This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

36797

Vol. 65, No. 113

Monday, June 12, 2000

NATIONAL CREDIT UNION

ADMINISTRATION

12 CFR Part 792

The Production of Nonpublic Records

and Testimony of NCUA Employees in

Legal Proceedings and the Privacy Act

AGENCY: National Credit Union

Administration (NCUA).

ACTION: Proposed rule.

SUMMARY: NCUA proposes to make

minor and technical revisions to its

regulation implementing the Privacy

Act of 1974 (PA). The proposal updates

the rule to conform to current law

governing the method an individual

may use to establish his or her identity

to obtain access to protected records and

the requirements for the release of

medical records. The proposed rule

changes time limits so that they conform

more closely to those under the

Freedom of Information Act (FOIA) and

clarifies that the agency maintains four,

rather than three, systems of records

subject to exemptions under the PA.

The proposal also updates the rule to

reflect organizational changes within

NCUA and corrects cross-references in

Subpart C.

DATES: Comments must be received on

or before August 11, 2000.

ADDRESSES: Direct comments to Becky

Baker, Secretary of the Board. Mail or

hand-deliver comments to: National

Credit Union Administration, 1775

Duke Street, Alexandria, Virginia

22314–3428. Fax comments to (703)

518–6319. E-mail comments to

boardmail@ncua.gov. Please send

comments by one method only.

FOR FURTHER INFORMATION CONTACT:

Dianne M. Salva, Staff Attorney,

Division of Operations, Office of

General Counsel, at the above address or

telephone: (703) 518–6540.

SUPPLEMENTARY INFORMATION: The PA, 5

U.S.C. 552a, governs the collection,

maintenance, use and disclosure of

personal information in a federal

agency’s systems of records. NCUA’s PA

regulation sets forth procedures for

individuals to follow to obtain access to

records about themselves in systems of

records. It also permits the amendment

of any inaccurate records and places

restrictions on the disclosure of

information in the records.

As part of a government-wide

initiative, NCUA recently reviewed its

practices related to privacy and personal

information in federal records. In its

review of the agency systems of records,

it identified several changes in

recordkeeping practices and agency

organization. As a result of that review,

NCUA revised its systems notices to

make them clearer and simpler and to

eliminate redundancies. 65 FR 3486,

January 21, 2000. Now, as a result of its

review of the PA regulation, NCUA

proposes to update the regulation to

reflect current law, terminology and

organizational functions and clarify

which of its systems of records are

subject to PA exemptions.

The revisions are minor or technical

in nature. The changes seek to align PA

processing more closely with Office and

Management and Budget (OMB)

guidelines and FOIA, 5 U.S.C. 552,

practices. Specifically, the current

regulation calls for an agency response

within 10 working days of receipt. The

PA itself does not set a time limit for

agency responses. OMB guidelines

recommend that agencies acknowledge

requests within 10 days and, when

records will be produced, do so within

30 days. 40 FR 28957, July 9, 1975. For

ease of administration, NCUA proposes

to adopt processing time limits similar

to those imposed by the FOIA: 20

working days to respond to initial PA

requests, with a 10-day extension if

necessary. The proposal also changes

the time period for an individual to file

an appeal of an adverse decision,

currently 180 days, to the time period

commonly used in the FOIA context,

which is 30 days. The current regulation

sets the copying fee at $0.25 per page.

In connection with the FOIA, NCUA

establishes a fee schedule adjusted

periodically to reflect actual costs. The

current rate for copies on the NCUA

FOIA fee schedule is $0.05 per page.

The proposal makes the copying fee for

PA records the same as the fee on the

FOIA fee schedule.

The proposal eliminates the

requirement in the current regulation

that an individual produce a notarized

statement affirming his identity when

he is seeking access to a record about

himself and he cannot produce

documentation to establish his identity,

or when he submits a request by mail.

Current case law requires that an

individual need only submit an

unsworn declaration, subscribed to as

true under penalty of perjury. Summers

v. DOJ, 999 F.2d 570 (D.C. Cir. 1993).

The current regulation requires that

an NCUA official determine whether to

release to an individual his non-exempt

medical information in a system of

records. The proposal eliminates that

provision and conforms the rule to

current law that holds that an agency

may impose special procedures to

minimize the potential harm to an

individual from disclosure of sensitive

medical records, but ultimately the

agency must ensure that the individual

receives all nonexempt medical records.

