Federal Register / Vol. 89, No. 24 / Monday, February 5, 2024 / Proposed Rules 7653 

SELECTIVE SERVICE SYSTEM 

32 CFR Part 1665 

RIN 3240–AA05 

Privacy Act Procedures 

AGENCY: United States Selective Service 

System. 

ACTION: Proposed rule. 

SUMMARY: The Selective Service System 

(SSS) proposes the following revisions 

to its Privacy Act Procedure regulations 

to ensure processes and procedures for 

requesting access and amendments to 

records by electronic means and appeals 

from denials of request for access to or 

amendments of records is clearly 

spelled out within the SSS regulations. 

DATES: Comments must be received 60 

days from publication date. 

ADDRESSES: You may submit comments 

identified by docket number and/or 

Regulatory Information Number (RIN) 

number and title by email to 

federalregisterliaison@sss.gov, or by 

mail to: Selective Service System, 

Federal Register Liaison, 1501 Wilson 

Boulevard, Suite 700, Arlington, VA 

22209. 

Instructions: All submissions received 

must include the agency name and 

docket number or RIN for this Federal 

Register document. The general policy 

for comments and other submissions 

from members of the public is to make 

these submissions available for public 

viewing on the internet at https://

www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Kelly Cramer, Office of the General 

Counsel, 703–605–4069, kcramer@

sss.gov. 

SUPPLEMENTARY INFORMATION: 

A. Summary of New Regulatory 

Provisions and Their Impact 

The revision to 32 CFR part 1665 adds 

clarity for how to make online inquiries, 

and how inquiries will be processed, 

allows for electronic requests, and 

makes several stylistic and grammatical 

changes. 

B. Background and Legal Basis for This 

Rule 

The Housekeeping Statute, 5 U.S.C. 

301, authorizes agency heads to 

promulgate regulations governing ‘‘the 

custody, use, and preservation of its 

records, papers, and property.’’ The 

Privacy Act is a Federal statute that 

establishes a Code of Fair Information 

Practice that governs the collection, 

maintenance, use, and dissemination of 

personally identifiable information 

about individuals that is maintained in 

systems of records by Federal agencies. 

A system of records is a group of records 

under the control of an agency from 

which information is retrieved by the 

name of the individual or by some 

identifier assigned to the individual. 

The Privacy Act requires that agencies 

give the public notice of their systems 

of records by publication in the Federal 

Register. 

The Privacy Act prohibits the 

disclosure of information from a system 

of records absent the written consent of 

the subject individual unless the 

disclosure is pursuant to one of 12 

statutory exceptions. The Act also 

provides individuals with a means by 

which to seek access to and amendment 

of their records and sets forth various 

agency record-keeping requirements. 

Additionally, with people granted the 

right to review what was documented 

with their name, they are also able to 

find out if the ‘‘records have been 

disclosed’’ and are also given the right 

to make corrections. The Privacy Act 

also provides an avenue for appeal from 

denials of request for access to or 

amendment of records. This new rule 

amends part 1665 to ensure processes 

and procedures for appeals from denials 

of request for access to or amendments 

of records is clearly spelled out within 

the SSS regulations. 

C. Expected Impact of the Final Rule 

This proposed rule will not impose 

any new costs. These regulations will 

clarify and streamline appeals from 

denials of request for access to or 

amendment of records. This revision 

will produce efficiency and uniformity 

to the public’s benefit. 

D. Executive Order (E.O.) 12866, 

‘‘Regulatory Planning and Review,’’ 

E.O. 13563, ‘‘Improving Regulation and 

Regulatory Review,’’ and Congressional 

Review Act (5 U.S.C. 801–08) 

E.O.s 12866 and 13563 direct agencies 

to assess all costs and benefits of 

available regulatory alternatives and, if 

regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety effects, distribute impacts, 

and equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. Following the requirements 

of these EOs, the Office of Management 

and Budget (OMB) has determined that 

this final rule is not a significant 

regulatory action under section 3(f) of 

E.O. 12866 nor a ‘‘major rule’’ as 

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

E. Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601) 

SSS certifies that this proposed rule is 

not subject to the Regulatory Flexibility 

Act, 5 U.S.C. 601, because it would not 

have a significant economic impact on 

a substantial number of small entities. 

Therefore, the Regulatory Flexibility 

Act, as amended, does not require SSS 

to prepare a regulatory flexibility 

analysis. 

F. Section 202 of Public Law 104–4, 

‘‘Unfunded Mandates Reform Act’’ (2 

U.S.C. 1532) 

Section 202 of the Unfunded 

Mandates Reform Act of 1995, 2 U.S.C. 

