad and Tobago* , 70 FR 69512 (November 16, 2005); *Carbon and Alloy Steel Wire Rod from Trinidad and Tobago: Final Results of Antidumping Duty Administrative Review* ,72 FR 9922 (March 6, 2007); *Carbon and Alloy Steel Wire Rod from Trinidad and Tobago: Final Results of Antidumping Duty Administrative Review* ,72 FR 62824 (November 7, 2007); and *Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part* , 72 FR 65938 (November 26, 2007), respectively. On January 30, 2008, AMPL requested that the Department initiate and conduct an expedited changed circumstances review to determine that for purposes of the antidumping law, AMPL is the successor-in-interest to MSPL. *See* January 30, 2008, letter from AMPL to the Secretary of Commerce. AMPL claimed that counsel for petitioners 3 in this proceeding indicated their consent to this request. On February 8, 2008, AMPL provided correspondence from counsel to the petitioners confirming petitioners' consent to this request. 3 Gerdau Ameristeel US Inc., Nucor Connecticut Inc., Keystone Consolidated Industries, Inc., Rocky Mountain Steel Mills, U.S. Initiation and Preliminary Results of Changed Circumstances Review Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (“the Act”), and 19 CFR 351.216, the Department will conduct a changed circumstances review upon receipt of information concerning, or a request from an interested party for review of, an antidumping duty order which shows changed circumstances sufficient to warrant a review of the order. In this case, the Department finds that the information submitted by the respondent provides sufficient evidence of changed circumstances to warrant a review to determine whether AMPL is the successor-in-interest to MSPL. Thus, in accordance with section 751(b) of the Act, the Department is initiating a changed circumstances review to determine whether AMPL is the successor-in-interest to MSPL for purposes of determining antidumping duty liability with respect to imports of steel wire rod from Trinidad and Tobago. Furthermore, 19 CFR 351.221(c)(3)(ii) permits the Department to combine the notice of initiation of a changed circumstances review and the notice of preliminary results in a single notice if the Department concludes that expedited action is warranted. In this case, we find that the evidence provided by AMPL is sufficient to preliminarily determine that its change of corporate name from MSLP to AMPL did not affect the company's operations. In making a successor-in-interest determination, the Department examines several factors including, but not limited to, changes in:
(1)management;
(2)production facilities;
(3)supplier relationships; and
(4)customer base. *See* , *e.g.* , *Notice of Final Results of Changed Circumstances Antidumping Duty Administrative Review: Polychloroprene Rubber From Japan* , 67 FR 58 (January 2, 2002); *Brass Sheet and Strip from Canada: Final Results of Antidumping Duty Administrative Review* , 57 FR 20460, 20462 (May 13, 1992). While no single factor or combination of factors will necessarily provide a dispositive indication of a successor-in-interest relationship, the Department will generally consider the new company to be the successor to the previous company if the new company's resulting operation is not materially dissimilar to that of its predecessor. *See* , *e.g.* , *Fresh and Chilled Atlantic Salmon from Norway; Final Results of Changed Circumstances Antidumping Duty Administrative Review* , 64 FR 9979 (March 1, 1999); *Industrial Phosphoric Acid from Israel; Final Results of Changed Circumstances Review* , 59 FR 6944 (February 14, 1994). Thus, if the evidence demonstrates that, with respect to the production and sale of the subject merchandise, the new company operates as the same business entity as the former company, the Department will accord the new company the same antidumping treatment as its predecessor. In accordance with 19 CFR 351.221(c)(3)(ii), we preliminarily determine that AMPL is the successor-in-interest to MSPL. In its January 30, 2008, submission AMPL provided evidence supporting its claim to be the successor-in-interest to MSPL. Documentation attached to AMPL's January 30, 2008, submission shows that the merger of Arcelor and Mittal Steel (MSPL's parent company) and the following name change to AMPL resulted in little or no change in management, production facility, supplier relationships, or customer base. This documentation consists of:
(1)a press releases regarding the name change of Mittal Steel and Arcelor;
(2)the merger proposal between Arcelor Mittal and Mittal Steel;
(3)Form 425 filed with the Securities and Exchange Commission explaining the first step of the merger;
(4)excerpts of ArcelorMittal's proxy statement concerning the merger of Mittal Steel;
(5)a press release concerning details of the merger of AcelorMittal into Arcelor;
(6)excerpts of ArcelorMittal's proxy statement concerning the merger into Arcelor;
(7)a news article explaining the merger of ArcelorMittal into Arcelor;
(8)an ArcelorMittal news release concerning the merger of ArcelorMittal into Arcelor;
(9)a certificate of amendment concerning MSPL's name change to AMPL;
(10)documentation certifying that AMPL maintains the same VAT tax ID number;
(11)a letter from the bank confirming that AMPL maintains the same bank account MSPL had;
(12)an organizational chart reflecting the organization of MSPL and AMPL;
(13)certification from company officials at AMPL stating that neither management nor corporate structure of AMPL has changed because of the name change;
(14)a letter from AMPL's lessor acknowledging that AMPL will occupy the same premises and continue MSPL's lease;
(15)a list of suppliers before and after the name change; and
(16)a list of customers identifying the same customers before and after the name change. The documentation described above demonstrates that there was little to no change in management structure, supplier relationships, production facilities, or customer base. Therefore, we determine that expedited action is warranted and we preliminarily find that AMPL is the successor-in-interest to MSPL and, thus, should receive the same antidumping duty treatment with respect to steel wire rod from Trinidad and Tobago as the former MSPL. Because we have concluded that expedited action is warranted, we are combining these notices of initiation and preliminary results. Public Comment Any interested party may request a hearing within 30 days of publication of this notice. Any hearing, if requested, will be held no later than 44 days after the date of publication of this notice, or the first workday thereafter. Case briefs from interested parties may be submitted not later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to the issues raised in those comments, may be filed not later than 37 days after the date of publication of this notice. All written comments shall be submitted in accordance with 19 CFR 351.303. Persons interested in attending the hearing, if one is requested, should contact the Department for the date and time of the hearing. The Department will publish the final results of this changed circumstances review, in accordance with 19 CFR 351.216(e), including the results of its analysis of issues raised in any written comments. The current requirement for a cash deposit of estimated antidumping duties on all subject merchandise will continue unless and until it is modified pursuant to the final results of this changed circumstances review. We are issuing and publishing these results and notice in accordance with sections 751(b)(1) and 777(i)(1) and
(2)of the Act and 19 CFR 351.216. Dated: March 27, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8-6842 Filed 4-1-08; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-821-801] Solid Urea From the Russian Federation: Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: April 2, 2008. FOR FURTHER INFORMATION CONTACT: Thomas Schauer or Minoo Hatten, AD/CVD Operations Office 5, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202)482-0410 and
(202)482-1690, respectively. SUPPLEMENTARY INFORMATION: Background At the request of EuroChem, a Russian producer and exporter of solid urea from the Russian Federation, the Department of Commerce (the Department) initiated an administrative review of the antidumping duty order on solid urea from Russia for the period July 1, 2006, through June 30, 2007. *See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part* , 72 FR 48613 (August 20, 2007). The preliminary results of this administrative review are currently due no later than April 1, 2008. Extension of Time Limit for Preliminary Results of Review Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), requires the Department to issue the preliminary results of an administrative review of an antidumping duty order within 245 days after the last day of the month in which the anniversary of the date of publication of the order occurs. The Act provides further that, if it is not practicable to complete the review within the 245 days, the Department may extend the 245-day period to 365 days. We determine that it is not practicable to complete the preliminary results by the current deadline of April 1, 2008. Specifically, we are conducting a concurrent new-shipper review which covers the same entry as is covered by this administrative review and it is not practicable to complete the preliminary results of this review prior to the conclusion of the new-shipper review. Therefore, in accordance with section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(2), we are extending the time period for issuing the preliminary results of this review by 120 days to July 30, 2008. The final results of this review continue to be due 120 days after the date of issuance of the preliminary results of the administrative review. This notice is published in accordance with section 751(751(a)(3)(A) of the Act and 19 CFR 351.213(h)(2). Dated: March 26, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8-6839 Filed 4-1-08; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration Rice University, Notice of Decision on Application for Duty-Free Entry of Scientific Instrument This is a decision pursuant to Section 6(c) of the Educational, Scientific, and Cultural Materials Importation Act of 1966 (Pub. L. 89-651, as amended by Pub. L.106-36; 80 Stat. 897; 15 CFR part 301). Related records can be viewed between 8:30 A.M. and 5:00 P.M. in Room 2104, U.S. Department of Commerce, 14th and Constitution Ave, NW, Washington, D.C. Comments: None received. Decision: Approved. We know of no instrument of equivalent scientific value to the foreign instruments described below, for such purposes as each is intended to be used, that was being manufactured in the United States at the time of its order. *Docket Number: 08-003* . Applicant: Rice University, Houston, TX 77005. Instrument: Variable Temperature High Magnetic Field Nanometer-Precision Probe Station. Manufacturer: Attocube Systems AG, Germany. Intended Use: See notice at 73 FR 12375, March 7, 2008. Reasons: This instrument can supply a cryostate and magnet system with four independently nanopositionable probes. This variable temperature probe system is unique and is essential to enable a variety of physics and chemistry research efforts involving nanomaterials. Dated: March 28, 2008. Faye Robinson, Director, Statutory Import Programs Staff, Import Administration. [FR Doc. E8-6843 Filed 4-1-08; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration VA Connecticut Healthcare System, et al., Notice of Consolidated Decision on Applications for Duty-Free Entry of Electron Microscopes This is a decision consolidated pursuant to Section 6(c) of the Educational, Scientific, and Cultural Materials Importation Act of 1966 (Pub. L. 89-651, 80 Stat. 897; 15 CFR part 301). Related records can be viewed between 8:30 A.M. and 5:00 P.M. in Room 2104, U.S. Department of Commerce, 14th and Constitution Avenue., NW, Washington, D.C. *Docket Number: 08-004.* Applicant: VA Connecticut Healthcare System, West Haven, CT 06516. Instrument: Electron Microscope, Model JEM-1011. Manufacturer: Jeol, Inc., Japan. Intended Use: See notice at 73 FR 12078, March 6, 2008. *Docket Number: 08-005* . Applicant: University of Utah, Salt Lake City, UT 84112. Instrument: Electron Microscope, Model 600 Quanta FEG. Manufacturer: FEI Company, Czech Republic. Intended Use: See notice at 73 FR 12078, March 6, 2008. *Docket Number: 08-006* . Applicant: Advocate Lutheran General Hospital-EM/Pathology, Park Ridge, IL 60068. Instrument: Electron Microscope, Model H-7650. Manufacturer: Hitachi High-Technologies Corp., Japan. Intended Use: See notice at 73 FR 12078, March 6, 2008. Comments: None received. Decision: Approved. No instrument of equivalent scientific value to the foreign instrument, for such purposes as these instruments are intended to be used, was being manufactured in the United States at the time the instruments were ordered. Reasons: Each foreign instrument is an electron microscope and is intended for research or scientific educational uses requiring an electron microscope. We know of no electron microscope, or any other instrument suited to these purposes, which was being manufactured in the United States at the time of order of each instrument. Dated: March 27, 2008. Faye Robinson, Director, Statutory Import Programs Staff, Import Administration. [FR Doc. E8-6841 Filed 4-1-08; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE National Institute of Standards and Technology Proposed Information Collection; Comment Request; Project 25 Compliance Assessment Program—Laboratory Application for Assessment and Recognition AGENCY: National Institute of Standards and Technology (NIST), Commerce. ACTION: Notice. SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before June 2, 2008. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dHynek@doc.gov* ). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Dereck Orr, Program Manager for Public Safety Communications, NIST's Office of Law Enforcement Standards, Building 1, Room 2209, Boulder, CO 80305; 303-497-5400 (or via the Internet at *dereck.orr@nist.gov* ). SUPPLEMENTARY INFORMATION: I. Abstract The September 11 attacks and Hurricane Katrina made apparent the need for public safety radio systems to interoperate, regardless of who manufactured the equipment. In response, and per Congressional direction, the National Institute of Standards and Technology
(NIST)and the Department of Homeland Security
(DHS)developed the Project 25 Compliance Assessment Program (P25 CAP) to improve public safety confidence in purchasing land mobile radio
(LMR)equipment built to Project 25 LMR
(P25)standards. Especially those P25 standards related to improving interoperability between different manufacturer's radio systems. The NIST/DHS P25 CAP is the system that will improve the conformance, performance and interoperability of LMR used by public safety personnel. The P25 CAP is a voluntary system that provides a mechanism for the recognition of testing laboratories based on internationally accepted standards. It identifies competent laboratories through assessments by trained Laboratory Assessment Teams and promotes the acceptance of compliant test results from these laboratories. Information collected through this process is to establish the suitability of applying laboratories, confirm equipment as meeting P25 standards, and gather basic business information. II. Method of Collection The application will be available on NIST/Office of Law Enforcement Standards Web site ( *http://www.eeel.nis.gov/oles/public_safety.html* ) in Adobe PDF format. The form can be completed on-line or by hand and submitted via facsimile, e-mail or mail to the designated official listed on the application. III. Data *OMB Control Number:* None. *Form Number:* None. *Type of Review:* Regular submission. *Affected Public:* Business or other for-profit organizations; not-for-profit institutions; federal government; and state, local or tribal government. *Estimated Number of Respondents:* 20. *Estimated Time per Response:* 1 hour. *Estimated Total Annual Burden Hours:* 20. *Estimated Total Annual Cost to Public:* $100. IV. Request for Comments Comments are invited on:
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected; and
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: March 27, 2008. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E8-6684 Filed 4-1-08; 8:45 am] BILLING CODE 3510-13-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG83 Endangered Species; File No. 13330 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application. SUMMARY: Notice is hereby given that the Southeast Fisheries Science Center (Responsible Official - Bonnie Ponwith), National Marine Fisheries Service, 75 Virginia Drive, Miami, Florida 33149 has applied in due form for a permit to take smalltooth sawfish ( *Pristis pectinata* ) for purposes of scientific research. DATES: Written, telefaxed, or e-mail comments must be received on or before May 2, 2008. ADDRESSES: The application and related documents are available for review upon written request or by appointment in the following office(s): Permits, Conservation and Education Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301)713-2289; fax (301)427-2521; and Southeast Region, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701; phone (727)824-5312; fax (727)824-5309. Written comments or requests for a public hearing on this application should be mailed to the Chief, Permits, Conservation and Education Division, F/PR1, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910. Those individuals requesting a hearing should set forth the specific reasons why a hearing on this particular request would be appropriate. Comments may also be submitted by facsimile at (301)427-2521, provided the facsimile is confirmed by hard copy submitted by mail and postmarked no later than the closing date of the comment period. Comments may also be submitted by e-mail. The mailbox address for providing e-mail comments is *NMFS.Pr1Comments@noaa.gov* . Include in the subject line of the e-mail comment the following document identifier: File No. 13330. FOR FURTHER INFORMATION CONTACT: Patrick Opay or Jennifer Skidmore, (301)713-2289. SUPPLEMENTARY INFORMATION: The subject permit is requested under the authority of the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 *et seq.* ) and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR 222-226). The applicant proposes to collect data on the biology, distribution and abundance of the endangered smalltooth sawfish in order to facilitate the recovery of the species. All sawfish captured during field surveys would be handled, measured, tagged, sampled, and released alive. Capture methods would include longline, rod and reel, set lines (drum lines), gill nets, and beach seines. Tagging methods include rototags (fin tags), plastic headed dart tags, Passive Integrated Transponder
(PIT)tags, acoustic tags (transmitters), Pop-Up Archival Transmitting
(PAT)tags, and Smart Position Only Transmitting
(SPOT)tags. Sampling would include a small fin clip and a small blood sample. Sawfish acquired through dead strandings or from law enforcement confiscations would be measured and sampled for scientific purposes. Sampling would occur in Florida, with the goal of taking 45 smalltooth sawfish per year. The applicant requests a permit for five years. Incidental take of sea turtles, sturgeon, coral, dolphins, alligators, crocodiles and manatees are unlikely but possible. Dated: March 27, 2008. P. Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E8-6849 Filed 4-1-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG82 Endangered Species; File Nos. 13306 and 13307 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of applications. SUMMARY: Notice is hereby given that Karen Holloway-Adkins, East Coast Biologists, Inc., P.O. Box 33715, Indialantic, FL 32903 (File No. 13306) and Kristen Hart, 600 4 th Street South, St. Petersburg, FL, 33701 (File No. 13307) have applied in due form for permits to take green ( *Chelonia mydas* ), loggerhead ( *Caretta caretta* ), and hawksbill ( *Eretmochelys imbricata* ) sea turtles for purposes of scientific research. DATES: Written, telefaxed, or e-mail comments must be received on or before May 2, 2008. ADDRESSES: The applications and related documents are available for review upon written request or by appointment in the following office(s): Permits, Conservation and Education Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301)713-2289; fax (301)427-2521; and Southeast Region, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701; phone (727)824-5312; fax (727)824-5309. Written comments or requests for a public hearing on this application should be mailed to the Chief, Permits, Conservation and Education Division, F/PR1, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910. Those individuals requesting a hearing should set forth the specific reasons why a hearing on this particular request would be appropriate. Comments may also be submitted by facsimile at (301)427-2521, provided the facsimile is confirmed by hard copy submitted by mail and postmarked no later than the closing date of the comment period. Comments may also be submitted by e-mail. The mailbox address for providing e-mail comments is *NMFS.Pr1Comments@noaa.gov* . Include in the subject line of the e-mail comment the following document identifier: File Nos. 13306 and/or 13307. FOR FURTHER INFORMATION CONTACT: Kate Swails or Patrick Opay, (301)713-2289. SUPPLEMENTARY INFORMATION: The subject permit is requested under the authority of the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 *et seq.* ) and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR 222-226). *File No. 13306:* Ms. Holloway-Adkins proposes to capture up to 60 green and 5 loggerhead sea turtles annually. The turtles would be weighed, measured, flipper tagged, Passive Integrated Transponder
(PIT)tagged, and blood and tissue sampled. A subset of green turtles would be lavaged. The applicant would also conduct visual transect surveys. This research would characterize the turtle aggregation using the nearshore reef system of Brevard county, Florida as well as monitor the impact of local beach nourishment activities on the sea turtles and their habitat. *File No. 13307:* Dr. Hart proposes to capture up to 30 green, 20 hawksbill, and 20 loggerhead sea turtles annually. Turtles would be weighed, measured, flipper tagged, PIT tagged, blood sampled, tissue sampled, fecal sampled, and lavaged. A subset of turtles would be tagged with a satellite tag or acoustic transmitter or a combination of both. This research would address fine-scale temporal and spatial patterns of sea turtle habitat use, ecology, and genetic origin within the Dry Tortugas National Park. Both permits would be issued for five years. Dated: March 27, 2008. P. Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E8-6850 Filed 4-1-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG81 Marine Mammals; File No. 1121-1900 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application for amendment. SUMMARY: Notice is hereby given that NOAA Fisheries Office of Science and Technology (Principal Investigator: Dr. Brandon Southall), Silver Spring, MD, has requested an amendment to Scientific Research Permit No. 1121-1900. DATES: Written, telefaxed, or e-mail comments must be received on or before May 2, 2008. ADDRESSES: The amendment request and related documents are available for review upon written request or by appointment in the following office(s): Permits, Conservation and Education Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301)713-2289; fax (301)427-2521; *http://www.nmfs.noaa.gov/pr/permits/review.htm* ; and Southeast Region, NMFS, 263 13th Avenue South, Saint Petersburg, Florida 33701; phone (727)824-5312; fax (727)824-5309. Written comments or requests for a public hearing on this request should be submitted to the Chief, Permits, Conservation and Education Division, F/PR1, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910. Those individuals requesting a hearing should set forth the specific reasons why a hearing on this particular amendment request would be appropriate. Comments may also be submitted by facsimile at (301)427-2521, provided the facsimile is confirmed by hard copy submitted by mail and postmarked no later than the closing date of the comment period. Comments may also be submitted by e-mail. The mailbox address for providing e-mail comments is *NMFS.Pr1Comments@noaa.gov* . Include in the subject line of the e-mail comment the following document identifier: File No. 1121-1900. FOR FURTHER INFORMATION CONTACT: Tammy Adams or Jolie Harrison, (301)713-2289. SUPPLEMENTARY INFORMATION: The subject amendment to Permit No. 1121-1900 is requested under the authority of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 *et seq.* ), the regulations governing the taking and importing of marine mammals (50 CFR part 216), the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 *et seq.* ), and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR 222-226). Permit No. 1121-1900, issued on August 13, 2007 (72 FR 46312), authorizes the permit holder to attach scientific instruments (digital archival recording tags) temporarily via suction cup to, photograph for identification, and expose to controlled levels of natural and anthropogenic underwater sounds, including signals simulating mid-frequency sonar, a variety of cetaceans in the Tongue of the Ocean (east of Andros Island, Bahamas). Whales are monitored visually and through passive acoustic monitoring (via an underwater hydrophone array), as well as through data from the tags, for responses to the sounds. Sloughed skin samples collected from the detached suction cup may be imported into the U.S. for analysis. The objective of the research is to collect underpinning data to evaluate the risk of mid-frequency sonars to beaked whales and other toothed whales by making direct measurements of behavioral responses to sound exposure. The permit is due to expire on January 1, 2009. The permit holder requests authorization to extend the duration of the permit for three years beyond the original expiration date to allow for three additional field seasons, permit an increase in the number of marine mammals that may be harassed annually, and allow playbacks directed at small cetacean species not targeted previously (though previously permitted for indirect exposure to the playbacks). The amendment would not change the location of the research, the species of marine mammals that may be affected, or the level of take (level B harassment) permitted. The primary purpose of the proposed amendment is to allow additional field work and validation studies following the preliminary study conducted under the permit issued in 2007. Please refer to Table 1 of the supplemental environmental assessment
(EA)for a list of species and comparison of take numbers currently authorized versus proposed for the amendment. In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 *et seq.* ), a draft supplemental EA has been prepared to examine whether significant environmental impacts could result from issuance of the proposed amendment to the scientific research permit. The draft supplemental EA is available for review and comment simultaneous with the scientific research permit amendment application. Concurrent with the publication of this notice in the **Federal Register** , NMFS is forwarding copies of this application to the Marine Mammal Commission and its Committee of Scientific Advisors. Dated: March 27, 2008. P. Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E8-6838 Filed 4-1-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Marine Protected Areas Federal Advisory Committee, Public Meeting AGENCY: National Ocean Service, NOAA, Department of Commerce. ACTION: Notice of open meeting. SUMMARY: Notice is hereby given of a meeting of the Marine Protected Areas Federal Advisory Committee (Committee) in Washington, DC. DATES: The meeting will be held Tuesday, April 22, 2008 from 8:30 a.m. to 5 p.m., Wednesday, April 23, 2008, from 8 a.m. to 3 p.m., and Thursday, April 24, 2008, from 8 a.m. to 4:30 p.m. These times and the agenda topics described below are subject to change. Refer to the web page listed below for the most-up-to-date meeting agenda. ADDRESSES: The meeting will be held at The Hilton Hotel, 8727 Colesville Road, Silver Spring, MD 20910. FOR FURTHER INFORMATION CONTACT: Lauren Wenzel, Designated Federal Officer, MPA FAC, National Marine Protected Areas Center, 1305 East West Highway, Silver Spring, Maryland 20910. (Phone 301-713-3100 x136, Fax: 301-713-3110); e-mail: *lauren.wenzel@noaa.gov;* or visit the National MPA Center Web site at *http://www.mpa.gov* ). SUPPLEMENTARY INFORMATION: The Committee, composed of external, knowledgeable representatives of stakeholder groups, was established by the Department of Commerce
(DOC)to provide advice to the Secretaries of Commerce and the Interior on implementation of Section 4 of Executive Order 13158 on MPAs. The meeting will be open to public participation from 4:15 p.m. to 5 p.m. on Tuesday, April 22, 2008, and from 8:05 a.m. to 9 a.m. on Thursday, April 24, 2008. In general, each individual group will be limited to a total time of five
(5)minutes. If members of the public wish to submit written statements, they should be submitted to the Designated Federal Official by April 18, 2008. Matters to be Considered: The Committee will be receiving a new charge from the Department of Commerce and organized members into Subcommittees to begin addressing this charge. The Committee also will be discussing the revised draft MPA Framework, and developing and finalizing recommendations related to enforcement and compliance. The Agenda is subject to change, and the latest version will be posted at *http://www.mpa.gov.* Dated: March 20, 2008. David M. Kennedy, Director, Office of Ocean and Coastal Resource Management. [FR Doc. E8-6703 Filed 4-1-08; 8:45 am] BILLING CODE 3510-08-M CORPORATION FOR NATIONAL AND COMMUNITY SERVICE Information Collection; Submission for OMB Review, Comment Request AGENCY: Corporation for National and Community Service. ACTION: Notice. SUMMARY: The Corporation for National and Community Service (hereinafter the “Corporation”), has submitted a public information collection request
(ICR)entitled Annual Grantee Progress Report to the Office of Management and Budget
(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995, Pub. L. 104-13, (44 U.S.C. Chapter 35). Copies of this ICR, with applicable supporting documentation, may be obtained by calling the Corporation for National and Community Service, Ms. Amy Borgstrom at
(202)606-6930. Individuals who use a telecommunications device for the deaf (TTY-TDD) may call
(202)565-2799 between 8:30 a.m. and 5 p.m. eastern time, Monday through Friday. ADDRESSES: Comments may be submitted, identified by the title of the information collection activity, to the Office of Information and Regulatory Affairs, Attn: Ms. Katherine Astrich, OMB Desk Officer for the Corporation for National and Community Service, by any of the following two methods within 30 days from the date of publication in this **Federal Register** :
(1)By fax to:
(202)395-6974, Attention: Ms. Katherine Astrich, OMB Desk Officer for the Corporation for National and Community Service; and
(2)Electronically by e-mail to: *Katherine_T._Astrich@omb.eop.gov* . SUPPLEMENTARY INFORMATION: The OMB is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Corporation, 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; • Propose ways to enhance the quality, utility, and clarity of the information to be collected; and • Propose ways to 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. Comments A 60-day public comment Notice was published in the **Federal Register** on Tuesday, January 8, 2008. This comment period ended March 10, 2008. No public comments were received from this Notice. *Description:* The Corporation is seeking approval of the attached Annual Grantee Progress Report which will be used by grantees of the Corporation's AmeriCorps State and National in their annual reporting. The Annual Grantee Progress Report will provide information for Corporation staff to monitor grantee progress, and to respond to requests from Congress and other stakeholders. *Type of Review:* New Information Collection. *Agency:* Corporation for National and Community Service. *Title:* Annual Grantee Progress Report. *OMB Number:* None. *Agency Number:* None. *Affected Public:* Grantees of AmeriCorps State and National programs. *Total Respondents:* 154. *Frequency:* Annually. *Average Time per Response:* 8 hours. *Estimated Total Burden Hours:* 1232 hours. *Total Burden Cost (capital/startup):* None. *Total Burden Cost (operating/maintenance):* None. Dated: March 26, 2008. Kristin McSwain, Director, AmeriCorps State and National. [FR Doc. E8-6847 Filed 4-1-08; 8:45 am] BILLING CODE 6050-$$-P CORPORATION FOR NATIONAL AND COMMUNITY SERVICE Proposed Information Collection; Comment Request AGENCY: Corporation for National and Community Service. ACTION: Notice. SUMMARY: The Corporation for National and Community Service (hereinafter the “Corporation”), as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance 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 requirement on respondents can be properly assessed. Currently, the Corporation is soliciting comments concerning application instructions designed to be used for Learn and Serve America grant competitions and continuation funding requests. The application is completed electronically using eGrants, the Corporation's web-based grants management system. Applicants will respond to the questions included in these instructions in order to apply for funding in these Learn and Serve America competitions. Copies of the information collection request can be obtained by contacting the office listed in the ADDRESSES section of this notice. DATES: Written comments must be submitted to the individual and office listed in the ADDRESSES section by June 2, 2008. ADDRESSES: You may submit comments, identified by the title of the information collection activity, by any of the following methods:
(1)By mail sent to: Corporation for National and Community Service; Attention: Cara Patrick, Learn and Serve America; 1201 New York Avenue, NW., Washington, DC, 20525.
(2)By hand delivery or by courier to the Corporation's mailroom at Room 8100 at the mail address given in paragraph
(1)above, between 9 a.m. and 4 p.m. Monday through Friday, except Federal holidays.
(3)By fax to:
(202)606-3477, Attention: Cara Patrick, Learn and Serve America.
(4)Electronically through the Corporation's e-mail address system: *cpatrick@cns.gov.* FOR FURTHER INFORMATION CONTACT: Cara Patrick,
(202)606-6905, or by e-mail at *cpatrick@cns.gov.* SUPPLEMENTARY INFORMATION: The Corporation is particularly interested in comments that: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Corporation, 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 expected to respond, including 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). Background These application instructions will be used by applicants for funding through Corporation competitions focusing on strategic initiatives or other priorities. The application is completed electronically using eGrants, the Corporation's web-based grants management system, or submitted via e-mail. This information collection instructs applicants to complete a three part narrative which includes program design, organizational capability, and budget. *Current Action:* Learn and Serve America Application Instructions. *Type of Review:* Renewal. *Agency:* Corporation for National and Community Service. *Title:* Learn and Serve Application Instructions. *OMB Number:* 3045-0045 for Learn and Serve America School and Community-Based Application Instructions and 3045-0046 for Learn and Serve America Higher Education Instructions. *Agency Number:* None. *Affected Public:* Current/prospective recipients of Learn and Serve America funding. *Total Respondents:* 900. *Frequency:* Annually, depending upon the availability of appropriations. *Average Time Per Response:* Averages 8 hours. *Estimated Total Burden Hours:* 7,200 hours. *Total Burden Cost (capital/startup):* None. *Total Burden Cost (operating/maintenance):* None. 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: March 26, 2008. Cara Patrick, Associate Director, Learn and Serve America, Corporation for National and Community Service. [FR Doc. E8-6848 Filed 4-1-08; 8:45 am] BILLING CODE 6050-$$-P DEPARTMENT OF DEFENSE Office of the Secretary Privacy Act of 1974; Systems of Records AGENCY: Defense Logistics Agency, DoD. ACTION: Notice to delete a system of records. SUMMARY: The Defense Logistics Agency is deleting a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. DATES: This action will be effective without further notice on May 2, 2008 unless comments are received that would result in a contrary determination. ADDRESSES: Send comments to the Privacy Act Officer, Headquarters, Defense Logistics Agency, ATTN: DP, 8725 John J. Kingman Road, Stop 2533, Fort Belvoir, VA 22060-6221. FOR FURTHER INFORMATION CONTACT: Ms. Jody Sinkler at
(703)767-5045. SUPPLEMENTARY INFORMATION: The Defense Logistics Agency notices for systems of records subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The specific changes to the record system being amended are set forth below followed by the notice, as amended, published in its entirety. The proposed amendment is not within the purview of subsection
(r)of the Privacy Act of 1974 (5 U.S.C. 552a), as amended, which requires the submission of a new or altered system report. Dated: March 27, 2008. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. S100.10 GC System name: Whistleblower Complaint and Investigation Files (November 16, 2004, 69 FR 67112). Reason: The Governmentwide notice, OSC/GOVT-1, OSC Complaint, Litigation and Political Activity Files (November 19, 1999, 64 FR 63359), covers all whistleblower complaint and investigation files, therefore Defense Logistics Agency
(DLA)is deleting this notice from its Privacy Act system of records inventory. [FR Doc. E8-6824 Filed 4-1-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Navy [USN-2008-0022] Privacy Act of 1974; System of Records AGENCY: Department of the Navy, DoD. ACTION: Notice to Amend a System of Records. SUMMARY: The Department of the Navy is amending a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended. DATES: This proposed action will be effective without further notice on May 2, 2008 unless comments are received which result in a contrary determination. ADDRESSES: Send comments to the Department of the Navy, PA/FOIA Policy Branch, Chief of Naval Operations (DNS-36), 2000 Navy Pentagon, Washington, DC 20350-2000. FOR FURTHER INFORMATION CONTACT: Mrs. Doris Lama at
(202)685-6545. SUPPLEMENTARY INFORMATION: The Department of the Navy systems of records notices subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The specific changes to the record system being amended are set forth below followed by the notice, as amended, published in its entirety. The proposed amendments are not within the purview of subsection
(r)of the Privacy Act of 1974, (5 U.S.C. 552a), as amended, which requires the submission of a new or altered system report. Dated: March 27, 2008. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. NM05211-1 System name: Privacy Act Request Files and Tracking System (November 16, 2004, 69 FR 67128). Changes: System name: After “Request” add “Amendment”. System location: In para 1, delete “ *http://neds.daps.dla.mil/sndl.htm* ” and replace with “ *http://doni.daps.dla.mil/sndl.aspx* ”. System manager(s) and address: Under “Policy Official” delete “(N09B10)” and replace with “(DNS-36)”. Under “Record Holders” replace “ *http://neds.daps.dla.mil/sndl.htm* ” with “ *http://doni.daps.dla.mil/sndl.aspx* ”. Notification procedure: In para 1, replace “ *http://neds.daps.dla.mil/sndl.htm* ” with “ *http://doni.daps.dla.mil/sndl.aspx* ”. Record access procedures: In para 1, replace “ *http://neds.daps.dla.mil/sndl.htm* ” with “ *http://doni.daps.dla.mil/sndl.aspx* ”. NM05211-1 System name: Privacy Act Request/Amendment Files and Tracking System. System location: Organizational elements of the Department of the Navy. Official mailing addresses are published in the Standard Navy Distribution List
(SNDL)that is available at *http://doni.daps.dla.mil/sndl.aspx.* Commander, U.S. Joint Forces Command, 1562 Mitscher Avenue, Suite 200, Norfolk, VA 23551-2488. Commander, U.S. Pacific Command, P.O. Box 64028, Camp H.M. Smith, HI 96861-4028. Categories of individuals covered by the system: Individuals who request information concerning themselves which is in the custody of the Department of the Navy or who request access to or amendment of such records in accordance with the Privacy Act of 1974, as amended. Categories of records in the system: Letters, memoranda, legal opinions, messages, and miscellaneous documents relating to an individual's request for access to or amendment of records concerning that person, including letters authorizing release to another individual, letters of denial, appeals, statements of disagreements, and related documents accumulated in processing requests received under the Privacy Act of 1974. Names, addresses, and other personal identifiers of the individual requester. Database which tracks actions from start to finish. Authority for maintenance of the system: 5 U.S.C. 552a, The Privacy Act of 1974, as amended; 10 U.S.C. 5013, Secretary of the Navy; 10 U.S.C. 5041, Headquarters, Marine Corps; Secretary of the Navy Instruction 5211.5D, Department of the Navy Privacy Act Program and E.O. 9397 (SSN). Purpose(s): To track, process, and coordinate individual requests for access and amendment of personal records; to process appeals on denials of requests for access or amendment to personal records; to compile information for reports, and to ensure timely response to requesters. 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, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: The DoD ‘Blanket Routine Uses' set forth at the beginning of the Navy's compilation of systems of records notices also apply to this system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Maintained in file folders, microform, microfilm, manual/computerized databases, and/or optical disk. Retrievability: Name of requester; year request filed; serial number of response letter; or case file number, etc. Safeguards: Records are accessed by custodian of the record system and by persons responsible for servicing the record system in performance of their official duties. Records are stored in locked cabinets or rooms. Computerized databases are password protected and accessed by individuals who have a need to know. Retention and disposal: Granted requests, responses to requests for non-existent records, responses to requesters who provide inadequate descriptions and responses to requesters who fail to pay agency reproduction fees that are not appealed are destroyed 2 years after date of reply; requests which are denied and are appealed are destroyed after 5 years; requests which are amended are retained for 4 years; requests for amendment which are refused are destroyed after 3 years; disclosure accounting forms are retained for the life of the record of 5 years after the disclosure, whichever is later; and privacy act databases are destroyed after 5 years. System manager(s) and address: Policy Official: Chief of Naval Operations (DNS-36), 2000 Navy Pentagon, Washington, DC 20350-2000. Record Holders: Organizational elements of the Department of the Navy. Official mailing addresses are published in the Standard Navy Distribution List
(SNDL)that is available at *http://doni.daps.dla.mil/sndl.aspx.* Commander, U.S. Joint Forces Command, 1562 Mitscher Avenue, Suite 200, Norfolk, VA 23551-2488; and Commander, U.S. Pacific Command, P.O. Box 64028, Camp H.M. Smith, HI 96861-4028. Official mailing addresses are published as an appendix to the Navy's compilation of systems of records notices. Notification procedure: Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the commanding officer of the activity in question. Official mailing addresses are published in the Standard Navy Distribution List
(SNDL)that is available at *http://doni.daps.dla.mil/sndl.aspx.* The request must be signed and contain the full name of the individual and one or more of the following kinds of information: year request filed; serial number of response letter; case file number. Record access procedures: Individuals seeking access to information about themselves contained in this system should address written inquiries to the commanding officer of the activity in question. Official mailing addresses are published in the Standard Navy Distribution List
(SNDL)that is available at *http://doni.daps.dla.mil/sndl.aspx”.* The request must be signed and contain the full name of the individual and one or more of the following kinds of information: year request filed; serial number of response letter; case file number. Contesting record procedures: The Department of the Navy's rules for accessing records, and for contesting contents and appealing initial agency determinations are published in Secretary of the Navy Instruction 5211.5; 32 CFR part 701; or may be obtained from the system manager. Record source categories: From the individual, Navy organizations, Department of Defense components, and other Federal, state, and local government agencies. Exemptions claimed for the system: Department of the Navy exemption rules have been promulgated in accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3),
(c)and
(e)published in 32 CFR part 701, Subpart G. For additional information contact the system manager. Note: During the course of a Privacy Act
(PA)action, exempt materials from other systems of records may become part of the case records in this system of records. To the extent that copies of exempt records from those `other' systems of records are entered into these PA case records, the Department of the Navy hereby claims the same exemptions for the records as they have in the original primary systems of records of which they are a part. [FR Doc. E8-6829 Filed 4-1-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Navy [USN-2008-0023] Privacy Act of 1974; System of Records AGENCY: Department of the Navy, DoD. ACTION: Notice to amend a system of records. SUMMARY: The Department of the Navy is amending a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. DATES: This proposed action will be effective without further notice on May 2, 2008 unless comments are received which result in a contrary determination. ADDRESSES: Send comments to the Department of the Navy, PA/FOIA Policy Branch, Chief of Naval Operations (DNS-36), 2000 Navy Pentagon, Washington, DC 20350-2000. FOR FURTHER INFORMATION CONTACT: Mrs. Doris Lama at
(202)685-6545. SUPPLEMENTARY INFORMATION: The Department of the Navy systems of records notices subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The specific changes to the record system being amended are set forth below followed by the notice, as amended, published in its entirety. The proposed amendments are not within the purview of subsection
(r)of the Privacy Act of 1974 (5 U.S.C. 552a), as amended, which requires the submission of a new or altered system report. Dated: March 27, 2008. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. NM05720-1 System name: FOIA Request/Appeal Files and Tracking System (December 29, 2005, 70 FR 77153). Changes: System location: In para 1, delete “ *http://neds.daps.dla.mil/sndl.htm* ” and replace with “ *http://doni.daps.dla.mil/sndl.aspx* ”. System manager(s) and address: Under “Policy Official” delete “(N09B10)” and replace with “(DNS-36)”. Under “Record Holders” replace “ *http://neds.daps.dla.mil/sndl.htm”* with “ *http://doni.daps.dla.mil/sndl.aspx”.* Notification procedure: In para 1, replace “ *http://neds.daps.dla.mil/sndl.htm* ” with “ *http://doni.daps.dla.mil/sndl.aspx”* . Record access procedures: In para 1, replace “ *http://neds.daps.dla.mil/sndl.htm”* with “ *http://doni.daps.dla.mil/sndl.aspx* ”. NM05720-1 System name: FOIA Request/Appeal Files and Tracking System. System location: Organizational elements of the Department of the Navy. Official mailing addresses are published in the Standard Navy Distribution List
(SNDL)that is available at *http://doni.daps.dla.mil/sndl.asp.* Categories of individuals covered by the system: Individuals who request access to information under the provisions of the Freedom of Information Act
(FOIA)or make an appeal under the FOIA. Categories of records in the system: FOIA request/appeal, copies of responsive records (redacted and released), correspondence generated as a result of the request, cost forms, memoranda, legal opinions, messages, and miscellaneous documents which related to the request. Database used to track requests from start to finish and formulate response letters may contain names, addresses, and other personal identifiers of the individual requester. Authority for maintenance of the system: 5 U.S.C. 552, the Freedom of Information Act, as amended; 10 U.S.C. 5013, Secretary of the Navy; 10 U.S.C. 5041, Headquarters, Marine Corps; E.O. 9397 (SSN); and Secretary of the Navy Instruction 5720.42F, Department of the Navy Freedom of Information Act Program. Purpose(s): To track, process, and coordinate requests/appeals/litigation made under the provisions of the FOIA. 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, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: To individuals who file FOIA requests for access to information on who has made FOIA requests and/or what is being requested under FOIA. The DoD ‘Blanket Routine Uses’ set forth at the beginning of the Navy's compilation of systems of records notices also apply to this system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Maintained in file folders, microform, microfilm, manual/computerized databases, and/or optical disk. Retrievability: Name of requester/appellant; year request/appeal filed; serial number of response letter; case file number; etc. Safeguards: Records are accessed by custodian of the record system and by persons responsible for servicing the record system in performance of their official duties. Records are stored in cabinets or rooms, which are not viewable by individuals who do not have a need to know. Computerized databases are password protected and accessed by individuals who have a need to know. Retention and disposal: Granted requests, no record responses, and/or responses to requesters who fail to adequately describe the records being sought or fail to state a willingness to pay processing fees are destroyed 2 years after date of reply. Requests which are denied in whole or in part, appealed, or litigated are destroyed 6 years after final action. System manager(s) and address: Policy Official: Chief of Naval Operations (DNS-36), 2000 Navy Pentagon, Washington, DC 20350-2000. Record Holders: Organizational elements of the Department of the Navy. Official mailing addresses are published in the Standard Navy Distribution List
(SNDL)that is available at *http://doni.daps.dla.mil/sndl.aspx.* Appellate Authorities: Office of the Judge Advocate General (Code 14), 1322 Patterson Avenue SE., Suite 3000, Washington, Navy Yard, DC 20374-5066. General Counsel of the Navy (FOIA), 1000 Navy Pentagon, Washington, DC 20350-1000. Notification procedure: Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the Freedom of Information Act coordinator, commanding officer of the activity in question, or in the case of appeals to the appropriate appellate authority. Official mailing addresses are published in the Standard Navy Distribution List
(SNDL)that is available at * http://doni.daps.dla.mil/sndl.aspx.* The request should contain the full name of the individual and one or more of the following kinds of information: year request/appeal filed; serial number of response letter; and/or case file number. Requests must also be signed. Record access procedures: Individuals seeking access to information about themselves contained in this system commanding officer of the activity in question, or in the case of appeals to the appropriate appellate authority. Official mailing addresses are published in the Standard Navy Distribution List
(SNDL)that is available at *http://doni.daps.dla.mil/sndl.aspx.* The request should contain the full name of the individual and one or more of the following kinds of information: year request/appeal filed; serial number of response letter; and/or case file number. Requests must also be signed. Contesting record procedures: The Department of the Navy's rules for accessing records, and for contesting contents and appealing initial agency determinations are published in Secretary of the Navy Instruction 5211.5; 32 CFR part 701; or may be obtained from the system manager. Record source categories: From the individual, Navy's organizations, Department of Defense components, and other Federal, state, and local government agencies. Exemptions claimed for the system: Department of the Navy exemption rules have been promulgated in accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3),
(c)and
(e)published in 32 CFR part 701, Subpart G. For additional information contact the system manager. Note: During the course of a FOIA action, exempt materials from other systems of records may in turn become part of the case records in this system. To the extent that copies of exempt records from those ‘other’ systems of records are entered into this FOIA case record, the Department of the Navy hereby claims the same exemptions for the records from those ‘other’ systems that are entered into this system, as claimed for the original primary systems of records which they are a part. [FR Doc. E8-6832 Filed 4-1-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF EDUCATION Submission for OMB Review; Comment Request AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of Management, invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before May 2, 2008. ADDRESSES: Written comments should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., LBJ, Washington, DC 20202-4537. Comments may also be electronically mailed to *ICDocketMgr@ed.gov* or faxed to 202-401-0920. Commenters should include the following subject line in their response “Comment: [insert OMB number], [insert abbreviated collection name, e.g., “Upward Bound Evaluation”]. Persons submitting comments electronically should not submit paper copies. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget
(OMB)provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency's ability to perform its statutory obligations. The IC Clearance Official, Regulatory Information Management Services, Office of Management, publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection, grouped by office, contains the following:
(1)Type of review requested, e.g., new, revision, extension, existing or reinstatement;
(2)Title;
(3)Summary of the collection;
(4)Description of the need for, and proposed use of, the information;
(5)Respondents and frequency of collection; and
(6)Reporting and/or Recordkeeping burden. OMB invites public comment. Dated: March 28, 2008. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. Institute of Education Sciences *Type of Review:* Revision. *Title:* National Assessment of Educational Progress 2008-2010 Operational and Pilot Surveys System Clearance—2009 Wave 1. *Frequency:* One time. *Affected Public:* Individuals or household. *Reporting and Recordkeeping Hour Burden:* Responses: 688,000. Burden Hours: 172,000. *Abstract:* This is a request for clearance of NAEP 2009 Wave 1 materials. These materials are questionnaires for 4th and 8th graders core, math and reading. Requests for copies of the information collection submission for OMB review may be accessed from *http://edicsweb.ed.gov,* by selecting the “Browse Pending Collections” link and by clicking on link number 3652. When you access the information collection, click on “Download Attachments” to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., LBJ, Washington, DC 20202-4537. Requests may also be electronically mailed to *ICDocketMgr@ed.gov* or faxed to 202-401-0920. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to *ICDocketMgr@ed.gov.* Individuals who use a telecommunications device for the deaf
(TDD)may call the Federal Information Relay Service
(FIRS)at 1-800-877-8339. [FR Doc. E8-6794 Filed 4-1-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Environmental Management Advisory Board AGENCY: Department of Energy. ACTION: Notice of open meeting. SUMMARY: This notice announces a meeting of the Environmental Management Advisory Board (EMAB). The Federal Advisory Committee Act (Pub. L. No. 92-463, 86 Stat. 770) requires that public notice of this meeting be announced in the **Federal Register** . DATES: Wednesday, May 7, 2008, 9 a.m.-5 p.m. ADDRESSES: Courtyard by Marriott Embassy Row, 1600 Rhode Island Avenue, NW., Washington, DC 20036. FOR FURTHER INFORMATION CONTACT: Terri Lamb, Designated Federal Officer, Environmental Management Advisory Board (EM-13), U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585. Phone
(202)586-9007; fax
(202)586-0293 or e-mail: *terri.lamb@em.doe.gov.* SUPPLEMENTARY INFORMATION: *Purpose of the Board:* The purpose of the Board is to provide the Assistant Secretary for Environmental Management with advice and recommendations on corporate issues confronting the Environmental Management Program. The Board will contribute to the effective operation of the Environmental Management Program by providing individual citizens and representatives of interested groups an opportunity to present their views on issues facing the Office of Environmental Management and by helping to secure consensus recommendations on those issues. Tentative Agenda: • EM Program Update. • EM Budget Overview. • Acquisition and Project Management. • Quality Assurance. • Management Analysis. • EM Human Capital Initiatives. • EM Communications. • Board Business. *Public Participation:* The meeting is open to the public. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral statements pertaining to agenda items should contact Terri Lamb at the address or telephone number above. Requests must be received five days prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Board Chair is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comment will be provided a maximum of five minutes to present their comments. *Minutes:* Minutes will be available by writing or calling Terri Lamb's office at the address or phone number listed above. Minutes will also be available at the following Web site *http://www.em.doe.gov/stakepages/emabmeetings.aspx.* Issued at Washington, DC on March 27, 2008. Rachel Samuel, Deputy Committee Management Officer. [FR Doc. E8-6803 Filed 4-1-08; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Nuclear Energy Advisory Committee AGENCY: Office of Nuclear Energy, Department of Energy. ACTION: Notice of open meeting. SUMMARY: This notice announces a meeting of the Nuclear Energy Advisory Committee (NEAC). Federal Advisory Committee Act (Pub. L. No. 94-463, 86 Stat. 770) requires that public notice of these meetings be announced in the **Federal Register** . DATES: Monday, April 21, 2008, 8 a.m.-5:15 p.m. *Location:* The meeting will be held at the Marriott Crystal City located at 1999 Jefferson Davis Highway, Arlington, VA 22202. FOR FURTHER INFORMATION CONTACT: Dr. John Boger, Designated Federal Officer, U.S. Department of Energy, 19901 Germantown Rd., Germantown, MD 20874; telephone
(301)903-4495; e-mail *john.boger@hq.doe.gov.* SUPPLEMENTARY INFORMATION: *Background:* The Nuclear Energy Advisory Committee (NEAC), formerly the Nuclear Energy Research Advisory Committee (NERAC), was established in 1998 by the U.S. Department of Energy
(DOE)to provide expert advice on complex scientific, technical, and policy issues that arise in the planning, managing, and implementation of DOE's civilian nuclear energy research programs. The committee is composed of 12 individuals of diverse backgrounds selected for their technical expertise and experience, established records of distinguished professional service, and their knowledge of issues that pertain to nuclear energy. *Purpose of the Meeting:* To inform the committee of recent developments and current status of research programs and projects pursued by the Department of Energy's Office of Nuclear Energy and receive advice and comments in return from the committee. *Tentative Agenda:* The meeting is expected to include presentations that cover such topics as the current status of the Global Nuclear Energy Partnership (GNEP), Next Generation of Nuclear Power, Nuclear Power 2010, and Idaho National Laboratory. The agenda may change to accommodate committee business. For updates, one is directed to the NEAC Web site: *http://www.ne.doe.gov/neac/neNeacOverview.html* . *Public Participation:* Individuals and representatives of organizations who would like to offer comments and suggestions may do so on the day of the meeting, Monday, April 21, 2008. Approximately one-half hour will be reserved for public comments. Time allotted per speaker will depend on the number who wish to speak but is not expected to exceed 5 minutes. Anyone who is not able to make the meeting or has had insufficient time to address the committee is invited to send a written statement to Dr. John Boger, 19901 Germantown Rd., Germantown, MD 20874, or e-mail *john.boger@hq.doe.gov.* *Minutes:* The minutes of the meeting will be available by contacting Dr. John Boger at the address above or on the Department of Energy, Office of Nuclear Energy Web site at *http://www.ne.doe.gov/neac/neNeacOverview.html.* Issued in Washington, DC on March 28, 2008. Rachel Samuel, Deputy Committee Management Officer. [FR Doc. E8-6802 Filed 4-1-08; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Energy Information Administration Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY: Energy Information Administration (EIA), Department of Energy (DOE). ACTION: Agency Information Collection Activities: Proposed Collection; Comment Request. SUMMARY: The EIA is soliciting comments on the proposed revision and 3-year extension of the surveys in the Natural Gas Data Collection Program Package. The surveys covered by this request include: • Form EIA-176, “Annual Report of Natural and Supplemental Gas Supply and Disposition” • EIA-191, “Monthly and Annual Underground Gas Storage Report” • EIA-857, “Monthly Report of Natural Gas Purchases and Deliveries to Consumers” • EIA-895, “Monthly and Annual Quantity and Value of Natural Gas Production Report” • EIA-910, “Monthly Natural Gas Marketer Survey” • EIA-912, “Weekly Underground Natural Gas Storage Report” • EIA-757, “Natural Gas Processing Plant Survey” DATES: Comments must be filed by June 2, 2008. If you anticipate difficulty in submitting comments within that period, contact the person listed below as soon as possible. ADDRESSES: Send comments to Ms. Amy Sweeney, Natural Gas Division, Office of Oil and Gas, Energy Information Administration. To ensure receipt of the comments by the due date, submission by fax (202-586-4420) or e-mail ( *amy.sweeney@eia.doe.gov* ) is recommended. The mailing address is Ms. Amy Sweeney, Energy Information Administration, U.S. Department of Energy, 1000 Independence Ave., SW., EI-44, Washington, DC 20585. Also, Ms. Sweeney may be contacted by telephone at 202-586-2627. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of any forms and instructions should be directed to Ms. Sweeney at the address listed above. Also, the draft forms and instructions are available on the EIA Web site at *http://www.eia.doe.gov/oil_gas/fwd/proposed.html* . SUPPLEMENTARY INFORMATION: I. Background II. Current Actions III. Request for Comments I. Background The Federal Energy Administration Act of 1974 (Pub. L. 93-275, 15 U.S.C. 761 *et seq.* ) and the DOE Organization Act (Pub. L. 95-91, 42 U.S.C. 7101 *et seq.* ) require the EIA to carry out a centralized, comprehensive, and unified energy information program. This program collects, evaluates, assembles, analyzes, and disseminates information on energy resource reserves, production, demand, technology, and related economic and statistical information. This information is used to assess the adequacy of energy resources to meet both near and longer-term domestic demands. The EIA, as part of its effort to comply with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35), provides the general public and other Federal agencies with opportunities to comment on the collection of energy information conducted by or in conjunction with the EIA. Any comments help the EIA prepare data requests that maximize the utility of the information collected and assess the impact of collection requirements on the public. As required by section 3507(h)(1) of the Paperwork Reduction Act of 1995, the EIA will later seek approval for this collection by the Office of Management and Budget (OMB). The natural gas surveys included in the Natural Gas Data Collection Program Package collect information on natural gas production, underground storage, supply, processing, transmission, distribution, consumption by sector, and wellhead and consumer prices. This information is used to support public policy analyses of the natural gas industry and estimates generated from data collected on these surveys. The statistics generated from these surveys are posted to the EIA Web site ( *http://www.eia.doe.gov* ) in various EIA products, including the Weekly Natural Gas Storage Report (WNGSR), Natural Gas Monthly (NGM), Natural Gas Annual (NGA), Monthly Energy Review (MER), Short-Term Energy Outlook (STEO), Annual Energy Outlook (AEO), and Annual Energy Review (AER). Respondents to EIA natural gas surveys include State agencies, underground storage operators, transporters, marketers, and distributors. Each form included as part of this package is discussed in detail below. Please refer to the proposed forms and instructions for more information about the purpose, who must report, when to report, where to submit, the elements to be reported, detailed instructions, provisions for confidentiality, and uses (including possible nonstatistical uses) of the information. For instructions on obtaining materials, see the FOR FURTHER INFORMATION CONTACT section. II. Current Actions EIA will be requesting a 3-year extension of the collection authority for each of the above-referenced surveys and will have minor changes made to the forms and instructions to provide simplicity and clarity. In addition, EIA proposes the changes outlined below. Form EIA-176, “Annual Report of Natural and Supplemental Gas Supply and Disposition” In Part 6 of the form, EIA proposes to collect “Revenue” data for deliveries of natural gas that are transported but not owned by the delivery company in item 11. This change will create consistency within the form, as item 10 (deliveries owned) currently includes “Revenue” among the collected data. By collecting Revenue for the gas transported but not owned by the EIA-176 respondents, the quality of EIA's natural gas transportation price information will be improved. Prices would be derived by dividing the revenue from delivery of natural gas not owned by the volume of natural gas not owned by the delivery company. The new data would give EIA an annual benchmark with which to compare the monthly revenue from the delivery of gas not owned collected on Form EIA-857, “Monthly Report of Natural Gas Purchases and Deliveries.” EIA has learned that having annual benchmark revenue data with which to compare monthly data results in better data quality as the monthly data are frequently subject to accounting adjustments that occur due to the staggered timing of meter readings during the month. Form EIA-857, “Monthly Report of Natural Gas Purchases and Deliveries to Consumers” EIA is proposing to collect “Revenue” data for gas sold and transported to electric power customers as it does for residential, commercial, industrial, and other natural gas customers. EIA also proposes to collect customer counts, i.e., the number of customers, for each end-use sector as it does on the annual form, EIA-176. Currently electric revenue data are not collected, as the data used to determine published prices for natural gas used for electric generation come from other EIA surveys, Form EIA-423, “Monthly Cost and Quality of Fuels for Electric Plants Report,” and Form EIA-906, “Power Plant Report.” However, not allowing respondents to report revenue for deliveries to the electric power sector on Form EIA-857 has caused some confusion as to where this revenue should be reported. Consequently, some revenue has been reported in the wrong end-use sector. Additionally, having the data available on a monthly basis will provide a useful comparison to the electric power revenue already collected on Form EIA-176, as comparing monthly to annual revenue data for the other end-use sectors frequently reveals discrepancies between the two series. EIA also proposes to collect customer counts, i.e., number of customers, for each of the end-use sectors for gas sold and transported to residential, commercial, industrial, electric power and other customers. Having this data will enable EIA to better monitor fluctuations in monthly volume reporting which are commonly the result of changes to the number of customers being served. Form EIA-895, “Monthly and Annual Quantity and Value of Natural Gas Production Report” EIA proposes the continuation of EIA-895, “Annual Quantity and Volume of Natural Gas Production Report” in its present form with the addition of natural gas production gross withdrawals data from “Shale” sources. Natural gas produced from this source has increased in recent years and is expected to rise in the future; therefore, EIA finds it necessary to accurately capture this source of natural gas production. EIA has discontinued Form EIA-895M, “Monthly Quantity and Volume of Natural Gas Production Report” as the EIA-914, “Monthly Natural Gas Production Report” became the new source of monthly natural gas production data in January 2007. Form EIA-910, “Monthly Natural Gas Marketer Survey” EIA proposes three changes to Form EIA-910: A. EIA proposes that respondents report customer count, volume, and revenue data for each local distribution company's territory in which the respondent operates instead of at the State level, as currently reported. Having such information would enable EIA to more closely compare marketer volumes against volumes transported on the account of marketers on Form EIA-857, “Monthly Report of Natural Gas Purchases and Deliveries to Consumers,” and resolve discrepancies between the two sources. B. In states where EIA collects data from natural gas marketers on Form EIA-910, natural gas marketers sell significant amounts of natural gas to residential and commercial end users. The data collected have shown that the prices from the sales by natural gas marketers have differed from prices of natural gas sold by local distribution companies, in many cases by more than ten percent. Therefore, EIA has determined that states should be considered for collection on the Form EIA-910 that meet one of the following criteria:
(1)More than 40 percent of natural gas in a particular state in the residential and/or commercial sector is sold by natural gas marketers, or
(2)the amount of natural gas sold by marketers in a state and sector comprises at least 2 percent of natural gas sales in the residential or commercial sector at the U.S. level. Based on these criteria, the states of Alaska, California, Maine, Oklahoma, and Wyoming are proposed for collection on Form EIA-910 while the states of Massachusetts and Michigan are proposed to be removed from the Form EIA-910 survey frame. Currently none of the proposed states for inclusion on Form EIA-910 have market penetration of natural gas marketers at significant levels in the residential sector. However, EIA also proposes to collect data from natural gas marketers serving residential customers, if any, in those states in order to monitor the market and provide data for EIA's annual update of the status of residential choice in the natural gas market. EIA proposes that the collection of forms from Alaska, California, Maine, Oklahoma, and/or Wyoming begin in July 2009, and that Massachusetts and Michigan no longer be collected beginning in January 2009. C. EIA proposes that natural gas volume data on Form EIA-910, “Natural Gas Marketer Report,” be collected only in Mcf (thousand cubic feet) rather than Btu (heat content) or Mcf. Form EIA-757, “Natural Gas Processing Plant Survey” EIA proposes adding this new approved form as part of the EIA natural gas collection so that it will be on the same clearance cycle with all EIA natural gas survey forms. No changes are proposed to the Form EIA-757. III. Request for Comments Prospective respondents and other interested parties should comment on the actions discussed in items II and III. The following guidelines are provided to assist in the preparation of comments. Please indicate to which forms your comments apply. General Issues A. Is the proposed collection of information necessary for the proper performance of the functions of the agency and does the information have practical utility? Practical utility is defined as the actual usefulness of information to or for an agency, taking into account its accuracy, adequacy, reliability, timeliness, and the agency's ability to process the information it collects. B. What enhancements can be made to the quality, utility, and clarity of the information to be collected? As a Potential Respondent to the Request for Information A. What actions could be taken to help ensure and maximize the quality, objectivity, utility, and integrity of the information to be collected? B. Are the instructions and definitions clear and sufficient? If not, which instructions need clarification? C. Can the information be submitted by the due date? D. Public reporting burden for the surveys included in the Natural Gas Data Collection Program Package is shown below as an average hour(s) per response. The estimated burden includes the total time necessary to provide the requested information. In your opinion, how accurate are these estimates for the proposed forms?
(1)Form EIA-176, “Annual Report of Natural and Supplemental Gas Supply and Disposition,” 12 hours per response.
(2)Form EIA-191A, “Annual Underground Gas Storage Report,” 1 hour per response.
(3)Form EIA-191M, “Monthly Underground Gas Storage Report,” 2.5 hours per response.
(4)Form EIA-857, “Monthly Report of Natural Gas Purchases and Deliveries to Consumers,” 3.5 hours per response.
(5)Form EIA-895, “Annual Quantity and Value of Natural Gas Production Report,” .5 hours per response.
(6)Form EIA-910, “Monthly Natural Gas Marketer Survey,” 2 hours per response.
(7)Form EIA-912, “Weekly Underground Natural Gas Storage Report,” 0.5 hours per response.
(8)Form EIA-757, “Natural Gas Processing Plant Survey,” Schedule A, 0.5 hours per response; Schedule B, 1.5 hours per response. E. The agency estimates that the only cost to a respondent is for the time it will take to complete the collection. Will a respondent incur any start-up costs for reporting, or any recurring annual costs for operation, maintenance, and purchase of services associated with the information collection? F. What additional actions could be taken to minimize the burden of this collection of information? Such actions may involve the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. G. Does any other Federal, State, or local agency collect similar information? If so, specify the agency, the data element(s), and the methods of collection. As a Potential User of the Information To Be Collected A. What actions could be taken to help ensure and maximize the quality, objectivity, utility, and integrity of the information disseminated? B. Is the information useful at the levels of detail to be collected? C. For what purpose(s) would the information be used? Be specific. D. Are there alternate sources for the information and are they useful? If so, what are their weaknesses and/or strengths? Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of the form. They also will become a matter of public record. Statutory Authority: Section 3507(h)(1) of the Paperwork Reduction Act of 1995 (Pub. L. No. 104-13, 44 U.S.C. Chapter 35.), Federal Energy Administration Act of 1974 (Pub. L. No. 93-275, 15 U.S.C. 761 *et seq.* ), and the DOE Organization Act (Pub. L. No. 95-91, 42 U.S.C. 7101 *et seq.* ). Issued in Washington, DC, March 27, 2008. Jay Casselberry, Agency Clearance Officer, Energy Information Administration. [FR Doc. E8-6801 Filed 4-1-08; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 12615-001] Alaska Power & Telephone Company; Notice of Request to Use Alternative Procedures In Preparing a License Application March 26, 2008. Take notice that the following request to use alternative procedures to prepare a license application has been filed with the Commission. a. *Type of Application:* Request to use alternative procedures to prepare an original license application. b. *Project No.:* 12615-001. c. *Date filed:* March 10, 2008. d. *Applicant:* Alaska Power & Telephone Company. e. *Name of Project:* Soule River Hydroelectric Project. f. *Location:* On the Soule River, tributary to Portland Canal, approximately 9 miles south of the community of Hyder, Alaska. The project would occupy approximately 1,112 acres of federal lands within the Tongass National Forest, administered by the U.S. Forest Service. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Glen Martin, Project Manager, Alaska Power & Telephone Company, 193 Otto Street, P.O. Box 3222, Port Townsend, Washington 98368,
(360)385-1733 X 122, *glen.m@aptalaska.com* . i. *FERC Contact:* Matt Cutlip, phone at
(503)552-2762; e-mail at *matt.cutlip@ferc.gov* . j. *Deadline for Comments:* 30 days from the date of this notice. All documents (original and eight copies) should be filed with: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Comments may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “e-Filing” link. k. The project would consist of a 160-foot-high concrete-faced, rock-fill dam; an impoundment with a 950-acre surface area at a full pool elevation of 550 feet mean sea level; a 2.5-mile-long, 14-foot-wide access road with a 100-foot-long bridge across the Soule River; marine access facilities along the Portland Canal at the mouth of the Soule River; an 18-foot-diameter 11,100-foot-long power tunnel; a 50-foot by 120-foot powerhouse containing two Francis-type generating units, having a total installed capacity of 75,000 kilowatts; a 9.72-mile-long, 138 kilovolt submarine cable that would interconnect in Stewart, British Columbia with British Columbia Transmission Corporation's existing electrical transmission system; 1 and appurtenant facilities. 1 Only the portion of the transmission line that would be located in the United States is under the Commission's jurisdiction. l. A copy of the request to use alternative procedures is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at 1-866-208-3676, or for TTY,
(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. You may also register online at *http://www.ferc.gov/docs-filing/esubscription.asp* to be notified via e-mail of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. m. Alaska Power & Telephone Company has demonstrated that it has made an effort to contact all federal and state resources agencies, non-governmental organizations (NGO), and others affected by the project. Alaska Power & Telephone Company has also demonstrated that a consensus exists that the use of alternative procedures is appropriate in this case. Alaska Power & Telephone Company has submitted a communications protocol that is supported by the stakeholders. The purpose of this notice is to invite any additional comments on Alaska Power & Telephone Company's request to use the alternative procedures, pursuant to section 4.34(i) of the Commission's regulations. Additional notices seeking comments on the specific project proposal, interventions and protests, and recommended terms and conditions will be issued at a later date. Alaska Power & Telephone Company will complete and file a preliminary Environmental Assessment, in lieu of Exhibit E of the license application. This differs from the traditional process, in which an applicant consults with agencies, Indian tribes, NGOs, and other parties during preparation of the license application and before filing the application, but the Commission staff performs the environmental review after the application is filed. The alternative procedures are intended to simplify and expedite the licensing process by combining the pre-filing consultation and environmental review processes into a single process, to facilitate greater participation, and to improve communication and cooperation among the participants. Alaska Power & Telephone Company has met with federal and state resources agencies regarding the proposed Soule River Hydroelectric Project. Alaska Power & Telephone Company intends to file 6-month progress reports during the alternative procedures process that leads to the filing of a license application by June 30, 2009. Kimberly D. Bose, Secretary. [FR Doc. E8-6723 Filed 4-1-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings March 27, 2008. Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings: *Docket Numbers:* RP96-320-082. *Applicants:* Gulf South Pipeline Company, LP. *Description:* Gulf South Pipeline Co, LP submits an amendment to a negotiated rate letter agreement with Entergy New Orleans, Inc. *Filed Date:* 03/26/2008. *Accession Number:* 20080326-0271. *Comment Date:* 5 p.m. Eastern Time on Monday, April 07, 2008. *Docket Numbers:* RP99-176-158. *Applicants:* Natural Gas Pipeline Company of America. *Description:* Natural Gas Pipeline Company of America, LLC submits the Transportation and Storage Agreements with Wisconsin Electric Power Co. *Filed Date:* 03/26/2008. *Accession Number:* 20080326-0269. *Comment Date:* 5 p.m. Eastern Time on Monday, April 07, 2008. *Docket Numbers:* RP08-280-000. *Applicants:* Northern Natural Gas Company. *Description:* Petition of Northern Natural Gas Company for a limited waiver of tariff provisions. *Filed Date:* 03/25/2008. *Accession Number:* 20080327-0053. *Comment Date:* 5 p.m. Eastern Time on Monday, April 07, 2008. *Docket Numbers:* RP08-281-000. *Applicants:* Questar Overthrust Pipeline Company. *Description:* Questar Overthrust Pipeline Company submits 1st Rev Third Revised Sheet 6 et al. to FERC Gas Tariff, Second Revised Volume 1-A. *Filed Date:* 03/26/2008. *Accession Number:* 20080327-0054. *Comment Date:* 5 p.m. Eastern Time on Monday, April 07, 2008. *Docket Numbers:* RP08-282-000. *Applicants:* Colorado Interstate Gas Company. *Description:* Colorado Interstate Gas Company submits Original Sheet 323B et al. to FERC Gas Tariff, First Revised Volume 1, to be effective April 28, 2008. *Filed Date:* 03/26/2008. *Accession Number:* 20080327-0055. *Comment Date:* 5 p.m. Eastern Time on Monday, April 07, 2008. Any person desiring to intervene or to protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or before 5 p.m. Eastern time on the specified comment date. It is not necessary to separately intervene again in a subdocket related to a compliance filing if you have previously intervened in the same docket. Protests will be considered by the Commission in determining the appropriate action to be taken but will not serve to make protestants parties to the proceeding. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. In reference to filings initiating a new proceeding, interventions or protests submitted on or before the comment deadline need not be served on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at *http://www.ferc.gov* . To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests. Persons unable to file electronically should submit an original and 14 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First St., NE., Washington, DC 20426. The filings in the above proceedings are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. E8-6726 Filed 4-1-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings # 1 March 26, 2008. Take notice that the Commission received the following electric corporate filings: *Docket Numbers:* EC08-55-000. *Applicants:* Blue Canyon Windpower, LLC; Blue Canyon Windpower II LLC; Flat Rock Windpower LLC; Flat Rock Windpower II LLC; High Prairie Wind Farm II, LLC; High Trail Wind Farm, LLC; Old Trail Wind Farm, LLC; Telocaset Wind Power Partners, LLC. *Description:* Application for authorization for Dispositon of Jurisdictional Facilities and Request for Expedited Action of Blue Canyon Windpower LLC *et al.* *Filed Date:* 03/17/2008. *Accession Number:* 20080320-0054. *Comment Date:* 5 p.m. Eastern Time on Monday, April 07, 2008. *Docket Numbers:* EC08-58-000. *Applicants:* Oklahoma Gas and Electric Company; Redbud Energy, LP. *Description:* Oklahoma Gas and Electric Company et al forwards Volumes I and II of a Joint Application for authorization for Disposition of Jurisdictional Facilities under Section 203 of the FPA. *Filed Date:* 03/20/2008. *Accession Number:* 20080324-0013. *Comment Date:* 5 p.m. Eastern Time on Thursday, April 10, 2008. Take notice that the Commission received the following exempt wholesale generator filings: *Docket Numbers:* EG08-51-000. *Applicants:* Twin Cities Hydro LLC. *Description:* EWG Self Certification Notice of Twin Cities Hydro LLC. *Filed Date:* 03/25/2008. *Accession Number:* 20080326-5007. *Comment Date:* 5 p.m. Eastern Time on Tuesday, April 15, 2008. Take notice that the Commission received the following electric rate filings: *Docket Numbers:* ER91-195-000; EL07-69-000. *Applicants:* Western Systems Power Pool. *Description:* Western Energy, Inc and Kansas Gas and Electric Co submits a compliance filing to support Westar's continued use of the “up to” demand charge in the Western Systems Power Pool Agreement etc under ER91-195 *et al.* Filed Date: 03/18/2008. *Accession Number:* 20080320-0219. *Comment Date:* 5 p.m. Eastern Time on Tuesday, April 08, 2008. *Docket Numbers:* ER91-195-000; ER96-719-000; EL07-69-000. *Applicants:* Western Systems Power Pool; MidAmerican Energy Company. *Description:* MidAmerican Energy Co notifies FERC that it does not intend to utilize the cost-based demand charges in the Western Systems Power Pool & submits its compliance filing. *Filed Date:* 03/18/2008. *Accession Number:* 20080320-0218. *Comment Date:* 5 p.m. Eastern Time on Tuesday, April 08, 2008. *Docket Numbers:* ER97-1481-012. *Applicants:* Idaho Power Company. *Description:* Idaho Power Company submits a notice of change in status. *Filed Date:* 03/21/2008. *Accession Number:* 20080325-0248. *Comment Date:* 5 p.m. Eastern Time on Friday, April 11, 2008. *Docket Numbers:* ER98-1643-012. *Applicants:* Portland General Electric Company. *Description:* Portland General Electric Company submits Original Sheet 1 et al to FERC Electric Tariff, Sixth Revised Volume 11 pursuant to the requirements of Order 697. *Filed Date:* 03/20/2008. *Accession Number:* 20080324-0002. *Comment Date:* 5 p.m. Eastern Time on Thursday, April 10, 2008. *Docket Numbers:* ER98-4159-012; ER04-268-009; ER06-398-006; ER06-399-006; ER07-157-004. *Applicants:* Duquesne Light Company; Duquesne Power, LLC; Duquesne Keystone, LLC; Duquesne Conemaugh, LLC; Macquarie Cook Power Inc. *Description:* Duquesne Light Company et al submits notice of change in status related to the inception of a coal trading business by an affiliated company. *Filed Date:* 03/24/2008. *Accession Number:* 20080325-0250. *Comment Date:* 5 p.m. Eastern Time on Monday, April 14, 2008. *Docket Numbers:* ER00-1712-008; ER02-2408-003; ER00-744-006; ER00-1703-003; ER02-1327-005; ER02-1749-003; ER02-1747-003; ER99-4503-005; ER00-2186-003; ER01-1559-004. *Applicants:* PPL Electric Utilities Corporation; Lower Mount Bethel Energy, LLC; PPL Brunner Island, LLC,PPL Holtwood, LLC,PPL Martins Creek, LLC,PPL Susquehanna, LLC; PPL University Park, LLC; PPL EnergyPlus, LLC; PPL Edgewood Energy, LLC; PPL Great Works, LLC; PPL Maine, LLC; PPL Wallingford Energy LLC. *Description:* PPL Northeast Companies submit an informational filing with respect to the Triennial Market Power Update under ER00-1712 *et al.* *Filed Date:* 03/21/2008. *Accession Number:* 20080326-0179. *Comment Date:* 5 p.m. Eastern Time on Friday, April 11, 2008. *Docket Numbers:* ER04-230-034. *Applicants:* New York Independent System Operator, Inc. *Description:* New York Independent System Operator submits proposed compliance revisions to its Market Administration and Control Area Services Tariff and submit an errata to this filing on 3/25/08. *Filed Date:* 03/24/2008; 03/25/2008. *Accession Number:* 20080326-0206; 20080326-0180. *Comment Date:* 5 p.m. Eastern Time on Monday, April 14, 2008. *Docket Numbers:* ER05-1422-005. *Applicants:* Calpine Merchant Services Company, Inc. *Description:* Calpine Corp's amends the Order 697 compliance filing by submitting Substitute Original Sheet 1 and 2 to FERC Electric Tariff 1, First Revised Volume 1. *Filed Date:* 03/21/2008. *Accession Number:* 20080325-0296. *Comment Date:* 5 p.m. Eastern Time on Wednesday, April 2, 2008. *Docket Numbers:* ER07-881-003. *Applicants:* Alliant Energy Corporate Services, Inc. *Description:* Alliant Energy Services, Inc submits their First Revised Sheet 1 et al to FERC Electric Rate Schedule 5, pursuant to FERC's 8/21/07 Order. *Filed Date:* 03/20/2008. *Accession Number:* 20080326-0204. *Comment Date:* 5 p.m. Eastern Time on Thursday, April 10, 2008. *Docket Numbers:* ER08-461-001. *Applicants:* Wisconsin Public Service Corporation. *Description:* Minnesota Power submits a revised Rate Schedule 181 in compliance with Order 614. *Filed Date:* 03/21/2008. *Accession Number:* 20080324-0023. *Comment Date:* 5 p.m. Eastern Time on Friday, April 11, 2008. *Docket Numbers:* ER08-637-001. *Applicants:* Midwest Independent Transmission System Operator, Inc. *Description:* Midwest Independent Transmission Operator, Inc informs FERC that they submitted its Open Access Transmission and Energy Markets Tariff in March 4 Filing relating to the implementation of certain Coordination Services. *Filed Date:* 03/24/2008. *Accession Number:* 20080325-0297. *Comment Date:* 5 p.m. Eastern Time on Monday, April 14, 2008. *Docket Numbers:* ER08-693-000; EC08-57-000. *Applicants:* NRG Southaven LLC; Southaven Power, LLC. *Description:* NRG Southaven, LLC's *et al.* application for authorization of the disposition of jurisdictional facilities under Section 203 of the Federal Power Act, request for waivers of Order 888, 889 & 890, shortened notice period, & expedited action,. *Filed Date:* 03/20/2008. *Accession Number:* 20080324-0011. *Comment Date:* 5 p.m. Eastern Time on Thursday, April 10, 2008. *Docket Numbers:* ER08-696-000. *Applicants:* ISO New England Inc. and New England Power Pool Participants Committee. *Description:* ISO New England, Inc and New England Power Pool Participants Committee submits materials which identify the monthly Installed Capacity Requirements for the 2008/2009 Capability Year. *Filed Date:* 03/21/2008. *Accession Number:* 20080324-0022. *Comment Date:* 5 p.m. Eastern Time on Friday, April 11, 2008. *Docket Numbers:* ER08-697-000. *Applicants:* ISO New England Inc. and New England Power Pool Participants Committee. *Description:* ISO New England, Inc and New England Power Pool Participants Committee submits revised tariff sheets and supporting joint testimony of Marc D Montalvo *et al.* re proposed revisions to Market Rule 1 etc. *Filed Date:* 03/21/2008. *Accession Number:* 20080324-0024. *Comment Date:* 5 p.m. Eastern Time on Friday, April 11, 2008. *Docket Numbers:* ER08-698-000. *Applicants:* PJM Interconnection, L.L.C. *Description:* PJM Interconnection, LLC submits an executed interconnection service agreement among PJM, PPL Holtwood LLC and PPL Electric Utilities Corporation and a notice of cancellation of an ISA being superseded. *Filed Date:* 03/24/2008. *Accession Number:* 20080325-0298. *Comment Date:* 5 p.m. Eastern Time on Monday, April 14, 2008. *Docket Numbers:* ER08-699-000. *Applicants:* New York Independent System Operator, Inc. *Description:* New York Independent System Operator, Inc *et al.* submits an executed Large Generator Interconnection Agreement as the Transmission Provider, NYPA as the Transmission, Owner, & Noble Ellenburg Windpark, LLC. *Filed Date:* 03/24/2008. *Accession Number:* 20080325-0386. *Comment Date:* 5 p.m. Eastern Time on Monday, April 14, 2008. *Docket Numbers:* ER08-700-000. *Applicants:* California Independent System Operator Corporation. *Description:* California Independent System Operator Corp submits their informational filing regarding the revised transmission Access Charges, effective 1/1/08. *Filed Date:* 03/25/2008. *Accession Number:* 20080326-0203. *Comment Date:* 5 p.m. Eastern Time on Tuesday, April 15, 2008. *Docket Numbers:* ER08-701-000. *Applicants:* ProLiance Energy, LLC. *Description:* ProLiance Energy, LLC submits a Notice of Cancellation of their FERC Electric Tariff, First Revised Volume 1. *Filed Date:* 03/25/2008. *Accession Number:* 20080326-0202. *Comment Date:* 5 p.m. Eastern Time on Tuesday, April 15, 2008. *Docket Numbers:* ER08-702-000. *Applicants:* Allegheny Energy Supply Company, LLC. *Description:* Allegheny Energy Supply Co, LLC requests for authorization to make wholesale power sales to Potomac Edison Co etc. *Filed Date:* 03/25/2008. *Accession Number:* 20080326-0205. *Comment Date:* 5 p.m. Eastern Time on Tuesday, April 15, 2008. Take notice that the Commission received the following electric securities filings: *Docket Numbers:* ES08-38-000. *Applicants:* Midwest Independent Transmission System Operator. *Description:* Application of the Midwest ISO under Section 204 of the FPA to Issue Securities. *Filed Date:* 03/25/2008. *Accession Number:* 20080325-5071. *Comment Date:* 5 p.m. Eastern Time on Tuesday, April 15, 2008. Any person desiring to intervene or to protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or before 5 p.m. Eastern time on the specified comment date. It is not necessary to separately intervene again in a subdocket related to a compliance filing if you have previously intervened in the same docket. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. In reference to filings initiating a new proceeding, interventions or protests submitted on or before the comment deadline need not be served on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at *http://www.ferc.gov.* To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests. Persons unable to file electronically should submit an original and 14 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First St. NE., Washington, DC 20426. The filings in the above proceedings are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed dockets(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. E8-6727 Filed 4-1-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 7528-009] Public Service Company of New Hampshire; Notice of Availability of Environmental Assessment March 26, 2008. In accordance with the National Environmental Policy Act of 1969 and the Federal Energy Regulatory Commission's regulations, 18 CFR Part 380 (Order No. 486, 52 F.R. 47897), the Office of Energy Projects has reviewed the application for a subsequent license for the 1.1-megawatt Canaan Project, located on the Connecticut River, in Coos County, New Hampshire, and Essex County, Vermont, and has prepared an Environmental Assessment (EA). In the EA, Commission staff analyze the potential environmental effects of relicensing the project and conclude that issuing a subsequent license for the project, with appropriate environmental measures, would not constitute a major federal action significantly affecting the quality of the human environment. A copy of the EA is on file with the Commission and is available for public inspection. The EA may also be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access documents. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at 1-866-208-3676, or for TTY,
(202)502-8659. You may also register online at *http://www.ferc.gov/docs-filing/esubscription.asp* to be notified via e-mail of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. Comments on the EA should be filed within 30 days from the issuance date of this notice, and should be addressed to the Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Room 1-A, Washington, DC 20426. Please affix “Canaan Project No. 7528-009” to all comments. Comments may be filed electronically via Internet in lieu of paper. The Commission strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “eFiling” link. For further information, contact Kristen Murphy at
(202)502-6236. Kimberly D. Bose, Secretary. [FR Doc. E8-6722 Filed 4-1-08; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2007-0588; FRL-8357-9] Acrolein Revised Risk Assessments; Notice of Availability and Solicitation of Risk Reduction Options AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces the availability of EPA's revised risk assessments for the pesticide acrolein. In addition, this notice solicits public comment on risk reduction and alternative options for acrolein (Phase 5 of 6-Phase Process). The public is encouraged to suggest risk management ideas or proposals to address the risks identified. EPA is developing a Reregistration Eligibility Decision
(RED)for acrolein through the full, 6-Phase public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards. DATES: Comments must be received on or before June 2, 2008. ADDRESSES: Submit your comments, identified by docket identification
(ID)number EPA-HQ-OPP-2007-0588, by one of the following methods: • *Federal eRulemaking Portal* : *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs
(OPP)Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. • *Delivery* : OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only accepted during the Docket's normal hours of operation 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. Special arrangements should be made for deliveries of boxed information. The Docket Facility telephone number is
(703)305-5805. *Instructions* : Direct your comments to docket ID number EPA-HQ-OPP-2007-0588. EPA's policy is that all comments received will be included in the docket without change and may be made available on-line at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or e-mail. The regulations.gov website is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. *Docket* : All documents in the docket are listed in the docket index available in regulations.gov. To access the electronic docket, go to *http://www.regulations.gov* , select “Advanced Search,” then “Docket Search.” Insert the docket ID number where indicated and select the “Submit” button. Follow the instructions on the regulations.gov website to view the docket index or access available documents. Although, listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either in the electronic docket at *http://www.regulations.gov* , or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is
(703)305-5805. FOR FURTHER INFORMATION CONTACT: John W. Pates, Jr., Special Review and Reregistration Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(703)308-8195; fax number:
(703)308-7070; e-mail address: * pates.john@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general, and may be of interest to a wide range of stakeholders including environmental, human health, and agricultural advocates; the chemical industry; pesticide users; and members of the public interested in the sale, distribution, or use of pesticides. Since others also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT . B. What Should I Consider as I Prepare My Comments for EPA? 1. *Submitting CBI* . Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. *Tips for preparing your comments* . When submitting comments, remember to: i. Identify the document by docket ID number and other identifying information (subject heading, **Federal Register** date and page number). ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations
(CFR)part or section number. iii. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. iv. Describe any assumptions and provide any technical information and/or data that you used. v. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. vi. Provide specific examples to illustrate your concerns and suggest alternatives. vii. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. viii. Make sure to submit your comments by the comment period deadline identified. II. Background A. What Action is the Agency Taking? EPA is making available the Agency's revised risk assessments for both ecological and human health risk, initially issued for comment through two **Federal Register** notices published on July 25, 2007 (72 FR 40857 (FRL-8140-8) and November 2, 2007 (72 FR 62230 -) (FRL-8154-4), respectively; a response to comments, and related documents for acrolein. EPA also is soliciting public comment on risk reduction and alternative options for acrolein. In addition, in order to allow a more completed benefits assessment for identified risks of concern, the Agency is soliciting information to several questions referenced in their alternative assessment summary and uncertainties document to help better understand the importance of acrolein to irrigation. EPA developed the risk assessments for acrolein as part of its public process for making pesticide reregistration eligibility and tolerance reassessment decisions. Through these programs, EPA is ensuring that pesticides meet current standards under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA). Acrolein is registered as a non-food use aquatic herbicide Magnacide H: (EPA Registration#: 10707-9) used in irrigation canals and holding ponds. It is a non-specific biocide that controls aquatic weeds by breaking down their cell walls. Acrolein is formulated as a liquid, and is metered directly into irrigation canals and reservoirs. Acrolein is also used as a bactericide Magnacide B: (EPA Registration #: 10707-10) during the production of petroleum. This product is used to control bacteria that produce corrosive hydrogen sulfide in oil water ststems. For the bactericide use, acrolein is injected deep into oil field wells. EPA is providing an opportunity, through this notice, for interested parties to provide risk management proposals or otherwise comment on risk management for acrolein. Risks of concern that exceed the Agency's level of concern associated with the use of acrolein are exposure to bystanders during application to irrigation canals. In addition, the Agency has identified several ecological risks that exceed its level of concern following acute exposures to freshwater fish, invertebrates, non-target aquatic plants, and estuarine/marine invertebrates. In targeting these risks of concern, the Agency solicits information on effective and practical risk reduction measures. EPA is applying the principles of public participation to all pesticides undergoing reregistration and tolerance reassessment. The Agency's Pesticide Tolerance Reassessment and Reregistration; Public Participation Process, published in the **Federal Register** on May 14, 2004, (69 FR 26819) (FRL-7357-9) explains that in conducting these programs, EPA is tailoring its public participation process to be commensurate with the level of risk, extent of use, complexity of issues, and degree of public concern associated with each pesticide. Due to its acute risks, multiple ecological incidents, and worker incidents acrolein is being reviewed through the full 6-Phase public participation process. All comments should be submitted using the methods in ADDRESSES , and must be received by EPA on or before the closing date. Comments and proposals will become part of the Agency Docket for acrolein. Comments received after the close of the comment period will be marked “late”. EPA is not required to consider these late comments. After considering comments received, EPA will develop and issue for comment the acrolein RED. B. What is the Agency's Authority for Taking this Action? Section 4(g)(2) of FIFRA, as amended, directs that, after submission of all data concerning a pesticide active ingredient, “the Administrator shall determine whether pesticides containing such active ingredient are eligible for reregistration,” before calling in product specific data on individual end-use products and either reregistering products or taking other “appropriate regulatory action.” List of Subjects Environmental protection, Pesticides and pests. Dated: March 25, 2008. Steven Bradbury, Director, Special Review and Reregistration Division, Office of Pesticide Programs. [FR Doc. E8-6817 Filed 4-1-08; 8:45 a.m.] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2008-0156; FRL-8354-8] Agency Information Collection Activities; Proposed Collection; Comment Request; Use of Consumer Research in Developing Improved Labeling for Pesticide Products; EPA ICR No. 2297.01, OMB Control No. 2070-new AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act
(PRA)(44 U.S.C. 3501 *et seq* .), this document announces that EPA is planning to submit a request approval for a new Information Collection Request
(ICR)to the Office of Management and Budget (OMB). This ICR, entitled: “Use of Consumer Research in Developing Improved Labeling for Pesticide Products” and identified by EPA ICR No. 2297.01 and OMB Control No. 2070-new. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection. DATES: Comments must be received on or before June 2, 2008. ADDRESSES: Submit your comments, identified by docket identification
(ID)number EPA-HQ-OPP-2008-0156, by one of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs
(OPP)Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. • *Delivery* : OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only accepted during the Docket's normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays). Special arrangements should be made for deliveries of boxed information. The Docket Facility telephone number is
(703)305-5805. *Instructions* : Direct your comments to docket ID number EPA-HQ-OPP-2008-0156. EPA's policy is that all comments received will be included in the docket without change and may be made available on-line at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or e-mail. The regulations.gov website is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. *Docket* : All documents in the docket are listed in the docket index available in regulations.gov. To access the electronic docket, go to *http://www.regulations.gov* , select “Advanced Search,” then “Docket Search.” Insert the docket ID number where indicated and select the “Submit” button. Follow the instructions on the regulations.gov website to view the docket index or access available documents. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either in the electronic docket at *http://www.regulations.gov* , or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is
(703)305-5805. FOR FURTHER INFORMATION CONTACT: Cameo G. Smoot, Field and External Affairs Division (7506P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(703)305-5454; fax number:
(703)305-5884; e-mail address: *smoot.cameo@epa.gov* . SUPPLEMENTARY INFORMATION: I. What Information is EPA Particularly Interested in? Pursuant to section 3506(c)(2)(A) of PRA, EPA specifically solicits comments and information to enable it to: 1. 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. 2. Evaluate the accuracy of the Agency's estimates of the burden of the proposed collection of information, including the validity of the methodology and assumptions used. 3. Enhance the quality, utility, and clarity of the information to be collected. 4. 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 submission of responses. In particular, EPA is requesting comments from very small businesses (those that employ less than 25) on examples of specific additional efforts that EPA could make to reduce the paperwork burden for very small businesses affected by this collection. II. What Should I Consider when I Prepare My Comments for EPA? You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible and provide specific examples. 2. Describe any assumptions that you used. 3. Provide copies of any technical information and/or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Provide specific examples to illustrate your concerns. 6. Offer alternative ways to improve the collection activity. 7. Make sure to submit your comments by the deadline identified under DATES . 8. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and **Federal Register** citation. III. What Information Collection Activity or ICR Does this Action Apply to? *Affected entities* : Entities potentially affected by this action are members of the general public. *Title* : Use of Consumer Research in Developing Improved Labeling for Pesticide Products. *ICR numbers* : EPA ICR No. 2297.01, OMB Control No. 2070-new. *ICR status* : This ICR is for a new information collection activity. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the **Federal Register** when approved, are listed in 40 CFR part 9, are displayed either by publication in the **Federal Register** or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. *Abstract* : EPA is proposing to initiate a new information collection activity. EPA intends to initiate a voluntary information collection for consumer research involving the conduct of surveys, focus groups, and one-on-one interviews to test various versions of pesticide product labels and other informational materials developed for the general public. The pesticide label provides critical information about how to handle and safely use the pesticide product and avoid harm to human health and the environment. Every pesticide product must bear a label containing the information specified by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) as established in EPA's labeling regulations at 40 CFR 156.10. The purpose for such consumer research is to identify the consumer's understanding of the information on a pesticide product label. EPA would use this information to formulate decisions and policies affecting the labeling of pesticide products. The ultimate goal of this activity is to assure that the consumer can effectively use this information to select the pesticide product most likely to meet their needs and readily understand label instructions regarding product use. The collected information would be used to revise pesticide product labels and to create other user friendly consumer information materials. It is anticipated that several surveys, focus groups, and/or one-on-one interviews would be conducted over the life of the ICR. *Burden statement* : The annual public burden for this collection of information is estimated to average 2.9 hours per response. There are no recordkeeping burdens associated with this collection. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal Agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. The ICR provides a detailed explanation of this estimate, which is only briefly summarized here: *Estimated total number of potential respondents* : 3,072. *Frequency of response* : On occasion. *Estimated total average number of responses for each respondent* : 1. *Estimated total annual burden hours* : 381.34 hours. *Estimated total annual costs* : $9,594.35. There are no capital expenditures or operational costs associated with this collection activity. IV. What is the Next Step in the Process for this ICR? EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval pursuant to 5 CFR 1320.12. EPA will issue another **Federal Register** notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. If you have any questions about this ICR or the approval process, please contact the person listed under FOR FURTHER INFORMATION CONTACT . List of Subjects Environmental protection, Reporting and recordkeeping requirements. Dated: March 24, 2008. James B. Gulliford, Assistant Administrator, Office of Prevention, Pesticides and Toxic Substances. [FR Doc. E8-6671 Filed 4-1-08; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2008-0191; FRL-8355-3] Agency Information Collection Activities; Proposed Collection; Comment Request; Application for New and Amended Pesticide Registration; EPA ICR No. 0277.15, OMB Control No. 2070-0060 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act
(PRA)(44 U.S.C. 3501 *et seq* .), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request
(ICR)to the Office of Management and Budget (OMB). This ICR, entitled: “Application for New and Amended Pesticide Registration” and identified by EPA ICR No. 0277.15 and OMB Control No. 2070-0060, is scheduled to expire on November 30, 2008. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection. DATES: Comments must be received on or before June 2, 2008. ADDRESSES: Submit your comments, identified by docket identification
(ID)number EPA-HQ-OPP-2008-0191, by one of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs
(OPP)Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. • *Delivery* : OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only accepted during the Docket's normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays). Special arrangements should be made for deliveries of boxed information. The Docket Facility telephone number is
(703)305-5805. *Instructions* : Direct your comments to docket ID number EPA-HQ-OPP-2008-0191. EPA's policy is that all comments received will be included in the docket without change and may be made available on-line at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or e-mail. The regulations.gov website is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. *Docket* : All documents in the docket are listed in the docket index available in regulations.gov. To access the electronic docket, go to *http://www.regulations.gov* , select “Advanced Search,” then “Docket Search.” Insert the docket ID number where indicated and select the “Submit” button. Follow the instructions on the regulations.gov website to view the docket index or access available documents. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either in the electronic docket at *http://www.regulations.gov* , or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is
(703)305-5805. FOR FURTHER INFORMATION CONTACT: Cameo Smoot, Field and External Affairs Division (7506P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(703)305-5454; fax number:
(703)305-5884; e-mail address: *smoot.cameo@epa.gov* . SUPPLEMENTARY INFORMATION: I. What Information is EPA Particularly Interested in? Pursuant to section 3506(c)(2)(A) of PRA, EPA specifically solicits comments and information to enable it to: 1. 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. 2. Evaluate the accuracy of the Agency's estimates of the burden of the proposed collection of information, including the validity of the methodology and assumptions used. 3. Enhance the quality, utility, and clarity of the information to be collected. 4. 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 submission of responses. In particular, EPA is requesting comments from very small businesses (those that employ less than 25) on examples of specific additional efforts that EPA could make to reduce the paperwork burden for very small businesses affected by this collection. II. What Should I Consider when I Prepare My Comments for EPA? You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible and provide specific examples. 2. Describe any assumptions that you used. 3. Provide copies of any technical information and/or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Provide specific examples to illustrate your concerns. 6. Offer alternative ways to improve the collection activity. 7. Make sure to submit your comments by the deadline identified under DATES . 8. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and **Federal Register** citation. III. What Information Collection Activity or ICR Does this Action Apply to? *Affected entities* : Entities potentially affected by this action are the North American Industrial Classification System (NAICS) codes assigned to the parties responding to this information, which are pesticide, fertilizer, and other agricultural chemical manufacturing (325300). *Title* : Application for New and Amended Pesticide Registration. *ICR numbers* : EPA ICR No. 0277.15, OMB Control No. 2070-0060. *ICR status* : This ICR is currently scheduled to expire on November 30, 2008. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the **Federal Register** when approved, are listed in 40 CFR part 9, are displayed either by publication in the **Federal Register** or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. *Abstract* : This data collection program is designed to provide EPA with necessary data to evaluate an application of a pesticide product as required under section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and Federal Food, Drug, and Cosmetic Act (FFDCA), as amended. Under FIFRA, EPA must evaluate pesticides thoroughly before they can be marketed and used in the United States to ensure that they will not pose unreasonable adverse effects to human health and the environment. Pesticides that meet this test are granted a license or “registration” which permits their distribution, sale, and use according to requirements set by EPA to protect human health and the environment. An individual or entity wanting to obtain a registration for a pesticide product must submit an application package consisting of information relating to the identity and composition of the product, proposed labeling, and supporting data (or compensation for others' data) for the product as outlined in 40 CFR part 158. EPA bases registration decisions for pesticides on its evaluation of a battery of test data provided primarily by applicants for registration. Required studies include testing to show whether a pesticide has the potential to cause unreasonable adverse human health or environmental effects. The Agency currently collects data on physical chemistry, toxicology, environmental fate, ecological effects, worker exposure, residue chemistry, environmental chemistry, and product performance. If EPA's evaluation of the data shows that the statutory requirements of FIFRA are met, then a registration is approved. Under FIFRA all pesticides must be registered by EPA before they may be sold or distributed in U.S. commerce. *Burden statement* : The annual public reporting and recordkeeping burden for this collection of information is estimated to range between 14 to 646 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal Agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. The ICR provides a detailed explanation of this estimate, which is only briefly summarized here: *Estimated total number of respondents* : 2,100. *Frequency of response* : On occasion. *Estimated total average burden per response* : Ranges from 14 to 646; depending on type of registration activity. *Estimated total annual burden hours* : 75,922 hours. *Estimated total annual costs* : $ 5,561,258. IV. Are There Changes in the Estimates from the Last Approval? There is a decrease of 77,052 hours (from 152,974 to 75,922) in the total estimated respondent burden compared with that identified in the ICR currently approved by OMB. This decrease reflects a decline in the number of estimated responses, and is due, in part, to EPA's enhanced ability to more accurately track registration activities via upgraded database systems. This enhancement has enabled EPA to identify and eliminate some double-counting of submitted responses. This change is an adjustment. V. What is the Next Step in the Process for this ICR? EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval pursuant to 5 CFR 1320.12. EPA will issue another **Federal Register** notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. If you have any questions about this ICR or the approval process, please contact the person listed under FOR FURTHER INFORMATION CONTACT . List of Subjects Environmental protection, Reporting and recordkeeping requirements. Dated: March 24, 2008. James B. Gulliford, Assistant Administrator, Office of Prevention, Pesticides and Toxic Substances. [FR Doc. E8-6672 Filed 4-1-08; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [FRL-8550-2] Clean Water Act Section 303(d): Final Agency Action on 56 Total Maximum Daily Loads (TMDLs) AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of availability. SUMMARY: This notice announces final agency action on 56 TMDLs prepared by EPA Region 6 for waters listed in Louisiana's Red, Sabine, and the Terrebonne Basins, under section 303(d) of the Clean Water Act (CWA). Documents from the administrative record file for the 56 TMDLs, including the TMDL calculations and responses to comments, may be viewed at *http://www.epa.gov/earth1r6/6wq/npdes/tmdl/index.htm.* The administrative record file may be examined by calling or writing Ms. Diane Smith at the address below. Please contact Ms. Smith to schedule an inspection. FOR FURTHER INFORMATION CONTACT: Diane Smith, Environmental Protection Specialist, Water Quality Protection Division, U.S. EPA Region 6, 1445 Ross Avenue, Dallas, TX 75202-2733,
(214)665-2145. SUPPLEMENTARY INFORMATION: In 1996, two Louisiana environmental groups, the Sierra Club and Louisiana Environmental Action Network (plaintiffs), filed a lawsuit in Federal Court against the EPA, styled *Sierra Club, et al.* v. *Clifford et al.* , No. 96-0527, (E.D. La.). Among other claims, plaintiffs alleged that EPA failed to establish Louisiana TMDLs in a timely manner. EPA established 43 of these TMDLs pursuant to a consent decree entered in this lawsuit. EPA Takes Final Agency Action on 56 TMDLs By this notice EPA is taking final agency action on the following 56 TMDLs for waters located within the Louisiana river basins: Subsegment Waterbody name Pollutant 100404 Cypress Bayou Reservoir Dissolved Oxygen. 100405 Black Bayou (including Black Bayou Reservoir) Dissolved Oxygen. 100406 Flat River—Headwaters to Loggy Bayou Nutrients and Dissolved Oxygen. 100501 Bayou Dorcheat—Arkansas State Line to Lake Bistineau (scenic) Dissolved Oxygen and Mercury. 100601 Bayou Pierre—Headwaters to Sawing Lake Nutrients and Dissolved Oxygen. 100602 Boggy Bayou—Headwaters to Wallace Lake Nutrients and Dissolved Oxygen. 100702 Black Lake Bayou—Webster-Bienville Parish Line Dissolved Oxygen. 100703 Black Lake and Clear Lake Dissolved Oxygen. 100803 Saline Bayou—From Saline Lake to Red River Dissolved Oxygen. 101301 Rigolette Bayou—Headwaters to Red River Dissolved Oxygen. 101302 Iatt Lake Dissolved Oxygen. 101604 Lake Concordia Dissolved Oxygen. 110401 Bayou Toro—Headwaters to LA Hwy. 473 Dissolved Oxygen. 120102 Bayou Poydras Nutrients and Dissolved Oxygen. 120103 Bayou Choctaw Nutrients, Nitrogen, Phosphorus, and Dissolved Oxygen. 120105 Chamberlin Canal Nutrients, Nitrogen, Phosphorus, and Dissolved Oxygen. 120106 Bayou Plaquemine—Plaquemine Lock to Intracoastal Waterway Nutrients and Dissolved Oxygen. 120107 Upper Grand River and Lower Flat River—Headwaters to Intracoastal Waterway Dissolved Oxygen. 120109 Intracoastal Waterway—Morgan City to Port Allen Route—Port Allen Locks to Bayou Sorrel Locks Nutrients and Dissolved Oxygen. 120110 Bayou Cholpe—Headwaters to Bayou Choctaw Dissolved Oxygen. 120202 Bayou Black—Intracoastal Waterway to Houma Nutrients and Dissolved Oxygen. 120204 Lake Verret and Grassy Lake Nutrients and Dissolved Oxygen. 120205 Lake Palourde pH. 120206 Grand Bayou and Little Grand Bayou—Headwaters to Lake Varret TSS. 120304 Intracoastal Waterway—Houma to Larose Nutrients and Dissolved Oxygen. 120401 Bayou Penchant—Bayou Chene to Lake Penchant Dissolved Oxygen. 120402 Bayou Chene—From Intracoastal Waterway to Bayou Penchant Navigation Canal to Terrebonne Bay pH. 120403 Intracoastal Waterway—Bayou Boeuf Dissolved Oxygen. 120404 Lake Penchant Dissolved Oxygen. 120405 Lake Hache, Lake Theriot Nutrients and Dissolved Oxygen. 120406 Lake de Cade Nutrients and Dissolved Oxygen. 120604 Bayou Blue—Intracoastal Waterway to boundary between segments 1206 and 1207 Dissolved Oxygen. 120606 Bayou Blue—Grand Bayou Canal to boundary between segments 1206 and 1207 (Estuarine) Nutrients and Dissolved Oxygen. 120708 Lost Lake, Four League Bay Nutrients and Dissolved Oxygen. 120709 Bayou Petite Caillou—From Houma Navigation Canal to Terrebonne Bay Nutrients and Dissolved Oxygen. EPA requested the public to provide EPA with any significant data or information that might impact the 56 final TMDLs in the **Federal Register** Notices: Volume 72, Number 206, pages 60666 and 60667 (October 25, 2007); Volume 72, Number 209, pages 61355 and 61356 (October 30, 2007); and Volume 73, Number 22, pages 6178 and 6179 (February 1, 2008). The comments were received, and EPA's response to comments and the TMDLs may be found at *http://www.epa.gov/earth1r6/6wq/npdes/tmdl/index.htm.* Dated: March 26, 2008. Miguel Flores, Director, Water Quality Protection Division, EPA Region 6. [FR Doc. E8-6815 Filed 4-1-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8550-6] Meeting of the Ozone Transport Commission AGENCY: Environmental Protection Agency. ACTION: Notice of meeting. SUMMARY: The United States Environmental Protection Agency is announcing the 2008 Annual Meeting of the Ozone Transport Commission (OTC). This OTC meeting will explore options available for reducing ground-level ozone precursors in a multi-pollutant context. DATES: The meeting will be held on June 11, 2008 starting at 9 and ending at 5 p.m. ADDRESSES: Crowne Plaza Cherry Hill, 2349 West Marlton Pike, Cherry Hill, New Jersey 08002;
(856)665-6666. FOR FURTHER INFORMATION CONTACT: For documents and press inquiries contact: Ozone Transport Commission, 444 North Capitol Street NW., Suite 638, Washington, DC 20001;
(202)508-3840; e-mail: *ozone@otcair.org;* Web site: *http://www.otcair.org.* SUPPLEMENTARY INFORMATION: The Clean Air Act Amendments of 1990 contain at Section 184 provisions for the “Control of Interstate Ozone Air Pollution.” Section 184(a) establishes an “Ozone Transport Region”
