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

8879 

Vol. 72, No. 39 

Wednesday, February 28, 2007 

NUCLEAR WASTE TECHNICAL 

REVIEW BOARD 

10 CFR Part 1304 

Implementation of Privacy Act of 1974 

AGENCY: U.S. Nuclear Waste Technical 

Review Board. 

ACTION: Final rule. 

SUMMARY: This document institutes the 

U.S. Nuclear Waste Technical Review 

Board’s (Board) final rule implementing 

a set of procedural regulations under the 

Privacy Act of 1974, Public Law 93–579, 

5 U.S.C. 552a. These regulations have 

been written to conform to the statutory 

provisions of the Act. They are intended 

to expedite the processing of Privacy 

Act requests received by the Board and 

to ensure the proper dissemination of 

information to the public. 

DATES: Effective February 28, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Victoria Reich, 703–235–4473 

SUPPLEMENTARY INFORMATION: The 

proposed rule was published in the 

November 22, 2006 Federal Register for 

a public comment period to end on 

January 22, 2007. Copies of the 

proposed rule also were posted on the 

Board’s Web site and on the Federal 

Rulemaking Portal. This rule sets forth 

the procedures to be used by members 

of the public when requesting records 

from the Board under the Privacy Act of 

1974. It also establishes time frames for 

responses from the Board, a fee 

schedule for copying records, and 

charges for obtaining information, when 

applicable. No comments were received 

on the proposed rule. 

Executive order 12866 

The proposed regulation does not 

meet the criteria for a significant 

regulatory action under Executive order 

12866. Therefore, review by the Office 

of Management and Budget is not 

required. 

Regulatory Flexibility Act 

The proposed rule adds Privacy Act 

regulations to 10 CFR part 1304 and will 

not have a significant economic impact 

on a substantial number of small 

entities. 

Paperwork Reduction Act 

The rule is exempt from the 

requirements of the Paperwork 

Reduction Act. 

List of Subjects in 10 CFR Part 1304 

Administrative practice and 

procedure, Privacy, Reporting and 

recordkeeping requirements. 

■ Therefore, the Board adds part 1304 to 

Chapter XIII, Title 10 of the Code of 

Federal Regulations to read as follows: 

PART 1304—PRIVACY ACT OF 1974 

Sec. 

1304.101 Purpose and scope. 

1304.102 Definitions. 

1304.103 Privacy Act inquiries. 

1304.104 Privacy Act records maintained 

by the Board. 

1304.105 Requests for access to records. 

1304.106 Processing of requests. 

1304.107 Fees. 

1304.108 Appealing denials of access. 

1304.109 Requests for correction of records. 

1304.110 Disclosure of records to third 

parties. 

1304.111 Maintaining records of 

disclosures. 

1304.112 Notification of systems of Privacy 

Act records. 

1304.113 Privacy Act training. 

1304.114 Responsibility for maintaining 

adequate safeguards. 

1304.115 Systems of records covered by 

exemptions. 

1304.116 Mailing lists. 

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

Source: 56 FR 47144, Sept. 18, 1991, 

unless otherwise noted. 

§ 1304.101 Purpose and Scope. 

This part sets forth the policies and 

procedures of the U.S. Nuclear Waste 

Technical Review Board (Board) 

regarding access to systems of records 

maintained by the Board under the 

Privacy Act of 1974, Public Law 93–579, 

5 U.S.C. 552a. The provisions in the Act 

shall take precedence over any part of 

the Board’s regulations in conflict with 

the Act. These regulations establish 

procedures by which an individual may 

exercise the rights granted by the 

Privacy Act to determine whether a 

Board 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 and 

prescribe fees to be charged for copying 

records. 

§ 1304.102 Definitions. 

The terms used in these regulations 

are defined in the Privacy Act of 1974, 

5 U.S.C. 552a. 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) Individual means any citizen of 

the United States or an alien lawfully 

admitted for permanent residence; 

(c) 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; 

(d) Record means any item, collection, 

or grouping of information about an 

individual that is maintained by the 

Board and contains the individual’s 

name or other identifying information, 

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; 

(e) System of records means a group 

of records under the control of the 

Board from which information is 

retrievable by use of the name of the 

individual or by some number, symbol, 

or other identifying particular assigned 

to the individual; 

(f) 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; 

(g) Designated Privacy Act Officer 

means the person named by the board 

to administer the Board’s activities in 

regard to the regulations in this part. 

The Privacy Act Officer also shall be the 

following: 


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(1) The Board officer having custody 

of, or responsibility for, agency records 

in the possession of the Board. 

(2) The Board officer having 

responsibility for authorizing or denying 

production of records from requests 

filed under the Privacy Act. 

(h) Executive Director means the chief 

operating officer of the Board; 

(i) Member means an individual 

appointed to serve on the Board by the 

President of the United States; 

(j) Days means standard working days, 

excluding weekends and federal 

holidays; and 

(k) Act refers to the Privacy Act of 

1974. 

§ 1304.103 Privacy Act inquiries. 

