Federal Register / Vql. 56, No. 139 / Friday, July 19, 1991 / Notices 33291

the other capacity is not reasonably 

available for short-term waste 

management. EPA has relied on similar 

criteria in providing nationwide 

variances under RCRA section 

3004(h)(2). See 55 FR 22520.

II. Petition

A. Facility Summary

E.I. Du Pont de Nemours & Co., Inc.,

Orange, Texas has petitioned EPA to

grant an additional extension of the

effective date of the hazardous waste

injection restrictions applicable to the

following wastes: California listed

waste, solvents less than one (1) percent

solvent constituents and First Third

wastes.

EPA is proposing to grant DupontOrange an additional extension of the 

August 8,1990 effective date for the 

above referenced waste. Dupont’s initial 

case-by-case extension will expire on 

August 7,1991. Dupont’-Orange’s 

request and supporting documentation 

are available in the public docket for 

this rulemaking. Interested persons are 

invited to submit comments or written 

data on this petition. All comments will 

be considered by EPA and addressed in 

a Federal Register notice stating the 

Agency’s final decision to grant or deny 

the petition.

B. Description o f Petitioning Facility

E.I. du Pont de Nemours & Co., Inc., is

a chemical manufacturing company

which operates five hazardous waste

injection wells in Orange, Texas.

C. Case-by-Case Extension Petition

Demonstrations

The Dupont-Orange application for an

extension of the effective date includes

the following demonstrations:

40 CFR 268.5(a)(1)—Dupont has made a good

faith effort on a nationwide basis to locate

and contract for adequate alternative

treatment, recovery, or disposal capacity,

or to establish such capacity by the

effective data of the applicable restrictions.

40 CFR 268.5(a)(2)—Dupont has entered into

a binding contractual commitment to

provide alternative treatment, recovery, or

disposal capacity.

40 CRR 268.5(a)(3)—Dupont has shown that

lack of alternative capacity is beyond its

control.

40 CFR 268.5(a)(4)—Dupont has shown that

there will be adequate alternative

treatment, recovery, or disposal capacity

for all the waste after the effective date

established by the extension.

40 CFR 268.5(a)(5)—Dupont has provided a

detailed schedule for obtaining alternative

capacity, including dates.

40 CFR 268.5(a)(6)—Dupont has arranged for

adequate capacity to manage the waste

during the extension period.

40 CFR 268.5(a)(7)—The surface

impoundments or landfills used by Dupont

to manage the waste during the extension

period will meet the requirements of 40

CFR 268.5(h)(2).

III. EPA’s Proposed Action

For the reasons discussed above, the 

Agency believes that the Dupont 

demonstration has satisfied all the 

requirements for an additional case-becase extension of the August 8,1990, 

effect date of the hazardous waste 

injection restrictions.

Therefore, EPA is proposing to grant 

an additional extension of the August 8, 

1990, effective date of the restrictions on 

these wastes for an additional three 

months. If the extension is granted, 

these wastes, which would not be 

prohibited from land disposal, could be 

injected over a three month period, 

starting from the effective date of the 

EPA’s final decision on this case-bycase request but not later than 

November 7,1991. If during the time 

frame of this case-by-case extension, a 

final decision of the applicant’s no 

migration petition is made, then the 

case-by-case extension will expire.

The extension will remain in effect 

during the above time frame unless 

Dupont fails to make a good faith effort 

to meet the schedule for completion, or 

the Agency denies or revokes any 

required permit.

Dated: July 11,1991.

Myron O. Knudson,

Director, Waste Management Division (6W),

EPA Region 6.

[FR Doc. 91-17123 Filed 7-18-91; 8:45 am]

BILL!NO CODE 6560-50-M

FEDERAL LABOR RELATIONS 

AUTHORITY

Privacy Act of 1974; Establishment of 

a New System of Records

ag en cy : Federal Labor Relations 

Authority (FLRA).

