Federal Register / Vol. 71, No. 15 / Tuesday, January 24, 2006 / Rules and Regulations 3781 

decide to hold a public hearing, this 

direct final rule will be revoked and the 

final deadline for submitting comments 

will be extended. EPA will notify any 

persons who submit comments on this 

notice if there is a public hearing. In 

addition, anyone who wishes to learn 

whether the hearing will be held may 

call the EPA representative listed in the 

FOR FURTHER INFORMATION CONTACT

section above. 

Copies of Maine’s application are 

available for inspection and copying at 

the location indicated in the ADDRESSES

section of this direct final rule. 

IV. Regulatory Assessments 

The Office of Management and Budget 

has exempted this type of action from 

the requirements of Executive Order 

12866; therefore, this action is not 

subject to review by OMB. This action 

approves State requirements for the 

purposes of RCRA and imposes no 

additional requirements beyond those 

imposed by State law. Accordingly, this 

action will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). Because this action authorizes 

pre-existing requirements under State 

law and does not impose any additional 

enforceable duty beyond that required 

by State law, it does not contain any 

unfunded mandate or significantly or 

uniquely affect small governments, as 

described in the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4). For 

the same reason, and because this action 

has no effect in Indian country, this 

action also does not significantly or 

uniquely affect the communities or 

Tribal governments, as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000). This action 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, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it merely 

approves State requirements as part of 

the State RCRA program without 

altering the relationship or the 

distribution of power and 

responsibilities established by RCRA. 

This action also is not subject to 

Executive Order 13045 (62 FR 19885, 

April 23, 1997), because it is not 

economically significant and it does not 

make decisions based on environmental 

health or safety risks. This rule is not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355 (May 

22, 2001) ) because it is not a significant 

regulatory action under Executive Order 

12866. 

Under RCRA, EPA grants a State’s 

application as long as the State meets 

the criteria required by RCRA. It would 

thus be inconsistent with applicable law 

for EPA, when it reviews a State 

application, to require the use of any 

particular voluntary consensus standard 

in place of another standard that 

otherwise satisfies the requirements of 

RCRA. Thus, the requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) do not 

apply. 

This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this document and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2) and therefore 

is not subject to the additional 

requirements for major rules. 

List of Subjects 

40 CFR Part 239 

Environmental protection, 

Administrative practice and procedure, 

Intergovernmental relations, Waste 

treatment and disposal. 

40 CFR Part 257 

Waste treatment and disposal. 

40 CFR Part 258 

Reporting and recordkeeping 

requirements, Waste treatment and 

disposal, Water pollution control. 

Authority: This action is issued under the 

authority of the Solid Waste Disposal Act as 

amended 42 U.S.C. 6912, 6945, 6949(a). 

Dated: December 27, 2005. 

Robert Varney, 

Regional Administrator, New England. 

[FR Doc. 06–627 Filed 1–23–06; 8:45 am] 

BILLING CODE 6560–50–P 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Part 105 

[GSPMR Amendment 2006–01; GSPMR 

Case 2006–105–1] 

General Services Administration 

Property Management Regulations; 

GSA Privacy Act Rules 

AGENCY: Office of the Chief People 

Officer, General Services 

Administration (GSA). 

ACTION: Final rule. 

SUMMARY: The General Services 

Administration (GSA) is revising its 

Privacy Act rules to reflect 

organizational changes and to update 

policies and procedures. This revision 

informs individuals of procedures for 

obtaining personal information in GSA’s 

systems of records and provides current 

organizational titles and addresses of 

offices to contact about the GSA Privacy 

Program and the systems of records that 

are maintained by GSA. 

DATES: Effective January 24, 2006. 

FOR FURTHER INFORMATION CONTACT: GSA 

Privacy Act Officer, General Services 

Administration, Office of the Chief 

People Officer, 1800 F Street NW, 

Washington DC 20405; telephone (202) 

501–1452; or e-mail at 

gsa.privacyact@gsa.gov. 

ADDRESSES: GSA Privacy Act Officer 

(CIB), General Services Administration, 

1800 F Street NW, Washington, DC 

20405. 

SUPPLEMENTARY INFORMATION: 

A. Background 

GSA undertook a project that focused 

on making sure that all GSA Privacy Act 

Rules are still relevant, necessary, and 

covered by a legal or regulatory 

authority and that the GSA regulations 

implementing the Privacy Act Rules 

reflect the current GSA organization, 

policies, standards, and practices. As a 

result of this review GSA is publishing 

updated Privacy Act Rules. Nothing in 

the final rule indicates a change in 

authorities or practices regarding the 

collection and maintenance of 

information. The changes do not impact 

individuals’ rights to access or amend 

their records in the systems of records. 