(OTR)comprised of the States of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, parts of Virginia and the District of Columbia. The purpose of the Ozone Transport commission is to deal with ground-level ozone formation, transport, and control within the OTR. *Type of Meeting:* Open. *Agenda:* Copies of the final agenda will be available from the OTC office
(202)508-3840; by e-mail: *ozone@otcair.org* or via the OTC Web site at *http://www.otcair.org.* Dated: March 18, 2008. William T. Wisniewski, Acting Regional Administrator, Region III. [FR Doc. E8-6820 Filed 4-1-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8550-5] Notice of Proposed Administrative Settlement Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act AGENCY: Environmental Protection Agency (EPA). ACTION: Notice; request for public comment. SUMMARY: In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (CERCLA), 42 U.S.C. 9622(i), notice is hereby given of a proposed administrative settlement concerning the R&H Oil/Tropicana Superfund Site, San Antonio, Bexar County, Texas. The settlement requires the one hundred nineteen
(119)settling parties to pay a total of $2,204,080.23 as payment of response costs to the Hazardous Substances Superfund. The settlement includes a covenant not to sue or take administrative action on matters related to the Site pursuant to Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607. For thirty
(30)days following the date of publication of this notice, the Agency will receive written comments relating to this notice and will receive written comments relating to the settlement. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at 1445 Ross Avenue, Dallas, Texas 75202-2733. DATES: Comments must be submitted on or before May 2, 2008. ADDRESSES: The proposed settlement and additional background information relating to the settlement are available for public inspection at 1445 Ross Avenue, Dallas, Texas 75202-2733. A copy of the proposed settlement may be obtained from Kevin Shade, 6SF-TE, 1445 Ross Avenue, Dallas, Texas 75202-2733 or by calling
(214)665-2708. Comments should reference the R&H Oil/Tropicana Superfund Site, San Antonio, Bexar County, Texas, and EPA Docket Number 06-10-06, and should be addressed to Kevin Shade at the address listed above. FOR FURTHER INFORMATION CONTACT: I-Jung Chiang, 6RC-S, 1445 Ross Avenue, Dallas, Texas 75202-2733 or call
(214)665-2160. Dated: March 25, 2008. Lawrence E. Starfield, Acting Regional Administrator, Region 6. [FR Doc. E8-6828 Filed 4-1-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2008-0171; FRL-8357-7] Certain Tributyltin Compounds, Risk Assessments; Notice of Availability AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces the availability of EPA's risk assessments, and related documents for the pesticides tributyltin oxide, tributyltin benzoate, and tributyltin maleate, and opens a public comment period on these documents (Phase 3 of 4-Phase Process). The public is encouraged to suggest risk management ideas or proposals to address the risks identified. EPA is developing a Reregistration Eligibility Decision
(RED)for tributyltin oxide, tributyltin benzoate, and tributyltin maleate through a modified, 4-Phase public participation process that the Agency uses to involve the public in developing pesticide reregistration decisions. Through this program, EPA is ensuring that all pesticides meet current health and safety standards. DATES: Comments must be received on or before June 2, 2008. ADDRESSES: Submit your comments, identified by docket identification
(ID)number EPA-HQ-OPP-2008-0171, by one of the following methods: • *Federal eRulemaking Portal* : *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs
(OPP)Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. • *Delivery* : OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only accepted during the Docket's normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays). Special arrangements should be made for deliveries of boxed information. The Docket Facility telephone number is
(703)305-5805. *Instructions* : Direct your comments to docket ID number EPA-HQ-OPP-2008-0171. EPA's policy is that all comments received will be included in the docket without change and may be made available on-line at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or e-mail. The regulations.gov website is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. *Docket* : All documents in the docket are listed in the docket index available in regulations.gov. To access the electronic docket, go to *http://www.regulations.gov* , select “Advanced Search,” then “Docket Search.” Insert the docket ID number where indicated and select the “Submit” button. Follow the instructions on the regulations.gov website to view the docket index or access available documents. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either in the electronic docket at *http://www.regulations.gov* , or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is
(703)305-5805. FOR FURTHER INFORMATION CONTACT: Jill Bloom, Special Review and Reregistration Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(703)308-8019; fax number:
(703)308-7070; e-mail address: *bloom.jill@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general, and may be of interest to a wide range of stakeholders including environmental, human health, and agricultural advocates; the chemical industry; pesticide users; and members of the public interested in the sale, distribution, or use of pesticides. Since others also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT . B. What Should I Consider as I Prepare My Comments for EPA? 1. * Submitting CBI* . Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. * Tips for preparing your comments* . When submitting comments, remember to: i. Identify the document by docket ID number and other identifying information (subject heading, **Federal Register** date and page number). ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations
(CFR)part or section number. iii. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. iv. Describe any assumptions and provide any technical information and/or data that you used. v. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. vi. Provide specific examples to illustrate your concerns and suggest alternatives. vii. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. viii. Make sure to submit your comments by the comment period deadline identified. II. Background A. What Action is the Agency Taking? EPA is releasing for public comment its human health and environmental fate and effects risk assessments and related documents for tributyltin oxide, tributyltin benzoate, and tributyltin maleate, and soliciting public comment on risk management ideas or proposals. These three pesticide active ingredients are registered for a wide variety of uses, including antifoulants in specific, limited applications, and to control microbial growth in water cooling towers, construction materials, coatings, textiles, and animal housing facilities and hatchery applications. EPA developed the risk assessments and risk characterization for tributyltin oxide, tributyltin benzoate, and tributyltin maleate through a modified version of its public process for making pesticide reregistration eligibility and tolerance reassessment decisions. Through these programs, EPA is ensuring that pesticides meet current standards under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA). The three tributyltin
(TBT)compounds are formulated for application both in manufacturing processes and as end-use products applied directly by consumers. TBT oxide is registered for use in sites including antifoulant-impregnated rubber shaped for sonar domes, antifoulant components of oceanographic instruments, wood preservatives, construction materials including drywall, sterilants for nonfood processing equipment used in materials manufacture, hard surface disinfectants for hatchery and poultry/swine farm premises, and textiles. TBT benzoate is registered for use in sites including construction materials such as spackling compound and in adhesives for non-food contact surfaces. TBT maleate is registered for use as a materials preservative in sites including foam, textiles, carpet backing, and adhesives. EPA is providing an opportunity, through this notice, for interested parties to provide comments and input on the Agency's risk assessments for tributyltin oxide, tributyltin benzoate, and tributyltin maleate. Such comments and input could address, for example, the availability of additional data to further refine the risk assessments, including information on residues of TBT in livestock and eggs from treated facilities, dermal and inhalation unit exposure values, leaching from treated wood, immunotoxicity, bioaccumulation, the availability of cost-effective alternatives to TBT, and unique benefits for the use of TBT could address the Agency's risk assessment methodologies and assumptions as applied to this specific pesticide. Through this notice, EPA also is providing an opportunity for interested parties to provide risk management proposals or otherwise comment on risk management for tributyltin oxide, tributyltin benzoate, and tributyltin maleate. Risks of concern associated with the use of these active ingredients are: Those associated with immunotoxicity, endocrine disruption, and bioaccumulation; application of wood preservative formulations; wearing treated clothing; using a treated mattress cover; worker application and post-application tasks for TBT treatments of agricultural premises; re-entry into treated agricultural premises; liquid pouring for manufacture of construction materials, and oilfield uses. In targeting these risks of concern, the Agency solicits information on effective and practical risk reduction measures. EPA seeks to achieve environmental justice, the fair treatment and meaningful involvement of all people, regardless of race, color, national origin, or income, in the development, implementation, and enforcement of environmental laws, regulations, and policies. To help address potential environmental justice issues, the Agency seeks information on any groups or segments of the population who, as a result of their location, cultural practices, or other factors, may have atypical, unusually high exposure to tributyltin oxide, tributyltin benzoate, and tributyltin maleate, compared to the general population. EPA is applying the principles of public participation to all pesticides undergoing reregistration and tolerance reassessment. The Agency's Pesticide Tolerance Reassessment and Reregistration; Public Participation Process, published in the **Federal Register** on May 14, 2004 (69 FR 26819) (FRL-7357-9), explains that in conducting these programs, the Agency is tailoring its public participation process to be commensurate with the level of risk, extent of use, complexity of the issues, and degree of public concern associated with each pesticide. For tributyltin oxide, tributyltin benzoate, and tributyltin maleate, a modified, 4-Phase process with one comment period for public consultation seems appropriate in view of its limited use. However, if as a result of comments received during this comment period EPA finds that additional issues warranting further discussion are raised, the Agency may lengthen the process and include a second comment period, as needed. All comments should be submitted using the methods in ADDRESSES , and must be received by EPA on or before the closing date. Comments will become part of the Agency Docket for tributyltin oxide, tributyltin benzoate, and tributyltin maleate. Comments received after the close of the comment period will be marked “late.” EPA is not required to consider these late comments. B. What is the Agency's Authority for Taking this Action? Section 4(g)(2) of FIFRA, as amended, directs that, after submission of all data concerning a pesticide active ingredient, “the Administrator shall determine whether pesticides containing such active ingredient are eligible for reregistration,” before calling in product-specific data on individual end-use products and either reregistering products or taking other “appropriate regulatory action.” List of Subjects Environmental protection, Pesticides and pests, antimicrobials. Dated: March 26, 2008. Frank Sanders, Director, Antimicrobials Division, Office of Pesticide Programs. [FR Doc. E8-6811 Filed 4-1-08; 8:45 am] BILLING CODE 6560-50-S FEDERAL MARITIME COMMISSION Notice of Agreement Filed The Commission hereby gives notice of the filing of the following agreement 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.:* 012035. *Title:* Maersk Line/CMA CGM TP5 Space Charter Agreement. *Parties:* A.P. Moeller-Maersk A/S and CMA CGM S.A. *Filing Party:* Wayne R. Rohde, Esq.; Sher & Blackwell; 1850 M Street, NW.; Suite 900; Washington, DC 20036. *Synopsis:* The agreement authorizes the parties to charter space between South Korea, Japan and the U.S. Pacific Coast. Dated: March 28, 2008. By Order of the Federal Maritime Commission. Karen V. Gregory, Assistant Secretary. [FR Doc. E8-6796 Filed 4-1-08; 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: American International Shipping, 1811 West Kateela Avenue, Anaheim, CA 92804. Officers: Mahwood Ansari, President, (Qualifying Individual), Azita Fetanat, Vice President. Freight Masters Overseas, Inc., 8177 NW 67 Street, Miami, FL 33166. Officers: Steve R. Etienne, Managing Director, (Qualifying Individual), Fremchan Rampersad, President. ARC Air Logistics, Inc., 156-15 146th Avenue, Jamaica, NY 11434. Officers: Anthony Rimland, President, (Qualifying Individual), Robin Gallagher, Secretary. Pacer Container Line, Inc., 6805 Perimeter Drive, Dublin, OH 43016. Officers: Kenneth R. Kish, Vice President, (Qualifying Individual), Jeffrey R. Brashares, President. Airway Express & Hyundai Express, 801 Mahler Road, Burlingame, CA 94010. Dae Hyun Kang, Sole Proprietor. Transeagle Cargo Logistics Corp., 2750 West 68 Street, Hialeah, FL 33016. Officers: Daniel Abreu, Vice President, (Qualifying Individual), Nuris Pichirilo, President. Non-Vessel Operating Common Carrier and Ocean Freight Forwarder Transportation Intermediary Applicant: ACS Logistics USA Inc., 7 Elkridge Way, Manalapan, NJ 07726. Officers: Snojana Pogosyan, Active Corporate Officer, (Qualifying Individual), Daniel Gleeson, President. Real Logistics Inc., 10450 NW 31 Terrace, Doral, FL 33172. Officers: Elizabeth Alexander, Director, (Qualifying Individual), Luiz C. De Souza, President. Ocean Freight Forwarder—Ocean Transportation Intermediary Applicants: Norma's Cargo Solutions, LLC, 5663 SW 8th Street, Miami, FL 33134. Officer: Norma A. Pineiro, Managing Member, (Qualifying Individual). Sunstar Forwarding, Inc., 445 Grayrock Drive, Crozet, VA 22932. Officer: Mark Klendworth, President, (Qualifying Individual). GMW Freight Services USA Inc., 11437 Julius Avenue, Downey, CA 90241. Officers: John Choi, Secretary, (Qualifying Individual), Paul Leung, CFO. Elzado Enterprises Incorporated, 14940 Grant Lane, Leisure City, FL 33033. Officers: Trudy Westcarr, CFO, (Qualifying Individual), Ernest Robinson, CFO. Global Link Express Corp., 12711 NW 102 Ct., Hialeah Gardens, FL 33018. Officers: Maebys Rebozo, Secretary, (Qualifying Individual), Rosanne Castellanos, President. Express Global Shipping, Inc., 10301 Democracy Lane, Suite 120, Fairfax, VA 22031. Officers: Chuck Lawrence, Secretary, (Qualifying Individual), Patrice M. Muya, President. Dated: March 28, 2008. Karen V. Gregory, Assistant Secretary. [FR Doc. E8-6798 Filed 4-1-08; 8:45 am] BILLING CODE 6730-01-P FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)). The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the office of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than April 16, 2008. **A. Federal Reserve Bank of Kansas City** (Todd Offerbacker, Assistant Vice President) 925 Grand Avenue, Kansas City, Missouri 64198-0001: *1. Gentner F. Drummond, Tulsa, Oklahoma;* to acquire voting shares of Healthcare Bancorp, Inc., and thereby indirectly acquire First Bankcentre, Broken Arrow, Oklahoma. *2. Ricky Kunze, Roca Nebraska, as an individual, and as a member of the Kunze family group that consists of Amy Hunzeker and John Kostecka, both of Table Rock, Nebraska; Michelle Phillips, Omaha, Nebraska, and Spencer Kunze, Roca, Nebraska;* to acquire voting shares of Duroc Investment Company, Table Rock, Nebraska and thereby indirectly acquire State Bank of Table Rock, Table Rock, Nebraska. Board of Governors of the Federal Reserve System, March 27, 2008. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E8-6680 Filed 4-1-08; 8:45 am] BILLING CODE 6210-01-S FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 *et seq.* ) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The application also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center website at *www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than April 28, 2008. **A. Federal Reserve Bank of St. Louis** (Glenda Wilson, Community Affairs Officer) 411 Locust Street, St. Louis, Missouri 63166-2034: *1. Lonoke Bancshares, Inc., Lonoke, Arkansas;* to acquire additional shares, for a total of 13.91 percent of the voting shares of First Southern Bank, Batesville, Arkansas. **B. Federal Reserve Bank of Dallas** (W. Arthur Tribble, Vice President) 2200 North Pearl Street, Dallas, Texas 75201-2272: *1. Plains Acquisition Corporation, Kingwood, Texas;* to become a bank holding company by acquiring 100 percent of the voting shares of Plains State Financial Corporation, Plains, Texas, and indirectly acquire Plains Bancshares, Inc., Dover, Delaware, and Plains State Bank, Plains, Texas. Board of Governors of the Federal Reserve System, March 27, 2008. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E8-6681 Filed 4-1-08; 8:45 am] BILLING CODE 6210-01-S FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 *et seq.* ) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The application also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center website at *www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than April 6, 2008. **A. Federal Reserve Bank of New York** (Anne MacEwen, Bank Applications Officer) 33 Liberty Street, New York, New York 10045-0001: *1. National Australia Bank Limited, National Equities Limited, both of Melbourne, Australia, National Americas Investment, Inc., National Americas Holdings LLC, both of New York, New York;* to become bank holding companies by acquiring Great Western Bancorporation, Inc., Omaha, Nebraska and thereby acquire Great Western Bank, Watertown, South Dakota. Board of Governors of the Federal Reserve System, March 27, 2008. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E8-6682 Filed 4-1-08; 8:45 am] BILLING CODE 6210-01-S FEDERAL TRADE COMMISSION Agency Information Collection Activities; Proposed Collection; Comment Request; Extension AGENCY: Federal Trade Commission (“Commission” or “FTC”). ACTION: Notice. SUMMARY: The information collection requirements described below will be submitted to the Office of Management and Budget (“OMB”) for review, as required by the Paperwork Reduction Act (“PRA”). The FTC is seeking public comments on its proposal to extend through July 31, 2011, the current PRA clearance for information collection requirements contained in the Commission’s Gramm-Leach-Bliley Financial Privacy Rule (“GLB Privacy Rule” or “Rule”). The current clearance expires on July 31, 2008. DATES: Comments must be submitted on or before June 2, 2008. ADDRESSES: Interested parties are invited to submit written comments. Comments should refer to “Paperwork Comment: FTC File No. P085405” and may be submitted by any of the following methods. If, however, the comment contains any material for which confidential treatment is requested, it must be filed in paper form, and the first page of the document must be clearly labeled “Confidential.” 1 1 Commission Rule 4.2(d), 16 CFR 4.2(d). The comment must be accompanied by an explicit request for confidential treatment, including the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. The request will be granted or denied by the Commission’s General Counsel, consistent with applicable law and the public interest. *See* Commission Rule 4.9(c), 16 CFR 4.9(c). 1. Web Site: Comments filed in electronic form should be submitted by clicking on the following web link: *https://secure.commentworks.com/ftc-glbprivacyrulepra* and following the instructions on the web-based form. To ensure that the Commission considers an electronic comment, you must file it on the web-based form at: *https://secure.commentworks.com/ftc-glbprivacyrulepra* . 2. Mail or Hand Delivery: A comment filed in paper form should include “Paperwork Comment: FTC File No. P085405” both in the text and on the envelope and should be mailed or delivered to the following address: Federal Trade Commission/Office of the Secretary, Room H-135 (Annex J), 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580. The Commission is requesting that any comment filed in paper form be sent by courier or overnight service, if possible. The FTC Act and other laws the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate. All timely and responsive public comments will be considered by the Commission and will be available to the public on the FTC website, to the extent practicable, at *www.ftc.gov* . As a matter of discretion, the FTC makes every effort to remove home contact information for individuals from the public comments it receives before placing those comments on the FTC website. More information, including routine uses permitted by the Privacy Act, may be found in the FTC's privacy policy at *http://www.ftc.gov/ftc/privacy.shtm* . FOR FURTHER INFORMATION CONTACT: Kellie Cosgrove Riley, Senior Attorney, Division of Privacy and Identity Protection, Bureau of Consumer Protection,
(202)326-2252, Federal Trade Commission, 600 Pennsylvania Avenue, N.W., Washington D.C. 20580. SUPPLEMENTARY INFORMATION: Under the PRA, 44 U.S.C. 3501-3521, federal agencies must obtain approval from OMB for each collection of information they conduct or sponsor. “Collection of information” means agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. 44 U.S.C. 3502(3), 5 CFR 1320.3(c). As required by section 3506(c)(2)(A) of the PRA, the FTC is providing this opportunity for public comment before requesting that OMB extend the existing paperwork clearance for the GLB Privacy Rule, 16 CFR Part 313 (OMB Control Number 3084-0121). The FTC invites comments on:
(1)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;
(2)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;
(3)ways to enhance the quality, utility, and clarity of the information to be collected; and
(4)ways to 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 submission of responses. The GLB Privacy Rule is designed to ensure that customers and consumers, subject to certain exceptions, will have access to the privacy policies of the financial institutions with which they conduct business. As mandated by the Gramm-Leach-Bliley Act, 15 U.S.C. 6801-6809, the Rule requires financial institutions to disclose to consumers:
(1)initial notice of the financial institution’s privacy policy when establishing a customer relationship with a consumer and/or before sharing a consumer’s non-public personal information with certain nonaffiliated third parties;
(2)notice of the consumer’s right to opt out of information sharing with such parties;
(3)annual notice of the institution’s privacy policy to any continuing customer; and
(4)notice of changes in the institution’s practices on information sharing. These requirements are subject to the PRA. The Rule does not require recordkeeping. ** Estimated annual hours burden:** As noted in the original burden estimate for the GLB Privacy Rule, determining the paperwork burden of the Rule’s disclosure requirements is very difficult because of the highly diverse group of affected entities, consisting of financial institutions not regulated by a federal financial regulatory agency. *See* 15 U.S.C. 6805 (committing to the Commission's jurisdiction entities that are not specifically subject to another agency’s jurisdiction). The burden estimates represent the FTC staff’s best assessment, based on its knowledge and expertise relating to the financial institutions subject to the Commission's jurisdiction under this law. To derive these estimates, staff considered the wide variations in covered entities. In some instances, covered entities may make the required disclosures in the ordinary course of business, apart from the GLB Privacy Rule. In addition, some entities may use highly automated means to provide the required disclosures, while others may rely on methods requiring more manual effort. The burden estimates shown below include the time that may be necessary to train staff to comply with the regulations. These figures are averages based on staff’s best estimate of the burden incurred over the broad spectrum of covered entities. Staff retains its prior estimate of the number of entities each year that will address the GLB Privacy Rule for the first time (5,000) and its estimate of established entities already familiar with the Rule (100,000). While the number of established entities familiar with the Rule would theoretically increase each year with the addition of new entrants, staff retains its previous estimate of established entities given that a number of the established entities will close in any given year, and also given the difficulty of establishing a more precise estimate. Staff’s burden estimates for new entrants and established entities are detailed in the charts below. Start-up hours and labor costs for new entrants: *Event* *Hourly wage and labor category* * *Hours per* *Respondent* *Approx. Number of Respondents* *Approx. Total Annual Hrs.* *Approx. Total Labor Costs* Reviewing internal policies and developing GLBA-implementing instructions ** $31.66 managerial/professional 20 5,000 100,000 $3,166,000 Creating disclosure document or electronic disclosure (including initial, annual, and opt out disclosures) $14.71 clerical 5 5,000 25,000 $367,750 $32.82 professional/technical 10 50,000 $1,641,000 Disseminating initial disclosure (including opt out notices) $14.71 clerical 15 5,000 75,000 $1,103,250 $32.82 professional/technical 10 50,000 $1,641,000 **Total** 300,000 $7,919,000 * Staff calculated labor costs by applying appropriate hourly cost figures to burden hours. The hourly rates used were based on mean wages for managerial/professional time (e.g., compliance evaluation and/or planning), professional/technical time (e.g., designing and producing notices, reviewing and updating information systems), and clerical time (e.g., reproduction tasks, filing, and, where applicable to the given event, typing or mailing). See BLS National Compensation Survey, June 2006, Table 1, available at *http://www.bls.gov/ncs/ocs/sp/ncbl0910.pdf* (Management, professional, and related; office and administrative support) and BLS Occupational Employment and Wages 2006,Table 2, available at *http://www.bls.gov/news.release/pdf/ocwage.pdf* (professional, scientific, and technical services - business and financial operations). Labor cost totals reflect solely that of the commercial entities affected. Staff assumes that the time required of consumers to respond affirmatively to respondents’ opt-out programs (be it manually or electronically) would be minimal. ** Reviewing instructions includes all efforts performed by or for the respondent to: determine whether and to what extent the respondent is covered by an agency collection of information, understand the nature of the request, and determine the appropriate response (including the creation and dissemination of document and/or electronic disclosures). Burden hours and costs for established entities: Burden for established entities already familiar with the Rule predictably would be less than for start-up entities because start-up costs, such as crafting a privacy policy, are generally one-time costs and have already been incurred. Staff’s best estimate of the average burden for these entities is as follows: *Event* *Hourly wage and labor category* * *Hours per* *Respondent* *Approx. Number of Respondents* ** *Approx. Total Annual Hrs.* *Approx. Total Labor Costs* Reviewing GLBA-implementing policies and practices $31.66 managerial/professional 4 70,000 280,000 $8,864,800 Disseminating annual disclosure $14.71 clerical 15 70,000 1,050,000 $15,445,500 $32.82 professional/technical 5 350,000 $11,487,000 Changes to privacy policies and related disclosures $14.71 clerical 15 1,000 15,000 $220,650 $32.82 professional/technical 10 50,000 $164,100 Total 1,700,000 $36,182,050 * Staff calculated labor costs by applying appropriate hourly cost figures to burden hours; labor cost totals reflect solely that of the commercial entities affected. The hourly rates used were based on mean wages for managerial/professional time (e.g., compliance evaluation and/or planning), professional/technical time (e.g., designing and producing notices, reviewing and updating information systems), and clerical time (e.g., reproduction tasks, filing, and, where applicable to the given event, typing or mailing). See BLS National Compensation Survey, June 2006, Table 1, available at *http://www.bls.gov/ncs/ocs/sp/ncbl0910.pdf* (Management, professional, and related; office and administrative support) and BLS Occupational Employment and Wages 2006,Table 2, available at *http://www.bls.gov/news.release/pdf/ocwage.pdf* (professional, scientific, and technical services - business and financial operations). Consumers have a continuing right to opt-out, as well as a right to revoke their opt-out at any time. When a respondent changes its information sharing practices, consumers are again given the opportunity to opt-out. Again, staff assumes that the time required of consumers to respond affirmatively to respondents’ opt-out programs (be it manually or electronically) would be minimal. ** The estimate of respondents is based on the following assumptions:
(1)100,000 respondents, approximately 70% of whom maintain customer relationships exceeding one year,
(2)no more than 1% (1,000) of whom make additional changes to privacy policies at any time other than the occasion of the annual notice; and
(3)such changes will occur no more often than once per year. As calculated above, the total annual PRA burden hours and labor costs for all affected entities in a given year would be 2,000,000 hours and $44,101,000, respectively. **Estimated Capital/Other Non-Labor Costs Burden:** Staff believes that capital or other non-labor costs associated with the document requests are minimal. Covered entities will already be equipped to provide written notices (e.g., computers with word processing programs, typewriters, copying machines, mailing capabilities). Most likely, only entities that already have on-line capabilities will offer consumers the choice to receive notices via electronic format. As such, these entities will already be equipped with the computer equipment and software necessary to disseminate the required disclosures via electronic means. William Blumenthal General Counsel [FR Doc. E8-6821 Filed 4-1-08: 8:45 am] BILLING CODE 6750-01-S] DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [Docket Number NIOSH-135] Notice of Public Meeting and Availability for Public Comment AGENCY: The National Institute for Occupational Safety and Health (NIOSH) of the Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS). ACTION: Notice of public meeting and availability for public comment. SUMMARY: The National Institute for Occupational Safety and Health (NIOSH) of the Centers for Disease Control and Prevention
(CDC)announces the following meeting and request for public comment on the proposed national survey of healthcare workers' safety and health and a proposed national survey of employer safety and health practices. *Public Comment Period:* April 2, 2008 through July 1, 2008. *Public Meeting Time and Date:* 8 a.m.-4:30 p.m. EDT, April 30, 2008. *Place:* Sheraton Cincinnati Airport Hotel, 2826 Terminal Drive, Hebron, Kentucky 41048,
(859)371-6166. *Purpose of the Meeting:* To obtain public comment on the content and conduct of a survey of healthcare workers' safety and health practices and a separate survey of healthcare establishment's safety and health practices. Special emphasis will be placed on discussion of the following:
(1)Content of the survey questionnaires;
(2)Appropriate methods of conducting the surveys. *Status:* The forum will include scientists and representatives from industry, labor, and other stakeholders, and is open to the public. Attendance is limited only by the space available. The meeting room will accommodate approximately 60 people. Interested parties should make hotel reservations directly with the Sheraton Cincinnati Airport Hotel by calling toll free
(888)627-8418 before the cut-off date of 5 p.m. EDT April 8, 2008. A special group rate of $95 per night plus tax for meeting guests has been negotiated for this meeting. In order to receive the special room rate, you will *need* to indicate that you will be attending the NIOSH meeting. Interested parties should confirm their attendance to this meeting by contacting Ms. Kim Collins, meeting coordinator, at 513-841-4211 or *kycollins@cdc.gov* by April 15, 2008. Oral comments given at the meeting will be recorded and included in the NIOSH docket number 135. Written comments, including prepared oral comments, will also be accepted at the meeting or by submitting to the NIOSH Docket Office (see address below). *Background:* The goal of the healthcare worker survey is to collect information describing hazards, exposures, safety and health practices, and use of exposure controls by occupation and type and size of establishment. The goal of the management survey is to collect information describing facility-based health and safety resources, safety and health management programs, policies and practices for the same health and safety hazards covered in the worker survey, by type and size of establishment. Preliminary work on this effort included a feasibility study which was completed in 2006. The study assessed the feasibility of collecting self-reported information on health and safety practices from healthcare workers at their workplace. Worker and management questionnaires were developed (based on healthcare stakeholder input) and refined using focus groups/cognitive interviews, and pilot-tested at two large medical centers. Based on the pilot test findings, NIOSH decided that it would be more cost-effective to implement the worker survey as a web-based survey through various professional and labor organizations, rather than through employer establishments. The management questionnaire will be targeted to individuals responsible for facility health and safety, based on a representative sample of healthcare establishments. Although the content of the questionnaires has been fairly well-defined, information will be sought from meeting participants on other important or emerging healthcare safety and health issues for possible inclusion in the questionnaires, as well as other information (see below). The proposed worker and management questionnaires may be found at: *http://www.cdc.gov/niosh/review/public/135.* *Contact Person for Technical Information:* Jim Boiano
(513)841-4246, or Karl Sieber
(513)841-4231. Comments on the topics presented in this notice and at the meeting should be mailed to the NIOSH Docket Office, Robert A. Taft Laboratories, MS-C34, 4676 Columbia Parkway, Cincinnati, Ohio, 45226,
(513)533-8611 or fax
(513)533-8285. Comments may also be submitted by e-mail to *nioshdocket@cdc.gov* or at *http://www.cdc.gov/niosh/review/public/135.* All electronic comments should be formatted in Microsoft Word. All material submitted to the Agency should reference the NIOSH Docket number 135 and be submitted by July 1, 2008. After the comment period has closed, comments will be able to be accessed electronically at *http://www.cdc.gov/NIOSH* under the link to the NIOSH docket. As appropriate, NIOSH will post comments with the commenters' names, affiliations and other information, on the Internet. *Reference:* The proposed worker and management questionnaires may be found at: *http://www.cdc.gov/niosh/review/public/135.* Dated: March 25, 2008. James D. Seligman, Chief Information Office, Centers for Disease Control and Prevention. [FR Doc. E8-6763 Filed 4-1-08; 8:45 am] BILLING CODE 4163-19-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifier: CMS-64, CMS-21 and 21B and CMS-906] Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY: Centers for Medicare & Medicaid Services, HHS. In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Centers for Medicare & Medicaid Services
(CMS)is publishing the following summary of proposed collections for public comment. Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects:
(1)The necessity and utility of the proposed information collection for the proper performance of the agency's functions;
(2)the accuracy of the estimated burden;
(3)ways to enhance the quality, utility, and clarity of the information to be collected; and
(4)the use of automated collection techniques or other forms of information technology to minimize the information collection burden. 1. *Type of Information Collection Request:* Extension of a currently approved collection; *Title of Information Collection:* Quarterly Medicaid Statement of Expenditures for the Medical Assistance Program; *Use:* The State Medicaid Agencies use the form CMS-64 to report their actual program benefit costs and administrative expenses to CMS. CMS uses this information to compute the Federal financial participation for the State's Medicaid Program costs. *Form Number:* CMS-64 (OMB# 0938-0067); *Frequency:* Quarterly; *Affected Public:* State, Local or Tribal Government; *Number of Respondents:* 56; *Total Annual Responses:* 224; *Total Annual Hours:* 18,144. 2. *Type of Information Collection Request:* Extension of a currently approved collection; *Title of Information Collection:* Quarterly Children's Health Insurance Program Statement of Expenditures for Title XXI; *Use:* States use the form CMS-21 to report budget, expenditure, and related statistical information required for implementation of the Children's Health Insurance Program. *Form Number:* CMS-21 and 21B (OMB# 0938-0731); *Frequency:* Quarterly; *Affected Public:* State, Local or Tribal Government; *Number of Respondents:* 56; *Total Annual Responses:* 448; *Total Annual Hours:* 7,840. 3. *Type of Information Collection Request:* Revision of a currently approved collection; *Title of Information Collection:* The Fiscal Soundness Reporting Requirements; *Use:* CMS is assigned responsibility for overseeing all Medicare Advantage Organizations
(MAO)on-going financial performance. CMS needs the requested collection of information to establish that each MAO maintains a fiscally sound organization. *Form Number:* CMS-906 (OMB# 0938-0469); *Frequency:* Yearly; *Affected Public:* Business or other for-profits and Not-for-profit institutions; *Number of Respondents:* 700; *Total Annual Responses:* 700; *Total Annual Hours:* 233. To obtain copies of the supporting statement and any related forms for the proposed paperwork collections referenced above, access CMS' Web site address at *http://www.cms.hhs.gov/PaperworkReductionActof1995* , or E-mail your request, including your address, phone number, OMB number, and CMS document identifier, to *Paperwork@cms.hhs.gov* , or call the Reports Clearance Office on
(410)786-1326. In commenting on the proposed information collections please reference the document identifier or OMB control number. To be assured consideration, comments and recommendations must be submitted in one of the following ways by *June 2, 2008:* 1. *Electronically* . You may submit your comments electronically to *http://www.regulations.gov* . Follow the instructions for “Comment or Submission” or “More Search Options” to find the information collection document(s) accepting comments. 2. *By regular mail* . You may mail written comments to the following address: CMS, Office of Strategic Operations and Regulatory Affairs, Division of Regulations Development, Attention: Document Identifier/OMB Control Number ____, Room C4-26-05, 7500 Security Boulevard, Baltimore, Maryland 21244-1850. Dated: March 27, 2008. Michelle Shortt, Director, Regulations Development Group, Office of Strategic Operations and Regulatory Affairs. [FR Doc. E8-6771 Filed 4-1-08; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifier: CMS-R-148, CMS-R-185, CMS-R-50, CMS-10112 and CMS-287-05] Agency Information Collection Activities: Submission for OMB Review; Comment Request AGENCY: Centers for Medicare & Medicaid Services, HHS. In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services, is publishing the following summary of proposed collections for public comment. Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects:
(1)The necessity and utility of the proposed information collection for the proper performance of the Agency's function;
(2)the accuracy of the estimated burden;
(3)ways to enhance the quality, utility, and clarity of the information to be collected; and
(4)the use of automated collection techniques or other forms of information technology to minimize the information collection burden. 1. *Type of Information Collection Request:* Extension without change of a currently approved collection; *Title of Information Collection:* Limitations on Provider Related Donations and Health Care Related Taxes; Limitation on Payments for Disproportionate Share Hospitals and Supporting Regulations in 42 CFR 433.68, 433.74 and 447.272; *Use:* This information collection is necessary to ensure compliance with Sections 1903 and 1923 of the Social Security Act for the purpose of preventing payments of Federal financial participation on amounts prohibited by statute. *Form Number:* CMS-R-148 (OMB# 0938-0618); *Frequency:* Quarterly and occasionally; *Affected Public:* State, Local or Tribal Governments; *Number of Respondents:* 50; *Total Annual Responses:* 40; *Total Annual Hours:* 3,200. 2. *Type of Information Collection Request:* Extension without change of a currently approved collection; *Title of Information Collection:* Granting and Withdrawal of Deeming Authority to Private Nonprofit Accreditation Organizations and of State Exemption Under State Laboratory Programs and Supporting Regulations in 42 CFR 493.551-493.557. *Form Number:* CMS-R-185 (OMB# 0938-0686); *Frequency:* On occasion; *Affected Public:* Private sector—Business or other for-profit and Not-for-profit institutions; *Number of Respondents:* 8; *Total Annual Responses:* 96; *Total Annual Hours:* 384. 3. *Type of Information Collection Request:* Extension of a currently approved collection; *Title of Information Collection:* Medical Records Review under the Prospective Payment System
(PPS)and Supporting Regulations in 42 CFR 412.40-412.52; *Use:* The Social Security Amendments of 1983 (Public Law 98-21), requires quality improvement organization
(QIO)review of medical services provided to Medicare beneficiaries. Review of services under the QIO program can be accomplished by individual case review and the Clinical Data Abstraction Centers (CDACs). Accordingly, QIOs must review, at the direction of CMS:
(1)All anti-dumping referrals;
(2)beneficiary complaints involving quality issues;
(3)potential gross and flagrant violations of unnecessary admission concerns identified during project data collection;
(4)requests from hospitals for higher-weighted DRG adjustments;
(5)hospital and managed care plan issued notices of non-coverage;
(6)specific codes for assistants at cataract surgery; and
(7)cases referred by CMS, the Office of the Inspector General, the Department of Justice, the managed care appeals contractor, intermediaries, carriers, or the CDACs. *Form Number:* CMS-R-50 (OMB# 0938-0359); *Frequency:* Yearly; *Affected Public:* Private sector—Business or other for-profit and Not-for-profit institutions; *Number of Respondents:* 6,100; *Total Annual Responses:* 276,500; *Total Annual Hours:* 8,280. 4. *Type of Information Collection Request:* Extension without change of a currently approved collection; *Title of Information Collection:* Phone Surveys of Products and Services for Medicare Payment Validation and Supporting Regulations in 42 CFR 405.502. *Use:* The phone surveys of products and services for Medicare payment validation and supporting regulations in 42 CFR 405.502 will be used to identify specific products/services provided to Medicare beneficiaries and the costs associated with the provision of those products/services. The information collected will be used to validate the Medicare payment amounts for those products/services and institute revisions of payment amounts where necessary. The respondents will be the companies that have provided the product/service under review to Medicare beneficiaries. *Form Number:* CMS-10112 (OMB# 0938-0939); *Frequency:* Occasionally; *Affected Public:* Private sector—Business or other for-profit; *Number of Respondents:* 4,000; *Total Annual Responses:* 4,000; *Total Annual Hours:* 16,000. 5. *Type of Information Collection Request:* Extension without change of a currently approved collection; *Title of Information Collection:* Chain Home Office Cost Statement and supporting Regulations in 42 CFR 413.17 and 413.20; *Use:* The Form CMS-287-05 is filed annually by Chain Home Offices to report the information necessary for the determination of Medicare reimbursement to components of chain organizations. However, where providers are components of chain organizations, information included in the chain home office cost statement is in addition to that included in the provider cost report and is needed to determine whether payments are appropriate. *Form Number:* CMS-287-05 (OMB# 0938-0202); *Frequency:* Yearly; *Affected Public:* Business or other for-profit and Not-for-profit institutions; *Number of Respondents:* 1,345; *Total Annual Responses:* 1,345; *Total Annual Hours:* 626,770. To obtain copies of the supporting statement and any related forms for the proposed paperwork collections referenced above, access CMS Web site address at *http://www.cms.hhs.gov/PaperworkReductionActof1995* , or E-mail your request, including your address, phone number, OMB number, and CMS document identifier, to *Paperwork@cms.hhs.gov* , or call the Reports Clearance Office on
(410)786-1326. To be assured consideration, comments and recommendations for the proposed information collections must be received by the OMB desk officer at the address below, no later than 5 p.m. on *May 2, 2008.* OMB Human Resources and Housing Branch, Attention: Carolyn Raffaelli, New Executive Office Building, Room 10235, Washington, DC 20503, Fax Number:
(202)395-6974. Dated: March 27, 2008. Michelle Shortt, Director, Regulations Development Group, Office of Strategic Operations and Regulatory Affairs. [FR Doc. E8-6773 Filed 4-1-08; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2008-E-0203] (formerly Docket No. 2003E-0402) Determination of Regulatory Review Period for Purposes of Patent Extension; ACRYSOF AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration
(FDA)has determined the regulatory review period for ACRYSOF and is publishing this notice of that determination as required by law. FDA has made the determination because of the submission of an application to the Director of Patents and Trademarks, Department of Commerce, for the extension of a patent which claims that medical device. ADDRESSES: Submit written comments and petitions to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments to *http://www.regulations.gov* . FOR FURTHER INFORMATION CONTACT: Beverly Friedman,Office of Regulatory Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, rm. 6222, Silver Spring, MD 20993-0002, 301-796-3602. SUPPLEMENTARY INFORMATION: The Drug Price Competition and Patent Term Restoration Act of 1984 (Public Law 98-417) and the Generic Animal Drug and Patent Term Restoration Act (Public Law 100-670) generally provide that a patent may be extended for a period of up to 5 years so long as the patented item (human drug product, animal drug product, medical device, food additive, or color additive) was subject to regulatory review by FDA before the item was marketed. Under these acts, a product's regulatory review period forms the basis for determining the amount of extension an applicant may receive. A regulatory review period consists of two periods of time: A testing phase and an approval phase. For medical devices, the testing phase begins with a clinical investigation of the device and runs until the approval phase begins. The approval phase starts with the initial submission of an application to market the device and continues until permission to market the device is granted. Although only a portion of a regulatory review period may count toward the actual amount of extension that the Director of Patents and Trademarks may award (half the testing phase must be subtracted as well as any time that may have occurred before the patent was issued), FDA's determination of the length of a regulatory review period for a medical device will include all of the testing phase and approval phase as specified in 35 U.S.C. 156(g)(3)(B). FDA approved for marketing the medical device ACRYSOF. ACRYSOF is indicated for replacement of the human lens to achieve visual correction of aphakia in adults when extracapsular cataract extraction or phacoemulsification are performed. These lenses are intended for placement in the capsular bag. Subsequent to this approval, the Patent and Trademark Office received a patent term restoration application for ACRYSOF (U.S. Patent No. 5,470,932) from Alcon Manufacturing, Ltd., and the Patent and Trademark Office requested FDA's assistance in determining this patent's eligibility for patent term restoration. In a letter dated April 6, 2004, FDA advised the Patent and Trademark Office that this medical device had undergone a regulatory review period and that the approval of ACRYSOF represented the first permitted commercial marketing or use of the product. Thereafter, the Patent and Trademark Office requested that FDA determine the product's regulatory review period. FDA has determined that the applicable regulatory review period for ACRYSOF is 1,084 days. Of this time, 538 days occurred during the testing phase of the regulatory review period, while 546 days occurred during the approval phase. These periods of time were derived from the following dates: 1. *The date an exemption under section 520(g) of the Federal Food, Drug, and Cosmetic Act (the act) (21 U.S.C. 360j(g)) involving this device became effective* : July 7, 2000. The applicant claims that the investigational device exemption
(IDE)required under section 520(g) of the act for human tests to begin became effective on June 8, 2000. However, FDA records indicate that the IDE was determined substantially complete for clinical studies to have begun on July 7, 2000, which represents the IDE effective date. 2. *The date an application was initially submitted with respect to the device under section 515 of the act (21 U.S.C. 360e)* : December 26, 2001. The applicant claims December 21, 2001, as the date the premarket approval application
(PMA)for ACRYSOF (PMA P930014/S009) was initially submitted. However, FDA records indicate that PMA P930014/S009 was submitted on December 26, 2001. 3. *The date the application was approved* : June 24, 2003. FDA has verified the applicant's claim that PMA P930014/S009 was approved on June 24, 2003. This determination of the regulatory review period establishes the maximum potential length of a patent extension. However, the U.S. Patent and Trademark Office applies several statutory limitations in its calculations of the actual period for patent extension. In its application for patent extension, this applicant seeks 832 days of patent term extension. Anyone with knowledge that any of the dates as published are incorrect may submit to the Division of Dockets Management (see ADDRESSES ) written or electronic comments and ask for a redetermination by June 2, 2008. Furthermore, any interested person may petition FDA for a determination regarding whether the applicant for extension acted with due diligence during the regulatory review period by September 29, 2008. To meet its burden, the petition must contain sufficient facts to merit an FDA investigation. (See H. Rept. 857, part 1, 98th Cong., 2d sess., pp. 41-42, 1984.) Petitions should be in the format specified in 21 CFR 10.30. Comments and petitions should be submitted to the Division of Dockets Management. Three copies of any mailed information are to be submitted, except that individuals may submit one copy. Comments are to be identified with the docket number found in brackets in the heading of this document. Comments and petitions may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday. Dated: November 16, 2007. Jane A. Axelrad, Associate Director for Policy, Center for Drug Evaluation and Research. [FR Doc. E8-6851 Filed 4-1-08; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2008-N-0184] Agency Information Collection Activities; Proposed Collection; Comment Request; Temporary Marketing Permit Applications AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration
(FDA)is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal agencies are required to publish notice in the **Federal Register** concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on reporting requirements contained in existing FDA regulations governing temporary marketing permit applications. DATES: Submit written or electronic comments on the collection of information by June 2, 2008. ADDRESSES: Submit electronic comments on the collection of information to *http://www.regulations.gov* . Submit written comments on the collection of information to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. All comments should be identified with the docket number found in brackets in the heading of this document. FOR FURTHER INFORMATION CONTACT: Jonna Capezzuto,Office of the Chief Information Officer (HFA-250), Food and Drug Administration,5600 Fishers Lane, Rockville, MD 20857, 301-827-4659. SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal agencies must obtain approval from the Office of Management and Budget
(OMB)for each collection of information they conduct or sponsor. “Collection of information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires Federal agencies to provide a 60-day notice in the **Federal Register** concerning each proposed collection of information, including each proposed extension of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, FDA is publishing notice of the proposed collection of information set forth in this document. With respect to the following collection of information, FDA invites comments on these topics:
(1)Whether the proposed collection of information is necessary for the proper performance of FDA's functions, including whether the information will have practical utility;
(2)the accuracy of FDA's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3)ways to enhance the quality, utility, and clarity of the information to be collected; and
(4)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques, when appropriate, and other forms of information technology. Temporary Marketing Permit Applications—21 CFR 130.17(c) and
(i)(OMB Control Number 0910-0133)—Extension Section 401 of the Federal Food, Drug, and Cosmetic Act (the act) (21 U.S.C. 341) directs FDA to issue regulations establishing definitions and standards of identity for food “[w]henever * * * such action will promote honesty and fair dealing in the interest of consumers * * * .” Under section 403(g) of the act (21 U.S.C. 343(g)), a food that is subject to a definition and standard of identity prescribed by regulation is misbranded if it does not conform to such definition and standard of identity. Section 130.17 (21 CFR 130.17) provides for the issuance by FDA of temporary marketing permits that enable the food industry to test consumer acceptance and measure the technological and commercial feasibility in interstate commerce of experimental packs of food that deviate from applicable definitions and standards of identity. Section 130.17(c) enables the agency to monitor the manufacture, labeling, and distribution of experimental packs of food that deviate from applicable definitions and standards of identity. The information so obtained can be used in support of a petition to establish or amend the applicable definition or standard of identity to provide for the variations. Section 130.17(i) specifies the information that a firm must submit to FDA to obtain an extension of a temporary marketing permit. **Table 1.—Estimated Annual Reporting Burden** 1 21 CFR Section No. of Respondents Annual Frequency per Response Total Annual Responses Hours Per Response Total Hours 130.17(c) 13 2 26 25 650 130.17(i) 1 2 2 2 4 Total 654 1 There are no capital costs or operating and maintenance costs associated with this collection of information. The estimated number of temporary marketing permit applications and hours per response is an average based on the agency's experience with applications received October 1, 2004, through September 30, 2007, and information from firms that have submitted recent requests for temporary marketing permits. Please note that on January 15, 2008, the FDA Division of Dockets Management Web site transitioned to the Federal Dockets Management System (FDMS). FDMS is a Government-wide, electronic docket management system. Electronic comments or submissions will be accepted by FDA through FDMS only. Dated: March 27, 2008. Jeffrey Shuren, Associate Commissioner for Policy and Planning. [FR Doc. E8-6887 Filed 4-1-08; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2008-N-0188] Food Protection Plan; Outreach Activities; Opportunity for Public Comment AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration
(FDA)is announcing that it is establishing a public docket to receive information and comments related to its comprehensive Food Protection Plan (the Plan) released in November 2007. The new Plan presents a robust strategy to protect the nation's food supply from both unintentional contamination and deliberate attack. FDA is establishing this docket for the purpose of soliciting comments from its stakeholders on the Plan and the questions set forth in this notice. DATES: Submit written or electronic comments by July 31, 2008. ADDRESSES: Submit written comments to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments to *http://www.regulations.gov* . To ensure timelier processing of comments, FDA is no longer accepting comments submitted to the agency by e-mail. All comments to FDA on the Plan should be submitted through the docket. FOR FURTHER INFORMATION CONTACT: Kari Barrett, Office of the Commissioner (HF-60), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20852, 301-827-9831, FAX: 301-827-2866. SUPPLEMENTARY INFORMATION: I. Background For more than 100 years, FDA has protected the health of Americans by ensuring the safety of the food supply (other than meat, poultry, and processed egg products that are regulated by the U.S. Department of Agriculture). Every day across the country people eat out, buy groceries, cook meals for their families, and feed their pets. Americans expect that all their food will be safe, and FDA plays a critical role in making sure this is true. Specifically, FDA is responsible for the safety of 80 percent of all food sold in the United States. The U.S. food supply is one of the safest in the world. Current trends in the food industry promise better nutrition and wider choices for consumers. At the same time, new trends in demographics, consumption, food production technology, and business practices all pose challenges for maintaining this safe food supply. For example, consumers today want the convenience of opening a bag of salad that is already prepared. In the past a single head of lettuce that was contaminated may have resulted in one family being ill. Now, a contaminated head of lettuce may be processed with many others and be placed into bags of convenience salad that many consumers can buy. These bags of salad, if contaminated, could result in hundreds of illnesses. The supply of food consumed in the United States is increasingly imported, introducing a greater challenge for improving the information FDA has regarding conditions under which food is produced in foreign countries. The United States trades with over 150 countries and territories with products coming into over 300 U.S. ports. Fifteen percent of the food supply by volume in the United States is imported. Sixty percent of fresh fruits and vegetables are imported. More than 75 percent of seafood is imported. Although many foreign countries have well developed regulatory systems to ensure food safety, others have systems that may not be able to ensure food safety to the same degree. FDA also faces the challenge of foodborne illnesses caused by known hazards as well as new threats. In 1999, the Centers for Disease Control and Prevention estimated that there were approximately 76 million cases per year of illness from foodborne agents in the United States, with 325,000 hospitalizations and 5,000 deaths. Foodborne illnesses are caused by more than 200 different foodborne pathogens (agents that can cause illness) of which we are aware. The variety of agents associated with foodborne illness has steadily grown over the last few decades, and there is every probability that this list will continue to increase. In addition, the recent incident in which vegetable protein products were contaminated with melamine was a deliberate act for economic gain. Although this was not considered an act of terrorism, it resulted in the sickness and death of cats and dogs. Another important challenge is effective communication. FDA, States, and industry receive food safety information in various ways, such as consumer complaints, inspection data, positive test results, adverse event reports and other reports of illness. FDA is committed to improving information flow to improve detection and response to signs of trouble. These challenges call for a new approach to protecting our food supply from unintentional and deliberate contamination. In May 2007, the Secretary of Health and Human Services and the Commissioner of Food and Drugs charged FDA with developing a comprehensive and integrated FDA Food Protection Plan to keep pace with these changes. FDA issued the Plan in November 2007. The Plan outlines a strategy to strengthen an already safe food system for humans and animals, and builds upon advances in science and technology to safeguard the nation's food supply. The Plan represents a proactive approach that uses science and modern technology to identify potential hazards ahead of time. By preventing most harm before it can occur, enhancing our intervention methods at key points in the food production system, and strengthening our ability to respond immediately when problems are identified, FDA can provide a food protection framework that helps keep the American food supply safe. The Plan provides a comprehensive and integrated strategy that encompasses three core elements: Prevention, intervention, and response. The prevention element includes promoting increased corporate responsibility so that food problems do not occur in the first place. By comprehensively reviewing food supply vulnerabilities and developing and implementing risk reduction measures with industry and other stakeholders, FDA can best address critical weaknesses. The intervention element focuses on risk-based inspections, sampling, and surveillance at high risk points in the food supply chain from production to consumption. These interventions must verify that the preventive measures are in fact being implemented, and done so correctly. The response element bolsters FDA's emergency response efforts by increasing the speed and efficiency of response. It includes improved communication and coordination with other Federal, State, and local government agencies and industry during and after emergencies. When there is an emergency, there is a need to respond quickly and to communicate clearly with consumers and other stakeholders. FDA is committed to strengthening the nation's food protection system through implementation of this Plan. The Plan incorporates several crosscutting principles including: • Focus on risks over a product's life cycle from production to consumption; • Target resources to achieve maximum risk reduction; • Address both unintentional and deliberate contamination; and • Use science and modern technology systems. In addition, the Plan includes key steps under each of the three core elements including: 1. Prevention: • Promote increased corporate responsibility to prevent foodborne illnesses; • Identify food vulnerabilities and assess risks; and • Expand the understanding and use of effective mitigation measures. 2. Intervention: • Focus inspections and sampling based on risk; • Enhance risk-based surveillance; and • Improve the detection of food system “signals” that indicates contamination. 3. Response: • Improve immediate response; and • Improve risk communications to the public, industry, and other stakeholders. The strategy outlined in the Plan involves, in part, the agency actively pursuing input from its stakeholders. The agency will be conducting various formal and informal outreach activities with its domestic and international stakeholders. The objective of this notice is to provide stakeholders an opportunity to comment on the Plan. To help achieve this objective, stakeholders are encouraged to review and comment on the Plan found at *http://www.fda.gov/oc/initiatives/advance/food.html* . In particular, FDA is interested in comments addressing the following questions: *Core Element #1: Prevention* 1.1 What are best practices, and what are the principal benefits of and challenges to implementing the key prevention steps in the Plan? How do these vary by stakeholder (e.g., producers, manufacturers, retailers, consumers, Federal/State government, and foreign countries)? 1.2 What, if any, significant gaps are there in the key prevention steps and the associated FDA actions listed in the Plan? 1.3 In targeting resources to achieve maximum risk reduction through prevention the Plan focuses on high risk identification. What, if any, are the limitations to this approach? What criteria should the agency consider in defining high risk? What are specific areas of modeling, analysis, and research likely to significantly advance high risk identification? How would these areas of work promote effective and efficient high risk identification? What would be the key challenges to implementation? 1.4 What are potential data sources other than FDA data to inform the risk based approach? What are the obstacles to obtaining such data? 1.5 The Plan proposes new legislative authorities to strengthen FDA's ability to prevent food problems. They include:
(1)Allowing FDA to require controls against intentional adulteration by terrorists or criminals at points of high vulnerability in the food chain,
(2)authorizing FDA to issue additional preventive controls for high-risk foods, and
(3)requiring FDA facilities to renew their FDA registration every 2 years and allowing FDA to modify the registration categories. What would be the principal benefits and limitations of each of these proposed authorities? In implementing these proposed authorities, how could the benefits be best leveraged and the limitations mitigated? *Core Element #2: Intervention* 2.1 What are best practices, and what are the principal benefits and challenges to implementing the key intervention steps in the Plan? How do these vary by stakeholder (e.g., producers, manufacturers, retailers, consumers, Federal/State government, and foreign countries)? 2.2 What, if any, significant gaps are there in the key intervention steps and the associated FDA actions listed in the Plan? 2.3 In targeting resources to achieve maximum risk reduction through intervention the Plan focuses on risk-based surveillance. What, if any, are the limitations to this approach? What are specific strategies likely to significantly advance effective risk-based surveillance? How would these strategies promote effective and efficient risk-based surveillance? What would be the key challenges to implementation? 2.4 The Plan proposes legislative authority for FDA to accredit highly qualified third parties for food inspections. What would be the principal benefits and limitations of an accreditation program? What criteria should a third party meet to qualify as an accrediting organization? 2.5 Concerning imports, the Plan proposes legislative authority to require electronic import certification for shipments of designated high risk products. It also proposes legislative authority to refuse admission of imported food if FDA inspection is delayed, limited, or denied. What would be the principal benefits and limitations of these proposals? In implementing these proposals how could the benefits be best leveraged and the limitations mitigated? *Core Element #3: Response* 3.1 What are the best practices, and what are the principal benefits and challenges to implementing the key response steps in the Plan? How do these vary by stakeholder (e.g., producers, manufacturers, retailers, consumers, Federal/State government, and foreign countries)? 3.2 What, if any, significant gaps are there in the key response steps and the associated FDA actions listed in the plan? 3.3 The Plan proposes two new legislative authorities to strengthen FDA's response capability:
(1)Empowering FDA to issue a mandatory recall of food products when voluntary recalls are not effective, and
(2)providing FDA enhanced access to food records during emergencies. What would be the principal benefits and limitations of each of these proposed authorities? In implementing these proposed authorities, how could the benefits be best leveraged and the limitations mitigated? II. Comments Interested persons may submit to the Division of Dockets Management (see ADDRESSES ) written or electronic comments regarding this document. Submit a single copy of electronic comments or two paper copies of any mailed comments, except that individuals may submit one paper copy. Comments are to be identified with the docket number found in brackets in the heading of this document. Received comments may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday. Please note that on January 15, 2008, the FDA Division of Dockets Management Web site transitioned to the Federal Dockets Management System (FDMS). FDMS is a Government-wide, electronic docket management system. Electronic comments or submissions will be accepted by FDA through FDMS only. Dated: March 26, 2008. Jeffrey Shuren, Associate Commissioner for Policy and Planning. [FR Doc. E8-6833 Filed 4-1-08; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2008-N-0183] Third-Party Certification Programs for Foods and Feeds; Request for Comments AGENCY: Food and Drug Administration, HHS. ACTION: Notice; request for comments. SUMMARY: The Food and Drug Administration
(FDA)is requesting comments on the use of third-party certification programs for foods and feeds, including pet foods. An increasing number of firms that sell foods to the public, such as retailers and food service providers, are requesting that their suppliers become certified as meeting food (and feed) safety and quality standards as a condition of doing business. FDA seeks more information on the existence and use of these types of programs to better understand how they can help to ensure that food products are safe, secure, and meet FDA requirements. DATES: Submit written or electronic comments by May 19, 2008. ADDRESSES: Submit written comments to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments to *http://www.regulations.gov* . FOR FURTHER INFORMATION CONTACT: Sharon Lindan Mayl, Office of Policy (HF-11), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-827-3360. SUPPLEMENTARY INFORMATION: I. Background Ensuring the safety of food for human and animal use is a shared responsibility between the public and private sectors. FDA has the authority to establish regulatory standards, inspect facilities, and take action if there are violations, but it is ultimately the responsibility of industry to ensure that food and feed intended for consumption in the United States meet applicable FDA standards. An increasing number of firms that sell foods and feeds (hereinafter foods) to the public, such as retailers and food service providers, are requesting that their suppliers, both foreign and domestic, become certified as meeting food safety and quality standards as a condition of doing business. In addition, domestic and foreign suppliers (such as producers, co-manufacturers, or re-packers) are increasingly looking to third parties to assist them in meeting U.S. requirements. FDA is seeking comment on current practices of third-party certification programs that work with food products and to ensure the supply chain is safe, secure, and meet FDA requirements. A. Current Use of Voluntary Third-Party Certification Programs for Foods A growing number of food firms require their suppliers to ensure their products are produced using “best practices” for food safety, quality, and security and that the supply chain is safe and secure. These firms often require their suppliers to meet nationally or globally recognized food safety standards and to verify that these standards are met through a third-party certification program. For example, the Global Food Safety Initiative requires food suppliers to have a factory audit certification against internationally recognized standards, which include the Safe Quality Food, British Retail Consortium, International Food Standard, and GlobalGAP. The Global Aquaculture Alliance has also established standards for aquaculture production and processing and created an accrediting body for certifiers from 30 countries. These types of private sector developed programs are being used in many foreign countries, as well as the United States. B. Interagency Working Group on Import Safety On July 18, 2007, the President issued Executive Order 13439 to establish the Interagency Working Group on Import Safety (Working Group). On November 6, 2007, the Working Group released an “Action Plan for Import Safety: A Roadmap for Continual Improvement” (Action Plan) ( *http://www.importsafety.gov/report/actionplan.pdf* ). The Action Plan contains 14 broad recommendations and 50 specific short- and long-term action steps to better protect consumers and enhance the safety of the increasing volume of imports entering the United States. The Action Plan stresses the importance of the private sector's responsibility for the safety of its products and the importance of ongoing private-sector mechanisms and experience as a basis for ongoing, substantive public-private collaboration. The public and private sectors have a shared interest in import safety, and substantive improvement will require the careful collaboration of the entire importing community. Recommendation 2 of the Action Plan is to “verify compliance of foreign producers with United States safety and security standards through certification.” Third-party certification can augment the Federal Government's and the importing community's ability to ensure that products imported into the United States meet U.S. safety and security standards. The Action Plan states “[f]or foreign producers, the ability to participate in voluntary certification programs could allow products from firms that comply with U.S. safety and security standards to enter the United States more quickly. This would facilitate trade, while allowing federal departments and agencies to focus their resources on products from non-certified firms or for which information suggests there may be safety or security concerns. This would allow federal departments and agencies to more effectively target their resources. It may not be necessary to establish certification programs for low-risk products.” Action Steps 2.2 and 2.4 of the Action Plan call for the development of voluntary third-party certification programs based on risk for foreign producers of certain products who export to the United States and the creation of incentives for foreign firms to participate in voluntary certification programs and for importers to purchase only from certified firms. In conjunction with the Action Plan, on November 6, 2007, FDA released its Food Protection Plan (FPP), a comprehensive initiative designed to bolster efforts to better protect the Nation's food supply ( *http://www.fda.gov/oc/initiatives/advance/food/plan.html* ). Although certification by an independent third party would not replace an FDA inspection, and FDA would continue to inspect a firm itself, as appropriate based on risk, third-party certification could provide additional assurances of safety. In addition, third-party certification could provide FDA with important information about the ability of specific food suppliers to meet FDA requirements and to better focus the use of our resources based on risk. FDA believes that eligible third parties should include other Federal government, State government, and foreign government agencies and officials. If FDA were to develop or recognize (or accredit) one or more independent third-party certification programs, we would provide an opportunity for both foreign and domestic firms to voluntarily participate. However, FDA would need sufficient confidence in the quality of the audits performed and the validity of the decisions to certify by the third parties as well as the independence of the third parties from the firms they certify before we would consider recognizing a third-party certification program. One action FDA will take to implement the Action Plan and the FPP is to accredit independent third parties, or to recognize entities that accredit, to evaluate compliance with FDA requirements. This notice represents FDA's first step in soliciting public input in the design and development or recognition of third-party certification programs. II. Request for Information FDA is seeking information on the use of third-party certification programs. In addition to general information, we are posing several specific questions related to these types of programs. 1. What domestic and foreign third-party certification programs for suppliers are currently in use by U.S. companies? FDA is aware of several third-party certification programs that are currently being used in the United States. We would like more information regarding these and other certification programs, the standards on which they are based, and who is currently using these third-party programs. In addition, we would like information on the standards and procedures used to ensure that the third parties used are independent (i.e., without conflicts of interest), the standards used to accredit third parties, who accredits these third parties, and how and by whom these third parties are audited and evaluated for performance. We would also like to know how national government bodies interface with or recognize these certification programs. 2. Do the current third-party certification programs ensure compliance with FDA requirements? Third-party certification programs for foods are used widely in Europe. These types of certification programs are becoming more popular in other parts of the world, including the United States. FDA solicits comment on whether the requirements for certification used by these programs encompass FDA requirements. If not, what modifications need to be made for the U.S. marketplace? Should FDA recognize (or accredit) any of these programs? Should FDA participate in future modifications to any of these programs? If so, in what capacity? 3. What are the obstacles to private sector participation in these third-party certification programs? Although the use of third-party certification programs is growing, they are not used by the majority of U.S. food firms. FDA seeks information about any barriers that may exist to using third-party certification programs. Are retailers and suppliers aware of these programs? Are these programs widely available? Are they cost effective? Are there particular obstacles for small businesses? 4. What incentives would increase participation in these third-party certification programs? FDA recognizes that there are business and legal incentives to using third-party certification programs. We would like to know what incentives could increase participation in these certification programs. For example, would expedited treatment at U.S. ports of entry significantly encourage foreign suppliers to participate or domestic firms to make participation by foreign or domestic suppliers a condition of doing business with them? Would making the names of certified firms publicly available, such as through a publicly accessible database, significantly encourage participation in these programs by foreign or domestic suppliers? Would FDA considering certification as one factor in determining inspection priorities provide a significant incentive for foreign or domestic firms to participate? Are there other incentives that would increase participation for imported foods? For domestic foods? III. How to Submit Comments Interested persons may submit to the Division of Dockets Management (see ADDRESSES ) written or electronic comments regarding this document. Submit a single copy of electronic comments to *http://www.regulations.gov* or two paper copies of any mailed comments, except that individuals may submit one paper copy. Comments are to be identified with the docket number found in brackets in the heading of this document. Received comments may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday. Please note that on January 15, 2008, the FDA Division of Dockets Management Web site transitioned to the Federal Dockets Management System (FDMS). FDMS is a Government-wide, electronic docket management system. Electronic comments or submissions will be accepted by FDA through FDMS only. Dated: March 27, 2008. Jeffrey Shuren, Associate Commissioner for Policy and Planning. [FR Doc. E8-6705 Filed 4-1-08; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration National Advisory Council on Migrant Health; Notice of Meeting AGENCY: Health Resources and Services Administration, HHS. Action: In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), notice is hereby given of the following meeting: *Name:* National Advisory Council on Migrant Health. *Dates and Times:* May 4, 2008, 8:30 a.m. to 5 p.m.; May 5, 2008, 8:30 a.m. to 5 p.m. *Place:* InterContinental San Juan Hotel, 5961 Isla Verde Avenue, San Juan, Puerto Rico 00979, Telephone:
(787)791-6100, Fax:
(787)253-2510. *Status:* The meeting will be open to the public. *Purpose:* The purpose of the meeting is to discuss services and issues related to the health of migrant and seasonal farmworkers and their families and to formulate recommendations for the Secretary of Health and Human Services. *Agenda:* The agenda includes an overview of the Council's general business activities. The Council will also hear presentations from experts on farmworker issues, including the status of farmworker health at the local and national levels. The Council meeting is being held in conjunction with the National Farmworker Health Conference sponsored by the National Association of Community Health Centers, which is being held in San Juan, Puerto Rico, May 6-9, 2008. Agenda items are subject to change as priorities indicate. *For Further Information Contact:* Gladys Cate, Office of Minority and Special Populations, Bureau of Primary Health Care, Health Resources and Services Administration, 5600 Fishers Lane, Maryland 20857; telephone
(301)594-0367. Dated: March 26, 2008. Alexandra Huttinger, Director, Division of Policy Review and Coordination. [FR Doc. E8-6784 Filed 4-1-08; 8:45 am] BILLING CODE 4165-15-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Mental Health; Notice of Workgroup Meeting Notice is hereby given of a meeting of the Strategic Plan Workgroup
(SPWG)organized by the Interagency Autism Coordinating Committee (IACC). Audio of this workgroup meeting will be accessible to the public via a teleconference phone link, and there will be web-based access to information displayed at the meeting via computer/projector. Access information will be posted on the IACC Web site: *(http://www.nimh.nih.gov/research-funding/scientific-meetings/recurring-meetings/iacc/events/index.shtml);* to request reasonable accommodation, contact Tanya Pryor at *pryort@mail.nih.gov.* Due to the space limitation of the Conference Room, attendance at the meeting itself will be limited to SPWG and IACC members. The purpose of this meeting is to discuss current funding for Autism Spectrum Disorder
(ASD)research, as well as organize and tentatively prioritize proposed research initiatives that will be used to develop the IACC strategic plan for ASD research. Research priorities will be discussed at the next meeting of the IACC on May 12, 2008. *Name of Committee:* Interagency Autism Coordinating Committee (IACC). *Type of meeting:* Strategic Planning Workgroup. *Date:* April 21, 2008. *Time:* 11 a.m. to 6 p.m. *Agenda:* Review of ongoing ASD research, proposed funding initiatives, and research resources; discussion and characterization of high priority research areas for developing the IACC strategic plan for ASD research. *Place:* National Institutes of Health, Neuroscience Center, Conference Room D, 6001 Executive Blvd., Bethesda, MD 20892-9669. *Contact Person:* Tanya Pryor, National Institute of Mental Health, NIH, 6001 Executive Boulevard, NSC, Room 6198, Bethesda, MD 20892-9669, 301-443-7153, *pryort@mail.nih.gov.* Information about the IACC is available on the Web site: *http://www.nimh.nih.gov/research-funding/scientific-meetings/recurring-meetings/iacc/index.shtml.* Dated: March 27, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-6710 Filed 4-1-08; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R4-R-2008-N0004; 40136-1265-0000-S3] J.N. “Ding” Darling National Wildlife Refuge, Lee County, FL AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of intent to prepare a comprehensive conservation plan and environmental assessment; request for comments; re-opening of comment period. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), intend to prepare a comprehensive conservation plan
(CCP)and associated National Environmental Policy Act
(NEPA)documents for J.N. “Ding” Darling National Wildlife Refuge. We provide this notice in compliance with our CCP policy to advise other agencies, Tribes, and the public of our intentions, and to obtain suggestions and information on the scope of issues to consider in the planning process. We reopen the comment period, which originally ended on August 13, 2007, as announced in the **Federal Register** on June 27, 2007 (72 FR 35254). If you have already submitted comments, you are not required to resubmit them. DATES: To ensure consideration, we must receive your written comments by May 19, 2008. ADDRESSES: Comments, questions, and requests for more information regarding the J.N. “Ding” Darling National Wildlife Refuge planning process should be sent to: Laura Housh, Regional Planner, Okefenokee National Wildlife Refuge, Route 2, Box 3330, Folkston, GA 31537. FOR FURTHER INFORMATION CONTACT: Laura Housh; Telephone: 912/496-7366, Extension 244; Fax: 912/496-3332. SUPPLEMENTARY INFORMATION: Introduction With this notice, we re-open the comment period and initiate our process for developing a CCP for J.N. “Ding” Darling National Wildlife Refuge in Lee County, FL. This notice complies with our CCP policy to
(1)advise other Federal and State agencies, Tribes, and the public of our intention to conduct detailed planning on this refuge, and
(2)obtain suggestions and information on the scope of issues to consider in the environmental document and during development of the CCP. Background The CCP Process The National Wildlife Refuge System Improvement Act of 1997 (16 U.S.C. 668dd-668ee), which amended the National Wildlife Refuge System Administration Act of 1966, requires us to develop a CCP for each national wildlife refuge. The purpose for developing a CCP is to provide refuge managers with a 15-year plan for achieving refuge purposes and contributing toward the mission of the National Wildlife Refuge System, consistent with sound principles of fish and wildlife management, conservation, legal mandates, and our policies. In addition to outlining broad management direction on conserving wildlife and their habitats, CCPs identify wildlife-dependent recreational opportunities available to the public, including opportunities for hunting, fishing, wildlife observation, wildlife photography, and environmental education and interpretation. We will review and update the CCP at least every 15 years in accordance with the Improvement Act. Congress established each unit of the National Wildlife Refuge System for specific purposes. We use these purposes as the foundation for developing and prioritizing the management goals and objectives for the refuge within the National Wildlife Refuge System mission, and to determine how the public can use the refuge. The planning process is a way for us and the public to evaluate management goals and objectives for the best possible conservation approach to this important wildlife habitat, while providing for wildlife-dependent recreation opportunities that are compatible with each refuge's establishing purposes and the mission of the National Wildlife Refuge System. Our CCP process provides participation opportunities for Tribal, State, and local governments; agencies; organizations; and the public. At this time we encourage input in the form of issues, concerns, ideas, and suggestions for the future management of J.N. “Ding” Darling National Wildlife Refuge. We will conduct the environmental assessment in accordance with the requirements of the National Environmental Policy Act of 1969, as amended
(NEPA)(42 U.S.C. 4321 *et seq.* ); NEPA regulations (40 CFR parts 1500-1508); other appropriate Federal laws and regulations; and our policies and procedures for compliance with those laws and regulations. Special mailings, newspaper articles, and other media announcements will be used to inform State and local government agencies and the public of the opportunities for input throughout the planning process. Open house meeting(s) will be scheduled and held throughout the scoping phase of the comprehensive conservation planning process. J.N. “Ding” Darling National Wildlife Refuge J.N. “Ding” Darling National Wildlife Refuge was originally established as the Sanibel National Wildlife Refuge in 1945. The refuge was originally established “for use as an inviolate sanctuary, or for any other management purposes, for migratory birds, and suitable for incidental fish and wildlife-oriented recreational development, the protection of natural resources, and the conservation of threatened and endangered species.” In 1967, the refuge was renamed in honor of Jay Norwood “Ding” Darling and now consists of 6,300 acres of mangrove estuaries, freshwater spartina wetlands, and tropical hardwood hammocks. In 1976, Public Law 94-557 approved 2,825 acres of the refuge as a Wilderness Area. Public Availability of Comments Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment, including your personal identifying information, may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Authority: This notice is published under the authority of the National Wildlife Refuge System Improvement Act of 1997, Public Law 105-57. Dated: February 8, 2008. Cynthia K. Dohner, Acting Regional Director. [FR Doc. E8-6790 Filed 4-1-08; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R4-R-2008-N0016; 40136-1265-0000-S3] Felsenthal National Wildlife Refuge, Ashley, Bradley, and Union Counties, AR; Overflow National Wildlife Refuge, Ashley County, AR AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of intent to prepare a comprehensive conservation plan and environmental assessment; request for comments. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), intend to prepare a comprehensive conservation plan
(CCP)and associated National Environmental Policy Act
(NEPA)documents for Felsenthal and Overflow National Wildlife Refuges. We provide this notice in compliance with our CCP policy to advise other agencies, Tribes, and the public of our intentions, and to obtain suggestions and information on the scope of issues to consider in the planning process. DATES: To ensure consideration, we must receive your written comments by May 19, 2008. We will announce opportunities for public input in local news media throughout the CCP planning process. ADDRESSES: Send your comments or requests for more information to: Mike Dawson, Refuge Planner, Fish and Wildlife Service, 6578 Dogwood View Parkway, Suite B, Jackson, Mississippi 39213; Fax: 601/965-4010; Electronic mail: *mike_dawson@fws.gov* . FOR FURTHER INFORMATION CONTACT: Mike Dawson; Telephone: 601/965-4903, extension 20. SUPPLEMENTARY INFORMATION: Introduction With this notice, we initiate our process for developing a CCP for Felsenthal National Wildlife Refuge in Ashley, Bradley, and Union Counties, AR, and Overflow National Wildlife Refuge in Ashley County, AR. We provide this notice in compliance with our planning policy to
(1)advise other Federal and State agencies and the public of our intention to conduct detailed planning on the refuge, and
(2)obtain suggestions and information on the scope of topics to consider in the environmental document and during development of the CCP. Background The National Wildlife Refuge System Improvement Act of 1997 (16 U.S.C. 668dd-668ee), which amended the National Wildlife Refuge System Administration Act of 1966, requires us to develop a CCP for each national wildlife refuge. The purpose for developing a CCP is to provide refuge managers with a 15-year plan for achieving refuge purposes and contributing toward the mission of the National Wildlife Refuge System, consistent with sound principles of fish and wildlife management, conservation, legal mandates, and our policies. In addition to outlining broad management direction on conserving wildlife and their habitats, CCPs identify wildlife-dependent recreational opportunities available to the public, including opportunities for hunting, fishing, wildlife observation, wildlife photography, and environmental education and interpretation. We will review and update the CCP at least every 15 years in accordance with the Improvement Act and NEPA. We establish each unit of the National Wildlife Refuge System for specific purposes. We use these purposes as the bases to develop and prioritize management goals and objectives for the refuge within the National Wildlife Refuge System mission, and to determine how the public can use the refuge. The planning process is a way for us and the public to evaluate management goals and objectives for the best possible conservation approach to this important wildlife habitat, while providing for wildlife-dependent recreation opportunities that are compatible with the refuge's establishing purposes and the mission of the National Wildlife Refuge System. Our CCP process provides opportunities for Tribal, State, and local governments; agencies; organizations; and the public to participate. At this time we encourage the public to provide input in the form of issues, concerns, ideas, and suggestions for the future management of Felsenthal and Overflow National Wildlife Refuges. We will conduct the environmental review of this project in accordance with the requirements of the National Environmental Policy Act of 1969, as amended
(NEPA)(42 U.S.C. 4321 et seq.); NEPA regulations (40 CFR parts 1500-1508); other appropriate Federal laws and regulations; and our policies and procedures for compliance with those laws and regulations. Felsenthal National Wildlife Refuge was established in 1975, as a result of the Corps of Engineers' Ouachita and Black Rivers Navigation Project. Geographically, the 65,000-acre refuge is located in what is known as the Felsenthal Basin, an extensive natural depression that is laced with a vast complex of sloughs, bayous, and lakes. The region's two major rivers, the Saline and Ouachita, flow through the refuge. Historically, periodic flooding of the “bottoms” during winter and spring provided excellent wintering waterfowl habitat. These wetland areas in combination with the refuge's diverse forest ecosystem of bottomland hardwoods, pine forests, and uplands support a wide variety of wildlife and provide excellent opportunities for fishing, hunting, boating, wildlife observation, and environmental education. Overflow National Wildlife Refuge was established in 1980, to protect one of the remaining bottomland hardwood forests considered vital for maintaining mallard, wood duck, and other waterfowl populations in the Mississippi Flyway. This 13,000-acre plus refuge is a wetland complex within the watershed of Overflow Creek, which flows southerly along the length of the refuge. The majority of the refuge is bottomland hardwood forests, consisting primarily of willow and overcup oaks. Willow oaks, found here in abundance, produce small acorns that are an excellent source of food for the mallards and wood ducks that make the refuge their winter home. Authority: This notice is published under the authority of the National Wildlife Refuge System Improvement Act of 1997, Public Law 105-57. Dated: December 31, 2007. Jon Andrew, Acting Regional Director. [FR Doc. E8-6797 Filed 4-1-08; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R4-R-2008-N0005; 40136-1265-0000-S3] Pine Island, Caloosahatchee, and Matlacha Pass National Wildlife Refuges, Lee County, FL; Island Bay National Wildlife Refuge, Charlotte County, FL AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of intent to prepare a comprehensive conservation plan and environmental assessment; request for comments. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), intend to prepare a comprehensive conservation plan
(CCP)and environmental assessment
(EA)for Pine Island, Caloosahatchee, Matlacha Pass, and Island Bay National Wildlife Refuges. These refuges are located within the J.N. “Ding” Darling National Wildlife Refuge Complex. We provide this notice in compliance with our CCP policy to advise other Federal and State agencies, Tribes, and the public of our intentions, and to obtain suggestions and information on the scope of issues to consider in the planning process. DATES: To ensure consideration, we must receive your written comments by May 19, 2008. We will hold public meetings to begin the CCP planning process. We will announce opportunities for public input in the local news media throughout the CCP planning process. Open house meetings will be scheduled and held throughout the scoping phase of the comprehensive conservation plan development process. ADDRESSES: Comments, questions, and requests for more information regarding the planning process should be sent to: Laura Housh, Regional Planner, Okefenokee National Wildlife Refuge, Route 2, Box 3330, Folkston, GA 31537. FOR FURTHER INFORMATION CONTACT: Laura Housh; Telephone: 912/496-7366, Extension 244; Fax: 912/496-3332. SUPPLEMENTARY INFORMATION: Introduction With this notice, we initiate our process for developing a CCP for Pine Island, Caloosahatchee, and Matlacha Pass National Wildlife Refuges, Lee County, FL; and Island Bay National Wildlife Refuge, Charlotte County, FL. This notice complies with our CCP policy to
(1)advise other Federal and State agencies, Tribes, and the public of our intention to conduct detailed planning on these refuges, and
(2)obtain suggestions and information on the scope of issues to consider in the environmental document and during development of the CCP. Background The CCP Process The National Wildlife Refuge System Improvement Act of 1997 (16 U.S.C. 668dd-668ee) (Improvement Act), which amended the National Wildlife Refuge System Administration Act of 1966, requires us to develop a CCP for each national wildlife refuge. The purpose for developing a CCP is to provide refuge managers with a 15-year strategy for achieving refuge purposes and contributing toward the mission of the National Wildlife Refuge System, consistent with sound principles of fish and wildlife management, conservation, legal mandates, and our policies. In addition to outlining broad management direction on conserving wildlife and their habitats, CCPs identify wildlife-dependent recreational opportunities available to the public, including opportunities for hunting, fishing, wildlife observation, wildlife photography, and environmental education and interpretation. We will review and update the CCP at least every 15 years in accordance with the Improvement Act. Congress established each unit of the National Wildlife Refuge System for specific purposes. We use these purposes as the foundation for developing and prioritizing the management goals and objectives for each refuge within the National Wildlife Refuge System mission, and to determine how the public can use each refuge. The planning process is a way for us and the public to evaluate management goals and objectives for the best possible conservation approach to this important wildlife habitat, while providing for wildlife-dependent recreation opportunities that are compatible with each refuge's establishing purposes and the mission of the National Wildlife Refuge System. Our CCP process provides participation opportunities for Tribal, State, and local governments; agencies; organizations; and the public. At this time we encourage input in the form of issues, concerns, ideas, and suggestions for the future management of Pine Island, Island Bay, Caloosahatchee, and Matlacha Pass National Wildlife Refuges. We will conduct the environmental assessment in accordance with the requirements of the National Environmental Policy Act of 1969, as amended
(NEPA)(42 U.S.C. 4321 *et seq.* ); NEPA regulations (40 CFR parts 1500-1508); other appropriate Federal laws and regulations; and our policies and procedures for compliance with those laws and regulations. Each of the refuges is administered as part of the J.N. “Ding” Darling National Wildlife Refuge Complex. The purposes of each refuge are to protect and provide suitable habitat for threatened and endangered species, and to provide habitat for a wide diversity of shorebirds, wading birds, waterfowl, raptors, and neotropical migratory birds. Public Availability of Comments Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment, including your personal identifying information, may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Authority: This notice is published under the authority of the National Wildlife Refuge System Improvement Act of 1997, Public Law 105-57. Dated: February 13, 2008. Cynthia K. Dohner, Acting Regional Director. [FR Doc. E8-6834 Filed 4-1-08; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R4-R-2008-N0017; 40136-1265-0000-S3] Tennessee National Wildlife Refuge, Henry, Benton, Decatur, and Humphreys Counties, TN AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of intent to prepare a comprehensive conservation plan and environmental assessment; request for comments. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), intend to prepare a comprehensive conservation plan
(CCP)and associated National Environmental Policy Act
(NEPA)documents for Tennessee National Wildlife Refuge. We provide this notice in compliance with our CCP policy to advise other agencies, Tribes, and the public of our intentions, and to obtain suggestions and information on the scope of issues to consider in the planning process. DATES: To ensure consideration, we must receive your written comments by May 19, 2008. We will announce opportunities for public input in local news media throughout the CCP planning process. ADDRESSES: Send your comments or requests for more information to: John Taylor, Refuge Manager, Tennessee National Wildlife Refuge, 3006 Dinkins Lane, Paris, TN 38242. FOR FURTHER INFORMATION CONTACT: John Taylor; Telephone: 731/642-2091. SUPPLEMENTARY INFORMATION: Introduction With this notice, we initiate our process for developing a CCP for Tennessee National Wildlife Refuge in Henry, Benton, Decatur, and Humphreys Counties. We provide this notice in compliance with our planning policy to
(1)advise other Federal and State agencies and the public of our intention to conduct detailed planning on the refuge, and
(2)obtain suggestions and information on the scope of topics to consider in the environmental document and during development of the CCP. Background The National Wildlife Refuge System Improvement Act of 1997 (16 U.S.C. 668dd-668ee) which amended the National Wildlife Refuge System Administration Act of 1966, requires us to develop a CCP for each national wildlife refuge. The purpose for developing a CCP is to provide refuge managers with a 15-year plan for achieving refuge purposes and contributing toward the mission of the National Wildlife Refuge System, consistent with sound principles of fish and wildlife management, conservation, legal mandates, and our policies. In addition to outlining broad management direction on conserving wildlife and their habitats, CCPs identify wildlife-dependent recreational opportunities available to the public, including opportunities for hunting, fishing, wildlife observation, wildlife photography, and environmental education and interpretation. We will review and update the CCP at least every 15 years in accordance with the Improvement Act and NEPA. We establish each unit of the National Wildlife Refuge System for specific purposes. We use these purposes as the bases to develop and prioritize management goals and objectives for the refuge within the National Wildlife Refuge System mission, and to determine how the public can use the refuge. The planning process is a way for us and the public to evaluate management goals and objectives for the best possible conservation approach to this important wildlife habitat, while providing for wildlife-dependent recreation opportunities that are compatible with the refuge's establishing purposes and the mission of the National Wildlife Refuge System. Our CCP process provides opportunities for Tribal, State, and local governments; agencies; organizations; and the public to participate. At this time we encourage the public to provide input in the form of issues, concerns, ideas, and suggestions for the future management of Tennessee National Wildlife Refuge. We will conduct the environmental review of this project in accordance with the requirements of the National Environmental Policy Act of 1969, as amended
(NEPA)(42 U.S.C. 4321 *et seq.* ); NEPA regulations (40 CFR parts 1500-1508); other appropriate Federal laws and regulations; and our policies and procedures for compliance with those laws and regulations. Tennessee National Wildlife Refuge was initially established in 1945 by executive order. These lands, around Kentucky Lake, were designated for use by the Department of the Interior as a management area for migratory birds, especially wintering waterfowl and other wildlife. The Department of the Interior and the Tennessee Valley Authority entered into an agreement regarding which lands were to be reserved and managed as a national wildlife refuge. Currently, the refuge manages over 51,000 acres within three units: Big Sandy, Duck River, and Busseltown. Public Availability of Comments Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment, including your personal identifying information, may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Authority: This notice is published under the authority of the National Wildlife Refuge System Improvement Act of 1997, Public Law 105-57. Dated: January 4, 2008. Jon Andrew, Acting Regional Director. [FR Doc. E8-6782 Filed 4-1-08; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Correction to the Notice of Availability of the Draft Environmental Impact Statement for the Proposed Absaloka Mine Crow Reservation South Extension Coal Lease Approval, Mine Development Plan and Related Federal and State Permitting Actions, Big Horn County, MT AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice. SUMMARY: This notice advises the public that date for the public hearing on the Draft Environmental Impact Statement for the Proposed Absaloka Mine Crow Reservation South Extension Coal Lease Approval, Mine Development Plan and Related Federal and State Permitting Actions, announced in the **Federal Register** on March 21, 2008, (73 FR 15189) was incorrect. The correct date for the public hearing is April 23, 2008. DATES: The public hearing will be held April 23, 2008, beginning at 7 p.m. and continuing until all those who register to make statements have been heard. ADDRESSES: The public hearing will be at the Big Horn County Courthouse, 121 3rd Street West, Hardin, Montana. FOR FURTHER INFORMATION CONTACT: Rick Stefanic,
(406)247-7911. SUPPLEMENTARY INFORMATION: This notice is published in accordance with section 1503.1 of the Council of Environmental Quality Regulations (40 CFR, Parts 1500 through 1508) implementing the procedural requirements of the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4371 et seq.), Department of the Interior Manual (516 DM 1-6), and is in the exercise of authority delegated to the Director, Office of Environmental Policy and Compliance, via 516 DM 6.3B. and Environmental Statement Memorandum ESM04-12.6(e). Willie R. Taylor, Director, Office of Environmental Policy and Compliance. [FR Doc. E8-6772 Filed 4-1-08; 8:45 am] BILLING CODE 4310-W7-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [AZ-220-08-5101-ER-A235; AZA-34177] Notice of Intent To Prepare an Environmental Impact Statement and Initiate Public Scoping for a Proposed Road (Sonoran Valley Parkway Project), Maricopa County, AZ AGENCY: Bureau of Land Management, Interior. ACTION: Notice. SUMMARY: The Bureau of Land Management
(BLM)will direct the preparation of an Environmental Impact Statement
(EIS)and conduct public scoping meetings for a road right-of-way
(ROW)proposal submitted by the City of Goodyear pursuant to 42 U.S.C. 4332, the National Environmental Policy Act
(NEPA)of 1969, as amended. The proposed project includes the construction, operation, and maintenance of a two-lane roadway across public land in order to access the Goodyear Master Planning Area (MPA). The MPA encompasses approximately 67 square miles annexed in May 2007. DATES: Publication of this notice initiates the 30-day public scoping process. Written comments must be submitted to the BLM within 30 days following the date the notice is published in the **Federal Register** . The BLM will host public scoping meetings. The dates, times, and locations of these meetings will be announced at least 15 days in advance through local news media and the BLM Arizona Web site: *http://www.blm.gov/az/st/en.html.* ADDRESSES: Written comments and issues related to the proposed EIS can be mailed to or hand delivered to the District Manager, Bureau of Land Management, Phoenix District, 21605 North 7th Avenue, Phoenix, AZ 85027. They may also be faxed to the BLM at 623-580-5580. FOR FURTHER INFORMATION CONTACT: Camille Champion, Project Manager, Bureau of Land Management, Phoenix District, 21605 North 7th Avenue, Phoenix, AZ 85027; 623-580-5526; *Camille_Champion@blm.gov* . SUPPLEMENTARY INFORMATION: On February 7, 2008, the BLM received a ROW application from the City of Goodyear to construct and operate a 200-foot-wide roadway for the Sonoran Valley Parkway project. The length of the road would be between 12 and 16 miles long, depending on BLM-selected alternatives. The roadway construction will commence at Section 13, T. 4 S., R. 1 W., Gila and Salt River Meridian, AZ, and run in a northwesterly direction approximately parallel to the existing El Paso Natural Gas corridor to the alignment of Rainbow Valley Road, then northerly along Rainbow Valley Road to tie into existing pavement at the intersection of Rainbow Valley Road and Riggs Road in Section 35, T. 2 S., R. 2 W., Gila and Salt River Meridian, AZ. A map of the proposed area will be available on the BLM Arizona website with the news release announcing the public meetings. The EIS will consider the impacts of the Proposed Action, Alternative Actions, and the No-Action Alternative. The No-Action Alternative is required by Council on Environmental Quality regulation to be evaluated as part of the EIS, and will be fully addressed in the EIS as one of the alternatives. Specific alternatives and options will not be known until after data collection and public scoping has taken place. The purpose of the public scoping process is to determine relevant issues, concerns, and ideas that will influence the scope of the environmental analysis and EIS alternatives. The public is invited to submit comments and resource information and identify issues or concerns to be considered in the preparation of the draft EIS. All comments received will aid the BLM in identifying alternatives and mitigating measures and will help assure that all issues are considered in the EIS. Preliminary issues that have been identified by the BLM include: water resources; vegetation; endangered and threatened species; wildlife; soils and geology; recreation, cultural resources; land use; and socioeconomics and environmental justice. If you have specific concerns regarding the above issues, or have other concerns or issues that the BLM should consider in processing this proposed ROW, please provide them in writing at the address listed above or state them verbally at one of the upcoming public scoping meetings. Those individuals, organizations, and agencies with a known interest in the proposal have been sent a scoping letter requesting comments on the proposal. Persons wishing to be added to the mailing list for this EIS may do so by contacting the BLM at the above address. It is important that those interested in the proposed action participate during the scoping and draft EIS review processes so that any substantive comments are provided at a time when the BLM can meaningfully consider them. Comments, including names and addresses of respondents, will be available for public review at the Phoenix District office during regular business hours, 7:30 a.m. to 4:15 p.m. Monday through Friday (except holidays), and may be published as part of the EIS or other related documents. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment, including your personal identifying information, may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. If you do wish to withhold your name or address from public review or from disclosure under the Freedom of Information Act, you must clearly state this at the beginning of your written comment. Such requests will be evaluated and honored to the extent allowed. All submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be made available for public inspection in their entirety. Authority: 40 CFR 1501.7. Dated: March 20, 2008. Teresa A. Raml, District Manager. [FR Doc. E8-6793 Filed 4-1-08; 8:45 am] BILLING CODE 4310-32-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [F-14840-B, F-14840-E2; AK-964-1410-HY-P] Alaska Native Claims Selection AGENCY: Bureau of Land Management, Interior. ACTION: Notice of decision approving lands for conveyance. SUMMARY: As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving lands for conveyance pursuant to the Alaska Native Claims Settlement Act will be issued to Tihteet' Aii, Inc. The lands are in the vicinity of Birch Creek, Alaska, and are located in: Fairbanks Meridian, Alaska, T. 17 N., R. 10 E., Secs. 17, 18, and 19. Containing 1,835.14 acres. The subsurface estate in these lands will be conveyed to Doyon, Limited, when the surface estate is conveyed to Tihteet' Aii, Inc. Notice of the decision will also be published four times in the Fairbanks Daily News-Miner. DATES: The time limits for filing an appeal are: 1. Any party claiming a property interest which is adversely affected by the decision shall have until May 2, 2008 to file an appeal. 2. Parties receiving service of the decision by certified mail shall have 30 days from the date of receipt to file an appeal. Parties who do not file an appeal in accordance with the requirements of 43 CFR Part 4, Subpart E, shall be deemed to have waived their rights. ADDRESSES: A copy of the decision may be obtained from: Bureau of Land Management, Alaska State Office, 222 West Seventh Avenue, #13, Anchorage, Alaska 99513-7504. FOR FURTHER INFORMATION CONTACT: The Bureau of Land Management by phone at 907-271-5960, or by e-mail at *ak.blm.conveyance@ak.blm.gov.* Persons who use a telecommunication device
(TTD)may call the Federal Information Relay Service
(FIRS)at 1-800-877-8330, 24 hours a day, seven days a week, to contact the Bureau of Land Management. Barbara Opp Waldal, Land Law Examiner, Land Transfer Adjudication I. [FR Doc. E8-6769 Filed 4-1-08; 8:45 am] BILLING CODE 4310-$$-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [ID-400-1110-CB-241A] Notice of Public Meeting, Coeur d'Alene District Resource Advisory Council Meeting and Recreation Subcommittee Meeting; Idaho AGENCY: Bureau of Land Management, Interior ACTION: Notice of public meeting. SUMMARY: In accordance with the Federal Land Policy and Management Act (FLPMA), the Federal Advisory Committee Act of 1972 (FACA), and the Federal Lands Recreation Enhancement Act of 2004 (FLREA), the U.S. Department of the Interior, Bureau of Land Management
(BLM)Coeur d'Alene District Resource Advisory Council
(RAC)and Recreation RAC Subcommittee will meet as indicated below. DATES: May 6, 2008. The meeting will start at 8 a.m. and end no later than 4 p.m. The public comment period will be from 1 p.m. to 1:30 p.m. The meeting will be held at the BLM Coeur d'Alene District Office located at 3815 Schreiber Way, Coeur d'Alene, ID 83815. FOR FURTHER INFORMATION CONTACT: Lisa Wagner, RAC Coordinator, BLM Coeur d'Alene District, 3815 Schreiber Way, Coeur d'Alene, Idaho 83815 or telephone at
(208)769-5014. SUPPLEMENTARY INFORMATION: The 15-member RAC advises the Secretary of the Interior, through the Bureau of Land Management, on a variety of planning and management issues associated with public land management in Idaho. The agenda will include the following topics: Forest Service recreation fee proposals (Recreation RAC Subcommittee), Big Horn Sheep presentation, Lochsa Exchange briefing and Cottonwood FO Resource Management Plan
(RMP)update. Additional topics may be added and will be included in local media announcements. More information is available at *http://www.blm.gov/rac/id/id_index.htm* . All meetings are open to the public. The public may present written comments to the RAC in advance of or at the meeting. Each formal RAC meeting will also have time allocated for receiving public comments. Depending on the number of persons wishing to comment and time available, the time for individual oral comments may be limited. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should contact the BLM as provided above. Dated: March 27, 2008. Gary D. Cooper, District Manager. [FR Doc. E8-6778 Filed 4-1-08; 8:45 am] BILLING CODE 4310-GG-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [CO-922-08-1310-FI; COC66236] Notice of Proposed Reinstatement of Terminated Oil and Gas Lease AGENCY: Bureau of Land Management, Interior. ACTION: Notice of proposed reinstatement of terminated oil and gas lease. SUMMARY: Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(1), the Bureau of Land Management
(BLM)received a petition for reinstatement of oil and gas lease COC66236 from Red Willow Production, LLC for lands in Jackson County, Colorado. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law. FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, Milada Krasilinec, Land Law Examiner, Branch of Fluid Minerals Adjudication, at 303-239-3767. SUPPLEMENTARY INFORMATION: The lessee has agreed to the amended lease terms for rentals and royalties at rates of $5.00 per acre or fraction thereof, per year and 16 2/3 percent, respectively. The lessee has paid the required $500 administrative fee and $163 to reimburse the Department for the cost of this **Federal Register** notice. The lessee has met all the requirements for reinstatement of the lease as set out in Section 31(d) and
(e)of the Mineral Lands Leasing Act of 1920 (30 U.S.C. 188), and the Bureau of Land Management is proposing to reinstate lease COC66236 effective September 1, 2007, under the original terms and conditions of the lease and the increased rental and royalty rates cited above. Dated: March 27, 2008. Milada Krasilinec, Land Law Examiner. [FR Doc. E8-6781 Filed 4-1-08; 8:45 am] BILLING CODE 4310-JB-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [CO-922-08-1310-FI; COC62058] Notice of Proposed Reinstatement of Terminated Oil and Gas Lease AGENCY: Bureau of Land Management, Interior. ACTION: Notice of Proposed Reinstatement of Terminated Oil and Gas Lease. SUMMARY: Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(1), the Bureau of Land Management
(BLM)received a petition for reinstatement of oil and gas lease COC62058 from Red Willow Production, LLC for lands in Jackson County, Colorado. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law. FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, Milada Krasilinec, Land Law Examiner, Branch of Fluid Minerals Adjudication, at 303-239-3767. SUPPLEMENTARY INFORMATION: The lessee has agreed to the amended lease terms for rentals and royalties at rates of $10.00 per acre or fraction thereof, per year and 16 2/3 percent, respectively. The lessee has paid the required $500 administrative fee and $163 to reimburse the Department for the cost of this **Federal Register** notice. The lessee has met all the requirements for reinstatement of the lease as set out in Section 31(d) and
(e)of the Mineral Lands Leasing Act of 1920 (30 U.S.C. 188), and the Bureau of Land Management is proposing to reinstate lease COC62058 effective September 1, 2007, under the original terms and conditions of the lease and the increased rental and royalty rates cited above. Dated: March 27, 2008. Milada Krasilinec, Land Law Examiner. [FR Doc. E8-6827 Filed 4-1-08; 8:45 am] BILLING CODE 4310-JB-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [CO-922-08-1310-FI; COC62063] Notice of Proposed Reinstatement of Terminated Oil and Gas Lease AGENCY: Bureau of Land Management, Interior. ACTION: Notice of Proposed Reinstatement of Terminated Oil and Gas Lease. SUMMARY: Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(1), the Bureau of Land Management
(BLM)received a petition for reinstatement of oil and gas lease COC62063 from Red Willow Production, LLC for lands in Jackson County, Colorado. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law. FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, Milada Krasilinec, Land Law Examiner, Branch of Fluid Minerals Adjudication, at 303-239-3767. SUPPLEMENTARY INFORMATION: The lessee has agreed to the amended lease terms for rentals and royalties at rates of $10.00 per acre or fraction thereof, per year and 16 2/3 percent, respectively. The lessee has paid the required $500 administrative fee and $163 to reimburse the Department for the cost of this **Federal Register** notice. The lessee has met all the requirements for reinstatement of the lease as set out in Section 31(d) and
(e)of the Mineral Lands Leasing Act of 1920 (30 U.S.C. 188), and the Bureau of Land Management is proposing to reinstate lease COC62063 effective September 1, 2007, under the original terms and conditions of the lease and the increased rental and royalty rates cited above. Dated: March 27, 2008. Milada Krasilinec, Land Law Examiner. [FR Doc. E8-6830 Filed 4-1-08; 8:45 am] BILLING CODE 4310-JB-P INTERNATIONAL TRADE COMMISSION Submission for OMB Review; Comment Request AGENCY: United States International Trade Commission. ACTION: Agency proposal for the collection of information submitted to the Office of Management and Budget
(OMB)for review; comment request. SUMMARY: In accordance with the provisions of the Paperwork Reduction Act of 1995 (Pub. L. 104-13), the Commission has submitted a proposal for the collection of information to OMB for approval. The proposed information collection is a 3-year extension of the current “generic clearance” (approved by the Office of Management and Budget under Control No. 3117-0016) under which the Commission can issue information collections (specifically, producer, importer, purchaser, and foreign producer questionnaires and certain institution notices) for the following types of import injury investigations: Antidumping, countervailing duty, escape clause, market disruption, NAFTA safeguard, and “interference with programs of the USDA.” Any comments submitted to OMB on the proposed information collection should be specific, indicating which part of the questionnaires or study plan are objectionable, describing the issue in detail, and including specific revisions or language changes. DATES: To be assured of consideration, comments should be submitted to OMB within 30 days of the date this notice appears in the **Federal Register** . ADDRESSES: Comments about the proposal should be directed to the Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Washington, DC 20503, Attention: David Rostker, Desk Officer for U.S. International Trade Commission. Copies of any comments should be provided to Stephen McLaughlin (United States International Trade Commission, 500 E Street, SW., Washington, DC 20436). FOR FURTHER INFORMATION CONTACT: Copies of the proposed collection of information and supporting documentation may be obtained from John Ascienzo (USITC, tel. no. 202-205-3175). Hearing-impaired persons can obtain information on this matter 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 ( *http://www.usitc.gov* ). SUPPLEMENTARY INFORMATION:
(1)The proposed information collection consists of five forms, namely the *Sample Producers', Sample Importers', Sample Purchasers', and Sample Foreign Producers' questionnaires* (separate forms are provided for questionnaires issued for the five-year reviews) and *Sample Notice of Institution for Five-Year Reviews* .
