[Federal Register Volume 87, Number 177 (Wednesday, September 14, 2022)]
[Notices]
[Pages 56485-56491]
[FR Doc No: 2022-19779]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2022-0029]

Privacy Act of 1974; Department of Transportation (DOT), Federal
Motor Carrier Safety Administration (FMCSA); DOT/FMCSA 010--Drug and
Alcohol Clearinghouse (Clearinghouse)

AGENCY: Federal Motor Carrier Safety Administration, Department of
Transportation

ACTION: Notice of a modified system of records notice.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Transportation (DOT), Federal Motor Carrier Safety Administration
(FMCSA) proposes to modify and reissue an existing system of records
notice titled ``DOT/FMCSA 010, Drug and Alcohol Clearinghouse
(Clearinghouse)''. This system of records allows FMCSA to collect and
maintain records on commercial motor vehicle (CMV) drivers subject to
the commercial driver's license (CDL) and commercial learner's permit
(CLP) regulations who have received verified positive DOT drug or
alcohol test results, refuse such testing, or otherwise violate FMCSA's
drug and alcohol use prohibitions. The Clearinghouse also collects and
maintains records on the completion of substance abuse programs as part
of the return-to-duty process, as well as forms evidencing drivers'
consent to the release of information. In addition, the Clearinghouse
collects and maintains records of queries of the system conducted by
employers, or service agents acting on their behalf, and State Driver
Licensing Agencies (SDLAs). The information in this system is used to
enhance compliance with drug and alcohol use and testing regulations by
identifying drivers who have committed drug and alcohol violations that
render them ineligible to operate a CMV.

DATES: Written comments should be submitted on or before October 14,
2022. The Department may publish an amended SORN in light of any
comments received. This new system will be effective October 14, 2022.

ADDRESSES: You may submit comments, identified by docket number 2022-
0029 by one of the following methods:
     Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
     Mail: Department of Transportation Docket Management, Room
W12-140, 1200 New Jersey Ave. SE, Washington, DC 20590.

     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Ave. SE, between 9 a.m. and 5 p.m. ET, Monday
through Friday, except Federal holidays.
     Instructions: You must include the agency name and docket
number 2022-0029. All comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided. In order to facilitate comment tracking and response, we
encourage commenters to provide their name, or the name of their
organization; however, submission of names is completely optional.
Whether or not commenters identify themselves, all timely comments will
be fully considered. If you wish to provide comments containing
proprietary or confidential information, please contact the agency for
alternate submission instructions.
    Privacy Act: Anyone is able to search the electronic form of all
comments received in any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review the
DOT's complete Privacy Act Statement in the Federal Register published
on January 17, 2008, (73 FR 3316-3317).
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or to the street
address listed above. Follow the online instructions for accessing the
docket.

FOR FURTHER INFORMATION CONTACT: For system-related questions please
contact Bryan Price, Chief, Drug and Alcohol Programs Division, Office
of Safety Programs, Federal Motor Carrier Safety Administration, Email:
[email protected], Tel.<PHONE_NUMBER>. For privacy questions,
please contact Karyn Gorman, Acting Departmental Chief Privacy Officer,
Department of Transportation, S-83, Washington, DC 20590, Email:
[email protected], Tel.<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Notice Updates

    This Notice includes both substantive changes and non-substantive
changes to the previously published Notice.\1\ The substantive changes
have been made to the authority, contesting record procedures, and
routine uses. The non-substantive changes have been made to background,
system manager, purposes, categories of individuals, categories of
records, record source categories, policies and practices for retrieval
of records sections, as well as revisions to align with the
requirements of the Office of Management and Budget (OMB) Circular No.
A-108 and ensure consistency with other Notices issued by the
Department of Transportation.
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    \1\ 84 FR 56521 (Oct. 22, 2019).
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    This modified system will be included in the DOT inventory of
record systems.

I. Background

    In accordance with the Privacy Act of 1974, FMCSA is modifying and
reissuing a system of records titled ``DOT/FMCSA 010--Drug and Alcohol
Clearinghouse (Clearinghouse).'' This system collects information
related to violations of the Agency's drug and alcohol testing program
regulations committed by CMV operators subject to the CDL and CLP
regulations set forth in 49 CFR part 383. FMCSA published the initial
system of records notice for the Clearinghouse on October 22, 2019 (84
FR 56521). The records are collected and maintained for the purposes
of:
     informing current and prospective employers of CMV drivers
whether the driver is prohibited from operating a CMV due to drug and
alcohol program violations;
     informing SDLAs and Motor Carrier Safety Assistance
Program (MCSAP) enforcement officers whether the driver is prohibited
from operating a CMV due to drug and alcohol program violations;
     providing drug and alcohol program violation information,
upon request from the National Transportation Safety Board (NTSB),
about a driver involved in a crash under investigation by the NTSB.
    The Clearinghouse is a tool FMCSA, employers, prospective
employers, and SDLAs use to identify drivers who are prohibited from
operating a CMV, based on DOT drug and alcohol program violations, and
ensure that such drivers receive the required substance abuse
evaluation and treatment before operating a CMV on public roads. The
requirements and procedures for use of the Clearinghouse by employers,
drivers and specified service agents are set forth in 49 CFR part 382,
subpart G.
    Employers or their designated service agents (Consortia/Third-Party
Administrators (C/TPA)) are required to query the Clearinghouse using
the CDL number of the driver to search for any drug and alcohol program
violations before hiring a prospective driver, and at least annually
for all currently employed drivers. Queries of the Clearinghouse fall
into one of two categories: limited or full. Both limited and full
queries require a driver's consent before any information can be
released about that driver. A limited query of the Clearinghouse will
inform the employer or C/TPA whether any violation-related information
about the driver exists; however, a limited query does not result in
the release of any detailed violation information. To view detailed
violation information contained in the Clearinghouse, the employer or
C/TPA must perform a full query. Once a driver's specific consent is
obtained, a full query returns the following information about the
driver:

 Driver details
 Information about the driver's employer who ordered the test
or reported a violation to the Clearinghouse
 Test details, including the type of test, violation details,
and test result
 Information about who entered the test result
 Return-to-duty (RTD) activity information

    When an employer queries the driver as a pre-employment check, a
full query must be conducted. In accordance with 49 CFR 382.701(c), if
additional information is entered on the driver within 30 days of the
pre-employment query, the Clearinghouse sends an electronic
notification to the employer or C/TPA indicating additional information
has been added to a previously queried record. The employer must log in
to the Clearinghouse and obtain specific consent from the driver before
the details of this newly reported information are disclosed. An annual
query may be conducted as either a limited query or a full query.
    A limited query requires a driver's general consent, which may be
effective for an indefinite period (e.g., the duration of employment)
and for an unlimited number of queries. Once the employer obtains
general consent, the employer will submit the query and receive a
notification from the Clearinghouse indicating whether the
Clearinghouse contains drug or alcohol violation-related information on
the queried driver. If the limited query indicates that the
Clearinghouse contains information on the driver, the employer or C/TPA
must conduct a full query.
    When conducting a full query, the employer or C/TPA must obtain
specific consent from the driver by logging into the Clearinghouse and
requesting that the driver provide consent to release full query
results. To grant or decline specific consent, the driver must register
in the Clearinghouse to establish an account. If the driver provides
consent, the employer will receive notification of

