Implementation of Privacy Act of 1974, 8879-8882 [07-886]
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8879
Rules and Regulations
Federal Register
Vol. 72, No. 39
Wednesday, February 28, 2007
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
The rule is exempt from the
requirements of the Paperwork
Reduction Act.
List of Subjects in 10 CFR Part 1304
10 CFR Part 1304
Implementation of Privacy Act of 1974
U.S. Nuclear Waste Technical
Review Board.
ACTION: Final rule.
AGENCY:
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SUMMARY: This document institutes the
U.S. Nuclear Waste Technical Review
Board’s (Board) final rule implementing
a set of procedural regulations under the
Privacy Act of 1974, Public Law 93–579,
5 U.S.C. 552a. These regulations have
been written to conform to the statutory
provisions of the Act. They are intended
to expedite the processing of Privacy
Act requests received by the Board and
to ensure the proper dissemination of
information to the public.
DATES: Effective February 28, 2007.
FOR FURTHER INFORMATION CONTACT:
Victoria Reich, 703–235–4473
SUPPLEMENTARY INFORMATION: The
proposed rule was published in the
November 22, 2006 Federal Register for
a public comment period to end on
January 22, 2007. Copies of the
proposed rule also were posted on the
Board’s Web site and on the Federal
Rulemaking Portal. This rule sets forth
the procedures to be used by members
of the public when requesting records
from the Board under the Privacy Act of
1974. It also establishes time frames for
responses from the Board, a fee
schedule for copying records, and
charges for obtaining information, when
applicable. No comments were received
on the proposed rule.
Executive order 12866
The proposed regulation does not
meet the criteria for a significant
regulatory action under Executive order
12866. Therefore, review by the Office
of Management and Budget is not
required.
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The proposed rule adds Privacy Act
regulations to 10 CFR part 1304 and will
not have a significant economic impact
on a substantial number of small
entities.
Paperwork Reduction Act
NUCLEAR WASTE TECHNICAL
REVIEW BOARD
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Regulatory Flexibility Act
Administrative practice and
procedure, Privacy, Reporting and
recordkeeping requirements.
I Therefore, the Board adds part 1304 to
Chapter XIII, Title 10 of the Code of
Federal Regulations to read as follows:
PART 1304—PRIVACY ACT OF 1974
Sec.
1304.101 Purpose and scope.
1304.102 Definitions.
1304.103 Privacy Act inquiries.
1304.104 Privacy Act records maintained
by the Board.
1304.105 Requests for access to records.
1304.106 Processing of requests.
1304.107 Fees.
1304.108 Appealing denials of access.
1304.109 Requests for correction of records.
1304.110 Disclosure of records to third
parties.
1304.111 Maintaining records of
disclosures.
1304.112 Notification of systems of Privacy
Act records.
1304.113 Privacy Act training.
1304.114 Responsibility for maintaining
adequate safeguards.
1304.115 Systems of records covered by
exemptions.
1304.116 Mailing lists.
Authority: 5 U.S.C. 552a(f).
Source: 56 FR 47144, Sept. 18, 1991,
unless otherwise noted.
§ 1304.101
Purpose and Scope.
This part sets forth the policies and
procedures of the U.S. Nuclear Waste
Technical Review Board (Board)
regarding access to systems of records
maintained by the Board under the
Privacy Act of 1974, Public Law 93–579,
5 U.S.C. 552a. The provisions in the Act
shall take precedence over any part of
the Board’s regulations in conflict with
the Act. These regulations establish
procedures by which an individual may
exercise the rights granted by the
Privacy Act to determine whether a
Board system contains a record
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pertaining to him or her; to gain access
to such records; and to request
correction or amendment of such
records. These regulations also set
identification requirements and
prescribe fees to be charged for copying
records.
§ 1304.102
Definitions.
The terms used in these regulations
are defined in the Privacy Act of 1974,
5 U.S.C. 552a. In addition, as used in
this part:
(a) Agency means any executive
department, military department,
government corporation, or other
establishment in this executive branch
of the Federal Government, including
the Executive Office of the President or
any independent regulatory agency;
(b) Individual means any citizen of
the United States or an alien lawfully
admitted for permanent residence;
(c) Maintain means to collect, use,
store, or disseminate records as well as
any combination of these recordkeeping
functions. The term also includes
exercise of control over, and therefore
responsibility and accountability for,
systems of records;
(d) Record means any item, collection,
or grouping of information about an
individual that is maintained by the
Board and contains the individual’s
name or other identifying information,
such as a number or symbol assigned to
the individual or his or her fingerprint,
voice print, or photograph. The term
includes, but is not limited to,
information regarding an individual’s
education, financial transactions,
medical history, and criminal or
employment history;
(e) System of records means a group
of records under the control of the
Board from which information is
retrievable by use of the name of the
individual or by some number, symbol,
or other identifying particular assigned
to the individual;
(f) Routine use means, with respect to
the disclosure of a record, the use of a
record for a purpose that is compatible
with the purpose for which it was
collected;
(g) Designated Privacy Act Officer
means the person named by the board
to administer the Board’s activities in
regard to the regulations in this part.
The Privacy Act Officer also shall be the
following:
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(1) The Board officer having custody
of, or responsibility for, agency records
in the possession of the Board.
