27946 Federal Register / Vol. 60, No. 102 / Friday, May 26, 1995 / Proposed Rules

(Committee). A previous announcement

in the Federal Register stated that the

committee would meet on Tuesday,

June 13, 1995. That meeting date has

been changed to Thursday, June 15,

1995. The meetings for May 25 and May

30, 1995, are as previously announced.

The committee is meeting as part of

the Commission’s proceeding In the

Matter of Access to

Telecommunications Equipment and

Services by the Hearing Impaired and

Other Disabled Persons. The Committee

will provide recommendations to the

FCC to be used in the formulation of

requirements for hearing aid compatible

wireline telephones in work places,

hospitals, certain other health care

facilities, prisons, hotels and motels.

Included among the recommendations

will be one on whether to lift the

suspension of enforcement of the

Commission’s rules regarding hearing

aid-compatibility. Those rules require

that all wireline telephones in all work

places, hospitals, certain other health

care facilities, prisons, hotels and

motels be hearing aid compatible by

May 1, 1993 for establishments with 20

or more employees and by May 1, 1994

for establishments with fewer than 20

employees. The scope of the activity of

the Committee includes all steps

necessary to assemble data, perform

analyses, and provide advice to the FCC

concerning all of the issues required to

address the regulation of wireline

telephones which need to be hearing

aid-compatible, as discussed in the

FCC’s public notices.

DATES: May 25, 1995, 9:30 a.m. edt; May

30, 1995, 9:30 a.m, edt; June 15, 1995,

9:30 a.m. edt.

ADDRESSES: The addresses of the

meetings are as follows, or as otherwise

announced at the meetings: The meeting

of May 25 will be held at the Federal

Communications Commission, Room

856, 1919 M Street NW, Washington,

D.C. 20554. The meeting of May 30 will

be held at Eleanor Roosevelt High

School, 7601 Hanover Parkway,

Greenbelt, MD 20770. The meeting of

June 15 will be held at the Federal

Communications Commission, Office of

Administrative Law Judges, Courtroom

1, Room 224, 2000 L Street, NW.,

Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:

Committee documents are available

through I.T.S. at 202/857–3800. For

further information, contact Greg

Lipscomb, Designated Federal Officer of

the Hearing Aid Compatibility

Negotiated Rulemaking Committee,

Domestic Services Branch, Domestic

Facilities Division, Common Carrier

Bureau, Federal Communications

Commission, Mail Stop 1600B2, 2025 M

Street, NW., Suite 6008, Washington,

DC 20054; Voice (202 634–4216; TTY

(202) 418–0484; Fax (202) 634–6625;

Internet address: glipscom@fcc.gov

SUPPLEMENTARY INFORMATION: In

accordance with the Federal Advisory

Committee Act, Public law 92–463, as

amended, this notice advises interested

persons of the remaining meetings of the

Committee. This Committee is necessary

and in the public interest. The

Committee was established by the

Federal Communications Commission

to bring together significantly affected

entities to discuss and to recommend

approaches to developing

recommendations to the FCC for

requirements for hearing aid-compatible

wireline telephones in work places,

hospitals, certain other health care

facilities, prisons, hotels and motels.

The FCC solicited nominations for

membership on the Committee pursuant

to the Negotiated Rulemaking Act of

1990, Public Law 101–648, November

28, 1990, and selected members which

are significantly affected by the

proposed rules. See FCC Public Notices

in CC Docket No. 87–124, FCC 94–280,

November 7, 1994, and DA 95–791,

April 12, 1995; see also 59 FR 60343,

November 23, 1994; 60 FR 15739, March

27, 1995; and the Commission’s Rules at

47 CFR 68.112(b)(1), (3), and (5).

Members of the general public may

attend the meetings. The FCC will

attempt to accommodate as many

people as possible. However,

admittance will be limited to the seating

available. The public may submit

written comments to the Committee.

