[Federal Register Volume 75, Number 52 (Thursday, March 18, 2010)]
[Notices]
[Pages 13099-13103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5961]


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DEPARTMENT OF DEFENSE

Department of the Army

[Docket ID: USA-2010-0001]


Privacy Act of 1974; System of Records

AGENCY: Department of the Army, DoD.

ACTION: Notice to alter a system of records.

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SUMMARY: Department of the Army is proposing to alter a system of 
records notices in its existing inventory of record systems subject to 
the Privacy Act of 1974, (5 U.S.C. 552a), as amended.

DATES: This proposed action will be effective without further notice on 
April 19, 2010 unless comments are received which result in a contrary 
determination.

ADDRESSES: You may submit comments, identified by docket number and 
title, by any of the following methods:
    * Federal Rulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    * Mail: Federal Docket Management System Office, 1160 Defense 
Pentagon, Washington, DC 20301-1160.
    Instructions: All submissions received must include the agency name 
and docket number for this Federal Register document. The general 
policy for comments and other submissions from members of the public is 
to make these submissions available for public viewing on the Internet 
at http://www.regulations.gov as they are received without change, 
including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Mr. Leroy Jones at (703) 428-6185.

SUPPLEMENTARY INFORMATION: Department of the Army notices for systems 
of records subject to the Privacy Act of 1974 (5 U.S.C. 552a), as 
amended, have been published in the Federal Register and are available 
from: Department of the Army, Privacy Office, U.S. Army Records 
Management and Declassification Agency, 7701 Telegraph Road, Casey 
Building, Suite 144, Alexandria, VA 22325-3905.
    The proposed system report, as required by 5 U.S.C. 552a(r) of the 
Privacy Act of 1974, as amended, was submitted on March 4, 2010, to the 
House Committee on Government Reform, the Senate Committee on Homeland 
Security and Governmental Affairs, and the Office of Management and 
Budget (OMB) pursuant to paragraph 4c of Appendix I to OMB Circular No. 
A-130, ``Federal Agency Responsibilities for Maintaining Records About 
Individuals,'' (February 20, 1996; 61 FR 6427).

    Dated: March 15, 2010.
Mitchell S. Bryman,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
A0600-20 DCS, G-1

SYSTEM NAME:
    Sexual Assault Data Management System (SADMS) (January 8, 2007; 72 
FR 742).

CHANGES:
SYSTEM NAME:
    Delete entry and replace with ``Sexual Assault (SADMS) and Sexual 
Harassment (SHARP) Program Records.''
* * * * *

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Delete entry and replace with ``Any uniformed member of the Army, 
DoD Civilian and/or DoD Contractor personnel accompanying our armed 
forces as integral parts of a unified mission who has been identified 
as the victim of a sexual assault.
    Any person who has been identified as the victim of a sexual 
assault allegedly committed by a uniformed member of the Army, a DoD 
Civilian or DoD Contractor accompanying our armed forces as integral 
parts of a unified mission.
    Any person who has been titled, by a law enforcement agency, as the 
perpetrator of an alleged sexual assault against a uniformed member of 
the Army, a DoD Civilian or DoD Contractor accompanying our armed 
forces as integral parts of a unified mission.
    Any uniformed member of the Army, DoD Civilian and/or DoD 
Contractor accompanying our armed forces as integral parts of a unified 
mission, contractor, or civilian employee who has been Titled, by a Law 
Enforcement Agency as the perpetrator of an alleged sexual assault.
    Any victim or offender identified in a report of sexual assault 
investigated by the Criminal Investigation Command (CID).
    Any uniformed member of the Army, DoD Civilian and/or DoD 
Contractor personnel accompanying our armed forces as integral parts of 
a unified mission who has reported a military sexual harassment 
complaint. Any person who has been identified as the subject in a 
military sexual harassment allegation by a uniformed member of the 
Army, a DoD Civilian or DoD Contractor accompanying our armed forces as 
integral parts of a unified mission.''