Benavides v. Bureau of Prisons, 995

F.2d 269 (D.C. Cir. 1993).

The proposal also amends the

regulation to reflect the correct number

of systems of records subject to a PA

exemption. The PA requires agencies to

promulgate a rule to exempt a system of

records from its access and notice

provisions. The following four of

NCUA’s notices of systems of records

state that the systems are exempt from

certain provisions of the PA: NCUA–1,

Employee Suitability and Security

Investigations Containing Adverse

Information, NCUA, and; NCUA–8,

Investigative Reports Involving Any

Crime, Suspected Crime or Suspicious

Activity Against a Credit Union, NCUA,

and; NCUA–11, Office of Inspector

General (OIG) Investigative Records,

and; NCUA–13, Litigation Case Files,

NCUA. However, the current regulation

only describes three systems subject to

exemption from provisions of the PA,

excluding the Litigation Case Files

system. 12 CFR 792.34.

The Litigation Case Files system,

designated NCUA–13, will be exempt

from subsections (c)(3), (d), (e)(1),

(e)(4)(G), (H), (I) and (f) of the PA. 5

U.S.C. 552a (c)(3), (d),(e)(1), (e)(4)(G),

(H), (I) and (f). Because the system

covers investigatory materials compiled

for law enforcement purposes, it is

eligible for these exemptions under

subsection (k)(2) of the PA. 5 U.S.C.

552a(k)(2). However, if an individual is

denied any right, privilege, or benefit to

which the individual would otherwise

36798 Federal Register / Vol. 65, No. 113 / Monday, June 12, 2000 / Proposed Rules

be entitled by federal law, or for which

the individual otherwise would be

eligible, as a result of the maintenance

of such records, the records or

information will be made available to

the individual, provided the identity of

a confidential source is not disclosed.

The records in the Litigation Case Files

system are used in connection with the

execution of NCUA’s legal and

enforcement responsibilities. These files

may contain unverified, unsolicited

statements, sometimes received from

confidential sources. In addition,

investigative reports and other internal

agency memoranda concerning

violations of laws or regulations may be

included in the files. The NCUA Board

believes that the disclosure of the

existence of such information in the

files or the nature of information

obtained in law enforcement

investigations may seriously hamper

and undermine effective enforcement

actions. Disclosure might prematurely

alert individuals that they are under

investigation or provide access to

evidentiary information. Similarly, this

system must be exempt from the PA

provision requiring agencies to make an

accounting of disclosures from the

system upon request from the

individual. An accounting would risk

revealing to the individual that NCUA

has forwarded records to the U.S.

Department of Justice for consideration

of criminal proceedings. If such an

accounting were required, an individual

might flee the jurisdiction or otherwise

interfere with criminal prosecution.

During litigation, authorized NCUA

employees may disclose case file

information within the bounds of

discovery rules.

Finally, the proposal also corrects

certain cross-references in Subpart C

that are necessary due to earlier

revisions of part 792. 63 FR 14338,

March 25, 1998.

Regulatory Procedures

Paperwork Reduction Act

This regulation, if adopted, will

impose no additional information

collection, reporting or recordkeeping

requirements.

Regulatory Flexibility Act

Pursuant to section 605(b) of the

Regulatory Flexibility Act (5 U.S.C.

605(b)), NCUA certifies that this

proposed rule will not have a significant

economic impact on a substantial

number of small entities. NCUA expects

that this proposal will not: (1) Have

significant secondary or incidental

effects on a substantial number of small

entities; or (2) create any additional

burden on small entities. These

conclusions are based on the fact that

the proposed regulations are minor

changes intended to simplify and clarify

agency recordkeeping and disclosure

procedures. Accordingly, a regulatory

flexibility analysis is not required.

Executive Order 13132

Executive Order 13132 encourages

independent regulatory agencies to

consider the impact of their regulatory

actions on state and local interests. In

adherence to fundamental federalism

principles, NCUA, an independent

regulatory agency as defined in 44

U.S.C. 3502(5), voluntarily complies

with the executive order. This proposed

rule, if adopted, is procedural in nature

and will not have substantial direct

effects on the states, on the relationship

between the national government and

the states, or on the distribution of

power and responsibilities among the

various levels of government. NCUA has

determined that the proposed rule does

not constitute a policy that has

federalism implications for purposes of

the executive order.