(2)The types of items contained within the sample questionnaires and institution notice are largely determined by statute. Actual questions formulated for use in a specific investigation depend upon such factors as the nature of the industry, the relevant issues, the ability of respondents to supply the data, and the availability of data from secondary sources.
(3)The information collected through questionnaires issued under the generic clearance for import injury investigations are consolidated by Commission staff and form much of the statistical base for the Commission's determinations. Affirmative Commission determinations in antidumping and countervailing duty investigations result in the imposition of additional duties on imports entering the United States. If the Commission makes an affirmative determination in a five-year review, the existing antidumping or countervailing duty order will remain in place. The data developed in escape-clause, market disruption, and interference-with-USDA-program investigations (if the Commission finds affirmatively) are used by the President/U.S. Trade Representative to determine the type of relief, if any, to be provided to domestic industries. The submissions made to the Commission in response to the notices of institution of five-year reviews form the basis for the Commission's determination as to whether a full or expedited review should be conducted.
(4)Likely respondents consist of businesses (including foreign businesses) or farms that produce, import, or purchase products under investigation. Estimated total annual reporting burden for the period July 2008-June 2011 that will result from the collection of information is presented below. Table 1.—Projected Annual Burden Data, by Type of Information Collection, July 2008-June 2011 Item Producer questionnaires Importer questionnaires Purchaser questionnaires Foreign producer questionnaires Institution notices for 5-year reviews Number of respondents 791 1,345 1,041 1,180 86 4,443 Frequency of response 1 1 1 1 1 1 Total annual responses 791 1,345 1,041 1,180 86 4,443 Hours per response 67.1 41.4 30.2 48.0 14.9 44.6 Total hours 53,111 55,710 31,412 56,693 1,279 198,205 No recordkeeping burden is known to result from the proposed collection of information. By order of the Commission. Issued: March 28, 2008. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8-6806 Filed 4-1-08; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [Inv. No. 337-TA-642] In the Matter of Certain Catheter, Consoles and Other Apparatus for Cryosurgery, and Components Thereof; 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 February 28, 2008, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of CryoCor, Inc. of San Diego, California and AMS Research Corporation of Minnetonka, Minnesota. A supplement to the complaint was filed on March 21. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain catheter, consoles and other apparatus for cryosurgery, and components thereof that infringe certain claims of U.S. Patent No. 6,471,694, U.S. Patent No. 6,572,610, and U.S. Patent No. RE 40,049. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue an exclusion order and a cease and desist order. ADDRESSES: The complaint, as supplemented, 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://edis.usitc.gov* . FOR FURTHER INFORMATION CONTACT: Mareesa A. Frederick, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone
(202)205-2055. 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 (2007). *Scope of Investigation:* Having considered the complaint, the U.S. International Trade Commission, on March 25, 2008, 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 section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain catheter, consoles, and other apparatus for cryosurgery and components thereof that infringe one or more of claims 1, 2, 13, and 14 of U.S. Patent No. 6,471,694; claims 3 and 5-7 of U.S. Patent No. 6,572,610; or claims 2 and 3 of U.S. Patent RE 40,049, and whether an industry in the United States exists as required by subsection (a)(2) of section 337;
(2)Pursuant to Commission Rule 210.50(b)(1), 19 CFR § 210.50(b)(1), the presiding administrative law judge shall take evidence or other information and hear arguments from the parties and other interested persons with respect to the public interest in this investigation, as appropriate, and provide the Commission with findings of fact on this issue;
(3)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 complainants are—CryoCor, Inc., 9717 Pacific Heights Boulevard, San Diego, California 92121; AMS Research Corporation, 10700 Bren Road West, Minnetonka, Minnesota 55343.
(b)The respondent is the following entity alleged to be in violation of section 337, and is the party upon which the complaint is to be served: CryoCath Technologies, Inc., 16771 Chemin Ste-Marie, Kirkland, Quebec, H9H 5H3, Canada.
(c)The Commission investigative attorney, party to this investigation, is Mareesa A. Frederick, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Room 401E, Washington, DC 20436; and
(4)For the investigation so instituted, the Honorable Charles E. Bullock is designated as the presiding administrative law judge. Responses to the complaint and the notice of investigation must be submitted by the named respondent 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 the 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 an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: March 27, 2008. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8-6700 Filed 3-31-08; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-512] In the Matter of Certain Light-Emitting Diodes and Products Containing Same; Notice of Issuance on Remand of a Limited Exclusion Order With Respect to Certain Patents AGENCY: U.S. International Trade Commission. ACTION: Notice. SUMMARY: Notice is hereby given that the U.S. International Trade Commission has, on remand from the United States Court of Appeals for the Federal Circuit, determined to issue a limited exclusion order with respect to five patents in the above-referenced investigation. FOR FURTHER INFORMATION CONTACT: Michelle Walters, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone
(202)708-5468. 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 June 10, 2004, based on a complaint filed by Osram GmbH and Osram Opto Semiconductors GmbH of Germany (collectively, “Osram”). The complaint alleged violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain light-emitting diodes and products containing the same due to infringement of various claims of United States Patent Nos. 6,066,861, 6,277,301, 6,613,247, 6,245,259, 6,592,780 (“the Particle Size Patents”), 6,576,930 (“the '930 patent”), 6,376,902, 6,469,321, 6,573,580 (“the Lead Frame Patents”), and 6,716,673 (“the `673 patent”). The Commission found that respondent Dominant Semiconductors Sdn. Bhd. violated section 337 with respect to the Lead Frame Patents and the `673 patent, but not with regard to the Particle Size Patents and the `930 patent. The Commission issued a limited exclusion order directed to light emitting diodes that infringe the Lead Frame Patents and the `673 patent. On appeal by Osram, the Federal Circuit reversed the Commission's determination of no violation with regard to the Particle Size Patents and remanded the investigation to the Commission for further proceedings, *i.e.* , remedy, the public interest, and bonding. Prior to the remand, the parties had briefed the issues of remedy, the public interest, and bonding. Having examined the record of this investigation, including the submissions of the parties, the Commission has determined on remand
(1)to issue a limited exclusion order with respect to the Particle Size Patents;
(2)that the public interest factors set out in 19 U.S.C. 1337(d) do not preclude issuance of such an order; and
(3)that the amount of the bond to be posted pursuant to 19 U.S.C. 1337(j) during the Presidential review period be set at 100 percent of the entered value of the subject articles. The Commission's order was delivered to the President on the day of its issuance. The Commission's prior remedial order issued in this investigation remains in effect. The authority for the Commission's determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337). By order of the Commission. Issued: March 28, 2008. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8-6805 Filed 4-1-08; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [USITC SE-08-006] Government in the Sunshine Act Meeting Notice Agency Holding the Meeting: United States International Trade Commission. Time and Date: April 10, 2008 at 11 a.m. Place: Room 101, 500 E Street, SW., Washington, DC 20436, Telephone:
(202)205-2000. Status: Open to the public. Matters to be Considered: 1. Agenda for future meetings: None. 2. Minutes. 3. Ratification List. 4. Inv. Nos. 701-TA-415 and 731-TA-933 and 934 (Review) (Polyethylene Terephthalate
(PET)Film, Sheet, and Strip from India and Taiwan)—briefing and vote. (The Commission is currently scheduled to transmit its determinations and Commissioners' opinions to the Secretary of Commerce on or before April 23, 2008.) 5. Outstanding action jackets: None. In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. By order of the Commission. Issued: March 28, 2008. William R. Bishop, Hearings and Meetings Coordinator. [FR Doc. E8-6792 Filed 4-1-08; 8:45 am] BILLING CODE 7020-02-P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act Notice is hereby given that on March 26, 2008, a proposed consent decree in *United States,* *et al.* , v. *General Metals of Tacoma, Inc.,* No. 3:08-cv-5183-RJB, was lodged with the United States District Court for the Western District of Washington. In this action the United States, State of Washington, Puyallup Tribe of Indians and Muckleshoot Indian Tribe sought natural resource damages for releases of hazardous substances into Commencement Bay, Washington. Under the consent decree, defendant will fund a habitat restoration project in Pierce County, Washington, pay up to $50,000 for project oversight costs, and reimburse $479,559.38 in damage assessment costs. For thirty
(30)days after the date of this publication, the Department of Justice will receive comments relating to the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to *pubcomment-ees.enrd@usdoj.gov* or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611. In either case, the comments should refer to *United States* v. *General Metals of Tacoma, Inc.,* No. 3:08-cv-5183-RJB, D.J. Ref. No. 90-11-2-1049/11. During the comment period, the Consent Decree may be examined on the following Department of Justice Web site: *http://www.usdoj.gov/enrd/Consent_Decrees.html.* A copy of the Consent Decree may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, or by faxing or e-mailing a request to Tonia Fleetwood ( *tonia.fleetwood@usdoj.gov* ), fax no.
(202)514-0097, phone confirmation number
(202)514-1547. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $9.75 for the decree only or $28.50 for the decree with attachments (25 cents per page reproduction cost) payable to the United States Treasury or, if by e-mail or fax, forward a check in that amount to the Consent Decree Library at the stated address. Robert E. Maher, Jr., Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. E8-6729 Filed 4-1-08; 8:45 am] BILLING CODE 4410-15-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Importer of Controlled Substances; Notice of Application This is notice that on January 23, 2008, Stepan Company, Natural Products Department, 100 W. Hunter Avenue, Maywood, New Jersey 07607, made application by renewal to the Drug Enforcement Administration
(DEA)for registration as an importer of Coca Leaves (9040), a basic class of controlled substance listed in schedule II. The company plans to import the listed controlled substance for the manufacture of a bulk controlled substance for distribution to its customer. As noted in a previous notice published in the **Federal Register** on September 23, 1975, (40 FR 43745), all applicants for registration to import a basic class of any controlled substances in schedule I or II are, and will continue to be, required to demonstrate to the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration, that the requirements for such registration pursuant to 21 U.S.C. 958(a), 21 U.S.C. 823(a), and 21 CFR 1301.34(b), (c), (d), (e), and
(f)are satisfied. Dated: March 27, 2008. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E8-6774 Filed 4-1-08; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Manufacturer of Controlled Substances; Notice of Application Pursuant to § 1301.33(a) of Title 21 of the Code of Federal Regulations (CFR), this is notice that on March 4, 2008, Lonza Riverside, 900 River Road, Conshohocken, Pennsylvania 19428, made application by renewal to the Drug Enforcement Administration
(DEA)to be registered as a bulk manufacturer of the basic classes of controlled substances listed in schedules I and II: Drug Schedule Gamma hydroxybutyric acid
(2010)I Amphetamine
(1100)II Methylphenidate
(1724)II The company plans to manufacture bulk products for finished dosage units and distribution to its customers. Any other such applicant, and any person who is presently registered with DEA to manufacture such substances, may file comments or objections to the issuance of the proposed registration pursuant to 21 CFR § 1301.33(a). Any such written comments or objections being sent via regular mail should be addressed, in quintuplicate, to the Drug Enforcement Administration, Office of Diversion Control, Federal Register Representative (ODL), Washington, DC 20537, or any being sent via express mail should be sent to Drug Enforcement Administration, Office of Diversion Control, Federal Register Representative (ODL), 8701 Morrissette Drive, Springfield, Virginia 22152; and must be filed no later than June 2, 2008. Dated: March 27, 2008. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E8-6775 Filed 4-1-08; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF LABOR Employee Benefits Security Administration Proposed Extension of Information Collection Request Submitted for Public Comment; Consent To Receive Employee Benefit Plan Disclosure Electronically AGENCY: Employee Benefits Security Administration, Department of Labor. 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 continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA 95). 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 Employee Benefits Security Administration is soliciting comments on the proposed extension of an information collection request
(ICR)incorporated in the Final Rules relating to the use of electronic communication and recordkeeping technologies by employee pension and welfare benefit plans (29 CFR 2520.104b-1). A copy of the information collection request
(ICR)can be obtained by contacting the individual shown in the ADDRESSES section of this notice or at *http://www.RegInfo.gov* . DATES: Written comments must be submitted to the office shown in the Addresses section on or before June 2, 2008. ADDRESSES: G. Christopher Cosby, Department of Labor, Employee Benefits Security Administration, 200 Constitution Avenue NW., Washington, DC 20210,
(202)693-8410, FAX
(202)693-4745 (these are not toll-free numbers). SUPPLEMENTARY INFORMATION: I. Background The Department established a safe harbor pursuant to which all pension and welfare benefit plans covered by Title I of ERISA may use electronic media to satisfy disclosure obligations under Title I of ERISA (29 CFR 2520.104b-1). Employee benefit plan administrators will be deemed to satisfy their disclosure obligations when furnishing documents electronically only if a participant who does not have access to the employer's electronic information system in the normal course of his duties, or a beneficiary or other person entitled to documents, has affirmatively consented to receive disclosure documents. Prior to consenting, the participant or beneficiary must also be provided with a clear and conspicuous statement indicating the types of documents to which the consent would apply, that consent may be withdrawn at any time, procedures for withdrawing consent and updating necessary information, the right to obtain a paper copy, and any hardware and software requirements. In the event of a hardware or software change that creates a material risk that the individual will be unable to access or retain documents that were the subject of the initial consent, the individual must be provided with information concerning the revised hardware or software, and an opportunity to withdraw a prior consent. II. Review Focus The Department of Labor (Department) is particularly interested in comments that: • 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 Office of Management and Budget's
(OMB)approval of this ICR will expire on July 31, 2008. After considering comments received in response to this notice, the Department intends to submit the ICR to OMB for continuing approval. No change to the existing ICR is proposed or made at this time. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of the information collection request; they will also become a matter of public record. *Agency:* Employee Benefits Security Administration, Department of Labor. *Title:* Consent to Receive Employee Benefit Plan Disclosure Electronically. *Type of Review:* Extension of a currently approved collection of information. *OMB Number:* 1210-0121. *Affected Public:* Business or other for-profit; Not-for-profit institutions. *Respondents:* 1,000. *Responses:* 41,000. *Average Response time:* 2 hours and one minute. *Estimated Total Burden Hours:* 683. Dated: March 27, 2008. Joseph S. Piacentini, Deputy Director, Office of Policy and Research, Employee Benefits Security Administration. [FR Doc. E8-6765 Filed 4-1-08; 8:45 am] BILLING CODE 4510-29-P DEPARTMENT OF LABOR Employee Benefits Security Administration Proposed Extension of Information Collection Request Submitted for Public Comment; Application for EFAST Electronic Signature and Codes for EFAST Transmitters and Software Developers 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 continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA 95). 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 Employee Benefits Security Administration
(EBSA)is soliciting comments on the proposed extension of the Application for EFAST Electronic Signature and Codes for EFAST Transmitters and Software Developers (Form EFAST-1). A copy of the proposed information collection request
(ICR)can be obtained by contacting the office listed below in the addresses section of this notice or at *http://www.RegInfo.gov* . The Form EFAST-1 is also available for viewing and downloading through the Department of Labor's Internet site ( *http://www.efast.dol.gov* ). DATES: Written comments must be submitted to the office listed in the addresses section below on or before June 2, 2008. ADDRESSES: Mr. G. Christopher Cosby, Office of Policy and Research, U.S. Department of Labor, Employee Benefits Security Administration, 200 Constitution Avenue, NW., Room N-5647, Washington, DC 20210. Telephone:
(202)693-8410. Fax:
(202)693-4745 (These are not toll-free numbers). SUPPLEMENTARY INFORMATION: I. Background Under part 1 of Title I of the Employee Retirement Income Security Act of 1974 (ERISA), Title IV of ERISA, and the Internal Revenue Code of 1986, as amended, administrators of pension and welfare benefit plans (collectively, employee benefit plans) subject to those provisions and employers sponsoring certain fringe benefit plans and other plans of deferred compensation are required to file returns/reports annually concerning the financial condition and operations of the plans. These reporting requirements are satisfied generally by filing the Form 5500 Series in accordance with its instructions and the related regulations. Beginning with the 1999 plan year, the Agency announced the availability of computer scannable forms and the development of electronic filing technologies. The computer scannable formats were developed to facilitate the implementation of a computerized system designed to process the Form 5500 and the IRS Form 5500-EZ—the ERISA Filing and Acceptance System, or EFAST. The Form 5500 and Form 5500-EZ may also be filed electronically via modem, magnetic tape, floppy diskette, or CD-ROM. In order to participate in the electronic filing program, applicants are required to submit an Application for EFAST Electronic Signature and Codes for EFAST Transmitters and Software Developers (Form EFAST-1), the subject of this ICR. Applicants who may file the Form EFAST-1 include:
(1)Individuals applying for an electronic signature to sign a Form 5500 or 5500-EZ as, or on behalf of, plan administrators, employers/plan sponsors, or Direct Filing Entities
(DFEs)using modem, magnetic tape, floppy diskette, or CD-ROM to file electronically;
(2)transmitters (a company, trade, business, or other person) applying for codes to transmit Forms 5500 and/or Forms 5500-EZ for electronic filing using modem, magnetic tape, floppy diskette, or CD-ROM; and,
(3)software developers (a company, trade, business, or other person that creates, programs, or otherwise modifies computer software) applying for codes required to develop EFAST-compliant computer software for electronically preparing and filing the Form 5500 and/or Form 5500-EZ. Applicants provide some or all of the following information depending on applicant type: Name and title of applicant, mailing address, Employer Identification Number (EIN), telephone number, facsimile number and e-mail address (optional), contact person if different than applicant, and a signed agreement concerning the terms and conditions of the electronic filing program. Applicants receive, depending on applicant type, some or all of the following codes: Electronic signature; filer identification number; personal identification number; encryption key; electronic filing identification number; password; and software developer ID. Applicants use these codes, as applicable, in connection with electronic filing, electronic transmission, or the development of EFAST software for the Form 5500 and 5500-EZ. The information provided by the applicants on EFAST-1, combined with the codes supplied to the applicants by the program, allow EFAST to verify a filer, transmitter, or software developer's standing as a qualified participant in the EFAST electronic filing program for the Form 5500 and 5500-EZ. EFAST-1 information also establishes a means of contact between the EFAST program and filers, transmitters, and software developers for information exchange. II. Review Focus The Department of Labor (Department) is particularly interested in comments that: • 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 is requesting an extension of the currently approved ICR pertaining to the Application for EFAST Electronic Signature and Codes for EFAST Transmitters and Software Developers (Form EFAST-1). The Department is not proposing or implementing changes to the existing ICR at this time. *Title:* Application for EFAST Electronic Signature and Codes for EFAST Transmitters and Software Developers. *Agency:* Department of Labor, Employee Benefits Security Administration. *Type of Review:* Extension of currently approved collections. *OMB Numbers:* 1210-0117. *Affected Public:* Individuals or households; Business or other for-profit; Not-for-profit institutions. *Form Number:* EFAST-1. *Total Respondents:* 5,200. *Total Responses:* 5,200. *Frequency of Response:* On occasion. *Estimated Burden Hours:* 1,716. *Estimated Burden Cost (Operating and Maintenance):* $2,000. Comments submitted in response to this request 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: March 27, 2008. Joseph S. Piacentini, Director, Office of Policy and Research, Employee Benefits Security Administration. [FR Doc. E8-6766 Filed 4-1-08; 8:45 am] BILLING CODE 4510-29-P DEPARTMENT OF LABOR Employee Benefits Security Administration Proposed Extension of Information Collection Request Submitted for Public Comment and Recommendations; Alternative Method of Compliance for Certain SEPs pursuant to 29 CFR 2520.104-49 AGENCY: Employee Benefits Security Administration, Department of Labor. 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 continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA 95). 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 Employee Benefits Security Administration is soliciting comments on the proposed extension of the collection of information included in the alternative method of compliance for certain simplified employee pensions regulation (29 CFR 2520.104-49). A copy of the information collection request
(ICR)can be obtained by contacting the individual shown in the Addresses section of this notice or at *http://www.RegInfo.gov* . DATES: Written comments must be submitted to the office shown in the ADDRESSES section on or before June 2, 2008. ADDRESSES: G. Christopher Cosby, Department of Labor, Employee Benefits Security Administration, 200 Constitution Avenue, NW., Washington, DC 20210,
(202)693-8410, FAX
(202)693-4745 (these are not toll-free numbers). SUPPLEMENTARY INFORMATION: I. Background Section 110 of the Employment Retirement Income Security Act (ERISA) authorizes the Secretary to prescribe alternative methods of compliance with the reporting and disclosure requirements of Title I of ERISA for pension plans. Simplified employee pensions
(SEPs)are established in section 408(k) of the Internal Revenue Code (Code). Although SEPs are primarily a development of the Code and subject to its requirements, SEPs are also pension plans subject to the reporting and disclosure requirements of Title I of ERISA. The Department previously issued a regulation under the authority of section 110 of ERISA (29 CFR 2520.104-49) that intended to relieve sponsors of certain SEPs from ERISA's Title I reporting and disclosure requirements by prescribing an alternative method of compliance. These SEPs are, for purposes of this Notice, referred to as “non-model” SEPs because they exclude
(1)those SEPs which are created through use of Internal Revenue Service
(IRS)Form 5305-SEP, and
(2)those SEPs in which the employer limits or influences the employees' choice to IRAs into which employers' contributions will be made and on which participant withdrawals are prohibited. The disclosure requirements in this regulation were developed in conjunction with the Internal Revenue Service (IRS Notice 81-1). Accordingly, sponsors of “non-model” SEPs that satisfy the limited disclosure requirements of the regulation are relieved from otherwise applicable reporting and disclosure requirements under Title I of ERISA, including the requirements to file annual reports (Form 5500 Series) with the Department, and to furnish summary plan descriptions and summary annual reports to participants and beneficiaries. This ICR includes four separate disclosure requirements. First, at the time an employee becomes eligible to participate in the SEP, the administrator of the SEP must furnish the employee in writing specific and general information concerning the SEP; a statement on rates, transfers and withdrawals; and a statement on tax treatment. Second, the administrator of the SEP must furnish participants with information concerning any amendments. Third, the administrator must notify participants of any employer contributions made to the IRA. Fourth, in the case of a SEP that provides integration with Social Security, the administrator shall provide participants with a statement on Social Security taxes and the integration formula used by the employer. II. Review Focus The Department of Labor (Department) is particularly interested in comments that: • 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 Office of Management and Budget's
(OMB)approval of this ICR will expire on June 30, 2008. After considering comments received in response to this notice, the Department intends to submit the ICR to OMB for continuing approval. No change to the existing ICR is proposed or made at this time. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of the information collection; they also will become a matter of public record. *Agency:* Employee Benefits Security Administration, Department of Labor. *Title:* Alternative Method of Compliance for Certain SEPs pursuant to 29 CFR 2520.104-49. *Type of Review:* Extension of a currently approved collection of information *OMB Number:* 1210-0034. *Affected Public:* Individuals or households; Business or other for-profit; Not-for-profit institutions. *Respondents:* 460. *Responses:* 103,590. *Frequency of Response:* On occasion. *Average Response time:* 35 minutes. *Estimated Total Burden Hours:* 21,227. *Total Burden Cost (operating/maintenance):* $26,000. Dated: March 27, 2008. Joseph S. Piacentini, Director, Office of Policy and Research, Employee Benefits Security Administration. [FR Doc. E8-6768 Filed 4-1-08; 8:45 am] BILLING CODE 4510-29-P LIBRARY OF CONGRESS Copyright Royalty Board [Docket No. 2008-2 CRB CD 2000-2003] Distribution of 2000, 2001, 2002, and 2003 Cable Royalty Funds AGENCY: Copyright Royalty Board, Library of Congress. ACTION: Notice announcing commencement of Phase I proceeding with request for Petitions to Participate. SUMMARY: The Copyright Royalty Judges are announcing the commencement of a proceeding to determine the Phase I distribution of 2000, 2001, 2002, and 2003 royalties collected under the cable statutory license. The Judges are also announcing the date by which a party who wishes to participate in this distribution proceeding must file its Petition to Participate and the accompanying $150 file fee. DATES: Petitions to Participate and the filing fee are due on or before May 2, 2008. ADDRESSES: An original, five copies, and an electronic copy in Portable Document Format
(PDF)on a CD of the Petition to Participate, along with the $150 filing fee, may be delivered to the Copyright Royalty Board by either mail or hand delivery. Petitions to Participate and the $150 filing fee may not be delivered by an overnight delivery service other than the U.S. Postal Service Express Mail. If by mail (including overnight delivery), Petitions to Participate, along with the $150 filing fee, must be addressed to: Copyright Royalty Board, P.O. Box 70977, Washington, DC 20024-0977. If hand delivered by a private party, Petitions to Participate, along with the $150 filing fee, must be brought to the Library of Congress, James Madison Memorial Building, LM-401, 101 Independence Avenue, SE., Washington, DC 20559-6000. If delivered by a commercial courier, Petitions to Participate, along with the $150 filing fee, must be delivered to the Congressional Courier Acceptance Site, located at 2nd and D Street, NE., Washington, DC. The envelope must be addressed to: Copyright Royalty Board, Library of Congress, James Madison Memorial Building, LM-403, 101 Independence Avenue, SE., Washington, DC 20559-6000. FOR FURTHER INFORMATION CONTACT: LaKeshia Brent, CRB Program Specialist, by telephone at
(202)707-7658 or e-mail at crb@loc.gov. SUPPLEMENTARY INFORMATION: Background Each year, semiannually, cable systems must submit royalty payments to the Copyright Office as required by the cable statutory license for the privilege of retransmitting over-the-air television and radio broadcast signals. 17 U.S.C. 111. These royalties are then distributed to copyright owners whose works were included in such retransmissions and who timely filed a claim for royalties. Distribution of the royalties for each calendar year are determined by the Copyright Royalty Judges (“Judges”) in two phases. At Phase I, the royalties are divided among the representatives of the major categories of copyrightable content (movies, sports programming, music, etc.) requesting the distribution. At Phase II, the royalties are divided among the various copyright owners within each category. This Notice announcing the commencement of a proceeding under 17 U.S.C. 803(b)(1) for distribution of cable royalties collected for 2000, 2001, 2002, and 2003 is confined to Phase I. Commencement of Phase I Proceeding Consistent with 17 U.S.C. 804(b)(8), the Copyright Royalty Judges determine that a Phase I controversy exists as to the distribution of the 2000, 2001, 2002, and 2003 cable royalties. We reach this determination, in this instance, for two reasons. First, several interested parties have represented to us that a Phase I controversy exists for these years. *See, e.g.* , comments filed by the following parties on September 19, 2007 in Docket No. 2005-3 CRB CD 2003: 1 the National Association of Broadcasters, the Joint Sports Claimants, Devotional Claimants, Canadian Claimants Group, Public Television Claimants. Second, to date we have not received notification that any settlements have been reached for any of these years, nor have we received motions for final distribution. 1 For the reasons discussed herein, the Copyright Royalty Judges are consolidating the 2000, 2001, 2002 and 2003 royalty years into a single proceeding. Therefore, from this point forward, any issues regarding the distribution of the 2003 cable royalty funds should be captioned under the consolidated docket, Docket No. 2008-2 CRB CD 2000-2003. The Judges are consolidating the 2000, 2001, 2002 and 2003 royalty years into a single proceeding. Several parties have informed the Judges that each of these years involves the same single issue regarding the claim of the Canadian Claimants and therefore favor consolidation of these years into one proceeding. Id. Moreover, consolidation allows for resolution of this issue in the most administratively efficient manner. Petitions To Participate Petitions to Participate must be filed in accordance with the § 351.1(b) of the Judge's regulations. *See* 37 CFR 351.1(b). Petitions to Participate submitted by interested parties whose claims do not exceed $1,000 2 must contain a statement that the party will not seek a distribution of more than $1,000. No filing fee is required for these parties. We note, however, that interested parties with claims exceeding one thousand dollars ($1,000) must submit a filing fee of one hundred and fifty dollars ($150) with their Petition to Participate or it will be rejected. Cash will not be accepted; therefore, parties must pay the filing fee with a check or money order made payable to the “Copyright Royalty Board.” If a check is returned for lack of sufficient funds, the corresponding Petition to Participate will be dismissed. 2 The Copyright Royalty Judges Program Technical Corrections Act, Public Law No. 109-303, changed the amount from $10,000 to $1,000. Further procedural matters, including scheduling, will be addressed after Petitions to Participate have been received. Note that in accordance with 37 CFR 350.2 (Representation), only attorneys who are members of the bar in one or more states and in good standing will be allowed to represent parties before the Copyright Royalty Judges, unless the party is an individual who represents herself or himself. Dated: March 27, 2008. James Scott Sledge, Chief Copyright Royalty Judge. [FR Doc. E8-6840 Filed 4-1-08; 8:45 am] BILLING CODE 1410-72-P NATIONAL ARCHIVES AND RECORDS ADMINISTRATION Records Schedules; Availability and Request for Comments AGENCY: National Archives and Records Administration (NARA). ACTION: Notice of availability of proposed records schedules; request for comments. SUMMARY: The National Archives and Records Administration
(NARA)publishes notice at least once monthly of certain Federal agency requests for records disposition authority (records schedules). Once approved by NARA, records schedules provide mandatory instructions on what happens to records when no longer needed for current Government business. They authorize the preservation of records of continuing value in the National Archives of the United States and the destruction, after a specified period, of records lacking administrative, legal, research, or other value. Notice is published for records schedules in which agencies propose to destroy records not previously authorized for disposal or reduce the retention period of records already authorized for disposal. NARA invites public comments on such records schedules, as required by 44 U.S.C. 3303a(a). DATES: Requests for copies must be received in writing on or before May 2, 2008. Once the appraisal of the records is completed, NARA will send a copy of the schedule. NARA staff usually prepare appraisal memorandums that contain additional information concerning the records covered by a proposed schedule. These, too, may be requested and will be provided once the appraisal is completed. Requesters will be given 30 days to submit comments. ADDRESSES: You may request a copy of any records schedule identified in this notice by contacting the Life Cycle Management Division
(NWML)using one of the following means: Mail: NARA (NWML), 8601 Adelphi Road, College Park, MD 20740-6001. E-mail: *requestschedule@nara.gov* . FAX: 301-837-3698. Requesters must cite the control number, which appears in parentheses after the name of the agency which submitted the schedule, and must provide a mailing address. Those who desire appraisal reports should so indicate in their request. FOR FURTHER INFORMATION CONTACT: Laurence Brewer, Director, Life Cycle Management Division (NWML), National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001. Telephone: 301-837-1539. E-mail: *records.mgt@nara.gov* . SUPPLEMENTARY INFORMATION: Each year Federal agencies create billions of records on paper, film, magnetic tape, and other media. To control this accumulation, agency records managers prepare schedules proposing retention periods for records and submit these schedules for NARA's approval, using the Standard Form
(SF)115, Request for Records Disposition Authority. These schedules provide for the timely transfer into the National Archives of historically valuable records and authorize the disposal of all other records after the agency no longer needs them to conduct its business. Some schedules are comprehensive and cover all the records of an agency or one of its major subdivisions. Most schedules, however, cover records of only one office or program or a few series of records. Many of these update previously approved schedules, and some include records proposed as permanent. No Federal records are authorized for destruction without the approval of the Archivist of the United States. This approval is granted only after a thorough consideration of their administrative use by the agency of origin, the rights of the Government and of private persons directly affected by the Government's activities, and whether or not they have historical or other value. Besides identifying the Federal agencies and any subdivisions requesting disposition authority, this public notice lists the organizational unit(s) accumulating the records or indicates agency-wide applicability in the case of schedules that cover records that may be accumulated throughout an agency. This notice provides the control number assigned to each schedule, the total number of schedule items, and the number of temporary items (the records proposed for destruction). It also includes a brief description of the temporary records. The records schedule itself contains a full description of the records at the file unit level as well as their disposition. If NARA staff has prepared an appraisal memorandum for the schedule, it too includes information about the records. Further information about the disposition process is available on request. Schedules Pending 1. Department of Agriculture, Cooperative State Research, Education, and Extension Service (N1-540-06-05, 30 items, 21 temporary items). Program management records, including multistate research project files, panelist conflict-of-interest and confidentiality records, research misconduct records, portfolio assessment records, performance assessment records, plan of work approval documents, plan of work system monitoring and maintenance documentation, and records of internal committees responsible for making administrative policy decisions. Proposed for permanent retention are recordkeeping copies of calendar and scheduling records of the Agency Administrator, final plan of work records, 4-H youth enrollment reports, program development records, and records of internal committees responsible for making mission-related policy decisions. 2. Department of the Army, Agency-wide (N1-AU-07-10, 6 items, 6 temporary items). Records relating to the administration of visual information activities and Army Web sites. Included are production and distribution program approvals, activities reports, requests for video teleconferencing services, and Web site program development logs and usage files. This schedule authorizes the agency to apply the proposed disposition instructions to any recordkeeping medium. 3. Department of Homeland Security, Headquarters (N1-563-07-1, 1 item, 1 temporary item). Master file of an electronic information system used to manage and track electronic copies of correspondence and related materials from executive-level offices. Paper recordkeeping copies are proposed as permanent in a separate schedule. 4. Department of Homeland Security, Headquarters (N1-563-08-5, 1 item, 1 temporary item). Recordings of unclassified telephone calls made by law enforcement personnel, emergency responders, and the public to the National Operations Center about emergency events and potential threats. This schedule authorizes the agency to apply the proposed disposition instructions to any recordkeeping medium. 5. Department of Homeland Security, Science and Technology Directorate (N1-563-07-21, 2 items, 2 temporary items). Master file for an electronic information system used to provide information, resources, and technology solutions that address mission capability gaps identified by the emergency response community. This schedule authorizes the agency to apply the proposed disposition instructions to any recordkeeping medium. 6. Department of Homeland Security, U.S. Citizenship and Immigration Services (N1-566-08-2, 4 items, 4 temporary items). Inputs, outputs, master file, and documentation associated with an electronic information system containing demographic information and fingerprints used to conduct background checks on immigrants. This schedule authorizes the agency to apply the proposed disposition instructions to any recordkeeping medium. 7. Department of Homeland Security, U.S. Citizenship and Immigration Services (N1-566-08-3, 4 items, 4 temporary items). Inputs, outputs, master file, and documentation associated with an electronic information system used to transmit demographic information, fingerprints, and biometric data to the Federal Bureau of Investigation for background checks on immigrants. This schedule authorizes the agency to apply the proposed disposition instructions to any recordkeeping medium. 8. Department of Justice, Justice Management Division (N1-60-08-3, 4 items, 4 temporary items). Inputs, outputs, and master file for an electronic information system, which monitors implementation of recommendations of the Inspector General. This schedule authorizes the agency to apply the proposed disposition instructions to any recordkeeping medium. 9. Department of Justice, Justice Management Division (N1-60-08-4, 4 items, 4 temporary items). Inputs, outputs, and master file for an electronic information system, which tracks department implementation of Government Accountability Office report recommendations. This schedule authorizes the agency to apply the proposed disposition instructions to any recordkeeping medium. 10. Department of Housing and Urban Development, Office of Public and Indian Housing (N1-207-07-2, 5 items, 5 temporary items). Correspondence, loan guarantee case files, publicity files, and property inspection appeal case files. This schedule authorizes the agency to apply the proposed disposition instructions to any recordkeeping medium. 11. Department of Labor, Office of the Assistant Secretary for Policy (N1-174-06-1, 25 items, 8 temporary items). Records include general correspondence, congressional correspondence, grant files, program files, background policy papers and special reports to Congress, administrative subject files, and Chief Economist subject files. Proposed for permanent retention are recordkeeping copies of deliverable products resulting from grant funding, policy review coordinating committee and policy review board reading files, policy planning board files, research reports, publications, historical office files, survey documentation files, and Chief Economist files. This schedule authorizes the agency to apply the proposed disposition instructions to any recordkeeping medium. 12. Department of State, Overseas Buildings Operations (N1-59-08-1, 20 items, 19 temporary items). Records documenting all aspects of funded overseas construction projects and major renovations and upgrade projects for overseas facilities, including design, engineering, and construction files. Proposed for permanent retention are historically significant drawings of overseas buildings. This schedule authorizes the agency to apply the proposed disposition instructions to any recordkeeping medium, for several items. 13. Department of Transportation, Federal Highway Administration (N1-406-08-1, 1 item, 1 temporary item). Records of the Office of Transportation Management consisting of the master file of an electronic information system containing threaded discussions on transportation topics, unofficial documents, and voluntary participant profiles. 14. Department of the Treasury, Internal Revenue Service (N1-58-08-6, 4 items, 4 temporary items). Records of the Associate General Counsel's Office relating to review of applications to change accounting methods and changes for schedules of ruling amounts. 15. Department of the Treasury, Treasury Inspector General for Tax Administration (N1-56-08-1, 5 items, 5 temporary items). Records of the Office of Audit, including audit reports, audit plans, and working papers. This schedule authorizes the agency to apply the proposed disposition instructions to any recordkeeping medium. 16. Department of the Treasury, Treasury Inspector General for Tax Administration (N1-56-08-2, 14 items, 11 temporary items). Records of the Office of Investigation, including confidential informant files, forensic lab records, and officer safety files. This schedule also increases the retention period for non-significant investigative files, previously approved for disposal. Proposed for permanent retention are the master file and system documentation for the Office's case management system. This schedule authorizes the agency to apply the proposed disposition instructions to any recordkeeping medium. The schedule also provides for permanent retention in any recordkeeping medium, of significant investigative case files, previously approved as permanent in paper format. 17. Environmental Protection Agency, Headquarters (N1-412-07-57, 2 items, 2 temporary items). Scientific project files for studies that provide demonstration or proof of concept or coordination of scientific issues for the Office of Prevention, Pesticides, and Toxic Substances. This schedule authorizes the agency to apply the proposed disposition instructions to any recordkeeping medium. 18. Environmental Protection Agency, Office of Water (N1-412-08-7, 2 items, 2 temporary items). This schedule authorizes the agency to apply existing disposition instructions to records regardless of recordkeeping medium. The records consist of supporting files for final plans and annual and biennial water quality planning and management reports (final plans and annual and biennial reports themselves are permanent) and public water supply drinking water management and direct implementation files. Paper recordkeeping copies of these files were previously approved for disposal. 19. Federal Maritime Commission, Office of the Inspector General (N1-358-08-2, 3 items, 3 temporary items). Records consisting of investigative case files and audit case files. This schedule authorizes the agency to apply the proposed disposition instructions to any recordkeeping medium. 20. Federal Maritime Commission, Office of Administration (N1-358-08-3, 5 items, 5 temporary items). Records consisting of Director's Office correspondence reading files, copies of audit case files, performance planning records, and performance and accountability report files. This schedule authorizes the agency to apply the proposed disposition instructions to any recordkeeping medium. 21. Federal Maritime Commission, Bureau of Certification and Licensing (N1-358-08-4, 1 item, 1 temporary item). Individual ocean transportation intermediary files including applications. This schedule authorizes the agency to apply the proposed disposition instructions to any recordkeeping medium. 22. National Surface Transportation Policy and Revenue Study Commission (N1-220-08-1, 5 items, 3 temporary items). Records including files relating to the commission's day-to-day activities, Web design and management records, and electronic version of Web content records duplicated in textual series of commission records. Proposed for permanent retention are recordkeeping copies of files documenting the commission's establishment, membership, policy, organization, deliberations, findings and recommendations, and electronic versions of the commission Web site. This schedule authorizes the agency to apply the proposed disposition instructions to any recordkeeping medium, except for Web content records. Dated: March 27, 2008. Michael J. Kurtz, Assistant Archivist for Records Services—Washington, DC. [FR Doc. E8-6855 Filed 4-1-08; 8:45 am] BILLING CODE 7515-01-P NATIONAL CREDIT UNION ADMINISTRATION Agency Information Collection Activities: Submission to OMB for Extension of a Currently Approved Collection; Comment Request AGENCY: National Credit Union Administration (NCUA). ACTION: Request for comment. SUMMARY: The NCUA is submitting the following information collection to the Office of Management and Budget
(OMB)for review and clearance under the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35). This information collection is published to obtain comments from the public. DATES: Comments will be accepted until June 2, 2008. ADDRESSES: Interested parties are invited to submit written comments to the NCUA Clearance Officer listed below: Clearance Officer: Mr. Jeryl Fish, National Credit Union Administration, 1775 Duke Street, Alexandria, VA 22314-3428, Fax No. 703-837-2861, E-mail: *OCIOMail@ncua.gov.* FOR FURTHER INFORMATION CONTACT: Requests for additional information or a copy of the information collection request, should be directed to Tracy Sumpter at the National Credit Union Administration, 1775 Duke Street, Alexandria, VA 22314-3428, or at
(703)518-6444. SUPPLEMENTARY INFORMATION: Proposal for the following collection of information: *Title:* Central Liquidity Facility Repayment Agreement, Regular Member. *OMB Number:* 3133-0061. *Form Number:* CLF-8703. *Type of Review:* Extension of a currently approved collection. *Description:* The form is used by CLF regular members borrowing from the CLF. *Respondents:* Credit unions which are CLF regular members who borrow from the CLF. *Estimated No. of Respondents/Record keepers:* 40. *Estimated Burden Hours Per Response:* 2.875 hours. *Frequency of Response:* Other. As the need for borrowing arises. *Estimated Total Annual Burden Hours:* 115 hours. *Estimated Total Annual Cost:* 0. By the National Credit Union Administration Board on March 26, 2008. Mary Rupp, Secretary of the Board. [FR Doc. E8-6770 Filed 4-1-08; 8:45 am] BILLING CODE 7535-01-P NATIONAL SCIENCE FOUNDATION Advisory Committee for Engineering; Notice of Meeting In accordance with Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation announces the following meeting: *Name:* Engineering Advisory Committee Meeting (#1170). *Date/Time:* April 24, 2008: 12 p.m. to 6:30 p.m.; April 25, 2008: 8 a.m. to 12 p.m. *Place:* National Science Foundation, 4201 Wilson Boulevard, Suite 1235, Arlington, Virginia 22230. *Type of Meeting:* Open. *Contact Person:* Wanda Smith, National Science Foundation, 4201 Wilson Boulevard, Suite 505, Arlington, Virginia 22230. *Purpose of Meeting:* To provide advice, recommendations and counsel on major goals and policies pertaining to engineering programs and activities. *Agenda:* The principal focus of the meeting on both days will be to discuss emerging issues and opportunities for the Directorate for Engineering and its divisions. Dated: March 27, 2008. Susanne Bolton, Committee Management Officer. [FR Doc. E8-6716 Filed 4-1-08; 8:45 am] BILLING CODE 7555-01-P NUCLEAR REGULATORY COMMISSION Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY: U.S. Nuclear Regulatory Commission (NRC). ACTION: Notice of pending NRC action to submit an information collection request to the Office of Management and Budget
(OMB)and solicitation of public comment. SUMMARY: The NRC is preparing a submittal to OMB for review of continued approval of information collections under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). Information pertaining to the requirement to be submitted: 1. *The title of the information collection:* 10 CFR Part 61—Licensing Requirements for Land Disposal of Radioactive Waste. 2. *Current OMB approval number:* 3150-0135. 3. *How often the collection is required:* Applications for licenses are submitted as needed. Other reports are submitted annually and as other events require. 4. *Who is required or asked to report:* Applicants for and holders of an NRC license (to include Agreement States) for land disposal of low-level radioactive waste; and all generators, collectors, and processors of low-level waste intended for disposal at a low-level waste facility. 5. *The number of annual respondents:* 4. 6. *The number of hours needed annually to complete the requirement or request:* 5,412 hours (56 hours for reporting [approximately 4.6 hours per response] and 5,356 hours for recordkeeping [approximately 1,339 hours per recordkeeper]). 7. *Abstract:* 10 CFR Part 61 establishes the procedures, criteria, and license terms and conditions for the land disposal of low-level radioactive waste. Reporting and recordkeeping requirements are mandatory or, in the case of application submittals, are required to obtain a benefit. The information collected in the applications, reports, and records is evaluated by the NRC to ensure that the licensee's or applicant's physical plant, equipment, organization, training, experience, procedures, and plans provide an adequate level of protection of public health and safety, common defense and security, and the environment. Submit, by June 2, 2008, comments that address the following questions: 1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility? 2. Is the burden estimate accurate? 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected? 4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology? A copy of the draft 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 about the information collection requirements may be directed to the NRC Clearance Officer, Margaret A. Janney (T-5 F52), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by telephone at 301-415-7245, or by e-mail to *INFOCOLLECTS@NRC.GOV.* Dated at Rockville, Maryland, this 27th day of March 2008. For the Nuclear Regulatory Commission. Gregory Trussell, Acting NRC Clearance Officer, Office of Information Services. [FR Doc. E8-6783 Filed 4-1-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 50-333] James A. Fitzpatrick Nuclear Power Plant; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing The U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License No. DPR-59 issued to Entergy Nuclear Operations, Inc. (the licensee) for operation of the James A. FitzPatrick Nuclear Power Plant (JAFNPP) located in Oswego County, New York. The proposed amendment would revise the Technical Specifications
(TS)Surveillance Requirement
(SR)3.1.3.2 frequency in TS 3.1.3, “Control Rod OPERABILITY” from “7 days after the control rod is withdrawn and THERMAL POWER is greater than the [Low Power Setpoint] LPSP of [Rod Worth Minimizer] RWM” to “31 days after the control rod is withdrawn and THERMAL POWER is greater than the LPSP of the RWM” and revise Example 1.4-3 in Section 1.4 “Frequency” to clarify the applicability of the 1.25 surveillance test interval extension. The proposed amendment does not adopt the clarification of Source Range Monitor
(SRM)TS action for inserting control rods. This clarification was previously adopted during the JAFNPP conversion to Improved Standard Technical Specifications, TS Section 3.3.1.2, required Action E.2, “Source Range Monitoring [SRM] Instrumentation” and associated bases were clarified to state fully insert all insertable control rods for the limiting condition for operation. Before issuance of the proposed license amendment, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commission's regulations. The Commission has made a proposed determination that the amendment request involves no significant hazards consideration. Under the Commission's regulations in Title 10 of the Code of Federal Regulations (10 CFR), section 50.92, this means that operation of the facility in accordance with the proposed amendment would not
(1)Involve a significant increase in the probability or consequences of an accident previously evaluated; or
(2)create the possibility of a new or different kind of accident from any accident previously evaluated; or
(3)involve a significant reduction in a margin of safety. As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration by a reference to a generic analysis published in the **Federal Register** on November 13, 2007 (72 FR 63935), which is presented below: Criterion 1—The Proposed Change Does Not Involve a Significant Increase in the Probability or Consequences of an Accident Previously Evaluated The proposed change generically implements [Technical Specification Task Force] TSTF-475, Revision 1, “Control Rod Notch Testing Frequency and SRM Insert Control Rod Action.” TSTF-475, Revision 1 modifies NUREG-1433 (BWR/4) and NUREG-1434 (BWR/6) STS. The changes:
(1)Revise TS testing frequency for surveillance requirement
(SR)3.1.3.2 in TS 3.1.3, “Control Rod OPERABILITY”, [* * *], and
(3)revise Example 1.4-3 in Section 1.4 “Frequency” to clarify the applicability of the 1.25 surveillance test interval extension. The consequences of an accident after adopting TSTF-475, Revision 1 are no different than the consequences of an accident prior to adoption. Therefore, this change does not involve a significant increase in the probability or consequences of an accident previously evaluated. Criterion 2—The Proposed Change Does Not Create the Possibility of a New or Different Kind of Accident From Any Accident Previously Evaluated The proposed change does not involve a physical alteration of the plant (no new or different type of equipment will be installed) or a change in the methods governing normal plant operation. The proposed change will not introduce new failure modes or effects and will not, in the absence of other unrelated failures, lead to an accident whose consequences exceed the consequences of accidents previously analyzed. Thus, this change does not create the possibility of a new or different kind of accident from any accident previously evaluated. Criterion 3—The Proposed Change Does Not Involve a Significant Reduction in [a] Margin of Safety TSTF-475, Revision 1 will:
(1)revise the TS SR 3.1.3.2 frequency in TS 3.1.3, “Control Rod OPERABILITY”, [* * *], and
(3)revise Example 1.4-3 in Section 1.4 “Frequency” to clarify the applicability of the 1.25 surveillance test interval extension. The GE Nuclear Energy Report, “CRD [Control Rod Drive] Notching Surveillance Testing for Limerick Generating Station,” dated November 2006, concludes that extending the control rod notch test interval from weekly to monthly is not expected to impact the reliability of the scram system and that the analysis supports the decision to change the surveillance frequency. Therefore, the proposed changes in TSTF-475, Revision 1 [* * *] do not involve a significant reduction in a margin of safety. The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration. The Commission is seeking public comments on this proposed determination. Any comments received within 30 days after the date of publication of this notice will be considered in making any final determination. Normally, the Commission will not issue the amendment until the expiration of 60 days after the date of publication of this notice. The Commission may issue the license amendment before expiration of the 60-day period provided that its final determination is that the amendment involves no significant hazards consideration. In addition, the Commission may issue the amendment prior to the expiration of the 30-day comment period should circumstances change during the 30-day comment period such that failure to act in a timely way would result, for example, in derating or shutdown of the facility. Should the Commission take action prior to the expiration of either the comment period or the notice period, it will publish in the **Federal Register** a notice of issuance. Should the Commission make a final No Significant Hazards Consideration Determination, any hearing will take place after issuance. The Commission expects that the need to take this action will occur very infrequently. Written comments may be submitted by mail to the Chief, Rulemaking, Directives and Editing Branch, Division of Administrative Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and should cite the publication date and page number of this **Federal Register** notice. Written comments may also be delivered to Room 6D59, Two White Flint North, 11545 Rockville Pike, Rockville, Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays. Documents may be examined, and/or copied for a fee, at the NRC's Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. The filing of requests for hearing and petitions for leave to intervene is discussed below. Within 60 days after the date of publication of this notice, the person(s) may file a request for a hearing with respect to issuance of the amendment to the subject facility operating license and any person(s) whose interest may be affected by this proceeding and who wishes to participate as a party in the proceeding must file a written request via electronic submission through the NRC E-filing system for a hearing and a petition for leave to intervene. Requests for a hearing and a petition for leave to intervene shall be filed in accordance with the Commission's “Rules of Practice for Domestic Licensing Proceedings” in 10 CFR Part 2. Interested person(s) should consult a current copy of 10 CFR 2.309, which is available at the Commission's PDR, located at One White Flint North, Public File Area O1F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the Agencywide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, *http://www.nrc.gov/reading-rm/doc-collections/cfr/* . If a request for a hearing or petition for leave to intervene is filed by the above date, the Commission or a presiding officer designated by the Commission or by the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition; and the Secretary or the Chief Administrative Judge of the Atomic Safety and Licensing Board will issue a notice of a hearing or an appropriate order. As required by 10 CFR 2.309, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and how that interest may be affected by the results of the proceeding. The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following general requirements:
(1)The name, address and telephone number of the requestor or petitioner;
(2)the nature of the requestor's/petitioner's right under the Act to be made a party to the proceeding;
(3)the nature and extent of the requestor's/petitioner's property, financial, or other interest in the proceeding; and
(4)the possible effect of any decision or order which may be entered in the proceeding on the requestor's/petitioner's interest. The petition must also identify the specific contentions which the petitioner/requestor seeks to have litigated at the proceeding. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the petitioner/requestor shall provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing. The petitioner/requestor must also provide references to those specific sources and documents of which the petitioner is aware and on which the petitioner intends to rely to establish those facts or expert opinion. The petition must include sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. Contentions shall be limited to matters within the scope of the amendment under consideration. The contention must be one which, if proven, would entitle the petitioner to relief. A petitioner/requestor who fails to satisfy these requirements with respect to at least one contention will not be permitted to participate as a party. Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing. If a hearing is requested, the Commission will make a final determination on the issue of no significant hazards consideration. The final determination will serve to decide when the hearing is held. If the final determination is that the amendment request involves no significant hazards consideration, the Commission may issue the amendment and make it immediately effective, notwithstanding the request for a hearing. Any hearing held would take place after issuance of the amendment. If the final determination is that the amendment request involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment. A request for hearing or a petition for leave to intervene must be filed in accordance with the NRC E-Filing rule, which the NRC promulgated on August 28, 2007 (72 FR 49139). The E-Filing process requires participants to submit and serve documents over the internet or in some cases to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek a waiver in accordance with the procedures described below. To comply with the procedural requirements of E-Filing, at least five
(5)days prior to the filing deadline, the petitioner/requestor must contact the Office of the Secretary by e-mail at *HEARINGDOCKET@NRC.GOV,* or by calling
(301)415-1677, to request
(1)a digital ID certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any proceeding in which it is participating; and/or
(2)creation of an electronic docket for the proceeding (even in instances in which the petitioner/requestor (or its counsel or representative) already holds an NRC-issued digital ID certificate). Each petitioner/requestor will need to download the Workplace Forms Viewer TM to access the Electronic Information Exchange (EIE), a component of the E-Filing system. The Workplace Forms Viewer TM is free and is available at *http://www.nrc.gov/site-help/e-submittals/install-viewer.html.* Information about applying for a digital ID certificate is available on NRC's public Web site at *http://www.nrc.gov/site-help/e-submittals/apply-certificates.html.* Once a petitioner/requestor has obtained a digital ID certificate, had a docket created, and downloaded the EIE viewer, it can then submit a request for hearing or petition for leave to intervene. Submissions should be in Portable Document Format
(PDF)in accordance with NRC guidance available on the NRC public Web site at *http://www.nrc.gov/site-help/e-submittals.html.* A filing is considered complete at the time the filer submits its documents through EIE. To be timely, an electronic filing must be submitted to the EIE system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an e-mail notice confirming receipt of the document. The EIE system also distributes an e-mail notice that provides access to the document to the NRC Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the documents on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request/petition to intervene is filed so that they can obtain access to the document via the E-Filing system. A person filing electronically may seek assistance through the “Contact Us” link located on the NRC Web site at *http://www.nrc.gov/site-help/e-submittals.html* or by calling the NRC technical help line, which is available between 8:30 a.m. and 4:15 p.m., Eastern Time, Monday through Friday. The help line number is
(800)397-4209 or locally,
(301)415-4737. Participants who believe that they have a good cause for not submitting documents electronically must file a motion, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format. Such filings must be submitted by:
(1)First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or
(2)courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. Non-timely requests and/or petitions and contentions will not be entertained absent a determination by the Commission, the presiding officer, or the Atomic Safety and Licensing Board that the petition and/or request should be granted and/or the contentions should be admitted, based on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-(viii). To be timely, filings must be submitted no later than 11:59 p.m. Eastern Time on the due date. Documents submitted in adjudicatory proceedings will appear in NRC's electronic hearing docket which is available to the public at *http://ehd.nrc.gov/EHD_Proceeding/home.asp* , unless excluded pursuant to an order of the Commission, an Atomic Safety and Licensing Board, or a Presiding Officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submissions. For further details with respect to this license amendment application, see the application for amendment dated February 7, 2008, which is available for public inspection at the Commission's PDR, located at One White Flint North, File Public Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the Agencywide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, *http://www.nrc.gov/reading-rm/adams.html.* Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR Reference staff by telephone at 1-800-397-4209, 301-415-4737, or by e-mail to *pdr@nrc.gov.* Dated at Rockville, Maryland, this 25th day of March 2008. For the Nuclear Regulatory Commission. Adrian Muñiz, Project Manager, Plant Licensing Branch I-1, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E8-6791 Filed 4-1-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 50-423-OLA; ASLBP No. 08-862-01-OLA-BD01] Dominion Nuclear Connecticut Inc.; Establishment of Atomic Safety and Licensing Board Pursuant to delegation by the Commission dated December 29, 1972, published in the **Federal Register** , 37 FR 28,710 (1972), and the Commission's regulations, *see* 10 CFR 2.104, 2.300, 2.303, 2.309, 2.311, 2.318, and 2.321, notice is hereby given that an Atomic Safety and Licensing Board is being established to preside over the following proceeding: Dominion Nuclear Connecticut, Inc. (Millstone Power Station, Unit No. 3). This proceeding concerns a Petition to Intervene and Request for Hearing submitted by the Connecticut Coalition Against Millstone and Nancy Burton in response to a January 15, 2008 Notice of Consideration of Issuance of Amendments to Facility Operating Licenses, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing (73 FR 2546, 2549). The Petition to Intervene and Request for Hearing challenges the request of Dominion Nuclear Connecticut, Inc. to amend the operating license for Millstone Power Station, Unit No. 3 to authorize a stretch power uprate (SPU). The requested SPU would increase the unit's authorized core power level from 3,411 megawatts thermal
(MWt)to 3,650 MWt. The Board is comprised of the following administrative judges: William J. Froehlich, Chair, Atomic Safety and Licensing Board Panel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; Dr. Paul B. Abramson, Atomic Safety and Licensing Board Panel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; Dr. Michael F. Kennedy, Atomic Safety and Licensing Board Panel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. All correspondence, documents, and other materials shall be filed in accordance with the NRC E-Filing rule, which the NRC promulgated in August 2007 (72 FR 49,139). *See also* 73 FR 2547-2548. Issued at Rockville, Maryland, this 27th day of March 2008. E. Roy Hawkens, Chief Administrative Judge, Atomic Safety and Licensing Board Panel. [FR Doc. E8-6789 Filed 4-1-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Sunshine Federal Register Notice DATES: Weeks of March 31, April 7, 14, 21, 28, May 5, 2008. Place: Commissioners' Conference Room, 11555 Rockville Pike, Rockville, Maryland Status: Public and Closed. Matters to be Considered: Week of March 31, 2008 There are no meetings scheduled for the Week of March 31, 2008. Week of April 7, 2008—Tentative Monday, April 7, 2008 9:30 a.m. Briefing on Digital Instrumentation and Control (Public Meeting) (Contact: Steven Arndt, 301 415-6502). This meeting will be webcast live at the Web address— *http://www.nrc.gov* . Wednesday, April 7, 2008 2:30 p.m. Discussion of Management Issues (Closed-Ex. 2). Tuesday, April 8, 2008 10 a.m. Joint Meeting of the Federal Energy Regulatory Commission
(FERC)and the Nuclear Regulatory Commission
(NRC)(Public Meeting). To be held at FERC Headquarters, 888 First Street NE., Washington, DC. (Contact: Michelle Schroll, 301 415-1662). This meeting will be webcast live at the Web address— *http://www.ferc.gov* . Week of April 14, 2008—Tentative There are no meetings scheduled for the Week of April 14, 2008. Week of April 21, 2008—Tentative There are no meetings scheduled for the Week of April 21, 2008. Week of April 28, 2008—Tentative Monday, April 28, 2008 9:30 a.m. Briefing on Reactor Materials Issues (Public Meeting) (Contact: Ted Sullivan, 301 415-2796). This meeting will be webcast live at the Web address— *http://www.nrc.gov* . Tuesday, April 29, 2008 1:30 p.m. Meeting with Advisory Committee on the Medical Uses of Isotopes (Public Meeting) (Contact: Ashley Tull, 918-488-0552). This meeting will be webcast live at the Web address— *http://www.nrc.gov* . Wednesday, April 30, 2008 9:30 a.m. Briefing on Materials Licensing and Security (Public Meeting) (Contact: Doug Broaddus, 301-415-8124). This meeting will be webcast live at the Web address— *http://www.nrc.gov* . 1:30 p.m. Briefing on NRC Combined Infrastructure (Public Meeting) (Contact: Peter Rabideau, 301 415-7323). This meeting will be webcast live at the Web address— *http://www.nrc.gov* . Week of May 5, 2008 There are no meetings scheduled for the Week of May 5, 2008. The schedule for Commission meetings is subject to change on short notice. To verify the status of meetings, call (recording)—(301) 415-1292. Contact person for more information: Michelle Schroll,
(301)415-1662. The NRC Commission Meeting Schedule can be found on the Internet at: *http://www.nrc.gov/about-nrc/policy-making/schedule.html* . Additional Information By a vote of 3-0 on March 25, 2008, the Commission determined pursuant to U.S.C. 552b(e) and § 9.107(a) of the Commission's rules that “Affirmation of Motion to Quash OI Subpoena Filed by Daryl Shapiro” be held March 27, 2008, and on less than one week's notice to the public. The NRC provides reasonable accommodation to individuals with disabilities where appropriate. If you need a reasonable accommodation to participate in these public meetings, or need this meeting notice or the transcript or other information from the public meetings in another format (e.g. braille, large print), please notify the NRC's Disability Program Coordinator, Rohn Brown, at 301-492-2279, TDD: 301-415-2100, or by e-mail at *REB3@nrc.gov* . Determinations on requests for reasonable accommodation will be made on a case-by-case basis. This notice is distributed by mail to several hundred subscribers; if you no longer wish to receive it, or would like to be added to the distribution, please contact the Office of the Secretary, Washington, DC 20555 (301-415-1969). In addition, distribution of this meeting notice over the Internet system is available. If you are interested in receiving this Commission meeting schedule electronically, please send an electronic message to *dkw@nrc.gov* . Dated: March 27, 2008. R. Michelle Schroll, Office of the Secretary. [FR Doc. E8-6785 Filed 4-1-08; 8:45 am] BILLING CODE 7590-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57562; File No. SR-Amex-2008-26] Self-Regulatory Organizations; American Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to the Elimination of the Options Marketing Fee Related to P/A Orders That Are Routed Via the Options Linkage for Execution on an Away Options Exchange March 26, 2008. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on March 19, 2008, the American Stock Exchange LLC (“Amex” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the Exchange. Amex has designated this proposal as one establishing or changing a due, fee, or other charge imposed by Amex under Section 19(b)(3)(A)(ii) of the Act 3 and Rule 19b-4(f)(2) thereunder, 4 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A)(ii). 4 17 CFR 240.19b-4(f)(2). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to eliminate the options marketing fee related to principal acting as agent (“P/A”) orders that are routed via the Options Linkage for execution on an away options exchange. The text of the proposed rule change is available at the Exchange, the Commission's Public Reference Room, and *http://www.amex.com.* II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for the proposed rule change, and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. Amex has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to eliminate the options marketing fee related to P/A Orders that are routed via the Options Linkage for execution on an away options exchange. A P/A Order is an order for the principal account of a specialist reflecting the terms of a related unexecuted public customer order for which the specialist is acting as agent. The Exchange believes that specialists, registered options traders (“ROTs”), and supplemental registered options traders (“SROTs”) should not be subject to the options marketing fee for P/A Orders that are executed on an away options exchange. The options marketing fee is collected on those specialist, ROT, and SROT transactions involving electronically executed customer orders from firms accepting payment for directing their orders to the Exchange. The Exchange believes that, accordingly, the purpose of the options marketing fee is to provide incentives for an order flow provider to send customer order flow to the Amex. The Exchange states that if a specialist, ROT or SROT has negotiated a payment to a firm of less than the marketing fee, the difference between the marketing fee and the actual payment is refunded to the specialist, ROT and SROT. The options marketing fee is also not charged on transactions between and among ROTs and specialists. The current options marketing fee, on a per contract side basis, is set forth below. Specialist and Registered Options Trader
(ROT)Supplemental Registered Options Trader
(SROT)Equity Options $0.75 or $0.35 or $0.40* 0.75 or $0.35* Exchange-Traded Fund Share Options (including QQQQ Options and excluding SPY Options*) $0.75 or $0.35 or $0.40* $0.75 or $0.35* SPY Options $1.00 or $0.40* $1.00 Trust Issued Receipt (HOLDR) Options $0.75 or $0.35 or $0.40* $0.75 or $0.35* Index Options (including MNX Options and excluding NDX and RUT Options) No Charge No Charge. * The $0.35 options marketing fee applies to those series of Equity Options, Exchange Traded Fund Share Options, and Trust Issued Receipt Options that quote and trade in one cent increments under the penny pilot program. The $0.40 options marketing fee applies to those series of Equity Options, Exchange Traded Fund Share Options (including SPY Options), Trust Issued Receipt Options, and NDX and RUT Options that are manually executed customer orders of 1,000 contracts or greater. The Exchange states that the purpose of this proposal is to eliminate the options marketing fees for specialists, ROTs, and SROTs in those cases where an underlying customer order through a P/A Order is routed to an away exchange as required by the Options Linkage Plan and the related rules of the Exchange. In such an instance, the Exchange believes that the purpose for imposing the options marketing fee does not exist. The Exchange believes that this proposal to eliminate the options marketing fee for P/A Orders that are routed via the Options Linkage to an away options exchange for execution is necessary so that specialists, ROTs, and SROTs are not paying an options marketing fee for orders that are not executed on the Exchange. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act 5 in general, and Section 6(b)(4) of the Act 6 in particular, in that it is designed to provide for an equitable allocation of reasonable dues, fees, and other charges among its members and issuers and other persons using exchange facilities. 5 15 U.S.C. 78f(b). 6 15 U.S.C. 78f(b)(4). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others No written comments were solicited or received with respect to the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing proposed rule change has been designated as a fee change pursuant to Section 19(b)(3)(A)(ii) of the Act 7 and Rule 19b-4(f)(2) 8 thereunder, because it establishes or changes a due, fee, or other charge imposed by the Exchange. Accordingly, the proposal will take effect upon filing with the Commission. At any time within 60 days of the filing of such proposed rule change the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. 7 15 U.S.C. 78s(b)(3)(A)(ii). 8 17 CFR 240.19b-4(f)(2). IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number SR-Amex-2008-26 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-Amex-2008-26. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-Amex-2008-26 and should be submitted on or before April 23, 2008. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 9 9 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E8-6730 Filed 4-1-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57566; File No. SR-BSE-2008-20] Self-Regulatory Organizations; Boston Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the Implementation of Phase II of the Penny Pilot Program March 26, 2008. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”), 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on March 25, 2008, the Boston Stock Exchange, Inc. (“BSE” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by the BSE. The Exchange has designated this proposal as one constituting a stated policy, practice, or interpretation with respect to the meaning, administration, or enforcement of an existing rule under Section 19(b)(3)(A)(i) of the Act 3 and Rule 19b-4(f)(1) thereunder, 4 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A)(i). 4 17 CFR 240.19b-4(f)(1). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend Section 33 (Penny Pilot Program) of Chapter V of the Rules of the Boston Options Exchange (“BOX”). The proposed rule change will allow the Exchange to implement the second phase (“Phase II”) of a Commission-approved expansion of the Penny Pilot Program. 5 The proposed rule change will also allow the Exchange to remove the current listing of the classes (“Penny Classes”) included in the Penny Pilot Program from Section 33, and will permit the Exchange to notify Participants of the classes included in the Penny Pilot Program via Regulatory Circular. 5 *See* Securities Exchange Act Release No. 56566 (September 27, 2007), 72 FR 56400 (October 3, 2007) (SR-BSE-2007-40) (“Approval Order”). The text of the proposed rule change and the Regulatory Circular are available on the Exchange's Web site ( *http://www.bostonstock.com* ), at the BSE's principal office, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The BSE has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Penny Pilot Program began on January 26, 2007 and allowed for the trading of a limited number of option classes in penny increments. 6 A subsequent rule filing by the Exchange on September 27, 2007 initiated a two-phased expansion of the Penny Pilot Program. 7 The first phase (“Phase I”) commenced on September 28, 2007, and with it added twenty-two
(22)option classes to the Penny Pilot Program. 8 6 *See* Securities Exchange Act Release No. 55155 (January 23, 2007) 72 FR 4741 (February 1, 2007) (SR-BSE-2006-49) (“Original Pilot Approval Order”). The thirteen
(13)option classes originally included in the Pilot were: iShares Russell 2000 (IWM), NASDAQ-100 Index Tracking Stock (QQQQ), SemiConductor Holders Trust (SMH), General Electric Company (GE), Advanced Micro Devices, Inc. (AMD), Microsoft Corporation (MSFT), Intel Corporation (INTC), Caterpillar, Inc. (CAT), Whole Foods Market, Inc. (WFMI), Texas Instruments, Inc. (TXN), Flextronics International Ltd. (FLEX), Sun Microsystems, Inc. (JAVA), and Agilent Technologies, Inc. (A). The Penny Pilot Program was extended on July 24, 2007. *See* Securities Exchange Act Release No. 56149 (July 26, 2007), 72 FR 42450 (August 2, 2007) (SR-BSE-2007-38). 7 *See* Approval Order, *supra* note 5. 8 The following classes were added to the Penny Pilot Program on September 28, 2007: SPY (SPDRs), AAPL (Apple, Inc.), MO (Altria Group Inc.), DNDN (Dendreon Corp.), AMGN (Amgen Inc.), YHOO (Yahoo! Inc.), QCOM (QUALCOMM Inc.), GM (General Motors Corporation), XLE (Energy Select Sector), DIA (DIAMONDS Trust, Series 1), OIH (Oil Service HOLDRS), NYX (NYSE Euronext, Inc.), CSCO (Cisco Systems, Inc.), XLF (Financial Select Sector SPDR), T (AT&T Inc.), C (Citigroup), AMZN (Amazon.com Inc.), MOT (Motorola Inc.), RIMM (Research in Motion Ltd.), FCX (Freeport-McMoRan Copper & Gold Inc.), COP (ConocoPhillips), and BMY (Bristol-Myers Squibb Co.). The most recent expansion of the Penny Pilot Program is set to expire on March 27, 2008, after which point the second phase of the expansion will commence and continue through March 27, 2009. The Exchange now proposes to implement Phase II of the expansion on March 28, 2008. When Phase II is implemented the Exchange will add twenty-eight
(28)of the most actively traded, multiply-listed option classes to the Penny Pilot Program. This will bring the total number of option classes quoted in pennies to sixty-three
(63)(the original thirteen
(13)classes, plus twenty-two
(22)classes from Phase I of the expansion, plus the twenty-eight
(28)additional option classes from Phase II of the expansion). The Exchange will distribute a complete list of the classes included in the Penny Pilot Program to Participants via Regulatory Circular. The Exchange believes that distributing a Regulatory Circular containing the current and additional Penny Classes is the best method of notifying and informing Participants of the additional classes that will be included in Phase II of the impending expansion. Further, circulation of the list of Penny Classes via Regulatory Circular will conform the Exchange's method of distribution of such information to that of other exchanges. 9 9 *See* Supplemental Material to Rule 710 of the Rules of the International Securities Exchange, LLC (“ISE”). 2. Statutory Basis The Exchange believes that the proposal is consistent with the requirements of Section 6(b) of the Act, 10 in general, and Section 6(b)(5) of the Act, 11 in particular, in that it will implement the second phase of an approved pilot program and permit the Exchange to notify Participants about the program via Regulatory Circular, and is designed to prevent fraudulent and manipulative acts, to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. Specifically, the proposal will result in a more efficient method by which the Exchange informs Participants of the classes included in the Penny Pilot Program. 10 15 U.S.C. 78f(b). 11 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others The Exchange has neither solicited nor received comments on the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The proposed rule change has become effective pursuant to Section 19(b)(3)(A)(i) of the Act 12 and Rule 19b-4(f)(1) thereunder, 13 because it constitutes a stated policy, practice, or interpretation with respect to the meaning, administration, or enforcement of an existing BOX rule. Specifically, the proposed rule change will allow the Exchange to implement Phase II of a Commission-approved expansion of the Penny Pilot Program. The proposed rule change will also allow the Exchange to modify the manner in which it will notify Participants of the classes contained in the Penny Pilot Program. 12 15 U.S.C. 78s(b)(3)(A)(i). 13 17 CFR 240.19b-4(f)(1). At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. 14 14 *See* 15 U.S.C. 78s(b)(3)(C). IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number SR-BSE-2008-20 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-BSE-2008-20. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the BSE. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-BSE-2008-20 and should be submitted on or before April 23, 2008. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 15 15 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E8-6731 Filed 4-1-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57570; File No. SR-BSE-2008-14] Self-Regulatory Organizations; Boston Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rules Pertaining to the Terms of Index Option Contracts March 27, 2008. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the “Act”) 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on March 12, 2008, the Boston Stock Exchange, Inc. (“BSE” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II below, which Items have been prepared substantially by BSE. BSE filed the proposed rule change as a “non-controversial” proposed rule change pursuant to Section 19(b)(3)(A) of the Act 3 and Rule 19b-4(f)(6) thereunder, 4 which renders it effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A). 4 17 CFR 240.19b-4(f)(6). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change BSE proposes to amend Section 10 (Terms of Index Options Contracts) of Chapter XIV (Index Rules) of the Boston Options Exchange (“BOX”) Rules to allow the listing of up to seven expiration months for options on certain broad-based indexes. The text of the proposed rule change is available at BSE, the Commission's Public Reference Room, and *http://www.bse.com.* II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, BSE included statements concerning the purpose of, and basis for, the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. BSE has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of this rule filing is to amend the BOX Rules to allow the Exchange to list up to seven expiration months for broad based security index options upon which an exchange calculates a constant three-month volatility index. Currently, Section 10(a)(3) of Chapter XIV of the BOX Rules permits the Exchange to list only six expiration months in any index options at any one time. Volatility products offer investors a unique set of tools for hedging. For example, the Chicago Board Options Exchange, Incorporated (“CBOE”) Volatility Index (“VIX”) options, first introduced in February 2006, have proven to be one of CBOE's most successful new products ever listed, currently averaging over 90,000 contracts traded per day. In a recent proposal, CBOE explained that it plans to introduce new volatility products and new volatility indexes in the near future, including the CBOE S&P 500 Three-Month Volatility Index (“VXV”). 5 Similar to the VIX, the VXV is a measure of S&P 500 implied volatility, the volatility implied by S&P option prices. Instead of reflecting a constant one-month implied volatility period, however, VXV is designed to reflect the implied volatility of an option with a constant three months to expiration. Since there is only one day on which an option has exactly three months to expiration, VXV is calculated as a weighted average of options expiring immediately before and immediately after the three-month standard. Accordingly, an index calculator would need to use four consecutive expiration months in order to calculate a constant three-month volatility index. 6 5 CBOE calculates volatility indexes on other broad-based security indexes, such as the Dow Jones Industrial Average index (“DJX”), the Nasdaq-100 index (“NDX”), and the Russell 2000 index (“RUT”). CBOE may calculate a constant three-month volatility index on DJX, NDX, or RUT in the future. *See* Securities Exchange Act Release No. 56821 (November 20, 2007), 72 FR 66210 (November 27, 2007) (SR-CBOE-2007-82) (“CBOE Proposal”). 6 *See Id.* In CBOE Proposal, CBOE provides examples illustrating the need for a seventh month in order to maintain four consecutive near term contract months. Under the current application of Section 10 of Chapter XIV of the BOX Rules, the Exchange generally lists three consecutive near term months and three months on a quarterly expiration cycle. One of the three consecutive near term months is always a quarterly month; however, that near term contract month (which is also a quarterly month) is not included as part of the three months listed on a quarterly expiration cycle. Therefore, in order to permit the addition of four consecutive near term months under current Section 10 of Chapter XIV of the BOX Rules, the Exchange would only be able to list two months on a quarterly expiration cycle. Because of customer demand and other investment strategy reasons for having three months on a quarterly expiration cycle, the Exchange is seeking to increase, from six to seven, the number of expiration months for broad-based security index options upon which a constant three-month volatility index is calculated. The proposed rule change will permit the Exchange to list up to seven expiration months at any one time for any broad-based security index option contract 7 upon which any exchange calculates a constant three-month volatility index. As a result, the Exchange, eight times a year, would be able to add an additional seventh expiration month in order to maintain four consecutive near term contract months. 7 *See* Section 10 of Chapter XIV of the BOX Rules. Examples of such broad-based securities indexes include the S&P 500, DJX, NDX and RUT. The BSE has analyzed its capacity and represents that it believes the Exchange and the Options Price Reporting Authority
(OPRA)have the necessary systems capacity to handle any additional quote and message traffic associated with the additional listing of a seventh contract month in order to maintain four consecutive near term contract months for those broad-based securities index options upon which a constant three-month volatility index is calculated. 2. Statutory Basis The Exchange believes the rule proposal is consistent with Section 6 of the Act, 8 in general, and with Section 6(b)(5) of the Act, 9 in particular, because the proposed increase in the number of options contract expiration month series is limited to broad-based securities indexes upon which a constant three-month volatility index is calculated and because the additional quote and message traffic from any additional index option series is not expected to significantly impact current system capacity. In addition, the Exchange believes the proposed rule change is consistent with the provisions of Section 6 of the Act, 10 in general, and with Section 6(b)(5) of the Act, 11 in particular, in that the proposal is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. 8 15 U.S.C. 78f. 9 15 U.S.C. 78f(b)(5). 10 15 U.S.C. 78f. 11 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition BSE does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others Written comments were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change does not:
(i)Significantly affect the protection of investors or the public interest;
(ii)impose any significant burden on competition; and
(iii)become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A) of the Act 12 and Rule 19b-4(f)(6) thereunder. 13 12 15 U.S.C. 78s(b)(3)(A). 13 17 CFR 240.19b-4(f)(6). A proposed rule change filed under Rule 19b-4(f)(6) may not become operative prior to 30 days after the date of filing, unless the Commission designates a shorter time if such action is consistent with the protection of investors and the public interest. 14 The Exchange has requested that the Commission waive the 30-day operative delay. The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest. The Commission notes that other self-regulatory organizations recently adopted substantially similar rule changes that were effective upon filing, 15 and that this filing raises no new regulatory issues. 14 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) requires a self-regulatory organization to give the Commission written notice of its intent to file the proposed rule change at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. BSE has complied with this requirement. 15 *See* Securities Exchange Act Release Nos. 57284 (February 7, 2008), 73 FR 8387 (February 13, 2008) (SR-NYSEArca-2008-16); 57104 (January 4, 2008), 73 FR 2070 (January 11, 2008) (SR-ISE-2007-113); 57449 (March 7, 2008), (SR-Amex-2008-13). The Commission notes the Exchange's representations that it possesses the necessary systems capacity to handle the additional traffic associated with the additional listing of a seventh contract month in order to maintain four consecutive near term contract months for those broad-based security index options upon which the Exchange calculates a constant three-month volatility index. The Commission hereby grants the Exchange's request and designates the proposal as operative upon filing. 16 16 For purposes only of waiving the 30-day operative delay of this proposal, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File No. SR-BSE-2008-14 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, Station Place, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-BSE-2008-14. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of BSE. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-BSE-2008-14 and should be submitted on or before April 23, 2008. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 17 17 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E8-6788 Filed 4-1-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57568; File No. SR-CBOE-2008-32] Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Related to Off-Floor DPMs March 26, 2008. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the “Act”), 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on March 24, 2008, the Chicago Board Options Exchange, Incorporated (the “Exchange” or “CBOE”) filed with the Securities and Exchange Commission (the “Commission”) the proposed rule change as described in Items I and II below, which Items have been substantially prepared by the Exchange. The Exchange filed the proposal as a “non-controversial” proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act 3 and Rule 19b-4(f)(6) thereunder. 4 The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A)(iii). 4 17 CFR 240.19b-4(f)(6). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend CBOE rules relating to DPMs. The text of the proposed rule change is available at the Exchange, at the Commission's Public Reference Room, and at *http://www.cboe.org/Legal* . II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose Last year, CBOE amended its rules to provide DPMs with the flexibility to operate remotely away from CBOE's trading floor as a so-called “Off-Floor DPM.” 5 At the time, CBOE stated that a DPM could function as an Off-Floor DPM in equity option classes. CBOE now proposes to amend its rules to provide DPMs with the same flexibility to operate as an Off-Floor DPM in any option class traded on the Hybrid Trading System and Hybrid 2.0 Platform. Specifically, CBOE proposes to amend CBOE Rule 8.80 and CBOE Rule 8.83, which describe the option classes in which an Off-Floor DPM can function. 6 5 *See* Securities Exchange Act Release No. 55531 (March 26, 2007), 72 FR 15736 (April 2, 2007) (SR-CBOE-2006-94) (the “original filing”). 6 CBOE also proposes to amend CBOE Rule 6.45B to clarify, as it did CBOE Rule 6.45A in the original filing, that the DPM participation entitlement for orders represented in open outcry is only applicable to an On-Floor DPM. See CBOE Rules 8.83 and 8.87. CBOE proposes to clarify that an Off-Floor DPM can function in option classes traded on the Hybrid 2.0 Platform 7 in addition to the Hybrid Trading System. 8 At the time CBOE's rule filing to allow Off-Floor DPMs was approved, CBOE's trading platforms included the Hybrid Trading System and the Hybrid 2.0 Platform, the latter of which was encompassed in the definition of Hybrid Trading System under CBOE Rule 1.1(aaa). Later in 2007, however, CBOE established a new trading platform—the Hybrid 3.0 Platform. 9 Accordingly, CBOE wishes to clarify that Off-Floor DPMs can function in the Hybrid Trading System and the Hybrid 2.0 Platform, but not the Hybrid 3.0 Platform. 7 The Hybrid 2.0 Platform is an enhanced platform that allows remote quoting by authorized categories of members. 8 *See* CBOE Rule 1.1(aaa). 9 *See* Securities Exchange Act Release No. 55874 (June 7, 2007), 72 FR 32688 (June 13, 2007) (SR-CBOE-2006-101). By expanding the types of option classes in which an Off-Floor DPM can function, CBOE believes that the rule change will provide flexibility to member organizations that may wish to function remotely in various types of option classes. It will further provide flexibility to CBOE when allocating option classes, as CBOE could determine to allocate non-equity option classes to a DPM or an Off-Floor DPM. Expanding the category of option classes in which a DPM can function as an Off-Floor DPM also removes a potential operational issue for a DPM that has been allocated equity and non-equity option classes. Absent this change to CBOE's rules, a DPM organization that is approved to function as an Off-Floor DPM would need to maintain a presence on the trading floor as a DPM for its non-equity option classes, while being permitted to function as an Off-Floor DPM in its equity option classes. Accordingly, CBOE believes that the proposed rule change is designed to promote just and equitable principles of trade and also promotes efficiency. 2. Statutory Basis The Exchange believes the proposed rule change is consistent with the Act and the rules and regulations under the Act applicable to a national securities exchange and, in particular, the requirements of Section 6(b) of the Act. 10 Specifically, the Exchange believes the proposed rule change is consistent with the requirements of Section 6(b)(5) of the Act 11 that the rules of an exchange be designed to promote just and equitable principles of trade, to prevent fraudulent and manipulative acts and, in general, to protect investors and the public interest. 10 15 U.S.C. 78f(b). 11 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition CBOE does not believe that the proposed rule change will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others The Exchange neither solicited nor received comments on the proposal. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing rule does not
(i)Significantly affect the protection of investors or the public interest;