(2) The Board officer having
responsibility for authorizing or denying
production of records from requests
filed under the Privacy Act.
(h) Executive Director means the chief
operating officer of the Board;
(i) Member means an individual
appointed to serve on the Board by the
President of the United States;
(j) Days means standard working days,
excluding weekends and federal
holidays; and
(k) Act refers to the Privacy Act of
1974.
§ 1304.103
Privacy Act inquiries.
(a) Requests regarding the contents of
record systems. Any person wanting to
know whether the Board’s systems of
records contains a record pertaining to
him or her may file a request in person
or in writing, via the internet, or by
telephone.
(b) Requests in persons may be
submitted at the Board’s headquarters
located at 2300 Clarendon Blvd., Suite
1300; Arlington, VA. Requests should be
marked ‘‘Privacy Act Request’’ on each
page of the request and on the front of
the envelope and directed to the Privacy
Act Officer.
(c) Requests in writing may be sent to:
Privacy Act Officer, U.S. Nuclear Waste
Technical Review Board, 2300
Clarendon Blvd., Suite 1300, Arlington,
VA 22201. ‘‘Privacy Act Request’’
should be written on the envelope and
each page of the request.
(d) Requests via the internet may be
made on the Board’s Web site at
www.nwtrb.gov, using the ‘‘Contact
NWTRB’’ icon on the bottom of the
Home page. The words ‘‘Privacy Act’’
should appear on the subject line.
(e) Telephone requests may be made
by calling the Board’s Privacy Act
Officer at 703–235–4473.
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§ 1304.104 Privacy Act records maintained
by the Board.
(a) The Board shall maintain only
such information about an individual as
is relevant and necessary to accomplish
a purpose of the agency required by
statute or by Executive Order of the
President. In addition, the Board shall
maintain all records that are used in
making determinations about any
individual with such accuracy,
relevance, timeliness, and completeness
as is reasonably necessary to ensure
fairness to that individual in the making
of any determination about him or her.
However, the Board shall not be
required to update retired records.
(b) The Board shall not maintain any
record about any individual with
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respect to or describing how such
individual exercises rights guaranteed
by the First Amendment of the
Constitution of the United States, unless
expressly authorized by statute or by the
subject individual, or unless pertinent
to and within the scope of an authorized
law enforcement activity.
§ 1304.105
records.
Requests for access to
(a) All requests for records should
include the following information:
(1) Full name, address, and telephone
number of requester.
(2) The system of records containing
the desired information.
(3) Any other information that the
requester believes would help locate the
record.
(b) Requests in writing. A person may
request access to his or her own records
in writing by addressing a letter to:
Privacy Act Officer; U.S. Nuclear Waste
Technical Review Board; 2300
Clarendon Blvd., Suite 1300; Arlington,
VA 22201.
(c) Requests via the internet. Internet
requests should be transmitted through
the Board’s Web site at www.nwtrb.gov,
using the ‘‘Contact NWTRB’’ icon on the
bottom of the main page. The words
‘‘Privacy Act’’ should appear on the
subject line.
(d) Requests in person. Any person
may examine and request copies of his
or her own records on the Board’s
premises. The requester should contact
the Board’s offices at least one week
before the desired appointment date.
This request may be made to the Privacy
Act Officer in writing, via the Internet,
or by calling 703–235–4473.
(e) Before viewing the records, proof
of identification, must be provided. The
identification should be a valid copy of
one of the following:
A government ID,
A driver’s license,
A passport, or
Other current identification that
contains both an address and a picture
of the requester.
§ 1304.106
Processing of requests.
Upon receipt of a request for
information, the Privacy Act Officer will
ascertain:
Whether the records identified by the
requester exist, and
Whether they are subject to any
exemption under § 1304.115. If the
records exist and are not subject to
exemption, the Privacy Officer will
provide the information.
(a) Requests in writing, including
those sent by e-mail, via the Web site,
or by Fax. Within five working days of
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receiving the requests the Privacy Act
Officer will acknowledge its receipt and
will advise the requester of any
additional information that may be
needed. Within 15 working days of
receiving the request, the Privacy Act
Officer will send the requested
information or will explain to the
requester why additional time is needed
for a response.
(b) Requests in person or by
telephone. Within 15 days of the initial
request, the Privacy Act Officer will
contact the requestor and arrange an
appointment at a mutually agreeable
time when the records can be examined.
The requester may be accompanied by
one person. The requestor should
inform the Privacy Act Officer that a
second individual will be present and
must sign a statement authorizing
disclosure of the records to that person.
The statement will be kept with the
requester’s records. At the appointment,
the requester will be asked to present
identification as stated in § 1304.105.
(c) Excluded information. If a request
is received for information compiled in
reasonable anticipation of litigation, the
Privacy Officer will inform the requester
that the information is not subject to
release under the Privacy Act (see 5
U.S.C. 552a(d)(5)).
§ 1304.107
Fees.
A fee will not be charged for
searching, reviewing, or making
corrections to records.
A fee for copying will be assessed at
the same rate established for Freedom of
Information Act requests. Duplication
fees for paper copies of a record will be
10 cents per page for black and white
and 20 cents per page for color. For all
other forms of duplication, the Board
will charge the direct costs of producing
the copy. However, the first 100 pages
of black-and-white copying or its
equivalent will be free of charge.
