Privacy Act, 73466-73471 [2013-28915]
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Airspace reconfiguration to within a 14mile radius of the airport is necessary
due to the decommissioning of the
Morrisville-Stowe NDB, and for
continued safety and management of
IFR operations at the airport. The
geographic coordinates of MorrisvilleStowe State Airport would be adjusted
to coincide with the FAAs aeronautical
database.
Class E airspace designations are
published in Paragraph 6005 of FAA
Order 7400.9X, dated August 7, 2013,
and effective September 15, 2013, which
is incorporated by reference in 14 CFR
71.1. The Class E airspace designation
listed in this document will be
published subsequently in the Order.
The FAA has determined that this
proposed regulation only involves an
established body of technical
regulations for which frequent and
routine amendments are necessary to
keep them operationally current. It,
therefore, (1) is not a ‘‘significant
regulatory action’’ under Executive
Order 12866; (2) is not a ‘‘significant
rule’’ under DOT Regulatory Policies
and Procedures (44 FR 11034; February
26, 1979); and (3) does not warrant
preparation of a Regulatory Evaluation
as the anticipated impact is so minimal.
Since this is a routine matter that will
only affect air traffic procedures and air
navigation, it is certified that this
proposed rule, when promulgated, will
not have a significant economic impact
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
Subtitle I, Section 106 describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
agency’s authority. This proposed
rulemaking is promulgated under the
authority described in Subtitle VII, Part,
A, Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This proposed regulation is
within the scope of that authority as it
would amend Class E airspace at
Morrisville-Stowe State Airport,
Morrisville, VT.
This proposal would be subject to an
environmental analysis in accordance
with FAA Order 1050.1E,
‘‘Environmental Impacts: Policies and
Procedures’’ prior to any FAA final
regulatory action.
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Lists of Subjects in 14 CFR Part 71:
Airspace, Incorporation by reference,
Navigation (air).
The Proposed Amendment
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend 14 CFR part 71 as
follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for Part 71
continues to read as follows:
■
Authority: 49 U.S.C. 106(g); 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of Federal Aviation
Administration Order 7400.9X, Airspace
Designations and Reporting Points,
dated August 7, 2013, effective
September 15, 2013, is amended as
follows:
■
Paragraph 6005. Class E Airspace Areas
Extending Upward From 700 feet or More
Above the Surface of the Earth.
*
*
*
*
*
ANE VT E5 Morrisville, VT [Amended]
Morrisville-Stowe State Airport, VT
(Lat. 44°32′05″ N., long. 72°36′50″ W.)
That airspace extending upward from 700
feet above the surface within a 14-mile radius
of Morrisville-Stowe State Airport.
Issued in College Park, Georgia, on
November 19, 2013.
Kip B. Johns,
Manager, Operations Support Group, Eastern
Service Center, Air Traffic Organization.
[FR Doc. 2013–28670 Filed 12–5–13; 8:45 am]
BILLING CODE 4910–13–P
OVERSEAS PRIVATE INVESTMENT
CORPORATION
22 CFR Part 707
[No. PA–2013]
Privacy Act
Overseas Private Investment
Corporation.
ACTION: Notice of proposed rulemaking.
AGENCY:
This rule proposes revisions
to the Overseas Private Investment
Corporation’s (‘‘OPIC’’) Privacy Act
(‘‘PA’’) regulations by making
substantive and administrative changes.
These revisions are intended to
supersede OPIC’s current PA
SUMMARY:
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regulations, located at this Part. The
proposed rule updates the agency’s
address, makes administrative changes
to reflect OPIC’s cost, and organizes the
regulations to more closely match those
of other agencies for ease of reference.
DATES: Written comments must be
postmarked and electronic comments
must be submitted on or before January
6, 2014. Comments will be available for
public review.
ADDRESSES: You may submit comments,
identified by Docket Number PA–2013,
by one of the following methods:
• Email: foia@opic.gov. Include
docket number PA–2013 in the subject
line of the message.
• Mail: Nichole Cadiente,
Administrative Counsel, Overseas
Private Investment Corporation, 1100
New York Avenue NW., Washington,
DC 20527. Include docket number PA–
2013 on both the envelope and the
letter.
FOR FURTHER INFORMATION CONTACT:
Nichole Cadiente, Administrative
Counsel, (202) 336–8400, or
foia@opic.gov.
The
revision of Part 707 incorporates
changes to the language and structure of
the regulations. Requesters are now
provided more detail on the types of
identity verification that may suffice for
PA requests.
In general, comments received,
including attachments and other
supporting materials, are part of the
public record and are available to the
public. Do not submit any information
in your comment or supporting
materials that you consider confidential
or inappropriate for public disclosure.
SUPPLEMENTARY INFORMATION:
Regulatory Flexibility Act (5 U.S.C. 601
et seq.)
Pursuant to the Regulatory Flexibility
Act, 5 U.S.C. 601 et seq., the head of
OPIC has certified that this proposed
rule, as promulgated, will not have a
significant economic impact on a
substantial number of small entities.
The proposed rule implements the PA,
a statute concerning access to and
corrections to records about an
individual, and does not economically
impact Federal Government relations
with the private sector. Further, under
the PA, agencies may recover only the
direct costs of duplicating the records
processes for requesters. Based on
OPIC’s experience, these fees are
nominal.
Executive Order 12866
OPIC is exempted from the
requirements of this Executive Order
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per the Office of Management and
Budget’s October 12, 1993
memorandum. Accordingly, OMB did
not review this proposed rule. However
this rule was generally composed with
the principles stated in section 1(b) of
the Executive Order in mind.
Unfunded Mandates Reform Act of
1995 (2 U.S.C. 202–05)
This proposed rule will not result in
the expenditure by State, local, and
tribal governments in the aggregate, or
by the private sector, of $100,000,000 or
more in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995.
Small Business Regulatory Enforcement
Fairness Act of 1996 (5 U.S.C. 801 et
seq.)
This proposed rule is not a major rule
as defined by section 804 of the Small
Business Regulatory Enforcement
Fairness Act of 1996. This regulation
will not result in an annual effect on the
economy of $100,000,000 or more; a
major increase in costs or prices; or
significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the
ability of United State based companies
to compete with foreign-based
companies in domestic and export
markets.
List of Subjects in 22 CFR Part 70
Administrative practice and
procedure, Privacy.
For the reasons stated in the preamble
the Overseas Private Investment
Corporation proposes to revise 22 CFR
Part 707 as follows:
PART 707—ACCESS TO AND
SAFEGUARDING OF PERSONAL
INFORMATION IN RECORDS OF THE
OVERSEAS PRIVATE INVESTMENT
CORPORATION
emcdonald on DSK67QTVN1PROD with PROPOSALS
Subpart A—General.
§ 707.11 Scope and purpose.
§ 707.12 Definitions.
§ 707.13 Preservation of records.
Subpart B—Requests for access to records;
amendment of records, accounting of
disclosures. Notice of court ordered
disclosures.
§ 707.21 Requests for access to or copies of
records.
§ 707.22 Requests to permit access of
records to an individual other than the
individual to whom to record pertains.
§ 707.23 Requests for amendment of
records.
§ 707.24 Requests for an accounting of
record disclosures.
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§ 707.25 Appeals.
§ 707.26 Notification of court-ordered
disclosures.
§ 707.27 Fees.
Subpart C—Exceptions.
§ 707.31 Specific exemptions.
§ 707.32 Special exemption.
§ 707.33 Other rights and services.
