Federal Register / Vol. 62, No. 39 / Thursday, February 27, 1997 / Notices 8995

opportunity to comment on proposed

and/or continuing collections of

information in accordance with the

Paperwork Reduction Act of 1995

(PRA95) [44 U.S.C. 3506(c)(2)(A)]. This

program helps to ensure that requested

data can be provided in the desired

format, reporting burden (time and

financial resources) is minimized,

collection instruments are clearly

understood, and the impact of collection

requirements on respondents can be

properly assessed. Currently, the

Employment Standards Administration

is soliciting comments concerning two

proposed extension information

collections: (1) the Notice of Final

Payment or Suspension of

Compensation Benefits (LS–208) and (2)

Request for Earnings Information (LS–

426).

Copies of the proposed information

collection requests can be obtained by

contacting the office listed below in the

addressee section of this notice.

DATES: Written comments must be

submitted to the office listed in the

addressee section below on or before

April 28, 1997. The Department of Labor

is particularly interested in comments

which:

* evaluate whether the proposed

collection of information is necessary

for the proper performance of the

functions of the agency, including

whether the information will have

practical utility;

* evaluate the accuracy of the agency’s

estimate of the burden of the proposed

collection of information, including the

validity of the methodology and

assumptions used;

* enhance the quality, utility and

clarity of the information to be

collected; and

* minimize the burden of the

collection of information on those who

are to respond, including through the

use of appropriate automated,

electronic, mechanical, or other

technological collection techniques or

other forms of information technology,

e.g., permitting electronic submissions

of responses.

ADDRESSES: Ms. Margaret Sherrill, U.S.

Department of Labor, 200 Constitution

Ave., N.W., Room S–3201, Washington,

D.C. 20210, telephone (202) 219–7601.

(This is not a toll-free number.), Fax

202–219–6592.

SUPPLEMENTARY INFORMATION:

I. Background

Under Section 14(g) of the Longshore

and Harbor Workers Compensation Act

(LHWCA), the employer or its insurance

carrier must file a report of the

compensation paid to a claimant at the

time final payment is made. The Act

requires that the form must be filed

within sixteen days of the final payment

of compensation with the District

Director in the compensation district in

which the injury occurred. The form

requests information regarding the

beginning and ending dates of

compensation payments, compensation

rates, reason payments were terminated

and types and amount of compensation

payments. Filing of the report is

mandatory as failure to do so is subject

to a civil penalty.

II. Current Actions

The Department of Labor (DOL) seeks

extension of approval to collect this

information in order to carry out its

responsibility to notify Office of

Workers’ Compensation Programs

(OWCP) District Offices that payment of

compensation benefits has been stopped

or suspended in a case. The report is

required by law. If the report were not

filed, our offices would have no way to

determine whether payments have been

suspended in a case and therefore

would not be able to effectively manage

the case file and verify that the injured

worker had received all benefits that he/

she is entitled to receive under the Act.

Type of Review: Extension.

Agency: Employment Standards

Administration.

Title: Notice of Final Payment or

Suspension of Compensation Benefits.

OMB Number: 1215–0024.

Agency Numbers: LS–208.

Affected Public: Business or other forprofit.

Total Respondents: 500.

Frequency: On occasion.

Total Responses: 28,000.

Average Time Per Response for

Reporting: 15 minutes.

Estimated Total Burden Hours: 7,000.

Total Burden Cost (capital/startup): 0.

Total Burden Cost (operating/

maintenance): $700.

I. Background

Pursuant to Section 8 of the LHWCA,

injured employees shall receive

compensation in an amount equal to 66

and two-thirds percent of their average

weekly wage. Form LS–426 is used to

verify the average weekly wage of an

injured employee to determine if the

correct compensation rate is being paid.

Pursuant to Section 10 of the Act, the

average weekly wage of the injured

employee may be determined by using

those wages earned in the occupation

which the injury occurred or wages

earned in different occupations.

Depending on whether similar or other

employment is involved, the average

weekly wage will be determined under

either Section 10 (a), (b), or (c) of the

Act.

