69486 Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Proposed Rules 

PART 1309—REGISTRATION OF 

MANUFACTURERS, DISTRIBUTORS, 

IMPORTERS, AND EXPORTERS OF 

LIST I CHEMICALS [AMENDED] 

3. The authority citation for Part 1309 

is proposed to be amended to read as 

follows: 

Authority: 21 U.S.C. §§ 821, 822, 823, 824, 

830, 871(b), 875, 877, 886a, 958. 

4. Section 1309.11 is proposed to be 

revised to read as follows: 

§§ 1309.11 Fee amounts. 

(a) For each application for 

registration or reregistration to 

manufacture for distribution the 

applicant shall pay an annual fee of 

$2,386. 

(b) For each application for 

registration or reregistration to 

distribute (either retail distribution or 

non-retail distribution), import, or 

export a List I chemical, the applicant 

shall pay an annual fee of $1,193. 

5. Section 1309.12 is proposed to be 

revised to read as follows: 

§§ 1309.12 Time and method of payment; 

refund. 

(a) For each application for 

registration or reregistration to 

manufacture for distribution, distribute 

(either retail distribution or non-retail 

distribution), import, or export a List I 

chemical, the applicant shall pay the fee 

when the application for registration or 

reregistration is submitted for filing. 

(b) Payment should be made in the 

form of a personal, certified, or cashier’s 

check or money order made payable to 

‘‘Drug Enforcement Administration.’’

Payments made in the form of stamps, 

foreign currency, or third party 

endorsed checks will not be accepted. 

These application fees are not 

refundable. 

6. Section 1309.24 is proposed to be 

revised to read as follows: 

§§ 1309.24 Waiver of registration 

requirement for certain activities. 

(a) The requirement of registration is 

waived for any agent or employee of a 

person who is registered to engage in 

any group of independent activities, if 

such agent or employee is acting in the 

usual course of his or her business or 

employment. 

(b) The requirement of registration is 

waived for any person whose activities 

with respect to List I chemicals are 

limited to the distribution of red 

phosphorus, white phosphorus, or 

hypophosphorous acid (and its salts) to: 

another location operated by the same 

firm solely for internal end-use; or an 

EPA or State licensed waste treatment or 

disposal firm for the purpose of waste 

disposal. 

(c) The requirement of registration is 

waived for any person whose 

distribution of red phosphorus or white 

phosphorus is limited solely to residual 

quantities of chemical returned to the 

producer, in reusable rail cars and 

intermodal tank containers which 

conform to International Standards 

Organization specifications (with 

capacities greater than or equal to 2,500 

gallons in a single container). 

(d) The requirement of registration is 

waived for any retail distributor whose 

activities with respect to List I 

chemicals are limited to the distribution 

of below-threshold quantities of a 

pseudoephedrine, 

phenylpropanolamine, or combination 

ephedrine product that is regulated 

pursuant to § 1300.02(b)(28)(i)(D) of this 

chapter, in a single transaction to an 

individual for legitimate medical use, 

irrespective of whether the form of 

packaging of the product meets the 

definition of ‘‘ordinary over-the-counter 

pseudoephedrine or 

phenylpropanolamine product’’ under 

§ 1300.02(b)(31) of this chapter. 

(e) The requirement of registration is 

waived for any manufacturer of a List I 

chemical, if that chemical is produced 

solely for internal consumption by the 

manufacturer and there is no 

subsequent distribution or exportation 

of the List I chemical. 

(f) If any person exempted under 

paragraph (b), (c) or (d) of this section 

also engages in the distribution, 

importation or exportation of a List I 

chemical, other than as described in 

such paragraph, the person shall obtain 

a registration for such activities, as 

required by § 1309.21 of this part. 

(g) The Administrator may, upon 

finding that continuation of the waiver 

would not be in the public interest, 

suspend or revoke a waiver granted 

under paragraph (b), (c), or (d) of this 

section pursuant to the procedures set 

forth in §§ 1309.43 through 1309.46 and 

§§ 1309.51 through 1309.55 of this part. 

(h) Any person exempted from the 

registration requirement under this 

section shall comply with the security 

requirements set forth in §§ 1309.71–

1309.73 of this part and the 

recordkeeping and reporting 

requirements set forth under parts 1310 

and 1313 of this chapter. 

Dated: November 8, 2005. 

Michele M. Leonhart, 

Deputy Administrator. 

[FR Doc. 05–22681 Filed 11–15–05; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

28 CFR Part 16 

[AAG/A Order No. 015–2005] 

Privacy Act of 1974; Implementation 

AGENCY: Department of Justice. 

ACTION: Proposed rule. 

SUMMARY: The Department of Justice, 

Tax Division, proposes to amend 28 

CFR part 16 to exempt a newly revised 

Privacy Act system of records entitled 

‘‘Files of Applicants For Attorney and 

Non-Attorney Positions with the Tax 

Division, Justice/TAX–003,’’ as 

described in today’s notice section of 

the Federal Register, from 5 U.S.C. 

552a(c)(3), (d)(1), and (e)(1). 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(k)(2) and (k)(5). The 

exemptions are necessary to protect the 

confidentiality of employment records. 

