48278 Federal Register / Vol. 62, No. 178 / Monday, September 15, 1997 / Notices

6. To the Department of Justice to the

extent that each disclosure is

compatible with the purpose for which

the record was collected and is relevant

and necessary to litigation or

anticipated litigation in which one of

the following is a party or has an

interest: (a) EPA or any of its

components, (b) an EPA employee in his

or her official capacity, (c) an EPA

employee in his or her individual

capacity where the Department of

Justice is representing or considering

representation of the employee, or (d)

the United States where EPA determines

that the litigation is likely to affect the

agency.

7. In a proceeding before a court,

other adjudicative body or grand jury, or

in an administrative or regulatory

proceeding, to the extent that each

disclosure is compatible with the

purpose for which the record was

collected and is relevant and necessary

to the proceeding in which one of the

following is a party or has an interest:

(a) EPA or any of its components, (b) an

EPA employee in his or her official

capacity, (c) an EPA employee in his or

her individual capacity where the

Department of Justice is representing or

considering representation of the

employee, or (d) the United States

where EPA determines that the

litigation is likely to affect the agency.

Such disclosures include, but are not

limited to, those made in the course of

presenting evidence, conducting

settlement negotiations, and responding

to subpoenas and requests for discovery.

8. To representatives of the General

Services Administration and the

National Archives and Records

Administration who are conducting

records management inspections under

the authority of 44 U.S.C. 2904 and

2906.

9. To qualified reviewers for their

opinion and evaluation of applicants

and their proposals as part of the

application review process.

10. To other Federal government

agencies and private-sector

organizations regarding applicants or

nominees in order to coordinate joint

programs between Federal agencies,

State or local government agencies, and/

or private-sector organizations.

11. To the applicant institution for

purposes of obtaining data regarding the

application review process or award

decisions, or administering grant

awards.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Various parts of the system are

maintained on computer and/or in hard

copy files.

RETRIEVABILITY:

Information is retrieved by the name

of the principal investigator. Computer

files may also be retrieved by various

data elements in the database.

SAFEGUARDS:

All records are maintained in secured

areas with restricted access or are

accessed by unique passwords or log-in

procedures. Only EPA personnel and

agency contractors with a need-to-know

in order to perform their duties may

access the information.

RETENTION AND DISPOSAL:

Files are maintained in accordance

with approved record retention

schedules. Awarded proposals are

transferred to the Federal Records

Center one year after closeout where

they are retained for an additional six

years. Declined proposals are destroyed

three years after they are declined.

SYSTEM MANAGER(S) AND ADDRESS:

Director, Peer Review Division,

National Center for Environmental

Research and Quality Assurance Mail

(Code 8725), USEPA, 401 M St., SW,

Washington, DC 20460.

NOTIFICATION PROCEDURE:

Contact the system manager at the

above address. You may be required to

provide information to verify your

identity.

RECORD ACCESS PROCEDURE:

Same as ‘‘Notification Procedure,’’

above. In addition, please specify the

record you wish to access.

CONTESTING RECORD PROCEDURES:

Same as ‘‘Notification Procedure,’’

above. In addition, please specify the

record you wish corrected, the

requested correction, and justification

for the correction.

RECORD SOURCE CATEGORIES:

Information is obtained from the

principal investigators, academic

institutions or other applicants, peer

reviewers, and EPA and other Federal

agency personnel.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS

OF THE ACT:

The portions of this system consisting

of investigatory material which would

identify persons providing evaluations

of EPA grant applicants and

applications have been exempted

pursuant to 5 U.S.C. 552a(k)(5).

Regulations exempting this system from

certain provisions of the Privacy Act

will be published separately in the

Federal Register in accordance with the

requirements of 5 U.S.C. 553(b), (c), and

(e).

[FR Doc. 97–24212 Filed 9–12–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5888–2]

Privacy Act of 1974; ORD Peer Review

Panelist Information System (PRPIS)

System of Records

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed new Privacy Act

system of records.

SUMMARY: The United States

Environmental Protection Agency (EPA)

is publishing a notice for public

comment on a system of records subject

to the Privacy Act of 1974, 5 U.S.C.

552a. This system is entitled ‘‘ORD Peer

Review Panelist Information System

(PRPIS).’’ Additional information on

this system is described in the

Supplementary Information section of

this notice.

