20372 Federal Register / Vol. 65, No. 74 / Monday, April 17, 2000 / Rules and Regulations

will still be reviewed for continuing

eligibility: If the beneficiary returns to

work and successfully completes a trial

work period; if substantial earnings are

posted to the beneficiary’s earnings

record; or if information is received

either from the annuitant or a reliable

source that the annuitant has recovered

or returned to work, or that a review is

otherwise warranted.

The Board published this rule as a

proposed rule on November 18, 1999,

and invited comments by January 18,

2000. No comments were received. The

Board, with the concurrence of the

Office of Management and Budget, has

determined that this is not a significant

regulatory action for purposes of

Executive Order 12866. Therefore, no

regulatory analysis is required. There

are no information collections

associated with this rule.

List of Subjects in 20 CFR Part 220.186

Disability benefits, Railroad

employees; Railroad retirement.

For the reasons set out in the

preamble, the Railroad Retirement

Board amends title 20, chapter II, part

220 of the Code of Federal Regulations

as follows:

PART 220—DETERMINING DISABILITY

1. The authority citation for part 220

continues to read as follows:

Authority: 45 U.S.C. 231a; 45 U.S.C. 231f.

§ 220.186 When and how often the Board

will conduct a continuing disability review.

[Amended]

2. In § 220.186, paragraph (b)(2),

remove the phrase ‘‘(medical

improvement possible or medical

improvement not expected)’’, and

paragraph (d), remove the fourth

sentence which reads: ‘‘If the

annuitant’s disability is considered

permanent, the Board will review the

annuitant’s continuing eligibility for

benefits no less frequently than once

every 7 years but no more frequently

than once every 5 years.’’, and add in its

place ‘‘If no medical improvement is

expected in the annuitant’s

impairment(s), the Board will not

routinely review the annuitant’s

continuing eligibility.’’

Dated: April 6, 2000.

By Authority of the Board.

For the Board.

Beatrice Ezerski,

Secretary to the Board.

[FR Doc. 00–9516 Filed 4–14–00; 8:45 am]

BILLING CODE 7905–01–P

DEPARTMENT OF DEFENSE

National Reconnaissance Office

32 CFR Part 326

National Reconnaissance Office

Privacy Act Program

AGENCY: National Reconnaissance

Office, DOD

ACTION: Final rule.

SUMMARY: This rule establishes the

National Reconnaissance Office Privacy

Act Program. This rule establishes

policies and procedures for

implementing the NRO Privacy

Program, and delegates authorities and

assigns responsibilities for the

administration of the NRO Privacy

Program.

EFFECTIVE DATE: March 20, 2000.

ADDRESSES: National Reconnaissance

Office, Information Access and Release

Center, 14675 Lee Road, Chantilly, VA

20151–1715.

FOR FURTHER INFORMATION CONTACT: Ms.

Barbara Freimann at (703) 808–5029.

SUPPLEMENTARY INFORMATION: The

proposed rule for the NRO Privacy Act

Program was published on January 19,

2000, at 65 FR 2912. No comments were

received, therefore, the rule is being

adopted as a final rule.

Executive Order 12866, Regulatory

Planning and Review

It has been determined that 32 CFR

part 326 is not a significant regulatory

action. The rule does not:

(1) Have an annual effect to the

economy of $100 million or more; or

adversely affect in a material way the

economy; a section of the economy;

productivity; competition; jobs; the

environment; public health or safety; or

state, local, or tribal governments or

communities;

(2) Create a serious inconsistency or

otherwise interfere with an action taken

or planned by another Agency;

(3) Materially alter the budgetary

impact of entitlements, grants, user fees,

or loan programs or the rights and

obligations of recipients thereof;

(4) Raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in this Executive Order.

Public Law 96–354, Regulatory

Flexibility Act (5 U.S.C. 601)

It has been certified that this rule is

not subject to the Regulatory Flexibility

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

if promulgated, have a significant

economic impact on a substantial

number of small entities.

Public Law 96–511, Paperwork

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

It has been certified that this part does

not impose any reporting or record

keeping requirements under the

Paperwork Reduction Act of 1995.

List of Subjects in 32 CFR Part 326

Privacy.

Accordingly, Title 32 of the CFR is

amended in Chapter I, subchapter O, by

adding part 326 to read as follows:

PART 326––NATIONAL

RECONNAISSANCE OFFICE PRIVACY

ACT PROGRAM

Sec.

326.1 Purpose.

326.2 Application.

326.3 Definitions.

326.4 Policy.

326.5 Responsibilities.

326.6 Policies for processing requests for

records.

326.7 Procedures for collection.

326.8 Procedures for requesting access.

326.9 Procedures for disclosure of

requested records.

326.10 Procedures to appeal denial of

access to requested record.

326.11 Special procedures for disclosure of

medical and psychological records.

326.12 Procedures to request amendment or

correction of record.

326.13 Procedures to appeal denial of

amendment.

326.14 Disclosure of record to person other

than subject.

326.15 Fees.

326.16 Penalties.

326.17 Exemptions.

Authority: Pub. L. 93–579, 88 Stat 1896 (5

U.S.C. 552a).

§ 326.1 Purpose.

This part implements the basic

policies and procedures outlined in the

Privacy Act of 1974, as amended (5

U.S.C. 552a), and 32 CFR part 310; and

establishes the National Reconnaissance

Office Privacy Program (NRO) by setting

policies and procedures for the

collection and disclosure of information

maintained in records on individuals,

the handling of requests for amendment

or correction of such records, appeal

and review of NRO decisions on these

matters, and the application of

exemptions.

§ 326.2 Application.

Obligations under this part apply to

all employees detailed, attached, or

assigned to or authorized to act as

agents of the National Reconnaissance

Office. The provisions of this part shall

be made applicable by contract or other

legally binding action to government

contractors whenever a contract is let

for the operation of a system of records

or a portion of a system of records.

Federal Register / Vol. 65, No. 74 / Monday, April 17, 2000 / Rules and Regulations 20373

§ 326.3 Definitions.

Access. The review or copying of a

record or its parts contained in a system

of records by a requester.

Agency. Any executive or military

department, other establishment, or

entity included in the definition of

agency in 5 U.S.C. 522(f).

Control. Ownership or authority of

the NRO pursuant to federal statute or

privilege to regulate official or public

access to records.

