70768 Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules 

Act, as amended, means the human 

(including fetal) kidney, liver, heart, 

lung, pancreas, bone marrow, cornea, 

eye, bone, skin, and intestine (or any 

subpart thereof). 

[FR Doc. 05–23149 Filed 11–22–05; 8:45 am] 

BILLING CODE 4160–15–P 

NATIONAL FOUNDATION ON THE 

ARTS AND THE HUMANITIES 

45 CFR Part 1182 

RIN 3137–AA17 

Institute of Museum and Library 

Services; Implementation of the 

Privacy Act of 1974 

AGENCY: Institute of Museum and 

Library Services (IMLS), NFAH. 

ACTION: Proposed rule. 

SUMMARY: The Institute of Museum and 

Library Services (Institute) in publishing 

a proposed rule setting forth regulations 

under the Privacy Act of 1974 and 

conforming to the President’s 

memorandum of June 1, 1998—Plain 

Language in Government Writing. These 

regulations establish procedures by 

which an individual may determine 

whether a system of records maintained 

by the Institute contains a record 

pertaining to him or her; gain access to 

such records; and request correction or 

amendment of such records. These 

regulations also establish exemptions 

from certain Privacy Act requirements 

for all or part of certain systems or 

records maintained by the Institute. 

DATES: Comments are invited and must 

be received by no later than December 

23, 2005. 

ADDRESSES: Address all comments 

concerning this proposed rule to Nancy 

E. Weiss, General Counsel, Institute of 

Museum and Library Services, 1800 M 

Street, NW., 9th Floor, Washington, DC 

20036. Submit electronic comments to 

nweiss@imls.gov. Telephone: (202) 653–

4784. Facsimile: (202) 653–4625. 

FOR FURTHER INFORMATION CONTACT: 

Nancy E. Weiss, General Counsel, 

Institute of Museum and Library 

Services, 1800 M Street, NW., Ninth 

Floor, Washington, DC 20036. E-mail: 

nweiss@imls.gov. Telephone: (202) 653–

4787. Facsimile: (202) 653–4625. 

SUPPLEMENTARY INFORMATION: The 

Institute operates as part of the National 

Foundation on the Arts and the 

Humanities under the National 

Foundation on the Arts and the 

Humanities Act of 1965, as amended (20 

U.S.C. 951 et seq.). The corresponding 

regulations published at 45 CFR Chapter 

XI, Subchapter A apply to the entire 

Foundation, while the regulations 

published at 45 CFR Chapter XI, 

Subchapter E apply only to the Institute. 

This proposed rules adds Privacy Act 

regulations to Subchapter E (45 CFR 

part 1182), replacing the existing 

regulations in Subchapter A (45 CFR 

part 1115) with regard to the Institute. 

The new regulations provide additional 

detail concerning several provisions of 

the Privacy Act, and are intended to 

increase understanding of the Institute’s 

Privacy Act policies. The Institute is 

authorized to propose the new 

regulations under 5 U.S.C. 552a(f) of the 

Privacy Act. 

SUPPLEMENTARY INFORMATION: 

I. Public Comment Procedures 

The regulatory repeal proposed in this 

rulemaking eliminates outdated 

regulations and makes technical 

amendments to reflect Congress’

reauthorization of the Institute of 

Museum and Library Services under 

The Museum and Library Services Act 

of 2003, Public Law 108–81 (September 

25, 2003). These changes are proposed 

to ensure that all regulations governing 

provision of grants made by the Institute 

are consistent with current statutory 

guidance and agency practice. The 

public is invited to make substantive 

comment on any of these proposed 

changes. 

Comments should be submitted in 

writing to the address indicated in the 

ADDRESSES section of this document. All 

comments received will be available 

upon request for public inspection at 

Institute of Museum and Library 

Services, 1800 M Street, NW., Ninth 

Floor, Washington, DC 20036. All 

written comments received by the date 

indicated in the DATES section of this 

document and all other relevant 

information in the record will be 

carefully assessed and fully considered 

prior to publication of the final rule. 

Any information considered to be 

confidential must be so identified and 

submitted in writing. We will not 

consider comments submitted 

anonymously. However, if you wish us 

to withhold your name and/or address, 

you must state this prominently at the 

beginning of your comment. 

II. Matters of Regulatory Procedure 

Regulatory Planning and Review (E.O. 

12866) 

Under Executive Order 12866, the 

Institute must determine whether the 

regulatory action is ‘‘significant’’ and 

therefore subject to OMB review and the 

requirements of the Executive Order. 

The Order defines a ‘‘significant 

regulatory action’’ as one that is likely 

to result in a rule that may: (1) Have an 

annual effect on the economy of $100 

million or more or adversely affect in a 

material way the economy, a sector 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; or (4) raise novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in the Executive 

Order. 