The Treasury and General Government

Appropriations Act, 1999—Assessment

of Federal Regulations and Policies on

Families

The NCUA has determined that this

proposed rule will not affect family

well-being within the meaning of

section 654 of the Treasury and General

Government Appropriations Act, 1999,

Pub. L. 105–277, 112 Stat. 2681 (1998).

Agency Regulatory Goal

NCUA’s goal is to promulgate clear

and understandable regulations that

impose minimal regulatory burden. We

request your comments on whether the

proposed amendment is understandable

and minimally intrusive if implemented

as proposed.

List of Subjects in 12 CFR Part 792

Administrative practice and

procedure, Archives and records, Credit

unions, Information, Records.

By the National Credit Union

Administration Board on June 6, 2000.

Becky Baker,

Secretary of the Board.

For the reasons set out in the

preamble, the NCUA proposes to amend

12 CFR Part 792 as follows:

PART 792—REQUESTS FOR

INFORMATION UNDER THE FREEDOM

OF INFORMATION ACT AND PRIVACY

ACT, AND BY SUBPOENA; SECURITY

PROCEDURES FOR CLASSIFIED

INFORMATION

1. The authority citation for part 792

continues to read as follows:

Authority: 5 U.S.C. 301, 552, 552a, 552b;

12 U.S.C. 1752a(d), 1766, 1789, 1795f; E.O.

12600, 52 FR 23781, 3 CFR, 1987 Comp., p.

235; E.O. 12958, 60 FR 19825, 3 CFR, 1995

Comp., p. 333.

§ 792.41 [Amended]

2. In § 792.41, remove ‘‘ § 792.4(b)(2)’’

and add, in its place, ‘‘§ 792.32.’’

§ 792.47 [Amended]

3. In § 792.47(b), remove ‘‘§ 792.5’’

and add, in its place, ‘‘§ 792.19.’’

§ 792.49 [Amended]

4. In § 792.49, in the definition of

Nonpublic records, remove ‘‘§ 792.3’’

and add, in its place, ‘‘§ 792.11’’.

5. Amend § 792.55 by revising

paragraph (a)(3) to read as follows:

§ 792.55 Times, places and requirements

for identification of individuals making

requests and identification of records

requested.

(a) * * *

(3) An individual seeking access to

records about himself by mail or in

person, who cannot provide the

required documentation or

identification, may provide an unsworn

declaration subscribed to as true under

penalty of perjury.

* * * * *

6. Amend § 792.56 by revising

paragraphs (b)(1), (b)(2) and (b)(3) to

read as follows:

§ 792.56 Notice of existence of records,

access decisions and disclosure of

requested information; time limits.

* * * * *

(b) * * *

(1) A request concerning a single

system of records which does not

require consultation with or requisition

of records from another agency will be

responded to within 20 working days

after receipt of the request.

(2) A request requiring requisition of

records from or consultation with

another agency will be responded to

within 30 working days of receipt of the

request.

(3) If a request under paragraphs (b)(1)

or (2) of this section presents unusual

difficulties in determining whether the

records involved are exempt from

disclosure, the Privacy Act Officer, in

the Office of General Counsel, may

Federal Register / Vol. 65, No. 113 / Monday, June 12, 2000 / Proposed Rules 36799

extend the time period established by

the regulations by 10 working days.

* * * * *

7. Amend § 792.57 by revising

paragraph (b) to read as follows:

§ 792.57 Special Procedures: Information

furnished by other agencies; medical

records.

* * * * *

(b) When an individual requests

medical records concerning himself, the

NCUA official responsible for action on

the request may advise the individual

that the records to be released will be

provided first to a physician designated

in writing by the individual. The

physician will provide the records to

the individual.

8. Amend § 792.58 by revising the

fourth sentence of paragraph (a) to read

as follows:

§ 792.58 Requests for correction or

amendment to a record; administrative

review of requests.

* * * * *

(a) * * * An individual who does not

have access to NCUA’s ‘‘Notice of

Systems of Records,’’ and to whom the

appropriate address is otherwise

unavailable, may submit a request to the

Privacy Act Officer, Office of General

Counsel, National Credit Union

Administration, 1775 Duke Street,

Alexandria, Virginia, 22314–3428, in

which case the request will then be

referred to the appropriate NCUA

official.* * *

* * * * *

9. Amend § 792.59 by revising

paragraph (e) to read as follows:

§ 792.59 Appeal of initial determination.