Disclosure. The authorized transfer of

any personal information from a system

of records by any means of

communication (such as oral, written,

electronic, mechanical, or actual review)

to any person, private entity, or

government agency other than the

subject of the record, the subject’s

designated agent, or the subject’s legal

guardian.

He, him, and himself. Generically

used in this part to refer to both males

and females.

Individual or requester. A living

citizen of the U.S. or an alien lawfully

admitted to the U.S. for permanent

residence and to whom a record might

pertain. The legal guardian or legally

authorized agent of an individual has

the same rights as the individual and

may act on his behalf. No rights are

vested in the representative of a dead

person or in persons acting in an

entrepreneurial (for example, sole

proprietorship or partnership) capacity

under this part.

Interested party. Any official in the

executive (including military),

legislative, or judicial branches of

government, U.S. or foreign, or U.S.

Government contractor who, in the sole

discretion of the NRO, has a subject

matter or physical interest in the

documents or information at issue.

Maintain. To collect, use, store,

disclose, retain, or disseminate when

used in connection with records.

Originator. The NRO employee or

contractor who created the document at

issue or his successor in office or any

official who has been delegated release

or declassification authority pursuant to

law.

Personal information. Information

about any individual that is intimate or

private to the individual, as

distinguished from ‘corporate

information’ which is in the public

domain and related solely to the

individual’s official functions or public

life (i.e., employee’s name, job title,

work phone, grade/rank, job location).

Privacy Act Coordinator. The NRO

Information and Access Release Center

Chief who serves as the NRO manager

of the information review and release

program instituted under the Privacy

Act.

Record. Any item, collection, or

grouping of information about an

individual that is maintained by the

NRO, including, but not limited to, the

individual’s education, financial

transactions, medical history, and

criminal or employment history, and

that contains the individual’s name or

identifying number (such as Social

Security or employee number), symbol,

or other identifying particular assigned

to the individual, such as fingerprint,

voice print, or photograph. Records

include data about individuals which is

stored in computers.

Responsive record. Documents or

records that the NRO has determined to

be within the scope of a Privacy Act

request.

Routine use. The disclosure of a

record outside the Department of

Defense (DoD) for a use that is

compatible with the purpose for which

the information was collected and

maintained by NRO. Routine use

encompasses not only common or

ordinary use, but also all the proper and

necessary uses of the record even if such

uses occur infrequently. All routine uses

must be published in the Federal

Register.

System managers. Officials who have

overall responsibility for a Privacy Act

system of records.

System notice. The official public

notice published in the Federal Register

of the existence and general content of

the system of records.

System of records. A group of any

records under the control of the NRO

from which information is retrieved by

the name of an individual or by some

identifying number, symbol, or other

identifying particular assigned to that

individual.

Working days. Days when the NRO is

operating and specifically excludes

Saturdays, Sundays, and legal public

holidays.

§ 326.4 Policy.

(a) Records about individuals—

(1) Collection. The NRO will

safeguard the privacy of individuals

identified in its records. Information

about an individual will, to the greatest

extent practicable, be collected directly

from the individual, and personal

information will be protected from

unintentional or unauthorized

disclosure by treating it as marked ‘For

Official Use Only.’ Access to personal

information will be restricted to those

employees whose official duties require

it during the regular course of business.

(i) Privacy Act Statement. When an

individual is requested to furnish

personal information about himself for

inclusion in a system of records, a

Privacy Act Statement is required to

enable him to make an informed

decision whether to provide the

information requested. A Privacy Act

Statement may appear, in order of

preference, at the top or bottom of a

form, on the reverse side of a form, or

attached to the form as a tear-off sheet.

(ii) Social Security Numbers (SSNs). It

is unlawful for any governmental

agency to deny an individual any right,

benefit, or privilege provided by law

because the individual refuses to

provide his SSN. However, if a federal

statute requires that the SSN be

furnished or if the SSN is required to

verify the identity of an individual in a

system of records that was established

and in use before January 1, 1975, this

restriction does not apply. When

collecting the SSN, a ‘qualified’ Privacy

Act Statement must be provided even if

the SSN will not be maintained in a

system of records. The ’qualified’

Privacy Act Statement shall inform the

individual whether the disclosure is

mandatory or voluntary, by what

statutory or other authority such

number is solicited, and what uses will

be made of it.

(2) Maintenance. The NRO will

maintain in its records only such

information about an individual which

is accurate, relevant, timely, and

necessary to accomplish a purpose

which is required by statute or

Executive Order. All records used by the

NRO to make determinations about

individuals will be maintained with

such accuracy and completeness as is

reasonably necessary to assure fairness

to the individual.

(3) Existence. The applicability of the

Privacy Act depends on the existence of

an identifiable record. The procedures

described in NRO regulations do not

require that a record be created or that

an individual be given access to records

that are not retrieved by name or other

individual identifier. Nor do these

procedures entitle an individual to have

access to any information compiled in

reasonable anticipation of a civil action

or proceeding. NRO will maintain only

those systems of records that have been

described through notices published in

the Federal Register. A system of

records from which records may be

retrieved by a name or some other

personal identifier must be under NRO

control for consideration under this

part.

(4) Disposal. The NRO will archive,

dispose of, or destroy records containing

personal data in a manner to prevent

specific records from being readily

20374 Federal Register / Vol. 65, No. 74 / Monday, April 17, 2000 / Rules and Regulations

identified or inadvertently

compromised.

(b) Evaluation of records. Statutory

authority to establish and maintain a

system of records does not grant

unlimited authority to collect and

maintain all information which may be

useful or convenient. Directorates and

offices maintaining records will

evaluate each category of information in

records systems for necessity and

relevance prior to republication of all

system notices in the Federal Register

and during the design phase or change

of a system of records. The following

will be considered in the evaluation:

(1) Relationship of each item of

information to the statutory purpose for

which the system is maintained;

(2) Specific adverse consequences of

not collecting each category of

information; and

(3) Techniques for purging parts of the

records.

(c) Disclosure of records. The NRO

will provide the fullest access

practicable by individuals to NRO

records concerning them. Release of

personal information to such

individuals is not considered public

release of information. Upon receipt of

a written request, the NRO will release

to individuals those records that are

releasable and applicable to the

individual making the request.

Generally, information, other than that

exempted by law and this part, will be

provided to the individual. NRO

personnel will comply with the Privacy

Act of 1974, as amended, the DoD

Privacy Act Program (32 CFR part 310),

and the NRO Privacy Act Program. No

NRO records shall be disclosed by any

means of communication to any person

or to any agency except pursuant to a

written request by or the prior written

consent of the individual to whom it

pertains, unless disclosure of the record

will be:

(1) To those employees of the NRO

who have an official need for the record

in the performance of their duties.

