55622 Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Notices 

2005, unless modified by a subsequent 

notice to incorporate comments 

received from the public. 

ADDRESSES: Mail written comments to 

Debra Buccolo, Privacy Act Officer, 

Farm Credit Administration, McLean, 

Virginia 22102–5090. You may send 

comments by e-mail to 

dbuccolo@fca.gov. Copies of all 

communications received will be 

available for examination by interested 

parties in the offices of the FCA. 

FOR FURTHER INFORMATION CONTACT: 

Debra Buccolo, Privacy Act Officer, 

Farm Credit Administration, McLean, 

Virginia 22102–5090, (703) 883–4022, 

TTY (703) 883–4020, 

Or 

Jane Virga, Office of General Counsel, 

Farm Credit Administration, McLean, 

Virginia, 22102–5090, (703) 883–4071, 

TTY (703) 883–4020. 

SUPPLEMENTARY INFORMATION: This 

publication satisfies the requirement of 

the Privacy Act of 1974 that an agency 

publish a system notice in the Federal 

Register when there is a revision, 

change, or addition to the system of 

records. The FCA did not file a System 

Report with Congress and the Office of 

Management and Budget because the 

changes were minor. There were no 

significant changes to this system of 

records. The amended system notice 

reflects minor changes in the Agency’s 

organization and filing, and clearly 

identifies the record sources for this 

system of records. 

The amended system of records is: 

FCA–9, Personnel Security Files. The 

notice is published in its entirety below. 

FCA–9 

SYSTEM NAME: 

Personnel Security Files—FCA. 

SECURITY CLASSIFICATION: 

None. 

SYSTEM LOCATION: 

Farm Credit Administration, 1501 

Farm Credit Drive, McLean, VA 22102–

5090. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Current and former FCA employees. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

This system contains case files 

compiled during background 

investigations of employees in sensitive 

positions. It may include: (a) Security 

forms (e.g., SF 85P, Questionnaire for 

Public Trust Positions); (b) investigative 

reports that may include a credit check, 

a check of police records, and 

interviews with neighbors, former 

supervisors, and coworkers; (c) a 

determination of suitability for 

employment or for a security clearance 

by FCA’s security officer; and (d) 

issuance of clearance statement. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

12 U.S.C. 2243, 2252; Executive 

orders 10450 and 10577. 

PURPOSE(S): 

We use information in this system of 

records to determine suitability for 

employment and to issue a clearance. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

See the ‘‘General Statement of Routine 

Uses.’’

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

None. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

We maintain records in file folders. 

RETRIEVABILITY: 

We retrieve records by name. 

SAFEGUARDS: 

We maintain records in a locked safe 

in an area that is secured after business 

hours. Only the Personnel Security 

Officer and Alternate Personnel Security 

Officer have access to the records. 

RETENTION AND DISPOSAL: 

Files are retained in accordance with 

the National Archives and Records 

Administration General Records 

Schedule requirements for personnel 

security records. 

SYSTEM MANAGER(S) AND ADDRESS: 

Personnel Security Officer, Office of 

the Chief Administrative Officer, Farm 

Credit Administration, 1501 Farm 

Credit Drive, McLean, VA 22102–5090. 

NOTIFICATION PROCEDURE: 

Address inquiries about this system of 

records to: Privacy Act Officer, Farm 

Credit Administration, 1501 Farm 

Credit Drive, McLean, VA 22102–5090. 

RECORD ACCESS PROCEDURES: 

To obtain a record, contact: Privacy 

Act Officer, Farm Credit 

Administration, 1501 Farm Credit Drive, 

McLean, VA 22102–5090, as provided 

in 12 CFR part 603. 

CONTESTING RECORD PROCEDURES: 

Direct requests for amendments to a 

record to: Privacy Act Officer, Farm 

Credit Administration, 1501 Farm 

Credit Drive, McLean, VA 22102–5090, 

as provided in 12 CFR part 603. 

RECORD SOURCE CATEGORIES: 

Information in this system of records 

comes from: (1) The individual to whom 

the record applies; (2) Office of 

Personnel Management’s investigative 

files maintained by the Investigations 

Service; (3) employment information 

maintained by the FCA; and (4) external 

and internal investigative inquiries by 

Federal law enforcement agencies. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

Information in this system of records 

about a confidential source’s identity is 

subject to a specific exemption, 5 U.S.C. 

552a(k)(5), to ensure accurate 

information on employment suitability. 

Dated: September 16, 2005. 

