Federal Register / Vol. 71, No. 225 / Wednesday, November 22, 2006 / Proposed Rules 67495 

U.S. average weekly survey prices announced 

before the 24th day of the month, multiply 

the resulting cheese price by 10. 

(ii) Multiply the weighted average of the 2 

most recent NASS U.S. average weekly 

survey dry whey prices announced before the 

24th day of the month by 6.1. 

(iii) Multiply the weighted average of the 

2 most recent NASS U.S. average weekly 

survey butter prices announced before the 

24th day of the month by 3.9. 

(iv) Add the amounts computed in 

paragraphs (q)(1)(i) and (ii), subtract the 

amount in paragraph (q)(1)(iii), and subtract 

$1.44. 

(2) An advanced butter-powder skim milk 

price per hundredweight, rounded to the 

nearest cent, shall be computed as follows: 

(i) Multiply the weighted average of the 2 

most recent NASS U.S. average weekly 

survey prices for nonfat dry milk announced 

before the 24th day of the month by 8.9; and 

(ii) From the amount computed in 

paragraph (q)(2)(i) subtract $0.52. 

(3) An advanced butterfat price per pound, 

rounded to the nearest one-hundredth cent, 

shall be calculated by computing a weighted 

average of the 2 most recent U.S. average 

NASS AA butter survey prices announced 

before the 24th day of the month, multiplying 

the result by 1.20, then subtracting $0.1307. 

* * * * * 

Proposed by Dairy Programs, 

Agricultural Marketing Service: 

Proposal No. 6 

For all Federal Milk Marketing 

Orders, make such changes as may be 

necessary to make the entire marketing 

agreements and the orders conform with 

any amendments thereto that may result 

from this hearing. 

List of Subjects in 7 CFR Parts 1000, 

1001, 1005, 1006, 1007, 1030, 1032, 

1033, 1124, 1126, and 1131. 

Milk marketing orders. 

The authority citation for 7 CFR Parts 

1000, 1001, 1005, 1006, 1007, 1030, 

1032, 1033, 1124, 1126, and 1131 

continues to read as follows: 

Authority: 7 U.S.C. 601–674, and 7253. 

Copies of this notice of hearing and 

the orders may be procured from the 

Market Administrator of each of the 

aforesaid marketing areas, or from the 

Hearing Clerk, United States 

Department of Agriculture, STOP 

9200—Room 1083, 1400 Independence 

Avenue, SW., Washington, DC 20250–

9200, or may be inspected there. 

Copies of the transcript of testimony 

taken at the hearing will not be available 

for distribution through the Hearing 

Clerk’s Office. If you wish to purchase 

a copy, arrangements may be made with 

the reporter at the hearing. 

From the time that a hearing notice is 

issued and until the issuance of a final 

decision in a proceeding, Department 

employees involved in the decisionmaking process are prohibited from 

discussing the merits of the hearing 

issues on an ex parte basis with any 

person having an interest in the 

proceeding. For this particular 

proceeding, the prohibition applies to 

employees in the following 

organizational units: 

Office of the Secretary of Agriculture. 

Office of the Administrator, Agricultural 

Marketing Service. 

Office of the General Counsel. 

Dairy Programs, Agricultural 

Marketing Service (Washington office) 

and the Offices of all Market 

Administrators. 

Procedural matters are not subject to 

the above prohibition and may be 

discussed at any time. 

Dated: November 17, 2006. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 06–9341 Filed 11–20–06; 3:01 pm] 

BILLING CODE 3410–02–P 

NUCLEAR WASTE TECHNICAL 

REVIEW BOARD 

10 CFR Part 1304 

Implementation of Privacy Act of 1974 

AGENCY: U.S. Nuclear Waste Technical 

Review Board. 

ACTION: Proposed rule 

SUMMARY: The U.S. Nuclear Waste 

Technical Review Board (Board) is 

proposing to implement a set of 

procedural regulations under the 

Privacy Act of 1974, Public Law 93–579, 

5 U.S.C. 552a. The proposed regulations 

have been written to conform to the 

statutory provisions of the Act. They are 

intended to expedite the processing of 

Privacy Act requests received by the 

Board and to ensure the proper 

dissemination of information to the 

public. 

