[Federal Register Volume 74, Number 164 (Wednesday, August 26, 2009)]
[Notices]
[Pages 43143-43147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20410]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Indian Health Service


Privacy Act of 1974; Report of an Altered System of Records; 
Sanitation Facilities Construction Individual Applicant Records; System 
Number 09-17-0004

AGENCY: Department of Health and Human Services (HHS), Indian Health 
Service (IHS).

ACTION: Notice of an Altered System of Records (SOR).

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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as 
amended, 5 U.S.C. 552a(e)(4), the IHS has amended and is publishing the 
proposed alteration of a SOR, System No. 09-17-0004, ``Sanitation 
Facilities Construction Individual Applicant (SFCIA) Records.'' Under 
the provisions of the Indian Sanitation Facilities Act, Public Law 86-
121 (42 U.S.C. 2004a), IHS is charged with carrying out the

[[Page 43144]]

functions to determine basic individual and home eligibility for 
sanitation services. The primary change to this SOR notice is to delete 
the reference to the Social Security Numbers (SSNs) under the 
Categories of Records; Retrievability; Notification; Record Access; and 
Contesting Record Procedures to comply with the Office of Management 
and Budget (OMB) Memorandum (M)07-16, Safeguarding Against and 
Responding to the Breach of Personally Identifiable Information (May 
22, 2007); and the HHS Directive Memorandum of October 6, 2008 to all 
Operating Division Heads to develop and execute a plan to eliminate the 
unnecessary collection and use of SSNs.

DATES: Effective Dates: IHS filed an altered system report with the 
Chair of the House Committee on Oversight and Government Reform, the 
Chair of the Senate Committee on Homeland Security and Governmental 
Affairs, and the Administrator, Office of Information and Regulatory 
Affairs, OMB on August 26, 2009. To ensure that all parties have 
adequate time in which to comment, the altered SOR will become 
effective 40 days from the publication of the notice, or from the date 
it was submitted to OMB and the Congress, whichever is later, unless 
IHS receives comments on all portions of this notice.

ADDRESSES: The public should address comments to: Mr. William Tibbitts, 
IHS Privacy Act Officer, Division of Regulatory Affairs, Office of 
Management Services, 801 Thompson Avenue, TMP, Suite 450, Rockville, MD 
20852-1627; call non-toll free (301) 443-1116; send via facsimile to 
(301) 443-9879, or send your e-mail requests, comments, and return 
address to: [email protected].

FOR FURTHER INFORMATION CONTACT: Mr. Ronald C. Ferguson, Director, 
Division of Sanitation Facilities Construction (DSFC), Office of 
Environmental Health and Engineering (OEHE), 801 Thompson Avenue, TMP, 
Suite 610, Rockville, MD 20852-1627, Telephone (301) 443-1046.

SUPPLEMENTARY INFORMATION: Under the provisions of 25 U.S.C. 1632, it 
is IHS policy that all Indian communities and Indian homes, new and 
existing, shall be provided with safe and adequate water supply systems 
and sanitary sewage waste disposal for preventive health measures.

    Dated: August 13, 2009.
Yvette Roubideaux,
Director, Indian Health Service.
Department of Health and Human Services

09-17-0004

SYSTEM NAME:
    Indian Health Service Sanitation Facilities Construction Individual 
Applicant Records, HHS/IHS/OEHE.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    Each Indian Health Service (IHS) Area and local Sanitation 
Facilities Construction (SFC) office. (See Appendix 1).

