Federal Register / Vol. 75, No. 156 / Friday, August 13, 2010 / Notices 49489 

Dated: August 3, 2010. 

Rebecca Clark, 

Acting Director, National Center for 

Environmental Assessment. 

[FR Doc. 2010–20083 Filed 8–12–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9189–5; EPA–HQ–OEI–2010–0263] 

Establishment of a New System of 

Records for Personal Information 

Collected by the Environmental 

Protection Agency When Certifying 

Pesticide Applicators 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice. 

SUMMARY: The Environmental Protection 

Agency’s (EPA) Office of Pesticide 

Programs, Field & External Affairs 

Division, is giving notice that it 

proposes to create a new system of 

records pursuant to the provisions of the 

Privacy Act of 1974 (5 U.S.C. 552a). 

This system of records contains 

personal information collected when 

EPA certifies persons to apply restricted 

use pesticides (RUPs). 

DATES: Persons wishing to comment on 

this new system of records notice must 

do so by September 22, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

2010–0263, by one of the following 

methods: 

• http://www.regulations.gov: Follow 

the online instructions for submitting 

comments. 

• E-mail: oei.docket@epa.gov. 

• Fax: 202–566–1752. 

• Mail: OEI Docket, Environmental 

Protection Agency, Mail code: 2822T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460. 

• Hand Delivery: OEI Docket, EPA/ 

DC, EPA West Building, Room 3334, 

1301 Constitution Ave., NW., 

Washington, DC. Such deliveries are 

only accepted during the docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OEI–2010– 

0263. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

for which disclosure is restricted by 

statute. Do not submit information that 

you consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov. The http:// 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available (e.g., CBI or other 

information for which disclosure is 

restricted by statute). Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the OEI Docket, EPA/DC, EPA West 

Building, Room 3334, 1301 Constitution 

Ave., NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the OEI Docket is (202) 566– 

1745. 

FOR FURTHER INFORMATION CONTACT: 

Jenna Carter, Office of Pesticide 

Programs, Field & External Affairs 

Division, U.S. Environmental Protection 

Agency, Mail Code 7506P, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460; telephone number 703–308– 

8370. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

The U.S. Environmental Protection 

Agency plans to create a Privacy Act 

system of records to document the 

Agency’s decisions on applications filed 

requesting certification to apply 

restricted use pesticides (RUP) under 

certification plans administered by EPA 

regional offices or the Office of Pesticide 

Programs. The types of information in 

the system include: (1) Contact 

information (e.g., name, address, 

telephone number, e-mail address); (2) 

identification information (e.g., birth 

date, proof of identification (e.g., 

driver’s license no.)), physical 

description (e.g., height, weight, gender, 

race)) (3) certification information (e.g., 

EPA certified applicator number, 

certification type (private or 

commercial), certification categories 

(e.g., aerial, aquatic, fumigation), 

certification issuance and expiration 

dates, and (4) information regarding 

qualifications (e.g., scores from EPA 

certification examinations; records of 

training and continuing education; state, 

tribal or other federal agency 

certification number(s), types, 

categories, issuance and expiration 

dates; records of compliance with 

federal, state and tribal pesticide laws). 

Some of this information is provided by 

the pesticide applicators applying for 

EPA certification, and some is generated 

during the certification process. 

The above information will be 

contained in one or more databases 

(such as Lotus Notes) that reside on 

servers in EPA offices. The database(s) 

may be specific to one particular 

pesticide applicator certification plan, 

or may encompass several EPA 

pesticide applicator certification plans. 

Records maintained in the database will 

include applications, certifications, 

Agency decisions and correspondence 

related to applicators seeking and 

maintaining EPA certifications. 

Records protected under the Privacy 

Act are subject to Agency-wide security 

requirements governing all database 

systems at EPA. Privacy is maintained 

by limiting access to database systems 

containing personal information. Access 

to any such database system is limited 

to system administrators, individuals 

responsible for evaluating the 

applications and issuing the EPA 

certification, and program personnel 

responsible for data entry. Physical 

access to the area where certifications 

are processed is limited to EPA 

employees with building key cards. 