The Department also proposes to delete 

as obsolete provisions exempting two 

former Tax Division systems of records: 

‘‘Freedom of Information/Privacy Act 

Request Files, Justice/TAX–004;’’ and 

‘‘Tax Division Special Project Files, 

Justice/TAX–005.’’ The records in Tax004 are now covered by a 

Departmentwide system notice, 

‘‘Freedom of Information Act, Privacy 

Act, and Mandatory Declassification 

Review Requests and Administrative 

Appeals, DOJ–004’’. The relevant 

records in TAX–005 are now part of the 

revised system entitled ‘‘Criminal Tax 

Case Files, Special Project Files, Docket 

Cards, and Associated Records, Justice/ 

TAX–001.’’

DATES: Submit any comments by 

December 27, 2005. 

ADDRESSES: Address all comments 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. on your 

correspondence. You may view 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. 

Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Proposed Rules 69487 

SUPPLEMENTARY INFORMATION: 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 and 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: 

PART 16—PRODUCTION OR 

DISCLOSURE OF MATERIAL OR 

INFORMATION 

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, and 9701. 

2. Section 16.93 is amended by: 

a. Removing the first sentence of 

paragraph (a)(2); 

b. Revising paragraph (b) introductory 

text; 

c. Revising paragraphs (e) and (f). 

Therefore, amend the section to read 

as follows: 

§ 16.93 Exemption of Tax Division 

Systems—limited access. 

* * * * * 

(b) The system of records listed under 

paragraph (a)(1) of this section is 

exempted for the reasons set forth 

below, from the following provisions of 

5 U.S.C. 552a: 

* * * * * 

(e) The following system of records is 

exempt from subsections (c)(3), (d)(1), 

and (e)(1) of the Privacy Act pursuant to 

5 U.S.C. 552a(k)(2) and (k)(5): Files of 

Applicants for Attorney and NonAttorney Positions with the Tax 

Division, Justice/TAX–003. These 

exemptions apply only to the extent that 

information in a record is subject to 

exemption pursuant to 5 U.S.C. 

552a(k)(2) and (k)(5). 

(f) Exemption from the particular 

subsections is justified for the following 

reasons: 

(1) From subsection (c)(3) because an 

accounting could reveal the identity of 

confidential sources and result in an 

unwarranted invasion of the privacy of 

others. Many persons are contacted 

who, without an assurance of 

anonymity, refuse to provide 

information concerning an applicant for 

a position with the Tax Division. 

Disclosure of an accounting could reveal 

the identity of a source of information 

and constitutes a breach of the promise 

of confidentiality by the Tax Division. 

This would result in the reduction in 

the free flow of information vital to a 

determination of an applicant’s 

qualifications and suitability for federal 

employment. 

(2) From subsection (d)(1) because 

disclosure of records in the system 

could reveal the identity of confidential 

sources and result in an unwarranted 

invasion of the privacy of others. Many 

persons are contacted who, without an 

assurance of anonymity, refuse to 

provide information concerning an 

applicant for a Tax Division position. 

Access could reveal the identity of the 

source of the information and constitute 

a breach of the promise of 

confidentiality on the part of the Tax 

Division. Such breaches ultimately 

would restrict the free flow of 

information vital to a determination of 

an applicant’s qualifications and 

suitability. 

(3) From subsection (e)(1) because in 

the collection of information for 

investigation and evaluative purposes, it 

is impossible to determine in advance 

what exact information may be of 

assistance in determining the 

qualification and suitability of an 

applicant. Information which may 

appear irrelevant, when combined with 

other seemingly irrelevant information, 

can on occasion provide a composite 

picture of an applicant for a position 

which assists in determining whether 

the applicant should be hired. 

Dated: November 7, 2005. 

Paul R. Corts, 

Assistant Attorney General for 

Administration. 

[FR Doc. 05–22640 Filed 11–15–05; 8:45 am] 

BILLING CODE 4410–16–P 

DEPARTMENT OF JUSTICE 

28 CFR Part 16 

[AAG/A Order No. 017–2005] 

Privacy Act of 1974; Implementation 

AGENCY: Department of Justice. 

ACTION: Proposed rule. 

SUMMARY: The Department of Justice, 

Bureau of Prisons (Bureau or BOP), 

proposes to exempt a Privacy Act 

system of records from the following 

subsections of the Privacy Act: (c)(3) 

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

and (g). This system of records is the 

‘‘Inmate Electronic Message Record 

System, (JUSTICE/BOP–013)’’, as stated 

and described in today’s notice section 

of the Federal Register. 

The exemptions are necessary to 

preclude the compromise of institution 

security, to better ensure the safety of 

inmates, Bureau personnel and the 

public, to better protect third party 

privacy, to protect law enforcement and 

investigatory information, and/or to 

otherwise ensure the effective 

performance of the Bureau’s law 

enforcement functions. 

DATES: Submit any comments by 

January 17, 2006. 

ADDRESSES: Address all comments 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. on your 

correspondence. You may view 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: 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 

procedure, Freedom of Information Act, 

Government in the Sunshine Act, and 

Privacy Act. 

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: 

PART 16—PRODUCTION OR 

DISCLOSURE OF MATERIAL 

INFORMATION 

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 and 9701.