Privacy Act of 1974; System of Records, 46228-46231 [2021-17694]
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Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Notices
accompanied by an English translation.
Comments will be posted as received to
https://www.cftc.gov.
FOR FURTHER INFORMATION CONTACT:
Jacob Chachkin, Associate Chief
Counsel, Market Participants Division,
Commodity Futures Trading
Commission, telephone: (202) 418–
5496; email: jchachkin@cftc.gov.
SUPPLEMENTARY INFORMATION: Under the
PRA, 44 U.S.C. 3501 et seq., Federal
agencies must obtain approval from the
Office of Management and Budget
(OMB) for each collection of
information they conduct or sponsor.
‘‘Collection of information’’ is defined
in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes agency requests
or requirements that members of the
public submit reports, keep records, or
provide information to a third party.
Section 3506(c)(2)(A) of the PRA, 44
U.S.C. 3506(c)(2)(A), requires Federal
agencies to provide a 60-day notice in
the Federal Register concerning each
proposed collection of information,
including each proposed extension of an
existing collection of information,
before submitting the collection to OMB
for approval. An agency may not
conduct or sponsor, and a person is not
required to respond to a collection of
information unless it displays a
currently valid OMB control number.1
To comply with this requirement, the
CFTC is publishing notice of the
proposed extension of an existing
collection of information listed below.
Title: Rules Relating to Regulation of
Domestic Exchange-Traded Options,
OMB Control Number 3038–0007—
Extension of a currently approved
collection.
Abstract: The rules require futures
commission merchants (FCMs) and
introducing brokers (IBs): (1) To provide
their customers with standard risk
disclosure statements concerning the
risk of trading commodity interests; and
(2) to retain all promotional material
and the source of authority for
information contained therein. The
purpose of these rules is to ensure that
customers are advised of the risks of
trading commodity interests and to
avoid fraud and misrepresentation. This
information collection contains the
recordkeeping and reporting
requirements needed to ensure
regulatory compliance with Commission
rules relating to this issue. The
disclosure and recordkeeping
requirements are necessary to monitor
and to verify compliance by FCMs and
IBs with their obligations concerning
disclosure and promotional material.
1
46 FR 63035 (Dec. 30, 1981).
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17:34 Aug 17, 2021
With respect to the above collection of
information, the CFTC invites
comments on:
• Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information will have a practical use;
• The accuracy of the Commission’s
estimate of the burden of the proposed
collection of information, including the
validity of the methodology and
assumptions used;
• Ways to enhance the quality,
usefulness, and clarity of the
information to be collected; and
• Ways to minimize the burden of
collection of information on those who
are to respond, including through the
use of appropriate automated electronic,
mechanical, or other technological
collection techniques or other forms of
information technology; e.g., permitting
electronic submission of responses.
You should submit only information
that you wish to make available
publicly. If you wish the Commission to
consider information that you believe is
exempt from disclosure under the
Freedom of Information Act, a petition
for confidential treatment of the exempt
information may be submitted according
to the procedures established in section
145.9 of the Commission’s regulations.2
The Commission reserves the right,
but shall have no obligation to, review,
pre-screen, filter, redact, refuse or
remove any or all of your submission
from https://www.cftc.gov that it may
deem to be inappropriate for
publication, such as obscene language.
All submissions that have been redacted
or removed that contain comments on
the merits of the Information Collection
Requirement will be retained in the
public comment file and will be
considered as required under the
Administrative Procedure Act and other
applicable laws, and may be accessible
under the Freedom of Information Act.
Burden Statement: The Commission
estimates the burden of this collection
of information as follows:
Estimated Number of Annual
Respondents: 1,112.
Estimated Average Annual Burden
Hours per Respondent: 34.2.
Estimated Total Annual Burden
Hours: 38,030.4.
Frequency of Collection: Occasional.
There are no capital costs or operating
and maintenance costs associated with
this collection.
(Authority: 44 U.S.C. 3501 et seq.)
2
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17 CFR 145.9, 74 FR 17395 (Apr. 15, 2009).
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Dated: August 13, 2021.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2021–17719 Filed 8–17–21; 8:45 am]
BILLING CODE 6351–01–P
DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DoD–2021–OS–0085]
Privacy Act of 1974; System of
Records
Defense Threat Reduction
Agency (DTRA), Department of Defense
(DoD).
ACTION: Notice of a modified system of
records.
