Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Notices 53253 

degassed chromium from Japan are 

being sold in the United States at less 

than fair value within the meaning of 

section 733 of the Act (19 U.S.C. 1673b). 

The investigation was requested in a 

petition filed on March 4, 2005, by 

Eramet Marietta Inc., Marietta, OH, and 

the Paper, Allied-Industrial, Chemical 

and Energy Workers International 

Union, Local 5–0639, Belpre, OH. 

Participation in the investigation and 

public service list.—Persons, including 

industrial users of the subject 

merchandise and, if the merchandise is 

sold at the retail level, representative 

consumer organizations, wishing to 

participate in the final phase of this 

investigation as parties must file an 

entry of appearance with the Secretary 

to the Commission, as provided in 

section 201.11 of the Commission’s 

rules, no later than 21 days prior to the 

hearing date specified in this notice. A 

party that filed a notice of appearance 

during the preliminary phase of the 

investigation need not file an additional 

notice of appearance during this final 

phase. The Secretary will maintain a 

public service list containing the names 

and addresses of all persons, or their 

representatives, who are parties to the 

investigation. 

Limited disclosure of business 

proprietary information (BPI) under an 

administrative protective order (APO) 

and BPI service list.—Pursuant to 

section 207.7(a) of the Commission’s 

rules, the Secretary will make BPI 

gathered in the final phase of this 

investigation available to authorized 

applicants under the APO issued in the 

investigation, provided that the 

application is made no later than 21 

days prior to the hearing date specified 

in this notice. Authorized applicants 

must represent interested parties, as 

defined by 19 U.S.C. 1677(9), who are 

parties to the investigation. A party 

granted access to BPI in the preliminary 

phase of the investigation need not 

reapply for such access. A separate 

service list will be maintained by the 

Secretary for those parties authorized to 

receive BPI under the APO. 

Staff report.—The prehearing staff 

report in the final phase of this 

investigation will be placed in the 

nonpublic record on October 20, 2005, 

and a public version will be issued 

thereafter, pursuant to section 207.22 of 

the Commission’s rules. 

Hearing.—The Commission will hold 

a hearing in connection with the final 

phase of this investigation beginning at 

9:30 a.m. on November 3, 2005, at the 

U.S. International Trade Commission 

Building. Requests to appear at the 

hearing should be filed in writing with 

the Secretary to the Commission on or 

before October 24, 2005. A nonparty 

who has testimony that may aid the 

Commission’s deliberations may request 

permission to present a short statement 

at the hearing. All parties and 

nonparties desiring to appear at the 

hearing and make oral presentations 

should attend a prehearing conference 

to be held at 9:30 a.m. on October 28, 

2005, at the U.S. International Trade 

Commission Building. Oral testimony 

and written materials to be submitted at 

the public hearing are governed by 

sections 201.6(b)(2), 201.13(f), and 

207.24 of the Commission’s rules. 

Parties must submit any request to 

present a portion of their hearing 

testimony in camera no later than 7 

days prior to the date of the hearing. 

Written submissions.—Each party 

who is an interested party shall submit 

a prehearing brief to the Commission. 

Prehearing briefs must conform with the 

provisions of section 207.23 of the 

Commission’s rules; the deadline for 

filing is October 27, 2005. Parties may 

also file written testimony in connection 

with their presentation at the hearing, as 

provided in section 207.24 of the 

Commission’s rules, and posthearing 

briefs, which must conform with the 

provisions of section 207.25 of the 

Commission’s rules. The deadline for 

filing posthearing briefs is November 10, 

2005; witness testimony must be filed 

no later than three days before the 

hearing. In addition, any person who 

has not entered an appearance as a party 

to the investigation may submit a 

written statement of information 

pertinent to the subject of the 

investigation, including statements of 

support or opposition to the petition, on 

or before November 10, 2005. On 

November 28, 2005, the Commission 

will make available to parties all 

information on which they have not had 

an opportunity to comment. Parties may 

submit final comments on this 

information on or before November 30, 

2005, but such final comments must not 

contain new factual information and 

must otherwise comply with section 

207.30 of the Commission’s rules. All 

written submissions must conform with 

the provisions of section 201.8 of the 

Commission’s rules; any submissions 

that contain BPI must also conform with 

the requirements of sections 201.6, 

207.3, and 207.7 of the Commission’s 

rules. The Commission’s rules do not 

authorize filing of submissions with the 

Secretary by facsimile or electronic 

means, except to the extent permitted by 

section 201.8 of the Commission’s rules, 

as amended, 67 FR 68036 (November 8, 

2002). Even where electronic filing of a 

document is permitted, certain 

documents must also be filed in paper 

form, as specified in II (C) of the 

Commission’s Handbook on Electronic 

Filing Procedures, 67 FR 68168, 68173 

(November 8, 2002). 