(ii)impose any significant burden on competition; and
(iii)become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest, provided that the self-regulatory organization has given the Commission written notice of its intent to file the proposed rule change at least five business days prior to the date of filing of the proposed rule change or such shorter time as designated by the Commission, the proposed rule change has become effective pursuant to Section 19(b)(3)(A)(iii) of the Act 12 and Rule 19b-4(f)(6) thereunder. 13 At any time within 60 days of the filing of such proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. 12 15 U.S.C. 78s(b)(3)(A)(iii). 13 17 CFR 240.19b-4(f)(6). Rule 19b-4(f)(6) under the Act requires a self-regulatory organization to give written notice of a proposed rule change filed pursuant to this subsection at least five business days prior to filing. CBOE complied with this requirement. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov* . Please include File Number SR-CBOE-2008-32 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-CBOE-2008-32. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-CBOE-2008-32 and should be submitted on or before April 23, 2008. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 14 14 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. 6 [FR Doc. E8-6733 Filed 4-1-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57556; File No. SR-CBOE-2008-03] Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Order Approving Proposed Rule Change Relating to Complex Orders March 26, 2008. I. Introduction On January 14, 2008, the Chicago Board Options Exchange, Incorporated (“CBOE” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 a proposed rule change regarding complex orders. The proposed rule change was published for comment in the **Federal Register** on February 21, 2008. 3 The Commission received no comments regarding the proposal. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 *See* Securities Exchange Act Release No. 57326 (February 13, 2008), 73 FR 9609. II. Description of the Proposal The Exchange is proposing to amend its priority provisions contained in CBOE Rules 6.45, 6.45A and 6.45B to provide that a complex order may be executed at a net debit or credit price with another member without giving priority to equivalent bids (offers) in the individual series legs that are represented in the public customer limit order book, provided that one leg of the complex order betters the corresponding bid (offer) in the public customer limit order book by at least the amount determined by the Exchange on a class-by-class basis. The amount shall be either
(i)one minimum trading increment ( *i.e.* , $0.10, $0.05 or $0.01, as applicable) or
(ii)a $0.01 increment. Currently, the rules provide that one leg of a complex order must better the corresponding bid (offer) in the public customer limit order book by at least one minimum trading increment. 4 4 Currently, for example, if a complex order spread market is quoted on a net debit/credit basis at $0.90 to $1.10 and there are orders represented in the public customer limit order book in the individual series at each of the respective prices, the complex order may only be executed with another member at a net price of $0.95 to $1.05. Under the proposed revisions, a complex order may be executed at a net price of $0.91 to $1.09, permitting price improvement at net prices ranging from $0.91-$0.94 and $1.06-$1.09. III. Discussion The Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange. 5 In particular, the Commission finds that the proposed rule change is consistent with Section 6(b)(5) of the Act, 6 which requires, among other things, that the rules of a national securities exchange be designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market, and, in general, to protect investors and the public interest. 5 In approving this proposal, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). 6 15 U.S.C. 78f(b)(5). The Commission believes that it is beneficial for orders in the same securities directed to an exchange to interact with each other, as such interaction promotes efficient exchange trading and protects investors by assuring that orders are executed pursuant to a single set of priority rules that are consistently and fairly applied. The Commission notes that CBOE maintains a complex order book (“COB”) to facilitate more automated handling of complex orders traded on the Hybrid System by permitting market participants to place complex orders at net debit/credit prices on a central limit order book. 7 In addition, market participants may choose to enter complex orders into the complex order auction (“COA”) for potential price improvement via the automated request for responses process. 8 The Commission believes that the proposed rule change to modify the Exchange's priority provisions for complex orders is appropriate in this circumstance in light of the price competition for complex orders driven by the COB and the availability of the COA. The Commission believes that the proposal could enhance the orderly execution of complex orders on the CBOE and could provide new opportunities for price improvement. The Commission believes that these benefits outweigh the minimal impact on the efficient interaction of public customer orders in individual series. Finally, the Commission believes the proposed modification of the priority rules for complex orders is consistent with the Act. 7 *See* Securities Exchange Act Release No. 51271 (February 28, 2005), 70 FR 10712 (March 4, 2005). 8 *See* Securities Exchange Act Release No. 54135 (July 12, 2006), 71 FR 41287 (July 20, 2006). In addition, the Commission notes that the legs of a COA-eligible order may be executed in $0.01 increments, regardless of the minimum quoting increments that otherwise would apply to the individual legs of the order. *See* CBOE Rule 6.53C(d)(v). CBOE rules also allow complex orders routed to or resting in the COB to be expressed and executed in $0.01 increments, thereby providing additional price points at which complex orders could be executed. *See* CBOE Rule 6.53C(c)(ii). IV. Conclusion *It is therefore ordered* , pursuant to Section 19(b)(2) of the Act, 9 that the proposed rule change (SR-CBOE-2008-03) be, and it hereby is, approved. 9 15 U.S.C. 78s(b)(2). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 10 10 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E8-6787 Filed 4-1-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57573; File Nos. SR-DTC-2007-14 and SR-NSCC-2007-14] Self-Regulatory Organizations; The Depository Trust Company and National Securities Clearing Corporation; Notice of Filing of Proposed Rule Changes, as Amended, To Provide for the Settlement of Institutional Transactions in Conjunction With Each Other Through a Service Called ID Net March 27, 2008. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”), 1 notice is hereby given that on October 15, 2007, The Depository Trust Company (“DTC”) and the National Securities Clearing Corporation (“NSCC”) each filed with the Securities and Exchange Commission (“Commission”) and on December 20, 2007, and on February 25, 2008, each amended their proposed rule changes as described in Items I, II, and III below, which items have been prepared by DTC and NSCC. The Commission is publishing this notice to solicit comments on the proposed rule changes from interested parties. 1 15 U.S.C. 78s(b)(1). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Changes DTC and NSCC are seeking to amend their Rules to provide a new service, “ID Net Service,” which will establish settlement netting functionalities for institutional transactions by leveraging the netting and settlement capabilities of NSCC with the existing processing capabilities of DTC. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Changes In its filing with the Commission, DTC and NSCC included statements concerning the purpose of and basis for the proposed rule changes and discussed any comments it received on the proposed rule changes. The text of these statements may be examined at the places specified in Item IV below. DTC and NSCC have prepared summaries, set forth in sections (A), (B), and
(C)below, of the most significant aspects of these statements. 2 2 The Commission has modified the text of the summaries prepared by DTC and NSCC. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Changes 1. Background Unlike exchange trades and most prime broker trades, most institutional delivery (“ID”) transactions do not currently flow through NSCC's Continuous Net Settlement system (“CNS”). 3 Rather, these institutional transactions are processed and settled at DTC. The ID Net Service will allow subscribers to the service to net all eligible affirmed institutional transactions at DTC against their CNS transactions at NSCC. 3 NSCC's CNS is an automated accounting and securities settlement system that centralizes and nets the settlement of compared and recorded securities transactions and maintains an orderly flow of security and money balances. CNS provides clearance for equities, corporate bonds, unit investment trusts, and municipal bonds that are eligible for book-entry transfer at DTC. The ID Net Service will accept affirmed institutional transactions that are eligible for the ID Net Service from clearing agencies registered pursuant to Section 17A of the Act, other entities (such as Omgeo Matching Services—US LLC) which have obtained an exemption from clearing agency registration from the Commission, and Qualified Vendors, as defined in the rules of the New York Stock Exchange, the National Association of Securities Dealers, or other self-regulatory organizations (entities with exemptions from clearing agency registration or Qualified Vendor are collectively referred to as “Affirming Agencies”), and net the broker-dealer side of such transaction with the broker-dealer's CNS obligations. Eligibility for the ID Net Service will require that a broker-dealer be an NSCC Member eligible for CNS processing and a DTC Participant (“ID Net Firm”) and that a bank be a DTC Participant (“ID Net Bank”) (collectively “ID Net Subscribers”). In addition, eligibility for ID Net Service processing will be based on the underlying security being processed, the type of transaction submitted for processing, and the timing of affirmation. Participation in the ID Net Service will be voluntary and will be governed by the rules and procedures applicable to the ID Net Service as described below. All ID Net Subscribers will be required to enter into separate ID Net Subscriber agreements with NSCC and/or DTC, as applicable, governing their use of the ID Net Service. 2. Current Processing A typical ID transaction is currently processed as follows. An Investment Manager, acting on behalf of its Institutional client, executes a transaction with Firm A. The Investment Manager, or a Custodian acting on its behalf, and Firm A submit the transaction data to an Affirming Agency (for example, Omgeo) for confirmation/affirmation. Once affirmed, the Affirming Agency's automated systems transmit settlement instructions for the matched transaction to DTC's Inventory Management System (“IMS”) to be processed. These ID transactions are not netted, rather they are settled on a trade-for-trade basis at DTC. 3. Proposed Service In order to extend netting benefits and efficiencies to institutional transactions, NSCC will extend its clearance and settlement functionalities to net the broker-dealer's side of institutional transactions with the broker-dealer's broker-to-broker activity that is eligible for processing through NSCC's CNS service. Most equity securities that are currently eligible for CNS processing will be eligible for ID Net Service processing. However, ID Net Services will initially exclude the following:
(1)Corporate and municipal bonds and unit investment trust issues;
(2)new issue securities in their first day of IPO trading;
(3)securities that are IPO tracked since the use of omnibus accounts would bypass the tracking system;
(4)trades in issues that are currently undergoing a mandatory or voluntary reorganization;
(5)trades in securities with a CNS buy-in; and
(6)trades in securities appearing on the Commission's Regulation SHO list. 4 4 NSCC has determined that certain security types may have a relatively high rate of delivery failure or may disrupt normal processing of transactions in the ID Net Service. Such securities will initially be excluded from the service; however, as experience with the service grows, the status of such securities may be reevaluated. To facilitate the processing of ID Net Service transactions, two new securities accounts will be established by NSCC at DTC on behalf of all ID Net Firms that have elected to use ID Net Service—the “ID Netting Subscriber Deliver Account” and the “ID Netting Subscriber Receive Account” (collectively referred to as the “ID Netting Subscriber Accounts”). NSCC will be the owner of both accounts and will act as agent for the ID Net Firms. NSCC will process ID Net Service transactions through these accounts on behalf of participating ID Net Firms. While NSCC will direct transactions through these accounts on behalf of the ID Net Firms, the ID Net Firms, not NSCC, will be responsible for satisfying applicable DTC risk management controls and Participant Fund requirements for their activity in the ID Netting Subscriber Accounts. The ID Netting Subscriber Deliver Account will be maintained for all ID Net Firms receiving ID Net Eligible Securities from an ID Net Bank. The ID Netting Member Receive Account will be maintained for all ID Net Firms receiving ID Net Eligible Securities from CNS that are bound for delivery by that ID Net Firm to an ID Net Bank. 5 5 ID Net Firms will not have the ability to direct transactions to either ID Netting Subscriber Account. All ID Net Firm positions in either the ID Netting Subscriber Deliver Account or the ID Netting Subscriber Receive Account will be recorded separately by NSCC and in no event will securities positions of one ID Net Firm be attributed to another ID Net Firm. With the establishment of these two new ID Netting accounts, ID Net Service transactions will be processed as follows. Upon affirmation, the Affirming Agency will check that the transaction is eligible for ID Net Service processing. If the transaction qualifies, the Affirming Agency prior to submitting that affirmed transaction to IMS will flag the transaction by populating the delivery instructions third party field with the account number of the ID Netting Subscriber. IMS will facilitate the delivery of the securities, subject to DTC's risk management controls, to the ID Netting Subscriber Deliver Account. On the night of trade date plus two (“T+2”), the ID Net Firm's CNS position, if any, will be updated for the quantity and value of the ID Net Service transaction and an open obligation in the ID Netting Subscriber Deliver Account will be created. For transactions in which the ID Net Firm is delivering securities to an ID Net Bank, on the night of T+2, the ID Net Firm's CNS position, if any, will be updated for the quantity and value of the ID Net Service transaction and an open obligation in the ID Netting Subscriber Receive Account will be created. Once the securities are credited to the ID Netting Subscriber Receive Account, the securities will be delivered, subject to DTC's Risk Management controls, to the ID Net Bank's account. ID Net Service transactions not completed for any reason, including due to a party's failure to deliver or pass DTC's risk management controls, by 11:30 a.m. on settlement date will be “dropped” from ID Net Service and instead will be settled trade-for-trade between the original counterparties at DTC as if the transaction had not been included in the ID Net Service. 4. Eligibility Requirements Eligibility is based on the participants, the underlying security, the type of trade, and the timing of the affirmation as follows:
(1)The broker-dealer must be both an NSCC Member and a DTC Participant;
(2)The custodian bank must be a DTC Participant;
(3)The broker-dealer and the custodian bank must both elect to participate in the ID Net Service; and
(4)The security must be an equity security eligible for CNS. The following securities will not be eligible for the ID Net Service:
(1)Corporate and municipal bonds;
(2)unit investment trust issues;
(3)new issue securities in their first day of trading;
(4)securities that are IPO tracked since the use of omnibus accounts would bypass the tracking system;
(5)securities that are undergoing a mandatory or voluntary reorganization;
(6)securities with a pending CNS buy-in; and
(7)Regulation SHO securities. 6 The trade must be affirmed before 9 p.m. on trade date plus one (“T+1”), and the trade must be “regular-way” ( *i.e.* , scheduled for T+3 settlement). 6 *Supra* note 4. After a transaction has been affirmed and deemed eligible for the ID Net Service, DTC will monitor the ID Net Service transaction's eligibility up until approximately 8 p.m. on the night of T+2. If the transaction becomes ineligible for any reason, the transaction will be exited from the ID Net Service processing and will be settled on a trade-for-trade basis between the ID Net Firm and the ID Net Bank outside of the ID Net Service at DTC. 5. Settlement Upon receipt of the affirmation of an eligible trade from the Affirming Agency, DTC's IMS System will automate the following:
(1)For bank deliveries, IMS will move the “original clearing broker” from the “receiver's field” to the “third party field” of the ID delivery instruction and will replace it with a with the ID Netting Subscriber Delivery Account and
(2)For bank receives, IMS will move the “original clearing broker” from the “deliverer's field” to the “third party field” of the ID delivery instruction and will replace it with the ID Netting Subscriber Receive Account. Custodian banks will still be able to exempt or authorize ID deliveries in IMS before the night cycle as they do today; and trades that are eligible for ID Net Service but which are still in a pending state by 11:30 a.m. on settlement date will revert to trade-for-trade settlement versus the original clearing participant and will not settle as part of ID Net Service. Accordingly, if the bank subsequently authorizes the delivery, it will be sent to the original clearing broker instead of to the ID Netting Subscriber Deliver Account. ID Net Firms will still be able to exempt or cancel an ID delivery in IMS as they do today, but they will be limited to instructions transmitted through DTC's Participant Terminal Service and Participant Browser Service (PTS/PBS) and only on a trade-by-trade basis. Deliveries from the ID Netting Subscriber Receive Account will be attempted in random order until approximately 10 a.m. on settlement date. After that time, the system will attempt to complete any of the deliveries up until 11:30 a.m. in settlement value order with highest value first. ID Net Service transactions not completed for any reason by 11:30 a.m. due to a party's failure to deliver or pass DTC risk controls on settlement date will be exited from the ID Net Service and instead will settle trade-for-trade versus the original clearing broker. Deliveries that do not complete will be available for immediate reintroduction from the original clearing broker's account through a new IMS function at 11:30 a.m. Brokers can then create a profile to have these deliveries await authorization or to be processed immediately. If an ID Net Bank reclaims a transaction from the ID Netting Subscriber Receive Account, the reclaim will be processed against the applicable ID Net Firm and not against the ID Netting Subscriber Receive Account. 6. DTC Risk Management Control Updates In order to protect DTC from having a failure exported from NSCC, updates to DTC's participants' net debit caps and collateral monitors will be necessary. A new ID Net Service collateral monitor and net debit cap balance will be recorded for each ID Net Firm. The ID Net Service collateral monitor will record the net balance of collateral generated for all transactions processed through the ID Net Service. If the balance of collateral generated by all ID Net Service receives and delivers is positive, the ID Net Firm's collateral monitor will not be increased by that amount. However, if an ID Net Service transaction requires collateral, the system will use the ID Net Service collateral surplus for that ID Net Firm before attempting to use other collateral from that ID Net Firm. If there is insufficient ID Net Service collateral for that broker, the system will look to the ID Net Firm's excess collateral in its account. Similar to collateral, the system will create a new ID Net Service settlement balance for each ID Net Firm. When this balance is a net credit from deliveries on the ID Net Firm's behalf through the ID Netting Subscriber Receive Account, it will only be used to offset incoming ID Net Services receives to the ID Netting Subscriber Deliver Account. If there is an insufficient ID Net Service credit to absorb the debit of the ID Net Service delivery to the ID Netting Subscriber Deliver Account for the ID Net Firm, the system will create an ID Net Service debit that will effectively treat the ID Net Service debit as a reduction of the ID Net Firm's net debit cap. The ID Net Service debit will only be used for net debit cap calculation purposes and will not represent a participant's actual settlement balance. 7 If the broker has insufficient collateral or net debit cap, the transaction will pend until 11:30 am on settlement date. 8 7 Currently, brokers receive market value credit for deliveries to CNS if the security is received versus payment
(RVP)or collateral value (collateral value is market value less the DTC haircut) if the delivery to CNS was from securities in their start of day position or received for free. With respect to the ID Net Service, the system will no longer identify if a delivery would have come from a broker's RVP securities or not, and as such, the system will assume the delivery would have come from a broker's start of day position. Likewise, to the extent that ID Net Firms have a net credit for their ID deliveries today, an ID Net Firm's settlement balance is reduced. Since these credits will no longer be generated from the ID Net Firm's account, it may require the need to fund DTC intraday to prevent net debit cap blockage. 8 As an example of how DTC risk controls would be applied to ID Net Subscribers, assume that Investment Manager A sells 10 shares of Common Stock X using ID Net Firm B (a broker). If B sells the shares on an exchange for $20, and the trade is affirmed and the shares are delivered by A's Custodian Bank C, then C would receive a credit in DTC for $20 and the ID Netting Subscriber Deliver Account (owned by NSCC as agent for B) would have a DTC debit of $20. In this case, B's net debit cap would be reduced by $20 and its collateral monitor is reduced by the net of the $20 debit and the collateral value of the securities ( *e.g.* with a 10 percent haircut the collateral value would be $18), or $2. When the ID Netting Subscriber Deliver Account delivers the shares to CNS, it receives a credit for $20. This credit is offset with the DTC debit of $20 at end-of-day. Additionally, assume A then buys 10 shares of Commons Stock Y through B at $30. On the night of T+2, CNS will deliver the shares to the ID Netting Subscriber Receive Account and that account will be debited in CNS for $30. C would then receive 10 shares of Y from the ID Netting Subscriber Receive Account. C receives a debit in DTC for $30 and the ID Netting Subscriber Receive Account is credited at DTC for $30. B's account has its DTC net debit cap increased by $20 to offset the previous decrease of $20 (for the sale of Common Stock X) (and not $30 since the net of the ID Net receive relating to the sale of Common Stock X above of $20 and the delivery of Common Stock Y for $30 is a $10 credit and B's net debit cap is decremented only when the net balance is a debit. C will not receive a net credit, but will receive an offset of previous ID Net debits with ID Net credits) and the same for its collateral monitor which is increased only up to the amount it was debited for ID Net transactions (absent its participation in the ID Net service, B would have received a $3 credit to the collateral monitor which equals the net of the $30 credit and the collateral value of the securities $27 ($30 market value less a 10% haircut)). In this case, B would only receive a collateral credit of $2, but the ID Net credit balance of $1 will be registered to absorb future ID Net receives that have a collateral deficiency. If C was at its net debit cap or collateral monitor limit due to other receives, the ID Net transaction would recycle or pend in the system until the deficiency could be satisfied or until 11:30 am, when it would drop out of ID Net. 7. NSCC Clearing Fund Offset and Mark-to-Market ID Net Service transactions will be used to offset the balance of any other CNS transactions and the “net” of those transactions will be used for purposes of determining NSCC Clearing Fund obligations pursuant to NSCC's current procedures with a revised mark-to-market calculation applicable to ID Net Firms. The revised mark-to-market calculation for ID Net Firms will be based on
(x)the current CNS mark-to-market component (which will exclude ID Net transactions) and
(y)a mark-to-market component calculated with respect to ID Net Service-related positions. However, any positive value derived from either
(x)or
(y)will be set to zero. 9 9 Similar to the existing CNS mark-to-market component, the new ID Net Service mark-to-market component applicable to ID Net Service transactions will equal the net of each day's difference between the contract price of the Member's net positions relating to ID Net Service activity and the current market price for such positions. For example, if an ID Net Firm has a “regular” mark-to-market debit of $500,000 and an ID Net Service mark-to-market debit of $100,000, then these debits would be added together and the ID Net Firm's total mark-to-market obligation would equal a debit of $600,000. However, if that same ID Net Firm's ID Net mark-to-market calculation results in a credit of $100,000, then the value of that credit would be set to zero, and therefore the total mark-to-market would equal a debit $500,000 ( *i.e.* , the amount of the broker's regular mark-to-market debit). 8. Prioritization In order to reduce the potential number and value of fails in the ID Net Service, deliveries from CNS to the ID Netting Subscriber Receive Account will be given a higher delivery priority pursuant to the allocation algorithm set forth in NSCC's Procedure VII (CNS Accounting Operation) than other CNS deliveries with the exception of buy-in deliveries, corporate action deliveries, and deliveries of component securities of index receipts. 10 NSCC is also modifying this Procedure to clarify that deliveries of the component securities for index receipts shall have the same priority as deliveries to the ID Netting Subscriber Receive Account. 10 Currently, institutional deliveries processed through the DTC system from ID Net Firms to banks may be prioritized by ID Net Firms through IMS and/or through exempting their deliveries to CNS in order to ensure that available inventory will be used for such deliveries. Including transactions in the proposed service allows for the “automation” of such prioritization through the CNS Accounting Operation. Any ID Net transactions that cannot be completed will be exited from the ID Net Service and instead will settle trade-for-trade between the ID Net Firm and the ID Net Bank (the original counterparties) at DTC. 9. DTC Fees ID Net Banks and ID Net Firms will be charged a reduced DTC ID Net Service fee of $0.025 for each completed delivery and receive processed versus the ID delivery or receive fee of $0.05. For deliveries that are exited from the ID Net Service, there will not be a “drop” fee charged. For ID Net Service deliveries cancelled by ID Net Firms from the ID Netting Subscriber Receive Account, the $0.45 “pend cancel” fee will be charged. For ID Net Service deliveries to and from CNS on behalf of the ID Net Firms, no fee will be charged. 10. NSCC Rulebook Changes Under the proposed rule change, a new Rule 65 and Procedure XVI (both titled “ID Net Service”) will be added to NSCC's Rules, and additional conforming changes will be made elsewhere throughout NSCC's Rules to provide consistency with the new Rule 65. These additional changes include the following.
(a)Rule 3 (Lists To Be Maintained) A subsection will be added to Rule 3 to provide that NSCC will maintain a list of Eligible ID Net Securities and may from time to time add or delete applicable CNS Securities from the list.
(b)Procedure VII (CNS Accounting Operation) Procedure VII will be revised to incorporate the processing of transactions in Eligible ID Net Securities into the CNS Accounting Operation. The revisions will also reflect:
(i)That Members will not be able to exempt deliveries from an ID Netting Subscriber Account,
(ii)the prioritization of ID Net Service deliveries and deliveries of the component securities of index receipts in the CNS allocation algorithm behind deliveries associated with reorganizations and buy-ins, and
(iii)that ID Net Service transactions will be recorded on the Miscellaneous Activity Report on the night of T+2 and removals of such transactions from the ID Net Service will also be recorded on that report.
(c)Procedure XV (Clearing Fund Formula and Other Matters) Procedure XV will be revised to indicate the exclusion of ID Net Service transactions from the ID offset process for the purposes of calculating the volatility component of a subscriber's Clearing Fund requirement. In addition language will be revised and added with respect to the calculation of mark-to-market to reflect the changes to the formula as described above. DTC and NSCC believe that the proposed rule changes are consistent with the requirements of Section 17A of the Act 11 and the rules and regulations thereunder applicable to DTC and NSCC in that they promote the prompt and accurate clearance and settlement of securities transactions by leveraging the capabilities of the DTC and NSCC systems to provide for more streamlined securities deliveries and extend netting benefits and efficiencies to ID transactions. 11 15 U.S.C. 78q-1. B. Self-Regulatory Organization's Statement on Burden on Competition DTC and NSCC do not believe that the proposed rule changes would have any impact or impose any burden on competition. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others Written comments have not been solicited with respect to the proposed rule change, and none have been received. DTC and NSCC will notify the Commission of any written comments they receive. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within thirty-five days of the date of publication of this notice in the **Federal Register** or within such longer period
(i)as the Commission may designate up to ninety days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or
(ii)as to which the self-regulatory organization consents, the Commission will:
(A)By order approve such proposed rule change, or
(B)Institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change, as amended, is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Numbers SR-DTC-2007-14 and SR-NSCC-2007-14 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Numbers SR-DTC-2007-14 and SR-NSCC-2007-14. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Section, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 am and 3 pm. Copies of such filings also will be available for inspection and copying at the principal offices of DTC and NSCC and on DTC's Web site at *http://www.dtcc.com/downloads/legal/rule_filings/2007/dtc/2007-14.pdf* and on NSCC's Web site at *http://www.dtcc.com/downloads/legal/rule_filings/2007/nscc/2007-14.pdf* . All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Numbers SR-DTC-2007-14 and SR-NSCC-2007-14 and should be submitted on or before April 23, 2008. For the Commission by the Division of Trading and Markets, pursuant to delegated authority. 12 12 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E8-6808 Filed 4-1-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57577, File No. SR-MSRB-2007-06] Self-Regulatory Organizations; Municipal Securities Rulemaking Board; Notice of Filing of Amendment Nos. 1 and 2 and Order Granting Accelerated Approval of Proposed Rule Change as Modified by Amendment Nos. 1 and 2 Thereto Relating to an Amendment to the Municipal Securities Information Library® System To Establish a Pilot System for Consolidated Dissemination of Disclosure Documents and Related Information Through an Internet-Based Public Access Portal March 28, 2008. I. Introduction On November 15, 2007, the Municipal Securities Rulemaking Board (“MSRB” or “Board”), filed with the Securities and Exchange Commission (“Commission”), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”), 1 and Rule 19b-4 thereunder, 2 a proposed rule change to establish a pilot system (the “pilot portal”) for the consolidated dissemination, through an Internet-based public access portal, of disclosure documents and related information that the MSRB currently receives through its existing facilities. The proposed rule change was published for comment in the **Federal Register** on December 28, 2007. 3 The Commission directly received one comment letter regarding the proposal. 4 On January 30, 2008, the MSRB filed Amendment No. 1 to the proposal. 5 On March 7, 2008, the MSRB filed Amendment No. 2 to the proposal. 6 The text of Amendment Nos. 1 and 2 is available on the MSRB's Web site ( *http://www.msrb.org* ), at the MSRB's principal office, and at the Commission's Public Reference Room. This order provides notice of the proposed rule change as modified by Amendment Nos. 1 and 2 and approves the proposed rule change as amended on an accelerated basis. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 *See* Securities Exchange Act Release No. 57004 (December 20, 2007), 72 FR 73941 (December 28, 2007) (“Commission's Notice”). 4 *See* letter from Peter J. Schmitt, CEO, DPC DATA Inc. (“DPC DATA”), dated January 23, 2008. The MSRB forwarded to the Commission a comment letter it received on this rule filing. *See supra* note 5. The Commission considered both comment letters. 5 In Amendment No. 1, the MSRB stated that “the pilot portal would be established and operated pending establishment of a permanent Internet-based public access system to be known as the Electronic Municipal Market Access system (“EMMA”),” and amended Exhibit 2 of the proposed rule change by submitting a comment letter about the proposed rule received by the MSRB from Philip Moyer, CEO, EDGAR Online, Inc. (“EDGAR Online”), to Ernesto A. Lanza, Senior Associate General Counsel, MSRB, dated December 17, 2007. The Commission notes that a proposal to establish any permanent system would be required to be submitted to the Commission for Commission consideration as a proposed rule change pursuant to Section 19(b) of the Act. 6 In Amendment No. 2, the MSRB partially amended the text of the proposed rule change to clarify that the pilot portal would be implemented as a service of EMMA as a pilot facility within the MSIL system. In addition, the MSRB discusses the comment letter included in Amendment No. 1 (the EDGAR Online letter), together with the comment letter received by the Commission in response to the Commission's Notice (the DPC DATA Inc. letter). Finally, Amendment No. 2 requests that the Commission approve an operational date for the pilot portal of March 31, 2008. II. Description of the Proposal MSRB Rule G-36 requires that a broker, dealer or municipal securities dealer that acts as managing or sole underwriter for most primary offerings of municipal securities send the official statement (“OS”) and Form G-36(OS) to the Municipal Securities Information Library® or “MSIL” system. 7 In addition, if the offering is an advance refunding and an escrow deposit agreement or other advance refunding document (“ARD”) has been prepared, the ARD and Form G-36(ARD) also must be sent to the MSIL system by the managing or sole underwriter. OSs and ARDs collected by the MSIL system currently are made available in paper form, subject to copying charges, at the MSRB's public access facility in Alexandria, Virginia, and electronically by paid subscription on a daily over-night basis and by purchase of annual back-log collections. 7 Municipal Securities Information Library and MSIL are registered trademarks of the MSRB. The MSIL system's OS/ARD system was initially approved by the Commission in 1991 and amended in 2001 to establish the current optional electronic submission system. *See* Securities Exchange Act Release No. 29298 (June 13, 1991), 56 FR 28194 (June 19, 1991) (SR-MSRB-1990-2); Securities Exchange Act Release No. 44458 (June 20, 2001), 66 FR 34495 (June 28, 2001) (SR-MSRB-2001-03). The proposed rule change would establish, on a pilot basis, an Internet-based public access portal to provide free access to OSs and ARDs received by the MSRB under Rule G-36. Copies of all such OSs and ARDs received by the MSRB on or after implementation of the pilot portal will be made available to the public as portable document format
(PDF)files for viewing, printing and downloading at the pilot portal promptly after acceptance and processing, and will remain publicly available for the life of the municipal securities. The pilot portal will provide on-line search functions utilizing the MSIL system computer to ensure that users of the pilot portal are able to readily identify and access documents that relate to specific municipal securities based on a broad range of search parameters. The pilot portal will be designed to provide a user searching for a particular municipal security with a comprehensive display of relevant information concerning such security available from the MSRB's various information systems on a single screen or related set of screens. The pilot portal will provide basic identifying information for the security, direct access to the OS submitted by the underwriter to the MSIL system, price information from the MSRB's Real-Time Transaction Reporting System (“RTRS”) for the most recent trades in such security (as well as historical price information), and, if the security has been advance refunded by a refunding issue, any ARDs submitted by the underwriter to the MSIL system in connection with such advance refunding. The proposed rule change consists of an amendment to the MSRB's existing Official Statement and Advance Refunding Document (OS/ARD) system of the MSIL system, under which the MSRB proposes to establish and operate the pilot portal while it develops a proposal to establish a permanent Internet-based public access system (the “permanent system”). 8 The MSRB requests approval of the pilot portal for a period of one year from the date it becomes operational, subject to earlier termination upon Commission consideration and approval, pursuant to Section 19(b) of the Act, of a permanent system. The pilot portal would operate for a limited period of time for electronic submissions of all OSs and ARDs to the MSRB and free public access to such documents through a centralized Internet-based portal. 9 8 Proposed rule changes to establish a permanent system were not included by the MSRB in this filing regarding the pilot portal. The establishment of a permanent system would be considered by the Commission following a proposed rule change filing by the MSRB pursuant to Section 19(b) of the Act. 9 The MSRB has stated it is developing an “access equals delivery” standard for OS dissemination under Rule G-32, concerning disclosures in connection with new issues. Neither the “access equals delivery” standard nor any kind of permanent system were included by the MSRB in the filing subject to this order. Such issues would be considered by the Commission following a filing by the MSRB pursuant to Section 19(b) of the Act. The MSRB requests that the Commission find good cause, pursuant to Section 19(b)(2) of the Act, for approving Amendment Nos. 1 and 2 prior to the thirtieth day after publication of notice of filing of Amendment Nos. 1 and 2 in the **Federal Register** . The MSRB believes that the Commission has good cause for granting accelerated approval of Amendment Nos. 1 and 2 because the amendments do not substantively alter the original proposed rule change. A full description of the proposal is contained in the Commission's Notice. III. Summary of Comments and the MSRB's Response As previously noted, the MSRB received one comment letter from EDGAR Online relating to this proposed rule change, which it forwarded to the Commission. The Commission directly received one comment letter from DPC DATA regarding the proposed rule change. 10 In its comment letter, EDGAR Online strongly supported the MSRB's proposed rule change, stating that the proposed portal will encourage transparency in the municipal securities market and create a healthy ecosystem of information that will ultimately benefit both the investment community and the municipalities that seek access to public markets. Although EDGAR Online recommended that the Commission build a publicly accessible storage and dissemination system for all municipal filings, EDGAR Online strongly supported the MSRB's proposed rule change. 10 Comment letter submitted by Peter J. Schmitt, CEO of DPC DATA Inc., dated January 23, 2008, *http://www.sec.gov/comments/sr-msrb-2007-06/msrb200706-1.htm.* In commenting on this proposed rule change, DPC DATA, a Nationally Recognized Municipal Securities Information Repository (NRMSIR), expressed concerns about the proposed portal. 11 It stated that the MSRB's plans for its proposed MSIL-based Web portal go well beyond its organizational mandate as stated in Section 15B(b)(2)(C) of the Act. It indicated a belief that some of the proposed features, such as nine-digit CUSIP searches, are well in excess of those provided by the Commission's EDGAR system. Further, it expressed concern that “by providing value-added content and features on its proposed Web portal, the MSRB will not only effectively take over the business of providing value-added content to commercial firms, but it will fund this activity with fees collected from broker/dealers.” DPC DATA urged the Commission to restrain the MSRB from offering what it viewed as value-added content and features that, in its view, will necessarily inflict economic harm on existing data vendors, and inflict the harm unevenly. 11 DPC Data also expressed a number of concerns about other aspects of the MSRB's plans for the EMMA system, such as the inclusion of continuing disclosure documents, that are not the subject of this proposed rule change. Only the comments about the subject of this proposed rule change are discussed in this order. In Amendment No. 2, the MSRB stated that it has carefully reviewed the statements made by EDGAR Online and DPC DATA and continues to believe that the proposal is consistent with its statutory mandate under the Act. The MSRB concluded that developing the pilot portal through the adaptation and upgrading of existing internal MSRB systems—including but not limited to the MSIL system, the Real-Time Transaction Reporting System, and the MSRB's in-house access control systems—combined with the creation of a custom user interface designed for use by retail investors, is the most prudent and efficient manner of achieving the MSRB's goal of ensuring equal access for all market participants to the critical disclosure information needed by investors in the municipal securities market. In addition, the MSRB continues to believe that the proposal, including the functionalities thereof, will not impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. The MSRB represented that documents and information provided through the portal will be available to all persons on an equal basis. The MSRB also stated in Amendment No. 2 that it will continue to make the full collection of documents available by subscription on an equal basis without imposing restrictions on subscribers from re-disseminating such documents or from otherwise offering value-added services and products based on such documents on terms determined by each subscriber. The MSRB believes that any incidental impact on commercial enterprises would not create an unequal burden among such enterprises. The MSRB also believes that the experience of private enterprises involved in the dissemination of EDGAR materials and related value-added services, such as those described by EDGAR Online, supports the MSRB's conclusion that EMMA will not have an inappropriate impact on the marketplace for such services and in fact may very well promote further growth and innovation in this area. The MSRB believes that EMMA's functionalities further its core mission by modernizing the dissemination of documents and are needed for the purposes for which the pilot portal is being created, and that such functionalities are not inconsistent with any statutory limitations placed on MSRB activities. The MSRB believes that none of these functionalities constitute value-added services that compete inappropriately with the private sector. Rather, the MSRB believes that these functionalities are critical for EMMA's operation as an assured, free centralized source of information for retail investors that provides investors with the necessary tools to find the information for which they are searching and to understand such information once it is found. IV. Commission Discussion of Comments and the MSRB's Responses In its evaluation of the proposed rule changes and the MSRB's responses to the comments received by the Commission, the Commission has carefully considered DPC DATA's and EDGAR Online's comments. In its evaluation of DPC DATA's comments, the Commission has particularly noted DPC DATA's statement that the proposed pilot portal and the MSRB's planned permanent system 12 should not compete with vendors in offering value-added features and services related to the handling of disclosure documents and that the proposed rule change would impose an unequal burden on competition. 12 Again, the Commission notes that the proposed rule change before it concerns only the pilot portal proposed to be implemented within MSIL. Accordingly, the specific features of any permanent system to be proposed by the MSRB would be subject to Commission review, including notice and comment pursuant to Section 19(b), at such time as the MSRB files it as a proposed rule change. Section 15B(b)(2)(C) of the Act requires that, before approving Board rules, the Commission find that the proposed rules do not impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. Pursuant to current MSRB Rule G-36, which was approved 13 by the Commission after notice and comment pursuant to Section 19(b) of the Act, and as a result of the establishment of the MSIL system, also approved 14 by the Commission after notice and comment pursuant to Section 19(b), the MSRB has collected and disseminated official statements, advance refunding documents, and associated indexing information for many years. OSs and ARDs collected by the MSIL system currently are made available in paper form, subject to copying charges, at the MSRB's public access facility in Alexandria, Virginia, and electronically by paid subscription on a daily over-night basis and by purchase of annual back-log collections. By making use of the Internet for access to OSs and ARDs, the pilot portal would modernize the method of delivery of such documents to investors and others, and make them more readily accessible by investors and others, but not alter the availability of such documents to commercial vendors or their ability to disseminate such information, together with whatever value-added products they may wish to provide. 13 Securities Exchange Act Release No. 28081 (June 1, 1990), 55 FR 23333 (June 7, 1990) (SR-MSRB-89-9). 14 Securities Exchange Act Release No. 29298 (June 13, 1991), 56 FR 28194 (June 19, 1991) (SR-MSRB-90-2). The MSRB has proposed for the pilot portal to provide on-line search functions utilizing its existing MSIL system computer index to ensure that users of the pilot portal are able to readily identify and access documents that relate to specific municipal securities based on a broad range of search parameters. The Commission includes a variety of search methods in its EDGAR system and believes that a search function is an important component of an information system, such as the pilot portal, because without it users could have significant difficulty accessing all the documents and navigating the system. As noted above, the pilot portal would also integrate information from the MSRB's RTRS into the pilot system, and thereby provide price information for the most recent trades in a security (as well as historical price information), and, if the security has been advance refunded by a refunding issue, provide any ARDs submitted by the underwriter to the MSIL system in connection with such advance refunding. The MSRB imposes no restrictions on the redissemination of RTRS data. As a result, the Commission does not view the inclusion of RTRS information in the pilot portal to significantly alter the current competitive situation for information vendors, who may obtain this information and provide associated value-added products if they desire to do so. The MSRB has stated that documents provided through the pilot portal will be available to all persons on an equal basis and that the MSRB will continue to make the full collection of documents available by subscription on an equal basis without imposing restrictions on subscribers from re-disseminating such documents or from otherwise offering value-added service and products 15 based on such documents on terms determined by each subscriber. For all of these reasons, the Commission believes that the proposed rule change does not impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. 15 The Commission notes that information vendors were able to provide value-added services with regard to the information obtained from EDGAR. The Commission does not believe the proposal exceeds the Board's authority under Section 15B of the Act. As the Commission stated in its release approving Rule G-36, 16 Section 15B(b)(2)(C) is a broad grant of authority to the Board to, among other purposes, remove impediments to and perfect the mechanism of a free and open market in municipal securities, and, in general, to protect investors and the public interest. 17 It is important for market professionals and investors to have access to complete and timely descriptive information about municipal securities and municipal securities issuers. The pilot portal should enhance access to information about new offerings of municipal securities. The Commission believes that the information contained in official statements and advance refunding documents is valuable to investors and should be widely available. Investors in municipal securities, municipal analysts, investment advisors, and the broker-dealers who effect transactions in the municipal market would benefit from easier access to current OSs and ARDs. The Commission also believes that the proposed rule change does not implicate Section 15B(d)(2) of the Act, commonly known as the Tower Amendment, because it imposes no requirements, directly or indirectly, on issuers—it instead enhances access to information already being provided by the MSRB. Further, the Commission believes that establishment of the pilot portal should help prevent fraudulent and manipulative acts and practices and protect investors and the public interest by enhancing the availability of disclosure information contained in OSs and ARDs. 16 Securities Exchange Act Release No. 28081 (June 1, 1990), 55 FR 23333 (June 7, 1990) (SR-MSRB-89-9). 17 15 U.S.C. 78o-4(b)(2)(C). V. Commission's Findings and Order Granting Accelerated Approval of Proposed Rule Change The Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to the MSRB 18 and, in particular, the requirements of Section 15B(b)(2)(C) of the Act 19 and the rules and regulations thereunder. Section 15B(b)(2)(C) of the Act requires, among other things, that the MSRB's rules be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in municipal securities, to remove impediments to and perfect the mechanism of a free and open market in municipal securities, and, in general, to protect investors and the public interest. 20 18 In approving this rule the Commission notes that it has considered the proposed rule's impact on efficiency, competition and capital formation. 15 U.S.C. 78c(f). 19 15 U.S.C. 78o-4(b)(2)(C). 20 *Id.* In particular, the Commission finds that the pilot facility will remove impediments to and help perfect the mechanisms of a free and open market in municipal securities, assist in preventing fraudulent and manipulative acts and practices, and will in general promote investor protection and the public interest by improving access for all market participants to the critical disclosure information needed by investors in the municipal securities market. The Commission also finds good cause to approve Amendment Nos. 1 and 2 to the proposed rule change prior to the thirtieth day after the date of publication of notice of filing of the amendments in the **Federal Register** . The proposed rule change was published in the **Federal Register** on December 28, 2007. 21 Amendment Nos. 1 and 2 do not substantively change the proposal as published in the **Federal Register** . The amendments included a comment letter on this proposal filed with the MSRB, responded to the comment letter filed with the MSRB and the comment letter filed with the Commission, provided a name for the public access portal and requested a delayed operational date for the pilot facility. The Commission finds that it is in the public interest to approve the proposed rule change as soon as possible to expedite its implementation. 21 *See supra* note 3. Accordingly, the Commission believes good cause exists, consistent with Sections 15B(b)(2)(C) and 19(b) of the Act, 22 to approve Amendment Nos. 1 and 2 to the proposed rule change on an accelerated basis. The Commission approves an operational date for the pilot portal of March 31, 2008, as requested by the MSRB. 22 15 U.S.C. 78o-4(b)(2)(C), and 78s(b). VI. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number SR-MSRB-2007-06 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-MSRB-2007-06. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml)* . Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the MSRB. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-MSRB-2007-06 and should be submitted on or before April 23, 2008. VII. Conclusion On the basis of the foregoing, the Commission finds that the proposed rule change is consistent with the requirements of the Act and in particular Section 15B(b)(2)(C) of the Act and the rules and regulations thereunder. *It is therefore ordered,* pursuant to Section 19(b)(2) of the Act, 23 that the proposed rule change (SR-MSRB-2007-06), as modified by Amendment Nos. 1 and 2, be, and it hereby is, approved on an accelerated basis from March 31, 2008 to March 31, 2009, subject to earlier termination upon Commission consideration and approval, pursuant to Section 19(b) of the Act, of a permanent system. 23 15 U.S.C. 78s(b)(2). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 24 24 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E8-6837 Filed 4-1-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57574; File No. SR-NSX-2008-08] Self-Regulatory Organizations; National Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Extend the Effective Period for Rule 2.12, Regarding Third-Party Routing Services in Respect of Orders Entered into NSX BLADE March 27, 2008. Pursuant to Section 19(b)(3)(A) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on March 24, 2008, the National Stock Exchange, Inc. (“NSX” or “Exchange”), filed with the Securities and Exchange Commission (“Commission”) the proposed rule change, as described in Items I and II below, which Items have been prepared by the Exchange. The Exchange filed the proposal as a “non-controversial” proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act 3 and Rule 19b-4(f)(6) thereunder. 4 The Commission is publishing this notice to solicit comment on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A)(iii). 4 17 CFR 240.19b-4(f)(6). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange is proposing to extend the effective period for Rule 2.12, which describes the terms under which the Exchange provides routing services procured from a third party with respect to orders entered into its trading system, NSX BLADE. The Exchange is also proposing to extend the delay in effectiveness of Rule 2.11, which relates to the outbound routing function of the Exchange's affiliate, NSX Securities, LLC (“NSX Securities”). The text of the proposed rule change is available on the Exchange's Web site at *http://www.nsx.com,* at the principal office of the Exchange, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant parts of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange is proposing to amend Exchange Rules 2.11 and 2.12 to extend the effective period for Rule 2.12 (relating to the Exchange's use of a third party to provide outbound routing of orders from the Exchange to other trading centers (“Routing Services”)) through September 30, 2008, and to delay the effectiveness of Rule 2.11 (relating to the outbound routing function of the Exchange's affiliate, NSX Securities) until October 1, 2008. Rule 2.11 provides for certain terms and conditions under which NSX Securities, an affiliate of the Exchange, will provide Routing Services. Rule 2.11 was approved by the Commission in connection with the approval of the Exchange's new trading rules relating to NSX BLADE on August 31, 2006. 5 The Exchange filed and received approval for the addition of Rule 2.12, which provides for terms and conditions of the Exchange's use of a third party to provide Routing Services. 6 The Exchange subsequently filed to extend the effective period for Rule 2.12. 7 5 *See* Securities Exchange Act Release No. 54391, 71 FR 52836 (September 7, 2006) (SR-NSX-2006-08). 6 *See* Securities Exchange Act Release No. 54808 (November 21, 2006), 71 FR 69163 (November 29, 2006) (SR-NSX-2006-15) 7 *See* Securities Exchange Act Release Nos. 55624 (April 12, 2007), 72 FR 19732 (April 19, 2007) (SR NSX 2007-04); 56067 (July 13, 2007), 72 FR 39650 (July 19, 2007) (SR-NSX-2007-08); and 56587 (October 1, 2007), 72 FR 57087 (October 5, 2007) (SR-NSX-2007-10). Rule 2.12 currently is effective through March 31, 2008, with Rule 2.11 becoming effective on April 1, 2008. In connection with the rule filing adding Rule 2.12, 8 the Exchange requested this finite period of effectiveness so that the Exchange could offer routing services through NSX BLADE while NSX Securities completed its registration process as a broker-dealer with the National Association of Securities Dealers, Inc. (and thus became available to provide routing services), 9 and while the Exchange evaluated its options for providing routing services to ETP Holders. 8 *See* Securities Exchange Act Release No. 54808 (November 21, 2006), 71 FR 69163 (November 29, 2006) (SR-NSX-2006-15). 9 In January 2007, NSX Securities' application for registration as a broker-dealer was approved by the National Association of Securities Dealers, Inc. To date, the Exchange has not used NSX Securities for routing services. In the instant rule filing, the Exchange is proposing to extend the effectiveness of Rule 2.12 through September 30, 2008, 10 and to delay the effectiveness of Rule 2.11 until October 1, 2008, in order to allow the Exchange more time to evaluate its options for providing routing services to ETP Holders and make any system changes, if necessary. The ability to route orders entered into NSX BLADE to away markets for execution at the best available prices is a key feature of NSX's new system. 10 The Exchange is requesting an additional six month extension as an outer time limit so as to limit the need for any further extensions. The Exchange intends to provide routing services in accordance with Rule 2.12 until September 30, 2008, unless the Exchange, with the Commission's approval, amends Rule 2.12 before such date. During such time period, the Exchange intends to evaluate its options for providing routing services and make any necessary system changes. At the conclusion of such time period, the Exchange may decide to
(i)Continue the approach provided for in Rule 2.12 on a permanent basis, and not use NSX Securities as the outbound router (by filing a proposed rule change to delete Rule 2.11 and renumbering Rule 2.12);
(ii)use the Exchange's original approach of NSX Securities as an outbound router and discontinue the approach provided for in Rule 2.12 (by filing a proposed rule change to delete Rule 2.12); or
(iii)file a proposed rule change to allow ETP Holders to use either NSX Securities or the approach provided for in proposed Rule 2.12 for outbound routing. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with the provisions of Section 6(b) of the Act, 11 in general, and Section 6(b)(5) of the Act, 12 in particular, which requires, among other things, that the rules of an exchange be designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. 11 15 U.S.C. 78f(b). 12 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any inappropriate burden on competition. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others The Exchange has neither solicited nor received written comments on the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing rule does not
(i)Significantly affect the protection of investors or the public interest;
(ii)impose any significant burden on competition; and
(iii)become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest, provided that the self-regulatory organization has given the Commission written notice of its intent to file the proposed rule change at least five business days prior to the date of filing of the proposed rule change or such shorter time as designated by the Commission, 13 the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 14 and Rule 19b-4(f)(6) thereunder. 15 At any time within 60 days of the filing of such proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. 13 NSX fulfilled this requirement. 14 15 U.S.C. 78s(b)(3)(A). 15 17 CFR 240.19b-4(f)(6). Under Rule 19b-4(f)(6) of the Act, 16 the proposal does not become operative for 30 days after the date of its filing, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest. The Exchange has requested that the Commission waive the 30-day operative delay, so that the proposal may take effect upon filing, which will allow Rule 2.12 to remain in effect, and the effectiveness of Rule 2.11 to continue to be delayed, without interruption. The Commission believes that the proposal raises no new issues and that waiver of the 30-day operative delay is consistent with the protection of investors and the public interest. Accordingly, the Commission hereby waives the 30-day operative delay so that the proposal may take effect upon filing. 17 16 *Id* . 17 For purposes only of waiving the 30-day operative delay of this proposal, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov* . Please include File Number SR-NSX-2008-08 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NSX-2008-08. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the NSX. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NSX-2008-08 and should be submitted on or before April 23, 2008. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 18 18 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E8-6776 Filed 4-1-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57567; File No. SR-Phlx-2008-25] Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the Implementation of Phase II of the Penny Pilot Program March 26, 2008. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”), 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on March 20, 2008, the Philadelphia Stock Exchange, Inc. (“Phlx” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by the Phlx. The Exchange has designated this proposal as one constituting a stated policy, practice, or interpretation with respect to the meaning, administration, or enforcement of an existing rule under Section 19(b)(3)(A)(i) of the Act 3 and Rule 19b-4(f)(1) thereunder, 4 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A)(i). 4 17 CFR 240.19b-4(f)(1). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Phlx proposes to implement Phase II of a pilot program (the “pilot”) that permits certain options series to be quoted and traded in increments of $0.01. Phase II will include all options included in the current pilot, together with additional options, as described more fully below. Phase II of the pilot (“Phase II”) will extend through March 27, 2009. The text of the proposed rule change is available on the Exchange's Web site ( *http://www.Phlx.com/exchange/phlx-rule-fil.htm* ), at the Phlx, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Phlx included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Phlx has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of the proposed rule change is to implement Phase II of the pilot. The Exchange believes that including additional options to the pilot should provide greater breadth and depth of experience in quoting and trading options series in increments of $0.01, and should therefore enable the Exchange and the Commission to better analyze the impact of the pilot on the options marketplace. All series in options included in the pilot trading at a price of less than $3.00 are currently quoted and traded in minimum increments of $0.01, and pilot options with a price of $3.00 or higher are currently quoted and traded in minimum increments of $0.05, except that options overlying the PowerShares QQQ Trust (“QQQQ”) are quoted and traded in minimum increments of $0.01 for all series regardless of the price. The pilot began on January 26, 2007, 5 was thereafter extended through September 27, 2007, 6 and was then extended and expanded to include additional options. 7 Phase I of the expansion, which began on September 28, 2007, added 22 options that are among the most actively traded, multiply-listed options based on average daily volume, and together with the original 13 options in the initial pilot, represented approximately 35% of the total industry volume. A list of all pilot options was communicated to membership via Exchange circular for the initial pilot and for Phase I. 5 *See* Securities Exchange Act Release No. 55153 (January 23, 2007), 72 FR 4553 (January 31, 2007) (SR-Phlx-2006-74). In that filing, the Exchange also made conforming amendments to various Exchange rules in order to be consistent with the pilot. 6 *See* Securities Exchange Act Release No. 56141 (July 24, 2007), 72 FR 42216 (August 1, 2007) (SR-Phlx-2007-53). 7 *See* Securities Exchange Act Release No. 56563 (September 27, 2007), 72 FR 56429 (October 3, 2007) (SR-Phlx-2007-62). The Exchange now proposes to implement Phase II of the expansion. Phase II will begin March 28, 2008, and will extend for one year, through March 27, 2009. Phase II will add 28 options to the pilot, bringing the total number of options included in the pilot to 63. An Exchange Circular, attached as Exhibit 2 to the proposed rule change, identifies these additional underlying securities. 8 8 8 The Exchange Circular attached as Exhibit 2 to the proposal contained an inaccurate date. The Exchange has represented that it will correct this inaccuracy before the Exchange Circular is circulated. Telephone conversation between Richard Rudolph, Vice President and Counsel, Phlx, and Jennifer Colihan, Special Counsel, Division of Trading and Markets, Commission, on March 26, 2008. Again, all penny options in Phase II will trade in $0.01 increments in series trading below $3.00, and in $0.05 increments in series trading at $3.00 and above. Options on QQQQ will continue to trade in increments of $0.01 for all series. 2. Statutory Basis The Exchange believes that its proposal is consistent with Section 6(b) of the Act 9 in general, and furthers the objectives of Section 6(b)(5) of the Act, 10 in particular, in that it is designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest, by expanding the pilot to include more options series. 9 15 U.S.C. 78f(b). 10 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others No written comments were either solicited or received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The proposed rule change has become effective pursuant to Section 19(b)(3)(A)(i) of the Act 11 and Rule 19b-4(f)(1) thereunder, 12 because it constitutes a stated policy, practice, or interpretation with respect to the meaning, administration, or enforcement of an existing rule. 11 15 U.S.C. 78s(b)(3)(A)(i). 12 17 CFR 240.19b-4(f)(1). At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. 13 13 *See* 15 U.S.C. 78s(b)(3)(C). IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number SR-Phlx-2008-25 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-Phlx-2008-25. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Phlx. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-Phlx-2008-25 and should be submitted on or before April 23, 2008. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 14 14 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E8-6732 Filed 4-1-08; 8:45 am] BILLING CODE 8011-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration # 11200 and # 11201] Florida Disaster # FL-00031 AGENCY: U.S. Small Business Administration. ACTION: Notice. SUMMARY: This is a notice of an Administrative declaration of a disaster for the State of Florida dated 03/26/2008. *Incident:* Tornado. *Incident Period:* 03/07/2008. *Effective Date:* 03/26/2008. *Physical Loan Application Deadline Date:* 05/27/2008. *Economic Injury
(EIDL)Loan Application Deadline Date:* 12/26/2008. Addresses: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the Administrator's disaster declaration, applications for disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: *Primary Counties:* Columbia. *Contiguous Counties:* Florida: Alachua, Baker, Gilchrist, Hamilton, Suwannee, Union. Georgia: Clinch, Echols. *The Interest Rates Are:* Homeowners with credit available elsewhere: 5.500. *Homeowners without credit available elsewhere:* 2.750. *Businesses with credit available elsewhere:* 8.000. Businesses & small agricultural cooperatives without credit available elsewhere: 4.000. Other (including non-profit organizations) with credit available elsewhere: 5.250. Businesses and non-profit organizations without credit available elsewhere: 4.000. The number assigned to this disaster for physical damage is 11200 C and for economic injury is 11201 0. The States which received an EIDL Declaration # are Florida, Georgia. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Dated: March 26, 2008. Steven C. Preston, Administrator. [FR Doc. E8-6826 Filed 4-1-08; 8:45 am] BILLING CODE 8025-01-P DEPARTMENT OF STATE [PUBLIC NOTICE 6165] Culturally Significant Objects Imported for Exhibition; Determinations: “Muraqqa': IMPERIAL MUGHAL ALBUMS From the Chester Beatty Library, Dublin” SUMMARY: Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, *et seq.* ; 22 U.S.C. 6501 note, *et seq.* ), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects in the exhibition: “Muraqqa': Imperial Mughal Albums from the Chester Beatty Library, Dublin,” imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to a loan agreement with the foreign owner or custodian. I also determine that the exhibition or display of the exhibit objects at the Arthur M. Sackler Gallery, Smithsonian Institution, Washington, DC, from on or about May 3, 2008, until on or about August 3, 2008; Detroit Institute of Arts, Detroit, MI, from on or about August 23, 2008, until on or about November 16, 2008; Honolulu Academy of Arts, Honolulu, HI, from on or about December 17, 2008, until on or about March 1, 2009; Nelson-Atkins Museum of Art, Kansas City, MO, from on or about March 21, 2009, until on or about June 14, 2009; Denver Art Museum, Denver, CO, from on or about July 4, 2009, until on or about September 27, 2009, and at possible additional exhibitions or venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the **Federal Register** . FOR FURTHER INFORMATION CONTACT: For further information, including a list of the exhibit objects, contact Julie Simpson, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State (telephone: (202-453-8050). The address is U.S. Department of State, SA-44, 301 4th Street, SW., Room 700, Washington, DC 20547-0001. Dated: March 26, 2008 C. Miller Crouch, Principal Deputy Assistant Secretary for Educational and Cultural Affairs, Department of State. [FR Doc. E8-6814 Filed 4-1-08; 8:45 am] BILLING CODE 4710-05-P DEPARTMENT OF STATE [Delegation of Authority No. 310] Delegation of Authority by the Deputy Secretary to the Under Secretary for Political Affairs and the Assistant Secretary for Consular Affairs of Authorities Under Section 306 of the Enhanced Border Security and Visa Entry Reform Act of 2002 By virtue of the authority vested in the Secretary of State, including Section 1 of the State Department Basic Authorities Act, as amended (22 U.S.C. 2651a), and delegated to the Deputy Secretary pursuant to Delegation of Authority 245 dated April 23, 2001, I hereby delegate to the Under Secretary for Political Affairs and to the Assistant Secretary for Consular Affairs the authority under Section 306 of the Enhanced Border Security and Visa Entry Reform Act of 2002 to determine, in consultation with the Attorney General and the heads of other appropriate United States agencies, that an alien who is a national of a designated state sponsor of international terrorism does not pose a threat to the safety or national security of the United States, under standards and procedures developed in consultation with the Attorney General and the heads of other appropriate United States agencies. Notwithstanding this delegation of authority, the Secretary or Deputy Secretary may exercise any function or authority delegated by this delegation of authority. Either officer to whom this authority is delegated may exercise the delegation. The authority delegated herein may not be re-delegated. This memorandum shall be published in the **Federal Register** . Dated: March 14, 2008. John D. Negroponte, Deputy Secretary, Department of State. [FR Doc. E8-6823 Filed 4-1-08; 8:45 am] BILLING CODE 4710-10-P TENNESSEE VALLEY AUTHORITY Meetings; Sunshine Act Agency Holding the Meeting: Tennessee Valley Authority (Meeting No. 08-02). Time and Date: 10 a.m. EDT, April 3, 2008; TVA West Tower Auditorium, 400 West Summit Hill Drive, Knoxville, Tennessee. Agenda Old Business Approval of minutes of February 15, 2008, Board Meeting. New Business 1. Chairman's Report. 2. President's Report. 3. Report of the Finance, Strategy, and Rates Committee. A. Customer issues. i. Renewal power supply contract for a directly-served customer. ii. Summer 2008 pilot products. 4. Report of the Operations, Environment, and Safety Committee. A. Specific capital expenditure project authorizations. i. Gleason combined cycle conversion. ii. Clean air project. B. Draft environmental policy presentation. 5. Report of the Human Resources Committee. 6. Report of the Community Relations Committee. A. Public auction of 35 acres, more or less, of property in Tishomingo County, Mississippi. B. Recreation easement of 10.7 acres, more or less, of property on Tellico Reservoir. C. Public recreation easement of 10 acres, more or less, of property on Tellico Reservoir. D. Land use requests for the town of Vonore and Monroe County. 7. Report of the Corporate Governance Committee. A. Bylaws. 8. Report of the Ad Hoc Committee on Energy Efficiency, Demand Response, and Renewable Energy. A. Draft Energy Efficiency and Demand Response plan presentation. B. Draft Renewable Energy plan presentation. For more information: Please call TVA Media Relations at
(865)632-6000, Knoxville, Tennessee. People who plan to attend the meeting and have special needs should call
(865)632-6000. Anyone who wishes to comment on any of the agenda in writing may send their comments to: TVA Board of Directors, Board Agenda Comments, 400 West Summit Hill Drive, Knoxville, Tennessee 37902. Dated: March 27, 2008. Maureen H. Dunn, General Counsel and Secretary. [FR Doc. E8-6780 Filed 4-1-08; 8:45 am] BILLING CODE 8120-08-P DEPARTMENT OF TRANSPORTATION Office of the Secretary Application of Air Molokai Nui, Inc. for Commuter Air Carrier Authorization AGENCY: Department of Transportation. ACTION: Notice of Order to Show Cause (Order 2008-3-26), Docket DOT-OST-2007-28724. SUMMARY: The Department of Transportation is directing all interested persons to show cause why it should not issue an order finding Air Molokai Nui, Inc., fit, willing, and able, and awarding it commuter air carrier authorization to engage in scheduled passenger air transportation as a commuter air carrier. DATES: Persons wishing to file objections should do so no later than April 9, 2008. ADDRESSES: Objections and answers to objections should be filed in Docket DOT-OST-2007-28724 and addressed to Docket Operations, (M-30, Room W12-140), U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590, and should be served upon the parties listed in Attachment A to the order. FOR FURTHER INFORMATION CONTACT: Ronle Taylor, Air Carrier Fitness Division (X-56, Room W86-464), U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590,
(202)366-9721. Dated: March 26, 2008. Michael W. Reynolds, Acting Assistant Secretary for Aviation and International Affairs. [FR Doc. E8-6807 Filed 4-1-08; 8:45 am] BILLING CODE 4910-01-P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Environmental Impact Statement: Seattle, WA AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Rescission of Notice of Intent, FR document 01-1508. SUMMARY: This notice rescinds the previous Notice of Intent issued on January 9, 2001, to prepare an environmental impacts statement
(EIS)for the proposed NE Novelty Hill transportation project in King County, Washington. FOR FURTHER INFORMATION CONTACT: Pete Jilek, Urban Area Engineer, Federal Highway Administration, 711 South Capitol Way, Suite 501, Olympia WA 98501, Telephone
(360)753-9550 and Ed Conyers, Washington State Department of Transportation, Local Programs Engineer for Northwest Region, P.O. Box 330310, 15700 Dayton Avenue, Seattle, WA 98133, Telephone
(206)440-4734. SUPPLEMENTARY INFORMATION: The FHWA, in cooperation with the Washington State Department of Transportation (WSDOT) and the King County Department of Transportation (KCDOT), issued a Notice of Intent on January 18, 2001 to prepare an EIS to evaluate the potential environmental impacts associated with the proposed NE Novelty Hill transportation improvement project to improve immediate and long-range transportation mobility of people and goods in the NE Novelty Hill Road corridor area. This corridor area is located west of 243rd Avenue NE to Avondale Road NE., south of NE 133rd Street to NE Union Hill Road in King County, Washington. The initial proposal included the consideration of four alternatives (three build alternatives and a no action alternative) for evaluation in the proposed EIS. Since then, refinement of the project elements and review and analysis in the completion of thirteen associated discipline reports helped to more specifically identify potential impacts, resulting in the elimination of two of the build alternatives with significant impacts. As such, the FHWA, WSDOT, and KCDOT have jointly decided that the project will likely not result in significant impacts to the environment and that an Environmental Assessment
(EA)is the most appropriate environmental document for compliance with the National Environmental Policy Act (NEPA). The EA will be circulated, as appropriate, once it is completed. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Research, Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation of Federal programs and activities apply to this program.) Authority: 23 U.S.C. 315; 40 CFR 1.48. Issued on: March 20, 2008. Pete Jilek, Urban Area Engineer, Federal Highway Administration, Olympia, Washington. [FR Doc. E8-6852 Filed 4-1-08; 8:45 am] BILLING CODE 4910-22-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Ex Parte No. 290 (Sub-No. 4)] Railroad Cost Recovery Procedures—Productivity Adjustment AGENCY: Surface Transportation Board, DOT. ACTION: Adoption of a railroad cost recovery procedures productivity adjustment. SUMMARY: In a decision served on February 22, 2008, we proposed to adopt 1.008 (0.8% per year) as the measure of average change in railroad productivity for the 2002-2006 (5-year) averaging period. This value was a decline of 0.9 of a percentage point from the current measure of 1.7% that was developed for the 2001-2005 period. That decision stated that comments may be filed addressing any perceived data and computational errors in our calculation. It also stated that, if there were no further action taken by the Board, the proposed productivity adjustment would become effective on March 17, 2008. On March 13, 2008, the Board received comments from both the Association of American Railroads and the Western Coal Traffic League. Both parties requested that the Board revisit the development of the output index calculation and make certain other clarifications. By a decision served on March 17, 2008, we postponed the effective date of the annual productivity adjustment. We have reviewed the calculations of the output index for 2006. During that review, we found inconsistencies in the weights associated with certain movements reported in the waybill sample data, and found that these inconsistencies caused a distortion in the resulting productivity calculation. This circumstance has been rectified and the Board is issuing modifications to its annual productivity decision. The Board's original calculation of the output index for 2006 of 0.994 should be modified to 1.018. We will adopt 1.013 (1.3% per year) as the measure of average change in railroad productivity for the 2002-2006 (5-year) averaging period. This value is a decline of 0.4 of a percentage point from the current measure of 1.7% that was developed for the 2001-2005 period. The proposed 5-year (2002-2006) productivity trend calculated using a geometric average is 1.012, or 1.2% per year. EFFECTIVE DATE: The productivity adjustment is effective March 28, 2008. FOR FURTHER INFORMATION CONTACT: Pedro Ramirez,
(202)245-0333. [Federal Information Relay Service
(FIRS)for the hearing impaired: 1-800-877-8339.] SUPPLEMENTARY INFORMATION: Additional information is contained in the Board's decision, which is available on our Web site *http://www.stb.dot.gov.* To purchase a copy of the full decision, write to, e-mail or call the Board's contractor, ASAP Document Solutions; 9332 Annapolis Rd., Suite 103, Lanham, MD 20706; e-mail *asapdc@verizon.net;* phone
(202)306-4004. [Assistance for the hearing impaired is available through FIRS: 1-800-877-8339.] This action will not significantly affect either the quality of the human environment or energy conservation. Pursuant to 5 U.S.C. 605(b), we conclude that our action will not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act. Decided: March 27, 2008. By the Board, Chairman Nottingham, Vice Chairman Mulvey, and Commissioner Buttrey. Anne K. Quinlan, Acting Secretary. [FR Doc. E8-6846 Filed 4-1-08; 8:45 am] BILLING CODE 4915-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service [IA-195-78] Proposed Collection; Comment Request for Regulation Project AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning an existing final regulation, IA-195-78 (TD 8426), Certain Returned Magazines, Paperbacks or Records (§ 1.458-1). DATES: Written comments should be received on or before June 2, 2008 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn Kirkland, Internal Revenue Service, room 6129, 1111 Constitution Avenue NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for copies of the regulation should be directed to Allan Hopkins, at
(202)622-6665, or at Internal Revenue Service, room 6129, 1111 Constitution Avenue NW., Washington, DC 20224, or through the internet, at *Allan.M.Hopkins@irs.gov.* SUPPLEMENTARY INFORMATION: *Title:* Certain Returned Magazines, Paperbacks, or Records. *OMB Number:* 1545-0879. *Regulation Project Number:* IA-195-78. *Abstract:* The regulations provide rules relating to an exclusion from gross income for certain returned merchandise. The regulations provide that in addition to physical return of the merchandise, a written statement listing certain information may constitute evidence of the return. Taxpayers who receive physical evidence of the return may, in lieu of retaining physical evidence, retain documentary evidence of the return. Taxpayers in the trade or business of selling magazines, paperbacks, or records, who elect a certain method of accounting, are affected. *Current Actions:* There is no change to this existing regulation. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Business or other for-profit organizations. *Estimated Number of Respondents:* 19,500. *Estimated Time per Respondent:* 25 minutes. *Estimated Total Annual Burden Hours:* 8,125 hours. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on:
(a)Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden of the collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected;
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and
(e)estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: March 20, 2008. Glenn Kirkland, IRS Reports Clearance Officer. [FR Doc. E8-6748 Filed 4-1-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service [PS-7-89] Proposed Collection; Comment Request for Regulation Project AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning an existing final regulation, PS-7-89 (TD 8684), Treatment of Gain From the Disposition of Interest in Certain Natural Resource Recapture Property by S Corporations and Their Shareholders (§ 1.1254-4). DATES: Written comments should be received on or before June 2, 2008 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn Kirkland, Internal Revenue Service, room 6129, 1111 Constitution Avenue NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection should be directed to Allan Hopkins, at
(202)622-6665, or at Internal Revenue Service, room 6129, 1111 Constitution Avenue NW., Washington, DC 20224, or through the Internet, at *Allan.M.Hopkins@irs.gov.* SUPPLEMENTARY INFORMATION: *Title:* Treatment of Gain From the Disposition of Interest in Certain Natural Resource Recapture Property by S Corporations and Their Shareholders. *OMB Number:* 1545-1493. *Regulation Project Number:* PS-7-89. *Abstract:* This regulation prescribes rules under Code section 1254 relating to the treatment by S corporations and their shareholders of gain from the disposition of natural resource recapture property and from the sale or exchange of S corporation stock. Section 1.1254-4(c)(2) of the regulation provides that gain recognized on the sale or exchange of S corporation stock is not treated as ordinary income if the shareholder attaches a statement to his or her return containing information establishing that the gain is not attributable to section 1254 costs. *Current Actions:* There is no change to this existing regulation. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Business or other for-profit organizations, and individuals. *Estimated Number of Respondents:* 1,000. *Estimated Time per Respondent:* 1 hour. *Estimated Total Annual Burden Hours:* 1,000. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on:
(a)Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden of the collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected;
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and
(e)estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: March 20, 2008. Glenn Kirkland, IRS Reports Clearance Officer. [FR Doc. E8-6749 Filed 4-1-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service [PS-7-90] Proposed Collection; Comment Request for Regulation Project AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning an existing final regulation, PS-7-90 (TD 8461), Nuclear Decommissioning Fund Qualification Requirements (§ 1.468A-3). DATES: Written comments should be received on or before June 2, 2008 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn Kirkland, Internal Revenue Service, room 6129, 1111 Constitution Avenue NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the regulation should be directed to Allan Hopkins, at
(202)622-6665, or at Internal Revenue Service, room 6129, 1111 Constitution Avenue NW., Washington, DC 20224, or through the Internet, at *Allan.M.Hopkins@irs.gov.* SUPPLEMENTARY INFORMATION: *Title:* Nuclear Decommissioning Fund Qualification Requirements. *OMB Number:* 1545-1269. *Regulation Project Number:* PS-7-90. *Abstract:* If a taxpayer requests, in connection with a request for a schedule of ruling amounts, a ruling as to the classification of certain unincorporated organizations, the taxpayer is required to submit a copy of the documents establishing or governing the organization. *Current Actions:* There is no change to this existing regulation. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Business or other for-profit organizations. *Estimated Number of Respondents:* 50. *Estimated Time per Respondent:* 3 hours. *Estimated Total Annual Burden Hours:* 150. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on:
(a)Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden of the collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected;
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and
(e)estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: March 20, 2008. Glenn Kirkland, IRS Reports Clearance Officer. [FR Doc. E8-6750 Filed 4-1-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service [REG-209798-95] Proposed Collection; Comment Request for Regulation Project AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning existing final regulations, REG-209798-95 (TD 8746), Amortizable Bond Premium, (Reg. Sections 1.163-13, 1.171-4, and 1.171-5). DATES: Written comments should be received on or before *June 2, 2008* to be assured of consideration. ADDRESSES: Direct all written comments to Glenn P. Kirkland, Internal Revenue Service, room 6129, 1111 Constitution Avenue NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the regulations should be directed to Carolyn N. Brown at Internal Revenue Service, room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224, or at
(202)622-6688, or through the Internet at *Carolyn.N.Brown@irs.gov* . SUPPLEMENTARY INFORMATION: *Title:* Amortizable Bond Premium. *OMB Number:* 1545-1491. *Regulation Project Number:* REG-209798-95. *Abstract:* This regulation addresses the tax treatment of bond premium. The regulation provides that a holder may make an election to amortize bond premium by offsetting interest income with bond premium, and the holder must attach a statement to their tax return providing certain information. The regulation also provides that a taxpayer may receive automatic consent to change its method of accounting for premium provided the taxpayer attaches a statement to its tax return. The information requested is necessary for the IRS to determine whether an issuer or a holder has changed its method of accounting for premium. *Current Actions:* There is no change to this existing regulation. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Businesses or other for-profit organizations and individuals. *Estimated Number of Respondents:* 15,000. *Estimated Time per Respondent:* 29 minutes. *Estimated Total Annual Burden Hours:* 7,250. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on:
(a)Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden of the collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected;
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and
(e)estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: March 18, 2008. Glenn P. Kirkland, IRS Reports Clearance Officer. [FR Doc. E8-6752 Filed 4-1-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service [PS-4-96] Proposed Collection; Comment Request for Regulation Project AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning an existing final regulation, PS-4-89 (TD 8743), Sale of Residence From Qualified Personal Residence Trust (§ 25.2702-5). DATES: Written comments should be received on or before June 2, 2008 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn P. Kirkland, Internal Revenue Service, room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for copies of this regulation should be directed to Allan Hopkins,
(202)622-6665, Internal Revenue Service, room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224, or through the Internet at *Allan.M.Hopkins@irs.gov.* SUPPLEMENTARY INFORMATION: *Title:* Sale of Residence From Qualified Personal Residence Trust. *OMB Number:* 1545-1485. *Regulation Project Number:* PS-4-96. *Abstract:* Internal Revenue Code section 2702(a)(3) provides special favorable valuation rules for valuing the gift of a personal residence trust. Regulation section 25.2702-5(a)(2) provides that if the trust fails to comply with the requirements contained in the regulations, the trust will be treated as complying if a statement is attached to the gift tax return reporting the gift stating that a proceeding has been commenced to reform the instrument to comply with the requirements of the regulations. *Current Actions:* There is no change to this existing regulation. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Individuals or households. *Estimated Number of Respondents:* 200. *Estimated Time Per Respondent:* 3 hours, 7 min. *Estimated Total Annual Burden Hours:* 625 hours. The following paragraph applies to all of the collections of information covered by this notice. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on:
(a)Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden of the collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected;
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and
(e)estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: March 20, 2008. Glenn P. Kirkland, IRS Reports Clearance Officer. [FR Doc. E8-6755 Filed 4-1-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service [REG-209121-89] Proposed Collection; Comment Request for Regulation Project AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning an existing final regulation, REG-209121-89 (TD 8802), Certain Asset Transfers to a Tax Exempt Entity (§ 1.337(d)-4). DATES: Written comments should be received on or before June 2, 2008 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn Kirkland, Internal Revenue Service, room 6129, 1111 Constitution Avenue NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for copies of this regulation should be directed to Allan Hopkins, at
(202)622-6665, or at Internal Revenue Service, room 6129, 1111 Constitution Avenue NW., Washington, DC 20224, or through the Internet, at *Allan.M.Hopkins@irs.gov.* SUPPLEMENTARY INFORMATION: *Title:* Certain Asset Transfers to a Tax-Exempt Entity. *OMB Number:* 1545-1633. *Regulation Project Number:* REG-209121-89. *Abstract:* The written representation requested from a tax-exempt entity in regulations section 1.337(d)-4(b)(1)(A) concerns its plans to use assets received from a taxable corporation in a taxable unrelated trade or business. The taxable corporation is not taxable on gain if the assets are used in a taxable unrelated trade or business. *Current Actions:* There is no change to this existing regulation. *Type of Review:* Extension of a currently approved collection. Affected Public: Not-for-profit institutions, business or other for-profit organizations. *Estimated Number of Respondents:* 25. *Estimated Time per Respondent:* 5 hrs. *Estimated Total Annual Burden Hours:* 125. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on:
(a)Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden of the collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected;
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and
(e)estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: March 20, 2008. Glenn Kirkland, IRS Reports Clearance Officer. [FR Doc. E8-6756 Filed 4-1-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service [REG-121946-98] Proposed Collection; Comment Request for Regulation Project AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning an existing final regulation, REG-121946-98 (TD 8861), Private Foundation Disclosure Rules (§§ 301.6104(d)-1, 301.6104(d)-2, and 301.6104(d)-3). DATES: Written comments should be received on or before June 2, 2008 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn P. Kirkland, Internal Revenue Service, room 6129, 1111 Constitution Avenue NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for copies of regulations should be directed to Allan Hopkins,
(202)622-6665, Internal Revenue Service, room 6129, 1111 Constitution Avenue NW., Washington, DC 20224, or through the Internet at *Allan.M.Hopkins@irs.gov* . SUPPLEMENTARY INFORMATION: *Title:* Private Foundation Disclosure Rules. *OMB Number:* 1545-1655. *Regulation Project Number:* REG-121946-98. *Abstract:* The regulations relate to the public disclosure requirements described in section 6104(d) of the Internal Revenue Code. These final regulations implement changes made by the Tax and Trade Relief Extension Act of 1998, which extended to private foundations the same rules regarding public disclosure of annual information returns that apply to other tax-exempt organizations. These final regulations provide guidance for private foundations required to make copies of applications for recognition of exemption and annual information return available for public inspection and to comply with requests for copies of those documents. *Current Actions:* There is no change to this existing regulation. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Not-for-profit institutions. *Estimated Number of Respondents:* 65,065. *Estimated Time per Respondent:* 30 minutes. *Estimated Total Annual Burden Hours:* 32,596. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on:
(a)Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden of the collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected;
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and
(e)estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: March 20, 2008. Glenn P. Kirkland, IRS Reports Clearance Officer. [FR Doc. E8-6759 Filed 4-1-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service [REG-209484-87] Proposed Collection; Comment Request for Regulation Project AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning an existing final regulation, REG-209484-87 (TD 8814), Federal Insurance Contributions Act
(FICA)Taxation of Amounts Under Employee Benefit Plans (§ 31.3121(v)(2)-1). DATES: Written comments should be received on or before June 2, 2008 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn Kirkland, Internal Revenue Service, room 6129, 1111 Constitution Avenue NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for copies of the regulations should be directed to Allan Hopkins at Internal Revenue Service, room 6129, 1111 Constitution Avenue NW., Washington, DC 20224, or at
(202)622-6665, or through the Internet at *Allan.M.Hopkins@irs.gov* . SUPPLEMENTARY INFORMATION: *Title:* Federal Insurance Contributions Act
(FICA)Taxation of Amounts Under Employee Benefits Plan. *OMB Number:* 1545-1643. *Regulation Project Number:* REG-209484-87. *Abstract:* This regulation provides guidance as to when amounts deferred under or paid from a nonqualified deferred compensation plan are taken into account as wages for purposes of the employment taxes imposed by the Federal Insurance Compensation Act (FICA). *Current Actions:* There is no change to this existing regulation. *Type of Review:* Extension of currently approved collection. *Affected Public:* Business or other for-profit organizations and not-for-profit institutions. *Estimated Number of Respondents:* 2,500. *Estimated Time per Respondent:* 5 hours. *Estimated Total Annual Burden Hours:* 12,500. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on:
(a)Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden of the collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected;
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and
(e)estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: March 20, 2008. Glenn Kirkland, IRS Reports Clearance Officer. [FR Doc. E8-6760 Filed 4-1-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Art Advisory Panel—Notice of Availability of Report of 2007 Closed Meetings AGENCY: Internal Revenue Service, Treasury. ACTION: Notice. SUMMARY: Pursuant to 5 U.S.C. app. I section 10(d), of the Federal Advisory Committee Act, and 5 U.S.C. section 552b, the Government in the Sunshine Act, a report summarizing the closed meeting activities of the Art Advisory Panel during 2007 has been prepared. A copy of this report has been filed with the Assistant Secretary of the Treasury for Management . DATES: *Effective Date* : This notice is effective *April 2, 2008* . ADDRESSES: The report is available for public inspection and requests for copies should be addressed to: Internal Revenue Service, Freedom of Information Reading Room, Room 1621, 1111 Constitution Avenue, NW., Washington, DC. 20224, telephone number
(202)622-5164 (not a toll free number). The report is also available at *http://www.irs.gov.* FOR FURTHER INFORMATION CONTACT: Karen Carolan, AP:ART, Internal Revenue Service/ Appeals, 1099 14th Street, NW., Washington, DC 20005, telephone
(202)435-5609 (not a toll free telephone number). SUPPLEMENTARY INFORMATION: The Commissioner of Internal Revenue has determined that this document is not a major rule as defined in Executive Order 12291 and that a regulatory impact analysis therefore, is not required. Neither does this document constitute a rule subject to the Regulatory Flexibility Act (5 U.S.C. Chapter 6). Linda E. Stiff, Acting Commissioner of Internal Revenue. [FR Doc. E8-6743 Filed 4-1-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Open Meeting of the Area 1 Taxpayer Advocacy Panel (Including the States of New York, Connecticut, Massachusetts, Rhode Island, New Hampshire, Vermont and Maine) AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of meeting. SUMMARY: An open meeting of the Area 1 Taxpayer Advocacy Panel will be conducted. The Taxpayer Advocacy Panel is soliciting public comments, ideas and suggestions on improving customer service at the Internal Revenue Service. DATES: The meeting will be held Friday, May 2, 2008, and Saturday May 3, 2008. FOR FURTHER INFORMATION CONTACT: Audrey Y. Jenkins at 1-888-912-1227 or 718-488-2085. SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to section 10
(2)of the Federal Advisory Committee Act, 5 U.S.C. App.