AGENCY:
The DTRA is modifying a
system of records, titled ‘‘Nuclear Test
Participants,’’ HDTRA 010. Each year,
the DTRA uses this system of records to
respond to over 700 atomic veteran
radiogenic disease compensation
inquiries from the Department of Justice
(DOJ) and Department of Veterans
Affairs (VA). The DTRA’s responses
include verification of participation in
nuclear testing programs or military
operations for presumptive claims, and
radiation dose assessments for nonpresumptive claims. The intended effect
of modifying this SORN is to make
updates associated with changes being
made to the underlying information
system that maintains these records.
DATES: This system of records
modification is effective upon
publication; however, comments on the
Routine Uses will be accepted on or
before September 17, 2021. The Routine
Uses are effective at the close of the
comment period.
ADDRESSES: You may submit comments,
identified by docket number and, by any
of the following methods:
• Federal Rulemaking Portal: https://
www.regulations.gov.
Follow the instructions for submitting
comments.
• Mail: DoD cannot receive written
comments at this time due to the
COVID–19 pandemic. Comments should
be sent electronically to the docket
listed above.
Instructions: All submissions received
must include the agency name and
docket number for this Federal Register
document. The general policy for
comments and other submissions from
members of the public is to make these
submissions available for public
viewing on the internet at https://
www.regulations.gov as they are
received without change, including any
SUMMARY:
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Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Notices
personal identifiers or contact
information.
Ms.
Pamela Andrews, DTRA Privacy Officer,
Officer of the General Counsel, Freedom
of Information Act and Privacy Office
(FOIA/PA), 8725 John J. Kingman Road,
MSC 6201, Fort Belvoir, VA 22060 or by
calling (703) 767–1792.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Background
The DTRA is modifying the existing
system of records to better reflect
changes to the database that houses
these records. The following sections of
the system of records notice are being
updated: security classification,
purpose, categories of individuals,
categories of records, record source
categories, authorities, routine uses,
storage, retrievability, safeguards,
retention and disposal, system
manager(s), notification procedures,
record access procedures, and
contesting record procedures.
DTRA personnel and other DoD
components use these records to help
the VA and DOJ respond to claims and
to provide data to organizations
responsible for studies concerning the
health effects of ionizing radiation.
These records are used by DTRA
employees to respond to over 700
atomic veteran radiogenic disease
compensation inquiries from the DOJ
and the VA each year. DTRA personnel
verify participation in nuclear testing
programs or military operations for
presumptive claims, and radiation dose
assessments for non-presumptive
claims. These modifications to the
information system will increase
DTRA’s inquiry response accuracy
while decreasing inquiry response time
and improving information sharing with
other government agencies.
The DoD notices for systems of
records subject to the Privacy Act of
1974, as amended, have been published
in the Federal Register and are available
from the address in FOR FURTHER
INFORMATION CONTACT or at the Defense
Privacy, Civil Liberties, and
Transparency Division website at
https://dpcld.defense.gov/privacy.
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II. Privacy Act
Under the Privacy Act, a ‘‘system of
records’’ is a group of records under the
control of an agency from which
information is retrieved by the name of
an individual or by some identifying
number, symbol, or other identifying
particular assigned to the individual. In
the Privacy Act, an individual is defined
as a U.S. citizen or lawful permanent
resident.
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In accordance with 5 U.S.C. 552a(r)
and Office of Management and Budget
(OMB) Circular No. A–108, the DoD has
provided a report of this system of
records to the OMB and to Congress.
Dated: August 12, 2021.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
SYSTEM NAME AND NUMBER:
Nuclear Test Participants, HDTRA
010.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Nuclear Test Personnel Review
(NTPR) Office, Defense Threat
Reduction Agency, 8725 John J.
Kingman Road, Fort Belvoir, VA 22060–
6201.
SYSTEM MANAGER(S):
NTPR Program Manager, Nuclear Test
Personnel Review Office, Defense
Threat Reduction Agency, 8725 John J.
Kingman Road, Fort Belvoir, VA 22060–
6201. Email Address: dtra-ntpr@
mail.mil.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
42 U.S.C. 2013, ‘‘Atomic Energy Act
of 1954’’; 42 U.S.C. 2210, ‘‘Radiation
Exposure Compensation Act’’; 38 U.S.C.
1154, ‘‘Certain Diseases and Disabilities;
38 CFR 3.309, ‘‘Disease Subject to
Presumptive Service Connection’’; 38
CFR 3.311, ‘‘Claims Based on Exposure
to Ionizing Radiation’’; and E.O. 9397
(SSN), as amended.
PURPOSE(S) OF THE SYSTEM:
These records comprise a
comprehensive database containing
information about participation and
dose information for over 500,000
individuals involved in United States
atmospheric nuclear testing (1945–
1962), the military occupation forces of
Hiroshima and Nagasaki, Japan, or those
who were prisoners of war (POWs) in
Japan at the conclusion of World War II.