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals requesting and/or receiving sanitation facilities.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Contains name, home and/or mailing address, e-mail address, 
telephone phone number, Tribal roll/census number, request for service 
application to obtain sanitation facilities and all pertinent documents 
necessary to determine eligibility for such services.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
     Indian Sanitation Facilities Act, Public Law 86-121; 42 
U.S.C. 2004a.
     Safe Water and Sanitary Waste Disposal Facilities, Public 
Law 94-437 Section 302; 25 U.S.C. 1632.
     Indian Lands Open Dump Cleanup, 25 U.S.C. 3901 et seq.
     Department Regulation, 5 U.S.C. 301.
     Privacy Act of 1974 as amended, 5 U.S.C. 552a.
     Federal Records Act, 44 U.S.C. 2901.
     Section 321 of the Public Health Service Act as amended, 
42 U.S.C. 248, and
     Indian Health Care Improvement Act, 25 U.S.C. 1601 et seq.
    Purpose(s): The purposes of this system of records are:
    1. To determine basic individual and home eligibility for 
sanitation services provided by the SFC Program under Public Law 86-
121.
    2. Budget justification for appropriation and project development 
to serve eligible homes and persons with sanitation facilities.
    3. To monitor, track and report status and progress of services 
provided.
    4. To maintain records on and to verify individuals' eligibility 
for services.
    5. To link with the IHS Resource and Patient Management System 
(RPMS) for purposes of verifying and determining individuals' 
eligibility.

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, other routine uses are as follows:
    1. IHS may disclose records to a congressional office in response 
to a verified inquiry from the Congressional office made at the written 
request of the subject individual.
    2. IHS may disclose records to other Federal agencies or Tribes 
that provide funding for or are involved in providing sanitation 
facilities to individuals or communities. In addition, records may be 
disclosed to individuals specifically involved in the process of 
providing sanitation facilities, including but not limited to Tribal 
officials, Tribal housing authorities, Tribal utilities, contractors, 
State and local entities and consultants.
    3. IHS may disclose information from these records in litigations 
and/or proceedings related to an administrative claim when:
    (a) IHS has determined that the use of such records is relevant and 
necessary to the litigation and/or proceedings related to an 
administrative claim and would help in the effective representation of 
the affected party listed in subsections (i) through (iv) below, and 
that such disclosure is compatible with the purpose for which the 
records were collected. Such disclosure may be made to the Department 
of Justice (DOJ) when any of the following is a party to litigation 
and/or proceedings related to an administrative claim or has an 
interest in the litigation and/or proceedings related to an 
administrative claim:
    (i) HHS or any component thereof; or
    (ii) Any HHS employee in his or her official capacity; or
    (iii) Any HHS employee in his or her individual capacity where the 
DOJ (or HHS, where it is authorized to do so) has agreed to represent 
the employee; or
    (iv) The United States or any agency thereof (other than HHS) where 
HHS/OGC has determined that the litigation and/or proceedings related 
to an administrative claim is likely to affect HHS or any of its 
components.
    (b) In the litigation and/or proceedings related to an 
administrative claim described in subsection (a) above, information 
from these records may be disclosed to a court or other tribunal, or to 
another party before such tribunal

[[Page 43145]]

when such records are relevant and necessary to the litigation and such 
use by the court, tribunal, or other party is compatible with the 
purpose for which the agency collected the records.
    4. In the event that a SOR maintained by the IHS to carry out its 
functions indicates a violation or potential violation of law, whether 
civil, criminal, or regulatory in nature, and whether arising by 
general statute or particular program statute, or by regulation, rule 
or order issued pursuant thereto, the relevant records in the SOR may 
be referred to the appropriate agency, whether Federal, state, or 
local, charged with enforcing or implementing the statute or rule, 
regulation or order issued pursuant thereto.
    5. IHS may disclose records contained in this system of records to 
HHS contractors and subcontractors for the purpose of collecting, 
compiling, aggregating, analyzing, or refining records in the system. 
Contractors maintain, and are also required to ensure that 
subcontractors maintain Privacy Act safeguards with respect to such 
records.
    6. IHS may disclose records contained in this system of records to 
other Federal or Tribal entities that provide sanitation facilities at 
the request of these entities in conjunction with a computer-matching 
program conducted by these entities to detect or curtail fraud and 
abuse in similar types of program services.
    7. To appropriate Federal agencies and Departmental contractors 
that have a need to know the information for the purpose of assisting 
the Department's efforts to respond to a suspected or confirmed breach 
of the security or confidentiality of information maintained in this 
SOR, and the information disclosed is relevant and necessary for that 
assistance.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Paper records are maintained in folders and/or ledgers. Electronic 
records are stored on computer servers.

