64424 Federal Register / Vol. 60, No. 241 / Friday, December 15, 1995 / Notices

Dated: December 6, 1995.

Brad G. Bauer,

Acting Director, Procurement Services

Division.

[FR Doc. 95–30590 Filed 12–14–95; 8:45 am]

BILLING CODE 6450–01–P

Privacy Act of 1974; Amendment of

Existing System of Records

AGENCY: Department of Energy (DOE).

ACTION: Amendment of one existing

system of records.

SUMMARY: Federal Agencies are required

by the Privacy Act of 1974 (Pub. L. 93–

579, 5 U.S.C. 552a) to publish notice in

the Federal Register of proposed

amendments to the routine uses of

existing systems of records. The

Department of Energy proposes to

amend the routine uses of one of its

systems of records, DOE–15, Payroll and

Pay-Related Data For Employees Of

Terminated Contractors, to permit

disclosure of certain categories of

records in the system for

epidemiological and other health

studies and surveys and to health

studies advisory entities as routine uses

of these categories of records.

DATES: The proposed revisions will

become effective without further notice

40 days after publication in the Federal

Register (January 24, 1996), unless

comments are received on or before that

date that would result in a contrary

determination and a notice is published

to that effect.

ADDRESSES: Written comments should

be directed to the following address:

Director, FOIA/Privacy Act Division,

Office of Executive Secretariat, U.S.

Department of Energy, HR–78, 1000

Independence Avenue, SW.,

Washington, DC 20585. Written

comments will be available for

inspection at the above address between

the hours of 9 a.m. and 4 p.m.

FOR FURTHER INFORMATION CONTACT: (1)

Heather Stockwell, Acting Director,

Office of Epidemiologic Studies, EH–62,

U.S. Department of Energy, 19901

Germantown Road, Germantown, MD

20874–1290, (301) 903–3721 or (2)

GayLa D. Sessoms, Director, FOIA/

Privacy Act Division, HR–78, U.S.

Department of Energy, 1000

Independence Avenue SW.,

Washington, DC 20585, (202) 586–5955

or (3) Harold Halpern, Office of General

Counsel, GC–80, U.S. Department of

Energy, 1000 Independence Avenue,

SW., Washington, DC 20585, (202) 586–

7406.

SUPPLEMENTARY INFORMATION: The

Department of Energy proposes to

amend the routine uses of one of its

systems of record, DOE–15, Payroll and

Pay-Related Data For Employees Of

Terminated Contractors, to permit

disclosure of certain categories of

records in this system for

epidemiological and other health

studies and surveys and to health

studies advisory entities as routine uses

of these categories of records.

Previously, the Department amended

12 other systems of records to permit

disclosure of all categories of records in

the 12 systems for health studies and to

health studies advisory entities. See 60

FR 33510 (June 28, 1995). The

Department received no comments

concerning that proposal. The currently

proposed amendments, as detailed

below, would permit only certain

categories of records in this system to be

disclosed for health studies and to

advisory entities.

Categories of records in DOE–15 to be

made available for the new routine uses

include employment history, job titles,

and discrete portions of payroll data

reflecting attendance, illness, or other

matters of the type described above.

Records that could reflect adversely on

their subjects, such as disciplinary

actions, reprimands, admonitions,

adverse actions, performance appraisals,

security infraction notices and similar

matters, will not be made available for

the proposed new routine uses.

The Department’s epidemiology and

health surveillance program was

established to determine the health

effects of the Department’s activities on

workers and populations having access,

or in proximity, to the Department’s

facilities. Epidemiological studies are an

important means of determining the

status of, and improving, public health.

Epidemiological studies permit the

scientific evaluation of the effects of

exposure to potentially harmful

materials by determining and

quantifying health effects associated

with such exposures. Health surveys,

which are used to assess immediate

health issues, are designed to discover

the occupational source of outbreaks of

illness, injury, or death, and to describe

the extent of exposure to specific

substances at a single point in time.

Surveillance is used to identify new and

emerging health problems by

monitoring groups of workers, who have

the same job or exposures, for changes

in their illness and injury patterns over

time.