CATEGORIES OF RECORDS IN THE SYSTEM:
    Delete entry and replace with ``Name; Social Security Number (SSN); 
date of

[[Page 13100]]

birth; rank or status; demographic information; investigation related 
information relating to a sexual assault or sexual harassment incident; 
initial and final treatment dates and aggregate count of intermediate 
medical treatment contacts with the victim (only for those victims who 
are uniformed members of the Army and elect unrestricted reporting); 
information from records/reports relating to victim support extended by 
installation and/or unit advocates; and actions taken by commanders 
against offenders. Where a sexual assault victim elects confidential or 
``restricted'' sexual assault reporting pursuant to the DoD 
confidentiality policy that went into effect June 14, 2005, victim 
personal identifying information will not be maintained within the 
systems, and by default, there will be no investigative or legal 
disposition of alleged offender information maintained within the 
system.''

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Delete entry and replace with ``Pub. L. 108-375, Section 577; 10 
U.S.C. 3013, Secretary of the Army; DoD Directive 1030.1, Victim and 
Witness Assistance; AR 27-10 Military Justice; DoD Directive 6495.01, 
Sexual Assault Prevention and Response (SAPR) Program; AR 40-66 Medical 
Record Administration and Health Care Documentation; AR 195-2 Criminal 
Investigation Activities; AR 600-20, Army Command Policy; AR 608-18, 
Family Advocacy Program DoD Instruction 6495.02, Sexual Assault 
Prevention and Response Program Procedures; and E.O. 9397 (SSN), as 
amended.''

PURPOSE(S):
    Delete entry and replace with ``To provide a web-based case 
reporting tool for the submission of relevant data to the Sexual 
Assault Data Management System (SADMS) and a centralized repository of 
relevant data regarding the entire lifecycle of sexual assault cases, 
involving victims and/or alleged offenders who are members of the Army 
(either the victim and/or alleged offender(s) must be a uniformed 
member of the Army and/or DoD Civilians and/or DoD Contractor personnel 
and either the victim and/or alleged offender(s) must serve or 
accompany our armed forces as integral parts of the unified mission). 
To enhance compilation and accuracy of statistical data and management 
reports to enable Sexual Harassment/Assault Response and Prevention 
Program (SHARP) leaders to assess the effectiveness of both response 
and prevention and make fact-based changes to policy and procedures on 
the strength of this analysis. The system also stores training 
documentation for all personnel whose duties pertain to sexual assault 
and sexual harassment reporting and documentation.''
* * * * *

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Delete entry and replace with ``In addition to those disclosures 
generally permitted under 5 U.S.C. 552a(b) of the Privacy Act of 1974, 
these records may be disclosed outside the DoD as a routine use 
pursuant to 5 U.S.C. 552a(b)(3) as follows:
    The DoD ``Blanket Routine Uses'' set forth at the beginning of the 
Office of the Secretary of Defense compilation of systems of records 
notices also apply to this system.

    Note: This system of records contains individually identifiable 
health information. The DoD Health Information Privacy Regulation 
(DoD 6025.18-R) issued pursuant to the Health Insurance Portability 
and Accountability Act of 1996, applies to most such health 
information. DoD 6025.18-R may place additional procedural 
requirements on the uses and disclosures of such information beyond 
those found in the Privacy Act of 1974 or mentioned in this system 
of records notice.''

* * * * *

SAFEGUARDS:
    Delete entry and replace with ``All records are maintained in areas 
accessible only to authorized personnel who have an official need-to-
know in the performance of their assigned duties. Automated records are 
further protected by assignment of user identification and password to 
protect the system from unauthorized access. User identification and 
passwords are validated through a Public Key Infrastructure (PKI) and 
utilize a Common Access Card (CAC). The system employs a Secure Socket 
Layer (SSL) certificate and 128 bit encryption to provide further 
protection from unauthorized access to personal data. During non-duty 
hours, physical security will be provided by the military police 
Pentagon Force Protection Agency Police, or contract guard patrols to 
ensure protection against unauthorized access.''

