Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Proposed Rules 53133 

(b) A petition to establish a Regional 

Advisory Body shall include all 

organizational documents and a 

statement that the Regional Advisory 

Body is composed of one member from 

each participating state in the region, 

appointed by the governor of each state, 

and may include representatives of 

agencies, states and provinces outside 

the United States. 

(c) A Regional Advisory Body 

established by the Commission may 

provide advice to the Commission, 

Electric Reliability Organization or a 

Regional Entity with respect to: 

(1) The governance of an existing or 

proposed Regional Entity within the 

same region; 

(2) Whether a Reliability Standard 

proposed to apply within the region is 

just, reasonable, not unduly 

discriminatory or preferential, and in 

the public interest; 

(3) Whether fees for all activities 

under this section proposed to be 

assessed within the region are just, 

reasonable, not unduly discriminatory 

or preferential, and in the public 

interest; and 

(4) Any other responsibilities 

requested by the Commission. 

(d) The Commission may give 

deference to the advice of a Regional 

Advisory Body established by the 

Commission if it is organized on an 

Interconnection-wide basis. 

§ 38.11 Reliability reports. 

(a) The Electric Reliability 

Organization shall conduct periodic 

assessments of the reliability and 

adequacy of the Bulk-Power System in 

North America and report its findings to 

the Commission, the Secretary of 

Energy, Regional Entities, and Regional 

Advisory Bodies annually or more 

frequently if so ordered by the 

Commission. 

(b) The Electric Reliability 

Organization and Regional Entities shall 

report on their enforcement actions and 

associated penalties to the Commission, 

the Secretary of Energy, relevant 

Regional Entities, and relevant Regional 

Advisory Bodies annually or quarterly, 

in a manner to be prescribed by the 

Commission. 

§ 38.12 Review of state action. 

(a) Nothing in this regulation shall be 

construed to preempt any authority of 

any state to take action to ensure the 

safety, adequacy, and reliability of 

electric service within that state, as long 

as such action is not inconsistent with 

any reliability standard. 

(b) Where a state takes action to 

ensure safety, adequacy, and reliability 

of electric service, the Electric 

Reliability Organization, Regional Entity 

or other affected party may apply to the 

Commission for a determination of 

consistency with a Commissionapproved Reliability Standard. 

(1) The application shall: 

(i) Identify the state action 

complained of; 

(ii) Identify the Reliability Standard(s) 

with which the state action is claimed 

to be inconsistent; 

(iii) State the basis for the claim that 

the state action is inconsistent with a 

Reliability Standard; and 

(iv) Include a form of notice. 

(2) Within ninety (90) days of the 

application of the Electric Reliability 

Organization or other affected party, and 

after notice and opportunity for public 

comment, the Commission shall issue a 

final order determining whether the 

state action is inconsistent with a 

Reliability Standard, taking into 

consideration any recommendation of 

the Electric Reliability Organization. 

(c) The Commission, after 

consultation with the Electric Reliability 

Organization and the state taking action, 

may stay the effectiveness of the state 

action, pending the Commission’s 

issuance of a final order. 

§ 38.13 Funding of the Electric Reliability 

Organization. 

(a) The Electric Reliability 

Organization shall file with the 

Commission its proposed annual budget 

for activities within the United States 

and supporting materials in sufficient 

detail to justify the requested funding 

requirement 130 days in advance of the 

beginning of each fiscal year. 

(b) The Commission, after public 

notice and opportunity for comment, 

shall issue an order either accepting, 

rejecting or remanding or modifying the 

proposed Electric Reliability 

Organization budget and business plan 

no later than sixty (60) days in advance 

of the beginning of the Electric 

Reliability Organization’s fiscal year. 

(c) Any person who submits an 

application for certification as the 

Electric Reliability Organization 

pursuant to the rules set forth in this 

section shall include in such 

application a plan, formula and/or 

methodology for the allocation and 

assessment of Electric Reliability 

Organization dues, fees and charges. 

The certified Electric Reliability 

Organization may subsequently file with 

the Commission a request to modify the 

plan, formula and/or methodology from 

time-to-time in the Electric Reliability 

Organization’s discretion. 

(d) All entities within the 

Commission’s jurisdiction as set forth in 

section 215(b) of the Federal Power Act 

are required to pay the Electric 

Reliability Organization’s assessment of 

dues, fees and charges in a timely 

manner reasonably designated by the 

Electric Reliability Organization . 