ACTION: Notice of establishment of a 

new system of records under the Privacy 

Act.

summar y : The FLRA is establishing a 

new system of records under the Privacy 

Act to consist of the investigatory files 

of the FLRA’s Office of the Inspector 

General (OIG). The new system of 

records facilitates the OIG’s ability to 

collect, maintain, use, and disclose 

information pertaining to individuals, 

thus helping to ensure that the OIG may 

efficiently and effectively perform its 

investigations and other authorized 

duties and activities. The FLRA 

published advance notice of the system 

of records on October 2,1990 (55 FR 

40237), and requested comments. No

public comments were received. 

However, on further consideration, the 

proposed system notice has been 

modified as discussed below.

EFFECTIVE DATES: July 19,1991.

FOR FURTHER INFORMATION CONTACT: 

Paul D. Miller, Inspector General, FLRA, 

500 C Street SW., Washington, DC 

20424, (202) 382-6002.

SUPPLEMENTARY INFORMATION: As 

required by 5 U.S.C. 552a(e)(4), the 

FLRA is notifying the public of the 

establishment of a new system of 

records in the FLRA’s Office of the 

Inspector General (OIG). This system is 

being established as part of the formal 

creation of an OIG within the FLRA by 

action dated March 24,1989, and the 

appointment of the FLRA’s Inspector 

General on September 25,1989, under 

the authority of the 1988 amendments to 

the Inspector General Act of 1978. See

Pub. L. No. 100-504, amending Pub. L 

No. 95-452; 5 U.S.C. app. at 1184 (1988). 

Among the OIG’s statutory duties are 

the prevention and detection of fraud, 

waste, and abuse relating to the 

agency’s programs and operations, 

through the conduct of audits and 

investigations and the preparation of 

reports to the agency’s Chairman and to 

Congress.

The system of records being 

established consists of investigatory 

files compiled and maintained by the 

OIG. Due to the law enforcement nature 

of these records, the system is exempt 

from certain provisions of the Privacy 

Act, including disclosure to individuals 

who are subjects of records in the 

system.- See 5 U.S.C. 552a(j}(2) and 

(k)(2). The exempt status of the system 

is the subject of a companion final rule, 

published elsewhere in today’s Federal 

Register, to amend the FLRA’s Privacy 

Act regulations, 5 CFR part 2412.

The FLRA published advance notice 

of the system on October 2,1990 (55 FR 

40237). Although no comments from the 

public were received, certain 

modifications have been made to the 

system notice, principally to eliminate 

routine uses deemed unnecessary or 

inappropriate.

Proposed routine use 3 has been 

narrowed by deleting provision for 

release of information in connection 

with certain personnel matters 

(including hiring and retention), security 

clearances, and access to classified 

information. Disclosure of this 

information pursuant to routine use 

procedures does not appear necessary 

to the effective functioning of the OIG. 

Proposed routine uses 4 and 6 have been 

modified to eliminate designation of the 

FLRA itself as one of the routine use
33292 Federal Register / Vol. 56, No. 139 / Friday, July 19, 1991 / N otices

recipients. Exception (b)(1) of the 

Privacy Act (5 U.S.C. 552a(b)(l)), permits 

intra-agency disclosure for official 

purposes. Proposed routine use 7, 

providing for disclosure of information 

to the National Archives and Records 

Administration, has been eliminated as 

unnecessary. Exception (b)(6) of the 

Privacy Act (5 U.S.C. 552a(b)(8}) 

provides for such disclosures. Finally, 

proposed routine use 11, providing for 

disclosure to a grand jury based upon a 

grand jury subpoena or a prosecution 

request, has been eliminated because of 

concerns about its validity. Doe v. 

Stephens, 851 F.2d 1457 (D.C. Cir. 1988). 

In addition, exception (b)(ll) of the 

Privacy Act (5 U.S.C. 552a(b)(ll}} 

permits disclosure pursuant to the order 

of a court of competent jurisdiction.

Accordingly, the FLRA is establishing

the following system of records:

FLRA/OIG-1

SYSTEM NAME:

FLRA/OIG-1—Office of the Inspector

General.

Investigative Files.

SECURITY c l a ssif ic a t io n :

Not applicable.

syst em l o c a t io n :

Office of the Inspector General 

Federal Labor Relations Authority 500 C 

Street, SW. Washington, DC 20424

CATERGORIES O F INDIVIDUALS COVERED BY 

THE syst em :

Subjects of OIG investigations

relating to the programs and operations

of the Federal Labor Relations

Authority. Subject individuals include,

but are not limited to, current and

former employees; contractors,

subcontractors, their agents or

employees; and others whose actions

affect the FLRA, its programs and

operations.