RETENTION AND DISPOSAL:
    Delete entry and replace with ``Sexual Assault Data Management 
System (SADMS) Master File:
    Disposition: Keep in current file area until no longer needed for 
conducting business, then retire to Records Holding Area/Army 
Electronic Archives (RHA/AEA). The RHA/AEA will destroy the record when 
the record is 60 years old. Unrestricted reports will be maintained for 
40 years, unless there is no authoritative source data other than the 
data provided by advocacy (Sexual Assault Response Coordinator/Victim 
Advocate). Sexual Harassment/Assault Response and Prevention (SHARP) 
program Standard Reports:
    Disposition: Keep in current file area until the data has been 
archived, then until no longer needed for conducting business, and then 
retire to Records Holding Area/Army Electronic Archives (RHA/AEA). The 
RHA/AEA will destroy the record in 5 years.

SEXUAL HARASSMENT RECORDS:
    Disposition pending until the National Archives and Records 
Administration has approved retention and disposition of these records, 
treat as permanent.''

SYSTEM MANAGER(S) AND ADDRESS:
    Delete entry and replace with ``Chief, Human Relations Policy 
Directorate, Deputy Chief of Staff, Army G-1, ATTN: DAPE-HR, 300 Army 
Pentagon, Washington, DC 20310-0300.''

NOTIFICATION PROCEDURE:
    Delete entry and replace with ``Individuals seeking to determine 
whether information about themselves is contained in these systems 
should address written inquiries to Deputy Chief of Staff, Army G-1, 
ATTN: DAPE-HR, 300 Army Pentagon, Washington, DC 20310-0300.
    For verification purposes, individual should provide their full 
name, Social Security Number (SSN), current address and telephone 
number and other personal identifying data that would assist in 
locating the records.
    In addition, the requester must provide a notarized statement or an 
unsworn declaration made in accordance with 28 U.S.C. 1746, in the 
following format:
    If executed outside the United States: ``I declare (or certify, 
verify, or state) under penalty of perjury under the laws of the United 
States of America that the foregoing is true and correct. Executed on 
(date). (Signature)''.
    If executed within the United States, its territories, possessions, 
or commonwealths: ``I declare (or certify, verify, or state) under 
penalty of perjury that the foregoing is true and correct. Executed on 
(date). (Signature)''.''

RECORDS ACCESS PROCEDURE:
    Delete entry and replace with ``Individuals seeking access to

[[Page 13101]]

information about themselves contained in this system should address 
written inquiries to the Deputy Chief of Staff, Army G-1, ATTN: DAPE-
HR-HF, 300 Army Pentagon, Washington, DC 20310-0300.
    For verification purposes, individual should provide their full 
name, Social Security Number (SSN), current address and telephone 
number and other personal identifying data that would assist in 
locating the records.
    In addition, the requester must provide a notarized statement or an 
unsworn declaration made in accordance with 28 U.S.C. 1746, in the 
following format:
    If executed outside the United States: ``I declare (or certify, 
verify, or state) under penalty of perjury under the laws of the United 
States of America that the foregoing is true and correct. Executed on 
(date). (Signature)''.
    If executed within the United States, its territories, possessions, 
or commonwealths: ``I declare (or certify, verify, or state) under 
penalty of perjury that the foregoing is true and correct. Executed on 
(date). (Signature)''.''
* * * * *

