This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

56617 

Vol. 72, No. 192 

Thursday, October 4, 2007 

OFFICE OF SPECIAL COUNSEL 

5 CFR Part 1830 

Privacy Act of 1974; Implementation 

AGENCY: Office of Special Counsel. 

ACTION: Final rule. 

SUMMARY: The U.S. Office of Special 

Counsel (OSC) is publishing notice of 

the final rule revising its regulations 

dealing with the agency’s 

implementation of the Privacy Act, at 5 

U.S.C. 552a. The regulation, as revised, 

provides additional information about 

access to OSC records under the Privacy 

Act. 

DATES: This rule is effective on October 

4, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Kathryn Stackhouse, General Law 

Counsel, in writing at: U.S. Office of 

Special Counsel, Legal Counsel and 

Policy Division, 1730 M Street, N.W., 

Suite 218, Washington, DC 20036–4505; 

by telephone at (202) 254–3690; or by 

facsimile at (202) 653–5151. 

SUPPLEMENTARY INFORMATION: OSC 

published notice of proposed revisions 

to its regulations at 5 C.F.R. Part 1830, 

dealing with the agency’s 

implementation of the Privacy Act, at 5 

U.S.C. 552a, with a request for 

comments and a description of the 

proposed revisions, in the Federal 

Register on August 14, 2007 (72 FR 

45388). The regulation, as revised: (1) 

modifies and updates contact 

information for requests and appeals to 

OSC, adding fax delivery as a means by 

which they may be sent, and specifies 

the OSC point of receipt for such 

matters; (2) modifies the description of 

information needed for effective 

processing of requests and appeals; (3) 

revises the description of proof of 

identity information needed by OSC 

(including by deletion of the 

requirement that all requests must 

include a date and place of birth and a 

Social Security number, while retaining 

the option for OSC to request some or 

all of that data if needed to confirm a 

requester’s identity); (4) clarifies that 

Privacy Act requests for records may 

also be processed under the Freedom of 

Information Act; (5) extends the appeal 

period for requests and revises the 

description of the response time for 

appeals; (6) clarifies that exempt 

material in OSC case files includes all 

matters within OSC’s jurisdiction 

(including alleged violations of the 

Uniformed Services Employment and 

Reemployment Rights Act) and 

information included in background 

investigations conducted for OSC 

employees and others; (7) adds two new 

sections (on general provisions and 

other rights and services), moves 

updated information about fees to a new 

section, and revises section headings 

throughout the regulation. OSC is 

submitting a report on this final rule to 

Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act. 

Procedural determinations were 

published in the notice of proposed 

rulemaking for the Congressional 

Review Act, Regulatory Flexibility Act, 

Unfunded Mandates Reform Act, 

Paperwork Reduction Act, Executive 

Order 12866 (Regulatory Planning and 

Review), Executive Order 13132 

(Federalism), and Executive Order 

12988 (Civil Justice Reform). There have 

been no changes in these procedural 

determinations. 

List of Subjects in 5 CFR Part 1830 

Administrative practice and 

procedure, Government employees, 

Privacy. 

■ For the reasons stated in the preamble, 

OSC is revising 5 CFR Part 1830 to read 

as follows: 

PART 1830--PRIVACY 

Sec. 

1830.1 General provisions. 

1830.2 Requirements for making 

Privacy Act requests. 

1830.3 Medical records. 

1830.4 Requirements for requesting 

amendment of records. 

1830.5 Appeals. 

1830.6 Exemptions. 

1830.7 Fees. 

1830.8 Other rights and services. 

Authority: 5 U.S.C. 552a(f), 1212(e). 

§ 1830.1 General provisions. 

This part contains rules and 

procedures followed by the Office of 

Special Counsel (OSC) in processing 

requests for records under the Privacy 

Act (PA), at 5 U.S.C. 552a. Further 

information about access to OSC records 

generally is available on the agency’s 

web site (http://www.osc.gov/foia.htm ). 

§ 1830.2 Requirements for making Privacy 

Act requests. 

