8990 Federal Register / Vol. 65, No. 36 / Wednesday, February 23, 2000 / Notices

performance can be referenced and

evaluated when the Division seeks an

appraiser for work in anticipated or

pending litigation. (2) Title evidence

information is maintained so that a

provider’s performance can be

referenced when the Division seeks a

qualified provider for work being

reviewed.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

PURPOSES OF SUCH USES:

(1) Records may be disclosed to the

National Archives and Records

Administration in records management

inspections conducted under the

authority of 44 U.S.C. 2904 and 2906.

(2) Records relating to attorneys,

abstractors, or title companies may be

disclosed to other Federal agencies to

help them hire such professionals.

DISCLOSURE TO CONSUMER REPORTING

AGENCIES:

None.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Information is kept on a computer

database.

RETRIEVABILITY:

Information is retrieved by name of

the subject, Department of Justice case

number, appraisal review number, or

land unit number.

SAFEGUARDS:

Only employees of the Land

Acquisition Section with access to the

Division computer system have access

to the system of records.

RETENTION AND DISPOSAL:

Records are retained during their

useful life subject to National Achieves

and Records administration record

retention schedules.

SYSTEM MANAGER(S) AND ADDRESS:

Chief, Land Acquisition Section,

Environment and Natural Resources

Division, U.S. Department of Justice,

601 Pennsylvania Avenue, NW.,

Washington, DC 20004.

NOTIFICATION PROCEDURE:

Address inquiries to the FOIA/Privacy

Act Coordinator; Environment and

Natural Resources Division; Policy,

Legislation and Special Litigation

Section; PO Box 4390; Ben Franklin

Station; Washington, DC 20044–4390.

RECORD ACCESS PROCEDURES:

Submit in writing all requests for

access, and clearly mark the envelope

and letter, ‘‘Privacy Act Access

Request.’’ Include in the request you full

name, data and place of birth, case

caption, or other information which

may assist in locating the records you

seek. Also include your notarized

signature and a return address. Direct all

access requests to the the FOIA/Privacy

Act Coordinator; Environment and

Natural resources Division; Policy,

Legislation and Special Litigation

Section; PO Box 4390, Ben Franklin

Station, Washington, DC 20044–4390.

CONTESTING RECORD PROCEDURES:

If you wish to contest or amend

information maintained in the system,

Direct your request to the FOIA/PA

Coordinator Stating Clearly and

concisely what information is being

contested, the reasons for contesting it,

and the proposed amendment to the

information you seek.

RECORD SOURCE CATEGORIES:

The record subject is the principal

record source. The sources may be

supplemented by others having

knowledge of the subject’s professional

qualifications.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

[FR Doc. 00–3115 Filed 2–22–00; 8:45 am]

BILLING CODE 4410–CJ–M

DEPARTMENT OF JUSTICE

[AAG/A Order No. 192–2000]

Privacy Act of 1974; System of

Records

AGENCY: Department of Justice.

ACTION: Notice of a Modified System of

Records.

SUMMARY: Under the provisions of the

Privacy Act of 1974 (5 U.S.C. 552a), the

Environment and Natural Resources

Division, Department of Justice,

proposes to modify a system of records

last published in the Federal Register

on December 11, 1987 (52 FR 47274),

and entitled, ‘‘Lands Docket Tracking

System (JUSTICE/LDN–003).’’ The

Division proposes these modifications

because the Lands Docket Tracking

System has been replaced by a successor

case management and tracking system

and it did not include the broader

category of the Division’s case-related

files.

Specifically, the Division will modify

the system notice by renaming it,

‘‘Environment and Natural Resources

Division Case and Related Files System

(JUSTICE/ENDR–003)’’; revising the

category of records covered by the

system (adding case files and attorney

and employee timekeeping files);

revising the description of the case

tracking system to reflect new and

successor programs; adding routine uses

for the new category of records

(primarily relating to the management

and handling of case files during

investigation and litigation, and to

public access to the records pursuant to

federal statutes or regulations); deleting

and revising routine uses to provide

clarity and additional specificity;

revising the categories of records to

show that the system contains national

security, civil investigatory and criminal

law enforcement information; and

indicating that a rule has been

promulgated to exempt the system from

certain Privacy Act provisions. Because

of the number of changes made and for

public convenience, the revised system

notice has been printed below in full,

replacing the previous notice in its

entirety. The exemption of this system

is more fully described in the Proposed

Rules Section of today’s Federal

Register.