DATES: Comments on the proposed rule 

should be submitted no later than 

January 15, 2007. 

ADDRESSES: Comments on the proposed 

rule may be submitted in the following 

ways: 

• By assessing the Federal 

eRulemaking Portal: 

www.regulations.gov; follow the 

instructions for submitting comments. 

• By internet: Using the ‘‘Contact 

NWTRB’’ icon at the bottom of the 

Board’s Home page on the Web site at 

http://www.nwtrb.gov. 

• By Fax: at 703–235–4495. 

• By Mail or Hand Delivery to: Joyce 

M. Dory, Director of Administration, 

U.S. Nuclear Waste Technical Review 

Board, 2300 Clarendon Blvd., Suite 

1300, Arlington, VA 22201. 

Comments submitted on the proposed 

Privacy Act regulation should be clearly 

identified. 

FOR FURTHER INFORMATION CONTACT: 

Victoria Reich, 703–235–4473. 

SUPPLEMENTARY INFORMATION: The 

proposed rule is intended to set forth 

the procedures to be used by members 

of the public when requesting records 

from the Board under the Privacy Act of 

1974. It also establishes time frames for 

responses, a fee schedule for copying 

records, and charges for obtaining 

information, when applicable. 

A copy of this document may be 

obtained from the Board by written 

request to the U.S. Nuclear Waste 

Technical Review Board; 2300 

Clarendon Blvd., Suite 1300; Arlington, 

VA 22201; or by calling 703–235–4473. 

A copy of this document also will be 

posted on the Board’s Web site at http:// 

www.nwrtrb.gov. 

All written comments received on this 

document by January 15, 2007, will be 

fully considered before publication of 

the final rule. Any information 

considered confidential must be so 

identified and submitted in writing. 

Comments submitted anonymously will 

not be considered. However, name and/ 

or address may be withheld on request. 

Executive Order 12866 

The proposed regulation does not 

meet the criteria for a significant 

regulatory action under Executive Order 

12866. Therefore, review by the Office 

of Management and Budget is not 

required. 

Regulatory Flexibility Act 

The proposed rule adds Privacy Act 

regulations to 10 CFR part 1304 and will 

not have a significant economic impact 

on a substantial number of small 

entities. 

Paperwork Reduction Act 

The rule imposes no additional 

recording and recordkeeping 

requirements and is therefore exempt 

from the requirements of the Paperwork 

Reduction Act. 

List of Subjects in 10 CFR Part 1304 

Administrative practice and 

procedure, Privacy, Reporting and 

recordkeeping requirements. 

The Board proposes to add part 1304 

to Title 10 of the Code of Federal 

Regulations to read as follows: 


jlentini on PROD1PC65 with PROPOSAL
67496 Federal Register / Vol. 71, No. 225 / Wednesday, November 22, 2006 / Proposed Rules 

PART 1304—PRIVACY ACT OF 1974 

1304.101 Purpose and scope. 

1304.102 Definitions. 

1304.103 Privacy Act inquiries. 

1304.104 Privacy Act records maintained 

by the Board. 

1304.105 Requests for access to records. 

1304.106 Processing of requests. 

1304.107 Fees. 

1304.108 Appealing denials of access. 

1304.109 Requests for correction of records. 

1304.110 Disclosure of records to third 

parties. 

1304.111 Maintaining records of 

disclosures. 

1304.112 Notification of systems of Privacy 

Act records. 

1304.113 Privacy Act training. 

1304.114 Responsibility for maintaining 

adequate safeguards. 

1304.115 Systems of records covered by 

exemptions. 

1304.116 Mailing lists. 

Authority: 5 U.S.C. 552a(f). 

Source: 56 FR 47144, Sept. 18, 1991, 

unless otherwise noted. 

