Federal Register / Vol. 72, No. 11 / Thursday, January 18, 2007 / Proposed Rules 2211 

pursuant to 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), 

and (k)(5). Further, no exemption shall be 

asserted with respect to information 

submitted by and collected from the 

individual or the individual’s representative 

in the course of any redress process 

associated with this system of records. After 

conferring with the appropriate component 

or agency, DHS may waive applicable 

exemptions in appropriate circumstances and 

where it would not appear to interfere with 

or adversely affect the law enforcement or 

national security purposes of the systems 

from which the information is recompiled or 

in which it is contained. Exemptions from 

the above particular subsections are justified, 

on a case-by-case basis to be determined at 

the time a request is made, when information 

in this system records is recompiled or is 

created from information contained in other 

systems of records subject to exemptions for 

the following reasons: 

(a) From subsection (c)(3) because making 

available to a record subject the accounting 

of disclosures from records concerning him 

or her would specifically reveal any 

investigative interest in the individual. 

Revealing this information could reasonably 

be expected to compromise ongoing efforts to 

investigate a known or suspected terrorist by 

notifying the record subject that he or she is 

under investigation. This information could 

also permit the record subject to take 

measures to impede the investigation, e.g., 

destroy evidence, intimidate potential 

witnesses, or flee the area to avoid or impede 

the investigation. 

(b) From subsection (c)(4) because portions 

of this system are exempt from the access and 

amendment provisions of subsection (d). 

(c) From subsections (d)(1), (2), (3), and (4) 

because these provisions concern individual 

access to and amendment of certain records 

contained in this system, including law 

enforcement counterterrorism, investigatory 

and intelligence records. Compliance with 

these provisions could alert the subject of an 

investigation of the fact and nature of the 

investigation, and/or the investigative 

interest of intelligence or law enforcement 

agencies; compromise sensitive information 

related to national security; interfere with the 

overall law enforcement process by leading 

to the destruction of evidence, improper 

influencing of witnesses, fabrication of 

testimony, and/or flight of the subject; could 

identify a confidential source or disclose 

information which would constitute an 

unwarranted invasion of another’s personal 

privacy; reveal a sensitive investigative or 

intelligence technique; or constitute a 

potential danger to the health or safety of law 

enforcement personnel, confidential 

informants, and witnesses. Amendment of 

these records would interfere with ongoing 

counterterrorism, law enforcement, or 

intelligence investigations and analysis 

activities and impose an impossible 

administrative burden by requiring 

investigations, analyses, and reports to be 

continuously reinvestigated and revised. 

(d) From subsection (e)(1) because it is not 

always possible for DHS or other agencies to 

know in advance what information is 

relevant and necessary for it to complete an 

identity comparison between the individual 

seeking redress and a known or suspected 

terrorist. Also, because DHS and other 

agencies may not always know what 

information about an encounter with a 

known or suspected terrorist will be relevant 

to law enforcement for the purpose of 

conducting an operational response. 

(e) From subsection (e)(2) because 

application of this provision could present a 

serious impediment to counterterrorism, law 

enforcement, or intelligence efforts in that it 

would put the subject of an investigation, 

study or analysis on notice of that fact, 

thereby permitting the subject to engage in 

conduct designed to frustrate or impede that 

activity. The nature of counterterrorism, law 

enforcement, or intelligence investigations is 

such that vital information about an 

individual frequently can be obtained only 

from other persons who are familiar with 

such individual and his/her activities. In 

such investigations it is not feasible to rely 

upon information furnished by the 

individual concerning his own activities. 

(f) From subsection (e)(3), to the extent that 

this subsection is interpreted to require DHS 

to provide notice to an individual if DHS or 

another agency receives or collects 

information about that individual during an 

investigation or from a third party. Should 

the subsection be so interpreted, exemption 

from this provision is necessary to avoid 

impeding counterterrorism, law enforcement, 

or intelligence efforts by putting the subject 

of an investigation, study or analysis on 

notice of that fact, thereby permitting the 

subject to engage in conduct intended to 

frustrate or impede that activity. 

(g) From subsections (e)(4)(G), (H) and (I) 

(Agency Requirements) because portions of 

this system are exempt from the access and 

amendment provisions of subsection (d). 

(h) From subsection (e)(5) because many of 

the records in this system coming from other 

system of records are derived from other 

domestic and foreign agency record systems 

and therefore it is not possible for DHS to 

vouch for their compliance with this 

provision, however, the DHS has 

implemented internal quality assurance 

procedures to ensure that data used in the 

redress process is as thorough, accurate, and 

current as possible. In addition, in the 

collection of information for law 

enforcement, counterterrorism, and 

intelligence purposes, it is impossible to 

determine in advance what information is 

accurate, relevant, timely, and complete. 