(e) Any person who submits an 

application for certification as the 

Electric Reliability Organization 

pursuant to the rules set forth in this 

section may include in such application 

a plan for a transitional funding 

mechanism that would allow such 

person, if certified as the Electric 

Reliability Organization, to continue 

existing operations without interruption 

as it transitions from one method of 

funding to another. The maximum 

duration of any proposed transitional 

funding mechanism is not to exceed 

eighteen (18) months from the date of 

certification. 

[FR Doc. 05–17752 Filed 9–6–05; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF JUSTICE 

28 CFR Part 16 

[AAG/A Order No. 009–2005] 

Justice Management Division; Privacy 

Act of 1974; Implementation 

AGENCY: Justice Management Division, 

Justice. 

ACTION: Proposed rule. 

SUMMARY: The Department of Justice 

(DOJ), Justice Management Division 

(JMD), proposes to exempt from certain 

subsections of the Privacy Act, a new 

Privacy Act system of records entitled 

‘‘Federal Bureau of Investigation 

Whistleblower Case Files, JMD–023,’’ as 

described in today’s notice section of 

the Federal Register. The system 

maintains all documents and evidence 

filed with the Director of the Office of 

Attorney Recruitment and Management 

(OARM), JMD, pertaining to requests for 

corrective action by employees of, or 

applicants for employment with, the 

Federal Bureau of Investigation (FBI) (or 

recommendations for corrective action 

by the Office of the Inspector General or 

Office of Professional Responsibility) 

brought under the FBI’s whistleblower 

regulations. 

DATES: Submit any comments by 

October 17, 2005. 

ADDRESSES: Address all comments in 

writing to Mary Cahill, Management and 

Planning Staff, Justice Management 

Division, Department of Justice, 

Washington, DC 20530 (1400 National 

Place Building), Facsimile Number (202) 

307–1853. To ensure proper handling, 

please reference the AAG/A Order No. 

53134 Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Proposed Rules 

on your correspondence. You may 

review an electronic version of this 

proposed rule at http:// 

www.regulations.gov. You may also 

comment via the Internet to the DOJ/ 

Justice Management Division at the 

following e-mail address: 

DOJPrivacyACTProposed

Regulations@usdoj.gov; or by using the 

http://www.regulations.gov comment 

form for this regulation. When 

submitting comments electronically, 

you must include the AAG/A Order No. 

in the subject box. 

FOR FURTHER INFORMATION CONTACT: 

Mary Cahill, (202) 307–1823. 

SUPPLEMENTARY INFORMATION: The FBI’s 

whistleblower regulations are at 28 CFR 

part 27; the specific role of the OARM 

is at 28 CFR part 27.4. This is the basis 

for the new system of records, ‘‘Federal 

Bureau of Investigation Whistleblower 

Case Files, JMD–023.’’ The DOJ/JMD 

proposes to exempt this system of 

records from 5 U.S.C. 552a(c)(3) and (4); 

(d)(1), (2), (3), and (4); (e)(1), (2), (3), (5), 

and (8); and (g). The exemptions will be 

applied only to the extent that 

information in a record is subject to 

exemption pursuant to 5 U.S.C. 

552a(j)(2) and (k). 

This order relates to individuals 

rather than small business entities. 

Nevertheless, pursuant to the 

requirements of the Regulatory 

Flexibility Act, 5 U.S.C. 601–612, this 

order will not have a significant 

economic impact on a substantial 

number of small entities. 

List of Subjects in 28 CFR Part 16 

Administrative Practices and 

Procedures, Courts, Freedom of 

Information, Sunshine Act, Privacy. 

Pursuant to the authority vested in the 

Attorney General by 5 U.S.C. 552a and 

delegated to me by Attorney General 

Order No. 793–78, it is proposed to 

amend 28 CFR part 16 as follows: 

1. The authority for part 16 continues 

to read as follows: 

Authority: 5 U.S.C. 301, 552, 552a, 552b(g), 

and 553; 18 U.S.C. 4203(a)(1); 28 U.S.C. 509, 

510, 534; 31 U.S.C. 3717, 9701. 