CATEGORIES OF RECORDS IN THE SYSTEM :

Correspondence relating to the

investigation; internal staff memoranda;

copies of subpoenas issued during the

investigation, affidavits, statements

from witnesses, transcripts of testimony

taken in the investigation and

accompanying exhibits; documents,

records, or copies obtained during the

investigation; interview notes,

investigative notes, staff working

papers, draft materials, and other

documents and records relating to the

investigation; opening reports, progress

reports, and closing reports; and other

investigatory information or data

relating to alleged or suspected criminal,

civil, or administrative violations or

similar wrongdoing by subject 

individuals.

AUTHORITY FOR MAINTENANCE OF THE

syst em :

The Inspector General Act of 1978, 

Pub. L. No. 95-452, as amended by the 

Inspector General Act Amendments of 

1988, Pub. L. No. 100-504, 5 U.S.C. app. 

at 1184 (1988).

ROUTINE U SE S OF RECORDS MAINTAINED IN 

THE SYSTEM , INCLUDING CATEGORIES OF 

U SERS AND THE PU RPO SES OF SUCH U SE S:

In addition to the disclosure generally 

permitted under 5 U.S.C. 552a(b), these 

records or information in these records 

may specifically be disclosed pursuant 

to 5 U.S.C. 552a(b)(3) as follows, 

provided that no routine use specified 

herein shall be construed to limit or 

waive any other routine use specified 

herein:

(1) To other agencies, offices, 

establishment, and authorities, whether 

Federal, state local, foreign, or selfregulatory (including, but not limited to, 

organizations such as professional 

associations or licensing boards), 

authorized or with the responsibility to 

investigate, litigate, prosecute, enforce, 

or implement a statute, rule, regulation, 

or order, where the record or 

information, by itself or in connection 

with other records or information,

(a) Indicates a violation or potential 

violation of law, whether criminal, civil, 

administrative, or regulatory in nature, 

and whether arising by general statute 

or particular program statute, or by 

regulation, rule or order issued pursuant 

thereto, or;

(b) Indicates a violation or potential 

violation of a professional, licensing, or 

similar regulation, rule or order, or 

otherwise reflects on the qualifications 

or fitness of an individual licensed or 

seeking to be licensed;

(2) To any source, private or 

governmental, to the extent necessary to 

secure from such source information 

relevant to and sought in furtherance of 

a legitimate investigation or audit of the 

OIG:

(3) To agencies, offices, or 

establishments of the executive, 

legislative, or judicial branches of 

Federal, state, or local government 

where disclosure is requested in 

connection with the award of a contract 

or other determination relating to a 

government procurement, or the 

issuance of a license, grant, or other 

benefit by the requesting agency, to the 

extent that the record is relevent and 

necessary to the requesting agency's 

decisions on the matter, including, but 

not limited to, disclosure to any Federal 

agency responsible for considering

suspension or debarment actions where 

such record would be germane to a 

determination of the propriety or 

necessity of such action, or disclosure to 

the United States General Accounting 

Office, the General Services 

Administration Board of Contract 

Appeals, or any other Federal contract 

board of appeals in cases relating to an 

agency procurement;

(4) To the Office of Personnel 

Management, the Office of Government 

Ethics, the Merit Systems Protection 

Board, the Office of the Special Counsel, 

or the Equal Employment Opportunity 

Commission, of records or portions 

thereof relevant and necessary to 

carrying out their authorized functions, 

such as, but not limited to, rendering 

advice requested by the OIG, 

investigations of alleged or prohibited 

personnel practices (including 

discriminatory practices), appeals 

before official agencies, offices, panels, 

boards, or courts, and authorized studies 

or reviews of civil service or merit 

systems or affirmative action programs;

(5) To independent auditors or other 

private firms with which the Office of 

Inspector General has contracted to 

carry out an independent audit or 

investigation or to analyze, collate, 

aggregate or other refined data collected 

in the system of records, subject to the 

requirement that such contractors shall 

maintain Privacy Act safeguards with 

respect to such records;