(2) Required to be disclosed to a

member of the public under the

Freedom of Information Act, as

amended.

(3) For a routine use as defined in the

Privacy Act.

(4) To the Census Bureau for the

purpose of conducting a census or

survey or related activity authorized by

law.

(5) To a recipient who has provided

the NRO with advance, adequate written

assurance that the record will be used

solely as statistical research and that the

record is to be transferred in a form in

which the individual is not identifiable.

(6) To the National Archives of the

United States as a record which has

sufficient historical or other value to

warrant its continued preservation by

the U. S. Government.

(7) To another agency or to an

instrumentality of any governmental

jurisdiction within or under the control

of the U.S. for a civil or criminal law

enforcement activity if such activity is

authorized by law and if the head of the

agency or governmental entity has made

a written request to the NRO specifying

the particular portion of the record and

the law enforcement activity for which

the record is sought (blanket requests

will not be accepted); a record may also

be disclosed to a law enforcement

agency at the initiative of the NRO

pursuant to the blanket routine use for

law enforcement when criminal conduct

is indicated in the record.

(8) To a person showing compelling

circumstances affecting the health or

safety of an individual if, upon such

disclosure, notification is sent to the last

known address of the individual to

whom the record pertains (emergency

medical information may be released by

telephone).

(9) To Congress or any committee,

joint committee, or subcommittee of

Congress with respect to a matter under

its jurisdiction. This provision does not

authorize the disclosure of a record to

members of Congress acting in their

individual capacities or on behalf of

their constituents making third party

requests. However, such releases may be

made pursuant to the blanket routine

use for Congressional inquiries when a

constituent has sought the assistance of

his Congressman for the constituent’s

individual record(s).

(10) To the Comptroller General or

any of his authorized representatives in

the course of the performance of the

duties of the General Accounting Office.

(11) Pursuant to an order of a court of

competent jurisdiction. When the record

is disclosed under compulsory legal

process and when the issuance of that

order or subpoena is made public by the

court which issued it, the NRO will

make reasonable efforts to notify the

individual to whom the record pertains

by mail at the most recent address

contained in NRO records.

(12) To a consumer reporting agency

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

(d) Allocation of resources. NRO

components shall exercise due diligence

in their responsibilities under the

Privacy Act and must devote a

reasonable level of personnel to respond

to requests on a ‘first-in, first-out’ basis.

In allocating Privacy Act resources, the

component shall consider its imposed

business demands, the totality of

resources available to it, the information

review and release demands imposed by

Congress and other governmental

authorities, and the rights of the public

under various disclosure laws. The PA

Coordinator will establish priorities for

cases consistent with established law to

ensure that smaller as well as larger

‘project’ cases receive equitable

attention.

(e) Written permission for disclosure.

Disclosures made under circumstances

not delineated in this part shall be made

only if the written permission of the

individual involved has been obtained.

Written permission shall be recorded on

or appended to the document

transmitting the personal information to

the other agency, in which case no

separate accounting of the disclosure

need be made. Written permission is

required in each case; that is, once

obtained, written permission for one

case does not constitute blanket

permission for other disclosures.

(f) Coordination with other

government agencies. Records systems

of the NRO may contain records

originated by other agencies that may

have claimed exemptions for them

under the Privacy Act. Where

appropriate, coordination will be

effected with the originating agency.

The NRO will comply with the

instructions issued by another agency

responsible for a system of records (e.g.,

Office of Personnel Management) in

granting access to such records. Records

containing information or interests of

another government agency will not be

released until coordination with the

other agency involved. A request for

information pertaining to the individual

in an NRO record system received from

another federal agency will be

coordinated with the originating agency.

(g) Accounting for disclosure. Except

for disclosures made under paragraphs

(c)(1) and (c)(2) of this section, an

accurate account of the disclosures shall

be kept by the record holder in

consultation with the Privacy Act

Coordinator (PA Coordinator). There

need not be a notation on a single

document of every disclosure of a

particular record. The record holder

should be able to construct from its

system of records the accounting

information:

(1) When required by the individual

to whom the record pertains, or

(2) When necessary to inform

previous recipients of any amended

records. The accounting shall be

retained for at least five years or for the

life of the record, whichever is longer,

to be available for review by the subject

of the record at his request except for

Federal Register / Vol. 65, No. 74 / Monday, April 17, 2000 / Rules and Regulations 20375

disclosures made under paragraph (c)(7)

of this section.

(h) Application of rules. Any request

for access, amendment, correction, etc.,

of personal record information in a

system of records by an individual to

whom such information pertains will be

governed by the Privacy Act of 1974, as

amended, DoD regulatory authority, and

this part, exclusively. Any denial or

exemption of all or part of a record from

access, disclosure, amendment,

correction, etc., will be processed under

DoD regulatory authority and this part,

unless court order or other competent

authority directs otherwise.

(i) First Amendment rights. No NRO

official or component may maintain any

information pertaining to the exercise

by an individual of his rights under the

First Amendment without the

permission of that individual unless

such collection is specifically

authorized by statute or pertains to an

authorized law enforcement activity.

(j) Non-system information on

individuals. The following information

is not considered part of personal

records systems reportable under this

part and may be maintained by NRO for

ready identification, contact, and

property control purposes only,

provided it is not maintained in a

system of records. If at any time the

information described in this paragraph

is being maintained in a system of

records, the information is subject to the

Privacy Act.

(1) Identification information at

doorways, building directories, desks,

lockers, name tags, etc.

(2) Geographical or agency contact

cards.

(3) Property receipts and control logs

for building passes, credentials,

vehicles, etc.

(4) Personal working notes of

employees that are merely an extension

of the author’s memory, if maintained

properly, do not come under the Privacy

Act. Personal notes are not considered

official NRO records if they meet the

following requirements:

(i) Keeping or discarding notes must

be at the sole discretion of the author.

Any requirement by supervising

authority, whether by oral or written

directive, regulation, policy, or memo to

maintain such notes, likely would cause

the notes to become official agency

records.

(ii) Such notes must be restricted to

the author’s personal use as memory

aids, and only the author may have

access to them. Passing them to a

successor or showing them to other

personnel (including supporting staff

such as secretaries) would likely cause

them to become agency records.

