Federal Register / Vol. 60, No. 95 / Wednesday, May 17, 1995 / Notices 26421

and DOE determines that the records are

both relevant to and necessary for the

proceeding and that such use is deemed

by DOE to be compatible with the

purpose for which DOE collected the

records.

7. When a record on its face or in

conjunction with other records indicates

a violation or potential violation of law,

whether civil, criminal or regulatory in

nature and whether arising by general

program statute or particular program

pursuant thereto, the relevant records

may be referred as a routine use to the

appropriate agency, whether Federal,

foreign, state, local or tribal, charged

with the responsibility of investigating

or prosecuting such violation or charged

with enforcing or implementing the

statute, or rule, regulation or order

issued pursuant thereto, if DOE

determines that the records are both

relevant to and necessary for such

investigation or prosecution and the use

of such records by the appropriate

agency is deemed by DOE to be

compatible with the purpose for which

DOE collected the records.

8. A record from this system of

records may be disclosed to the

Archivist of the United States, the

National Archives and Records

Administration or to the General

Services Administration for records

management conducted under 44 U.S.C.

2904 and 2906.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Records are maintained on

electromagnetic or optical storage

media, and paper records.

RETRIEVABILITY:

Telephone calls have been placed in

a database from which information is

retrieved by the caller’s name.

Correspondence is retrieved by name of

the person to whom the correspondence

pertains or of the person submitting the

correspondence.

SAFEGUARDS:

Data is kept in secured areas that are

locked when not in regular use and

buildings with controlled access. Hard

copy data are stored in locked files.

Appropriate safeguards for electronic

information are built into program

software as warranted by sensitivity of

the data.

RETENTION AND DISPOSAL:

Records are retained and disposed of

in accordance with authorities

contained in the DOE Order 1324.2

‘‘Records Disposition.’’

SYSTEM MANAGER(S) AND

ADDRESSES:

U.S. Department of Energy Director,

Office of Human Radiation Experiments,

Washington, DC 20585.

NOTIFICATION PROCEDURES:

Requests by an individual to

determine if this system of records

contains information about him or her

should be directed to the Privacy Act

Officer, U.S. Department of Energy, HR–

78, Washington, DC 20585, in

accordance with the DOE’s Privacy Act

regulation (10 CFR part 1008, September

16, 1980, 45 FR 61576). Requests should

include the individual’s current full

name and address, the individual’s

name and address at the time of any

possible participation in the Human

Radiation Experiments or

environmental release as defined in

Appendix A, and, if the requester is a

current or former employee of a

Department contractor, the contractor’s

name, the individual’s employment

dates, and the individual’s social

security number.

RECORD ACCESS PROCEDURES:

Same as notification procedures.

CONTESTING RECORD PROCEDURES:

Same as notification procedures.

RECORD SOURCE CATEGORIES:

Subject individuals, family members,

their attorneys, Senators and

Representatives.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS

OF THE ACT:

None.

Appendix A

As defined in Executive Order 12891,

Human Radiation Experiments include:

(1) Experiments on individuals involving

intentional exposure to ionizing radiation.

This category does not include common and

routine clinical practices, such as established

diagnosis and treatment methods, involving

incidental exposures to ionizing radiation;

(2) Experiments involving intentional

environmental releases of radiation that (A)

were designed to test human health effects of

ionizing radiation; or (B) were designed to

test the extent of human exposure to ionizing

radiation;

(3) The experiment into the atmospheric

diffusion of radioactive gases and test of

detectability, commonly referred to as the

‘‘Green Run test,’’ conducted by the former

Atomic Energy Commission and the Air

Force in December 1949 in Hanford,

Washington;

(4) Two radiation warfare field

experiments conducted at the Atomic Energy

Commission’s Oak Ridge office in 1948

involving gamma radiation released from

non-bomb point sources at or near ground

level;

(5) Six tests conducted during 1949–1952

of radiation warfare ballistic dispersal

devices containing radioactive agents at the

U.S. Army’s Dugway, Utah, site;

(6) Four atmospheric radiation-tracking

tests in 1950 at Los Alamos, New Mexico;

and

(7) Other similar human experiments that

may later be identified by the Human

Radiation Interagency Working Group.

[FR Doc. 95–12042 Filed 5–12–95; 8:45 am]

BILLING CODE 6450–01–P

Privacy Act of 1974; Establishment of

a New System of Records

AGENCY: Department of Energy.

ACTION: Proposed establishment of a

New Privacy Act system of records.