The proposed health study routine

use amendments to the system will

assist the Department in studying and

monitoring individual employee and

aggregate population health risks from

exposures to radiation or other hazards

that may have occurred as a result of the

Department’s operations.

Pursuant to Memoranda of

Understanding with the Department of

Health and Human Services (‘‘HHS’’),

and the Agency for Toxic Substances

and Disease Registry (‘‘ATSDR’’),

studies, surveys and surveillances will

be conducted for DOE by units of the

Public Health Service, including the

National Institute for Occupational

Safety and Health and the National

Center for Environmental Health of the

Centers for Disease Control and

Prevention, and ATSDR, and their

contractors, grantees, and cooperative

agreement holders. States also may

perform studies as the Department’s or

the Department of Health and Human

Services’ contractors, grantees, or

cooperative agreement holders.

The studies are focussed on a variety

of areas that are important for assessing

the real and potential health risks to

workers and the public resulting from

the Department’s energy-related

technologies and activities. The studies

should provide information that is

necessary for long-range energy

planning pursuant to continued

development of the national energy

strategy. The health studies include all

Department facilities and workers and

other special populations that have

relevance to the Department’s mission.

The proposed new routine uses of

records in this system of records are:

(1) Discrete portions of payroll and

pay related data reflecting employment

history, date of birth, job titles, job

descriptions, attendance, accidents,

illnesses, medical conditions, exposure

to toxic agents and similar matters, may

be disclosed to facilitate health hazard

evaluations, epidemiological studies, or

public health activities required by law

performed by personnel, contractor

personnel, grantees, and cooperative

agreement holders of components of the

Department of Health and Human

Services, including the National

Institute for Occupational Safety and

Health and the National Center for

Environmental Health of the Centers for

Disease Control and Prevention, and the

Agency for Toxic Substances and

Disease Registry pursuant to

Memoranda of Understanding between

the Department and the Department of

Health and Human Services or its

components. Records that may reflect

adversely upon individuals, such as

records concerning disciplinary actions,

reprimands, admonitions, adverse

actions, performance appraisals,

security infraction notices, supervisoremployee discussions, and similar

matters, will not be made available for

the proposed new routine uses.
Federal Register / Vol. 60, No. 241 / Friday, December 15, 1995 / Notices 64425

(2) Subject to the same Privacy Act

limitations applicable to employees of

the Department, discrete portions of

payroll and pay related data reflecting

employment history, date of birth, job

titles, job descriptions, attendance,

accidents, illnesses, medical conditions,

exposure to toxic agents and similar

matters, may be disclosed as a routine

use to contractors, grantees, participants

in cooperative agreements, collaborating

researchers, or their employees, in

performance of health studies or related

health or environmental duties pursuant

to their contracts, grants, and

cooperating or collaborating research

agreements. In order to perform such

studies, the Department, its contractors,

grantees, participants in cooperative

agreements, and collaborating

researchers may disclose a record: to

Federal, State, and local health and

medical agencies or authorities; to

subcontractors in order to determine a

subject’s vital status or cause of death;

to health care providers to verify a

diagnosis or cause of death; or to third

parties to obtain current addresses for

participants in health-related studies,

surveys and surveillances. All recipients

of such records are required to comply

with the Privacy Act, to follow

prescribed measures to protect personal

privacy, and to disclose or use

personally identifiable information only

for the above described research

purposes. Records that may reflect

adversely upon individuals, such as

records concerning disciplinary actions,

reprimands, admonitions, adverse

actions, performance appraisals,

security infraction notices, supervisoremployee discussions, and similar

matters, will not be made available for

the proposed new routine uses.