§ 1304.108
Appealing denials of access.
If access to records is denied by the
Privacy Act Officer, the requester may
file an appeal in writing. The appeal
should be directed to Executive
Director; U.S. Technical Review Board;
2300 Clarendon Blvd., Suite 1300;
Arlington, VA 22201. The appeal letter
must:
Specify the denied records that are
still sought; and
State why denial by the Privacy Act
Officer is erroneous.
The Executive Director or his or her
designee will respond to such appeals
within 20 working days of the receipt of
the appeal letter in the Board offices.
The appeal determination will explain
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the basis of the decision to deny or grant
the appeal.
§ 1304.109
records.
Requests for correction of
(a) Correction requests. Any person is
entitled to request correction of his or
her record(s) covered under the Act. The
request must be made in writing and
should be addressed to Privacy Act
Officer; U.S. Nuclear Waste Technical
Review Board; 2300 Clarendon Blvd.,
Suite 1300; Arlington, VA 22201. The
letter should clearly identify the
corrections desired. In most
circumstances, an edited copy of the
record will be acceptable for this
purpose.
(b) Initial response. Receipt of a
correction request will be acknowledged
by the Privacy Act Officer in writing
within 5 working days. The Privacy Act
Officer will endeavor to provide a letter
to the requester within 20 working days
stating whether the request for
correction has been granted or denied.
If the Privacy Act Officer denies any
part of the correction request, the
reasons for the denial will be provided
to the requester.
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§ 1304.110
parties.
Disclosure of records to third
(a) The Board will not disclose any
record that is contained in a system of
records to any person or agency, except
with a written request by or with the
prior written consent of the individual
whose record is requested, unless
disclosure of the record is:
(1) Required by an employee or agent
of the Board in the performance of his/
her official duties.
(2) Required under the provisions of
the Freedom of Information Act (5
U.S.C. 552). Records required to be
made available by the Freedom of
Information Act will be released in
response to a request in accordance with
the Board’s regulations published at 10
CFR part 1303.
(3) For a routine use as published in
the annual notice in the Federal
Register.
(4) To the Census Bureau for planning
or carrying out a census, survey, or
related activities pursuant to the
provisions of Title 13 of the United
States Code.
(5) To a recipient who has provided
the Board with adequate advance
written assurance that the record will be
used solely as a statistical research or
reporting record and that the record is
to be transferred in a form that is not
individually identifiable.
(6) To the National Archives and
Records Administration as a record that
has sufficient historical or other value to
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warrant its continued preservation by
the United States government, or for
evaluation by the Archivist of the
United States, or his or her designee, to
determine whether the record has such
value.
(7) To another agency or to an
instrumentality of any governmental
jurisdiction within or under the control
of the United States for a civil or
criminal law enforcement activity, if the
activity is authorized by law, and if the
head of the agency or instrumentality
has made a written request to the Board
for such records specifying the
particular part desired and the law
enforcement activity for which the
record is sought. The Board also may
disclose such a record to a law
enforcement agency on its own
initiative in situations in which
criminal conduct is suspected, provided
that such disclosure has been
established as a routine use, or in
situations in which the misconduct is
directly related to the purpose for which
the record is maintained.
(8) To a person pursuant to a showing
of compelling circumstances affecting
the health or safety of an individual if,
upon such disclosure, notification is
transmitted to the last known address of
such individual.
(9) To either House of Congress, or, to
the extent of matters within its
jurisdiction, any committee or
subcommittee thereof, any joint
committee of Congress, or subcommittee
of any such joint committee.
(10) To the Comptroller General, or
any of his or her authorized
representatives, in the course of the
performance of official duties of the
Government Accountability Office.
(11) Pursuant to an order of a court of
competent jurisdiction. In the event that
any record is disclosed under such
compulsory legal process, the Board
shall make reasonable efforts to notify
the subject individual after the process
becomes a matter of public record.
(12) To a consumer reporting agency
in accordance with 31 U.S.C. 3711(e).
(b) Before disseminating any record
about any individual to any person
other than a Board employee, the Board
shall make reasonable efforts to ensure
that the records are, or at the time they
were collected were, accurate, complete,
timely, and relevant. This paragraph (b)
does not apply to disseminations made
pursuant to the provisions of the
Freedom of Information Act ( 5 U.S.C.
552) and paragraph (a)(2) of this section.
§ 1304.111 Maintaining records of
disclosures.
(a) The Board shall maintain a log
containing the date, nature, and purpose
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8881
of each disclosure of a record to any
person or agency. Such accounting also
shall contain the name and address of
the person or agency to whom or to
which each disclosure was made. This
log will not include disclosures made to
Board employees or agents in the course
of their official duties or pursuant to the
provisions of the Freedom of
Information Act (5 U.S.C. 552).
(b) The Board shall retain the
accounting of each disclosure for at least
five years after the accounting is made
or for the life of the record that was
disclosed, whichever is longer.
(c) The Board shall make the
accounting of disclosures of a record
pertaining to an individual available to
that individual at his or her request.
Such a request should be made in
accordance with the procedures set
forth in § 1304.105. This paragraph (c)
does not apply to disclosures made for
law enforcement purposes under 5
U.S.C. 552a(b)(7) and § 1304.110(a)(7).