EFFECTIVE DATE: This proposed action

will be effective, without further notice

on October 27, 1997, unless comments

are received which result in a contrary

determination.

ADDRESSES: Comments should be

addressed to Director, National Center

for Environmental Research and Quality

Assurance (Mail Code 8701), U.S.

Environmental Protection Agency, 401

M St., SW. Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Dr.

Robert E. Menzer, Senior Science

Advisor, National Center for

Environmental Research and Quality

Assurance (Mail Code 8701), U.S.

Environmental Protection Agency, 401

M St., SW. Washington, DC 20460.

Telephone: (202) 260–5779.

SUPPLEMENTARY INFORMATION: EPA uses

the services of peer reviewers from the

scientific community to assist in

selecting the most meritorious

applications from pools of applications

or assessing the quality and

performance of awarded grants,

cooperative agreements, and

fellowships. The purpose of this system

of records is to assist EPA in conducting

and documenting the review of

applications through the use of
Federal Register / Vol. 62, No. 178 / Monday, September 15, 1997 / Notices 48279

contracted peer reviewers. The system

includes reviewer files and computergenerated records developed in

connection with the review and

decision process for awarding grants

under the terms of the Federal Grant

and Cooperative Agreement Act of 1977.

Reviewer files are comprised of (1)

personal data about potential reviewers,

who are scientists and engineers in the

academic and private sectors, (2)

information about their educational

background and expertise, (3) records of

their employment, (4) records of their

publications and other

accomplishments, (5) conflict of interest

and confidentially certifications, and (6)

records of panel participation.

Computer-generated records include

data regarding the administrative

management of the peer review process.

This system of records contains records

retrieved by the names of the peer

reviewers, universities, not-for-profit

research organizations, and other

organizations. Only information

retrievable by the names of individuals

is covered by this Privacy Act notice.

Dated: August 28, 1997.

Alvin M. Pesachowitz,

Acting Assistant Adminstrator for

Administration and Resources Management

and Chief Information Officer.

EPA–37

SYSTEM NAME:

ORD Peer Review Panelist

Information System (PRPIS) System of

Records.

SECURITY CLASSIFICATION:

None.

SYSTEM LOCATION:

National Center for Environmental

Research and Quality Assurance, Office

of Research and Development,

Waterside Mall, 401 M St., SW.

Washington, DC 20460.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

Peer reviewers who evaluate grant,

fellowship, and cooperative agreement

applicants and their applications.

CATEGORIES OF RECORDS IN THE SYSTEM:

The names of the peer reviewers,

supporting data about the academic

institutions or other institutional

affiliations of the peer reviewers,

proposal evaluations from peer

reviewers, review records, contract and

financial data, committee or panel

discussion summaries, and other agency

records containing or reflecting

comments on the applications or the

applicants from peer reviewers.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

44 U.S.C. 3101; Federal Grant and

Cooperative Agreement Act, 41 U.S.C.

501 et seq.; the Clean Air Act, as

amended, 42 U.S.C. 1857 et seq.; the

Federal Water Pollution Control Act, as

amended, 33 U.S.C. 1254 et seq.; the

Public Health Service Act, as amended,

42 U.S.C. 241 et seq.; the Solid Waste

Disposal Act, as amended by the

Resource Conservation and Recovery

Act of 1976, 42 U.S.C. 6901 et seq.; the

Federal Insecticide, Fungicide, and

Rodenticide Act, as amended, 7 U.S.C.

136 et seq.; and the Grant Act, 42 U.S.C.

1891 et seq.

PURPOSE(S):

The purpose of this system of records

is to assist EPA in conducting and

documenting the review of applications

for research grants, cooperative

agreements, and fellowships through the

use of peer reviewers from the scientific

community.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

Disclosure of information from this

system of records may be made as

follows:

1. To a Member of Congress or a

congressional office from the record of

an individual in response to an inquiry

from that Member or office made at the

request of the individual to whom the

record pertains.

2. To EPA contractors, grantees,

volunteers, and other individuals who

have been engaged to assist the Federal

Government in the performance of a

contract, grant, cooperative agreement,

or other activity related to this system

of records and who need to have access

to the records in order to perform that

activity.