(5) Rosters. The NRO has no

restriction against rosters that contain

only corporate information such as

name, work telephone number, and

position. Good recordkeeping practices

dictate that only rosters that are relevant

and necessary to the NRO’s operations

may be maintained, and therefore

convenience rosters, which by

definition do not satisfy the test, may

not be maintained.

§ 326.5 Responsibilities.

(a) The Director, NRO (DNRO):

(1) Supervises the execution of the

Privacy Act and this part within the

NRO.

(2) Appoints:

(i) The Chief, Information Access and

Release Center as the NRO Privacy Act

Coordinator.

(ii) The Director of Security, the

Director of Policy, and the NRO General

Counsel as the NRO Appeals Panel; and

(iii) The Chief of Staff as the Senior

Official for Privacy Policy and the

Privacy Act Appeal Authority.

(b) The Privacy Act Coordinator,

NRO:

(1) Establishes, issues, and updates

policy for the NRO Privacy Act Program,

monitors compliance, and serves as the

principal NRO point of contact on all

Privacy Act matters.

(2) Receives, processes, and responds

to all Privacy Act requests received by

the NRO, including:

(i) Granting, granting in part, or

denying an initial Privacy Act request

for access or amendment to a record,

and notifying a requester of such actions

taken in regard to that request.

(ii) Granting a requester access to all

or part of a record under dispute when,

after a review, a decision is made in

favor of a requester.

(iii) Directing the appropriate NRO

component to amend a record and

advising other record holders to amend

a record when a decision is made in

favor of a requester.

(iv) Notifying a requester, if a request

is denied, of the reasons for denial and

the procedures for appeal to the Privacy

Act Appeal Authority.

(v) Notifying a requester of his right

to file a concise statement of his reasons

for disagreement with the NRO’s refusal

to amend a record.

(vi) Directing that a requester’s

statement of reasons for the request to

amend, his concise statement of

disagreement with the NRO’s refusal to

amend a record, and the NRO’s letter of

denial be included in the file containing

the disputed record.

(vii) Referring all appeals to the

Privacy Act Appeals Panel and Appeal

Authority.

(viii) Notifying a requester of any

required fees and delivering such

collected fees to the Comptroller.

(ix) Obtaining supplemental

information from the requester when

required.

(3) Serves as the NRO point of contact

with the Defense Privacy Office.

(4) Reviews NRO use of records, and

at least 40 calendar days prior to

establishing a new agency system of

records, ensures that new or amended

notices are prepared and published in

the Federal Register consistent with the

requirements of 32 CFR part 310;

(5) Coordinates with forms managers

to ensure that a Privacy Act Statement

is on all forms or in all other methods

used to collect personal information for

inclusion in any NRO records system;

(6) Prepares the NRO Privacy Act

report for submission to the DoD

Privacy Office and to other authorities,

as required by 32 CFR part 310.

(7) Reviews all procedures, including

forms, which require an individual to

furnish information for conformity with

the Privacy Act.

(8) Retains the accounting of

disclosures for at least five years or for

the life of the record, whichever is

longer, to be available for review by the

subject of the record at his request

except for disclosures made under

paragraph (c)(7) of § 326.4; and

(9) Develops and oversees Privacy Act

Program training for NRO personnel.

(c) The Privacy Act Appeals Panel,

NRO:

(1) Meets and reviews all denials

appealed by means of the NRO internal

appeals process; and

(2) Recommends a finding to the

Privacy Act Appeal Authority by a

majority vote of those present at the

meeting and based on the written record

and the panel’s deliberations.

(d) The Privacy Act Appeal Authority,

NRO:

(1) Determines all NRO Privacy Act

appeals.

(2) Reports the determination to the

PA Coordinator.

(3) Signs the final appeal letter to the

requester.

(e) General Counsel, NRO:

(1) Ensures uniformity in NRO legal

positions concerning the Privacy Act

and reviews proposed responses to

Privacy Act requests to ensure legal

sufficiency, as appropriate.

(2) Consults with DoD General

Counsel on final denials that may be

inconsistent with other final decisions

within DoD; raises new legal issues of

potential significance to other

government agencies.

(3) Provides advice and assistance to

the DNRO, the PA Coordinator, and

20376 Federal Register / Vol. 65, No. 74 / Monday, April 17, 2000 / Rules and Regulations

component Directors, as required, in the

discharge of their responsibilities

pertaining to the Privacy Act.

(4) Advises on all legal matters

concerning the Privacy Act, including

legal decisions, rulings by the

Department of Justice, and actions by

DoD and other commissions on the

Privacy Act.

(5) Approves all Privacy Act

Statements prior to their reproduction

and distribution.

(6) Acts as the NRO focal point for

Privacy Act litigation with the

Department of Justice.

(7) Provides a status report to the

Defense Privacy Office, consistent with

the requirements of 32 CFR part 310,

whenever an individual brings suit

under subsection (g) of the Privacy Act

against NRO.

(f) Chief Information Officer (CIO),

NRO:

(1) Ensures that NRO systems of

records databases have procedures to

protect the confidentiality of personal

records maintained or processed by

means of automatic data processing

(ADP) systems and ensures that ADP

systems contain appropriate safeguards

for the privacy of personnel.

(2) Coordinates with the PA

Coordinator before developing or

modifying CIO-sponsored ADP

supported files subject to the provisions

of this part.

(g) Directorate and Office Managers,

NRO:

(1) Ensure that records contained in

their directorate or office systems of

records are disclosed only to those NRO

officials or employees who require the

records for official purposes.

(2) Review their own directorate and

office systems of records to ensure and

certify that no systems of records other

than those listed in the Federal Register

System Notices are maintained; notify

the CIO and the PA Coordinator

promptly whenever there are changes to

processing equipment, hardware,

software, or database that may require

an amended system notice.

(3) Maintain only such information

about an individual as is relevant and

necessary to accomplish a purpose

which is required by statute or

Executive Order and identify the

specific provision of law or Executive

Order which provides authority for the

maintenance of information in each

system of records.

(h) System Managers, NRO:

(1) Ensure that adequate safeguards

have been established and are enforced

to prevent the misuse, unauthorized

disclosure, alteration, or destruction of

personal information contained in

system records.

(2) Ensure that all personnel who

have access to the system of records, or

are engaged in developing or

supervising procedures for handling

records, are aware of their

responsibilities established by the NRO

Privacy Act Program.