RECORD SOURCE CATEGORIES:
    Delete entry and replace with ``Army Criminal Investigation 
Intelligence System (ACI2); Central Operations Police Suite (COPS); 
Sexual Assault Response Program Tracking Application (SARPTA); Sexual 
Harassment/Assault Response and Prevention (SHARP); Army Court Martial 
Information System (ACMIS); Defense Eligibility and Enrollment 
Reporting System (DEERS); Defense Manpower Data Center (DMDC); Total 
Army Personnel Data Base (TAPDB); Defense Integrated Military Human 
Resources System (DIMHRS); Army Human Resources Data Repository; Army 
Civilian Personnel Records System (ACPERS); Defense Civilian Personnel 
Data System (DCPDS); Contractor Verification System (CVS); Synchronized 
Personnel Operational Tracker (SPOT); Civilian Tracking System 
(CIVTRACKS); Deployed Theater Accountability System (DTAS) (unclass 
only); Interim Reporting Solution workbook; Department of Justice 
(DOJ); the Army Force Management Support Web-based Army Authorization 
Document System (FMSWeb, previously WebTAADS); and the Equal 
Opportunity Reporting System (EORS). HQDA, G-1, SHARP Program Office 
will coordinate the extent and scope of official Army systems data that 
will be incorporated into the Sexual Harassment/Assault Response and 
Prevention program.''

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    Delete entry and replace with ``This system of records is a 
compilation of information from other Department of Defense/Army 
systems of records. To the extent that copies of exempt records from 
those other systems of records are entered into this system of records, 
the Army G-1 hereby claims the same exemptions for the records from 
those other systems that are entered into this system, as claimed for 
the original primary system of which they are a part.
    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.''
* * * * *
A0600-20 DCS, G-1

SYSTEM NAME:
    Sexual Assault (SADMS) and Sexual Harassment (SHARP) Program 
Records.

SYSTEM LOCATION:
    Headquarters, Department of the Army, Staff and field operating 
agencies, major commands, installations and activities. 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:
    Any uniformed member of the Army, DoD Civilian and/or DoD 
Contractor personnel accompanying our armed forces as integral parts of 
a unified mission who has been identified as the victim of a sexual 
assault.
    Any person who has been identified as the victim of a sexual 
assault allegedly committed by a uniformed member of the Army, a DoD 
Civilian or DoD Contractor accompanying our armed forces as integral 
parts of a unified mission.
    Any person who has been titled, by a law enforcement agency, as the 
perpetrator of an alleged sexual assault against a uniformed member of 
the Army, a DoD Civilian or DoD Contractor accompanying our armed 
forces as integral parts of a unified mission.
    Any uniformed member of the Army, DoD Civilian and/or DoD 
Contractor accompanying our armed forces as integral parts of a unified 
mission, contractor, or civilian employee who has been Titled, by a Law 
Enforcement Agency as the perpetrator of an alleged sexual assault.
    Any victim or offender identified in a report of sexual assault 
investigated by the Criminal Investigation Command (CID).
    Any uniformed member of the Army, DoD Civilian and/or DoD 
Contractor personnel accompanying our armed forces as integral parts of 
a unified mission who has reported a military sexual harassment 
complaint. Any person who has been identified as the subject in a 
military sexual harassment allegation by a uniformed member of the 
Army, a DoD Civilian or DoD Contractor accompanying our armed forces as 
integral parts of a unified mission.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Name; Social Security Number (SSN); date of birth; rank or status; 
demographic information; investigation information relating to a sexual 
assault or sexual harassment incident; initial and final treatment 
dates and aggregate count of intermediate medical treatment contacts 
with the victim (only for those victims who are uniformed members of 
the Army and elect unrestricted reporting); information from records/
reports relating to victim support extended by installation and/or unit 
advocates; and actions taken by commanders against offenders. Note: 
Where a sexual assault victim elects confidential or ``restricted'' 
sexual assault reporting pursuant to the DoD confidentiality policy 
that went into effect June 14, 2005, victim personal identifying 
information will not be maintained within the systems, and by default, 
there will be no investigative or legal disposition of alleged offender 
information maintained within the system.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    10 U.S.C. 3013, Secretary of the Army; Public Law 108-375, Section 
577; DoD Directive 1030.1, Victim and Witness Assistance; AR 27-10 
Military Justice; DoD Directive 6495.01, Sexual Assault Prevention and 
Response (SAPR) Program; AR 40-66 Medical Record Administration and 
Health Care Documentation; AR 195-2 Criminal Investigation Activities; 
AR 600-20, Army Command Policy; AR 608-18, Family Advocacy Program DoD 
Instruction 6495.02, Sexual Assault Prevention and Response Program 
Procedures; and E.O. 9397 (SSN), as amended.