* * * * *

(e) If access is denied because of an

exemption, the individual will be

notified of the right to appeal that

determination to the General Counsel

within 30 days after receipt. Appeals

will be determined within 20 working

days.

10. Amend § 792.65 by revising

paragraph (a)(1) to read as follows:

§ 792.65 Fees.

(a) * * *

(1) For copies of documents provided,

copy fees as stated in NCUA’s current

FOIA fee schedule; and

* * * * *

11. Amend § 792.66 by revising the

first sentence of paragraph (a), and the

first two sentences of paragraph (b)(1),

and the first sentence of paragraph

(b)(2), and adding a new paragraph

(b)(4) as follows:

§ 792.66 Exemptions.

(a) NCUA maintains four systems of

records that are exempted from some

provisions of the Privacy Act. * * *

(b)(1) System NCUA–1, entitled

‘‘Employee Suitability Security

Investigations Containing Adverse

Information,’’ consists of adverse

information about NCUA employees

that had been obtained as a result of

routine U.S. Office of Personnel

Management (OPM) security

Investigations. To the extent that NCUA

maintains records in this system

pursuant to OPM guidelines that may

require retrieval of information by use of

individual identifiers, those records are

encompassed by and included in the

OPM Central system of records number

Central-9 entitled, ‘‘Personnel

Investigations Records,’’ and thus are

subject to the exemptions promulgated

by OPM. * * *

(2) System NCUA–8, entitled,

‘‘Investigative Reports Involving Any

Crime or Suspicious Activity Against a

Credit Union, NCUA,’’ consists of

investigatory or enforcement records

about individuals suspected of

involvement in violations of laws or

regulations, whether criminal or

administrative. * * *

* * * * *

(4) System NCUA–13, entitled,

‘‘Litigation Case Files,’’ consists of

investigatory materials compiled for law

enforcement purposes. Records in the

Litigation Case Files system are used in

connection with the execution of

NCUA’s legal and enforcement

responsibilities. Because the system

covers investigatory materials compiled

for law enforcement purposes, it is

eligible for exemption under subsection

(k)(2) of the Privacy Act. 5 U.S.C.

552a(k)(2). The Litigation Case Files

system is exempt from subsections

(c)(3), (d), (e)(1), (e)(4)(G), (H), (I) and (f)

of the Privacy Act. 5 U.S.C. 552a (c)(3),

(d), (e)(1), (e)(4)(G), (H), (I) and (f).

However, if an individual is denied any

right, privilege, or benefit to which he

would otherwise be entitled by federal

law, or for which he otherwise would be

eligible, as a result of the maintenance

of such records, the records or

information will be made available to

him, provided the identity of a

confidential source is not disclosed.

* * * * *

12. Amend § 792.69 by revising the

first sentence of paragraph (a) to read as

follows:

§ 792.69 Training and employee standards

of conduct with regard to privacy.

(a) The Director of the Office of

Training and Development, with advice

from the General Counsel, is responsible

for training NCUA employees in the

obligations imposed by the Privacy Act

and this subpart.* * *

* * * * *

[FR Doc. 00–14784 Filed 6–9–00; 8:45 am]

BILLING CODE 7535–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–NM–329–AD]

RIN 2120–AA64

Airworthiness Directives; McDonnell

Douglas Model MD–90–30 Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Supplemental notice of

proposed rulemaking; reopening of

comment period.

SUMMARY: This document revises an

earlier proposed airworthiness directive

(AD), applicable to certain McDonnell

Douglas Model MD–90–30 series

airplanes, that would have required

replacement of certain ground block

screws with new screws; and

retermination of the circuit ground

wires of the electrical power control

unit (EPCU) to separate grounding

points. That proposal was prompted by

reports of complete loss of the primary

electrical power on an airplane during

flight. This new action revises the

proposed rule by expanding the

applicability of the proposed AD to

include additional airplanes. The

actions specified by this new proposed

AD are intended to prevent a loose

electrical ground block of the circuit

ground wires of the EPCU, which could

result in complete loss of the primary

electrical power of an airplane during

flight.

DATES: Comments must be received by

July 7, 2000.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 99–NM–

329–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9:00 a.m. and 3:00

p.m., Monday through Friday, except

Federal holidays. Comments may also

be sent via the Internet using the

following address: 9-anmnprmcomment@faa.gov. Comments sent