(3) Discrete portions of payroll and

pay related data reflecting employment

history, date of birth, job titles, job

descriptions, attendance, accidents,

illnesses, medical conditions, exposure

to toxic agents, and similar matters, may

be disclosed to members of Department

advisory committees, the Department of

Health and Human Services Advisory

Committee on Projects Related to

Department of Energy Facilities, and to

designated employees of Federal, State,

or local government, or governmentsponsored entities, authorized to

provide advice to the Department

concerning health, safety, or

environmental issues. All recipients of

such records are required to comply

with the Privacy Act, to follow

prescribed measures to protect personal

privacy, and to disclose or use

personally identifiable information only

for the purpose of providing advice to

the Department or to the Department of

Health and Human Services. Records

that may reflect adversely upon

individuals, such as records concerning

disciplinary actions, reprimands,

admonitions, adverse actions,

performance appraisals, security

infraction notices, supervisor-employee

discussions, and similar matters, will

not be made available for the proposed

new routine uses.

The proposed health studies

amendments should not have adverse

privacy consequences. Health studies

tend to benefit persons in the studied

populations by identifying possible

increases in adverse health effects

following exposure to toxic agents.

Individuals are never identified in

published studies and the studies are

not used to support determinations

concerning any individual’s rights,

benefits or privileges.

Furthermore, in addition to the

withholding of records that may

adversely reflect upon individual

employees, privacy interests will be

protected by a number of means. As a

condition of releasing individually

identifiable information for studies,

surveys, or surveillances conducted for

DOE, persons conducting studies will be

required to: (1) Keep personal

information confidential; (2) use

personal information only for purposes

of studies in which there is no

publication of the identity of any

individual subject; (3) consult with DOE

prior to any release of personally

identifiable information obtained from

DOE; (4) establish reasonable

administrative, technical, and physical

safeguards to prevent unauthorized use

or disclosure of the record; (5) make no

further use or disclosure of the record

except (a) in emergency circumstances

affecting the health or safety of any

individual, (b) for use in another

research project under these same

conditions and with written

authorization from the Department, (c)

for disclosure to an authorized person

for the purpose of an audit related to the

research project, and (d) when required

by law. Additionally, the Department

will secure a written statement attesting

to the recipient’s understanding of, and

willingness to abide by, these

provisions. The provisions in this

paragraph apply to DOE collaborating

researchers, not those studies being

performed by the Department of Health

and Human Services.

Privacy safeguards are in place

regarding the studies to be conducted

pursuant to the Memoranda of

Understanding with Department of

Health and Human Services or its

components. Department of Health and

Human Services has agreed: (1) Not to

use or disclose any personallyidentifiable information obtained from

DOE or its contractors and grantees

except for research purposes and other

public health activities required by law;

(2) not to use information in identifiable

form to make any determination about

the rights, benefits, or privileges of any

individual; (3) to use and disclose

information in accord with agreements

under which the personally-identifiable

information was obtained by the

Department or its contractors and

provided such use or disclosure is

consistent with applicable law; (4) to

notify the Department of any efforts to

use or obtain personally-identifiable

information for purposes other than

research or other public health activities

required by law; (5) to take appropriate

steps to prevent improper disclosure; (6)

to establish or modify Privacy Act

systems of records broadening the

‘‘Categories of Individuals’’ section to

specifically address information

provided by DOE, as necessary, and

consult with the Department concerning

provisions of Privacy Act systems of

records notices. Additionally,

Department of Health and Human

Services requires its contractors,

grantees and cooperative agreement

holders performing epidemiological

studies or other public health activities

required by law to abide by conditions

similar to those imposed by the

Department, as described in this

paragraph.

The Department is also adding its (1)

authority for maintaining this record

system, and (2) Savannah River

Operations Office as one of the locations

of records contained in DOE–15.

The Department is submitting the

report required by Office of

Management and Budget Circular A–130

concurrently with the publication of

this notice. The text of this notice

contains the information required by the

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

Issued in Washington, DC this 11th day of

December, 1995.

Archer L. Durham,

Assistant Secretary for Human Resources and

Administration.

DOE–15

SYSTEM NAME:

Payroll and Pay-Related Data for

Employees of Terminated Contractors.

