Agency Information Collection Extension, 55818-55819 [05-19038]
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55818
Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Notices
the term ‘‘ED PUBS’’ in the subject line
of the electronic message.
During and after the comment period,
you may inspect all comments about
this notice in room 2E103, 400
Maryland Avenue, SW., Washington,
DC, between the hours of 8 a.m. and
4:30 p.m., Eastern time, Monday
through Friday of each week except
Federal holidays.
Security and Governmental Affairs, and
the Chair of the House Committee on
Government Reform, whenever the
agency publishes a new system of
records or makes a significant change to
an established system of records. Minor
changes to an established system of
records, such as the amendments to the
ED PUBS system of records, do not
require an agency to prepare a report.
Assistance to Individuals With
Disabilities in Reviewing the
Rulemaking Record
On request, we will supply an
appropriate aid, such as a reader or
print magnifier, to an individual with a
disability who needs assistance to
review the comments or other
documents in the public rulemaking
record for this notice. If you want to
schedule an appointment for this type of
aid, please contact the person listed
under FOR FURTHER INFORMATION
CONTACT.
FOR FURTHER INFORMATION CONTACT: Judy
Craig. Telephone: (202) 401–0480. If you
use a telecommunications device for the
deaf (TDD), you may call the Federal
Relay Service (FRS) at 1–800–877–8339.
Individuals with disabilities may
obtain this document in an alternative
format (e.g., Braille, large print,
audiotape, or computer diskette) on
request to the contact person listed
under FOR FURTHER INFORMATION
CONTACT.
SUPPLEMENTARY INFORMATION:
Electronic Access to This Document
You may view this document, as well
as all other Department documents
published in the Federal Register, in
text or Adobe Portable Document
Format (PDF) on the Internet at the
following site: https://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.
Introduction
The Privacy Act (5 U.S.C. 552a)
requires the Department to publish in
the Federal Register this notice of an
altered system of records maintained by
the Department. The Department’s
regulations implementing the Privacy
Act are contained in the Code of Federal
Regulations (CFR) in 34 CFR part 5b.
The Privacy Act applies to
information about an individual that
contains individually identifiable
information that is retrieved by a unique
identifier associated with the
individual, such as a name or social
security number. The information about
the individual is called a ‘‘record,’’ and
the system, whether manual or
computer-based, is called a ‘‘system of
records.’’
The Privacy Act requires each agency
to publish a notice of new or altered
systems of records in the Federal
Register. Each agency also must submit
reports to the Administrator of the
Office of Information and Regulatory
Affairs, Office of Management and
Budget (OMB) and the Chair of the
Senate Committee on Homeland
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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: https://www.gpoaccess.gov/nara/
index.html.
Dated: September 20, 2005.
Michell Clark,
Acting Assistant Secretary for Management
and Chief Information Officer.
For the reasons discussed in the
preamble, the Acting Assistant Secretary
for Management of the Department
publishes a notice of an altered system
of records. The following amendments
are made to the Notice of New and
Altered Systems of Records and
Corrections published in the Federal
Register on December 27, 1999 (64 FR
72384–72408):
1. On page 72404, first column, the
numbering, ‘‘18–13–05,’’ is revised to
read as follows: 18–05–18.
2. On page 72404, first column, under
the heading ‘‘SYSTEM LOCATION,’’ the
paragraph is revised to read as follows:
Aspen Systems Corporation, 2277
Research Boulevard, Rockville, MD
20850.
3. On page 72405, first column, under
the heading, ‘‘(6) Labor Organization
Disclosure.’’ the paragraph is revised to
read as follows:
The Department may disclose records
from this system of records to an
arbitrator to resolve disputes under a
negotiated grievance procedure or to
officials of labor organizations
recognized under 5 U.S.C. chapter 71
when relevant and necessary to their
duties of exclusive representation.
