Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security Accident Records, 71563-71564 [E8-28061]
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71563
Proposed Rules
Federal Register
Vol. 73, No. 228
Tuesday, November 25, 2008
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS–2008–0096]
Privacy Act of 1974: Implementation of
Exemptions; Department of Homeland
Security Accident Records
Privacy Office, DHS.
Notice of Proposed Rule
Making.
AGENCY:
erowe on PROD1PC64 with PROPOSALS-1
ACTION:
SUMMARY: The Department of Homeland
Security is giving concurrent notice of a
revised and updated system of records
pursuant to the Privacy Act of 1974 for
the Department of Homeland Security
Accident Records system of records and
this proposed rulemaking. In this
proposed rulemaking, the Department
proposes to exempt portions of the
system of records from one or more
provisions of the Privacy Act in
connection with providing protective
services to the President of the United
States and other individuals Section
3056 and 3056A of Title 18.
DATES: Comments must be received on
or before December 26, 2008.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2008–0096, by one of the following
methods:
• Federal e-Rulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 1–866–466–5370.
• Mail: Hugo Teufel III, Chief Privacy
Officer, Department of Homeland
Security, Washington DC 20528.
Instructions: All submissions received
must include the agency name and
docket number for this notice. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov.
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For
general questions and privacy issues,
please contact: Hugo Teufel III (703–
235–0780), Chief Privacy Officer,
Privacy Office, U.S. Department of
Homeland Security, Washington, DC
20528.
SUPPLEMENTARY INFORMATION:
Background: Pursuant to the savings
clause in the Homeland Security Act of
2002, Public Law 107–296, Section
1512, 116 Stat. 2310 (November 25,
2002), the Department of Homeland
Security (DHS) and its components and
offices have relied on preexisting
Privacy Act systems of records notices
for the collection and maintenance of
records that concern accident records.
As part of its efforts to streamline and
consolidate its Privacy Act record
systems, DHS is establishing a new
agency-wide system of records under
the Privacy Act (5 U.S.C. 552a) for DHS
accident records. This will ensure that
all components of DHS follow the same
privacy rules for collecting and
handling accident records. DHS will use
this system to collect and maintain
accident records submitted by DHS
personnel and others. In this notice of
proposed rulemaking, DHS now is
proposing to exempt Accident Records,
in part, from certain provisions of the
Privacy Act.
The Privacy Act embodies fair
information principles in a statutory
framework governing the means by
which the United States Government
collects, maintains, uses, and
disseminates personally identifiable
information. The Privacy Act applies to
information that is maintained in a
‘‘system of records.’’ A ‘‘system of
records’’ is a group of any records under
the control of an agency from which
information is retrieved by the name of
the individual or by some identifying
number, symbol, or other identifying
particular assigned to the individual.
Individuals may request their own
records that are maintained in a system
of records in the possession or under the
control of DHS by complying with DHS
Privacy Act regulations, 6 CFR part 5.
The Privacy Act requires each agency
to publish in the Federal Register a
description of the type and character of
each system of records that the agency
maintains, and the routine uses that are
contained in each system in order to
make agency recordkeeping practices
transparent, to notify individuals
FOR FURTHER INFORMATION CONTACT:
PO 00000
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regarding the uses to which personally
identifiable information is put, and to
assist individuals in finding such files
within the agency.
The Privacy Act allows Government
agencies to exempt certain records from
the access and amendment provisions. If
an agency claims an exemption,
however, it must issue a Notice of
Proposed Rulemaking to make clear to
the public the reasons why a particular
exemption is claimed.
DHS is claiming exemptions from
certain requirements of the Privacy Act
for Accident Records. Some information
in Accident Records relates to the
protective services to the President of
the United States or other individuals
pursuant to Section 3056 and 3056A of
Title 18. These exemptions are needed
to protect information relating to DHS
activities from disclosure to subjects or
others related to these activities.
Specifically, the exemptions are
required to safeguard records in
connection with providing protective
services to the President of the United
States or other individuals pursuant to
Section 3056 and 3056A of Title 18.
In appropriate circumstances, where
compliance would not appear to
interfere with or adversely affect the law
enforcement purposes of this system
and the overall law enforcement
process, the applicable exemptions may
be waived on a case by case basis.
A notice of system of records for
Accident Records is also published in
this issue of the Federal Register.
List of Subjects in 6 CFR Part 5
Freedom of information; Privacy.