§ 1304.112 Notification of systems of
Privacy Act records.
(a) Public notice. On November 22,
1996, the Board published a notice of its
systems of records in the Federal
Register (Vol. 61, Number 227, pages
59472–69473). It is updating and
republishing the notice in this issue of
the Federal Register. The Board
periodically reviews its systems of
records and will publish information
about any significant additions or
changes to those systems. Information
about systems of records maintained by
other agencies that are in the temporary
custody of the Board will not be
published. In addition, the Office of the
Federal Register biennially compiles
and publishes all systems of records
maintained by all federal agencies,
including the Board.
(b) At least 30 days before publishing
additions or changes to the Board’s
systems of records, the Board will
publish a notice of intent to amend,
providing the public with an
opportunity to comment on the
proposed amendments to its systems of
records.
§ 1304.113
Privacy Act training.
(a) The Board shall ensure that all
persons involved in the design,
development, operation, or maintenance
of any Board systems are informed of all
requirements necessary to protect the
privacy of individuals. The Board shall
ensure that all employees having access
to records receive adequate training in
their protection and that records have
adequate and proper storage with
sufficient security to ensure their
privacy.
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(b) All employees shall be informed of
the civil remedies provided under 5
U.S.C. 552a(g)(1) and other implications
of the Privacy Act and of the fact that
the Board may be subject to civil
remedies for failure to comply with the
provisions of the Privacy Act and the
regulations in this part.
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§ 1304.114 Responsibility for maintaining
adequate safeguards.
The Board has the responsibility for
maintaining adequate technical,
physical, and security safeguards to
prevent unauthorized disclosure or
destruction of manual and automatic
record systems. These security
safeguards shall apply to all systems in
which identified personal data are
processed or maintained, including all
reports and output from such systems
that contain identifiable personal
information. Such safeguards must be
sufficient to prevent negligent,
accidental, or unintentional disclosure,
modification, or destruction of any
personal records or data; must
minimize; to the extent practicable, the
risk that skilled technicians or
knowledgeable persons could
improperly obtain access to modify or
destroy such records or data; and shall
further ensure against such casual entry
by unskilled persons without official
reasons for access to such records or
data.
(a) Manual systems. (1) Records
contained in a system of records as
defined in this part may be used, held,
or stored only where facilities are
adequate to prevent unauthorized access
by persons within or outside the Board.
(2) Access to and use of a system of
records shall be permitted only to
persons whose duties require such
access to the information for routine
uses or for such other uses as may be
provided in this part.
(3) Other than for access by
employees or agents of the Board, access
to records within a system of records
shall be permitted only to the individual
to whom the record pertains or upon his
or her written request.
(4) The Board shall ensure that all
persons whose duties require access to
and use of records contained in a system
of records are adequately trained to
protect the security and privacy of such
records.
(5) The disposal and destruction of
identifiable personal data records shall
be done by shredding and in accordance
with rules promulgated by the Archivist
of the United States.
(b) Automated systems. (1)
Identifiable personal information may
be processed, stored, or maintained by
automated data systems only where
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facilities or conditions are adequate to
prevent unauthorized access to such
systems in any form.
(2) Access to and use of identifiable
personal data associated with automated
data systems shall be limited to those
persons whose duties require such
access. Proper control of personal data
in any form associated with automated
data systems shall be maintained at all
times, including maintenance of
accountability records showing
disposition of input and output
documents.
(3) All persons whose duties require
access to processing and maintenance of
identifiable personal data and
automated systems shall be adequately
trained in the security and privacy of
personal data.
(4) The disposal and disposition of
identifiable personal data and
automated systems shall be done by
shredding, burning, or, in the case of
electronic records, by degaussing or by
overwriting with the appropriate
security software, in accordance with
regulations of the Archivist of the
United States or other appropriate
authority.
SUMMARY: These special conditions are
issued for the Dassault Aviation Model
Falcon 7X airplane. This airplane will
have novel or unusual design features
when compared to the state of
technology envisioned in the
airworthiness standards for transport
category airplanes. These design
features include interaction of systems
and structures, limit pilot forces, and
electrical and electronic flight control
systems. The applicable airworthiness
regulations do not contain adequate or
appropriate safety standards for these
design features. These special
conditions contain the additional safety
standards that the Administrator
considers necessary to establish a level
of safety equivalent to that established
by the existing airworthiness standards.
EFFECTIVE DATE: March 30, 2007.
FOR FURTHER INFORMATION CONTACT:
Thomas Rodriguez, FAA, International
Branch, ANM–116, Transport Airplane
Directorate, Aircraft Certification
Service, 1601 Lind Avenue SW.,
Renton, Washington, 98057–3356;
telephone (425) 227–1137; facsimile
(425) 227–1149.
SUPPLEMENTARY INFORMATION:
§ 1304.115 Systems of records covered by
exemptions.
Background
The Board currently has no exempt
systems of records.
On June 4, 2002, Dassault Aviation, 9
´
rond Point des Champs Elysees, 75008,
Paris, France, applied for a type
certificate for its new Model Falcon 7X
airplane. The Model Falcon 7X is a 19
passenger transport category airplane,
powered by three aft mounted Pratt &
Whitney PW307A high bypass ratio
turbofan engines. The airplane is
operated using a fly-by-wire (FBW)
primary flight control system. This will
be the first application of a FBW
primary flight control system in an
airplane primarily intended for private/
corporate use.