(6) To the Department of Justice and 

for disclosure by the Department of 

Justice or the FLRA,

(a) To the extent relevant and 

necessary in connection with litigation 

in proceedings before a court or other 

adjudicative body, where the 

government is a party to or has an 

interest in the litigation, and the 

litigation is likely to affect the agency or 

any component thereof, including where 

the agency, or an agency component, or 

an agency official or employee in his or 

her official capacity, or an individual 

agency official or employee whom the 

Department of Justice has agreed to 

represent, is a defendant, or

(b) For purposes of obtaining advice 

concerning the accessibility of a record 

or information under the Privacy Act or 

the Freedom of Information Act;

(7) To a congressional office from the 

record of a subject individual in 

response to an inquiry from the 

congressional office made at the request 

of that individual, but only to the extent 

that the record would be legally 

accessible to that individual;

(8) To any direct recipient of Federal 

funds, such as a contractor, where such 

record reflects serious inadequacies
Federal Register / Vol. 56, No. 139 / Friday, July 19, 1991 / Notices 33293

with a recipient’s personnel and 

disclosure of the record i9 for purposes 

of permitting a recipient to take 

corrective action beneficial to the 

government;

(9) To debt collection contractors for 

the purpose of collecting debts owed to 

the government as authorized by the 

Debt Collection Act of 1982, 31 U.S.C. 

3718.

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND 

DISPOSING OF RECORDS IN THE SYSTEM

Storage: The OIG Investigative Files 

consist of paper records maintained in 

file folders and data maintained on 

computer diskettes. The folders and 

diskettes are stored in file cabinets in 

the OIG.

Retrievability: The records are 

retrieved by the name of the subject of 

the investigation or by a unique control 

number assigned to each investigation.

Safeguards: Records are maintained 

in lockable metal file cabinets in 

lockable rooms. Access is restricted to 

individuals whose duties require access 

to the records. File cabinets and rooms 

are locked during non-duty hours.

Retention and disposal: Hie OIG 

Investigative Files are kept indefinitely.

SYSTEM MANAGER AND ADDRESS:

Inspector General, Federal Labor 

Relations Authority, 500 C Street, SW., 

Washington, DC 20424.

NOTIFICATION PROCEDURE:

By mailing or delivering a written 

request bearing the individual’s name, 

return address, and signature, addressed 

as follows: Privacy Act Request, Office 

of the Solicitor, Federal Labor Relations 

Authority, 500 C Street, SW., 

Washington, DC 20424.

RECORD ACCESS PROCEDURE:

Same as above.

CONTESTING RECORD PROCEDURE:

Same as above.

RECORD SOURCE CATEGORIES:

Employees or other individuals on 

whom the record is maintained, nontarget witnesses, FLRA and non-FLRA 

records, to the extent necessary to carry 

out OIG investigations authorized by the 

Inspector General Act of 1978, as 

amended. 5 U.S.C. app. at 1184 (1988).

SYSTEM(S) EXEMPTED FROM CERTAIN 

PROVISIONS OF THE PRIVACY ACT:

Pursuant to 5 U.S.C. 552a(j)(2), records 

in this system are exempt from the 

provisions of 5 U.S.C. 552a, except 

subsections (b), (c) (1) and (2), (e)(4) (A) 

through (F), (e) (6), (7), (9), (10), and (11), 

and (i), to the extent the system of

records relates in any way to the 

enforcement of criminal laws.

Pursuant to 5 U.S.C. 552a(k)(2), the 

system is exempt from 5 U.S.C. 

552a(c)(3), (d), (e)(1), (e)(4) (G), (H), and 

(I) and (f), to the extent the system of 

records consists of investigatory 

material compiled for law enforcement 

purposes, other than material within the 

scope of the exemption at 5 U.S.C. 

552a(j)(2).

These exemptions are set forth in the 

Authority’s Privacy Act regulations, 5 

CFR part 2412, as amended; see 5 CFR 

2412.16.

Dated: July 15,1991.

Solly ). Thomas, Jr.,

Executive Director.