PURPOSE(S):
    To provide a Web-based case reporting tool for the submission of 
relevant data to the Sexual Assault Data Management System (SADMS) and 
a centralized repository of relevant data regarding the entire 
lifecycle of sexual assault cases, involving victims and/or

[[Page 13102]]

alleged offenders who are members of the Army (either the victim and/or 
alleged offender(s) must be a uniformed member of the Army and/or DoD 
Civilians and/or DoD Contractor personnel and either the victim and/or 
alleged offender(s) must serve or accompany our armed forces as 
integral parts of the unified mission). To enhance compilation and 
accuracy of statistical data and management reports to enable Sexual 
Harassment/Assault Response and Prevention Program (SHARP) leaders to 
assess the effectiveness of both response and prevention and make fact-
based changes to policy and procedures on the strength of this 
analysis. The system also stores training documentation for all 
personnel whose duties pertain to sexual assault and sexual harassment 
reporting and documentation.

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 of 1974, these records may be disclosed 
outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as 
follows:
    The DoD ``Blanket Routine Uses'' set forth at the beginning of the 
Office of the Secretary of Defense compilation of systems of records 
notices also apply to this system.

    Note: This system of records contains individually identifiable 
health information. The DoD Health Information Privacy Regulation 
(DoD 6025.18-R) issued pursuant to the Health Insurance Portability 
and Accountability Act of 1996, applies to most such health 
information. DoD 6025.18-R may place additional procedural 
requirements on the uses and disclosures of such information beyond 
those found in the Privacy Act of 1974 or mentioned in this system 
of records notice.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Electronic storage media.

RETRIEVABILITY:
    Name and Social Security Number (SSN).

SAFEGUARDS:
    All records are maintained in areas accessible only to authorized 
personnel who have an official need-to-know in the performance of their 
assigned duties. Automated records are further protected by assignment 
of user identification and password to protect the system from 
unauthorized access. User identification and passwords are validated 
through a Public Key Infrastructure (PKI) and utilize a Common Access 
Card (CAC). The system employs a Secure Socket Layer (SSL) certificate 
and 128 bit encryption to provide further protection from unauthorized 
access to personal data. During non-duty hours, physical security will 
be provided by the military police Pentagon Force Protection Agency 
Police, or contract guard patrols to ensure protection against 
unauthorized access.

RETENTION AND DISPOSAL:
SEXUAL ASSAULT DATA MANAGEMENT SYSTEM (SADMS) MASTER FILE:
    Disposition: Keep in current file area until no longer needed for 
conducting business, then retire to Records Holding Area/Army 
Electronic Archives (RHA/AEA). The RHA/AEA will destroy the record when 
the record is 60 years old. Unrestricted reports will be maintained for 
40 years, unless there is no authoritative source data other than the 
data provided by advocacy (Sexual Assault Response Coordinator/Victim 
Advocate). Sexual Harassment/Assault Response and Prevention (SHARP) 
program Standard Reports:
    Disposition: Keep in current file area until the data has been 
archived, then until no longer needed for conducting business, and then 
retire to Records Holding Area/Army Electronic Archives (RHA/AEA). The 
RHA/AEA will destroy the record in 5 years.

SEXUAL HARASSMENT RECORDS:
    Disposition pending until the National Archives and Records 
Administration has approved retention and disposition of these records, 
treat as permanent.

