OPM/Central-9

Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Notices
the Principal Deputy Assistant
Secretary for Planning and
Evaluation. Effective April 22, 2010.
DHGS60258 Deputy Director, Office of
External Affairs to the Director.
Effective April 29, 2010.
Department of Education
DBGS00320 Confidential Assistant to
the Executive Director of the White
House Initiative on Asian Americans
and Pacific Islanders. Effective April
1, 2010.
DBGS00225 Confidential Assistant to
the Press Secretary for Strategic
Communications. Effective April 8,
2010.
DBGS00687 Senior Counsel to the
Assistant Secretary for Civil Rights.
Effective April 9, 2010.
DBGS00254 Deputy Director of the
White House Initiative on Asian
Americans and Pacific Islanders.
Effective April 23, 2010.
DBGS00291 Special Assistant to the
Director, Educational Technology.
Effective April 30, 2010.
Securities and Exchange Commission
SEOT01090 Chief Operating Officer to
the Chairman. Effective April 26,
2010.
SEOT60001 Confidential Assistant to
the Chairman. Effective April 26,
2010.

wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1

Department of Energy
DEGS00805 Special Assistant to the
Director, Office of Scheduling and
Advance. Effective April 9, 2010.
DEGS00806 Special Assistant to the
Director, Office of Scheduling and
Advance. Effective April 13, 2010.
DEGS00807 Special Assistant to the
Under Secretary for Nuclear Security/
Administrator. Effective April 19,
2010.
DEGS00808 Senior Advisor and
Director of New Media to the Director,
Office of Public Affairs. Effective
April 19, 2010.
DEGS00809 Congressional Affairs
Specialist to the Director, Office of
Congressional Affairs. Effective April
29, 2010.
Small Business Administration
SBGS00705 Policy Associate to the
Deputy Assistant Administrator for
Policy and Strategic Planning.
Effective April 22, 2010.
SBGS00640 Regional Administrator
(Region II) to the Associate
Administrator for Field Operations.
Effective April 30, 2010.
Export-Import Bank
EBGS10002 Counselor and Executive
Secretary to the President and
Chairman. Effective April 1, 2010.

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EBGS10003 Speechwriter to the Senior
Vice President, Communications.
Effective April 20, 2010.
Department of Transportation
DTGS60277 Associate Administrator
for Communications and Legislative
Affairs. Effective April 1, 2010.
DTGS60358 Special Assistant to the
Director of Scheduling and Advance.
Effective April 5, 2010.
DTGS60129 Counselor to the General
Counsel. Effective April 8, 2010.
Authority: 5 U.S.C. 3301 and 3302; E.O.
10577, 3 CFR 1954–1958 Comp., p. 218.

U.S. Office of Personnel Management.
John Berry,
Director.
[FR Doc. 2010–12135 Filed 5–19–10; 8:45 am]
BILLING CODE 6325–39–P

OFFICE OF PERSONNEL
MANAGEMENT
National Council on Federal LaborManagement Relations Meeting
AGENCY: Office of Personnel
Management.
ACTION: Notice of meeting.
SUMMARY: The National Council on
Federal Labor-Management Relations is
cancelling its June 2, 2010 meeting and
rescheduling that meeting for June 7,
2010. The meeting will start at 10 a.m.
and will be held in Room 1416, U.S.
Office of Personnel Management, 1900 E
Street, NW., Washington, DC. The dates
for all Council meetings for the
remainder of 2010 were announced in
the April 30, 2010, Federal Register (75
FR 22871). Interested parties should
consult the Council Web site at http://
www.lmrcouncil.gov for the latest
information on Council activities,
including changes in meeting dates.
The Council is an advisory body
composed of representatives of Federal
employee organizations, Federal
management organizations, and senior
government officials. The Council was
established by Executive Order 13522,
entitled, ‘‘Creating Labor-Management
Forums to Improve Delivery of
Government Services,’’ which was
signed by the President on December 9,
2009. Along with its other
responsibilities, the Council assists in
the implementation of Labor
Management Forums throughout the
Government and makes
recommendations to the President on
innovative ways to improve delivery of
services and products to the public
while cutting costs and advancing
employee interests. The Council is co-