(1988)that an open meeting of the Area 1 Taxpayer Advocacy Panel will be held Friday, May 2, 2008, from 8 a.m. to 5 p.m., and Saturday, May 3, 2008, from 8:30 a.m. to Noon, Eastern Time, in Boston, MA. For more information or to confirm attendance, notification if intent to attend the meeting must be made with Audrey Y. Jenkins at 1-888-912-1227 or 718-488-2085. If you would like to have the TAP consider a written statement, please write Audrey Y. Jenkins, TAP Office, 10 MetroTech Center, 625 Fulton Street, Brooklyn, NY 11201, or you can post comments to the Web site: *http://www.improveirs.org.* The agenda will include various IRS issues. Dated: March 24, 2008. Sandra L. McQuin, Acting Director, Taxpayer Advocacy Panel. [FR Doc. E8-6741 Filed 4-1-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Open Meeting of the Area 2 Taxpayer Advocacy Panel (Including the States of Delaware, North Carolina, South Carolina, New Jersey, Maryland, Pennsylvania, Virginia, West Virginia and the District of Columbia) AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of meeting. SUMMARY: An open meeting of the Area 2 Taxpayer Advocacy Panel will be conducted (via teleconference). The Taxpayer Advocacy Panel is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service. DATES: The meeting will be held Wednesday, May 21, 2008, at 2:30 p.m. Eastern Time FOR FURTHER INFORMATION CONTACT: Inez E. DeJesus at 1-888-912-1227, or 954-423-7977. SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to section 10
(2)of the Federal Advisory Committee Act, 5 U.S.C. App.
(1988)that an open meeting of the Area 2 Taxpayer Advocacy Panel will be held Wednesday, May 21, 2008, at 2:30 p.m. Eastern Time via a telephone conference call. If you would like to have the TAP consider a written statement, please call 1-888-912-1227 or 954-423-7977, or write Inez E. DeJesus, TAP Office, 1000 South Pine Island Rd., Suite 340, Plantation, FL 33324. Due to limited conference lines, notification of intent to participate in the telephone conference call meeting must be made with Inez E. DeJesus. Ms. DeJesus can be reached at 1-888-912-1227 or 954-423-7977, or post comments to the Web site: *http://www.improveirs.org.* The agenda will include the following: Various IRS issues. Dated: March 24, 2008. Sandra L. McQuin, Acting Director, Taxpayer Advocacy Panel. [FR Doc. E8-6738 Filed 4-1-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Open Meeting of the Area 3 Taxpayer Advocacy Panel (Including the States of Florida, Georgia, Alabama, Mississippi, Louisiana, Arkansas, and the Territory of Puerto Rico) AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of meeting. SUMMARY: An open meeting of the Area 3 Taxpayer Advocacy Panel will be conducted (via teleconference). The Taxpayer Advocacy Panel is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service. DATES: The meeting will be held Monday, May 19, 2008, at 12:30 p.m. Eastern Time. FOR FURTHER INFORMATION CONTACT: Sallie Chavez at 1-888-912-1227, or 954-423-7979. SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App.
(1988)that an open meeting of the Area 3 Taxpayer Advocacy Panel will be held Monday, May 19, 2008, at 12:30 p.m. Eastern Time via a telephone conference call. If you would like to have the TAP consider a written statement, please call 1-888-912-1227 or 954-423-7979, or write Sallie Chavez, TAP Office, 1000 South Pine Island Rd., Suite 340, Plantation, FL 33324. Due to limited conference lines, notification of intent to participate in the telephone conference call meeting must be made with Sallie Chavez. Ms. Chavez can be reached at 1-888-912-1227 or 954-423-7979, or post comments to the Web site: *http://www.improveirs.org.* The agenda will include: Various IRS issues. Dated: March 24, 2008. Sandra L. McQuin, Acting Director, Taxpayer Advocacy Panel. [FR Doc. E8-6737 Filed 4-1-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Open Meeting of the Area 4 Taxpayer Advocacy Panel (Including the States of Illinois, Indiana, Kentucky, Michigan, Ohio, Tennessee, and Wisconsin) AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of meeting. SUMMARY: An open meeting of the Area 4 Taxpayer Advocacy Panel will be conducted. The Taxpayer Advocacy Panel is soliciting public comment, ideas, and suggestions on improving customer service at the Internal Revenue Service. DATES: The meeting will be held Monday, May 13, 2008 and Tuesday, May 14, 2008. FOR FURTHER INFORMATION CONTACT: Mary Ann Delzer at 1-888-912-1227, or
(414)231-2360. SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App.
(1988)that a meeting of the Area 4 Taxpayer Advocacy Panel will be held Monday, May 13, 2008, 8 a.m. to 5 p.m., and Tuesday, May 14, 2008, 8 a.m. to Noon Eastern Time, in Cincinnati, OH. For more information or to confirm attendance, please contact Mary Ann Delzer. Ms. Delzer may be reached at 1-888-912-1227, or
(414)231-2360. Or you can submit written comments to the panel by faxing the comments to
(414)231-2363, or by mail to Taxpayer Advocacy Panel, Stop 1006MIL, 211 West Wisconsin Avenue, Milwaukee, WI 53203-2221, or you can post comments to the Web site at *http://www.improveirs.org.* The agenda will include the following: Various IRS issues Dated: March 24, 2008. Sandy McQuin, Acting Director, Taxpayer Advocacy Panel. [FR Doc. E8-6739 Filed 4-1-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Open Meeting of the Area 5 Taxpayer Advocacy Panel (Including the States of Iowa, Kansas, Minnesota, Missouri, Nebraska, Oklahoma, and Texas) AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of meeting. SUMMARY: An open meeting of the Area 5 Taxpayer Advocacy Panel will be conducted. The Taxpayer Advocacy Panel is soliciting public comment, ideas, and suggestions on improving customer service at the Internal Revenue Service. DATES: The meeting will be held Tuesday, May 13, 2008. FOR FURTHER INFORMATION CONTACT: Mary Ann Delzer at 1-888-912-1227, or
(414)231-2360. SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App.
(1988)that a meeting of the Area 5 Taxpayer Advocacy Panel will be held Tuesday, May 13, 2008, at 9:30 a.m. Central Time via a telephone conference call. You can submit written comments to the panel by faxing to
(414)231-2363, or by mail to Taxpayer Advocacy Panel, Stop 1006MIL, 211 West Wisconsin Avenue, Milwaukee, WI 53203-2221, or you can contact us at *http://www.improveirs.org.* Please contact Mary Ann Delzer at 1-888-912-1227 or
(414)231-2360 for dial-in information. *The agenda will include the following:* Various IRS issues. Dated: March 24, 2008. Sandra L. McQuin, Acting Director, Taxpayer Advocacy Panel. [FR Doc. E8-6751 Filed 4-1-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Open Meeting of the Area 6 Taxpayer Advocacy Panel (Including the States of Arizona, Colorado, Idaho, Montana, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming) AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of meeting. SUMMARY: An open meeting of the Area 6 Taxpayer Advocacy Panel will be conducted. The Taxpayer Advocacy Panel is soliciting public comment, ideas, and suggestions on improving customer service at the Internal Revenue Service. DATES: The meeting will be held Thursday, May 1, 2008, Friday May 2, 2008, and Saturday, May 3, 2008. FOR FURTHER INFORMATION CONTACT: Dave Coffman at 1-888-912-1227, or
(206)220-6096. SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App.
(1988)that a meeting of the Area 6 Taxpayer Advocacy Panel will be held Thursday, May 1, , 2008, 1 to 4:30 p.m., Friday, May 2, 2008, 8:30 a.m. to 4:30 p.m., and Saturday, May 3, 2008, 8:30 to 11 a.m., Mountain Time, in Salt Lake City, UT. For more information or to confirm attendance, please contact Dave Coffman. Mr. Coffman may be reached at 1-888-912-1227, or
(206)220-6095. You can submit written comments to the panel by faxing the comments to
(206)220-5760, or by mail to Taxpayer Advocacy Panel, 915 Second Avenue, Stop W-406, Seattle, WA 98174, or you can post comments to the Web site at *http://www.improveirs.org.* The agenda will include the following: Various IRS issues. Dated: March 24, 2008. Sandy McQuin, Acting Director, Taxpayer Advocacy Panel. [FR Doc. E8-6735 Filed 4-1-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Open Meeting of the Area 7 Taxpayer Advocacy Panel (Including the States of Alaska, California, Hawaii, and Nevada) AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of meeting. SUMMARY: An open meeting of the Area 7 committee of the Taxpayer Advocacy Panel will be conducted (via teleconference). The Taxpayer Advocacy Panel
(TAP)is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service. DATES: The meeting will be held Wednesday, May 21, 2008. FOR FURTHER INFORMATION CONTACT: Janice Spinks at 1-888-912-1227 or 206-220-6096. SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App.
(1988)that an open meeting of the Area 7 Taxpayer Advocacy Panel will be held Wednesday, May 21, 2008, from 2 to 3:30 p.m. Pacific Time via a telephone conference call. The public is invited to make oral comments. Individual comments will be limited to 5 minutes. If you would like to have the TAP consider a written statement, please call 1-888-912-1227 or 206-220-6096, or write to Janice Spinks, TAP Office, 915 2nd Avenue, MS W-406, Seattle, WA, 98174. Due to limited conference lines, notification of intent to participate in the telephone conference call meeting must be made with Janice Spinks. Miss Spinks can be reached at 1-888-912-1227 or 206-220-6096, or you can contact us at *http://www.improveirs.org.* The agenda will include the following: Various IRS issues. Dated: March 24, 2008. Sandra L. McQuin, Acting Director, Taxpayer Advocacy Panel. [FR Doc. E8-6747 Filed 4-1-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Open Meeting of the Joint Committee of the Taxpayer Advocacy Panel AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of meeting. SUMMARY: An open meeting of the Joint Committee of the Taxpayer Advocacy Panel will be conducted via conference call. The Taxpayer Advocacy Panel is soliciting public comment, ideas, and suggestions on improving customer service at the Internal Revenue Service. DATES: The meeting will be held Wednesday, May 7, 2008. FOR FURTHER INFORMATION CONTACT: Patricia Robb at 1-888-912-1227 or
(414)231-2360. SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App.
(1988)that an open meeting of the Joint Committee of the Taxpayer Advocacy Panel
(TAP)will be held Wednesday, May 7, 2008, at 2 p.m. Eastern Time via a conference call. If you would like to have the Joint Committee of TAP consider a written statement, please call 1-888-912-1227 or
(414)231-2360, or write Patricia Robb, TAP Office, MS-1006-MIL, 211 West Wisconsin Avenue, Milwaukee, WI 53203-2221, or FAX to
(414)231-2363, or you can contact us at *http://www.improveirs.org.* For information to join the Joint Committee meeting, contact Patricia Robb at the above number. The agenda will include the following: Discussion of issues and responses brought to the Joint Committee, office report, and discussion of annual meeting. Dated: March 24, 2008. Sandra L. McQuin, Acting Director, Taxpayer Advocacy Panel. [FR Doc. E8-6736 Filed 4-1-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Open Meeting of the Taxpayer Advocacy Panel Earned Income Tax Credit Issue Committee AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of meeting. SUMMARY: An open meeting of the Taxpayer Advocacy Panel Earned Income Tax Credit Issue Committee will be conducted (via teleconference). The Taxpayer Advocacy Panel is soliciting public comments, ideas and suggestions on improving customer service at the Internal Revenue Service. DATES: The meeting will be held Wednesday, May 14, 2008. FOR FURTHER INFORMATION CONTACT: Audrey Y. Jenkins at 1-888-912-1227 or 718-488-2085 SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App.
(1988)that an open meeting of the Taxpayer Advocacy Panel Earned Income Tax Credit Issue Committee will be held Wednesday, May 14, 2008, from 1 to 2 p.m. Eastern Time via a telephone conference call. The public is invited to make oral comments. Individual comments will be limited to 5 minutes. For information or to confirm attendance, notification of intent to attend the meeting must be made with Audrey Y. Jenkins. Ms. Jenkins may be reached at 1-888-912-1227 or
(718)488-2085. Send written comments to Audrey Y. Jenkins, TAP Office, 10 MetroTech Center, 625 Fulton Street, Brooklyn, NY 11201 or post comments to the Web site: *http://www.improveirs.org.* Due to limited conference lines, notification of intent to participate in the telephone conference call meeting must be made in advance. The agenda will include various IRS issues. Dated: March 24, 2008. Sandra L. McQuin, Acting Director, Taxpayer Advocacy Panel. [FR Doc. E8-6740 Filed 4-1-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Open Meeting of the Taxpayer Assistance Center Committee of the Taxpayer Advocacy Panel AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of meeting. SUMMARY: An open meeting of the Taxpayer Assistance Center Committee of the Taxpayer Advocacy Panel will be conducted. The Taxpayer Advocacy Panel
(TAP)is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service. DATES: The meeting will be held Thursday, May 29, 2008, Friday, May 30, 2008, and Saturday, May 31, 2008. FOR FURTHER INFORMATION CONTACT: Dave Coffman at 1-888-912-1227 or 206-220-6096. SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App.
(1988)that an open meeting of the Taxpayer Assistance Center Committee of the Taxpayer Advocacy Panel will be held Thursday, May 29, 2008, 1 to 4:30 p.m., Friday, May 30, 2008, 8 a.m. to 5 p.m., and Saturday, May 31, 8:30 to 11:30 a.m., Mountain Time, in Denver, CO. For more information or to confirm attendance, please contact Dave Coffman. Mr. Coffman can be reached at 1-888-912-1227 or 206-220-6096. If you would like to have the TAP consider a written statement, write to Dave Coffman, TAP Office, 915 2nd Avenue, MS W-406, Seattle, WA 98174, or you can contact us at *http://www.improveirs.org.* The agenda will include the following: Various IRS issues. Dated: March 24, 2008. Sandra L. McQuin, Acting Director, Taxpayer Advocacy Panel. [FR Doc. E8-6742 Filed 4-1-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Open Meeting of the Taxpayer Advocacy Panel Volunteer Income Tax Assistance
(VITA)Issue Committee AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of meeting. SUMMARY: An open meeting of the Taxpayer Advocacy Panel VITA Issue Committee will be conducted. The Taxpayer Advocacy Panel is soliciting public comment, ideas, and suggestions on improving customer service at the Internal Revenue Service. DATES: The meeting will be held Tuesday, May 13, 2008. FOR FURTHER INFORMATION CONTACT: Marisa Knispel at 1-888-912-1227 or
(718)488-3557. SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App.
(1988)that a meeting of the Taxpayer Advocacy Panel VITA Issue Committee will be held Tuesday, May 13, 2008, at 2 p.m. Eastern Time via a telephone conference call. You can submit written comments to the panel by faxing to
(718)488-2062, or by mail to Taxpayer Advocacy Panel, 10 Metro Tech Center, 625 Fulton Street, Brooklyn, NY, 11201, or you can contact us at *http://www.improveirs.org.* Public comments will also be welcome during the meeting. Please contact Marisa Knispel at 1-888-912-1227 or
(718)488-3557 for additional information. The agenda will include the following: Various VITA Issues. Dated: March 24, 2008. Sandra L. McQuin, Acting Director, Taxpayer Advocacy Panel. [FR Doc. E8-6744 Filed 4-1-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Open Meeting of the Small Business/Self Employed—Taxpayer Burden Reduction Issue Committee of the Taxpayer Advocacy Panel AGENCY: Internal Revenue Service
(IRS)Treasury. ACTION: Notice of meeting. SUMMARY: An open meeting of the Taxpayer Advocacy Panel Small Business/Self Employed—Taxpayer Burden Reduction Issue Committee will be conducted. The Taxpayer Advocacy Panel is soliciting public comment, ideas, and suggestions on improving customer service at the Internal Revenue Service. DATES: The meeting will be held Thursday, May 29, 2008, and Friday, May 30, 2008. FOR FURTHER INFORMATION CONTACT: Marisa Knispel at 1-888-912-1227 or
(718)488-3557. SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App.
(1988)that a meeting of the Taxpayer Advocacy Panel Small Business/Self Employed—Taxpayer Burden Reduction Issue Committee will be held Thursday, May 29, 2008, 9 a.m. to 5 p.m., and Friday, May 30, 2008, 8 a.m. to 4:30 p.m., Mountain Time, in Denver, CO. You can submit written comments to the panel by faxing to
(718)488-2062, or by mail to Taxpayer Advocacy Panel, 10 Metro Tech Center, 625 Fulton Street, Brooklyn, NY, 11201, or you can contact us at *http://www.improveirs.org.* Public comments will also be welcome during the meeting. Please contact Marisa Knispel at 1-888-912-1227 or
(718)488-3557 for additional information. The agenda will include the following: Various IRS Issues. Dated: March 24, 2008. Sandra L. McQuin, Acting Director, Taxpayer Advocacy Panel. [FR Doc. E8-6745 Filed 4-1-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Open Meeting of the Small Business/Self Employed—Taxpayer Burden Reduction Issue Committee of the Taxpayer Advocacy Panel AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of meeting. SUMMARY: An open meeting of the Taxpayer Advocacy Panel Small Business/Self Employed—Taxpayer Burden Reduction Issue Committee will be conducted. The Taxpayer Advocacy Panel is soliciting public comment, ideas, and suggestions on improving customer service at the Internal Revenue Service. DATES: The meeting will be held Thursday, May 8, 2008. FOR FURTHER INFORMATION CONTACT: Marisa Knispel at 1-888-912-1227 or
(718)488-3557. SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App.
(1988)that a meeting of the Taxpayer Advocacy Panel Small Business/Self Employed—Taxpayer Burden Reduction Issue Committee will be held Thursday, May 8, 2008, at 2 p.m. Eastern Time via a telephone conference call. You can submit written comments to the panel by faxing to
(718)488-2062, or by mail to Taxpayer Advocacy Panel, 10 Metro Tech Center, 625 Fulton Street, Brooklyn, NY, 11201, or you can contact us at *http://www.improveirs.org.* Public comments will also be welcome during the meeting. Please contact Marisa Knispel at 1-888-912-1227 or
(718)488-3557 for additional information. The agenda will include the following: Various IRS Issues. Dated: March 24, 2008. Sandra L. McQuin, Acting Director, Taxpayer Advocacy Panel. [FR Doc. E8-6746 Filed 4-1-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Open Meeting of the Ad Hoc IRS Forms and Publications/Language Services Issue Committee of the Taxpayer Advocacy Panel AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of meeting. SUMMARY: An open meeting of the Ad Hoc IRS Forms and Publications/Language Services Issue Committee of the Taxpayer Advocacy Panel will be conducted (via teleconference). The Taxpayer Advocacy Panel is soliciting public comments, ideas and suggestions on improving customer service at the Internal Revenue Service. DATES: The meeting will be held Tuesday, May 6, 2008. FOR FURTHER INFORMATION CONTACT: Inez DeJesus at 1-888-912-1227 or 954-423-7977. SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App.
(1988)that an open meeting of the Ad Hoc IRS Forms and Publications/Language Services Issue Committee of the Taxpayer Advocacy Panel will be held Tuesday, May 6, 2008, at 2 p.m. Eastern Time via a telephone conference call. If you would like to have the TAP consider a written statement, please call 1-888-912-1227 or 954-423-7977, or write Inez DeJesus, TAP Office, 1000 South Pine Island Road, Suite 340, Plantation, FL 33324. Due to limited conference lines, notification of intent to participate in the telephone conference call meeting must be made with Inez DeJesus. Ms. DeJesus can be reached at 1-888-912-1227 or 954-423-7977, or you can post comments to the Web site: *http://www.improveirs.org.* *The agenda will include:* Various IRS issues. Dated: March 24, 2008. Sandra L. McQuin, Acting Director, Taxpayer Advocacy Panel. [FR Doc. E8-6753 Filed 4-1-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Open Meeting of the Wage & Investment Reducing Taxpayer Burden (Notices) Issue Committee of the Taxpayer Advocacy Panel AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of meeting. SUMMARY: An open meeting of the Wage & Investment Reducing Taxpayer Burden (Notices) Issue Committee of the Taxpayer Advocacy Panel will be conducted (via teleconference). The Taxpayer Advocacy Panel is soliciting public comments, ideas and suggestions on improving customer service at the Internal Revenue Service. DATES: The meeting will be held Wednesday, May 21, 2008. FOR FURTHER INFORMATION CONTACT: Sallie Chavez at 1-888-912-1227, or 954-423-7979. SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to section 10
(2)of the Federal Advisory Committee Act, 5 U.S.C. App.
(1988)that an open meeting of the Wage & Investment Reducing Taxpayer Burden (Notices) Issue Committee of the Taxpayer Advocacy Panel will be held Wednesday, Mary 21, 2008, at 12:30 p.m. Eastern Time via a telephone conference call. If you would like to have the TAP consider a written statement, please call 1-888-912-1227 or 954-423-7979, or write Sallie Chavez, TAP Office, 1000 South Pine Island Road, Suite 340, Plantation, FL 33324. Due to limited conference lines, notification of intent to participate in the telephone conference call meeting must be made with Sallie Chavez. Ms. Chavez can be reached at 1-888-912-1227 or 954-423-7979, or post comments to the Web site: *http://www.improveirs.org* The agenda will include: Various IRS issues. Dated: March 24, 2008. Sandra L. McQuin, Acting Director, Taxpayer Advocacy Panel. [FR Doc. E8-6762 Filed 4-1-08; 8:45 am] BILLING CODE 4830-01-P 73 64 Wednesday, April 2, 2008 Notices Part II Department of Energy Privacy Act of 1974; Publication of Proposed Compilation of Privacy Act Systems of Records; Notice DEPARTMENT OF ENERGY Privacy Act of 1974; Publication of Proposed Compilation of Privacy Act Systems of Records AGENCY: U.S. Department of Energy. ACTION: Notice. SUMMARY: As required by the Privacy Act of 1974, 5 U.S.C. 552a, and the Office of Management and Budget
(OMB)Circular A-130, the Department of Energy including the National Nuclear Security Agency
(NNSA)(hereinafter referred to collectively as “DOE” or the Department”) is announcing the Department's intent to publish a proposed compilation of Privacy Act Systems of Records. This notice, which reflects various significant and administrative changes to the existing systems of records, proposes to:
(1)Add a new routine use disclosure to all systems of records to allow disclosure of information in the event of a breach;
(2)further amend three existing systems of records;
(3)establish a new system of records; and
(4)delete one system of records from the inventory of systems. DATES: Any interested person may submit written comments concerning the proposed changes to DOE's Privacy Act Systems of Records by April 2, 2008. Except for proposed exemptions that may require separate notice and comment rulemaking, the changes proposed in this notice will be effective April 2, 2008 unless DOE receives comments that require a contrary determination. DOE will publish a document in the **Federal Register** notifying the public if any changes are necessary. ADDRESSES: Written comments should be directed to Verlette L. Gatlin, Deputy Director, FOIA and Privacy Act Office, Office of Information Resources, U.S. Department of Energy, MA-90, 1000 Independence Avenue, SW., Washington, DC 20585,
(202)586-5955. FOR FURTHER INFORMATION CONTACT: Verlette L. Gatlin, Deputy Director, FOIA and Privacy Act Office, Office of Information Resources, MA-90, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585,
(202)586-5955, and Isiah Smith, Deputy Assistant General Counsel for General Law, GC-77, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585,
(202)586-8618. SUPPLEMENTARY INFORMATION: I. Background II. Proposed Amendments to Existing Systems of Records III. Establishment of a New System of Records IV. Discussion of Deletion of System of Records Notice V. Comment Procedures I. Background This notice provides an accurate and complete text for the sixty systems of records established by DOE under the Privacy Act. DOE published the last compilation of the Privacy Act systems of records at 68 FR 38756 on June 30, 2003. Since that time, DOE has published several notices to establish new systems of records and to amend published systems. It has been determined that this notice would be a more useful tool if all previously published notices are incorporated into one notice. This notice will incorporate all published systems of records and identify the appropriate DOE locations. Each system notice provides a description of the system of records, identifies the purpose and authority for collecting and maintaining the information, reflects administrative changes, identifies the appropriate DOE locations, and incorporates all routine uses. II. Proposed Amendments to Existing Systems of Records DOE-24 Land Records System The Department's Land Records are currently being maintained and used by the Bonneville Power Administration and the Western Area Power Administration. The records are used to track land rights information resulting from property right acquisitions, outgrants, licenses, transfers, exchanges, encroachments and disposals in support of construction and maintenance programs, right-of-way tracking for transmission line vegetation management and line maintenance. This process will be utilized at the Southwestern Power Administration (Southwestern) in Tulsa, Oklahoma. Therefore, this notice proposes to amend the system by expanding the categories of individuals section, and adding an additional location. The categories of individuals section will be expanded to include landowners and tenants on Southwestern's right-of-way where Southwestern has acquired or given interests in land or permits for its hydro-electric transmission lines. DOE-28 General Training Records The General Training Records are maintained and used by the Department to document planning, completion, funding, and effectiveness of employee training and development. The system of records only covers DOE employees. This notice proposes to amend the categories of individuals section to include contractor employees who have taken and completed necessary training courses. DOE-34 Employee Assistance Program
(EAP)Records This notice proposes to amend DOE-34 “Employee Assistance Program
(EAP)Records.” The amendment will expand the categories of individuals section. The existing system only covers records of DOE employees seeking assistance with personal and work-related issues. The amendment will include contractor employees seeking assistance on personal and work-related issues. Proposed Routine Use Provision A new routine use provision is being proposed for all of the Department's published systems of records. The proposed routine use disclosure will help DOE facilitate the response to a breach of Federal data, including notifying impacted individuals. It also will allow DOE to disclose information about potentially affected individuals to other agencies and entities to facilitate a response to a breach of Federal data. The disclosure is compatible with the purpose for which the information is being collected and the disclosure of information would be in the best interest of both the individual to whom it pertains and the public. III. Establishment of a New System of Records The notice proposes to establish a new system of records entitled DOE-60 “General Correspondence Files.” The system covers individuals who have initiated correspondence with organizational elements of DOE. The records to be maintained in the system pertain to general correspondence submitted to the Heads of the Departmental Program Offices and the Heads of the Departmental Field Offices. The categories of records to be covered by the system include incoming correspondence that may include name, address, telephone number, organization, date of birth, and supporting documentation. Files may also contain a copy of any response letters and documentation required to prepare the response. The authority for maintenance of the system is 42 U.S.C. 7101 *et seq.* ; 50 U.S.C. 2401 *et seq.* IV. Discussion of Deletion of System of Records During the review process of the systems of records established by DOE under the Privacy Act, DOE identified one record system for deletion. The information collected and maintained in DOE-6 EIA “Consumer Data Base” is obsolete and is no longer being maintained. Therefore, this system of records will be deleted from the Department's inventory of systems of records. V. Comment Procedures As provided by 5 U.S.C. 552a(e)(11), interested persons are invited to submit written data, views, or comments related to the proposed amendment to an existing system of records and proposed establishment of a routine use. See ADDRESSES . “Comments” should be written on the outside of the envelope and on the documents submitted to DOE with the designation “Department of Energy Privacy Act Systems of Records Proposals.” These comments and all other relevant information will be considered by DOE before the various proposals are adopted in their final form. If DOE receives no substantial comments adverse to or critical of the proposed establishment of a new system of records, the establishment of a new routine use that DOE proposes to establish in all of the adopted or proposed systems of record in the compilation, or the amendments to three previously published systems of records, DOE will begin to operate the systems as proposed upon the expiration of the 40-day advance period for informing Congress and OMB of the proposed amendments and the adoption of a new system of records as required by OMB Circular A-130. The Department is submitting to Congress a report on the new system and the amendments to existing systems as required by OMB Circular A-130. Set forth below is the compilation of DOE's Privacy Act Systems of Records that includes a Table of Contents, Correlation of Offices and the text of the individual systems of records. Issued in Washington, DC on March 21, 2008. Ingrid Kolb, Director, Office of Management. Compilation of Systems of Records Correlation of DOE Field Locations and Their Offices NNSA Service Center (Albuquerque) (Formerly Albuquerque Operations Office) Kansas City Site Office Kansas City Plant Lawrence Livermore National Laboratory Livermore Site Office Los Alamos Site Office Los Alamos National Laboratory Nevada Site Office (formerly NNSA Service Center (Nevada)) Pantex Site Office Pantex Plant Sandia Site Office Sandia National Laboratory NNSA Y-12 Site Office (formerly Y-12 Area Office) Y-12 National Security Complex (formerly Y-12 Plant) Chicago Office (Formerly Chicago Operations Office) Ames Laboratory Argonne Area Office Brookhaven Area Office Environmental Measurements Laboratory Fermi Area Office Fermi National Accelerator Laboratory Lawrence Berkeley National Laboratory Princeton Area Office Princeton Plasma Physics Laboratory New Brunswick Laboratory Environmental Management Consolidated Business Center (Formerly Ohio Field Office) Idaho Operations Office Grand Junction Office Stanford Linear Accelerator Center Oak Ridge Office (Formerly Oak Ridge Operations Office) Oak Ridge Gaseous Diffusion Plant (K-25) Oak Ridge National Laboratory (X-10) Melton Valley TRU Waste Storage Facility Spallation Neutron Source, Oak Ridge Reservation Thomas Jefferson National Accelerator Facility Weldon Spring Site Remedial Action Program Oak Ridge Institute for Science and Education (ORISE) Paducah Gaseous Diffusion Plant Portsmouth Gaseous Diffusion Plant Horizon Center East Tennessee Mechanical Contractors Savannah River Operations Office NNSA Savannah River Site Office (formerly Savannah River Area Office) NNSA Tritium Facility Office of Repository Development (Formerly Yucca Mountain Site Characteristic Office) Table of Contents of All DOE Systems of Records as Adopted or Proposed DOE-1 Grievance Records DOE-2 DOE-Personnel Supervisor Maintained Personnel Records DOE-3 Employee Concerns Program Records DOE-4 Form EIA-457 Survey Reports, Residential Energy Consumption Survey
(RECS)DOE-5 Personnel Records of Former Contractor Employees DOE-6 [Deleted with this notice-Reserved] DOE-7 Whistleblower Investigation, Hearings, and Appeals Records DOE-8 Intergovernmental Personnel Act
(IPA)Agreements DOE-9 Members of DOE Advisory Committees DOE-10 Energy employees Occupational Illness Compensation Program Act Files DOE-11 Emergency Operations Notification Call List DOE-12 Automated Materials Property System
(AMPS)DOE-13 Payroll and Leave Records DOE-14 Report of Compensation DOE-15 Intelligence-Related Access Authorization DOE-16 Federal Employee Subsidy Program Records DOE-17 [Deleted-Reserved] DOE-18 Financial Accounting System DOE-19 [Deleted-Reserved] DOE-20 [Deleted-Reserved] DOE-21 Asset Readiness Management System
(ARMS)DOE-22 [DeletedReserved] DOE-23 Property Accountability System DOE-24 Land Records System DOE-25 U.S. DOE Commuter Locator and Parking Space Information System DOE-26 Official Travel Records DOE-27 Foreign Travel Management System
(FTMS)DOE-28 General Training Records DOE-29 [Deleted-Reserved] DOE-30 [Deleted-Reserved] DOE-31 Firearms Qualification Records DOE-32 [Deleted-Reserved] DOE-33 Personnel Medical Records DOE-34 Employee Assistance Program
(EAP)Records DOE-35 Personnel Radiation Exposure Records DOE-36 [Deleted-Reserved] DOE-37 [Deleted-Reserved] DOE-38 Occupational and Industrial Accident Records DOE-39 [Deleted-Reserved] DOE-40 [Deleted-Reserved] DOE-41 Legal Files (Claims, Litigation, Criminal Violations, Patents, and Others) DOE-42 [Deleted-Reserved] DOE-43 Personnel Security Clearance Files DOE-44 Special Access Authorization for Categories of Classified Information DOE-45 Weapons Data Access Control System (WDACS) DOE-46 Administrative Review Files DOE-47 [Deleted-Reserved] DOE-48 Security Education and/or Infraction Reports DOE-49 Security Communications File DOE-50 Human Reliability Program Records DOE-51 Employee and Visitor Access Control Records DOE-52 Access Control Records of International Visits, Assignments, and Employment at DOE Facilities and Contractor Sites DOE-53 Access Authorization for ADP Equipment DOE-54 Investigative Files of the Inspector General DOE-55 Freedom of Information and Privacy Act (FOIA/PA) Requests for Records DOE-56 Congressional Constituent Inquiries DOE-57 Congressional Profiles DOE-58 General Correspondence Files of the Office of the Secretary of Energy, Deputy Secretary and Under Secretary of Energy DOE-59 Mailing Lists for Requesters of Energy-Related Information DOE-60 General Correspondence Files (Proposed New System—DOE Assigned Number Is Being Re-Issued) DOE-61 Census of High Energy Physicists DOE-62 Historical Files—Published Information Concerning Selected Persons in the Energy Field DOE-63 [Reissued] Personal Identity Verification
(PIV)Files DOE-64 [Deleted-Reserved] DOE-65 [Deleted-Reserved] DOE-66 Power Sales to Individuals DOE-67 [Deleted-Reserved] DOE-68 [Deleted-Reserved] DOE-69 [Deleted-Reserved] DOE-70 [Deleted-Reserved] DOE-71 The Radiation Accident Registry DOE-72 The DOE Radiation Study Registry DOE-73 The US—DPTA Registry DOE-74 [Deleted-Reserved] DOE-75 Call Detail Records DOE-76 [Deleted-Reserved] DOE-77 Physical Fitness Test Records DOE-78 [Deleted-Reserved] DOE-79 [Deleted-Reserved] DOE-80 [Deleted-Reserved] DOE-81 Counterintelligence Administrative and Analytical Records and Reports DOE-82 Grant and Contract Records for Research Projects, Science Education, and Related Activities DOE-83 Allegation-Based Inspection Files of the Office of Inspector General DOE-84 Counterintelligence Investigative Records DOE-85 [Reserved] DOE-86 Human Radiation Experiments Records DOE-87 [Deleted-Reserved] DOE-88 Epidemiologic and Other Health Studies, Surveys, and Surveillances Text of Systems of Records DOE-1 SYSTEM NAME: Grievance Records. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, Headquarters, 1000 Independence Avenue, SW., Washington, DC 20585. U.S. Department of Energy, Alaska Power Administration, Federal Records Center, San Point Way, NE., Seattle, WA 98115. U.S. Department of Energy, NNSA Service Center Albuquerque, P.O. Box 5400, Albuquerque, NM 87185-5400 U.S. Department of Energy, Bonneville Power Administration, P.O. Box 3621, Portland, OR 97208 U.S. Department of Energy, Chicago Office, 9800 South Cass Avenue, Argonne, IL 60439 U.S. Department of Energy, Grand Forks Energy Technology Center, P.O. Box 8213, University Station, Grand Forks, ND 58201 U.S. Department of Energy, Idaho Operations Office, 850 Energy Drive, Idaho Falls, ID 83401 U.S. Department of Energy, Laramie Energy Technology Center, P.O. Box 3395, University Station, Laramie, WY 82070 U.S. Department of Energy, National Energy Technology Laboratory (Morgantown), P.O. Box 880, Morgantown, WV 26505 U.S. Department of Energy, National Energy Technology Laboratory (Pittsburgh), P.O. Box 10940, Pittsburgh, PA 15122 U.S. Department of Energy, NNSA Nevada Site Office, P.O. Box 98518, Las Vegas, NV 89193-8518 U.S. Department of Energy, Oak Ridge Office, P.O. Box E, Oak Ridge, TN 37831 U.S. Department of Energy, Environmental Consolidated Business Center (EMCBC), 250 E. Fifth Street, Suite 500, Cincinnati, OH 45202 U.S. Department of Energy, Pittsburgh Naval Reactors, P.O. Box 109, Pittsburgh, PA 15122 U.S. Department of Energy, Richland Operations Office, P.O. Box 550, Richland, WA 99352 U.S. Department of Energy, Savannah River Operations Office, P.O. Box A, Aiken, SC 29801 U.S. Department of Energy, Schenectady Naval Reactors Office, P.O. Box 1069, Schenectady, NY 12301 U.S. Department of Energy, Southeastern Power Administration, 1166 Athens Tech Road, Elberton, GA 30635-4578 U.S. Department of Energy, Southwestern Power Administration, Williams Tower One, One West Third Street, Tulsa, OK 74103 U.S. Department of Energy, Strategic Petroleum Reserve Office, 900 Commerce Road East, New Orleans, LA 70123 U.S. Department of Energy, Western Area Power Administration, P.O. Box 3402, Golden, CO 80401 U.S. Department of Energy, Office of Repository Development, P.O. Box 364629, North Las Vegas, NV 89036-8629 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Current and former Department of Energy
(DOE)employees including National Nuclear Security Administration
(NNSA)employees, consultants, board members, and applicants. CATEGORIES OF RECORDS IN THE SYSTEM: Grievances; names; social security numbers; work and home address; work and home telephone numbers; job titles, series, and grade levels; organization; supervisors' names and telephone numbers; copies of employee records, such as personnel actions, performance appraisals, pay and leave records, and security clearance documents; management reports; witness statements; affidavits; checklists; notes; and relevant correspondence. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.* ; 50 U.S.C. 2401 *et seq.* ; 5 U.S.C. 7121, and 5 CFR Part 771. PURPOSE(S): The records maintained in the system pertain to grievances subject to the negotiated grievance process and the agency's administrative grievance process. The records in this system will be used by management officials in the resolution of employee concerns about working conditions, administration of the agency's grievance process, employee-supervisor relations, work processes, or other similar issues. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from this system may be disclosed as a routine use to union officials acting in their official capacity as a representative of the grievant or affected employees under 5 U.S.C. Chapter 71. 2. A record from this system may be disclosed as a routine use to a member of Congress submitting a request involving a constituent when the constituent has requested assistance from the member concerning the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 3. A record from this system may be disclosed as a routine use to an appropriate Federal, State, or local agency that is authorized to review and resolve the issue(s) raised in the grievance. 4. A record from this system may be disclosed as a routine use for the purpose of an investigation, settlement of claims, or the preparation and conduct of litigation to
(1)a person representing the Department or assisting in such representation;
(2)others involved in the matter, their representatives and persons assisting such persons; and
(3)witnesses, potential witnesses, their representatives and assistants, and any other persons possessing information pertaining to the matter when it is necessary to obtain information or testimony relevant to the matter. 5. A record from this system may be disclosed as a routine use to a contractor of the Department who is authorized to review and resolve the issue(s) raised in the grievance, including a mediator or arbitrator in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 6. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper records and electronic media. RETRIEVABILITY: Records may be retrieved by the name of the grievant or complainant or other personal identifier, such as social security number. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: *Headquarters:* Director of Human Capital Management, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585. *Field Offices:* The Human Capital Directors of the “System Locations” listed above are the system managers for their respective portions of this system. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records generally are kept at locations where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: The grievant or complainant, applicable management officials, program office records, congressional offices, and fact finders' notes and reports. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-2 SYSTEM NAME: DOE—Personnel Supervisor Maintained Personnel Records. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, Headquarters, 1000 Independence Avenue, SW., Washington, DC 20585 U.S. Department of Energy, Alaska Power Administration, Federal Records Center, San Point Way, NE., Seattle, WA 98115 U.S. Department of Energy, NNSA Service Center Albuquerque, P.O. Box 5400, Albuquerque, NM 87185-5400 U.S. Department of Energy, Bonneville Power Administration, P.O. Box 3621, Portland, OR 97208 U.S. Department of Energy, Chicago Office, 9800 South Cass Avenue, Argonne, IL 60439 U.S. Department of Energy, Grand Forks Energy Technology Center, P.O. Box 8213, University Station, Grand Forks, ND 58201 U.S. Department of Energy, Idaho Operations Office, 850 Energy Drive, Idaho Falls, ID 83401 U.S. Department of Energy, Laramie Energy Technology Center, P.O. Box 3395, University Station, Laramie, WY 82070 U.S. Department of Energy, National Energy Technology Laboratory (Morgantown), P.O. Box 880, Morgantown, WV 26505 U.S. Department of Energy, National Energy Technology Laboratory (Pittsburgh), P.O. Box 10940, Pittsburgh, PA 15236-0940 U.S. Department of Energy, NNSA Nevada Site Office, P.O. Box 98518, Las Vegas, NV 89193-8518 U.S. Department of Energy, Oak Ridge Office, P.O. Box E, Oak Ridge, TN 37830 U.S. Department of Energy, Pittsburgh Naval Reactors, P.O. Box 109, Pittsburgh, PA 15122 U.S. Department of Energy, Environmental Management Consolidated Business Center (EMCBC), 250 E. Fifth Street, Suite 500, Cincinnati, OH 45202 U.S. Department of Energy, Richland Operations Office, P.O. Box 550, Richland, WA 99352 U.S. Department of Energy, Savannah River Operations Office, P.O. Box A, Aiken, SC 29801 U.S. Department of Energy, Schenectady Naval Reactors Office, P.O. Box 1069, Schenectady, NY 12301 U.S. Department of Energy, Southeastern Power Administration, 1166 Athens Tech Road, Elberton, GA 30635-4578 U.S. Department of Energy, Southwestern Power Administration, Williams Tower One, One West Third Street, Tulsa, OK 74103 U.S. Department of Energy, Strategic Petroleum Reserve Office, 900 Commerce Road East, New Orleans, LA 70123 U.S. Department of Energy, Western Area Power Administration, P.O. Box 3402, Golden, CO 80401 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Current and former Department of Energy
(DOE)employees including National Nuclear Security Administration
(NNSA)employees, who have departed within the last year, assigned military or detailed personnel, and applicants for employment. CATEGORIES OF RECORDS IN THE SYSTEM: Name, social security number, copies and summaries of employment history; SF-171; job description; education; address; next of kin; home and work telephone numbers; date of birth; awards and commendations received; participation in professional or community activities; training; earnings and leave data; travel actions; certification or qualification examinations; injury reports; appraisals; copy of ADP-produced Form 702; Form 50; assignment records; security infraction notices; records of supervisor-employee discussions; supervisor observations; reprimands; admonitions; adverse actions; commendations; contingency planning data; security clearance status; and Government property in employee possession. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.* and 50 U.S.C. 2401 *et seq.* PURPOSE(S): The records are maintained and used by DOE to maintain a file of personnel information that would allow DOE managers to make informed personnel and management decisions concerning employees. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from the system may be disclosed as a routine use to a Federal, State, or local agency to obtain information relevant to a Departmental decision concerning the hiring or retention of an employee, the issuance of a security clearance, the letting of a contract, or the issuance of a license, grant, or other benefit. The Department must deem such disclosure to be compatible with the purpose for which the Department collected the information. 2. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 3. A record from this system may be disclosed as a routine use to a member of Congress submitting a request involving the constituent when the constituent has requested assistance from the member concerning the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 4. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper records and electronic media. RETRIEVABILITY: Records may be retrieved by name. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: Headquarters and Field Offices: The immediate supervisor of the subject of the record(s). NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where the work is performed. In accordance with DOE Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: The subject employee, employee's supervisor(s), personnel action documents, payroll documents, and personnel security documents. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-3 SYSTEM NAME: Employee Concerns Program Records. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, Headquarters, 1000 Independence Avenue, SW., Washington, DC 20585. U.S. Department of Energy, NNSA Service Center Albuquerque, P.O. Box 5400, Albuquerque, NM 87185-5400. U.S. Department of Energy, Chicago Office, 9800 South Cass Avenue, Argonne, IL 60439 U.S. Department of Energy, Idaho Operations Office, 850 Energy Drive, Idaho Falls, ID 83401 U.S. Department of Energy, NNSA Nevada Site Office, P.O. Box 98518, Las Vegas, NV 89193-8518 U.S. Department of Energy, Oak Ridge Office, P.O. Box 200, Administration Road, Oak Ridge, TN 37831 U.S. Department of Energy, Environmental Management Consolidated Business Center (EMCBC), 1 Mound Road, Miamisburg, OH 45342 U.S. Department of Energy, Office of River Protection, P.O. Box 550, MS A1-61, Richland, WA 99352 U.S. Department of Energy, Pittsburgh Naval Reactors Office, P.O. Box 109, West Mifflin, PA 15122-0109 U.S. Department of Energy, Richland Operations Office, P.O. Box 550, Richland, WA 99352 U.S. Department of Energy, Savannah River Operations Office, Road 1A, Aiken, SC 29802 U.S. Department of Energy, Southeastern Power Administration, 1166 Athens Tech Road, Elberton, GA 30635-4578 U.S. Department of Energy, Strategic Petroleum Reserve Office, 900 Commerce Road East, New Orleans, LA 70123 U.S. Department of Energy, Southwestern Power Administration, Williams Tower One, One West Third Street, Tulsa, OK 74103 U.S. Department of Energy, Western Area Power Administration, P.O. Box 3402, Golden, CO 80401 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Current and former Department of Energy
(DOE)employees including National Nuclear Security Administration
(NNSA)employees and DOE contractor and subcontractor employees who file concerns or complaints with the DOE Employee Concerns Program offices. CATEGORIES OF RECORDS IN THE SYSTEM: Employee concerns, informal whistleblower reprisal complaints, names, social security numbers, work and home addresses and telephone numbers, job titles, series, grade or pay levels; organization; supervisors' names and telephone numbers; copies of employee records such as personnel actions, performance appraisals, pay and leave records and security clearance documents; management reports; witness statements; affidavits; checklists; notes; and relevant correspondence. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.* ; 50 U.S.C. 2401 *et seq.* ; 42 U.S.C. 2201(p); 42 U.S.C. 7254; 42 U.S.C. 5801(a). RETRIEVABILITY: Records may be retrieved by name and social security number. PURPOSE(S): The records are maintained and used by the Department to document and resolve employee concerns about environmental, safety and health issues, employee-supervisor relations, work processes and practices, and other work-related issues. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES USERS AND THE PURPOSES OF SUCH USES: 1. A record from this system may be disclosed as a routine use to union officials acting in their official capacity as a representative of the grievant or affected employees under 5 U.S.C. Chapter 71. 2. A record from this system may be disclosed as a routine use to a member of Congress submitting a request involving a constituent when the constituent has requested assistance from the member of Congress with respect to the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 3. A record from the system may be disclosed as a routine use to the appropriate local, State or Federal agency when records alone or in conjunction with other 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 pursuant thereto. 4. A record from this system may be disclosed as a routine use for the purpose of an investigation, settlement of claims, or the preparation and conduct of litigation to
(1)a person representing the Department or assisting in such representation;
(2)others involved in the matter, their representatives and persons assisting such persons; and
(3)witnesses, potential witnesses, their representatives and assistants, and any other persons possessing information pertaining to the matter when it is necessary to obtain information or testimony relevant to the matter. 5. A record from this system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 6. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper records and electronic media. RETRIEVABILLITY: Records may be retrieved by the name of the concerned employee or complainant or other personal identifier, such as social security number. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE records schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: *Headquarters:* Director, Office of Employee Concerns, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585. *Field Offices:* The Director of the Office of Employee Concerns at the “System Locations” listed above are the system managers for their respective portions of this system. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records generally are kept at locations where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: The concerned employee or complainant; applicable management officials; program office records; and congressional offices. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: The system is exempt under subsections 552a(k)(1),
(2)and
(5)of the Privacy Act to the extent that information within the system meets the criteria of those subsections of the Act. Such information has been exempted from the provisions of subsections (c)(3); 5 U.S.C. 552a(d); 5 U.S.C. 552a (e)(1) of the Act; see the Department's Privacy Act regulation at 10 CFR Part 1008. DOE-4 SYSTEM NAME: Form EIA-457 Survey Reports, Residential Energy Consumption Survey (RECS). SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, Energy Information Administration (EIA), 1000 Independence Avenue, SW., Washington, DC 20585 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Persons responding to the Form EIA-457, Residential Energy Consumption Survey (RECS). CATEGORIES OF RECORDS IN THE SYSTEM: Name, identification number, age, gender, race, ethnicity, home address, home telephone number, income, family size and composition, characteristics of household, characteristics of housing unit, fuels used, household vehicles, name and address of landlord, names and addresses of energy suppliers, and records of energy purchases. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.* and 50 U.S.C. 2401 *et seq.* PURPOSE(S): The information is collected and maintained by the DOE to measure the levels of energy consumption by homeowners and the cost of energy consumed. The information also is used for monitoring, analyzing, and modeling changes in the residential sector and its energy consumption. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. 2. A record may be disclosed to an agent under a written agreement to maintain the confidentiality of the record, to use the information for exclusively statistical purposes, and to use the information consistent with the purpose cited above. Those provided information under the routine uses are subject to the Privacy Act. 3. A record from this system may be disclosed as a routine use to a member of Congress submitting a request involving a constituent when the constituent has requested assistance from the member of Congress with respect to the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 4. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper records and electronic media. RETRIEVABILITY: Records may be retrieved by name and identification number. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established computer center procedures (personnel screening and physical security), and they are password protected. Passwords are known only by authorized system users. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: Headquarters: Administrator, Energy Information Administration, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: The subject individual and energy supply companies. SYSTEM EXEMPT FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-5 SYSTEM NAME: Personnel Records of Former Contractor Employees. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, Headquarters, 1000 Independence Avenue, SW., Washington, DC 20585 U.S. Department of Energy, NNSA Service Center Albuquerque, P.O. Box 5400, Albuquerque, NM 87185-5400 U.S. Department of Energy, Chicago Office, 9800 South Cass Avenue, Argonne, IL 60439 U.S. Department of Energy, Grand Junction Office, 2597 B 3/4 Road, Grand Junction, CO 81503 U.S. Department of Energy, Idaho Operations Office, 850 Energy Drive, Idaho Falls, ID 83401 U.S. Department of Energy, NNSA Nevada Site Office, P.O. Box 98518, Las Vegas, NV 89193-8518 U.S. Department of Energy, Naval Petroleum Reserves in California, P.O. Box 11, Tupman, CA 93276 U.S. Department of Energy, Naval Petroleum and Oil Shale Reserves, 907 North Poplar, Suite 150, Casper, WY 82601 U.S. Department of Energy, Environmental Management Consolidated Business Center (EMCBC), 250 E. Fifth Street, Suite 500, Cincinnati, OH 45202 U.S. Department of Energy, Pittsburgh Naval Reactors, P.O. Box 109, West Mifflin, PA 15122-0109 U.S. Department of Energy, Richland Operations Office, 825 Jadwin Avenue, P.O. Box 550, Richland, WA 99352 U.S. Department of Energy, Savannah River Operations Office, P.O. Box A, Aiken, SC 29801 U.S. Department of Energy, Schenectady Naval Reactors Office, P.O. Box 1069, Schenectady, NY 12301 U.S. Department of Energy, Strategic Petroleum Reserve Project Office, 900 Commerce Road East, New Orleans, LA 70123 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Former employees of companies that currently have or have had a contract with the Department of Energy
(DOE)including the National Nuclear Security Administration (NNSA). CATEGORIES OF RECORDS IN THE SYSTEM: Name, employment history, earnings, medical history, and other related information. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.* , 50 U.S.C. 2401 *et seq.* and the Memorandum of Understanding between the Department of Energy and the Department of Health and Human Services, 56 FR 9701, March 7, 1991. PURPOSE(S): The records are maintained and used by the DOE to verify employment of contractor employees who have worked at a DOE facility or for a prime management and operating contractor for the DOE to settle or pay claims associated their employment. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from the system may be disclosed as a routine use to the appropriate local, State or Federal agency when records alone or in conjunction with other 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 pursuant thereto. 2. A record from the system may be disclosed as a routine use to a Federal, State, or local agency to obtain information relevant to a Departmental decision concerning the hiring or retention of an employee, the issuance of a security clearance, the reporting of an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or other benefit. The Department must deem such disclosure to be compatible with the purpose for which the Department collected the information. 3. A record from this system may be disclosed as a routine use for the purpose of an investigation, settlement of claims, or the preparation and conduct of litigation to
(1)persons representing the Department in the investigation, settlement or litigation, and to individuals assisting in such representation;
(2)others involved in the investigation, settlement, and litigation, and their representatives and individuals assisting those representatives; and
(3)witness, potential witness, or their representatives and assistants, and any person possesses information pertaining to the matter when it is necessary to obtain information or testimony relevant to the matter. 4. A record from this system may be disclosed as a routine use in court or administrative proceedings to the tribunals, counsel, other parties, witnesses, and the public (in publicly available pleadings, filings or discussion in open court) when such disclosure:
(1)Is relevant to, and necessary for, the proceeding;
(2)compatible with the purpose for which the Department collected the records; and
(3)the proceedings involve:
(a)The Department, its predecessor agencies, current or former contractor of the Department, or other United States Government agencies and their components, or
(b)A current or former employee of the Department and its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, who is acting in an official capacity or in any individual capacity where the Department or other United States Government agency has agreed to represent the employee. 5. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to DOE officers and employees under the Privacy Act. 6. A record from the system of records may be disclosed to a member of Congress submitting a request involving the constituent when the constituent has requested assistance from the member concerning the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 7. A record from the system of records may be disclosed to contractor personnel, grantees, and cooperative agreement holders of components of the Department of Health and Human Services, including the National Institute for Occupational Safety and Health and the National Center for Environmental Health of the Centers for Disease Control and Prevention, and the Agency for Toxic Substances and Disease Registry pursuant to Memoranda of Understanding between the Department and the Department of Health and Human Services or its components. 8. A record from the system may be disclosed to contractors, grantees, participants in cooperative agreements, collaborating researchers, or their employees, in performance of health studies or related health or environmental duties pursuant to their contracts, grants, and cooperating or collaborating research agreements. In order to perform such studies, the Department, its contractors, grantees, participants in cooperative agreements, and collaborating researchers may disclose a record to: Federal, State and local health and medical agencies or authorities; subcontractors in order to determine a subject's vital status or cause of death; health care providers to verify a diagnosis or cause of death; or third parties to obtain current addresses for participants in health-related studies, surveys, and surveillance. All recipients of such records are required to comply with the Privacy Act, to follow prescribed measures to protect personal privacy, and to disclose or use personally identifiable information only for the above described research purposes. 9. A record from this system may be disclosed to members of DOE advisory committees, the Department of Health and Human Services Advisory Committee on Projects Related to Department of Energy Facilities, and to designated employees of Federal, State, or local government or government-sponsored entities authorized to provide advice to the DOE concerning health, safety, or environmental issues. All recipients of such records are required to comply with the Privacy Act, to follow prescribed measures to protect personal privacy, and to disclose or use personally identifiable information only for the purpose of providing advice to the DOE or to the Department of Health and Human Services. All recipients of such records are required to comply with the Privacy Act, to follow prescribed measures to protect personal privacy and to disclose or use personally identifiable information only for the purpose of providing advice to the DOE or to the Department of Health and Human Services. 10. A record from this system may be disclosed to Department of Health and Human Services, their contractors, grantees, and cooperative agreement holders, pursuant to the Energy Employees Occupational Illness Compensation Program Act of 2000, to estimate radiation doses and other workplace exposures received by Department of Energy and contractor employees. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 11. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records are stored as paper records. RETRIEVABILITY: Records may be retrieved by name. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: *Headquarters:* Director, Office of Contractor Human Resource Management, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585. *Field Offices:* The Managers of the “System Locations” listed above are the system managers for their respective portions of the system. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by the Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: The employer of the subject individual. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-7 SYSTEM NAME: Whistleblower Investigation, Hearings, and Appeals Records. SECURITY CLASSIFICATION: Classified and unclassified. SYSTEM LOCATION(S): *Headquarters:* U.S. Department of Energy, Office of Hearings and Appeals, 1000 Independence Avenue, SW., Washington, DC 20585-1615. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Current and former employees of the Department of Energy
(DOE)including National Nuclear Security Administration
(NNSA)employees, contractors and subcontractors whose complaints are received at the Office of Hearings and Appeals pursuant to Title 10, Code of Federal Regulations, Part 708, and pursuant to Section 3164 of the National Defense Authorization Act for FY 2000, Public Law 106-65, codified at 42 U.S.C. 7239. CATEGORIES OF RECORDS IN THE SYSTEM: Whistleblower reprisal complaints; names, social security numbers, case numbers, work and home addresses and telephone numbers, job titles, series, grade or pay levels; organization information; supervisors' names and telephone numbers; copies of employee records such as personnel actions, performance appraisals, pay and leave records, and security clearance documents; management reports; witness statements; affidavits; checklists; notes; reports of investigation; and relevant correspondence. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.* ; 50 U.S.C. 2401 *et seq.* ; 42 U.S.C. 2201(b), (c), (I), (p), 5814, 5815, 7251, 7254, 7255, 7257; 42 U.S.C. 7239. PURPOSE(S): The records are maintained and used by the DOE to document and resolve complaints made by employees of DOE and its contractors and subcontractors who allege retaliation by their employer for disclosure of information concerning danger to public or worker health or safety, substantial violations of law, or gross mismanagement; for participation in Congressional proceedings; or for refusal to participate in dangerous activities. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES: 1. A record from this system may be disclosed to any source from which additional information is requested when necessary to obtain information relevant to the processing of a whistleblower complaint by the Office of Hearings and Appeals. The source will be provided such information from the system of records only to the extent necessary to identify the individual, inform the source of the purpose(s) of the request, and to identify the type of information requested. 2. A record from this system may be disclosed as a routine use to the appropriate local, State or Federal agency in the event that a record within this system of records, alone or in conjunction with other information, indicates a violation or potential violation of law whether civil, criminal, or regulatory in nature, and whether or arising by general statute or particular program pursuant thereto. 3. A record from this system may be disclosed as a routine use for the purpose of an investigation, settlement of claims, or the preparation and conduct of litigation to
(1)persons representing the Department or assisting in such representation;
(2)others involved in the matter, their representatives and assistants; and 3) any other person possessing information pertaining to the matter, when it is necessary to obtain information or testimony relevant to the matter. 4. A record from this system may be disclosed as a routine use in court or administrative proceedings to the tribunals, counsel, other parties, witnesses, and the public (in publicly available pleadings, filings, or discussion in open court) when such disclosure
(1)is relevant to, and necessary for, the proceeding;
(2)is compatible with the purpose for which the Department collected the record; and
(3)the proceeding involves:
(a)The Department, its predecessor agencies, current or former contractor of the Department, or other United States Government agencies and their components, or
(b)A current or former employee of the Department and its predecessor agencies, current or former contractors of the Department, or United States Government agencies and their components, who is acting in an official capacity, or in any individual capacity where the Department or other United States Government agency has agreed to represent the employee. 5. A record from this system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to DOE officers and employees under the Privacy Act. 6. A record from this system may be disclosed as a routine use to a member of Congress submitting a request involving a constituent when the constituent has requested assistance from the member with respect to the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 7. Decisions, opinions, reports of investigation, orders and other determinations signed by investigators, hearing officers or the Director of the Office of Hearings and Appeals that are records contained in this system of records may be published for the general public, for precedential or educational purposes, in paper format and electronically on the Office of Hearings and Appeals' website, the current address of which is *http://www.oha.doe.gov.* 8. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper records and electronic media. RETRIEVABILITY: Records may be retrieved by complainant's name or other personal identifier or case number. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE records schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: Director, Office of Hearings and Appeals, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585-1615. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: The complainant; individuals and organizations that have pertinent knowledge about the subject of the complaint; those authorized by the complainant to furnish information; confidential informants; and Congressional offices. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: The system is exempt under subsections 552a (k)(1),
(2)and
(5)of the Privacy Act to the extent that information within the system meets the criteria of those subsections of the Act. Such information has been exempted from the provisions of subsections (c)(3); 5 U.S.C. 552a(d); 5 U.S.C. 552a(d) and (e)(1) of the Act; see the DOE Privacy Act regulation at Title 10, Code Federal Regulations, Part 1008. DOE-8 SYSTEM NAME: Intergovernmental Personnel Act
(IPA)Agreements. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, Headquarters, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585 U.S. Department of Energy, Headquarters, Germantown, 19901 Germantown Road, Germantown, MD 20585 U.S. Department of Energy, Alaska Power Administration, Federal Records Center, San Point Way, NE., Seattle, WA 98115 U.S. Department of Energy, NNSA Service Center Albuquerque, P.O. Box 5400, Albuquerque, NM 87185-5400 U.S. Department of Energy, Bonneville Power Administration, P.O. Box 3621, Portland, OR 97208 U.S. Department of Energy, Chicago Office, 9800 South Cass Avenue, Argonne, IL 60439 U.S. Department of Energy, Environmental Management Consolidated Business Center (EMCBC), 250 E. Fifth Street, Suite 500, Cincinnati, OH 45202 U.S. Department of Energy, Golden Field Office, 1617 Cole Boulevard, Golden, CO 80401 U.S. Department of Energy, Idaho Operations Office, 850 Energy Drive, Idaho Falls, ID 83401 U.S. Department of Energy, National Energy Technology Laboratory (Morgantown), P.O. Box 880, Morgantown, WV 26507 U.S. Department of Energy, National Energy Technology Laboratory (Pittsburgh), P.O. Box 10940, Pittsburgh, PA 15236-0940 U.S. Department of Energy, NNSA Nevada Site Office, P.O. Box 98518, Las Vegas, NV 89193-8518 U.S. Department of Energy, Office of Naval Reactors, Crystal City, VA 22202 U.S. Department of Energy, Oak Ridge Office, P.O. Box 2001, Oak Ridge, TN 37831 U.S. Department of Energy, Richland Operations Office, 825 Jadwin Avenue, P.O. Box 550, Richland, WA 99352 U.S. Department of Energy, Savannah River Operations Office, P.O. Box A, Aiken, SC 29801 U.S. Department of Energy, Schenectady Naval Reactors Office, P.O. Box 1069, Schenectady, NY 12301 U.S. Department of Energy, Southeastern Power Administration, 1166 Athens Tech Road, Elberton, GA 30635-4578 U.S. Department of Energy, Southwestern Power Administration, Williams Tower One, One West Third Street, Tulsa, OK 74103 U.S. Department of Energy, Strategic Petroleum Reserve Project Office, 900 Commerce Road East, New Orleans, LA 70123 U.S. Department of Energy, Western Area Power Administration, 12155 West Alameda Street, Lakewood, CO 80228-2802 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Individuals who are now, or have been, under an IPA agreement to or from the Department of Energy
(DOE)including the National Nuclear Security Administration (NNSA). CATEGORIES OF RECORDS IN THE SYSTEM: Name, home and work addresses, social security number, home and work telephone numbers, salary, and related correspondence. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.* ; 50 U.S.C. 2401 *et seq.* ; 5 U.S.C. Chapter 33, Subchapter VI, and 5 CFR Part 334. PURPOSE(S): The records are maintained and used by DOE to provide a basis for payments under the terms of the IPA agreements, provide employment histories, and provide information for reports and program evaluations. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from this system may be disclosed to State and local governments, institutions of higher education, Federally Funded Research and Development Centers, or other “eligible” organizations for the purpose of assigning prospective individuals for temporary periods. 2. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 3. A record from this system may be disclosed as a routine use to a member of Congress submitting a request involving a constituent when the constituent has requested assistance from the member of Congress with respect to the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 4. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as electronic media and paper records. RETRIEVABILITY: Records may be retrieved by name or social security number. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: *Headquarters:* Director of Human Capital Management, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585. *Field Offices:* The Human Capital Directors at the field locations listed above under “Systems Locations” are the system managers for their respective portions of this system. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by the Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: The subject individual and current or prospective employer. SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-9 SYSTEM NAME: Members of DOE Advisory Committees. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, Office of the Executive Secretariat, 1000 Independence Avenue, SW., Washington, DC 20585. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: All individuals who are members of a Department of Energy
(DOE)including the National Nuclear Security Administration
(NNSA)Advisory Committee. CATEGORIES OF RECORDS IN THE SYSTEM: Name, biographical information, home address and telephone number, work address and telephone number, type of business or organizational affiliation, present position with business or other organization, number of years in present position, other related experience, congressional district, and photographs. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.;* 50 U.S.C. 2401 *et seq.;* and the Federal Advisory Committee Act, 5 U.S.C. App. 2. PURPOSE(S): The records are maintained and used by the DOE to keep a current listing of advisory committee members. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from this system may be disclosed as a routine use to a member of Congress submitting a request involving the constituent when the constituent has requested assistance from the member concerning the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 2. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to DOE officers and employees under the Privacy Act. 3. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper records and electronic media. RETRIEVABILITY: Records may be retrieved by name. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: Headquarters: Director, Office of the Executive Secretariat, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” The request should include the requester's complete name, time period for which records are sought, and the office location(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: The subject individual, members of Congress, and public interest groups. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-10 SYSTEM NAME: Energy Employees Occupational Illness Compensation Program Act Files. SECURITY CLASSIFICATION: None. SYSTEM LOCATION(S): U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585 U.S. Department of Energy, 19901 Germantown Road, Germantown, MD 20874-1290 U.S. Department of Energy, Albany Research Center, 1450 Queen Avenue, SW., Albany, OR 97321 U.S. Department of Energy, NNSA Service Center Albuquerque, P.O. Box 5400, Albuquerque, NM 87185-5400 U.S. Department of Energy, Amarillo Site Operations, Highway 60, FM2373, Amarillo, TX 79177 U.S. Department of Energy, Bettis Atomic Power Laboratory, Bechtel Bettis, Inc., 814 Pittsburgh McKeesport Blvd., West Mifflin, PA 15122-0079 U.S. Department of Energy, Boston Regional Office, John F. Kennedy, Federal Bldg., Room 675, Boston, MA 02203-0002 U.S. Department of Energy, Bonneville Power Administration, P.O. Box 3621, Portland, OR 97208 U.S. Department of Energy, Chicago Regional Office, One South Wacker Drive, Chicago, IL 60606-4616 U.S. Department of Energy, Chicago Office, 9800 South Cass Avenue, Argonne, IL 60439 U.S. Department of Energy, Denver Regional Office, 1617 Cole Blvd., MS-1721, Golden, CO 80401 U.S. Department of Energy, Fernald Environmental Management Project, 7400 Wiley Road, Cincinnati, OH 45030 U.S. Department of Energy, General Atomics Site Office, 3550 General Atomic Court, B-7, Room 119, San Diego, CA 92121 U.S. Department of Energy, Golden Field Office, 1617 Cole Blvd., Golden, CO 80401 U.S. Department of Energy, Grand Junction Office, 2597 B 3/4 Road, Grand Junction, CO 81503 U.S. Department of Energy, Hanford Environmental Health Foundation, 3080 George Washington Way, Richland, WA 99352 U.S. Department of Energy, Idaho Operations Office, 850 Energy Drive, Idaho Falls, ID 83401 U.S. Department of Energy, Idaho National Engineering and Environmental Laboratory, CF 690 MS 4149, Scoville, ID 83415 U.S. Department of Energy, Kansas City Site Office, 2000 East 95th Street, Kansas City, MO 64141-3202 U.S. Department of Energy, Sandia Site Office, Pennsylvania & H Street, Albuquerque, NM 87185-5400 U.S. Department of Energy, Knolls Atomic Power Laboratory, 2401 River Road, Niskayuna, NY 12309 U.S. Department of Energy, Lawrence Berkeley National Laboratory, 1 Cyclotron Road, Berkeley, CA 94720 U.S. Department of Energy, University of California, Livermore Site Office, 7000 East Avenue, P.O. Box 808, L-1, Livermore, CA 94550 U.S. Department of Energy, Livermore Site Office, Nevada Test Site, University of California, P.O. Box 45, Mercury, NV 89023 U.S. Department of Energy, Lockheed Idaho Technical Center, 765 Lindsay Blvd., Idaho Falls, ID 84303 U.S. Department of Energy, The Office of Site Operations, 528 35th Street, Los Alamos, NM 87545 U.S. Department of Energy, Los Alamos National Laboratory, SM #30 Bikini Road, Los Alamos, NM 87545 U.S. Department of Energy, Miamisburg Environmental Management Project, 1 Mound Road, Miamisburg, OH 45343-0066 U.S. Department of Energy, National Energy Technology Laboratory (Morgantown), 3610 Collins Ferry Road, Morgantown, WV 26507-0880 U.S. Department of Energy, National Energy Technology Laboratory (Pittsburgh), 626 Cochrans Mill Road, Pittsburgh, PA 15236-0940 U.S. Department of Energy, National Renewable Energy Laboratory Area Office, 1617 Cole Blvd., Golden, CO 80401-3393 U.S. Department of Energy, NNSA Nevada Site Office, P.O. Box 98518, Las Vegas, NV 89193-8518 U.S. Department of Energy, Nevada Test Site Mercury, Nevada, Building 111, P.O. Box 677, Mercury, NV 89023-0677 U.S. Department of Energy, Oak Ridge Institute for Science and Education, 230 Warehouse Road, Bldg. 1916T2, Oak Ridge, TN 37830 U.S. Department of Energy, Oak Ridge National Laboratory, Bethel Valley Road, Oak Ridge, TN 37831 U.S. Department of Energy, Environmental Management Consolidated Business Center (EMCBC), 250 E. Fifth Street, Suite 500, Cincinnati, OH 45202 U.S. Department of Energy, Pacific Northwest National Laboratory, 902 Battelle Blvd., P.O. Box 999, Richland, WA 99352 U.S. Department of Energy, Paducah Site Office, 5600 Hobbs Road, West Paducah, KY 42086 U.S. Department of Energy, Philadelphia Regional Office, 1880 John F. Kennedy Blvd., Suite 501, Philadelphia, PA 19103-7483 U.S. Department of Energy, Portsmouth/Paducah Project Office, 3930 U.S. 23, Perimeter Road, Piketon, OH 45661 U.S. Department of Energy, Radiological & Environmental Health Laboratory, University of California, San Francisco, Box 0750, 3rd Avenue & Parnassos Avenue, San Francisco, CA 94143-0750 U.S. Department of Energy, Richland Operations Office, P.O. Box 550, Richland, WA 99352 U.S. Department of Energy, Sandia Site Office, 1515 Eubank Blvd., SE., Albuquerque, NM 87123 U.S. Department of Energy, Savannah River Ecology Laboratory, Drawer E, Aiken, SC 29802 U.S. Department of Energy, Savannah River Operations Office, P.O. Box A, Aiken, SC 29801 U.S. Department of Energy, Seattle Regional Office, 800 Fifth Avenue, Suite 3950, Seattle, WA 98104 U.S. Department of Energy, Stanford Linear Accelerator Center, 2575 Sand Hill Road, Menlo Park, CA 94025 U.S. Department of Energy, Stanford Site Office, 2575 Sand Hill Road, B-41, MS: 8-A, Menlo Park, CA 94025 U.S. Department of Energy, Stanford Synchrotron Radiology Laboratory, Stanford University, P.O. Box 4349, MS 69, Stanford, CA 94025 U.S. Department of Energy, Thomas Jefferson National Accelerator Facility, 12000 Jefferson Avenue, Newport News, VA 23606 U.S. Department of Energy, Waste Isolation Pilot Project Office, P.O. Box 3090, Carlsbad, NM 88221 U.S. Department of Energy, West Valley Demonstration Project, 10282 Rock Springs Road, West Valley, NY 14171-9799 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: This system of records covers individuals or their survivors who claim benefits under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA). These individuals include, but are not limited to, federal employees or survivors of federal employees, employees or survivors of employees of the Department of Energy including the National Nuclear Security Administration (NNSA), its predecessor agencies, and their contractors and subcontractors. CATEGORIES OF RECORDS IN THE SYSTEM: This system of records is created by DOE in response to requests from the Department of Labor (DOL), the National Institute for Occupational Safety and Health (NIOSH), and claimants for information for the adjudication of claims. The records are compiled as part of DOE's responsibilities under the EEOICPA. The system may contain, but is not limited to, the following kinds of records: Claim forms filed by or on behalf of claimants or their survivors seeking benefits under the EEOICPA; employment records; exposure records; medical reports; personnel security questionnaires; safety records or other incident reports, including but not limited to area sampling data, accidental releases, explosions, spills, etc.; and correspondence from individuals, the DOL, and the NIOSH. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.;* 50 U.S.C. 2401 *et seq.;* The Energy Employees Occupational Illness Compensation Program Act of 2000, Pub. L. 106-398. PURPOSE(S): The purpose of this system of records is to collect and maintain records needed by the Department to comply with the provisions of the EEOICPA. These provisions of the Act that govern DOE responsibilities with regard to providing information to NIOSH, and to the DOL include: § 734n(e), § 738o(f), § 7384q(d), § 7384w-1(b) and § 7385c-10(c) and (d). ROUTINE USERS OF THE RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES: 1. A record from this system may be disclosed as a routine use to DOE contractors (past and present) in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 2. A record from this system may be disclosed as a routine use to DOE financial assistance recipients in performance of their financial assistance agreements, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 3. A record from this system may be disclosed as a routine use to other state and federal agencies or entities whose mission entails reviewing or managing workers' compensation claims or administering other benefits programs. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 4. A record from this system may be disclosed as a routine use to members of a physician's panel(s) established to review and provide a determination regarding whether the illness or death that is the subject of an application for compensation arose out of and in the course of employment by or for DOE. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 5. A record from this system may be disclosed as a routine use to medical specialists in fields that include occupational medicine, pulmonology, immunology, toxicology, dermatology, hematology/oncology, rheumatology, neurology, neurotoxicology, psychiatry, psychology, endocrinology, pathology, and any other specialty that the physicians panel member(s) deem necessary to reach a conclusion in a case. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 6. A record from this system may be disclosed as a routine use to the personnel, contractors, grantees, and cooperative agreement holders of the Department of Labor, the Department of Health and Human Services, the Department of Justice, and other Federal agencies and their components, designated by the President to implement the Federal compensation program established by the Energy Employees Occupational Illness Compensation Program Act, for the purpose of assisting in the adjudication or processing of a claim under that Act. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 7. A record from this system may be disclosed as a routine use to the members and the staff of the DOE advisory committee established to provide advice on workers' compensation issues, and the members and the staff of an advisory board on Radiation and Worker Health required to be established under the Energy Employees Occupational Illness Compensation Program Act. All recipients of such records are required to comply with the Privacy Act, to follow prescribed measures to protect personal privacy, and to disclose or use personally identifiable information only for the purpose of providing advice relating to workers' compensation. 8. A record from this system may be disclosed as a routine use for the purpose of an investigation, settlement of claims, or the preparation and conduct of litigation to a
(1)persons representing the Department in the investigation, settlement or litigation, and to individuals assisting in such representation;
(2)others involved in the investigation, settlement, and litigation, and their representatives and individuals assisting those representatives;
(3)witness, potential witness, or their representatives and assistants; and
(4)any other person who possesses information pertaining to the matter, when it is necessary to obtain information or testimony relevant to the matter. 9. A record from this system may be disclosed as a routine use to the Department of Justice when DOE determines that an individual may be eligible for compensation under the Radiation Exposure and Compensation Act of 1990 (42 U.S.C. 2210, note, and as further clarified in 28 CFR Part 79), a compensation program administered by the Department of Justice. 10. A record from this system may be disclosed as a routine use to the appropriate local, State or Federal agency when the record alone or in conjunction with other information, indicates a violation or potential violation of law whether civil, criminal, or regulatory in nature. 11. A record from this system may be disclosed to the Department of Health and Human Services, their contractors, grantees, and cooperative agreement holders, pursuant to the Energy Employees Occupational Illness Compensation Program Act of 2000, to estimate radiation doses and other workplace exposures received by the Department of Energy and contractor employees. Those provided information under this routine use are subject to the same limitations applicable to the Department officers and employees under the Privacy Act. 12. A record from this system may be disclosed as a routine use to a member of Congress submitting a request involving the constituent when the constituent has requested assistance from the member concerning the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 13. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper records, microfilm, and electronic media. RETRIEVABILITY: Records may be retrieved by the name of the individual and social security number and at some locations by employee number. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: U.S. Department of Energy, Chief, Health, Safety and Security, Office of Health, Safety and Security, 1000 Independence Avenue, SW., Washington, DC 20585. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by the Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office location(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at the location where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures. RECORD SOURCE CATEGORIES: Records in this system will be obtained from sources, including, but not limited to the individual who is the subject of the records; physicians and other medical professionals; medical institutions; state and federal workers' compensation offices; family members of the subject; attorneys representing the individual; individuals' employer, including DOE and its contractors and subcontractors; medical laboratories; other state and federal agencies. SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE PRIVACY ACT: None. DOE-11 SYSTEM NAME: Emergency Operations Notification Call List. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, NNSA Service Center Albuquerque, P.O. Box 5400, Albuquerque, NM 87185-5400 U.S. Department of Energy, Bonneville Power Administration, P.O. Box 3621, Portland, OR 97208 U.S. Department of Energy, Chicago Office, 9800 South Cass Avenue, Argonne, IL 60439 U.S. Department of Energy, Golden Field Office, 1617 Cole Boulevard, Golden, CO 80401 U.S. Department of Energy, Headquarters, 1000 Independence Avenue, SW., Washington, DC 20585 U.S. Department of Energy, Idaho Operations Office, 850 Energy Drive, Idaho Falls, ID 83401 U.S. Department of Energy, National Energy Technology Laboratory (Morgantown), P.O. Box 880, Morgantown, WV 26507 U.S. Department of Energy, National Energy Technology Laboratory (Pittsburgh), P.O. Box 10940, Pittsburgh, PA 15236-0940 U.S. Department of Energy, Office of Naval Reactors, Crystal City, VA 22202 U.S. Department of Energy, NNSA Nevada Site Office, P.O. Box 98518, Las Vegas, NV 89193-8518 U.S. Department of Energy, Oak Ridge Office, P.O. Box 2001, Oak Ridge, TN 37831 U.S. Department of Energy, Environmental Management Consolidated Business Center (EMCBC), 250 E. Fifth Street, Suite 500, Cincinnati, OH 45202 U.S. Department of Energy, Pittsburgh Naval Reactors, P.O. Box 109, Pittsburgh, PA 15122 U.S. Department of Energy, Richland Operations Office, 825 Jadwin Avenue, P.O. Box 550, Richland, WA 99352 U.S. Department of Energy, Savannah River Operations Office, P.O. Box A, Aiken, SC 29801 U.S. Department of Energy, Schenectady Naval Reactors Office, P.O. Box 1069, Schenectady, NY 12301 U.S. Department of Energy, Southeastern Power Administration, 1166 Athens Tech Road, Elberton, GA 30635-4578 U.S. Department of Energy, Southwestern Power Administration, Williams Tower One, One West Third Street, Tulsa, OK 74103 U.S. Department of Energy, Strategic Petroleum Reserve Project Office, 900 Commerce Road East, New Orleans, LA 70123 U.S. Department of Energy, Western Area Power Administration, P.O. Box 3402, Golden, CO 80401 U.S. Department of Energy, Office of Repository Development, P.O. Box 364629, North Las Vegas, NV 89036-8629 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Department of Energy and National Nuclear Security Administration (hereinafter referred to collectively as “DOE”) senior officials, office directors, managers, key support staff, and DOE contractors involved in DOE emergency management and operations activities, Continuity of Government activities and Continuity of Operations activities. CATEGORIES OF RECORDS IN THE SYSTEM: Name, office telephone number, home telephone number, home address, pager numbers, cellular phone numbers, and electronic mail addresses. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Title 42, United States Code (U.S.C.), Section 7101 *et seq.* ; 50 U.S.C. 2401 *et seq.* ; The Homeland Security Act of 2002; and the Homeland Security Presidential Directive-5 (HSPD-5), “Management of Domestic Incidents.” PURPOSE(S): The records are maintained and used by DOE to create a list that will enable 24 hour contact with DOE personnel and contractors in the event of an emergency in order to marshal a coordinated, unified response to catastrophic events that may impact DOE facilities or activities. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to DOE officers and employees under the Privacy Act. 2. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. 3. A record of this system may be disclosed as a routine use for the purpose of an investigation, settlement of claims, or the preparation and conduct of litigation to
(1)persons representing the Department in the investigation, settlement or litigation, and to individuals assisting in such representation;
(2)others involved in the investigation, settlement and litigation, and their representatives and individuals assisting those representatives;
(3)witness, potential witness, or their representatives and assistants; and
(4)any other person who possesses information pertaining to the matter, when it is necessary to obtain information or testimony relevant to the matter. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper records and electronic media. RETRIEVABILITY: Records may be retrieved by name of the individual. SAFEGUARDS: Paper records are maintained in a secure area and locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security). Passwords are protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: Headquarters, Deputy Administrator for Defense Nuclear Nonproliferation in the National Nuclear Security Administration, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, in Title 10, Code of Federal Regulations, Part 1008.6, any individual may request whether a system of records maintained by DOE contains records about him/her and request access to those records. The request should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by the Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office location(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: The subject individual. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-12 SYSTEM NAME: Automated Materials and Property Systems (AMPS). SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, Headquarters, 1000 Independence Avenue, SW., Washington, DC 20585 U.S. Department of Energy, Germantown, 19901 Germantown Road, Germantown, MD 20784-1290 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Current Department of Energy
(DOE)including National Nuclear Security Administration
(NNSA)Headquarters employees who purchase supply products at the three Self Service Stores in the Washington, DC area and vicinity. CATEGORIES OF RECORDS IN THE SYSTEM: Name of DOE employee, badge number, organization, date of purchase, quantity, and price. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.;* 50 U.S.C. 2401 *et seq.;* 42 U.S.C. 7263, and 42 U.S.C. 5815G. PURPOSE(S): The records are maintained and used by the Department for billing purposes under the Working Capital Fund (WFC). The WCF issues bills to Headquarters program offices for both stock and non-stock supplies that were purchased for use by employees to perform their duties. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES: 1. A record from this system of records may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to DOE officers and employees under the Privacy Act. 2. A record in this system of records may be disclosed as a routine use to a member of Congress submitting a request involving the constituent when the constituent has requested assistance from the member concerning the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 3. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper records and electronic media. RETRIEVABILITY: Records may be retrieved by name and badge number of the DOE employee. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) ADDRESS: Headquarters: Director, Assets Management and Support Services Group, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notifications procedures above. Records are generally kept at locations where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: Sources of information for the system include: supplies and their respective price lists that are purchased and placed into the supply system for sale; purchases made by DOE employees; and the information contained on the employee's badge. SYSTEM EXEMPT FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-13 SYSTEM NAME: Payroll and Leave Records. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, Headquarters, 1000 Independence Avenue, SW., Washington, DC 20585 U.S. Department of Energy, NNSA Service Center Albuquerque, P.O. Box 5400, Albuquerque, NM 87185-5400 U.S. Department of Energy, Atlanta Regional Support Office, 730 Peachtree, NE, Suite 876, Atlanta, GA 30308 U.S. Department of Energy, Bonneville Power Administration, P.O. Box 3621, Portland, OR 97208 U.S. Department of Energy, Boston Regional Support Office, One Congress Street, Room 1101, Boston, MA 02203-0002 U.S. Department of Energy, Carlsbad Field Office, P.O. Box 3090, Carlsbad, NM 88221 U.S. Department of Energy, Chicago Office, 9800 South Cass Avenue, Argonne, IL 60439 U.S. Department of Energy, Golden Field Office, 1617 Cole Boulevard, Golden, CO 80401 U.S. Department of Energy, Idaho Operations Office, 850 Energy Drive, Idaho Falls, ID 83401 U.S. Department of Energy, National Energy Technology Laboratory (Morgantown), P.O. Box 880, Morgantown, WV 26507-0880 U.S. Department of Energy, National Energy Technology Laboratory (Pittsburgh), 626 Cochrans Mill Road, Pittsburgh, PA 15236-0940 U.S. Department of Energy, Naval Petroleum and Oil Shale Reserves, 907 N. Poplar, Suite 150, Casper, WY 82601 U.S. Department of Energy, Naval Petroleum Reserves in California, 1601 New Stine Road, Suite 240, Bakersfield, CA 93309 U.S. Department of Energy, Oak Ridge Office, P.O. Box 2001, Oak Ridge, TN 37831 U.S. Department of Energy, Office of Scientific & Technical Information, P.O. Box 62, Oak Ridge, TN 37831 U.S. Department of Energy, Environmental Management Consolidated Business Center (EMCBC), 250 E. Fifth Street, Suite 500, Cincinnati, OH 45202 U.S. Department of Energy, Philadelphia Regional Support Office, 1880 John F. Kennedy Boulevard, Suite 501, Philadelphia, PA 19103-7483 U.S. Department of Energy, Pittsburgh Naval Reactors Office, P.O. Box 109, West Mifflin, PA 15122-0109 U.S. Department of Energy, Richland Operations Office, P.O. Box 550, Richland, WA 99352 U.S. Department of Energy, Savannah River Operations Office, P.O. A, Aiken, SC 29801 U.S. Department of Energy, Seattle Regional Support Office, 800 Fifth Avenue, Suite 3950, Seattle, WA 98104 U.S. Department of Energy, Schenectady Naval Reactors Office, P.O. Box 1069, Schenectady, NY 12301 U.S. Department of Energy, Southeastern Power Administration, 1166 Athens Tech Road, Elberton, GA 30635-4578 U.S. Department of Energy, Southwestern Power Administration, Williams Tower One, One West Third Street, Tulsa, OK 74103 U.S. Department of Energy, Strategic Petroleum Reserve Project Office, 900 Commerce Road East, New Orleans, LA 70123 U.S. Department of Energy, Western Area Power Administration, P.O. Box 3402, Golden, CO 80401 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Department of Energy
(DOE)including National Nuclear Security Administration
(NNSA)personnel and consultants. CATEGORIES OF RECORDS IN THE SYSTEM: Time and attendance records, earning records, payroll actions, deduction information requests, authorizations for overtime and night differential, and Office of Personnel Management
(OPM)retirement records. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.* ; 50 U.S.C. 2401 *et seq.* ; Privacy Act of 1974, Pub. L. 93-579 (5 U.S.C. 552a); General Accounting Office Policy and Procedures Manual; Personal Responsibility and Work Opportunity Reconciliation Act, Pub. L. 104-193. PURPOSE(S): The records are maintained and used by the DOE to document historical information on employee wages, deductions, retirement benefits, and leave. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from this system may be disclosed as a routine use to the Department of Treasury to collect withheld taxes, process payroll payments, and issue savings bonds. 2. A record from this system may be disclosed as a routine use to the Internal Revenue Service to process Federal income tax payments and tax levies. 3. A record from this system may be disclosed as a routine use to state and local governments to process state and local income tax deductions and court ordered child support or alimony payments. 4. A record from this system may be disclosed as a routine use to OPM to establish and maintain retirement records and benefits. 5. A record from this system may be disclosed as a routine use to the Thrift Savings Board to update Section 401K type records and benefits. 6. A record from this system may be disclosed as a routine use to the Social Security Administration to establish Social Security records and benefits. 7. A record from this system may be disclosed as a routine use to the Department of Labor to process workmen's compensation claims. 8. A record from this system may be disclosed as a routine use to the Department of Defense to adjust military retirement. 9. A record from this system may be disclosed as a routine use to financial institutions to credit net check deposits, savings allotments, and discretionary allotments. 10. A record from this system may be disclosed as a routine use to the employee unions to credit accounts for employees with union dues deductions. 11. A record from this system may be disclosed as a routine use to health insurance carriers to process insurance claims. 12. A record from this system may be disclosed as a routine use to the General Accounting Office to verify accuracy and legality of disbursement. 13. A record from this system may be disclosed as a routine use to the Department of Veterans Affairs to evaluate veteran's benefits to which the individual may be entitled. 14. A record from this system may be disclosed as a routine use to States' departments of employment security to determine entitlement to unemployment compensation or other State benefits. 15. A record from the system may be disclosed as a routine use to the appropriate local, State or Federal agency when records alone or in conjunction with other 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 pursuant thereto. 16. A record from the system may be disclosed as a routine use to a federal, state, or local agency to obtain information relevant to a Departmental decision concerning the hiring or retention of an employee, the issuance of a security clearance, the letting of a contract, or the issuance of a license, grant, or other benefit. The Department must deem such disclosure to be compatible with the purpose for which the Department collected the information. 17. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to DOE officers and employees under the Privacy Act. 18. A record from this system of records may be disclosed as a routine use to a member of Congress submitting a request involving the constituent when the constituent has requested assistance from the member concerning the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 19. A record from this system may be disclosed as a routine use to the Office of Child Support Enforcement, Administration for Children and Families, Department of Health and Human Services, Federal Parent Locator System
(FPLS)and Federal Tax Offset System to locate individuals and identify their income sources to establish paternity, establish and modify orders of support, and for enforcement action. 20. A record from this system may be disclosed as a routine use to the Office of Child Support Enforcement, Administration for Children and Families, Department of Health and Human Services, FPLS and Federal Tax Offset System, for release to the Social Security Administration to verify social security numbers in connection with the operation of the FPLS by the Office of Child Support Enforcement. 21. A record from this system may be disclosed as a routine use to the Office of Child Support Enforcement, Administration for Children and Families, Department of Health and Human Services, FPLS and Federal Tax Offset System, for release to the Department of Treasury to administer the Earned Income Tax Credit Program (Section 32, Internal Revenue Code of 1986) and verify a claim with respect to employment in a tax return. 22. A record from this system may be disclosed as a routine use to the Defense Finance and Accounting Service
(DFAS)so that DFAS may perform payroll processing services for DOE. These services may include the issuance of salary payments to employees and distribution of wages; and the distribution of allotments and deductions to financial and other institutions, many of which are through electronic funds transfer. 23. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper records and electronic media. RETRIEVABILITY: Records may be retrieved by name, social security number, and payroll number. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: *Headquarters:* Director, Office of Financial Accounting, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585. *Field Offices:* The Managers of the DOE offices of the “System Locations” listed above are the system managers for their respective portions of this system. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: The subject individual, supervisors, timekeepers, official personnel records, and the Internal Revenue Service. SYSTEM EXEMPT FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-14 SYSTEM NAME: Report of Compensation. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, Headquarters, 1000 Independence Avenue, SW., Washington, DC 20585 U.S. Department of Energy, NNSA Service Center Albuquerque, P.O. Box 5400, Albuquerque, NM 87185-5400 U.S. Department of Energy, Chicago Office, 9800 South Cass Avenue, Argonne, IL 60439 U.S. Department of Energy, Golden Field Office, 1617 Cole Boulevard, Golden, CO 80401 U.S. Department of Energy, Idaho Operations Office, 850 Energy Drive, Idaho Falls, ID 83401 U.S. Department of Energy, National Energy Technology Laboratory (Morgantown), P.O. Box 880, Morgantown, WV 26507-0880 U.S. Department of Energy, National Energy Technology Laboratory (Pittsburgh), P.O. Box 10940, Pittsburgh, PA 15236-0940 U.S. Department of Energy, Naval Petroleum Reserves in California, P.O. Box 11, Tupman, CA 93276 U.S. Department of Energy, Naval Petroleum and Oil Shale Reserves, 907 North Poplar, Suite 150, Casper, WY 82601 U.S. Department of Energy, Oak Ridge Office, P.O. Box E, Oak Ridge, TN 37830 U.S. Department of Energy, Pittsburgh Naval Reactors, P.O. Box 109, Pittsburgh, PA 15122 U.S. Department of Energy, Richland Operations Office, P.O. Box 550, Richland, WA 99352 U.S. Department of Energy, Savannah River Operations Office, P.O. Box A, Aiken, SC 29801 U.S. Department of Energy, Schenectady Naval Reactors Office, P.O. Box 1069, Schenectady, NY 12301 U.S. Department of Energy, Strategic Petroleum Reserve Office, 9000 Commerce Road East, New Orleans, LA 70123 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Employees of Department of Energy
(DOE)including National Nuclear Security Administration
(NNSA)employees, and contractors performing and operating onsite service work in the DOE-owned or controlled facilities, including long-term architect-engineering and cost-reimbursement construction contractors. CATEGORIES OF RECORDS IN THE SYSTEM: Name, job title, contractor, current salary up to $100,000, amount reimbursed, and other compensation (actual and amount reimbursed). AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.* and 50 U.S.C. 2401 *et seq.* PURPOSE(S): The records are maintained and used by the DOE to aid Managers of Field Offices, Program Secretarial Officers and Headquarters Program Managers in determining the reasonableness of compensation paid to top level contractor employees and to monitor the growth of contractor compensation at all levels. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from this system may be disclosed as a routine use for the purpose of an investigation, settlement of claims, or the preparation and conduct of litigation to
(1)persons representing the Department in the investigation, settlement or litigation, and to individuals assisting in such representation;
(2)others involved in the investigation, settlement, and litigation, and their representatives and individuals assisting those representatives;
(3)witness, potential witness, or their representatives and assistants, and any other person who possesses information pertaining to the matter, when it is necessary to obtain information or testimony relevant to the matter. 2. A record from this system may be disclosed as a routine use in court or administrative proceedings to the tribunals, counsel, other parties, witnesses, and the public (in publicly available pleadings, filings or discussion in open court) when such disclosure:
(1)Is relevant to, and necessary for, the proceeding;
(2)is compatible with the purpose for which the Department collected the records; and
(3)the proceedings involve:
(a)The Department, its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, or
(b)A current or former employee of the Department and its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, who is acting in an official capacity, or in any individual capacity where the Department or other United States Government agency has agreed to represent the employee. 3. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to DOE officers and employees under the Privacy Act. 4. A record from this system may be disclosed as a routine use to a member of Congress submitting a request involving the constituent when the constituent has requested assistance from the member concerning the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 5. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as magnetic tape and paper records. RETRIEVABILITY: Records may be retrieved by name. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: *Headquarters:* Director, Office of Contractor and Resource Management, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585. *Field Offices:* The Managers of the “System Locations” listed above are the system managers for their respective portions of this system. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by the Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office location(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: Contractor salary administrative personnel. SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-15 SYSTEM NAME: Intelligence-Related Access Authorization. SECURITY CLASSIFICATION: Classified and unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, Office of Intelligence, 1000 Independence Avenue, SW., Washington, DC 20585 U.S. Department of Energy, Livermore Site Office, 7000 East Avenue, B-261, Livermore, CA 94551 U.S. Department of Energy, Idaho National Engineering & Environmental Laboratory Systems Analysis Facility, 2271 N. Boulevard, Idaho Falls, ID 83403 U.S. Department of Energy, Nevada Site Office, P.O. Box 98518, Las Vegas, NV 89193-8518 U.S. Department of Energy, Pacific Northwest National Laboratory, Energy & Environmental Sciences Building (EESB), 3230 Q Avenue, Richland, WA 99352 U.S. Department of Energy, Sandia Site Office, Center for National Security & Arms Control, Building 810W, Albuquerque, NM 87185 U.S. Department of Energy, Remote Sensing Laboratory, EG&G/EM, 4600 N. Hollywood Blvd., Nellis AFB, Bldg. 2211, Las Vegas, NV 89191-6403 U.S. Department of Energy, Los Alamos National Laboratory, Nonproliferation & National Security, TA-3, Building SM-43, Los Alamos, NM 87544 U.S. Department of Energy, Savannah River Operations Office, Savannah River Technology Center, Technical Area 700, Bldg. 735-A, New Ellington, SC 29809 U.S. Department of Energy, Special Technologies Laboratory, 5520 Elkwill Street, Santa Barbara, CA 93111 U.S. Department of Energy, Lockheed Martin Energy Systems, P.O. Box 2003, Blair Road, Oak Ridge, TN 37831-7312 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Current and former DOE employees including National Nuclear Security Administration
(NNSA)employees, and contractor employees; applicants for employment at DOE; individuals who may be assigned or detailed to Federal positions at DOE; consultants to DOE. CATEGORIES OF RECORDS IN THE SYSTEM: The following information may be maintained in the system: Results of background investigations, law enforcement records, reports and files; reports on foreign contacts/travel; records, reports and files received from other DOE elements and other Federal agencies related to intelligence activities; polygraph examination records, reports and videotapes of the polygraph session; eligibility evaluation reports; and electronic mail stored on CD. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.* ; 50 U.S.C., 2401 *et seq.* ; The Atomic Energy Act of 1954, as amended; 42 U.S.C. 7239; Executive Order 12333, United States Intelligence Activities (December 4, 1981); Department of Energy Procedures for Intelligence Activities, approved by the Attorney General under Executive Order 12333 (October 19, 1992); Executive Order 12958, Classified National Security Information (April 17, 1995); Executive Order 12968, Access to Classified Information (August 2, 1995); Presidential Decision Directive-61, U.S. Department of Energy Counterintelligence Program, and DOE Order 5670.1A, Management and Control of Foreign Intelligence. PURPOSE(S): The records are maintained and used by the DOE to conduct eligibility determinations, adjudications, revocations and appeals from denials and revocations. Under DOE Order 5670.1A the Director of Intelligence is directed to control access to and use of Sensitive Compartmented Information
(SCI)and other classified Intelligence information bearing the Director, Central Intelligence
(DCI)authorized control markings; and approve access to SCI in compliance with DCI directives. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES: 1. A record from the system may be disclosed as a routine use to the appropriate local, state or federal agency when records alone, or in conjunction with other information, indicate a violation or potential violation of law whether civil, criminal, or regulatory in nature, and whether arising by general statute or particular program pursuant thereto. 2. A record from the system may be disclosed as a routine use to a federal, state or local agency to obtain information relevant to a Departmental decision concerning the hiring or retention of an employee, the issuance of a security clearance, the letting of a contract, or the issuance of a license, grant, or other benefit. The Department must deem such disclosure to be compatible with the purpose for which the Department collected the information. 3. A record from this system may be disclosed to a federal agency to facilitate the requesting agency's decision concerning the hiring or retention of an employee, the issuance of a security clearance, the reporting of an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or other benefit, to the extent that the information is relevant and necessary to the requesting agency's decision on the matter. The Department must deem such disclosure to be compatible with the purpose for which the Department collected the information. 4. A record from this system may be disclosed as a routine use for the purpose of an investigation, settlement of claims, or the preparation and conduct of litigation to
(1)a person representing the Department in the investigation, settlement or litigation, and to individuals assisting in such representation;
(2)others involved in the investigation, settlement, and litigation, and their representatives and individuals assisting those representatives; and
(3)a witness, potential witness, or their representatives and assistants, and any person possessing information pertaining to the matter when it is necessary to obtain information or testimony relevant to the matter, the reporting of an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or other benefit, to the extent that the information is relevant and necessary to the requesting agency's decision on the matter. 5. A record from this system may be disclosed as a routine use in court or administrative proceedings to the tribunals, counsel, other parties, witnesses, and the public (in publicly available pleadings, filings or discussion in open court) when such disclosure:
(1)Is relevant to and necessary for, the proceeding;
(2)compatible with the purpose for which the Department collected the records; and
(3)the proceedings involve:
(a)The Department, its predecessor agencies, current or former contractor of the Department, or other United States Government agencies and their components, or
(b)A current or former employee of the Department and its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, who is acting in an official capacity or in any individual capacity where the Department or other United States Government agency has agreed to represent the employee. 6. A record from this system may be disclosed as a routine use to foreign governments in accordance with treaties, international conventions, or executive agreements. 7. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to DOE officers and employees under the Privacy Act. 8. A record from the system of records may be disclosed to a member of Congress submitting a request involving the constituent when the constituent has requested assistance from the member concerning the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 9. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM STORAGE: Records may be stored as paper records, electronic media, and videotapes. RETRIEVABILITY: Records may be retrieved by name and/or social security number. SAFEGUARDS: Paper records and videotapes are maintained in locked cabinets. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), secured for classified information and are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: *Headquarters:* Director, Office of Intelligence, U.S. Department of Energy, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585. *Field Offices:* The managers of the System Locations listed above are the system managers for their respective portions of this system. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the Director, Headquarters Freedom of Information Act and Privacy Act Group, U.S. Department of Energy, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by the Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where work is performed. In accordance with DOE's Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: The subject individual, present and former DOE employees and DOE contractor employees; consultants; publicly available material; other agencies within the Intelligence Community; other agencies within the U.S. Government, other offices within the DOE; the FBI, and other Federal, State and local law enforcement agencies; and sources contacted during investigations. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: This system is exempt pursuant to (k)(1),
(2)and
(5)of the Privacy Act, 5 U.S.C. 552a, to the extent that information within the system meets the requirements of those subsections of the Act. To the extent the information in this system of records is exempt pursuant to 5 U.S.C. 552a(k)(1),
(2)and (5), the system has been further exempted from subsections (c)(3) and (4), (d), (e)(1), (e)(4)(G) and
(H)and
(f)of 5 U.S.C. 552a under the Privacy Act of 1974. See DOE's Privacy Act Regulation at 10 CFR Part 1008.12. DOE-16 SYSTEM NAME: Federal Employee Subsidy Program Records. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, Headquarters, 1000 Independence Avenue, SW., Washington, DC 20585 U.S. Department of Energy, NNSA Service Center Albuquerque, P.O. Box 5400, Albuquerque, NM 87185-5400 U.S. Department of Energy, Bonneville Power Administration, P.O. Box 3621, Portland, OR 97208 U.S. Department of Energy, Chicago Office, 9800 South Cass Avenue, Argonne, IL 60439 U.S. Department of Energy, Golden Field Office, 1617 Cole Boulevard, Golden, CO 80401 U.S. Department of Energy, Idaho Operations Office, 850 Energy Drive, Idaho Falls, ID 83401 U.S. Department of Energy, National Energy Technology Laboratory (Morgantown), P.O. Box 880, Morgantown, WV 26505 U.S. Department of Energy, National Energy Technology Laboratory (Pittsburgh), P.O. Box 10940, Pittsburgh, PA 15122 U.S. Department of Energy, Nevada Site Office, P.O. Box 98518, Las Vegas, NV 89193-8518 U.S. Department of Energy, Oak Ridge Office, P.O. Box E, Oak Ridge, TN 37830 U.S. Department of Energy, Environmental Management Consolidated Business Center (EMCBC), 250 E. Fifth Street, Suite 500, Cincinnati, OH 45202 U.S. Department of Energy, Pittsburgh Naval Reactors, P.O. Box 109, Pittsburgh, PA 15122 U.S. Department of Energy, Richland Operations Office, P.O. Box 550, Richland, WA 99352 U.S. Department of Energy, Savannah River Operations Office, P.O. Box A, Aiken, SC 29801 U.S. Department of Energy, Schenectady Naval Reactors Office, P.O. Box 1069, Schenectady, NY 12301 U.S. Department of Energy, Southeastern Power Administration, 1166 Athens Tech Road, Elberton GA 30635-4578 U.S. Department of Energy, Southwestern Power Administration, Williams Tower One, One West Third Street, Tulsa, OK 74103 U.S. Department of Energy, Strategic Petroleum Reserve Project Office, 900 Commerce Road East, New Orleans, LA 70123 U.S. Department of Energy, Western Area Power Administration, P.O. Box 3402, Golden, CO 80401 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Current and former Department of Energy
(DOE)including National Nuclear Security Administration
(NNSA)employees, who participate in the child care assistance program and the Transit Subsidy Program (Commuter Choice). CATEGORIES OF RECORDS IN THE SYSTEM:
(1)Child Care Tuition Assistance—Program Application forms for child care tuition assistance containing personal information, including employee's (parent) name, social security number, grade, home and work telephone numbers, home address, salary and total family income, other child care subsidies, and each child's name and date of birth; earnings statements; income tax returns.