3. To a Federal agency which has

requested information relevant to its

decision in connection with the hiring

or retention of an employee; the

reporting of an investigation on an

employee; the letting of a contract; or

the issuance of a security clearance,

license, grant, or other benefit.

4. To a Federal, State, or local agency

where necessary to enable EPA to obtain

information relevant to an EPA decision

concerning the hiring or retention of an

employee; the letting of a contract; or

the issuance of a security clearance,

license, grant, or other benefit.

5. To an appropriate Federal, State,

local, or foreign agency responsible for

investigating, prosecuting, enforcing, or

implementing a statute, rule, regulation,

or order, where there is an indication of

a violation or potential violation of the

statute, rule, regulation, or order and the

information disclosed is relevant to the

matter.

6. To the Department of Justice to the

extent that each disclosure is

compatible with the purpose for which

the record was collected and is relevant

and necessary to litigation or

anticipated litigation in which one of

the following is a party or has an

interest: (a) EPA or any of its

components, (b) an EPA employee in his

or her official capacity, (c) an EPA

employee in his or her individual

capacity where the Department of

Justice is representing or considering

representation of the employee, or (d)

the United States where EPA determines

that the litigation is likely to affect the

agency.

7. In a proceeding before a court,

other adjudicative body or grand jury, or

in an administrative or regulatory

proceeding, to the extent that each

disclosure is compatible with the

purpose for which the record was

collected and is relevant and necessary

to the proceeding in which one of the

following is a party or has an interest:

(a) EPA or any of its components, (b) an

EPA employee in his or her official

capacity, (c) an EPA employee in his or

her individual capacity where the

Department of Justice is representing or

considering representation of the

employee, or (d) the United States

where EPA determines that the

litigation is likely to affect the agency.

Such disclosures include, but are not

limited to, those made in the course of

presenting evidence, conducting

settlement negotiations, and responding

to subpoenas and requests for discovery.

8. To representatives of the General

Services Administration and the

National Archives and Records

Administration who are conducting

records management inspections under

the authority of 44 U.S.C. 2904 and

2906.

9. To Federal government agencies

with whom EPA cooperates in joint

grant programs.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE :

Various parts of the system are

maintained on computer and/or in hard

copy files.

RETRIEVABILITY:

Information is retrieved from hard

copy and computer files by the names

of peer reviewers. Computer records

may also be retrieved by non-personal

data elements.
48280 Federal Register / Vol. 62, No. 178 / Monday, September 15, 1997 / Notices

1Federal-State Joint Board on Universal Service,

Report and Order, CC Docket No. 96–45, FCC 97–

157 (released May 8, 1997) 62 FR 32862 (June 17,

1997).

2 Although the text of the Order discusses the

trigger mechanism only with respect to the full

$2.25 billion cap per funding year, we note that

§ 54.507(g) of the Commission’s rules states that the

trigger mechanism applies when only $250 million

remains in any funding year, which includes the

period from January 1, 1998 through June 30, 1998.

3 U.S. Department of Education, Institute of

Museum and Library Services, National

Telecommunications and Information

Administration, Rural Utilities Service, Education

and Library Networks, Report by the E-Rate

Implementation Working Group (July 31, 1997)

(Working Group Report).

SAFEGUARDS:

All records are maintained in secured

areas with restricted access or are

accessed by unique passwords or log-in

procedures. Only EPA personnel and

agency contractors with a need-to-know

in order to perform their duties may

access the information.

RETENTION AND DISPOSAL:

File is cumulative and is maintained

indefinitely.

SYSTEM MANAGER(S) AND ADDRESS:

Director, Peer Review Division,

National Center for Environmental

Research and Quality Assurance Mail

(Code 8703), USEPA, 401 M St., SW,

Washington, DC 20460.

NOTIFICATION PROCEDURE:

Contact the system manager at the

above address. You may be required to

provide information to verify your

identity.

RECORD ACCESS PROCEDURE:

Same as ‘‘Notification Procedure,’’

above. In addition, please specify the

record you wish to access.

CONTESTING RECORD PROCEDURES:

Same as ‘‘Notification Procedure,’’

above. In addition, please specify the

record you wish corrected, the

requested correction, and justification

for the correction.