Authority: 5 U.S.C. 552a(f); Foreign
Assistance Act of 1961 (22 U.S.C. 2191)F.
Subpart A General
§ 707.11
Scope and purpose.
This part applies to all records in
systems of records maintained by OPIC
that are retrievable by an individual’s
name or personal identifier. The rules in
this part describe the procedures by
which individuals may request access to
records about themselves, request
amendment or correction of those
records, or request an accounting of
disclosures of records by OPIC. These
rules should be read in conjunction
with the Privacy Act of 1974, 5 U.S.C.
552a, which provides additional
information about records maintained
on individuals.
§ 707.12
Definitions.
As used in this part:
(a) Individual means a citizen of the
United States or an alien lawfully
admitted for permanent residence;
(b) Maintain includes maintain,
collect, use, or disseminate;
(c) Record means any item, collection,
or grouping of information about an
individual that is maintained by an
agency, including, but not limited to,
his education, financial transactions,
medical history, and criminal or
employment history and that contains
his name, or the identifying number,
symbol, or other identifying particular
assigned to the individual, such as a
finger or voice print or photograph;
(d) System of records mean a group of
any records under the control of OPIC
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;
(e) Statistical record means a record
in a system of records maintained for
statistical research or reporting purposes
only and not used in whole or in part
in making any determination about an
identifiable individual, except as
provided by 13 U.S.C. § 8;
(f) Routine use means, with respect to
the disclosure of a record, the use of
such record for a purpose which is
compatible with the purpose for which
it was collected.
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§ 707.13
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Preservation of records.
OPIC preserves all correspondence
pertaining to the requests that it receives
under this part, as well as copies of all
requested records, until disposition or
destruction is authorized pursuant to
title 44 of the United States Code or the
General Records Schedule 14 of the
National Archives and Records
Administration. Records that are
identified as responsive to a request will
not be disposed of or destroyed while
they are the subject of a pending
request, appeal, or lawsuit under the
Privacy Act.
Subpart B Requests for access to
records; amendment of records,
accounting of disclosures. Notice of
court ordered disclosures
§ 707.21 Requests for access to or copies
of records.
(a) How to submit. An individual may
request access to or copies of records
maintained by OPIC that are retrieved
by an individual’s personal identifier.
To make a request for records a
requester must submit a written request
to the Vice President of Human
Resources Management either by mail or
delivery to Overseas Private Investment
Corporation, 1100 New York Avenue
NW., Washington, DC 20527 or
electronic mail to Privacy@opic.gov. The
envelope or subject line should read
‘‘Privacy Act Request’’ to ensure proper
routing. Access to records maintained
by OPIC will be provided only by
appointment. No officer or employee of
OPIC shall provide an individual with
any records under this part until a
written request as described in
paragraph (b) of this section is provided
and the identity of the individual is
verified as described in paragraph (c).
(b) Information to include. All
requests under this section must:
(1) Be in writing and be signed by the
requester. Unless the requester is a
current officer or employee of OPIC, the
letter must also be duly acknowledged
before a notary public or other
authorized public official or signed
under 28 U.S.C. 1746, a law that permits
statements to be made under penalty of
perjury as a substitute for notarization;
(2) Provide information sufficient to
verify the identity of the requester,
including the requester’s full name,
current address, date of birth, place of
birth, or the system of record
identification name or number. Also
include a clearly legible copy of a valid
form of identification. If the request is
being made by a parent or guardian on
behalf of another, also include the same
information for the individual who is
the subject of the request along with a
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court order, birth certificate, or similar
document proving the guardianship.
OPIC will review the sufficiency of
identity evidence under paragraph (c) of
this section;
(3) Provide information sufficient to
accurately identify the records or
information so that OPIC staff can locate
the records with a reasonable amount of
effort. At minimum this should include
the full name, the system of record
identification name, or the system
identification number for the individual
who is the subject of the records.
Provision of a social security number is
optional. If possible, also include a
description of the records as well as
providing a record creation time range
and the name of the systems that should
be searched. A description of OPIC’s
system of records can be located in the
‘‘Privacy Act Compilation’’ published
by the National Archives and Records
Administration’s Office of the Federal
Register. Each system of records is also
published in the Federal Register;
(4) Specify whether the individual
wishes access to or copies of the
information pertaining to him. If access
is requested, provide at least one
preferred date and hour for which an
appointment is requested during regular
business hours as provided in paragraph
(a). OPIC encourages appointments to be
made at least one week in advance and
for a requester to provide at least three
preferred appointment times; and
(5) Include an agreement to pay fees
or an agreement to pay fees up to a
specified amount under § 707.27. A
request that does not include an
agreement to pay fees will be considered
an agreement to pay fees up to $25.00.
(c) Verification of identity. Prior to
providing any requested information
about an individual, the Vice President
of Human Resources Management shall
verify the identity of the individual. If
the requester is acting as the guardian of
the individual who is the subject of the
records, the Vice President of Human
Resources Management will also verify
the identity of the individual who is the
subject of the records, the relationship
between the requester and the subject
individual, and that the requester is
acting on behalf of the subject
individual. In order to verify identity,
the Vice President of Human Resources
Management shall require the
individual to provide reasonable proof
of identity such as a valid driver’s
license, identification card, passport,
employee identification card, or any
other identifying information. The Vice
President of Human Resources
Management shall deny any request
where she determines, at her sole
discretion, that the evidence offered to
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verify the identity of an individual is
insufficient to conclusively establish the
identity of the individual.
(d) Release of records. Originals and
record copies will not be released from
the files of OPIC. Individuals will not be
permitted to disturb any record files or
to remove records from designated place
of examination. If copies were requested
in the request letter, copies will be
furnished upon payment of the fees
prescribed in § 707.27.
(e) Denial of request. If the Vice
President of Human Resources
Management declines any request
submitted under this section, the denial
will be made in writing and contain a
brief description of the denial. Denials
include a determination that an
individual has not provided adequate
evidence to verify identity under
paragraph (c) of this section, a
determination that the record cannot be
located, and a withholding of a record
in whole or in part. In the event of a
denial, the requester may file a written
appeal within thirty days of the date of
notification, following the procedures in
§ 707.25.
§ 707.22 Requests to permit access of
records to an individual other than the
individual to whom the record pertains.
(a) Access by an authorized
individual. An individual requester who
wishes to be accompanied by another
individual when reviewing records
pertaining to the requester must provide
OPIC with a signed, written statement
authorizing discussion of the
information contained in the records in
the presence of the accompanying
individual. Both parties will be required
to verify their identity under § 707.21(c)
before access is granted.
(b) Release to an authorized
individual. An individual requester who
wishes to have copies of records
pertaining to the requester released to
another individual must provide OPIC
with a written statement authorizing
release of the information contained in
the records to the other individual. The
identity of the individual to whom the
record pertains must be verified under
§ 707.21(c) before release is authorized.
(c) Access or release to parent or
guardian. Guardians will be provided
access or copies under the provisions of
§ 707.21.
§ 707.23 Requests for amendment of
records.
(a) How to submit. Unless a record is
not subject to amendment, per
paragraphs (g) and (h), an individual
may request an amendment of a record
to correct information the individual
believes is not accurate, relevant,
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timely, or complete. The request must
be in writing, labeled ‘‘Privacy Act
Request,’’ and should be addressed to
the Vice President of Human Resources
Management. The request may either be
mailed to OPIC or delivered to the
receptionist at 1100 New York Avenue
NW., Washington, DC 20527, during
regular business hours, between 8:45
a.m. and 5:30 p.m., Monday through
Friday, excluding public holidays. The
request will be considered received
when actually delivered to or, if mailed,
when it is actually received by the Vice
President of Human Resources
Management.