The system similarly supports an
analogous 50,000 DoD personnel
associated with U.S. underground
nuclear weapon testing (1951–1992),
and 6,000 DoD personnel associated
with the radiological clean-up of the
Pacific Proving Ground (1960s–1980).
The NTRR Program has many elements
designed to assist military and civilian
test participants, to help the Department
of Veterans Affairs (VA) and the
Department of Justice (DOJ) in
responding to atomic veteran radiogenic
disease compensation claims, and to
provide information to organizations
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responsible for studies concerning the
health effects of ionizing radiation.
These elements include the following:
(a) Researching participation and
establishing a register of DoD
participants; (b) Collecting and
analyzing all known sources of recorded
dosimetry and radiation data applicable
to participants, and reconstructing doses
in cases where recorded doses are
unavailable or incomplete; (c)
Maintaining a comprehensive database
of participation and dose information,
along with supporting archival materials
and documents; (d) Conducting an
extensive public outreach program to
ensure maximum interface with the
supported participants; (e) Maintaining
the history of each U.S. atmospheric
nuclear weapons test operation; (f)
Supporting studies to determine
whether participants experience adverse
health effects as a result of their test
activities; and (g) Providing accurate
and timely responses to requests for
information from incoming inquiries.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Veterans and former DoD civilian
participants of the U.S. nuclear testing
programs from 1945 to 1992; U.S.
military occupation forces assigned to
Hiroshima or Nagasaki from August 6,
1945 to July 1, 1946; U.S. POWs in
Japan at the conclusion of World War II;
and DoD participants involved in the
cleanup of the Pacific Proving Ground
nuclear tests from the 1960s to 1980.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name, service number, Social
Security Number (SSN), date of birth,
place of birth, gender, last known or
current address, home/cell phone
number, DoD ID number, dates and
extent of test participation, radiation
exposure data, unit of assignment,
medical data, rank, grade, service
affiliation, and documentation relative
to administrative claims or civil
litigation.
RECORD SOURCE CATEGORIES:
Retired Military Personnel records
from the National Personnel Records
Center, all versions of the US DTRA
Form 150 from individuals voluntarily
contacting DTRA or other elements of
DoD or other Government Agencies by
phone or mail. DoD historical records,
dosimetry records, and records from the
Department of Energy (DOE), the VA,
the Social Security Administration, the
Internal Revenue Service, and the
Department of Health and Human
Services (HHS).
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act of 1974, as
amended, all or a portion of the records
or information contained herein may
specifically be disclosed outside the
DoD as a routine use pursuant to 5
U.S.C. 552a(b)(3):
A. To contractors, grantees, experts,
consultants, students, and others
performing or working on a contract,
service, grant, cooperative agreement, or
other assignment for the federal
government when necessary to
accomplish an agency function related
to this system of records.
B. To the appropriate Federal, State,
local, territorial, tribal, foreign, or
international law enforcement authority
or other appropriate entity where a
record, either alone or in conjunction
with other information, indicates a
violation or potential violation of law,
whether criminal, civil, or regulatory in
nature.
C. To any component of the DOJ for
the purpose of representing the DoD, or
its components, officers, employees, or
members in pending or potential
litigation to which the record is
pertinent.
D. In an appropriate proceeding
before a court, grand jury, or
administrative or adjudicative body or
official, when the DoD or other Agency
representing the DoD determines that
the records are relevant and necessary to
the proceeding; or in an appropriate
proceeding before an administrative or
adjudicative body when the adjudicator
determines the records to be relevant to
the proceeding.
E. To the National Archives and
Records Administration (NARA) for the
purpose of records management
inspections conducted under the
authority of 44 U.S.C. 2904 and 2906.
F. To a Member of Congress or staff
acting upon the Member’s behalf when
the Member or staff requests the
information on behalf of, and at the
request of, the individual who is the
subject of the record.
G. To appropriate agencies, entities,
and persons when (1) the DoD suspects
or confirms breach of the system of
records; (2) the DoD determines as a
result of the suspected or confirmed
breach there is a risk of harm to
individuals, the DoD (including its
information systems, programs, and
operations), the Federal Government, or
national security; and (3) the disclosure
made to such agencies, entities, and
persons is reasonably necessary to assist
in connection with the DoD’s efforts to
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respond to the suspected or confirmed
breach or to prevent, minimize, or
remedy such harm.
