38616 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 

Revision to the Permit 

EPA is through today’s notice revising 

part I.E.6 of the proposed permit. The 

option to submit a notice of intent (NOI) 

and nutrient management plan (NMP) 

electronically via the EPA Region 6 Web 

site has been removed from the permit 

due to unforeseen technical problems. If 

at any time such a process is 

implemented by EPA Region 6 for 

CAFO general permits, CAFOs seeking 

permit coverage under this permit may 

use electronic submission. 

Authority: Clean Water Act, 33 U.S.C. 

1251 et seq. 

Dated: July 24, 2009. 

Claudia V. Hosch, 

Acting Director, Water Quality Protection 

Division, EPA Region 6. 

[FR Doc. E9–18588 Filed 8–3–09; 8:45 am] 

BILLING CODE 6560–50–P 

FARM CREDIT ADMINISTRATION 

Privacy Act of 1974; Establishment of 

a New System of Records 

AGENCY: Farm Credit Administration. 

ACTION: Notice of establishment of a new 

system of records maintained on 

individuals; request for comments. 

SUMMARY: Pursuant to the provisions of 

the Privacy Act of 1974, as amended (5 

U.S.C. 552a), notice is hereby given that 

the Farm Credit Administration (FCA) is 

publishing an amended system notice, 

which indicates that the agency is now 

maintaining information on building 

security. 

DATES: You may send written comments 

on or before September 3, 2009. The 

FCA filed an amended System Report 

with Congress and the Office of 

Management and Budget on July 14, 

2009. This notice will become effective 

without further publication on 

September 14, 2009 unless modified by 

a subsequent notice to incorporate 

comments received from the public. 

ADDRESSES: We offer a variety of 

methods for you to submit your 

comments. For accuracy and efficiency 

reasons, commenters are encouraged to 

submit comments by e-mail or through 

the FCA’s Web site. As facsimiles (fax) 

are difficult for us to process and 

achieve compliance with section 508 of 

the Rehabilitation Act, we are no longer 

accepting comments submitted by fax. 

Regardless of the method you use, 

please do not submit your comment 

multiple times via different methods. 

You may submit comments by any of 

the following methods: 

• E-mail: Send us an e-mail at regcomm@fca.gov. 

• FCA Web site: http://www.fca.gov. 

Select ‘‘Public Commenters,’’ then 

‘‘Public Comments,’’ and follow the 

directions for ‘‘Submitting a Comment.’’ 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Robert Taylor, Privacy Act 

Officer, Farm Credit Administration, 

1501 Farm Credit Drive, McLean, VA 

22102–5090. 

You may review copies of comments 

we receive at our office in McLean, 

Virginia, or from our Web site at http:// 

www.fca.gov. Once you are in the Web 

site, select ‘‘Public Commenters,’’ then 

‘‘Public Comments,’’ and follow the 

directions for ‘‘Reading Submitted 

Public Comments.’’ We will show your 

comments as submitted but, for 

technical reasons, we may omit items 

such as logos and special characters. 

Identifying information that you 

provide, such as phone numbers and 

addresses, will be publicly available. 

However, we will attempt to remove email addresses to help reduce Internet 

spam. 

FOR FURTHER INFORMATION CONTACT: 

Bob Taylor, Privacy Act Officer, Farm 

Credit Administration, McLean, 

Virginia 22102–5090, (703) 883–4019, 

TTY (703) 883–4020, or 

Jane Virga, Office of General Counsel, 

Farm Credit Administration, McLean, 

Virginia 22102–5090, (703) 883–4071, 

TTY (703) 883–4020. 

SUPPLEMENTARY INFORMATION: This 

publication satisfies the requirement of 

the Privacy Act of 1974 that agencies 

publish a system of records notice in the 

Federal Register when there is a 

revision, change, or addition to the 

system of records. The notice reflects 

designated points of contact for 

inquiring about the system, accessing 

the records, and requesting amendments 

to the records. 