Section 552a(e)(4) and (11) of the

Privacy Act require that the public be

given 30 days to comment on new

routine uses of information in the

system. The Office of Management and

Budget (OMB), which has oversight

responsibility under the Act, requires 40

days to review the proposed new

routine uses and exemptions for the

system. Therefore, the public, OMB, and

the Congress are invited to submit

written comments by April 3, 2000.

DATES: The proposed modifications to

the System of Records will be effective

April 3, 2000, unless comments are

received that result in a contrary

determination.

ADDRESSES: Submit written comments

to the Department of Justice, Attn: Mary

E. Cahill, Management Analyst,

Management and Planning Staff, Justice

Management Division, Department of

Justice, National Place Building, Room

1400 North, 1331 Pennsylvania Avenue,

NW, Washington, DC 20530. If no

comments are received, the proposal

will be implemented without further

notice in the Federal Register.

Dated: January 27, 2000.

Stephen R. Colgate,

Assistant Attorney General for

Administration.

JUSTICE/ENRD–003

System name: Environment and

Natural Resources Division Case and

Related Files System.

Security classification: Unclassified.

System location: Environment and

Natural Resources Division, U.S.

Department of Justice, 950 Pennsylvania

Federal Register / Vol. 65, No. 36 / Wednesday, February 23, 2000 / Notices 8991

Ave., NW, Washington, DC 20530; DC

offices (601 D Street, NW, Washington,

DC 20004; 601 Pennsylvania Ave., NW,

Washington, DC 20004; 1425 New York

Ave., NW, Washington, DC 20005; 801

Pennsylvania Ave., NW, Washington,

DC 20004); field offices (in Anchorage,

AK; Sacramento, CA; San Francisco,

CA; Denver, CO; Newton Corner, MA;

and Seattle, WA); and Federal Records

Center, Suitland, MD 20409.

Categories of individuals covered by

the system: (a) Individuals being

investigated in anticipation of civil or

criminal suits; (b) Individuals involved

in civil or criminal suits; (c) Defense or

plaintiff’s counsel(s); (d) Information

sources; (e) Individuals relevant to the

development of civil or criminal suits,

including expert and other witnesses; (f)

Individual plaintiffs or defendants; and

(g) Attorneys, paralegals, and other

employees of the Environment and

Natural Resources Division directly

involved in these cases or matters.

Categories of records in the system:

(1) Records in this system are

established and maintained for litigation

and related activities by the

Environment and Natural Resources

Division, including, but not limited to,

the protection, use and development of

natural resources and public lands,

wildlife protection, Indian rights and

claims, cleanup of hazardous waste

sites, acquisition of private property for

federal use, prosecution of

environmental crimes, enforcement of

environmental laws, and defense of

environmental challenges to

government programs and activities.

The case files contain court records

(such as briefs, motions, and orders),

inter-agency and intra-agency

correspondence, legal research, and

other related documents. These records

may include civil investigatory and/or

criminal law enforcement information

and information classified pursuant to

Executive Order to protect national

security interests. (2) Summary

information of these cases or matters

(such as names of principal parties or

subjects, court docket numbers, status,

and attorney assignments) is maintained

in an automated case management

system (CMS). (3) A timekeeping

function for attorneys, paralegals, and

other employees of the Environment

and Natural Resources Division

supplements the automated case

management system.

Authority for maintenance of the

system: Authority to establish and

maintain this system is contained in 5

U.S.C. 301 and 44 U.S.C. 3101, which

authorize the Attorney General to create

and maintain federal records of agency

activities.

Purpose(s): Case records are

maintained to litigate or otherwise

resolve civil or criminal cases or matters

handled by the Environment and

Natural Resources Division. The

automated case tracking and

timekeeping system are maintained to

manage and evaluate the Division’s

litigation and related activities.

Routine uses of records maintained in

the system, including categories of users

and the purposes of such uses:

(a) In any case in which there is an

indication of a violation or potential

violation of law (civil, criminal, or

regulatory in nature), the record may be

disseminated to the appropriate federal,

state, local, tribal, or foreign agency

charged with the responsibility of

investigating, defending or pursuing

such violation, civil or criminal claim or

remedy, or charged with enforcing,

defending or implementing such law;

(b) In the course of investigating a

potential or actual violation of any law,

or during the course of (or in

preparation for) a trial or hearing for

such a violation, a record may be

disseminated to an individual, agency

or organization, if there is reason to

believe that such individual, agency or

organization possesses relevant

information relating to the investigation

(or trial or hearing) and the

dissemination is reasonably necessary to

elicit information or to obtain the

cooperation of a witness or an agency;