§ 1304.101 Purpose and Scope. 

This part sets forth the policies and 

procedures of the U.S. Nuclear Waste 

Technical Review Board (Board) 

regarding access to systems of records 

maintained by the Board under the 

Privacy Act of 1974, Public Law 93–579, 

5 U.S.C. 552a. The provisions in the Act 

shall take precedence over any part of 

the Board’s regulations in conflict with 

the Act. These regulations establish 

procedures by which an individual may 

exercise the rights granted by the 

Privacy Act to determine whether a 

Board system contains a record 

pertaining to him or her; to gain access 

to such records; and to request 

correction or amendment of such 

records. These regulations also set 

identification requirements and 

prescribe fees to be charged for copying 

records. 

§ 1304.102 Definitions. 

The terms used in these regulations 

are defined in the Privacy Act of 1974, 

5 U.S.C. 552a. In addition, as used in 

this part: 

(a) Agency means any executive 

department, military department, 

government corporation, or other 

establishment in this executive branch 

of the Federal Government, including 

the Executive Office of the President or 

any independent regulatory agency; 

(b) Individual means any citizen of 

the United States or an alien lawfully 

admitted for permanent residence; 

(c) Maintain means to collect, use, 

store, or disseminate records as well as 

any combination of these recordkeeping 

functions. The term also includes 

exercise of control over, and therefore 

responsibility and accountability and 

accountability for, systems of records; 

(d) Record means any item, collection, 

or grouping of information about an 

individual that is maintained by the 

Board and contains the individual’s 

name or other identifying information, 

such as a number or symbol assigned to 

the individual or his or her fingerprint, 

voice print, or photograph. The term 

includes, but is not limited to, 

information regarding an individual’s 

education, financial transactions, 

medical history, and criminal or 

employment history; 

(e) System of records means a group 

of records under the control of the 

Board from which information is 

retrievable by use of the name of the 

individual or by some number, symbol, 

or other identifying particular assigned 

to the individual; 

(f) Routine use means, with respect to 

the disclosure of a record, the use of a 

record for a purpose that is compatible 

with the purpose for which it was 

collected; 

(g) Designated Privacy Act Officer 

means the person named by the Board 

to administer the Board’s activities in 

regard to the regulations in this part. 

The Privacy Act Officer also shall be the 

following: 

(1) The Board officer having custody 

of, or responsibility for, agency records 

in the possession of the Board. 

(2) The Board officer having 

responsibility for authorizing or denying 

production of records from requests 

filed under the Privacy Act. 

(h) Executive Director means the chief 

operating officer of the Board; 

(i) Member means an individual 

appointed to serve on the Board by the 

President of the United States; 

(j) Days means standard working days, 

excluding weekends and Federal 

holidays; and 

(k) Act refers to the Privacy Act of 

1974. 

§ 1304.103 Privacy Act inquiries. 

(a) Requests regarding the contents of 

record systems. Any person wanting to 

know whether the Board’s systems of 

records contains a record pertaining to 

him or her may file a request in person 

or in writing, via the internet, or by 

telephone. 

(b) Requests in person may be 

submitted at the Board’s headquarters 

located at 2300 Clarendon Blvd., Suite 

1300; Arlington, VA. Requests should be 

marked ‘‘Privacy Act Request’’ on each 

page of the request and on the front of 

the envelope and directed to the Privacy 

Act Officer. 

(c) Requests in writing may be sent to: 

Privacy Act Officer, U.S. Nuclear Waste 

Technical Review Board, 2300 

Clarendon Blvd., Suite 1300, Arlington, 

VA 22201. 

‘‘Privacy Act Request’’ should be 

written on the envelope and each page 

of the request. 

(d) Requests via the Internet may be 

made on the Board’s Web site at 

www.nwtrb.gov, using the ‘‘Contact 

NWTRB’’ icon on the bottom of the 

Home page. The words ‘‘Privacy Act’’

should appear on the subject line. 