SYSTEM MANAGER(S) AND ADDRESS:
    Chief, Human Relations Policy Directorate, Deputy Chief of Staff, 
Army G-1, ATTN: DAPE-HR, 300 Army Pentagon, Washington, DC 20310-0300.

NOTIFICATION PROCEDURE:
    Individuals seeking to determine whether information about 
themselves is contained in these systems should address written 
inquiries to Deputy Chief of Staff, Army G-1, ATTN: DAPE-HR, 300 Army 
Pentagon, Washington, DC 20310-0300.
    For verification purposes, individual should provide their full 
name, Social Security Number (SSN), current address and telephone 
number and other personal identifying data that would assist in 
locating the records.
    In addition, the requester must provide a notarized statement or an 
unsworn declaration made in accordance with 28 U.S.C. 1746, in the 
following format:
    If executed outside the United States: ``I declare (or certify, 
verify, or state) under penalty of perjury under the laws of the United 
States of America that the foregoing is true and correct. Executed on 
(date). (Signature)''.
    If executed within the United States, its territories, possessions, 
or commonwealths: ``I declare (or certify, verify, or state) under 
penalty of perjury that the foregoing is true and correct. Executed on 
(date). (Signature)''.

RECORDS ACCESS PROCEDURE:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the Deputy 
Chief of Staff, Army G-1, ATTN: DAPE-HR-HF, 300 Army Pentagon, 
Washington, DC 20310-0300.
    For verification purposes, individual should provide their full 
name, Social Security Number (SSN), current address and telephone 
number and other personal identifying data that would assist in 
locating the records.
    In addition, the requester must provide a notarized statement or an 
unsworn declaration made in accordance with 28 U.S.C. 1746, in the 
following format:
    If executed outside the United States: ``I declare (or certify, 
verify, or state) under penalty of perjury under the laws of the United 
States of America that the foregoing is true and correct. Executed on 
(date). (Signature)''.
    If executed within the United States, its territories, possessions, 
or commonwealths: ``I declare (or certify, verify, or state) under 
penalty of perjury that the foregoing is true and correct. Executed on 
(date). (Signature)''.

CONTESTING RECORDS 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:
    Army Criminal Investigation Intelligence System (ACI2); Central 
Operations Police Suite (COPS); Sexual Assault Response Program 
Tracking Application (SARPTA); Sexual Harassment/Assault Response and 
Prevention (SHARP); Army Court Martial Information System (ACMIS); 
Defense Eligibility and Enrollment Reporting System (DEERS); Defense 
Manpower Data Center (DMDC); Total Army Personnel Data Base (TAPDB); 
Defense Integrated Military Human

[[Page 13103]]

Resources System (DIMHRS); Army Human Resources Data Repository; Army 
Civilian Personnel Records System (ACPERS); Defense Civilian Personnel 
Data System (DCPDS); Contractor Verification System (CVS); Synchronized 
Personnel Operational Tracker (SPOT); Civilian Tracking System 
(CIVTRACKS); Deployed Theater Accountability System (DTAS) (unclass 
only); Interim Reporting Solution workbook; Department of Justice 
(DOJ); the Army Force Management Support Web-based Army Authorization 
Document System (FMSWeb, previously WebTAADS); and the Equal 
Opportunity Reporting System (EORS). HQDA, G-1, SHARP Program Office 
will coordinate the extent and scope of official Army systems data that 
will be incorporated into the Sexual Harassment/Assault Response and 
Prevention program.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    This system of records is a compilation of information from other 
Department of Defense/Army systems of records. To the extent that 
copies of exempt records from those other systems of records are 
entered into this system of records, the Army G-1 hereby claims the 
same exemptions for the records from those other systems that are 
entered into this system, as claimed for the original primary system of 
which they are a part.
    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. 2010-5961 Filed 3-17-10; 8:45 am]
BILLING CODE 5001-06-P