SUMMARY: Federal agencies are required

by the Privacy Act of 1974 (Pub. L. 93–

579, 5 U.S.C. 552a) to publish a notice

in the Federal Register of a proposed

system of records. The Department of

Energy (DOE) proposes to establish a

new system of records entitled, ‘‘DOE–

86 Human Radiation Experiments

Records.’’

DATES: The proposed new system of

records will become effective June 26,

1995 unless comments are received on

or before that date that would result in

a contrary determination and a notice is

published to that effect.

ADDRESSES: Written comments should

be directed to the following address:

Director, Freedom of Information Act

and Privacy Act Division, U.S.

Department of Energy, HR–78, 1000

Independence Avenue SW.,

Washington, DC 20585. Written

comments will be available for

inspection at the above address between

the hours of 9 a.m and 4 p.m.

FOR FURTHER INFORMATION CONTACT: (1)

Ellyn R. Weiss, Director, U. S.

Department of Energy, Office of Human

Radiation Experiments, 1726 M Street

NW., Washington DC 20036, or (2)

GayLa D. Sessoms, Director, Freedom of

Information Act and Privacy Act

Division, U.S. Department of Energy,

HR–78, 1000 Independence Avenue

SW., Washington, DC 20585 (202) 586–

5955 or (3) Harold Halpern, Office of

General Counsel, GC–80, 1000

Independence Avenue SW, Washington,

DC 20585 (202) 586–7406.

SUPPLEMENTARY INFORMATION: The DOE

proposes to establish a new system of

records entitled ‘‘DOE–86 Human

Radiation Experiments Records’’. The

records are being compiled by the DOE

as part of its effort to gather and

publicize information concerning

Human Radiation Experiments and

certain environmental releases of

radiation, as defined in Executive Order

12891, 59 FR 2935 (January 20, 1994).
26422 Federal Register / Vol. 60, No. 95 / Wednesday, May 17, 1995 / Notices

See Appendix A to the accompanying

Notice of a Proposed New System of

Records. The records will be used to

provide information concerning the

experiments and environmental releases

to the general public and to individuals

who contacted the DOE or the

Interagency Helpline (operated by the

DOE) that were, or believed that they or

their relatives were, subjects of the

experiments or affected by the

environmental releases. The information

will also be used to assist the Advisory

Committee on Human Radiation

Experiments in its assigned task of

evaluating the scientific and ethical

aspects of the experiments and

proposing remedial measures to the

Human Radiation Interagency Working

Group. See Executive Order 12891.

Information in the system will

include records pertaining to the

organizing, conducting, financing,

results and effects of experiments and

environmental radiation releases

sponsored or conducted by DOE, its

predecessors and their current and

former contractors and subcontractors.

The text of the system notice is set

forth below.

Issued in Washington, DC, this 28 day of

April 1995.

Archer L. Durham,

Assistant Secretary for Human Resources and

Administration.

DOE–86

SYSTEM NAME:

Human Radiation Experiments

Records.

SECURITY CLASSIFICATION:

None.

SYSTEM LOCATION:

U. S. Department of Energy, Office of

Human Radiation Experiments,

Washington, DC 20585

Coordination and Information Center,

3084 S. Highland St., Las Vegas, Nevada

89109

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

The records pertain to persons who

participated in the organizing,

conducting, and financing of the Human

Radiation Experiments and

environmental releases of radiation

described in Executive Order 12891, 59

FR 2935 (January 20, 1994). See

Appendix A. The records also pertain to

persons who were subjects of the

experiments or were affected by the

releases. Generally, the records pertain

to persons in the following categories:

(1) Former and current employees of

the DOE, its predecessor agencies and

their contractors and subcontractors;

(2) Members of the public;

(3) Persons exposed to radiation as a

result of proximity to nuclear facilities

or the intentional or accidental release

of radiation.

CATEGORIES OF RECORDS IN THE SYSTEM:

Data consists of records pertaining to

the planning, organizing, financing,

conducting, effects and results of

experiments and environmental

releases, gathered from DOE, its

predecessor agencies and their

contractors and subcontractors. Such

records include correspondence,

memoranda, published and

unpublished reports, notes, logs,

proposals, contracts, minutes of

meetings of the Atomic Energy

Commission and its advisory

committees and subcommittees dealing

with radiation, correspondence with

members of the public, transcripts of

interviews of persons associated with

the organizing, financing and

conducting of the experiments, reports

of Congressional hearings, personal

notes, diaries and papers, archival

collections, interagency memoranda and

agreements, consent forms, medical and

laboratory reports, transcripts of

medical conferences, and newspaper

and magazine articles.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

5 U.S.C. 301; authority incorporated

by reference in Title III of the

Department of Energy Organization Act

at 42 U.S.C. 7151; including 42 U.S.C.