the consent via email. The employer logs into their account to view the
detailed information for the queried driver.
    In accordance with the Clearinghouse regulations if an employer is
unable to obtain either general consent from a driver for a limited
query, or specific consent for a full query, the employer must remove
the driver from performing safety-sensitive functions, including
operating a CMV, as described below.
    On October 7, 2021, FMCSA published a final rule entitled
``Controlled Substances and Alcohol Testing: State Driver's Licensing
Agency Non-Issuance/Downgrade of Commercial's Driver's License'' (86 FR
55718) (2021 final rule). The rule requires SDLAs, prior to completing
a commercial licensing transaction, to access and use driver-specific
information from the Clearinghouse to determine whether, pursuant to 49
CFR 382.501(a), a driver is prohibited from operating a CMV due to drug
and alcohol program violations. The requirements and procedures for
SDLAs' use of the Clearinghouse are set forth in 49 CFR part 383. If
the applicant is prohibited from operating, the SDLA must not complete
the licensing transaction, resulting in non-issuance of the CLP or CDL.
The rule also requires that SDLAs downgrade the CLP or CDL of any
driver prohibited from operating a CMV and revises how reports of
actual knowledge of drug or alcohol use, based on the issuance of a
citation for DUI in CMV, will be maintained in the system. Under then-
current regulations, drivers could request the removal of an employer's
report of actual knowledge of use, based on a traffic citation for
driving a CMV under the influence of controlled substances or alcohol,
if the citation did not result in the driver's conviction. The 2021
final rule amended 49 CFR 382.717 so that drivers can no longer request
removal of the citation but may add documentary evidence of non-
conviction to their Clearinghouse record.
    The following substantive changes have been made to this Notice:
    1. Authority: This Notice updates the authorities to add sections
31305(a), 31308, and 31311 of title 49, United States Code, on which
FMCSA relies to implement requirements pertaining to the SDLAs' use of
the Clearinghouse, and to add the regulatory authorities authorizing
access to and uses of the Clearinghouse as set forth in 49 CFR part
382, subpart G, and 49 CFR part 383.
    2. Contesting Record Procedures: This Notice updates contesting
record procedures to conform with the following regulatory change to 49
CFR 382.717: Drivers may no longer request removal of an actual
knowledge violation based on the issuance of a citation for DUI in a
CMV when the citation does not result in a conviction, but they can
request that documentary evidence of non-conviction be added to their
Clearinghouse record.
    3. Routine Uses: This Notice updates routine uses to add four
system-specific routine uses, as described below.
    In this Notice, FMCSA adds four new system-specific routine uses to
support enforcement of drug and alcohol use and testing regulations and
to implement regulatory requirements pertaining to States (SDLAs).
    The first new routine use allows SDLAs to receive notification from
FMCSA of a CMV driver's operating status (i.e., prohibited or not
prohibited). This routine use enables the SDLA to initiate a downgrade
of the CLP or CDL of any driver prohibited from operating a CMV due to
drug and alcohol program violations, as required by 49 CFR 383.73(q).
It will also enable the SDLA to restore the commercial driving
privilege to the driver's license following the driver's completion of
the return-to-duty process or to correct an error, as required by 49
CFR 383.73(q)(2) and (3), respectively.
    The second new routine use allows notification to employers when
new information has been added to the Clearinghouse record of a CMV
driver about whom the employer has either queried the Clearinghouse, or
reported information to the Clearinghouse, in the past 12 months (i.e.,
since the preemployment query or last annual query). This routine use
alerts employers that new information about a driver they may employ
was reported to Clearinghouse by another employer or prospective
employer. If the driver is still employed, the employer must log in to
the Clearinghouse and obtain specific consent from the driver before
the details of this newly reported information will be disclosed.
    The third new routine use allows employers, confirmed by FMCSA to
currently employ CMV drivers prohibited under 49 CFR 382.501(a) from
operating a CMV due to drug and alcohol program violations reported to
the Clearinghouse by another employer or prospective employer, to be
notified of the driver's prohibited operating status. The employer must
log in to the Clearinghouse and obtain specific consent from the driver
before details of this newly reported violation will be disclosed.
However, upon receiving notification that the driver is prohibited from
operating a CMV, the employer must not allow the driver to perform
safety-sensitive functions, in accordance with 49 CFR 382.501(b).
    The fourth new routine use allows employers who are notified by
FMCSA of a driver's disqualification under 49 CFR 391.41(b)(12) for
prohibited controlled substances use to receive details of the positive
test result violation from the Clearinghouse. Under this routine use,
FMCSA will provide the required employer notification of the driver's
disqualification under 49 CFR 391.41(b)(12) for CDL or CLP holders who
continue to operate a CMV in violation of 49 CFR 382.501(a).
    The new routine uses are compatible with the purpose for which the
information was collected, directly furthering the goals of 49 U.S.C.
31306a, to improve roadway safety and enhance compliance with drug and
alcohol use and testing regulations.
    The following non-substantive changes have been made to the
background, system manager, purposes, categories of individuals covered
by the system, categories of records in the system, record source
categories, and policies and practices for retrieval, to improve the
readability and transparency of this Notice:
    1. Background: This Notice updates background to add information
about FMCSA's recent amendments to 49 CFR parts 382 and 383. This
Notice also updates the background to eliminate redundancies in the
description of the limited and full query processes as set forth in the
previous Notice and to conform the description of CMV drivers subject
to FMCSA's drug and alcohol use and testing regulations to existing
regulatory text in 49 CFR 382.103(a). These updates are made to improve
clarity and do not reflect any change in either the Clearinghouse query
processes or the population of CMV drivers about whom information is
maintained in the System.
    2. System Manager: This Notice updates the system manager to
include contact information for FMCSA's Drug and Alcohol Programs
Division, Office of Safety Programs and to delete contact information
for the Compliance Division, Office of Enforcement and Compliance. This
change reflects a reorganization within FMCSA and is compatible with
the purpose of this system of records.
    3. Purposes: This Notice updates the purposes to add specific
references to FMCSA's MCSAP partners and to SDLAs to improve the
clarity of the description. In addition, this Notice updates the
purposes to conform the description of CMV drivers subject to FMCSA's
drug and alcohol use and

testing regulations to existing regulatory text in 49 CFR 382.103(a).
The previous Notice described the CMV drivers as ``CLP and CDL
holders''; this Notice changes that reference to ``CMV drivers who are
subject to the CDL and CLP requirements of 49 CFR part 383.'' FMCSA
makes this update to improve clarity; it does not reflect any change in
the population of CMV drivers about whom information is maintained in
this System.
    4. Categories of Individuals: This Notice updates categories of
individuals to conform the description of CMV drivers subject to
FMCSA's drug and alcohol use and testing regulations to existing
regulatory text in 49 CFR 382.103(a). The previous Notice described the
CMV drivers as ``CLP and CDL holders''; this Notice changes that
reference to ``CMV drivers who are subject to the CDL and CLP
requirements of 49 CFR part 383.'' FMCSA makes this update to improve
clarity; it does not reflect any change in the population of CMV
drivers about whom information is maintained in this System.
    5. Categories of Records: This Notice updates categories of records
to conform the description of CMV drivers subject to FMCSA's drug and
alcohol use and testing regulations with existing regulatory text in 49
CFR 382.103(a). The previous Notice described the CMV drivers as ``CLP
and CDL holders''; this Notice changes that reference to ``CMV drivers
who are subject to the CDL and CLP requirements of 49 CFR part 383.''
FMCSA makes this update to improve clarity; it does not reflect any
change in the population of CMV drivers about whom information is
maintained in this System.
    6. Record Source Categories: This Notice updates record source
categories to conform the description of CMV drivers subject to FMCSA's
drug and alcohol use and testing regulations with existing regulatory
text in 49 CFR 382.103(a). The previous Notice described the CMV
drivers as ``CLP and CDL holders''; this Notice changes that reference
to ``CMV drivers who are subject to the CDL and CLP requirements of 49
CFR part 383.'' FMCSA makes this update to improve clarity; it does not
reflect any change in the population of CMV drivers about whom
information is maintained in this system.
    7. Policies and Practices for Retrieval: To improve clarity, this
Notice updates policies and practices to replace ``CDL holder'' with
``CMV driver'' and to specify that State issuance pertains to CDLs and
CLPs.