(3) Evaluate each system of records

during the planning stage and at regular

intervals. The following factors should

be considered:

(i) Relationship of data to be collected

and retained to the purposes for which

the system is maintained (all

information must be relevant and

necessary to the purpose for which it is

collected).

(ii) The specific impact on the

purpose or mission if categories of

information are not collected (all data

fields must be necessary to accomplish

a lawful purpose or mission).

(iii) Whether informational needs can

be met without using personal

identifiers.

(iv) The cost of maintaining and

disposing of records within the systems

of records and the length of time each

item of information must be retained

according to the NRO Records Control

Schedule as approved by the National

Archives and Records Administration.

(4) Review system alterations or

amendments to evaluate for relevancy

and necessity.

(i) Forms and Information Managers.

All NRO individuals responsible for

forms or methods used to collect

personal information from individuals

will:

(1) Ensure that Privacy Act Statements

are on appropriate forms and that new

forms have the required Privacy Act

Statement.

(2) Determine, with General Counsel’s

concurrence, which forms require

Privacy Act Statements and will prepare

such statements.

(3) Assist the initiators in determining

whether a form, format, questionnaire,

or report requires a Privacy Act

Statement. Privacy Act Statements must

be complete, specific, written in plain

English, and approved by the Office of

General Counsel.

(j) Employees, NRO:

(1) Will be familiar with the

provisions of this part regarding the

maintenance of systems of records,

authorized access, and authorized

disclosure;

(2) Will collect, maintain, use, and/or

disseminate records containing

identifiable personal information only

for lawful purposes; will keep the

information current, complete, relevant,

and accurate for its intended use; and

will safeguard the records in a system

and keep them the minimum time

required;

(3) Will not disclose any personal

information contained in any system of

records, except as authorized by the

Privacy Act and this part;

(4) Will maintain no system of records

concerning individuals except those

authorized, and will maintain no other

information concerning individuals

except as necessary for the conduct of

business at the NRO;

(5) Will provide individuals a Privacy

Act Statement when asking them to

provide information about themselves.

The Privacy Act Statement will include

the authority under which the

information is being requested, whether

disclosure of the information is

mandatory or voluntary, the purposes

for which it is being requested, the uses

to which it will be put, and the

consequences of not providing the

information;

(6) May not deny an individual any

right or privilege provided by law

because of that individual’s failure to

disclose his SSN unless such

information is required by federal

statute or disclosure was required by

statute or regulations adopted prior to

January 1, 1975. If disclosure of the SSN

is not required, NRO directorates and

offices are not precluded from

requesting it from individuals; however,

the Privacy Act Statement must make

clear that the disclosure of the SSN is

voluntary and, if the individual refuses

to disclose it, must be prepared to

identify him by alternate means.

(7) Will collect personal information

directly from the subject whenever

possible; employees may collect

information from third parties when

that information must be verified,

opinions or evaluations are required, the

subject cannot be contacted, or the

subject requests it.

(8) Will keep paper and electronic

records which contain personal

information and are retrieved by name

or personal identifier only in approved

systems published in the Federal

Register.

(9) Will amend and correct records

when directed by the PA Coordinator.

(10) Will report to the PA Coordinator

any disclosures of personal information

from a system of records, or the

maintenance of any system of records,

not authorized by this part.

§ 326.6 Policies for processing requests

for records.

(a) An individual’s written request for

access to records about himself which

does not specify the Act under which

the request is made will be processed

under both the Freedom of Information

Federal Register / Vol. 65, No. 74 / Monday, April 17, 2000 / Rules and Regulations 20377

Act (FOIA) and the Privacy Act and the

applicable regulations. Such requests

will be processed under both Acts

regardless of whether the requester cites

one Act, both, or neither in the request

in order to ensure the maximum

possible disclosure to the requester.

Individuals may not be denied access to

a record pertaining to themselves

merely because those records are

exempt from disclosure under the FOIA.

(b) A Privacy Act request that neither

specifies the system(s) of records to be

searched nor identifies the substantive

nature of the information sought will be

processed by searching the systems of

records categorized as Environmental

Health, Safety and Fitness, FOIA/

Privacy, General, and Security.

(c) A Privacy Act request that does not

designate the system(s) of records to be

searched but does identify the

substantive nature of the information

sought will be processed by searching

those systems of records likely to have

information similar to that sought by the

requester.

(d) The NRO will not disclose any

record to any person or government

agency except by written request or

prior written consent of the subject of

the record unless the disclosure is

required by law or is within the

exceptions of the Privacy Act. If a

requester authorizes another individual

to obtain the requested records on his

behalf, the requester shall provide a

written, signed, notarized statement

appointing that individual as his

representative and certifying that the

individual appointed may have access

to the requester’s records and that such

access shall not constitute an invasion

of his privacy nor a violation of his

rights under the Privacy Act. In lieu of

a notarized statement, the NRO will

accept a declaration in accordance with

28 U.S.C. 1746.

(e) Upon receipt of a written request,

the Privacy Act Coordinator (PA

Coordinator) will release to the

requester those records which are

releasable and applicable to the

individual making the request. Records

about individuals include data stored

electronically or in electronic media.

Documentary material qualifies as a

record if the record is maintained in a

system of records.

(f) Initial availability, potential for

release, and cost determination will

usually be made within ten working

days of the date on which a written

request for any identifiable record is

received by the NRO (and

acknowledgement is sent to the

individual). If additional time is needed

due to unusual circumstances, a written

notification of the delay will be

forwarded to the requester within the

ten working day period. This

notification will briefly explain the

circumstances for the delay and indicate

the anticipated date for a substantive

response.

(g) All requests will be handled in the

order received on a ‘first-in, first-out’

basis. Requests will be considered for

expedited processing only if the NRO

determines that there is a genuine

health, humanitarian, or due process

reason involving possible deprivation of

life or liberty which creates an

exceptional and urgent need, that there

is no alternative forum for the records

sought, and that substantive records

relevant to the stated needs may exist

and be releasable.

(h) Records provided or originated by

another agency or containing other

agency information will not be released

prior to coordination with the other

agency involved.

(i) Requesting or obtaining access to

records under false pretenses is a

violation of the Privacy Act and is

subject to criminal penalties.

§ 326.7 Procedures for collection.

(a) To the maximum extent practical,

personal information about an

individual will be obtained directly

from that individual.