H. To another Federal agency or
Federal entity, when the DoD
determines information from this
system of records is reasonably
necessary to assist the recipient agency
or entity in (1) responding to a
suspected or confirmed breach or (2)
preventing, minimizing, or remedying
the risk of harm to individuals, the
recipient agency or entity (including its
information systems, programs and
operations), the Federal Government, or
national security, resulting from a
suspected or confirmed breach.
I. To such recipients and under such
circumstances and procedures as are
mandated by Federal statute or treaty.
J. To the VA for the purpose of
processing claims by individuals who
allege service-connected disabilities as a
result of participation in nuclear test
programs or military operations, as well
as litigation actions.
K. To the DOJ and the Department of
Labor (DOL) for the purpose of
processing claims by individuals
alleging job-related disabilities as a
result of participation in nuclear test
programs or military operations, and for
litigation actions.
L. To the DOE for the purpose of
identifying DOE employees and
contractor personnel who were, or may
be in the future, involved in nuclear test
programs or military operations and for
DOE’s use in processing claims or
litigation actions.
M. To the HHS and Vanderbilt
University for the purpose of
conducting epidemiological studies on
the effects of ionizing radiation on
participants of nuclear test programs.
N. To the Veterans Board on Dose
Reconstruction for the purpose of aiding
officials reviewing and overseeing the
DoD Radiation Dose Reconstruction
Program.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records may be stored electronically
or on paper in secure facilities in a
locked drawer behind a locked door.
The records may be stored on magnetic
disc, tape, or digital media; in agencyowned cloud environments; or in
vendor Cloud Service Offerings certified
under the Federal Risk and
Authorization Management Program
(FedRAMP).
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
The records may be retrieved by
name, SSN, DoD Identification Number,
or any combination of the foregoing.
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POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are permanent. DTRA retains
physical and legal custody for 75 years
after case termination, then the records
are transferred and accessioned to the
NARA.
ADMINISTRATIVE, TECHNICAL AND PHYSICAL
SAFEGUARDS:
Administrative: Backups secured offsite, encryption of backups containing
sensitive data, methods to ensure only
authorized personnel access to PII,
periodic security audits, and records are
limited to person(s) responsible for
servicing the record in the performance
of their official duties and who are
properly screened and cleared for needto-know. Technical: Encryption of data
at rest, firewall, role-based access
controls, Virtual Private Network (VPN),
Common Access Card (CAC), encryption
of data in transit, intrusion detection
system (IDS), DoD public key
infrastructure certificates, least privilege
access, user identification and
password. Physical safeguards: Cipher
locks, combination locks, key card,
security guards, closed circuit (CCTV),
identification badges, safes. Security
Guards and CCTV are used at some
sites. Records are maintained in a
controlled facility and entry is restricted
by the use of security guards and
intrusion alarm systems. Paper records,
microfilm/fiche, and computer systems
are accessible only by authorized
personnel. Access to digital data
requires user validation prior to use.
RECORD ACCESS PROCEDURES:
Individuals seeking access to
information about themselves contained
in this system of records should address
written requests to the Defense Threat
Reduction Agency, IT–KT (FOIA/
Privacy Office), 8725 John J. Kingman
Drive, Ft. Belvoir, VA 22060–6201.
Signed written requests should include
the individual’s full name, telephone
number, street address, email address,
and name and number of this system of
records notice (SORN). In addition, the
requestor must provide either a
notarized statement or a declaration
made in accordance with 28 U.S.C.
1746, using the following format:
If executed outside the United States:
‘‘I declare (or certify, verify, or state)
under penalty of perjury under the laws
of the United States of America that the
foregoing is true and correct. Executed
on (date). (Signature).’’
If executed within the United States,
its territories, possessions, or
commonwealths: ‘‘I declare (or certify,
verify, or state) under penalty of perjury
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that the foregoing is true and correct.
Executed on (date). (Signature).’’
For personal visits to access records at
DTRA, the individual will be required
to provide a military or civilian
identification card.
CONTESTING RECORD PROCEDURES:
The DoD rules for accessing records,
contesting contents, and appealing
initial Component determinations are
contained in 32 CFR part 310, or may
be obtained from the system manager.
NOTIFICATION PROCEDURES:
Individuals seeking to determine
whether information about themselves
is contained in this system of records
should follow the instructions for
Record Access Procedures above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
August 26, 2009, 74 FR 54975; May
11, 2012, 77 FR 27739.
[FR Doc. 2021–17694 Filed 8–17–21; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Department of the Navy
[Docket ID: USN–2021–HQ–0007]
Submission for OMB Review;
Comment Request
Department of the Navy,
Department of Defense (DoD).