(a) How made and addressed. A 

request for OSC records under the 

Privacy Act should be made by writing 

to the agency. The request should be 

sent by regular mail addressed to: 

Privacy Act Officer, U.S. Office of 

Special Counsel, 1730 M Street, N.W. 

(Suite 218), Washington, DC 20036– 

4505. Such requests may also be faxed 

to the Privacy Act Officer at the number 

provided on the FOIA/PA page of OSC’s 

web site (see 1830.1). For the quickest 

handling, both the request letter and 

envelope or any fax cover sheet should 

be clearly marked ‘‘Privacy Act 

Request.’’ A Privacy Act request may 

also be delivered in person at OSC’s 

headquarters office in Washington, DC. 

Whether sent by mail or by fax, or 

delivered in person, a Privacy Act 

request will not be considered to have 

been received by OSC until it reaches 

the Privacy Act Officer. 

(b) Description of records sought. 

Requesters must describe the records 

sought in enough detail for them to be 

located with a reasonable amount of 

effort. Whenever possible, requests 

should describe any particular record 

sought, such as the date, title or name, 

author, recipient, and subject matter. 

(c) Proof of identity. Requests received 

by mail, fax, or personal delivery should 

contain sufficient information to enable 

OSC to determine that the requester and 

the subject of the record are one and the 

same. To assist in this process, an 

individual should submit his or her 

name and home address, business title 

and address, and any other known 

identifying information such as an 

agency file number or identification 

number, a description of the 

circumstances under which the records 

were compiled, and any other 

information deemed necessary by OSC 

to properly process the request. An 

individual delivering a request in 

person may be required to present proof 

of identity, preferably a governmentVerDate Aug<31>2005 16:13 Oct 03, 2007 Jkt 214001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\04OCR1.SGM 04OCR1

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56618 Federal Register / Vol. 72, No. 192 / Thursday, October 4, 2007 / Rules and Regulations 

issued document bearing the 

individual’s photograph. 

(d) Freedom of Information Act 

processing. OSC also processes all 

Privacy Act requests for access to 

records under the Freedom of 

Information Act, 5 U.S.C. 552, following 

the rules contained in part 1820 of this 

chapter, which gives requesters the 

benefit of both statutes. 

§ 1830.3 Medical records. 

When a request for access involves 

medical records that are not otherwise 

exempt from disclosure, the requesting 

individual may be advised, if it is 

deemed necessary by OSC, that the 

records will be provided only to a 

physician designated in writing by the 

individual. Upon receipt of the 

designation, the physician will be 

permitted to review the records or to 

receive copies by mail upon proper 

verification of identity. 

§ 1830.4 Requirements for requesting 

amendment of records. 

(a) How made and addressed. 

Individuals may request amendment of 

records pertaining to them that are 

subject to amendment under the Privacy 

Act and this part. The request should be 

sent by regular mail addressed to: 

Privacy Act Officer, U.S. Office of 

Special Counsel, 1730 M Street, N.W. 

(Suite 218), Washington, DC 20036–

4505. Such requests may also be faxed 

to the Privacy Act Officer at the number 

provided on the FOIA/PA page of OSC’s 

web site (see 1830.1). For the quickest 

handling, both the request letter and 

envelope or any fax cover sheet should 

be clearly marked ‘‘Privacy Act 

Amendment Request.’’ Whether sent by 

mail or by fax, a Privacy Act 

amendment request will not be 

considered to have been received by 

OSC until it reaches the Privacy Act 

Officer. A Privacy Act amendment 

request may also be delivered by person 

at OSC’s headquarters office in 

Washington, DC. 

(b) Description of amendment sought. 

Requests for amendment should include 

identification of records together with a 

statement of the basis for the requested 

amendment and all available supporting 

documents and materials. Requesters 

must describe the amendment sought in 

enough detail for the request to be 

evaluated. 

(c) Proof of identity. Rules and 

procedures set forth in 1830.2(c) apply 

to requests made under this section. 

(d) Acknowledgement and response. 

Requests for amendment shall be 

acknowledged by OSC not later than 10 

days (excluding Saturdays, Sundays, 

and legal holidays) after receipt by the 

Privacy Act Officer and a determination 

on the request shall be made promptly. 

§ 1830.5 Appeals. 