(b) Information to include. All
requests under this section must:
(1) Be in writing and be signed by the
requester. Unless the requester is a
current officer or employee of OPIC, the
letter must also be duly acknowledged
before a notary public or other
authorized public official or signed
under 28 U.S.C. 1746, a law that permits
statements to be made under penalty of
perjury as a substitute for notarization;
(2) Provide information sufficient to
verify the identity of the requester,
including the requester’s full name,
current address, date of birth, place of
birth, or the system of record
identification name or number. Also
include a clearly legible copy of a valid
form of identification. If the request is
being made by a parent or guardian on
behalf of another, also include the same
information for the individual who is
the subject of the request along with a
court order, birth certificate, or similar
document proving the guardianship.
OPIC will review the sufficiency of
identity evidence under paragraph (c) of
this section;
(3) Provide information sufficient to
accurately identify each record so that
OPIC staff can locate the record and
information with a reasonable amount
of effort. At minimum this should
include the full name, the system of
record identification name, or the
system record identification number for
the individual who is the subject of the
records and the name for each system
that you believe the record is located in.
Provision of a social security number is
optional. If possible, you should also
include a description of the records and
provide a record creation time range. A
description of OPIC’s systems of records
can be located in the ‘‘Privacy Act
Compilation’’ published by the National
Archives and Records Administration’s
Office of the Federal Register. Each
system of records is also published in
the Federal Register;
(4) Specify the correction requested;
and
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(5) Detail the basis for the requester’s
belief that the records and information
are not accurate, relevant, timely, or
complete. This includes providing
substantial and reliable evidence
sufficient to permit OPIC to determine
whether an amendment is in order.
Any request that Vice President of
Human Resources Management
determines does not describe records or
information in enough detail to permit
the staff to promptly locate the records;
does not describe the correction
requested in enough detail to permit the
staff to make a correction; or does not
reasonably specify the amendment
requested or its basis will be returned
without prejudice to the requester and
treated as not received.
(c) Verification of identity. Prior to
amending information about an
individual, the Vice President of Human
Resources Management shall verify the
identity of the requesting individual. If
the requester is acting as the guardian of
the individual who is the subject of the
records, the Vice President of Human
Resources Management will also verify
the identity of the individual who is the
subject of the records, the relationship
between the requester and the subject
individual, and that the requester is
acting on behalf of the subject
individual. In order to verify identity,
the Vice President of Human Resources
Management shall require the
individual to provide reasonable proof
of identity such as a valid driver’s
license, identification card, passport,
employee identification card, or any
other identifying information. The Vice
President of Human Resources
Management shall deny any request
where she determines, at her sole
discretion, that the evidence offered to
verify the identity of an individual is
insufficient to conclusively establish the
identity of the individual.
(d) Acknowledgment of request. If a
request will take longer than ten (10)
business days to process, OPIC will
send the requester an acknowledgment
letter.
(e) Determination. The Vice President
of Human Resources Management will
provide a determination on a request
under this section within thirty (30)
days from receipt.
(1) Amendment. The Vice President of
Human Resources Management will
notify the requester in writing if the
amendment is made and provide the
individual an opportunity to request a
copy of the amended record.
(2) Denial. The Vice President of
Human Resources Management will
notify the requester in writing if she
denies any portion of a request made
under this section. The denial will
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include a brief explanation of the reason
for the refusal and the right of the
individual to file an appeal within thirty
(30) days, following the procedures in
§ 707.25. In the event an appeal is
denied, a requester may file a statement
of disagreement with OPIC as described
in § 707.25(c).
(f) Notification of amendment. Within
thirty (30) days of the amendment or
correction of a record or the filing of a
statement of disagreement, OPIC will
notify all persons, organizations, or
agencies to which it previously
disclosed the record, if an accounting of
that disclosure was made. If an
individual has filed a statement of
disagreement, OPIC will attach a copy of
it to the disputed record whenever the
record is disclosed in the future and
may also attach a concise statement of
its reasons for denying the request to
amend or correct.
(g) Records not subject to amendment.
The following records are not subject to
amendment:
(1) Transcripts of testimony given
under oath or written statements made
under oath;
(2) Transcripts of grand jury
proceedings, judicial proceedings, or
quasi-judicial proceedings, which are
the official record of those proceedings;
(3) Presentence records that originated
with the courts; and
(4) Records in systems of records that
have been exempted from amendment
and correction under the Privacy Act, 5
U.S.C. 552a(j) or (k) or by notice
published in the Federal Register.
(h) No amendment permitted. No part
of these rules shall be construed to
permit:
(1) The alteration of evidence
presented in the course of judicial,
quasi-judicial, or quasi-legislative
proceedings;
(2) Collateral attack upon any matter
which has been the subject of judicial or
quasi-judicial action; or
(3) An amendment or correction
which would be in violation of an
existing statute, executive order, or
regulation.
§ 707.24 Requests for an accounting of
record disclosures.
(a) How to submit. Unless an
accounting of disclosures is not required
to be kept under paragraph (e) of this
section, an individual may request an
accounting of all disclosures OPIC has
made of a record, maintained in a
system of records and about the
individual, to another person,
organization, or agency. The request
must be in writing, labeled ‘‘Privacy Act
Request,’’ and should be addressed to
the Vice President of Human Resources
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Management. The request may either be
mailed to OPIC or delivered to the
receptionist at 1100 New York Avenue
NW., Washington, DC 20527, during
regular business hours, between 8:45
a.m. and 5:30 p.m., Monday through
Friday, excluding public holidays. The
request will be considered received
when actually delivered to or, if mailed,
when it is actually received by the Vice
President of Human Resources
Management.
(b) Information to include. All
requests under this section must:
(1) Be in writing and be signed by the
requester. Unless the requester is a
current officer or employee of OPIC, the
letter must also be duly acknowledged
before a notary public or other
authorized public official or signed
under 28 USC 1746, a law that permits
statements to be made under penalty of
perjury as a substitute for notarization;
(2) Provide information sufficient to
verify the identity of the requester,
including the requester’s full name,
current address, date of birth, place of
birth, or the system of record
identification name or number. Also
include a clearly legible copy of a valid
form of identification. If the request is
being made by a parent or guardian on
behalf of another, also include the same
information for the individual who is
the subject of the request along with a
court order, birth certificate, or similar
document proving the guardianship.
OPIC will review the sufficiency of
identity evidence under paragraph (c) of
this section;
(3) Provide information sufficient to
accurately identify the records or
information so that OPIC staff can locate
the records with a reasonable amount of
effort. At minimum this should include
the full name, the system of record
identification name, or the system
record identification number for the
individual who is the subject of the
records and the name for each system
that you believe the record is located in.
Provision of a social security number is
optional. If possible, you should also
include a description of the records and
provide a time range. A description of
OPIC’s system of records can be located
in the ‘‘Privacy Act Compilation’’
published by the National Archives and
Records Administration’s Office of the
Federal Register. Each system of records
is also published in the Federal
Register;
(4) Include an agreement to pay fees
or an agreement to pay fees up to a
specified amount under § 707.27. A
request that does not include an
agreement to pay fees will be considered
an agreement to pay fees up to $25.00.