II. Current Actions

The Department of Labor seeks

extension of approval to collect this

information to assure that injured

workers are paid at the proper

compensation rate. The form benefits

the injured worker. It provides a simple

method for him/her to provide the

OWCP with prior earnings information.

If the information were not collected,

injured workers would not be paid the

proper compensation rate in all cases.

Type of Review: Extension.

Agency: Employment Standards

Administration.

Title: Request for Earnings

Information.

OMB Number: 1215–0112.

Affected Public: Individuals or

households.

Total Respondents: 1,900.

Frequency: On occasion.

Total Responses: 1,900.

Average Time Per Response for

Reporting: 15 minutes.

Estimated Total Burden Hours: 475.

Total Burden Cost (capital/startup):

$0.

Total Burden Cost (operating/

maintenance): $665.

Comments submitted in response to

this notice will be summarized and/or

included in the request for Office of

Management and Budget approval of the

information collection requests; they

will also become a matter of public

record.

Dated: February 21, 1997.

Cecily A. Rayburn,

Director, Division of Financial Management,

Office of Management, Administration and

Planning, Employment Standards

Administration.

[FR Doc. 97–4790 Filed 2–26–97; 8:45 am]

BILLING CODE 4510–27–M

NATIONAL COUNTERINTELLIGENCE

CENTER

Privacy Act of 1974; Establishment of

a New System of Records

AGENCY: National Counterintelligence

Center (NACIC).

ACTION: Proposed establishment of a

new Privacy Ace system of records.

SUMMARY: The National

Counterintelligence Center (NACIC)

proposes to establish a new system of

records entitled the National

Counterintelligence Center System of

Records. Federal Agencies are required

by the Privacy Act of 1974 and Office

of Management and Budget Circular A–
8996 Federal Register / Vol. 62, No. 39 / Thursday, February 27, 1997 / Notices

130, Transmittal Memorandum No. 2,

July 15, 1994, to publish notice in the

Federal Register of proposed systems of

records.

DATES: The proposed new system of

records will become effective without

further notice 40 days after publication

in the Federal Register unless modified

by a subsequent notice to incorporate

comments received from the public.

Although the Privacy Act requires only

that the portion of the system which

describes the ‘‘routine uses’’ of the

system be published for comment,

NACIC invites comment on all portions

of this notice. Comments must be

received by the contact person listed

below on or before April 8, 1997.

FOR FURTHER INFORMATION WRITE:

Information and Privacy Coordinator,

Executive Secretariat Office, National

Counterintelligence Center, 3W01 NHB,

Washington, DC 20505.

SUPPLEMENTARY INFORMATION: Pursuant

to the Privacy Act, 5 U.S.C. 552a,

NACIC proposes to establish a new

system of records to be maintained at

the NACIC Office. The purpose of this

notice is to announce the creation and

character of the systems of records

maintained by NACIC. NACIC was

established under the authority of the

National Counterintelligence Policy

Board (NACIPB), in accordance with

Presidential Decision Directive/NSC–24

‘‘US Counterintelligence Effectiveness,’’

dated May 3, 1994. During 1994, in the

wake of the Aldrich Ames espionage

investigation, President Clinton ordered

a review of the overall effectiveness of

US counterintelligence (CI).That review

resulted in the establishment of a new

CI policy and coordination apparatus for

the US CI community. PDD/NSC–24

eliminated the National Advisory Group

for Counterintelligence (NAG/CI) policy

structure under the Director of Central

Intelligence (DCI) and established the

National Counterintelligence Policy

Board (NACIPB) to function as the

primary body for addressing national CI

policy issues. In addition, the directive

established NACIC for the purpose of

coordinating national level CI activities.

Although located at CIA Headquarters,

NACIC is neither a CIA entity, nor is it

part of the DCI reporting structure.

