Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Notices 46899 

SYSTEM LOCATION: 

U.S. Army Intelligence and Security 

Command, 8825 Beulah Street, Fort 

Belvoir, VA 22060–5246. 

Decentralized segments are located at 

U.S. Army Intelligence brigades, groups, 

battalions, companies, detachments, and 

field offices and resident offices 

worldwide. Official mailing addresses 

are published as an appendix to the 

Army’s compilation of systems of 

records notices. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Selected individuals who qualify and 

may be accepted as an intelligence or 

counterintelligence source for the U.S. 

Army. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Record consists of agreements; 

contracts; information reports; financial 

reports; operational correspondence; 

requests for, technical files, and results 

of polygraph examinations; audiovisual 

products and similar documents 

necessary to confirm operational use of 

source or future claims against the Army 

by source or heirs of the source. 

Administrative records required by the 

U.S. Army Investigative Records 

Repository (IRR) for records 

management purposes such as form 

transmitting operational material to the 

IRR and providing instructions for 

indexing the record in the Defense 

Central Index of Investigations [Defense 

Clearance and Investigations Index] 

(System Notice V5–02) and release of 

material contained therein, form 

indicating dossier has been reviewed 

and all material therein conforms to 

Department of Defense (DoD) policy 

regarding retention criteria, form 

pertaining to the release of information 

pertaining to controlled records, cross 

reference sheet to indicate the removal 

of investigative documents requiring 

limited access, form identifying material 

that has been segregated and or is 

exempt from release, and records 

accounting for the disclosure of 

operational information made outside of 

the DoD. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

10 U.S.C. 3013, Secretary of the Army; 

National Security Act of 1947, as 

amended; E.O. 10450, Security 

Requirements for Government 

Employment, paragraphs 2, 3, 4, 5, 6, 7, 

8, 9, and 14; E.O. 12333, United States 

Intelligence Activities, paragraphs 

1.1(c), 1.1(d), 1.12(d), 2.3, 2.4, and 2.6; 

the National Security Act of 1947, as 

amended; the Intelligence Authorization 

Act of 1995, title V, section 503 and title 

VIII, sections 801–811 and E.O. 9397 

(SSN). 

PURPOSE(S): 

To support contingency planning and 

military operations, to conduct 

counterintelligence and intelligence 

operations, to confirm claims against the 

Army by source or heirs of source, and 

to document source operations 

pertaining to the U.S. Army’s 

responsibilities for intelligence and 

counterintelligence. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

In addition to those disclosures 

generally permitted under 5 U.S.C. 

552a(b) of the Privacy Act, these records 

or information contained therein may 

specifically be disclosed outside the 

DoD as routine uses pursuant to 5 U.S.C. 

552a(b)(3) as follows: 

The ‘Blanket Routine Uses’ published 

at the beginning of the Army’s 

compilation of systems of records 

notices also apply to this system. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Paper records and electronic storage 

media. 

RETRIEVABILITY: 

By individual name or source/project 

name, date and place of birth, Social 

Security Number, and numerically by 

source or project number. 

SAFEGUARDS: 

Buildings employ alarms, security 

guards and/or rooms are security 

controlled accessible only to authorized 

persons. Paper records in the IRR are 

stored in security controlled areas 

accessible only to authorized persons. 

Electronically stored records are 

maintained in specialized software with 

password protected access and data 

backup measures. Records are accessible 

only to authorized persons with a needto-know who are properly screened, 

cleared, and trained. 

RETENTION AND DISPOSAL: 

Records are retained in active file 

until no longer needed; then retired to 

the IRR where they are destroyed 75 

years after date of last action. 

Destruction is by shredding, burning, or 

pulping for paper records and magnetic 

erasing for electronic records. 

SYSTEM MANAGER(S) AND ADDRESS: 

Deputy Chief of Staff for Intelligence, 

Headquarters, Department of the Army, 

1001 Army Pentagon, Washington, DC 

20310–1001. 

NOTIFICATION PROCEDURE: 

Individuals seeking to determine 

whether information about themselves 

is contained in this system should 

address written inquiries to the U.S. 

Army Intelligence and Security 

Command, Freedom of Information/ 

Privacy Office, 4552 Pike Road, Fort 

George G. Meade, MD 20755–5995. 

Individual should provide their full 

name, any alias, Social Security Number 

(SSN), date and place of birth, current 

address, telephone number and 

notarized signature. 

RECORD ACCESS PROCEDURES: 

Individuals seeking to determine 

whether information about themselves 

is contained in this system should 

address written inquiries to the U.S. 

Army Intelligence and Security 

Command, Freedom of Information/ 

Privacy Office, 4552 Pike Road, Fort 

George G. Meade, MD 20755–5995. 