(2)Transit Subsidy Program (Commuter Choice)—Application forms that contain personal information, including employee's name, social security number, home and work telephone numbers, home address, and method(s) and cost(s) of commuting; and records of vouchers or payments distributed. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Child Care Tuition Assistance Program—Pub. L. 106-58, section 643 and E.O. 9397; Transit Subsidy Program (Commuter Choice)—Transportation Equity Act of 1998, E.O 13150, and 26 CFR Parts 1 and 602. PURPOSE(S): The records are used by the Department to determine eligibility for a program, administer the program, make payments to child care providers or providers of transportation and/or parking services, and/or reimburse employees for transportation and/or parking expenses. OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from this system may be disclosed as a routine use to local and state officials and child care providers in determining eligibility for child care tuition assistance that is available through their programs. 2. A record from this system may be disclosed as a routine use to a panel of DOE employees to determine the amount of the child care subsidy with names and social security numbers deleted. 3. A record from this system may be disclosed as a routine use to other agency and/or public transportation officials when they assist in administering the Department's transit subsidy program. 4. A record from this system may be disclosed to union officials acting in their official capacity as a representative of the affected employee under 5 U.S.C. Chapter 71. 5. A record from this system may be disclosed to a member of Congress submitting a request involving a constituent when the constituent has requested assistance from the member concerning the subject of the record; the member must provide a copy of the constituent's request for assistance. 6. A record from this system may be disclosed as a routine use for the purpose to investigate, settle a claim, or prepare and conduct litigation to
(a)a person representing the Department or assisting in such representation;
(b)others involved in the matter, their representatives, and persons assisting such persons; and
(c)witnesses, potential witnesses, their representatives and assistants, and any other persons possessing information pertaining to the matter when it is necessary to obtain information or testimony relevant to the matter. 7. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper records and electronic data. RETRIEVABILITY: Records may be retrieved by the name of the applicant or other personal identifier, such as a social security number. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established computer procedures within DOE and its representatives and they are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE records schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS(ES): *Headquarters:* Director of Human Capital Management, U.S. Department of Energy, 1000 Independence Ave, SW., Washington, DC 20585. *Field Offices:* The Human Capital Directors of the “System Locations” listed above are the system managers for their respective portions of this system. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by the Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester’s complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORD ACCESS PROCEDURES: Same as Notification procedures above. Records generally are kept at locations where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORDS PROCEDURES: Same as Notification procedures above. RECORD SOURCE CATEGORIES: The applicant, and applicable management officials, child care subsidy providers, transportation officials, and reports. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-18 SYSTEM NAME: Financial Accounting System. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, Headquarters, 19901 Germantown Rd., Germantown, MD, 20874 U.S. Department of Energy, Headquarters, 1000 Independence Avenue, SW., Washington, DC 20585 U.S. Department of Energy, NNSA Service Center Albuquerque, P.O. Box 5400, Albuquerque, NM 87185-5400 U.S. Department of Energy, Atlanta Regional Support Office, 730 Peachtree, NE, Suite 876, Atlanta, GA 30308 U.S. Department of Energy, Bonneville Power Administration, P.O. Box 3621, Portland, OR 97208 U.S. Department of Energy, Boston Regional Support Office, One Congress Street, Room 1101, Boston, MA 021144-2021 U.S. Department of Energy, Carlsbad Field Office, P.O. Box 3090, Carlsbad, NM 88221 U.S. Department of Energy, Chicago Office, 9800 South Cass Avenue, Argonne, IL 60439 U.S. Department of Energy, Environmental Management Consolidated Business Center (EMCBC), 250 E. Fifth Street, Suite 500, Cincinnati, OH 45202 U.S. Department of Energy, Golden Field Office, 1617 Cole Boulevard, Golden, CO 80401 U.S. Department of Energy, Idaho Operations Office, 850 Energy Drive, Idaho Falls, ID 83401 U.S. Department of Energy, National Energy Technology Laboratory (Morgantown), P.O. Box 880, Morgantown, WV 26507-0880 U.S. Department of Energy, National Energy Technology Laboratory (Pittsburgh), 626 Cochrans Mill Road, Pittsburgh, PA 15236-0940 U.S. Department of Energy, Naval Petroleum and Oil Shale Reserves, 907 N. Poplar, Suite 150, Casper, WY 82601 U.S. Department of Energy, Naval Petroleum Reserves in California, 1601 New Stine Road, Suite 240, Bakersfield, CA 93309 U.S. Department of Energy, NNSA Nevada Site Office, P.O. Box 98518, Las Vegas, NV 89193-8518 U.S. Department of Energy, Oak Ridge Office, P.O. Box 2001, Oak Ridge, TN 37831 U.S. Department of Energy, Office of Scientific & Technical Information, P.O. Box 62, Oak Ridge, TN 37831 U.S. Department of Energy, Philadelphia Regional Support Office, 1880 John F. Kennedy Boulevard, Suite 501, Philadelphia, PA 19103-7483 U.S. Department of Energy, Pittsburgh Naval Reactors Office, P.O. Box 109, West Mifflin, PA 15122-0109 U.S. Department of Energy, Richland Operations Office, P.O. Box 550, Richland, WA 99352 U.S. Department of Energy, Savannah River Operations Office, P.O. Aiken, SC 29801 U.S. Department of Energy, Seattle Regional Support Office, 800 Fifth Avenue, Suite 3950, Seattle, WA 98104 U.S. Department of Energy, Schenectady Naval Reactors Office, P.O. Box 1069, Schenectady, NY 12301 U.S. Department of Energy, Southeastern Power Administration, 1166 Athens Tech Road, Elberton, GA 30635-4578 U.S. Department of Energy, Southwestern Power Administration, Williams Tower One, One West Third Street, Tulsa, OK 74103 U.S. Department of Energy, Strategic Petroleum Reserve Project Office, 900 Commerce Road East, New Orleans, LA 70123 U.S. Department of Energy, Western Area Power Administration, P.O. Box 3402, Golden, CO 80401 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Employees, former employees, current and former contractor employees, vendors and others who are either due money from or owe money to the Department of Energy
(DOE)including the National Nuclear Security Administration (NNSA). CATEGORIES OF RECORDS IN THE SYSTEM: Name, address, telephone number, date of birth, employment date, gender, tax payer identification number; amount owed and services or goods received; amounts due; underpayments, overpayments and, or other accounting information; invoice number; servicing bank name and address; account number; amount and status of claim; history of claim, including collection actions taken. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.; the GAO Policy and Procedures Manual; Statement of Federal Financial Accounting Standards published by the Government Accountability Office and the Office of Management and Budget; Debt Collection Improvement Act of 1996, 31 U.S.C. 3512; 5 U.S.C. 5701-09; Federal Property Management Regulations 101-107; Treasury Financial Manual; Executive Order 12009; and Executive Order 9397. PURPOSE(S): The records are maintained and used by the DOE to substantiate obligations and payments to individuals for goods and services received by the agency and to record and manage the Department's accounts receivables. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from this system may be disclosed as a routine use to the appropriate local, state or Federal agency when that record alone or in conjunction with other 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 thereto. 2. A record from this system may be disclosed as a routine use to a Federal agency to facilitate the requesting agency's decision concerning the hiring or retention of an employee, the issuance of a security clearance, the reporting of an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or other benefit, to the extent that the information is relevant and necessary to the requesting agency's decision on the matter. The Department must deem such disclosure to be compatible with the purpose for which the Department collected the information. 3. A record from the system may be disclosed as a routine use for the purpose of an investigation, settlement of claims, or the preparation and conduct of litigation to
(1)a person representing the Department in the investigation, settlement or litigation, and to individuals assisting in such representation;
(2)others involved in the investigation, settlement, and litigation, and their representatives and individuals assisting those representatives; and
(3)witness, potential witness, or their representatives and assistants, and any other person who possesses information pertaining to the matter, when it is necessary to obtain information or testimony relevant to the matter. 4. A record from this system may be disclosed as a routine use to other federal agencies, consumer reporting agencies for acquiring credit information, and collection agencies to aid in the collection of outstanding debts owed to the Federal Government. 5. A record from this system may be disclosed as a routine use to Defense Manpower Data Center, Department of Defense, the United States Postal Service, and other federal, state, or local agencies to identify and locate, through computer matching, individuals indebted to DOE who are receiving federal salaries or benefit payments. Information from the match will be used to collect the debts by voluntary repayment, by administrative offset, or by salary offset procedures. 6. A record from the system may be disclosed as a routine use to the Internal Revenue Service
(1)to collect the debt by offset against the debtor's tax refunds under the Federal Tax Refund Offset Program, and
(2)to obtain the mailing address of a taxpayer to collect a debt owed to the DOE. Subsequent disclosure by DOE to a consumer reporting agency is limited to the purpose of obtaining a commercial credit report on the particular taxpayer. The mailing address information will not be used for any other DOE purpose or disclosed by DOE to another federal, state, or local agency which seeks to locate the same individual for its own debt collection purpose. 7. A record from the system may be disclosed as a routine use to the Department of Treasury for the purpose of administrative offset and debt recovery under section 31001 (m)(1) of the Debt Collection Improvement Act of 1996 (Pub. L. 104-134). 8. A record of this system may be disclosed as a routine use to the Department of Treasury for the purpose of paying creditors for services or goods provided to the Department. 9. A record from this system may be disclosed as a routine use to a “consumer reporting agency” as defined by the Fair Credit Reporting Act, 15 U.S.C. 1681a(f), or the Federal Claims Collections Act of 1966, 31 U.S.C. 3701(a)(3), in accordance with 31 U.S.C. 3711(f). 10. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those individuals provided information under this routine use are subject to the same limitations applicable to DOE officers and employees under the Privacy Act. 11. A record from this system of records may be disclosed as a routine use to a member of Congress submitting a request involving the constituent when the constituent has requested assistance from the member concerning the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 12. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper records, electronic media and magnetic tapes. RETRIEVABILITY: Records may be retrieved by name, taxpayer identification number, voucher, invoice, or payment reports. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: Headquarters: Director, Office of the Chief Financial Officer, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by the Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: Subject individual, contracting officer, and accounting records. SYSTEM EXEMPT FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-21 SYSTEM NAME: Asset Readiness Management System (ARMS). SECURITY CLASSIFICATION: Classified and Unclassified. SYSTEM LOCATION(S): *Headquarters:* U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Federal employees including DOE and National Nuclear Security Administration
(NNSA)employees, military personnel, and contractors. CATEGORIES OF RECORDS IN THE SYSTEM: The following information may be maintained in the system: Name, home address, home and work telephone numbers, e-mail address, social security number, employee number, date of hire, DOE badge number, security clearance number, date of birth, tourist passport number, official passport number, education level, blood type, immunization record, and other medical information. AUTHORITY OF MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.;* 50 U.S.C. 2401 *et seq.;* Homeland Security Presidential Directive 5 (HSPD-5), “Management of Domestic Incidents,” The Homeland Security Act of 2002, P.L. 107-296, 116 Stat. 2135 (Nov. 25, 2002), Robert T. Stafford Disaster Relief and Emergency Assistance Act, P.L. 106-390, 114 Stat. 1552-1575 (October 30, 2000). PURPOSE: The records will be maintained and used by the Office of Emergency Response to quantify, monitor, and track readiness of and deploy personnel and equipment as part of a coordinated Federal government response to an emergency involving nuclear and/or radiological materials. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from this system may be disclosed as a routine use to officials of the Federal Bureau of Investigation, Department of Defense, Nuclear Regulatory Commission, Environmental Protection Administration, National Aeronautics Space Administration, Department Homeland Security, and Department of State who have been approved as agents by NNSA Office of Emergency Response for purposes of managing and assessing state of readiness, to obtain visas for official foreign travel, and to provide information to gain access to incident areas controlled by one or more U.S. government agencies under the National Response Plan. 2. A record from this system may be disclosed as a routine use to a DOE contractor employee who has been approved as an agent by NNSA Office of Emergency Response in performance of the contract. Those provided information under this routine use are subject to the same limitations applicable to DOE officers and employees under the Privacy Act. 3. A record from this system may be disclosed to a member of Congress submitting a request involving a constituent when the constituent has requested assistance from the member concerning the subject of the record; the member must provide a copy of the constituent's request for assistance. 4. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records will be stored as electronic records in a computer database. RETRIEVABILITY: Records may be retrieved by name, employee number, e-mail address, work telephone number, and home telephone number. SAFEGUARDS: Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Passwords are known only by the system administrator and users of the system. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS(ES): *Headquarters:* U.S. Department of Energy, Director, Office of Emergency Response, National Nuclear Security Administration, 1000 Independence Avenue, SW., Washington, DC 20585. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer. The request should include the requester's complete name and time period for which records are sought. RECORD ACCESS PROCEDURES: Same as Notification Procedures above. In accordance with the DOE Privacy Act regulation, proper identification is required before the request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: The subject individual and site training records. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE PRIVACY ACT: None. DOE-23 SYSTEM NAME: Property Accountability System. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, Headquarters, 1000 Independence Avenue, SW., Washington, DC 20585 U.S. Department of Energy, Bonneville Power Administration, P.O. Box 3621, Portland, OR 97208 U.S. Department of Energy, National Energy Technology Laboratory (Pittsburgh), P.O. Box 10940, Pittsburgh, PA 15236-0940 U.S. Department of Energy, Richland Operations Office, P.O. Box 550, Richland, WA 99352 U.S. Department of Energy, Southeastern Area Power Administration, 2 S. Public Square, Elberton, GA 30635-2496 U.S. Department of Energy, Southwestern Power Administration, Williams Tower One, One West Third Street, Tulsa, OK 74103 U.S. Department of Energy, Western Area Power Administration, P.O. Box 3402, Golden, CO 80401 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Department of Energy
(DOE)including National Nuclear Security Administration
(NNSA)employees, and contractor employees authorized to be custodians of controlled DOE equipment. CATEGORIES OF RECORDS IN THE SYSTEM: Item description, date of purchase, acquire date, purchase price, purchase order number, vendor and manufacturer, model/serial/license number, property tag identification, status/date, condition of property, operation number, high risk field, disposal code, responsible officer, the name and employee identification and position numbers of employees assigned equipment, account numbers, organization, organization code, and location. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.* ; 50 U.S.C. 2401 *et seq.* ; Federal Property and Administrative Services Act of 1949, Section 202(b), 40 U.S.C. 483(b); and 41 CFR 109, Federal Property Management Regulation (FPMR), Subchapter E, Part 109. PURPOSE(S): The records are maintained and used by the DOE
(a)to provide inventories to satisfy other Federal Procurement Management Regulation requirements;
(b)to maintain a record of location of emergency equipment;
(c)to control equipment assignments authorized under union contracts;
(d)to provide management information necessary for the budgeting and allocation of equipment; and
(e)to provide evidence of assignment, location, and value in the event that government property is stolen. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from this system may be disclosed as a routine use to any law enforcement agency as needed to provide evidence of assignment, location, and value in the event that Government property is stolen. 2. A record from the system may be disclosed as a routine use to the appropriate local, state or federal agency when records alone or in conjunction with other 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 pursuant thereto. 3. A record from this system may be disclosed as a routine use for the purpose of an investigation, settlement of claims, or the preparation and conduct of litigation to
(1)persons representing the Department in the investigation, settlement or litigation, and to individuals assisting in such representation;
(2)others involved in the investigation, settlement, and litigation, and their representatives and individuals assisting those representatives; and
(3)witness, potential witness, or their representatives and assistants, and any other person who possess information pertaining to the matter when it is necessary to obtain information or testimony relevant to the matter. 4. A record from this system may be disclosed as a routine use in court or administrative proceedings to the tribunals, counsel, other parties, witnesses, and the public (in publicly available pleadings, filings or discussion in open court) when such disclosure:
(1)Is relevant to, and necessary for, the proceeding;
(2)is compatible with the purpose for which the Department collected the records; and
(3)the proceedings involve:
(a)The Department, its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, or
(b)A current or former employee of the Department and its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, who is acting in an official capacity or in any individual capacity where the Department or other United States Government agency has agreed to represent the employee. 5. A record from the system may be disclosed as a routine use to a Federal, State, or local agency to obtain information relevant to a Departmental decision concerning the hiring or retention of an employee, the issuance of a security clearance, the letting of a contract, or the issuance of a license, grant, or other benefit. The Department must deem such disclosure to be compatible with the purpose for which the Department collected the information. 6. A record from this system may be disclosed to a federal agency to facilitate the requesting agency's decision concerning the hiring or retention of an employee, the issuance of a security clearance, the reporting of an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or other benefit, to the extent that the information is relevant and necessary to the requesting agency's decision on the matter. The Department must deem such disclosure to be compatible with the purpose for which the Department collected the information. 7. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to DOE officers and employees under the Privacy Act. 8. A record from this system of records may be disclosed as a routine use to a member of Congress submitting a request involving the constituent when the constituent has requested assistance from the member concerning the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 9. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper records, microfilm, and electronic media. RETRIEVABILITY: Records may be retrieved by tag number, license number, custodian name, employee identification number, position number, accounting information, catalog number, contract number, make, model, security logon identification, serial number, and storage location. SAFEGUARDS: Paper records and microfilm are maintained in secured areas and/or maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Passwords are protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: U.S. Department of Energy, Headquarters, Director, Office of Management, 1000 Independence Avenue, SW., Washington DC 20585. U.S. Department of Energy, Bonneville Power Administration, P.O. Box 3621, Portland, OR 97208. U.S. Department of Energy, National Energy Technology Laboratory (Pittsburgh), P.O. Box 10940, Pittsburgh, PA 15236-0940. U.S. Department of Energy, Richland Operations Office, P.O. Box 550, Richland, WA 99352. U.S. Department of Energy, Southeastern Area Power Administration, 2 S. Public Square, Elberton, GA 30635-2496. U.S. Department of Energy, Southwestern Power Administration, Williams Tower One, One West Third Street, Tulsa, OK 74103. U.S. Department of Energy, Western Area Power Administration, P.O. Box 3402, Golden, CO 80401. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by the Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer at the Operations Office that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: Information in this system comes from the Payroll/Personnel system application, various internal forms, accountable property representative and employees, data processing personnel, and supply officers. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-24 SYSTEM NAME: Land Records System. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, Bonneville Power Administration, Information Resources, P.O. Box 3621, Portland, OR 97208 U.S. Department of Energy, Southwestern Power Administration: Manager, Facilities Services, Southwestern Power Administration, One West Third Street, Tulsa, OK 74103 U.S. Department of Energy, Western Area Power Administration, P.O. Box 3402, Golden, CO 80401 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Individuals from whom or to whom Southwestern Power Administration, Western Area Power Administration and Bonneville Power Administration have acquired or given interests in land. CATEGORIES OF RECORDS IN THE SYSTEM: Individual, agency, and/or company names; description of land tract, type of agreement; rights granted or received; history of the transaction, and IRS Form 1099 information. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.* and 50 U.S.C. 2401 *et seq.* PURPOSE(S): The records are maintained and used by the DOE to track land rights information resulting from property right acquisitions out grants, licenses, transfer, exchanges, encroachments and disposals in support of Southwestern Power Administration, Western Power Administration and Bonneville Power Administration construction and maintenance programs. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from this system may be disclosed as a routine use for the purpose of an investigation, settlement of claims, or the preparation and conduct of litigation to
(1)a person representing the Department or assisting in such representation;
(2)others involved in the matter, their representatives and persons assisting such persons; and
(3)witnesses, potential witnesses, their representatives and assistants, and any other persons possessing information pertaining to the matter when it is necessary to obtain information or testimony relevant to the matter. 2. A record from this system may be disclosed as a routine use in court or administrative proceedings to the tribunals, counsel, other parties, witnesses, and the public (in publicly available pleadings, filings or discussion in open court) when such disclosure:
(1)Is relevant to, and necessary for, the proceeding;
(2)is compatible with the purpose for which the Department collected the records; and
(3)the proceedings involve:
(a)The Department, its predecessor agencies, current or former contractor of the Department, or other United States Government agencies and their components, or
(b)A current or former employee of the Department and its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, who is acting in an official capacity or in any individual capacity where the Department or other United States Government agency has agreed to represent the employee. 3. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to DOE officers and employees under the Privacy Act. 4. A record from the system may be disclosed as a routine use to the Internal Revenue Service to provide notification of individuals who have received payment exceeding $600 on any one land right transaction. 5. A record from the system may be disclosed as a routine use to the Department of Justice to provide support of land right condemnation actions. 6. A record from the system may be disclosed as a routine use to courts and attorneys for the purpose of land right settlement disputes or litigation. 7. A record from the system may be disclosed as a routine use to the appropriate local, state or federal agency when records alone or in conjunction with other 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 pursuant thereto. 8. A record from this system may be disclosed to a member of Congress submitting a request involving a constituent when the constituent has requested assistance from the member concerning the subject of the record; the member must provide a copy of the constituent's request for assistance. 9. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper records, microfilm, and electronic media. RETRIEVABILITY: Records may be retrieved by line identification, personal identification, cross referenced by name of landowner, grantee, or grantor. SAFEGUARDS: Paper records and microfilm are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: Bonneville Power Administration: Manager, Real Estate, Bonneville Power Administration, U.S. Department of Energy, P.O. Box 3621, Portland, OR 97208 Southwestern Power Administration: Manager, Facilities Services, Southwestern Power Administration, One West Third Street, Tulsa, OK 74103 Western Area Power Administration: Director, Division of Lands, Western Area Power Administration, U.S. Department of Energy, P.O. Box 3402, Golden, CO 80401 NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the Privacy Act Officer at the Power Administrations identified above under “System Locations.” The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: Information in this system comes from individual landowners, grantees, or grantors; agency officials; and State and local authorities. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-25 SYSTEM NAME: U.S. Commuter Locator and Parking Space Information System. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): Headquarters: U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: All Department of Energy
(DOE)including National Nuclear Security Administration
(NNSA)employees, and contractor employees who apply as members of a car pool or van pool for parking spaces managed and controlled by DOE under the general direction of the General Services Administration. CATEGORIES OF RECORDS IN THE SYSTEM: Name of driver and car or van pool members, Federal service computation date, payroll and other assigned number, office address and telephone number, home addresses, home telephone numbers, make and year of automobile, State of registration, tag number of vehicles, number of days per week in the car pool or van pool, and other car pooling or van pooling information. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.;* 50 U.S.C. 2401 *et seq.;* Executive Order 12778; DOE HQ 0344.1 Parking. PURPOSE(S): Records are maintained and used by DOE to maintain information of existing car pools, van pools, and other categories of parking, in order to keep a current record on employees who commute to work. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from this system may be disclosed as a routine use to the Council of Governments for commuter connections. 2. A record from this system may be disclosed as a routine use to individuals seeking to car pool or van pool operating from their community or residential area. 3. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to DOE officers and employees under the Privacy Act. 4. A record from the system may be disclosed as a routine use to the appropriate local, state or federal agency when records alone or in conjunction with other 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 pursuant thereto. 5. A record from this system may be disclosed to a member of Congress submitting a request involving a constituent when the constituent has requested assistance from the member concerning the subject of the record; the member must provide a copy of the constituent's request for assistance. 6. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper records and electronic media. RETRIEVABILITY: Records may be retrieved by name, location of parking assignment, home address, assigned number, and license number. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: *Headquarters:* Director, Building Operations, Office of Management, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by the Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: Individual car poolers and van poolers. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-26 SYSTEM NAME: Official Travel Records. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, Headquarters, 1000 Independence Avenue, SW., Washington, DC 20585 U.S. Department of Energy, Alaska Power Administration, Federal Records Center, San Point Way, NE, Seattle, WA 98115 U.S. Department of Energy, NNSA Service Center Albuquerque, P.O. Box 5400, Albuquerque, NM 87185-5400 U.S. Department of Energy, Bonneville Power Administration, P.O. Box 3621, Portland, OR 97208 U.S. Department of Energy, Chicago Office, 9800 South Cass Avenue, Argonne, IL 60439 U.S. Department of Energy, Environmental Management Consolidated Business Center (EMCBC), 250 E. Fifth Street, Suite 500, Cincinnati, OH 45202 U.S. Department of Energy, Idaho Operations Office, 850 Energy Drive, Idaho Falls, ID 83401 U.S. Department of Energy, National Energy Technology Center (Morgantown), P.O. Box 880, Morgantown, WV 26507-0880 U.S. Department of Energy, National Energy Technology Center (Pittsburgh), P.O. Box 10940, Pittsburgh, PA 15236-0940 U.S. Department of Energy, Naval Petroleum and Oil Shale Reserves in Colorado, Utah, and Wyoming, 907 North Poplar, Suite 150, Casper, WY 82601 U.S. Department of Energy, Naval Petroleum Reserves in California, 28950 Highway 119, P.O. Box 11, Tupman, CA 93276 U.S. Department of Energy, NNSA Nevada Site Office, P.O. Box 98518, Las Vegas, NV 89193-8518 U.S. Department of Energy, Oak Ridge Office, P.O. Box 2001, Oak Ridge, TN 37831 U.S. Department of Energy, Pittsburgh Naval Reactors, P.O. Box 109, West Mifflin, PA 15122-0109 U.S. Department of Energy, Richland Operations Office, P.O. Box 550, Richland, WA 99352 U.S. Department of Energy, Savannah River Operations Office, P.O. Box A, Aiken, SC 29808 U.S. Department of Energy, Schenectady Naval Reactors Office, P.O. Box 1069, Schenectady, NY 12301-1069 U.S. Department of Energy, Southeastern Power Administration, 1166 Athens Tech Road, Elberton, GA 30635-4578 U.S. Department of Energy, Southwestern Power Administration, Williams Tower One, One West Third Street, Tulsa, OK 74103 U.S. Department of Energy, Strategic Petroleum Reserve Project Office, 900 Commerce Road East, New Orleans, LA 70123 U.S. Department of Energy, Western Area Power Administration, P.O. Box 3402, Golden, CO 80401 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Individuals who travel or relocate at the expense of DOE including the National Nuclear Security Administration (NNSA). CATEGORIES OF RECORDS IN THE SYSTEM: Name, address, telephone number, social security number, authorization number, travel itinerary, mode and purpose of travel, advance amount, expenses claimed, amounts reimbursed, charge card account numbers, residential sales records, and receipts. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.* ; 50 U.S.C. 2401 *et seq.* ; 5 U.S.C. 301; 5 U.S.C. Chapter 57; Policy and Procedures Manual for Guidance of Federal Agencies, Titles 3 and 4; Federal Travel Regulation; Federal Property Management Regulations 101-41; Department of Energy Order DOE 1500.2A, Travel Policy and Procedures. PURPOSE(S): The records are maintained and used by DOE to document official domestic and foreign travel and relocation expenditures and to support reimbursement of allowable expenses. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from this system may be disclosed as a routine use to the U.S. Treasury for payment of claim. 2. A record from this system may be disclosed as a routine use to the U.S. General Accounting Office for audit and verification of accuracy and legality of disbursements. 3. A record from this system may be disclosed as a routine use to the Internal Revenue Service for notification regarding taxable reimbursements. 4. A record from this system may be disclosed as a routine use to the General Services Administration for audit of transportation services. 5. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to DOE officers and employees under the Privacy Act. 6. A record from the system may be disclosed as a routine use to the appropriate local, state or federal agency when records, alone or in conjunction with other information, indicate a violation or potential violation of law whether civil, criminal, or regulatory in nature, and whether arising by general statute or particular program pursuant thereto. 7. A record from this system may be disclosed to a member of Congress submitting a request involving a constituent when the constituent has requested assistance from the member concerning the subject of the record; the member must provide a copy of the constituent's request for assistance. 8. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper records and electronic media. RETRIEVABILITY: Records may be retrieved by name, social security number, and travel authorization number. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: *Headquarters:* Chief Financial Officer, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585. *Field Offices:* The Managers of the “System Locations” listed above are the system managers for their respective portions of this system. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by the Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office location(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where the work is performed. In accordance with the DOE Privacy Act regulation, identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: Individual travelers, supervisors, Government travel offices, and finance office standard references. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-27 SYSTEM NAME: Foreign Travel Management System (FTMS). SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, Germantown, 19901 Germantown Road, Germantown, MD 20874-1290 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: DOE employees including National Nuclear Security Administration
(NNSA)and contractor employees authorized to travel to foreign countries on official business. CATEGORIES OF RECORDS IN THE SYSTEM: Traveler's name and social security number, background data relating to proposed foreign travel; authorization number, travel itinerary; expenses; and summary report following completion of travel. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.* ; 50 U.S.C. 2401 *et seq.* ; 5 U.S.C. Chapter 3, Section 301; 5 U.S.C Chapter 57; Federal Travel Regulation; Department of Energy Order 1500.2A, “Travel Policy and Procedures”; Department of Energy Order DOE 551.1A, “Official Foreign Travel”. PURPOSE(S): The records are maintained and used by DOE to document all official foreign travel, by DOE employees and contractor employees, approvals and expenditures. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from this system may be disclosed as a routine use to the General Service Administration for verification of transportation services. 2. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to DOE officers and employees under the Privacy Act. 3. A record from this system may be disclosed as a routine use to the Department of State for purpose of obtaining foreign country clearance for the traveler. 4. A record from the system may be disclosed as a routine use to the appropriate local, state or federal agency when records alone or in conjunction with other 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 pursuant thereto. 5. A record from this system may be disclosed to a member of Congress submitting a request involving a constituent when the constituent has requested assistance from the member concerning the subject of the record; the member must provide a copy of the constituent's request for assistance. 6. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper records and electronic media. RETRIEVABILITY: Records may be retrieved by name, social security number, and travel authorization number. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (Personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposals authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: U.S. Department of Energy, Director, Office of Security Operations, 1000 Independence Avenue, SW., Washington, DC 20585. NOTIFICATION PROCEDURES: In accordance with DOE regulation implementing the Privacy Act, Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” The request should include the requester's complete name, time period for which records are sought, and the office location(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as notification procedures above. Paper records are generally kept at locations where the work is performed. In accordance with the DOE Privacy Act regulation, identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification procedures above. RECORD SOURCE CATEGORIES: Individual travelers, supervisors, and travel offices. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-28 SYSTEM NAME: General Training Records. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, Headquarters, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585 U.S. Department of Energy, Headquarters, Germantown, 19901 Germantown Road, Germantown, MD 20585 U.S. Department of Energy, Alaska Power Administration, Federal Records Center, San Point Way, NE., Seattle, WA 98115 U.S. Department of Energy, NNSA Service Center Albuquerque, P.O. Box 5400, Albuquerque, NM 87185-5400 U.S. Department of Energy, Office of Amarillo Site Operations, P.O. Box 30030, Amarillo, TX 79120-0030 U.S. Department of Energy, Atlanta Support Office, 730 Peachtree, NE., Suite 876, Atlanta, GA 30308 U.S. Department of Energy, Bonneville Power Administration, P.O. Box 3621, Portland, OR 97208 U.S. Department of Energy, Bonneville Power Administration, Lower Columbia Area, 1500 NE. Irving Street, Portland, OR 97232 U.S. Department of Energy, Bonneville Power Administration, Puget Sound Area, 201 Queen Ann Avenue, N., Suite 400, P.O. Box C-19030, Seattle, WA 98109-1030 U.S. Department of Energy, Bonneville Power Administration, Snake River Area, 101 West Poplar, Walla Walla, WA 99362 U.S. Department of Energy, Bonneville Power Administration, Upper Columbia Area, Room 561, U.S. Court House, W. 920 Riverside Avenue, Spokane, WA 99201 U.S. Department of Energy, Boston Support Office, One Congress Street, Room 1101, Boston, MA 02114-2021 U.S. Department of Energy, Chicago Office, 9800 South Cass Avenue, Argonne, IL 60439 U.S. Department of Energy, Continuous Electron Beam Accelerator Facility, 12000 Jefferson Avenue, Newport News, VA 23606 U.S. Department of Energy, Dallas Support Office, 1420 W. Mockingbird Lane, Suite 400, Dallas, TX 75247 U.S. Department of Energy, Dayton Area Office, P.O. Box 66, Miamisburg, OH 45342-0066 U.S. Department of Energy, Denver Support Office, 2801 Youngfield Street, Suite 380, Golden, CO 80401-2266 U.S. Department of Energy, Environmental Management Consolidated Business Center (EMCBC), 250 E. Fifth Street, Suite 500, Cincinnati, OH 45202 U.S. Department of Energy, Golden Field Office, 1617 Cole Boulevard, Golden, CO 80401 U.S. Department of Energy, Idaho Operations Office, 850 Energy Drive, Idaho Falls, ID 83401 U.S. Department of Energy, Kansas City Site Office, P.O. Box 410202, Kansas City, MO 64141-0202 U.S. Department of Energy, Kansas City Support Office, 911 Walnut Street, Room 1411, Kansas City, MO 64106 U.S. Department of Energy, Sandia Site Office. P.O. Box 5400, Albuquerque, NM 87185-5400 U.S. Department of Energy, Los Alamos Site Office, 528 35th Street, Los Alamos, NM 87544 U.S. Department of Energy, University of California, Los Alamos National Laboratory, P.O. Box 1663, Los Alamos, NM 87545 U.S. Department of Energy, Metairie Site Office, 900 Commerce Road, East, New Orleans, LA 70123 U.S. Department of Energy, National Energy Technology Laboratory (Morgantown), P.O. Box 880, Morgantown, WV 26507-0880 U.S. Department of Energy, National Energy Technology Laboratory (Pittsburgh), P.O. Box 10940, Pittsburgh, PA 15236-0940 U.S. Department of Energy, New York Support Office, 26 Federal Plaza, Room 3437, New York, NY 10278-0068 U.S. Department of Energy, NNSA Nevada Site Office, P.O. Box 98518, Las Vegas, NV 89193-8518 U.S. Department of Energy, Oak Ridge Office, P.O. Box 2001, Oak Ridge, TN 37831 U.S. Department of Energy, Office of Scientific and Technical Information, P.O. Box 62, Oak Ridge, TN 37831 U.S. Department of Energy, Office of Superconducting Super Collider, 2550 Beckleymeade Avenue, MS 1020, Dallas, TX 75237-3946 U.S. Department of Energy, Philadelphia Support Office, 1880 John F. Kennedy Blvd., Ste 501, Philadelphia, PA 19103-7483 U.S. Department of Energy, Phoenix Area Office, P.O. Box 6457, Phoenix, AZ 85005 U.S. Department of Energy, Pittsburgh Naval Reactors Office, P.O. Box 109, West Mifflin, PA 15122-0109 U.S. Department of Energy, Pittsburgh Naval Reactors Office, Idaho Branch Office, P.O. Box 2469, Idaho Falls, ID 83403-2469 U.S. Department of Energy, Richland Operations Office, 825 Jadwin Avenue, P.O. Box 550, Richland, WA 99352 U.S. Department of Energy, Savannah River Operations Office, P.O. Box A, Aiken, SC 29801 U.S. Department of Energy, Schenectady Naval Reactors Office, P.O. Box 1069, Schenectady, NY 12301 U.S. Department of Energy, Seattle Support Office, 800 Fifth Avenue, Suite 3950, Seattle, WA 98104 U.S. Department of Energy, Southeastern Power Administration, 1166 Athens Tech Road, Elberton, GA 30635-4578 U.S. Department of Energy, Southwestern Power Administration, Williams Tower One, One West Third Street, Tulsa, OK 74103 U.S. Department of Energy, Strategic Petroleum Reserve Project Office, 900 Commerce Road East, New Orleans, LA 70123 U.S. Department of Energy, Western Area Power Administration, P.O. Box 3402, Golden, CO 80401 U.S. Department of Energy, Western Area Power Administration, Billings Area Office, P.O. Box 35800, Billings, MT 59107-5800 U.S. Department of Energy, Western Area Power Administration, Loveland Area Office, P.O. Box 3700, Loveland, CO 80539-3003 U.S. Department of Energy, Western Area Power Administration, Salt Lake City Area Office, P.O. Box 11606, Salt Lake City, UT 84147-0606 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: All Department of Energy
(DOE)employees including National Nuclear Security Administration
(NNSA)employees and contractor employees. CATEGORIES OF RECORDS IN THE SYSTEM: Name; resume; assigned number; occupational series; training requests and authorizations; grade; organization; date of birth; social security number; home address and telephone number; special interest area, education completed; course name; justification for attending the course; direct and indirect costs of training; coded information dealing with purpose, type, source of training; training evaluations; course evaluation forms; training examinations; training attendance records; lesson plans; training assignment sheets; reading assignment sheets; position qualification statement; self study sheet; position descriptions; accounting records; and quarterly training report. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.* ; 50 U.S.C. 2401 *et seq.* ; Nuclear Waste Policy Act of 1982 (Pub. L. 97-425); Nuclear Waste Policy Amendment Act of 1987 (Pub. L. 100-203); Government Employees Training Act of 1958; and 5 CFR Parts 410 and 412. PURPOSE(S): Records are maintained and used by the Department to document planning, completion, funding and effectiveness of employee training and development. Appropriate local, state and federal agencies use certain records maintained in this system to ensure Departmental compliance with other regulatory requirements. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from this system may be disclosed as a routine use to Federal agencies, including the Office of Personnel Management, for purposes of determining eligibility or suitability for training and as source documents for training reports; to training institutions that personnel have requested to attend; and to other federal agencies as necessary for payment of training. 2. A record from this system may be disclosed as a routine use to state and local governments, the Nuclear Regulatory Commission (NRC), and other federal agencies that conduct research, investigations, or audits to determine whether DOE and contractor personnel satisfy quality assurance requirements for activities necessary to obtain a license from the NRC for the construction, operation and closing of a nuclear waste repository and/or a Monitored Retrievable Storage facility. These activities also will include research and development, site characterization, transportation, waste packaging, handling, design, maintenance, performance confirmation, inspection, fabrication, and development and production of repository waste forms. 3. A record from this system may be disclosed as a routine use to federal, state or local government officials where the regulatory program being implemented is applicable to the DOE or contractor program and requires that such access be provided for the conduct of the regulatory agencies' activities. Those provided information under this routine use are subject to the same limitations applicable to DOE officers and employees under the Privacy Act. 4. A record from the system may be disclosed as a routine use to the appropriate local, state or federal agency when records alone or in conjunction with other 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 pursuant thereto. 5. A record from this system may be disclosed to a member of Congress submitting a request involving a constituent when the constituent has requested assistance from the member concerning the subject of the record; the member must provide a copy of the constituent's request for assistance. 6. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper records and electronic media. RETRIEVABILITY: Records may be retrieved by name and social security number. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the record. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: *Headquarters:* Director, Training and Human Resource Development, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585-0702. *Field Offices:* The Managers and Directors of the “System Locations” listed above are the system managers for their respective portions of this system. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: The subject individuals and their supervisors. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-31 SYSTEM NAME: Firearms Qualification Records. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, Headquarters, 1000 Independence Avenue, SW., Washington, DC 20585 U.S. Department of Energy, NNSA Service Center Albuquerque, P.O. Box 5400, Albuquerque, NM 87185-5400 U.S. Department of Energy, Argonne National Laboratory-West, P.O. Box 2528, Idaho Falls, ID 83403-2528 U.S. Department of Energy, Brookhaven National Laboratory, 24 S. Upton Road, Building 50, Upton, NY 11973 U.S. Department of Energy, Chicago Office, 9800 South Cass Avenue, Argonne, IL 60439 U.S. Department of Energy, Environmental Management Consolidated Business Center (EMCBC), 250 E. Fifth Street, Suite 500, Cincinnati, OH 45202 U.S. Department of Energy, Idaho Operations Office, 850 Energy Drive, Idaho Falls, ID 83401 U.S. Department of Energy, Nonproliferation and National Security Institute, Building 30132, Kirtland Air Force Base, Albuquerque, NM U.S. Department of Energy, Oak Ridge Office, P.O. Box 2001, Oak Ridge, TN 37831-8763 U.S. Department of Energy, Amarillo Site Office, Highway 60 FM2373, Amarillo, TX 79177 U.S. Department of Energy, Kansas City Site Office, P.O. Box 410202, 2000 E. 95th Street, Kansas City, MO 64141-3202 U.S. Department of Energy, Los Alamos Site Office, 528 35th Street, Los Alamos, NM 87544 U.S. Department of Energy, NNSA Nevada Site Office, P.O. Box 98518, Las Vegas, NV 89193-8518 U.S. Department of Energy, Pittsburgh Naval Reactors, 814 Pittsburgh McKeesport Boulevard, West Mifflin, PA 15122-0109 U.S. Department of Energy, Richland Operations Office, 825 Jadwin Avenue, Richland, WA 99352 U.S. Department of Energy, Sandia Site Office, 1515 Eubank Blvd., SE., Albuquerque, NM 87123 U.S. Department of Energy, Savannah River Operations Office, Drawer E, Aiken, SC 29802 U.S. Department of Energy, Schenectady Naval Reactors Office, 2401 River Road, Schenectady, NY 12309 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Department of Energy
(DOE)including National Nuclear Security Administration
(NNSA)Federal and contractor employees who are required to conduct and/or to maintain firearms qualification, training, and proficiency activities in the performance of their regular duties. CATEGORIES OF RECORDS IN THE SYSTEM: Records of an individual's annual qualification scores; social security numbers, approvals of arming authority and issue of Security Police Officer and Federal Officer Credentials and firearms accountability and maintenance records. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.* ; 50 U.S.C. 2401 *et seq.* PURPOSE(S): Document and maintain DOE protective force firearms programs information. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from the system may be disclosed as a routine use to the appropriate local, state or federal agency when records alone or in conjunction with other 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 pursuant thereto. 2. A record from the system may be disclosed as a routine use to a federal, state, or local agency to obtain information relevant to a Departmental decision concerning the hiring or retention of an employee, the issuance of a security clearance, the reporting of an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or other benefit. The Department must deem such disclosure to be compatible with the purpose for which the Department collected the information. 3. A record from this system may be disclosed to a federal agency to facilitate the requesting agency's decision concerning the hiring or retention of an employee, the issuance of a security clearance, the reporting of an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or other benefit, to the extent that the information is relevant and necessary to the requesting agency's decision on the matter. The Department must deem such disclosure to be compatible with the purpose for which the Department collected the information. 4. A record from this system may be disclosed as a routine use for the purpose of an investigation, settlement of claims, or the preparation and conduct of litigation to
(1)persons representing the Department in the investigation, settlement or litigation, and to individuals assisting in such representation;
(2)others involved in the investigation, settlement, and litigation, and their representatives and individuals assisting those representatives; and
(3)witnesses, potential witnesses, or their representatives and assistants, and any person who possesses information pertaining to the matter when it is necessary to obtain information or testimony relevant to the matter. 5. A record from this system may be disclosed as a routine use in court or administrative proceedings to the tribunals, counsel, other parties, witnesses, and the public (in publicly available pleadings, filings or discussion in open court) when such disclosure:
(1)Is relevant to, and necessary for, the proceeding;
(2)compatible with the purpose for which the Department collected the records; and
(3)the proceedings involve:
(a)The Department, its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, or
(b)A current or former employee of the Department and its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, who is acting in an official capacity or in any individual capacity where the Department or other United States Government agency has agreed to represent the employee. 6. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to DOE officers and employees under the Privacy Act. 7. A record from the system of records may be disclosed to a member of Congress submitting a request involving the constituent when the constituent has requested assistance from the member concerning the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 8. A record from the system of records may be disclosed to training, administrative, and operations personnel of local law enforcement agencies in the performance of their regular duties in order to process and to maintain documentation for protective force personnel who have been commissioned as reserve officers or deputies. 9. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper records and electronic media. RETRIEVABILITY: Records may be retrieved by name and social security number. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: *Headquarters:* Director, Office of Security Operations, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585. *Field Offices:* The Managers and Directors of the “System Locations” listed above are the system managers for their respective portions of this system. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by the Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where the work is performed. In accordance with DOE Privacy Act regulation, identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: Arming and Arrest Credential notifications and firearm qualifications results from individuals and training personnel. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-33 SYSTEM NAME: Personnel Medical Records. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, Headquarters, 1000 Independence Avenue, SW., Wash, DC 20585 U.S. Department of Energy, Alaska Power Administration, Federal Records Center, San Point Way, NE., Seattle, WA 98115 U.S. Department of Energy, NNSA Service Center Albuquerque, P.O. Box 5400, Albuquerque, NM 87185-5400 U.S. Department of Energy, Office of Amarillo Site Operations, P.O. Box 30030, Amarillo, TX 79120-0030 U.S. Department of Energy, Ashtabula Area Office, P.O. Box 579, Ashtabula, OH 44005-0579 U.S. Department of Energy, Bartlesville Project Office, 220 North Virginia Avenue, P.O. Box 1398, Bartlesville, OK 74003 U.S. Department of Energy, Battelle Columbus Laboratories, 505 King Avenue, Room A-496 Columbus, OH 43201 U.S. Department of Energy, Batavia Area Office, P.O. Box 2000, Batavia, IL 60510 U.S. Department of Energy, Bettis Atomic Power Laboratory, P.O. Box 79, Pittsburgh, PA 15122-0079 U.S. Department of Energy, Bonneville Power Administration, P.O. Box 3621, Portland, OR 97208 U.S. Department of Energy, Chicago Office, 9800 South Cass Avenue, Argonne, IL 60439 U.S. Department of Energy, Continuous Electron Beam Accelerator Facility, 12000 Jefferson Avenue, Newport News, VA 23606 U.S. Department of Energy, Dayton Area Office, P.O. Box 66, Miamisburg, OH 45342-0066 U.S. Department of Energy, EG&G Mound Applied Technologies, P.O. Box 3000, Miamisburg, OH 45343-3000 U.S. Department of Energy, Environmental Management Consolidated Business Center (EMCBC), 250 E. Fifth Street, Suite 500, Cincinnati, OH 45202 U.S. Department of Energy, Fernald Environmental Restoration Management Corporation, P.O. Box 398704, Cincinnati, OH 45239-8704 U.S. Department of Energy, Fernald Field Office, 7400 Willey Road, Cincinnati, OH 45030 U.S. Department of Energy, Golden Field Office, 1617 Cole Boulevard, Golden, CO 80401 U.S. Department of Energy, Grand Junction Office, 2597 B 3/4 Road, Grand Junction, CO 81503 U.S. Department of Energy, Hanford Environmental Health Foundation, 3080 George Washington Way, Richland, WA 99352 U.S. Department of Energy, Idaho Operations Office, 850 Energy Drive MS 1214, Idaho Falls, ID 83404 U.S. Department of Energy, Kansas City Site Office, P.O. Box 410202, Kansas City, MO 64141-0202 U.S. Department of Energy, NNSA Nevada Site Office, P.O. Box 98518, Las Vegas, NV 89193-8518 U.S. Department of Energy, Sandia Site Office, P.O. Box 5400, Albuquerque, NM 87185-5400 U.S. Department of Energy, Knolls Atomic Power Laboratory, P.O. Box 1072, Schenectady, NY 12301 U.S. Department of Energy, Livermore Site Office, P.O. Box 808, Livermore, CA 94551 U.S. Department of Energy, Lawrence Berkeley Laboratory, One Cyclotron Road, Building 26, Room 143, Berkeley, CA 94720 U.S. Department of Energy, Los Alamos Site Office, 528 35th Street, Los Alamos, NM 87544 U.S. Department of Energy, Lockheed Martin Energy Systems, Inc., Y-12 Plant, P.O. Box 2009, Oak Ridge, Tennessee 37831-8103 U.S. Department of Energy, Lockheed Martin Energy Systems, Inc., K-25 Plant, P.O. Box 2003, Oak Ridge, TN 37831-7422 U.S. Department of Energy, MK Ferguson of Oak Ridge Company, P.O. Box 2011, Oak Ridge, TN 37831-2011 U.S. Department of Energy, National Energy Technology Center (Morgantown), P.O. Box 880, Morgantown, WV 26507-0880 U.S. Department of Energy, National Energy Technology Center (Pittsburgh), P.O. Box 10940, Pittsburgh, PA 15236-0940 U.S. Department of Energy, National Renewable Energy Laboratory Area Office, 1617 Cole Boulevard, Golden, CO 80401-3393 U.S. Department of Energy, Naval Petroleum and Oil Shale Reserves, 907 N. Poplar, Suite 150, Casper, WY 82601 U.S. Department of Energy, Naval Petroleum Reserves in California, 28590 Highway 119, P.O. Box 11, Tupman, CA 93276 U.S. Department of Energy, Naval Reactors Representative Office, Naval Base Branch Post Office, General Delivery, Charleston Naval Shipyard, Charleston, SC 29408-5615 U.S. Department of Energy, Naval Reactors Representative Office, P.O. Box 7021, Groton, CT 06340 U.S. Department of Energy, Naval Reactors Representative Office, Mare Island Naval Shipyard, P.O. Box 2053, Vallejo, CA 94592 U.S. Department of Energy, Naval Reactors Representative Office, Newport News Shipbuilding & Dry Dock Company, P.O. Box 973, Newport News, VA 23607 U.S. Department of Energy, Naval Reactors Representative Office, Norfolk Naval Shipyard, P.O. Box 848, Portsmouth, VA 23705-0848 U.S. Department of Energy, Naval Reactors Representative Office, Pearl Harbor Naval Shipyard, P.O. Box 128, Pearl Harbor, HI 96860 U.S. Department of Energy, Naval Reactors Representative Office, Portsmouth Naval Shipyard Naval Base Branch, P.O. Box 2008, Portsmouth, NH 03801-2008 U.S. Department of Energy, Naval Reactors Representative Office, Puget Sound Naval Shipyard Substation, P.O. Box 1A, Bremerton, WA 98314 U.S. Department of Energy, Nevada Test Site Mercury, Mercury, NV 89023 U.S. Department of Energy, Oak Ridge Office, P.O. Box 2001, Oak Ridge, TN 37831 U.S. Department of Energy, Environmental Management Consolidated Business Center, 1 Mound Road, Miamisburg, OH 45342 U.S. Department of Energy, Phoenix Area Office, P.O. Box 6457, Phoenix, AZ 85005 U.S. Department of Energy, Pittsburgh Naval Reactors Office, P.O. Box 109, West Mifflin, PA 15122-0109 U.S. Department of Energy, Plasma Physics Laboratory, James Forrestal Campus, Princeton University, P.O. Box 451, Princeton, NJ 08543 U.S. Department of Energy, Portsmouth Site Office, P.O. Box 700, Piketon, OH 45661 U.S. Department of Energy, Radiological and Environmental Sciences Laboratory, 785 DOE Place, Idaho Falls, ID 83402 U.S. Department of Energy, Richland Operations Office, 825 Jadwin Avenue, P.O. Box 550, Richland, WA 99352 U.S. Department of Energy, Rocketdyne-Rockwell Aerospace, 6633 Canoga Avenue, P.O. Box 7922, Department 056 EA08, Canoga Park, California 91309-7922 U.S. Department of Energy, Sandia Site Office, P.O. Box 5800, Albuquerque, NM; P.O. Box 5400, Albuquerque, NM 87185-5400 U.S. Department of Energy, Savannah River Operations Office, P.O. Box A, Aiken, SC 29801 U.S. Department of Energy, Schenectady Naval Reactors Office, P.O. Box 1069, Schenectady, NY 12301 U.S. Department of Energy, Southeastern Power Administration, 1166 Athens Tech Road, Elberton, GA 30635-4578 U.S. Department of Energy, Southwestern Power Administration, Williams Tower One, One West Third Street, Tulsa, OK 74103 U.S. Department of Energy, Stanford Linear Accelerator Center, P.O. Box 4349, Stanford, CA 94309 U.S. Department of Energy, Strategic Petroleum Reserve Project Office, 900 Commerce Road East, New Orleans, LA 70123 U.S. Department of Energy, Waste Isolation Pilot Plant, Westinghouse Electric Company, Waste Isolation Division, P.O. Box 2078, Carlsbad, NM 88220 U.S. Department of Energy, Weldon Spring Site Remedial Action Project, 7295 Highway 94 South, St. Charles, MO 63304 U.S. Department of Energy, West Valley Nuclear Service Company, Inc., P.O. Box 191, MS: F, West Valley, NY 14171 U.S. Department of Energy, Waste Isolation Pilot Project Office, P.O. Box 3090, Carlsbad, NM 88221 U.S. Department of Energy, Western Area Power Administration, P.O. Box 3402, Golden, CO 80401 U.S. Department of Energy, Westinghouse Electric Corporation, Bettis Atomic Power Laboratory, Naval Reactors Facility, P.O. Box 2068, Idaho Falls, ID 83403-2068 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Present and former Department of Energy
(DOE)including National Nuclear Security Administration
(NNSA)employees, and DOE contractor employees. This system includes in-patients at Kadlec Hospital, Richland, WA, prior to September 9, 1956. CATEGORIES OF RECORDS IN THE SYSTEM: Name, social security number, medical histories on contractor employees resulting from medical examination; in cases of injury, description of injury occurrence and treatment; medical records of periodic physical examinations and psychological testing, blood donor program records, audiometric testing, routine first aid, and other visits; hospital in-patients at Kadlec Hospital; records on the results of work place and medical monitoring of individuals for exposure to chemical and physical agents (not covered in DOE-35) and related work history data, including drug testing information and results; contractor employee-completed health questionnaires not resulting from a medical examination; information from the contractor employee's private medical doctor or other health care providers, such as hospitals or laboratories not generated from workplace medical examinations. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Atomic Energy Act of 1954, (42 U.S.C. 2051a), section 31a; Economy Act of 1932, as amended, (31 U.S.C. section 1535); 42 U.S.C. 7101 *et seq.* ; 50 U.S.C. 2401 *et seq.* ; and DOE Order 440.1. PURPOSE(S): The records are maintained and used by the Department to:
(a)Provide data necessary for proper medical evaluations, diagnosis, treatment and care;
(b)provide an accurate medical history, included job and/or hazard exposure documentation and health monitoring in relation to health status and claims of the individual;
(c)provide a method for evaluating quality of health care rendered and job-health protection including engineering protection provided, protective equipment, workplace monitoring, and medical examinations monitoring required by the Occupational Safety Health Administration
(OSHA)or by good practice;
(d)provide data for health hazard evaluations, epidemiologic studies and public health activities;
(e)ensure that all relevant, necessary, accurate, and timely data are available to support any medically-related employment decisions affecting the subject of the records, including decisions pertaining to the fitness-for-duty and disability retirement;
(f)document possible re-employment rights under statutes governing that program;
(g)document employee's reporting of on-the-job injuries or unhealthy or unsafe working conditions, including the reporting of such conditions to the OSHA and actions taken by the agency or by the employing agency; and
(h)ensure proper and accurate operation of the agency's employee drug testing program under Executive Order 12564. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from this system may be disclosed as a routine use to physicians, the U.S. Department of Labor, various State departments of labor and industry groups, and contractors to:
(a)Ascertain suitability of an employee for job assignments with regard to health;
(b)provide benefits under Federal programs or contracts; and
(c)maintain a record of occupational injuries or illnesses and the performance of regular diagnostic and treatment services to patients. 2. A record from the system may be disclosed as a routine use to the appropriate local, state or federal agency when records alone or in conjunction with other 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 pursuant thereto. 3. A record from this system may be disclosed as a routine use in court or administrative proceedings to the tribunals, counsel, other parties, witnesses, and the public (in publicly available pleadings, filings or discussion in open court) when such disclosure:
(1)Is relevant to, and necessary for, the proceeding;
(2)is compatible with the purpose for which the Department collected the records; and
(3)the proceedings involve:
(a)The Department, its predecessor agencies, current or former contractor of the Department, or other United States Government agencies and their components, or
(b)A current or former employee of the Department and its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, who is acting in an official capacity or in any individual capacity where the Department or other United States Government agency has agreed to represent the employee. 4. A record from this system of records may be disclosed to a federal agency, in response to its written request, to facilitate the requesting agency's decision concerning the hiring or retention of an employee, the issuance of a security clearance, the reporting of an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or other benefit, to the extent that the information is relevant and necessary to the requesting agency's decision on the matter. The Department must deem such disclosure to be compatible with the purpose for which the Department collected the information. 5. A record from this system may be disclosed to a federal agency to facilitate the requesting agency's decision concerning the hiring or retention of an employee, the issuance of a security clearance, the reporting of an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or other benefit, to the extent that the information is relevant and necessary to the requesting agency's decision on the matter. The Department must deem such disclosure to be compatible with the purpose for which the Department collected the information. 6. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to DOE officers and employees under the Privacy Act. 7. A record from this system of records may be disclosed as a routine use to a member of Congress submitting a request involving the constituent when the constituent has requested the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 8. A record from this system may be disclosed as a routine use to contractor personnel, grantees, and cooperative agreement holders of components of the Department of Health and Human Services, including the National Institute for Occupational Safety and Health and the National Center for Environmental Health of the Centers for Disease Control and Prevention, and the Agency for Toxic Substances and Disease Registry pursuant to Memoranda of Understanding between the Department and the Department of Health and Human Services or its components. 9. A record from this system may be disclosed as a routine use to contractors, grantees, participants in cooperative agreements, collaborating researchers, or their employees, when conducting health studies or related health or environmental duties pursuant to their contracts, grants, and cooperating or collaborating research agreements. In order to conduct such studies, the Department, its contractors, grantees, participants in cooperative agreements, and collaborating researchers may disclose a record to Federal, State and local health and medical agencies or authorities; to subcontractors in order to determine a subject's vital status or cause of death; to health care providers to verify a diagnosis or cause of death; or to third parties to obtain current addresses for participants in health-related studies, surveys and surveillance. All recipients of such records are required to comply with the Privacy Act, to follow prescribed measures to protect personal privacy, and to disclose or use personally identifiable information only for the above described research purposes. 10. A record from this system may be disclosed as a routine use to members of DOE advisory committees, the Department of Health and Human Services Advisory Committee on Projects Related to Department of Energy Facilities and to designated employees of Federal, State, or local government or government-sponsored entities authorized to provide advice to the Department concerning health, safety or environmental issues. All recipients of such records are required to comply with the Privacy Act, to follow prescribed measures to protect personal privacy, and to disclose or use personally identifiable information only for the purpose of providing advice to the Department or to the Department of Health and Human Services. 11. A record from this system may be disclosed to Department of Health and Human Services, their contractors, grantees, and cooperative agreement holders, pursuant to the Energy Employees Occupational Illness Compensation Program Act of 2000, to estimate radiation doses and other workplace exposures received by Department of Energy and contractor employees. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 12. A record from this system may be disclosed as a routine use to the personnel, contractors, grantees, and cooperative agreement holders of the Department of Labor, the Department of Health and Human Services, the Department of Justice, and other Federal agencies and their components, designated by the President to implement the Federal compensation program established by the Energy Employees Occupational Illness Compensation Program Act, for the purpose of assisting in the adjudication or processing of a claim under that Act. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 13. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper records, microfilm, and electronic media. RETRIEVABILITY: Records may be retrieved by name and social security number. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: *Headquarters:* Chief, Health, Safety and Security Officer, Office of Health, Safety and Security, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585. *Field Offices:* The Managers and Directors of “System Locations” listed above are the system managers for their respective portions of this system. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by the Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at location where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: The individual who is the subject of the record, physicians, medical institutions, Office of Workers Compensation Programs, military retired pay systems records, Federal civilian retirement systems, Office of Personnel Management retirement life insurance and health benefits records system, and the personnel management records systems of the Office of Personnel Management. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-34 SYSTEM NAME: Employee Assistance Program
(EAP)Records. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, Headquarters, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585 U.S. Department of Energy, Alaska Power Administration, Federal Records Center, San Point Way, NE., Seattle, WA 98115 U.S. Department of Energy, NNSA Service Center Albuquerque, P.O. Box 5400, Albuquerque, NM 87185-5400 U.S. Department of Energy, Office of Amarillo Site Operations, Highway 60 FM2372, Amarillo, TX 79120 U.S. Department of Energy, Atlanta Regional Support Office, 730 Peachtree, NE, Suite 876, Atlanta, GA 30308 U.S. Department of Energy, Bonneville Power Administration, P.O. Box 3621, Portland, OR 97208 U.S. Department of Energy, Boston Regional Office, JFK Federal Building, Room 675 Boston, MA 02203-0002 U.S. Department of Energy, Chicago Office, 9800 South Cass Avenue, Argonne, IL 60439 U.S. Department of Energy, Fernald Field Office, 7400 Willey Road, Cincinnati, OH 45030 U.S. Department of Energy, Golden Field Office, 1617 Cole Boulevard, Golden, CO 80401 U.S. Department of Energy, Idaho Operations Office, 850 Energy Drive, Idaho Falls, ID 83401 U.S. Department of Energy, The Office of Site Operations, 2000 E 95th Street, Kansas City, MO 64141-3202 U.S. Department of Energy, National Energy Technology Laboratory (Morgantown), P.O. Box 880, Morgantown, WV 26507-0880 U.S. Department of Energy, National Energy Technology Laboratory (Pittsburgh), P.O. Box 10940, Pittsburgh, PA 15236-0940 U.S. Department of Energy, NNSA Nevada Site Office, P.O. Box 98518, Las Vegas, NV 89193-8518 U.S. Department of Energy, Oak Ridge Office, P.O. Box 2001, Oak Ridge, TN 37831 U.S. Department of Energy, Office of Scientific and Technical Information, P.O. Box 62, Oak Ridge, TN 37831 U.S. Department of Energy, Office of Superconducting Super Collider, 2550 Beckleymeade Avenue, MS 1020, Dallas, TX 75237-3946 U.S. Department of Energy, Environmental Management Consolidated Business Center, 1 Mound Road, Miamisburg, OH 45342 U.S. Department of Energy, Pittsburgh Naval Reactors Office, P.O. Box 109, West Mifflin, PA 15122-0109 U.S. Department of Energy, Pittsburgh Naval Reactors Office, Idaho Branch Office, P.O. Box 2469, Idaho Falls, ID 83403-2469 U.S. Department of Energy, Richland Operations Office, 825 Jadwin Avenue, P.O. Box 550, Richland, WA 99352 U.S. Department of Energy, Savannah River Operations Office, P.O. Box A, Aiken, SC 29801 U.S. Department of Energy, Schenectady Naval Reactors Office, P.O. Box 1069, Schenectady, NY 12301 U.S. Department of Energy, Southeastern Power Administration, 1166 Athens Tech Road, Elberton, GA 30635-4578 U.S. Department of Energy, Southwestern Power Administration, Williams Tower One, One West Third Street, Tulsa, OK 74103 U.S. Department of Energy, Strategic Petroleum Reserve Project Office, 900 Commerce Road East, New Orleans, LA 70123 U.S. Department of Energy, Western Area Power Administration, P.O. Box 3402, Golden, CO 80401 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Current and former Department of Energy
(DOE)including National Nuclear Security Administration
(NNSA)employees, and contractor employees who have contacted a service provider and have received counseling and/or have been referred for assistance. CATEGORIES OF RECORDS IN THE SYSTEM:
(a)employee profile—name; social security number; work and home addresses, and work, cellular, and home telephone numbers; job title and grade level; employee identification number; organization; supervisor's name and telephone number; sex; race; marital status; spouse and family members' names; name, address, and telephone number of any previously seen counselor or treatment facility; security clearance;
(b)interest inventory and/or psychological test results;
(c)issue(s) inventory;
(d)case notes;
(e)consent/release forms;
(f)correspondence, including referrals to community resources and/or treatment facilities; and
(g)medical and/or psychological reports. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.* ; 50 U.S.C. 2401 *et seq.* ; Public Law 91-616, Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970; Public Law 102-142, The Omnibus Transportation Employee Testing Act of 1991; 5 U.S.C. 301, 7901, and 7904; 5 CFR Part 792; and 15 U.S.C. 764. PURPOSE(S): The records are maintained and used by the Department to document employees seeking assistance on personal or work-related issues. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to DOE officers and employees under the Privacy Act. 2. A record from the system may be disclosed as a routine use to the appropriate local, state or federal agency in the event that a record within this system of records, alone or in conjunction with other information, if the employee is suspected of child, spousal, or elder abuse. 3. A record from this system may be disclosed as a routine use to any person or entity to the extent necessary to prevent an imminent or potential crime which directly threatens loss of life or serious bodily injury. 4. A record from this system may be disclosed as a routine use to qualified personnel for the purpose of conducting scientific research, management audits, financial audits, or program evaluation, but such personnel may not identify, directly or indirectly, any individual patient in any report, or otherwise disclose patient identities in any manner. 5. A record from this system may be disclosed as a routine use to the Department of Justice or other appropriate Federal agencies in defending claims against the United States, when the claim results from action against an individual based upon the individual's behavior, or mental or physical condition, or is alleged to have arisen because of activities of any Federal agency in connection with the individual. 6. A record from the system may be disclosed as a routine use to the appropriate local, state or federal agency when records alone or in conjunction with other 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 pursuant thereto. 7. A record from this system of records may be disclosed as a routine use to a member of Congress submitting a request involving the constituent when the constituent has requested the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 8. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper records and electronic media. RETRIEVABILITY: Records may be retrieved by name and social security number. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: *Headquarters:* (Federal Employees) Director of Human Capital Management, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585. (Contractor Employees) Director, Office of Health, Safety and Security, U.S. Department of Energy, 1000 Independence Avenue, SW, Washington, DC 20585. *Field Offices:* (Federal Employees) The Human Capital Directors of the “System Locations” listed above are the system managers for their respective portions of this system. (Contractor Employees) The Environment, Safety and Health Managers listed above are the system managers for their respective portion of this system. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by the Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where the work is performed. In accordance with DOE Privacy Act regulation, identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: The subject employee, employee's supervisor(s), employee assistance program coordinator, staff of the applicable servicing personnel office, staff of the applicable personnel security office, and therapists or institutions providing treatment. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-35 SYSTEM NAME: Personnel Radiation Exposure Records. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, Alaska Power Administration, Federal Records Center, San Point Way, NE., Seattle, WA 98115 U.S. Department of Energy, NNSA Service Center Albuquerque, P.O. Box 5400, Albuquerque, NM 87185-5400 U.S. Department of Energy, Allied-Signal, Kansas City Division, P.O. Box 419159, Kansas City, MO 64141 U.S. Department of Energy, Amarillo Site Office, P.O. Box 30030, Amarillo, TX 79120-0030 U.S. Department of Energy, Bettis Atomic Power Laboratory, P.O. Box 79, Pittsburgh, PA 15122-0079 U.S. Department of Energy, Bonneville Power Administration, P.O. Box 3621, Portland, OR 97208 U.S. Department of Energy, Chicago Office, 9800 South Cass Avenue, Argonne, IL 60439 U.S. Department of Energy, Continuous Electron Beam Accelerator Facility, 12000 Jefferson Avenue, Newport News, VA 23606 U.S. Department of Energy, Dayton Area Office, P.O. Box 66, Miamisburg, OH 45342-0066 U.S. Department of Energy, EG&G Mound Applied Technologies, P.O. Box 3000, Miamisburg, OH 45343-3000 U.S. Department of Energy, Fernald Environmental Restoration Management Corporation, P.O. Box 398704, Cincinnati, OH 45239-8704 U.S. Department of Energy, Fernald Field Office, 7400 Willey Road, Cincinnati, OH 45030 U.S. Department of Energy, Golden Field Office, 1617 Cole Boulevard, Golden, CO 80401 U.S. Department of Energy, Grand Junction Office, 2597 B 3/4 Road, Grand Junction, CO 81503 U.S. Department of Energy, Headquarters, 1000 Independence Avenue, SW., Washington, DC 20585 U.S. Department of Energy, Idaho Operations Office, 850 Energy Drive, Idaho Falls, ID 83404 U.S. Department of Energy, Inhalation Toxicology Research Institute, P.O. Box 5890, Albuquerque, NM 87185 U.S. Department of Energy, Kansas City Site Office, 2000 E. 9th Street, Kansas City, MO 64141-3202 U.S. Department of Energy, Sandia Site Office, P.O. Box 5400, Albuquerque, NM 87185-5400 U.S. Department of Energy, Knolls Atomic Power Laboratory, P.O. Box 1072, Schenectady, NY 12301 U.S. Department of Energy, Livermore Site Office, P.O. Box 808, Livermore, CA 94551 U.S. Department of Energy, Lawrence Berkeley Laboratory, One Cyclotron Road, Building 26, Room 143, Berkeley, CA 94720 U.S. Department of Energy, Los Alamos Site Office, 528 35th Street, Los Alamos, NM 87544 U.S. Department of Energy, Lockheed Martin Energy Systems, Inc., Y-12 Plant, P.O. Box 2009, Oak Ridge, TN 37831-8103 U.S. Department of Energy, Lockheed Martin Energy Systems, Inc., K-25 Plant, P.O. Box 2003, Oak Ridge, TN 37831-7422 U.S. Department of Energy, MK Ferguson of Oak Ridge Company, P.O. Box 2011, Oak Ridge, TN 37831-2011 U.S. Department of Energy, National Energy Technology Laboratory (Morgantown), P.O. Box 880, Morgantown, WV 26505 U.S. Department of Energy, National Energy Technology Laboratory (Pittsburgh), P.O. Box 10940, Pittsburgh, PA 15236-0940 U.S. Department of Energy, National Institute for Petroleum and Energy Research, BDM-Oklahoma, Inc., P.O. Box 2565, Bartlesville, OK 74005 U.S. Department of Energy, National Renewable Energy Laboratory Area Office, 1617 Cole Boulevard, Golden, CO 80401-3393 U.S. Department of Energy, Naval Petroleum and Oil Shale Reserves, 907 N. Poplar, Suite 150, Casper, WY 82601 U.S. Department of Energy, Naval Petroleum Reserves in California, P.O. Box 11, Tupman, CA 93276 U.S. Department of Energy, Naval Reactors Representative Office, Naval Base Branch Post Office, General Delivery, Charleston Naval Shipyard, Charleston, SC 29408-5615 U.S. Department of Energy, Naval Reactors Representative Office, P.O. Box 7021, Groton, CT 06340 U.S. Department of Energy, Naval Reactors Representative Office, Mare Island Naval Shipyard, P.O. Box 2053, Vallejo, CA 94592 U.S. Department of Energy, Naval Reactors Representative Office, Newport News Shipbuilding & Dry Dock Company, P.O. Box 973, Newport News, VA 23607 U.S. Department of Energy, Naval Reactors Representative Office, Norfolk Naval Shipyard P.O. Box 848, Portsmouth, VA 23705-0848 U.S. Department of Energy, Naval Reactors Representative Office, Pearl Harbor Naval Shipyard P.O. Box 128, Pearl Harbor, HI 96860 U.S. Department of Energy, Naval Reactors Representative Office, Portsmouth Naval Shipyard Naval Base Branch, P.O. Box 2008, Portsmouth, NH 03801-2008 U.S. Department of Energy, Naval Reactors Representative Office, Puget Sound Naval Shipyard Substation, P.O. Box 1A, Bremerton, WA 98314 U.S. Department of Energy, NNSA Nevada Site Office, P.O. Box 98518, Las Vegas, NV 89193-98518 U.S. Department of Energy, Nevada Test Site Mercury, Mercury, NV 89023 U.S. Department of Energy, Oak Ridge Office, P.O. Box 2001, Oak Ridge, TN 37831 U.S. Department of Energy, Environmental Management Consolidated Business Center, 1 Mound Road, Miamisburg, OH 45342 U.S. Department of Energy, Pacific Northwest National Laboratory, 902 Battelle Boulevard, P.O. Box 999, Richland, WA 99352 U.S. Department of Energy, Phoenix Area Office, P.O. Box 6457, Phoenix, AZ 85005 U.S. Department of Energy, Pittsburgh Naval Reactors Office, P.O. Box 109, West Mifflin, PA 15122-0109 U.S. Department of Energy, Portsmouth Site Office, P.O. Box 700, Piketon, OH 45661 U.S. Department of Energy, Princeton Area Office, P.O. Box 102, Princeton, NJ 08542 U.S. Department of Energy, Radiological and Environmental Sciences Laboratory, 850 Energy Drive, Idaho Falls, ID 83402 U.S. Department of Energy, Richland Operations Office, 825 Jadwin Avenue, P.O. Box 550, Richland, WA 99352 U.S. Department of Energy, Rocketdyne—Rockwell Aerospace, 6633 Canoga Avenue, P.O. Box 7922, Department 056 EA08, Canoga Park, CA 91309-7922 U.S. Department of Energy, Sandia Site Office, P.O. Box 5800, Albuquerque, NM 87115 U.S. Department of Energy, Savannah River Operations Office, P.O. Box A, Aiken, SC 29801 U.S. Department of Energy, Schenectady Naval Reactors Office, P.O. Box 1069, Schenectady, NY 12301 U.S. Department of Energy, Southeastern Power Administration, 1166 Athens Tech Road, Elberton, GA 30635-4578 U.S. Department of Energy, Southwestern Power Administration, Williams Tower One, One West Third Street, Tulsa, OK 74103 U.S. Department of Energy, Stanford Linear Accelerator Center, P.O. Box 4349, Stanford, CA 94309 U.S. Department of Energy, Strategic Petroleum Reserve Project Office, 900 Commerce Road East, New Orleans, LA 70123 U.S. Department of Energy, Waste Isolation Pilot Plant, Westinghouse Electric Company, Waste Isolation Division, P.O. Box 2078, Carlsbad, NM 88220 U.S. Department of Energy, Weldon Spring Site Remedial Action Project, 7295 Highway 94 South, St. Charles, MO 63304 U.S. Department of Energy, West Valley Nuclear Service Company, Inc., 10282 Rock Springs Road, P.O. Box 191, MS: F, West Valley, NY 14171 U.S. Department of Energy, Waste Isolation Pilot Project Office, P.O. Box 3090, Carlsbad, NM 88221 U.S. Department of Energy, Western Area Power Administration, P.O. Box 3402, Golden, CO 80401 U.S. Department of Energy, Westinghouse Electric Corporation, Bettis Atomic Power Laboratory, Naval Reactors Facility, P.O. Box 2068, Idaho Falls, ID 83403-2068 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: U.S. Department of Energy
(DOE)employees including National Nuclear Security Administration employees, and contractor employees, and any other persons having access to certain DOE facilities. CATEGORIES OF RECORDS IN THE SYSTEM: DOE contractor personnel and other individuals' radiation exposure records, social security numbers, and other records, in connection with registries of uranium, transuranic, or other elements encountered in the nuclear industry. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.* and 50 U.S.C. 2401 *et seq.* PURPOSE(S): The records are maintained and used by the Department for the purpose of monitoring and recording levels of radiation exposure to individuals working or visiting DOE facilities. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from this system may be disclosed as a routine use to the Department of the Navy to monitor radiation exposure of Naval and other personnel. 2. A record from this system may be disclosed as a routine use to the Nuclear Regulatory Commission to monitor radiation exposure of DOE and its contractors and consultants, contractors from other agencies who have been exposed to ionizing radiation during nuclear testing, and to conduct epidemiological studies of radiation effects on individuals so identified. 3. A record from this system may be disclosed to the Department of Defense for the purpose of identifying DOD and DOD-contractor personnel exposed to ionizing radiation during nuclear testing and for conducting epidemiological studies of radiation effects on individuals so identified. 4. A record from this system may be disclosed as a routine use to contractor personnel, grantees, and cooperative agreement holders of components of the Department of Health and Human Services, including the National Institute for Occupational Safety and Health and the National Center for Environmental Health of the Centers for Disease Control and Prevention, and the Agency for Toxic Substances and Disease Registry pursuant to a Memoranda of Understanding between the Department and the Department of Health and Human Services or its components. 5. A record from this system may be disclosed as a routine use to contractors, grantees, participants in cooperative agreements, and collaborating researchers, or the employees of these parties, in performance of health studies or related health or environmental duties pursuant to their contracts, grants, and cooperating or collaborating research agreements. In order to perform such studies, the Department, its contractors, grantees, participants in cooperative agreements, and collaborating researchers may disclose a record to Federal, State and local health and medical agencies or authorities; to subcontractors in order to determine a subject's vital status or cause of death; to health care providers to verify a diagnosis or cause of death; or to third parties to obtain current addresses for participants in health-related studies, surveys and surveillance. All recipients of such records are required to comply with the Privacy Act, to follow prescribed measures to protect personal privacy, and to disclose or use personally identifiable information only for the above described research purposes. 6. A record from this system may be disclosed as a routine use to members of DOE advisory committees, the Department of Health and Human Services Advisory Committee on Projects Related to Department of Energy Facilities and to designated employees of Federal, State, or local government or government-sponsored entities authorized to provide advice to the Department concerning health, safety or environmental issues. All recipients of such records are required to comply with the Privacy Act, to follow prescribed measures to protect personal privacy, and to disclose or use personally identifiable information only for the purpose of providing advice to the Department or to the Department of Health and Human Services. 7. A record from this system may be disclosed to Department of Health and Human Services, their contractors, grantees, and cooperative agreement holders, pursuant to the Energy Employees Occupational Illness Compensation Program Act of 2000, to estimate radiation doses and other workplace exposures received by Department of Energy and contractor employees. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 8. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 9. A record from this system may be disclosed as a routine use to the personnel, contractors, grantees, and cooperative agreement holders of the Department of Labor, the Department of Health and Human Services, the Department of Justice, and other Federal agencies and their components, designated by the President to implement the Federal compensation program established by the Energy Employees Occupational Illness Compensation Program Act, for the purpose of assisting in the adjudication or processing of a claim under that Act. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 10. A record from this system of records may be disclosed to a member of Congress submitting a request involving a constituent when the constituent has requested assistance from a member with respect to the subject matter of record. The member of Congress must provide a copy of the constituent's request for assistance. 11. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper records, microfilm and electronic media. RETRIEVABILITY: Records may be retrieved by name, alphanumeric code, and social security number. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: *Headquarters:* Chief Health, Safety and Security Officer, Office of Health, Safety and Security, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585. *Field Offices:* The Managers and Directors of the “System Locations” listed above are the records are maintained are the system managers for their respective portions of this system. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by the Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at location where the work is performed. In accordance with the DOE's Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: The subject individual, accident-incident investigations, film badges, dosimetry records, and previous employee records. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-38 SYSTEM NAME: Occupational and Industrial Accident Records. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy Headquarters, 1000 Independence Avenue, SW., Washington, DC 20585 U.S. Department of Energy, Alaska Power Administration, San Point Way, NE., Seattle, WA 98115 U.S. Department of Energy, NNSA Service Center Albuquerque, P.O. Box 5400, Albuquerque, NM 87185-5400 U.S. Department of Energy, Amarillo Site Office, Pantex Plant, P.O. Box 1086, Amarillo, TX 79105 U.S. Department of Energy, Bonneville Power Administration, P.O. Box 3621, Portland, OR 97208 U.S. Department of Energy, Chicago Office, 9800 South Cass Avenue, Argonne, IL 60439 U.S. Department of Energy, Carbondale Mining Research Center, P.O. Box 2587, Carbondale, IL 62901 U.S. Department of Energy, Clinch River Breeder Reactor Plant Project, P.O. Box U, Oak Ridge, TN 37830 U.S. Department of Energy, Dayton Area Office, P.O. Box 66, Miamisburg, OH 45342 U.S. Department of Energy, Environmental Management Consolidated Business Center (EMCBC), 250 E. Fifth Street, Suite 500, Cincinnati, OH 45202 U.S. Department of Energy, Environmental Measurements Laboratory, 376 Hudson Street, New York, NY 10014 U.S. Department of Energy, Idaho Operations Office, 850 Energy Drive, Idaho Falls, ID 83401 U.S. Department of Energy, Idaho Branch Office, P.O. Box 2469, Idaho Falls, ID 8340 U.S. Department of Energy, Kansas City Site Office, 2000 E 95th Street, Kansas City, MO 64141-3202 U.S. Department of Energy, Knolls Atomic Power Laboratory, P.O. Box 1072, Schenectady, NY 12301 U.S. Department of Energy, Los Alamos Site Office, P.O. Box 5800, Los Alamos, NM 87544 U.S. Department of Energy, National Energy Technology Laboratory (Morgantown), P.O. Box 880, Morgantown, WV 26505 U.S. Department of Energy, National Energy Technology Laboratory (Pittsburgh), P.O. Box 10940, Pittsburgh, PA 1512 U.S. Department of Energy, Naval Petroleum Reserve, P.O. Box 11, Tupman, CA 93276 U.S. Department of Energy, Nevada Test Site, Mercury, NV 89023 U.S. Department of Energy, NNSA Nevada Site Office, P.O. Box 98518, Las Vegas, NV 89193-8518 U.S. Department of Energy, Oak Ridge Office, P.O. Box E, Oak Ridge, TN 37830 U.S. Department of Energy, Pittsburgh Naval Reactors, P.O. Box 109, Pittsburgh, PA 15122 U.S. Department of Energy, Puerto Rico Area Office, P.O. Box BB, San Juan, PR 00935 U.S. Department of Energy, Richland Operations Office, P.O. Box 550, Richland, WA 99352 U.S. Department of Energy, Sandia Area Office, P. O. Box 5800, Albuquerque, NM 87115 U.S. Department of Energy, Savannah River Operations Office, P.O. Box A, Aiken, SC 29801 U.S. Department of Energy, Schenectady Naval Reactors Office, P.O. Box 1069, Schenectady, NY 12301 U.S. Department of Energy, Shippingport Branch Office, P. O. Box 11, Shippingport, PA 15077 U.S. Department of Energy, Southeastern Power Administration, 1166 Athens Tech Road, Elberton, GA 30635-4578 U.S. Department of Energy, Southwestern Power Administration, Williams Tower One, One West Third Street, Tulsa, OK 74103 U.S. Department of Energy, Strategic Petroleum Reserve, 900 Commerce Road, East, New Orleans, LA 70123 U.S. Department of Energy, Western Area Power Administration, P.O. Box 3402, Golden, CO 80401 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Department of Energy
(DOE)including National Nuclear Security Administration
(NNSA)employees, contractor employees, and any other persons having access to DOE facilities who have had accidents on DOE facilities. Also individuals involved in accidents with employees or contractor employees or other persons having access to DOE facilities. CATEGORIES OF RECORDS IN THE SYSTEM: Name, social security number, accident/incident information, occupational injury and illness experience, property damage experience, and motor vehicle accidents. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 5 U.S.C. 301; Department of Energy Organization Act, including authorities incorporated by reference in Title III of the Department of Energy Organization Act; Federal Tort Claims Act, 28 U.S.C. 2671-2680; Military Personnel and Civilian Employees Claims Act, 31 U.S.C. 240-243; Executive Order 12009. PURPOSE(S): The records are maintained and used by the Department to monitor and record information about DOE employees, contract employees, and other persons, who have had accidents on DOE facilities. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from this system may be disclosed as a routine use to physicians, the Department of Labor, various State departments of labor and industry groups, and contractors who use information to:
(a)Ascertain suitability of an employee for job assignments with regard to health,
(b)provide benefits under Federal programs or contracts, and
(c)maintain a record of occupational injuries or illnesses and the performance of regular diagnostic and treatment services for patients. 2. A record from this system may be disclosed as a routine use for the purpose of an investigation, settlement of claims, or the preparation and conduct of litigation to
(1)persons representing the Department in the investigation, settlement or litigation, and to individuals assisting in such representation;
(2)others involved in the investigation, settlement, and litigation, and their representatives and individuals assisting those representatives;
(3)witnesses, potential witnesses, or their representatives and assistants, and any other person who possesses information pertaining to the matter, when it is necessary to obtain information or testimony relevant to the matter. 3. A record from the system may be disclosed as a routine use to a federal, state, or local agency to obtain information relevant to a Departmental decision concerning the hiring or retention of an employee, the issuance of a security clearance, the letting of a contract, or the issuance of a license, grant, or other benefit. The Department must deem such disclosure to be compatible with the purpose for which the Department collected the information. 4. A record from this system may be disclosed to a federal agency to facilitate the requesting agency's decision concerning the hiring or retention of an employee, the issuance of a security clearance, the reporting of an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or other benefit, to the extent that the information is relevant and necessary to the requesting agency's decision on the matter. The Department must deem such disclosure to be compatible with the purpose for which the Department collected the information. 5. A record from this system may be disclosed as a routine use in court or administrative proceedings to the tribunals, counsel, other parties, witnesses, and the public (in publicly available pleadings, filings or discussion in open court) when such disclosure:
(1)Is relevant to, and necessary for, the proceeding;
(2)is compatible with the purpose for which the Department collected the records; and
(3)the proceedings involve:
(a)The Department, its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, or
(b)A current or former employee of the Department and its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, who is acting in an official capacity, or in any individual capacity where the Department or other United States Government agency has agreed to represent the employee. 6. A record from the system may be disclosed as a routine use to the appropriate local, state or federal agency when records alone or in conjunction with other information, indicate a violation or potential violation of law whether civil, criminal, or regulatory in nature, and whether arising by general statute or particular program pursuant thereto. 7. A record from this system of records may be disclosed to foreign governments or international organizations in accordance with treaties, international conventions, or executive agreements. 8. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 9. A record from this system of records may be disclosed to a member of Congress submitting a request involving a constituent when the constituent has requested assistance from the member with respect to the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 10. A record from this system may be disclosed as a routine use to DOE contractor personnel, grantees, and cooperative agreement holders of components of the Department of Health and Human Services, including the National Institute for Occupational Safety and Health, the National Center for Environmental Health of the Center for Disease Control and Prevention, and the Agency for Toxic Substances and Disease Registry when conducting epidemiological studies, or public health activities as required by law performed and pursuant to a Memorandum of Understanding between the Department of Health and Human Services or its components. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 11. A record from this system may be disclosed as a routine use to contractors, grantees, participants in cooperative agreements, and collaborating researchers, or the employees of these parties, when conducting health studies or related health or environmental duties pursuant to their contracts, grants, and cooperating or collaborating research agreements. In order to conduct the studies, the Department, its contractors, grantees, participants in cooperative agreements, and collaborating researchers may disclose a record to federal, state and local health and medical agencies or authorities; to subcontractors in order to determine a subject's vital status or cause of death; to health care providers to verify a diagnosis or cause of death; or to third parties to obtain current addresses for participants in health-related studies, surveys and surveillances. All recipients of such records are required to comply with the Privacy Act, to follow prescribed measures to protect personal privacy, and to disclose or use personally identifiable information only for the above described research purpose. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 12. A record from this system of records may be disclosed to members of DOE advisory committees, the Department of Health and Human Services Advisory Committee on Project Related to Department of Energy Facilities and to designated employees of Federal, State, or local government or government-sponsored entities authorized to provide advice to the Department concerning health, safety, or environmental issues. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 13. A record from this system may be disclosed as a routine use to the personnel, contractors, grantees, and cooperative agreement holders of the Department of Labor, the Department of Health and Human Services, the Department of Justice, and other Federal agencies and their components, designated by the President to implement the Federal compensation program established by the Energy Employees Occupational Illness Compensation Program Act, for the purpose of assisting in the adjudication or processing of a claim under that Act. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 14. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper records, microfilm, and electronic media. RETRIEVABILITY: Records may be retrieved by name and social security number. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Passwords are known only by the system manager. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: *Headquarters:* Chief, Health, Safety and Security Officer, Office of Health, Safety and Security, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585. *Field Offices:* The Managers and Directors of field locations listed above under “System Location(s)” are the system managers for their respective portions of this system. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by the Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at location where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: The individual who is the subject of the record, physicians, medical institutions, Office of Workers Compensation Programs, military retired pay system records, Federal civilian retirement systems, retirement life insurance and health benefits records system of the Office of Personnel Management, and the personnel management records systems of the Office of Personnel Management. SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-41 SYSTEM NAME: Legal Files (Claims, Litigation, Criminal Violations, Patents, and Others). SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy Headquarters, 1000 Independence Avenue, SW., Washington, DC 20585 U.S. Department of Energy, Alaska Power Administration, Federal Records Center, San Point Way, NE., Seattle, WA 98115 U.S. Department of Energy, NNSA Service Center Albuquerque, P.O. Box 5400, Albuquerque, NM 87115 U.S. Department of Energy, Bartlesville Energy Technology Center, P.O. Box 1398, Bartlesville, OK 74003 U.S. Department of Energy, Bonneville Power Administration, P.O. Box 3621, Portland, OR 97208 U.S. Department of Energy, Chicago Office, 9800 South Cass Avenue, Argonne, IL 60439 U.S. Department of Energy, Grand Forks Energy Technology Center, P.O. Box 8213, University Station, Grand Forks, ND 58201 U.S. Department of Energy, Idaho Operations Office, 850 Energy Drive, Idaho Falls, ID 83401 U.S. Department of Energy, Los Alamos Site Office, 528 35th Street, Los Alamos, NM 87544 U.S. Department of Energy, National Energy Technology Laboratory (Morgantown), P.O. Box 880, Morgan town, WV 26505 U.S. Department of Energy, National Energy Technology Laboratory (Pittsburgh), P.O. Box 10940, Pittsburgh, PA 15122 U.S. Department of Energy, NNSA Nevada Site Office, P.O. Box 98518, Las Vegas, NV 8913-8518 U.S. Department of Energy, Oak Ridge Office, P.O. Box E, Oak Ridge, TN 37830 U.S. Department of Energy, Pittsburgh Naval Reactors, P.O. Box 109, Pittsburgh, PA 15122 U.S. Department of Energy, Richland Operations Office, P.O. Box 550, Richland, WA 99352 U.S. Department of Energy, Savannah River Operations Office, P.O. Box A, Aiken, SC 29801 U.S. Department of Energy, Schenectady Naval Reactors Office, P.O. Box 1069, Schenectady, NY 12301 U.S. Department of Energy, Southeastern Power Administration, 1166 Athens Tech Road, Elberton, GA 30635-4578 U.S. Department of Energy, Southwestern Power Administration, Williams Tower One, One West Third Street, Tulsa, OK 74103 U.S. Department of Energy, Western Area Power Administration, P.O. Box 3402, Golden, CO 80401 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: All persons identified in files maintained by the Office of General Counsel, which includes attorneys at all DOE offices including National Nuclear Security Administration (NNSA), from which information is retrieved by name or other personal identifier, including: litigants and other claimants against the Department and its contractors asserting matters including, but not limited to, personal injury, property damage or infringement (including intellectual property), contract violation and harms resulting from employer-employee relationships; persons who are the subjects of claims by the DOE, such as persons who may have violated criminal laws, DOE regulations and contracts with the DOE and persons against whom the DOE considered asserting such claims; DOE's contractors and potential contractors; persons holding copyrights and issued patents pertaining to the DOE's activities; DOE employees, subject to garnishment or assignments; and DOE employees and contractor employees who use Alternative Dispute Resolution (ADR). CATEGORIES OF RECORDS IN THE SYSTEM: Records concerning legal matters include, but are not limited to, documents pertaining to:
(1)Litigation and all other claims against, and by, the DOE and its contractors, which have been assigned to the Office of General Counsel;
(2)DOE contracts;
(3)issued patents and copyright matters;
(4)records pertaining ADR. Litigation and claim records may, among others, include correspondence, pleadings such as complaints, answers, and motions; depositions, court orders and briefs. Records in this system also may include accident reports, inspection reports, investigation reports, audit reports, personnel files, contracts, consultant agreements, reports pertaining to criminal matters of interest to the DOE, Personnel Security Review Board documents, medical records, photographs, telephone records, patents and related documents, correspondence, and memoranda. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.* and 50 U.S.C. 2401 *et seq.* PURPOSE(S): The records are maintained and used by the Department to settle claims and prepare for litigation and resolve disputes. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from this system may be disclosed as a routine use for the purpose of an investigation, settlement of claims, or the preparation and conduct of litigation to:
(1)A person representing the Department in the investigation, settlement or litigation, and to individuals assisting in such representation;
(2)others involved in the investigation, settlement, and litigation, and their representatives and individuals assisting those representatives;
(3)a witness, potential witness, or their representatives and assistants, and any other person who possesses information pertaining to the matter, when it is necessary to obtain information or testimony relevant to the matter. 2. A record from this system may be disclosed as a routine use in court or administrative proceedings to the tribunals, counsel, other parties, witnesses, and the public (in publicly available pleadings, filings or discussion in open court) when such disclosure:
(1)Is relevant to, and necessary for, the proceeding;
(2)is compatible with the purpose for which the Department collected the records; and
(3)the proceedings involve:
(a)The Department, its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, or