(e) Telephone requests may be made 

by calling the Board’s Privacy Act 

Officer at 703–235–4473. 

§ 1304.104 Privacy Act records maintained 

by the Board. 

(a) The Board shall maintain only 

such information about an individual as 

is relevant and necessary to accomplish 

a purpose of the agency required by 

statute or by Executive Order of the 

President. In addition, the Board shall 

maintain all records that are used in 

making determinations about any 

individual with such accuracy, 

relevance, timeliness, and completeness 

as is reasonably necessary to ensure 

fairness to that individual in the making 

of any determination about him or her. 

However, the Board shall not be 

required to update retired records. 

(b) The Board shall not maintain any 

record about any individual with 

respect to or describing how such 

individual exercises rights guaranteed 

by the First Amendment of the 

Constitution of the United States, unless 

expressly authorized by statute or by the 

subject individual, or unless pertinent 

to and within the scope of an authorized 

law enforcement activity. 

§ 1304.105 Requests for access to 

records. 

(a) All requests for records should 

include the following information: 

(1) Full name, address, and telephone 

number of requester. 

(2) The system of records containing 

the desired information. 

(3) Any other information that the 

requester believes would help locate the 

record. 

(b) Requests in writing. A person may 

request access to his or her own records 

in writing by addressing a letter to: 

Privacy Act Officer; U.S. Unclear Waste 

Technical Review Board; 2300 

Clarendon Blvd., Suite 1300, Arlington, 

VA 22201. 

(c) Requests via the Internet. Internet 

requests should be transmitted through 

the Board’s Web site at http:// 

www.nwtrb.gov, using the ‘‘Contact 

NWTRB’’ icon on the bottom on the 

main page. The words ‘‘Privacy Act’’

should appear on the subject line. 


jlentini on PROD1PC65 with PROPOSAL
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(d) Requests in person. Any person 

may examine and request copies of his 

or her own records on the Board’s 

premises. The requester should contact 

the Board’s offices at least one week 

before the desired appointment date. 

This request may be made to the Privacy 

Act Officer in writing, via the Internet, 

or by calling 703–235–4473. 

(e) Before viewing the records, proof 

of identification, must by provided. The 

identification should be a valid copy of 

one of the following: 

A government ID, 

A driver’s license, 

A passport, or 

Other current identification that 

contains both an address and a 

picture of the requester. 

§ 1304.106 Processing of requests. 

Upon receipt of a request for 

information, the Privacy Act Officer will 

ascertain. 

Whether the records identified by the 

requester exist, and 

Whether they are subject to any 

exemption under § 1304.115 below. 

If the records exist and are not subject 

to exemption, the Privacy Act Officer 

will provide the information. 

(a) Requests in writing, including 

those sent by e-mail, via the Web site, 

or by Fax. Within five working days of 

receiving the request the Privacy Act 

Officer will acknowledge its receipt and 

will advise the requester of any 

additional information that may be 

needed. Within 15 working days of 

receiving the request, the Privacy Act 

Officer will send the requested 

information or will explain to the 

requester why additional time is needed 

for a response. 

(b) Requests in person or by 

telephone. Within 15 days of the initial 

request, the Privacy Act Officer will 

contact the requestor and arrange an 

appointment at a mutually agreeable 

time when the records can be examined. 

The requester may be accompanied by 

one person. The requestor should 

inform the Privacy Act Officer that a 

second individual will be present and 

must sign a statement authorizing 

disclosure of the records to that person. 

The statement will be kept with the 

requester’s records. At the appointment, 

the requester will be asked to present 

identification as stated in § 1304.105. 

(c) Excluded information. If a request 

is received for information compiled in 

reasonable anticipation of litigation, the 

Privacy Act Officer will inform the 

requester that the information is not 

subject to release under the Privacy Act 

(see 5 U.S.C. 552a(d)(5)). 

§ 1304.107 Fees. 

