Federal Register / Vol. 65, No. 225 / Tuesday, November 21, 2000 / Rules and Regulations 69875

exemption and are subject to all the

requirements of the Privacy Act. This

paragraph applies to the following

systems of records maintained by the

Department or one of its bureaus:

(i) Departmental Offices:

Number System name

DO .004 ............ Personnel Security System.

(ii) Bureau of Alcohol, Tobacco and

Firearms:

Number System name

ATF .006 .......... Internal Security Record

System.

ATF .007 .......... Personnel Record System.

(iii) Comptroller of the Currency:

(iv) U.S. Customs Service:

Number System name

CS .127 ............ Internal Affairs Records.

(v) Bureau of Engraving and Printing:

Number System name

BEP .004 .......... Personnel Security Files

and Indices.

(vi) Federal Law Enforcement

Training Center

(vii) Financial Management Service

(viii) Internal Revenue Service:

Number System name

IRS 34.021 ....... Personnel Security Investigations, National Background Investigations

Center.

IRS 36.008 ....... Recruiting, Examining and

Placement Records.

IRS 90.003 ....... Chief Counsel General Administrative Systems.

IRS 90.011 ....... Attorney Recruiting Files.

(ix) U.S. Mint

(x) Bureau of the Public Debt

(xi) U.S. Secret Service

(xii) Office of Thrift Supervision

(2) The Department hereby exempts

the systems of records listed in

paragraphs (m)(1)(i) through (xii) of this

section from the following provisions of

5 U.S.C. 552a, pursuant to 5 U.S.C.

552a(k)(5): 5 U.S.C. 552a(c)(3), 5 U.S.C.

552a(d)(1), (2), (3), and (4), 5 U.S.C.

552a(e)(1), 5 U.S.C. 552a(e)(4)(G), (H),

and (I), and 5 U.S.C. 552a(f).

(n) Reasons for exemptions under 5

U.S.C. 552a(k)(5). (1) The sections of 5

U.S.C. 552a from which the systems of

records are exempt include in general

those providing for individuals’ access

to or amendment of records. When such

access or amendment would cause the

identity of a confidential source to be

revealed, it would impair the future

ability of the Department to compile

investigatory material for the purpose of

determining suitability, eligibility, or

qualifications for Federal civilian

employment, Federal contracts, or

access to classified information. In

addition, the systems shall be exempt

from 5 U.S.C. 552a(e)(1) which requires

that an agency maintain in its records

only such information about an

individual as is relevant and necessary

to accomplish a purpose of the agency

required to be accomplished by statute

or executive order. The Department

believes that to fulfill the requirements

of 5 U.S.C. 552a(e)(1) would unduly

restrict the agency in its information

gathering inasmuch as it is often not

until well after the investigation that it

is possible to determine the relevance

and necessity of particular information.

(2) If any investigatory material

contained in the above-named systems

becomes involved in criminal or civil

matters, exemptions of such material

under 5 U.S.C. 552a (j)(2) or (k)(2) is

hereby claimed.

(o) Exemption under 5 U.S.C.

552a(k)(6). (1) Under 5 U.S.C.

552a(k)(6), the head of any agency may

promulgate rules to exempt any system

of records that is testing or examination

material used solely to determine

individual qualifications for

appointment or promotion in the

Federal service the disclosure of which

would compromise the objectivity or

fairness of the testing or examination

process. This paragraph applies to the

following system of records maintained

by the Department, for which exemption

is claimed under 5 U.S.C. 552a(k)(6):

Internal Revenue Service:

Number System name

IRS 36.008 ....... Recruiting, Examining and

Placement Records.

(2) The Department hereby exempts

the system of records listed in paragraph

(o)(1) of this section from the following

provisions of 5 U.S.C. 552a, pursuant to

5 U.S.C. 552a(k)(6): 5 U.S.C. 552a(c)(3),

5 U.S.C. 552a(d)(1), (2), (3), and (4), 5

U.S.C. 552a(e)(1), 5 U.S.C. 552a(e)(4)(G),

(H), and (I), and 5 U.S.C. 552a(f).