(b) Whenever an individual is asked

to provide personal information,

including Social Security Number (SSN)

or a personal identifier, about himself,

a Privacy Act Statement will be

furnished that will advise him of the

authority (whether by statute or by

Executive Order) under which the

information is requested, whether

disclosure of the information is

voluntary or mandatory, the purposes

for which it is requested, the uses to

which it will be put, and the

consequences of not providing the

information.

(c) When asking third parties to

provide information about other

individuals, NRO employees will advise

them:

(1) Of the purpose of the request, and

(2) That their identities and the

information they are furnishing may be

released to the individual unless they

expressly request confidentiality. All

persons interviewed must be informed

of their rights and offered

confidentiality.

§ 326.8 Procedures for requesting access.

(a) Request in writing. An individual

seeking notification of whether a system

of records contains a record pertaining

to him, or an individual seeking access

to records pertaining to him which are

available under the Privacy Act, shall

address the request in writing to the

Privacy Act Coordinator, National

Reconnaissance Office, 14675 Lee Road,

Chantilly, VA 20151–1715. The request

should contain at least the following

information:

(1) Identification. Reasonable

identification, including first name,

middle name or initial, surname, any

aliases or nicknames, Social Security

Number, and return address of the

individual concerned, accompanied by

a signed notarized statement that such

information is true under penalty of

perjury and swearing to or affirming his

identity. An unsworn declaration, under

28 U.S.C. 1746, also is acceptable. In the

case of a request for records of a

sensitive nature if the PA Coordinator

determines that this information does

not sufficiently identify the individual,

the PA Coordinator may requests

additional identification or clarification

of information submitted by the

individual.

(i) In addition, an alien lawfully

admitted for permanent residence shall

provide his Alien Registration Number

and the date that status was acquired.

(ii) The parent or guardian of a minor

or of a person judicially determined to

be incompetent, or an attorney retained

to represent an individual, in addition

to establishing the identity of the minor

or person represented as required in this

part, shall provide evidence of his own

identity as required in this part and

evidence of such parentage,

guardianship, or representation by

submitting a certified copy of the

minor’s birth certificate, the court order

establishing such guardianship, or the

representation agreement which

establishes the relationship.

(2) Cost. A statement of willingness to

pay reproduction costs. Processing of

requests and administrative appeals

from individuals who owe outstanding

fees will be held in abeyance until such

fees are paid.

(3) Record sought. A description, to

the best of his ability, of the nature of

the record sought and the system in

which it is thought to be included. In

lieu of this, a requester may simply

describe why and under what

circumstances he believes that the NRO

maintains responsive records; the NRO

will undertake the appropriate searches.

(b) Access on behalf of the individual.

If the requester wishes another person to

obtain the records on his behalf, the

requester will furnish a notarized

statement or unsworn declaration

appointing that person as his

representative, authorizing him access

to the record, and affirming that access

will not constitute an invasion of the

requester’s privacy or a violation of his

20378 Federal Register / Vol. 65, No. 74 / Monday, April 17, 2000 / Rules and Regulations

rights under the Privacy Act. The NRO

requires a written statement to authorize

discussion of the individual’s record in

the presence of a third person.

§ 326.9 Procedures for disclosure of

requested information.

(a) The PA Coordinator shall

acknowledge receipt of the request in

writing within ten working days.

(b) Upon receipt of a request, the PA

Coordinator shall refer the request to

those components most likely to possess

responsive records. The components

shall search all relevant record systems

within their cognizance and shall:

(1) Determine whether a responsive

record exists in a system of records.

(2) Determine whether access must be

denied and on what legal basis. An

individual may be denied access to his

records under the Privacy Act only if an

exemption has been properly claimed

for all or part of the records or

information requested; or if the

information was compiled in reasonable

anticipation of a civil action or

proceeding.

(3) Approve the disclosure of records

for which they are the originator.

(4) Forward to the PA Coordinator all

records approved for release or

necessary for coordination with or

referral to another originator or

interested party as well as notification

of the specific determination for any

denial.

(c) When all records have been

collected, the PA Coordinator shall

notify the individual of the

determination and shall provide an

exact copy of records deemed to be

accessible if a copy has been requested.

(d) When an original record is

illegible, incomplete, or partially

exempt from release, the PA

Coordinator shall explain in terms

understood by the requester the portions

of a record that are unclear.

(e) If access to requested records, or

any portion thereof, is denied, the PA

Coordinator shall inform the requester

in writing of the specific reason(s) for

denial, including the specific citation to

appropriate sections of the Privacy Act

or other statutes, this and other NRO

regulations, or the Code of Federal

Regulations authorizing denial, and the

right to appeal this determination

through the NRO appeal procedure

within 60 calendar days. The denial

shall include the date of denial, the

name and title/position of the denial

authority, and the address of the NRO

Appeal Authority. Access may be

refused when the records are exempt by

the Privacy Act. Usually an individual

will not be denied access to the entire

record, but only to those portions to

which the denial of access furthers the

purpose for which an exemption was

claimed.

§ 326.10 Procedures to appeal denial of

access to requested record.

(a) Any individual whose request for

access is denied may request a review

of the initial decision within 60

calendar days of the date of the

notification of denial of access by

appealing within the NRO internal

appeals process. If a requester elects to

request NRO review, the request shall be

sent in writing to the Privacy Act

Coordinator, National Reconnaissance

Office, 14675 Lee Road, Chantilly, VA

20151–1715, briefly identifying the

particular record which is the subject of

the request and setting forth the reasons

for the appeal. The request should

enclose a copy of the denial

correspondence. The following

procedures apply to appeals within the

NRO:

(1) The PA Coordinator, after

acknowledging receipt of the appeal,

shall promptly refer the appeal to the

record-holding components, informing

them of the date of receipt of the appeal

and requesting that the component head

or his designee review the appeal.

(2) The record-holding components

shall review the initial denial of access

to the requested records and shall

inform the PA Coordinator of their

review determination.

(3) The PA Coordinator shall

consolidate the component responses,

review the record, direct such

additional inquiry or investigation as is

deemed necessary to make a fair and

equitable determination, and make a

recommendation to the NRO Appeals

Panel, which makes a recommendation

to the Appeal Authority.

(4) The Appeal Authority shall notify

the PA Coordinator of the result of the

determination on the appeal, who shall

notify the individual of the

determination in writing.

(5) If the determination reverses the

initial denial, the PA Coordinator shall

provide a copy of the records requested.

If the determination upholds the initial

denial, the PA Coordinator shall inform

the requester of his right to judicial

review in U.S. District Court and shall

include the exact reasons for denial

with specific citations to the provisions

of the Privacy Act, other statutes, NRO

regulations, or the Code of Federal

Regulations upon which the

determination is based.