Rather, NACIC is an autonomous CI

entity that reports to the NACIPB and

the National Security Council. NACIC,

however, does work in close

coordination with the DCI’s staff and the

CIA’s Counterintelligence Center (CIA/

CIC). NACIC’s staff of employees is

currently drawn from

counterintelligence and security

professionals from the FBI, CIA, NSA,

the Department of Defense, and the

Department of State. Each individual

serves on a rotational basis from his/her

own agency, with most serving a two

year tour. Organizationally, NACIC

consists of the Offices of the Director

and Deputy Director and three

subordinate offices: the Executive

Secretariat Office (ESO), the Program

Integration Office (PIO) and the Threat

Assessment Office (TAO).

It should be noted that as a result of

its policy coordination role, NACIC’s

main concern is with coordination of

national level CI activities, not

individuals. As a result, individuals

mentioned in many of NACIC’s records

are not clearly identified by name and

address.

ESO serves as the secretariat to the

NACIPB, the National

Counterintelligence Operations Board

(NACOB), and their working groups. It

coordinates national strategic CI

planning efforts by the NACIPB and

serves as the contact with CIA’s

Community Management Staff (CMS) on

administrative, logistical, security, and

finance matters.

The PIO provides strategic guidance

and assesses the effectiveness of CI

operations; sponsors seminars and

conferences; and establishes and chairs

working groups comprised of

representatives from federal agencies.

PIO’s Community Training Branch is

responsible for facilitating the

development of organizing, and

implementing training for the CI

community and for private industry. In

some cases these have been joint efforts

with federal agencies or with private

organizations. In addition to publishing

its unclassified quarterly newsletter,

‘‘Counterintelligence News and

Developments,’’ the Training Branch

Publishes brochures and reports

developed by its Awareness Working

Group.

The TAO serves as the focal point for

facilitating the production of nationallevel, foreign intelligence threat

assessments; developing and

disseminating information relating to

foreign intelligence threats; coordinating

assessment of damage to US interests

resulting from espionage cases; and

providing CI community-wide analytic

support. TAO’s National Needs branch

is the Customer Service Branch of

NACIC. It serves as a point of contact for

non-CI federal agencies, generates

products for their use and also for use

throughout the CI community. For

example, catalog lists are maintained

indicating which agencies have

conducted threat assessments on

various countries or issues, thus saving

another agency the expense of

conducting its own threat assessment

analysis. TAO’s Analysis Branch

prepares CI community-coordinated

threat assessments. In some cases, the

assessments are tailored to satisfy an

agency’s specific concern. In other cases

they are conducted in response to a

specific incident or activity.

Statement of General Routine Uses

The following routine uses apply to,

and are incorporated by reference into

each system of records maintained by

NACIC. It should be noted that the

blanket routine uses of the records are

published below only once in the

interest of simplicity, economy and to

avoid redundancy before the individual

record system notices begin.

1. Routine Use-Law Enforcement: In

the event that a system of records

maintained by NACIC to carry out its

functions indicates a violation or

potential violation of law, whether civil,

criminal or a violation or potential

violation of law, whether civil, criminal

or regulatory in nature, and whether

arising by general statue or by

regulation, rule or order issued pursuant

thereto, the relevant records in the

system of records may be referred, as a

routine use, to the appropriate agency

whether Federal, state, local or foreign,

charged with the responsibility of

investigating or prosecuting such

violation or charged with enforcing or

implementing the statute, rule,

regulation or order issued pursuant

thereto.

2. Routine Use—Disclosure When

Requesting Information: a record from a

system of records maintained by this

component may be disclosed as a

routine use to a Federal, state, or local

agency maintaining civil, criminal, or

other relevant enforcement information

or other pertinent information, if

necessary, to obtain information

relevant to a component decision

concerning the hiring or retention of an

employee, the issuance of a security

clearance, the letting of a contract, or

the issuance of a license, grant or other

benefit.

