Federal Register / Vol. 60, No. 90 / Wednesday, May 10, 1995 / Notices 24897

Chapter 35) of 1980, as amended (Pub.

L. 96–511). Copies may be obtained by

calling the Department of Labor

Departmental Clearance officer, Kenneth

A. Mills ((202) 219–5095). Comments

and questions about the ICRs listed

below should be directed to Mr. Mills,

Office of Information Resources

Management Policy, U.S. Department of

Labor, 200 Constitution Avenue NW.,

room N–1301, Washington, DC 20210.

Comments should also be sent to the

Office of Information and Regulatory

Affairs, Attn: OMB Desk Officer for

(BLS/DM/ESA/ETA/OAW/MSHA/

OSHA/PWBA/VETS), Office of

Management and Budget, room 10325,

Washington, DC 20503 (202) 395–7316.

Individuals who use a

telecommunications device for the deaf

(TTY/TDD) may call (202) 219–4720

between 1:00 p.m. and 4:00 p.m. Eastern

time, Monday through Friday.

Type of Review: New.

Agency: Employment and Training

Administration.

Title: Short-Time Compensation

Survey of States and Employers.

OMB Number: None.

Frequency: One-time.

Affected Public: Business or other forprofit; State, Local or Tribal

Government.

Survey

Respondents

Average time per respondent Total

Employer STC Users ................................................................................................. 500 40 minutes ............................................... 334

Employer STC Non-users .......................................................................................... 250 20 minutes ............................................... 83

States with STC ......................................................................................................... 18 120 minutes ............................................. 36

States without STC .................................................................................................... 35 45 minutes ............................................... 26

Total burden hours: ......................................................................................... 479

Description: Information is needed on

attitudes and uses of short-time

compensation (STC) programs by States

and employers. This information will be

analyzed as part of an evaluation of the

STC program.

Theresa M. O’Malley,

Acting Departmental Clearance Officer.

[FR Doc. 95–11463 Filed 5–9–95; 8:45 am]

BILLING CODE 4510–30–M

Privacy Act of 1974; Publication of a

New System of Records; Amendment

of an Existing System

AGENCY: Office of the Secretary, Labor.

ACTION: Notice of a New Systems of

Records; amendment of an existing

system of records.

SUMMARY: The Privacy Act of 1974

requires that each agency publish notice

of all of the systems of records that it

maintains. This document adds a new

system of records to this Department’s

current systems of records. With the

addition of this new system of records,

the Department will be maintaining 141

systems of records. The Department also

hereby amends an existing system of

records, with respect to the Purpose

category, to clarify that these records are

used for statistical research and to

evaluate the DOL Flexiplace Pilot

Programs. Finally, the categories for

System Location and for System

Manager and Address are amended.

DATES: Persons wishing to comment on

this new systems of records may do so

by June 19, 1995.

EFFECTIVE DATE: Unless there is a further

notice in the Federal Register this new

system of records will become effective

on July 5, 1995. The amendments to

DOL/OASAM–31 are administrative

(non-substantive), and therefore, will

become effective on May 10, 1995.

ADDRESSES: Written comments may be

mailed or delivered to Robert A.

Shapiro, Associate Solicitor, Division of

Legislation and Legal Counsel, 200

Constitution Avenue, N.W., Room N–

2428, Washington, DC 20210.

FOR FURTHER INFORMATION CONTACT:

Miriam McD. Miller, Co-Counsel for

Administrative Law, Office of the

Solicitor, Department of Labor, 200

Constitution Avenue, N.W., Room N–

2428, Washington, DC 20210, telephone

(202) 219–8188.

SUPPLEMENTARY INFORMATION: Pursuant

to section three of the Privacy Act of

1974 (5 U.S.C. 552a(e)(4)), hereinafter

referred to as the Act, the Department

hereby publishes notice of a new system

of records currently maintained

pursuant to the Act. This document

supplements this Department’s last

publication in full of all of its Privacy

Act systems of records. On September

23, 1993, in Volume 58 at Page 49548

of the Federal Register, we published a

notice of all 138 systems of records

which were maintained under the Act.

Of those 138 systems, there were 37 new

systems. On April 25, 1994 (59 FR

18156) the Department published two

new systems, which brings the total of

system of records to 140.