B. Executive Order 12866 

This is not a significant regulatory 

action and, therefore, was not subject to 

review under Section 6(b) of Executive 

Order 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 


rmajette on PROD1PC67 with RULES
3782 Federal Register / Vol. 71, No. 15 / Tuesday, January 24, 2006 / Rules and Regulations 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act does 

not apply to this final rule. It is not 

expected to have a significant economic 

impact on small business entities within 

the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq. 

D. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the rule imposes no 

record keeping or information collection 

requirements nor the collection of 

information from offerors, contractors, 

or members of the public that would 

require the approval of the Office of 

Management and Budget (OMB) under 

44 U.S.C. 3501, et seq.; and the rule is 

exempt from Congressional review 

under 5 U.S.C. 801. 

List of Subjects in 41 CFR Part 105–64 

Privacy. 

Dated: January 11, 2006. 

June V. Huber, 

Director,Office of Information 

Management,Office of the Chief People 

Officer. 

■ Therefore, GSA is revising 41 CFR 

part 105–64 as follows: 

PART 105–64—GSA PRIVACY ACT 

RULES 

Sec. 

105–64.000 What is the purpose of this 

part? 

105–64.001 What terms are defined in this 

part? 

Subpart 105–64.1—Policies and 

Responsibilities 

105–64.101 Who is responsible for 

enforcing these rules? 

105–64.102 What is GSA’s policy on 

disclosure of information in a system of 

records? 

105–64.103 What is GSA’s policy on 

collecting and using information in a 

system of records? 

105–64.104 What must the system manager 

tell me when soliciting information for a 

system of records? 

105–64.105 When may Social Security 

Numbers (SSNs) be collected? 

105–64.106 What is GSA’s policy on 

information accuracy in a system of 

records? 

105–64.107 What standards of conduct 

apply to employees with privacy-related 

responsibilities? 

105–64.108 How does GSA safeguard 

personal information? 

105–64.109 How does GSA handle other 

agencies’ records? 

105–64.110 When may GSA establish 

computer matching programs? 

105–64.111 What is GSA’s policy on 

directives that may conflict with these 

rules? 

Subpart 105–64.2—Access to Records 

105–64.201 How do I get access to my 

records? 

105–64.202 How do I request access in 

person? 

105–64.203 How do I request access in 

writing? 

105–64.204 Can parents and guardians 

obtain access to records? 

105–64.205 Who will provide access to my 

records? 

105–64.206 How long will it take to get my 

record? 

105–64.207 Are there any fees? 

105–64.208 What special conditions apply 

to release of medical records? 

105–64.209 What special conditions apply 

to accessing law enforcement and 

security records? 

Subpart 105–64.3—Denial of Access to 

Records 

105–64.301 Under what conditions will I be 

denied access to a record? 

105–64.302 How will I be denied access? 

105–64.303 How do I appeal a denial to 

access a record? 

105–64.304 How are administrative appeal 

decisions made? 

105–64.305 What is my recourse to an 

appeal denial? 

Subpart 105–64.4—Amending Records 

105–64.401 Can I amend my records? 

105–64.402 What records are not subject to 

amendment? 

105–64.403 What happens when I submit a 

request to amend a record? 

105–64.404 How do I agree to an alternative 

amendment? 

105–64.405 Can I appeal a denial to amend 

a record? 

105–64.406 How will my appeal be 

handled? 

105–64.407 How do I file a Statement of 

Disagreement? 

105–64.408 What is my recourse to a denial 

decision? 

Subpart 105–64.5—Disclosure of Records 

105–64.501 Under what conditions may a 

record be disclosed without my consent? 

105–64.502 How do I find out if my record 

has been disclosed? 

105–64.503 What is an accounting of 

disclosures? 

105–64.504 Under what conditions will I be 

denied an accounting of disclosures? 

Subpart 105–64.6—Establishing or Revising 

Systems of Records in GSA 

105–64.601 Procedures for establishing 

system of records. 

Subpart 105–64.7—Assistance and Referrals 

105–64.701 Submittal of requests for 

assistance and referrals. 

Appendix A to Part 105–64—Addresses for 

Geographically Dispersed Records 

Authority: 5 U.S.C. 552a. 

§ 105–64.000 What is the purpose of this 

part? 

This part implements the General 

Services Administration (GSA) rules 

under the Privacy Act of 1974, 5 U.S.C. 

552a, as amended. The rules cover the 

GSA systems of records from which 

information is retrieved by an 

individual’s name or personal identifier. 