The Proposed rules would add 

Privacy Act regulations to subchapter E 

(45 CFR part 1182), replacing the 

existing regulations in Subchapter A (45 

CFR part 1115) with regard to the 

Institute. The new regulations provide 

additional detail concerning several 

provisions of the Privacy Act, and are 

intended to increase understanding of 

the Institute’s Privacy Act policies. As 

such, it does not impose a compliance 

burden on the economy generally or on 

any person or entity. Accordingly, this 

rule is not a ‘‘significant regulatory 

action’’ from an economic standpoint, 

and it does not otherwise create any 

inconsistencies or budgetary impacts to 

any other agency or Federal Program. 

Regulatory Flexibility Act 

Because this proposed rule would add 

Privacy Act regulations to Subchapter E 

(45 CFR part 1182), replacing the 

existing regulations in Subchapter A (45 

CFR part 1115) with regard to the 

Institute, the Institute has determined in 

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

et seq.) review that this proposed rule 

will not have a significant economic 

impact on a substantial number of small 

entities. 

Paperwork Reduction Act 

This rule is exempt from the 

requirements of the Paperwork 

Reduction Act, since it adds Privacy Act 

regulations to Subchapter E (45 CFR 

part 1182), replacing the existing 

regulations in Subchapter A (45 CFR 

part 1115) with regard to the Institute. 

An OMB form 83–1 is not required. 

Unfunded Mandates Reform Act 

For purposes of the Unfunded 

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

chapter 25, subchapter II), this rule will 

not significantly or uniquely affect small 

governments and will not result in 

increased expenditures by State, local, 

Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules 70769 

and tribal governments, or by the 

private sector, of $100 million or more 

as adjusted for inflation) in any one 

year. 

Small Business Regulatory Enforcement 

Fairness Act (SBREFA) 

This proposed rule is not a major rule 

under 5 U.S.C. 804(2), the Small 

Business Regulatory Enforcement 

Fairness Act. This proposed rule: 

a. Does not have an annual effect on 

the economy of $100 million or more. 

b. Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. 

c. Does not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S.-based enterprises to 

compete with foreign based enterprises. 

Takings (E.O. 12630) 

In accordance with Executive Order 

12630, the proposed rule does not have 

significant takings implications. No 

rights, property or compensation has 

been, or will be taken. A takings 

implication assessment is not required. 

Federalism (E.O. 13132) 

In accordance with Executive Order 

13132, this proposed rule does not have 

federalism implications that warrant the 

preparation of a federalism assessment. 

Civil Justice Reform (E.O. 12988) 

In accordance with Executive Order 

12988, the Institute has determined that 

this proposed rule does not unduly 

burden the judicial system and meets 

the requirements of sections 3(a) and 

3(b)(2) of the Order. 

Consultation With Indian tribes (E.O. 

13175) 

In accordance with Executive Order 

13175, the Institute has evaluated this 

proposed rule and determined that it 

has no potential negative effects on 

federally recognized Indian tribes. 

National Environmental Policy Act 

This proposed rule does not 

constitute a major Federal action 

significantly affecting the quality of the 

human environment. 

List of Subjects in 45 CFR Part 1182 

Privacy. 

Dated: November 16, 2005. 

Nancy E. Weiss, 

General Counsel, Institute of Museum and 

Library Services. 

For the reasons stated in the 

preamble, the Institute proposes to 

amend Title 45, Code of Federal 

Regulations, Subchapter E, by adding 

part 1182 to read as follows: 

PART 1182—IMPLEMENTATION OF 

THE PRIVACY ACT OF 1974 

Sec. 

1182.1 Purpose and scope of these 

regulations. 

1182.2 Definitions. 

1182.3 Inquiries about the Institute’s 

systems of records or implementation of 

the Privacy Act. 

1182.4 Procedures for notifying the public 

of the Institute’s systems of records. 

1182.5 Procedures for notifying government 

entities of the Institute’s proposed 

changes to its systems of records. 

1182.6 Limits that exist as to the contents 

of the Institute’s systems of records. 

1182.7 Institute procedures for collecting 

information from individuals for its 

records. 

1182.8 Procedures for acquiring access to 

Institute records pertaining to an 

individual. 

1182.9 Identification required when 

requesting access to Institute records 

pertaining to an individual. 

1182.10 Procedures for amending or 

correcting an individual’s Institute 

record. 

1182.11 Procedures for appealing a refusal 

to amend or correct an Institute record. 

1182.12 Fees charged to locate, review, or 

copy records. 

1182.13 Policies and procedures for 

Institute disclosure of its records. 

1182.14 Procedures for maintaining 

accounts of disclosures made by the 

Institute from its systems of records. 

1182.15 Institute responsibility for 

maintaining adequate technical, 

physical, and security safeguards to 

prevent unauthorized disclosure or 

destruction of manual and automatic 

record systems. 