Individual should provide their full 

name, any alias, Social Security Number 

(SSN), date and place of birth, current 

address, telephone number and 

notarized signature. 

CONTESTING RECORD PROCEDURES: 

The Army’s rules for accessing 

records, and for contesting contents and 

appealing initial agency determinations 

are contained in Army Regulation 340–

21; 32 CFR part 505; or may be obtained 

from the system manager. 

RECORD SOURCE CATEGORIES: 

From individual; Federal and 

Department of Defense investigative, 

intelligence and law enforcement 

agencies; and foreign investigative, 

intelligence, and law enforcement 

agencies. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

Parts of this system may be exempt 

under 5 U.S.C. 552a(k)(1), (k)(2), or 

(k)(5), as applicable. 

An exemption rule for this system has 

been promulgated in accordance with 

requirements of 5 U.S.C. 553(b)(1), (2), 

and (3), (c), and (e) and published in 32 

CFR part 505. For additional 

information contact the system manager. 

[FR Doc. E8–18594 Filed 8–11–08; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF EDUCATION 

Notice of Waiver for the Adult 

Education and Family Literacy Act to 

Certain Outlying Areas 

AGENCY: Office of Vocational and Adult 

Education, Department of Education. 


sroberts on PROD1PC70 with NOTICES
46900 Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Notices 

ACTION: Notice of Waiver for the Adult 

Education and Family Literacy Act to 

Certain Outlying Areas. 

SUMMARY: The Secretary waives the 

requirements in 34 CFR 75.250 and 34 

CFR 75.261(c)(2) of the Education 

Department General Administrative 

Regulations (EDGAR) to enable the 

funding of continuation grants for 

certain outlying areas under section 

211(e) of the Adult Education and 

Family Literacy Act (AEFLA). This 

waiver enables the current eligible 

grantees to continue to receive Federal 

funding beyond the five-year limitation 

contained in 34 CFR 75.250. 

DATES: This notice is effective August 

12, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Newcomb, U.S. Department of 

Education, 400 Maryland Avenue, SW., 

Room 11007, Potomac Center Plaza, 

Washington, DC 20202–7240. 

Telephone (202) 245–7754 or e-mail: 

sarah.newcomb@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD), call the 

Federal Relay Service (FRS), toll free, at 

1–800–877–8339. 

Individuals with disabilities can 

obtain a copy of this document in an 

alternative format (e.g., Braille, large 

print, audiotape, or computer diskette) 

by contacting the program contact 

person listed in this section. 

SUPPLEMENTARY INFORMATION: 

Background: The Office of Vocational 

and Adult Education awarded a 

discretionary grant on September 1, 

2003, under the provisions of section 

211(e) of the AEFLA to a group of 

applicants that included American 

Samoa, Guam, Northern Marianas, and 

Palau. Each member of the group could 

have applied for, and competed with, 

the other members of the group for 

section 211(e) funds. However, the 

applicants decided to file a joint 

application naming the Northern 

Marianas College (NMC) as the 

designated grantee on behalf of the 

group so that all parties could benefit 

under a common application. Joint 

applications of this type are authorized 

in 34 CFR 75.127 through 129 of 

EDGAR. AEFLA funds under the grant 

are targeted to the training of adult 

educators from all members of the 

group. No entities other than those in 

the group are eligible to receive funding 

under section 211(e). 

The project period for the current 

award to the group ends on August 31, 

2008. Congress has appropriated 

funding for AEFLA, including section 

211(e), for both fiscal year 2007 and 

fiscal year 2008. The Department 

normally would conduct a new 

competition because the funding for the 

current grant, obtained from the fiscal 

year 2002 through 2006 appropriations, 

was available to the group beginning in 

2003, and under 34 CFR 75.250 the 

project period generally lasts no longer 

than 60 months. 

On July 7, 2008, in accordance with 

section 553(b) of the Administrative 

Procedure Act (APA), the Department 

gave actual notice to all current eligible 

grantees of our proposal to waive 34 

CFR 75.250 and 34 CFR 75.261(c)(2) and 

to fund continuation grants instead of 

holding a new grant competition, and 

invited their comments on our proposal. 

The notice also provided the current 

designated grantee with an opportunity 

to submit specific information regarding 

the grant and any plans to improve its 

current implementation. This waiver 

will enable the Secretary to provide 

additional funds to all current, eligible 

grantees for additional periods for as 

long Congress continues to appropriate 

funds under the current legal authority 

in section 211(e) of AEFLA and possibly 

during a transition to any new program 

authorities Congress might create if and 

when it chooses to reauthorize AEFLA. 