SYSTEM LOCATION:

U.S. Department of Energy, 1000

Independence Avenue, SW.,

Washington, DC 20585

U.S. Department of Energy,

Albuquerque Operations Office, PO
64426 Federal Register / Vol. 60, No. 241 / Friday, December 15, 1995 / Notices

Box 5400, Albuquerque, N.M. 87185–

5400

U.S. Department of Energy, Chicago

Operations Office, 9800 South Cass

Avenue, Argonne, IL 60439

U.S. Department of Energy, Idaho

Operations Office, 785 DOE Place,

Idaho Falls, ID 83402

U.S. Department of Energy, Oak Ridge

Operations Office, PO Box 2001, Oak

Ridge, TN 37831–8501

U.S. Department of Energy, Richland

Operations Office, 825 Jadwin

Avenue, PO Box 550, Richland, WA

99352

U.S. Department of Energy, Savannah

River Operations Office, PO Box A,

Aiken, SC 29802

U.S. Department of Energy, Western

Area Power Administration, PO Box

4302, Golden, CO 80401

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

Former contractor employees.

CATEGORIES OF RECORDS IN THE SYSTEM:

Employee payroll data from

terminated contractors, employment

history, job titles, complaints, salary

reviews, and similar information.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

5 U.S.C. 301; Department of Energy

Organization Act, including

authorities incorporated by reference

in Title III of the Department of

Energy Organization Act.

PREVIOUS ROUTINE USES OF RECORDS

MAINTAINED IN THE SYSTEM, INCLUDING

CATEGORIES OF USERS AND THE PURPOSES OF

SUCH USES:

The records are used to verify past

earnings, job titles, periods of

employment, and pay status for

Government agencies, litigation and

medical decisions, plus the following:

1. In the event that a record within

this system of records maintained by

this agency indicates a violation or

potential violation of law, whether civil,

criminal or regulatory in nature, and

whether arising by general statute or

particular program pursuant thereto, the

relevant records in the system of records

may be referred as a routine use to the

appropriate agency, whether Federal,

State, local, or foreign, charged with the

responsibility of investigating or

prosecuting such violation or charged

with enforcing or implementing the

statute, or rule, regulation or order

issued pursuant thereto.

2. A record from this system of

records may be disclosed as a routine

use to a Federal, State, or local agency

maintaining civil, criminal, or other

relevant enforcement information, such

as current licenses, if necessary, to

obtain information relevant to an agency

decision concerning the hiring or

retention of an employee, the issuance

of a security clearance, the letting of a

contract, or the issuance of a license,

grant, or other benefit.

3. A record from this system of record

may be disclosed, as a routine use, to a

Federal agency, in response to its

request, in connection with the hiring or

retention of an employee, the issuance

of a security clearance, the reporting of

an investigation of an employee, the

letting of a contract, or the issuance of

a license, grant, or other benefit by the

requesting agency, to the extent that the

information is relevant and necessary to

the requesting agency’s decision on the

matter.

4. A record from this system of

records may be disclosed, as a routine

use, (a) to appropriate parties engaged in

litigation or in preparation of possible

litigation, such as potential witnesses,

for the purpose of securing their

testimony when necessary; (b) to courts,

magistrates, or administrative tribunals;

(c) to parties and their attorneys for the

purpose of proceeding with litigation or

settlement of disputes; and (d) to

individuals seeking information by

using established discovery procedures,

whether in connection with civil,

criminal, or regulatory proceedings.

5. A record maintained by this agency

to carry out its functions which relates

to civil and criminal proceedings may

be disclosed to the news media in

accordance with guidelines contained in

Department of Justice regulations 28

CFR 50.2.

6. A record maintained by this agency

to carry out its functions may be

disclosed to foreign governments in

accordance with treaty obligations.

7. A record from this system of

records may be disclosed to the Office

of Management and Budget in

connection with the review of private

relief legislation as set forth in OMB

Circular No. A–19 at any stage of the

legislative coordination and clearance

process as set forth in that Circular.

8. A record from this system of

records may be disclosed, as a routine

use, to DOE contractors in performance

of their contracts, and their officers and

employees who have a need for the

record in the performance of their duties

subject to the same limitations

applicable to DOE officers and

employees under the Privacy Act.