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chaired by the Director of the Office of
Personnel Management and the Deputy
Director for Management of the Office of
Management and Budget.
At its meetings, the Council will
continue its work in promoting
cooperative and productive
relationships between labor and
management in the executive branch, by
carrying out the responsibilities and
functions listed in Section 1(b) of the
Executive Order. The meetings are open
to the public. Please contact the Office
of Personnel Management at the address
shown below if you wish to present
material to the Council at the meeting.
The manner and time prescribed for
presentations may be limited,
depending upon the number of parties
that express interest in presenting
information.
FOR FURTHER INFORMATION CONTACT:
Thomas Wachter, Acting Deputy
Associate Director for Partnership and
Labor Relations, Office of Personnel
Management, 1900 E Street, NW., Room
7H28–E, Washington, DC 20415. Phone
(202) 606–2930; Fax (202) 606–2613; or
e-mail at [email protected].

For the National Council.
John Berry,
Director.
[FR Doc. 2010–12171 Filed 5–19–10; 8:45 am]
BILLING CODE 6325–39–P

OFFICE OF PERSONNEL
MANAGEMENT
Privacy Act of 1974: Update and
Amend System of Records
AGENCY: U.S. Office of Personnel
Management (OPM).
ACTION: Update and amend system of
records.
SUMMARY: OPM proposes to update and
amend OPM/Central-9, Personnel
Investigations Records contained in its
inventory of record systems subject to
the Privacy Act of 1974 (5 U.S.C. 552a),
as amended. This action is necessary to
meet the requirements of the Privacy
Act to publish in the Federal Register
notice of the existence and character of
records maintained by the agency (5
U.S.C. 552a(e)(4)).
DATES: These changes will become
effective without further notice June 29,
2010, unless we receive comments that
result in a contrary determination.
ADDRESSES: Send written comments to
the Chief for the Freedom of Information
and Privacy Act office, Federal
Investigative Services, U.S. Office of
Personnel Management, 1137 Branchton

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Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Notices

Road, PO Box 618, Boyers, Pennsylvania
16018.
FOR FURTHER INFORMATION CONTACT:
Chief, Freedom of Information and
Privacy Act office,
[email protected].
The Office
of Personnel Management’s (OPM)
system of record notices subject to the
Privacy Act of 1974 (5 U.S.C. 552a), as
amended, have been published in the
Federal Register.
The specific changes to the record
system being amended are set forth
below. The proposed amendment is
within the purview of subsection (r) of
the Privacy Act of 1974 (5 U.S.C. 552a),
as amended, which requires the
submission of new or altered systems
reports.

SUPPLEMENTARY INFORMATION:

SYSTEM NAME:

Personnel Investigations Records.

wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1

SYSTEM LOCATION:

Delete current paragraph a and
replace with:
‘‘a. Federal Investigative Services
(FIS), U.S. Office of Personnel
Management, PO Box 618, 1137
Branchton Road, Boyers, PA 16018–
0618.’’
Add a new paragraph:
‘‘b. Records may be maintained in
various FIS field offices, including the
Personnel Investigations Center, 601
10th Street, Fort Meade, MD, for limited
periods of time. These records would
include investigative and administrative
records, including files and duplicate
records or records which extract
information from the main files. This is
necessary to assist field offices in their
day to day operations. Investigative
activities conducted by field offices are
reported to FIS headquarters at one or
more stages of the background
investigation process. Upon completion
of activities to include fieldwork,
quality review, and/or adjudicative
action, documents are returned to FIS
headquarters or destroyed in accordance
with the published retention schedule.’’
Delete the current paragraph b and
replace with:
‘‘c. Decentralized segments: Copies of
these records may exist temporarily in
agencies on current employees, former
employees, or on contractor employees.
These copies may be located in the
personnel security office or other
designated offices responsible for
making suitability, fitness, security
clearance, access, HSPD 12
credentialing decisions, or hiring
determinations on an individual.
(‘‘Agency’’ as used throughout this
system is deemed to include Legislative