[FR Doc. 91-17269 Filed 7-18-91; 8:45 am]

B ILU N G CO D E 6727-01-11

FEDERAL MARITIME COMMISSION

Brazii/U.S. Gulf Ports, et al.; 

Agreements) Filed

The Federal Maritime Commission 

hereby gives notice of the filing of the 

following agreement(s) pursuant to 

section 5 of the Shipping Act of 1984.

Interested parties may inspect and 

obtain a copy of each agreement at the 

Washington, DC Office of the Federal 

Maritime Commission, 1100 L Street, 

NW., room 10325. Interested parties may 

submit comments on each agreement to 

the Secretary, Federal Maritime 

Commission, Washington, DC 20573, 

within 10 days after the date of the 

Federal Register in which this notice 

appears. The requirements for 

comments are found in § 572.603 of title 

46 of the Code of Federal Regulations. 

Interested persons should consult this 

section before communicating with the 

Commission regarding a pending 

agreement.

Agreement No.: 212-010320-023.

Title: Brazil/U.S. Gulf Ports 

Agreement.

Parties: Companhia de Navegacao 

Lloyd Brasileiro, Companhia Marítima 

Nacional, American Transport Lines, 

Inc., Empresa lineas Marítimas 

Argentinas S.A., A. Bottacchi S.A. de 

Navegación C.F.I.I.

Synopsis: The proposed amendment 

would delete provisions of the 

agreement which conflicted with the 

Commission’s rules concerning notice 

and waiting period prior to the 

effectiveness of modifications to the 

agreement

Agreement No.: 217-011323-001.

Title: Space Charter Agreement 

Between Sea-Land Service, Inc. and 

Ocean Express Lines, Inc.

Parties: Sea-Land Service, Inc., Ocean 

Express Lines, Inc.

Synopsis: The proposed amendment 

would expand the geographic scope of 

the agreement to include Jamaica, Haiti 

and the Dominican Republic.

By order of the Federal Maritime

Commission.

Dated: July 15,1991.

Joseph C. Polking,

Secretary.

[FR Doc. 91-17193 Filed 7-18-91; 8:45 am]

BILLING CO D E 6730-01-M

[Docket No. 91-30]

Sea-Land Dominicana, S.A. and SeaLand of Puerto Rico, Inc. v. Sea-Land 

Service, Inc.; Filing of Complaint and 

Assignment

Notice is given that a complaint filed 

by Sea-Land Dominicana, S.A. (“SLD”) 

and Sea-Land of Puerto Rico, Inc. 

(“Complainants”) against Sea-Land 

Service, Inc. (“Respondent") was served 

July 15,1991. complainants allege that 

Respondent has violated sections 10 

(b)(6), (b)(ll), (b){12) and (d)(1) of the 

Shipping Act of 1984, 46 U.S.C. app. 1709 

(b)(6), (b)(ll), (b)(12), and (d)(1), and 

sections 16 First and 18 of the Shipping 

Act, 1916, 46 U.S.C. app. 815 and 817, by 

paying commissions earned by SLD in 

Dominican Republic pesos vice U.S. 

dollars, even though charges for the 

freight services sold by SLD were paid 

in U.S. dollars, thereby contravening the 

applicable tariff while not paying any 

other such company in pesos, thus 

giving undue and unreasonable 

preference to SLD’s competitors and 

Respondent's own sales force and 

eliminating competition in Respondent’s 

attempts to purchase SLD.

This proceeding has been assigned to 

Administrative Law Judge Norman D. 

Kline (“Presiding Officer"). Hearing in 

this matter, if any is held, shall 

commence within the time limitations 

prescribed in 46 CFR 502.61. The hearing 

shall include oral testimony and crossexamination in the discretion of the 

Presiding Officer only upon proper 

showing that there are genuine issues of 

material fact that cannot be resolved on 

the basis of sworn statements, 

affidavits, depositions, or other 

documents or that the nature of the 

matter in issue is such that an oral 

hearing and cross-examination are 

necessary for the development of an 

adequate record. Pursuant to the further 

terms of 46 CFR 502.61, the initial 

decision of the Presiding Officer in this 

proceeding shall be issued by July 15, 

1992, and the final decision of the