These rules set forth GSA’s policies and 

procedures for accessing, reviewing, 

amending, and disclosing records 

covered by the Privacy Act. 

§ 105–64.001 What terms are defined in 

this part? 

GSA defines the following terms to 

ensure consistency of use and 

understanding of their meaning under 

this part: 

Agency means any organization 

covered by the Privacy Act as defined in 

5 U.S.C. 551(1) and 5 U.S.C. 552a (a)(1). 

GSA is such an agency. 

Individual means a citizen of the 

United States or a legal resident alien on 

whom GSA maintains Privacy Act 

records. An individual may be 

addressed as you when information is 

provided for the individual’s use. 

System of records means a group of 

records from which information is 

retrieved by the name of an individual, 

or by any number, symbol, or other 

identifier assigned to that individual. 

Record means any item, collection, or 

grouping of information about an 

individual within a system of records 

which contains the individual’s name or 

any other personal identifier such as 

number or symbol, fingerprint, 

voiceprint, or photograph. The 

information may relate to education, 

financial transactions, medical 

conditions, employment, or criminal 

history collected in connection with an 

individual’s interaction with GSA. 

Request for access means a request by 

an individual to obtain or review his or 

her record or information in the record. 

Disclosure of information means 

providing a record or the information in 

a record to someone other than the 

individual of record. 

Exempt records means records 

exempted from access by an individual 

under the Privacy Act, subsections (j)(1), 

Central Intelligence Agency, (j)(2) and 

(k)(2), law enforcement, (k)(1), Section 

552 (b)(1), (k)(3), protective services to 

the President, (k)(4), statistical records, 

(k)(5), employee background 

investigations, (k)(6), federal service 

disclosure, and (k)(7), promotion in 

armed services. 

Solicitation means a request by an 

officer or employee of GSA for an 

individual to provide information about 

himself or herself for a specified 

purpose. 

Routine use means disclosure of a 

record outside GSA for the purpose for 


rmajette on PROD1PC67 with RULES
Federal Register / Vol. 71, No. 15 / Tuesday, January 24, 2006 / Rules and Regulations 3783 

which it is intended, as specified in the 

systems of records notices. 

Computer matching program means 

the computerized comparison of two or 

more Federal personnel or payroll 

systems of records, or systems of records 

used to establish or verify an 

individual’s eligibility for Federal 

benefits or to recoup delinquent debts. 

System manager means the GSA 

associate responsible for a system of 

records and the information in it, as 

noted in the Federal Register systems of 

records notices. 

Subpart 105–64.1—Policies and 

Responsibilities 

§ 105–64.101 Who is responsible for 

enforcing these rules? 

GSA Heads of Services and Staff 

Offices and Regional Administrators are 

responsible for ensuring that all systems 

of records under their jurisdiction meet 

the provisions of the Privacy Act and 

these rules. System managers are 

responsible for the system(s) of records 

assigned to them. The GSA Privacy Act 

Officer oversees the GSA Privacy 

Program and establishes privacy-related 

policy and procedures for the agency 

under the direction of the GSA Senior 

Agency Official for Privacy. 

§ 105–64.102 What is GSA’s policy on 

disclosure of information in a system of 

records? 

No information contained in a Privacy 

Act system of records will be disclosed 

to third parties without the written 

consent of you, the individual of record, 

except under the conditions cited in 

§ 105–64.501. 

§ 105–64.103 What is GSA’s policy on 

collecting and using information in a 

system of records? 

System managers must collect 

information that is used to determine 

your rights, benefits, or privileges under 

GSA programs directly from you 

whenever practical, and use the 

information only for the intended 

purpose(s). 

§ 105–64.104 What must the system 

manager tell me when soliciting personal 

information? 

When soliciting information from you 

or a third party for a system of records, 

system managers must: cite the 

authority for collecting the information; 

say whether providing the information 

is mandatory or voluntary; give the 

purpose for which the information will 

be used; state the routine uses of the 

information; and describe the effect on 

you, if any, of not providing the 

information. Any information 

solicitation forms will contain this 

information. 

§ 105–64.105 When may Social Security 

Numbers (SSNs) be collected? 

Statutory or regulatory authority must 

exist for collecting Social Security 

Numbers for record systems that use the 

SSNs as a method of identification. 

Systems without statutory or regulatory 

authority implemented after January 1, 

1975, will not collect Social Security 

Numbers. 

§ 105–64.106 What is GSA’s policy on 

information accuracy in a system of 

records? 

System managers will ensure that all 

Privacy Act records are accurate, 

relevant, necessary, timely, and 

complete. 