With the passage of time, seemingly 

irrelevant or untimely information may 

acquire new significance as further 

investigation brings new details to light. The 

restrictions imposed by (e)(5) would limit the 

ability of those agencies’ trained investigators 

and intelligence analysts to exercise their 

judgment in conducting investigations and 

impede the development of intelligence 

necessary for effective law enforcement and 

counterterrorism efforts. The DHS has, 

however, implemented internal quality 

assurance procedures to ensure that the data 

used in the redress process is as thorough, 

accurate, and current as possible. 

(i) From subsection (e)(8) because to 

require individual notice of disclosure of 

information due to compulsory legal process 

would pose an impossible administrative 

burden on DHS and other agencies and could 

alert the subjects of counterterrorism, law 

enforcement, or intelligence investigations to 

the fact of those investigations when not 

previously known. 

(j) From subsection (f) (Agency Rules) 

because portions of this system are exempt 

from the access and amendment provisions 

of subsection (d). 

(k) From subsection (g) to the extent that 

the system is exempt from other specific 

subsections of the Privacy Act. 

Dated: January 12, 2007. 

Hugo Teufel III, 

Chief Privacy Officer. 

[FR Doc. 07–191 Filed 1–12–07; 3:38 pm] 

BILLING CODE 4410–10–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1260 

[No. LS–07–03] 

Cattlemen’s Beef Promotion and 

Research Program; Section 610 

Review 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Notice of review and request for 

comments. 

SUMMARY: This action announces the 

Agricultural Marketing Service’s (AMS) 

review of the Cattlemen’s Beef 

Promotion and Research Program, 

which is conducted under the Beef 

Promotion and Research Order (Order), 

under the criteria contained in section 

610 of the Regulatory Flexibility Act 

(RFA). 

DATES: Written comments on this notice 

must be received by March 19, 2007. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this notice of review. 

Comments must be sent to Kenneth R. 

Payne, Chief, Marketing Programs, 

Livestock and Seed Program, AMS, 

USDA, Room 2628–S, STOP 0251, 1400 

Independence Avenue, SW., 

Washington, DC 20250–0251; Fax: (202) 

720–1125; via e-mail at 

beefcomments@usda.gov or online at 

www.regulations.gov. All comments 

should reference the docket number, the 

date, and the page number of this issue 

of the Federal Register. Comments will 

be available for public inspection via 

the Internet at http:// 

www.ams.usda.gov/lsg/mpb/rp-beef.htm 

or during regular business hours. 

FOR FURTHER INFORMATION CONTACT: 

Kenneth R. Payne, Chief, Marketing 

Programs Branch, Livestock and Seed 


jlentini on PROD1PC65 with PROPOSAL
2212 Federal Register / Vol. 72, No. 11 / Thursday, January 18, 2007 / Proposed Rules 

Program, AMS, USDA, Room 2628–S, 

STOP 0251, 1400 Independence 

Avenue, SW., Washington, DC 20250–

0251 or e-mail 

Kenneth.Payne@usda.gov. 

SUPPLEMENTARY INFORMATION: The Order 

(7 CFR part 1260) is authorized under 

the Beef Promotion and Research Act of 

1985 (Act) (7 U.S.C. 2901 et seq.). This 

program is a national beef program for 

beef and beef product promotion, 

research, consumer information, and 

industry information as part of a 

comprehensive strategy to strengthen 

the beef industry’s position in the 

marketplace by maintaining and 

expanding existing domestic and foreign 

markets and by developing new markets 

for beef and beef products. The program 

is funded by a mandatory assessment of 

$1-per-head, collected each time cattle 

are sold. All producers owning and 

marketing cattle, regardless of the size of 

their operation or the value of their 

cattle, must pay the assessment. A 

comparable assessment is collected on 

all imported cattle, beef, and beef 

products. Assessments collected under 

this program are used for promotion, 

research, consumer information, and 

industry information. 

The national program is administered 

by the Cattlemen’s Beef Board (Board), 

which has 104 producer and importer 

members. Board members serve 3-year 

terms, but no individual may serve more 

than two consecutive 3-year terms. 

Producer members represent 35 States 

and 4 geographic units. The program 

became effective on July 18, 1986, when 

the Order was issued. Assessments 

began on October 1, 1986. 