9. A record in this system of records

may be disclosed, as a routine use, to a

member of Congress submitting a

request involving the individual when

the individual is a constituent of the

member and has requested assistance

from the member with respect to the

subject matter of the record.

10. A record in this system of records

which contains medical and/or

psychological information may be

disclosed, as a routine use, to the

physician or mental health professional

of any individual submitting a request

for access to the record under the

Privacy Act of 1974 and DOE’s Privacy

Act regulations if, in its sole judgment

and good faith, DOE believes that

disclosure of the medical and/or

psychological information directly to

the individual who is the subject of the

record could have an adverse effect

upon that individual, in accordance

with the provisions of 5 U.S.C.

552a(f)(3) and applicable DOE

regulations.

PROPOSED AMENDED ROUTINE USES OF RECORDS

MAINTAINED IN THE SYSTEM, INCLUDING

CATEGORIES OF USERS AND THE PURPOSES OF

SUCH USES:

11. Discrete portions of payroll and

pay related data reflecting employment

history, date of birth, job titles, job

descriptions, attendance, accidents,

illnesses, medical conditions, exposure

to toxic agents and similar matters, may

be disclosed to facilitate health hazard

evaluations, epidemiological studies, or

public health activities required by law

performed by personnel, contractor

personnel, grantees, and cooperative

agreement holders of components of the

Department of Health and Human

Services, including the National

Institute for Occupational Safety and

Health and the National Center for

Environmental Health of the Centers for

Disease Control and Prevention, and the

Agency for Toxic Substances and

Disease Registry pursuant to

Memoranda of Understanding between

the Department and the Department of

Health and Human Services or its

components. Records that may reflect

adversely upon individuals, such as

records concerning disciplinary actions,

reprimands, admonitions, adverse

actions, performance appraisals,

security infraction notices, supervisoremployee discussions, and similar

matters, will not be made available for

the proposed new routine uses.

12. Subject to the same Privacy Act

limitations applicable to employees of

the Department, discrete portions of

payroll and pay related data reflecting

employment history, date of birth, job

titles, job descriptions, attendance,

accidents, illnesses, medical conditions,

exposure to toxic agents and similar

matters, may be disclosed as a routine

use to contractors, grantees, participants

in cooperative agreements, collaborating

researchers, or their employees, in
Federal Register / Vol. 60, No. 241 / Friday, December 15, 1995 / Notices 64427

performance of health studies or related

health or environmental duties pursuant

to their contracts, grants, and

cooperating or collaborating research

agreements. In order to perform such

studies, the Department, its contractors,

grantees, participants in cooperative

agreements, and collaborating

researchers may disclose a record: To

Federal, State, and local health and

medical agencies or authorities; to

subcontractors in order to determine a

subject’s vital status or cause of death;

to health care providers to verify a

diagnosis or cause of death; or to third

parties to obtain current addresses for

participants in health-related studies,

surveys and surveillances. All recipients

of such records are required to comply

with the Privacy Act, to follow

prescribed measures to protect personal

privacy, and to disclose or use

personally identifiable information only

for the above described research

purposes. Records that may reflect

adversely upon individuals, such as

records concerning disciplinary actions,

reprimands, admonitions, adverse

actions, performance appraisals,

security infraction notices, supervisoremployee discussions, and similar

matters, will not be made available for

the proposed new routine uses.

13. Discrete portions of payroll and

pay related data reflecting employment

history, date of birth, job titles, job

descriptions, attendance, accidents,

illnesses, medical conditions, exposure

to toxic agents, and similar matters, may

be disclosed to members of Department

advisory committees, the Department of

Health and Human Services Advisory

Committee on Projects Related to

Department of Energy Facilities, and to

designated employees of Federal, State,

or local government, or governmentsponsored entities, authorized to

provide advice to the Department

concerning health, safety, or

environmental issues. All recipients of

such records are required to comply

with the Privacy Act, to follow

prescribed measures to protect personal

privacy, and to disclose or use

personally identifiable information only

for the purpose of providing advice to

the Department or to the Department of

Health and Human Services. Records

that may reflect adversely upon

individuals, such as records concerning

disciplinary actions, reprimands,

admonitions, adverse actions,

performance appraisals, security

infraction notices, supervisor-employee

discussions, and similar matters, will

not be made available for the proposed

new routine uses.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Paper records.