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4. On page 72405, second column,
‘‘STORAGE:,’’ ‘‘RETRIEVABILITY:,’’
and ‘‘SAFEGUARDS:’’ are revised to
read as follows:
Storage
The records are retained in a
computer database.
Retrievability
The records are retrieved by customer
type (this is a categorical description of
the customer such as school
administrator, parent, teacher K–12,
etc.), order date, the title of the
requested product, and the region of the
country from which the order was
placed.
Safeguards
Records in the system will be
maintained in a secure passwordprotected electronic system that will
utilize security hardware and software
to include: firewalls to block external
access to the system, the required use of
a unique user ID with personal
identifiers, and the recording of all
interactions with the system. A
maximum of one trusted individual
with a Department of Justice Civil
clearance has system logon access. This
clearance is based on a National Agency
Checks with Written Inquiries and
Credit (NACIC) review, equivalent to the
Department’s moderate risk 5C
clearance process. All physical access to
the site of the Department’s contractor,
where this system of records is
maintained, is controlled and monitored
by security personnel who check each
individual entering the building for his
or her employee or visitor badge. The
ED PUBS system has been granted
Certification and Full Accreditation in
accordance with the Department’s
Certification and Accreditation Program,
and applicable Federal laws and
policies.
5. On page 72405, second column,
under the heading, ‘‘SYSTEM
MANAGER(S) AND ADDRESS:,’’ the
paragraph is revised to read as follows:
ED PUBS Contract Officer’s
Representative & Program Manager/
Analyst, Office of Management, U.S.
Department of Education, 400 Maryland
Avenue, SW., room 2E103, Washington,
DC 20202.
[FR Doc. 05–19071 Filed 9–22–05; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF ENERGY
Agency Information Collection
Extension
AGENCY:
E:\FR\FM\23SEN1.SGM
Department of Energy.
23SEN1
Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Notices
Submission for Office of
Management and Budget (OMB) review;
comment request.
ACTION:
SUMMARY: The Department of Energy
(DOE) has submitted an information
collection package to the OMB for
extension under the provisions of the
Paperwork Reduction Act of 1995. The
package requests a three-year extension
of its Security, OMB Control Number
1910–1800. This information collection
package covers information necessary
for DOE management to exercise
management oversight and control over
their contractors. The collections consist
of information (1) for the nuclear
materials control and accountability for
DOE-owned and—leased facilities and
DOE-owned nuclear materials at other
facilities that are exempt from licensing
by the NRC; (2) for the protection of
classified information, special nuclear
materials and other national security
assets (DOE site self-assessments and
site security plans); and (3) on DOE
Federal and contractors traveling to
foreign countries; for tracking and
recording background information on
foreign nationals having access to DOE
facilities and information; and
collection of Foreign Ownership,
Control or Influence data from bidders
on DOE contracts requiring personnel
security clearances.
DATES: Comments regarding this
collection must be received on or before
October 24, 2005. If you anticipate that
you will be submitting comments, but
find it difficult to do so within the
period of time allowed by this notice,
please advise the OMB Desk Officer of
your intention to make a submission as
soon as possible. The Desk Officer may
be telephoned at 202–395–4650.
ADDRESSES: Written comments should
be sent to: DOE Desk Officer, Office of
Information and Regulatory Affairs,
Office of Management and Budget, New
Executive Office Building, Room 10102,
735 17th Street, NW., Washington, DC
20503.
Comments should also be addressed
to: Sharon A. Evelin, Director, IM–11/
Germantown Bldg., U.S. Department of
Energy, 1000 Independence Ave SW.,
Washington, DC 20585–1290, and to:
Kathy Murphy, SP–1.22 Germantown
Building, U.S. Department of Energy,
19901 Germantown Road, Germantown,
Maryland 20874–1290.
FOR FURTHER INFORMATION CONTACT:
Sharon A. Evelin and Kathy Murphy, at
the addresses listed above in
ADDRESSES.