The Dassault Aviation Model Falcon
7X design incorporates equipment that
was not envisioned when part 25 was
created. This equipment affects the
interaction of systems and structures,
limit pilot forces, and high intensity
radiated fields (HIRF) protection.
Therefore, special conditions are
required to provide the level of safety
equivalent to that established by the
regulations.
§ 1304.116
Mailing lists.
The Board shall not sell or rent an
individual’s name and/or address unless
such action is specifically authorized by
law. This section shall not be construed
to require the withholding of names and
addresses otherwise permitted to be
made public.
Dated: February 23, 2007.
William D. Barnard,
Executive Director, U.S. Nuclear Waste
Technical Review Board.
[FR Doc. 07–886 Filed 2–27–07; 8:45 am]
BILLING CODE 6820–AM–M
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. NM355; Notice No. 25–346–SC]
Special Conditions: Dassault Aviation
Model Falcon 7X Airplane; Interaction
of Systems and Structures, Limit Pilot
Forces, and High Intensity Radiated
Fields (HIRF) Protection
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions.
AGENCY:
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Type Certification Basis
Under the provisions of 14 CFR 21.17,
Dassault Aviation must show that the
Model Falcon 7X airplane meets the
applicable provisions of part 25, as
amended by Amendments 25–1 through
25–108.
If the Administrator finds that the
applicable airworthiness regulations
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]]>Agencies
[Federal Register Volume 72, Number 39 (Wednesday, February 28, 2007)]
[Rules and Regulations]
[Pages 8879-8882]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-886]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 72, No. 39 / Wednesday, February 28, 2007 /
Rules and Regulations
[[Page 8879]]
NUCLEAR WASTE TECHNICAL REVIEW BOARD
10 CFR Part 1304
Implementation of Privacy Act of 1974
AGENCY: U.S. Nuclear Waste Technical Review Board.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document institutes the U.S. Nuclear Waste Technical
Review Board's (Board) final rule implementing a set of procedural
regulations under the Privacy Act of 1974, Public Law 93-579, 5 U.S.C.
552a. These regulations have been written to conform to the statutory
provisions of the Act. They are intended to expedite the processing of
Privacy Act requests received by the Board and to ensure the proper
dissemination of information to the public.
DATES: Effective February 28, 2007.
FOR FURTHER INFORMATION CONTACT: Victoria Reich, 703-235-4473
SUPPLEMENTARY INFORMATION: The proposed rule was published in the
November 22, 2006 Federal Register for a public comment period to end
on January 22, 2007. Copies of the proposed rule also were posted on
the Board's Web site and on the Federal Rulemaking Portal. This rule
sets forth the procedures to be used by members of the public when
requesting records from the Board under the Privacy Act of 1974. It
also establishes time frames for responses from the Board, a fee
schedule for copying records, and charges for obtaining information,
when applicable. No comments were received on the proposed rule.
Executive order 12866
The proposed regulation does not meet the criteria for a
significant regulatory action under Executive order 12866. Therefore,
review by the Office of Management and Budget is not required.
Regulatory Flexibility Act
The proposed rule adds Privacy Act regulations to 10 CFR part 1304
and will not have a significant economic impact on a substantial number
of small entities.
Paperwork Reduction Act
The rule is exempt from the requirements of the Paperwork Reduction
Act.
List of Subjects in 10 CFR Part 1304
Administrative practice and procedure, Privacy, Reporting and
recordkeeping requirements.
0
Therefore, the Board adds part 1304 to Chapter XIII, Title 10 of the
Code of Federal Regulations to read as follows:
PART 1304--PRIVACY ACT OF 1974
Sec.
1304.101 Purpose and scope.
1304.102 Definitions.
1304.103 Privacy Act inquiries.
1304.104 Privacy Act records maintained by the Board.
1304.105 Requests for access to records.
1304.106 Processing of requests.
1304.107 Fees.
1304.108 Appealing denials of access.
1304.109 Requests for correction of records.
1304.110 Disclosure of records to third parties.
1304.111 Maintaining records of disclosures.
1304.112 Notification of systems of Privacy Act records.
1304.113 Privacy Act training.
1304.114 Responsibility for maintaining adequate safeguards.
1304.115 Systems of records covered by exemptions.
1304.116 Mailing lists.
Authority: 5 U.S.C. 552a(f).
Source: 56 FR 47144, Sept. 18, 1991, unless otherwise noted.
Sec. 1304.101 Purpose and Scope.
This part sets forth the policies and procedures of the U.S.
Nuclear Waste Technical Review Board (Board) regarding access to
systems of records maintained by the Board under the Privacy Act of
1974, Public Law 93-579, 5 U.S.C. 552a. The provisions in the Act shall
take precedence over any part of the Board's regulations in conflict
with the Act. These regulations establish procedures by which an
individual may exercise the rights granted by the Privacy Act to
determine whether a Board system contains a record pertaining to him or
her; to gain access to such records; and to request correction or
amendment of such records. These regulations also set identification
requirements and prescribe fees to be charged for copying records.
Sec. 1304.102 Definitions.