There is no substantive difference 

between the actual notice of our 

proposal and this notice of funding of 

continuation grants and waiver. 

Therefore, all affected parties were 

provided actual notice of the 

Department’s proposal and an 

opportunity to comment in lieu of 

publication of a notice of proposed 

rulemaking in the Federal Register. 

Comment 

In response to the actual notice of 

proposed funding of continuation grants 

and waiver, and our invitation to 

comment, five parties submitted 

comments supporting the proposed 

waiver and the proposal to continue 

funding for all current, eligible grantees. 

During this period, the current 

designated grantee also submitted a 

written agreement, including a program 

narrative, signed by all the outlying 

areas eligible for funding, that describes 

the activities that NMC intends to carry 

out with funds under a continuation 

grant. In light of these positive 

comments and the additional 

information, we have not made any 

substantive changes to our proposal. 

Waiver of Delayed Effective Date 

The APA requires that a substantive 

rule be published at least 30 days before 

its effective date, except as otherwise 

provided for good cause (5 U.S.C. 

553(d)(3)). We provided all affected 

entities an opportunity to submit 

comments on the Secretary’s proposal to 

waive 34 CFR 75.250 in order to 

continue the current grant. All of the 

comments that we received support our 

proposal. In addition, given that the 

current grant ends on August 31, 2008, 

and in order to avoid any lapse in 

funding under this program, the 

Secretary has determined that a delayed 

effective date is unnecessary and 

contrary to the public interest. 

Waiver of 34 CFR 75.250 and 

75.261(c)(2) 

In determining how to implement 

section 211(e) this year, the Department 

considered the relatively small amount 

of funds appropriated under section 

211(e) for fiscal years (FYs) 2007 and 

2008 ($61,257 and $65,131, 

respectively), the burden on group 

members in having to file either new 

competitive applications or a new group 

application, and the commitment of 

time and resources a new competition 

would require of the Department and 

Pacific Resources for Education and 

Learning (PREL) in Honolulu, which 

would be required by section 211(e)(2) 

of AEFLA to make recommendations in 

a new competition. The Department also 

has considered the fact that all the 

entities eligible for funding under 

section 211(e) are members of the group 

and receive services through the current 

grant. 

In light of these factors, the 

Department waives the 60-month limit 

on the project period established by 34 

CFR 75.250 for the existing grant award. 

The Department plans to continue 

funding the current grant, rather than 

conducting a new competition, if the 

designated grantee submits further 

satisfactory information regarding its 

performance under the current grant 

and its plans to improve 

implementation of the grant. The 

Department also waives 34 CFR 

75.261(c)(2), which limits the extension 

of a project period. The Department is 

waiving this additional regulation in 

order to be able to continue the current 

grant with FY 2007 and 2008 funds. 

The Department’s waiver of the 

regulations and continued funding of 

the current grant would extend as long 

as Congress continues to appropriate 

funds under the current legal authority 

in section 211(e), and possibly during a 

transition to any new program 

authorities Congress might create with 

respect to members of the group if and 

when it reauthorizes AEFLA. However, 

the continuation would initially only be 

from FY 2007 funds. The waiver would 

not affect any other legal provisions 

governing the grant to group members, 

including the requirement that 


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Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Notices 46901 

continuation of the grant would depend 

on the group’s meeting the requirements 

of 34 CFR 75.253. Among other things, 

§ 75.253 conditions continuation of a 

grant on the grantee’s having made 

substantial progress toward meeting the 

objectives in its approved application. 

The grantee also would have to comply 

with any special conditions of the grant 

established by the Department in order 

to receive further continuation funding 

from the FY 2008 or any future 

appropriation. 

The waivers of 34 CFR 75.250 and 

75.261(c)(2) do not exempt the group 

from the account closing provisions of 

31 U.S.C. 1552(a), nor would they 

extend the availability of funds 

previously awarded the group. Under 31 

U.S.C. 1552(a), appropriations available 

for a limited period may be used for 

payment of valid obligations for only 

five years after the expiration of their 

period of availability for Federal 

obligation. After that time, the 

unexpended balance of those funds will 

be canceled and returned to the U.S. 

Treasury Department and will be 

unavailable for restoration for any 

purpose. 

The Department believes that its 

waiver of regulations and continued 

funding of the group application is in 

the best interests of the members of the 

group application and the public 

interest. 

Instructions for Requesting a 

Continuation Award Under EDGAR 

Part 75 

Under applicable EDGAR provisions, 

a grantee wishing to receive an annual 

continuation grant must submit a 

performance report providing the most 

current performance and financial 

expenditure information on its project. 