1. The new system presented herein is

entitled DOL/ILAB–1, Arbitrators/

Experts/Consultant Candidates’

Bigoraphies. The system contains

biographies of arbitrators, experts and

consultant candidates who are

nominated or selected for positions for

the U.S. National Administrative Office

or for the Secretariat for the North

American Agreement on Labor

Cooperation (NAALC) which is a

supplement to the North American Free

Traded Agreement (NAFTA).

2. The Department also hereby

amends an existing system of records,

with respect to the purpose category, to

clarify that these records are used for

statistical research and to evaluate the

DOL Flexiplace Pilot Programs. Finally,

the categories for System Location and

for System Manager and Address are

amended.

Universal Routine Uses

In its September 23, 1993 publication,

the Department gave notice of eleven

paragraphs containing routine uses

which apply to all of its systems of

records, except for DOL/OASAM–5 and

DOL/OASAM–7. These eleven

paragraphs were presented in the

General Prefatory Statement for that

document, and it appeared at Pages

49554–49555 of Volume 58 of the

Federal Register. Those eleven

paragraphs were republished in an April

15, 1994 document in order to correct

grammatical mistakes in the September

23, 1993 version. At this time we are

republishing the April 15, 1994 version

of the General Prefatory Statement as a

convenience to the reader of this

document. This republication will

correct a typographical error in

paragraph 8 of the General Prefatory

Statement whereby the word ‘‘identity’’

is corrected to read ‘‘identify’’.

The public, the Office of Management

and Budget (OMB), and the Congress are

invited to submit written comments on

this new system. A report on this new

system has been provided to OMB and

to the Congress as required by OMB

Circular A–130, Revised, and 5 U.S.C.

552a(r).
24898 Federal Register / Vol. 60, No. 90 / Wednesday, May 10, 1995 / Notices

General Prefatory Statement

The following routine uses apply to

and are incorporated by reference into

each system of records published below

unless the text of a particular notice of

a system of records indicates otherwise.

These routine uses do not apply to DOL/

OASAM–5 Rehabilitation and

Counseling File nor to DOL/OASAM–

7—Employee Medical Records.

1. It shall be a routine use of the

records in this system of records to

disclose them to the Department of

Justice when: (a) The agency or any

component thereof; or (b) any employee

of the agency in his or her official

capacity where the Department of

Justice has agreed to represent the

employee; or (c) the United States

Government, is a party to litigation or

has an interest in such litigation, and by

careful review, the agency determines

that the records are both relevant and

necessary to the litigation and the use of

such records by the Department of

Justice is therefore deemed by the

agency to be for a purpose that is

compatible with the purpose for which

the agency collected the records.

2. It shall be a routine use of the

records in this system of records to

disclose them in a proceeding before a

court or adjudicative body, when: (a)

The agency or any component thereof;

or (b) any employee of the agency in his

or her official capacity; or (c) any

employee of the agency in his or her

individual capacity where the agency

has agreed to represent the employee; or

(d) the United States Government, is a

party to litigation or has an interest in

such litigation, and by careful review,

the agency determines that the records

are both relevant and necessary to the

litigation and the use of such records is

therefore deemed by the agency to be for

a purpose that is compatible with the

purpose for which the agency collected

the records.

3. When a record on its face, or in

conjunction with other records,

indicates a violation or potential

violation of law, whether civil, criminal

or regulatory in nature, and whether

arising by general statute or particular

program statute, or by regulation, rule,

or order issued pursuant thereto,

disclosure may be made to the

appropriate agency, whether Federal,

foreign, State, local, or tribal, or other

public authority responsible for

enforcing, investigating or prosecuting

such violation or charged with enforcing

or implementing the statute, or rule,

regulation, or order issued pursuant

thereto, if the information disclosed is

relevant to any enforcement, regulatory,

investigative or prosecutive

responsibility of the receiving entity,

and by careful review, the agency

determines that the records are both

relevant and necessary to the litigation

and the use of such records is therefore

deemed by the agency to be for a

purpose that is compatible with the

purpose for which the agency collected

the records.

4. A record from this system of

records may be disclosed to a Member

of Congress or to a Congressional staff

member in response to an inquiry of the

Congressional office made at the written

request of the constituent about whom

the record is maintained.

5. Records from this system of records

may be disclosed to the National

Archives and Records Administration or

to the General Services Administration

for records management inspections

conducted under 44 U.S.C. 2904 and

2906.