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(c) Verification of identity. Prior to
providing any requested information
about an individual, the Vice President
of Human Resources Management shall
verify the identity of the requesting
individual. If the requester is acting as
the guardian of the individual who is
the subject of the records, the Vice
President of Human Resources
Management will also verify the identity
of the individual who is the subject of
the records, the relationship between
the requester and the subject individual,
and that the requester is acting on behalf
of the subject individual. In order to
verify identity, the Vice President of
Human Resources Management shall
require the individual to provide
reasonable proof of identity such as a
valid driver’s license, identification
card, passport, employee identification
card, or any other identifying
information. The Vice President of
Human Resources Management shall
deny any request where she determines,
at her sole discretion, that the evidence
offered to verify the identity of an
individual is insufficient to
conclusively establish the identity of the
individual.
(d) Determination. The Vice President
of Human Resources Management will
provide a requester with one of the
following:
(1) Provision of accounting of
disclosures. If the request is granted, the
Vice President of Human Resources
Management will provide the individual
with an accounting containing the date,
nature, and purpose of each disclosure,
as well as the name and address of the
person, organization, or agency to which
the disclosure was made.
(2) Denial. The Vice President of
Human Resources Management will
notify the individual in writing if she
denies any portion of a request made
under this section. The denial will
include a brief explanation of the reason
for the refusal and the right of the
individual to request a review thereof
under the provisions of § 707.25.
(e) Disclosures where an accounting
of disclosures is not required.
OPIC need not provide an accounting
of disclosures where:
(1) The disclosures are of the type for
which accountings are not kept. For
example, disclosures made to
employees within the agency; or
(2) The disclosure was made in
response to a written request from a law
enforcement agency for authorized law
enforcement purposes.
§ 707.25
Appeals.
An individual may appeal a denial
made under § 707.21–707.23 within
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thirty (30) days of the notification of
such denial.
(a) How to submit. The appeal must be
in writing, labeled ‘‘Privacy Act
Appeal,’’ and should be addressed to
the Executive Vice President. The
request may either be mailed to OPIC or
delivered to the receptionist at 1100
New York Avenue NW., Washington,
DC 20527, during regular business
hours, between 8:45 a.m. and 5:30 p.m.,
Monday through Friday, excluding
public holidays.
(b) Information to include. All
requests under this section must:
(1) Be in writing and be signed by the
requester;
(2) Be clearly labeled ‘‘PRIVACY ACT
APPEAL’’ on both the letter and the
envelope;
(3) Clearly reference the
determination being appealed; and
(4) Provide support for your
information, including documentation
provided in the initial determination
and any additional information.
(b) Appeal determination. The
Executive Vice President will advise the
individual of OPIC’s determination
within thirty (30) business days. If the
Executive Vice President is unable to
provide a determination within thirty
business days, the individual will be
advised in writing of the reason before
the expiry of the thirty business days.
(1) Overturn initial determination. If
the Executive Vice President grants the
appeal and overturns the initial
determination in whole or part, the
individual will be notified in writing
and the requested action taken promptly
along with any other steps OPIC would
have taken had the initial determination
come to the same result as the appeal.
(2) Uphold initial determination. If
the Executive Vice President denies the
appeal and upholds the initial
determination in whole or in part, the
individual will be notified in writing
and provided with an explanation. In
cases where a denial of amendment or
correction is upheld, the individual will
also be notified of the ability to file a
statement of disagreement under
paragraph (c) of this section.
(c) Statement of disagreement. If an
individual is denied a request to amend
a record in whole or in part and that
denial is upheld on appeal, the
individual may file a statement of
disagreement. Statements of
disagreement must be concise, clearly
identify each part of any record that is
disputed, and should be no longer than
one typed page for each fact disputed.
The statement of disagreement will be
placed in the system of records that
contains the disputed record and the
record will be marked to indicate that a
PO 00000
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Fmt 4702
Sfmt 4702
statement of disagreement has been
filed. The statement of disagreement
will be attached to any future releases
of the disputed record and may be
accompanied by a concise statement
from OPIC explaining its denial.
§ 707.26 Notification of court-ordered
disclosures.
(a) Except in cases under
subparagraph (c) of this section, when a
record pertaining to an individual is
required to be disclosed by court order,
OPIC will make reasonable efforts to
provide notice of this to the individual.
If OPIC cannot locate the individual,
notice will be deemed sufficient for this
part if it is mailed to the individual’s
last known address. The notice will
contain a copy of the order and a
description of the information
disclosed.
(b) Notice will be given within a
reasonable time after OPIC’s receipt of
the order, unless the order is not a
matter of public record. In those cases,
the notice will be given only after the
order becomes public.
(c) Notice is not required if disclosure
is made from an exempt system of
records.
§ 707.27
Fees.
(1) The fees to be charged for making
copies of any records provided to an
individual under this part are fifteen
(15) cents per page. No fees will be
charged for search or review.
(2) At its discretion, OPIC may grant
a request for special services such as
mailing copies by means other than first
class mail or providing document
certification. All special services
provided to the requester will be
provided at cost.
(3) OPIC considers any request under
the Privacy Act to be an authorization
to incur up to $25.00 in fees unless a
request states otherwise.
(4) OPIC may condition access to
records or copies of records upon full
payment of any fees due.
(5) All payments under this part must
be in the form of a check or bank draft
denominated in U.S. currency. Checks
should be made payable to the order of
the United States Treasury and mailed
or hand delivered to OPIC at 1100 New
York Avenue NW., Washington DC
20527.
Subpart C Exceptions
§ 707.31
Specific exemptions.
The provisions of 5 U.S.C. 552a (c)(3),
(d), (e)(1), (e)(4)(G), (H) and (I) and (f)
shall not apply to any system of records
maintained by OPIC that is—
(a) Subject to the provisions of 5
U.S.C. 552(b)(1);
E:\FR\FM\06DEP1.SGM
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Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / Proposed Rules
(b) Composed of Investigatory
material compiled for law enforcement
purposes other than those specified in 5
U.S.C. 552a (j)(2);
(c) Required by statute to be
maintained and used solely as statistical
records;
(d) Composed of investigatory
material compiled solely for the purpose
of determining suitability, eligibility or
qualifications for Federal civilian
employment, military service, Federal
contracts or access to classified
information, but only to the extent that
OPIC may determine, in its sole
discretion, that the disclosure of such
material would reveal the identity of the
source who, subsequent to September
27, 1975, furnished information to the
Government under an express promise
that the identity of the source would be
held in confidence or, prior to such
date, under an implied promise to such
effect; and
(e) Composed of testing or
examination materials used solely to
determine individual qualifications for
appointment or promotion in the
Federal service and OPIC determines, in
its sole discretion, that disclosure of
such materials would compromise the
fairness of the testing or examination
process.
§ 707.32
Special Exemption.
Nothing in this part shall allow an
individual access to any information
compiled in reasonable anticipation of a
civil action or proceeding.
§ 707.33.
Other rights and services.
Nothing in this part shall be
construed to entitle any person, as of
right, to any service or to the disclosure
of any record to which such person is
not entitled under the Privacy Act.
Dated: November 22, 2013.
Nichole Cadiente,
Administrative Counsel, Department of Legal
Affairs.
Cancellation of a notice of
public hearing on proposed rulemaking.
ACTION:
This document cancels a
public hearing on proposed regulations
regarding dispositions of property
subject to depreciation under section
168 of the Internal Revenue Code.
DATES: The public hearing originally
scheduled for December 19, 2013 at 10
a.m. is cancelled.
FOR FURTHER INFORMATION CONTACT:
Oluwafunmilayo Taylor of the
Publications and Regulations Branch,
Legal Processing Division, Associate
Chief Counsel (Procedure and
Administration) at (202) 317–6901 (not
a toll-free number).