(p) Reasons for exemptions under 5

U.S.C. 552a(k)(6). The reason for

exempting the system of records is that

disclosure of the material in the system

would compromise the objectivity or

fairness of the examination process.

(q) Exempt information included in

another system. Any information from a

system of records for which an

exemption is claimed under 5 U.S.C.

552a(j) or (k) which is also included in

another system of records retains the

same exempt status such information

has in the system for which such

exemption is claimed.

[FR Doc. 00–29673 Filed 11–20–00; 8:45 am]

BILLING CODE 4810–25–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01–00–245]

Drawbridge Operation Regulations:

Rahway River, NJ

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation

from regulations.

SUMMARY: The Commander, First Coast

Guard District, has issued a temporary

deviation from the drawbridge operation

regulations governing the operation of

the Conrail Bridge, at mile 2.0, across

the Rahway River at Linden, New

Jersey. This deviation allows the bridge

owner to keep the bridge in the closed

position from 7 a.m. on November 20,

2000, through 7 p.m. on November 21,

2000. This action is necessary to

facilitate maintenance at the bridge.

DATES: This deviation is effective from

November 20, 2000, to November 21,

2000.

FOR FURTHER INFORMATION CONTACT: Judy

Yee, Project Officer, First Coast Guard

District, at (212) 668–7165.

SUPPLEMENTARY INFORMATION: The

Conrail Bridge, at mile 2.0, across the

Rahway River, has a vertical clearance

of 6 feet at mean high water, and 11 feet

at mean low water in the closed

position. The existing drawbridge

operating regulations are listed at 33

CFR 117.743.

The bridge owner, Consolidated Rail

Corporation (Conrail), requested a

temporary deviation from the

drawbridge operating regulations to

facilitate the necessary maintenance for

upgrades to the operating system at the

bridge. This deviation from the

operating regulations allows the bridge

owner to keep the bridge in the closed

position from 7 a.m. on November 20,

2000, through 7 p.m. on November 21,

2000. Vessels that can pass under the

bridge without an opening may do so at

all times during the closed period.

In accordance with 33 CFR 117.35(c),

this work will be performed with all due

speed in order to return the bridge to

normal operation as soon as possible.

This deviation from the operating

69876 Federal Register / Vol. 65, No. 225 / Tuesday, November 21, 2000 / Rules and Regulations

regulations is authorized under 33 CFR

117.35.

Dated: November 8, 2000.

Gerald M. Davis,

Captain, U.S. Coast Guard, Acting

Commander, First Coast Guard District.

[FR Doc. 00–29804 Filed 11–20–00; 8:45 am]

BILLING CODE 4910–15–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–301075; FRL–6752–4]

RIN 2070–AB78

Fenhexamid; Pesticide Tolerances for

Emergency Exemptions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation establishes a

time-limited tolerance for residues of

fenhexamid in or on pears. This action

is in response to EPA’s granting of an

emergency exemption under section 18

of the Federal Insecticide, Fungicide,

and Rodenticide Act authorizing use of

the pesticide on pears. This regulation

establishes a maximum permissible

level for residues of fenhexamid in this

food commodity. The tolerance will

expire and is revoked on December 31,

2002.

DATES: This regulation is effective

November 21, 2000. Objections and

requests for hearings, identified by

docket control number OPP–301075,

must be received by EPA on or before

January 22, 2001.

ADDRESSES: Written objections and

hearing requests may be submitted by

mail, in person, or by courier. Please

follow the detailed instructions for each

method as provided in Unit VII. of the

SUPPLEMENTARY INFORMATION. To ensure

proper receipt by EPA, your objections

and hearing requests must identify

docket control number OPP–301075 in

the subject line on the first page of your

response.