6. Disclosure may be made to agency

contractors, or their employees,

consultants, grantees, or their

employees, or volunteers who have been

engaged to assist the agency in the

performance of a contract, service, 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 the activity.

Recipients shall be required to comply

with the requirements of the Privacy Act

of 1974, as amended, 5 U.S.C. 552a; see

also 5 U.S.C. 552a(m).

7. The name and current address of an

individual may be disclosed from this

system of records to the parent locator

service of the Department of HHS or to

other authorized persons defined by

Public law 93–647 for the purpose of

locating a parent who is not paying

required child support.

8. Disclosure may be made to any

source from which information is

requested in the course of a law

enforcement or grievance investigation,

or in the course of an investigation

concerning retention of an employee or

other personnel action, the retention of

a security clearance, the letting of a

contract, the retention of a grant, or the

retention of any other benefit, to the

extent necessary to identify the

individual, inform the source of the

purpose(s) of the request, and identify

the type of information requested.

9. Disclosure may be made to a

Federal, State, local, foreign, or tribal or

other public authority of the fact that

this system of records contains

information relevant to the hiring or

retention of an employee, the granting

or retention of a security clearance, the

letting of a contract, a suspension or

debarment determination or the

issuance or retention of a license, grant,

or other benefit.

10. A record from any system of

records set forth below may be disclosed

to the Office of Management and Budget

in connection with the review of private

relief, legislative coordination and

clearance process.

11. Disclosures may be made to a debt

collection agency that the United States

has contracted with for collection

services to recover debts owed to the

United States.

I. Publication of a New System of

Records

DOL/ILAB–1

SYSTEM NAME:

Arbitrators/Experts/Consultant

Candidates’ Biographies.

SECURITY CLASSIFICATION:

Unclassified

SYSTEM LOCATION:

U.S. National Administrative Office,

U.S. Department of Labor, Bureau of

International Labor Affairs, Room C–

4327, 200 Constitution Avenue, N.W.,

Washington, D.C. 20210.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

Individuals who applied, are

nominated or are selected to serve as

arbitrators, experts, advisors,

consultants, contractors or similar

positions for the U.S. National

Administrative Office or the Secretariat

for the North American Agreement on

Labor Cooperation (NAALC), the

supplemental agreement on labor issues

to the North American Free Trade

Agreement (NAFTA).

CATEGORIES OF RECORDS IN THE SYSTEM:

Application and nomination letters;

resumes, biographical sketches,

curriculum vitae, and other related

documents.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

North American Agreement on Labor

Cooperation Articles 23, 28, and 30; 58

FR 69410; and 5 U.S.C. 301.

PURPOSE:

These records are established when

individuals nominate themselves or are

recommended for appointments as

arbitrators, experts, consultants,

contractors, advisory committee

members or similar positions with the

U.S. National Administrative Office or

the Secretariat for the NAALC. The

records are used by the Deputy Under

Secretary of Labor for International

Affairs to make selections or

recommendations as appropriate to the
Federal Register / Vol. 60, No. 90 / Wednesday, May 10, 1995 / Notices 24899

Secretary of Labor or Executive Director

of the Secretariat for appointment.

ROUTINE USE OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

None, except for those uses listed in

the General Prefatory Statement to this

document.

DISCLOSURES TO CONSUMER REPORTING

AGENCIES:

None.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING AND

DISPOSING OF RECORDS OF THE SYSTEM:

STORAGE:

Manual files and computer disk.

RETRIEVABILITY:

By Nominee’s name and by selected

skills categories.

SAFEGUARDS:

Locked storage equipment and

personnel screening.

RETENTION AND DISPOSAL:

a. Advisory committee members,

arbitrators, contractors, consultants, and

experts: Permanent transfer to National

Archives three (3) years after expiration

of term of service.

b. Nominees not selected: destroy files

when five (5) years old.

SYSTEM MANAGER(S) AND ADDRESS:

Secretary, U.S. National

Administrative Office, U.S. Department

of Labor, Bureau of International Labor

Affairs, Room C–4327, Washington, D.C.

20210.

NOTIFICATION PROCEDURES:

Individuals wishing to gain access to

non-exempt records should contact the

system manager at the system location

above.

RECORD ACCESS PROCEDURES:

A request for access shall be

addressed to the system manager at the

address listed above. Individuals must

furnish the following information for

their records to be located and

identified:

a. Name;

b. Approximate date for investigation;

c. Individuals requesting access must

also comply with the Privacy Act

regulations regarding verification of the

identity to records at 29 CFR 70a.4.