(c) A record relating to a case or

matter may be disseminated in a federal,

state, local, or tribal administrative or

regulatory proceeding or hearing in

accordance with the procedures

governing such proceeding or hearing;

(d) A record relating to a case or

matter may be disseminated to an actual

or potential party of his or her attorney,

or a third party neutral, for the purpose

of negotiation or discussion on such

matters as settlement of the case or

discussion on such matters as

settlement of the case or matter, and for

formal or informal discovery

proceedings;

(e) A record relating to a case or

matter that has been referred by an

agency for investigation, civil or

criminal action, enforcement or defense,

or that involves a case or matter within

the jurisdiction of an agency, may be

disseminated to such agency to notify

the agency of the status of the case or

matter, or of any decision or

determination that has been made, or to

make such other inquiries and reports as

are necessary during the processing of

the case or matter;

(f) A record relating to a case or matter

may be disseminated to a foreign

country, through the United States

Department of State or directly to the

representative of such country, pursuant

to an international treaty or convention

entered into and ratified by the United

States or to an executive agreement;

(g) A record may be disseminated to

a foreign country, through the

Department of Justice Civil Division,

United States Department of State, or

directly to the representative of such

country, to the extent necessary to assist

such country in general crime

prevention, the pursuit of civil or

criminal judicial actions or general civil

regulatory or administrative actions, or

to provide investigative leads to such

country, or assist in the location and/or

returning of witnesses and other

evidence;

(h) A record, or facts derived from it,

may be disclosed in a grand jury

proceeding or in a proceeding before a

court or adjudicative body before which

the Environment and Natural Resources

Division is authorized to appear when

the United States, or any of its agencies

or subdivisions, is a party to litigation,

and the Environment and Natural

Resources Division has determined that

such records are arguably relevant to the

litigation;

(i) Information permitted to be

released to the news media and the

public pursuant to 28 CFR 50.2

(Department of Justice regulations

setting forth guidelines for disclosure of

information to the media) may be made

available from this system of records

unless it is determined that release of

the specific information in the context

of a particular case would constitute an

unwarranted invasion of personal

privacy;

(j) A record may be disseminated to a

federal, state, or local agency, in

response to its request, in connection

with the hiring or retention of an

employee, the issuance of 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 relates to the requesting

agency’s decision on the matter;

(k) Pursuant to Subsection b(12) of the

Privacy Act, records relating to an

individual who owes an overdue debt to

the United States may be disseminated

to a federal agency which employs the

individual; a consumer reporting

agency; a federal, state, local or foreign

agency; or the Internal Revenue Service

(IRS);

(l) Information contained in this

system of records may be made

available to a Member of Congress or

staff acting upon the Member’s behalf

when the Member or staff requests the

8992 Federal Register / Vol. 65, No. 36 / Wednesday, February 23, 2000 / Notices

information on the behalf of and at the

request of the individual who is the

subject of the records, even if the

information would not otherwise be

available under the Freedom of

Information Act, 5 U.S.C. 552.

(m) Records may be disclosed to the

National Archives and Records

Administration in records management

inspections conducted under the

authority of 44 U.S.C. 2904 and 2906.

(n) Information may be released to

complainants or victims to the extent

necessary to provide such persons with

information and explanations

concerning the progress or results of the

investigation or case arising from their

complaint or involvement as a victim.

(o) Timekeeping records may be

disclosed to opposing parties and to

courts in litigation regarding litigation

costs.

Disclosure to consumer reporting

agencies: See Routine Use (k) listed

above.

Policies and practices for storing,

retrieving, accessing, retaining and

disposing of records of the system:

Storage: All information, except that

specified in this paragraph, is recorded

on computer files or basic paper/

cardboard material that is stored in file

folders, file cabinets, shelves, or safes.

Some material is recorded and stored on

other data processing storage forms.

Retrievability: Information is retrieved

primarily by name of the case or person,

case number, complaint number or

court docket number. Information

within this system of records may be

accessed by Environment and Natural

Resources Division employees by means

of the Case Management System (CMS)

or successor systems.

Safeguards: Information in the system

is both confidential and nonconfidential

and located in file cabinets in the

Environment and Natural Resources

Division offices in Washington, D.C.,

and field office locations. Information

also is located in litigation support

contract document centers and off-site

storage locations. Confidential materials

are in locked file drawers and safes, and

nonconfidential materials are in

unlocked file drawers. Offices are

secured by either Federal Protective

Service or private building guards.