§ 105–64.107 What standards of conduct 

apply to employees with privacy-related 

responsibilities? 

Employees who design, develop, 

operate, or maintain Privacy Act record 

systems will protect system security, 

avoid unauthorized disclosure of 

information, both verbal and written, 

and ensure that no system of records is 

maintained without public notice. All 

such employees will follow the 

standards of conduct in 5 CFR part 

2635, 5 CFR part 6701, 5 CFR part 735, 

and 5 CFR part 2634 to protect personal 

information. 

§ 105–64.108 How is personal information 

safeguarded? 

System managers will establish 

administrative, technical, and physical 

safeguards to ensure the security and 

confidentiality of records, protect the 

records against possible threats or 

hazards, and permit access only to 

authorized persons. Automated systems 

will incorporate security controls such 

as password protection, verification of 

identity of authorized users, detection of 

break-in attempts, firewalls, or 

encryption, as appropriate. 

§ 105–64.109 How does GSA handle other 

agencies’ records? 

In cases where GSA has either 

permanent or temporary custody of 

other agencies’ records, system 

managers will coordinate with those 

agencies on any release of information. 

Office of Personnel Management (OPM) 

records that are in GSA’s custody are 

subject to OPM’s Privacy Act rules. 

§ 105–64.110 When may GSA establish 

computer matching programs? 

System managers will establish 

computer matching programs or 

agreements for sharing information with 

other agencies only with the consent 

and under the direction of the GSA Data 

Integrity Board that will be established 

when and if computer matching 

programs are used at GSA. 

§ 105–64.111 What is GSA’s policy on 

directives that may conflict with these 

rules? 

These rules take precedence over any 

GSA directive that may conflict with the 

requirements stated here. GSA officials 

will ensure that no such conflict exists 

in new or existing directives. 

Subpart 105–64.2—Access to Records 

§ 105–64.201 How do I get access to my 

records? 

You may request access to your record 

in person or by writing to the system 

manager or, in the case of 

geographically dispersed records, to the 

office maintaining the records (see 

Appendix A). Parents or guardians may 

obtain access to records of minors or 

when a court has determined that the 

individual of record is incompetent. 

§ 105–64.202 How do I request access in 

person? 

If appearing in person, you must 

properly identify yourself through 

photographic identification such as an 

agency identification badge, passport, or 

driver’s license. Records will be 

available during normal business hours 

at the offices where the records are 

maintained. You may examine the 

record and be provided a copy on 

request. If you want someone else to 

accompany you when reviewing a 

record, you must first sign a statement 

authorizing the disclosure of the record; 

the statement will be maintained with 

your record. 

§ 105–64.203 How do I request access in 

writing? 

If you request access in writing, mark 

both the envelope and the request letter 

‘‘Privacy Act Request.’’ Include in the 

request your full name and address; a 

description of the records you seek; the 

title and number of the system of 

records as published in the Federal 

Register; a brief description of the 

nature, time, and place of your 

association with GSA; and any other 

information you believe will help in 

locating the record. 

§ 105–64.204 How do parents or guardians 

obtain access to records? 

If you are the parent or guardian of a 

minor, or of a person judicially 

determined to be incompetent, you must 

provide full information about the 

individual of record. You also must 

properly identify yourself and provide a 

copy of the birth certificate of the 

individual, or a court order establishing 

guardianship, whichever applies. 


rmajette on PROD1PC67 with RULES
3784 Federal Register / Vol. 71, No. 15 / Tuesday, January 24, 2006 / Rules and Regulations 

§ 105–64.205 Who will provide access to 

my record? 

The system manager will make a 

record available to you on request, 

unless special conditions apply, such as 

for medical, law enforcement, and 

security records. 

§ 105–64.206 How long will it take to get 

my record? 

The system manager will make a 

record available within 10 workdays 

after receipt of your request. If a delay 

of more than 10 workdays is expected, 

the system manager will notify you in 

writing of the reason for the delay and 

when the record will be available. The 

system manager may ask you for 

additional information to clarify your 

request. The system manager will have 

an additional 10 workdays after receipt 

of the new information to provide the 

record to you, or provide another 

acknowledgment letter if a delay in 

locating the record is expected. 

§ 105–64.207 Are there any fees? 

No fees are charged for records when 

the total fee is less than $25. The system 

manager may waive the fee above this 

amount if providing records without 

charge is customary or in the public 

interest. When the cost exceeds $25, the 

fee for a paper copy is 10 cents per page, 

and the fee for materials other than 

paper copies is the actual cost of 

reproduction. For fees above $250, 

advance payment is required. You 

should pay by check or money order 

made payable to the General Services 

Administration, and provide it to the 

system manager. 