ACTION: Emergency notice.
AGENCY:
Consistent with the
Paperwork Reduction Act of 1995 and
its implementing regulations, this
document provides notice DoD is
submitting an Information Collection
Request to the Office of Management
and Budget (OMB) to conduct a strategic
level engagement survey of the Navy
Active Duty population that addresses
core measures relating to the health of
the force and addresses emergent issues
of interest to Navy leadership. This is a
biennial survey, initiated in 2019, the
results of which inform the Navy’s
Health of the Force Report to Congress,
congressional testimony, as well as
support program and policy
assessments. A secondary goal of this
survey is to minimize the number of
unnecessary and potentially duplicative
smaller surveys. DoD requests
emergency processing and OMB
authorization to collect the information
after publication of this notice for a
period of six months.
DATES: Comments must be received by
August 19, 2021.
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SUMMARY:
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17:34 Aug 17, 2021
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The Department has
requested emergency processing from
OMB for this information collection
request by 1 day after publication of this
notice. Interested parties can access the
supporting materials and collection
instrument as well as submit comments
and recommendations to OMB at
www.reginfo.gov/public/do/PRAMain.
Find this particular information
collection by selecting ‘‘Currently under
1-day Review—Open for Public
Comments’’ or by using the search
function. Comments submitted in
response to this notice will be
summarized and included in the request
for OMB approval of this information
collection. They will also become a
matter of public record.
FOR FURTHER INFORMATION CONTACT:
Angela Duncan, 571–372–7574, or
whs.mc-alex.esd.mbx.dd-dodinformation-collections@mail.mil.
SUPPLEMENTARY INFORMATION: This
survey is targeted at Navy Active
Component personnel to gather their
input and opinions on key issues of
interest to Navy leadership. A scripted
briefing report documenting, in detail,
the results of the survey will be
completed and provided to all those
organizations who provided input to the
survey. An executive overview brief will
be developed and provided to senior
leadership. Results from the survey will
also be incorporated into the Health of
the Force report in November for release
in January 2022.
Title; Associated Form; and OMB
Number: Navy Health of the Force
Survey; OMB Control Number 0703–
NHFS.
Type of Request: Emergency.
Number of Respondents: 13,000.
Responses per Respondent: 1.
Annual Responses: 13,000.
Average Burden per Response: 25
minutes.
Annual Burden Hours: 5,417.
Affected Public: None.
Frequency: Biennial.
Respondent’s Obligation: Voluntary.
ADDRESSES:
Request for Comments
Comments are invited on: (1) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of DoD, including
whether the information collected has
practical utility; (2) the accuracy of
DoD’s estimate of the burden (including
hours and cost) of the proposed
collection of information; (3) ways to
enhance the quality, utility, and clarity
of the information to be collected; and
(4) ways to minimize the burden of the
collection of information on
respondents, including automated
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46231
collection techniques or the use of other
forms of information technology.
Dated: August 13, 2021.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2021–17717 Filed 8–17–21; 8:45 am]
BILLING CODE 3810–FF–P
DEPARTMENT OF EDUCATION
National Assessment Governing Board
Solicitation of Public Comments for
Updating the Science Assessment
Framework for the 2028 National
Assessment of Educational Progress
(NAEP)
National Assessment
Governing Board, U.S. Department of
Education.
ACTION: Notice of opportunity for
preliminary public comment for the
Science Assessment Framework for the
2028 National Assessment of
Educational Progress (NAEP).
AGENCY:
The National Assessment
Governing Board (Governing Board) is
soliciting public comment for
preliminary guidance in updating the
Assessment Framework for the 2028
National Assessment of Educational
Progress (NAEP) in Science.
SUPPLEMENTARY INFORMATION: The
Governing Board is authorized to
formulate policy guidelines for NAEP.
Section 302(e)(1)(c) of Public Law 107–
279 specifies that the Governing Board
determines the content to be assessed
for each NAEP Assessment. Each NAEP
subject area assessment is guided by a
framework that defines the scope of the
domain to be measured by delineating
the knowledge and skills to be tested at
each grade and subject, the format of the
assessment, and the achievement level
descriptions—guiding assessments that
are valid, reliable, and reflective of
widely accepted professional standards.
The NAEP Science Assessment
Framework was last revised in 2005
(and most recently used for the 2019
NAEP Science Assessment). Comments
received in response to this notice will
be utilized to inform Governing Board
decisions on the extent of revisions
needed to update the NAEP Science
Assessment Framework. A Governing
Board charge to launch the framework
revision process is anticipated at the
March 2022 quarterly Board meeting.