A fee will not be charged for 

searching, reviewing, or making 

corrections to records. A fee for copying 

will be assessed at the same rate 

established for Freedom of Information 

Act requests. Duplication fees for paper 

copies of a record will be 10 cents per 

page for black and white and 20 cents 

per page for color. For all other forms 

of duplication, the Board will charge the 

direct costs of producing the copy. 

However, the first 100 pages of blackand-white copying or its equivalent will 

be free of charge. 

§ 1304.108 Appealing denials of access. 

If access to records is denied by the 

Privacy Act Officer, the requester may 

file an appeal in writing. The appeal 

should be directed to Executive 

Director; U.S. Nuclear Waste Technical 

Review Board, 2300 Clarendon Blvd., 

Suite 1300, Arlington, VA 22201. The 

appeal letter must: 

Specify the denied records that are still 

sought; and 

State why denial by the Privacy Act 

Officer is erroneous. 

The Executive Director or his or her 

designee will respond to such appeals 

within 20 working days of the receipt of 

the appeal letter in the Board offices. 

The appeal determination will explain 

the basis of the decision to deny or grant 

the appeal. 

§ 1304.109 Requests for correction of 

records. 

(a) Correction requests. Any person is 

entitled to request correction of his or 

her record(s) covered under the Act. The 

request must be made in writing and 

should be addressed to Privacy Act 

Officer, U.S. Nuclear Waste Technical 

Review Board, 2300 Clarendon Blvd., 

Suite 1300, Arlington, VA 22201. The 

letter should clearly identify the 

corrections desired. In most 

circumstances, an edited copy of the 

record will be acceptable for this 

purpose. 

(b) Initial response. Receipt of a 

correction request will be acknowledged 

by the Privacy Act Officer in writing 

within five working days. The Privacy 

Act Officer will endeavor to provide a 

letter to the requester within 20 working 

days stating whether the request for 

correction has been granted or denied. 

If the Privacy Act Officer denies any 

part of the correction request, the 

reasons for the denial will be provided 

to the requester. 

§ 1304.110 Disclosure of records to third 

parties. 

(a) The Board will not disclose any 

record that is contained in a system of 

records to any person or agency, except 

with a written request by or with the 

prior written consent of the individual 

whose record is requested, unless 

disclosure of the record is: 

(1) Required by an employee or agent 

of the Board in the performance of his/ 

her official duties. 

(2) Required under the provisions of 

the Freedom of Information Act (5 

U.S.C. 552). Records required to be 

made available by the Freedom of 

Information Act will be released in 

response to a request in accordance with 

the Board’s regulation published at 10 

CFR part 1303. 

(3) For a routine use as published in 

the annual notice in the Federal 

Register. 

(4) To the Census Bureau for planning 

or carrying out a census, survey, or 

related activities pursuant to the 

provisions of Title 13 of the United 

States of Code. 

(5) To a recipient who has provided 

the Board with adequate advance 

written assurance that the record will be 

used solely as a statistical research or 

reporting record and that the record is 

to be transferred in a form that is not 

individually identifiable. 

(6) To the National Archives and 

Records Administration as a record that 

has sufficient historical or other value to 

warrant its continued preservation by 

the United States government, or for 

evaluation by the Archivist of the 

United States, or his or her designee, to 

determine whether the record has such 

value. 

(7) To another agency or to an 

instrumentality of any governmental 

jurisdiction within or under the control 

of the United States for a civil or 

criminal law enforcement activity, if the 

activity is authorized by law, and if the 

head of the agency or instrumentality 

has made a written request to the Board 

for such records specifying the 

particular part desired and the law 

enforcement activity for which the 

record is sought. The Board also may 

disclose such a record to a law 

enforcement agency on its own 

initiative in situations in which 

criminal conduct is suspected, provided 

that such disclosure has been 

established as a routine use, or in 

situations in which the misconduct is 

directly related to the purpose for which 

the record is maintained. 

(8) To a person pursuant to a showing 

of compelling circumstances affecting 

the health or safety of an individual if, 

upon such disclosure, notification is 

transmitted to the last known address of 

such individual. 