1532, requires agencies to assess 

anticipated costs and benefits before 

issuing any rule whose mandates 

require the expenditure of $100 million 

or more (in 1995 dollars, adjusted 

annually for inflation) in any one year. 

This proposed rule will not mandate 

any requirements for state, local, or 

tribal governments, nor will it affect 

private sector costs. 

G. Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

It has been determined that 32 CFR 

part 1665 does not impose reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act. 

H. Congressional Review Act 

A major rule cannot take effect until 

60 days after it is published in the 

Federal Register. This rulemaking is not 

a major rule under 5 U.S.C. 801. 

I. E.O. 13132, ‘‘Federalism’’ 

E.O. 13132 establishes certain 

requirements that an agency must meet 

when it promulgates a proposed rule 

(and subsequent final rule) that imposes 

substantial direct requirement costs on 

State and local governments, preempts 

State law, or otherwise has federalism 

implications. This proposed rule will 

not have a substantial effect on State 

and local governments. 

J. Compliance With Pay-As-You-Go Act 

of 2023 (Fiscal Responsibility Act of 

2023, Pub. L. 118–5, Div. B, Title III) 

In accordance with Compliance with 

Pay-As-You-Go Act of 2023 (Fiscal 

Responsibility Act of 2023, Pub. L. 118– 

5, div. B, title III) and OMB 

Memorandum (M–23–21) dated 

September 1, 2023, SSS has determined 

that this proposed rule is not subject to 

the Act because it will not increase 

direct spending beyond specified 

thresholds. 


lotter on DSK11XQN23PROD with PROPOSALS1
7654 Federal Register / Vol. 89, No. 24 / Monday, February 5, 2024 / Proposed Rules 

K. E.O. 11623, Delegation of Authority 

& Coordination Requirements 

In E.O. 11623, the President delegated 

to the Director of Selective Service the 

authority to prescribe the necessary 

rules and regulations to carry out the 

provisions of the Military Selective 

Service Act. In carrying out the 

provisions of E.O. 11623, as amended by 

E.O. 13286, the Director shall request 

the views of the Secretary of Defense, 

the Attorney General, the Secretary of 

Labor, the Secretary of Health, 

Education, and Welfare, the Secretary of 

Homeland Security (when the Coast 

Guard is serving under the Department 

of Homeland Security), the Director of 

the Office of Emergency Preparedness, 

and the Chairman of the National 

Selective Service Appeal Board with 

regard to such proposed rule or 

regulation, and shall allow not less than 

10 days for the submission of such 

views before publication of the 

proposed rule or regulation. On January 

24, 2024, the SSS completed its 

coordination requirements, and the 

Director certifies that he has requested 

the views of the officials required to be 

consulted pursuant to subsection (a) of 

E.O. 11623, considered those views, 

and, as appropriate, incorporated those 

views in these regulations, and that 

none of them has timely requested that 

the matter be referred to the President 

for decision. 

List of Subjects in 32 CFR Part 1665 

Privacy, Personally identifiable 

information, Procedural rules. 

For the reasons stated in the 

preamble, SSS proposes to amend 32 

CFR part 1665 as set forth below: 

PART 1665—PRIVACY ACT 

PROCEDURES 

■ 1. The authority citation for part 1665 

is revised to read as follows: 

Authority: 50 U.S.C. 3801 et seq.; and 5 

U.S.C. 552a. 

■ 2. Amend § 1665.1 by: 

■ a. Revising paragraph (a); 

■ b. Removing paragraph (b); and 

■ c. Redesignating paragraphs (c) and 

(d) as paragraphs (b) and (c), 

respectively. 

■ d. In newly redesignated paragraph 

(b): 

■ i. Removing the words ‘‘Ordinarily, 

the requester will’’ and adding in their 

place the words ‘‘For requesters who 

make a hand-written request for USPS 

delivery or electronic request for 

information to SSS, will ordinarily’’ in 

the first sentence; 

■ ii. Adding the word ‘‘of’’ after the 

word ‘‘informed’’ in the first sentence; 

and 

■ e. In newly redesignated paragraph 

(c), removing the word ‘‘the’’ before the 

words ‘‘10 days’’ in the first sentence. 

The revision reads as follows: 

§ 1665.1 Rules for determining if an 

individual is the subject of a record. 