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and Judicial branch establishments as
well as those in the Executive Branch).’’
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Current paragraphs a and c have been
merged. Replace current paragraph a
with:
‘‘a. Civilian and military applicants
and employees or government
contractors, experts, instructors, and
consultants to Federal programs who
undergo a personnel background
investigation for the purpose of
determining suitability for government
employment, contractor employee
fitness, eligibility for access to classified
information, credentialing for HSPD 12,
and/or access to a federal facility or
information technology system.’’
Due to the deletion of the current
paragraph c, current paragraphs d, e,
and f have been re-lettered respectively
to c, d, and e.
Add a new paragraph:
‘‘f. State, Local, Tribal and Private
Sector partners identified by Federal
sponsors for eligibility to access
classified information in support of
Homeland Defense initiatives.’’
CATEGORIES OF RECORDS IN THE SYSTEM:

Delete entry and replace with
‘‘a. Applicable records containing the
following information about the
individual investigated may be
maintained: Name, former names, and
aliases; date and place of birth; social
security number; height; weight; hair
and eye color; gender; mother’s maiden
name; current and former home
addresses, phone numbers, and e-mail
addresses; employment history; military
record information; selective service
registration record; residential history;
education and degrees earned; names of
associates and references with their
contact information; citizenship;
passport information; criminal history;
civil court actions; prior security
clearance and investigative information;
mental health history; records related to
drug and/or alcohol use; financial
record information; information from
the Internal Revenue Service pertaining
to income tax returns; credit reports; the
name, date and place of birth, social
security number, and citizenship
information for spouse or cohabitant;
the name and marriage information for
current and former spouse(s); the
citizenship, name, date and place of
birth, and address for relatives;
information on foreign contacts and
activities; association records;
information on loyalty to the United
States; and other agency reports
furnished to OPM in connection with
the background investigation process,

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and other information developed from
above.
b. Summaries of personal and third
party interviews conducted during the
course of the background investigation.
c. Correspondence relating to
adjudication matters and results of
suitability decisions in cases
adjudicated by the OPM, FIS in
accordance with 5 CFR 731.
d. Records of personnel background
investigations conducted by other
Federal agencies.
e. Records of adjudicative and HSPD
12 decisions by other Federal agencies,
including clearance determinations and/
or polygraph results.
Note: This system does not include agency
records of a personnel investigative nature
that do not come to OPM.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Delete entry and replace with:
‘‘Depending on the purpose of the
investigation, Executive Orders 9397, as
amended by 13478, 10450, 10577,
10865, 12968, and 13470; Section 2,
Civil Service Act of 1883; Public Laws
82–298 and 92–261; Title 5, U.S.C.,
sections 1303, 1304, 3301, 7301, and
9101; Title 22, U.S.C., section 2519;
Title 42 U.S.C. sections 1874 (b)(3),
2165, 2201, and 2455; Title 50 U.S.C.
section 435b(e); Title 5 CFR sections
731, 732 and 736; Homeland Security
Presidential Directive 12 (HSPD 12) and
OMB Circular No. A–130. In addition to
the authorities cited, there are various
acts of Congress that contain implied
authority for OPM to investigate, such
as laws prohibiting the purchase and
sale of office, holding of two offices,
conspiracy and other prohibited
practices.’’
PURPOSE(S):

Current paragraphs a and b have been
merged. Replace current paragraphs a
and b with: ‘‘The records in this system
may be used to provide investigatory
information for determinations
concerning whether an individual is
suitable or fit for Government
employment; eligible for logical and
physical access to federally controlled
facilities and information systems;
eligible to hold sensitive positions
(including but not limited to eligibility
for access to classified information); fit
to perform work for or on behalf of the
Government as a contractor employee;
qualified for Government service;
qualified to perform contractual services
for the Government; and loyal to the
United States. The system is also used
to document such determinations.’’
Delete current paragraph c.