For the reasons stated in the
preamble, DHS proposes to amend
Chapter I of Title 6, Code of Federal
Regulations, as follows:
PART 5—DISCLOSURE OF RECORDS
AND INFORMATION
1. The authority citation for Part 5
continues to read as follows:
Authority: 6 U.S.C. 101 et seq.; Public Law
107–296, 116 Stat. 2135; 5 U.S.C. 301.
Subpart A also issued under 5 U.S.C. 552.
Subpart B also issued under 5 U.S.C. 552a.
2. Add at the end of Appendix C to
Part 5, the following new paragraph 14:
Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
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71564
Federal Register / Vol. 73, No. 228 / Tuesday, November 25, 2008 / Proposed Rules
14. The Department of Homeland Security
Accident Records system of records consists
of electronic and paper records and will be
used by DHS and its components. Accident
Records is a repository of information held
by DHS in connection with its several and
varied missions and functions, including, but
not limited to: the enforcement of civil and
criminal laws; investigations, inquiries, and
proceedings there under; national security
and intelligence activities; and protection of
the President of the United States or other
individuals pursuant to Section 3056 and
3056A of Title 18. Accident Records contains
information that is collected by, on behalf of,
in support of, or in cooperation with DHS
and its components and may contain
personally identifiable information collected
by other Federal, State, local, tribal, foreign,
or international government agencies.
Pursuant to 5 U.S.C. 552a(k)(3) this system is
exempt from the following provisions of the
Privacy Act, subject to the limitations set
forth in those subsections: 5 U.S.C. 552a (d).
Exemptions from these particular subsections
are justified, on a case-by-case basis to be
determined at the time a request is made, for
the following reasons:
(a) From subsection (d) (Access to Records)
because access to the records contained in
this system of records could inform the
subject of information related to the
protection of a President of the United States
or other individuals pursuant to Section 3056
and 3056A of Title 18. Permitting access and
amendment to such information could
disclose security-sensitive information that
could be detrimental to homeland security.
Dated: November 18, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–28061 Filed 11–24–08; 8:45 am]
BILLING CODE 4410–10–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 50
[Docket No. PRM–50–84; NRC–2007–0013]
Mark Edward Leyse; Consideration of
Petition in Rulemaking Process
Nuclear Regulatory
Commission.
ACTION: Resolution of petition for
rulemaking and closure of petition
docket.
AGENCY:
The Nuclear Regulatory
Commission (NRC) will consider the
issues raised in a petition for
rulemaking (PRM) submitted by Mark
Edward Leyse in the NRC’s rulemaking
process. The petition was dated March
15, 2007, and was docketed as PRM–50–
84. The petitioner requests that the NRC
amend its regulations to require that
nuclear power reactors be operated in a
manner to limit the thickness of crud
erowe on PROD1PC64 with PROPOSALS-1
SUMMARY:
VerDate Aug<31>2005
15:00 Nov 24, 2008
Jkt 217001
layers and/or the thickness of oxide
layers on fuel rod cladding surfaces to
ensure that the facilities operate in
compliance with the emergency core
cooling system (ECCS) acceptance
criteria. The petitioner also requests that
the requirements pertaining to ECCS
evaluation models be amended to
explicitly require that the steady-state
temperature distribution and stored
energy in reactor fuel at the onset of a
postulated loss-of-coolant accident
(LOCA) be calculated by factoring in the
role that the thermal resistance of crud
and/or oxide layers on fuel cladding
plays in increasing the stored energy of
the fuel. Lastly, the petitioner requests
that the acceptance criteria for analyses
of ECCS cooling performance for lightwater nuclear power reactors be
amended to stipulate a maximum
allowable percentage of hydrogen
content in the cladding of fuel rods. The
NRC will consider the petitioner’s first
two requests in PRM–50–84 because the
underlying technical considerations
regarding the effects of crud and oxide
growth on ECCS analyses noted by the
petitioner are sufficiently related to an
ongoing NRC rulemaking activity on
ECCS analysis acceptance criteria. The
NRC will consider the petitioner’s third
request because the NRC has already
initiated rulemaking activities that will
address the petitioner’s underlying
technical concerns on fuel cladding
embrittlement.
While the NRC will consider the
issues raised in the petition in its
rulemaking process, the petitioner’s
concerns may not be addressed exactly
as the petitioner has requested. During
the rulemaking process, the NRC will
solicit comments from the public and
will consider all comments before
issuing a final rule.
DATES: The docket for the petition for
rulemaking PRM–50–84 is closed on
November 25, 2008.