(a) Individuals desiring to know if a 

specific system of records maintained 

by the Selective Service System (SSS) 

contains a record pertaining to them 

should address their inquiries in writing 

or by electronic means to the Selective 

Service System, ATTN: Records 

Manager, Public and Intergovernmental 

Affairs Directorate, Arlington, VA 

22209–2425. Online inquiries in English 

and Spanish may be made at: Contact 

Us | Selective Service System: Selective 

Service System (sss.gov) or by email 

using PrivacyAct@sss.gov. The written 

or electronic inquiry should contain the 

following information: name and 

address of the requester, email address 

of subject (for electronic requests only), 

identity of the systems of records, and 

nature of the request. It should also 

include identifying information 

specified in the applicable SSS System 

of Record Notices to assist in identifying 

the request, such as location of the 

record, if known, full name, birth date, 

time periods in which the records are 

believed to have been complied, etc. 

SSS Systems of Record Notices subject 

to the Privacy Act is in the Federal 

Register and copies of the notices will 

be available upon request to the records 

manager. A compilation of such notices 

will also be made and published by the 

Office of Federal Register, in accord 

with 5 U.S.C. 552a(f). Requesters 

seeking copies of their registration 

records with the SSS may first seek to 

obtain their registration number and 

related information by visiting https:// 

www.sss.gov/verify/ and making the 

request. To make this request, the 

individual must provide their last name, 

social security number and date of birth 

when completing the required fields to 

access their registration information 

online. For other documentation 

requests such as for a registration Status 

of Information Letter (SIL), the 

individual must make the request 

electronically or in writing and send via 

the United States Postal Service (USPS). 

* * * * * 

§ 1665.2 [Amended] 

■ 3. Amend § 1665.2 by: 

■ a. In paragraph (a): 

■ i. Adding the words ‘‘or electronic’’ 

after the words ‘‘Requirement for 

written’’ in the paragraph heading; and 

■ ii. Adding the words ‘‘or 

electronically (as specified in 

§ 1665.1(a)) after the words ‘‘request in 

writing’’ in the first sentence. 

§ 1665.4 [Amended] 

■ 4. Amend § 1665.4 by: 

■ a. In paragraph (a): 

■ i. Adding the words ‘‘or electronic’’ 

after the words ‘‘Requirement for 

written’’ in the paragraph heading; and 

■ ii. Adding the words ‘‘or 

electronically (as specified in 

§ 1665.1(a))’’ after the words ‘‘request in 

writing’’ in the first sentence. 

■ 5. Amend § 1665.5 by: 

■ a. Revising the section heading; 

■ b. Removing the words ‘‘request for 

review’’ and adding in their place the 

word ‘‘appeal’’ wherever it appears; 

■ c. Revising paragraphs (a) and (d); and 

■ d. Adding paragraphs (e) and (f). 

The revisions and additions read as 

follows: 

§ 1665.5 Appeals. 

(a) If the requester is dissatisfied with 

the SSS response, the requester can 

appeal an adverse determination 

denying the request to the appellate 

authority listed in the notification of 

denial letter. The appeal must be made 

in writing or electronically (as specified 

in § 1665.1(a)), and it must be 

postmarked (or sent by email) within 60 

calendar days of the date of the letter 

denying the initial request for records or 

amendment of information. The appeal 

should include a copy of the SSS 

determination (including the assigned 

request number, if known). For the 

quickest possible handling, the appeal 

whether in writing or by email should 

specify that it is a ‘‘Privacy Act 

Appeal.’’ If the requester is dissatisfied 

with the SSS response, the requester can 

appeal an adverse determination 

denying an initial request to access or 

amend a record in accordance with the 

provisions of §§ 1665.2 and 1665.4. The 

requester should submit the appeal in 

writing or electronically (as specified in 

§ 1665.1(a)) and, to the extent possible, 

include the information specified in 

paragraph (b) of this section. Individuals 

desiring assistance in the preparation of 

their appeal should contact the records 

manager at the address provided herein. 

* * * * * 

(d) The appellant will be notified of 

the decision on his or her appeal in 

writing or by email within 20 days 

(excluding Saturdays, Sundays, and 

legal Federal holidays) from the date of 

receipt by SSS of the individual’s 

request for review unless the appeal 

authority extends the 20 days period for 

good cause. The extension and the 

reasons therefore will be sent by SSS to 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 24 / Monday, February 5, 2024 / Proposed Rules 7655 

the requester within the initial 20-day 

period. Such extensions should not be 

routine and should not normally exceed 

an additional 30 days. If the decision 

affirms the adverse determination in 

whole or in part, the notification will 

include a brief statement of the reason(s) 