3. Routine Use-Disclosure of

Requested Information: A record from a

system of records maintained by this

component may be disclosed to a

Federal agency, in response to its

request, in connection with the hiring or

retention of an employee, the issuance

of a security clearance, the reporting of

an investigation of an employee, the

letting of a contract, or the issuance of

a license, grant or other benefit by the

requesting agency, to the extent that the

information is relevant and necessary to

the requesting agency’s decision on the

matter.
Federal Register / Vol. 62, No. 39 / Thursday, February 27, 1997 / Notices 8997

4. Routine Use—Congressional:

Inquiries from a system of records

maintained by this component may be

made to a Congressional office from the

record of an individual in response to

an inquiry from the Congressional office

made at the request of that individual.

5. Routine Use—Disclosures Required

by International Agreements: A record

from a system of records maintained by

this component may be disclosed to

foreign law enforcement, security,

investigatory, or administrative

authorities in order to comply with

requirements imposed by, or to claim

rights conferred in, international

agreements and arrangements including

those regulating the stationing and

status in foreign countries of

Department of Defense military and

civilian personnel.

6. Routine Use-Disclosure to the

Department of Justice for Litigation: A

record from a system of records

maintained by this component may be

disclosed as a routine use to any

component of the Department of Justice

for the purpose of representing any

officer, employee or member of this

component in pending or potential

litigation to which the record is

pertinent.

7. Routine Use—Disclosure of

Information to the General Services

Administration: A record form a system

of records maintained by this

component may be disclosed as a

routine use to the General Services

Administration (GSA) for the purpose of

records management inspections

conducted under authority of 44 U.S.C.

2904 and 2906.

8. Routine Use-Disclosure of

Information to the National Archives

and Records Administration (NARA): A

record from a system of records

maintained by this component may be

disclosed as a routine use to the

National Archives and Records

Administration (NARA) for the purpose

of records management inspections

conducted under authority of 44 U.S.C.

2904 and 2906.

9. Routine Use-Disclosure to the Merit

Systems Protection Board: A record

from a system of records maintained by

this component may be disclosed as a

routine use to the Merit Systems

Protection Board, including the Office of

the Special Counsel for the purpose of

litigation, including administrative

proceedings, appeals special studies of

the civil service and other merit

systems, review of OPM or component

rules and regulation, investigation of

alleged or possible prohibited personnel

practices; including administrative

proceedings involving any individual

subject of investigation, and such other

functions, promulgated in 5 U.S.C. 1205

and 1206, or as may be authorized by

law.

10. Routine Use—Counterintelligence

Purposes: A record from a system of

records maintained by this component

may be disclosed as a routine use

outside the US Government for the

purpose of counterintelligence activities

authorized by U.S. Law or Executive

Order or for the purpose of enforcing

laws which protect the national security

of the United States.

NACIC–1

SYSTEM NAME:

National Counterintelligence System

of Records

SYSTEM LOCATION:

National Counterintelligence Center, 3

WO1 NHB, Washington, D.C. 20505

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

A. Individuals who are of foreign

intelligence or foreign

counterintelligence interest and relate in

any manner to foreign intelligence

threats to US national and economic

security.

B. Applicants for, and current and

former personnel of NACIC.

C. Individuals associated with NACIC

administrative operations or services

including pertinent functions such as

training, contractors and pertinent

persons related thereto.

CATEGORIES OF RECORDS IN THE SYSTEM:

1. Director’s Correspondence:

Correspondence whose contents relates

to NACIC’s mission, policies, or

programs; and correspondence whose

contents relates to routine,

administrative, or facilitative matters.

2. NACIC Chronoligical Files: Copies

of outgoing correspondence,

memoranda, and other records signed

by the Director, the Deputy Director,

and NACIC Office Chiefs.

3. Public Relations Files: Speeches or

public statements made by the Director

and Deputy Director.

4. NACIC Staff Meeting Records,

agendas, minutes, and ‘‘staff meeting

highlights.’’

5. Progress Reports: six month

progress reports submitted to the

National Counterintelligence Policy

Board outlining activities and

accomplishments of the NACIC.