1182.16 Procedures to ensure that Institute 

employees involved with its systems of 

records are familiar with the 

requirements and of the Privacy Act. 

1182.17 Institute systems of records that are 

covered by exemptions in the Privacy 

Act. 

1182.18 Penalties for obtaining an Institute 

record under false pretenses. 

1182.19 Restrictions that exist regarding the 

release of mailing lists. 

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

§ 1182.1 Purpose and scope of these 

regulations. 

The regulations in this part set forth 

the Institute’s procedures under the 

Privacy Act, as required by 5 U.S.C. 

552a(f), with respect to systems of 

records maintained by the Institute. 

These regulations establish procedures 

by which an individual may exercise 

the rights granted by the Privacy Act to 

determine whether an Institute system 

contains a record pertaining to him or 

her; to gain access to such records; and 

to request correction or amendment of 

such records. These regulations also set 

identification requirements, prescribe 

fees to be charged for copying records, 

and establish exemptions from certain 

requirements of the Act for certain 

Institute systems or components thereof. 

§ 1182.2 Definitions. 

The definitions of the Privacy Act 

apply to this part. In addition, as used 

in this part: 

(a) Agency means any executive 

department, military department, 

government corporation, or other 

establishment in this executive branch 

of the Federal Government, including 

the Executive Office of the President or 

any independent regulatory agency. 

(b) Business day means a calendar 

day, excluding Saturdays, Sundays, and 

legal public holidays. 

(c) Director means the Director of the 

Institute, or his or her designee; 

(d) General Counsel means the 

General Counsel of the Institute, or his 

or her designee. 

(e) Individual means any citizen of the 

United States or an alien lawfully 

admitted for permanent residence; 

(f) Institute means the Institute of 

Museum and Library Services; 

(g) Institute system means a system of 

records maintained by the Institute; 

(h) Maintain means to collect, use, 

store, or disseminate records, as well as 

any combination of these recordkeeping 

functions. The term also includes 

exercise of control over and, therefore, 

responsibility and accountability for, 

systems of records; 

(i) Privacy Act or Act means the 

Privacy Act of 1974, as amended (5 

U.S.C. 552a); 

(j) Record means any item, collection, 

or grouping of information about an 

individual that is maintained by an 

agency and contains the individual’s 

name or another identifying particular, 

such as a number or symbol assigned to 

the individual, or his or her fingerprint, 

voice print, or photograph. The term 

includes, but is not limited to, 

information regarding an individual’s 

education, financial transactions, 

medical history, and criminal or 

employment history; 

(k) Routine use means, with respect to 

the disclosure of a record, the use of a 

record for a purpose that is compatible 

with the purpose for which it was 

collected; 

(l) Subject individual means the 

individual to whom a record pertains. 

Uses of the terms ‘‘I’’, ‘‘ you’’, ‘‘me’’, and 

other references to the reader of the 

regulations in this part are meant to 

apply to subject individuals as defined 

in this paragraph (1); and 

(m) System of records means a group 

of records under the control of any 

70770 Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules 

agency from which information is 

retrieved by use of the name of the 

individual or by some number, symbol, 

or other identifying particular assigned 

to the individual. 

§ 1182.3 Inquiries about the Institute’s 

systems of records or implementation of 

the Privacy Act. 

Inquiries about the Institute’s systems 

of records or implementation of the 

Privacy Act should be sent to the 

following address: Institute of Museum 

and Library Services; Office of the 

General Counsel; 1800 M Street, NW., 

9th Floor, Washington, DC 20036. 

§ 1182.4 Procedures for notifying the 

public of the Institute’s systems of records. 

(a) From time to time, the Institute 

shall review its systems of records in the 

Federal Register, and publish, if 

necessary, any amendments to those 

systems of records. Such publication 

shall not be made for those systems of 

records maintained by other agencies 

while in the temporary custody of the 

Institute. 

(b) At least 30 days prior to 

publication of information under 

paragraph (a) of this section, the 

Institute shall publish in the Federal 

Register a notice of its intention to 

establish any new routine uses of any of 

its systems of records, thereby providing 

the public an opportunity to comment 

on such uses. This notice published by 

the Institute shall contain the following: 

(1) The name of the system of records 

for which the routine use is to be 

established; 

(2) The authority for the system; 

(3) The purpose for which the record 

is to be maintained; 

(4) The purposed routine use(s); 

(5) The purpose of the routine use(s); 

and 

(6) The categories of recipients of 

such use. 

(c) Any request for additions to the 

routine uses of Institute systems should 

be sent to the Office of the General 

Counsel (see § 1182.3). 