Information that is retrievable by

Environment and Natural Resources

Division personnel trained to access the

Case Management System (CMS) or the

time-keeping system or successor

systems within various Environment

and Natural Resources Division offices

is password protected and required

access to the Department’s secure

Justice Consolidated Office Automation

Network (JCON).

Retention and Disposal: Records are

retained or disposed of after a case is

closed in accordance with a retention

and disposal schedule approved by the

National Archives and Records

Administration. The time period that

records are maintained ranges from 10

years after a matter is closed to

permanently.

System manager(s) and address: The

System Manager is the Assistant

Director, Office of Information

Technology, in coordination with the

Office of Planning and Management’s

Records Management Unit.

Notification Procedure: Address

inquiries to the FOIA/Privacy Act

Coordinator; Environment and Natural

Resources Division; Policy, Legislation

and Special Litigation Section; PO Box

4390; Ben Franklin Station; Washington,

DC 20044–4390.

Record Access Procedures: Portions of

this system are exempt from disclosure

and contest by 5 U.S.C. 552a(j)(2), (k)(1)

and/or (k)(2). An individual who is the

subject of a record in this system may

access those records that are not exempt

from disclosure. A determination

whether a record may be accessed will

be made at the time a request is

received. Submit in writing all requests

for access, and clearly mark the

envelope and letter, ‘‘Privacy Act

Access Request.’’ Include in the request

your full name, date and place of birth,

case caption, or other information

which may assist in locating the records

you seek. Also include your notarized

signature and a return address. Direct all

access requests to the FOIA/Privacy Act

Coordinator; Environment and Natural

Resources Division; Policy, Legislation

and Special Litigation Section; PO Box

4390, Ben Franklin Station, Washington,

DC 20044–4390.

Contesting Record Procedures:

Portions of this system are exempt from

this requirement under 5 U.S.C.

552a(j)(2), (k)(1) and/or (k)(2). An

individual may contest those records

that are not subject to exemption. A

determination whether a record is

exempt from contest shall be made at

the time a request for contest is

received. If you wish to contest or

amend information maintained in the

system, direct your request to FOIA/PA

Coordinator stating clearly and

concisely what information is being

contested, the reasons for contesting it,

and the proposed amendment to the

information you seek.

Record Source Categories: Sources of

information contained in this system

include, but are not limited to

investigative reports of client agencies

of the Department of Justice; discovery

materials; other than non-Department of

Justice forensic reports; statements of

witnesses and parties; verbatim

transcripts of depositions and court

proceedings; data, public reports,

memoranda and reports from the court

and agencies thereof; and the work

product of Environment and Natural

Resources Division Attorneys,

Department of Justice attorneys,

investigators, staff, and legal assistants

working on particular cases or matters.

Exemptions claimed for the system:

The Privacy Act authorizes an agency to

promulgate rules to exempt any system

of records (or part of a system of

records) from certain Privacy Act

requirements, if the system of records is

maintained by an agency which

performs as its principal function any

activity pertaining to the enforcement of

criminal laws (5 U.S.C. 552a(j)(2)); it is

investigatory material compiled for law

enforcement purposes (5 U.S.C.

552a(k)(2)); or it is required by

Executive Order to be kept secret in the

interest of national defense or foreign

policy (5 U.S.C. 552a(k)(1).

Under these authorities, the Attorney

General has promulgated rules to

exempt those records in this system that

pertain to the enforcement of criminal

laws, that are investigatory materials

compiled for law enforcement purposes,

or that are classified secret by an

Executive Order, from the following

Privacy Act requirements: (1) The

requirement under (c)(3) to make

available to the individual named in the

record an accounting of the

circumstances under which records

about the individual were disclosed; (2)

the requirement under (e)(1) to maintain

only such information about an

individual that is relevant and necessary

to accomplish a purpose of the agency;

and (3) the requirement under (f) to

establish agency procedures to respond

to an individual’s request for

information about himself. The Attorney

General also has promulgated a rule to

exempt records in this system compiled

for criminal enforcement purposes from

these additional requirements: (1) The

requirement under (c)(4) to inform any

party or agency that received an

individual’s records about any

subsequent corrections made to the

record; (2) the requirement under (e)(2)

to collect information to the greatest

extent practicable directly from the

individual when the information may

result in adverse determinations about

an individual’s rights, benefits and

privileges under Federal programs; (3)

the requirement under (e)(3) to inform

each individual from whom information

is collected of the authority for the

information the principal purposes for

the information, the routine uses, and

Federal Register / Vol. 65, No. 36 / Wednesday, February 23, 2000 / Notices 8993

the effects, if any, of not providing the

information; (4) the requirement under

(e)(5) to maintain all records with such

accuracy, relevance, timeliness and

completeness as is reasonably necessary

to assure fairness to the individual, (5)

the requirement under (e)(8) to make

reasonable efforts to serve notice on an

individual when any record on the

individual is made available to any

person under compulsory legal process

when that process becomes a matter of

public record; and (6) the authority

under (g) providing that individuals

may bring a civil action against the

agency for violations of the Privacy Act.