(9) To either House of Congress, or, to 

the extent of matters within its 


jlentini on PROD1PC65 with PROPOSAL
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jurisdiction, any committee or 

subcommittee thereof, any joint 

committee of Congress, or subcommittee 

of any such joint committee. 

(10) To the Comptroller General, or 

any of his or her authorized 

representatives, in the course of the 

performance of official duties of the 

Government Accountability Office. 

(11) Pursuant to an order of a court of 

competent jurisdiction. In the event that 

any record is disclosed under such 

compulsory legal process, the Board 

shall make reasonable efforts to notify 

the subject individual after the process 

becomes a matter of public record. 

(12) To a consumer reporting agency 

in accordance with 31 U.S.C. 3711(e). 

(b) Before disseminating any record 

about any individual to any person 

other than a Board employee, the Board 

shall make reasonable efforts to ensure 

that the records are, or at the time they 

were collected, were accurate, complete, 

timely, and relevant. This paragraph (b) 

does not apply to disseminations made 

pursuant to the provisions of the 

Freedom of Information Act (5 U.S.C. 

552) and paragraph (a)(2) of this section. 

§ 1304.111 Maintaining records of 

disclosures. 

(a) The Board shall maintain a log 

containing the date, nature, and 

purposes of each disclosure of a record 

to any person or agency. Such 

accounting also shall contain the name 

and address of the person or agency to 

whom or to which each disclosure was 

made. This log will not include 

disclosures made to Board employees or 

agents in the course of their official 

duties or pursuant to the provisions of 

the Freedom of Information Act (5 

U.S.C. 552). 

(b) The Board shall retain the 

accounting of each disclosure for at least 

five years after the accounting is made 

or for the life of the record that was 

disclosed, whichever is longer. 

(c) The Board shall make the 

accounting of disclosures of a record 

pertaining to an individual available to 

that individual at his or her request. 

Such a request should be made in 

accordance with the procedures set 

forth in § 1304.105. This paragraph (c) 

does not apply to disclosures made for 

law enforcement purposes under 5 

U.S.C. 552a(b)(7) and § 1304.110(a)(7). 

§ 1304.112 Notification of systems of 

Privacy Act records. 

(a) Public Notice. On November 22, 

1996, the Board published a notice of its 

systems of records in the Federal 

Register (Vol. 61, Number 227, pages 

59472–59473). It is updating and 

republishing the notice in this issue of 

the Federal Register. The Board 

periodically reviews its systems of 

records and will publish information 

about any significant additions or 

changes to those systems. Information 

about systems of records maintained by 

other agencies that are in the temporary 

custody of the Board will not be 

published. In addition, the Office of the 

Federal Register biennially compiles 

and publishes all systems of records 

maintained by all federal agencies, 

including the Board. 

(b) At least 30 days before publishing 

additions or changes to the Board’s 

systems of records, the Board will 

publish a notice of intent to amend, 

providing the public with an 

opportunity to comment on the 

proposed amendments to its systems of 

records. 

§ 1304.113 Privacy Act training. 

(a) The Board shall ensure that all 

persons involved in the design, 

development, operation, or maintenance 

of any Board systems are informed of all 

requirements necessary to protect the 

privacy of individuals. The Board shall 

ensure that all employees having access 

to records receive adequate training in 

their protection and that records have 

adequate and proper storage with 

sufficient security to ensure their 

privacy. 

(b) All employees shall be informed of 

the civil remedies provided under 5 

U.S.C. 552a(g)(1) and other implications 

of the Privacy Act and of the fact that 

the Board may be subject to civil 

remedies for failure to comply with the 

provisions of the Privacy Act and the 

regulations in this part. 

§ 1304.114 Responsibility for maintaining 

adequate safeguards. 