The terms used in these regulations are defined in the Privacy Act
of 1974, 5 U.S.C. 552a. In addition, as used in this part:
(a) Agency means any executive department, military department,
government corporation, or other establishment in this executive branch
of the Federal Government, including the Executive Office of the
President or any independent regulatory agency;
(b) Individual means any citizen of the United States or an alien
lawfully admitted for permanent residence;
(c) Maintain means to collect, use, store, or disseminate records
as well as any combination of these recordkeeping functions. The term
also includes exercise of control over, and therefore responsibility
and accountability for, systems of records;
(d) Record means any item, collection, or grouping of information
about an individual that is maintained by the Board and contains the
individual's name or other identifying information, such as a number or
symbol assigned to the individual or his or her fingerprint, voice
print, or photograph. The term includes, but is not limited to,
information regarding an individual's education, financial
transactions, medical history, and criminal or employment history;
(e) System of records means a group of records under the control of
the Board from which information is retrievable by use of the name of
the individual or by some number, symbol, or other identifying
particular assigned to the individual;
(f) Routine use means, with respect to the disclosure of a record,
the use of a record for a purpose that is compatible with the purpose
for which it was collected;
(g) Designated Privacy Act Officer means the person named by the
board to administer the Board's activities in regard to the regulations
in this part. The Privacy Act Officer also shall be the following:
[[Page 8880]]
(1) The Board officer having custody of, or responsibility for,
agency records in the possession of the Board.
(2) The Board officer having responsibility for authorizing or
denying production of records from requests filed under the Privacy
Act.
(h) Executive Director means the chief operating officer of the
Board;
(i) Member means an individual appointed to serve on the Board by
the President of the United States;
(j) Days means standard working days, excluding weekends and
federal holidays; and
(k) Act refers to the Privacy Act of 1974.
Sec. 1304.103 Privacy Act inquiries.
(a) Requests regarding the contents of record systems. Any person
wanting to know whether the Board's systems of records contains a
record pertaining to him or her may file a request in person or in
writing, via the internet, or by telephone.
(b) Requests in persons may be submitted at the Board's
headquarters located at 2300 Clarendon Blvd., Suite 1300; Arlington,
VA. Requests should be marked ``Privacy Act Request'' on each page of
the request and on the front of the envelope and directed to the
Privacy Act Officer.
(c) Requests in writing may be sent to: Privacy Act Officer, U.S.
Nuclear Waste Technical Review Board, 2300 Clarendon Blvd., Suite 1300,
Arlington, VA 22201. ``Privacy Act Request'' should be written on the
envelope and each page of the request.
(d) Requests via the internet may be made on the Board's Web site
at www.nwtrb.gov, using the ``Contact NWTRB'' icon on the bottom of the
Home page. The words ``Privacy Act'' should appear on the subject line.
(e) Telephone requests may be made by calling the Board's Privacy
Act Officer at 703-235-4473.
Sec. 1304.104 Privacy Act records maintained by the Board.
(a) The Board shall maintain only such information about an
individual as is relevant and necessary to accomplish a purpose of the
agency required by statute or by Executive Order of the President. In
addition, the Board shall maintain all records that are used in making
determinations about any individual with such accuracy, relevance,
timeliness, and completeness as is reasonably necessary to ensure
fairness to that individual in the making of any determination about
him or her. However, the Board shall not be required to update retired
records.
(b) The Board shall not maintain any record about any individual
with respect to or describing how such individual exercises rights
guaranteed by the First Amendment of the Constitution of the United
States, unless expressly authorized by statute or by the subject
individual, or unless pertinent to and within the scope of an
authorized law enforcement activity.
Sec. 1304.105 Requests for access to records.
(a) All requests for records should include the following
information:
(1) Full name, address, and telephone number of requester.
(2) The system of records containing the desired information.
(3) Any other information that the requester believes would help
locate the record.
(b) Requests in writing. A person may request access to his or her
own records in writing by addressing a letter to: Privacy Act Officer;
U.S. Nuclear Waste Technical Review Board; 2300 Clarendon Blvd., Suite
1300; Arlington, VA 22201.
(c) Requests via the internet. Internet requests should be
transmitted through the Board's Web site at www.nwtrb.gov, using the
``Contact NWTRB'' icon on the bottom of the main page. The words
``Privacy Act'' should appear on the subject line.
(d) Requests in person. Any person may examine and request copies
of his or her own records on the Board's premises. The requester should
contact the Board's offices at least one week before the desired
appointment date. This request may be made to the Privacy Act Officer
in writing, via the Internet, or by calling 703-235-4473.
(e) Before viewing the records, proof of identification, must be
provided. The identification should be a valid copy of one of the
following:
A government ID,
A driver's license,
A passport, or
Other current identification that contains both an address and a
picture of the requester.
Sec. 1304.106 Processing of requests.
Upon receipt of a request for information, the Privacy Act Officer
will ascertain:
Whether the records identified by the requester exist, and
Whether they are subject to any exemption under Sec. 1304.115. If
the records exist and are not subject to exemption, the Privacy Officer
will provide the information.
(a) Requests in writing, including those sent by e-mail, via the
Web site, or by Fax. Within five working days of receiving the requests
the Privacy Act Officer will acknowledge its receipt and will advise
the requester of any additional information that may be needed. Within
15 working days of receiving the request, the Privacy Act Officer will
send the requested information or will explain to the requester why
additional time is needed for a response.