2201(c) and 42 U.S.C. 5813 and 5817.

PURPOSE:

The records will enable DOE to create

a central source of data concerning the

experiments and releases, and to

provide information to the public and to

individuals that were subjects of the

experiments or affected by the

environmental releases. The records

will also be used to assist the Advisory

Committee on Human Radiation

Experiments evaluate the scientific,

medical and ethical aspects of the

experiments.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

1. To assist the Advisory Committee

on Human Radiation Experiments

perform its assigned task of evaluating

the scientific and ethical aspects of the

Human Radiation Experiments and

environmental releases, a record from

this system of records may be disclosed

to that Committee to provide it with

information concerning experiments or

releases of radiation that were

sponsored, financed or conducted by

DOE, its predecessors, or other Federal

agencies, and their contractors and

subcontractors. See Executive Order

12891, 59 FR 2935, (January 20, 1994);

Appendix A.

2. A record from this system of

records pertaining to a particular

Human Radiation Experiment or

environmental release may be disclosed

to another Federal agency if it appears

from the record, or other available

information, that the other Federal

agency conducted the Human Radiation

Experiment or environmental release or

that referral to the other Federal agency

is appropriate for remedial purposes.

3. A record from this system of

records may be disclosed for

epidemiological, industrial safety or

hygiene studies conducted by DOE’s

contractors and subcontractors to

ascertain or determine: (1) How

radiation exposure effects the health

and well being of individuals or groups

of individuals; and (2) the risks of

working with, or being in proximity to,

nuclear equipment, devices and

facilities and how such risks may be

ameliorated.

4. A record from this system of

records may be disclosed to the Centers

for Disease Control and Prevention,

other Federal and state health agencies,

and Federal and state agencies involved

with industrial or employee safety to be

used for epidemiological or industrial

safety or hygiene studies to ascertain or

determine: (1) How radiation exposure

effects the health and well being of

individuals or groups of individuals;

and (2) the risks of working with, or

being in proximity to, nuclear

equipment, devices and facilities, and

how such risks may be ameliorated.

5. A record from this system of

records may be disclosed to the

Department of Justice when: (a) The

DOE or any component thereof; (b) any

DOE employee, or employee of a DOE

predecessor agency, in an official

capacity; (c) the United States

Government; (d) any current or former

DOE contractor, or employee of such

contractor, is a party to or has an

interest in litigation and DOE

determines that the records are both

relevant and necessary and the use of

such records by the Department of

Justice is deemed by DOE to be

compatible with the purpose for which

DOE collected the records.

6. A record from this system of

records may be disclosed to a court or

adjudicative body in a proceeding

when: (a) DOE, any predecessor agency,

or any component thereof; (b) any

current or former DOE, or predecessor

agency, employee in an official capacity,

or in an individual capacity where DOE

has agreed to represent the employee;
Federal Register / Vol. 60, No. 95 / Wednesday, May 17, 1995 / Notices 26423

(c) the United States Government; or, (d)

any current or former DOE contractor, or

employee of such contractor is a party

to, or has an interest in, the proceeding

and the DOE determines that the records

are both relevant to and necessary for

the proceeding and that such use is

deemed by DOE to be compatible with

the purpose for which DOE collected

the records.

7. When a record on its face or in

conjunction with other records indicates

a violation or potential violation of law,

whether civil, criminal or regulatory in

nature and whether arising by general

program statute or particular program

pursuant thereto, the relevant records

may be referred as a routine use to the

appropriate agency, whether Federal,

foreign, state, local or tribal, charged

with the responsibility of investigating

or prosecuting such violation or charged

with enforcing or implementing the

statute, or rule, regulation or order

issued pursuant thereto.

8. A record in this system of records

may be disclosed as a routine use to a

Member of Congress submitting a

written request involving the individual

when the individual is a constituent of

the member and has requested

assistance from the member with

respect to the subject matter of the

record.

9. A record from this system of

records may be disclosed to the

Archivist of the United States, the

National Archives and Records

Administration or to the General

Services Administration for records

management conducted under 44 U.S.C.

2904 and 2906.

10. A record from this system may be

disclosed to DOE’s contractors in

performance of their contracts, and their

officers and employees who have a need

for the record in the performance of

their duties, subject to the same

limitations applicable to DOE’s officers

and employees under the Privacy Act.