Additional written submissions to the 

Commission, including requests 

pursuant to section 201.12 of the 

Commission’s rules, shall not be 

accepted unless good cause is shown for 

accepting such submissions, or unless 

the submission is pursuant to a specific 

request by a Commissioner or 

Commission staff. 

In accordance with sections 201.16(c) 

and 207.3 of the Commission’s rules, 

each document filed by a party to the 

investigation must be served on all other 

parties to the investigation (as identified 

by either the public or BPI service list), 

and a certificate of service must be 

timely filed. The Secretary will not 

accept a document for filing without a 

certificate of service. 

Authority: This investigation is being 

conducted under authority of title VII of the 

Tariff Act of 1930; this notice is published 

pursuant to section 207.21 of the 

Commission’s rules. 

By order of the Commission. 

Issued: August 31, 2005. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. 05–17658 Filed 9–6–05; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

[AAG/A Order No. 008–2005] 

Justice Management Division; Privacy 

Act of 1974; System of Records 

AGENCY: Office of Attorney Recruitment 

and Management, Justice Management 

Division, Justice. 

ACTION: Notice of a new system of 

records. 

SUMMARY: Pursuant to the provisions of 

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

notice is given that the Department of 

Justice (DOJ or the Department), Justice 

Management Division’s Office of 

Attorney Recruitment and Management 

(OARM), proposes to establish a new 

system of records entitled ‘‘Federal 

Bureau of Investigation Whistleblower 

Case Files, JMD–023.’’ The system 

maintains all documents and evidence 

filed with the Director of OARM, 

pertaining to requests for corrective 

action by employees of, or applicants for 

employment with, the Federal Bureau of 

Investigation (or recommendations for 

corrective action by the Department’s 

Office of the Inspector General (OIG) or 

the Department’s Office of Professional 

53254 Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Notices 

Responsibility (OPR)) made under the 

Federal Bureau of Investigation’s (FBI’s) 

whistleblower regulations, 28 CFR Part 

27. 

DATES: In accordance with the 

requirements of 5 U.S.C. 552a(e)(4) and 

(11), the public is given a 30-day period 

in which to comment. The Office of 

Management and Budget (OMB), which 

has oversight responsibility under the 

Act, has 40 days in which to conclude 

its review of the system. Therefore, 

please submit any comments by October 

17, 2005. 

ADDRESSES: The public, OMB, and the 

Congress are invited to submit any 

comments to Mary E. Cahill, 

Management and Planning Staff, Justice 

Management Division, Department of 

Justice, Washington, DC 20530 (Room 

1400, National Place Building). 

FOR FURTHER INFORMATION CONTACT: 

Louis DeFalaise, Director, Office of 

Attorney Recruitment and Management, 

Justice Management Division, 

Department of Justice, Washington, DC 

20530 (Suite 5100, 20 Massachusetts 

Ave., NW.). 

SUPPLEMENTARY INFORMATION: The 

Privacy Act (5 U.S.C. 552a(e)(4)) 

requires the Department to publish in 

the Federal Register this notice of a new 

system of records managed by the 

Department. The Privacy Act applies to 

a record about an individual that is 

maintained in a system of records from 

which information is retrieved by a 

unique identifier identified with each 

individual, such as a name or social 

security number. The information about 

each individual is called a ‘‘record,’’

and the system, whether manual or 

computer-driven, is called a ‘‘system of 

records.’’ The Privacy Act requires each 

agency to publish notices of systems of 

records in the Federal Register and to 

prepare reports to OMB whenever the 

agency publishes a new or ‘‘altered’’

system of records. 

The records in this system are used by 

the Director of OARM to determine 

whether an employee of, or applicant 

for employment with, the FBI made a 

protected disclosure that was a 

contributing factor in the FBI’s decision 

to take (or not take, or threaten to take 

or not take) a covered personnel action 

against the employee or applicant and, 

if so, what, if any, corrective action can 

and should be appropriately ordered. 

The official version of this document 

is the document published in the 

Federal Register. Free Internet access to 

the official edition of the Federal 

Register and the Code of Federal 

Regulations is available on GPO Access 

at: http://www.access.gpo.gov/nara/ 

index.html. 