RETRIEVABILITY:
    Records, which identify individual persons, are indexed by name; 
address, phone number; Tribal/Census ID or SFC identification numbers.

SAFEGUARDS:
    Records are accessed by persons responsible for servicing the 
record system in performance of their official duties. Paper records 
are stored in locked standard file cabinets. Electronic records are 
stored on servers and access or updates to information require a system 
password, thereby preserving the integrity of the data. All IHS 
personnel who make use of records contained in this system are made 
aware of their responsibilities under the provisions of the Privacy Act 
and are required to maintain Privacy Act safeguards with respect to 
such records.

RETENTION AND DISPOSAL:
    For individuals who receive IHS sanitation facility services, the 
proposed IHS Records Disposition Authority (Schedule 3, Section 11, 
Item No. 11-11a) states the following: Transfer to the Federal Records 
Center (FRC) when administrative value ends, or after 10 years of 
inactivity, whichever is sooner. Destroy 20 years after retirement to 
FRC.
    For individuals who do not receive IHS sanitation facility 
services, the proposed IHS Records Disposition Authority (Schedule 3, 
Section 11, Item No. 11-11b) states the following: Transfer to the FRC 
when administrative value ends, or after 10 years of inactivity, 
whichever is sooner. Destroy 20 years after retirement to the FRC.

SYSTEM MANAGERS AND ADDRESSES:
    See Appendix 1.
    Policy Coordinating Official: Director, DSFC, OEHE, IHS, 801 
Thompson Avenue, TMP, Suite 610, Rockville, Maryland 20852. The IHS 
Area Office SFC Director or designee is the System Manager for all SFC 
offices located within their respective IHS Area. Each SFC Office 
Manager is the System Manager for the respective local IHS SFC office 
within an Area and is the point of contact for written request(s) from 
the individual of the record. The local IHS SFC Office Manager will 
process the written request by locating all or parts of the records 
stored either physically or electronically.

NOTIFICATION PROCEDURES:
    For information, assistance, or inquiry about the existence of 
records, make a written request to the IHS Area SFC Director, local IHS 
SFC Office Manager or designee at the appropriate location. A list of 
all locations is provided in Appendix 1.
    Individuals must provide their full name, current address and 
telephone number, Tribal/census ID and signature.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to information about themselves 
contained in this system should make a written request to the IHS Area 
SFC Director, local IHS SFC Office Manager or designee at the 
appropriate location. A list of all locations is provided in Appendix 
1.
    Individuals must provide their full name, current address and 
telephone number, Tribal/Census ID and signature.

CONTESTING RECORD PROCEDURES:
    Make a written request to the IHS Area SFC Director, local IHS SFC 
Office Manager or designee at the appropriate location. A list of all 
locations is provided in Appendix 1.
    Individuals must provide their full name, current address and 
telephone number, Tribal/census ID and signature.
    Provide a reasonable description of the record, and specify the 
information being contested, the corrective action sought, and the 
reasons for requesting the correction, along with supporting 
information to show how the record is inaccurate, incomplete, untimely, 
or irrelevant.

RECORD SOURCE CATEGORIES:
    Information will be collected from the following sources:
     From the individual and/or a by individual's family member 
or designated representative.
     RPMS.
     Tribal entities.
     Tribal housing authorities.
     Tribal utilities.
     Other Federal agencies, including but not limited to the 
Bureau of Indian Affairs, state or local governments or non-
governmental entities.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    None.
    Appendix 1: System Managers and IHS locations under their 
Jurisdiction Where Records are Maintained.
    Director, Aberdeen Area IHS; Attention: Division of Sanitation 
Facilities Construction, 115 4th Avenue, SE., Aberdeen, South Dakota 
57401.
    Director, Belcourt Hospital IHS; Attention: Sanitation Facilities 
Construction, P.O. Box 160, Belcourt, North Dakota 58316.
    Director, Martin Field Office IHS; Attention: Sanitation Facilities 
Construction, P.O. Box F, Martin, South Dakota 57551.
    Director, Minot Field Office IHS; Attention: Sanitation Facilities 
Construction, Federal Building, Room 302, Minot, North Dakota 58701.
    Director, Mobridge Field Office IHS; Attention: Sanitation 
Facilities Construction, P.O. Box 159, Mobridge, South Dakota 57601.
    Director, Pierre Field Office IHS; Attention: Sanitation Facilities 
Construction, 420 South Garfield, Suite 200, Pierre, South Dakota 
57501.