(a) Appeals of adverse 

determinations. A requester may appeal 

a denial of a Privacy Act request for 

access to or amendment of records to 

the Legal Counsel and Policy Division, 

U.S. Office of Special Counsel, 1730 M 

Street, N.W. (Suite 218), Washington, 

DC 20036–4505. The appeal must be in 

writing, and sent by regular mail or by 

fax. The appeal must be received by the 

Legal Counsel and Policy Division 

within 45 days of the date of the letter 

denying the request. For the quickest 

possible handling, the appeal letter and 

envelope or any fax cover sheet should 

be clearly marked ‘‘Privacy Act 

Appeal.’’ An appeal will not be 

considered to have been received by 

OSC until it reaches the Legal Counsel 

and Policy Division. The appeal letter 

may include as much or as little related 

information as the requester wishes, as 

long as it clearly identifies the OSC 

determination (including the assigned 

request number, if known) being 

appealed. An appeal ordinarily will not 

be acted on if the request becomes a 

matter of litigation. 

(b) Responses to appeals. The agency 

decision on an appeal will be made in 

writing. A final determination will be 

issued within 30 days (excluding 

Saturdays, Sundays, and legal holidays), 

unless, for good cause shown, OSC 

extends the 30–day period. 

§ 1830.6 Exemptions. 

OSC will claim exemptions from the 

provisions of the Privacy Act at 

subsections (c)(3) and (d) as permitted 

by subsection (k) for records subject to 

the act that fall within the category of 

investigatory material described in 

paragraphs (2) and (5) and testing or 

examination material described in 

paragraph (6) of that subsection. The 

exemptions for investigatory material 

are necessary to prevent frustration of 

inquiries into allegations in prohibited 

personnel practice, unlawful political 

activity, whistleblower disclosure, 

Uniformed Services Employment and 

Reemployment Rights Act, and other 

matters under OSC’s jurisdiction, and to 

protect identities of confidential sources 

of information, including in background 

investigations of OSC employees, 

contractors, and other individuals 

conducted by or for OSC. The 

exemption for testing or examination 

material is necessary to prevent the 

disclosure of information which would 

potentially give an individual an unfair 

competitive advantage or diminish the 

utility of established examination 

procedures. OSC also reserves the right 

to assert exemptions for records 

received from another agency that could 

be properly claimed by that agency in 

responding to a request. OSC may also 

refuse access to any information 

compiled in reasonable anticipation of a 

civil action or proceeding. 

§ 1830.7 Fees. 

Requests for copies of records shall be 

subject to duplication fees set forth in 

part 1820 of this chapter. 

§ 1830.8 Other rights and services. 

Nothing in this part shall be 

construed to entitle any person, as of 

right, to any service or to the disclosure 

of any record to which such person is 

not entitled under the Privacy Act. 

Dated: September 28, 2007 

James Byrne, 

Deputy Special Counsel. 

[FR Doc. E7–19571 Filed 10–3–07; 8:45 am] 

BILLING CODE 7405–01–S 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–27955; Directorate 

Identifier 2007–NE–15–AD; Amendment 39–

15201; AD 2007–19–10] 

RIN 2120–AA64 

Airworthiness Directives; Rolls-Royce 

plc RB211 Trent 500 Series Turbofan 

Engines; Correction 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; correction. 

SUMMARY: The FAA is correcting 

airworthiness directive (AD) 2007–19–

10. That AD applies to Rolls-Royce plc 

RB211 Trent 500 series turbofan 

engines. We published that AD in the 

Federal Register on September 18, 2007 

(72 FR 53108). The compliance limit of 

2,190 cycles-since-new is incorrect in 

two places. This document corrects that 

compliance limit to 2,910 cycles-sincenew. In all other respects, the original 

document remains the same. 

DATES: Effective Date: Effective October 

4, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Spinney, Aerospace 

Engineer, Engine Certification Office, 

FAA, Engine and Propeller Directorate, 

12 New England Executive Park, 

Burlington, MA 01803; e-mail: 

Christopher.spinney@faa.gov; telephone 

(781) 238–7175; fax (781) 238–7199. 


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