II. Privacy Act

    The Privacy Act governs the means by which the Federal Government
agencies collect, maintain, use, and disseminate individuals' records.
The Privacy Act applies to information that is maintained in a ``system
of records.'' A ``system of records'' is a group of any records under
the control of an agency from which information is retrieved by the
name of an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. The Privacy Act
extends rights and protections to individuals who are U.S. citizens and
lawful permanent residents. Additionally, the Judicial Redress Act
(JRA) provides a covered person with a statutory right to make requests
for access and amendment to covered records, as defined by the JRA,
along with judicial review for denials of such requests. In addition,
the JRA prohibits disclosures of covered records, except as otherwise
permitted by the Privacy Act. In accordance with 5 U.S.C. 552a(r), DOT
has provided a report of this system of records to the Office of
Management and Budget and to Congress.
    Below is the description of the Clearinghouse System of Records. In
accordance with 5 U.S.C. 552a(r), DOT has provided a report of this
modified system of records to the OMB and to Congress.

SYSTEM NAME AND NUMBER:
    DOT/FMCSA 010- Commercial Driver's License Drug and Alcohol
Clearinghouse (Clearinghouse).

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records are maintained in a FedRAMP-certified third-party cloud
environment. The contracts are maintained by DOT at 1200 New Jersey
Avenue SE, Washington, DC 20590.

SYSTEM MANAGER(S):
    Chief, Drug and Alcohol Programs Division, Office of Safety
Programs, FMCSA, U.S. DOT, 1200 New Jersey Avenue SE, Washington, DC
20590; [email protected].

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    49 U.S.C. 31305(a), 31306, 31306a(a)(1), 31308, and 31311; CFR part
382 subpart G; and 49 CFR part 383.

PURPOSE(S) OF THE SYSTEM:
    The purpose of the Clearinghouse is to: (1) improve compliance with
the DOT's controlled substances and alcohol testing program applicable
to CMV drivers who are subject to the CDL and CLP requirements of 49
CFR part 383; and (2) enhance the safety of U.S. roadways by reducing
crashes and injuries involving drivers violating alcohol or controlled
substances regulations (49 U.S.C. 31306a(a)(2)). FMCSA and its MCSAP
partners, motor carrier employers, and State Driver Licensing Agencies
use information in the Clearinghouse records to identify drivers who
are prohibited from operating a CMV and must receive the required
evaluation and treatment before resuming safety-sensitive functions.
Safety-sensitive functions are defined in 49 CFR 382.107 as the time
from when a driver begins to work or is required to be in readiness to
work until the time he/she is relieved from work and all responsibility
for performing work. Safety-sensitive functions include driving a CMV
on public roads.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Categories of individuals within this system include: CMV drivers
subject to the CDL and CLP requirements of 49 CFR part 383, Medical
Review Officers (MRO), Substance Abuse Professionals (SAP), employers,
and Consortia/Third-Party Administrators (C/TPA).

CATEGORIES OF RECORDS IN THE SYSTEM:
    Categories of records in the system include:
    The following information about CMV drivers is subject to the CDL
and CLP requirements of 49 CFR part 383:
     Name.
     Contact Information including physical address, phone
number(s) and email address.
     Date of birth.
     Current and previous CLP or CDL license number, state of
issuance, and expiration date.
     Drug or alcohol test results and violation information
including employer name, address, and USDOT#, as applicable.
     CMV driving eligibility status.
     Driver Substance Abuse Professional (SAP) selection
including SAP name, address and phone number, as applicable.
     Actual Knowledge Report Information, including violation
details, documentation to support the allegation and certificate of
service to the employee, as applicable.
     Failure to appear and refusal to test detail information,
including documentation regarding notification of test requirement,
documentation of termination or resignation and certificate of service
to the employee, as applicable.

     Return to duty (RTD) eligibility date and negative test
result. A negative RTD test result allows the driver to resume
operation of a CMV and other safety-sensitive functions.
     Follow-up testing plan completion information.
     Query information including who requested the query and
when the query was conducted.
     Query consent information including the driver's approval
or refusal.
    Information about MROs and SAPs as specified in 49 CFR 382.711(c)
to include:
     Contact information including name, email address, phone
number(s), office location addresses and applicable qualifications as
per 49 CFR part 40.
    Information about employers, designated agents and C/TPAs as
specified in Sec.  382.711(b) and Sec.  382.711(d) to include:
     Contact information including name, email address, phone
number(s), office location addresses.
     USDOT #, as applicable.