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Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Notices
Remove paragraph lettering for
current paragraphs d and e. All current
language remains unchanged.
Add a paragraph: ‘‘The records may be
used to help streamline and make more
efficient the investigations and
adjudications processes generally.’’
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:

Add: ‘‘In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a
portion of the records of information
contained in this system may be
disclosed outside OPM as a routine use
pursuant to 5 U.S.C. 552a(b)(3).’’ to the
beginning of this section.
Add: ‘‘k. For agencies that use
adjudicative support services of another
agency, at the request of the original
agency, the results will be furnished to
the agency providing the adjudicative
support.
l. To provide criminal history record
information to the FBI, to help ensure
the accuracy and completeness of FBI
and OPM records.’’ to the end of this
section.
POLICIES AND PRACTICE FOR STORING,
RETRIEVING, ACCESSING, RETAINING AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:

Delete entry and replace with:
‘‘Records are maintained in paper format
in file folders, on microfilm, as digital
images, on computer tapes, and in
electronic databases such as the
Personnel Investigations Processing
System, the Clearance Verification
System, and the e-QIP system.’’
RETRIEVABILITY:

Delete entry and replace with:
‘‘Records are retrieved by the name,
Social Security Number, unique case
serial number and/or other unique
identifier of the individual on whom
they are maintained.’’

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SAFEGUARDS:

Delete entry and replace with: ‘‘Paper
files are stored in a locked filing cabinet
or a secure facility with an intrusion
alarm system. Microfilm is secured in a
facility with an intrusion system.
Electronic records are maintained in
computer databases in a limited access
room with a keyless cipher lock. All
employees are required to have an
appropriate background investigation
before they are allowed access to the
records. The U.S. Postal Service and
other postal providers are used to
transmit hard copy records sent to and
from field offices. Information that is
transmitted electronically from field
offices is encrypted.’’

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RETENTION AND DISPOSAL:

Replace ‘‘* * * 15 years, plus the
current year from the date of the most
recent investigative activity, except for
investigations involving potentially
actionable issue(s) which will be
maintained for 25 years plus the current
year from the date of the most recent
investigative activity.’’ with ‘‘* * * 16
years from the date of closing or the date
of the most recent investigative activity,
whichever is later, except for
investigations involving potentially
actionable issue(s) which will be
maintained for 25 years from the date of
closing or the date of the most recent
investigative activity.’’
Add a paragraph: ‘‘Digital capture of
fingerprint card set is forwarded to the
Federal Bureau of Investigation and the
card is destroyed when it is verified that
the digital copy was accurately captured
and transferred.’’
Remove paragraph lettering for
current paragraphs a and b. All current
language remains unchanged.
SYSTEM MANAGER(S) AND ADDRESS:

Delete entry and replace with:
‘‘Associate Director, Federal
Investigative Services, U.S. Office of
Personnel Management, PO Box 618,
1137 Branchton Road, Boyers, PA
16018.’’
NOTIFICATION PROCEDURE:

Delete entry and replace with:
‘‘Individuals wishing to learn whether
this system contains information about
them should contact the FOI/PA, Office
of Personnel Management, Federal
Investigative Services, PO Box 618, 1137
Branchton Road, Boyers, PA 16018–
0618, in writing. Written requests must
contain the following information:
a. Full name, former name, and any
other names used.
b. Date and place of birth.
c. Social Security Number.
d. Any available information
regarding the type of record involved.
e. The address to which the record
information should be sent.
f. You must sign your request.
Attorneys or other persons acting on
behalf of an individual must provide
written authorization from that
individual for the representative to act
on their behalf. The written
authorization must also include an
original notarized statement or an
unsworn declaration in accordance with
28 U.S.C. 1746, in the following format:
I declare (or certify, verify, or state)
under penalty of perjury that the
foregoing is true and correct. Executed
on (date). (Signature).
Individuals requesting access must
also comply with OPM’s Privacy Act