The Board has the responsibility for 

maintaining adequate technical, 

physical, and security safeguards to 

prevent unauthorized disclosure or 

destruction of manual and automatic 

record systems. These security 

safeguards shall apply to all systems in 

which identifiable personal data are 

processed or maintained, including all 

reports and output from such systems 

that contain identifiable personal 

information. Such safeguards must be 

sufficient to prevent negligent, 

accidental, or unintentional disclosure, 

modification, or destruction of any 

personal records or data; must 

minimize, to the extent practicable, the 

risk that skilled technicians or 

knowledgeable persons could 

improperly obtain access to modify or 

destroy such records or data; and shall 

further ensure against such casual entry 

by unskilled persons without official 

reasons for access to such records or 

data. 

(a) Manual systems. (1) Records 

contained in a system of records as 

defined in this part may be used, held, 

or stored only where facilities are 

adequate to prevent unauthorized access 

by persons within or outside the Board. 

(2) Access to and use of a system or 

records shall be permitted only to 

persons whose duties require such 

access to the information for routine 

uses or for such other uses as may be 

provided in this part. 

(3) Other than for access by 

employees or agents of the Board, access 

to records within a system of records 

shall be permitted only to the individual 

to whom the record pertains or upon his 

or her written request. 

(4) The Board shall ensure that all 

persons whose duties require access to 

and use of records contained in a system 

of records are adequately trained to 

protect the security and privacy of such 

records. 

(5) The disposal and destruction of 

identifiable personal data records shall 

be done by shredding and in accordance 

with rules promulgated by the Archivist 

of the United States. 

(b) Automated systems. (1) 

Identifiable personal information may 

be processed, stored, or maintained by 

automated data systems only where 

facilities or conditions are adequate to 

prevent unauthorized access to such 

systems in any form. 

(2) Access to and use of identifiable 

personal data associated with automated 

data systems shall be limited to those 

persons whose duties require such 

access. Proper control of personal data 

in any form associated with automated 

data systems shall be maintained at all 

times, including maintenance of 

accountability records showing 

disposition of input and output 

documents. 

(3) All persons whose duties require 

access to processing and maintenance of 

identifiable personal data and 

automated systems shall be adequately 

trained in the security and privacy of 

personal data. 

(4) The disposal and disposition of 

identifiable personal data and 

automated systems shall be done by 

shredding, burning, or, in the case of 

electronic records, by degaussing or by 

overwriting with the appropriate 

security software, in accordance with 

regulations of the Archivist of the 

United States or other appropriate 

authority. 


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Federal Register / Vol. 71, No. 225 / Wednesday, November 22, 2006 / Proposed Rules 67499 

§ 1304.115 Systems of records covered by 

exemptions. 

The Board currently has no exempt 

systems of records. 

§ 1304.116 Mailing lists. 

The Board shall not sell or rent an 

individual’s name and/or address unless 

such action is specifically authorized by 

law. This section shall not be construed 

to require the withholding of names and 

addresses otherwise permitted to be 

made public. 

Dated: November 17, 2006. 

William D. Barnard, 

Executive Director, U.S. Nuclear Waste 

Technical Review Board. 

[FR Doc. 06–9346 Filed 11–21–06; 8:45 am] 

BILLING CODE 6820–AM–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–26134; Directorate 

Identifier 2006–CE–56–AD] 

RIN 2120–AA64 

Airworthiness Directives; EXTRA 

Flugzeugproduktions-und VertriebsGmbH Models EA–300, EA–300S, EA–

300L, and EA–300/200 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to supersede 

Airworthiness Directive (AD) 2002–21–

11, which applies to certain EXTRA 

Flugzeugbau GmbH (EXTRA) Model 

EA–300S airplanes. AD 2002–21–11 

currently requires you to inspect, using 

a fluorescent dye check penetrant 

method, the upper longeron at the 

horizontal stabilizer attachment for 

cracks, repair any cracks found, and 

modify the horizontal stabilizer. That 

AD also requires a limit on operation to 

the Normal category until the initial 

inspection and modification on 

airplanes with less than 200 hours timein-service (TIS) is done. Since we issued 

AD 2002–21–11, cracks have been found 

on Models EA–300L and EA–300/200 

airplanes. Consequently, this proposed 

AD adds airplanes to the applicability 

and requires you to inspect and modify 

the upper longeron at the horizontal 

stabilizer attachment. This proposed AD 

results from mandatory continuing 

airworthiness information (MCAI) 

issued by the airworthiness authority for 

Germany. We are proposing this AD to 

detect and correct cracks in the upper 

longeron at the horizontal stabilizer 

attachment, which could result in 

structural failure of the aft fuselage. This 

failure could lead to loss of control. 