for the affirmation, including any 

exemptions applied, and will inform the 

appellant of the Privacy Act provisions 

for judicial review of the appellate 

authority’s decision, a description of the 

steps the individual may take to obtain 

judicial review of such a decision, a 

statement that the individual may file a 

concise statement with SSS setting forth 

the individual’s reasons for his 

disagreement with the decision, and the 

procedures for filing such a statement of 

disagreement. The Director of Selective 

Service has the authority to determine 

the conciseness of the statement, 

considering the scope of the 

disagreement and the complexity of the 

issues. Upon the filing of a proper, 

concise statement by the individual, any 

subsequent disclosure of the 

information in dispute will be clearly 

noted so that the fact that the record is 

disputed is apparent, which shall 

include a copy of the concise statement 

furnished and a concise statement by 

SSS setting forth its reasons for not 

making the requested changes, if SSS 

chooses to file such a statement. A 

notation of a dispute is required to be 

made only if an individual informs SSS 

of their disagreement with its 

determination in accordance with 

paragraphs (a) through (c) of this 

section. A copy of the individual’s 

statement, and if it chooses, SSS’s 

statement will be sent to any prior 

transferee of the disputed information 

who is listed on the accounting required 

by 5 U.S.C. 552a(c). If the reviewing 

official determines that the record 

should be amended in accord with the 

individual’s request, SSS will promptly 

correct the record, advise the 

individual, and inform previous 

recipients if an accounting of the 

disclosure was made pursuant to 5 

U.S.C. 552a(c). The notification of 

correction pertains to information 

actually disclosed. If the adverse 

determination is reversed or modified, 

in whole or in part, the appellant will 

be notified in writing of this decision 

and the request will be reprocessed in 

accordance with that appeal decision. 

(e) In order to seek a judicial review 

of a denial of a request for access to 

records, a requester must first file an 

appeal under this section. 

(f) An appeal ordinarily will not be 

acted on if the request becomes a matter 

of litigation. 

■ 6. Amend § 1665.6 by revising 

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

§ 1665.6 Schedule of fees. 

* * * * * 

(c) * * * 

(3) Remittance shall be in the form of 

cash, a personal check or bank draft 

drawn on a bank in the United States, 

or postal money order. Remittances 

shall be made payable to the order of the 

Selective Service System and mailed or 

delivered to the records manager, 

Selective Service System, 1501 Wilson 

Blvd., Suite 700, Arlington, VA 22209. 

* * * * * 

■ 7. Amend § 1665.7 by revising the 

section heading and paragraphs (a) and 

(b) and removing paragraph (c) to read 

as follows: 

§ 1665.7 Information available to the public 

or to those seeking confirmation of SSS 

registration status to convey benefits 

related to registration. 

(a) SSS maintains a record which 

contains the name, Selective Service 

number, and registration status of those 

that have registered with SSS. 

(b) Any compensated employee of 

SSS may disclose to an entity seeking to 

convey a benefit related to SSS 

registration status by law whether the 

individual has or has not registered with 

SSS. 

■ 8. Revise § 1665.8 to read as follows: 

§ 1665.8 Systems of records exempted 

from certain provisions of this act. 

The SSS will not provide requesters 

information exempt from disclosure 

pursuant to 5 U.S.C. 552a(k), (e.g., the 

SSS will not reveal to the suspected 

violator the informant’s name or other 

identifying information relating to the 

informant). 

These proposed regulations were 

reviewed and approved by Joel C. 

Spangenberg, Acting Director of 

Selective Service. 

Daniel A. Lauretano, Sr., 

Selective Service System General Counsel & 

Federal Register Liaison Officer. 

[FR Doc. 2024–02119 Filed 2–2–24; 8:45 am] 

BILLING CODE 8015–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2023–0565; FRL–11415– 

01–R3] 

Air Plan Approval; Pennsylvania; 

Allegheny County Open Burning 

Revision and Addition of Mon Valley 

Air Pollution Episode Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

state implementation plan (SIP) revision 

submitted by the Pennsylvania 

Department of Environmental Protection 

(PADEP) on behalf of the Allegheny 

County Health Department (ACHD). The 

SIP submission requests EPA to 

incorporate into the Pennsylvania SIP 

particulate matter emission mitigation 

requirements for industry operating in 

the portion of Allegheny County known 

as the ‘‘Mon Valley’’ during weatherrelated pollution episodes. It also 

amends a portion of Allegheny County’s 

open burning regulation, which was 

previously incorporated into 

Pennsylvania’s SIP. This action is being 

taken under the Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before March 6, 2024. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2023–0565 at 

www.regulations.gov, or via email to 

gordon.mike@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

confidential business information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e. 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 


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