SUPPLEMENTARY INFORMATION: This
package contains: (1) OMB No.: 1910–
1800; (2) Package Title: Security (3)
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Purpose: for DOE management to
exercise management oversight and
control over their contractors; (4)
Estimated Number of Respondents:
39,136; (5) Estimated Total Burden
Hours: 249,955; (6) Number of
Collections: The package contains
fourteen (14) information and/or
recordkeeping requirements.
Statutory Authority: Department of Energy
Organization Act, Public Law 95–91, of
August 4, 1977.
Sharon A. Evelin,
Director, Records Management Division,
Office of the Chief Information Officer.
[FR Doc. 05–19038 Filed 9–22–05; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. PL05–10–000]
Criteria for Reassertion of Jurisdiction
Over the Gathering Services of Natural
Gas Company Affiliates; Notice of
Inquiry
September 15, 2005.
1. This order institutes a notice of
inquiry to evaluate possible changes in
the criteria set forth in Arkla Gathering
Service Co.1 employed by the
Commission in evaluating whether and
under what circumstances the
Commission may invoke its ‘‘in
connection with’’ jurisdiction to guard
against abusive practices by natural gas
companies and their gathering affiliates.
2. The Arkla test involves a
determination that, as a result of the
concerted action of a pipeline and its
gathering affiliate, the Commission’s
effective regulation of the pipeline is
circumvented. In a recent decision,2 the
United States Court of Appeals for the
District of Columbia found that the
Commission had misapplied the criteria
set forth in Arkla. Under Arkla, the
Commission’s ability to reassert
jurisdiction is limited to abuses directly
related to the affiliate’s unique
relationship with an interstate pipeline,
such as tying gathering service to the
pipeline’s jurisdictional transmission
service or cross-subsidization between
the affiliate’s gathering rates and the
pipeline’s transmission rates. The court
stated that Arkla permits a reassertion of
1 Arkla Gathering Service Co., 67 FERC ¶61,257
at 61,871 (1994), order on reh’g, 69 FERC ¶61,280
(1994), reh’g denied, 70 FERC ¶ 61,079 (1995),
reconsideration denied, 71 FERC ¶61,297 (1995)
(collectively, Arkla), aff’d Conoco Inc. v. FERC, 90
F.3d 536 (D.C. Cir. 1996) (Conoco).
2 Williams Gas Processing Co., L.P. v. FERC, 373
F.3d 1335 (2004) (Williams Gas Processing).
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55819
jurisdiction in circumstances ‘‘limited
to’’ abuses ‘‘directly related to the
affiliate’s unique relationship with an
interstate pipeline,’’ such as ‘‘tying
gathering service to the pipeline’s
jurisdictional transmission service,’’ or
‘‘cross-subsidization between the
affiliate’s gathering rates and the
pipeline’s transmission rates.’’ 3 The
court found that, in the case before it,
the gathering affiliate’s affiliation with
the pipeline was ‘‘utterly irrelevant to
its ability to charge high rates, or to
impose onerous conditions for gathering
service.’’ 4 Instead, the affiliate ‘‘could
do these things for one reason only ‘‘
because it was a recently deregulated
monopolist in the North Padre gathering
market.’’ 5 Accordingly, the court held
that the Commission had not met its
own test under Arkla for reassertion of
jurisdiction and vacated and remanded
the Commission’s orders.
3. The Commission is interested in
reevaluating both its legal authority to
reassert jurisdiction and the policy
considerations in deciding whether to
do so. To assist this reevaluation of the
Arkla test, the Commission is seeking
comment on the following questions:
1. Is there an inherent anticompetitive issue when pipelines spindown gathering facilities to affiliates or
are concerns about the behavior of
affiliated gatherers unique to certain
specific pipeline/affiliate relationships,
such as those articulated by Shell in its
request for rehearing in the Shell v.
Transco proceeding in Docket No.
RP02–99–010?