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    Director, Rosebud Hospital IHS; Attention: Sanitation Facilities 
Construction, P.O. Box 400, Rosebud, South Dakota 57570.
    Director, Sioux City Field Office IHS; Attention: Sanitation 
Facilities Construction, 6th and Douglas, Room 207, Box 19, Sioux City, 
Iowa 51101.
    Director, Alaska Area Native Health Service; OEHE--Division of 
Sanitation Facilities Construction, 4141 Ambassador Drive, Suite 300, 
Anchorage, Alaska 99508.
    Director, Albuquerque Area IHS; Attention: Sanitation Facilities 
Construction, 5300 Homestead Road, NE., Albuquerque, New Mexico 87110.
    Director, Albuquerque Service Unit IHS; Attention: Sanitation 
Facilities Construction, 801 Vassar Drive, NE., Albuquerque, New Mexico 
87106.
    Director, Santa Fe Service Unit IHS; Attention: Sanitation 
Facilities Construction, 1700 Cerrillos Road, Santa Fe, New Mexico 
87505.
    Director, Southern Ute Service Unit IHS; Attention: Sanitation 
Facilities Construction, 322 Buckskin Charlie, Ignacio, Colorado 81137.
    Director, Bemidji Area IHS; Attention: Sanitation Facilities 
Construction, 522 Minnesota Avenue, NW., Room 216, Bemidji, Minnesota 
56601.
    Director, Ashland Field Office IHS; Attention: Sanitation 
Facilities Construction, 2800 Lake Shore Drive East, Ashland, Wisconsin 
54806.
    Director, Minnesota District Office IHS; Attention: Sanitation 
Facilities Construction, 522 Minnesota Avenue, NW., Room 216, Bemidji, 
Minnesota 56601.
    Director, Rhinelander District Office IHS; Attention: Sanitation 
Facilities Construction, 9A South Brown Street, Rhinelander, Wisconsin 
54501.
    Director, Sault St. Marie Field Office IHS; Attention: Sanitation 
Facilities Construction, 2847 Ashmun Street, Suite 1, Sault Ste. Marie, 
Minnesota 49783.
    Director, Billings Area IHS; Attention: Sanitation Facilities 
Construction, 2900 4th Avenue North, Box 36600, Billings, Montana 
59107.
    Director, PHS Indian Hospital; Attention: Sanitation Facilities 
Construction, P.O. Box 760, Browning, Montana 59417.
    Director, Crow Agency PHS Indian Hospital; Attention: Sanitation 
Facilities Construction, P.O. Box 9, Crow Agency, Montana 59022.
    Director, Wind River Service Unit IHS; Attention: Sanitation 
Facilities Construction, 76 Black Cole Drive, Box 128, Fort 
Washakie, Wyoming 82514.
    Director, Harlem PHS Indian Hospital; Attention: Sanitation 
Facilities Construction, RR1, Box 67, Harlem, Montana 59526.
    Director, Lame Deer PHS Indian Health Center; Attention: Sanitation 
Facilities Construction, Lame Deer, Montana 59043.
    Director, Wolf Point PHS Indian Health Center; Attention: 
Sanitation Facilities Construction, Chief Redstone Health Center, 
729, Wolf Point, Montana 59201.
    Director, California Area IHS; Attention: Division of Sanitation 
Facilities Construction, 650 Capitol Mall, Suite 7-100, Sacramento, 
California 95814.
    Director, Arcata Field Office, IHS; Attention: Sanitation 
Facilities Construction, 1125 16th Street, Suite 100, Arcata, 
California 95521.
    Director, Escondido District Office IHS; Attention: Sanitation 
Facilities Construction, 1320 West Valley Parkway, Suite 309, 
Escondido, California 92029.
    Director, Fresno Field Office IHS; Attention: Sanitation Facilities 
Construction, 1551 East Shaw Avenue, Suite 117B, Fresno, California 
93710.
    Director, Redding District Office IHS; Attention: Sanitation 
Facilities Construction, 1900 Churn Creek Road, Suite 210, Redding, 
California 96002.