§ 105–64.208 What special conditions 

apply to release of medical records? 

Medical records containing 

information that may have an adverse 

effect upon a person will be released 

only to a physician designated in 

writing by you, or by your guardian or 

conservator. Medical records in an 

Official Personnel Folder (OPF) fall 

under the jurisdiction of the Office of 

Personnel Management (OPM) and will 

be referred to OPM for a response. 

§ 105–64.209 What special conditions 

apply to access of law enforcement and 

security records? 

Law enforcement and security records 

are generally exempt from disclosure to 

individuals except when the system 

manager, in consultation with legal 

counsel and the Head of the Service or 

Staff Office or Regional Administrator or 

their representatives, determines that 

information in a record has been used 

or is being used to deny you any right, 

privilege, or benefit for which you are 

eligible or entitled under Federal law. If 

so, the system manager will notify you 

of the existence of the record and 

disclose the information, but only to the 

extent that the information does not 

identify a confidential source. If 

disclosure of information could 

reasonably be expected to identify a 

confidential source, the record will not 

be disclosed to you unless it is possible 

to delete all such information. A 

confidential source is a person or 

persons who furnished information 

during Federal investigations with the 

understanding that his or her identity 

would remain confidential. 

Subpart 105–64.3—Denial of Access to 

Records 

§ 105–64.301 Under what conditions will I 

be denied access to a record? 

The system manager will deny access 

to a record that is being compiled in the 

reasonable anticipation of a civil action 

or proceeding or to records that are 

specifically exempted from disclosure 

by GSA in its system of records notices, 

published in the Federal Register. 

Exempted systems include the 

Investigation Case Files, Internal 

Evaluation Case Files, and Security 

Files. These systems are exempted to 

maintain the effectiveness and integrity 

of investigations conducted by the 

Office of Inspector General, and others, 

as part of their duties and 

responsibilities involving Federal 

employment, contracts, and security. 

§ 105–64.302 How will I be denied access? 

If you request access to a record in an 

exempt system of records, the system 

manager will consult with the Head of 

Service or Staff Office or Regional 

Administrator or their representatives, 

legal counsel, and other officials as 

appropriate, to determine if all or part 

of the record may be disclosed. If the 

decision is to deny access, the system 

manager will provide a written notice to 

you giving the reason for the denial and 

your appeal rights. 

§ 105–64.303 How do I appeal a denial to 

access a record? 

If you are denied access to a record in 

whole or in part, you may file an 

administrative appeal within 30 days of 

the denial. The appeal should be in 

writing and addressed to: GSA Privacy 

Act Officer (CIB), General Services 

Administration, 1800 F Street NW, 

Washington DC 20405. Mark both the 

envelope and the appeal letter ‘‘Privacy 

Act Appeal.’’

§ 105–64.304 How are administrative 

appeal decisions made? 

The GSA Privacy Act Officer will 

conduct a review of your appeal by 

consulting with legal counsel and 

appropriate officials. The Privacy Act 

Officer may grant record access if the 

appeal is granted. If the decision is to 

reject the appeal, the Privacy Act Officer 

will provide all pertinent information 

about the case to the Deputy 

Administrator and ask for a final 

administrative decision. The Deputy 

Administrator may grant access to a 

record, in which case the Privacy Act 

Officer will notify you in writing, and 

the system manager will make the 

record available to you. If the Deputy 

Administrator denies the appeal, he or 

she will notify you in writing of the 

reason for rejection and of your right to 

a judicial review. The administrative 

appeal review will take no longer than 

30 workdays after the Privacy Act 

Officer receives the appeal. The Deputy 

Administrator may extend the time limit 

by notifying you in writing of the 

extension and the reason for it before 

the 30 days are up. 

§ 105–64.305 What is my recourse to an 

appeal denial? 

You may file a civil action to have the 

GSA administrative decision overturned 

within two years after the decision is 

made. You may file in a Federal District 

Court where you live or have a principal 

place of business, where the records are 

maintained, or in the District of 

Columbia. 

Subpart 105–64.4—Amending a Record 

§ 105–64.401 Can I amend my record? 

You may request to amend your 

record by writing to the system manager 

with the proposed amendment. Mark 

both the envelope and the letter 

‘‘Privacy Act Request to Amend 

Record.’’

§ 105–64.402 What records are not subject 

to amendment? 

You may not amend the following 

records under the law: 

(a) Transcripts of testimony given 

under oath or written statements made 

under oath. 