2. Once a pipeline has spun-down its
gathering services into an affiliated
company, is it common for the affiliated
gatherer to seek higher rates for its
gathering services than the rates charged
by the pipeline for those services prior
to the spin-down?
a. How do the rates of non-affiliated
gatherers compare to the rates of
affiliated gatherers?
b. Have the rates charged by affiliated
gatherers had an impact on well shutins?
3. What factors are relevant in
determining whether a gathering
affiliate is separate from its pipeline
affiliate and independent from its
pipeline affiliate in performing its
gathering functions?
4. Must a gathering affiliate be
physically separate and separately
staffed in order to be independent of its
pipeline affiliate?
5. Because the basis of initially
disclaiming NGA section 4 and 5 ‘‘in
3 Williams
4 Id.
Gas Processing, at 1342.
at 1342.
5 Id.
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]]>Agencies
[Federal Register Volume 70, Number 184 (Friday, September 23, 2005)]
[Notices]
[Pages 55818-55819]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-19038]
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DEPARTMENT OF ENERGY
Agency Information Collection Extension
AGENCY: Department of Energy.
[[Page 55819]]
ACTION: Submission for Office of Management and Budget (OMB) review;
comment request.
-----------------------------------------------------------------------
SUMMARY: The Department of Energy (DOE) has submitted an information
collection package to the OMB for extension under the provisions of the
Paperwork Reduction Act of 1995. The package requests a three-year
extension of its Security, OMB Control Number 1910-1800. This
information collection package covers information necessary for DOE
management to exercise management oversight and control over their
contractors. The collections consist of information (1) for the nuclear
materials control and accountability for DOE-owned and--leased
facilities and DOE-owned nuclear materials at other facilities that are
exempt from licensing by the NRC; (2) for the protection of classified
information, special nuclear materials and other national security
assets (DOE site self-assessments and site security plans); and (3) on
DOE Federal and contractors traveling to foreign countries; for
tracking and recording background information on foreign nationals
having access to DOE facilities and information; and collection of
Foreign Ownership, Control or Influence data from bidders on DOE
contracts requiring personnel security clearances.
DATES: Comments regarding this collection must be received on or before
October 24, 2005. If you anticipate that you will be submitting
comments, but find it difficult to do so within the period of time
allowed by this notice, please advise the OMB Desk Officer of your
intention to make a submission as soon as possible. The Desk Officer
may be telephoned at 202-395-4650.
ADDRESSES: Written comments should be sent to: DOE Desk Officer, Office
of Information and Regulatory Affairs, Office of Management and Budget,
New Executive Office Building, Room 10102, 735 17th Street, NW.,
Washington, DC 20503.
Comments should also be addressed to: Sharon A. Evelin, Director,
IM-11/Germantown Bldg., U.S. Department of Energy, 1000 Independence
Ave SW., Washington, DC 20585-1290, and to: Kathy Murphy, SP-1.22
Germantown Building, U.S. Department of Energy, 19901 Germantown Road,
Germantown, Maryland 20874-1290.
FOR FURTHER INFORMATION CONTACT: Sharon A. Evelin and Kathy Murphy, at
the addresses listed above in ADDRESSES.
SUPPLEMENTARY INFORMATION: This package contains: (1) OMB No.: 1910-
1800; (2) Package Title: Security (3) Purpose: for DOE management to
exercise management oversight and control over their contractors; (4)
Estimated Number of Respondents: 39,136; (5) Estimated Total Burden
Hours: 249,955; (6) Number of Collections: The package contains
fourteen (14) information and/or recordkeeping requirements.
Statutory Authority: Department of Energy Organization Act,
Public Law 95-91, of August 4, 1977.
Sharon A. Evelin,
Director, Records Management Division, Office of the Chief Information
Officer.
[FR Doc. 05-19038 Filed 9-22-05; 8:45 am]
BILLING CODE 6450-01-P