(d) Any individual who wishes to 

know whether an Institute system 

contains a record pertaining to him or 

her should write to the Office of the 

General Counsel (see § 1182.3). Such 

individuals may also call the Office of 

the General Counsel at (202) 653–4787 

on business days, between the hours of 

9 a.m. and 5 p.m., to schedule an 

appointment to make an inquiry in 

person. Inquiries should be present in 

writing and should specifically identify 

the Institute systems involved. The 

Institute will attempt to respond to an 

inquiry regarding whether a record 

exists within 10 business days of 

receiving the inquiry. 

§ 1182.5 Procedures for notifying 

government entities of the Institute’s 

proposed changes to its systems of 

records. 

When the Institute proposes to 

establish or significantly change any of 

its systems of records, it shall provide 

adequate advance notice of such 

proposal to the Committee on 

Government Reform of the House of 

Representatives, the Committee on 

Governmental Affairs of the Senate, and 

the Office of Management and Budget 

(OMB), in order to permit an evaluation 

of the probable or potential effect of 

such proposal on the privacy or other 

rights of individuals. This report will be 

submitted in accordance with 

guidelines provided by the OMB. 

§ 1182.6 Limits that exist as to the 

contents of the Institute’s systems of 

records. 

(a) The Institute shall maintain only 

such information about an individual as 

is relevant and necessary to accomplish 

a purpose of the agency required by 

statute or by executive order of the 

President. In addition, the Institute shall 

maintain all records that are used in 

making determinations about any 

individual with such accuracy, 

relevance, timeliness, and completeness 

as is reasonably necessary to ensure 

fairness to that individual in the making 

of any determination about him or her. 

However, the Institute shall not be 

required to update retired records. 

(b) The Institute shall not maintain 

any record about any individual with 

respect to or describing how such 

individual exercises rights guaranteed 

by the First Amendment of the 

Constitution of the United States, unless 

expressly authorized by statute or by the 

subject individual, or unless pertinent 

to and within the scope of an authorized 

law enforcement activity. 

§ 1182.7 Institute procedures for collecting 

information from individuals for its records. 

The Institute shall collect 

information, to the greatest extent 

practicable, directly from you when the 

information may result in adverse 

determination about your rights, 

benefits, or privileges under Federal 

programs. In addition, the Institute shall 

inform you of the following, either on 

the form it uses to collect the 

information or on a separate form that 

you can retain, when it asks you to 

supply information: 

(a) The statutory or executive order 

authority that authorizes the solicitation 

of the information; 

(b) Whether disclosure of such 

information is mandatory of voluntary; 

(c) The principal purpose(s) for which 

the information is intended to be used; 

(d) The routine uses that may be made 

of the information, as published 

pursuant to § 1182.4; and 

(e) Any effects on you of not 

providing all or any part of the required 

or requested information. 

§ 1182.8 Procedures for acquiring access 

to Institute records pertaining to an 

individual. 

The following procedures apply to 

records that are contained in an Institute 

system: 

(a) You may request review of records 

pertaining to you by writing to the 

Office of the General Counsel (see 

§ 1182.3). You also may call the Office 

of the General Counsel at (202) 653–

4787 on business days, between the 

hours of 9 a.m. and 5 p.m., to schedule 

an appointment to make such a request 

in person. A request for records should 

be presented in writing and should 

identify specifically the Institute 

systems involved. 

(b) Access to the record, or to any 

other information pertaining to you that 

is contained in the system, shall be 

provided if the identification 

requirements of § 1182.9 are satisfied 

and the record is determined otherwise 

to be releasable under the Privacy Act 

and these regulations. The Institute 

shall provide you an opportunity to 

have a copy made of any such record 

about you. Only one copy of each 

requested record will be supplied, based 

on the fee schedule in § 1182.12. 

(c) The Institute will comply 

promptly with requests made in person 

at scheduled appointments, if the 

requirements of this section are met and 

the records sought are immediately 

available. The Institute will 

acknowledge, within 10 business days, 

mailed requests or personal requests for 

documents that are not immediately 

available, and the information requested 

will be provided promptly thereafter. 

(d) If you make your request in person 

at a scheduled appointment, you may, 

upon your request, be accompanied by 

a person of your choice to review your 

record. The Institute may require that 

you furnish a written statement 

authorizing discussion of your record in 

the accompanying person’s presence. A 

record may be disclosed to a 

representative chosen by you upon your 

proper written consent. 

(e) Medical or psychological records 

pertaining to you shall be disclosed to 

you unless, in the judgment of the 

Institute, access to such records might 

have an adverse effect upon you. When 

such a determination has been made, 

the Institute may refuse to disclose such 

information directly to you. The 

Institute will, however, disclose this 

Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules 70771 

information to a licensed physician 

designated by you in writing. 

§ 1182.9 Identification required when 

requesting access to Institute records 

pertaining to an individual. 