SUPPLEMENTARY INFORMATION: A notice
of proposed rulemaking, a notice of
public hearing, and partial withdrawal
of previously proposed regulations that
appeared in the Federal Register on
September 19, 2013 (78 FR 57547)
announced that a public hearing was
scheduled for December 19, 2013, at 10
a.m. in the IRS Auditorium, Internal
Revenue Building, 1111 Constitution
Avenue NW., Washington, DC. The
subject of the public hearing is under
section 168 of the Internal Revenue
Code.
The public comment period for these
regulations expired on November 18,
2013. The notice of proposed
rulemaking and notice of public hearing
instructed those interested in testifying
at the public hearing to submit a request
to speak and an outline of the topics to
be addressed. As of Monday, December
2, 2013, no one has requested to speak.
Therefore, the public hearing scheduled
for December 19, 2013, is cancelled.
SUMMARY:
Martin V. Franks,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel, (Procedure and Administration).
[FR Doc. 2013–29175 Filed 12–5–13; 8:45 am]
BILLING CODE 4830–01–P
[FR Doc. 2013–28915 Filed 12–5–13; 8:45 am]
BILLING CODE 3195–01–P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
DEPARTMENT OF THE TREASURY
30 CFR Parts 7 and 75
Internal Revenue Service
RIN 1219–AB79
emcdonald on DSK67QTVN1PROD with PROPOSALS
26 CFR Part 1
Refuge Alternatives for Underground
Coal Mines
[REG–110732–13]
RIN 1545–BL52
Mine Safety and Health
Administration, Labor.
ACTION: Request for information;
extension of comment period.
AGENCY:
Guidance Regarding Dispositions of
Tangible Depreciable Property;
Hearing Cancellation
Internal Revenue Service (IRS),
Treasury.
AGENCY:
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17:40 Dec 05, 2013
Jkt 232001
In response to requests from
interested parties, the Mine Safety and
SUMMARY:
PO 00000
Frm 00016
Fmt 4702
Sfmt 4702
73471
Health Administration (MSHA) is
extending the comment period on the
Agency’s Request for Information (RFI)
on Refuge Alternatives for Underground
Coal Mines. This extension gives
interested parties additional time to
review new information on refuge
alternatives.
DATES: The comment period for the RFI
published August 8, 2013 (78 FR
48593), extended September 23, 2013
(78 FR 58264), is further extended.
Comments must be received by
midnight Eastern Daylight Savings Time
on June 2, 2014.
ADDRESSES: Submit comments and
supporting documentation by any of the
following methods:
• Federal E-Rulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments for Docket Number MSHA–
2013–0033.
• Electronic mail: zzMSHAcomments@dol.gov. Include ‘‘RIN 1219–
AB79’’ in the subject line of the
message.
• Mail: Send comments to MSHA,
Office of Standards, Regulations, and
Variances, 1100 Wilson Boulevard,
Room 2350, Arlington, Virginia 22209–
3939.
• Hand Delivery or Courier: MSHA,
Office of Standards, Regulations, and
Variances, 1100 Wilson Boulevard,
Room 2350, Arlington, Virginia,
between 9:00 a.m. and 5:00 p.m.
Monday through Friday, except Federal
holidays. Sign in at the receptionist’s
desk on the 21st floor.
Instructions: Clearly identify all
submissions with ‘‘RIN 1219–AB79’’.
Because comments will not be edited to
remove any identifying or contact
information, MSHA cautions the
commenter against including
information in the submission that
should not be publicly disclosed.
FOR FURTHER INFORMATION CONTACT:
George F. Triebsch, Director, Office of
Standards, Regulations, and Variances,
MSHA, at triebsch.george@dol.gov
(email); 202–693–9440 (voice); or 202–
693–9441 (facsimile). These are not tollfree numbers.
SUPPLEMENTARY INFORMATION: On August
8, 2013 (78 FR 48593), MSHA published
a Request for Information on Refuge
Alternatives for Underground Coal
Mines. The RFI comment period was
originally scheduled to close on October
7, 2013. In response to requests, MSHA
extended the comment period to
December 6, 2013 (78 FR 58264) to
allow interested parties time to review
National Institute for Occupational
Safety and Health (NIOSH) studies that
bear on certain issues raised in the RFI.
E:\FR\FM\06DEP1.SGM
06DEP1
]]>Agencies
[Federal Register Volume 78, Number 235 (Friday, December 6, 2013)]
[Proposed Rules]
[Pages 73466-73471]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28915]
=======================================================================
-----------------------------------------------------------------------
OVERSEAS PRIVATE INVESTMENT CORPORATION
22 CFR Part 707
[No. PA-2013]
Privacy Act
AGENCY: Overseas Private Investment Corporation.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: This rule proposes revisions to the Overseas Private
Investment Corporation's (``OPIC'') Privacy Act (``PA'') regulations by
making substantive and administrative changes. These revisions are
intended to supersede OPIC's current PA regulations, located at this
Part. The proposed rule updates the agency's address, makes
administrative changes to reflect OPIC's cost, and organizes the
regulations to more closely match those of other agencies for ease of
reference.
DATES: Written comments must be postmarked and electronic comments must
be submitted on or before January 6, 2014. Comments will be available
for public review.
ADDRESSES: You may submit comments, identified by Docket Number PA-
2013, by one of the following methods:
Email: foia@opic.gov. Include docket number PA-2013 in the
subject line of the message.
Mail: Nichole Cadiente, Administrative Counsel, Overseas
Private Investment Corporation, 1100 New York Avenue NW., Washington,
DC 20527. Include docket number PA-2013 on both the envelope and the
letter.
FOR FURTHER INFORMATION CONTACT: Nichole Cadiente, Administrative
Counsel, (202) 336-8400, or foia@opic.gov.
SUPPLEMENTARY INFORMATION: The revision of Part 707 incorporates
changes to the language and structure of the regulations. Requesters
are now provided more detail on the types of identity verification that
may suffice for PA requests.
In general, comments received, including attachments and other
supporting materials, are part of the public record and are available
to the public. Do not submit any information in your comment or
supporting materials that you consider confidential or inappropriate
for public disclosure.
Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
Pursuant to the Regulatory Flexibility Act, 5 U.S.C. 601 et seq.,
the head of OPIC has certified that this proposed rule, as promulgated,
will not have a significant economic impact on a substantial number of
small entities. The proposed rule implements the PA, a statute
concerning access to and corrections to records about an individual,
and does not economically impact Federal Government relations with the
private sector. Further, under the PA, agencies may recover only the
direct costs of duplicating the records processes for requesters. Based
on OPIC's experience, these fees are nominal.
Executive Order 12866
OPIC is exempted from the requirements of this Executive Order
[[Page 73467]]
per the Office of Management and Budget's October 12, 1993 memorandum.
Accordingly, OMB did not review this proposed rule. However this rule
was generally composed with the principles stated in section 1(b) of
the Executive Order in mind.
Unfunded Mandates Reform Act of 1995 (2 U.S.C. 202-05)
This proposed rule will not result in the expenditure by State,
local, and tribal governments in the aggregate, or by the private
sector, of $100,000,000 or more in any one year, and it will not
significantly or uniquely affect small governments. Therefore, no
actions were deemed necessary under the provisions of the Unfunded
Mandates Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C.
801 et seq.)
This proposed rule is not a major rule as defined by section 804 of
the Small Business Regulatory Enforcement Fairness Act of 1996. This
regulation will not result in an annual effect on the economy of
$100,000,000 or more; a major increase in costs or prices; or
significant adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United State based
companies to compete with foreign-based companies in domestic and
export markets.