ADDRESSES: You can access publicly
available documents related to this
petition for rulemaking using the
following methods:
Federal e-Rulemaking Portal:
Documents related to the evaluation of
this petition are assigned to rulemaking
docket ID: NRC–2006–0013. Further
NRC action on the issues raised by this
petition will be considered in the
rulemaking to establish Performancebased ECCS Cladding Acceptance
Criteria, (RIN 3150–AH42) which has
been assigned rulemaking docket ID:
NRC–2008–0332. Information on this
petition and the related rulemaking can
be accessed at the Federal rulemaking
portal, https://www.regulations.gov;
search on rulemaking docket ID: NRC–
PO 00000
Frm 00002
Fmt 4702
Sfmt 4702
2007–0013 and NRC–2008–0332. The
NRC also tracks all rulemaking actions
in the ‘‘NRC Regulatory Agenda:
Semiannual Report (NUREG–0936).’’
NRC’s Public Document Room (PDR):
The public may examine and have
copied for a fee, publicly available
documents at the NRC’s PDR, Public
File Area, Room O1–F21, One White
Flint North, 11555 Rockville Pike,
Rockville, Maryland.
NRC’s Agencywide Document Access
and Management System (ADAMS):
Publicly available documents created or
received at the NRC are available
electronically at the NRC’s Electronic
Reading Room at https://www.nrc.gov/
NRC/reading-rm/adams.html. From this
page, the public can gain entry into
ADAMS, which provides text and image
files of NRC’s public documents. If you
do not have access to ADAMS or if there
are any problems in accessing the
documents located in ADAMS, contact
the NRC PDR Reference staff at 1–800–
397–4209, 301–415–4737 or by e-mail to
PDR.resource@nrc.gov.
FOR FURTHER INFORMATION CONTACT:
Richard Dudley, Mail Stop O12–D3,
Office of Nuclear Reactor Regulation,
United States Nuclear Regulatory
Commission, Washington, DC 20555–
0001; telephone (301) 415–1116, or email richard.dudley@nrc.gov.
SUPPLEMENTARY INFORMATION:
The Petition
The NRC received a petition for
rulemaking (ADAMS Accession No.
ML070871368) from Mark Edward
Leyse (the petitioner) dated March 15,
2007, which was docketed as PRM–50–
84. The petitioner requested that all
holders of operating licenses for nuclear
power plants be required to operate
such plants at operating conditions (e.g.,
levels of power production, and lightwater coolant chemistries) necessary to
effectively limit the thickness of crud
and/or oxide layers on fuel rod cladding
surfaces. On May 23, 2007, the NRC
published a notice of receipt for this
petition in the Federal Register (72 FR
28902) and requested public comment.
The public comment period ended on
August 6, 2007.
NRC Evaluation
The NRC review of this petition and
evaluation of public comments are
based upon NRC’s understanding of
several terms used by the petitioner:
1. Crud is any foreign substance
which may become deposited on the
surface of fuel cladding. This layer can
impede the transfer of heat. The NRC
believes that the word ‘‘crud’’ originated
as an acronym for ‘‘Chalk River
E:\FR\FM\25NOP1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 228 (Tuesday, November 25, 2008)]
[Proposed Rules]
[Pages 71563-71564]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-28061]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 73, No. 228 / Tuesday, November 25, 2008 /
Proposed Rules
[[Page 71563]]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2008-0096]
Privacy Act of 1974: Implementation of Exemptions; Department of
Homeland Security Accident Records
AGENCY: Privacy Office, DHS.
ACTION: Notice of Proposed Rule Making.
-----------------------------------------------------------------------
SUMMARY: The Department of Homeland Security is giving concurrent
notice of a revised and updated system of records pursuant to the
Privacy Act of 1974 for the Department of Homeland Security Accident
Records system of records and this proposed rulemaking. In this
proposed rulemaking, the Department proposes to exempt portions of the
system of records from one or more provisions of the Privacy Act in
connection with providing protective services to the President of the
United States and other individuals Section 3056 and 3056A of Title 18.
DATES: Comments must be received on or before December 26, 2008.
ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0096, by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 1-866-466-5370.
Mail: Hugo Teufel III, Chief Privacy Officer, Department
of Homeland Security, Washington DC 20528.
Instructions: All submissions received must include the agency name
and docket number for this notice. All comments received will be posted
without change to https://www.regulations.gov, including any personal
information provided.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions and privacy
issues, please contact: Hugo Teufel III (703-235-0780), Chief Privacy
Officer, Privacy Office, U.S. Department of Homeland Security,
Washington, DC 20528.