RECORD SOURCE CATEGORIES:
    Records are obtained from MROs for CMV drivers subject to the CDL
and CLP requirements of 49 CFR part 383 who have confirmed positive
tests or test refusals. Motor carrier employers will report actual
knowledge of use, alcohol confirmation test results, or test refusals.
Records regarding completion of required RTD processes are obtained
from SAPs and employers. Records are obtained from employers who
request full query consent of drivers and the approval or rejection of
the consent from the drivers. Registration information records are
obtained from CMV drivers subject to the CDL and CLP requirements of 49
CFR part 383, MROs, SAPs, employers, and their designated agents when
an authorized user registers for the Clearinghouse and creates a new
account or when updating previous account information.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DOT as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
System Specific Routine Uses
    1. To Motor Carrier Safety Assistance Program (MCSAP) partner
agencies, for use during investigations, roadside inspections and
safety audits of motor carriers. This routine use enables the MCSAP
agencies to enforce the current prohibition against operating a CMV, or
performing other safety-sensitive functions, due to drug and alcohol
program violations.
    2. To State Driver's Licensing Agencies for the purpose of
verifying a driver's qualification to operate a CMV prior to completing
any licensing transactions, including issuance, renewal, transfer, or
upgrade of any a CLP or CDL (as mandated by 49 U.S.C. 31311(a)(24) and
31306a(h)(2)).
    3. To the NTSB, upon request, when a driver is involved in a crash
under investigation by the NTSB (as mandated by 49 U.S.C. 31306a(i)).
    4. To State Driver Licensing Agencies, for the purpose of
initiating a downgrade of the CLP or CDL of any driver prohibited from
operating a CMV due to drug and alcohol program violations or
reinstating the CLP or CDL when the driver is no longer prohibited from
operating, as required by 49 CFR 383.73(q).
    5. To employers who have either queried the Clearinghouse, or
reported information to the Clearinghouse, about a CMV driver in the
past 12 months, when new information about the driver has been added to
the Clearinghouse by another employer. This routine use enables
employers to comply with the current prohibition against allowing a
driver to operate a CMV, or perform other safety-sensitive functions,
due to drug and alcohol program violations.
    6. To employers who currently employ a CMV driver prohibited from
operating a CMV due to a drug and alcohol program violation reported to
the Clearinghouse by another employer. This routine use enables current
employers to comply with the prohibition against allowing a driver to
operate a CMV, or perform other safety-sensitive functions, due to drug
and alcohol program violations.
    7. To employers notified by FMCSA that a CDL or CLP holder is
disqualified under 49 CFR 391.41(b)(12) for prohibited controlled
substances use. Under this routine use, FMCSA will provide the required
employer notification of the driver's disqualification under 49 CFR
391.41(b)(12) for CDL or CLP holders who continue to operate a CMV in
violation of 49 CFR 382.501(a).
Department General Routine Uses
    8. In the event that a system of records maintained by DOT to carry
out its functions indicates a violation or potential violation of law,
whether civil, criminal or regulatory in nature, and whether arising by
general statute or particular program pursuant thereto, the relevant
records in the system of records may be referred, as a routine use, to
the appropriate agency, whether Federal, State, local or foreign,
charged with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation, or order issued pursuant thereto.
    9a. Routine Use for Disclosure for Use in Litigation. It shall be a
routine use of the records in this system of records to disclose them
to the Department of Justice or other Federal agency conducting
litigation when--(a) DOT, or any agency thereof, or (b) Any employee of
DOT or any agency thereof, in his/her official capacity, or (c) Any
employee of DOT or any agency thereof, in his/her individual capacity
where the Department of Justice has agreed to represent the employee,
or (d) The United States or any agency thereof, where DOT determines
that litigation is likely to affect the United States, is a party to
litigation or has an interest in such litigation, and the use of such
records by the Department of Justice or other Federal agency conducting
the litigation is deemed by DOT to be relevant and necessary in the
litigation, provided, however, that in each case, DOT determines that
disclosure of the records in the litigation is a use of the information
contained in the records that is compatible with the purpose for which
the records were collected.
    9b. Routine Use for Agency Disclosure in Other Proceedings. It
shall be a routine use of records in this system to disclose them in
proceedings before any court or adjudicative or administrative body
before which DOT or any agency thereof, appears, when-- (a) DOT, or any
agency thereof, or (b) Any employee of DOT or any agency thereof in
his/her official capacity, or (c) Any employee of DOT or any agency
thereof in his/her individual capacity where DOT has agreed to
represent the employee, or (d) The United States or any agency thereof,
where DOT determines that the proceeding is likely to affect the United
States, is a party to the proceeding or has an interest in such
proceeding, and DOT determines that use of such records is relevant and
necessary in the proceeding, provided, however, that in each case, DOT
determines that disclosure of the records in the proceeding is a use of
the information contained in the records that is compatible with the
purpose for which the records were collected.
    10. Disclosure may be made to a Congressional office from the
record of an individual in response to an inquiry

from the Congressional office made at the request of that individual.
In such cases, however, the Congressional office does not have greater
rights to records than the individual. Thus, the disclosure may be
withheld from delivery to the individual where the file contains
investigative or actual information or other materials which are being
used, or are expected to be used, to support prosecution or fines
against the individual for violations of a statute, or of regulations
of the Department based on statutory authority. No such limitations
apply to records requested for Congressional oversight or legislative
purposes; release is authorized under 49 CFR 10.35(9).
    11. One or more records from a system of records may be disclosed
routinely to the National Archives and Records Administration (NARA) in
records management inspections being conducted under the authority of
44 U.S.C. 2904 and 2906.
    12. DOT may make available to another agency or instrumentality of
any government jurisdiction, including State and local governments,
listings of names from any system of records in DOT for use in law
enforcement activities, either civil or criminal, or to expose
fraudulent claims, regardless of the stated purpose for the collection
of the information in the system of records. These enforcement
activities are generally referred to as matching programs because two
lists of names are checked for match using automated assistance. This
routine use is advisory in nature and does not offer unrestricted
access to systems of records for such law enforcement and related
antifraud activities. Each request will be considered on the basis of
its purpose, merits, cost effectiveness and alternatives using
Instructions on reporting computer matching programs to the Office of
Management and Budget, OMB, Congress, and the public, published by the
Director, OMB, dated September 20, 1989.
    13. DOT may disclose records from the system, as a routine use to
appropriate agencies, entities, and persons when (1) DOT suspects or
has confirmed that there has been a breach of the system of records,
(2) DOT has determined that as a result of the suspected or confirmed
breach there is a risk of harm to individuals, DOT (including its
information systems, programs, and operations), the Federal Government,
or national security; and (3) the disclosure made to such agencies,
entities, and persons is reasonably necessary to assist in connection
with DOT's efforts to respond to the suspected or confirmed breach or
to prevent, minimize, or remedy such harm.
    14. DOT may disclose records from this system, as a routine use, to
the Office of Government Information Services for the purpose of (a)
resolving disputes between FOIA requesters and Federal agencies and (b)
reviewing agencies' policies, procedures, and compliance in order to
recommend policy changes to Congress and the President.
    15. DOT may disclose records from the system, as a routine use, to
contractors and their agents, experts, consultants, and others
performing or working on a contract, service, cooperative agreement, or
other assignment for DOT, when necessary to accomplish an agency
function related to this system of records.
    16. DOT may disclose records from this system, as a routine use, to
an agency, organization, or individual for the purpose of performing
audit or oversight operations related to this system of records, but
only such records as are necessary and relevant to the audit or
oversight activity. This routine use does not apply to intra-agency
sharing authorized under Section (b)(1) of the Privacy Act.
    17. A record from this system of records may be disclosed, as a
routine use, to a Federal, State, or local agency maintaining civil,
criminal, or other relevant enforcement information or other pertinent
information, such as current licenses, if necessary to obtain
information relevant to a DOT 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.
    18. A record from this system of records may be disclosed, as a
routine use, to a Federal agency, in response to its request, in
connection with the hiring or retention of an employee, the issuance of
a security clearance, the reporting of an investigation of an employee,
the letting of a contract, or the issuance of a license, grant, or
other benefit by the requesting agency, to the extent that the
information is relevant and necessary to the requesting agency's
decision on the matter.
    19. DOT may disclose records from the system, as a routine use to
another Federal agency or Federal entity, when DOT determines that
information from this system of records is reasonably necessary to
assist the recipient agency or entity in (1) responding to a suspected
or confirmed breach or (2) preventing, minimizing, or remedying the
risk of harm to individuals, the recipient agency or entity (including
its information systems, programs, and operations), the Federal
Government, or national security, resulting from a suspected or
confirmed breach.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records in this system are stored electronically on a contractor-
maintained cloud storage service.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records may be retrieved by the following data elements: CMV
driver's name, date of birth, license number, and State of issuance of
the CLP or CDL.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records will be retained and disposed of in accordance with the
records control schedule titled, ``Commercial Driver's License Drug and
Alcohol Clearinghouse'' approved by the NARA on July 23, 2019. The
record schedule requires retention for 5 years if the violation is
resolved and RTD is completed; after 5 years the records will be
transferred to a separate location for archiving for 6 years and then
the records will be destroyed. For records that have not had the RTD
process successfully completed, they will remain active in the
Clearinghouse for 70 years.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DOT automated
systems security and access policies. Appropriate controls have been
imposed to minimize the risk of compromising the information that is
being stored and ensuring confidentiality of communications using tools
such as encryption, authentication of sending parties, and
compartmentalizing databases; and employing auditing software.
Clearinghouse data is encrypted at rest and in transit. In addition,
the connection between the database and the server is encrypted. Access
to records in this system is limited to those individuals who have a
need to know the information for the performance of their official
duties and who have appropriate clearances or permissions. All
personnel with access to data are screened through background
investigations commensurate with the level of access required to
perform their duties.