FOR FURTHER INFORMATION CONTACT: By

mail: Barbara Madden, Registration

Division (7505C), Office of Pesticide

Programs, Environmental Protection

Agency, 1200 Pennsylvania Ave., NW.,

Washington, DC 20460; telephone

number: (703) 305–6463; and e-mail

address: madden.barbara@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

You may be potentially affected by

this action if you are an agricultural

producer, food manufacturer, or

pesticide manufacturer. Potentially

affected categories and entities may

include, but are not limited to:

Categories NAICS

codes

Examples of potentially affected

entities

Industry 111 Crop production

112 Animal production

311 Food manufacturing

32532 Pesticide manufacturing

This listing is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

affected by this action. Other types of

entities not listed in the table could also

be affected. The North American

Industrial Classification System

(NAICS) codes have been provided to

assist you and others in determining

whether or not this action might apply

to certain entities. If you have questions

regarding the applicability of this action

to a particular entity, consult the person

listed under FOR FURTHER INFORMATION

CONTACT.

B. How Can I Get Additional

Information, Including Copies of This

Document and Other Related

Documents?

1. Electronically. You may obtain

electronic copies of this document, and

certain other related documents that

might be available electronically, from

the EPA Internet Home Page at http://

www.epa.gov/. To access this

document, on the Home Page select

‘‘Laws and Regulations,’’ ‘‘Regulations

and Proposed Rules,’’ and then look up

the entry for this document under the

‘‘Federal Register—Environmental

Documents.’’ You can also go directly to

the Federal Register listings at http://

www.epa.gov/fedrgstr/. To access the

OPPTS Harmonized Guidelines

referenced in this document, go directly

to the guidelines at http://www.epa.gov/

opptsfrs/home/guidelin.htm.

2. In person. The Agency has

established an official record for this

action under docket control number

OPP–301075. The official record

consists of the documents specifically

referenced in this action, and other

information related to this action,

including any information claimed as

Confidential Business Information (CBI).

This official record includes the

documents that are physically located in

the docket, as well as the documents

that are referenced in those documents.

The public version of the official record

does not include any information

claimed as CBI. The public version of

the official record, which includes

printed, paper versions of any electronic

comments submitted during an

applicable comment period is available

for inspection in the Public Information

and Records Integrity Branch (PIRIB),

Rm. 119, Mall #2, 1921 Jefferson Davis

Hwy., Arlington, VA, from 8:30 a.m. to

4 p.m., Monday through Friday,

excluding legal holidays. The PIRIB

telephone number is (703) 305–5805.

II. Background and Statutory Findings

EPA, on its own initiative, in

accordance with sections 408(e) and 408

(l)(6) of the Federal Food, Drug, and

Cosmetic Act (FFDCA), 21 U.S.C. 346a,

is establishing a tolerance for residues of

the fungicide fenhexamid, (N-2,3-

dichloro-4-hydroxyphenyl)-1-methyl

cyclohexanecarboxamide), in or on

pears at 15 parts per million (ppm). This

tolerance will expire and is revoked on

December 31, 2002. EPA will publish a

document in the Federal Register to

remove the revoked tolerance from the

Code of Federal Regulations.

Section 408(l)(6) of the FFDCA

requires EPA to establish a time-limited

tolerance or exemption from the

requirement for a tolerance for pesticide

chemical residues in food that will

result from the use of a pesticide under

an emergency exemption granted by

EPA under section 18 of FIFRA. Such

tolerances can be established without

providing notice or period for public

comment. EPA does not intend for its

actions on section 18 related tolerances

to set binding precedents for the

application of section 408 and the new

safety standard to other tolerances and

exemptions. Section 408(e) of the

FFDCA allows EPA to establish a

tolerance or an exemption from the

requirement of a tolerance on its own

initiative, i.e., without having received

any petition from an outside party.

Section 408(b)(2)(A)(i) of the FFDCA

allows EPA to establish a tolerance (the

legal limit for a pesticide chemical

residue in or on a food) only if EPA

determines that the tolerance is ‘‘safe.’’

Section 408(b)(2)(A)(ii) defines ‘‘safe’’ to

mean that ‘‘there is a reasonable

certainty that no harm will result from

aggregate exposure to the pesticide

chemical residue, including all

anticipated dietary exposures and all

other exposures for which there is

reliable information.’’ This includes

exposure through drinking water and in

residential settings, but does not include