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28309

regulations regarding verification of
identity and access to records (5 CFR
part 297).’’
RECORD ACCESS PROCEDURE:

Delete entry and replace with:
‘‘Specific materials in this system have
been exempted from Privacy Act
provisions at 5 U.S.C. 552a(c)(3) and (d),
regarding accounting of disclosures, and
access to and amendment of records.
The section of this notice titled Systems
Exempted from Certain Provisions of the
Act indicates the kinds of material
exempted and the reasons for exempting
them from access.
Individuals wishing to request access
to their records should contact the OPM
Federal Investigative Services in
writing. Requests should be directed
only to the Federal Investigative
Services whether the record sought is in
the primary system or in an agency’s
decentralized segment. Individuals must
furnish the following information for
their records to be located and
identified:
a. Full name, former name, and any
other names used.
b. Date and place of birth.
c. Social Security Number.
d. Any available information
regarding the type of record involved.
e. The address to which the record
information should be sent.
f. You must sign your request.
Attorneys or other persons acting on
behalf of an individual must provide
written authorization from that
individual for the representative to act
on their behalf. The written
authorization must also include an
original notarized statement or an
unsworn declaration in accordance with
28 U.S.C. 1746, in the following format:
I declare (or certify, verify, or state)
under penalty of perjury that the
foregoing is true and correct. Executed
on (date). (Signature).
Individuals requesting access must
also comply with OPM’s Privacy Act
regulations regarding verification of
identity and access to records (5 CFR
part 297).’’
AMENDMENT PROCEDURES:

Delete entry and replace with:
‘‘Individuals wishing to request
amendment to their non-exempt records
should contact the Federal
Investigations Processing Center in
writing. Requests should be directed
only to the OPM Federal Investigative
Services, whether the record sought is
in the primary system or in agency’s
decentralized segment. Individuals must
furnish the following information for
their records to be located and
identified:

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Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Notices

a. Full name, former name, and any
other names used.
b. Date and place of birth.
c. Social Security Number.
d. Any available information
regarding the type of record involved.
e. The address to which the record
information should be sent.
f. You must sign your request.
Attorneys or other persons acting on
behalf of an individual must provide
written authorization from that
individual for the representative to act
on their behalf. The written
authorization must also include an
original notarized statement or an
unsworn declaration in accordance with
28 U.S.C. 1746, in the following format:
I declare (or certify, verify, or state)
under penalty of perjury that the
foregoing is true and correct. Executed
on (date). (Signature).
Individuals requesting amendment
must also comply with OPM’s Privacy
Act regulations regarding verification of
identity and amendment of records (5
CFR part 297).
Note: Where an agency retains the
decentralized copy of the investigative report
provided by OPM, requests for access to or
amendment of such reports will be forwarded
to the OPM Federal Investigative Services for
processing.’’
RECORD SOURCE CATEGORIES:

wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1

Replace paragraph a with:
‘‘a. Electronic and paper applications,
personnel and security forms or other
information completed or supplied by
the individual, and the results of
personal contacts with the individual.’’
Paragraphs b and c were merged.
Replace current paragraphs b and c
with:
‘‘b. Investigative and other record
material furnished by Federal agencies,
including notices of personnel actions.’’
Add a paragraph:
‘‘c. By personal investigation, written
inquiry, or computer linkage from
sources such as employers, educational
institutions, references, neighbors,
associates, police departments, courts,
credit bureaus, medical records,
probation officials, prison officials,
newspapers, magazines, periodicals,
and other publications.’’
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS
OF THE ACT:

Delete paragraphs a, b, c, d, e, f, and
g and replace with:
‘‘1. Properly classified information
subject to the provisions of section
552(b)(1), which states as follows: (A)
Specifically authorized under criteria
established by an Executive order to be
kept secret in the interest of national
defense or foreign policy and (B) are in