Public and private parties and
organizations are invited to provide
written comments and
recommendations relative to the current
framework, adopted in 2005. Comments
SUMMARY:
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]]>Agencies
[Federal Register Volume 86, Number 157 (Wednesday, August 18, 2021)]
[Notices]
[Pages 46228-46231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17694]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DoD-2021-OS-0085]
Privacy Act of 1974; System of Records
AGENCY: Defense Threat Reduction Agency (DTRA), Department of Defense
(DoD).
ACTION: Notice of a modified system of records.
-----------------------------------------------------------------------
SUMMARY: The DTRA is modifying a system of records, titled ``Nuclear
Test Participants,'' HDTRA 010. Each year, the DTRA uses this system of
records to respond to over 700 atomic veteran radiogenic disease
compensation inquiries from the Department of Justice (DOJ) and
Department of Veterans Affairs (VA). The DTRA's responses include
verification of participation in nuclear testing programs or military
operations for presumptive claims, and radiation dose assessments for
non-presumptive claims. The intended effect of modifying this SORN is
to make updates associated with changes being made to the underlying
information system that maintains these records.
DATES: This system of records modification is effective upon
publication; however, comments on the Routine Uses will be accepted on
or before September 17, 2021. The Routine Uses are effective at the
close of the comment period.
ADDRESSES: You may submit comments, identified by docket number and, by
any of the following methods:
Federal Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: DoD cannot receive written comments at this time due
to the COVID-19 pandemic. Comments should be sent electronically to the
docket listed above.
Instructions: All submissions received must include the agency name
and docket number for this Federal Register document. The general
policy for comments and other submissions from members of the public is
to make these submissions available for public viewing on the internet
at https://www.regulations.gov as they are received without change,
including any
[[Page 46229]]
personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Ms. Pamela Andrews, DTRA Privacy
Officer, Officer of the General Counsel, Freedom of Information Act and
Privacy Office (FOIA/PA), 8725 John J. Kingman Road, MSC 6201, Fort
Belvoir, VA 22060 or by calling (703) 767-1792.
SUPPLEMENTARY INFORMATION:
I. Background
The DTRA is modifying the existing system of records to better
reflect changes to the database that houses these records. The
following sections of the system of records notice are being updated:
security classification, purpose, categories of individuals, categories
of records, record source categories, authorities, routine uses,
storage, retrievability, safeguards, retention and disposal, system
manager(s), notification procedures, record access procedures, and
contesting record procedures.
DTRA personnel and other DoD components use these records to help
the VA and DOJ respond to claims and to provide data to organizations
responsible for studies concerning the health effects of ionizing
radiation. These records are used by DTRA employees to respond to over
700 atomic veteran radiogenic disease compensation inquiries from the
DOJ and the VA each year. DTRA personnel verify participation in
nuclear testing programs or military operations for presumptive claims,
and radiation dose assessments for non-presumptive claims. These
modifications to the information system will increase DTRA's inquiry
response accuracy while decreasing inquiry response time and improving
information sharing with other government agencies.
The DoD notices for systems of records subject to the Privacy Act
of 1974, as amended, have been published in the Federal Register and
are available from the address in FOR FURTHER INFORMATION CONTACT or at
the Defense Privacy, Civil Liberties, and Transparency Division website
at https://dpcld.defense.gov/privacy.
II. Privacy Act
Under the Privacy Act, a ``system of records'' is a group of
records under the control of an agency from which information is
retrieved by the name of an individual or by some identifying number,
symbol, or other identifying particular assigned to the individual. In
the Privacy Act, an individual is defined as a U.S. citizen or lawful
permanent resident.
In accordance with 5 U.S.C. 552a(r) and Office of Management and
Budget (OMB) Circular No. A-108, the DoD has provided a report of this
system of records to the OMB and to Congress.
Dated: August 12, 2021.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
SYSTEM NAME AND NUMBER:
Nuclear Test Participants, HDTRA 010.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Nuclear Test Personnel Review (NTPR) Office, Defense Threat
Reduction Agency, 8725 John J. Kingman Road, Fort Belvoir, VA 22060-
6201.
SYSTEM MANAGER(S):
NTPR Program Manager, Nuclear Test Personnel Review Office, Defense
Threat Reduction Agency, 8725 John J. Kingman Road, Fort Belvoir, VA
22060-6201. Email Address: [email protected].