The comments must be submitted two

business days before the meeting in

which the commenter desires his/her

comments to be distributed. In addition,

comments at the meeting by parties or

entities not represented on the

Committee will be permitted to the

extent time permits. Comments will be

limited to five minutes in length by any

one party or entity, and request to make

such comments to the Committee in

person must be received two business

days before the meeting in which the

commenter desires to be heard. Requests

for comment opportunity, and written

comments, should be sent to Greg

Lipscomb at the address under FOR

FURTHER INFORMATION CONTACT, stated

above.

Agenda

The planned agendas for the

remaining meetings are as follows:

Introductory Remarks, Approval of

Agenda, Administrative Matters,

Documents, Work Program, Decisions,

Final Report, Meeting Schedule, Other

Business.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 95–12958 Filed 5–25–95; 8:45 am]

BILLING CODE 6712–01–M

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 10

RIN: 2105–AC05

[Docket No. 48438; Notice 95–6 ]

Privacy Act; Implementation

AGENCY: Department of Transportation

(DOT), Office of the Secretary.

ACTION: Notice of Proposed Rulemaking.

SUMMARY: DOT proposes to amend its

rules implementing the Privacy Act of

1974 to exempt from certain provisions

of the Act the Coast Guard’s Joint

Maritime Information Element Support

System. Public comment is invited.

DATES: Comments are due June 26, 1995.

ADDRESSES: Comments should be

addressed to Documentary Services

Division, Attention: Docket Section,

Room PL401, Docket No. 48438,

Department of Transportation, C–55,

Washington, DC 20590. Any person

wishing acknowledgment that his/her

comments have been received should

include a self-addressed stamped

postcard. Comments received will be

available for public inspection and

copying in the Documentary Services

Division, Room PL401, Department of

Transportation Building, 400 Seventh

Street, SW, Washington, DC, from 9 am

to 5 pm et Monday through Friday

except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Robert I. Ross, Office of the General

Counsel, Cπ10, Department of

Transportation, Washington, DC 20590,

telephone (202) 366–9154, FAX (202)

366–9170.

SUPPLEMENTARY INFORMATION: 1. What is

JMIE? The Joint Maritime Information

Element (JMIE) Support System is a

multi-agency database of vessel

movements around the world that can

assist in virtually any maritime support

misλsion, including petroleum traffic

movement, sea and defense zone

surveillance, fisheries operations, and

emergency sealift management, as well

as prevention of illegal technology

transfer, general cargo/commodity

smuggling, and illegal immigration.

DOTs Coast Guard is one of the
Federal Register / Vol. 60, No. 102 / Friday, May 26, 1995 / Proposed Rules 27947

1Enforcement authority of customs officers.

Subject to the direction of the Secretary of the

Treasury, an officer of the customs may—

(1) carry a firearm;

(2) execute and serve any order, warrant,

subpoena, summons, or other process issued under

the authority of the United States;

(3) make an arrest without a warrant for any

offense against the United States committed in the

officer’s presence or for a felony, cognizable under

the laws of the United States committed outside the

officer’s presence if the officer has reasonable

grounds to believe that the person to be arrested has

committed or is committing a felony;

(4) perform any other law enforcement duty that

the Secretary of the Treasury may designate.

2Bringing in and harboring certain aliens.

(c) Authority to arrest. No officer or person shall

have authority to make any arrest for a violation of

any provision of this section except officers and

employees of the [Immigration and Naturalization]

Service designated by the Attorney General, either

individually or as a member of a class, and all other

officers whose duty it is to enforce criminal laws.

3Powers of enforcement personnel.

(a) Officers or employees of the Drug Enforcement

Administration or any State or local law

enforcement officer.

Any officer or employee of the Drug Enforcement

Administration or any State or local law

enforcement officer designated by the Attorney

General may—

(1) carry firearms;

(2) execute and serve search warrants, arrest

warrants, administrative inspection warrants,

subpoenas, and summonses issued under the

authority of the United States;

(3) make arrests without warrant (A) for any

offense against the United States committed in his

presence, or (B) for any felony, cognizable under the

laws of the United States, if he has probable cause

to believe that the person to be arrested has

committed or is committing a felony;

(4) make seizures of property pursuant to the

provisions of this subchapter; and

(5) perform such other law enforcement duties as

the Attorney General may designate.