(b) Transcripts of grand jury 

proceedings, judicial proceedings, or 

quasi-judicial proceedings which 

constitute the official record of the 

proceedings. 

(c) Pre-sentence reports that are 

maintained within a system of records 

but are the property of the courts. 

(d) Records exempted from 

amendment by notice published in the 

Federal Register. 

§ 105–64.403 What happens when I submit 

a request to amend a record? 

The system manager will consult with 

the Head of Service or Staff Office or 


rmajette on PROD1PC67 with RULES
Federal Register / Vol. 71, No. 15 / Tuesday, January 24, 2006 / Rules and Regulations 3785 

Regional Administrator or their 

representatives, and legal counsel. They 

will determine whether to amend an 

existing record by comparing its 

accuracy, relevance, timeliness, and 

completeness with the amendment you 

propose. The system manager will 

notify you within 10 workdays whether 

your proposed amendment is approved 

or denied. In case of an expected delay, 

the system manager will acknowledge 

receipt of your request in writing and 

provide an estimate of when you may 

expect a decision. If your request to 

amend is approved, the system manager 

will amend the record and send an 

amended copy to you and to anyone 

who had previously received the record. 

If your request to amend is denied, the 

system manager will advise you in 

writing, giving the reason for denial, a 

proposed alternative amendment if 

possible, and your appeal rights. The 

system manager also will notify the GSA 

Privacy Act Officer of any request for 

amendment and its disposition. 

§ 105–64.404 What must I do if I agree to 

an alternative amendment? 

If you agree to the alternative 

amendment proposed by the system 

manager, you must notify the manager 

in writing of your concurrence. The 

system manager will amend the record 

and send an amended copy to you and 

to anyone else who had previously 

received the record. 

§ 105–64.405 Can I appeal a denial to 

amend a record? 

You may file an appeal within 30 

workdays of a denial to amend your 

record by writing to the: GSA Privacy 

Act Officer (CIB), General Services 

Administration, 1800 F Street NW, 

Washington DC 20405. Mark both the 

envelope and the appeal letter ‘‘Privacy 

Act Amendment Appeal.’’ Appeals to 

amend records in a GSA employee’s 

official personnel file will be sent to the 

Office of Personnel Management, 

Washington DC 20415. 

§ 105–64.406 How will my appeal be 

handled? 

The GSA Privacy Act Officer will 

consult with legal counsel and 

appropriate GSA officials concerning 

your appeal. If they decide to reject your 

appeal, the Privacy Act Officer will 

provide the Deputy Administrator with 

all pertinent information about the case 

and request a final administrative 

decision. The Deputy Administrator 

may approve your amendment, in 

which case the Privacy Act Officer will 

notify you in writing, and the system 

manager will amend the record and 

send an amended copy to you and 

anyone who had previously been 

provided with the record. If the Deputy 

Administrator denies the appeal, he or 

she will notify you in writing of the 

reason for denial, of your right to a 

judicial review, and of your right to file 

a Statement of Disagreement. The 

amendment appeal review will be made 

within 30 workdays after the Privacy 

Act Officer receives your appeal. The 

Deputy Administrator may extend the 

time limit by notifying you in writing of 

the reason for the extension before the 

30 days are up. 

§ 105–64.407 How do I file a Statement of 

Disagreement? 

You may file a Statement of 

Disagreement with the system manager 

within 30 days of the denial to amend 

a record. The statement should explain 

why you believe the record to be 

inaccurate, irrelevant, untimely, or 

incomplete. The system manager will 

file the statement with your record, 

provide a copy to anyone who had 

previously received the record, and 

include a copy of it in any future 

disclosure. 

§ 105–64.408 What is my recourse to a 

denial decision? 

You may file a civil action to have the 

GSA decision overturned within two 

years after denial of an amendment 

appeal. You may file the civil action in 

a Federal District Court where you live 

or have a principal place of business, 

where the records are maintained, or in 

the District of Columbia. 

Subpart 105–64.5—Disclosure of 

Records 

§ 105–64.501 Under what conditions may a 

record be disclosed without my consent? 