RECORD ACCESS PROCEDURES:
    Individuals seeking notification of and access to any record
contained in this system of records, or seeking to contest its content,
may submit a request to the System Manager in writing to the address
provided, or to the email provided, under ``System Manager and
Address.'' Individuals may also search the public docket at
www.regulations.gov by their name.
    When seeking records about yourself from this system of records or
any other Departmental system of records your request must conform with
the Privacy Act regulations set forth in 49 CFR part 10. You must sign
your request, and your signature must either be notarized or submitted
under 28 U.S.C. 1746, a law that permits statements to be made under
penalty of perjury as a substitute for notarization. While no specific
form is required, you should provide the following:
     An explanation of why you believe the Department would
have information on you;
     Identify which component(s) of the Department you believe
may have the information about you;
     Specify when you believe the records would have been
created;
     Provide any other information that will help the FOIA
staff determine which DOT component agency may have responsive records;
and
    If your request is seeking records pertaining to another living
individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her records. Without
this bulleted information, the component(s) may not be able to conduct
an effective search, and your request may be denied due to lack of
specificity or lack of compliance with applicable regulations.

CONTESTING RECORD PROCEDURES:
    Individuals seeking to contest the content of any record pertaining
to him or her in the system may contact the System Manager following
the Privacy Act procedures in 49 CFR part 10, subpart E, Correction of
Records.
    Drivers may request corrections of administrative errors in their
Clearinghouse record using procedures set forth in 49 CFR 382.717.
Under these procedures, request for correction are limited to
incorrectly reported information, not the accuracy of test results or
refusals. Drivers may also request that the following information be
removed from their Clearinghouse record: an employer's report of actual
knowledge of use, if the employer's report does not comply with
applicable documentation and notice requirements; or an employer's
report of a failure to appear test refusal, if the employer's report
does not comply with applicable documentation and notice requirements.
Drivers may submit their request for correction or removal under 49 CFR
382.717 electronically through the Clearinghouse or in writing to
FMCSA.
    Requests for correction under the Privacy Act must conform with
regulations set forth in 49 CFR part 10. Your request must either be
notarized or submitted under 28 U.S.C. 1746, a law that permits
statements to be made under penalty of perjury as a substitute for
notarization.

NOTIFICATION PROCEDURES:
    Individuals seeking to contest the content of any record pertaining
to him or her in the system may contact the System Manager following
the procedures described in ``Record Access Procedures'' above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    A full notice of this system of records, DOT/FMCSA 010--Drug and
Alcohol Clearinghouse, was published in the Federal Register on October
22, 2019 (84 FR 56521)

    Issued in Washington, DC.
Karyn Gorman,
Acting Departmental Chief Privacy Officer.
[FR Doc. 2022-19779 Filed 9-13-22; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register: January 16, 2008 (Volume 73, Number 11)]
[Notices]
[Page 2915-2916]
[DOCID:fr16ja08-51]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-1187; FRL-8346-7]

Pesticide Products; Registration Applications

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces receipt of applications to register
pesticide products containing new active ingredients not included in
any currently registered products pursuant to the provisions of section
3(c)(4) of the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA), as amended.

DATES: Comments must be received on or before February 15, 2008.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2007-1187, 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<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2007-1187. 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: Todd Peterson, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
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. 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. Registration Applications

    EPA received applications as follows to register pesticide products
containing active ingredients not included in any previously registered
products pursuant to the provision of section 3(c)(4) of FIFRA. Notice
of receipt of these applications does not imply a decision by the
Agency on the applications.

Application Form

    File Symbol: 69361-RT. Applicant: Repar Corporation, P.O. Box 4321,
Silver Spring, MD 20914. Product name: Homobrassinolide Technical.
Plant growth regulator. Active ingredient: Homobrassinolide at 80 %.
Proposal classification/Use: Plant growth regulator.

List of Subjects

    Environmental protection, Pesticides and pest.

    Dated: January 3, 2008.
Janet L. Andersen,
Director, Biopesticides and Pollution Prevention Division, Office of
Pesticide Programs.
[FR Doc. E8-601 Filed 1-15-08; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 80, Number 19 (Thursday, January 29, 2015)]
[Rules and Regulations]
[Pages 4779-4783]
[FR Doc No: 2015-01639]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No. 141104925-4925-01]
RIN 0694-AG35

Revisions to the Unverified List (UVL)

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: The Bureau of Industry and Security (BIS) is amending the
Export Administration Regulations (EAR) by adding fourteen (14)
persons, removing one person, and updating the addresses of other
persons listed on the Unverified List (the ``Unverified List'' or UVL).
The 14 persons are being added to the UVL on the basis that BIS could
not verify their bona fides because an end-use check could not be
completed satisfactorily for reasons outside the U.S. Government's
control. One person is removed from the UVL based on BIS's ability to
verify that person's bona fides through the successful completion of an
end-use check. Also, new addresses are added for two listed persons on
the UVL.

DATES: Effective date: This rule is effective: January 29, 2015.

FOR FURTHER INFORMATION CONTACT: Kevin Kurland, Director, Office of
Enforcement Analysis, Bureau of Industry and Security, Department of
Commerce, Phone:<PHONE_NUMBER> or by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    Supplement No. 6 to Part 744 (``the UVL'') contains the names and
addresses of foreign persons who are or have been parties to a
transaction, as that term is described in Sec.  748.5 of the EAR,
involving the export, reexport, or transfer (in-country) of items
subject to the EAR, and whose bona fides BIS has been unable to verify
through an end-use check. BIS may add persons to the UVL when BIS or
federal officials acting on BIS's behalf have been unable to verify a
foreign person's bona fides (i.e., legitimacy and reliability relating
to the end use and end user of items subject to the EAR) because an
end-use check, such as a pre-license check (PLC) or a post-shipment
verification (PSV), cannot be completed satisfactorily for such
purposes for reasons outside the U.S. Government's control.
    End-use checks cannot be completed for a number of reasons,
including reasons unrelated to the cooperation of the foreign party
subject to the end-use check. For example, BIS sometimes initiates end-
use checks and cannot find a foreign party at the address indicated on
export documents, and cannot locate the party by telephone or email.
Additionally, BIS sometimes is unable to conduct end-use checks when
host government agencies do not respond to requests to conduct end-use
checks, are prevented from scheduling such checks by a party to the
transaction other than the foreign party that is the proposed subject
of the end-use check, or refuse to schedule them in a timely manner.
Under these circumstances, although BIS has an interest in informing
the public of its inability to verify the foreign party's bona fides,
there may not be sufficient information to add the foreign persons at
issue to the Entity List under Sec.  744.11 of the EAR (Criteria for
revising the Entity List). In such circumstances, BIS may add the
foreign persons to the UVL.
    Furthermore, BIS sometimes conducts end-use checks but cannot
verify the bona fides of a foreign party. For example, BIS may be
unable to verify bona fides if during the conduct of an end-use check a
recipient of items subject to the EAR is unable to produce those items
for visual inspection or provide sufficient documentation or other
evidence to confirm the disposition of those items. The inability of
foreign persons subject to end-use checks to demonstrate their bona
fides raises concerns about the suitability of such persons as
participants in future

exports, reexports, or transfers (in-country) and indicates a risk that
items subject to the EAR may be diverted to prohibited end uses and/or
end users. However, BIS may not have sufficient information to
establish that such persons are involved in activities described in
part 744 of the EAR, preventing the placement of the persons on the
Entity List. In such circumstances, the foreign persons may be added to
the Unverified List.
    As provided in Sec.  740.2(a)(17) of the EAR, the use of license
exceptions for exports, reexports, and transfers (in-country) involving
a party or parties to the transaction who are listed on the UVL is
suspended. Additionally, under Sec.  744.15(b) of the EAR, there is a
requirement for exporters, reexporters, and transferors to obtain (and
keep a record of) a UVL statement from a party or parties to the
transaction who are listed on the UVL before proceeding with exports,
reexports, and transfers (in-country) to such persons, when the
exports, reexports and transfers (in-country) are not subject to a
license requirement.
    Requests for removal of a UVL entry must be made in accordance with
Sec.  744.15(d) of the EAR. Decisions regarding the removal or
modification of UVL listings will be made by the Deputy Assistant
Secretary for Export Enforcement, based on a demonstration by the
listed person of its bona fides.