The Institute shall require reasonable 

identification of all individuals who 

request access to records in an Institute 

system to ensure that they are disclosed 

to the proper person. 

(a) The amount of personal 

identification required will of necessity 

vary with the sensitivity of the record 

involved. In general, if you request 

disclosure in person, you shall be 

required to show an identification card, 

such as a driver’s license, containing 

your photograph and sample signature. 

However, with regard to records in 

Institute systems that contain 

particularly sensitive and/or detailed 

personal information, the Institute 

reserves the right to require additional 

means of identification as are 

appropriate under the circumstances. 

These means include, but are not 

limited to, requiring you to sign a 

statement under oath as to your identity, 

acknowledging that you are aware of the 

penalties for improper disclosure under 

the provisions of the Privacy Act. 

(b) If you request disclosure by mail, 

the Institute will request such 

information as may be necessary to 

ensure that you are properly identified. 

Authorized means to achieve this goal 

include, but are not limited to, requiring 

that a mail request include certification 

that a duly commissioned notary public 

of any State or territory (or a similar 

official, if the request is made outside of 

the United States) received an 

acknowledgment of identity from you. 

(c) If you are unable to provide 

suitable documentation or 

identification, the Institute may require 

a signed, notarized statement asserting 

your identity and stipulating that you 

understand that knowingly or willfully 

seeking or obtaining access to records 

about another person under false 

pretenses is punishable by a fine of up 

to $5,000. 

§ 1182.10 Procedures for amending or 

correcting an individual’s Institute record. 

(a) You are entitled to request 

amendments to or corrections of records 

pertaining to you pursuant to the 

provisions of the Privacy Act, including 

5 U.S.C. 552a(d)(2). Such a request 

should be made in writing and 

addressed to the Office of the General 

Counsel (see § 1182.3). 

(b) Your request for amendments or 

corrections should specify the 

following: 

(1) The particular record that you are 

seeking to amend or correct; 

(2) The Institute system from which 

the record was retrieved; 

(3) The precise correction or 

amendment you desire, preferably in the 

form of an edited copy of the record 

reflecting the desired modification; and 

(4) Your reasons for requesting 

amendment or correction of the record. 

(c) The Institute will acknowledge a 

request for amendment or correction of 

a record within 10 business days of its 

receipt, unless the request can be 

processed and the individual informed 

of the General Counsel’s decision on the 

request within that 10-day period. 

(d) If after receiving and investigating 

your request, the General counsel agrees 

that the record is not accurate, timely, 

or complete, based on a preponderance 

of the evidence, then the record will be 

corrected or amended promptly. The 

record will be deleted without regard to 

its accuracy, if the record is not relevant 

or necessary to accomplish the institute 

function for which the record was 

provided or is maintained. In either 

case, you will be informed in writing of 

the amendment, correction, or deletion. 

In addition, if accounting was made of 

prior disclosures of the record, all 

previous recipients of the record will be 

informed of the corrective action taken. 

(e) If after receiving and investigating 

your request, the General Counsel does 

not agree that the record should be 

amended or corrected, you will be 

informed promptly in writing of the 

refusal to amend or correct the record 

and the reason for this decision. You 

also will be informed that you may 

appeal this refusal in accordance with 

§ 1182.11. 

(f) Requests to amend or correct a 

record governed by the regulations of 

another agency will be forwarded to 

such agency for processing, and you 

will be informed in writing of this 

referral. 

§ 1182.11 Procedures for appealing a 

refusal to amend or correct an Institute 

record. 

(a) You may appeal a refusal to amend 

or correct a record to the Director. Such 

appeal must be made in writing within 

10 business days of your receipt of the 

initial refusal to amend or correct your 

record. Your appeal should be sent to 

the Office of the General Counsel (see 

§ 1182.3), should indicate that it is an 

appeal, and should include the basis for 

the appeal. 

(b) The Director will review your 

request to amend or correct the record, 

the General Counsel’s refusal, and any 

other pertinent material relating to the 

appeal. No hearing will be held. 

(c) The Director shall render his or her 

decision on your appeal within 30 

business days of its receipt by the 

Institute, unless the Director, for good 

cause shown, extends the 30-day period. 

Should the Director extend the appeal 

period, you will be informed in writing 

of the extension and the circumstances 

of the delay. 

(d) If the Director determines that the 

record that is the subject of the appeal 

should be amended or corrected, the 

record will be so modified, and you will 

be informed in writing of the 

amendment or correction. Where an 

accounting was made of prior 

disclosures of the record, all previous 

recipients of the record will be informed 

of the corrective action taken. 