RECORD SOURCE CATEGORIES:

Information is obtained from the

individual reviewers and EPA and other

Federal agency personnel.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS

OF THE ACT:

None.

[FR Doc. 97–24413 Filed 9–12–97; 8:45 am]

BILLING CODE 6560–50P

FEDERAL COMMUNICATIONS

COMMISSION

[CC Docket 96–45; DA 97–1957]

Common Carrier Bureau Seeks

Comment on Universal Service

Support Distribution Options for

Schools, Libraries, and Rural Health

Care Providers

Released: September 10, 1997.

Potential for Exhaustion of Funds

On May 8, 1997, the Federal

Communications Commission

(Commission) released a Report and

Order on Universal Service CC Docket

No. 96–45, FCC 97–157 62 FR 32862

(June 17, 1997) (Order). 1 In the Order,

the Commission determined that funds

for eligible schools, libraries, and rural

health care providers will be distributed

on a first-come first-served basis

beginning January 1, 1998. The

Commission also established a $2.25

billion annual cap on universal service

support for schools and libraries and a

$400 million annual cap for rural health

care providers. Eligible schools and

libraries will be required to participate

in a competitive bidding process to

select their service providers and will be

permitted to submit funding requests

once they have made agreements for

specific eligible services. The

Administrator will commit funds based

on those agreements on a first-come

first-served basis until only $250

million in funds remains available.

Thereafter, a system of priorities will

govern the distribution of the remaining

$250 million to provide an opportunity

for only the most economically

disadvantaged schools and libraries to

receive support. In light of the need to

implement the necessary administrative

processes, funding for the period

beginning January 1, 1998 and ending

June 30, 1998 will be limited to $1

billion for schools and libraries.

Similarly, disbursement to rural health

care providers will be limited to $100

million in the first quarter of 1998.

In response to concerns expressed

about distributing support to schools,

libraries, and rural health care providers

on a first-come, first-serve basis, we seek

comment on the following issues:

(1) Whether a ‘‘window’’ period

should be established in which all

beneficiaries filing within that period

would be given equal priority. We seek

comment on the length of the period in

which any such window should remain

open and as to whether there should be

a ‘‘rolling’’ or ongoing series of

windows, e.g., a series of two-week

windows during which all beneficiaries

filing within that two-week period

would be given equal priority.

(2) Whether to clarify that the rules of

priority for distributing funds to schools

and libraries set forth in § 54.507 of the

Commission’s rules, 47 CFR 54.507,

apply to the $1 billion available

between January 1, 1998 through June

30, 1998. That is, if expenditures

between January 1, 1998 and June 30,

1998 reach the level where only $250

million remains before the $1 billion

cap is reached, the remaining funds will

be distributed in accordance with the

rules of priority. 2

(3) We also seek comment on whether

a mechanism to prioritize requests from

rural health care providers should be

adopted in the event that requests

exceed available funds. For example,

should a mechanism be established to

ensure that funds are distributed to rural

health care providers located in all

regions of the country? We seek

comment on whether such a mechanism

should be permanent or should apply

only in the first quarter of 1998, when

collection for rural health care is limited

to $100 million.

(4) We also seek comment on whether

other methods might ensure a broad and

fair distribution of funds, particularly at

the earliest stages of these support

programs.

Allocation of Aggregated Requests for

Funds

In the Order, the Commission held

that schools and libraries may apply for

funds on an individual basis, by school

district, by state, or by consortium. In

the event that a school district or a state

applies for support on behalf of its

schools, the school district or state may

compute the discounts on an individual

school basis or may compute an average

discount. The state or school district

shall strive to ensure that each school

receives the full benefit of the discount

to which it is entitled. On July 31, 1997,

the ‘‘E-Rate Implementation Working

Group,’’ comprised of the U.S.

Department of Education, Institute of

Museum and Library Services, National

Telecommunications and Information

Administration, Rural Utilities Service,

and Education and Library Network

Coalition, filed a report with the

Commission in CC Docket 96–45 in

response to the Commission’s request

for recommendations on certain issues

regarding universal service support for

schools and libraries. 3 The Working

Group Report proposes a method for

allocating support to individual

institutions that apply for funds on an

aggregated (e.g., statewide or

districtwide) basis. We seek comment

on that proposal. Copies of the report