Paper applications are stored in a locked 

cabinet when not in use. System 

administrators will routinely disclose 

certain personal information (e.g., 


emcdonald on DSK2BSOYB1PROD with NOTICES
49490 Federal Register / Vol. 75, No. 156 / Friday, August 13, 2010 / Notices 

names, addresses, EPA certification 

numbers, categories of certification) 

upon request. EPA’s Office of Pesticide 

Programs, Field & External Affairs 

Division, will exercise general oversight 

of the system of records associated with 

EPA-administered pesticide applicator 

certification plans; databases for 

particular pesticide applicator 

certification plans may be maintained 

by EPA regional offices and other 

divisions of the Office of Pesticide 

Programs as authorized by the Field & 

External Affairs Division. 

Dated: July 19, 2010. 

Linda A. Travers, 

Principal Deputy Assistant Administrator and 

Deputy Chief Information Officer. 

EPA–59 

SYSTEM NAME: 

Records of Pesticide Applicators 

Certified Under EPA-Administered 

Certification Plans 

SYSTEM LOCATION: 

USEPA, Office of Pesticide Programs, 

Field & External Affairs Division, Mail 

Code 7506P, 1200 Pennsylvania Ave., 

NW., Washington, DC 20460, and other 

EPA offices authorized by the Field & 

External Affairs Division to maintain 

portions of the system. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Persons certified or seeking 

certification to apply restricted use 

pesticides (RUPs) under Certification 

Plans administered by EPA. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

(a) Contact information (e.g., name, 

address, telephone number, email 

address). 

(b) Identification information (e.g., 

birth date, proof of identification (e.g., 

driver’s license no.), physical 

description (e.g., height, weight, gender, 

race)). 

(c) Data generated by EPA in the 

processing of the EPA certification (e.g., 

EPA certified applicator number, 

certification type (private or 

commercial), certification categories 

(e.g., aerial, aquatic, fumigation), 

certification issuance and expiration 

dates). 

(d) Information regarding 

qualifications (e.g., scores from EPA 

certification examinations; records of 

training and continuing education; state, 

tribal or other federal agency 

certification number(s), types, 

categories, issuance and expiration 

dates; records of compliance with 

federal, state and tribal pesticide laws). 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM

(INCLUDES ANY REVISIONS OR AMENDMENTS): 

Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA) Section 

11(a)(1) provides for the certification of 

RUP applicators. 40 CFR 171.11 further 

describes certification procedures 

including the completion and 

submission of certification applications 

to EPA, issuance/revocation of 

certificates, monitoring of certifications, 

and applicator recordkeeping 

requirements. 

PURPOSE(S): 

The primary purpose of the system is 

to track RUP applicator certifications 

issued by EPA under pesticide 

applicator certification plans, including 

the initial applications/issuance and 

any renewals, denials, or revocations of 

certifications. Certified applicators are 

subject to RUP recordkeeping 

requirements under FIFRA, section 11 

and 40 CFR part 171. The system may 

also be used to contribute to the 

development of inspection targeting 

schemes to verify compliance with 

recordkeeping requirements for RUPs. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS, AND

THE PURPOSES OF SUCH USES: 

RUPs may not be distributed, sold, or 

made available to persons other than 

certified applicators. The system will be 

used to record the identity and 

certification status of pesticide 

applicators certified by EPA. Certain 

personal information contained in the 

system (e.g., date of birth, drivers’ 

license numbers) will be protected from 

general disclosure under the Privacy 

Act: however, many of the records will 

be subject to general routine uses 

(http://www.epa.gov/privacy/notice/ 

general.htm), particularly routine uses 

A, B, C, F, G, H, and K. Such routine 

uses will include disclosures to RUP 

retailers and dealers in order to verify 

the status of persons claiming to be 

certified by EPA, and to state or tribal 

officials intending to grant certifications 

based upon EPA’s prior certification. 

Information from this system also may 

be disclosed for law enforcement 

purposes to federal, state, and tribal 

officials responsible for pesticide 

enforcement. Disclosure will assist in 

determining compliance and noncompliance with Federal, State, and 

tribal requirements of certified 

applicators. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

• Storage: Records will be stored 

using the Agency’s standard database 

system (e.g., Lotus Notes) and managed 

by system administrators and Pesticide 

Office personnel. 

• Retrievability: Data will be retrieved 

by the applicator’s name and 

certification action (e.g., new, 

recertification, duplicate). 

• Safeguards: 

—Standard Agency-wide protections 

for internal databases. 

—The access control list is limited to 

Agency system administrators, 

individuals responsible for evaluating 

applications and issuing the EPA 

certifications and program personnel 

responsible for data entry. No other EPA 

personnel have access to the database(s). 