List of Subjects in 22 CFR Part 70
Administrative practice and procedure, Privacy.
For the reasons stated in the preamble the Overseas Private
Investment Corporation proposes to revise 22 CFR Part 707 as follows:
PART 707--ACCESS TO AND SAFEGUARDING OF PERSONAL INFORMATION IN
RECORDS OF THE OVERSEAS PRIVATE INVESTMENT CORPORATION
Subpart A--General.
Sec. 707.11 Scope and purpose.
Sec. 707.12 Definitions.
Sec. 707.13 Preservation of records.
Subpart B--Requests for access to records; amendment of records,
accounting of disclosures. Notice of court ordered disclosures.
Sec. 707.21 Requests for access to or copies of records.
Sec. 707.22 Requests to permit access of records to an individual
other than the individual to whom to record pertains.
Sec. 707.23 Requests for amendment of records.
Sec. 707.24 Requests for an accounting of record disclosures.
Sec. 707.25 Appeals.
Sec. 707.26 Notification of court-ordered disclosures.
Sec. 707.27 Fees.
Subpart C--Exceptions.
Sec. 707.31 Specific exemptions.
Sec. 707.32 Special exemption.
Sec. 707.33 Other rights and services.
Authority: 5 U.S.C. 552a(f); Foreign Assistance Act of 1961 (22
U.S.C. 2191)F.
Subpart A General
Sec. 707.11 Scope and purpose.
This part applies to all records in systems of records maintained
by OPIC that are retrievable by an individual's name or personal
identifier. The rules in this part describe the procedures by which
individuals may request access to records about themselves, request
amendment or correction of those records, or request an accounting of
disclosures of records by OPIC. These rules should be read in
conjunction with the Privacy Act of 1974, 5 U.S.C. 552a, which provides
additional information about records maintained on individuals.
Sec. 707.12 Definitions.
As used in this part:
(a) Individual means a citizen of the United States or an alien
lawfully admitted for permanent residence;
(b) Maintain includes maintain, collect, use, or disseminate;
(c) Record means any item, collection, or grouping of information
about an individual that is maintained by an agency, including, but not
limited to, his education, financial transactions, medical history, and
criminal or employment history and that contains his name, or the
identifying number, symbol, or other identifying particular assigned to
the individual, such as a finger or voice print or photograph;
(d) System of records mean a group of any records under the control
of OPIC 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;
(e) Statistical record means a record in a system of records
maintained for statistical research or reporting purposes only and not
used in whole or in part in making any determination about an
identifiable individual, except as provided by 13 U.S.C. Sec. 8;
(f) Routine use means, with respect to the disclosure of a record,
the use of such record for a purpose which is compatible with the
purpose for which it was collected.
Sec. 707.13 Preservation of records.
OPIC preserves all correspondence pertaining to the requests that
it receives under this part, as well as copies of all requested
records, until disposition or destruction is authorized pursuant to
title 44 of the United States Code or the General Records Schedule 14
of the National Archives and Records Administration. Records that are
identified as responsive to a request will not be disposed of or
destroyed while they are the subject of a pending request, appeal, or
lawsuit under the Privacy Act.
Subpart B Requests for access to records; amendment of records,
accounting of disclosures. Notice of court ordered disclosures
Sec. 707.21 Requests for access to or copies of records.
(a) How to submit. An individual may request access to or copies of
records maintained by OPIC that are retrieved by an individual's
personal identifier. To make a request for records a requester must
submit a written request to the Vice President of Human Resources
Management either by mail or delivery to Overseas Private Investment
Corporation, 1100 New York Avenue NW., Washington, DC 20527 or
electronic mail to Privacy@opic.gov. The envelope or subject line
should read ``Privacy Act Request'' to ensure proper routing. Access to
records maintained by OPIC will be provided only by appointment. No
officer or employee of OPIC shall provide an individual with any
records under this part until a written request as described in
paragraph (b) of this section is provided and the identity of the
individual is verified as described in paragraph (c).
(b) Information to include. All requests under this section must:
(1) Be in writing and be signed by the requester. Unless the
requester is a current officer or employee of OPIC, the letter must
also be duly acknowledged before a notary public or other authorized
public official or signed under 28 U.S.C. 1746, a law that permits
statements to be made under penalty of perjury as a substitute for
notarization;
(2) Provide information sufficient to verify the identity of the
requester, including the requester's full name, current address, date
of birth, place of birth, or the system of record identification name
or number. Also include a clearly legible copy of a valid form of
identification. If the request is being made by a parent or guardian on
behalf of another, also include the same information for the individual
who is the subject of the request along with a
[[Page 73468]]
court order, birth certificate, or similar document proving the
guardianship. OPIC will review the sufficiency of identity evidence
under paragraph (c) of this section;
(3) Provide information sufficient to accurately identify the
records or information so that OPIC staff can locate the records with a
reasonable amount of effort. At minimum this should include the full
name, the system of record identification name, or the system
identification number for the individual who is the subject of the
records. Provision of a social security number is optional. If
possible, also include a description of the records as well as
providing a record creation time range and the name of the systems that
should be searched. A description of OPIC's system of records can be
located in the ``Privacy Act Compilation'' published by the National
Archives and Records Administration's Office of the Federal Register.
Each system of records is also published in the Federal Register;
(4) Specify whether the individual wishes access to or copies of
the information pertaining to him. If access is requested, provide at
least one preferred date and hour for which an appointment is requested
during regular business hours as provided in paragraph (a). OPIC
encourages appointments to be made at least one week in advance and for
a requester to provide at least three preferred appointment times; and
(5) Include an agreement to pay fees or an agreement to pay fees up
to a specified amount under Sec. 707.27. A request that does not
include an agreement to pay fees will be considered an agreement to pay
fees up to $25.00.
(c) Verification of identity. Prior to providing any requested
information about an individual, the Vice President of Human Resources
Management shall verify the identity of the individual. If the
requester is acting as the guardian of the individual who is the
subject of the records, the Vice President of Human Resources
Management will also verify the identity of the individual who is the
subject of the records, the relationship between the requester and the
subject individual, and that the requester is acting on behalf of the
subject individual. In order to verify identity, the Vice President of
Human Resources Management shall require the individual to provide
reasonable proof of identity such as a valid driver's license,
identification card, passport, employee identification card, or any
other identifying information. The Vice President of Human Resources
Management shall deny any request where she determines, at her sole
discretion, that the evidence offered to verify the identity of an
individual is insufficient to conclusively establish the identity of
the individual.
(d) Release of records. Originals and record copies will not be
released from the files of OPIC. Individuals will not be permitted to
disturb any record files or to remove records from designated place of
examination. If copies were requested in the request letter, copies
will be furnished upon payment of the fees prescribed in Sec. 707.27.
(e) Denial of request. If the Vice President of Human Resources
Management declines any request submitted under this section, the
denial will be made in writing and contain a brief description of the
denial. Denials include a determination that an individual has not
provided adequate evidence to verify identity under paragraph (c) of
this section, a determination that the record cannot be located, and a
withholding of a record in whole or in part. In the event of a denial,
the requester may file a written appeal within thirty days of the date
of notification, following the procedures in Sec. 707.25.
Sec. 707.22 Requests to permit access of records to an individual
other than the individual to whom the record pertains.
(a) Access by an authorized individual. An individual requester who
wishes to be accompanied by another individual when reviewing records
pertaining to the requester must provide OPIC with a signed, written
statement authorizing discussion of the information contained in the
records in the presence of the accompanying individual. Both parties
will be required to verify their identity under Sec. 707.21(c) before
access is granted.