(e) If your appeal is denied, you will 

be informed in writing of the following: 

(1) The denial and the reasons for the 

denial; 

(2) That you may submit to the 

Institute a concise statement setting 

forth the reasons for your disagreement 

as to the disputed record. Under the 

procedures set forth in paragraph (f) of 

this section, your statement will be 

disclosed whenever the disputed record 

is disclosed; and 

(3) That you may seek judicial review 

of the Director’s determination under 5 

U.S.C. 552a(g)(1)(a). 

(f) Whenever you submit a statement 

of disagreement to the Institute in 

accordance with paragraph (e)(2) of this 

section, the record will be annotated to 

indicate that it is disputed. In any 

subsequent disclosure, a copy of your 

statement of disagreement will be 

disclosed with the record. If the 

Institute deems it appropriate, a concise 

statement of the Director’s reasons for 

denying your appeal also may be 

disclosed with the record. While you 

will have access to this statement of the 

Director’s reasons for denying your 

appeal, such statement will not be 

subject to correction or amendment. 

Where an accounting was made of prior 

disclosures of the record, all previous 

recipients of the record will be provided 

a copy of your statement of 

disagreement, as well as any statement 

of the Director’s reasons for denying 

your appeal. 

§ 1182.12 Fees charged to locate, review, 

or copy records. 

(a) The Institute shall charge no fees 

for search time or for any other time 

expended by the Institute to review a 

record. However, the Institute may 

charge fees where you request that a 

copy be made of a record to which you 

have been granted access. Where a copy 

of the record must be made in order to 

provide access to the record (e.g., 

computer printout where no screen 

70772 Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules 

reading is available), the copy will be 

made available to you without cost. 

(b) Copies of records made by 

photocopy or similar process will be 

charged to you at the rate of $0.10 per 

page. Where records are not susceptible 

to photocopying (e.g., punch cards, 

magnetic tapes, or oversize materials), 

you will be charged actual cost as 

determined on a case-by-case basis. A 

copying fee totaling $3.00 or less shall 

be waived, but the copying fees for 

contemporaneous requests by the same 

individual shall be aggregated to 

determine the total fee. 

(c) Special and additional services 

provided at your request, such as 

certification or authentication, postal 

insurance, and special mailing 

arrangement costs, will be charged to 

you. 

(d) A copying fee shall not be charged 

or, alternatively, it may be reduced, 

when the General Counsel determines, 

based on a petition, that the petitioning 

individual is indigent and that the 

Institute’s resources permit a waiver of 

all or part of the fee. 

(e) All fees shall be paid before any 

copying request is undertaken. 

Payments shall be made by check or 

money order payable to the ‘‘Institute of 

Museum and Library Services.’’

§ 1182.13 Policies and procedures for 

Institute disclosure of its records. 

(a) The Institute not disclose any 

record that is contained in a system of 

records to any person or to another 

agency, except pursuant to a written 

request by or with the prior written 

consent of the subject individual, unless 

disclosure of the record is: 

(1) To those officers or employees of 

the Institutes who maintain the record 

and who have a need for the record in 

the performance of their official duties; 

(2) Required under the provisions of 

the Freedom of Information Act (5 

U.S.C. 552). Records required to be 

made available by the Freedom of 

Information Act will be released in 

response to a request to the Institute 

formulated in accordance with the 

National Foundation on the Arts and the 

Humanities regulations published at 45 

CFR part 1100; 

(3) For a routine use as published in 

the annual notice in the Federal 

Register; 

(4) To the Census Bureau for purposes 

of planning or carrying out a census, 

survey, or related activities pursuant to 

the provisions of Title 13 of the United 

States Code; 

(5) To a recipient who has provided 

the Institute with adequate advance 

written assurance that the record will be 

used solely as a statistical research or 

reporting record, and the record is to be 

transferred in a form that is not 

individually identifiable; 

(6) To the National Archives and 

Records Administration as a record that 

has sufficient historical or other value to 

warrant its continue preservation by the 

United States government, or for 

evaluation by the Archivist of the 

United States, or his or her designee, to 

determine whether the record has such 

value; 

(7) To another agency or to an 

instrumentality of any governmental 

jurisdiction within or under the control 

of the United States for a civil or 

criminal law enforcement activity, if the 

activity is authorized by law, and if the 

head of the agency or instrumentality 

has made a written request to the 

Institute for such records specifying the 

particular portion desired and the law 

enforcement activity for which the 

record is sought. The Institute also may 

disclose such a record to a law 

enforcement agency on its own 

initiative in situations in which 

criminal conduct is suspected, provided 

that such disclosure has been 

established as a routine use, or in 

situations in which the misconduct is 

directly related to the purpose for which 

the record is maintained; 

(8) To a person pursuant to a showing 

of compelling circumstances affecting 

the health or safety of an individual if, 

upon such disclosure, notification is 

transmitted to the last known address of 

such individual; 

(9) To either House of Congress, or, to 

the extent of matter within its 

jurisdiction, any committee or 

subcommittee thereof, any joint 

committee of Congress, or subcommittee 

of any such joint committee; 

(10) To the Comptroller General, or 

any of his or her authorized 

representatives, in the course of the 

performance of official duties of the 

General Accounting Office; 

(11) To a consumer reporting agency 

in accordance with 31 U.S.C. 3711(e); or 

(12) Pursuant to an order of a court of 

competent jurisdiction. In the event that 

any record is disclosed under such 

compulsory legal process, the Institute 

shall make reasonable efforts to notify 

the subject individual after the process 

becomes a matter of public record. 