6. Compromised Names Database. The

purpose of the database is to notify US

intelligence community personnel

whose names were potentially

compromised as a result of espionage or

other foreign intelligence collection

activity. NACIC reviews pertinent

reports to determine documents that

were possibly passed in a particular

case and then reviews those documents

for names. The database contains the

names of persons potentially

compromised, date of the memo sent to

the person or their employer informing

them, the document number of where

the person’s name came from, document

title, and document date.

7. Chronological Files of the PIO:

Copies of correspondence, memoranda,

and other records generated by PIO and

its branches in assessing the

effectiveness of CI operations,

maintained for reference purposes.

8. Publications, Training Materials

and Regional Seminars Records

Maintained by PIO’s Community

Training Branch: Letters of acceptance,

enrollment forms, thank you letters, list

of attendees, list of speakers, notes, case

studies, syllabus, training packet,

magazine or newspaper articles, and

other records used either for course

development purposes or to facilitate

the presentation of seminars.

9. Personnel Files: Individual

personnel folders of staff employees,

consultants and contract employee files

consisting of papers documenting

personnel actions; performance

appraisals; correspondence; training

documents; travel documents; contracts;

justifications; memoranda; and

administrative material. (Many of these

files are maintained on a temporary

basis while the individuals are detailed

to the NACIC. Upon their return to their

home agency, their file is returned with

them.)

10. Freedom of Information Act

(FOIA)/Privacy Act (PA) Requests and

Legal Fields: Files created in response

for information under the FOIA/PA,

consisting of the original request, a copy

of the reply thereto, and all related

supporting files which may include the

official file copy of requested record or

copy thereof; files created in response to

administrative appeals for release of

information denied by the NACIC,

consisting of the appellant’s letter, a

copy of related supporting documents;

FOIA/PA Control Files and Report Files;

Files relating to an individual’s request

to amend a record pertaining to the

individual as provided for under 5

U.S.C. 552a(d)(2), 552a(d)(3), and to any

civil action brought by the individual

against NACIC as provided under 5

U.S.C. 552a(g); Privacy Act Report files

of recurring reports and one-time

information requirements relating to

agency implementation including

biennial reports to the Office of

Management and Budget, and Report on

New Systems.
8998 Federal Register / Vol. 62, No. 39 / Thursday, February 27, 1997 / Notices

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

The Federal Records Act of 1950 Title

44, United States Code, Chapter 31,

Section 3101; and Title 36, Code of

Federal Regulations, Chapter XII,

require Federal agencies to insure that

adequate and proper records are made

and preserved to document the

organization, functions, policies,

decisions, procedures and transactions

and to protect the legal and financial

rights of the Federal Government.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

(See Statement of General Routing

Uses)

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Files are maintained in computerized

form and hard copy form. Computerized

form may be stored in memory, on disk

storage, on computer tape, or on a

computer printed listing.

RETRIEVABILITY:

Names are retrievable by automated

word or hand search. NACIC will not

permit any organization, public or

private, outside the NACIC to have

direct access to NACIC files. All

searches on the NACIC data base and

hard files will be performed on site,

within NACIC space, by NACIC

personnel.

SAFEGUARDS:

Records and databases are maintained

in a restricted area within NACIC and

are accessed only by NACIC personnel.

All employees are checked to insure

they have recent background

investigations prior to being assigned to

NACIC and are cautioned about

divulging confidential information or

any information contained in NACIC

files. Failure to abide by these

provisions may violate certain statutes

providing maximum severe penalties of

a ten thousand-dollar fine or 10 years

imprisonment, or both. Employees who

resign or retire are also cautioned about

divulging information acquired in their

jobs. Registered mail is used to transmit

routine hard copy records. Highly

classified records are hand carried by

employee personnel. Highly classified

or sensitive privacy information, which

is electronically transmitted between

NACIC and other offices, is transmitted

in encrypted form to prevent

interception.

RETENTION AND DISPOSAL:

Records evaluated as historical and

permanent will be transferred to the

National Archives after established

retention periods and administrative

needs of the NACIC have elapsed.

