[Federal Register Volume 71, Number 225 (Wednesday, November 22, 2006)]
[Proposed Rules]
[Pages 67495-67499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-9346]


=======================================================================
-----------------------------------------------------------------------

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:
    <bullet> By assessing the Federal eRulemaking Portal: 
www.regulations.gov; follow the instructions for submitting comments.
    <bullet> 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.
    <bullet> By Fax: at 703-235-4495.
    <bullet> 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:

[[Page 67496]]

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.


Sec.  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.


Sec.  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.


Sec.  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.


Sec.  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.


Sec.  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.

[[Page 67497]]

    (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.


Sec.  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 Sec.  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 Sec.  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)).


Sec.  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 black-and-white copying or its 
equivalent will be free of charge.


Sec.  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.


Sec.  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.


Sec.  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

[[Page 67498]]

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.


Sec.  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 Sec.  1304.105. This paragraph (c) does not 
apply to disclosures made for law enforcement purposes under 5 U.S.C. 
552a(b)(7) and Sec.  1304.110(a)(7).


Sec.  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.


Sec.  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.


Sec.  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.

[[Page 67499]]

Sec.  1304.115  Systems of records covered by exemptions.

    The Board currently has no exempt systems of records.


Sec.  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