Federal Register / Vol. 62, No. 157 / Thursday, August 14, 1997 / Notices 43527

International Brotherhood of Electrical

Workers, 6/30/97, VFA–0299

The International Brotherhood of

Electrical Workers (IBEW) filed an

Appeal from a determination issued to

it on April 28, 1997, by the Savannah

River Operations Office (SR) of the

Department of Energy (DOE). That

determination was issued in response to

a request for information submitted by

IBEW under the Freedom of Information

Act. The request sought material

regarding union-related activities at SR.

SR issued two determinations regarding

this request on October 10, 1996, and

November 8, 1996, and IBEW appealed

SR’s final responses to the Office of

Hearings and Appeals (OHA) on

December 12, 1996. In those

determinations, SR partially granted

IBEW’s request for information and

released numerous documents

responsive to IBEW’s request. On

Appeal, IBEW clarified its initial request

and OHA remanded the clarified request

back to SR for a further search for

responsive documents. SR issued a

determination which stated that it

conducted a search of its files and found

no additional documents responsive to

IBEW’s clarified request. This Appeal

challenged the adequacy of the search

conducted by SR. In considering the

Appeal, the DOE found that SR

conducted an adequate search which

was reasonably calculated to discover

documents responsive to IBEW’s

request. Accordingly, the Appeal was

denied.

Personnel Security Hearing

Personnel Security Hearing, 7/3/97,

VSO–0133

A Hearing Officer found that an

individual had not successfully

mitigated security concerns arising from

his pattern of irresponsible behavior

that tended to show that the individual

was not honest, reliable, and

trustworthy. Accordingly, the Hearing

Officer recommended in the Opinion

that the individual’s access

authorization not be restored.

Refund Applications

The Office of Hearings and Appeals

issued the following Decisions and

Orders concerning refund applications,

which are not summarized. Copies of

the full texts of the Decisions and

Orders are available in the Public

Reference Room of the Office of

Hearings and Appeals.

F. HURLBUT CO. LIQUIDATING PAR, ET AL .................................................................................................. RK272–03407 6/30/97

LOIS A. SKALLERUD, ET AL ............................................................................................................................. RK272–1967 7/2/97

RANDY CAPE, ET AL .......................................................................................................................................... RK272–04185 7/2/97

REGAL MARINE, INC, ......................................................................................................................................... RG272–608 6/30/97

Dismissals

The following submissions were dismissed.

Name Case No.

DIAMOND SHAMROCK, INC ........................................................................................................................................................... RF340–00150

ELITE AMBULANCE & MEDICAL COACH ...................................................................................................................................... RK272–04490

[FR Doc. 97–21539 Filed 8–13–97; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF ENERGY

Notice of Issuance of Decisions and

Orders During the Week of July 7

Through July 11, 1997

Office of Hearings and Appeals

During the week of July 7 through July

11, 1997, the decisions and orders

summarized below were issued with

respect to appeals, applications,

petitions, or other requests filed with

the Office of Hearings and Appeals of

the Department of Energy. The

following summary also contains a list

of submissions that were dismissed by

the Office of Hearings and Appeals.

Copies of the full text of these

decisions and orders are available in the

Public Reference Room of the Office of

Hearings and Appeals, Room 1E–234,

Forrestal Building, 1000 Independence

Avenue, SW, Washington, D.C. 20585–

0107, Monday through Friday, between

the hours of 1:00 p.m. and 5:00 p.m.,

except federal holidays. They are also

available in Energy Management:

Federal Energy Guidelines, a

commercially published loose leaf

reporter system. Some decisions and

orders are available on the Office of

Hearings and Appeals World Wide Web

site at http://www.oha.doe.gov.

Dated: August 6, 1997.

George B. Breznay,

Director, Office of Hearings and Appeals.

Department of Energy

Decision List No. 41, Week of July 7

Through July 11, 1997

Appeals

Mary J. Griffin Barnett, 7/8/97, VFA–

0303

Mary J. Griffin Barnett filed an Appeal

from a determination issued to her by

the Oak Ridge Operations Office. In her

Appeal, Barnett asserted that Oak Ridge

failed to conduct an adequate search for

medical records requested pursuant to

the FOIA. After reviewing the matter,

the DOE determined that Oak Ridge had

performed an adequate search.

Consequently, Barnetts’s Appeal was

denied.

Pedro Aponte Vazquez, 7/11/97, VFA–

0302

Pedro Aponte Vazquez filed an

Appeal from a determination issued to

him by the Chicago Operations Office.

In his Appeal, Aponte asserted that the

operations office failed to conduct an

adequate search for records related to

total body irradiation experimentation

conducted at Memorial Hospital

(predecessor to Memorial SloanKettering Institute) between 1945 and

1959. After reviewing the matter, the

DOE determined that an adequate

search had been performed.

Consequently, Aponte’s Appeal was

denied.

Personnel Security Hearing

Personnel Security Hearing, 7/7/97,

VSO–0109

A Hearing Officer issued an Opinion

regarding the eligibility of an individual

to retain an access authorization. A drug

test administered to the respondent was

positive for marijuana. The respondent

alleged that there must have been some

problem with the drug test because he

had been taking a prescription

medication at the time that contained

codeine which was not detected by the

drug test. The Hearing Officer found

that the small amount of codeine in the

medication might have been below the
43528 Federal Register / Vol. 62, No. 157 / Thursday, August 14, 1997 / Notices

amount that the test could detect.