SYSTEM MANAGER(S) AND ADDRESS:

Information and Privacy Coordinator,

Executive Secretariat Office, National

Counterintelligence Center, 3W01 NHB,

Washington, D.C. 20505.

RECORD ACCESS PROCEDURES:

A request for access to a record from

the system shall be made in writing

with the envelope and the letter clearly

marked ‘‘Privacy Access Request’’.

Include in the request your full name,

complete address, date of birth, place of

birth, notarized signature, and other

identifying data you may wish to

furnish to assist in making a proper

search of NACIC records. A request for

access to records must describe the

records sought in sufficient detail to

enable NACIC personnel to locate the

system of records containing the record

with a reasonable amount of effort.

Whenever possible, a request for access

should describe the nature of the record

sought, and the date of the record or the

period in which the record was

compiled. The requester will also

provide a return address for transmitting

the information. Requests for access

must be addressed to the Information

and Privacy Coordinator, Executive

Secretariat Office, National

Counterintelligence Center, 3W01 NHB,

Washington, D.C. 20505.

CONTESTING RECORD PROCEDURES:

Individuals desiring to contest or

amend information maintained in the

system should also direct their request

to the Information and Privacy

Coordinator, Executive Secretatiatat

Office, National Counterintelligence

Center, 3W01 NHB, Washington, DC.

20505.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

Notice is hereby given that NACIC

intends to exempt, from certain

provisions of the Act, those systems of

records which are (A) specifically

authorized under criteria established by

an Executive Order to be kept secret in

the interest of national defense or

foreign policy and (B) are in fact,

properly classified pursuant to such

Executive Order. (5 U.S.C. 552(b)(1), as

amended by Public Law 93–502) In

addition, pursuant to authority granted

in section (j) of the Privacy Act (5 U.S.C.

552a (j)) the Director of NACIC has

determined (C) to exempt from

notification under subsections (e)(4)(G)

and (f)(1) those portions of each and all

systems of records which have been

exempted from individual access under

subsection (j), in those cases where the

Information and Privacy Coordinator,

determines after advice by responsible

components, that confirmation of the

existence of a record may jeopardize

intelligence sources and methods. In

such cases the NACIC may choose to

neither confirm nor deny the existence

of the record and may advise the

individual that there is no record which

is available to him pursuant to the

Privacy Act of 1974.

Michael Waguespack,

Director, National Counterintelligence Center.

[FR Doc. 97–4853 Filed 2–26–97; 8:45 am]

BILLING CODE 6310–02–M

NATIONAL TRANSPORTATION

SAFETY BOARD

Sunshine Act Meeting; Public Hearing

in Maine: Marine Accident

In connection with its investigation of

the ramming of the Portland Bridge at

Portland, Maine, by the Liberian Tank

Ship JULIE N on September 27, 1996,

the National Transportation Safety

Board will convene a public hearing at

9:00 a.m., (local time) on March 13,

1997, at the Sheraton Tara Hotel, 363

Maine Mall Road, South Portland,

Maine 04106. For more information,

contact Pat Cariseo, Office of Public

Affairs, Washington, D.C. 20594,

telephone (202) 314–6100.

Dated: February 25, 1997.

Bea Hardesty,

Federal Register Liaison Officer.

[FR Doc. 97–5001 Filed 2–25–97; 10:48 am]

BILLING CODE 7533–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket Nos. 50–237 and 50–249]

Commonwealth Edison Company;

Notice of Consideration of Issuance of

Amendments to Facility Operating

Licenses, Proposed No Significant

Hazards Consideration Determination,

and Opportunity for a Hearing

The U.S. Nuclear Regulatory

Commission (the Commission) is

considering issuance of an amendment

to Facility Operating License Nos. DPR–

19 and DPR–25, issued to

Commonwealth Edison Company

(ComEd, the licensee) for operation of

the Dresden Nuclear Power Station,

Units 2 and 3, located in Grundy

County, Illinois.

The proposed amendment would

change Technical Specifications (TS)

3.7.K, ‘‘Suppression Chamber,’’ and