    Director, Ukiah Field Office IHS; Attention: Sanitation Facilities 
Construction, 609 South State Street, Suite A, Ukiah, California 95482.
    Director, Nashville Area IHS; Attention: Division of Sanitation 
Facilities Construction, 711 Stewarts Ferry Pike, Nashville, Tennessee 
37214-2634.
    Director, Atmore Field Office IHS; Attention: Sanitation Facilities 
Construction, 5811 Jack Springs Road, Atmore, Alabama 46502.
    Director, Bangor Field Office IHS; Attention: Sanitation Facilities 
Construction, 304 Hancock Street, 3H, Bangor, Maine 04401-
6573.
    Director, Opelousas Field Office IHS; Attention: Sanitation 
Facilities Construction, 2341 Larkspur Lane, Suite 2, Opelousas, 
Louisiana 70570.
    Director, Manlius Field Office; Attention: Sanitation Facilities 
Construction, 122 East Seneca Street, Manlius, New York 13104.
    Director, Navajo Area IHS; Attention: Director, Division of 
Sanitation Facilities Construction, P.O. Box 9020 (Physical Address: 
Hwy 264 & St. Michael Road), Window Rock, Arizona 86515.
    Director, Crownpoint Health Care Facility; Attention: Sanitation 
Facilities Construction, P.O. Box 680, Crownpoint, New Mexico 87313.
    Director, Farmington Field Office IHS; Attention: Sanitation 
Facilities Construction, 300 West Arrington, Suite 121, Farmington, New 
Mexico 87401.
    Director, Flagstaff Field Office IHS; Attention: Sanitation 
Facilities Construction, P.O. Box KK, Flagstaff, Arizona 86002.
    Director, Fort Defiance Indian Hospital; Attention: Sanitation 
Facilities Support Center, P.O. Box 648, Fort Defiance, Arizona 86504.
    Director, Gallup Indian Medical Center IHS; Attention: Sanitation 
Facilities Construction, 3412 East Highway 66, Gallup, New Mexico 
87301.
    Director, Kayenta Indian Health Center; Attention: Sanitation 
Facilities Construction, P.O. Box 368, Kayenta, Arizona 86033.
    Director, Many Farms Field Office IHS; Attention: Sanitation 
Facilities Construction, P.O. Box 694, Many Farms, Arizona 86538.
    Director, Northern Navajo Medical Center IHS; Attention: Sanitation 
Facilities Construction, P.O. Box 160, Shiprock, New Mexico 87420.
    Director, Tuba City Regional Health Care Center; Attention: 
Sanitation Facilities Construction, P.O. Box 600, Tuba City, Arizona 
86045.
    Director, Winslow Indian Health Care Center; Attention: Sanitation 
Facilities Construction, 500 N. Indiana Avenue, Winslow, Arizona 86047.
    Director, Oklahoma City Area IHS; Attention: Director, Division of 
Sanitation Facilities Construction, Five Corporate Plaza, 3625 NW. 56th 
Street, Oklahoma City, Oklahoma 73112.
    Director, Clinton Field Office IHS; Attention: Sanitation 
Facilities Construction, Route 1, Box 3060, Clinton, Oklahoma 73601.
    Director, Holton Field Office IHS; Attention: Sanitation Facilities 
Construction, 324 New York Avenue, Holton, Kansas 66436.
    Director, Lawton Indian Hospital IHS; Attention: Sanitation 
Facilities Construction, 1515 Lawrie Tatum Road, Lawton, Oklahoma 
73507.
    Director, Miami Field Office IHS; Attention: Sanitation Facilities 
Construction, P.O. Box 1498, Miami, Oklahoma 74354.
    Director, Okmulgee Field Office IHS; Attention: Sanitation 
Facilities Construction, P.O. Box 67, Okmulgee, Oklahoma 74447.
    Director, Pawnee Field Office IHS; Attention: Sanitation Facilities 
Construction, 1201 Heritage Circle, Pawnee, Oklahoma 74058.
    Director, Shawnee Field Office IHS; Attention: Sanitation 
Facilities Construction, 14106 Highway 177, Shawnee, Oklahoma 74804.
    Director, Phoenix Area IHS; Attention: Director, Division of