CONTESTING RECORDS PROCEDURES:

A petition for amendments shall be

addressed to the System Manager and

must meet the requirements of 29 CFR

70a7.

RECORD SOURCE CATEGORIES:

Nominations submitted by

individuals within the system, other

individuals and organizations and by

government agencies.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS

OF THE ACT:

Not applicable.

II. Publication of an Amendment

DOL/OASAM–31, DOL Flexible

Workplace (Flexiplace) Pilot Programs

Evaluation and Files, is amended by

revising three categories, System

Location, Purpose, and System Manager

and Address, to read as follows:

DOL/OASAM–31

SYSTEM NAME:

DOL Flexible Workplace (Flexiplace)

Pilot Programs Evaluation and Files.

* * * * *

SYSTEM LOCATION:

DOL/OASAM/Office of Human

Resources, Office of Human Resource

Systems.

* * * * *

PURPOSE(S):

These records are used for statistical

research and to evaluate the DOL

Flexiplace Pilot Programs.

* * * * *

SYSTEM MANAGER(S) AND ADDRESS:

U.S. Department of Labor, Office of

the Assistant Secretary for

Administration and Management, Office

of Human Resources, Office of Human

Resource Systems, Room N–5470,

Frances Perkins Building, 200

Constitution Avenue, N.W.,

Washington, DC 20210.

Signed at Washington, DC, this 5th day of

May 1995.

Robert B. Reich,

Secretary of Labor.

[FR Doc. 95–11462 Filed 5–9–95; 8:45 am]

BILLING CODE 4510–23–M

Pension and Welfare Benefits

Administration

[Application No. D–09872, et al.]

Proposed Exemptions; T.J. Lambrecht

Construction, Inc. et al.

AGENCY: Pension and Welfare Benefits

Administration, Labor.

ACTION: Notice of Proposed Exemptions.

SUMMARY: This document contains

notices of pendency before the

Department of Labor (the Department) of

proposed exemptions from certain of the

prohibited transaction restriction of the

Employee Retirement Income Security

Act of 1974 (the Act) and/or the Internal

Revenue Code of 1986 (the Code).

Written Comments and Hearing

Requests

All interested persons are invited to

submit written comments or request for

a hearing on the pending exemptions,

unless otherwise stated in the Notice of

Proposed Exemption, within 45 days

from the date of publication of this

Federal Register Notice. Comments and

request for a hearing should state: (1)

The name, address, and telephone

number of the person making the

comment or request, and (2) the nature

of the person’s interest in the exemption

and the manner in which the person

would be adversely affected by the

exemption. A request for a hearing must

also state the issues to be addressed and

include a general description of the

evidence to be presented at the hearing.

A request for a hearing must also state

the issues to be addressed and include

a general description of the evidence to

be presented at the hearing.

ADDRESSES: All written comments and

request for a hearing (at least three

copies) should be sent to the Pension

and Welfare Benefits Administration,

Office of Exemption Determinations,

Room N–5649, U.S. Department of

Labor, 200 Constitution Avenue, N.W.,

Washington, D.C. 20210. Attention:

Application No. stated in each Notice of

Proposed Exemption. The applications

for exemption and the comments

received will be available for public

inspection in the Public Documents

Room of Pension and Welfare Benefits

Administration, U.S. Department of

Labor, Room N–5507, 200 Constitution

Avenue, N.W., Washington, D.C. 20210.

Notice to Interested Persons

Notice of the proposed exemptions

will be provided to all interested

persons in the manner agreed upon by

the applicant and the Department

within 15 days of the date of publication

in the Federal Register. Such notice

shall include a copy of the notice of

proposed exemption as published in the

Federal Register and shall inform

interested persons of their right to

comment and to request a hearing

(where appropriate).

SUPPLEMENTARY INFORMATION: The

proposed exemptions were requested in

applications filed pursuant to section

408(a) of the Act and/or section

4975(c)(2) of the Code, and in

accordance with procedures set forth in

29 CFR Part 2570, Subpart B (55 FR

32836, 32847, August 10, 1990).

Effective December 31, 1978, section

102 of Reorganization Plan No. 4 of

1978 (43 FR 47713, October 17, 1978)

transferred the authority of the Secretary

of the Treasury to issue exemptions of