Changes to the EAR

Supplement No. 6 to Part 744 (``the Unverified List'' or ``UVL'')

    Among other things, this rule adds fourteen (14) persons to the UVL
by amending Supplement No. 6 to Part 744 of the EAR to include their
names and addresses. BIS adds these persons in accordance with the
criteria for revising the UVL set forth in Sec.  744.15(c) of the EAR.
The new entries consist of eleven persons located in Hong Kong, two
persons located in Pakistan, and one person located in the United Arab
Emirates. Each listing is grouped within the UVL by country, and
accompanied by the party's name(s), available alias(es), and
address(es), as well as the Federal Register citation and the date the
person was added to the UVL. The UVL is included in the Consolidated
Screening List, available at www.export.gov.
    This rule also adds new addresses for two current UVL persons,
Narpel Technologies, Ltd. and Powersun Electronics, both located in
Hong Kong. BIS has determined that these persons are receiving U.S.
exports at addresses other than those originally included in their UVL
entries.
    Lastly, this rule removes from the UVL one company, Dynasense
Photonics Co., Ltd. in Hong Kong, based on BIS's ability to confirm its
bona fides through the successful completion of an end-use check. The
removal of the above referenced person from the UVL eliminates the
restrictions against the use of license exceptions and the requirements
specific to exports, reexports and transfers (in-country) not otherwise
requiring a license to the person, as described in Sec.  744.15 of the
EAR. However, the removal of this person from the UVL does not relieve
persons proposing to export, reexport or transfer (in-country) items
subject to the EAR to the removed person of other obligations under
part 744 of the EAR or under other parts of the EAR. Neither the
removal of a person from the UVL nor the removal of UVL-based
restrictions and requirements relieves a person of the obligation to
obtain a license if the person knows that an export or reexport of any
item subject to the EAR is destined to an end user or end use set forth
in part 744 other than Sec.  744.15 of the EAR. Additionally, this
removal does not relieve persons of their obligation to apply for
export, reexport or in-country transfer licenses required by other
provisions of the EAR. BIS strongly urges the use of Supplement No. 3
to part 732 of the EAR, ``BIS's `Know Your Customer' Guidance and Red
Flags,'' when persons are involved in transactions that are subject to
the EAR.
Savings Clause
    Shipments (1) removed from license exception eligibility or that
are now subject to requirements in Sec.  744.15 of the EAR as a result
of this regulatory action, (2) eligible for export, reexport, or
transfer (in-country) without a license before this regulatory action,
and (3) on dock for loading, on lighter, laden aboard an exporting
carrier, or en route aboard a carrier to a port of export, on January
29, 2015, pursuant to actual orders, may proceed to that UVL listed
person under the previous license exception eligibility or without a
license so long as the items have been exported from the United States,
reexported or transferred (in-country) before March 2, 2015. Any such
items not actually exported, reexported or transferred (in-country)
before midnight, on March 2, 2015, are subject to the requirements in
Sec.  744.15 of the EAR in accordance with this regulation.

Export Administration Act

    Since August 21, 2001, the Export Administration Act of 1979, as
amended, has been in lapse. However, the President, through Executive
Order 13222 of August 17, 2001, 3 CFR, 2001 Comp., p. 783 (2002), as
amended by Executive Order 13637 of March 8, 2013, 78 FR 16129 (March
13, 2013), and as extended by the Notice of August 7, 2014, 79 FR 46959
(August 11, 2014) has continued the EAR in effect under the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
BIS continues to carry out the provisions of the Export Administration
Act, as appropriate and to the extent permitted by law, pursuant to
Executive Order 13222 as amended by Executive Order 13637.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866.
    2. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public comment and a delay in effective date are inapplicable to this
rule, which is adding 14 persons, removing one person, and updating the
addresses of two other persons listed on the UVL, because this
regulation involves military or foreign affairs. BIS implements this
rule to protect U.S. national security or foreign policy interests by
requiring a license for items being exported, reexported, or
transferred (in country) involving a party or parties to the
transaction who are listed on the UVL. If this rule were delayed to
allow for notice and comment and a delay in effective date, the
entities being added to the UVL by this action and those entities
operating at previously unlisted addresses would continue to be able to
receive items without additional oversight by BIS and to conduct
activities contrary to the national security or foreign policy
interests of the United States. In addition, publishing a proposed rule
would give these parties

notice of the U.S. Government's intention to place them on the UVL, and
would create an incentive for these persons to either accelerate
receiving items subject to the EAR to conduct activities that are
contrary to the national security or foreign policy interests of the
United States, and/or to take steps to set up additional aliases,
change addresses, and other measures to try to limit the impact of the
listing once a final rule was published.
    The Department finds there is good cause under 5 U.S.C.
553(b)(3)(B) to waive the provisions of the Administrative Procedure
Act requiring prior notice and the opportunity for public comment to
the provision of this rule removing one person from the UVL because
doing so is contrary to the public interest and unnecessary. The
removal is being made following the completion of a successful end-use
check. If the rule were to be delayed to allow for public comment, U.S.
exporters may face unnecessary economic losses as they turn away
potential sales because the customer remained a listed person on the
UVL even after BIS was able to verify that entity's bona fides through
an end-use check. By publishing without prior notice and comment, BIS
allows the entity to receive U.S. exports as quickly as possible
following their cooperation in a successful end-use check. By quickly
removing entities from the UVL following the successful completion of
an end-use check, BIS encourages other entities to cooperate in end-use
checks requested by BIS. Further, no other law requires that a notice
of proposed rulemaking and an opportunity for public comment be given
for this rule. Because a notice of proposed rulemaking and an
opportunity for public comment are not required to be given for this
rule by 5 U.S.C. 553, or by any other law, the analytical requirements
of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are not
applicable. Accordingly, no regulatory flexibility analysis is required
and none has been prepared.
    3. Notwithstanding any other provision of law, no person is
required to respond to, nor is subject to a penalty for failure to
comply with, a collection of information, subject to the requirements
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA),
unless that collection of information displays a currently valid Office
of Management and Budget (OMB) Control Number. This regulation involves
collections previously approved by OMB under the following control
numbers: 0694-0088, 0694-0122, 0694-0134, and 0694-0137.
    This rule slightly increases public burden in a collection of
information approved by OMB under control number 0694-0088, which
authorizes, among other things, export license applications. The
removal of license exceptions for listed persons on the Unverified List
will result in increased license applications being submitted to BIS by
exporters. Total burden hours associated with the Paperwork Reduction
Act and OMB control number 0694-0088 are expected to increase
minimally, as the suspension of license exceptions will only affect
transactions involving persons listed on the Unverified List and not
all export transactions. Because license exceptions are restricted from
use, this rule decreases public burden in a collection of information
approved by OMB under control number 0694-0137 minimally, as this will
only affect specific individual listed persons. The increased burden
under 0694-0088 is reciprocal to the decrease of burden under 0694-
0137, and results in no change of burden to the public. This rule also
increases public burden in a collection of information under OMB
control number 0694-0122, as a result of the exchange of UVL statements
between private parties, and under OMB control number 0694-0134, as a
result of appeals from persons listed on the UVL for removal of their
listing. The total increase in burden hours associated with both of
these collections is expected to be minimal, as they involve a limited
number of persons listed on the UVL.
    4. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.