* * * * *

4Law enforcement.

(a) The Coast Guard may make inquiries,

examinations, inspections, searches, seizures, and

arrests upon the high seas and waters over which

the United States has jurisdiction, for the

prevention, detection, and suppression of violations

of laws of the United States. * * * When * * * it

appears that a breach of the laws of the United

States rendering a person liable to arrest is being,

or has been committed, by any person, such person

shall be arrested or, if escaping to shore, shall be

immediately pursued and arrested on shore, or

other lawful and appropriate action shall be taken

* * * .

* * * * *

participating agencies and the agency

that has been selected by the others

asthe Executive Agent to manage the

database. All participating agencies will

have access to data in the system.

Each record in the database will

consist of two parts. The first will cover

the vessel; every participating agency

will have access to that. That record will

refer to a record about the individuals

(e.g., owner, master, crew) associλated

with that vessel. Only the law

enforcement agencies will be able to

access that second record. This part of

each record comes within the Privacy

Act, although the entire record does not.

The computer that houses the database

has been proλgrammed to grant access

only to the law enforcement agencies

that are members of JMIE.

2. What agencies are members of

JMIE? The following are the members of

JMIE; each is designated below by

whether it is a law enforcement agency

(L), member of the intelligence

community (I), or other (O), only those

designated ’(L)’ having direct access to

Privacy Act information:

1. Office of National Drug Control

Policy—Executive Office of the

President (I)

2. Bureau of International Narcotics

Matters—Department of State (I)

3. Customs Service—Department of the

Treasury (L)

4. Office of Naval Intelligence—

Department of Defense (I)

5. Military Sealift Command—

Department of Defense (O)

6. Defense Intelligence Agency—

Department of Defense (I)

7. National Security Agency—

Department of Defense (I)

8. Drug Enforcement Administration—

Department of Justice (L)

9. Immigration and Naturalization

Service—Department of Justice (L)

10. US National Central Bureau—

INTERPOL—Department of Justice (O)

11. Bureau of the Census—Department

of Commerce (O)

12. Coast Guard—Department of

Transportation (L)

13. Maritime Administration—

Department of Transportation (O)

14. Office of Intelligence and Port

Security—Department of Energy (I)

15. Central Intelligence Agency (I)

The only members of JMIE that will

have direct access to the Privacy Act

information that will be maintained as

part of JMIE are the following, all of

which are criminal law enforcement

agencies; shown with each is its

principal criminal law enforcement

authority:

(1) Customs Service—19 USC 1589a; 1

(2) Immigration and Naturalization

Service—8 USC 1324; 2

(3) Drug Enforcement Administration—

21 USC 878; 3

(4) Coast Guard—14 USC 89 4

1. General exemption. Under

subsection (j)(2) of the Privacy Act (5

USC 552a(j)(2)), a system of records may

be exempted from almost all provisions

of the Act, so long as the system: (1) Is

maintained by an agency, or a

component of an agency, that performs

as its principal function any activity

pertaining to the enforcement of

criminal laws; and (2) contains: (A)

Information compiled for the purpose of

identifying individual criminal

offenders and alleged offenders and

consisting only of identifying data and

notations of arrests, the nature and

disposition of criminal charges,

sentencing, confinement, release, and

parole and probation status; (B)

information compiled for the purpose of

a criminal investigation, including

reports of informants and investigators,

and associated with an identifiable

individual; or (C) reports identifiable to

an individual compiled at any stage of

the process of enforcement of the

criminal laws from arrest or indictment

through release from supervision. Those

provisions of the Act from which such

a system may not be exempted are

subsections (b) (Conditions of

Disclosure); (c)(1) and (2) (Accounting

of Certain Disclosures); (e)(4)(A) through

(F) (Publication of Existence and

Character of System); (e)(6) (Ensure

Records are Accurate, Relevant, Timely,

and Complete), (7) (Restrict

Recordkeeping on First Amendment

Rights), (9) (Rules of Conduct), (10)

(Safeguards), and (11) (Routine Use

Publication); and (i) (Criminal

Penalties).