In accordance with 5 U.S.C. 552a(r), 

the Department has provided a report to 

OMB and the Congress. 

Dated: August 31, 2005. 

Paul R. Corts, 

Assistant Attorney General for 

Administration. 

Justice/JMD–023 

SYSTEM NAME: 

Federal Bureau of Investigation 

Whistleblower Case Files 

SECURITY CLASSIFICATION: 

The system itself is not classified. 

However, items or records within the 

system may have national security/ 

foreign policy classifications. 

SYSTEM LOCATION: 

Records in this system are located at 

the Department of Justice, Justice 

Management Division, Office of 

Attorney Recruitment and Management 

(OARM), 20 Massachusetts Avenue, 

NW., Suite 5100, Washington, DC 

20530. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Any employee of, or applicant for 

employment with, the FBI who has filed 

a request for corrective action with 

OARM (or for whom the Department of 

Justice’s Office of Inspector General 

(OIG) or Office of Professional 

Responsibility (OPR) has made a 

recommendation for corrective action to 

OARM) pursuant to a claim of unlawful 

reprisal brought under the FBI 

whistleblower regulations, 28 CFR Part 

27. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

The records in the system relate to 

OARM’s adjudication process and 

customarily include the employee’s 

request for corrective action (or OIG’s/ 

OPR’s recommendation for corrective 

action), the parties’ submissions, 

correspondence between OARM and the 

parties, and OARM’s Orders and 

Opinions. These records may also 

include, but are not limited to, status 

conference notes, and evidentiary 

submissions and exhibits (e.g., 

affidavits, depositions, video/audio 

tapes, electronic communications, 

newspaper articles, etc.). Records in the 

system may also contain OIG/OPR 

Reports of Investigation, including those 

that serve to terminate an investigation 

of alleged unlawful reprisal (subject to 

28 CFR 27.3(h) and (i)). 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

5 U.S.C. 301; 44 U.S.C. 3101; 28 CFR 

Part 27. 

PURPOSE(S): 

The system maintains all documents 

and evidence filed with the Director of 

OARM pertaining to requests for 

corrective action by employees of, or 

applicants for employment with, the FBI 

(or recommendations for corrective 

action by OIG/OPR) brought under the 

FBI’s whistleblower regulations, 28 CFR 

Part 27. The records in the system are 

used by the Director of OARM to 

determine whether an employee or 

applicant made a protected disclosure 

that was a contributing factor in the 

FBI’s decision to take (or fail to take, or 

threaten to take or fail to take) a covered 

personnel action against the employee 

or applicant and, if so, what, if any, 

corrective action can and should be 

appropriately ordered. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

Records or information from this 

system of records may be disclosed 

under the following circumstances 

when it has been determined by the 

Department of Justice that such a need 

exists: 

1. To the news media and the public 

pursuant to 28 CFR 50.2 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. 

2. To a Member of Congress or staff 

acting upon the Member’s behalf when 

the Member or staff requests 

information on behalf of, and at the 

request of, the individual who is the 

subject of the record. 

3. To the National Archives and 

Records Administration for purposes of 

records management inspections 

conducted under the authority of 44 

U.S.C. 2904, 2906. 

4. Where a record, either on its face 

or in conjunction with other 

information, indicates a violation or 

potential violation of law—criminal, 

civil, or regulatory in nature—the 

relevant records may be referred to the 

appropriate Federal, State, local, 

foreign, or tribal law enforcement 

authority or other appropriate agency 

charged with the responsibility of 

investigating or prosecuting such a 

violation or enforcing or implementing 

such law. 

5. In an appropriate proceeding before 

a court, or administrative or 

adjudicative body, when the 

Department of Justice determines that 

the records are arguably relevant to the 

proceeding; or in an appropriate 

proceeding before an administrative or 

adjudicative body when the adjudicator 

Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Notices 53255 

determines the records to be relevant to 

the proceeding. 

6. To an actual or potential party to 

litigation or administrative proceeding, 

or to the party’s authorized 

representative, for the purpose of 

negotiation or discussion of such 

matters as settlement, plea bargaining, 

or in informal discovery proceedings. 

7. To appropriate officials and 

employees of a Federal agency or entity 

which requires information relevant to a 

decision concerning the hiring, 

appointment, or retention of an 

employee; the issuance, renewal, 

suspension, or revocation of a security 

clearance; the execution of a security or 

suitability investigation; the letting of a 

contract; or the issuance of a grant or 

benefit. 