Program personnel are trained to protect 

sensitive and confidential information 

submitted under FIFRA. No external 

access to the system is provided. 

• Retention and Disposal: Records 

stored in this system are subject to 

Schedule 090. 

• System Manager(s) and Address: 

Jenna Carter, Office of Pesticide 

Programs, Field & External Affairs 

Division, U.S. Environmental Protection 

Agency, Mail Code 7506P, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460; telephone number 703–308– 

8370. 

NOTIFICATION PROCEDURES: 

Requests to determine whether this 

system of records contains a record 

pertaining to you must be sent to the 

Agency’s Freedom of Information 

Office. The address is: U.S. 

Environmental Protection Agency; 1200 

Pennsylvania Ave., NW., Room 6416 

West; Washington, DC 20460; (202) 

566–1667; E-mail: (hq.foia@epa.gov); 

Attn: Privacy Act Officer. 

RECORD ACCESS PROCEDURES: 

Persons seeking access to their own 

personal information in this system of 

records will be required to provide 

adequate identification (e.g., driver’s 

license, military identification card, 

employee badge or identification card) 

and, if necessary, proof of authority. 

Additional identity verification 

procedures may be required as 

warranted. Requests must meet the 

requirements of EPA regulations at 40 

CFR part 16. 

CONTESTING RECORDS PROCEDURES: 

Requests for correction or amendment 

must identify the record to be changed 

and the corrective action sought. 

Complete EPA Privacy Act procedures 

are set out at 40 CFR part 16. 

RECORD SOURCE CATEGORIES: 

There are three sources of data for 

records stored in the system: 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 156 / Friday, August 13, 2010 / Notices 49491 

(1) State, tribal or other Federal 

certification data upon which the EPA 

certification is based. 

(2) Data provided by the requesting 

applicator at the time of its request for 

EPA certification. 

(3) Data generated by EPA in the 

processing of the EPA certification. 

SYSTEM EXEMPTED FROM CERTAIN PROVISIONS

OF THE PRIVACY ACT: 

None. 

[FR Doc. 2010–20081 Filed 8–12–10; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[CG Docket No. 03–123; FCC 10–115] 

Telecommunications Relay Services 

and Speech-to-Speech Services for 

Individuals With Hearing and Speech 

Disabilities 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice; approval of new rates. 

SUMMARY: In this document, the 

Commission adopts per-minute 

compensation rates for the July 1, 2010 

through June 30, 2011 Interstate 

Telecommunications Relay Services 

(TRS) Fund (Fund) year. This action is 

necessary because the rates for the 

previous Fund year expired on June 30, 

2010. The intended effect of this action 

is to establish reimbursement rates for 

TRS providers and an appropriate 

funding requirement for the 2010–2011 

Fund year. 

DATES: The new rates became effective 

July 1, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Diane Mason, Consumer and 

Governmental Affairs Bureau, Disability 

Rights Office at (202) 418–7126 (voice), 

(202) 418–7828 (TTY), or e-mail at 

Diane.Mason@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s 

Telecommunications Relay Services and 

Speech-to-Speech Services for 

Individuals with Hearing and Speech 

Disabilities, Order, document FCC 10– 

115, adopted June 18, 2010, and 

released June 28, 2010 in CG Docket 

number 03–123 (Order). On April 30, 

2010, the Fund administrator, the 

National Exchange Carrier Association, 

Inc. (NECA), filed its annual Interstate 

Telecommunications Relay Services 

Fund Payment Formula and Fund Size 

Estimate for the period of July 1, 2010 

through June 30, 2011. That same day, 

the Commission’s Consumer and 

Governmental Affairs Bureau (Bureau) 

released a public notice requesting 

comment on NECA’s filing. See 

National Exchange Carrier Association 

Submits the Payment Formula and 

Fund Size Estimate for the Interstate 

Telecommunications Relay Services 

Fund for the July 2010 Through June 

2011 Fund Year, CG Docket No. 03–123, 

public notice, document DA 10–761, 

published at 75 FR 26701, May 12, 2010 

(2010 TRS Rate PN). Over 22,000 

comments, reply comments, and ex 

partes were filed in response to the 2010 

TRS Rate PN. 

The full text of document FCC 10–115 

and copies of any subsequently filed 

documents in this matter will be 

available for public inspection and 

copying during regular business hours 

at the FCC Reference Information 

Center, Portals II, 445 12th Street, SW., 

Room CY–A257, Washington, DC 20554. 