(b)A current or former employee of the Department and its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, who is acting in an official capacity, or in any individual capacity where the Department or other United States Government agency has agreed to represent the employee. 3. A record from the system may be disclosed as a routine use to a federal, state, or local agency to obtain information relevant to a Departmental decision concerning the hiring or retention of an employee, the issuance of a security clearance, the letting of a contract, or the issuance of a license, grant, or other benefit. The Department must deem such disclosure to be compatible with the purpose for which the Department collected the information. 4. A record from this system may be disclosed to a federal agency to facilitate the requesting agency's decision concerning the hiring or retention of an employee, the issuance of a security clearance, the reporting of an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or other benefit, to the extent that the information is relevant and necessary to the requesting agency's decision on the matter. The Department must deem such disclosure to be compatible with the purpose for which the Department collected the information. 5. A record from the system may be disclosed as a routine use to the appropriate local, state or federal agency when records alone or in conjunction with other 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 pursuant thereto. 6. A record from this system of records may be disclosed to a member of Congress submitting a request involving the constituent when the constituent has requested assistance from the member with respect to the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 7. A record from this system of records may be disclosed to foreign governments or international organizations in accordance with treaties, international conventions, or executive agreements. 8. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 9. A record from this system may be disclosed as a routine use to the personnel, contractors, grantees, and cooperative agreement holders of the Department of Labor, the Department of Health and Human Services, the Department of Justice, and other Federal agencies and their components, designated by the President to implement the Federal compensation program established by the Energy Employees Occupational Illness Compensation Program Act, for the purpose of assisting in the adjudication or processing of a claim under that Act. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 10. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper records and electronic media. RETRIEVABILITY: Records may be retrieved by name, case name, claim name, or assigned identifying number. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: *Headquarters:* Deputy General Counsel, Office of the General Counsel, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585. *Field Offices:* The Chief Counsels of the “System Locations” listed above are the system managers for their respective portions of this system. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by the Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: Subject individuals, inspection reports, other agencies, Office of General Counsel attorneys, other agency officers and staff, contractors, investigators, and auditors. SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: This system is exempt under subsection (k)(1), (k)(2), and (k)(5) of the Privacy Act, to the extent that information within the System meets the criteria of those subsections of the Act. Such information has been exempted from the provisions of subsections (c)(3), (d), and (e)(1) of the Act; see the DOE Privacy Act regulation at Title 10, Code of Federal Regulations, Part 1008. DOE-43 SYSTEM NAME: Personnel Security Files. SECURITY CLASSIFICATION: Unclassified and classified. SYSTEM LOCATION(S): U.S. Department of Energy, Headquarters, 1000 Independence Avenue, SW., Washington, DC 20585 U.S. Department of Energy, NNSA Service Center Albuquerque, P.O. Box 5400, Albuquerque, NM 87185-5400 U.S. Department of Energy, Chicago Office, 9800 South Cass Avenue, Argonne, IL 60439 U.S. Department of Energy, Idaho Operations Office, 850 Energy Drive, Idaho Falls, ID 83401 U.S. Department of Energy, NNSA Nevada Site Office, P.O. Box 98518, Las Vegas, NV 89193-8518 U.S. Department of Energy, Oak Ridge Office, P.O. Box 2001, Oak Ridge, TN 37831 U.S. Department of Energy, Pittsburgh Naval Reactors Office, P.O. Box 109, West Mifflin, PA 15122-0109 U.S. Department of Energy, Richland Operations Office, 825 Jadwin Avenue, P.O. Box 550, Richland, WA 99352 U.S. Department of Energy, Savannah River Operations Office, P.O. Box A, Aiken, SC 29801 U.S. Department of Energy, Schenectady Naval Reactors Office, P.O. Box 1069, Schenectady, NY 12301 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Applicants for Department of Energy
(DOE)including National Nuclear Security Administration
(NNSA)employment; DOE employees including assignees and detailees, agents and consultants with the DOE, DOE contractors and subcontractors, and DOE access permittees processed for DOE access authorizations for access to classified matter or special nuclear materials; other Federal agency contractor and subcontractor applicants for employment, and their employees, detailees, agents, and consultants processed for DOE access authorizations; and other individuals processed for DOE access authorizations as determined by the Secretary. CATEGORIES OF RECORDS IN THE SYSTEM: Name, date and place of birth, social security number, citizenship status, grade, organization, employer(s), initial investigation and reinvestigation history; and access authorization history; the formal request(s) and justification(s) for access authorization processing; security forms, fingerprint cards, and acknowledgments completed by the individual for both the initial investigation and reinvestigation; results of pre-employment checks (if required); request(s) and approval(s) for issuance of a security badge(s); report of investigation provided by an agency which has previously conducted an investigation of the individual for employment or security clearance purposes; approvals for classified visits; photographs; security infraction reports; security termination statement(s), foreign travel document; letters of interrogatory, personnel security interview transcripts or summaries, and/or audio tapes of the interviews, and evaluations of the interviews; reports of hospitalization or treatment for a mental condition or substance abuse, including information provided by an Employee Assistance Program provider; reports of DOE-sponsored mental evaluations conducted by competent medical authorities; reports of security violations; public record information to include law enforcement, financial, divorce, bankruptcy, name change and other court information or reports and copies of information appearing in the media; security advisory letters; information concerning citizenship status, foreign contacts, and spouse and/or individual(s) with whom the individual resides; administrative review processing data; justifications for participation in sensitive DOE activities and/or for Sensitive Compartmented Information access approval; results of required testing for participation in sensitive DOE activities; documents concerning Interim Access Authorization processing or processing under Section 145b of the Atomic Energy Act of 1954, as amended; written evaluations of reported derogatory information; credit check results; copies of correspondence to and from the individual concerning the items above and copies of inter- and intra-agency correspondence concerning the items above; and any other material relevant to the individual's DOE access authorization or special authorization eligibility or processing and, for DOE employees, suitability for Federal employment. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.* ; 50 U.S.C. 2401 *et seq.* ; 10 CFR Part 710, Subpart A; Executive Orders 10450 and 12968; 5 CFR Part 732; DOE O 474.4 Safeguards and Security Program of 8-26-05; DOE M 470.4-5, Personnel Security, of 08-26-05 and Director of Central Intelligence Directive 6/14 of 6-20-00. PURPOSE(S): The records are maintained and used by the Department as an official record of all information gathered and evaluated to determine an individual's initial and continued DOE access authorization eligibility and, if applicable, an individual's eligibility for participation in DOE sensitive activities or for access to Sensitive Compartmented Information. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from this system may be disclosed as a routine use to competent medical authority who, under a formal agreement for payment of services with the local DOE personnel security element, conducts evaluations under Title 10, Code of Federal Regulations, Part 710, to determine whether an individual has an illness or mental condition of a nature which causes, or may cause, a significant defect in judgment or reliability, or is alcohol dependent or suffering from alcohol abuse. 2. A record from the system may be disclosed as a routine use to a federal, state, or local agency to obtain information relevant to a Departmental decision concerning the hiring or retention of an employee, the issuance of a security clearance, the letting of a contract, or the issuance of a license, grant, or other benefit. The Department must deem such disclosure to be compatible with the purpose for which the Department collected the information. 3. A record from this system may be disclosed to a federal agency to facilitate the requesting agency's decision concerning the hiring or retention of an employee, the issuance of a security clearance, the reporting of an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or other benefit, to the extent that the information is relevant and necessary to the requesting agency's decision on the matter. The Department must deem such disclosure to be compatible with the purpose for which the Department collected the information. 4. A record from the system may be disclosed as a routine use to the appropriate local, state or federal agency when records alone or in conjunction with other 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 pursuant thereto. 5. A record from this system of records may be disclosed to a member of Congress submitting a request involving the constituent when the constituent has requested assistance from the member with respect to the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 6. A record from this system of records may be disclosed to foreign governments or international organizations in accordance with treaties, international conventions, or executive agreements. 7. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 8. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: A record may be stored as paper records, microfiche, and electronic media. RETRIEVABILITY: Records may be retrieved by name and assigned DOE file number (alphanumeric code). SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: *Headquarters:* Director, Office of Security Operations, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585 *Field Offices:* The Managers of the “System Locations” listed above are the system managers for their respective portions of this system. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by the Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where the work is performed. In accordance with DOE's Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: Documents completed and/or furnished by subject; Department of Energy; Office of Personnel Management; Federal Bureau of Investigation; Defense Security Service; medical professionals; and confidential sources. SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: This system is exempt under subsection (k)(1), (k)(2), and (k)(5) of the Privacy Act to the extent that information within the System meets the criteria of those subsections of the Act. Such information has been exempted from the provisions of subsections (c)(3), (d), and (e)(1) of the Act. See the Department's Privacy Act regulation at Title 10, Code of Federal Regulations, Part 1008. DOE-44 SYSTEM NAME: Special Access Authorization for Categories of Classified Information. SECURITY CLASSIFICATION: Classified. SYSTEM LOCATION(S): U.S. Department of Energy, Headquarters, 1000 Independence Avenue, SW., Washington, DC 20585 U.S. Department of Energy, NNSA Service Center Albuquerque, P.O. Box 5400, Albuquerque, NM 87185-5400 U.S. Department of Energy, Amarillo Site Office, Highway 60 FM2373, Amarillo, TX 79120 U.S. Department of Energy, Idaho Operations Office, 850 Energy Drive, Idaho Falls, ID 83401 U.S. Department of Energy, Kansas City Site Office, 2000 E. 95th Street, Kansas City, MO 64141-3202 U.S. Department of Energy, Los Alamos Site Office, 528 35th Street, Los Alamos, NM 87544 U.S. Department of Energy, NNSA Nevada Site Office, P.O. Box 98518, Las Vegas, NV 89193-8518 U.S. Department of Energy, Oak Ridge Office, P.O. Box 2001, Oak Ridge, TN 37831 U.S. Department of Energy, Richland Operations Office, 825 Jadwin Avenue, P.O. Box 550, Richland, WA 99352 U.S. Department of Energy, Sandia Site Office, 1515 Eubank Avenue, Albuquerque, NM 87123 U.S. Department of Energy, Savannah River Operations Office, P.O. Box A, Aiken, SC 29801 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Current and former Department of Energy
(DOE)and National Nuclear Security Administration employees, current and former DOE contractor employees, and employees of other Federal agencies authorized access to special categories of classified information and compartmentalized DOE facilities and/or areas. CATEGORIES OF RECORDS IN THE SYSTEM: Names of individuals, social security numbers, letters and memoranda, and status reports relating to authorized access to special categories of classified information and compartmentalized DOE facilities and/or areas. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101; 50 U.S.C. 2401; 5 U.S.C. 301; Atomic Energy Act of 1954, as amended; Department of Energy Organization Act, including authorities incorporated by reference in Title of the Department of Energy Organization Act; DOE M 471.2-4, Executive Order 12333; Executive Order 12968; Federal Personnel Manual, Chapters 731 and 736. PURPOSE(S): The records are maintained and used by DOE to verify individuals who are authorized access to special categories of classified information and compartmentalized DOE facilities and/or areas. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from this system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 2. A record from this system may be disclosed as a routine use to other federal agencies or departments for determining individuals who have access to classified information generated by these agencies. 3. A record from the system may be disclosed as a routine use to the appropriate local, state or federal agency when records alone or in conjunction with other 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 pursuant thereto. 4. A record from this system may be disclosed as a routine use to a member of Congress submitting a request involving a constituent when the constituent has requested assistance from the member of Congress with respect to the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 5. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: A record may be stored as paper records, microfiche, and electronic media. RETRIEVABILITY: Records may be retrieved by name. SAFEGUARDS: Paper records and microfiche are maintained in locked General Services Administration approved security containers. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are locked in General Services Administration approved security containers. Access is limited to those whose official duties require access to the records on a strict need-to-know basis. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: *Headquarters:* Director, Office of Security Operations, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585 *Field Offices:* The Managers of the “System Locations” listed above are the system managers for their respective portions of this system. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by the Laboratory, Site or an Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office location(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where the work is performed. In accordance with DOE's Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: The subject individual, present and former DOE employees and contractor employees; publicly available material; other agencies within the Intelligence Community; other offices and elements within DOE; and other Federal agencies and official records. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: This system is exempt under subsection (k)(1) of the Privacy Act to the extent that information within the System meets the criteria of those subsections of the Act. Such information has been exempted from the provisions of subsections (c)(3),and (e)(1) of the Act. See the Department's Privacy Act regulation at Title 10, Code of Federal Regulations, Part 1008. DOE-45 SYSTEM NAME: Weapon Data Access Control System (WDACS). SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): Headquarters: U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585 U.S. Department of Energy, Albuquerque, P.O. Box 5400, Albuquerque, NM 87185-5400 U.S. Department of Energy, Amarillo Site Office, P.O. Box 30030, Amarillo, TX 79120-0030 U.S. Department of Energy, The Office of Kansas City Site Operations, P.O. Box 410202, Kansas City, MO 64141-0202 U.S. Department of Energy, Miamisburg Area Office, P.O. Box 66, Miamisburg, OH 45342-0066 U.S. Department of Energy, NNSA Nevada Site Office, P.O. Box 98518, Las Vegas, NV 89193-8518 U.S. Department of Energy, Oak Ridge Office, P.O. Box 2001, Oak Ridge, TN 37831 U.S. Department of Energy, Office of Scientific and Technical Information, P.O. Box 62, Oak Ridge, TN 37831 U.S. Department of Energy, Sandia Site Office, Albuquerque, P.O. Box 5800, Albuquerque, NM 87185-5800 U.S. Department of Energy, Sandia Site Office, P.O. Box 969, Livermore, CA 94551-0969 U.S. Department of Energy, Sandia Site Office, Tonopah Test Range, P.O. Box 871, Tonopah, NV 89049 U.S. Department of Energy, Savannah River Operations Office, P.O. Box A, Aiken, SC 29808 U.S. Department of Energy, University of California, Livermore Site Office, 7000 East Avenue, P.O. Box 808, Livermore, CA 94550 U.S. Department of Energy, University of California, Los Alamos National Laboratory, P.O. Box 1663, Los Alamos, NM 87545 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Department of Energy
(DOE)including National Nuclear Security Administration, Department of Defense (DOD), and other Government agency employees, contractors, and consultants requiring access to classified weapons information and/or DOE nuclear weapons program facilities. CATEGORIES OF RECORDS IN THE SYSTEM: Name, social security number, date of birth, citizenship, employer, type of clearance, number and date of clearance, categories of information requested and authorized, locations to be visited and dates of visit, purpose of visit, point of contact, Government agency certifying need-to-know, and classified mail/shipping addresses. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.* and 50 U.S.C. 2401 *et seq.* PURPOSE(S): The records are maintained by the Department to document all persons who have been authorized access to nuclear weapon information through a visit to one of the DOE Nuclear Weapons Complex facilities or to receive classified data via a classified mail/shipping channel. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 2. A record from this system may be disclosed as a routine use to a member of Congress submitting a request involving a constituent when the constituent has requested assistance from the member of Congress with respect to the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 3. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as microfiche, paper records, or electronic media. RETRIEVABILITY: Records may be retrieved by social security number and name. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: *Headquarters:* Deputy Administrator, NNSA, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585. *Field Offices:* The Managers and Directors of the “System Locations” listed above are the system managers for their respective portions of this system. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by a Laboratory, Site or an Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where the work is performed. In accordance with the Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: The individuals, DOE, DOD, and other Government agencies, and their contractors. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-46 SYSTEM NAME: Administrative Review Files. SECURITY CLASSIFICATION: Unclassified and classified. SYSTEM LOCATION(S): U.S. Department of Energy, Headquarters, 1000 Independence Avenue, SW., Washington, DC 20585 U.S. Department of Energy, NNSA Service Center Albuquerque, P.O. Box 5400, Albuquerque, NM 87185-5400 U.S. Department of Energy, Chicago Office, 9800 South Cass Avenue, Argonne, IL 60439 U.S. Department of Energy, Idaho Operations Office, 850 Energy Drive, Idaho Falls, ID 83401 U.S. Department of Energy, NNSA Nevada Site Office, P.O. Box 98518, Las Vegas, NV 89193-8518 U.S. Department of Energy, Oak Ridge Office, P.O. Box 2001, Oak Ridge, TN 37831 U.S. Department of Energy, Pittsburgh Naval Reactors Office, P.O. Box 109, West Mifflin, PA 15122-0109 U.S. Department of Energy, Richland Operations Office, 825 Jadwin Avenue, P.O. Box 550, Richland, WA 99352 U.S. Department of Energy, Savannah River Operations Office, P.O. Box A, Aiken, SC 29801 U.S. Department of Energy, Schenectady Naval Reactors Office, P.O. Box 1069, Schenectady, NY 12301-1069 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Individuals processed for or granted DOE access authorization who are subsequently processed under 10, CFR Part 710 for denial or revocation of access authorization. These individuals may be applicants for employment; employees including assignees and detailees; agents, and consultants with the DOE including National Nuclear Security Administration (NNSA); DOE and NNSA contractors and subcontractors, and DOE access permittees. Other Federal agencies' applicants for employment, and their employees, assignees, detailees, agents, consultants, contractors, and subcontractors. Other individuals as determined by the Secretary of Energy. CATEGORIES OF RECORDS IN THE SYSTEM: Transcript of the hearing convened under 10 CFR Part 710 procedures (when an individual does not avail himself/herself of the right to a hearing under 10 CFR Part 710 procedures, his/her DOE Personnel Security File [see DOE-43, Personnel Security File] becomes the basis of the administrative record); exhibits submitted by the DOE and the respondent to the Hearing Officer for inclusion in the administrative record; the Hearing Officer's opinion; decisions rendered by the Manager, Chief, Health, Safety, and Security Officer, and/or the Appeal Panel; evidence submitted by the DOE or the respondent subsequent to the closing of the administrative record; correspondence to and from the individual (and his/her counsel or representative) related to the conduct of proceedings; intra-agency correspondence related to the conduct of proceedings; and information concerning reconsideration of the case. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.* ; 50 U.S.C. 2401 *et seq.* ; 10 CFR Part 710, Subpart A; Executive Order 12968; DOE O 470.4, Safeguards and Security Program, of 8-26-05, and DOE M 470.4-5, Personnel Security, of 08-26-05. PURPOSE(S): The records are maintained and used by the Department to maintain an official administrative record of 10 CFR Part 710 proceedings that are conducted to determine an individual's DOE access authorization eligibility. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSE OF SUCH USES: 1. A record from this system may be disclosed to competent medical authority who, under a formal agreement for payment of services with the local DOE personnel security element, conducts evaluations under Title 10, Code of Federal Regulations, Part 710, to determine whether an individual has an illness or mental condition of a nature that causes, or may cause, a significant defect in judgment or reliability, or is alcohol dependent or suffering from alcohol abuse. 2. A record from the system may be disclosed as a routine use to a federal, state, or local agency to obtain information relevant to a Departmental decision concerning the hiring or retention of an employee, the issuance of an access authorization, the letting of a contract, or the issuance of a license, grant, or other benefit. The Department must deem such disclosure to be compatible with the purpose for which the Department collected the information. 3. A record from this system of records may be disclosed to a federal agency to facilitate the requesting agency's decision concerning the hiring or retention of an employee, the issuance of a security clearance, the reporting of an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or other benefit, to the extent that the information is relevant and necessary to the requesting agency's decision on the matter. The Department must deem such disclosure to be compatible with the purpose for which the Department collected the information. 4. A record from the system may be disclosed as a routine use to the appropriate local, state or federal agency when records alone or in conjunction with other 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 pursuant thereto. 5. A record from this system of records may be disclosed to a member of Congress submitting a request involving the constituent when the constituent has requested assistance from the member with respect to the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 6. A record from this system of records may be disclosed to foreign governments or international organizations in accordance with treaties, international conventions, or executive agreements. 7. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 8. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES OR STORING, RETRIEVING, ACCESSING, RETAINING AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper records, audio tape, video tape, microfiche and electronic media. RETRIEVABILITY: Records may be retrieved by name and assigned DOE file number. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: *Headquarters:* Director, Office of Security Operations, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585 *Field Offices:* The Managers of the “System Locations” listed above are the system managers for their respective portions of the system. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by a Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where the work is performed. In accordance with DOE's Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: The individual's Personnel Security File, and DOE staff. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: This system is exempt under subsections (k)(1), (k)(2), and (k)(5) of the Privacy Act, to the extent that information within the System meets the criteria of those subsections of the Act. Such information has been exempted from the provisions of subsections (c)(3), (d), and (e)(1) of the Act; see the Department's Privacy Act regulation at Title 10, Code of Federal Regulations, Part 1008. DOE-48 SYSTEM NAME: Security Education and/or Infraction Reports. SECURITY CLASSIFICATION: Classified. SYSTEM LOCATION(S): U.S. Department of Energy, Headquarters, 1000 Independence Avenue, SW., Washington, DC 20585 U.S. Department of Energy, NNSA Service Center Albuquerque, P.O. Box 5400, Albuquerque, NM 87185-5400 U.S. Department of Energy, Amarillo Site Office, Highway 60 FM2373, Amarillo, TX 79120 U.S. Department of Energy, Carlsbad Field Office, 4021 National Parks Highway, Carlsbad, NM 88220 U.S. Department of Energy, Chicago Office, 9800 South Cass Avenue, Argonne, IL 60439 U.S. Department of Energy, Idaho Operations Office, 850 Energy Drive, Idaho Falls, ID 83401 U.S. Department of Energy, Kansas City Site Office, 2000 E. 95th Street, Kansas City, MO 64141-3202 U.S. Department of Energy, NNSA Nevada Site Office, P.O. Box 98518, Las Vegas, NV 89193-8518 U.S. Department of Energy, Los Alamos Site Office, 528 35th Street, Los Alamos, NM 87544 U.S. Department of Energy, Oak Ridge Office, P.O. Box 2001, Oak Ridge, TN 37831 U.S. Department of Energy, Pittsburgh Naval Reactors Office, P.O. Box 109, West Mifflin, PA 15122-0109 U.S. Department of Energy, Richland Operations Office, 825 Jadwin Avenue, P.O. Box 550, Richland, WA 99352 U.S. Department of Energy, Savannah River Operations Office, P.O. Box A, Aiken, SC 29801 U.S. Department of Energy, Sandia Site Office, Pennsylvania & H Street, Albuquerque, NM 87185-5400 U.S. Department of Energy, Schenectady Naval Reactors, P.O. Box 1069, Schenectady, NY 12301 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Department of Energy
(DOE)including National Nuclear Security Administration employees and DOE contractor employees possessing DOE access authorizations. CATEGORIES OF RECORDS IN THE SYSTEM: Name, records of security education briefings, and investigative and summary reports of security infraction incidents. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.* and 50 U.S.C. 2401 *et seq.* PURPOSE(S): The records are maintained and used by the Department to inform individuals of their responsibilities for protecting classified matter, and the procedures established by the Department to ensure authorized disclosure. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from this system may be disclosed as a routine use for the purpose of an investigation, settlement of claims, or the preparation and conduct of litigation to
(1)persons representing the Department in the investigation, settlement or litigation, and to individuals assisting in such representation;
(2)others involved in the investigation, settlement, and litigation, and their representatives and individuals assisting those representatives;
(3)witness, potential witness, or their representatives and assistants, and any other person who possesses information pertaining to the matter, when it is necessary to obtain information or testimony relevant to the matter. 2. A record from this system may be disclosed as a routine use in court or administrative proceedings to the tribunals, counsel, other parties, witnesses, and the public (in publicly available pleadings, filings or discussion in open court) when such disclosure:
(1)Is relevant to, and necessary for, the proceeding;
(2)is compatible with the purpose for which the Department collected the records; and
(3)the proceedings involve:
(a)The Department, its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, or
(b)A current or former employee of the Department and its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, who is acting in an official capacity, or in any individual capacity where the Department or other United States Government agency has agreed to represent the employee. 3. A record from the system may be disclosed as a routine use to a federal, state, or local agency to obtain information relevant to a Departmental decision concerning the hiring or retention of an employee, the issuance of a security clearance, the letting of a contract, or the issuance of a license, grant, or other benefit. The Department must deem such disclosure to be compatible with the purpose for which the Department collected the information. 4. A record from this system of records may be disclosed to a federal agency, in response to its written request, to facilitate the requesting agency's decision concerning the hiring or retention of an employee, the issuance of a security clearance, the reporting of an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or other benefit, to the extent that the information is relevant and necessary to the requesting agency's decision on the matter. The Department must deem such disclosure to be compatible with the purpose for which the Department collected the information. 5. A record from the system may be disclosed as a routine use to the appropriate local, state or federal agency when records alone or in conjunction with other 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 pursuant thereto. 6. A record from this system of records may be disclosed to a member of Congress submitting a request involving the constituent when the constituent has requested assistance from the member with respect to the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 7. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those providing information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 8. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper files and electronic media. RETRIEVABILITY: Records may be retrieved by name. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: *Headquarters:* Director, Office of Security Operations, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585. *Field Offices:* The Managers and Directors of the “System Locations” above are the system managers for their respective portions of this system. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: Training officers, security personnel, individual's supervisor, and local, State, and Federal authorities. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-49 SYSTEM NAME: Security Communications File. SECURITY CLASSIFICATION: Classified and Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, Headquarters, 1000 Independence Avenue, SW., Washington, DC 20585. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Individuals who communicated verbal, electronic, written or telephonic expressions of interest about DOE including National Nuclear Security Administration
(NNSA)personnel, facilities or activities in a manner that causes security concerns. CATEGORIES OF RECORDS IN THE SYSTEM: Threat communications received from individuals as well as individuals who have been identified from articles in the news media as being potential threats to DOE officials, DOE employees and DOE contractor employees. Also includes name, social security number, date of birth, other personal identifiers, profiles and informational reports on any of the individuals who may have made threats against DOE personnel or property. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.,* 50 U.S.C. 2401 *et seq.,* and the implementing directive of E.O. 12958. PURPOSE(S): The records are maintained and used by DOE to maintain a database and profiles of all individuals who have made threats of any kind, and through any medium, against DOE officials, DOE employees, DOE contractor employees, DOE facilities and/or DOE buildings. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from the system may be disclosed as a routine use to the appropriate local, state or federal agency when records alone or in conjunction with other 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 pursuant thereto. 2. A record from the system may be disclosed as a routine use to a federal, state or local agency to obtain information relevant to a Departmental decision concerning the hiring or retention of an employee, the issuance of a security clearance, the letting of a contract, or the issuance of a license, grant, or other benefit. The Department must deem such disclosure to be compatible with the purpose for which the Department collected the information. 3. A record from this system may be disclosed to a federal agency to facilitate the requesting agency's decision concerning the hiring or retention of an employee, the issuance of a security clearance, the reporting of an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or other benefit, to the extent that the information is relevant and necessary to the requesting agency's decision on the matter. The Department must deem such disclosure to be compatible with the purpose for which the Department collected the information. 4. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to DOE officers and employees under the Privacy Act. 5. A record from the system of records may be disclosed to a member of Congress submitting a request involving the constituent when the constituent has requested assistance from the member concerning the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 6. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper records, microfiche, and electronic media. RETRIEVABILITY: Records may be retrieved by name, social security number, date of birth, and other miscellaneous personal identifiers. SAFEGUARDS: Paper records are maintained in locked General Services Administration approved security containers. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the records on a strict need-to-know basis and other law enforcement authorities, as applicable. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE records schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: U.S. Department of Energy, Director, Office of Security Operations, 1000 Independence Avenue, SW., Washington, DC 20585. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by a Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: The subject individual, complainants, witnesses, agency files and records, official Federal, State, or local records, and publicly available material. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: This system is exempt under subsections (k)(1), (k)(2), and (k)(5) of the Privacy Act, to the extent that information within the System meets the criteria of those subsections of the Act. Such information has been exempted from the provisions of subsections (c)(3), (d), and (e)(1) of the Act; see the Department's Privacy Act regulation at Title 10, Code of Federal Regulations, Part 1008. DOE-50 SYSTEM NAME: Human Reliability Program Records. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, Headquarters, 1000 Independence Avenue, SW., Washington, DC 20585 U.S. Department of Energy, Chicago Office, 9800 South Cass Avenue, Argonne, IL 60439 U.S. Department of Energy, Idaho Operations Office, 850 Energy Drive, Idaho Falls, ID 83401 U.S. Department of Energy, Oak Ridge Office, P.O. Box E, Oak Ridge, TN 37830 U.S. Department of Energy, Richland Operations Office, P.O. Box 550, Richland, WA 99352 U.S. Department of Energy, Savannah River Operations Office, P.O. Box A, Aiken, SC 29801 U.S. Department of Energy, Pittsburgh Naval Reactors Office, P.O. Box 109, Pittsburgh, PA 15122 U.S. Department of Energy, Schenectady Naval Reactors Office, P.O. Box 1069, Schenectady, NY 12301 U.S. Department of Energy, NNSA Amarillo Site Office (Pantex), P.O. Box 30030, Amarillo, TX 79120 U.S. Department of Energy, NNSA Kansas City Site Office, 2000 E. 9th Street, Kansas City, MO 64141-3202 U.S. Department of Energy, NNSA Livermore Site Office, P.O. Box 808, Livermore, CA 94551 U.S. Department of Energy, NNSA Los Alamos Site Office, 528 35th Street, Los Alamos, NM 89193-8518 U.S. Department of Energy, NNSA Nevada Site Office, P.O. Box 98518, Las Vegas, NV 89193-8518 U.S. Department of Energy, NNSA Oakland Site Office, 1301 Clay Street, Oakland, CA 94612-5208 U.S. Department of Energy, NNSA Office of Secure Transportation, NA-121, P.O. Box 5400, Albuquerque, NM 87185-5400 U.S. Department of Energy, NNSA Sandia Site Office, P.O. Box 5800, Albuquerque, NM 87115 U.S. Department of Energy, NNSA Y-12 Site Office, P.O. Box 2050, Oak Ridge, TN 37831-8009 U.S. Department of Energy, NNSA Service Center Albuquerque, P.O. Box 5400, Albuquerque, NM 87115-5400 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Department of Energy, including National Nuclear Security Administration, and contractor employees performing work that affords both technical knowledge and access to assembled nuclear explosives or certain nuclear weapon components and assigned to, or applying for a position that:
(1)Affords access to Category I Special Nuclear Material
(SNM)or has responsibility for transportation or protection of Category I quantities of SNM;
(2)involves nuclear explosive duties or has responsibility for working with, protecting, or transporting nuclear explosives, nuclear devices, or selected components;
(3)affords access to information concerning vulnerabilities in protective systems when transporting nuclear explosives, nuclear devices, selected components, or Category I quantities of SNM; or
(4)affords the potential to significantly impact national security or cause unacceptable damage and has been approved as an HRP position. CATEGORIES OF RECORDS IN THE SYSTEM: Results of medical examination; employment review; credit/consumer reports; data pertaining to access authorizations (clearances); training records pertaining to individual's duties involving assembled nuclear explosives or certain nuclear weapon components; employee name; department division; job title; L-code (mail code); telephone number; pager number; employee number; and social security number; Acknowledgement and Agreement to Participate in the Human Reliability Program
(HRP)Form; Authorization and Consent to Release Human Reliability Program
(HRP)Records in Connection with HRP Form; Refusal of Consent Form; Human Reliability Program
(HRP)Alcohol Testing Form; Human Reliability Program
(HRP)Certification Form; random alcohol testing results; drug test results and information related to substance abuse; results from the Office of Hearings and Appeals relating to a safety certification issue; psychological evaluations; and polygraph results. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 41 U.S.C. 2165; 42 U.S.C. 2201; 42 U.S.C. 5814-5815; 42 U.S.C. 7101 *et seq.* ; 50 U.S.C. 2401 *et seq.* ; E.O. 10450, 3 CFR 1949-1953 as amended; E.O. 10865, 3 CFR 1959-1963, as amended; and 10 CFR 712, Personnel Assurance Program. PURPOSE(S): The records are maintained and used by the Department to ensure that individuals assigned to nuclear explosive duties do not have emotional, mental, or physical incapacities that could result in a threat to nuclear explosive safety. This is done through a continuous evaluation process that identifies individuals whose judgment or reliability may be impaired by physical or mental/personality disorders, alcohol abuse, use of illegal drugs or the abuse of legal drugs or other substances, or any condition or circumstance that may be a security or safety concern. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from this system may be disclosed as a routine use for the purpose of an investigation, settlement of claims, or the preparation and conduct of litigation to
(1)persons representing the Department in the investigation, settlement or litigation, and to individuals assisting in such representation;
(2)others involved in the investigation, settlement, and litigation, and their representatives and individuals assisting those representatives;
(3)witness, potential witness, or their representatives and assistants, and any other person who possesses information pertaining to the matter, when it is necessary to obtain information or testimony relevant to the matter. 2. A record from this system may be disclosed as a routine use in court or administrative proceedings to the tribunals, counsel, other parties, witnesses, and the public (in publicly available pleadings, filings or discussion in open court) when such disclosure:
(1)Is relevant to, and necessary for, the proceeding;
(2)is compatible with the purpose for which the Department collected the records; and
(3)the proceedings involve:
(a)The Department, its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, or
(b)A current or former employee of the Department and its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, who are acting in an official capacity, or in any individual capacity where the Department or other United States Government agency has agreed to represent the employee. 3. A record from this system of records may be disclosed to a federal agency, in response to its written request, to facilitate the requesting agency's decision concerning the hiring or retention of an employee, the issuance of a security clearance, the reporting of an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or other benefit, to the extent that the information is relevant and necessary to the requesting agency's decision on the matter. The Department must deem such disclosure to be compatible with the purpose for which the Department collected the information. 4. A record from the system may be disclosed as a routine use to the appropriate local, state or federal agency when records alone or in conjunction with other information, indicate a violation or potential violation of law whether civil, criminal, or regulatory in nature, and whether arising by general statute or particular program pursuant thereto. 5. A record from this system of records may be disclosed to a member of Congress submitting a request involving the constituent when the constituent has requested assistance from the member with respect to the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 6. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 7. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper files and electronic media. RETRIEVABILITY: Records may be retrieved by name, social security number and employee number. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: *Headquarters:* Chief, Health, Safety and Security Officer, Office of Health, Safety and Security, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585. *Field Offices:* The HRP certifying official, or his or her designee of the “System Locations” listed above are the system managers for their respective portions of this system. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at 10 CFR Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by the Laboratory, Area Office or Site Offices, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: The individual, medical records, occupational training records, and HRP program and personnel security records. Information also may be obtained from the supervisor, site occupational medical director, and the management official when completing the Human Reliability Program Certification. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-51 SYSTEM NAME: Employee and Visitor Access Control Records. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, Headquarters, 1000 Independence Avenue, SW., Washington, DC 20585 U.S. Department of Energy, NNSA Service Center Albuquerque, P.O. Box 5400, Albuquerque, NM 87185-5400 U.S. Department of Energy, Amarillo Site Office, Highway 60 FM2373, Amarillo, TX 79177 U.S. Department of Energy, Carlsbad Field Office, 4021 National Parks Highway, Carlsbad, NM 88220 U.S. Department of Energy, Chicago Office, 9800 South Cass Avenue, Argonne, IL 60439 U.S. Department of Energy, Idaho Operations Office, 850 Energy Drive, Idaho Falls, ID 83401 U.S. Department of Energy, Kansas City Site Office, 2000 E. 95th Street, Kansas City, MO 64141-3202 U.S. Department of Energy, NNSA Nevada Site Office, P.O. Box 98518, Las Vegas, NV 89193-8518 U.S. Department of Energy, Sandia Site Office, Pennsylvania & H Street, Albuquerque, NM 87185-5400 U.S. Department of Energy, Los Alamos Site Office, 528 35th Street, Los Alamos, NM 87544 U.S. Department of Energy, Oak Ridge Office, P.O. Box 2001, Oak Ridge, TN 37831 U.S. Department of Energy, Pittsburgh Naval Reactors Office, P.O. Box 109, West Mifflin, PA 15122-0109 U.S. Department of Energy, Richland Operations Office, 825 Jadwin Avenue, P.O. Box 550, Richland, WA 99352 U.S. Department of Energy, Savannah River Operations Office, P.O. Box A, Aiken, SC 29801 U.S. Department of Energy, Schenectady Naval Reactors, P.O. Box 1069, Schenectady, NY 12301-1069 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Department of Energy
(DOE)including National Nuclear Security Administration
(NNSA)employees, DOE and NNSA contractor employees and other individuals seeking access to DOE facilities and classified records. CATEGORIES OF RECORDS IN THE SYSTEM: Records of individuals visiting DOE facilities, employees' identification files, and photographs. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.* and 50 U.S.C. 2401 *et seq.* PURPOSE(S): The records are maintained and used by the Department to track and control individuals accessing Departmental facilities and classified information areas. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from the system may be disclosed as a routine use to the appropriate local, state or federal agency when records alone or in conjunction with other 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 pursuant thereto. 2. A record from this system of records may be disclosed to a member of Congress submitting a request involving the constituent when the constituent has requested assistance from the member with respect to the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 3. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 4. Records from this system may be disclosed to Department of Defense contractors and National Aeronautics and Space Administration to authorize access to classified information and areas. 5. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper files and electronic media. RETRIEVABILITY: Records may be retrieved by name and social security number. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Passwords are known only by the system manager. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: *Headquarters:* Director, Office Security Operations, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585. *Field Offices:* The Managers and Directors of the “System Locations” listed above are the system managers for their respective portions of this system. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by the Laboratory or Area Office, the request should be directed to the Privacy Act Officer at the Operations Office that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: Subject individual, Department of Defense, DOE offices and contractors, National Aeronautics and Space Administration, and other Government agencies. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-52 SYSTEM NAME: Access Control Records of International Visits, Assignments, and Employment at DOE Facilities and Contractor Sites. SECURITY CLASSIFICATION: Classified and Unclassified. SYSTEM LOCATION(S): The centralized data system is located at Los Alamos National Laboratories. U.S. Department of Energy, Headquarters, Office of Security and Emergency Operations, Office of Foreign Visits and Assignments, 1000 Independence Avenue, Washington DC 20585 U.S. Department of Energy, Albany Research Center 1450 Queen Avenue, SW, Albany, OR 97321 U.S. Department of Energy, NNSA Service Center Albuquerque, P.O. Box 5400, Albuquerque, NM 87185-5400 U.S. Department of Energy, Amarillo Site Office, Highway 60 FM 2373, Amarillo, TX 79120 U.S. Department of Energy, Bonneville Power Administration, 905 NE 11th Avenue, Portland, OR 97232 U.S. Department of Energy, Chicago Office, 9800 South Cass Avenue, Argonne, IL 60439 U.S. Department of Energy, Dayton Area Office, Dayton, OH 45343 U.S. Department of Energy, Environmental Measurements Laboratory, 201 Varick Street, 5th Floor, New York, NY, 10014-4811 U.S. Department of Energy, Fernald Field Office, 7400 Willey Road, Cincinnati, OH 45030 U.S. Department of Energy, Grand Junction Office 2597 V 3/4th Road, Grand Junction, CO 81503 U.S. Department of Energy, General Atomics, P.O. Box 85608, San Diego, CA 92186 U.S. Department of Energy, Hanford Environmental Health Foundation, 3080 George Washington Way, Richland, WA 99352 U.S. Department of Energy, Idaho National Engineering Laboratory, 850 Energy Drive, Idaho Falls, ID 83401 U.S. Department of Energy, Idaho Operations Office, 850 Energy Drive, Idaho Falls, ID 83401 U.S. Department of Energy, Kansas City Site Office, 2000 E. 95th Street, Kansas City, MO 64141-3202 U.S. Department of Energy, Sandia Site Office, Pennsylvania & H Street, Albuquerque, NM U.S. Department of Energy, Lawrence Berkeley Laboratory, 1 Cyclotron Road Berkeley, CA 94720 U.S. Department of Energy, Livermore Site Office, 700 East Avenue, P.O. Box 808, L-1, Livermore, CA 94551 U.S. Department of Energy, Los Alamos Site Office, 528 35th Street, Los Alamos, NM 87544 U.S. Department of Energy, Los Alamos National Laboratory, University of California, SM #30 Bikini Road, Los Alamos, NM 87545 U.S. Department of Energy, Miamisburg Area Office, 1 Mound Road, Miamisburg, OH 45342 U.S. Department of Energy, National Energy Technology Center (Pittsburgh), P.O. Box 10940, Pittsburgh, PA 15236 U.S. Department of Energy, National Renewable Energy Laboratory Area Office,1617 Cole Blvd., Golden, CO 80401 U.S. Department of Energy, NNSA Nevada Site Office, P.O. Box 98518, Las Vegas, NV 89193-8518 U.S. Department of Energy, Oak Ridge National Laboratory, Bethel Valley Road, Oak Ridge, TN, 37831 U.S. Department of Energy, Oak Ridge Office, P.O. Box 2001, Oak Ridge, TN 37831 U.S. Department of Energy, Environmental Management Consolidated Business Center, (EMCBC), 250 E. Fifth Street, Suite 500, Cincinnati, OH 45202 U.S. Department of Energy, Pacific Northwest National Laboratory, 902 Battelle Boulevard P.O. Box 999, Richland, WA 99352 U.S. Department of Energy, Richland Operations Office, 825 Jadwin Avenue, P.O. 550, Richland, WA 99352 U.S. Department of Energy, Sandia Site Office, Eubank Street SE., Albuquerque, NM 87185-5800 U.S. Department of Energy, Sandia Site Office, Livermore, 7011 East Avenue, Livermore, CA 94551-0969 U.S. Department of Energy, Savannah River Ecology Laboratory, Drawer E, Aiken, SC 29802 U.S. Department of Energy, Savannah River Technology Center, Drawer E, Aiken, SC 29802 U.S. Department of Energy, Savannah River Operations Office, P.O. Box A, Aiken, SC 29801 U.S. Department of Energy, Scientific and Technical Information, 175 Oak Ridge Turnpike, Oak Ridge, TN 37830 U.S. Department of Energy, Stanford Linear Accelerator Center, 2575 Sand Hill Road, Menlo Park, CA 94205 U.S. Department of Energy, Strategic Petroleum Reserve Project Office, 900 Commerce Road East New Orleans, LA 70123 U.S. Department of Energy, Thomas Jefferson National Accelerator Facility, 12000 Jefferson Avenue, Newport News, VA 23606 U.S. Department of Energy, University of Rochester, 250 East River Road, Rochester, NY 14623 U.S. Department of Energy, Waste Isolation Pilot Plant, 370 Wipp Road, Carlsbad, NM U.S. Department of Energy, West Valley Project Office, P.O. Box 191, West Valley, NY 14171 U.S. Department of Energy, Western Area Power Administration 12155 W. Alamino Parkway, Lakewood, CO 80401 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: All non-U.S. citizens seeking access to DOE facilities, laboratories, contractor sites, or Department of Energy
(DOE)including National Nuclear Security Administration
(NNSA)sponsored events for unclassified purposes to include employees of DOE or DOE contractors; prospective DOE or DOE contractor employees; employees of other U.S. Government agencies or their contractors of universities, of companies (professional or service staff), or of other institutions; foreign students at US. institutions; officials or other persons employed by foreign governments or other foreign institutions who may or may not be involved in cooperation under international agreements; permanent resident aliens; representatives or agents of foreign national governments seeking access to DOE facilities, laboratories, or contractor sites or DOE-sponsored events for purposes of high-level protocol; national security; International Atomic Energy Agency, or international relations. CATEGORIES OF RECORDS IN THE SYSTEM: Personal data: Full name (including Also Known As (A.K.A.'s), visitor request number, gender, place of birth, city and country, date of birth, country(ies) of citizenship, date of last visit to country of citizenship, passport number and passport, expiration date, immigration status, type of visa and expiration date, country of current residence and how long at current residence, language interpretation needs, work phone, e-mail and fax, name of current employer, place of work, street, city, state, zip code, country; position title or description of requesters duties. Visit/Assignment Request Information: date of request, purpose of request (including subjects to be discussed or researched and specific activities involved); requesters current whereabouts, (i.e., is proposed visitor currently in the US), specific visa status and purpose, (i.e., exchange visitor (J-1) Visa), time duration of proposed visit, assignment or activity (desired start and end dates ), identification of specific international agreement(s) or delegations related to the proposed request, name, organization, telephone number of DOE contact, name of financial sponsor, cost if sponsor is other than DOE. Visit/Assignment Facility Information: Name, location and room number of facility or organization to be accessed during visit/assignment, name of the host responsible for the visit/assignment, host's telephone number, building and room numbers, number of days on site, visit assignment relationship to program, subject codes, subjects to be discussed or statement of research, determination of computer access, and sensitive subject designation. Visit/Assignment Program Information and Remark: Designation of high level protocol visit, cost to DOE, visit or assignment purpose code, purpose and justification of visit assignment including benefits to DOE program(s) and certification of DOE mission advancement, technology transfer determination, name of requesting official or contractor, title and organization of requesting officer, signature of requesting official or contractor, date signed, name of site manager and local headquarters approving official, title and organization of local headquarters approving official, signature(s) of site field, headquarters approving official, date signed and remarks, the kind of business or organization of assignee's employer (e.g. government, company, Laboratory, university), education background of requestor including college or university training with degrees and dates conferred; field of research, and family members who will accompany or join the applicant later). Management Reviews and Approvals: level, type or topic of review, name of reviewer and or approval authority(ies), the date of the review approval, and remarks. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.* and 50 U.S.C. 2401 *et seq.* PURPOSE(S): Records are maintained and used by the Department to document, track, manage, analyze, and or report on foreign visit and assignment access to DOE facilities including Headquarters, Field Offices, National Laboratories, and Contractor Sites. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A records from this system may be disclosed as a routine use to Department of Defense contractors responsible for security controlling access to sensitive information and sensitive equipment, and sensitive property areas. 2. A record from this system may be disclosed as a routine use to contractors, grantees, participants in cooperative agreements, collaborating researchers, or their employees, in performance of national security, international visit and assignment, or foreign access related responsibilities. 3. A record from the system may be disclosed as a routine use to a federal, state, or local agency to obtain information relevant to a Departmental decision concerning the hiring or retention of an employee, the issuance of a security clearance, the letting of a contract, or the issuance of a license, grant, or other benefit. The Department must deem such disclosure to be compatible with the purpose for which the Department collected the information. 4. A record from this system of records may be disclosed to a federal agency to facilitate the requesting agency's decision concerning the hiring or retention of an employee, the issuance of a security clearance, the reporting of an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or other benefit, to the extent that the information is relevant and necessary to the requesting agency's decision on the matter. The Department must deem such disclosure to be compatible with the purpose for which the Department collected the information. 5. A record from the system may be disclosed as a routine use to the appropriate local, state or federal agency when records alone or in conjunction with other 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 pursuant thereto. 6. A record from this system of records may be disclosed to a member of Congress submitting a request involving the constituent when the constituent has requested assistance from the member with respect to the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 7. A record from this system of records may be disclosed to foreign governments or international organizations in accordance with treaties, international conventions, or executive agreements. 8. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 9. A record from this system of records may be disclosed as a routine use to members of the DOE Advisory committees and interagency boards charged with responsibilities pertaining to international visits and assignments and/or national security. 10. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper records, microfiche, and electronic media. RETRIEVABILITY: Records may be retrieved by name and other personal identifiers. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: Headquarters, Director, Office of Security Operations, U.S. Department of Energy, 1000 Independence Avenue, Washington DC 20585. *Field Offices:* The Managers and Directors of the “System Locations” listed above are system managers for their respective portions of this system. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by the Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: Foreign national individuals requesting access to DOE facilities including contractor sites, reports from federal investigation agencies, DOE Office of Counterintelligence, Department of State, Department of Defense, and Immigration and Naturalization Service. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None DOE-53 SYSTEM NAME: Access Authorization for ADP Equipment. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, Headquarters, Energy Information Administration, 1000 Independence Avenue, SW., Washington, DC 20585. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Users of the Energy Information Administration computer system, including DOE and National Nuclear Security Administration employees and contractor employees and other authorized users of the system. CATEGORIES OF RECORDS IN THE SYSTEM: Name, employer, citizenship, user identification number, office address and telephone number, organizational code, computer usage figures, data accessed, and other management-related information. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.* ; 50 U.S.C. 2401 *et seq.* ; OMB Circular A-71; Department of Commerce Federal Information Processing Standards Publications (FIPS PUBS) on computer security; GSA Procurement Regulations Amendment 155, adding Section 1-1.327. PURPOSE(S): The records are maintained and used by the EIA to identify EIA computer users and control access to EIA computer and information resources. The information is frequently reviewed and updated to ensure records are current and accurate. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 2. A record from this system of records may be disclosed to a member of Congress submitting a request involving the constituent when the constituent has requested assistance from the member with respect to the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 3. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as electronic media. RETRIEVABILITY: Records may be retrieved by name and user identification number. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: Administrator, Energy Information Administration, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by the Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office location(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at location where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: Subject individual, with some information assigned by the ITG Staff. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-54 SYSTEM NAME: Investigation Files of the Inspector General. SECURITY CLASSIFICATION: Unclassified and classified. SYSTEM LOCATION(S): U.S. Department of Energy, Headquarters, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Subjects of an investigation, witnesses in an investigation, sources of investigative information, investigative personnel, and DOE employees including National Nuclear Security Administration employees and other individuals involved in an Office of Inspector General investigation. CATEGORIES OF RECORDS IN THE SYSTEM: Criminal, civil, and administrative investigative records and files. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.* ; 50 U.S.C. 2401 *et seq.* ; The Inspector General Act of 1978, as amended, 5 U.S.C. App. 3. PURPOSE(S): The records are maintained and used by the Department in furtherance of the responsibilities of the Inspector General. These responsibilities include conducting and supervising investigations relating to Departmental programs and operations; promoting economy, efficiency, and effectiveness in the administration of such programs and operations, and preventing and detecting fraud and abuse in such programs and operations. The records are used in investigations of individuals and entities suspected of having committed illegal or unethical acts. The records also are used in any resulting criminal prosecutions, civil proceedings, or administrative actions. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OR USERS AND PURPOSES OF SUCH USES: 1. A record from this system may be disclosed as a routine use for the purpose of an investigation, settlement of claims, or the preparation and conduct of litigation to
(1)persons representing the Department in the investigation, settlement or litigation, and to individuals assisting in such representation;
(2)others involved in the investigation, settlement, and litigation, and their representatives and individuals assisting those representatives;
(3)witness, potential witness, or their representatives and assistants, and any other person who possesses information pertaining to the matter, when it is necessary to obtain information or testimony relevant to the matter. 2. A record from this system may be disclosed as a routine use in court or administrative proceedings to the tribunals, counsel, other parties, witnesses, and the public (in publicly available pleadings, filings or discussion in open court) when such disclosure:
(1)is relevant to, and necessary for, the proceeding;
(2)is compatible with the purpose for which the Department collected the records; and
(3)the proceedings involve:
(a)The Department, its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, or
(b)A current or former employee of the Department and its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, who is acting in an official capacity, or in any individual capacity where the Department or other United States Government agency has agreed to represent the employee. 3. A record from the system may be disclosed as a routine use to a federal, state, or local agency to obtain information relevant to a Departmental decision concerning the hiring or retention of an employee, the issuance of a security clearance, the letting of a contract, or the issuance of a license, grant, or other benefit. The Department must deem such disclosure to be compatible with the purpose for which the Department collected the information. 4. A record from this system of records may be disclosed to a federal agency, in response to its written request, to facilitate the requesting agency's decision concerning the hiring or retention of an employee, the issuance of a security clearance, the reporting of an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or other benefit, to the extent that the information is relevant and necessary to the requesting agency's decision on the matter. The Department must deem such disclosure to be compatible with the purpose for which the Department collected the information. 5. A record from the system may be disclosed as a routine use to the appropriate local, state or federal agency when records alone or in conjunction with other 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 pursuant thereto. 6. A record from this system of records may be disclosed to a member of Congress submitting a request involving the constituent when the constituent has requested assistance from the member with respect to the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 7. A record from this system of records may be disclosed to foreign governments or international organizations in accordance with treaties, international conventions, or executive agreements 8. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 9. A record from this system of records may be disclosed as a routine use to authorized officials within Offices of Inspectors General listed in the Inspector General Act of 1978, the Department of Justice, the Federal Bureau of Investigation, or the U.S. Marshals Service, as necessary, for investigative qualitative assessment reviews. 10. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper and electronic media. RETRIEVABILITY: Records may be retrieved by name of subject(s), case number, title of investigative report, name of complainant, name of subject(s), and names of witnesses. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Classified information is maintained in locked General Services Administration approved class 6 security containers. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: Assistant Inspector General for Investigations, U.S. Department of Energy, Headquarters, 1000 Independence Avenue, SW., Washington, DC 20585. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by the Laboratory, Site or Area Office, request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: Subject individuals; individuals and organizations that have pertinent knowledge about the subject; those authorized by the individual to furnish information; confidential informants; the Department of Justice; Federal Bureau of Investigation (FBI); and other Federal, State, and local agencies. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: This system is exempt under
(2)of the Privacy Act to the extent that the information within the system meets the criteria of those subsections of the Act. Such information has been exempted from the provisions of subsections: (c)(3) and (4), (d)(1), (2), (3), and (4), (e)(1), (2), and (3), (e)(4)(G) and (H), (e)(5) and (8), (f),
(g)of the Act; see the Department's Privacy Act regulation at Title 10, Code of Federal Regulations, Part 1008. This system is exempt under (k)(1), (k)(2), and (k)(5) of the Privacy Act, to the extent that information within the System meets the criteria of those subsections of the Act. Such information has been exempted from the provisions of subsections (c)(3), (d), and (e)(1), (e)(4) (G),
(H)and
(f)of the Act; See the Department's Privacy Act regulation at Title 10, Code of Federal Regulations, Part 1008. DOE-55 SYSTEM NAME: Freedom of Information and Privacy Act (FOIA/PA) Requests for Records. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy Headquarters, 1000 Independence Avenue, SW., Washington, DC 20585 U.S. Department of Energy, NNSA Service Center Albuquerque, P.O. Box 5400, Albuquerque, NM 87185-5400 U.S. Department of Energy, Bonneville Power Administration, P.O. Box 3621, Portland, OR 97208; U.S. Department of Energy, Chicago Office, 9800 South Cass Avenue, Argonne, IL 60439 U.S. Department of Energy, Grand Forks Energy Technology Center, P.O. Box 8213, University Station, Grand Forks, ND 58201 U.S. Department of Energy, Idaho Operations Office, 850 Energy Drive, Idaho Falls, ID 83401 U.S. Department of Energy, National Energy Technology Laboratory (Morgantown), 3610 Collins Ferry Road, Morgantown, WV 26507-0940 U.S. Department of Energy, National Energy Technology Laboratory (Pittsburgh), P.O. Box 10940, Pittsburgh, PA 15122 U.S. Department of Energy, NNSA Nevada Site Office, P.O. Box 98518, Las Vegas, NV 89193-8518 U.S. Department of Energy, Oak Ridge Office, P.O. Box E, Oak Ridge, TN 37830 U.S. Department of Energy, Environmental Management Consolidated Business Center (EMCBC), 250 E. Fifth Street, Suite 500, Cincinnati, OH 45202 U.S. Department of Energy, Pittsburgh Naval Reactors, P.O. Box 109, Pittsburgh, PA 15122 U.S. Department of Energy, Richland Operations Office, P.O. Box 550, Richland, WA 99352 U.S. Department of Energy, Savannah River Operations Office, P.O. Box A, Aiken, SC 29801 U.S. Department of Energy, Schenectady Naval Reactors Office, P.O. Box 1069, Schenectady, NY 12301 U.S. Department of Energy, Southeastern Power Administration, 1166 Athens Tech Road, Elberton, GA 30635-4578 U.S. Department of Energy, Southwestern Power Administration, Williams Tower One, One West Third Street, Tulsa, OK 74103 U.S. Department of Energy, Western Area Power Administration, P.O. Box 3402, Golden, CO 80401 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Individuals requesting copies of records from Department of Energy
(DOE)including the National Nuclear Security Administration
(NNSA)under the provisions of the FOIA and the Privacy Act
(PA)of 1974. CATEGORIES OF RECORDS IN THE SYSTEM: Name, address, and telephone number; description or identification of records requested, furnished and/or denied; FOIA and PA division employee assigned responsibility for processing request; dates of request and actions; interim and final actions taken on request; persons or offices assigned actions on requests; copy of records requested, furnished and/or denied; fee data, including payment delinquencies; final determinations of appeals; name/title of officials responsible for denial of records; and case notes. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.* ; 50 U.S.C. 2401 *et seq.* ; Freedom of Information Act 5 U.S.C. 552, and the Privacy Act of 1974, 5 U.S.C. 552a. PURPOSE(S): The records are used and maintained by the Department to record, control, and determine the status of FOIA and PA requests; produce statistical reports; and as a data source for management information. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSE OF SUCH USES: 1. A record from this system of records may be disclosed to another federal agency when consultation or referral is required to process requests. 2. A record from this system may be disclosed as a routine use in court or administrative proceedings to the tribunals, counsel, other parties, witnesses, and the public (in publicly available pleadings, filings or discussion in open court) when such disclosure:
(1)Is relevant to, and necessary for, the proceeding;
(2)is compatible with the purpose for which the Department collected the records; and
(3)the proceedings involve:
(a)The Department, its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, or
(b)A current or former employee of the Department and its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, who is acting in an official capacity, or in any individual capacity where the Department or other United States Government agency has agreed to represent the employee. 3. A record from this system of records may be disclosed to a member of Congress submitting a request involving the constituent when the constituent has requested assistance from the member with respect to the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 4. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 5. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper, microfiche, video, audio, and electronic media. RETRIEVABILITY: Records may be retrieved by name of requester and assigned request control number. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: *Headquarters:* Freedom of Information and Privacy Act Officers, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585. *Field Offices:* The Freedom of Information and Privacy Act Officers of the “Systems Locations” listed above are the system managers for their respective portions of this system. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by the Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification procedures above. RECORD SOURCE CATEGORIES: Individuals requesting copies of records and individuals responsible for processing and/or making determination on requests. SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-56 SYSTEM NAME: Congressional Constituent Inquiries. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, Headquarters, 1000 Independence Avenue, SW., Washington, DC 20585; U.S. Department of Energy U.S. Department of Energy, NNSA Service Center Albuquerque, P.O. Box 5400, Albuquerque, NM, P.O. 5400, Albuquerque, NM 87185-5400 U.S. Department of Energy, Bonneville Power Administration, P.O. Box 3621, Portland, OR 97208 U.S. Department of Energy, Chicago Office, 9800 South Cass Avenue, Argonne, IL 60439 U.S. Department of Energy, Idaho Operations Office, 850 Energy Drive., Idaho Falls, ID 83401 U.S. Department of Energy, National Energy Technology Laboratory (Morgantown), P.O. Box 880, Morgantown, WV 26505 U.S. Department of Energy, National Energy Technology Laboratory (Pittsburgh), P.O. Box 10940, Pittsburgh, PA 15122. U.S. Department of Energy, Oak Ridge Office, P.O. Box E, Oak Ridge, TN 37830 U.S. Department of Energy, Pittsburgh Naval Reactors, P.O. Box 109, Pittsburgh, PA 15122 U.S. Department of Energy, Richland Operations Office, P.O. Box 550, Richland, WA 99352 U.S. Department of Energy, Savannah River Operations Office, P.O. Box A, Aiken, SC 29801 U.S. Department of Energy, Schenectady Naval Reactors Office, P.O. Box 1069, Schenectady, NY 12301 U.S. Department of Energy, Southeastern Power Administration, 1166 Athens Tech Road, Elberton, GA 30635-4578 U.S. Department of Energy, Southwestern Power Administration, Williams Tower One, One West Third Street, Tulsa, OK 74103 U.S. Department of Energy, Western Area Power Administration, P.O. Box 3402, Golden, CO 80401 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Individuals who have requested assistance from their Congressional Representative, and the member of Congress who corresponded with the Department of Energy including the National Nuclear Security Administration on behalf of the constituent. CATEGORIES OF RECORDS IN THE SYSTEM: Name and address of constituent and date of letter by a member of Congress on behalf of the constituent; materials forwarded by a member of Congress; and DOE response. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.* and 50 U.S.C. 2401 *et seq.* PURPOSE(S): The records are maintained and used by the Department to record Congressional inquiries on behalf of constituents, to ensure proper document control of the response, and to record the Department's responses to such inquiries. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from this system may be disclosed as a routine use to another federal agency when consultation or referral is required to process requests. 2. A record from this system may be disclosed as a routine use for the purpose of an investigation, settlement of claims, or the preparation and conduct of litigation to
(1)person representing the Department in the investigation, settlement or litigation, and to individuals assisting in such representation;
(2)others involved in the investigation, settlement, and litigation, and their representatives and individuals assisting those representatives;
(3)witness, potential witness, or their representatives and assistants, and any other person who possesses information pertaining to the matter, when it is necessary to obtain information or testimony relevant to the matter. 3. A record from this system may be disclosed as a routine use in court or administrative proceedings to the tribunals, counsel, other parties, witnesses, and the public (in publicly available pleadings, filings or discussion in open court) when such disclosure:
(1)Is relevant to, and necessary for, the proceeding;
(2)is compatible with the purpose for which the Department collected the records; and
(3)the proceedings involve:
(a)The Department, its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, or
(b)A current or former employee of the Department and its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, who is acting in an official capacity, or in any individual capacity where the Department or other United States Government agency has agreed to represent the employee. 4. A record from the system may be disclosed as a routine use to the appropriate local, State or Federal agency when records alone or in conjunction with other 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 pursuant thereto. 5. A record from this system of records may be disclosed to a member of Congress submitting a request involving the constituent when the constituent has requested assistance from the member with respect to the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 6. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 7. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper records and electronic records. RETRIEVABILITY: Records may be retrieved by name of constituent and name of member of Congress. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: *Headquarters:* The Executive Secretariat, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585 *Field Offices:* The Managers or Directors of the “System Locations” listed above are the system managers for their respective portions of the system. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by the Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: Subject individual, member of Congress, and the author of the DOE response. SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-57 SYSTEM NAME: Congressional Profiles. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, Headquarters, 1000 Independence Avenue, SW., Washington, DC 20585 U.S. Department of Energy, Alaska Power Administration, San Point Way, NE., Seattle, WA 98115 U.S. Department of Energy, NNSA Service Center Albuquerque, P.O. Box 5400, Albuquerque, NM 87185-5400 U.S. Department of Energy, Bartlesville Energy Technology Center, P. O. Box 1398, Bartlesville, OK 74003 U.S. Department of Energy, Bonneville Power Administration, P.O. Box 3621, Portland, OR 97208 U.S. Department of Energy, Chicago Office, 9800 South Cass Avenue, Argonne, IL 60439 U.S. Department of Energy, Grand Forks Energy Technology Center, P.O. Box 8213, University Station, Grand Forks, ND 58201 U.S. Department of Energy, Idaho Operations Office, 850 Energy Drive, Idaho Falls, ID 83401 U.S. Department of Energy, Los Alamos Site Office, 528 35th Street, Los Alamos, NM 87544 U.S. Department of Energy, National Energy Technology Laboratory (Morgantown), P.O. Box 880, Morgantown, WV 26505 U.S. Department of Energy, National Energy Technology Laboratory (Pittsburgh), P.O. Box 10940, Pittsburgh, PA 15122 U.S. Department of Energy, NNSA Nevada Site Office, P.O. Box 98518, Las Vegas, NV 89193-8518 U.S. Department of Energy, Oak Ridge Office, P.O. Box E, Oak Ridge, TN 37830 U.S. Department of Energy, Pittsburgh Naval Reactors, P.O. Box 109, Pittsburgh, PA 15122 U.S. Department of Energy, Richland Operations Office, P.O. Box 550, Richland, WA 99352 U.S. Department of Energy, Savannah River Operations, Office, P.O. Box A, Aiken, SC 29801 U.S. Department of Energy, Schenectady Naval Reactors, Office, P.O. Box 1069, Schenectady, NY 12301 U.S. Department of Energy, Southeastern Power Administration, 1166 Athens Tech Road, Elberton, GA 30635-4578 U.S. Department of Energy, Southwestern Power Administration, Williams Tower One, One West Third Street, Tulsa, OK 74103 U.S. Department of Energy, Western Area Power Administration, P.O. Box 3402, Golden, CO 80401 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Current members of Congress. CATEGORIES OF RECORDS IN THE SYSTEM: Name, picture from Congressional Yellow Book, personal background obtained from published sources, demographic information by state or district, committee assignments, and information about energy interests obtained from published sources, information from member's office, abstracts from Congressional Record, committee hearings and other public sources. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 5 U.S.C. 301; Department of Energy Organization Act, including authorities incorporated by reference in Title III of the Department of Energy Organization Act; Executive Order 12009. PURPOSE(S): The information is maintained and used by the Department to maintain biographical data on all members of Congress, including a list of their sensitive energy issues or energy related legislation. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from this system of records may be disclosed to a member of Congress submitting a request involving the constituent when the constituent has requested assistance from the member with respect to the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 2. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper records and electronic media. RETRIEVABILITY: Records may be retrieved by name. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: Assistant Secretary for Congressional and Intergovernmental Affairs, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by the Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: Published sources, committee hearings, and the members' offices. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-58 SYSTEM NAME: General Correspondence Files of the Office of the Secretary, Deputy Secretary and Under Secretary of Energy. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, Headquarters, 1000 Independence Avenue, SW., Washington, DC 20585 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Members of Congress, representatives of organizations, and other federal and state agencies and the general public. CATEGORIES OF RECORDS IN THE SYSTEM: Name, address of correspondent, and copies of the agency response. This is the portion of the Department of Energy
(DOE)including National Nuclear Security Administration
(NNSA)correspondence files that relates to correspondence with individuals. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.* and 50 U.S.C. 2401 *et seq.* PURPOSE(S): The records are maintained and used by the Department to document and manage information from or to correspondents outside of DOE and to ensure proper document control of the DOE response. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from this system may be disclosed as a routine use for the purpose of an investigation, settlement of claims, or the preparation and conduct of litigation to
(1)persons representing the Department in the investigation, settlement or litigation, and to individuals assisting in such representation;
(2)others involved in the investigation, settlement, and litigation, and their representatives and individuals assisting those representatives;
(3)witness, potential witness, or their representatives and assistants, and any other person who possesses information pertaining to the matter, when it is necessary to obtain information or testimony relevant to the matter. 2. A record from this system may be disclosed as a routine use in court or administrative proceedings to the tribunals, counsel, other parties, witnesses, and the public (in publicly available pleadings, filings or discussion in open court) when such disclosure:
(1)Is relevant to, and necessary for, the proceeding;
(2)is compatible with the purpose for which the Department collected the records; and
(3)the proceedings involve:
(a)The Department, its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, or
(b)A current or former employee of the Department and its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, who is acting in an official capacity, or in any individual capacity where the Department or other United States Government agency has agreed to represent the employee. 3. A record from the system may be disclosed as a routine use to the appropriate local, state or federal agency when records alone or in conjunction with other 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 pursuant thereto. 4. A record from this system of records may be disclosed to a member of Congress submitting a request involving the constituent when the constituent has requested assistance from the member with respect to the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 5. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 6. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper records and electronic media. RETRIEVABILITY: Records may be retrieved by name. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: *Headquarters:* The Executive Secretariat, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585 *Field Offices:* The Managers and Directors of the “System Locations” listed above are the system managers for their respective portions of the system. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by the Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where the work is performed. In accordance with DOE's Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: Subject individuals and drafter of DOE response. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-59 SYSTEM NAME: Mailing Lists for Requesters of Energy-Related Information. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, Headquarters, 1000 Independence Avenue, SW., Washington, DC 20585 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Persons requesting energy-related information including DOE and National Nuclear Security Administration employees. CATEGORIES OF RECORDS IN THE SYSTEM: Name and address of the subject individual; some mailing lists may also indicate specific interests of or publications requested by the individual. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 5 U.S.C. 301; Department of Energy Organization Act, including authorities incorporated by reference in Title III of the Department of Energy Organization Act; Executive Order 12009. PURPOSE(S): The system is maintained and used by the Department to distribute DOE related material to DOE employees, DOE contractors, and others requesting information from DOE. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 2. A record from this system of records may be disclosed to a member of Congress submitting a request involving the constituent when the constituent has requested assistance from the member with respect to the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 3. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper records, microfiche and electronic media. RETRIEVABILITY: Records may be retrieved by record identification and code number. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: *Headquarters:* U.S. Department of Energy, Director, Print Media and Mail Services Group, 1000 Independence Avenue, SW., Washington DC 20585. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by the Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office location(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where the work is performed. In accordance with DOE's Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: The subject individual, generally as the result of a request for information by that individual. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-60 SYSTEM NAME: General Correspondence Files. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, Headquarters, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585 U.S. Department of Energy, Headquarters, Germantown, 19901 Germantown Road, Germantown, MD 20585 U.S. Department of Energy, NNSA Service Center Albuquerque, P.O. Box 5400, Albuquerque, NM 87185-5400 U.S. Department of Energy, Bonneville Power Administration, P.O. Box 3621, Portland, OR 97208 U.S. Department of Energy, Chicago Office, 9800 South Cass Avenue, Argonne, IL 60439 U.S. Department of Energy, Golden Field Office, 1617 Cole Boulevard, Golden, CO 80401 U.S. Department of Energy, Idaho Operations Office, 850 Energy Drive, Idaho Falls, ID 83401 U.S. Department of Energy, National Energy Technology Laboratory (Morgantown), P.O. Box 880, Morgantown, WV 26507 U.S. Department of Energy, National Energy Technology Laboratory (Pittsburgh), P.O. Box 10940, Pittsburgh, PA 15236-0940 U.S. Department of Energy, NNSA Nevada Site Office, P.O. Box 98518, Las Vegas, NV 89193-8518 U.S. Department of Energy, Office of Naval Reactors, Crystal City, VA 22202 U.S. Department of Energy, Oak Ridge Office, P.O. Box 2001, Oak Ridge, TN 37831 U.S. Department of Energy, Environmental Management Consolidated Business Center (EMCBC), 250 E. Fifth Street, Suite 500, Cincinnati, OH 45202 U.S. Department of Energy, Richland Operations Office, 825 Jadwin Avenue, P.O. Box 550, Richland, WA 99352 U.S. Department of Energy, Savannah River Operations Office, P.O. Box A, Aiken, SC 29801 U.S. Department of Energy, Schenectady Naval Reactors Office, P.O. Box 1069, Schenectady, NY 12301 U.S. Department of Energy, Southeastern Power Administration, 1166 Athens Tech Road, Elberton, GA 30635-4578 U.S. Department of Energy, Southwestern Power Administration, Williams Tower One, One West Third Street, Tulsa, OK 74103 U.S. Department of Energy, Strategic Petroleum Reserve Project Office, 900 Commerce Road East, New Orleans, LA 70123 U.S. Department of Energy, Western Area Power Administration, 12155 West Alameda Street, Lakewood, CO 80228-2802 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Individuals communicating with the DOE. CATEGORIES OF RECORDS IN THE SYSTEM: Name, address of correspondent, and copies of the agency response. AUTHORITHY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.* and 50 U.S.C. 2401 *et seq.* ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from this system may be disclosed as a routine use for the purpose of an investigation, settlement of claims, or the preparation and conduct of litigation to
(1)persons representing the Department in the investigation, settlement or litigation, and to individuals assisting in such representation;
(2)others involved in the investigation, settlement, and litigation, and their representatives and individuals assisting those representatives;
(3)witness, potential witness, or their representatives and assistants, and any other person who possesses information pertaining to the matter, when it is necessary to obtain information or testimony relevant to the matter. 2. A record from this system may be disclosed as a routine use in court or administrative proceedings to the tribunals, counsel, other parties, witnesses, and the public (in publicly available pleadings, filings or discussion in open court) when such disclosure:
(1)Is relevant to, and necessary for, the proceeding;
(2)is compatible with the purpose for which the Department collected the records; and
(3)the proceedings involve:
(a)The Department, its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, or
(b)A current or former employee of the Department and its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, who is acting in an official capacity, or in any individual capacity where the Department or other United States Government agency has agreed to represent the employee. 3. A record from the system may be disclosed as a routine use to the appropriate local, state or federal agency when records alone or in conjunction with other 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 pursuant thereto. 4. A record from this system of records may be disclosed to a member of Congress submitting a request involving the constituent when the constituent has requested assistance from the member with respect to the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 5. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 6. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper records and electronic media. RETRIEVABILITY: Records may be retrieved by name. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS *Headquarters:* The Office Directors for their respective offices. *Field Offices:* The Managers and Directors of the “System Locations” listed above are the system managers for their respective portions of the system. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by the Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where the work is performed. In accordance with DOE's Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: Subject individuals and drafter of DOE response. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-61 SYSTEM NAME: Census of High Energy Physicists. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, 19901 Germantown Road, Germantown, MD 20874-1290. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Scientists and graduate students in the field of high energy physics including DOE and National Nuclear Security Administration employees. CATEGORIES OF RECORDS IN THE SYSTEM: Name, date of birth, education, employment history, research activities, and technical specialties. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.* and 50 U.S.C. 2401 *et seq.* PURPOSE(S): The information is maintained and used by the Department to provide a database for statistical and demographic studies of the high energy physics research community. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from the system may be disclosed as a routine use to physicists, research organizations, and various Government organizations engaged in supporting physics research to obtain information for statistical and demographic purposes, on individuals and institutions engaged in high energy physics research. 2. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 3. A record from this system of records may be disclosed to a member of Congress submitting a request involving the constituent when the constituent has requested assistance from the member with respect to the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 4. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as electronic media. RETRIEVABILITY: Records may be retrieved by name of individual. SAFEGUARDS: Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: Associate Director for High Energy and Nuclear Physics, Office of Science, U.S. Department of Energy, 19901 Germantown Road, Germantown, MD 20874-1290. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-62 SYSTEM NAME: Historical Files—Published Information Concerning Selected Persons in the Energy Field. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, Headquarters, 1000 Independence Avenue, SW., Washington, DC 20585. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Selected senior staff officials of the Manhattan Project, Atomic Energy Commission, Nuclear Regulatory Commission, Energy Research and Development Administration, DOE including the National Nuclear Security Administration and other selected individuals prominent in the energy field. CATEGORIES OF RECORDS IN THE SYSTEM: Name of selected person, newspaper and magazine articles, press releases, announcements, and speeches. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.* and 50 U.S.C. 2401 *et seq.* PURPOSE(S): The information is maintained and used by the Department to record, historical records of the DOE and predecessor agencies, including the Atomic Energy Commission, Federal Energy Administration, and the Energy Research and Development Administration. Records are used to prepare histories in responding to informational inquiries from DOE officials and members of the public. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from the system may be disclosed as a routine use to members of the public and the media when responding to requests for information. 2. A record from the system may be disclosed as a routine use to another federal agency when consultation or referral is required to process requests. 3. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 4. A record from this system of records may be disclosed to a member of Congress submitting a request involving the constituent when the constituent has requested assistance from the member with respect to the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 5. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper records. RETRIEVABILITY: Records may be retrieved by name. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: Chief Historian, History and Heritage Resources, Office of the Executive Secretariat, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: DOE press releases, DOE News Clips (a daily compilation of energy related newspaper and magazine articles), and other published sources. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-63 SYSTEM NAME: Personal Identity Verification
(PIV)Files. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATIONS/OFFICES: U.S. Department of Energy, Headquarters, 1000 Independence Avenue, SW., Washington, DC 20585 U.S. Department of Energy, Ames Site Office, 9800 S. Cass Avenue, Argonne, IL 60439 U.S. Department of Energy, Ames Laboratory, 311 TASF, Ames, IA 50011-3020 U.S. Department of Energy, Argonne Site Office, 9800 S. Cass Avenue, Argonne, IL 60439 U.S. Department of Energy, Argonne National Laboratory, 9700 S. Cass Avenue, Argonne, IL 60439 U.S. Department of Energy, Berkeley Site Office, 1 Cyclotron Road, Berkeley, CA 94720 U.S. Department of Energy, Bonneville Power Administration, P.O. Box 3621, Portland, OR 97208-3621 U.S. Department of Energy, Brookhaven Site Office, 53 Bell Avenue, Building 464, Upton, NY 11973 U.S. Department of Energy, Brookhaven National Laboratory, P.O. Box 5000, Upton, NY 1973-5000 U.S. Department of Energy, Carlsbad Field Office, WIPP Information Center, 4021 National Parks Highway Carlsbad, NM 88221 U.S. Department of Energy, Chicago Office, 9800 South Cass Avenue, Argonne, IL 60439 U.S. Department of Energy, Environmental Management Consolidated Business Center, 250 E. 5th Street, Suite 500, Cincinnati, OH 45202 U.S. Department of Energy, Fermi National Accelerator Laboratory, P.O. Box 500, Batavia, IL 60510-0500 U.S. Department of Energy, Fermi Site Office, P.O. Box 2000, Batavia, IL 60510-0500 U.S. Department of Energy, General Atomics, 3550 General Atomics Court, San Diego, CA 92121 U.S. Department of Energy, Golden Field Office, Mail Stop 1501, 1617 Cole Boulevard, Golden, CO 80401 U.S. Department of Energy, Grand Junction Office, 2597 B 3/4 Road, Grand Junction, CO 81503 U.S. Department of Energy, Idaho National Laboratory, P.O. Box 1625, Idaho Falls, ID 83415 U.S. Department of Energy, Lawrence Berkeley National Laboratory, 1 Cyclotron Road, Berkeley, CA 94720 U.S. Department of Energy, National Energy Technology Laboratory—ARC, 1450 Queen Avenue SW, Albany, OR 97321 U.S. Department of Energy, National Energy Technology Laboratory-Fairbanks, 2175 University Avenue South, Suite 201, Fairbanks, AK 99709 U.S. Department of Energy, National Energy Technology Laboratory (Morgantown), 3610 Collins Ferry Road, P.O. Box 880, Morgantown, WV 26507-0880 U.S. Department of Energy, National Energy Technology Laboratory (Pittsburgh), 626 Cochrans Mill Road, P.O. Box 10940, Pittsburgh, PA 15236-0940 U.S. Department of Energy, National Energy Technology Laboratory (Tulsa), One West Third Street, Suite 1400 Tulsa, OK 74103-3519 U.S. Department of Energy, NNSA Service Center, P.O. Box 5400, Albuquerque, NM 87185-5400 U.S. Department of Energy, NNSA Nevada Site Office, P.O. Box 98518, Las Vegas, NV 89193-8518 U.S. Department of Energy, National Renewable Energy Laboratory Area Office, 1617 Cole Boulevard, Golden CO 80401 U.S. Department of Energy, Oak Ridge Institute of Science and Education, 130 Badger Avenue, Oak Ridge, TN 37831 U.S. Department of Energy, Oak Ridge National Laboratory, P.O. Box 2008, Oak Ridge, TN 37831 U.S. Department of Energy, Oak Ridge Office, P.O. Box 2001, Oak Ridge, TN 37831 U.S. Department of Energy, Pacific Northwest National Laboratory, P.O. Box 999, K1-46, Richland, WA 99352 U.S. Department of Energy, Pacific Northwest Site Office, P.O. Box 350, MS K 8-50, Richland, WA 99354 U.S. Department of Energy, Portsmouth/Paducah Project Office, 1017 Majestic Drive, Suite 200 Lexington KT 40513 U.S. Department of Energy, Princeton Plasma Physics Laboratory, P.O. Box 451, Princeton, NJ 08543 U.S. Department of Energy, Princeton Site Office, P.O. Box 102, Princeton, NJ 08042 U.S. Department of Energy, Richland Operations Office, P.O. Box 550, Richland, WA 99352 U.S. Department of Energy, Savannah River Operations Office, P.O. Box A, Aiken, SC 29802 U.S. Department of Energy, Savannah River Site Office, P.O. Box A, Aiken, SC 29801 U.S. Department of Energy, Southeastern Power Administration, 1166 Athens Tech Road, Elberton, GA 30635-4578 U.S. Department of Energy, Stanford Linear Accelerator Center, 2575 Sand Hill Road, MS 75, Menlo Park, CA 94025 U.S. Department of Energy, Stanford Site Office, 2575 Sand Hill Road, MS 8-A Menlo Park, CA 94025 U.S. Department of Energy, Strategic Petroleum Reserve Project Management Office, 900 Commerce Road East New Orleans, LA 70123-3401 U.S. Department of Energy, Thomas Jefferson National Accelerator Facility, 12000 Jefferson Avenue, Newport News, VA 23606 U.S. Department of Energy, Thomas Jefferson Site Office, 12000 Jefferson Avenue, Newport News, VA 23606 U.S. Department of Energy, Western Area Power Administration, P.O. Box 281213, Lakewood, CO 80228-8213 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Individuals who have applied for a Department of Energy
(DOE)PIV credential under the PIV process. CATEGORIES OF RECORDS IN THE SYSTEM: The records maintained in this system of records include all documents submitted during application for the PIV credential or copies of those documents, and any resulting investigative, adjudicative, appeal, or reciprocity documentation. The PIV information contained in the records includes the applicant's name, social security number, date of birth, place of birth, signature, status as Federal or contractor employee or prospective employee, and sponsor's or employer's name, address, and telephone number. The records are the PIV credential request submitted by the applicant's sponsor and may include depending on the applicant's history and actions any of the following: copies of identity source documents; data from source documents used to positively identify the applicant; copies of applicant's photograph; copies of the applicant's background investigation forms [e.g., Standard Form 85 (SF 85), *Questionnaire for Non-Sensitive Positions* ; SF 85P, *Questionnaire for Public Trust Positions* ; SF 86, *Questionnaire for National Security Positions* ; SF 87, *Fingerprint Chart* ; FD-258, *Fingerprint Card* ; Optional Form 306 (OF 306), *Declaration for Federal Employment* ; SF 171, *Application for Federal Employment* ; OF 612, *Optional Application for Federal Employment* ; a resumé or similar document]; adjudication documents; verification of previous adjudication decision by DOE or another Federal agency; disposition of applicant's PIV processing; correspondence and related documents to and from other Federal agencies for reciprocity purposes; and appeal documents. The above information will be used to positively identify individuals and determine the eligibility of those individuals for access to DOE facilities in accordance with HSPD-12. Note: Executive Order 10450 Section 9(c) stipulates that reports and other investigative material and information that originated from the background investigation
(BI)will remain the property of the investigative agency that conducted the investigation. DOE Privacy Act Officers will forward requests for BI results to the agency that conducted the investigation. The requester will be notified of the referral. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.,* 50 U.S.C. 2401 *et seq.,* 5 U.S.C. 552a (the Privacy Act of 1974), Homeland Security Presidential Directive 12, “Policy for a Common Identification Standard for Federal Employees Contractors,” August 27, 2004, and Title 5, Code of Federal Regulation, Parts 5 and 736. PURPOSES: The records are maintained and used by DOE to determine the eligibility of individuals for a PIV credential that provides access to DOE owned or leased facilities in accordance with HSPD-12. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from this system may be disclosed as a routine use for the purpose of an investigation, settlement of claims, or the preparation and conduct of litigation to
(1)persons representing DOE in the investigation, settlement or litigation, and to individuals assisting in such representation;
(2)others involved in the investigation, settlement, and litigation, and their representatives and individuals assisting those representatives;
(3)witness, potential witness, or their representatives and assistants, and any other person who possesses information pertaining to the matter, when it is necessary to obtain information or testimony relevant to the matter. 2. A record from this system may be disclosed as a routine use to the Department of Justice when:
(a)DOE or any component thereof; or
(b)any employee of DOE in his or her official capacity; or
(c)any employee of DOE in his or her individual capacity where DOE or the Department of Justice has agreed to represent the employee; or
(d)the Federal Government, is a party to litigation or has an interest in such litigation, and after careful review, DOE determines that the records are both relevant and necessary to the litigation and the use of such records by the Department of Justice is therefore deemed by DOE to be for a purpose compatible with the purpose for which DOE collected the records. 3. A record from this system may be disclosed as a routine use to a court or adjudicative body in a proceeding when:
(a)DOE or any component thereof;
(b)any employee of DOE in his or her official capacity;
(c)any employee of DOE in his or her individual capacity where DOE or the Department of Justice has agreed to represent the employee; or
(d)the Federal Government is a party to litigation or has an interest in such litigation and, after careful review, DOE determines that the records are both relevant and necessary to the litigation and the use of such records is therefore deemed by DOE to be for a purpose that is compatible with the purpose for which DOE collected the records. 4. A record from this system may be disclosed as a routine use to a federal, state, local, foreign, tribal, or other public authority that the 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. No disclosure will be made unless the information has been determined to be sufficiently reliable to support a referral to another office within DOE or to another Federal agency for criminal, civil, administrative personnel or regulatory action. 5. Except for self-admissions of illegal use of drugs or drug activity on questionnaire Forms SF 85, SF 85P, and SF 86, when a record on its face, or in conjunction with other records, 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, a routine use disclosure may be made to the appropriate public authority, whether Federal, foreign, State, local, or tribal, or otherwise, responsible for enforcing, investigating or prosecuting such violation or charged with enforcing or implementing the statute, or rule, regulation, or order issued pursuant thereto, if the information disclosed is relevant to any enforcement, regulatory, investigative or prosecutorial responsibility of the receiving entity. 6. A record from this system may be disclosed as a routine use to a member of Congress or to a Congressional staff member in response to an inquiry of the Congressional office made at the written request of the constituent about whom the record is maintained. The member of Congress must provide a copy of the constituent's request for assistance. 7. A record from this system may be disclosed as a routine use to DOE contractors in the performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 8. A record from this system may be disclosed as a routine use to the National Archives and Records Administration for records management inspections under 44 U.S.C. 2904 and 2906. 9. A record from this system may be disclosed as a routine use to any source or potential source from which the 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. 10. A record from this system may be disclosed as a routine use to a Federal, State, or local agency, or other appropriate entities or individuals, or through established liaison channels to selected foreign governments, in order to enable an intelligence agency to carry out its responsibilities under the National Security Act of 1947, as amended, the CIA Act of 1949, as amended, Executive Order 12333 or any successor order, applicable national security directives, or classified implementing procedures approved by the Attorney General and promulgated pursuant to such statutes, orders, or directives. 11. A record from this system may be disclosed as a routine use to notify another Federal agency, or verify whether, a PIV credential is no longer valid. 12. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper files and/or electronic media. RETRIEVABILITY: Records may be retrieved by name, social security number, or unique PIV file number. SAFEGUARDS: Paper records, when not in use, are maintained in a combination-locked cabinet or safe, or in an equally secure area. Electronic records are controlled through established DOE cyber security directives or procedures, and they are password protected. Both paper and electronic records are protected by screening the personnel who have regular access to them and by physically protecting the locations where they are kept. Access to paper or electronic records is limited to those whose official duties require access to the records and who have a need-to-know. Data from the system of records that is personally identifiable information which may be electronically transmitted is protected by encryption. RETENTION AND DISPOSAL: Records retention and disposal authorities are in the National Archives and Records Administration