(b) Release to an authorized individual. An individual requester
who wishes to have copies of records pertaining to the requester
released to another individual must provide OPIC with a written
statement authorizing release of the information contained in the
records to the other individual. The identity of the individual to whom
the record pertains must be verified under Sec. 707.21(c) before
release is authorized.
(c) Access or release to parent or guardian. Guardians will be
provided access or copies under the provisions of Sec. 707.21.
Sec. 707.23 Requests for amendment of records.
(a) How to submit. Unless a record is not subject to amendment, per
paragraphs (g) and (h), an individual may request an amendment of a
record to correct information the individual believes is not accurate,
relevant, timely, or complete. The request must be in writing, labeled
``Privacy Act Request,'' and should be addressed to the Vice President
of Human Resources Management. The request may either be mailed to OPIC
or delivered to the receptionist at 1100 New York Avenue NW.,
Washington, DC 20527, during regular business hours, between 8:45 a.m.
and 5:30 p.m., Monday through Friday, excluding public holidays. The
request will be considered received when actually delivered to or, if
mailed, when it is actually received by the Vice President of Human
Resources Management.
(b) Information to include. All requests under this section must:
(1) Be in writing and be signed by the requester. Unless the
requester is a current officer or employee of OPIC, the letter must
also be duly acknowledged before a notary public or other authorized
public official or signed under 28 U.S.C. 1746, a law that permits
statements to be made under penalty of perjury as a substitute for
notarization;
(2) Provide information sufficient to verify the identity of the
requester, including the requester's full name, current address, date
of birth, place of birth, or the system of record identification name
or number. Also include a clearly legible copy of a valid form of
identification. If the request is being made by a parent or guardian on
behalf of another, also include the same information for the individual
who is the subject of the request along with a court order, birth
certificate, or similar document proving the guardianship. OPIC will
review the sufficiency of identity evidence under paragraph (c) of this
section;
(3) Provide information sufficient to accurately identify each
record so that OPIC staff can locate the record and information with a
reasonable amount of effort. At minimum this should include the full
name, the system of record identification name, or the system record
identification number for the individual who is the subject of the
records and the name for each system that you believe the record is
located in. Provision of a social security number is optional. If
possible, you should also include a description of the records and
provide a record creation time range. A description of OPIC's systems
of records can be located in the ``Privacy Act Compilation'' published
by the National Archives and Records Administration's Office of the
Federal Register. Each system of records is also published in the
Federal Register;
(4) Specify the correction requested; and
[[Page 73469]]
(5) Detail the basis for the requester's belief that the records
and information are not accurate, relevant, timely, or complete. This
includes providing substantial and reliable evidence sufficient to
permit OPIC to determine whether an amendment is in order.
Any request that Vice President of Human Resources Management
determines does not describe records or information in enough detail to
permit the staff to promptly locate the records; does not describe the
correction requested in enough detail to permit the staff to make a
correction; or does not reasonably specify the amendment requested or
its basis will be returned without prejudice to the requester and
treated as not received.
(c) Verification of identity. Prior to amending information about
an individual, the Vice President of Human Resources Management shall
verify the identity of the requesting individual. If the requester is
acting as the guardian of the individual who is the subject of the
records, the Vice President of Human Resources Management will also
verify the identity of the individual who is the subject of the
records, the relationship between the requester and the subject
individual, and that the requester is acting on behalf of the subject
individual. In order to verify identity, the Vice President of Human
Resources Management shall require the individual to provide reasonable
proof of identity such as a valid driver's license, identification
card, passport, employee identification card, or any other identifying
information. The Vice President of Human Resources Management shall
deny any request where she determines, at her sole discretion, that the
evidence offered to verify the identity of an individual is
insufficient to conclusively establish the identity of the individual.
(d) Acknowledgment of request. If a request will take longer than
ten (10) business days to process, OPIC will send the requester an
acknowledgment letter.
(e) Determination. The Vice President of Human Resources Management
will provide a determination on a request under this section within
thirty (30) days from receipt.
(1) Amendment. The Vice President of Human Resources Management
will notify the requester in writing if the amendment is made and
provide the individual an opportunity to request a copy of the amended
record.
(2) Denial. The Vice President of Human Resources Management will
notify the requester in writing if she denies any portion of a request
made under this section. The denial will include a brief explanation of
the reason for the refusal and the right of the individual to file an
appeal within thirty (30) days, following the procedures in Sec.
707.25. In the event an appeal is denied, a requester may file a
statement of disagreement with OPIC as described in Sec. 707.25(c).
(f) Notification of amendment. Within thirty (30) days of the
amendment or correction of a record or the filing of a statement of
disagreement, OPIC will notify all persons, organizations, or agencies
to which it previously disclosed the record, if an accounting of that
disclosure was made. If an individual has filed a statement of
disagreement, OPIC will attach a copy of it to the disputed record
whenever the record is disclosed in the future and may also attach a
concise statement of its reasons for denying the request to amend or
correct.
(g) Records not subject to amendment. The following records are not
subject to amendment:
(1) Transcripts of testimony given under oath or written statements
made under oath;
(2) Transcripts of grand jury proceedings, judicial proceedings, or
quasi-judicial proceedings, which are the official record of those
proceedings;
(3) Presentence records that originated with the courts; and
(4) Records in systems of records that have been exempted from
amendment and correction under the Privacy Act, 5 U.S.C. 552a(j) or (k)
or by notice published in the Federal Register.
(h) No amendment permitted. No part of these rules shall be
construed to permit:
(1) The alteration of evidence presented in the course of judicial,
quasi-judicial, or quasi-legislative proceedings;
(2) Collateral attack upon any matter which has been the subject of
judicial or quasi-judicial action; or
(3) An amendment or correction which would be in violation of an
existing statute, executive order, or regulation.
Sec. 707.24 Requests for an accounting of record disclosures.
(a) How to submit. Unless an accounting of disclosures is not
required to be kept under paragraph (e) of this section, an individual
may request an accounting of all disclosures OPIC has made of a record,
maintained in a system of records and about the individual, to another
person, organization, or agency. The request must be in writing,
labeled ``Privacy Act Request,'' and should be addressed to the Vice
President of Human Resources Management. The request may either be
mailed to OPIC or delivered to the receptionist at 1100 New York Avenue
NW., Washington, DC 20527, during regular business hours, between 8:45
a.m. and 5:30 p.m., Monday through Friday, excluding public holidays.
The request will be considered received when actually delivered to or,
if mailed, when it is actually received by the Vice President of Human
Resources Management.
(b) Information to include. All requests under this section must:
(1) Be in writing and be signed by the requester. Unless the
requester is a current officer or employee of OPIC, the letter must
also be duly acknowledged before a notary public or other authorized
public official or signed under 28 USC 1746, a law that permits
statements to be made under penalty of perjury as a substitute for
notarization;
(2) Provide information sufficient to verify the identity of the
requester, including the requester's full name, current address, date
of birth, place of birth, or the system of record identification name
or number. Also include a clearly legible copy of a valid form of
identification. If the request is being made by a parent or guardian on
behalf of another, also include the same information for the individual
who is the subject of the request along with a court order, birth
certificate, or similar document proving the guardianship. OPIC will
review the sufficiency of identity evidence under paragraph (c) of this
section;
(3) Provide information sufficient to accurately identify the
records or information so that OPIC staff can locate the records with a
reasonable amount of effort. At minimum this should include the full
name, the system of record identification name, or the system record
identification number for the individual who is the subject of the
records and the name for each system that you believe the record is
located in. Provision of a social security number is optional. If
possible, you should also include a description of the records and
provide a time range. A description of OPIC's system of records can be
located in the ``Privacy Act Compilation'' published by the National
Archives and Records Administration's Office of the Federal Register.