The amended system of records is: 

FCA–17, Organization Locator and 

Personnel Roster. As required by 5 

U.S.C. 552a(r) of the Privacy Act, as 

amended, the FCA has sent notice of 

this proposed system of records to the 

Office of Management and Budget, the 

Committee on Oversight and 

Government Reform of the House of 

Representatives, and the Committee on 

Homeland Security and Governmental 

Affairs of the Senate. The notice is 

published in its entirety below. 

FCA–17 

SYSTEM NAME: 

Organization Locator and Personnel 

Roster System—FCA. 

SECURITY CLASSIFICATION: 

None. 

SYSTEM LOCATION: 

Records are located at the Farm Credit 

Administration. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Current FCA employees. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Paper and electronic records. Includes 

information such as names; home 

addresses; telephone numbers; cell 

phone numbers; official titles or 

positions and organizations; 

photographs; building security zones; 

and other information associated with 

identifying and contacting personnel. 

Locator records of Agency personnel. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

12 U.S.C. 2243, 2252. 

PURPOSES: 

To contact and recall personnel when 

required; locate personnel for routine 

and emergency matters; provide mail 

distribution and forwarding addresses; 

compile a social roster for official and 

non-official functions; send personal 

greetings and invitations; establish 

building security; and locate individuals 

during medical emergencies, facility 

evacuations, and similar threat 

situations. To identify Agency 

personnel. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

See the ‘‘General Statement of Routine 

Uses.’’ 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

None. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Information stored in hard copy and 

electronically. 

RETRIEVABILITY: 

Retrievable by name. 

SAFEGUARDS: 

Access is limited to those whose 

official duties require access. File 

cabinets and rooms are locked during 

non-duty hours. Computers are 

protected by firewalls and passwords. 

RETENTION AND DISPOSAL: 

In accordance with National Archives 

and Records Administration General 

Records schedule requirements. 

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Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 38617 

SYSTEM MANAGER(S) AND ADDRESS: 

Director, Office of Management 

Services, Farm Credit Administration, 

McLean, VA 22102–5090. 

NOTIFICATION PROCEDURE: 

Direct all inquiries about this system 

of records to: Privacy Act Officer, Farm 

Credit Administration, McLean, VA 

22102–5090. 

RECORD ACCESS PROCEDURES: 

Same as above. 

CONTESTING RECORD PROCEDURES: 

Same as above. 

RECORD SOURCE CATEGORIES: 

Information in this system of records 

either comes from the individual to 

whom it applies or comes from 

information supplied by Agency 

officials. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

Dated: July 30, 2009. 

Roland Smith, 

Secretary, Farm Credit Administration Board. 

[FR Doc. E9–18603 Filed 8–3–09; 8:45 am] 

BILLING CODE 6705–01–P 

FEDERAL ELECTION COMMISSION 

[NOTICE 2009–18] 

Agency Procedure for Notice to 

Respondents in Non-Complaint 

Generated Matters 

AGENCY: Federal Election Commission. 

ACTION: Agency procedure. 

SUMMARY: The Federal Election 

Commission (‘‘Commission’’) is 

establishing a new agency procedure 

that will provide respondents in certain 

enforcement matters brought under the 

Federal Election Campaign Act of 1971, 

as amended (‘‘FECA’’) with notice of a 

non-complaint generated referral and an 

opportunity to respond thereto, prior to 

the Commission’s consideration of 

whether it has reason to believe that a 

violation of the Act has been or is about 

to be committed by such respondent. 

This program will provide respondents 

in non-complaint generated matters 

procedural protections similar to those 

of respondents in complaint-generated 

matters. Further information about the 

procedures for providing notice to 

respondents in non-complaint generated 

matters is provided in the 

supplementary information that follows. 