DATES: We must receive comments on 

this proposed AD by December 22, 

2006. 

ADDRESSES: Use one of the following 

addresses to comment on this proposed 

AD: 

• DOT Docket Web site: Go to http:// 

dms.dot.gov and follow the instructions 

for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

0001. 

• Fax: (202) 493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

For service information identified in 

this proposed AD, contact EXTRA 

Flugzeugproduktions-und VertriebsGmbH, Schwarze Heide 21, D–46569 

Huenxe, Germany; fax: (+49)–2858–

9137–42. 

FOR FURTHER INFORMATION CONTACT: Karl 

Schletzbaum, Aerospace Engineer, FAA, 

Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4146; fax: (816) 

329–4090. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments 

regarding this proposed AD. Send your 

comments to an address listed under the 

ADDRESSES section. Include the docket 

number, ‘‘FAA–2006–26134; Directorate 

Identifier 2006-CE–56-AD’’ at the 

beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

the proposed AD. We will consider all 

comments received by the closing date 

and may amend the proposed AD in 

light of those comments. 

We will post all comments we 

receive, without change, to http:// 

dms.dot.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact we receive 

concerning this proposed AD. 

Discussion 

Fatigue cracks at the horizontal 

stabilizer attachment were found on 

EXTRA Model EA–300S airplanes. 

These airplanes are utilized in aerobatic 

maneuvers, and the stress in the area of 

the horizontal stabilizer can lead to 

cracks in this area, as well as in the 

upper longerons and diagonal braces. 

This condition caused us to issue AD 

2002–21–11, Amendment 39–12917 (67 

FR 65479, October 25, 2002). AD 2002–

21–11 currently requires the following 

on certain EXTRA Model EA–300S 

airplanes: 

• For all affected airplanes: an 

inspection of the upper longeron at the 

horizontal stabilizer attachment for 

cracks using a fluorescent dye check 

penetrant method, repair of any cracks 

found, and modification of the 

horizontal stabilizer; and 

• On airplanes with less than 200 

hours time-in-service as of December 17, 

2002 (the effective date of AD 2002–21–

11): a limit on operation to the Normal 

category until the initial inspection and 

modification is done. 

The European Aviation Safety Agency 

(EASA), which is the aviation authority 

for the European Union (EU), notified 

FAA of the need to supersede AD 2002–

21–11 to address an unsafe condition 

that may exist or could develop on 

certain EXTRA Models EA–300, EA–

300S, EA–300L, and EA–300/200 

airplanes. EASA reports that while 

doing the inspections specified in Part 

I of EXTRA Service Bulletin No. 300–2–

95, Issue: D, on the entire fleet of EA–

300 series airplanes, cracks were found 

on Model EA–300L airplanes. Recent 

inspections revealed cracks found on 

Model EA–300/200 airplanes. 

This condition, if not corrected, could 

lead to structural failure of the aft 

fuselage with consequent loss of control. 

Relevant Service Information 

We have reviewed EXTRA Service 

Bulletin No. 300–2–95, Issue: F, Dated: 

July 10, 2006. 

The service information describes 

procedures for: 

• Inspecting the upper longeron at the 

horizontal stabilizer attachment for 

cracks; 

• Reinforcing the upper longeron in 

the area of the horizontal stabilizer 

attachment; and 

• Installing V-tubes to reinforce 

fuselage frame underneath the 

horizontal stabilizer attachment bracket. 

European Authority Aviation 

Information 

EASA classified this service bulletin 

as mandatory and issued AD No. 


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