(b) The Appeal Authority shall act on

the appeal or provide a notice of

extension within 30 working days.

§ 326.11 Special procedures for disclosure

of medical and psychological records.

When requested medical and

psychological records are not exempt

from disclosure, the PA Coordinator

may determine which non-exempt

medical or psychological records should

not be sent directly to the requester

because of possible harm or adverse

impact to the requester or another

person. In that event, the information

may be disclosed to a physician named

by the requester. The appointment of

the physician will be in the same

notarized form or declaration as

described in § 326.8 and will certify that

the physician is licensed to practice in

the appropriate specialty (medicine,

psychology, or psychiatry). Upon

designation, verification of the

physician’s identity, and agreement by

the physician to review the documents

with the requester to explain the

meaning of the documents and to offer

counseling designed to mitigate any

adverse reaction, the NRO will forward

such records to the designated

physician. If the requester refuses or

fails to designate a physician, the record

shall not be provided. Under such

circumstances refusal of access is not

considered a denial for Privacy Act

reporting purposes. However, if the

designated physician declines to furnish

the records to the individual, the PA

Coordinator will take action to ensure

that the records are provided to the

individual.

§ 326.12 Procedures to request

amendment or correction of record.

(a) An individual may request

amendment or correction of a record

pertaining to him/her by addressing

such request in writing, to the Privacy

Act Coordinator, National

Reconnaissance Office, 14675 Lee Road,

Chantilly, VA 20151–1715. Incomplete

or inaccurate requests will not be

rejected categorically; instead, the

requester will be asked to clarify the

request as needed. A request will not be

rejected or require resubmission unless

additional information is essential to

process the request. Usually,

amendments under this part are limited

to correcting factual errors and not

matters of official judgment, such as

promotion ratings and job performance

appraisals. The requester must

adequately support his claim and must

identify:

(1) The particular record he wishes to

amend or correct, specifying the number

of pages and documents, the titles of the

documents, form numbers if any, dates

on documents, and individuals who

signed them. Any reasonable

description of the documents is

Federal Register / Vol. 65, No. 74 / Monday, April 17, 2000 / Rules and Regulations 20379

acceptable. A clear and specific

description of passages, pages, or

documents to be amended will expedite

processing the request.

(2) The desired amending language.

The requester should specify the type of

amendment, including complete

removal of data, passages, or documents

from record or correction of information

to make it accurate, more timely,

complete, or relevant.

(3) A justification for such

amendment or correction to include any

documentary evidence supporting the

request.

(b) Individuals will be required to

provide verification of identity as in

§ 326.8. to ensure that the requester is

seeking to amend records pertaining to

himself and not, inadvertently or

intentionally, the records of another

individual.

(c) Minor factual errors in an

individual’s personal record may be

corrected routinely upon request

without resort to the Privacy Act or the

provisions of this part, if the requester

and the record holder agree to that

procedure and the requester receives a

copy of the corrected record whenever

possible. A written request is not

required when individuals indicate

amendments during routine annual

review and updating of records

programs conducted by the NRO for

civilian personnel and the Services for

military personnel. Requests for

deletion, removal of records, and

amendment of substantive factual

information will be processed according

to the Privacy Act and the provisions of

this part.

(d) The PA Coordinator shall

acknowledge receipt of the request in

writing within ten working days. No

separate acknowledgement of receipt is

necessary if the request can be either

approved or denied and the requester

advised within the ten-day period. For

written requests presented in person,

written acknowledgement may be

provided at the time the request is

presented.

(e) The PA Coordinator shall refer

such request to the record-holder

components, shall advise those

components of the date of receipt, and

shall request that those components

make a prompt determination on such

request.

(f) The record-holder components

shall promptly:

(1) Make any amendment or

correction to any portion of the record

which the individual believes is not

accurate, relevant, timely, or complete

and notify the PA Coordinator and all

holders and recipients of such records

and their amendments that the

correction was made; or

(2) Set forth the reasons for the

refusal, if they determine that the

requested amendment or correction will

not be made or if they decline to make

the requested amendment but instead

augment the official record, and so

inform the PA Coordinator.

(g) The Privacy Act Coordinator shall:

(1) Inform the requester of the

agency’s determination to make the

amendment or correction as requested

and notify all prior recipients of the

change to the disputed records for

which an accounting had been required;

or

(2) Inform the requester of the specific

reasons and legal authorities for the

agency’s refusal and the procedures

established for him to request a review

of that refusal.

(h) The amendment procedure is not

intended to replace other existing

procedures such as those for registering

grievances or appealing performance

appraisal reports. In such cases the

requester will be apprised of the

appropriate procedures for such actions.

(i) This part does not permit the

alteration of evidence presented to

courts, boards, or other official

proceedings.

§ 326.13 Procedures to appeal denial of

amendment.

(a) Any individual whose request for

amendment or correction is denied may

request a review of the initial decision

within 60 calendar days of the date of

the notification of denial by appealing

within the NRO internal appeals

process. If a requester elects to request

NRO review, the request shall be sent in

writing to the Privacy Act Coordinator,

National Reconnaissance Office, 14675

Lee Road, Chantilly, VA 20151–1715,

briefly identifying the particular record

which is the subject of the request and

setting forth the reasons for the appeal.

The request should enclose a copy of

the denial correspondence. The

following procedures apply to appeals

within the NRO:

(1) The PA Coordinator, after

acknowledging receipt of the appeal,

shall promptly refer the appeal to the

record-holding components, informing

them of the date of receipt of the appeal

and requesting that the component head

or his designee review the appeal.

(2) The record-holding components

shall review the initial denial of access

to the requested records and shall

inform the PA Coordinator of their

review determination.

(3) The PA Coordinator shall act as

secretary of the Appeals Panel. He shall:

(i) Consolidate the component

responses and reasons for the initial

denial.

(ii) Provide all supporting materials

both furnished to and by the requester

and the record-holding component.

(iii) Review the record.

(iv) Direct such additional inquiry or

investigation as is deemed necessary to

make a fair and equitable determination.

(v) Prepare the record and schedule

the appeal for the next meeting of the

Appeals Panel. The Appeals Panel shall

recommend a finding to the Appeal

Authority by a majority vote of those

present at the meeting based on the

written record and the Panel’s

deliberations. No personal appearances

shall be permitted without the express

permission of the Panel.