DOT proposes to exempt JMIE

accordingly.

2. Specific exemptions. Under

subsection (k) of the Privacy Act (5 USC

552a(k)), qualifying records may be

exempted from various provisions of the

Act. Among these provisions are the

requirement in subsection (c)(3) to

maintain an accounting of disclosures of

information from a system of records

and make that accounting available on

request to the record subject; in

subsection (d) to grant to a record

subject access to information

maintained on him/her under the Act;

in subsection (e)(1) to maintain only

such information as is relevant and

necessary to accomplish a purpose of

the agency under statute or Executive

Order; in subsection (e)(4)(G), (H), and

(I) to advise record subjects of the

agency procedures to request if a system

of records contains records pertaining to

them, how they can gain access to such

records and contest their content, and

the categories of sources of such

records; and in subsection (f) to

establish rules governing the procedures

above.

a. Under subsection (k)(1) of the

Privacy Act (5 USC 552a(k)(1)), portions

of a system of records that are subject

to 5 USC 552(b)(1), in that they contain

information that is properly classified in

the interest of national security, may be

exempted from these provisions, and

DOT proposes to exempt JMIE

accordingly.
27948 Federal Register / Vol. 60, No. 102 / Friday, May 26, 1995 / Proposed Rules

b. Under subsection (k)(2) of the

Privacy Act (5 USC 552a(k)(2)),

investigatory material compiled for law

enforcement purposes, other than

material encompassed within

subsection (j)(2), may be exempted from

these provisions, and DOT proposes to

exempt JMIE accordingly.

Analysis of regulatory impacts. This

amendment is not a ‘‘significant

regulatory action’’ within the meaning

of Executive Order 12866. It is also not

significant within the definition in

DOT’s Regulatory Policies and

Procedures, 49 FR 11034 (1979), in part

because it does not involve any change

in important Departmental policies.

Because the economic impact should be

minimal, further regulatory evaluation

is not necessary. Moreover, I certify that

this proposal will not have a significant

economic impact on a substantial

number of small entities.

This proposal does not significantly

affect the environment, and therefore an

environmental impact statement is not

required under the National

Environmental Policy Act of 1969. It has

also been reviewed under Executive

Order 12612, Federalism, and it has

been determined that it does not have

sufficient implications for federalism to

warrant preparation of a Federalism

Assessment.

Finally, the proposal does not contain

any collection of information

requirements, requiring review under

the Paperwork Reduction Act of 1980.

List of Subjects in 49 CFR Part 10:

Penalties; Privacy.

In accordance with the above, DOT

proposes to amend 49 CFR part 10 as

follows:

PART 10—[AMENDED]

1. The authority citation to part 10

would remain as follows:

Authority: 5 USC 552a; 49 USC 322.

2. Part I of Appendix A would be

amended by republishing the

introductory text and by adding a new

paragraph F; Part II.A would be

amended by adding a new paragraph 14;

and Part II.F would be amended by

adding a new paragraph 4, all to read as

follows:

Appendix A to Part 10—Exemptions

Part I. General exemptions. Those portions

of the following systems of records that

consist of (a) information compiled for the

purpose of identifying individual criminal

offenders and alleged offenders and

consisting only of identifying data and

notations of arrests, the nature and

disposition of criminal charges, sentencing,

confinement, release, and parole and

probation status; (b) information compiled

for the purpose of a criminal investigation,

including reports of informants and

investigators, and associated with an

identifiable individual; or (c) reports

identifiable to an individual compiled at any

stage of the process of enforcement of the

criminal laws from arrest or indictment

through release from supervision, are exempt

from all parts of 5 USC 552a except

subsections (b) (Conditions of disclosure);

(c)(1) and (2) (Accounting of certain

disclosures); (e)(4)(A) through (F)

(Publication of existence and character of

system); (e)(6) (Ensure records are accurate,

relevant, timely, and complete before

disclosure to person other than an agency

and other than pursuant to a Freedom of

Information Act request), (7) (Restrict

recordkeeping on First Amendment rights),

(9) (Rules of conduct), (10) (Safeguards), and

(11) (Routine use publication); and (i)

(Criminal penalties):

* * * * *

F. Joint Maritime Intelligence Element

(JMIE) Support System, maintained by the

Operations Systems Center, U.S. Coast Guard

(DOT/CG 642).