[FR Doc. 00–3116 Filed 2–22–00; 8:45 am]

BILLING CODE 4410–CJ–M

DEPARTMENT OF LABOR

Office of the Secretary; Submission for

OMB review; comment request

Dated: February 16, 2000.

The Department of Labor (DOL) has

submitted the following public

information collection requests (ICRs) to

the Office of Management and Budget

(OMB) for review and approval in

accordance with the Paperwork

Reduction Act of 1995 (Pub. L. 104–13,

44 U.S.C. Chapter 35). A copy of each

individual ICR, with applicable

supporting documentation, may be

obtained by calling the Department of

Labor. To obtain documentation for

BLS, ETA, PWBA, and OASAM contact

Karin Kurz (202) 219–5096 ext. 159 or

by E-mail to Kurz-Karin@dol.gov). To

obtain documentation for ESA, MSHA,

OHSA, and VETS contact Darrin King

(202) 219–5096 ext. 151 or by E-Mail to

King-Darrin@dol.gov).

Comments should be sent to Office of

Information and Regulatory Affairs,

Attn: OMB Desk Officer for BLS, DM,

ESA, ETA, MSHA, OSHA, PWBA, or

VETS, Office of Management and

Budget, Room 10235, Washington, DC

20503 (202) 395–7316), within 30 days

from the date of this publication in the

Federal Register.

The OMB 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 submission of

responses.

Type of Review: Reinstatement,

without change.

Agency: Employment and Training

Administration.

Title: Labor Condition Application

and Requirements for Employer Using

Nonimmigrants on H-1B Visas.

OMB Number: 1205–0310.

Affected Public: Individuals or

households; State, Local, or Tribal

governments, business or other forprofit; not-for-profit institution.

Activity Number of

respondents Frequency Average time perresponse (Min)

Total respondent

burden (Hrs.)

Review Instructions ................................................. 200,000 On Occasion .................. 15 50,000

Compile Information/File ......................................... 200,000 On Occasion .................. 30 100,000

Complete/Submit/Post ............................................. 200,000 On Occasion .................. 15 50,000

File Complaints ........................................................ 200,000 On Occasion .................. 15 50

Total .............................................................. 200,000 On Occasion .................. 60 200,000

Total Annualized capital/startup

costs: $0

Total annual costs (operating/

maintaining systems or purchasing

services): $0

Description: The application form and

other requirements in these regulations

for employers seeking to use H-1B nonimmigrants in specialty occupations and

as fashion models will permit the

Department of Labor to meet its

statutory responsibilities for program

administration, management, and

oversight.

Ira L. Mills

Departmental Clearance Officer.

[FR Doc. 00–4213 Filed 2–22–00; 8:45 am]

BILLING CODE 4510–30–M

DEPARTMENT OF LABOR

Mine Safety and Health Administration

Proposed Information Collection

Request Submitted for Public

Comment and Recommendations;

Identification of Independent

Contractors

ACTION: Notice.

SUMMARY: The Department of Labor, as

part of its continuing effort to reduce

paperwork and respondent burden

conducts a preclearance consultation

program to provide the general pubic

and Federal agencies with an

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. A copy of the

proposed information collection request

can be obtained by contacting the

employee listed in the FOR FURTHER

INFORMATION CONTACT section of this

notice.

DATES: Submit comments on or before

April 24, 2000.

ADDRESSES: Send comments to Diane B.

Hill, Program Analysis Officer, Office of

Program Evaluation and Information

Resources, 4015 Wilson Boulevard,

Room 715, Arlington, VA 22203–1984.

Commenters are encouraged to send

their comments on a computer disk, or

via Internet E-mail to dhill@msha.gov,

along with an original printed copy. Ms.

Hill can be reached at (703) 235–1470

(voice), or (703) 235–1563 (facsimile).

FOR FURTHER INFORMATION CONTACT:

Diane B. Hill, Program Analysis Officer,

Office of Program Evaluation and