SUPPLEMENTARY INFORMATION: Background: Pursuant to the savings clause
in the Homeland Security Act of 2002, Public Law 107-296, Section 1512,
116 Stat. 2310 (November 25, 2002), the Department of Homeland Security
(DHS) and its components and offices have relied on preexisting Privacy
Act systems of records notices for the collection and maintenance of
records that concern accident records.
As part of its efforts to streamline and consolidate its Privacy
Act record systems, DHS is establishing a new agency-wide system of
records under the Privacy Act (5 U.S.C. 552a) for DHS accident records.
This will ensure that all components of DHS follow the same privacy
rules for collecting and handling accident records. DHS will use this
system to collect and maintain accident records submitted by DHS
personnel and others. In this notice of proposed rulemaking, DHS now is
proposing to exempt Accident Records, in part, from certain provisions
of the Privacy Act.
The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States Government
collects, maintains, uses, and disseminates personally identifiable
information. The Privacy Act applies to information that is maintained
in a ``system of records.'' A ``system of records'' is a group of any
records under the control of an agency from which information is
retrieved by the name of the individual or by some identifying number,
symbol, or other identifying particular assigned to the individual.
Individuals may request their own records that are maintained in a
system of records in the possession or under the control of DHS by
complying with DHS Privacy Act regulations, 6 CFR part 5.
The Privacy Act requires each agency to publish in the Federal
Register a description of the type and character of each system of
records that the agency maintains, and the routine uses that are
contained in each system in order to make agency recordkeeping
practices transparent, to notify individuals regarding the uses to
which personally identifiable information is put, and to assist
individuals in finding such files within the agency.
The Privacy Act allows Government agencies to exempt certain
records from the access and amendment provisions. If an agency claims
an exemption, however, it must issue a Notice of Proposed Rulemaking to
make clear to the public the reasons why a particular exemption is
claimed.
DHS is claiming exemptions from certain requirements of the Privacy
Act for Accident Records. Some information in Accident Records relates
to the protective services to the President of the United States or
other individuals pursuant to Section 3056 and 3056A of Title 18. These
exemptions are needed to protect information relating to DHS activities
from disclosure to subjects or others related to these activities.
Specifically, the exemptions are required to safeguard records in
connection with providing protective services to the President of the
United States or other individuals pursuant to Section 3056 and 3056A
of Title 18.
In appropriate circumstances, where compliance would not appear to
interfere with or adversely affect the law enforcement purposes of this
system and the overall law enforcement process, the applicable
exemptions may be waived on a case by case basis.
A notice of system of records for Accident Records is also
published in this issue of the Federal Register.
List of Subjects in 6 CFR Part 5
Freedom of information; Privacy.
For the reasons stated in the preamble, DHS proposes to amend
Chapter I of Title 6, Code of Federal Regulations, as follows:
PART 5--DISCLOSURE OF RECORDS AND INFORMATION
1. The authority citation for Part 5 continues to read as follows:
Authority: 6 U.S.C. 101 et seq.; Public Law 107-296, 116 Stat.
2135; 5 U.S.C. 301. Subpart A also issued under 5 U.S.C. 552.
Subpart B also issued under 5 U.S.C. 552a.
2. Add at the end of Appendix C to Part 5, the following new
paragraph 14:
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
[[Page 71564]]
14. The Department of Homeland Security Accident Records system
of records consists of electronic and paper records and will be used
by DHS and its components. Accident Records is a repository of
information held by DHS in connection with its several and varied
missions and functions, including, but not limited to: the
enforcement of civil and criminal laws; investigations, inquiries,
and proceedings there under; national security and intelligence
activities; and protection of the President of the United States or
other individuals pursuant to Section 3056 and 3056A of Title 18.
Accident Records contains information that is collected by, on
behalf of, in support of, or in cooperation with DHS and its
components and may contain personally identifiable information
collected by other Federal, State, local, tribal, foreign, or
international government agencies. Pursuant to 5 U.S.C. 552a(k)(3)
this system is exempt from the following provisions of the Privacy
Act, subject to the limitations set forth in those subsections: 5
U.S.C. 552a (d). Exemptions from these particular subsections are
justified, on a case-by-case basis to be determined at the time a
request is made, for the following reasons:
(a) From subsection (d) (Access to Records) because access to
the records contained in this system of records could inform the
subject of information related to the protection of a President of
the United States or other individuals pursuant to Section 3056 and
3056A of Title 18. Permitting access and amendment to such
information could disclose security-sensitive information that could
be detrimental to homeland security.
Dated: November 18, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-28061 Filed 11-24-08; 8:45 am]
BILLING CODE 4410-10-P