RETRIEVABILITY:

By name.

SAFEGUARDS:

Records are maintained in DOE

records holding area.

RETENTION AND DISPOSAL:

Records retention and disposal

authorities are contained in the General

Records Schedule and DOE records

schedules which have been approved by

the National Archives and Records

Administration. Records within the

DOE are destroyed by shredding,

burning, or burial in a sanitary landfill,

as appropriate.

SYSTEM MANAGER(S) AND ADDRESS:

Headquarters: U.S. Department of

Energy, Office of Contractor Human

Resource Management, (HR–54) 1000

Independence Avenue, SW.,

Washington, DC 20585.

Field Offices: The directors of

contractors industrial relations at the

location where the records are

maintained are the system managers for

their respective portions of this system.

NOTIFICATION PROCEDURE:

a. Requests by an individual to

determine if a system of records

contains information about him/her

should be directed to the Director,

FOIA/Privacy Act Division, Department

of Energy, Washington, DC 20585, or the

Privacy Act Officer at the appropriate

address identified under the heading

‘‘System location’’, above, in accordance

with the Department’s Privacy Act

regulations (10 CFR part 1008 (45 FR

61576, September 16, 1980)).

b. Required identifying information:

Complete name, the geographic

location(s) and organization(s) where

requester believes such record may be

located, date of birth, and time period.

RECORD ACCESS PROCEDURES:

Same as notification procedures

above.

CONTESTING RECORD PROCEDURES:

Same as notification procedures

above.

RECORD SOURCE CATEGORIES:

DOE contractors.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS

OF THE ACT:

None.

[FR Doc. 95–30587 Filed 12–14–95; 8:45 am]

BILLING CODE 6450–01–P

Federal Energy Regulatory

Commission

[Docket No. EC96–5–000]

Old Dominion Electric Cooperative;

Notice of Application

December 11, 1995.

Take notice that on December 11,

1995, Old Dominion Electric

Cooperative (‘‘Old Dominion’’ or

‘‘Applicant’’) filed an application

seeking an order under Section 203 of

the Federal Power Act authorizing Old

Dominion to enter a lease and leaseback

transaction that includes its 50%

undivided interest in certain

jurisdictional transmission facilities

related to Unit 1 at the Clover Power

Station located in Halifax County,

Virginia.

Any person desiring to be heard or to

protest said filing should file a motion

to intervene or protest with the Federal

Energy Regulatory Commission, 888

First Street, N.E., Washington, D.C.

20426, in accordance with Rules 211

and 214 of the Commission’s Rules of

Practice and Procedure (18 CFR 385.211

and 18 CFR 385.214). All such motions

or protests should be filed on or before

December 22, 1995. Protests will be

considered by the Commission in

determining the appropriate action to be

taken, but will not serve to make

protestants parties to the proceeding.

Any person wishing to become a party

must file a motion to intervene. Copies

of this filing are on file with the

Commission and are available for public

inspection.

Lois D. Cashell,

Secretary.

[FR Doc. 95–30526 Filed 12–14–95; 8:45 am]

BILLING CODE 6717–01–M

[Docket No. CP96–95–000]

Koch Gateway Pipeline Company;

Notice of Request Under Blanket

Authorization

December 11, 1995.

Take notice that on December 4, 1995,

Koch Gateway Pipeline Company (Koch

Gateway), P.O. Box 1478, Houston,

Texas 77251–1478, filed in Docket No.

CP96–95–000 a request pursuant to

§§ 157.205 and 157.211 of the

Commission’s Regulations under the

Natural Gas Act (18 CFR 157.205,

157.211) for authorization to operate as

a jurisdictional facility, a delivery tap

placed in service under Section 311(a)

of the Natural Gas Policy Act and

§ 284.3(c) of the Commission’s

Regulations, under Koch Gateway’s

blanket certificate issued in Docket No.