Each system of records is also published in the Federal Register;
(4) Include an agreement to pay fees or an agreement to pay fees up
to a specified amount under Sec. 707.27. A request that does not
include an agreement to pay fees will be considered an agreement to pay
fees up to $25.00.
[[Page 73470]]
(c) Verification of identity. Prior to providing any requested
information about an individual, the Vice President of Human Resources
Management shall verify the identity of the requesting individual. If
the requester is acting as the guardian of the individual who is the
subject of the records, the Vice President of Human Resources
Management will also verify the identity of the individual who is the
subject of the records, the relationship between the requester and the
subject individual, and that the requester is acting on behalf of the
subject individual. In order to verify identity, the Vice President of
Human Resources Management shall require the individual to provide
reasonable proof of identity such as a valid driver's license,
identification card, passport, employee identification card, or any
other identifying information. The Vice President of Human Resources
Management shall deny any request where she determines, at her sole
discretion, that the evidence offered to verify the identity of an
individual is insufficient to conclusively establish the identity of
the individual.
(d) Determination. The Vice President of Human Resources Management
will provide a requester with one of the following:
(1) Provision of accounting of disclosures. If the request is
granted, the Vice President of Human Resources Management will provide
the individual with an accounting containing the date, nature, and
purpose of each disclosure, as well as the name and address of the
person, organization, or agency to which the disclosure was made.
(2) Denial. The Vice President of Human Resources Management will
notify the individual in writing if she denies any portion of a request
made under this section. The denial will include a brief explanation of
the reason for the refusal and the right of the individual to request a
review thereof under the provisions of Sec. 707.25.
(e) Disclosures where an accounting of disclosures is not required.
OPIC need not provide an accounting of disclosures where:
(1) The disclosures are of the type for which accountings are not
kept. For example, disclosures made to employees within the agency; or
(2) The disclosure was made in response to a written request from a
law enforcement agency for authorized law enforcement purposes.
Sec. 707.25 Appeals.
An individual may appeal a denial made under Sec. 707.21-707.23
within thirty (30) days of the notification of such denial.
(a) How to submit. The appeal must be in writing, labeled ``Privacy
Act Appeal,'' and should be addressed to the Executive Vice President.
The request may either be mailed to OPIC or delivered to the
receptionist at 1100 New York Avenue NW., Washington, DC 20527, during
regular business hours, between 8:45 a.m. and 5:30 p.m., Monday through
Friday, excluding public holidays.
(b) Information to include. All requests under this section must:
(1) Be in writing and be signed by the requester;
(2) Be clearly labeled ``PRIVACY ACT APPEAL'' on both the letter
and the envelope;
(3) Clearly reference the determination being appealed; and
(4) Provide support for your information, including documentation
provided in the initial determination and any additional information.
(b) Appeal determination. The Executive Vice President will advise
the individual of OPIC's determination within thirty (30) business
days. If the Executive Vice President is unable to provide a
determination within thirty business days, the individual will be
advised in writing of the reason before the expiry of the thirty
business days.
(1) Overturn initial determination. If the Executive Vice President
grants the appeal and overturns the initial determination in whole or
part, the individual will be notified in writing and the requested
action taken promptly along with any other steps OPIC would have taken
had the initial determination come to the same result as the appeal.
(2) Uphold initial determination. If the Executive Vice President
denies the appeal and upholds the initial determination in whole or in
part, the individual will be notified in writing and provided with an
explanation. In cases where a denial of amendment or correction is
upheld, the individual will also be notified of the ability to file a
statement of disagreement under paragraph (c) of this section.
(c) Statement of disagreement. If an individual is denied a request
to amend a record in whole or in part and that denial is upheld on
appeal, the individual may file a statement of disagreement. Statements
of disagreement must be concise, clearly identify each part of any
record that is disputed, and should be no longer than one typed page
for each fact disputed. The statement of disagreement will be placed in
the system of records that contains the disputed record and the record
will be marked to indicate that a statement of disagreement has been
filed. The statement of disagreement will be attached to any future
releases of the disputed record and may be accompanied by a concise
statement from OPIC explaining its denial.
Sec. 707.26 Notification of court-ordered disclosures.
(a) Except in cases under subparagraph (c) of this section, when a
record pertaining to an individual is required to be disclosed by court
order, OPIC will make reasonable efforts to provide notice of this to
the individual. If OPIC cannot locate the individual, notice will be
deemed sufficient for this part if it is mailed to the individual's
last known address. The notice will contain a copy of the order and a
description of the information disclosed.
(b) Notice will be given within a reasonable time after OPIC's
receipt of the order, unless the order is not a matter of public
record. In those cases, the notice will be given only after the order
becomes public.
(c) Notice is not required if disclosure is made from an exempt
system of records.
Sec. 707.27 Fees.
(1) The fees to be charged for making copies of any records
provided to an individual under this part are fifteen (15) cents per
page. No fees will be charged for search or review.
(2) At its discretion, OPIC may grant a request for special
services such as mailing copies by means other than first class mail or
providing document certification. All special services provided to the
requester will be provided at cost.
(3) OPIC considers any request under the Privacy Act to be an
authorization to incur up to $25.00 in fees unless a request states
otherwise.
(4) OPIC may condition access to records or copies of records upon
full payment of any fees due.
(5) All payments under this part must be in the form of a check or
bank draft denominated in U.S. currency. Checks should be made payable
to the order of the United States Treasury and mailed or hand delivered
to OPIC at 1100 New York Avenue NW., Washington DC 20527.
Subpart C Exceptions
Sec. 707.31 Specific exemptions.
The provisions of 5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4)(G), (H)
and (I) and (f) shall not apply to any system of records maintained by
OPIC that is--
(a) Subject to the provisions of 5 U.S.C. 552(b)(1);
[[Page 73471]]
(b) Composed of Investigatory material compiled for law enforcement
purposes other than those specified in 5 U.S.C. 552a (j)(2);
(c) Required by statute to be maintained and used solely as
statistical records;
(d) Composed of investigatory material compiled solely for the
purpose of determining suitability, eligibility or qualifications for
Federal civilian employment, military service, Federal contracts or
access to classified information, but only to the extent that OPIC may
determine, in its sole discretion, that the disclosure of such material
would reveal the identity of the source who, subsequent to September
27, 1975, furnished information to the Government under an express
promise that the identity of the source would be held in confidence or,
prior to such date, under an implied promise to such effect; and
(e) Composed of testing or examination materials used solely to
determine individual qualifications for appointment or promotion in the
Federal service and OPIC determines, in its sole discretion, that
disclosure of such materials would compromise the fairness of the
testing or examination process.
Sec. 707.32 Special Exemption.
Nothing in this part shall allow an individual access to any
information compiled in reasonable anticipation of a civil action or
proceeding.
Sec. 707.33. Other rights and services.
Nothing in this part shall be construed to entitle any person, as
of right, to any service or to the disclosure of any record to which
such person is not entitled under the Privacy Act.
Dated: November 22, 2013.
Nichole Cadiente,
Administrative Counsel, Department of Legal Affairs.
[FR Doc. 2013-28915 Filed 12-5-13; 8:45 am]
BILLING CODE 3195-01-P