Document FCC 10–115 and copies of 

subsequently filed documents in this 

matter may also be purchased from the 

Commission’s duplicating contractor, 

BCPI, Inc., Portals II, 445 12th Street, 

SW., Room CY–B402, Washington, DC 

20554. Customers may contact BCPI, 

Inc. via its Web site http:// 

www.bcpiweb.com or by calling 1–800– 

378–3160. To request materials in 

accessible formats for people with 

disabilities (Braille, large print, 

electronic files, audio format), send an 

e-mail to fcc504@fcc.gov or call the 

Consumer and Governmental Affairs 

Bureau at (202) 418–0530 (voice) or 

(202) 418–0432 (TTY). Document FCC 

10–115 can also be downloaded in 

Word or Portable Document Format 

(PDF) at: http://www.fcc.gov/cgb/dro/ 

trs.html#orders. 

Synopsis 

The Compensation Rates for VRS for the 

2010–2011 Fund Year 

1. The Commission adopts interim, 

one-year rates of $6.2390 for Tier I, 

$6.2335 for Tier II, and $5.0668 for Tier 

III for VRS by averaging NECA’s 

proposed per-minute rates calculated as 

a measure of actual, historical provider 

costs, and the current rates, which were 

based on providers’ projected costs. 

Projected costs for VRS for a given Fund 

year have consistently proven to be 

higher than actual costs for that Fund 

year, and there is currently no ‘‘true-up’’ 

mechanism for reconciling, after the 

Fund year, the rates at which providers 

are reimbursed from the Fund and their 

actual costs for the Fund year. By 

NECA’s calculation, the rates based on 

actual, historical costs would be $5.7754 

for Tier I, $6.0318 for Tier II, and 

$3.8963 for Tier III for the 2010–2011 

Fund year, all of which include 

allowances of 1.6% for cash working 

capital, 3.2% for growth in expenses, 

and $0.0083 per minute for ongoing 

E911 and ten-digit numbering costs. 

However, in light of concerns expressed 

by providers and users, and to ensure 

sufficient, quality service for users 

while the Commission considers broad 

reform, the Commission declines to 

reduce the VRS rates to that level at this 

time. 

2. Interim VRS Rates for the 2010– 

2011 Fund Year. The Commission finds 

that adopting a multi-year rate structure 

would be premature at this time. The 

Commission believes that establishing 

multi-year VRS rates at this time may 

hamper the Commission’s efforts to 

implement in a timely manner reforms 

that the Commission may determine are 

needed as a result of the 2010 VRS NOI 

proceeding. See Structure and Practices 

of the Video Relay Service Program, CG 

Docket No. 10–51, Notice of Inquiry, 

FCC 10–111, published at 75 FR 41863, 

July 19, 2010 (2010 VRS NOI). 

3. Rates Based on Actual vs. Projected 

Costs for VRS. The Commission finds 

that NECA’s use of providers’ actual, 

historical costs in proposing VRS rates 

provides a valuable point of reference 

for setting VRS rates. Specifically, a 

comparative analysis by NECA of 

providers’ projected and actual cost and 

demand over the past several years 

reveals that there is a substantial 

disparity between providers’ reported 

projected costs and demand, and what 

turns out to be their actual costs and 

demand. In particular, based on the data 

received from providers, NECA 

indicates that VRS providers’ weighted 

average actual per-minute costs as 

submitted to NECA were $4.4603 in 

2006, $3.9604 in 2007, $4.1180 in 2008, 

and $4.1596 in 2009. By contrast, the 

compensation rates were in the 

following ranges for each of those years: 

$6.644 in 2006, $6.444 to $6.77 in 2007, 

$6.30 to $6.7632 in 2008, and $6.2373 

to $6.7362 in 2009. In addition, in the 

past, the Commission has not provided 

a process for reconciling providers’ 

actual costs to their compensation from 

the Fund, and the Commission declines 

to do so here. 

4. With the benefit of four years’ data 

showing that providers’ projections 

consistently overstate their costs, the 

Commission concludes that it can no 

longer justify basing VRS compensation 

rates only on projected costs. 

Furthermore, NECA, which has been the 

Fund administrator since the inception 

of the Fund, used weighted averages in 

proposing tiered rates based on actual 

costs. To the extent that one provider 

commands a substantial share of the 

VRS market, the Commission finds that 


emcdonald on DSK2BSOYB1PROD with NOTICES