Part II. Specific exemptions.

A. The following systems of records are

exempt from subsection (c)(3) (Accounting of

Certain Disclosures), (d) (Access to Records),

(e)(4)(G), (H), and (I) (Agency Requirements),

and (f) (Agency Rules) of 5 USC 552a, to the

extent that they contain investigatory

material compiled for law enforcement

purposes in accordance with 5 USC

552a(k)(2):

* * * * *

14. Joint Maritime Intelligence Element

(JMIE) Support System, maintained by the

Operations Systems Center, U.S. Coast Guard

(DOT/CG 642).

* * * * *

F. Those portions of the following systems

of records that consist of information

properly classified in the interest of national

defense or foreign policy in accordance with

5 USC 552(b)(1) are exempt from sections

(c)(3) (Accounting of Certain Disclosures), (d)

(Access to Records), (e)(4)(G), (H), and (I)

(Agency Requirements), and (f) (Agency

Rules) of 5 USC 552a, to the extent that they

contain investigatory material compiled for

law enforcement purposes in accordance

with 5 USC 552a(k)(1):

* * * * *

4. Joint Maritime Intelligence Element

(JMIE) Support System, maintained by the

Operations Systems Center, U. S. Coast

Guard (DOT/CG 642).

Issued in Washington, DC, on May 19,

1995.

Federico Pen ̃ a,

Secretary of Transportation.

[FR Doc. 95–12833 Filed 5–25–95; 8:45 am]

BILLING CODE 4910–62–P

Research and Special Programs

Administration

49 CFR Part 195

[Docket PS–140]

RIN 2137–AC34

Areas Unusually Sensitive to

Environmental Damage

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Public workshop notice.

SUMMARY: RSPA invites industry, State

and local government representatives

and the public to a workshop on

unusually sensitive environmental

areas. The workshop’s purpose is to

openly discuss the criteria being

considered by RSPA to determine areas

unusually sensitive to environmental

damage from a hazardous liquid

pipeline release. The criteria are needed

to carry out statutory requirements.

DATES: The workshop will be held on

June 15, 1995 from 8:30 a.m. to 4 p.m.

and on June 16, 1995 from 8:30 a.m. to

12 p.m. Persons who want to participate

in the workshop should call (703) 267–

3666 or e-mail their name, affiliation,

and phone number to

jbusavag@walcoff.com as space is

limited. Persons who are unable to

attend may submit written comments in

duplicate by June 26, 1995. Interested

persons should submit as part of their

written comments all material that is

relevant to a statement of fact or

argument.

ADDRESSES: The workshop will be held

at the U.S. Department of

Transportation, Nassif Building, 400

Seventh Street SW., Room 2230,

Washington, DC. Non-federal employee

visitors are admitted into the DOT

headquarters building through the

southwest entrance at Seventh and E

Streets, SW.

Written comments must be submitted

in duplicate and mailed or hand

delivered to the Dockets Unit, Room

8421, U.S. Department of

Transportation, 400 Seventh Street,

SW., Washington, DC 20590–0001.

Please refer to the docket and notice

numbers stated in the heading of this

notice.

All comments and materials cited in

this document will be available for

inspection and copying in Room 8421

between 8:30 a.m. and 4:30 p.m. each

business day. A transcript of the

workshop will be available from the

Dockets Unit about three weeks after the

workshop.

FOR FURTHER INFORMATION CONTACT:

Christina Sames, (202) 366–4561, about