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
42 U.S.C. 2013, ``Atomic Energy Act of 1954''; 42 U.S.C. 2210,
``Radiation Exposure Compensation Act''; 38 U.S.C. 1154, ``Certain
Diseases and Disabilities; 38 CFR 3.309, ``Disease Subject to
Presumptive Service Connection''; 38 CFR 3.311, ``Claims Based on
Exposure to Ionizing Radiation''; and E.O. 9397 (SSN), as amended.
PURPOSE(S) OF THE SYSTEM:
These records comprise a comprehensive database containing
information about participation and dose information for over 500,000
individuals involved in United States atmospheric nuclear testing
(1945-1962), the military occupation forces of Hiroshima and Nagasaki,
Japan, or those who were prisoners of war (POWs) in Japan at the
conclusion of World War II. The system similarly supports an analogous
50,000 DoD personnel associated with U.S. underground nuclear weapon
testing (1951-1992), and 6,000 DoD personnel associated with the
radiological clean-up of the Pacific Proving Ground (1960s-1980). The
NTRR Program has many elements designed to assist military and civilian
test participants, to help the Department of Veterans Affairs (VA) and
the Department of Justice (DOJ) in responding to atomic veteran
radiogenic disease compensation claims, and to provide information to
organizations responsible for studies concerning the health effects of
ionizing radiation. These elements include the following: (a)
Researching participation and establishing a register of DoD
participants; (b) Collecting and analyzing all known sources of
recorded dosimetry and radiation data applicable to participants, and
reconstructing doses in cases where recorded doses are unavailable or
incomplete; (c) Maintaining a comprehensive database of participation
and dose information, along with supporting archival materials and
documents; (d) Conducting an extensive public outreach program to
ensure maximum interface with the supported participants; (e)
Maintaining the history of each U.S. atmospheric nuclear weapons test
operation; (f) Supporting studies to determine whether participants
experience adverse health effects as a result of their test activities;
and (g) Providing accurate and timely responses to requests for
information from incoming inquiries.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Veterans and former DoD civilian participants of the U.S. nuclear
testing programs from 1945 to 1992; U.S. military occupation forces
assigned to Hiroshima or Nagasaki from August 6, 1945 to July 1, 1946;
U.S. POWs in Japan at the conclusion of World War II; and DoD
participants involved in the cleanup of the Pacific Proving Ground
nuclear tests from the 1960s to 1980.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name, service number, Social Security Number (SSN), date of birth,
place of birth, gender, last known or current address, home/cell phone
number, DoD ID number, dates and extent of test participation,
radiation exposure data, unit of assignment, medical data, rank, grade,
service affiliation, and documentation relative to administrative
claims or civil litigation.
RECORD SOURCE CATEGORIES:
Retired Military Personnel records from the National Personnel
Records Center, all versions of the US DTRA Form 150 from individuals
voluntarily contacting DTRA or other elements of DoD or other
Government Agencies by phone or mail. DoD historical records, dosimetry
records, and records from the Department of Energy (DOE), the VA, the
Social Security Administration, the Internal Revenue Service, and the
Department of Health and Human Services (HHS).
[[Page 46230]]
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act of 1974, as amended, all or a portion of the
records or information contained herein may specifically be disclosed
outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3):
A. To contractors, grantees, experts, consultants, students, and
others performing or working on a contract, service, grant, cooperative
agreement, or other assignment for the federal government when
necessary to accomplish an agency function related to this system of
records.
B. To the appropriate Federal, State, local, territorial, tribal,
foreign, or international law enforcement authority or other
appropriate entity where a record, either alone or in conjunction with
other information, indicates a violation or potential violation of law,
whether criminal, civil, or regulatory in nature.
C. To any component of the DOJ for the purpose of representing the
DoD, or its components, officers, employees, or members in pending or
potential litigation to which the record is pertinent.
D. In an appropriate proceeding before a court, grand jury, or
administrative or adjudicative body or official, when the DoD or other
Agency representing the DoD determines that the records are relevant
and necessary to the proceeding; or in an appropriate proceeding before
an administrative or adjudicative body when the adjudicator determines
the records to be relevant to the proceeding.
E. To the National Archives and Records Administration (NARA) for
the purpose of records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906.
F. To a Member of Congress or staff acting upon the Member's behalf
when the Member or staff requests the information on behalf of, and at
the request of, the individual who is the subject of the record.
G. To appropriate agencies, entities, and persons when (1) the DoD
suspects or confirms breach of the system of records; (2) the DoD
determines as a result of the suspected or confirmed breach there is a
risk of harm to individuals, the DoD (including its information
systems, programs, and operations), the Federal Government, or national
security; and (3) the disclosure made to such agencies, entities, and
persons is reasonably necessary to assist in connection with the DoD's
efforts to respond to the suspected or confirmed breach or to prevent,
minimize, or remedy such harm.