Jeanette C. Brinkley, 

Secretary, Farm Credit Administration Board. 

[FR Doc. 05–18891 Filed 9–21–05; 8:45 am] 

BILLING CODE 6705–01–P 

FEDERAL ELECTION COMMISSION 

Sunshine Act Meeting 

DATE AND TIME: Tuesday, September 27, 

2005 at 10 a.m. 

PLACE: 999 E Street, NW., Washington, 

DC. 

STATUS: This meeting will be closed to 

the public. 

ITEMS TO BE DISCUSSED: Compliance 

matters pursuant to 2 U.S.C. 437g. 

Audits conducted pursuant to 2 

U.S.C. 437g, 438(b), and Title 26, U.S.C. 

Matters concerning participation in 

civil actions or proceedings or 

arbitration. 

Internal personnel rules and 

procedures or matters affecting a 

particular employee. 

PERSON TO CONTACT FOR INFORMATION: 

Mr. Robert Biersack, Press Officer, 

Telephone (202) 694–1220. 

Mary W. Dove, 

Secretary of the Commission. 

[FR Doc. 05–19075 Filed 9–20–05; 2:53 pm] 

BILLING CODE 6715–01–M 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

Determination Pursuant to Section 102 

of the Illegal Immigration Reform and 

Immigrant Responsibility Act of 1996 

as Amended by Section 102 of the 

REAL ID Act of 2005 

AGENCY: Office of the Secretary, 

Department of Homeland Security 

ACTION: Notice of determination. 

Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Notices 55623 

SUMMARY: The Secretary of Homeland 

Security has determined, pursuant to 

law, that it is necessary to waive certain 

laws, regulations and other legal 

requirements in order to ensure the 

expeditious construction of barriers and 

roads along the international land 

border of the United States in California. 

DATES: This Notice is effective on 

September 22, 2005. 

Determination and Waiver 

In section 102(a) of the Illegal 

Immigration Reform and Immigrant 

Responsibility Act of 1996, Public Law 

104–208, Div. C, 110 Stat. 3009–546, 

3009–554 (Sept. 30, 1996) (8 U.S.C 1103 

note (2000) (IIRIRA)), Congress provided 

that the Attorney General shall take 

such actions as may be necessary to 

install additional physical barriers and 

roads (including the removal of 

obstacles to detection of illegal entrants) 

in the vicinity of the United States 

border to deter illegal crossings in areas 

of high illegal entry into the United 

States. Pursuant to sections 1511 and 

1517 of the Homeland Security Act of 

2002, Public Law 107–296, 116 Stat. 

2135, 2309, 2311 (Nov. 25, 2002) (HSA) 

(6 U.S.C. 551, 557), the authorities of the 

Attorney General contained in section 

102 of the IIRIRA were transferred to 

me. In section 102(c) of the IIRIRA, as 

amended by section 102 of the REAL ID 

Act of 2005, Public Law 109–13, Div. B, 

119 Stat. 231, 302, 306 (May 11, 2005) 

(REAL ID Act) 8 U.S.C. 1103 note), 

Congress granted to me the authority to 

waive all legal requirements that I, in 

my sole discretion, determine necessary 

to ensure the expeditious construction 

of barriers and roads under section 102 

of IIRIRA. 

In section 102(b) of the IIRIRA, 

Congress specifically provided for the 

construction along the 14 miles of the 

international land border of the United 

States, starting at the Pacific Ocean and 

extending eastward, of second and third 

fences, in addition to the existing 

reinforced fence, and for roads between 

the fences. In section 446 of the HSA, 

Congress expressed its sense that 

completing the 14-mile border project 

under section 102(b) of the IIRIRA 

should be a priority for the Secretary of 

Homeland Security. Nearly nine years 

after the passage of the IIRIRA, the 

project prescribed in section 102(b) of 

the IIRIRA remains incomplete. 