On February 18, 1999, AMS 

published in the Federal Register (64 

FR 8014) its plan to review certain 

regulations. On January 4, 2002, AMS 

published in the Federal Register (67 

FR 525) an update to its plan to review 

regulations, including the Cattlemen’s 

Beef Promotion and Research Program, 

which is conducted under the Order, 

under criteria contained in section 610 

of the RFA (5 U.S.C. 601–612). Because 

many AMS regulations impact small 

entities, AMS decided, as a matter of 

policy, to review certain regulations 

that, although may not meet the 

threshold requirement under section 

610 of the RFA, warrant review. 

Accordingly, this notice and request for 

comments is made for the Order. 

The purpose of the review is to 

determine whether the Order should 

continue without change or whether it 

should be amended or rescinded 

(consistent with the objectives of the 

Act) to minimize the impact on small 

entities. AMS will consider the 

following factors: (1) The continued 

need for the Order; (2) The nature of 

complaints or comments received from 

the public concerning the Order; (3) the 

complexity of the Order; (4) the extent 

to which the Order overlaps, duplicates, 

or conflicts with other Federal rules, 

and, to the extent feasible, with State 

and local governmental rules; and (5) 

the length of time since the Order has 

been evaluated or the degree to which 

technology, economic conditions, or 

other factors have changed in the area 

affected by the Order. 

Written comments, views, opinions, 

and other information regarding the 

Order’s impact on small businesses are 

invited. 

Authority: 7 U.S.C. 2901–2918. 

Dated: January 10, 2007. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E7–598 Filed 1–17–07; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

10 CFR Part 490 

RIN 1904–AB67 

Alternative Fuel Transportation 

Program; Replacement Fuel Goal 

Modification 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy (DOE or Department). 

ACTION: Proposed rule; reopening of 

comment period. 

SUMMARY: The Office of Energy 

Efficiency and Renewable Energy 

proposed to amend the Replacement 

Fuel Goal provided under the Energy 

Policy Act of 1992 (EPAct 1992), Public 

Law 102–486. 71 FR 54771 (September 

19, 2006). The purpose of the proposed 

amendment is to revise the goal to a 

level which is achievable, in accordance 

with requirements under section 504 of 

EPAct 1992. 

Due to technical difficulties in 

receiving the electronic comments on 

the proposed rule for the Replacement 

Fuel Goal, the comment period, which 

originally ended on November 3, 2006, 

is reopened and comments will be 

accepted until January 31, 2007, to 

ensure that all comments submitted 

during the original comment period are 

entered in the docket. All comments 

already received by DOE have been 

posted in the written comments section 

of the electronic docket at http:// 

www1.eere.energy.gov/vehiclesandfuels/ 

epact/private/plg_docket.html. If 

comments were previously submitted 

but are not posted in this location, the 

comments should be resubmitted to 

DOE prior to the new deadline. 

DATES: The comment period for the 

proposed rule published on September 

19, 2006 which ended on November 3, 

2006 is reopened and extended to 

January 31, 2007. 

ADDRESSES: You may submit comments, 

identified by the number RIN 1904–

AB67, by either of the following 

methods: 

—E-mail: Submit through both 

regulatory_info@afdc.nrel.gov and 

dana.o’hara@hq.doe.gov. Include the 

number 1094–AB67 in the subject line 

of the message. 

— Mail: U.S. Department of Energy, 

Office of Energy Efficiency and 

Renewable Energy, EE–2G, RIN 1904–

AB67, 1000 Independence Avenue, 

SW., Washington, DC 20585–0121. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Dana V. O’Hara, Office of Energy 

Efficiency and Renewable Energy (EE–

2G), U.S. Department of Energy, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121; (202) 586–

9171; or Mr. Chris Calamita, Office of 

the General Counsel (GC–72), U.S. 

Department of Energy, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121; (202) 586–

9507. 

SUPPLEMENTARY INFORMATION: In the 

proposed rule published September 19, 

2006, DOE proposed to modify the 2010 

goal of 30 percent of U.S. motor fuel 

production to be supplied by 

replacement fuels, established in section 

502(b)(2) of the Energy Policy Act of 

1992, because it is not achievable. 71 FR 

54771. The Department has authority to 

review the goal and to modify it, by 

rule, if it is not achievable, and in doing 

so may change the percentage level for 

the goal and/or the timeframe for 

achievement of the goal. (42 U.S.C. 

13254(b).) The Department has 

preliminarily determined through its 

analysis that the 30 percent replacement 

fuel production goal could potentially 

be met, not by 2010, but at a later date. 

The Department consequently is 

proposing to keep the replacement fuel 

goal of 30 percent originally provided in 

EPAct 1992 (section 502(b)(2)), but 

extend the date for achieving the goal to 

2030. 

Due to technical difficulties in 

receiving the electronic comments on 

the proposed rule, the comment period 

is reopened until January 31, 2007. 

During the original comment period, 


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