Federal Register / Vol. 65, No. 207 / Wednesday, October 25, 2000 / Rules and Regulations 63789

(b) [Reserved]

(c) The general licensee shall make

initial and written reports in accordance

with §§ 72.74 and 72.75.

Dated at Rockville, Maryland, this 18th day

of October, 2000.

For the Nuclear Regulatory Commission.

Annette L. Vietti-Cook

Secretary of the Commission.

[FR Doc. 00–27283 Filed 10–24–00; 8:45 am]

BILLING CODE 7590–01–P

NATIONAL CREDIT UNION

ADMINISTRATION

12 CFR Part 792

The Production of Nonpublic Records

and Testimony of NCUA Employees in

Legal Proceedings and the Privacy Act

AGENCY: National Credit Union

Administration (NCUA).

ACTION: Final rule.

SUMMARY: NCUA is making minor and

technical revisions to its regulation

implementing the Privacy Act of 1974

(PA). The revised rule is updated to

conform to current law governing the

method an individual may use to

establish his or her identity to obtain

access to protected records and the

requirements for the release of medical

records. The revised rule changes time

limits so that they conform more closely

to those under the Freedom of

Information Act (FOIA) and clarifies

that the agency maintains four, rather

than three, systems of records subject to

exemptions under the PA. The revision

also updates the rule to reflect

organizational changes within NCUA

and corrects cross-references in Subpart

C, which governs the production of

nonpublic records and the testimony of

NCUA employees in legal proceedings.

DATES: This rule is effective November

24, 2000.

FOR FURTHER INFORMATION CONTACT:

Dianne M. Salva, Staff Attorney,

Division of Operations, Office of

General Counsel, at the above address or

telephone: (703) 518–6540.

SUPPLEMENTARY INFORMATION: On June

12, 2000, NCUA published a proposal to

revise its PA regulation, announcing

that it would accept comments from the

public for a period of 60 days. 65 FR

36797, June 12, 2000. All comments

submitted to NCUA were favorable.

As part of a government-wide

initiative, NCUA reviewed its practices

related to privacy and personal

information in federal records. In its

review of the agency systems of records,

it identified several changes in record

keeping practices and agency

organization. As a result, NCUA revised

its systems notices to make them clearer

and simpler and to eliminate

redundancies. 65 FR 3486, January 21,

2000. Now, as a result of its review of

the PA regulation, NCUA is updating

the regulation to reflect current law,

terminology and organizational

functions and clarify which of its

systems of records are subject to PA

exemptions. The changes are minor and

technical and streamline the regulation

to make it clearer and simpler to use.

Regulatory Procedures

Paperwork Reduction Act

This regulation imposes no additional

information collection, reporting or

record keeping requirements.

Regulatory Flexibility Act

Pursuant to section 605(b) of the

Regulatory Flexibility Act (5 U.S.C.

605(b)), NCUA certifies that this rule

will not have a significant economic

impact on a substantial number of small

entities. NCUA expects that this

amended rule will not: (1) Have

significant secondary or incidental

effects on a substantial number of small

entities; or (2) create any additional

burden on small entities. These

conclusions are based on the fact that

the regulation’s changes are minor and

are intended to simplify and clarify

agency record keeping and disclosure

procedures. Accordingly, a regulatory

flexibility analysis is not required.

Executive Order 13132

Executive Order 13132 encourages

independent regulatory agencies to

consider the impact of their regulatory

actions on state and local interests. In

adherence to fundamental federalism

principles, NCUA, an independent

regulatory agency as defined in 44

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

with the executive order. This rule is

procedural in nature and will not have

substantial direct effects on the states,

on the relationship between the national

government and the states, or on the

distribution of power and

responsibilities among the various

levels of government. NCUA has

determined that the rule does not

constitute a policy that has federalism

implications for purposes of the

executive order.

Small Business Regulatory Enforcement

Fairness Act

The Small Business Regulatory

Enforcement Fairness Act of 1996 (Pub.

L. 104–121) provides generally for

congressional review of agency rules. A

reporting requirement is triggered in

instances where NCUA issues a final

rule as defined by section 551 of the

Administrative Procedures Act. 5 U.S.C.

551. NCUA has recommended to the

Office of Management and Budget that

it determine that this is not a major rule,

and is awaiting its determination.

The Treasury and General Government

Appropriations Act, 1999—Assessment

of Federal Regulations and Policies on

Families

The NCUA has determined that this

rule will not affect family well-being

within the meaning of section 654 of the

Treasury and General Government

Appropriations Act, 1999, Public Law

105–277, 112 Stat. 2681 (1998).

Agency Regulatory Goal

NCUA’s goal is to promulgate clear

and understandable regulations that

impose minimal regulatory burden. We

find that these amendments are

understandable and minimally

intrusive.

List of Subjects in 12 CFR Part 792

Administrative practice and

procedure, Archives and records, Credit

unions, Information, Records.

By the National Credit Union

Administration Board on October 19, 2000.

Becky Baker,

Secretary of the Board.

For the reasons set out in the

preamble, the NCUA amends 12 CFR

part 792 as follows:

PART 792—REQUESTS FOR

INFORMATION UNDER THE FREEDOM

OF INFORMATION ACT AND PRIVACY

ACT, AND BY SUBPOENA; SECURITY

PROCEDURES FOR CLASSIFIED

INFORMATION

1. The authority citation for part 792

continues to read as follows:

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

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

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

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

Comp., p. 333.

§ 792.41 [Amended]

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

and add, in its place, ‘‘§ 792.32.’’