(b) Before disseminating any record 

about any individual to any person 

other than an Institute employee, the 

Institute shall make reasonable efforts to 

ensure that such records are, or at the 

time they were collected were, accurate, 

complete, timely, and relevant for 

Institute purposes. This paragraph (b) 

does not apply to disseminations made 

pursuant to the provisions of the 

Freedom of Information Act (5 U.S.C. 

552) and paragraph (a)(2) of this section. 

§ 1182.14 Procedures for maintaining 

accounts of disclosures made by the 

Institute from its systems of records. 

(a) The Office of the General Counsel 

shall maintain a log containing the date, 

nature, and purpose of each disclosure 

of a record to any person or to another 

agency. Such accounting also shall 

contain the name and address of the 

person or agency to whom each 

disclosure was made. This log need not 

include disclosures made to Institute 

employees in the course of their official 

duties, or pursuant to the provisions of 

the Freedom of Information Act (5 

U.S.C. 552). 

(b) The Institute shall retain the 

accounting of each disclosure for at least 

five years after the accounting is made 

or for the life of the record that was 

disclosed, whichever is longer. 

(c) The Institute shall make the 

accounting of disclosures of a record 

pertaining to you available to you at 

your request. Such a request should be 

made in accordance with the procedures 

set forth in § 1182.8. This paragraph (c) 

does not apply to disclosures made for 

law enforcement purposes under 5 

U.S.C. 552a(b)(7) and § 1182.13(a)(7). 

§ 1182.15 Institute responsibility for 

maintaining adequate technical, physical, 

and security safeguards to prevent 

unauthorized disclosure or destruction of 

manual and automatic record systems. 

The Chief Information Officer has the 

responsibility of maintaining adequate 

technical, physical, and security 

safeguards to prevent unauthorized 

disclosure or destruction of manual and 

automatic records systems. These 

security safeguards shall apply to all 

systems in which identifiable personal 

data are processed or maintained, 

including all reports and outputs from 

such systems that contain identifiable 

personal information. Such safeguards 

must be sufficient to prevent negligent, 

accidental, or unintentional disclosure, 

modification or destruction of any 

personal records or data, and must 

furthermore minimize, to the extent 

practicable, the risk that skilled 

technicians or knowledgeable persons 

could improperly obtain access to 

modify or destroy such records or data 

and shall further insure against such 

casual entry by unskilled persons 

without official reasons for access to 

such records or data. 

(a) Manual systems. 

(1) Records contained in a system of 

records as defined in this part may be 

used, held, or stored only here facilities 

re adequate to prevent unauthorized 

Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Proposed Rules 70773 

access by persons within or outside the 

Institute. 

(2) All records, when not under the 

personal control of the employees 

authorized to use the records, must be 

stored in a locked filing cabinet. Some 

systems of records are not of such 

confidential nature that their disclosure 

would constitute a harm to an 

individual who is the subject of such 

record. However, records in this 

category also shall be maintained in 

locked filing cabinets or maintained in 

a secured room with a locking door. 

(3) Access to and use of a system of 

records shall be permitted only to 

persons whose duties require such 

access within the Institute, for routine 

uses as defined in § 1182.1 as to any 

given system, or for such other uses as 

may be provided in this part. 

(4) Other than for access within the 

Institute to persons needing such 

records in the performance of their 

official duties or routine uses as defined 

in § 1182.1, or such other uses as 

provided in this part, access to records 

within a system of records shall be 

permitted only to he individual to 

whom the record pertains or upon his 

or her written request to the General 

Counsel. 

(5) Access to areas where a system of 

record is stored will be limited to those 

persons whose duties require work in 

such areas. There shall be an accounting 

of the removal of any records from such 

storage areas utilizing a log, as directed 

by the Chief Information Officer. The 

log shall be maintained at all times. 

(6) The Institute shall ensure that all 

persons whose duties require access to 

and use of records contained in a system 

of records are adequately trained to 

protect the security and privacy of such 

records. 

(7) The disposal and destruction of 

records shall be in accordance with 

rules promulgated by the General 

Services Administration. 

(b) Automated systems. 