8. To Federal, State, local, tribal, 

foreign, or international licensing 

agencies or associations which require 

information concerning the suitability 

or eligibility of an individual for a 

license or permit. 

9. To contractors, grantees, experts, 

consultants, students, and others 

performing or working on a contract, 

service, grant, cooperative agreement, or 

other assignment for the Federal 

Government, when necessary to 

accomplish an agency function related 

to this system of records. 

10. To a former employee of the 

Department for purposes of: responding 

to an official inquiry by a Federal, State, 

or local government entity or 

professional licensing authority, in 

accordance with applicable Department 

regulations; or facilitating 

communications with a former 

employee that may be necessary for 

personnel-related or other official 

purposes where the Department requires 

information and/or consultation 

assistance from the former employee 

regarding a matter within that person’s 

former area of responsibility. 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

Not applicable. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records are maintained in hard copy 

and in electronic form accessible with 

office automation software on 

Department personal computers within 

OARM’s office suite. 

RETRIEVABILITY: 

Information is retrieved by the name 

of the individual who has filed a request 

for corrective action with OARM (or for 

whom OIG or OPR has made a 

recommendation for corrective action to 

OARM) pursuant to a claim of unlawful 

reprisal brought under the FBI 

whistleblower regulations, 28 CFR Part 

27. 

SAFEGUARDS: 

Information in this system is 

safeguarded in accordance with 

applicable rules and policies, including 

the Department’s automated systems 

security and access policies. Records in 

this system are maintained in restricted 

access space in Department of Justice 

controlled facilities and offices. All 

physical access to the building where 

this system of records is maintained is 

controlled and monitored by security 

personnel. Computerized data is 

password protected. The information is 

accessed only by authorized Department 

personnel or by non-Department 

personnel properly authorized to assist 

in the conduct of an agency function 

related to these records. 

RETENTION AND DISPOSAL: 

The retention and disposal schedule 

for these records is pending approval of 

the National Archives and Records 

Administration. 

SYSTEM MANAGER(S) AND ADDRESS: 

Director, Office of Attorney 

Recruitment and Management, Justice 

Management Division, Department of 

Justice, 20 Massachusetts Avenue, NW., 

Suite 5100, Washington, DC 20530. 

NOTIFICATION PROCEDURE: 

Address inquiries to the System 

Manager named above. 

RECORD ACCESS PROCEDURES: 

Requests for access must be in writing 

and should be addressed to the System 

Manager named above. The envelope 

and letter should be clearly marked 

‘‘Privacy Act Request.’’ Requests for 

access to records must comply with the 

Department’s Privacy Act regulations, to 

include a general description of the 

records sought, and the requester’s full 

name, current address, and date and 

place of birth. The request must be 

signed and dated and either notarized or 

submitted under penalty of perjury. 

Some information may be exempt from 

access provisions as described in the 

section entitled ‘‘Exemptions Claimed 

for the System.’’ 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. 

CONTESTING RECORD PROCEDURES: 

Individuals desiring to contest or 

amend information maintained in the 

system should direct their request 

according to the Records Access 

procedures and to the System Manager 

above, stating clearly and concisely 

what information is being contested, the 

reasons for contesting it, and the 

proposed amendment to the information 

sought. Some information may be 

exempt from contesting record 

procedures as described in the section 

entitled ‘‘Exemptions Claimed for the 

System.’’ An individual who is the 

subject of a record in this system may 

amend those records that are not 

exempt. A determination whether a 

record may be amended will be made at 

the time a request is received. 

RECORD SOURCE CATEGORIES: 

Information in this system of records 

is obtained from the subject of the 

record and/or the subject’s 

representative, the FBI, officials of the 

Department, and official Department 

documents. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

The Attorney General has exempted 

this system 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). A determination as to 

exemption shall be made at the time a 

request for access or amendment is 

received. Rules have been promulgated 

in accordance with the requirements of 

5 U.S.C. 553(b), (c), and (e), and have 

been published in the Federal Register. 

[FR Doc. 05–17700 Filed 9–6–05; 8:45 am] 

BILLING CODE 4410–FR–P 

DEPARTMENT OF LABOR 

Bureau of Labor Statistics 

Proposed Collection; Comment 

Request 

ACTION: Notice. 

SUMMARY: The Department of Labor, as 

part of its continuing effort to reduce 

paperwork and respondent burden, 

conducts a pre-clearance consultation 

program to provide the general public 

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