In order to ensure the expeditious 

construction of the barriers and roads 

that Congress prescribed in section 

102(b) of the IIRIRA, regarding which 

Congress expressed its support in 

section 446 of the HSA, 116 Stat. 2195 

(6 U.S.C. 256), and which is an area of 

high illegal entry into the United States, 

I have determined that it is necessary 

that I exercise the authority that was 

transferred to me by sections 1511 and 

1517 of the HSA and that is vested in 

me by section 102(c) of the IIRIRA as 

amended by section 102 of the REAL ID 

Act. Accordingly, I hereby waive in 

their entirety, with respect to the 

construction of the barriers and roads 

prescribed in section 102(b) of the 

IIRIRA (including, but not limited to, 

the conduct of earthwork, excavation, 

fill, and site preparation, and 

installation and upkeep of fences, roads, 

supporting elements, drainage, erosion 

controls, safety features, detection 

equipment, and lighting), all federal, 

state, or other laws, regulations and 

legal requirements of, deriving from, or 

related to the subject of, the following 

laws, as amended: The National 

Environmental Policy Act (Pub. L. 91–

190, 83 Stat. 852, (Jan. 1, 1970) (42 

U.S.C. 4321 et seq.)), the Endangered 

Species Act (Pub. L. 93–205, 87 Stat. 

884 (Dec. 28, 1973) (16 U.S.C. 1531 et 

seq.)), the Coastal Zone Management 

Act (Pub. L. 92–583, 86 Stat. 1280 (Oct. 

27, 1972) (16 U.S.C. 1451 et seq.)), the 

Federal Water Pollution Control Act 

(commonly referred to as the Clean 

Water Act) (Act of June 30, 1948, c. 758, 

62 Stat. 1155 (33 U.S.C. 1251 et seq.)), 

the National Historic Preservation Act 

(Pub. L. 89–665, 80 Stat. 915 (Oct. 15, 

1966) (16 U.S.C. 470 et seq.)), the 

Migratory Bird Treaty Act (16 U.S.C. 

703 et seq.), the Clean Air Act (42 U.S.C. 

7401 et seq.), and the Administrative 

Procedure Act (5 U.S.C. 551 et seq.). I 

reserve the authority to make further 

waivers from time to time under the 

authority granted to me by section 

102(c) of the IIRIRA, as amended by 

section 102 of the REAL ID Act, as I may 

determine to be necessary to accomplish 

the provisions of section 102 of IIRIRA. 

Dated: September 13, 2005. 

Michael Chertoff, 

Secretary of Homeland Security. 

[FR Doc. 05–18882 Filed 9–21–05; 8:45 am] 

BILLING CODE 4410–10–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Bureau of Customs and Border 

Protection 

Automated Commercial Environment 

(ACE): Elimination of Bond Rider 

Requirement for Participation in 

Periodic Monthly Statement Payment 

Process 

AGENCY: Customs and Border Protection; 

Department of Homeland Security. 

ACTION: General notice. 

SUMMARY: This notice announces 

changes in the Bureau of Customs and 

Border Protection’s (CBP) National 

Customs Automation Program (NCAP) 

test concerning periodic monthly 

deposit of estimated duties and fees. 

Participants in the Periodic Monthly 

Statement test are no longer required to 

provide a bond rider covering the 

periodic payment of estimated duties 

and fees. Nonpayment or untimely 

payment of estimated duties and fees, 

however, may result in action by CBP to 

impose sanctions on the delinquent 

importer of record or to allow the surety 

to terminate its basic importation bond. 

If the bond principal is a participant in 

the Periodic Monthly Statement test, 

sureties will now be allowed, under 

certain conditions, to terminate bonds 

with 3 business days notice to the bond 

principal and CBP. 

EFFECTIVE DATES: The elimination of the 

requirement to provide a bond rider 

covering the periodic payment of 

estimated duties is effective 

immediately. 

ADDRESSES: Comments concerning this 

notice should be submitted to Robert B. 

Hamilton via e-mail at 

Robert.B.Hamilton@dhs.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 4, 2004, the Bureau of 

Customs and Border Protection (CBP) 

published a General Notice in the 

Federal Register (69 FR 5362) 

announcing the National Customs 

Automation Program (NCAP) test for 

Periodic Monthly Payment Statement 

Process. The test, which is part of CBP’s 

Automated Commercial Environment 

(ACE), benefits participants by giving 

them access to operational data through 

the ACE Secured Data Portal (‘‘ACE 

Portal’’), which provides them the 

capability to interact electronically with 

CBP, and by allowing them to deposit 

estimated duties and fees on a monthly 

basis based on a Periodic Monthly 

Statement generated by CBP. 

When the test started, only importers 

were eligible to apply for the test. 

Eligibility was later expanded to allow 

brokers to apply if they were 

specifically designated by an ACE 

importer. 

On September 8, 2004, CBP published 

a General Notice in the Federal Register 

(69 FR 54302) which invited customs 

brokers, regardless of whether they were 

designated by participating importers to 

make Periodic Monthly Statement 

payments on their behalf, to apply to 

participate in the test. That notice set