A system manager may disclose your 

record without your consent under the 

Privacy Act when the disclosure is: to 

GSA officials or employees in the 

performance of their official duties; 

required by the Freedom of Information 

Act; for a routine use stated in a Federal 

Register notice; to the Bureau of the 

Census for use in fulfilling its duties; for 

statistical research or reporting, and 

only when the record is not individually 

identifiable; to the National Archives 

and Records Administration (NARA) 

when the record has been determined to 

be of historical or other value that 

warrants permanent retention; to a U.S. 

law enforcement agency or 

instrumentality for a civil or criminal 

law enforcement purpose; under 

compelling circumstances affecting an 

individual’s health and safety, and upon 

disclosure a notification will be sent to 

the individual; to Congress or its 

committees and subcommittees when 

the record material falls within their 

jurisdiction; to the Comptroller General 

or an authorized representative in the 

performance of the duties of the 

Government Accountability Office 

(GAO); under a court order; or to a 

consumer reporting agency under the 

Federal Claims Collection Act of 1966, 

31 U.S.C. 3711. 

§ 105–64.502 How do I find out if my 

record has been disclosed? 

You may request an accounting of the 

persons or agencies to whom your 

record has been disclosed, including the 

date and purpose of each disclosure, by 

writing to the system manager. Mark 

both the envelope and the letter 

‘‘Privacy Act Accounting Request.’’ The 

system manager will provide the 

requested information in the same way 

as that for granting access to records, see 

Subpart 105–64.2, providing no 

restrictions to disclosure or accounting 

of disclosures applies. 

§ 105–64.503 What is an accounting of 

disclosures? 

The system manager maintains an 

account of each record disclosure for 

five years or for the life of the record, 

whichever is longer. The accounting of 

disclosure information includes the 

name of the person or agency to whom 

your record has been provided, the date, 

the type of information disclosed, and 

the reason for disclosure. Other 

pertinent information, such as 

justifications for disclosure and any 

written consent that you may have 

provided, is also included. No 

accounting needs to be maintained for 

disclosures to GSA officials or 

employees in the performance of their 

duties, or disclosures under the 

Freedom of Information Act. 

§ 105–64.504 Under what conditions will I 

be denied an accounting of disclosures? 

The system manager will deny your 

request for an accounting of disclosures 

when the disclosures are to GSA 

officials or employees in the 

performance of their duties or 

disclosures under the Freedom of 

Information Act, for which no 

accounting is required; law enforcement 

agencies for law enforcement activities; 

and systems of records exempted by 

notice in the Federal Register. You may 

appeal a denial using the same 

procedures as those for denial of access 

to records, see Subpart 105–64.3. 


rmajette on PROD1PC67 with RULES
3786 Federal Register / Vol. 71, No. 15 / Tuesday, January 24, 2006 / Rules and Regulations 

Subpart 105–64.6—Establishing or 

Revising Systems of Records in GSA 

§ 105–64.601 Procedures for establishing 

system of records. 

The following procedures apply to 

any proposed new or revised system of 

records: 

(a) Before establishing a new or 

revising an existing system of records, 

the system manager, with the 

concurrence of the appropriate Head of 

Service or Staff Office, will provide to 

the GSA Privacy Act Officer a proposal 

describing and justifying the new 

system or revision. 

(b) The GSA Privacy Act Officer will 

submit a proposal to establish or revise 

the system to the President of the 

Senate, the Speaker of the House of 

Representatives, and the Director of the 

Office of Management and Budget 

(OMB) for evaluation at least 40 

calendar days before the planned system 

establishment or revision date. 

(c) The GSA Privacy Act Officer will 

publish in the Federal Register a notice 

of intent to establish or revise the 

system of records at least 30 calendar 

days before the planned system 

establishment or revision date. 

(d) The new or revised system 

becomes effective 30 calendar days after 

the notice is published in the Federal 

Register unless submitted comments 

result in a revision to the notice, in 

which case, a new revised notice will be 

issued. 

Subpart 105–64.7—Assistance and 

Referrals 

§ 105–64.701 Submittal of requests for 

assistance and referrals. 

Address requests for assistance 

involving GSA Privacy Act rules and 

procedures, or for referrals to system 

managers or GSA officials responsible 

for implementing these rules to: GSA 

Privacy Act Officer (CIB), General 

Services Administration, 1800 F Street 

N.W., Washington DC 20405. 

Appendix A to Part 105–64—Addresses 

for Geographically Dispersed Records 

Address requests for physically 

dispersed records, as noted in the 

system of records notices, to the 

Regional Privacy Act Coordinator, 

General Services Administration, at the 

appropriate regional GSA office, as 

follows: 

New England Region (includes 

Connecticut, Maine, Massachusetts, 

New Hampshire, Rhode Island, and 

Vermont), 10 Causeway Street, Boston, 

MA 02222. 

Northeast and Caribbean Region 

(includes New Jersey, New York, Puerto 

Rico, and Virgin Islands), 26 Federal 

Plaza, New York, NY 10278. 