DATES: Effective August 4, 2009. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Mark Shonkwiler, Assistant General 

Counsel, 999 E Street, NW., 

Washington, DC 20463, (202) 694–1650 

or (800) 424–9530. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On June 11, 2003, the Commission 

held a hearing concerning its 

enforcement procedures. The 

Commission received public comments, 

many of which argued for increased 

transparency in Commission procedures 

and expanded opportunities to contest 

allegations. Comments and statements 

for the record are available at: http:// 

www.fec.gov/agenda/agendas2003/ 

notice2003–09/comments.shtml. In 

response to issues raised at the hearing, 

the Commission issued new agency 

procedures. See Statement of Policy 

Regarding Deposition Transcripts in 

Nonpublic Investigations, 68 FR 50688 

(Aug. 22, 2003); Statement of Policy 

Regarding Treasurers Subject to 

Enforcement Proceedings, 70 FR 3 (Jan. 

3, 2005). 

On December 8, 2008, the 

Commission issued a notice of public 

hearing and request for public comment 

on the compliance and enforcement 

aspects of its agency procedures. 

Agency Procedures (Notice of public 

hearing and request for public 

comments), 73 FR 74495 (Dec. 8, 2008). 

On January 14–15, 2009, the 

Commission received comment and 

testimony. The comments received by 

the Commission, as well as the 

transcript of the hearing are available at: 

http://www.fec.gov/law/policy/ 

enforcement/ 

publichearing011409.shtml. 

The Commission received numerous 

comments regarding respondents in 

non-complaint generated matters not 

receiving notice when a matter has been 

referred to the Commission’s Office of 

General Counsel (‘‘OGC’’) for 

enforcement. One commenter opined 

that the Commission should never find 

reason to believe (‘‘RTB’’) that a 

violation occurred without first giving 

the respondent the opportunity to 

respond. Another commenter 

recommended instituting a program 

whereby potential respondents in noncomplaint generated matters are given a 

written summary of the matter and an 

opportunity to respond in writing before 

the Commission makes an RTB finding, 

in order to put respondents on notice 

about the potential outcome of the 

proceeding. Other commenters urged 

the Commission to adopt procedures to 

notify committees of any internal 

referral, and to implement procedures to 

provide respondents with the 

opportunity to review and respond to 

any adverse course of action 

recommended by OGC before the 

Commission considers such 

recommendation. 

II. Procedures for Notice to 

Respondents in Non-Complaint 

Generated Matters 

The Commission is issuing a new 

agency procedure to provide 

notification to respondents of 

enforcement proceedings based on 

information ascertained by the 

Commission in the normal course of 

carrying out its supervisory 

responsibilities (i.e., non-complaint 

generated matters). See 2 U.S.C. 437g. In 

matters generated by complaints, the 

Commission may take no action on the 

complaint (other than dismissal) until 

respondents have at least 15 days after 

notification of the allegations contained 

in the complaint to answer the 

allegations. See 2 U.S.C. 437g(a)(1). 

However, the statute does not afford 

respondents the same opportunity to 

answer allegations in non-complaint 

generated matters. This agency 

procedure is intended to provide 

respondents in non-complaint generated 

enforcement matters with notice of the 

basis of the allegations, and an 

opportunity to respond. 

For matters arising from a referral 

from the Commission’s Reports Analysis 

Division or Audit Division (‘‘internal 

referrals’’), respondents will be notified 

of the referral within five days of receipt 

of the referral by OGC. The notice will 

contain a copy of the referral document 

and a cover letter setting forth the basis 

of the referral and potential violations of 

the Act and/or Commission regulations 

that arise based upon the referral. The 

respondent will then be given an 

opportunity to demonstrate that no 

action should be taken based on the 

referral, by submitting, within 15 days 

from receipt of the referral document 

and cover letter, a written explanation 

of why the Commission should take no 

action. The Commission will not take 

any action, or make any RTB finding 

against a respondent based on an 

internal referral unless it has considered 

such response or unless no such 

response has been served upon the 

Commission within 15 days. 

Under current Commission practice, 

non-complaint generated matters based 

on referrals from the U.S. Department of 

Justice or any other law enforcement or 

governmental agency (‘‘external 

referrals’’) are also deemed to be matters 

based on information ascertained in the 

normal course of carrying out its 

supervisory responsibilities. Under the 

new procedures, if OGC intends to 

initiate an enforcement proceeding 

based on an external referral, notice of 

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