Consequently, the respondent did not

demonstrate that the drug test was

invalid. As the respondent offered no

evidence in mitigation of his drug use,

the Hearing Officer found that his access

authorization should not be restored.

Interlocutory Order

EG&G Rocky Flats, Inc., 7/11/97, VWZ–

0008

An OHA hearing officer issued a

Decision and Order regarding a Motion

for Partial Dismissal and Limitation on

Scope of Complainant’s Claims filed in

a whistleblower proceeding under the

provisions of 10 C.F.R. part 708. The

hearing officer determined that DOE’s

whistleblower regulations do not apply

to reprisals that occurred before April 2,

1992, the effective date of those

regulations, and consequently dismissed

those portions of the complaint that

concerned those reprisals. The hearing

officer specified, however, that

protected disclosures made before April

2, 1992, may have led to reprisals that

occurred after that date, and for that

reason those disclosures are relevant to

the proceeding and evidence concerning

them will be received. The Motion to

Dismiss was, therefore, granted in part.

Refund Applications

The Office of Hearings and Appeals

issued the following Decisions and

Orders concerning refund applications,

which are not summarized. Copies of

the full texts of the Decisions and

Orders are available in the Public

Reference Room of the Office of

Hearings and Appeals.

ARCH MINERAL CORP. ET AL .......................................................................................................................... RG272–00503 7/8/97

CHICAGO MILWAUKEE CORPORATION ......................................................................................................... RF272–69326 7/8/97

CHICAGO MILWAUKEE CORPORATION ......................................................................................................... RD272–69326

GULF OIL CORPORATION/ASSOCIATED TRANSPORT ................................................................................. RF300–13114 7/11/97

LYLE BREDENKAMP ........................................................................................................................................... RF272–15943 7/11/97

STAR MANUFACTURING CO. ........................................................................................................................... RF272–57065

ST. JOSEPH CARE CENTER ................................................................................................................................ RF272–98794

Dismissals

The following submissions were dismissed.

Name Case No.

A.W. STADLER, INC./DARLING INTRNTL ...................................................................................................................................... RK272–4489

ANDERSON CLAYTON FOODS/AC HUMKO ................................................................................................................................. RK272–4401

ASHY-HUTCHISON ENT., INC. ....................................................................................................................................................... RK272–4472

[FR Doc. 97–21541 Filed 8–13–97; 8:45 am]

BILLING CODE 6450–01–P

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5874–6]

Proposed Settlement; Industrial

Process Cooling Towers Emission

Standard Litigation

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of Proposed Settlement;

Request for Public Comment.

SUMMARY: In accordance with section

113(g) of the Clean Air Act (‘‘Act’’),

notice is hereby given of a proposed

settlement of Libbey-Owens-Ford

Company v. United States

Environmental Protection Agency, No.

95–1141 (D.C. Cir.).

The case involves a challenge to the

rule entitled ‘‘National Emission

Standards for Hazardous Air Pollutants

for Industrial Process Cooling Towers,’’

published in the Federal Register at 59

FR 46,339 on September 8, 1994. The

proposed settlement provides for EPA to

issue a revision to the rule allowing

sources to demonstrate compliance

through recordkeeping in lieu of water

sample analysis.

For a period of thirty (30) days

following the date of publication of this

notice, the Agency will receive written

comments to the settlement from

persons who were not named as parties

to the litigation in question. EPA or the

Department of Justice may withhold or

withdraw consent to the proposed

settlement if the comments disclose

facts or circumstances that indicate that

such consent is inappropriate,

improper, inadequate, or inconsistent

with the requirements of the Act. Copies

of the settlement are available from

Gwendolyn Jones, Air and Radiation

Division (2344), Office of General

Counsel, U.S. Environmental Protection

Agency, 401 M Street, S.W.,

Washington, D.C. 20460, (202) 260–

7620. Written comments should be sent

to Patricia A. Embrey at the above

address and must be submitted on or

before [insert date 30 days after

publication].

Dated: August 4, 1997.

Scott C. Fulton,

Acting General Counsel.

[FR Doc. 97–21536 Filed 8–13–97; 8:45 am]

BILLING CODE 6560–50–M

FEDERAL ELECTION COMMISSION

Sunshine Act Meeting

AGENCY: Federal Election Commission.

DATE & TIME: Tuesday, August 19, 1997

at 10:00 a.m.

PLACE: 999 E Street, N.W., Washington,

D.C.

STATUS: This meeting will be closed to

the public.

ITEMS TO BE DISCUSSED:

Compliance matters pursuant to 2

U.S.C. § 437g.

Audits conducted pursuant to 2

U.S.C. § 437g, § 438(b), and Title 26,

U.S.C.

Matters concerning participation in

civil actions or proceedings or

arbitration.

Internal personnel rules and

procedures or matters affecting a

particular employee.

DATE & TIME: Thursday, August 21, 1997

at 10:00 a.m.

PLACE: 999 E Street, N.W. Washington,

D.C. (Ninth Floor).

STATUS: This meeting will be open to the

public.

ITEMS TO BE DISCUSSED:

Correction and Approval of Minutes.

Report of the Audit Division on Pete

Wilson for President Committee

(continued from meeting of July 31,

1997).

Administrative Matters.