Mid-Atlantic Region (includes 

Delaware, Maryland, Pennsylvania, 

Virginia, and West Virginia, but 

excludes the National Capital Region), 

The Strawbridge Building, 20 North 8th

Street, Philadelphia, PA 19107–3191. 

Southeast-Sunbelt Region (includes 

Alabama, Florida, Georgia, Kentucky, 

Mississippi, North Carolina, South 

Carolina, and Tennessee), Office of the 

Regional Administrator (4A), 77 Forsyth 

Street, Atlanta, GA 30303. 

Great Lakes Region (includes Illinois, 

Indiana, Michigan, Ohio, Minnesota, 

and Wisconsin), 230 South Dearborn 

Street, Chicago, IL 60604–1696. 

The Heartland Region (includes Iowa, 

Kansas, Missouri, and Nebraska), 1500 

East Bannister Road, Kansas City, MO 

64131–3088. 

Greater Southwest Region (includes 

Arkansas, Louisiana, Oklahoma, New 

Mexico, and Texas), 819 Taylor Street, 

Fort Worth, TX 76102. 

Rocky Mountain Region (includes 

Colorado, Montana, North Dakota, 

South Dakota, Utah, and Wyoming), 

U.S. General Services Administration, 

DFC, Bldg. 41, Rm. 210, P.O. Box 25006, 

Denver, CO 80225–0006. 

Pacific Rim Region (includes Arizona, 

California, Hawaii, and Nevada), 450 

Golden Gate Avenue, San Francisco, CA 

94102–3400. 

Northwest/Arctic Region (includes 

Alaska, Idaho, Oregon, and 

Washington), 400 15th Street SW, 

Auburn, WA 98001–6599. 

National Capital Region (includes the 

District of Columbia; the counties of 

Montgomery and Prince George’s in 

Maryland; the city of Alexandria, 

Virginia; and the counties of Arlington, 

Fairfax, Loudoun, and Prince William in 

Virginia), 7th and D Streets, SW, 

Washington, DC 20407. 

[FR Doc. 06–669 Filed 1–23–06; 8:45 am] 

BILLING CODE 6820–34–S 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

[Docket No. NHTSA–2006–23651] 

RIN 2127–AJ81 

Federal Motor Vehicle Safety 

Standards; Controls, Telltales and 

Indicators 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Final rule; delay of effective 

date. 

SUMMARY: In a final rule of August 17, 

2005 (70 FR 48295), we updated our 

standard regulating motor vehicle 

controls, telltales and indicators. The 

standard specifies requirements for the 

location, identification, and 

illumination of these items. The rule 

extended the standard’s telltale and 

indicator requirements to vehicles with 

a Gross Vehicle Weight Rating (GVWR) 

of 4,536 kg (10,000 pounds) and greater, 

updated the standard’s requirements for 

multi-function controls and multi-task 

displays to make the requirements 

appropriate for advanced systems, and 

reorganized the standard to make it 

easier to read. The final rule announced 

an effective date of February 13, 2006, 

and a compliance date of February 13, 

2006 for requirements applicable to 

vehicles under 4,536 kg (10,000 pounds) 

GVWR. 

In response to a petition for extension 

of the effective date from the Alliance of 

Automobile Manufacturers (Alliance), 

this final rule announces a delay in the 

effective date to September 1, 2006. The 

additional time allows us to consider 

issues raised by the Alliance and other 

petitioners in petitions to reconsider 

certain items and identifications 

described in the August 17, 2005 final 

rule. 

DATES: Effective date: The effective date 

of the rule amending 49 CFR 571.101 

published at 70 FR 48295, August 17, 

2005 is delayed until September 1, 

2006. 

Compliance date: The compliance 

date for the extension of the standard’s 

telltale and indicator requirements to 

vehicles with a GVWR of 4,536 kg 

(10,000 pounds) or greater is September 

1, 2013. The compliance date for all 

other requirements is delayed until 

September 1, 2006. Voluntary 

compliance is permitted as of August 

17, 2005. 

Petitions for reconsideration: Petitions 

for reconsideration of this final rule 

must be received not later than March 

10, 2006. 

ADDRESSES: Petitions for reconsideration 

of the final rule must refer to the docket 

and notice number set forth above and 

be submitted to the Administrator, 

National Highway Traffic Safety 

Administration, 400 Seventh Street, 

SW., Washington, DC 20590, with a 

copy to Docket Management, Room PL–

401, 400 Seventh Street, SW., 

Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: For 

non-legal issues you may call Ms. Gayle 

Dalrymple, Office of Crash Avoidance 


rmajette on PROD1PC67 with RULES