(b) Requests in person or by telephone. Within 15 days of the
initial request, the Privacy Act Officer will contact the requestor and
arrange an appointment at a mutually agreeable time when the records
can be examined. The requester may be accompanied by one person. The
requestor should inform the Privacy Act Officer that a second
individual will be present and must sign a statement authorizing
disclosure of the records to that person. The statement will be kept
with the requester's records. At the appointment, the requester will be
asked to present identification as stated in Sec. 1304.105.
(c) Excluded information. If a request is received for information
compiled in reasonable anticipation of litigation, the Privacy Officer
will inform the requester that the information is not subject to
release under the Privacy Act (see 5 U.S.C. 552a(d)(5)).
Sec. 1304.107 Fees.
A fee will not be charged for searching, reviewing, or making
corrections to records.
A fee for copying will be assessed at the same rate established for
Freedom of Information Act requests. Duplication fees for paper copies
of a record will be 10 cents per page for black and white and 20 cents
per page for color. For all other forms of duplication, the Board will
charge the direct costs of producing the copy. However, the first 100
pages of black-and-white copying or its equivalent will be free of
charge.
Sec. 1304.108 Appealing denials of access.
If access to records is denied by the Privacy Act Officer, the
requester may file an appeal in writing. The appeal should be directed
to Executive Director; U.S. Technical Review Board; 2300 Clarendon
Blvd., Suite 1300; Arlington, VA 22201. The appeal letter must:
Specify the denied records that are still sought; and
State why denial by the Privacy Act Officer is erroneous.
The Executive Director or his or her designee will respond to such
appeals within 20 working days of the receipt of the appeal letter in
the Board offices. The appeal determination will explain
[[Page 8881]]
the basis of the decision to deny or grant the appeal.
Sec. 1304.109 Requests for correction of records.
(a) Correction requests. Any person is entitled to request
correction of his or her record(s) covered under the Act. The request
must be made in writing and should be addressed to Privacy Act Officer;
U.S. Nuclear Waste Technical Review Board; 2300 Clarendon Blvd., Suite
1300; Arlington, VA 22201. The letter should clearly identify the
corrections desired. In most circumstances, an edited copy of the
record will be acceptable for this purpose.
(b) Initial response. Receipt of a correction request will be
acknowledged by the Privacy Act Officer in writing within 5 working
days. The Privacy Act Officer will endeavor to provide a letter to the
requester within 20 working days stating whether the request for
correction has been granted or denied. If the Privacy Act Officer
denies any part of the correction request, the reasons for the denial
will be provided to the requester.
Sec. 1304.110 Disclosure of records to third parties.
(a) The Board will not disclose any record that is contained in a
system of records to any person or agency, except with a written
request by or with the prior written consent of the individual whose
record is requested, unless disclosure of the record is:
(1) Required by an employee or agent of the Board in the
performance of his/her official duties.
(2) Required under the provisions of the Freedom of Information Act
(5 U.S.C. 552). Records required to be made available by the Freedom of
Information Act will be released in response to a request in accordance
with the Board's regulations published at 10 CFR part 1303.
(3) For a routine use as published in the annual notice in the
Federal Register.
(4) To the Census Bureau for planning or carrying out a census,
survey, or related activities pursuant to the provisions of Title 13 of
the United States Code.
(5) To a recipient who has provided the Board with adequate advance
written assurance that the record will be used solely as a statistical
research or reporting record and that the record is to be transferred
in a form that is not individually identifiable.
(6) To the National Archives and Records Administration as a record
that has sufficient historical or other value to warrant its continued
preservation by the United States government, or for evaluation by the
Archivist of the United States, or his or her designee, to determine
whether the record has such value.
(7) To another agency or to an instrumentality of any governmental
jurisdiction within or under the control of the United States for a
civil or criminal law enforcement activity, if the activity is
authorized by law, and if the head of the agency or instrumentality has
made a written request to the Board for such records specifying the
particular part desired and the law enforcement activity for which the
record is sought. The Board also may disclose such a record to a law
enforcement agency on its own initiative in situations in which
criminal conduct is suspected, provided that such disclosure has been
established as a routine use, or in situations in which the misconduct
is directly related to the purpose for which the record is maintained.
(8) To a person pursuant to a showing of compelling circumstances
affecting the health or safety of an individual if, upon such
disclosure, notification is transmitted to the last known address of
such individual.
(9) To either House of Congress, or, to the extent of matters
within its jurisdiction, any committee or subcommittee thereof, any
joint committee of Congress, or subcommittee of any such joint
committee.
(10) To the Comptroller General, or any of his or her authorized
representatives, in the course of the performance of official duties of
the Government Accountability Office.
(11) Pursuant to an order of a court of competent jurisdiction. In
the event that any record is disclosed under such compulsory legal
process, the Board shall make reasonable efforts to notify the subject
individual after the process becomes a matter of public record.
(12) To a consumer reporting agency in accordance with 31 U.S.C.
3711(e).
(b) Before disseminating any record about any individual to any
person other than a Board employee, the Board shall make reasonable
efforts to ensure that the records are, or at the time they were
collected were, accurate, complete, timely, and relevant. This
paragraph (b) does not apply to disseminations made pursuant to the
provisions of the Freedom of Information Act ( 5 U.S.C. 552) and
paragraph (a)(2) of this section.