H. To another Federal agency or Federal entity, when the DoD
determines information from this system of records is reasonably
necessary to assist the recipient agency or entity in (1) responding to
a suspected or confirmed breach or (2) preventing, minimizing, or
remedying the risk of harm to individuals, the recipient agency or
entity (including its information systems, programs and operations),
the Federal Government, or national security, resulting from a
suspected or confirmed breach.
I. To such recipients and under such circumstances and procedures
as are mandated by Federal statute or treaty.
J. To the VA for the purpose of processing claims by individuals
who allege service-connected disabilities as a result of participation
in nuclear test programs or military operations, as well as litigation
actions.
K. To the DOJ and the Department of Labor (DOL) for the purpose of
processing claims by individuals alleging job-related disabilities as a
result of participation in nuclear test programs or military
operations, and for litigation actions.
L. To the DOE for the purpose of identifying DOE employees and
contractor personnel who were, or may be in the future, involved in
nuclear test programs or military operations and for DOE's use in
processing claims or litigation actions.
M. To the HHS and Vanderbilt University for the purpose of
conducting epidemiological studies on the effects of ionizing radiation
on participants of nuclear test programs.
N. To the Veterans Board on Dose Reconstruction for the purpose of
aiding officials reviewing and overseeing the DoD Radiation Dose
Reconstruction Program.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records may be stored electronically or on paper in secure
facilities in a locked drawer behind a locked door. The records may be
stored on magnetic disc, tape, or digital media; in agency-owned cloud
environments; or in vendor Cloud Service Offerings certified under the
Federal Risk and Authorization Management Program (FedRAMP).
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
The records may be retrieved by name, SSN, DoD Identification
Number, or any combination of the foregoing.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are permanent. DTRA retains physical and legal custody for
75 years after case termination, then the records are transferred and
accessioned to the NARA.
ADMINISTRATIVE, TECHNICAL AND PHYSICAL SAFEGUARDS:
Administrative: Backups secured off-site, encryption of backups
containing sensitive data, methods to ensure only authorized personnel
access to PII, periodic security audits, and records are limited to
person(s) responsible for servicing the record in the performance of
their official duties and who are properly screened and cleared for
need-to-know. Technical: Encryption of data at rest, firewall, role-
based access controls, Virtual Private Network (VPN), Common Access
Card (CAC), encryption of data in transit, intrusion detection system
(IDS), DoD public key infrastructure certificates, least privilege
access, user identification and password. Physical safeguards: Cipher
locks, combination locks, key card, security guards, closed circuit
(CCTV), identification badges, safes. Security Guards and CCTV are used
at some sites. Records are maintained in a controlled facility and
entry is restricted by the use of security guards and intrusion alarm
systems. Paper records, microfilm/fiche, and computer systems are
accessible only by authorized personnel. Access to digital data
requires user validation prior to use.
RECORD ACCESS PROCEDURES:
Individuals seeking access to information about themselves
contained in this system of records should address written requests to
the Defense Threat Reduction Agency, IT-KT (FOIA/Privacy Office), 8725
John J. Kingman Drive, Ft. Belvoir, VA 22060-6201. Signed written
requests should include the individual's full name, telephone number,
street address, email address, and name and number of this system of
records notice (SORN). In addition, the requestor must provide either a
notarized statement or a declaration made in accordance with 28 U.S.C.
1746, using the following format:
If executed outside the United States: ``I declare (or certify,
verify, or state) under penalty of perjury under the laws of the United
States of America that the foregoing is true and correct. Executed on
(date). (Signature).''
If executed within the United States, its territories, possessions,
or commonwealths: ``I declare (or certify, verify, or state) under
penalty of perjury
[[Page 46231]]
that the foregoing is true and correct. Executed on (date).
(Signature).''
For personal visits to access records at DTRA, the individual will
be required to provide a military or civilian identification card.
CONTESTING RECORD PROCEDURES:
The DoD rules for accessing records, contesting contents, and
appealing initial Component determinations are contained in 32 CFR part
310, or may be obtained from the system manager.
NOTIFICATION PROCEDURES:
Individuals seeking to determine whether information about
themselves is contained in this system of records should follow the
instructions for Record Access Procedures above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
August 26, 2009, 74 FR 54975; May 11, 2012, 77 FR 27739.
[FR Doc. 2021-17694 Filed 8-17-21; 8:45 am]
BILLING CODE 5001-06-P