(4) The Appeal Authority shall notify

the PA Coordinator of the result of the

determination on the appeal who shall

notify the individual of the

determination in writing.

(5) The Appeal Authority will notify

the PA Coordinator if the determination

is that the record should be amended.

The PA Coordinator will promptly

advise the requester and the office

holding the record to amend the record

and to notify all prior recipients of the

records for which an accounting was

required of the change.

(6) If the determination upholds the

initial denial, in whole or in part, the

PA Coordinator shall inform the

requester:

(i) Of the denial and the reason.

(ii) Of his right to file in NRO records

within 60 calendar days a concise

statement of the reasons for disputing

the information contained in the record.

If the requester elects to file a statement

of disagreement, the PA Coordinator

will be responsible for clearly noting

any portion of the record that is

disputed and for appending into the file

the requester’s statement as well as a

copy of the NRO’s letter to the requester

denying the disputed information, if

appropriate. The requester’s statement

and the NRO denial letter will be made

available to anyone to whom the record

is subsequently disclosed, and prior

recipients of the disputed record will be

provided a copy of both to the extent

that an accounting of disclosures is

maintained.

(iii) Of his right to judicial review in

U.S. District Court.

(7) The Appeal Authority shall act on

the appeal or provide a notice of

extension within 30 working days.

§ 326.14 Disclosure of records to person

other than subject.

(a) Personal records contained in a

Privacy Act system of records

20380 Federal Register / Vol. 65, No. 74 / Monday, April 17, 2000 / Rules and Regulations

maintained by NRO shall not be

disclosed by any means to any person

or agency outside the NRO except with

the written consent of the individual

subject of the record, unless as provided

in this part.

(b) Except for disclosure made to

members of the NRO in connection with

their official duties and disclosures

required by the Freedom of Information

Act, an accounting will be kept of all

disclosures of records maintained in

NRO systems of records and of all

disclosures of investigative information.

Accounting entries will record the date,

kind of information, purpose of each

disclosure, and the name and address of

the person or agency to whom the

disclosure is made. Accounting records

will be maintained for at least five years

after the last disclosure or for the life of

the record, whichever is longer. Subjects

of NRO records will be given access to

associated accounting records upon

request except for disclosures made

pursuant to § 326.4, or where an

exemption has been properly claimed

for the system of records.

§ 326.15 Fees.

Individuals requesting copies of their

official personnel records are entitled to

one free copy; a charge will be assessed

for additional copies. There is a cost of

$.15 per page. Fees will not be assessed

if the cost is less than $30.00. Fees

should be paid by check or postal

money order payable to the Treasurer of

the United States and forwarded to the

Privacy Act Coordinator, NRO, at the

time the copy of the record is delivered.

In some instances, fees will be due in

advance.

§ 326.16 Penalties.

Each request shall be treated as a

certification by the requester that he is

the individual named in the request.

The Privacy Act provides criminal

penalties for any person who knowingly

and willfully requests or obtains any

information concerning an individual

under false pretenses.

§ 326.17 Exemptions.

(a) All systems of records maintained

by the NRO shall be exempt from the

requirements of 5 U.S.C. 552a(d)

pursuant to 5 U.S.C. 552a(k)(1) to the

extent that the system contains any

information properly classified under

Executive Order 12958 and which is

required by the Executive Order to be

withheld in the interest of national

defense of foreign policy. This

exemption, which may be applicable to

parts of all systems of records, is

necessary because certain record

systems not otherwise specifically

designated for exemptions herein may

contain items of information that have

been properly classified.

(b) No system of records within the

NRO shall be considered exempt under

subsection (j) or (k) of the Privacy Act

until the exemption and the exemption

rule for the system of records has been

published as a final rule in the Federal

Register.

(c) An individual is not entitled to

have access to any information

compiled in reasonable anticipation of a

civil action or proceeding (5 U.S.C.

552a(d)(5)).

(d) Proposals to exempt a system of

records will be forwarded to the Defense

Privacy Office, consistent with the

requirements of 32 CFR part 310, for

review and action.

Dated: April 11, 2000.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 00–9417 Filed 4–14–00; 8:45 am]

BILLING CODE 5001–10–F

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 00–655; MM Docket No. 99–139; RM–

9402, RM–9412]

Radio Broadcasting Services;

Princeville, Kapaa, and Kalaheo, HI

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of two separate petitioners,

Vetter Communications Co., Inc.

permittee of Station KAWT, Channel

255C1, Princeville, Hawaii, and B&GRS

Partnership permittee of Station KAYI,

Channel 260C1, Princeville, Hawaii

reallots Channel 255C1 from Princeville

to Kapaa, Hawaii, as the community’s

first local aural service and reallots

Channel 260C1 from Princeville to

Kalaheo, Hawaii. See 64 FR 24566 (May

7, 1999). Each channel can be allotted

to its respective community in

compliance with the Commission’s

minimum distance separation

requirements, with respect to domestic

allotments, without the imposition of a

site restriction. The reference

coordinates for a Channel 255C1

allotment at Kapaa, Hawaii, are 22–04–

42 North Latitude and 159–19–19 West

Longitude. The reference coordinates for

a Channel 260C1 allotment at Kalaheo,

Hawaii, are 21–59–54 North Latitude

and 159–25–35 West Longitude.

DATE: Effective May 8, 2000.

FOR FURTHER INFORMATION CONTACT:

Victoria M. McCauley, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 99–139,

adopted March 15, 2000, and released

March 24, 2000. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 239), 445 12th Street,

SW., Washington, DC. The complete

text of this decision may also be

purchased from the Commission’s copy

contractor, International Transcription

Services, Inc., (202) 857–3800, 1231

20th Street, NW., Washington, DC

20036.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of Title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334. 336.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Hawaii, is amended

by removing Princeville, Channels

255C1, and 260C1, and adding in

alphabetical order, Kapaa, Channel

255C1, and Kalaheo, Channel 260C1.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 00–9381 Filed 4–14–00; 8:45 am]

BILLING CODE 6712–01–U

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Parts 209 and 230

[FRA Docket No. RSSL–98–1, Notice No.

4]

Inspection and Maintenance Standards

for Steam Locomotives

AGENCY: Federal Railroad

Administration (FRA), Department of

Transportation (DOT).

ACTION: Public meetings on final rule.

SUMMARY: On November 17, 1999, FRA

published the final rule on inspection

and maintenance of steam locomotives

(64 FR 62828). The Inspection and