[[Page 43147]]

Sanitation Facilities Construction, Two Renaissance Square, Suite 720, 
40 North Central Avenue, Phoenix, Arizona 85004-4424.
    Director, Elko Field Office IHS; Attention: Sanitation Facilities 
Construction, 557 W. Silver Street, Suite 204, Elko, Nevada 89801.
    Director, Fort Duchesne Indian Health Center; Attention: Sanitation 
Facilities Construction, P.O. Box 489, Fort Duchesne, Utah 84026.
    Director, Eastern Arizona District Office IHS; Attention: 
Sanitation Facilities Construction, 5448 S. White Mountain Road, Suite 
220, Lakeside, Arizona 85929.
    Director, Hopi Health Care Center; Attention: Sanitation Facilities 
Construction, P.O. Box 4000, Polacca, Arizona 86042
    Director, San Carlos PHS Indian Hospital; Attention: Sanitation 
Facilities Construction, P.O. Box 208, San Carlos, Arizona 85550.
    Director, Reno District Office IHS; Attention: Sanitation 
Facilities Construction, 1395 Greg Street, Suite 101, Sparks, Nevada 
89431.
    Director, Western Arizona District Office IHS; Attention: 
Sanitation Facilities Construction, 1553 West Todd Drive, Suite 107, 
Tempe, Arizona 85283.
    Director, Whiteriver PHS Indian Hospital; Attention: Sanitation 
Facilities Construction, P.O. Box 860, Whiteriver, Arizona 85941.
    Director, Fort Yuma PHS Indian Hospital; Attention: Sanitation 
Facilities Construction, P.O. Box 1368, Yuma, Arizona 85364.
    Director, Portland Area IHS; Attention: Director, Division of 
Sanitation Facilities Construction, 1220 SW. Third Avenue, Room 476, 
Portland, Oregon 97204.
    Director, Olympic District Office IHS; Attention: Sanitation 
Facilities Construction, 4060 Wheaton Way, Suite B, Bremerton, 
Washington 98310.
    Director, Fort Hall Field Office IHS; Attention: Sanitation 
Facilities Construction, P.O. Box 717, Mission Road, Fort Hall, Idaho 
83203.
    Director, Port Angeles Field Office IHS; Attention: Sanitation 
Facilities Construction, 1601 East Front Street, Building B, Suite C, 
Port Angeles, Washington 98362.
    Director, Western Oregon Service Unit IHS; Attention: Sanitation 
Facilities Construction, 3750 Chemawa Road, NE., Salem, Oregon 97305.
    Director, Seattle District Office IHS; Attention: Sanitation 
Facilities Construction, 2201 Sixth Avenue, Room 300, Seattle, 
Washington 98121.
    Director, Spokane District Office IHS; Attention: Sanitation 
Facilities Construction, 1919 E. Francis Avenue, Spokane, Washington 
99208.
    Director, Tucson Area IHS; Attention: Director, Division of 
Sanitation Facilities Construction, 7900 S.J. Stock Road, Tucson, 
Arizona 85746-7012.
    Director, Western District Office IHS; Attention: Sanitation 
Facilities Construction, 2250 North Final Avenue, Suite 4, Casa Grande, 
Arizona 85222.
    Director, Sells Service Unit IHS; Attention: Sanitation Facilities 
Construction, P.O. Box 548, Mesquite Street, Sells, Arizona 85634.

[FR Doc. E9-20410 Filed 8-25-09; 8:45 am]
BILLING CODE 4160-16-M