A grantee must also submit a budget and 

budget narrative each year it requests a 

continuation award. (34 CFR 

75.253(c)(2)). In addition, a grantee must 

submit a program narrative that 

describes the activities it intends to 

carry out with a continuation award. 

The activities described must be 

consistent with, or be a logical 

extension of, the scope, goals, and 

objectives of the grantee’s approved 

application. (34 CFR 75.261(c)(3)). The 

Department will award a continuation 

grant each year only if the grantee 

submits a satisfactory performance 

report, budget and budget narrative, and 

program narrative. 

Regulatory Flexibility Act Certification 

The Secretary certifies that this notice 

of waiver will not have a significant 

economic impact on a substantial 

number of small entities. The only 

entities that would be affected are 

American Samoa Community College; 

Guam Community College; Northern 

Marianas College, the grantee of the 

group; Ministry of Education Republic 

of Palau; and PREL. 

Paperwork Reduction Act of 1995 

This notice of waiver does not contain 

any information collection 

requirements. 

Intergovernmental Review 

This program is subject to Executive 

Order 12372 and the regulations in 34 

CFR part 79. One of the objectives of the 

Executive Order is to foster an 

intergovernmental partnership and a 

strengthened federalism. The Executive 

Order relies on processes developed by 

State and local governments for 

coordination and review of proposed 

Federal financial assistance. 

This document provides early 

notification of our specific plans and 

actions for this program. 

Assessment of Educational Impact 

Based on our own review, we have 

determined that this notice of waiver 

does not require transmission of 

information that any other agency or 

authority of the United States gathers or 

makes available. 

Electronic Access to This Document 

You can view this document, as well 

as all other documents of this 

Department published in the Federal 

Register, in text or Adobe Portable 

Document Format (PDF) on the Internet 

at the following site: http://www.ed.gov/ 

news/fedregister. 

To use PDF you must have Adobe 

Acrobat Reader, which is available free 

at this site. If you have questions about 

using PDF, call the U.S. Government 

Printing Office (GPO), toll free, at 1–

888–293–6498; or in the Washington, 

DC, area at (202) 512–1530. 

Note: 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.gpoaccess.gov/nara/ 

index.html. 

(Catalog of Federal Domestic Assistance 

Number: 84.002A Outlying Area portion of 

the State Grant Program) 

Program Authority: 20 U.S.C. 9211(e). 

Dated: August 7, 2008. 

Troy R. Justesen, 

Assistant Secretary for Vocational and Adult 

Education. 

[FR Doc. E8–18622 Filed 8–11–08; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

Southwestern Power Administration 

Notice of Re-Opening of Public 

Comment Period for White River 

Minimum Flows—Proposed 

Determination of Federal and NonFederal Hydropower Impacts 

AGENCY: Southwestern Power 

Administration, DOE. 

ACTION: Notice of re-opening of public 

comment period. 

SUMMARY: Southwestern Power 

Administration (Southwestern) is reopening the public comment period on 

its proposed determination of the 

Federal and non-Federal hydropower 

impacts of the White River Minimum 

Flows project for an additional 45 days. 

The original notice, issued July 3, 2008, 

provided a 30-day comment period 

ending on August 4, 2008 (73 FR 

38198). Southwestern is re-opening the 

comment period until September 18, 

2008. 

DATES: The public comment period 

closes on September 18, 2008. Written 

comments on Southwestern’s proposed 

determination must be received by that 

date. 

ADDRESSES: Comments should be 

submitted to George Robbins, Director, 

Division of Resources and Rates, 

Southwestern Power Administration, 

U.S. Department of Energy, One West 

Third Street, Tulsa, Oklahoma 74103. 

FOR FURTHER INFORMATION CONTACT: Mr. 

George Robbins, Director, Division of 

Resources and Rates, (918) 595–6680, 

george.robbins@swpa.gov. 

SUPPLEMENTARY INFORMATION: 

Southwestern’s draft determination was 

published by Federal Register Notice 

(73 FR 6717) dated February 5, 2008. 

Written comments were invited through 

March 6, 2008. All public comments 

received were considered, and 

Southwestern’s draft determination was 

revised as necessary to incorporate the 

public comments. Since there were 

significant changes to Southwestern’s 

draft determination, Southwestern 

published a proposed determination for 

public review and comment prior to its 

final determination. 

Southwestern’s proposed 

determination was published by Federal 

Register Notice (73 FR 38198) dated July 

3, 2008. Written comments were invited 

through August 4, 2008. Due to requests 

for additional time to provide public 

comments, Southwestern is re-opening 

the public comment period for 45 days. 

Written comments will now be accepted 

through September 18, 2008. Comments 


sroberts on PROD1PC70 with NOTICES