(1) Identifiable personal information 

may be processed, stored, or maintained 

by automated data systems only where 

facilities or conditions are adequate to 

prevent unauthorized access to such 

systems in any form. Whenever such 

data, whether contained in punch cars, 

magnetic tapes, of discs, are not under 

the personal control of an authorized 

persons, such information must be 

stored in a locked or secured room, or 

in such other facility having greater 

safeguards than those provided for in 

this part. 

(2) Access to and use of identifiable 

personal data associated with automated 

data systems shall be limited to those 

persons whose duties require such 

access. Proper control of personal data 

in any form associated with automated 

data systems shall be maintained of all 

times, including maintenance of 

accountability records showing 

disposition of input and output 

documents. 

(3) All persons whose duties require 

access to processing and maintenance of 

identifiable personal data and 

automated systems shall be adequately 

trained in the security and privacy 

personal data. 

(4) The disposal and disposition of 

identifiable personal data and 

automated systems shall be done by 

shredding, burning, or, in he case of 

tapes or discs, degaussing, in 

accordance with regulations of the 

General Services Administration or 

other appropriate authority. 

§ 1182.16 Procedures to ensure that 

Institute employees involved with its 

systems of records are familiar with the 

requirements and of the Privacy Act. 

(a) The Director shall ensure that all 

persons involved in the design, 

development, operation, or maintenance 

of any Institute systems are informed of 

all requirements necessary to protect the 

privacy of subject individuals. The 

Director also shall ensure that all 

Institute employees having access to 

records receive adequate training in 

their protection, and that records have 

adequate and proper storage with 

sufficient security to assure the privacy 

of such records. 

(b) All employees shall be informed of 

the civil remedies provided under 5 

U.S.C. 552a(g)(1) and other implications 

of the Privacy Act, and the fact that the 

Institute may be subject to civil 

remedies for failure to comply with the 

provisions of the Privacy Act and the 

regulations in this part. 

§ 1182.17 Institute systems of records that 

are covered by exemptions in the Privacy 

Act. 

(a) Pursuant to and limited by 5 

U.S.C. 552a(j)(2), the Institute system 

entitled ‘‘Office of the Inspector General 

Investigative Files’’ shall be exempted 

from the provisions of 5 U.S.C. 552a, 

except for subsections (b); (c)(1) and (2); 

(e)(4)(A) through (F); (e)(6)(7), (9), (10), 

and (11); and (i), insofar as that Institute 

system contains information pertaining 

to criminal law enforcement 

investigations. 

(b) Pursuant to and limited by 5 

U.S.C. 552a(k)(2), the Institute system 

entitled ‘‘Office of the Inspector General 

Investigative Files’’ shall be exempted 

from 5 U.S.C. 552a(c)(3); (d); (e)(1); 

(e)(4)(G), (H), and (I); and (f), insofar as 

that Institute system consists of 

investigatory material compiled for law 

enforcement purposes, other than 

material within the scope of the 

exemption of 5 U.S.C. 552a(j)(2). 

(c) The Institute system entitled 

‘‘Office of the Inspector General 

Investigative Files’’ is exempt from the 

provisions of the Privacy Act noted in 

this section because their application 

might alert investigation subjects to the 

existence or scope of investigations; 

lead to suppression, alteration, 

fabrication, or destruction of evidence; 

disclose investigative techniques or 

procedures; reduce the cooperativeness 

or safety of witnesses; or otherwise 

impair investigations. 

§ 1182.18 Penalties for obtaining an 

Institute record under false pretenses. 

(a) Under 5 U.S.C. 552a(i)(3), any 

person who knowingly and willfully 

requests or obtains any record from the 

Institute concerning an individual 

under false pretenses shall be guilty of 

a misdemeanor and fined not more than 

$5,000. 

(b) A person who falsely or 

fraudulently attempts to obtain records 

under the Privacy Act also may be 

subject to prosecution under other 

statutes, including 18 U.S.C. 494, 495, 

and 1001. 

§ 1182.19 Restrictions that exist regarding 

the release of mailing lists. 

The Institute may not sell or rent an 

individual’s name and address unless 

such action specifically is authorized by 

law. This section shall not be construed 

to require the withholding of names and 

addresses otherwise permitted to be 

made public. 

[FR Doc. 05–23118 Filed 11–22–05; 8:45 am] 

BILLING CODE 7036–01–M 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 05–2934; MM Docket No. 01–232, RM–

10260] 

Radio Broadcasting Services; Port 

Sanilac, MI 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule; dismissal. 

SUMMARY: The Audio Division, at the 

request of Charles Crawford, the 

proponent of a petition for rule making 

to allot Channel 225A at Port Sanilac, 

Michigan, 66 FR 48108 (September 18, 

2001), dismisses the petition for rule 

making and terminates the proceeding. 

FOR FURTHER INFORMATION CONTACT: 

Deborah Dupont, Media Bureau, (202) 

418–2180.