(NARA)General Records Schedule and in supplemental DOE record schedules that have been approved by NARA. SYSTEM MANAGERS AND ADDRESSES: *Headquarters:* Director, Office of Health, Safety and Security, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585. *Field Offices:* The Managers of the System Locations listed with their addresses above are the system managers for their respective portions of the system. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act at Title 10, Code of Federal Regulations (CFR), Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or to the Privacy Act Officer at the appropriate location identified under System Locations above. For records maintained in the field including, but not limited to, Laboratories, Area Offices, or Site Offices, the request should be directed to the Privacy Act Officer that has jurisdiction over that office or facility. The request should include the requester's complete name, time period for which records are sought, and the office location(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where the work is performed. In accordance with the DOE Privacy Act regulation at 10 CFR 1008, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: Documents completed or furnished by the applicant; Department of Energy; Office of Personnel Management; Federal Bureau of Investigation; other Federal agencies. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-66 SYSTEM NAME: Power Sales to Individuals. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, Western Area Power Administration, P.O. Box 3402, Golden, CO 80401 U.S. Department of Energy, Western Area Power Administration, 1800 South Rio Grand, Montrose, CO 81401 U.S. Department of Energy, Colorado River Storage Region, 257 E200S, Suite 475, Salt Lake City, UT 84111 U.S. Department of Energy, Desert Southwest Region, 615 S. 43rd Avenue, Phoenix, AZ 85009 U.S. Department of Energy, Rocky Mountain Region, 5555 E. Crossroads Boulevard, Loveland, CO 80538-8986 U.S. Department of Energy, Sierra Nevada Region, 114 Parkshore Drive, Folsom, CA 95630-4710 U.S. Department of Energy, Upper Great Plains Region, 2900 4th Avenue North, Billings, MT 59101-1266 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Individuals purchasing power from the Western Area Power Administration. CATEGORIES OF RECORDS IN THE SYSTEM: Executed contracts, agreements, amendments, extensions, and related correspondence. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.* and 50 U.S.C. 2401 *et seq.* PURPOSE(S): The records are maintained and used by the Department to bill individuals for sale of purchase power. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from this system may be disclosed as a routine use for the purpose of an investigation, settlement of claims, or the preparation and conduct of litigation to
(1)persons representing the Department in the investigation, settlement or litigation, and to individuals assisting in such representation;
(2)others involved in the investigation, settlement, and litigation, and their representatives and individuals assisting those representatives;
(3)witness, potential witness, or their representatives and assistants, and any other person who possesses information pertaining to the matter, when it is necessary to obtain information or testimony relevant to the matter. 2. A record from this system may be disclosed as a routine use in court or administrative proceedings to the tribunals, counsel, other parties, witnesses, and the public (in publicly available pleadings, filings or discussion in open court) when such disclosure:
(1)Is relevant to, and necessary for, the proceeding;
(2)is compatible with the purpose for which the Department collected the records; and
(3)the proceedings involve:
(a)The Department, its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, or
(b)A current or former employee of the Department and its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, who is acting in an official capacity, or in any individual capacity where the Department or other United States Government agency has agreed to represent the employee. 3. A record from the system may be disclosed as a routine use to a federal, state, or local agency to obtain information relevant to a Departmental decision concerning the hiring or retention of an employee, the issuance of a security clearance, the letting of a contract, or the issuance of a license, grant, or other benefit. The Department must deem such disclosure to be compatible with the purpose for which the Department collected the information. 4. A record from this system of records may be disclosed to a federal agency to facilitate the requesting agency's decision concerning the hiring or retention of an employee, the issuance of a security clearance, the reporting of an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or other benefit, to the extent that the information is relevant and necessary to the requesting agency's decision on the matter. The Department must deem such disclosure to be compatible with the purpose for which the Department collected the information. 5. A record from the system may be disclosed as a routine use to the appropriate local, state or federal agency when records alone or in conjunction with other 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 pursuant thereto. 6. A record from this system of records may be disclosed to a member of Congress submitting a request involving the constituent when the constituent has requested assistance from the member with respect to the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 7. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 8. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper records. RETRIEVABILITY: Records may be retrieved by name. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: Administrator, Western Area Power Administration, U.S. Department of Energy, P.O. Box 3402, Golden, CO 80401. *Regional Offices:* The Managers and Directors of the “System Locations” listed above are the system managers for their respective locations. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by the Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: Subject individuals. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-71 SYSTEM NAME: The Radiation Accident Registry. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, Oak Ridge Office, P.O. Box 2001, Oak Ridge, TN 37831. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Those persons accidentally exposed to acute dose of ionizing radiation as defined by exposure dose criteria agreed to by the Department of Energy
(DOE)including the National Nuclear Security Administration
(NNSA)and the Nuclear Regulatory Commission
(NRC)by an interagency agreement. The dose criteria established by this agreement include one or more of the following: Greater than or equal to 25 REM (Roentgen Equivalent in Man) to the whole body, active blood forming organs or gonads; greater than or equal to 600 REM to skin of the whole body or extremities; greater than or equal to 75 REM to other tissues or organs from an external source; and greater than or equal to 1/2 NCRP maximum permissible organ burden internally; all those medical administrations of radioisotopes that result in a dose or organ burden equal to or greater than those given above. CATEGORIES OF RECORDS IN THE SYSTEM: Official accident reports including reports of those accidents that have occurred within the jurisdiction of the NRC and have been transferred to the DOE for the Accident Registry according to the DOE/NRC agreement; names, addresses, social security numbers, date of birth, and sex; medical records compiled at the time of the accident (such records include physician and hospital records, diagnostic and laboratory test reports, radiographs, EKGs, and radiation exposure report); medical records of illnesses, examinations, including routine follow-up examinations, and investigations that have occurred since the radiation exposure; photographs or facsimiles of radiation-induced injuries; search and contact information for registrants not identified and/or located; consent to release information forms completed by registrants; death certificates; anecdotal information; and correspondence relating to the accident and/or the individuals involved. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.;* 50 U.S.C. 2401 *et seq.* ; DOE Order 5500.2B, Emergency Categories, Classes, and Notification and Reporting Requirements, April 30, 1991; 42 U.S.C. 7274i. Program to monitor Department of Energy workers exposed to hazardous and radioactive substances. PURPOSE(S): The information is maintained and used by the Department to provide a current record of radiation accidents; to identify specific populations for use in epidemiological and clinical studies; and to conduct medical surveillance during the lifetime of the registrants. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from this system of records may be disclosed to a member of Congress submitting a request involving the constituent when the constituent has requested assistance from the member with respect to the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 2. A record from this system of records may be disclosed to contractor personnel, grantees, and cooperative agreement holders of components of the Department of Health and Human Services, including the National Institute for Occupational Safety and Health and the National Center for Environmental Health of the Centers for Disease Control and Prevention, and the Agency for Toxic Substances and Disease Registry to facilitate health hazard evaluations, epidemiological studies, or public health activities required by law pursuant to a Memoranda of Understanding between the Department and the Department of Health and Human Services or its components. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 3. A record from this system of records may be disclosed as a routine use to DOE contractors, grantees, participants in cooperative agreements, and collaborating researchers, or the employees of these parties, in performance of health studies or related health or environmental duties pursuant to their contracts, grants, and cooperating or collaborating research agreements; federal, state and local health and medical agencies or authorities; to subcontractors in order to determine a subject' s vital status or cause of death; to health care providers to verify a diagnosis or cause of death; or to third parties to obtain current addresses for participants in health-related studies, surveys and surveillances. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 4. A record from this system of records may be disclosed as a routine use to members of DOE advisory committees, the Department of Health and Human Services Advisory Committee on Projects Related to Department of Energy Facilities and to designated employees of federal, state, or local government or government-sponsored entities authorized to provide advice to the Department concerning health, safety, or environmental issues. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 5. A record from this system may be disclosed as a routine use for the purpose of an investigation, settlement of claims, or the preparation and conduct of litigation to
(1)persons representing the Department in the investigation, settlement or litigation, and to individuals assisting in such representation;
(2)others involved in the investigation, settlement, and litigation, and their representatives and individuals assisting those representatives;
(3)witnesses, potential witnesses, or their representatives and assistants, and any other person who possesses information pertaining to the matter, when it is necessary to obtain information or testimony relevant to the matter. 6. A record from this system may be disclosed as a routine use in court or administrative proceedings to the tribunals, counsel, other parties, witnesses, and the public (in publicly available pleadings, filings or discussion in open court) when such disclosure:
(1)Is relevant to, and necessary for, the proceeding;
(2)is compatible with the purpose for which the Department collected the records; and
(3)the proceedings involve:
(a)The Department, its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, or
(b)A current or former employee of the Department and its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, who is acting in an official capacity, or in any individual capacity where the Department or other United States Government agency has agreed to represent the employee. 7. A record from the system may be disclosed as a routine use to the appropriate local, state, or federal agency when records alone or in conjunction with other 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 pursuant thereto. 8. A record from this system of records may be disclosed to foreign governments or international organizations, in accordance with treaties, international conventions, or executive agreements. 9. A record from this system may be disclosed to Department of Health and Human Services, their contractors, grantees, and cooperative agreement holders, pursuant to the Energy Employees Occupational Illness Compensation Program Act of 2000, to estimate radiation doses and other workplace exposures received by Department of Energy and contractor employees. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 10. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper records, microfilm, and electronic media. RETRIEVABILITY: Records may be retrieved by name and social security number. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE records schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: Manager, U.S. Department of Energy, Oak Ridge Office, P.O. Box 2001, Oak Ridge, TN 37831. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by the Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. RECORD SOURCE CATEGORIES: The individual, medical records, physicians, medical institutions, and reports of incident/accident/accident investigations from private and public sources, radiation dosimetry records, security clearance records, and employment records. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-72 SYSTEM NAME: The DOE Radiation Study Registry. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, Oak Ridge Office, P.O. Box 2001, Oak Ridge, TN 37831 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Present and former employees, Department of Energy
(DOE)contractor employees, including employees of the National Nuclear Security Administration
(NNSA)predecessor agencies and organizations, including the Manhattan District, U.S. Atomic Energy Commission, and Energy Research and Development Administration; and present and former civilian employees in the DOE Naval Reactor Program who received a whole body exposure of ionizing radiation equal to or in excess of 5 REM in any 1 year. CATEGORIES OF RECORDS IN THE SYSTEM: Rosters of names of individuals meeting the above criteria for inclusion in the Registry submitted through the DOE field operation officers from DOE owned and operated facilities and sites. In addition to names of such individuals, these rosters include social security number or other identifying information, sex, race, date of birth, date and/or place of death, first date of hire, last date of termination, continuity of hire, year in which they received first dose greater than or equal to 5 REM, actual radiation doses in excess of 5 REM, and total career radiation exposure dose. Original or copied lifetime medical records from plant and private physicians and hospitals including routine physical examinations, reports of diagnostic and laboratory tests, radiographs, EKGs, etc., or abstracted portions of such records as are required for the purposes of this study. Contact information for registrants who are no longer employed at qualified sites or who are deceased. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.* ; 50 U.S.C. 2401 *et seq.* ; DOE Order 5500.2B, Emergency Categories, Classes, and Notification and Reporting Requirements, April 30, 1991; 42 U.S.C. 7274i. PURPOSE(S): The information is maintained and used by the Department to identify specific populations for use in epidemiological and clinical studies; and to conduct medical surveillance during the lifetime of the registrants. ROUTINE USES OF THE RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSE OF SUCH USES: 1. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 2. A record from this system of records may be disclosed to a member of Congress submitting a request involving the constituent when the constituent has requested assistance from the member with respect to the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 3. A record from this system of records may be disclosed to contractor personnel, grantees, and cooperative agreement holders of components of the Department of Health and Human Services, including the National Institute for Occupational Safety and Health and the National Center for Environmental Health of the Centers for Disease Control and Prevention, and the Agency for Toxic Substances and Disease Registry to facilitate health hazard evaluations, epidemiological studies, or public health activities required by law pursuant to a Memoranda of Understanding between the Department and the Department of Health and Human Services or its components. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 4. A record from this system of records may be disclosed as a routine use to members of DOE advisory committees, the Department of Health and Human Services Advisory Committee on Projects Related to Department of Energy Facilities and to designated employees of Federal, State, or local government or government-sponsored entities authorized to provide advice to the Department concerning health, safety, or environmental issues. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 5. A record from this system may be disclosed as a routine use for the purpose of an investigation, settlement of claims, or the preparation and conduct of litigation to
(1)a person representing the Department in the investigation, settlement or litigation, and to individuals assisting in such representation;
(2)others involved in the investigation, settlement, and litigation, and their representatives and individuals assisting those representatives;
(3)witness, potential witness, or their representatives and assistants, and any other person who possesses information pertaining to the matter, when it is necessary to obtain information or testimony relevant to the matter. 6. A record from this system may be disclosed as a routine use in court or administrative proceedings to the tribunals, counsel, other parties, witnesses, and the public (in publicly available pleadings, filings or discussion in open court) when such disclosure:
(1)is relevant to, and necessary for, the proceeding;
(2)is compatible with the purpose for which the Department collected the records; and
(3)the proceedings involve:
(a)The Department, its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, or
(b)A current or former employee of the Department and its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, who is acting in an official capacity, or in any individual capacity where the Department or other United States Government agency has agreed to represent the employee. 7. A record from this system of records may be disclosed as a routine use to the United States Enrichment Corporation and its contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties subject to the same limitations applicable to DOE officers and employees under the Privacy Act at the following sites:
(1)Portsmouth Gaseous Diffusion Plant at Piketon, Ohio, and
(2)Paducah Site Office at Paducah, Kentucky. 8. A record from this system may be disclosed to Department of Health and Human Services, their contractors, grantees, and cooperative agreement holders, pursuant to the Energy Employees Occupational Illness Compensation Program Act of 2000, to estimate radiation doses and other workplace exposures received by Department of Energy and contractor employees. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 9. A record from this system may be disclosed as a routine use to the personnel, contractors, grantees, and cooperative agreement holders of the Department of Labor, the Department of Health and Human Services, the Department of Justice, and other Federal agencies and their components, designated by the President to implement the Federal compensation program established by the Energy Employees Occupational Illness Compensation Program Act, for the purpose of assisting in the adjudication or processing of a claim under that Act. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 10. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF THE RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper records, microfilm, and electronic media. RETRIEVABILITY: Records may be retrieved by name and social security number. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: Manager, U.S. Department of Energy, Oak Ridge Office, P.O. Box 2001, Oak Ridge, TN 37831. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by the Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. RECORD SOURCE CATEGORIES: The individual, medical records, physicians, medical institutions, and reports of incident/accident/accident investigations from private and public sources, radiation dosimetry records, security clearance records, and employment records. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-73 SYSTEM NAME: The US-DTPA Registry. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, Oak Ridge Office, P. O. Box 2001, Oak Ridge, TN 37831 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Individuals who are or suspected of internal contamination with transuranic elements and have received diethylene triamine pentaacetic acid
(DTPA)in the calcium or zinc form during the course of chelation therapy. Administration of the agent DTPA is limited to physicians who are co-investigators with the DOE contractor staff on the Investigative New Drug License of the Food and Drug Administration. CATEGORIES OF RECORDS IN THE SYSTEM: The records compiled by the physician administering DTPA in the event of an exposure that was known to have or was suspected of having caused transuranic contamination internally requiring chelation therapy with DTPA. These records include a description of the exposure, the results of serial bioassays and investigations conducted to evaluate the level of internal contamination and the efficacy of subsequent chelation by DTPA. Name, social security numbers or other identifiers and vital status of treated persons. The name and address of the individual's last known private physicians are included in the DTPA Registry to facilitate the search and contact of individuals; medical records of illnesses, examinations, including routine follow-up examinations, and investigations that have occurred since the initial administration of DTPA; and death certificate. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.* ; 50 U.S.C. 2401 *et seq.* ; 42 U.S.C. 7274i. PURPOSE(S): The records are maintained and used by the Department to provide a current record of individuals treated with DTPA. To identify by epidemiological methods any long-term effects associated with DTPA therapy; and to provide information to Food and Drug Administration in accordance with the Investigative New Drug licenses and issuances, epidemiological and clinical studies; and to conduct medical surveillance during the lifetime of the registrants. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING, CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 2. A record from this system of records may be disclosed to a member of Congress submitting a request involving the constituent when the constituent has requested assistance from the member with respect to the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 3. A record from this system of records may be disclosed to contractor personnel, grantees, and cooperative agreement holders of components of the Department of Health and Human Services, including the National Institute for Occupational Safety and Health and the National Center for Environmental Health of the Centers for Disease Control and Prevention, and the Agency for Toxic Substances and Disease Registry to facilitate health hazard evaluations, epidemiological studies, or public health activities required by law pursuant to Memoranda of Understanding between the Department and the Department of Health and Human Services or its components. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 4. A record from this system of records may be disclosed as a routine use to members of DOE Advisory Committees, the Department of Health and Human Services Advisory Committee on Projects Related to Department of Energy Facilities, and to designated employees of Federal, State, or local government or government-sponsored entities authorized to provide advice to the Department concerning health, safety, or environmental issues. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 5. A record from this system may be disclosed as a routine use for the purpose of an investigation, settlement of claims, or the preparation and conduct of litigation to
(1)a person representing the Department in the investigation, settlement or litigation, and to individuals assisting in such representation;
(2)others involved in the investigation, settlement, and litigation, and their representatives and individuals assisting those representatives;
(3)witnesses, potential witnesses, or their representatives and assistants, and any other person who possesses information pertaining to the matter, when it is necessary to obtain information or testimony relevant to the matter. 6. A record from this system may be disclosed as a routine use in court or administrative proceedings to the tribunals, counsel, other parties, witnesses, and the public (in publicly available pleadings, filings or discussion in open court) when such disclosure:
(1)Is relevant to, and necessary for, the proceeding;
(2)is compatible with the purpose for which the Department collected the records; and
(3)the proceedings involve:
(a)The Department, its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, or
(b)A current or former employee of the Department and its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, who is acting in an official capacity, or in any individual capacity where the Department or other United States Government agency has agreed to represent the employee. 7. A record from the system may be disclosed as a routine use to the appropriate local, state or federal agency when records alone or in conjunction with other 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 pursuant thereto. 8. A record from this system may be disclosed to Department of Health and Human Services, their contractors, grantees, and cooperative agreement holders, pursuant to the Energy Employees Occupational Illness Compensation Program Act of 2000, to estimate radiation doses and other workplace exposures received by Department of Energy and contractor employees. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 9. A record from this system may be disclosed as a routine use to the personnel, contractors, grantees, and cooperative agreement holders of the Department of Labor, the Department of Health and Human Services, the Department of Justice, and other Federal agencies and their components, designated by the President to implement the Federal compensation program established by the Energy Employees Occupational Illness Compensation Program Act, for the purpose of assisting in the adjudication or processing of a claim under that Act. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 10. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper records, microfilm, and electronic media. RETRIEVABILITY: Records may be retrieved by name and social security number. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE records schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: Manager, U.S. Department of Energy, Oak Ridge Office, P.O. Box 2001, Oak Ridge, TN 37831 NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by the Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. RECORD SOURCE CATEGORIES: The individual, medical records, physicians, medical institutions, and reports of incident/accident/accident investigations from private and public sources, radiation dosimetry records, security clearance records, and employment records. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-75 SYSTEM NAME: Call Detail Records. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, Headquarters, 1000 Independence Avenue, SW., Washington, DC 20585 U.S. Department of Energy, NNSA Service Center Albuquerque, P.O. Box 5400, Albuquerque, NM 87185-5400 U.S. Department of Energy, Bonneville Power Administration, P.O. Box 3621, Portland, OR 97208 U.S. Department of Energy, Chicago Office, 9800 South Cass Avenue, Argonne, IL 60439 U.S. Department of Energy, Idaho Operations Office, 850 Energy Drive, Idaho Falls, ID 83401 U.S. Department of Energy, National Energy Technology Laboratory (Morgantown), P.O. Box 880, Morgantown, WV 26505 U.S. Department of Energy, National Energy Technology Laboratory (Pittsburgh), P.O. Box 10940, Pittsburgh, PA 15122 U.S. Department of Energy, NNSA Nevada Site Office, P.O. Box 98518, Las Vegas, NV 89193-8518 U.S. Department of Energy, Oak Ridge Office, P.O. Box E, Oak Ridge, TN 37830 U.S. Department of Energy, Pittsburgh Naval Reactors, P.O. Box 109, Pittsburgh, PA 15122 U.S. Department of Energy, Richland Operations Office, P.O. Box 550, Richland, WA 99352 U.S. Department of Energy, Savannah River Operations Office, P.O. Box A, Aiken, SC 29801 U.S. Department of Energy, Schenectady Naval Reactors Office, P.O. Box 1069, Schenectady, NY 12301 U.S. Department of Energy, Southeastern Power Administration, 1166 Athens Tech Road, Elberton, GA 30635-4578 U.S. Department of Energy, Southwestern Power Administration, Williams Tower One, One West Third Street, Tulsa, OK 74103 U.S. Department of Energy, Western Area Power Administration, P.O. Box 3402, Golden, CO 80401 U.S. Department of Energy, Office of Repository Development, P.O. Box 364629, North Las Vegas, NV 89036-8629 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Employees of Department of Energy
(DOE)including employees of the National Nuclear Security Administration
(NNSA)and those employees of other Federal agencies and contractors who are located on the DOE premises and who have assigned station numbers in the on-premise telecommunications system. CATEGORIES OF RECORDS IN THE SYSTEM: Originating and terminating call data records relating to use of DOE telephones, including calling station number; date, time call originated, duration of call, and called number; directory records indicating assignment of telephone numbers to employees; and records relating to location of telephones. Reports may be generated from stored call detail records and may include, but are not limited to, station usage summaries, trunk usage summaries, traffic and network busy hour studies, on-net and off-net pricing, exception reports, bill certification, and cost allocation. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.* and 50 U.S.C. 2401 *et seq.* PURPOSE(S): The information is maintained and used by the Department to help manage and control the costs of operating the Department's telephone systems. To this end, the program will collect information about the use of the agency's telephone system for local, long distance, and other toll calls and may attempt to assign responsibility to individual person for particular calls. The information also assists the Department in choosing more efficient and cost effective ways of communicating; in making decisions about acquiring hardware, software, and services; and in developing management strategies for more efficient use of existing telecommunications capabilities. Other uses are to deter use of the telephone systems for unofficial purposes, and to recover the cost of unofficial calls. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from this system may be disclosed as a routine use to representatives of the General Services Administration who are conducting records management inspections under the authority of 44 U.S.C. 2904 and 2906. 2. A record from this system may be disclosed as a routine use to “consumer reporting agencies” as defined in the Fair Credit Reporting Act, 15 U.S.C. 2904 and 2906. 3. A record from the system may be disclosed as a routine use to the appropriate local, state or federal agency when records alone or in conjunction with other 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 pursuant thereto. 4. A record from this system may be disclosed as a routine use for the purpose of an investigation, settlement of claims, or the preparation and conduct of litigation to
(1)a person representing the Department in the investigation, settlement or litigation, and to individuals assisting in such representation;
(2)others involved in the investigation, settlement, and litigation, and their representatives and individuals assisting those representatives;
(3)witness, potential witness, or their representatives and assistants, and any other person who possesses information pertaining to the matter, when it is necessary to obtain information or testimony relevant to the matter. 5. A record from this system may be disclosed as a routine use in court or administrative proceedings to the tribunals, counsel, other parties, witnesses, and the public (in publicly available pleadings, filings or discussion in open court) when such disclosure:
(1)Is relevant to, and necessary for, the proceeding;
(2)is compatible with the purpose for which the Department collected the records; and
(3)the proceedings involve:
(a)The Department, its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, or
(b)A current or former employee of the Department and its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, who is acting in an official capacity, or in any individual capacity where the Department or other United States Government agency has agreed to represent the employee. 6. A record from the system may be disclosed as a routine use to a federal, state, or local agency to obtain information relevant to a Departmental decision concerning the hiring or retention of an employee, the issuance of a security clearance, the letting of a contract, or the issuance of a license, grant, or other benefit. The Department must deem such disclosure to be compatible with the purpose for which the Department collected the information. 7. A record from this system of records may be disclosed to a federal agency to facilitate the requesting agency's decision concerning the hiring or retention of an employee, the issuance of a security clearance, the reporting of an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or other benefit, to the extent that the information is relevant and necessary to the requesting agency's decision on the matter. The Department must deem such disclosure to be compatible with the purpose for which the Department collected the information. 8. A record from this system of records may be disclosed to a member of Congress submitting a request involving the constituent when the constituent has requested assistance from the member with respect to the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 9. A record from this system of records may be disclosed to foreign governments or international organizations in accordance with treaties, international conventions, or executive agreements. 10. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 11. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper records, microfilm, and electronic media. RETRIEVABILITY: Records may be retrieved by individual telephone extension number. SAFEGUARDS: Paper and microfilm records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: *Headquarters:* Director, Office of Information Management, U.S. Department of Energy, 19901 Germantown Road, Germantown, MD 20874. *Field Offices:* The Managers and Directors of the “System Locations” listed above are the system managers for their respective locations. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by the Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at location where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: Categories include telephone assignment records; call detail listings; results of administrative inquiries relating to assignment of responsibility for placement of special local and long-distance calls. SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-77 SYSTEM NAME: Physical Fitness Test Records. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, Headquarters, 19901 Germantown Road, Germantown, MD 20874-1290 U.S. Department of Energy, NNSA Service Center Albuquerque, P.O. Box 5400, Albuquerque, NM 87185-5400 U.S. Department of Energy, Bonneville Power Administration, P.O. Box 3621, Portland, OR 97208 U.S. Department of Energy, Chicago Office, 9800 South Cass Avenue, Argonne, IL 60439 U.S. Department of Energy, Idaho Operations Office, 785 DOE Place, Idaho Falls, ID 83402 U.S. Department of Energy, National Energy Technology Laboratory (Morgantown), P.O. Box 880, Morgantown, WV 26505 U.S. Department of Energy, National Energy Technology Laboratory (Pittsburgh), P.O. Box 10940, Pittsburgh, PA 15122 U.S. Department of Energy, NNSA Nevada Site Office, P.O. Box 98518, Las Vegas, NV 89193-8518 U.S. Department of Energy, Oak Ridge Office, P.O. Box 2001, Oak Ridge, TN 37831-8501 U.S. Department of Energy, Pittsburgh Naval Reactors, P.O. Box 109, Pittsburgh, PA 15122 U.S. Department of Energy, Office of Repository Development, P.O. Box 364629, North Las Vegas, NV 89036-8629 U.S. Department of Energy, Richland Operations Office, P.O. Box 550, Richland, WA 99352 U.S. Department of Energy, Savannah River Operations Office, P.O. Box A, Aiken, SC 29801 U.S. Department of Energy, Schenectady Naval Reactors Office, P.O. Box 1069, Schenectady, NY 12301 U.S. Department of Energy, Southeastern Power Administration, 1166 Athens Tech Road, Elberton, GA 30635-4578 U.S. Department of Energy, Southwestern Power Administration, Williams Tower One, One West Third Street, Tulsa, OK 74103 U.S. Department of Energy, Western Area Power Administration, P.O. Box 3402, Golden, CO 80401 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: DOE contractor employees (armed uniformed guards). CATEGORIES OF RECORDS IN THE SYSTEM: Record of individual's ability to complete the physical fitness test as set forth in applicable DOE directives. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.* and 50 U.S.C. 2401 *et seq.* PURPOSE(S): The records are maintained and used by the Department to record physical fitness tests of Department of Energy
(DOE)Federal and contractor employees. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from this system may be disclosed as a routine use for the purpose of an investigation, settlement of claims, or the preparation and conduct of litigation to
(1)a person representing the Department in the investigation, settlement or litigation, and to individuals assisting in such representation;
(2)others involved in the investigation, settlement, and litigation, and their representatives and individuals assisting those representatives;
(3)witness, potential witness, or their representatives and assistants, and any other person who possesses information pertaining to the matter, when it is necessary to obtain information or testimony relevant to the matter. 2. A record from this system may be disclosed as a routine use in court or administrative proceedings to the tribunals, counsel, other parties, witnesses, and the public (in publicly available pleadings, filings or discussion in open court) when such disclosure:
(1)Is relevant to, and necessary for, the proceeding;
(2)is compatible with the purpose for which the Department collected the records; and
(3)the proceedings involve:
(a)The Department, its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, or
(b)A current or former employee of the Department and its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, who is acting in an official capacity, or in any individual capacity where the Department or other United States Government agency has agreed to represent the employee. 3. A record from the system may be disclosed as a routine use to a federal, state, or local agency to obtain information relevant to a Departmental decision concerning the hiring or retention of an employee, the issuance of a security clearance, the letting of a contract, or the issuance of a license, grant, or other benefit. The Department must deem such disclosure to be compatible with the purpose for which the Department collected the information. 4. A record from this system of records may be disclosed to a federal agency to facilitate the requesting agency's decision concerning the hiring or retention of an employee, the issuance of a security clearance, the reporting of an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or other benefit, to the extent that the information is relevant and necessary to the requesting agency's decision on the matter. The Department must deem such disclosure to be compatible with the purpose for which the Department collected the information. 5. A record from the system may be disclosed as a routine use to the appropriate local, state or federal agency when records alone or in conjunction with other 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 pursuant thereto. 6. A record from this system of records may be disclosed to a member of Congress submitting a request involving the constituent when the constituent has requested assistance from the member with respect to the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 7. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 8. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper records and electronic media. RETRIEVABILITY: Records may be retrieved by name. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: *Headquarters:* Director, Office of Security Operations, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585. *Field Offices:* The Managers and Directors of the “System Locations” listed above are the system managers for their respective portions. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the Director, Headquarters Freedom of Information Act and Privacy Act Group, U.S. Department of Energy, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by the Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at location where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. RECORD SOURCE CATEGORIES: The subject individual, physicians, and persons administering the tests. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-81 SYSTEM NAME: Counterintelligence Administrative and Analytical Records and Reports. SECURITY CLASSIFICATION: Classified and unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, Headquarters, Office of Counterintelligence, 1000 Independence Avenue, SW., Washington, DC 20585 U.S. Department of Energy, NNSA Service Center Albuquerque, P.O. Box 5400, Albuquerque, NM 87185-5400; U.S. Department of Energy, Chicago Office, 9800 Cass Ave., Argonne, IL 60439 U.S. Department of Energy, Environmental Management Consolidated Business Center (EMCBC), 250 E. Fifth Street, Suite 500, Cincinnati, OH 45202 U.S. Department of Energy, Idaho Operations Office, 850 Energy Drive, Idaho Falls, ID 83401 U.S. Department of Energy, Livermore Site Office, P.O. Box 808, L-062, Livermore, CA 94551 U.S. Department of Energy, Lockheed Martin Idaho Technology, P.O. Box 1625, M/S 2800, Idaho Falls, ID 83415-2800 U.S. Department of Energy, Los Alamos National Laboratory, Mail Station 5000, P.O. Box 1663, Los Alamos, NM 87545 U.S. Department of Energy, Martin Lockheed Energy Systems, P.O. Box 2009, Oak Ridge, TN 37831-8107 U.S. Department of Energy, Pantex Plant, Bldg 11-54, P.O. Box 30020, Amarillo, TX 79177 U.S. Department of Energy, Oak Ridge Office, P.O. Box E, Oak Ridge, TN 37830 U.S. Department of Energy, Pacific Northwest Laboratory, 902 Battelle Blvd., P.O. Box 999, Richland, WA 99352 U.S. Department of Energy, Richland Operations Office, P.O. Box 550, Richland, WA 99352 U.S. Department of Energy, Savannah River Operations Office, P.O. Box A, Aiken, SC 29801 U.S. Department of Energy, Sandia National Laboratory, P.O. Box 969, M/S 9020, Livermore, CA 94551-0969 U.S. Department of Energy, Sandia National Laboratory, Org 7400, P.O. Box 5800, M/S 0173, Albuquerque, NM 87185 U.S. Department of Energy, Westinghouse Hanford Co., P.O. Box 1970, Richland, WA 99352 U.S. Department of Energy, Worldwide Security Service Ltd., Rocky Flats Environmental Technology Site, P.O. Box 464, T893B, Golden, CO 80402-0464 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Current and former Department of Energy
(DOE)employees including employees of the National Nuclear Security Administration (NNSA), contractor employees, and consultants; persons suspected of violating DOE regulations or laws; and, where there are indications of contact with a current or former DOE employee, contractor employee or consultant, persons who are reasonably believed to be officers or employees of, or otherwise acting for or on behalf of, a foreign power; members of an organization reasonably believed to be owned or controlled directly or indirectly by a foreign power; reasonably believed to be targets, hostages, or victims of international terrorist organizations; or reasonably believed to be engaged in or about to engage in clandestine intelligence activities, sabotage, assassinations, or international terrorist activities involving DOE programs, personnel, facilities, information or materials. CATEGORIES OF RECORDS IN THE SYSTEM: Analytical, training and investigative records, reports and files; travel reports; reports on foreign contacts; records, reports and files received from other DOE elements and other Federal agencies. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.* ; 50 U.S.C. 2401 *et seq.* ; Federal Personnel Manual, Chapters 731 and 736. PURPOSE(S): The information is maintained and used by the Department in furtherance of the responsibilities of the Office of Counterintelligence (OCI), which include analysis of the foreign intelligence threat; conducting administrative inquiries and investigations to identify and neutralize the foreign intelligence threat to classified and sensitive DOE programs, personnel, information and activities; reporting on foreign contacts and travel, including briefings and debriefings; conducting counterintelligence investigations and producing intelligence on hostile and foreign intelligence entities; counterintelligence related training; and other activities relating to OCI's responsibilities. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from this system may be disclosed as a routine use to the Federal Bureau of Investigation when such records indicate a violation or probable violation of the law. 2. A record from this system may be disclosed as a routine use to other counterintelligence agency components with whom the Office of Counterintelligence is preparing joint analysis of counterintelligence-related threats which may impact the Department. 3. A record from this system may be disclosed as a routine use for the purpose of an investigation, settlement of claims, or the preparation and conduct of litigation to
(1)a person representing the Department in the investigation, settlement or litigation, and to individuals assisting in such representation;
(2)others involved in the investigation, settlement, and litigation, and their representatives and individuals assisting those representatives;
(3)witness, potential witness, or their representatives and assistants, and any other person who possesses information pertaining to the matter, when it is necessary to obtain information or testimony relevant to the matter. 4. A record from this system may be disclosed as a routine use in court or administrative proceedings to the tribunals, counsel, other parties, witnesses, and the public (in publicly available pleadings, filings or discussion in open court) when such disclosure:
(1)Is relevant to, and necessary for, the proceeding;
(2)is compatible with the purpose for which the Department collected the records; and
(3)the proceedings involve:
(a)The Department, its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, or
(b)A current or former employee of the Department and its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, who is acting in an official capacity, or in any individual capacity where the Department or other United States Government agency has agreed to represent the employee. 5. A record from the system may be disclosed as a routine use to a federal, state, or local agency to obtain information relevant to a Departmental decision concerning the hiring or retention of an employee, the issuance of a security clearance, the letting of a contract, or the issuance of a license, grant, or other benefit. The Department must deem such disclosure to be compatible with the purpose for which the Department collected the information. 6. A record from this system of records may be disclosed to a federal agency to facilitate the requesting agency's decision concerning the hiring or retention of an employee, the issuance of a security clearance, the reporting of an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or other benefit, to the extent that the information is relevant and necessary to the requesting agency's decision on the matter. The Department must deem such disclosure to be compatible with the purpose for which the Department collected the information. 7. A record from the system may be disclosed as a routine use to the appropriate local, state or federal agency when records alone or in conjunction with other 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 pursuant thereto. 8. A record from this system of records may be disclosed to a member of Congress submitting a request involving the constituent when the constituent has requested assistance from the member with respect to the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 9. A record from this system of records may be disclosed to foreign governments or international organization in accordance with treaties, international conventions, or executive agreements. 10. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 11. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper records and electronic media. RETRIEVABILITY: Records may be retrieved by name, social security number or other personal identifying data. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: *Headquarters:* Director, Office of Counterintelligence, Analytical Division, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585. *Field Offices:* The Managers and Directors of the “System Locations” listed above are the system managers for their respective portions. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by the Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that office or facility. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at location where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. RECORD SOURCE CATEGORIES: The subject individual; present and former DOE employees and contractor employees; publicly available material; other agencies within the Intelligence Community; other offices and elements within DOE; the FBI, and other Federal, State and local law enforcement agencies; sources contacted during administrative inquiries and investigations; and official records. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: This system is exempt under (k)(1), (k)(2), and (k)(5) of the Privacy Act to the extent that information within the system meets the criteria of those subsections of the Act. Such information has been exempted from the provisions of subsections (c)(3), and (4), (d), and (e)(1) (e)(4)(G) and
(H)and
(f)of the Act; See the DOE Privacy Act regulation at Title10, Code of Federal Regulations, Part 1008. DOE-82 SYSTEM NAME: Grant and Contract Records for Research Projects, Science Education, and Related Activities. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
(1)Applicant/Grantee organization; Principal Investigator, i.e., the scientist or other individual designated by the applicant or proposer to direct the project; Senior Personnel, i.e., scientists or other individuals designated by the applicant or proposer to perform work on the project; Certifying Representative, i.e., the business representative having the authority to accept the obligation to comply with Department of Energy
(DOE)including the National Nuclear Security Administration terms and conditions if DOE makes a grant or contract award.
(2)DOE officials DOE Project Officer, i.e., the individual who is responsible for the review and evaluation of the application or proposal and the monitoring of a resulting grant or contract; DOE Program Official, i.e., the individual who is responsible for review and approval of applications or proposals for funding; DOE Budget Official, i.e., the individual who is responsible for certifying funds availability for approved applications or proposals; DOE Contracting Officer or Contract Specialist, i.e., individuals who are responsible for awarding and administering grants or contracts.
(3)Merit/Peer Reviewer, i.e., the individual (Federal or non-Federal) who provides a written review or evaluation of the application or proposal to the DOE Project Officer. CATEGORIES OF RECORDS IN THE SYSTEM: Grant applications, contract proposals, technical reviews by peer reviewer, records of grant and contract awards, financial data, social security number, and any other pertinent information needed for the tracking or approval of a grant or contract. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.* and 50 U.S.C. 2401 *et seq.* PURPOSE(S): The information is maintained and used by the Department to track and monitor the receipt, review, and disposition of grant applications and contract proposals from universities, non-profit organizations, large and small businesses, other Federal agencies, State and local governments, individuals, and DOE national laboratories seeking Federal financial support for research projects, training, and related activities. The system also tracks and monitors funding authorizations and associated financial data. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from this system may be disclosed as a routine use to expert peer reviewers selected by DOE for their expertise in specific research areas to evaluate the application or proposal in accordance with established evaluation criteria. 2. A record from this system of records may be disclosed to a member of Congress submitting a request involving the constituent when the constituent has requested assistance from the member with respect to the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 3. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 4. A record from this system may be disclosed as a routine use to an applicant's principal investigator, sponsored programs office, business office, or similar element, via electronic media for the purpose of checking the status of its grant applications or contract proposals which have been submitted to DOE for support. Safeguards will be employed on a case by case basis to allow access only to authorized persons having a need to know. 5. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper records and electronic media. RETRIEVABILITY: Records may be retrieved by application or proposal number, project number, award number, name of applicant or awardee, name of principal investigator, social security number, name of peer reviewer, DOE project officer, or budget and reporting classification code. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: Director, Grants and Contracts Division, Office of Resource Management, Office of Science, U.S. Department of Energy, Washington, DC 20585 NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by the Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that office or facility. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures. RECORD SOURCE CATEGORIES: Grant applications and contract proposals. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-83 SYSTEM NAME: Allegation-Based Inspection Files of the Office of Inspector General. SECURITY CLASSIFICATION: Unclassified and classified. SYSTEM LOCATION(S): U.S. Department of Energy, Office of Inspector General, Headquarters, 1000 Independence Avenue, SW., Washington, DC 20585 U.S. Department of Energy, Office of Inspector General, P.O. Box 5400, Albuquerque, NM 87185-5400 U.S. Department of Energy, Office of Inspector General, Building 703-41A, Aiken, SC 29802 U.S. Department of Energy, Office of Inspector General, P.O. Box 2254, Livermore, CA 94551 U.S. Department of Energy, Office of Inspector General, P.O. Box 2001, Room 502, Oak Ridge, TN 37831 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Individuals who are the subjects of inspections or inquiries concerning allegations or complaints, individuals who have pertinent knowledge about the inspection or inquiry including DOE employees and National Nuclear Security Administration employees, individuals authorized to furnish information, confidential informants, complainants, Office of Inspector General inspections personnel, and other individuals involved in these inspections. CATEGORIES OF RECORDS IN THE SYSTEM: Inspection files predicated on allegations or complaints and which identify subjects or sources of information by name. Inspections performed relate to sensitive allegations of wrongdoing received concerning certain individuals, including agency employees, or other persons or entities with some relationship to the agency. Allegations include, but are not limited to, abuse of authority; misuse of government time, property, or position; conflicts of interest; whistleblower reprisal; or other non-criminal violations of law, rules, or regulations. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.* ; 50 U.S.C. 2401 *et seq.* ; The Inspector General Act of 1978, as amended, 5 U.S.C. App. 3. PURPOSE(S): The records are maintained and used by the Department in furtherance of the responsibilities of the Inspector General. These responsibilities include evaluating the effectiveness and efficiency of an operation, determining compliance with laws and regulations, evaluating Departmental program operations and results, preventing and detecting fraud and abuse in such programs and operations, and assuring the investigation of complaints by contractor employees alleging retaliation for making disclosures protected under 10 CFR Part 708 and 41 U.S.C. 265. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES: 1. A record from this system may be disclosed as a routine use for the purpose of an investigation, settlement of claims, or the preparation and conduct of litigation to
(1)a person representing the Department in the investigation, settlement or litigation, and to individuals assisting in such representation;
(2)others involved in the investigation, settlement, and litigation, and their representatives and individuals assisting those representatives;
(3)witness, potential witness, or their representatives and assistants, and any other person who possesses information pertaining to the matter, when it is necessary to obtain information or testimony relevant to the matter. 2. A record from this system may be disclosed as a routine use in court or administrative proceedings to the tribunals, counsel, other parties, witnesses, and the public (in publicly available pleadings, filings or discussion in open court) when such disclosure:
(1)Is relevant to, and necessary for, the proceeding;
(2)is compatible with the purpose for which the Department collected the records; and
(3)the proceedings involve:
(a)The Department, its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, or
(b)A current or former employee of the Department and its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, who is acting in an official capacity, or in any individual capacity where the Department or other United States Government agency has agreed to represent the employee. 3. A record from the system may be disclosed as a routine use to a federal, state, or local agency to obtain information relevant to a Departmental decision concerning the hiring or retention of an employee, the issuance of a security clearance, the letting of a contract, or the issuance of a license, grant, or other benefit. The Department must deem such disclosure to be compatible with the purpose for which the Department collected the information. 4. A record from this system of records may be disclosed to a federal agency to facilitate the requesting agency's decision concerning the hiring or retention of an employee, the issuance of a security clearance, the reporting of an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or other benefit, to the extent that the information is relevant and necessary to the requesting agency's decision on the matter. The Department must deem such disclosure to be compatible with the purpose for which the Department collected the information. 5. A record from the system may be disclosed as a routine use to the appropriate local, state or federal agency when records alone or in conjunction with other 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 pursuant thereto. 6. A record from this system of records may be disclosed to a member of Congress submitting a request involving the constituent when the constituent has requested assistance from the member with respect to the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 7. A record from this system of records may be disclosed to foreign governments or international organizations in accordance with treaties, international conventions, or executive agreements. 8. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 9. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper, microfilm, and electronic media. RETRIEVABILITY: Records may be retrieved by name of individual involved, case number, report title, or subject matter. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: Deputy Inspector General for Inspections, U.S. Department of Energy, Room 5B-250, 1000 Independence Avenue, SW., Washington, DC 20585. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by the Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at the location where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: Subject individuals; individuals and organizations that have pertinent knowledge about a subject individual or corporate entity; those authorized by an individual to furnish information; confidential informants; and Federal Bureau of Investigation
(FBI)and other Federal, State, and local entities. SYSTEM EXEMPTED FROM CERTAIN PROVISION OF THE ACT: This system is exempt under (k)(1) and (k)(2) of the Privacy Act to the extent that information within the System meets the criteria of those subsections of the Act. Such information has been exempted from the provisions of subsections (c)(3), (d), and (e)(1), (e)(4)
(G)and
(H)and
(f)of the Act; See the DOE Privacy Act regulation at Title10, Code of Federal Regulations, Part 1008. DOE-84 SYSTEM NAME: Counterintelligence Investigative Records. SECURITY CLASSIFICATION: Classified and unclassified. SYSTEM LOCATION(S): Records maintained in DOE-84, except those pertaining to polygraph examinations and the analysis of electronic communications, will be stored at the following locations: U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585 U.S. Department of Energy, NNSA Service Center Albuquerque, P.O. 5400, Albuquerque, NM 87185-5400 U.S. Department of Energy, Chicago Office, 9800 South Cass Avenue, Argonne, IL 60439 U.S. Department of Energy, Idaho Operations Office, 850 Energy Drive, Idaho Falls, ID 83403 U.S. Department of Energy, Livermore Site Office, 7000 East Avenue, P.O. Box 808, Livermore, CA 94551 U.S. Department of Energy, Lockheed Idaho Technical Center, 765 Lindsay Boulevard, Idaho Falls, ID 83403 U.S. Department of Energy, Los Alamos Site Office, M/S B-236, P.O. Box 1663, Los Alamos, NM 87545 U.S. Department of Energy, NNSA Nevada Site Office, P.O. Box 98518, Las Vegas, NV 89193-8518 U.S. Department of Energy, Oak Ridge Office, P.O. Box 2001, Oak Ridge, TN 37831 U.S. Department of Energy, Pacific Northwest National Laboratory, 902 Battelle Blvd., P.O. Box 999, Richland, WA 99352 U.S. Department of Energy, Richland Operations Office, P.O. Box 550, Richland, WA 99352 U.S. Department of Energy, Rocky Flats, Field Office, P.O. Box 928, Golden, CO 80402 U.S. Department of Energy, Rocky Flats, World Wide Security Services, Ltd, P.O. Box 40, Broomfield, CO 80038 U.S. Department of Energy, Sandia National Laboratory—Albuquerque, P.O. Box 5400, Albuquerque, NM 87185-5800 U.S. Department of Energy, Sandia National Laboratory—California, P.O. Box 969, Livermore, CA 94551 U.S. Department of Energy, Savannah River Operations Office, P.O. Box A, Aiken, SC 29801 U.S. Department of Energy, Savannah River, Westinghouse Savannah River Company, Bldg. 703-45A, Aiken, SC 29808 Records maintained in DOE-84 in connection with DOE administered counterintelligence-scope polygraph examinations, will be maintained only at the following locations: U.S. Department of Energy, Headquarters, 1000 Independence Avenue, SW, Washington, DC 20585 U.S. Department of Energy, DOE Test Center, Albuquerque, NM 87106 Records maintained in DOE-84 in connection with the DOE electronic communications analysis will be maintained only at the following locations: U.S. Department of Energy, Headquarters, 1000 Independence Avenue, SW, Washington, DC 20585 U.S. Department of Energy, Idaho National Laboratory, 2525 N. Freemont Avenue, Idaho Falls, ID 83415 U.S. Department of Energy, Pacific Northwest National Laboratory, 902 Battelle Blvd., P.O. Box 999, Richland, WA 99352 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Current and former DOE employees including employees of the National Nuclear Security Administration
(NNSA)and contractor employees; applicants for employment at DOE; individuals who may be assigned or detailed to Federal positions at DOE; consultants to DOE; any user of electronic communications systems at the DOE facilities; persons suspected of violating DOE regulations or criminal laws; individuals who voluntarily request a polygraph examination in order to respond to questions that have arisen in the context of a counterintelligence investigation; and those individuals who are
(a)reasonably believed to be officers or employees of, or otherwise acting for or on behalf of, a foreign power;
(b)members of an organization reasonably believed to be owned or controlled directly or indirectly by a foreign power;
(c)reasonably believed to be targets, hostages, or victims of international terrorist organizations; or
(d)reasonably believed to be engaged or about to engage in clandestine intelligence activities, sabotage, assassinations, or international terrorist activities involving DOE programs, personnel, facilities, information, or materials and have made personal or impersonal contact with a current or former DOE employee, contractor employee or consultant. CATEGORIES OF RECORDS IN THE SYSTEM: Law enforcement records, reports and files; reports on foreign contacts; records, reports and files received from other DOE elements and other Federal agencies related to intelligence activities; counterintelligence evaluation records; polygraph examination records; reports and videotapes of the polygraph session; and electronic mail stored on electronic media. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.* ; 50 U.S.C. 2401 *et seq.* ; The Atomic Energy Act of 1954, as amended; National Defense Authorization Act of Fiscal Year 2000 Public Law 106-65; the Employee Polygraph Protection Act, Public Law 100-347; 29 U.S.C. 2006 (b)(1)(B); the Electronic Communications Privacy Act, Public Law 99-508, 18 U.S.C. 2510 *et seq.* ; Executive Order 12333, United States Intelligence Activities (December 4, 1981); Department of Energy Procedures for Intelligence Activities, approved by the Attorney General under Executive Order 12333 (October 19, 1992); Executive Order 12958, Classified National Security Information (April 17, 1995); Executive Order 12968, Access to Classified Information (August 2, 1995); and Presidential Decision Directive-61. PURPOSE(S): The information is maintained and used by the Department to conduct counterintelligence investigations. The records in this system also will be used by the Office of Intelligence and Counterintelligence when participating in joint law enforcement counterintelligence-related investigations with the FBI or other Federal law enforcement agencies or components thereof in order to detect and prevent foreign intelligence threats directed at or involving DOE classified and sensitive information, materials, programs, facilities, personnel, and other Department resources. Finally, the records in this system are collected and maintained by the Office of Counterintelligence in order to fulfill its statutory responsibilities under Section 3154 of the National Defense Authorization Act for Fiscal Year 2000. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES: 1. A record from this system may be disclosed as a routine use to an appropriate Federal, State, local or foreign agency when a record within this system of records, alone or in conjunction with other information, indicates a violation or potential violation of law whether civil, criminal, or regulatory in nature, and whether arising by general statute of particular program pursuant thereto. 2. A record from this system of record may be disclosed, as a routine use, to a federal, state or local agency that maintains relevant information to obtain information relevant to a Department decision concerning the hiring or retention of an employee, the issuance of a security clearance, the letting of a contract, or the issuance of a license, grant, or other benefit. The Department must deem such disclosure to be compatible with the purpose for which the Department collected the information. 3. A record from this system may be disclosed to a federal agency to facilitate the requesting agency's decision concerning the hiring or retention of an employee, the issuance of a security clearance, the reporting of an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or other benefit, to the extent that the information is relevant and necessary to the requesting agency's decision on the matter. The Department must deem such disclosure to be compatible with the purpose for which the Department collected the information. 4. A record from this system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. The contractor and its officers receiving information under this routine use are subject to the same limitations applicable to DOE officers and employees under the Privacy Act. 5. A record from this system of records may be disclosed to a member of Congress submitting a request involving the constituent when the constituent has requested assistance from the member with respect to the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 6. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper records, electronic media, and videotapes. RETRIEVABILITY: Records may be retrieved by name, e-mail address, and/or social security number. SAFEGUARDS: Paper records and videotapes are maintained in locked cabinets. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), secured for classified information and are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: Director, Office of Counterintelligence, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585. *Field Offices:* The Managers of the “System Locations” listed above are the system managers for their respective portions of this system. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by the Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures above. RECORD SOURCE CATEGORIES: The subject individual, present and former DOE employees and DOE contractor employees, applicants for employment, individuals assigned or detailed to Federal positions at DOE, and consultants; any user of a DOE electronic communications system; publicly available material; other agencies within the Intelligence Community; other offices within the DOE; the FBI, and other Federal, State and local law enforcement agencies; and sources contacted during investigations. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: This system is exempt pursuant to subsections (j)(2) and (k)(1),
(2)and
(5)of the Privacy Act, 5 U.S.C. 552a, to the extent that information within the system meets the requirements of those subsections of the Act. Under subsection (j)(2) of the Privacy Act, this system has been exempted from subsections (c)(3) and (4), (d), (e)(1), (2), and (3), (e)(4)(G) and (H), (e)(8),
(f)and
(g)of 5 U.S.C. 552a. See DOE the Privacy Act Regulation at 10 CFR Part 1008.12. To the extent the information in this system of records is exempt pursuant to 5 U.S.C. 552a(k)(1),
(2)and (5), the system has been further exempted from subsections (c)(3), (d), (e)(1), (e)(4)(G) and
(H)and
(f)of 5 U.S.C. 552a under the Privacy Act of 1974. See the DOE Privacy Act Regulation at 10 CFR Part 1008.12(b). DOE-86 SYSTEM NAME: Human Radiation Experiments Records. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, Office of Human Radiation Experiments, 1000 Independence Avenue, SW., Washington, DC 20585 U.S. Department of Energy, Coordination and Information Center, 3084 S. Highland St., Las Vegas, NV 89109 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Persons who participated in the organizing, conducting, and financing of the Human Radiation Experiments and environmental releases of radiation described in Executive Order 12891, 59 FR 2935 (January 20, 1994). Records are also maintained on persons who were subjects of the experiments or were affected by the releases. Generally, the records pertain to persons in the following categories:
(1)Former and current employees of the DOE, including the National Nuclear Security Administration, its predecessor agencies and their contractors and subcontractors;
(2)members of the public;
(3)persons exposed to radiation as a result of proximity to nuclear facilities or the intentional or accidental release of radiation. CATEGORIES OF RECORDS IN THE SYSTEM: Records pertaining to the planning, organizing, financing, conducting, effects and results of experiments and environmental releases, gathered from DOE, its predecessor agencies and their contractors and subcontractors. Such records include correspondence, memoranda, published and unpublished reports, notes, logs, proposals, contracts, minutes of meetings of the Atomic Energy Commission and its advisory committees and subcommittees dealing with radiation, correspondence with members of the public, transcripts of interviews of persons associated with the organizing, financing and conducting of the experiments, reports of Congressional hearings, personal notes, diaries and papers, archival collections, interagency memoranda and agreements, consent forms, medical and laboratory reports, transcripts of medical conferences, and newspaper and magazine articles. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.* ; 50 U.S.C. 2401 *et seq.* ; 42 U.S.C. 7151; 42 U.S.C. 2201 and 42 U.S.C. 5813 and 5817. PURPOSE(S): The purpose of this system of records is to assist members of the public in piecing together their own (or immediate family) history of possible involvement in government-sponsored radiation experiments. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from this system may be disclosed as a routine use to the Advisory Committee on Human Radiation Experiments to perform its assigned task of evaluating the scientific and ethical aspects of the Human Radiation Experiments and environmental releases. A record from this system of records may be disclosed to that Committee to provide it with information concerning experiments or releases of radiation that were sponsored, financed or conducted by DOE, its predecessors, or other Federal agencies, and their contractors and subcontractors. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 2. A record from this system may be disclosed as a routine use pertaining to another federal agency if it appears from the record, or other available information, that the other federal agency conducted the Human Radiation Experiment or environmental release or that referral to the other Federal agency is appropriate for remedial purposes. 3. A record from this system may be disclosed as a routine use to DOE contractors and subcontractors conducting epidemiological, industrial safety or hygiene studies to ascertain or determine:
(a)How radiation exposure effects the health and well being of individuals or groups of individuals; and
(b)the risks of working with, or being in proximity to, nuclear equipment, devices and facilities and how such risks may be ameliorated. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 4. A record from this system may be disclosed as a routine use to the Centers for Disease Control and Prevention, other Federal and State health agencies, and federal and state agencies involved with industrial or employee safety to be used for epidemiological or industrial safety or hygiene studies to ascertain or determine:
(a)How radiation exposure effects the health and well being of individuals or groups of individuals; and
(b)the risks of working with, or being in proximity to, nuclear equipment, devices and facilities, and how such risks may be ameliorated. 5. A record from this system may be disclosed as a routine use for the purpose of an investigation, settlement of claims, or the preparation and conduct of litigation to
(1)a person representing the Department in the investigation, settlement or litigation, and to individuals assisting in such representation;
(2)others involved in the investigation, settlement, and litigation, and their representatives and individuals assisting those representatives;
(3)witness, potential witness, or their representatives and assistants, and any other person who possesses information pertaining to the matter, when it is necessary to obtain information or testimony relevant to the matter. 6. A record from this system may be disclosed as a routine use in court or administrative proceedings to the tribunals, counsel, other parties, witnesses, and the public (in publicly available pleadings, filings or discussion in open court) when such disclosure:
(1)Is relevant to, and necessary for, the proceeding;
(2)is compatible with the purpose for which the Department collected the records; and
(3)the proceedings involve:
(a)The Department, its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, or
(b)A current or former employee of the Department and its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, who is acting in an official capacity, or in any individual capacity where the Department or other United States Government agency has agreed to represent the employee. 7. A record from the system may be disclosed as a routine use to a federal, state, or local agency to obtain information relevant to a Departmental decision concerning the hiring or retention of an employee, the issuance of a security clearance, the letting of a contract, or the issuance of a license, grant, or other benefit. The Department must deem such disclosure to be compatible with the purpose for which the Department collected the information. 8. A record from this system of records may be disclosed to a federal agency to facilitate the requesting agency's decision concerning the hiring or retention of an employee, the issuance of a security clearance, the reporting of an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or other benefit, to the extent that the information is relevant and necessary to the requesting agency's decision on the matter. The Department must deem such disclosure to be compatible with the purpose for which the Department collected the information. 9. A record from the system may be disclosed as a routine use to the appropriate local, state or federal agency when records alone or in conjunction with other 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 pursuant thereto. 10. A record from this system of records may be disclosed to a member of Congress submitting a request involving the constituent when the constituent has requested assistance from the member with respect to the subject matter of the record. The member of Congress must provide a copy of the constituent's request for assistance. 11. A record from the system may be disclosed as a routine use to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 12. A record from this system of records may be disclosed to officials and contractor personnel of the Agency for Toxic Substances and Disease Registry in carrying out that agency's authorized activities at DOE's facilities pursuant to Section 104(I) of the Comprehensive Environmental Response, Compensation, and Liability Act. 13. A record from this system may be disclosed as a routine use to the personnel, contractors, grantees, and cooperative agreement holders of the Department of Labor, the Department of Health and Human Services, the Department of Justice, and other Federal agencies and their components, designated by the President to implement the Federal compensation program established by the Energy Employees Occupational Illness Compensation Program Act, for the purpose of assisting in the adjudication or processing of a claim under that Act. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 14. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as paper records and electronic media. RETRIEVABILITY: The records may be retrieved by name or other personal identifier as dictated by the needs of the particular researcher. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: U.S. Department of Energy, Director, Office of Human Radiation Experiments, 1000 Independence Avenue, SW., Washington, DC 20585 NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by the Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at locations where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures. RECORD SOURCE CATEGORIES: Persons conducting or otherwise having a role in the organization and financing of experiments or releases, present and former DOE and predecessor agency contractors and subcontractors, physicians, medical records, dosimetry records, subject individuals, DOE and its predecessor agency officials and operating offices. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. DOE-88 SYSTEM NAME: Epidemiologic and Other Health Studies, Surveys, and Surveillances. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION(S): U.S. Department of Energy, Office of Health, Safety and Security, Office of Health and Safety, Germantown, MD 20874-1290. Portions also may be located with contractors, other entities involved in conducting or managing health studies, surveys, and surveillances, or other Department offices listed below: U.S. Department of Energy, NNSA Service Center Albuquerque, P. O. Box 5400, Albuquerque, NM 87185-5400 U.S. Department of Energy, Bonneville Power Administration, P. O. Box 3621, Portland, OR 97208 U.S. Department of Energy, Chicago Office, 9800 South Cass Avenue, Argonne, IL 60439 U.S. Department of Energy, Golden Field Office, 1617 Cole Boulevard, Golden, CO 80401 U.S. Department of Energy, Grand Junction Office, 2597 B 3/4 Road, Grand Junction, CO 81503 U.S. Department of Energy, Headquarters, 1000 Independence Avenue, SW., Washington, DC 20585 U.S. Department of Energy, Environmental Management Consolidated Business Center (EMCBC), 250 E. Fifth Street, Suite 500, Cincinnati, OH 45202 U.S. Department of Energy, Idaho Operations Office, 850 Energy Drive, Idaho Falls, ID 83401 U.S. Department of Energy, National Energy Technology Laboratory (Morgantown), 3610 Collins Ferry Road, Morgantown, WV 26507-0880 U.S. Department of Energy, National Energy Technology Laboratory (Pittsburgh), P. O. Box 10940, Pittsburgh, PA 15236-0940 U.S. Department of Energy, NNSA Nevada Site Office, P.O. Box 98518, Las Vegas, NV 89193-8518 U.S. Department of Energy, Oak Ridge Office, P. O. Box 2001, Oak Ridge, TN 37831 U.S. Department of Energy, Pacific Northwest National Laboratory, 902 Battelle Boulevard, P.O. Box 999, Richland, WA 99352 U.S. Department of Energy, Pittsburgh Naval Reactors, P. O. Box 109, West Mifflin, PA 15122-0109 U.S. Department of Energy, Richland Operations Office, 825 Jadwin Avenue, P. O. Box 550, Richland, WA 99352 U.S. Department of Energy, Office of Repository Development, P.O. Box 364629, North Las Vegas, NV 89036-8629 U.S. Department of Energy, Savannah River Operations Office, P. O. Box A, Aiken, SC 29801 U.S. Department of Energy, Schenectady Naval Reactors Office, P. O. Box 1069, Schenectady, NY 12301 U.S. Department of Energy, Southeastern Power Administration, 1166 Athens Tech Road, Elberton, GA 30635-4578 U.S. Department of Energy, Southwestern Power Administration, Williams Tower One, One West Third Street, Tulsa, OK 74103 U.S. Department of Energy, Strategic Petroleum Reserve Project Office, 900 Commerce Road East New Orleans, LA 70123 U.S. Department of Energy, Western Area Power Administration, P. O. Box 3402, Golden, CO 80401 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Data about individuals who were included in any authorized epidemiologic or other health study, survey, or surveillance. Such persons include current and former employees of the Department, including the National Nuclear Security Administration, its predecessor agencies, and their contractors and subcontractors, as well as other individuals included in health studies, surveys, and surveillances pertaining to any potential health hazard (including electromagnetic fields) associated with energy production, transmission, or use. Accordingly, persons having access, or in proximity, to the Department's facilities, persons involved in or effected by energy production activities, and members of the general population selected as control groups also may be included. CATEGORIES OF RECORDS IN THE SYSTEM: Specific types of records collected and maintained are determined by the needs of the individual study, survey, or surveillance. Examples include, but are not limited to, questionnaires, demographic information, work history, medical and reproductive history, birth data, radiation and other exposure history, laboratory test results, data from prior studies, surveys, and surveillances, alcohol and tobacco use history, and illness absence information. Information may be collected directly from individuals, as well as extracted as necessary from personnel files and lists, training files, medical records, legal case files, bioassay records, industrial hygiene files, payroll and leave records, radiation and other hazard exposure records, occupational and industrial accident records, employee insurance claims, personnel security clearance questionnaires, personnel assurance program records, and related sources. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.C. 7101 *et seq.* ; 50 U.S.C. 2401 *et seq.* ; 42 U.S.C. 7151 and 7297; 42 U.S.C. 2201(c), 2201(I)(3), 5813 and 5817 PURPOSE(S): The information is maintained and used by the Department to conduct epidemiological and other health studies, surveys and surveillances, conducted by the Department and the Department of Health and Human Services performing studies for the Department, their contractors, grantees, and collaborating researchers. The health studies pertain to individual and aggregate population health risks from exposures to radiation, or other chemical, physical, or biological hazards that may occur or may have occurred as a result of the Department's, or its predecessor agencies' operations, or as a result of energy production, transmission, or use. Individually identifiable information does not appear in published epidemiological studies or other published health studies, surveys, and surveillances. However, the system will contain records compiled in completing published and unpublished studies, surveys, and surveillances from which information may be retrieved by name or other personal identifier. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. A record from this system may be disclosed as a routine use to contractor personnel, grantees, and cooperative agreement holders of components of the Department of Health and Human Services, including the National Institute for Occupational Safety and Health, the National Center for Environmental Health of the Centers for Disease Control and Prevention, and the Agency for Toxic Substances and Disease Registry pursuant to a Memoranda of Understanding between the Department and the Department of Health and Human Services or its components. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 2. A record from this system of records may be disclosed as a routine use to contractors, grantees, participants in cooperative agreements and collaborating researchers, or the employees of these parties, when conducting health studies or related health or environmental duties pursuant to their contracts, grants, and cooperating or collaborating research agreements. In order to perform such studies, the Department, its contractors, grantees, participants in cooperative agreements, and collaborating researchers may disclose a record: to federal, state, and local health and medical agencies or authorities; to subcontractors in order to determine a subject's vital status or cause of death; to health care providers to verify a diagnosis or cause of death; or to third parties to obtain current addresses for participants in health-related studies, surveys and surveillances. All recipients of such records are required to comply with the Privacy Act, to follow prescribed measures to protect personal privacy, and to disclose or use personally identifiable information only for the above described research purposes. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 3. A record from this system of records may be disclosed to members of Department advisory committees, the Department of Health and Human Services Advisory Committee on Projects Related to Department of Energy Facilities, and to designated employees of federal, state, or local government, or government-sponsored entities, authorized to provide advice to the Department concerning health, safety, or environmental issues. All recipients of such records are required to comply with the Privacy Act, to follow prescribed measures to protect personal privacy, and to disclose or use personally identifiable information only for the purpose of providing advice to the Department or to the Department of Health and Human Services. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 4. A record from this system of records may be disclosed as a routine use, to DOE contractors in performance of their contracts, and their officers and employees who have a need for the record in the performance of their duties subject to the same limitations applicable to DOE officers and employees under the Privacy Act. 5. A record from this system may be disclosed as a routine use for the purpose of an investigation, settlement of claims, or the preparation and conduct of litigation to
(1)a person representing the Department in the investigation, settlement or litigation, and to individuals assisting in such representation;
(2)others involved in the investigation, settlement, and litigation, and their representatives and individuals assisting those representatives;
(3)witness, potential witness, or their representatives and assistants, and any other person who possesses information pertaining to the matter, when it is necessary to obtain information or testimony relevant to the matter. 6. A record from this system may be disclosed as a routine use in court or administrative proceedings to the tribunals, counsel, other parties, witnesses, and the public (in publicly available pleadings, filings or discussion in open court) when such disclosure:
(1)Is relevant to, and necessary for, the proceeding;
(2)is compatible with the purpose for which the Department collected the records; and
(3)the proceedings involve:
(a)The Department, its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, or
(b)A current or former employee of the Department and its predecessor agencies, current or former contractors of the Department, or other United States Government agencies and their components, who is acting in an official capacity, or in any individual capacity where the Department or other United States Government agency has agreed to represent the employee. 7. A record from the system may be disclosed as a routine use to the appropriate local, state or federal agency when records alone or in conjunction with other 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 pursuant thereto. 8. A record from this system may be disclosed to Department of Health and Human Services, their contractors, grantees, and cooperative agreement holders, pursuant to the Energy Employees Occupational Illness Compensation Program Act of 2000, to estimate radiation doses and other workplace exposures received by Department of Energy and contractor employees. The Secretary of Health and Human Services and the Secretary of Energy shall each make available to researchers and the general public information on the assumptions, methodology, and data used in establishing radiation doses consistent with the protection of private medical records. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 9. A record from this system may be disclosed as a routine use to the personnel, contractors, grantees, and cooperative agreement holders of the Department of Labor, the Department of Health and Human Services, the Department of Justice, and other federal agencies and their components, designated by the President to implement the Federal compensation program established by the Energy Employees Occupational Illness Compensation Program Act, for the purpose of assisting in the adjudication or processing of a claim under that Act. Those provided information under this routine use are subject to the same limitations applicable to Department officers and employees under the Privacy Act. 10. A record from this system may be disclosed as a routine use when
(1)it is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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 integrity if 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 is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records may be stored as microfilm, paper records, and electronic media. RETRIEVABILITY: Records may be retrieved by name, study/surveillance-assigned control number, social security number, or other personal identifier, as dictated by the needs of the particular researcher. SAFEGUARDS: Paper records are maintained in locked cabinets and desks. Electronic records are controlled through established DOE computer center procedures (personnel screening and physical security), and they are password protected. Access is limited to those whose official duties require access to the records. RETENTION AND DISPOSAL: Records retention and disposal authorities are contained in the National Archives and Records Administration
(NARA)General Records Schedule and DOE record schedules that have been approved by NARA. SYSTEM MANAGER(S) AND ADDRESS: Director, Office of Illness and Injury Prevention Programs, U.S. Department of Energy, 19901 Germantown Road, Germantown, MD. 20874-1290. NOTIFICATION PROCEDURES: In accordance with the DOE regulation implementing the Privacy Act, at Title 10, Code of Federal Regulations, Part 1008, a request by an individual to determine if a system of records contains information about him/her should be directed to the U.S. Department of Energy, Headquarters, Privacy Act Officer, or the Privacy Act Officer at the appropriate address identified above under “System Locations.” For records maintained by the Laboratory, Site or Area Office, the request should be directed to the Privacy Act Officer that has jurisdiction over that site. The request should include the requester's complete name, time period for which records are sought, and the office locations(s) where the requester believes the records are located. RECORDS ACCESS PROCEDURES: Same as Notification Procedures above. Records are generally kept at location where the work is performed. In accordance with the DOE Privacy Act regulation, proper identification is required before a request is processed. CONTESTING RECORD PROCEDURES: Same as Notification Procedures. RECORD SOURCE CATEGORIES: Subject individual and the individual's employer, including DOE and its predecessor agencies and their contractors and subcontractors. SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. [FR Doc. E8-6239 Filed 4-1-08; 8:45 am] BILLING CODE 6450-01-P 73 64 Wednesday, April 2, 2008 Presidential Documents Part III The President Proclamation 8228—To Modify the Harmonized Tariff Schedule of the United States and for Other Purposes Presidential Determination No. 2008-16 of March 24, 2008—Determination To Waive Military Coup-Related Provision of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008, With Respect to Pakistan Title 3— The President Proclamation 8228 of March 28, 2008 To Modify the Harmonized Tariff Schedule of the United States and for Other Purposes By the President of the United States of America A Proclamation 1. Section 1205(a) of the Omnibus Trade and Competitiveness Act of 1988 (the “1988 Act”) (19 U.S.C. 3005(a)) directs the United States International Trade Commission (the “Commission”) to keep the Harmonized Tariff Schedule of the United States
(HTS)under continuous review and periodically to recommend to the President such modifications to the HTS as the Commission considers necessary or appropriate to accomplish the purposes set forth in that subsection. In 2006, the Commission recommended modifications to the HTS pursuant to section 1205 of the 1988 Act to conform the HTS to amendments made to the International Convention on the Harmonized Commodity Description and Coding System (the “Convention”). In Presidential Proclamation 8097 of December 29, 2006, I modified the HTS pursuant to section 1206(a) of the 1988 Act (19 U.S.C. 3006(a)) to conform the HTS to the Convention. 2. The Commission has recommended further modifications to the HTS pursuant to sections 1205(a) and
(d)of the 1988 Act (19 U.S.C. 3005(a) and (d)) to alleviate unnecessary administrative burdens, and to ensure that the prior modifications proclaimed in Proclamation 8097 maintain substantial rate neutrality. 3. Section 1206(a) of the 1988 Act authorizes the President to proclaim modifications to the HTS based on the recommendations of the Commission under section 1205 of the 1988 Act, if he determines that the modifications are in conformity with United States obligations under the Convention and do not run counter to the national economic interest of the United States. I have determined that the modifications to the HTS proclaimed in this proclamation pursuant to section 1206(a) of the 1988 Act are in conformity with United States obligations under the Convention and do not run counter to the national economic interest of the United States. 4. Presidential Proclamation 7746 of December 30, 2003, implemented the United States-Chile Free Trade Agreement with respect to the United States, and Presidential Proclamation 7747 of December 30, 2003, implemented the United States-Singapore Free Trade Agreement with respect to the United States. In Presidential Proclamation 8097, I proclaimed modifications to the HTS that I determined were necessary or appropriate to continue to carry out the duty reductions proclaimed in Proclamations 7746 and 7747. 5. In Presidential Proclamation 8214 of December 27, 2007, I further modified the HTS pursuant to section 1206(a) of the 1988 Act to ensure the continuation of tariff and certain other treatment accorded originating goods under tariff categories modified in Proclamation 8097 and to carry out the duty reductions proclaimed in Proclamations 7746 and 7747. Technical rectifications to the HTS are required to provide the intended tariff treatment. 6. On August 5, 2004, the United States entered into the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR) with Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua. The Congress approved the CAFTA-DR in section 101(a) of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (the “CAFTA-DR Act”) (19 U.S.C. 4011). 7. Sections 321-328 of the CAFTA-DR Act (19 U.S.C. 4081-4088) authorize the President to take certain actions in response to a request by an interested party for relief from serious damage or actual threat thereof to a domestic industry producing certain textile or apparel articles. I assigned certain functions under these provisions to the Committee for the Implementation of Textile Agreements
(CITA)in Proclamation 7987 of February 28, 2006. 8. Executive Order 11651 of March 3, 1972, as amended, established CITA, consisting of representatives of the Departments of State, the Treasury, Commerce, and Labor, and the Office of the United States Trade Representative, with the representative of the Department of Commerce as Chairman, to supervise the implementation of textile trade agreements. Consistent with 3 U.S.C. 301, when carrying out functions vested in the President by statute and assigned by the President to CITA, the officials collectively exercising those functions are all to be officers required to be appointed by the President with the advice and consent of the Senate. 9. Section 604 of the Trade Act of 1974, as amended (the “Trade Act”) (19 U.S.C. 2483), authorizes the President to embody in the HTS the substance of the provisions of that Act, and of other Acts affecting import treatment, and actions thereunder, including removal, modification, continuance, or imposition of any rate of duty or other import restriction. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, acting under the authority vested in me by the Constitution and the laws of the United States of America, including but not limited to section 1206 of the 1988 Act, sections 321-328 of the CAFTA-DR Act, section 301 of title 3, United States Code, and section 604 of the Trade Act do proclaim that:
(1)In order to modify the HTS to conform it to the Convention or any amendment thereto recommended for adoption, to promote the uniform application of the Convention, to establish additional subordinate tariff categories, and to make technical and conforming changes to existing provisions, the HTS is modified as set forth in Annex I to this proclamation.
(2)In order to provide the intended tariff treatment to imports of originating goods from Chile, the HTS is modified as set out in section A of Annex II to this proclamation.
(3)In order to provide the intended tariff treatment to imports of originating goods from Singapore, the HTS is modified as set out in section B of Annex II to this proclamation.
(4)The CITA is authorized to exercise my authority under sections 321-328 of the CAFTA-DR Act to provide relief from imports that are the subject of a determination under section 322(a) of the CAFTA-DR Act, to the extent necessary to remedy or prevent serious damage and to facilitate adjustment by the domestic industry.
(5)The United States Trade Representative shall modify the HTS in a notice published in the **Federal Register** to reflect determinations pursuant to paragraph
(4)of this proclamation by the CITA.
(6)Any provisions of previous proclamations and Executive Orders that are inconsistent with the actions taken in this proclamation are superseded to the extent of such inconsistency.
(7)The modifications to the HTS set forth in Annex I and Annex II to this proclamation shall be effective with respect to goods entered, or withdrawn from warehouse for consumption, on or after the respective dates specified in each section of such Annexes for the goods described therein. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-eighth day of March, in the year of our Lord two thousand eight, and of the Independence of the United States of America the two hundred and thirty-second. GWBOLD.EPS Billing code 3195-01-P ED02AP08.000 ED02AP08.001 ED02AP08.002 [FR Doc. 08-1091 Filed 4-1-08; 8:44 am]
Connectionstraces to 158
Traces to 158 documents
register
- Temporary final ruleNotices
- Temporary final ruleNotices
- Temporary final ruleProposed Rules
- Final ruleNotices
- Temporary final ruleNotices
- DEPARTMENT OF COMMERCENotices
- Notice of intentNotices
- NoticeNotices
- /register/2000/05/31/00-13830Presidential Documents
- Direct final ruleProposed Rules
- DEPARTMENT OF STATENotices
- Notice of determination of necessity for renewal of the Art Advisory PanelNotices
- /register/2005/06/30/05-13098Rules and Regulations
- DEPARTMENT OF COMMERCENotices
- Notice of submission for review by the Office of Management and Budget (OMB) and request for commentsNotices
- FEDERAL RESERVE SYSTEMNotices
- Interim ruleRules and Regulations
- NoticeNotices
- Notice of alteration of Privacy Act System of RecordsNotices
- /register/2012/05/18/2012-12220Notices
U.S. Code
- Purposes§ 3501
- Transferred§ 450
- Additional inspection services§ 136
- SHORT TITLE.§ 9701
- Unfair immigration-related employment practices§ 1324b
- Definitions§ 601
- Avoidance of duplicative or unnecessary analyses§ 605
- Principal offices of Board; chairman of Board; obligations and expenses; qualifications of members; vacancies§ 244
- Federal Aviation Administration§ 106
- New animal drugs§ 360b
- EXPEDITED PROCESSING OF REQUESTS FOR JAPANESE IMPERIAL GOVERNMENT RECORDS.§ 804
- Establishment, functions, and activities§ 272
- SHORT TITLE.§ 801
- Congressional findings and declaration of purpose§ 7401
- Air quality criteria and control techniques§ 7408
- State implementation plans for national primary and secondary ambient air quality standards§ 7410
- Administration§ 7601
- Tolerances and exemptions for pesticide chemical residues§ 346a
- Definitions; generally§ 321
- Authorized State hazardous waste programs§ 6926
- Authorities of Administrator§ 6912
- State and local land use controls§ 4022
- Congressional findings and declaration of purpose§ 4001
- Nonparticipation in flood insurance program§ 4106
- Rule making§ 553
- Congressional declaration of purpose§ 4321
- Price support§ 1421
- Periodic review of rules§ 610
- Administrative§ 121
- Enrollment by Board; standards and qualifications; suspension or termination of enrollment§ 1242
- Open meetings§ 552b
- Public information; agency rules, opinions, orders, records, and proceedings§ 552
- Congressional findings and declaration of purposes and policy§ 1531
- Congressional findings and declaration of policy§ 1361
- Federal agency responsibilities§ 3506
- Records maintained on individuals§ 552a
- Congressional declaration of purpose§ 761
- Definitions§ 7101
- Repealed. Aug. 26, 1935, ch. 687, title II, § 212, 49 Stat. 847§ 791
- Settlements§ 9622
- Abatement actions§ 9606
- Assessments§ 1817
- Definitions§ 1841
- Acquisition of bank shares or assets§ 1842
- Interests in nonbanking organizations§ 1843
- Definitions§ 3502
- Enforcement§ 6805
- Extension of patent term§ 156
- General provisions respecting control of devices intended for human use§ 360j
- Premarket approval§ 360e
- Definitions and standards for food§ 341
- Misbranded food§ 343
- Congressional findings, declarations, and purposes§ 4371
- Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts§ 4332
- Failure to comply with provisions of lease§ 188
- Unfair practices in import trade§ 1337
- Registration requirements§ 958
- Registration requirements§ 823
- Limitations on exclusive rights: Secondary transmissions of broadcast programming by cable§ 111
- Proceedings of Copyright Royalty Judges§ 803
- Institution of proceedings§ 804
- Examination by Archivist of lists and schedules of records lacking preservation value; disposal of records§ 3303a
- Registration, responsibilities, and oversight of self-regulatory organizations§ 78s
- National securities exchanges§ 78f
- Definitions and application§ 78c
- National system for clearance and settlement of securities transactions§ 78q–1
- Municipal securities§ 78o–4
- Immunity from seizure under judicial process of cultural objects imported for temporary exhibition or display§ 2459
- Purposes§ 6501
- Organization of Department of State§ 2651a
- Rules, regulations, and recommendations§ 315
- Confidentiality and disclosure of returns and return information§ 6103
- Establishment and mission§ 2401
- Grievance procedures§ 7121
- General duties of Commission§ 2201
- Rules and regulations§ 7254
- Congressional declaration of policy and purpose§ 5801
- Transferred§ 7239
- Indemnification and limitation of liability§ 2210
- Capital fund§ 7263
- Executive agency accounting and other financial management reports and plans§ 3512
- Definitions; rules of construction§ 1681a
- Definitions and application§ 3701
- Collection and compromise§ 3711
- Departmental regulations§ 301
- Agency agreements§ 1535
- Specific functions and purposes§ 764
- General responsibilities for records management§ 2904
- National Climate Program§ 2904
- Exemptions§ 2006
- Definitions§ 2510
- General transfers§ 7151
- Responsibilities of Administrator§ 5813
- Commission review of, and recommendations regarding, Harmonized Tariff Schedule§ 3005
- Presidential action on Commission recommendations§ 3006
- Approval and entry into force of the Agreement§ 4011
- General authorization to delegate functions; publication of delegations§ 301
- Consequential changes in Tariff Schedules of the United States§ 2483
CFR
- Applicability.§ 71.1
- Enrofloxacin.§ 522.812
- Confidentiality of data and information in a new animal drug application file.§ 514.11
- Animal drugs.§ 25.33
- Public hearings.§ 51.102
- National 1-hour primary and secondary ambient air quality standards for ozone.§ 50.9
- What size standards has SBA identified by North American Industry Classification System codes?§ 121.201
- May I address the unsafe condition in a way other than that set out in the airworthiness directive?§ 39.19
- Publishing notices in the Federal Register.§ 325.6
- Changed circumstances review under section 751(b) of the Act.§ 351.216
- Review procedures.§ 351.221
- Filing, document identification, format, translation, service, and certification of documents.§ 351.303
- Administrative review of orders and suspension agreements under section 751(a)(1) of the Act.§ 351.213
- Filings and Other Submissions.§ 385.2001
- Protests other than under Rule 208 (Rule 211).§ 385.211
- Transactions requiring prior notice.§ 225.41
- Requirements as to form, and filing of documents other than correspondence.§ 4.2
- The public record.§ 4.9
- Citizen petition.§ 10.30
- Temporary permits for interstate shipment of experimental packs of food varying from the requirements of definitions and standards of identity.§ 130.17
- Institution of investigation.§ 210.10
- Commission action, the public interest, and bonding by respondents.§ 210.50
- The response.§ 210.13
- Service of process and other documents.§ 201.16
- Application for importation of Schedule I and II substances.§ 1301.34
- Application for bulk manufacture of Schedule I and II substances.§ 1301.33
- Alternative method of compliance for certain simplified employee pensions.§ 2520.104-49
- Initiation of proceedings.§ 351.1
- Notice for public comment; State consultation.§ 50.91
- Issuance of amendment.§ 50.92
- Hearing requests, petitions to intervene, requirements for standing, and contentions.§ 2.309
- Filing of documents.§ 2.302
- Notice of hearing.§ 2.104
- Delegation of authority to Director of Division of Trading and Markets.§ 200.30-3
- Exemptions.§ 1008.12
statutes-at-large
public-private-law
147 references not yet in our index
- 9 CFR 94
- 9 CFR 92
- 7 CFR 2.22
- 12 CFR 268
- 12 CFR 271
- Pub. L. 96-354
- 5 CFR 1320
- 14 CFR 71
- 14 CFR 17
- 3 CFR 1959
- 21 CFR 522
- 21 CFR 20
- 5 USC 801-808
- 40 CFR 52
- 40 CFR 51
- Pub. L. 104-4
- 40 CFR 81
- 5 CFR 1320.39
- Pub. L. 104-113
- 42 USC 7501-7511f
- 40 CFR 180
- 40 CFR 178
- 40 CFR 2
- 40 CFR 180.599
- 40 CFR 180.910
- 40 CFR 152
- 40 CFR 180.227
- 40 CFR 180.613
- 40 CFR 271
- 40 CFR 271.21
- 40 CFR 272
- 44 CFR 64
- 44 CFR 59
- 44 CFR 10
- 7 CFR 301.64
- 7 CFR 301.99
- 7 CFR 319.56
- 7 CFR 3015
- 7 CFR 1
- 7 CFR 372
+ 107 more
Citation graph
cites case law
Unknown
Final rule
F. App'x479 F.3d 875
Cite9 CFR 94
Cite9 CFR 92
Cites 305 · showing 12Cited by 0 across 0 sources