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fact properly classified pursuant to such
Executive order.
2. Investigatory material compiled for
law enforcement purposes, other than
material within the scope of subsection
(j)(2) of this section: Provided, however,
that if any individual is denied any
right, privilege, or benefit that he would
otherwise be entitled by Federal law, or
for which he would otherwise be
eligible, as a result of the maintenance
of such material, such material shall be
provided to such individual, except to
the extent that the disclosure of such
material would reveal the identity of a
source who furnished information to the
Government under an express promise
that the identity of the source would be
held in confidence, or, prior to the
effective date of this section, under an
implied promise that the identity of the
source would be held in confidence.
3. Information maintained in
connection with providing protective
services to the President of the United
States or other individuals pursuant to
section 3056 of title 18 of the U.S. Code.
4. Material that is required by statute
to be maintained and used solely as a
statistical record.
5. Investigatory material compiled
solely for the purpose of determining
suitability, eligibility or qualifications
for Federal civilian employment and
Federal contact or access to classified
information. Materials may be exempted
to the extent that release of the material
to the individual whom the information
is about would reveal the identity of a
source who furnished information to the
Government under an express promise
that the identity of the source would be
held in confidence or, prior to
September 27, 1975, furnished
information to the Government under an
implied promise that the identity of the
source would be held in confidence.
6. Testing and examination materials,
compiled during the course of a
personnel investigation, that are used
solely to determine individual
qualifications for appointment or
promotion in the Federal service, when
disclosure of the material would
compromise the objectivity or fairness
of the testing or examination process.
7. Evaluation materials, compiled
during the course of a personnel
investigation, that are used solely to
determine potential for promotion in the
armed services can be exempted to the
extent that the disclosure of the data
would reveal the identity of a source
who furnished information to the
Government under an express promise
that the identity of the source would be
held in confidence or, prior to
September 27, 1975, under an implied

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promise that the identity of the source
would be held in confidence.’’
Office of Personnel Management.
John Berry,
Director.
[FR Doc. 2010–12132 Filed 5–19–10; 8:45 am]
BILLING CODE 6325–38–P

SMALL BUSINESS ADMINISTRATION
[Disaster Declaration # 12172]

Florida Disaster # FL–00056
Declaration of Economic Injury
AGENCY: U.S. Small Business
Administration.
ACTION: Notice.
SUMMARY: This is a notice of an
Economic Injury Disaster Loan (EIDL)
declaration for the State of Florida,
dated 05/13/2010.
Incident: Deepwater BP Oil Spill.
Incident Period: 04/20/2010 and
continuing.

Effective Date: 05/13/2010.
EIDL Loan Application Deadline Date:
02/14/2011.
ADDRESSES: Submit completed loan
applications to: U.S. Small Business
Administration, Processing and
Disbursement Center, 14925 Kingsport
Road, Fort Worth, TX 76155.
FOR FURTHER INFORMATION CONTACT: A.
Escobar, Office of Disaster Assistance,
U.S. Small Business Administration,
409 3rd Street, SW., Suite 6050,
Washington, DC 20416.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that as a result of the
Administrator’s EIDL declaration,
applications for economic injury
disaster loans may be filed at the
address listed above or other locally
announced locations.
The following areas have been
determined to be adversely affected by
the disaster:
Primary Counties: Bay, Citrus, Dixie,
Escambia, Franklin, Gulf,
Hernando, Hillsborough, Jefferson,
Levy, Manatee, Okaloosa, Pasco,
Pinellas, Santa Rosa, Sarasota,
Taylor, Walton.
Contiguous Counties:
Florida: Alachua, Calhoun, Charlotte,
Desoto, Gilchrist, Hardee, Holmes,
Jackson, Lafayette, Leon, Liberty,
Madison, Marion, Polk, Sumter,
Wakulla, Washington.
Alabama: Baldwin, Covington,
Escambia, Geneva.
Georgia: Brooks, Thomas.
The Interest Rates are:
DATES:

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