11. A record from this system of

records may be disclosed to officials and

contractor personnel of the Agency for

Toxic Substances and Disease Registry

in carrying out that agency’s authorized

activities at DOE’s facilities pursuant to

setion 104(i) of the Comprehensive

Environmental Response,

Compensation, and Liability Act.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Records are maintained on

electromagnetic or optical storage

media, and paper records.

RETRIEVABILITY:

These records are entered into a

database. Accordingly, retrievability

may be by name, or other personal

identifier, as dictated by the needs of

the particular researcher.

SAFEGUARDS:

Data is kept in secured areas that are

locked when not in regular use and

buildings with controlled access. Hard

copy data are stored in locked files.

Appropriate safeguards for electronic

information are built into program

software as warranted by sensitivity of

the data.

RETENTION AND DISPOSAL:

Records are retained and disposed of

in accordance with authorities

contained in DOE Order 1324.2

‘‘Records Disposition.’’

SYSTEM MANAGER(S) AND ADDRESSES:

U.S. Department of Energy, Director,

Office of Human Radiation Experiments,

Washington, DC 20585.

NOTIFICATION PROCEDURES:

Requests by an individual to

determine if this system of records

contains information about him or her

should be directed to the Privacy Act

Officer, U.S. Department of Energy,

Washington, DC 20585, in accordance

with DOE’s Privacy Act regulation (10

CFR part 1008, September 16, 1980, 45

FR 61576). Requests should include the

individual’s current full name and

address, the individual’s name and

address at the time of any specific

events of interest to the requester, and,

if the requester is a current or former

employee of a DOE contractor, the

contractor’s name, the individual’s

employment dates, and the individual’s

social security number.

RECORD ACCESS PROCEDURES:

Same as notification procedures.

CONTESTING RECORD PROCEDURES:

Same as notification procedures.

RECORD SOURCE CATEGORIES:

Persons conducting or otherwise

having a role in the organization and

financing of experiments or releases,

present and former DOE and

predecessor agency contractors and

subcontractors, physicians, medical

records, dosimetry records, subject

individuals, DOE and its predecessor

agency officials and operating offices.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS

OF THE ACT:

None.

Appendix A

As defined in Executive Order 12891, 59

FR 2935 (January 20, 1994) Human Radiation

Experiments include:

(1) Experiments on individuals involving

intentional exposure to ionizing radiation.

This category does not include common and

routine clinical practices, such as established

diagnosis and treatment methods, involving

incidental exposures to ionizing radiation;

(2) Experiments involving intentional

environmental releases of radiation that (A)

were designed to test human health effects of

ionizing radiation; or (B) were designed to

test the extent of human exposure to ionizing

radiation;

(3) The experiment into the atmospheric

diffusion of radioactive gases and test of

detectability, commonly referred to as the

‘‘Green Run test,’’ conducted by the former

Atomic Energy Commission and the Air

Force in December 1949 in Hanford,

Washington;

(4) Two radiation warfare field

experiments conducted at the Atomic Energy

Commission’s Oak Ridge office in 1948

involving gamma radiation released from

non-bomb point sources at or near ground

level;

(5) Six tests conducted during 1949–1952

of radiation warfare ballistic dispersal

devices containing radioactive agents at the

U.S. Army’s Dugway, Utah, site;

(6) Four atmospheric radiation-tracking

tests in 1950 at Los Alamos, New Mexico;

and

(7) Other similar human experiments that

may later be identified by the Human

Radiation Interagency Working Group.

[FR Doc. 95–12043 Filed 5–16–95; 8:45 am]

BILLING CODE 6450–01–P

Energy Information Administration

Notice of Proposed One Year

Extension of Forms

SUMMARY: The Energy Information

Administration (EIA), as part of its

continuing effort to reduce paperwork

and respondent burden conducts a

presurvey consultation program to

provide the general public and other

Federal agencies with an opportunity to

comment on proposed and/or

continuing reporting forms. This

program helps to ensure that requested

data can be provided in the desired

format, reporting burden is minimized,

reporting forms are clearly understood,

and the impact of collection

requirements on respondents can be

properly assessed. Currently, EIA is

soliciting comments concerning the

proposed extension to the Forms EIA–

800–804, 807, 810–814, 816, 817, 819M,

819A, 820 and 825, ‘‘Petroleum Supply

Reporting System.’’

DATES: Written comments must be

submitted on or before June 16, 1995. If

you anticipate that you will be

submitting comments, but find it

difficult to do so within the period of