§ 16.76 [Amended] 

2. Section 16.76 is amended by 

adding paragraphs (c) and (d) to read as 

follows: 

* * * * * 

(c) The following system of records is 

exempted from 5 U.S.C. 552a(c)(3) and 

(4); (d)(1), (2), (3), and (4); (e)(1), (2), (3), 

(5), and (8); and (g): Federal Bureau of 

Investigation Whistleblower Case Files 

(Justice/JMD–023). These exemptions 

apply only to the extent that 

information in a record contained 

within this system is subject to 

exemptions pursuant to 5 U.S.C. 

552a(j)(2) and (k). 

(d) Exemption from the particular 

subsections is justified for the following 

reasons: 

(1) Subsection (c)(3). To provide the 

subject with an accounting of 

disclosures of records in this system 

could inform that individual of the 

existence, nature, or scope of an actual 

or potential law enforcement or 

counterintelligence investigation, and 

thereby seriously impede law 

enforcement or counterintelligence 

efforts by permitting the record subject 

and other persons to whom he might 

disclose the records to avoid criminal 

penalties, civil remedies, or 

counterintelligence measures. 

(2) Subsection (c)(4). This subsection 

is inapplicable to the extent that an 

exemption is being claimed for 

subsection (d). 

(3) Subsection (d)(1). Information 

within this record system could relate to 

official federal investigations and 

matters of law enforcement. Individual 

access to these records could 

compromise ongoing investigations, 

reveal confidential informants and/or 

sensitive investigative techniques used 

in particular investigations, or 

constitute unwarranted invasions of the 

personal privacy of third parties who 

are involved in a certain investigation. 

Disclosure may also reveal information 

relating to actual or potential law 

enforcement investigations. Disclosure 

of classified national security 

information would cause damage to the 

national security of the United States. 

(4) Subsection (d)(2). Amendment of 

these records could interfere with 

ongoing criminal or civil law 

enforcement proceedings and impose an 

impossible administrative burden by 

requiring investigations to be 

continuously reinvestigated. 

(5) Subsections (d)(3) and (4). These 

subsections are inapplicable to the 

extent exemption is claimed from (d)(1) 

and (2). 

(6) Subsection (e)(1). It is often 

impossible to determine in advance if 

investigatory information contained in 

this system is accurate, relevant, timely 

and complete, but, in the interests of 

effective law enforcement and 

counterintelligence, it is necessary to 

retain this information to aid in 

establishing patterns of activity and 

provide investigative leads. 

(7) Subsection (e)(2). To collect 

information from the subject individual 

could serve to notify the subject 

individual that he or she is the subject 

of a criminal investigation and thereby 

present a serious impediment to such 

investigations. 

(8) Subsection (e)(3). To inform 

individuals as required by this 

subsection could reveal the existence of 

a criminal investigation and 

compromise investigative efforts. 

(9) Subsection (e)(5). It is often 

impossible to determine in advance if 

investigatory information contained in 

this system is accurate, relevant, timely 

and complete, but, in the interests of 

effective law enforcement and 

counterintelligence, it is necessary to 

retain this information to aid in 

establishing patterns of activity and 

provide investigative leads. 

(10) Subsection (e)(8). To serve notice 

could give persons sufficient warning to 

evade investigative efforts. 

(11) Subsection (g). This subsection is 

inapplicable to the extent that the 

system is exempt from other specific 

subsections of the Privacy Act. 

Dated: August 31, 2005. 

Paul R. Corts, 

Assistant Attorney General for 

Administration. 

[FR Doc. 05–17701 Filed 9–6–05; 8:45 am] 

BILLING CODE 4410–FR–P 

FEDERAL MEDIATION AND 

CONCILIATION SERVICE 

29 CFR Part 1404 

Proposed Changes to Arbitration 

Policies, Functions, and Procedures 

AGENCY: Federal Mediation and 

Conciliation Service. 

ACTION: Proposed rule: extension of 

comment period. 

SUMMARY: This document extends the 

comment period for the proposed rule 

published on July 7, 2005 at 70 FR page 

39209. 

The Federal Mediation and 

Conciliation Service (FMCS) is 

proposing to revise 29 CFR part 1404, 

Arbitration Services. The revisions are 

intended to set forth the criteria and 

procedures for listing on the arbitration 

roster, removal from the arbitration 

roster, and expedited arbitration 

processing. Other changes include how 

parties may request arbitration lists or 

panels and fees associated with the 

arbitrators. The purpose of these 

changes is to facilitate the management 

and administration of the arbitration 

roster. 

DATES: Written comments must be 

submitted to the office listed in the 

address section below on or before 

December 6, 2005.