List of Subjects in 15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

    Accordingly, part 744 of the Export Administration Regulations (15
CFR parts 730-774) is amended as follows:

PART 744--[AMENDED]

0
1. The authority citation for 15 CFR part 744 continues to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179;
E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR,
1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222,
66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3
CFR, 2001 Comp., p. 786; Notice of January 21, 2014, 79 FR 3721
(January 22, 2014); Notice of August 7, 2014, 79 FR 46959 (August
11, 2014); Notice of September 17, 2014, 79 FR 56475 (September 19,
2014); Notice of November 7, 2014, 79 FR 67035 (November 12, 2014).

0
2. Supplement No. 6 to Part 744 is amended by:
0
a. Removing the entry for ``Dynasense Photonics Co., Limited'';
0
b. Revising the entry for ``Narpel Technology Co., Limited'';
0
c. Revising the entry for ``Powersun Electronics'';
0
d. Adding an entry for ``Pakistan''; and
0
e. Adding 11 entries, in alphabetical order, under ``Hong Kong''; and
0
f. Adding an entry, in alphabetical order, under the ``United Arab
Emirates''.
    The revisions and additions read as follows:

Supplement No. 6 to Part 744--Unverified List

* * * * *

----------------------------------------------------------------------------------------------------------------
                                                                                Federal Register citation
                 Country                           Listed person and address            and date of publication
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
HONG KONG...............................  AST Technology Group (HK) Ltd., Flat 6, 20/ 80 FR [INSERT FR PAGE
                                           F, Mega Trade Centre, 1-9 Mei Wan Street,   NUMBER] January 29, 2015.
                                           Tsuen Wan, Hong Kong; and Unit 2209, 22/
                                           F, Wu Chung House, 213, Queen's Road
                                           East, Wan Chai, Hong Kong.

                                                  * * * * * * *
                                          Daystar Electric (HK) Ltd., Flat D, 19/F,   80 FR [INSERT FR PAGE
                                           Waylee Industrial Centre, 30-38 Tsuen       NUMBER] January 29, 2015.
                                           King Circuit, Tsuen Wan, New Territories,
                                           Hong Kong; and 9/F Kam Chung Commercial
                                           Building, 19-21 Hennessy Road, Wanchai,
                                           Hong Kong.

                                          Ditis Hong Kong Ltd., Room 227-228, 2/F,    80 FR [INSERT FR PAGE
                                           Metre Centre II, 21 Lam Hing Street,        NUMBER] January 29, 2015.
                                           Kowloon Bay, Kowloon, Hong Kong; and
                                           Rooms 1318-1320, Hollywood Plaza, 610
                                           Nathan Road, Mong Kok, Kowloon, Hong
                                           Kong; and Room 205, 2/F, Sunley Centre, 9
                                           Wing Yin Street, Kwai Chung, New
                                           Territories, Hong Kong.

                                                  * * * * * * *
                                          E-Chips Technology, Unit 4, 7/F, Bright     80 FR [INSERT FR PAGE]
                                           Way Tower, No. 33 Mong Kok Road, Mong       January 29, 2015.
                                           Kok, Kowloon, Hong Kong.
                                          GS Technology Ltd., a.k.a. GS Technology    80 FR [INSERT FR PAGE
                                           Group Ltd., Flat 6, 20/F, Mega Trade        NUMBER] January 29, 2015.
                                           Centre, 1-9 Mei Wan Street, Tsuen Wan,
                                           New Territories, Hong Kong; and Unit D,
                                           16/F, Cheuk Nang Plaza, 250 Hennessy
                                           Road, Wanchai, Hong Kong.

                                                  * * * * * * *
                                          Hong Kong U.Star Electronics Technology     80 FR [INSERT FR PAGE
                                           Co., Ltd., Room 28, 8/F, Shing Yip          NUMBER] January 29, 2015.
                                           Industrial Building, 19-21 Shing Yip
                                           Street, Kwun Tong, Kowloon, Hong Kong;
                                           and Unit 5, 27/F, Richmond Commercial
                                           Building, 109 Argyle Street, Mong Kok,
                                           Kowloon, Hong Kong.
                                          Hongbo Industrial Technology, Unit 3, 9/F,  80 FR [INSERT FR PAGE
                                           Shing Yip Industrial Building, 19-21        NUMBER] January 29, 2015.
                                           Shing Yip Street, Kwun Tong, Kowloon,
                                           Hong Kong; and Unit 04, 7/F, Bright Way
                                           Tower, No. 33, Mong Kok Road, Kowloon,
                                           Hong Kong.

                                                  * * * * * * *
                                          Ling Ao Electronic Technology Co. Ltd.,     80 FR [INSERT FR PAGE
                                           a.k.a. Voyage Technology (HK) Co. Ltd.,     NUMBER] January 29, 2015.
                                           Room 17, 7/F, Metro Centre Phase 1, No.
                                           32 Lamhing St., Kowloon Bay, Hong Kong;
                                           and 15B, 15/F, Cheuk Nang Plaza, 250
                                           Hennessy Road, Hong Kong.

                                                  * * * * * * *
                                          Microlink Communication Ltd., Room 806, 8/  80 FR [INSERT FR PAGE
                                           F, Kenbo Commercial Building, No. 335-339   NUMBER] January 29, 2015.
                                           Queen's Road West, Hong Kong.
                                          Milectronic Communication Ltd., Room 2912,  80 FR [INSERT FR PAGE
                                           Tower 2, Times Square, 1 Matheson Street,   NUMBER] January 29, 2015.
                                           Causeway Bay, Hong Kong.

                                                  * * * * * * *
                                          Narpel Technology Co., Limited, Unit A, 6/  79 FR 34217, 06/16/14, 80
                                           F, Yip Fat Factory Building, Phase 1, No    FR [INSERT FR PAGE
                                           77 Hoi Yuen Road, Kwun Tong, Kowloon,       NUMBER] January 29, 2015.
                                           Hong Kong; and Room 4C, 8/F, Sunbeam
                                           Centre, 27 Shing Yip Street, Kwun Tong,
                                           Kowloon, Hong Kong; and Room 1905, Nam Wo
                                           Hong Building, 148 Wing Lok Street,
                                           Sheung Wan, Hong Kong.

                                                  * * * * * * *
                                          Powersun Electronics, Flat/Rm 502D, Hang    79 FR 34217, 06/16/14, 80
                                           Pont Commercial Building, 31 Tonkin         FR [INSERT FR PAGE
                                           Street, Cheung Sha Wan, Kowloon, Hong       NUMBER] January 29, 2015.
                                           Kong; and G/F and G/M, Winner Godown
                                           Building, 1-9 Sha Tsui Road, Tsuen Wan,
                                           New Territories, Hong Kong.