§ 792.47 [Amended]

3. In § 792.47(b), remove ‘‘§ 792.5’’

and add, in its place, ‘‘§ 792.19.’’

§ 792.49 [Amended]

4. In § 792.49, in the definition of

Nonpublic records, remove ‘‘§ 792.3’’

and add, in its place, ‘‘§ 792.11’’.

5. Amend § 792.55 by revising

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

63790 Federal Register / Vol. 65, No. 207 / Wednesday, October 25, 2000 / Rules and Regulations

§ 792.55 Times, places and requirements

for identification of individuals making

requests and identification of records

requested.

(a) * * *

(3) An individual seeking access to

records about himself by mail or in

person, who cannot provide the

required documentation or

identification, may provide an unsworn

declaration subscribed to as true under

penalty of perjury.

* * * * *

6. Amend § 792.56 by revising

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

read as follows:

§ 792.56 Notice of existence of records,

access decisions and disclosure of

requested information; time limits.

* * * * *

(b) * * *

(1) A request concerning a single

system of records which does not

require consultation with or requisition

of records from another agency will be

responded to within 20 working days

after receipt of the request.

(2) A request requiring requisition of

records from or consultation with

another agency will be responded to

within 30 working days of receipt of the

request.

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

or (2) of this section presents unusual

difficulties in determining whether the

records involved are exempt from

disclosure, the Privacy Act Officer, in

the Office of General Counsel, may

extend the time period established by

the regulations by 10 working days.

* * * * *

7. Amend § 792.57 by revising

paragraph (b) to read as follows:

§ 792.57 Special Procedures: Information

furnished by other agencies; medical

records.

* * * * *

(b) When an individual requests

medical records concerning himself, the

NCUA official responsible for action on

the request may advise the individual

that the records to be released will be

provided first to a physician designated

in writing by the individual. The

physician will provide the records to

the individual.

8. Amend § 792.58 by revising the

fourth sentence of paragraph (a) to read

as follows:

§ 792.58 Requests for correction or

amendment to a record; administrative

review of requests.

* * * * *

(a) * * * An individual who does not

have access to NCUA’s ‘‘Notice of

Systems of Records,’’ and to whom the

appropriate address is otherwise

unavailable, may submit a request to the

Privacy Act Officer, Office of General

Counsel, National Credit Union

Administration, 1775 Duke Street,

Alexandria, Virginia, 22314–3428, in

which case the request will then be

referred to the appropriate NCUA

official. * * *

* * * * *

9. Amend § 792.59 by revising

paragraph (e) to read as follows:

§ 792.59 Appeal of initial determination.

* * * * *

(e) If access is denied because of an

exemption, the individual will be

notified of the right to appeal that

determination to the General Counsel

within 30 days after receipt. Appeals

will be determined within 20 working

days.

10. Amend § 792.65 by revising

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

§ 792.65 Fees.

(a) * * *

(1) For copies of documents provided,

copy fees as stated in NCUA’s current

FOIA fee schedule; and

* * * * *

11. Amend § 792.66 by revising the

first sentence of paragraph (a), and the

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

and the first sentence of paragraph

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

(b)(4) as follows:

§ 792.66 Exemptions.

(a) NCUA maintains four systems of

records that are exempted from some

provisions of the Privacy Act. * * *

(b)(1) System NCUA–1, entitled

‘‘Employee Suitability Security

Investigations Containing Adverse

Information,’’ consists of adverse

information about NCUA employees

that had been obtained as a result of

routine U.S. Office of Personnel

Management (OPM) security

Investigations. To the extent that NCUA

maintains records in this system

pursuant to OPM guidelines that may

require retrieval of information by use of

individual identifiers, those records are

encompassed by and included in the

OPM Central system of records number

Central-9 entitled, ‘‘Personnel

Investigations Records,’’ and thus are

subject to the exemptions promulgated

by OPM. * * *

(2) System NCUA–8, entitled,

‘‘Investigative Reports Involving Any

Crime or Suspicious Activity Against a

Credit Union, NCUA,’’ consists of

investigatory or enforcement records

about individuals suspected of

involvement in violations of laws or

regulations, whether criminal or

administrative. * * *

* * * * *

(4) System NCUA–13, entitled,

‘‘Litigation Case Files,’’ consists of

investigatory materials compiled for law

enforcement purposes. Records in the

Litigation Case Files system are used in

connection with the execution of

NCUA’s legal and enforcement

responsibilities. Because the system

covers investigatory materials compiled

for law enforcement purposes, it is

eligible for exemption under subsection

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

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

system is exempt from subsections

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

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

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

However, if an individual is denied any

right, privilege, or benefit to which he

would otherwise be entitled by federal

law, or for which he otherwise would be

eligible, as a result of the maintenance

of such records, the records or

information will be made available to

him, provided the identity of a

confidential source is not disclosed.

* * * * *

12. Amend § 792.69 by revising the

first sentence of paragraph (a) to read as

follows:

§ 792.69 Training and employee standards

of conduct with regard to privacy.

(a) The Director of the Office of

Training and Development, with advice

from the General Counsel, is responsible

for training NCUA employees in the

obligations imposed by the Privacy Act

and this subpart. * * *

* * * * *

[FR Doc. 00–27364 Filed 10–24–00; 8:45 am]

BILLING CODE 7535–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–NM–364–AD; Amendment

39–11945; AD 2000–21–13]

RIN 2120–AA64

Airworthiness Directives; Dornier

Model 328–300 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to all Dornier Model 328–300

series airplanes, that requires revising

the Airplane Flight Manual. This action