Sec. 1304.111 Maintaining records of disclosures.
(a) The Board shall maintain a log containing the date, nature, and
purpose of each disclosure of a record to any person or agency. Such
accounting also shall contain the name and address of the person or
agency to whom or to which each disclosure was made. This log will not
include disclosures made to Board employees or agents in the course of
their official duties or pursuant to the provisions of the Freedom of
Information Act (5 U.S.C. 552).
(b) The Board shall retain the accounting of each disclosure for at
least five years after the accounting is made or for the life of the
record that was disclosed, whichever is longer.
(c) The Board shall make the accounting of disclosures of a record
pertaining to an individual available to that individual at his or her
request. Such a request should be made in accordance with the
procedures set forth in Sec. 1304.105. This paragraph (c) does not
apply to disclosures made for law enforcement purposes under 5 U.S.C.
552a(b)(7) and Sec. 1304.110(a)(7).
Sec. 1304.112 Notification of systems of Privacy Act records.
(a) Public notice. On November 22, 1996, the Board published a
notice of its systems of records in the Federal Register (Vol. 61,
Number 227, pages 59472-69473). It is updating and republishing the
notice in this issue of the Federal Register. The Board periodically
reviews its systems of records and will publish information about any
significant additions or changes to those systems. Information about
systems of records maintained by other agencies that are in the
temporary custody of the Board will not be published. In addition, the
Office of the Federal Register biennially compiles and publishes all
systems of records maintained by all federal agencies, including the
Board.
(b) At least 30 days before publishing additions or changes to the
Board's systems of records, the Board will publish a notice of intent
to amend, providing the public with an opportunity to comment on the
proposed amendments to its systems of records.
Sec. 1304.113 Privacy Act training.
(a) The Board shall ensure that all persons involved in the design,
development, operation, or maintenance of any Board systems are
informed of all requirements necessary to protect the privacy of
individuals. The Board shall ensure that all employees having access to
records receive adequate training in their protection and that records
have adequate and proper storage with sufficient security to ensure
their privacy.
[[Page 8882]]
(b) All employees shall be informed of the civil remedies provided
under 5 U.S.C. 552a(g)(1) and other implications of the Privacy Act and
of the fact that the Board may be subject to civil remedies for failure
to comply with the provisions of the Privacy Act and the regulations in
this part.
Sec. 1304.114 Responsibility for maintaining adequate safeguards.
The Board has the responsibility for maintaining adequate
technical, physical, and security safeguards to prevent unauthorized
disclosure or destruction of manual and automatic record systems. These
security safeguards shall apply to all systems in which identified
personal data are processed or maintained, including all reports and
output from such systems that contain identifiable personal
information. Such safeguards must be sufficient to prevent negligent,
accidental, or unintentional disclosure, modification, or destruction
of any personal records or data; must minimize; to the extent
practicable, the risk that skilled technicians or knowledgeable persons
could improperly obtain access to modify or destroy such records or
data; and shall further ensure against such casual entry by unskilled
persons without official reasons for access to such records or data.
(a) Manual systems. (1) Records contained in a system of records as
defined in this part may be used, held, or stored only where facilities
are adequate to prevent unauthorized access by persons within or
outside the Board.
(2) Access to and use of a system of records shall be permitted
only to persons whose duties require such access to the information for
routine uses or for such other uses as may be provided in this part.
(3) Other than for access by employees or agents of the Board,
access to records within a system of records shall be permitted only to
the individual to whom the record pertains or upon his or her written
request.
(4) The Board shall ensure that all persons whose duties require
access to and use of records contained in a system of records are
adequately trained to protect the security and privacy of such records.
(5) The disposal and destruction of identifiable personal data
records shall be done by shredding and in accordance with rules
promulgated by the Archivist of the United States.
(b) Automated systems. (1) Identifiable personal information may be
processed, stored, or maintained by automated data systems only where
facilities or conditions are adequate to prevent unauthorized access to
such systems in any form.
(2) Access to and use of identifiable personal data associated with
automated data systems shall be limited to those persons whose duties
require such access. Proper control of personal data in any form
associated with automated data systems shall be maintained at all
times, including maintenance of accountability records showing
disposition of input and output documents.
(3) All persons whose duties require access to processing and
maintenance of identifiable personal data and automated systems shall
be adequately trained in the security and privacy of personal data.
(4) The disposal and disposition of identifiable personal data and
automated systems shall be done by shredding, burning, or, in the case
of electronic records, by degaussing or by overwriting with the
appropriate security software, in accordance with regulations of the
Archivist of the United States or other appropriate authority.
Sec. 1304.115 Systems of records covered by exemptions.
The Board currently has no exempt systems of records.
Sec. 1304.116 Mailing lists.
The Board shall not sell or rent an individual's name and/or
address unless such action is specifically authorized by law. This
section shall not be construed to require the withholding of names and
addresses otherwise permitted to be made public.
Dated: February 23, 2007.
William D. Barnard,
Executive Director, U.S. Nuclear Waste Technical Review Board.
[FR Doc. 07-886 Filed 2-27-07; 8:45 am]
BILLING CODE 6820-AM-M