                                                  * * * * * * *
                                          Suke Logistics Ltd., Flat 6, 20/F, Mega     80 FR [INSERT FR PAGE
                                           Trade Centre, 1-9 Mei Wan Street, Tsuen     NUMBER] January 29, 2015.
                                           Wan, New Territories, Hong Kong.

                                                  * * * * * * *
PAKISTAN................................  Fauji Fertilizer Company Ltd., 156 The      80 FR [INSERT FR PAGE
                                           Mall Rawalpindi Cantt, Pakistan.            NUMBER] January 29, 2015.
                                          T.M.A. International, a.k.a. TMA            80 FR [INSERT FR PAGE
                                           International, a.k.a. Tahir Asad            NUMBER] January 29, 2015.
                                           Industries Pvt. Ltd., a.k.a. T.A.
                                           Industries Pvt. Ltd., 45-B, Ahmed Block,
                                           New Garden Town, Lahore, Pakistan; and
                                           417 Gulshan Block, Iqbal Town, Lahore,
                                           Pakistan.

                                                  * * * * * * *
UNITED ARAB EMIRATES....................  Rich Star General Trading LLC, #203 The     80 FR [INSERT FR PAGE
                                           Atrium Centre, Khalid bin Waleed Road,      NUMBER] January 29, 2015.
                                           Bur Dubai, Dubai, UAE; and P.O. Box
                                           181977, Dubai, UAE.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    Dated: January 23, 2015.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2015-01639 Filed 1-28-15; 8:45 am]
BILLING CODE 3510-33-P


[Federal Register: May 10, 2007 (Volume 72, Number 90)]
[Notices]
[Page 26617-26618]
[DOCID:fr10my07-56]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP07-232-000]

Louisville Gas and Electric Company; Notice of Application

May 4, 2007.
    Take notice that on April 27, 2007, Louisville Gas and Electric
Company (LG&E), 220 West Main Street, Louisville, Kentucky, filed an
application in Docket No. CP07-232-000 pursuant to section 7(f) of the
Natural Gas Act (NGA) and Part 157 of the Federal Energy Regulatory
Commission's (Commission) regulations requesting the determination of a
service area within which LG&E may, without further commission
authorization, enlarge or expand its natural gas distribution
facilities. LG&E also requests: (1) A finding that LG&E qualifies for
treatment as a local distribution company for the purposes of
transportation under Section 311 of the Natural Gas Policy Act; (2)
confirmation that LG&E can continue to hold its currently effective
Part 284 blanket certificate authorizing it to provide natural gas
storage service in interstate commerce at market-based rates; (3)
confirmation that LG&E may continue to make off-system sales in support
of its LDC operations; and (4) waiver of the Commission's accounting,
reporting, and other regulatory requirements ordinarily applicable to
natural gas companies under the NGA, all as more fully set forth in the
application which is on file with the Commission and open to public
inspection.
    This filing 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
<EMAIL_ADDRESS>or Telephone:<PHONE_NUMBER>; Toll-free: 1-

866-208-3676; or for TTY, contact<PHONE_NUMBER>.
    Any initial questions regarding this application should be directed
to Elizabeth L. Cocanaugher, Senior Corporate Attorney, Louisville Gas
and Electric Company, 220 West Main Street, Louisville, KY 40202, phone
(502) 627-4850, fax<PHONE_NUMBER>, and e-mail beth.cocanaugher@eon-
us.com.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS)

or EA for this proposal. The filing of the EA in the Commission's
public record for this proceeding or the issuance of a Notice of
Schedule for Environmental Review will serve to notify federal and
state agencies of the timing for the completion of all necessary
reviews, and the subsequent need to complete all federal authorizations
within 90 days of the date of issuance of the Commission staff's FEIS
or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceeding for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene to have comments
considered. The second way to participate is by filing with the
Secretary of the Commission, as soon as possible, an original and two
copies of comments in support of or in opposition to this project. The
Commission will consider these comments in determining the appropriate
action to be taken, but the filing of a comment alone will not serve to
make the filer a party to the proceeding. The Commission's rules
require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project, should submit an original and two copies of their
comments to the Secretary of the Commission. Environmental commenters
will be placed on the Commission's environmental mailing list, will
receive copies of the environmental documents, and will be notified of
meetings associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. The Commission's rules require that
persons filing comments in opposition to the project provide copies of
their protests only to the applicant. However, the non-party commenters
will not receive copies of all documents filed by other parties or
issued by the Commission (except for the mailing of environmental
documents issued by the Commission) and will not have the right to seek
court review of the commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests, and interventions via the internet in lieu of paper; see 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site under the ``e-Filing'' link.
    Comment Date: May 25, 2007.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-8969 Filed 5-9-07; 8:45 am]

BILLING CODE 6717-01-P


Richard Keigwin/DC/USEPA/US
12/11/2007 11:26 AM	To
<EMAIL_ADDRESS><EMAIL_ADDRESS>	cc
<EMAIL_ADDRESS><EMAIL_ADDRESS>Aaron
Levy/DC/USEPA/US@EPA
	bcc

	Subject
	RE: if you have your blackberry, please say yes

Burleson--

There is a revised version of the uptake assessment (the version I sent to
you at 10:42am) that represents a different range than Amanda sent you.
The revised assessment was validated against some of the EUP data.  We
believe the revised assessment is more appropriate and supportable.  This
revised range is 11,578kg to 17,367 kg (midpoint would be approximately
14,472kg).  The range represents between 0.045% and 0.068% of baseline.

--Rick

<EMAIL_ADDRESS><EMAIL_ADDRESS>12/11/2007 11:20 AM
	To
<EMAIL_ADDRESS><EMAIL_ADDRESS>	cc
	Richard Keigwin/DC/USEPA/US@EPA
	Subject
	RE: if you have your blackberry, please say yes

Amanda,

I like your numbers as they are lower than what I saw from Rick Keigwin
earlier (around 10:42 a.m.).  Any comments that can clarify this situation?

Burleson

-----Original Message-----
From<EMAIL_ADDRESS><EMAIL_ADDRESS>Sent: Tuesday, December 11, 2007 11:08 AM
To: Smith, Burleson
Cc<EMAIL_ADDRESS>Subject: RE: if you have your blackberry, please say yes

Burleson, I'm forwarding the earlier email from EPA on iodomethane.  EPA
wants to consider 11578 kg of iodomethane uptake in the 2008 FRM.  If
you concur, please let me know ASAP.

Hello Burleson and John,

EPA estimates that based on currently available information iodomethane
can replace 5,789 -- 11,578 kilograms of methyl bromide in 2008
(representing between 0.023% to 0.045% of the 1991 baseline).  Briefly,
OPP's technical estimate accounts for the following:
- 14 States have registered iodomethane
- due to time-limited registration, iodomethane will be available for 10
of 12 months in 2008 (i.e. 83% of growing season)
- there are restrictions on iodomethane, such as buffer zones, that do
not apply to  methyl bromide
- the total cost of using iodomethane is currently greater than the cost
of methyl bromide
- grower inexperience with iodomethane, and a nascent distribution
system

EPA/OPP has expressed support for any value within the technical range.
EPA/SPD supports the high end of the range primarily because other
states, most notably Florida, may register iodomethane during 2008.  SPD
also notes that while iodomethane is only registered for 10 months in
2008, the first 10 months usually accounts for more than 83% of annual
fumigation volume.

With agreement from USDA and DOS, EPA is prepared to consider 11,578 kg
of iodomethane uptake in the 2008 Final Rule, and update the preamble
accordingly.  Please respond ASAP so that we can move this rule forward.