(a) Requests regarding the contents of 

record systems. Any person wanting to 

know whether the Board’s systems of 

records contains a record pertaining to 

him or her may file a request in person 

or in writing, via the internet, or by 

telephone. 

(b) Requests in persons may be 

submitted at the Board’s headquarters 

located at 2300 Clarendon Blvd., Suite 

1300; Arlington, VA. Requests should be 

marked ‘‘Privacy Act Request’’ on each 

page of the request and on the front of 

the envelope and directed to the Privacy 

Act Officer. 

(c) Requests in writing may be sent to: 

Privacy Act Officer, U.S. Nuclear Waste 

Technical Review Board, 2300 

Clarendon Blvd., Suite 1300, Arlington, 

VA 22201. ‘‘Privacy Act Request’’

should be written on the envelope and 

each page of the request. 

(d) Requests via the internet may be 

made on the Board’s Web site at 

www.nwtrb.gov, using the ‘‘Contact 

NWTRB’’ icon on the bottom of the 

Home page. The words ‘‘Privacy Act’’

should appear on the subject line. 

(e) Telephone requests may be made 

by calling the Board’s Privacy Act 

Officer at 703–235–4473. 

§ 1304.104 Privacy Act records maintained 

by the Board. 

(a) The Board 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 Board 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 Board shall not be 

required to update retired records. 

(b) The Board 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. 

§ 1304.105 Requests for access to 

records. 

(a) All requests for records should 

include the following information: 

(1) Full name, address, and telephone 

number of requester. 

(2) The system of records containing 

the desired information. 

(3) Any other information that the 

requester believes would help locate the 

record. 

(b) Requests in writing. A person may 

request access to his or her own records 

in writing by addressing a letter to: 

Privacy Act Officer; U.S. Nuclear Waste 

Technical Review Board; 2300 

Clarendon Blvd., Suite 1300; Arlington, 

VA 22201. 

(c) Requests via the internet. Internet 

requests should be transmitted through 

the Board’s Web site at www.nwtrb.gov, 

using the ‘‘Contact NWTRB’’ icon on the 

bottom of the main page. The words 

‘‘Privacy Act’’ should appear on the 

subject line. 

(d) Requests in person. Any person 

may examine and request copies of his 

or her own records on the Board’s 

premises. The requester should contact 

the Board’s offices at least one week 

before the desired appointment date. 

This request may be made to the Privacy 

Act Officer in writing, via the Internet, 

or by calling 703–235–4473. 

(e) Before viewing the records, proof 

of identification, must be provided. The 

identification should be a valid copy of 

one of the following: 

A government ID, 

A driver’s license, 

A passport, or 

Other current identification that 

contains both an address and a picture 

of the requester. 

§ 1304.106 Processing of requests. 

Upon receipt of a request for 

information, the Privacy Act Officer will 

ascertain: 

Whether the records identified by the 

requester exist, and 

Whether they are subject to any 

exemption under § 1304.115. If the 

records exist and are not subject to 

exemption, the Privacy Officer will 

provide the information. 

(a) Requests in writing, including 

those sent by e-mail, via the Web site, 

or by Fax. Within five working days of 

receiving the requests the Privacy Act 

Officer will acknowledge its receipt and 

will advise the requester of any 

additional information that may be 

needed. Within 15 working days of 

receiving the request, the Privacy Act 

Officer will send the requested 

information or will explain to the 

requester why additional time is needed 

for a response. 

(b) Requests in person or by 

telephone. Within 15 days of the initial 

request, the Privacy Act Officer will 

contact the requestor and arrange an 

appointment at a mutually agreeable 

time when the records can be examined. 

The requester may be accompanied by 

one person. The requestor should 

inform the Privacy Act Officer that a 

second individual will be present and 

must sign a statement authorizing 

disclosure of the records to that person. 

The statement will be kept with the 

requester’s records. At the appointment, 

the requester will be asked to present 

identification as stated in § 1304.105. 

(c) Excluded information. If a request 

is received for information compiled in 

reasonable anticipation of litigation, the 

Privacy Officer will inform the requester 

that the information is not subject to 

release under the Privacy Act (see 5 

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

§ 1304.107 Fees. 

A fee will not be charged for 

searching, reviewing, or making 

corrections to records. 

A fee for copying will be assessed at 

the same rate established for Freedom of 

Information Act requests. Duplication 

fees for paper copies of a record will be 

10 cents per page for black and white 

and 20 cents per page for color. For all 

other forms of duplication, the Board 

will charge the direct costs of producing 

the copy. However, the first 100 pages 

of black-and-white copying or its 

equivalent will be free of charge. 

§ 1304.108 Appealing denials of access. 

If access to records is denied by the 

Privacy Act Officer, the requester may 

file an appeal in writing. The appeal 

should be directed to Executive 

Director; U.S. Technical Review Board; 

2300 Clarendon Blvd., Suite 1300; 

Arlington, VA 22201. The appeal letter 

must: 

Specify the denied records that are 

still sought; and 

State why denial by the Privacy Act 

Officer is erroneous. 

The Executive Director or his or her 

designee will respond to such appeals 

within 20 working days of the receipt of 

the appeal letter in the Board offices. 

The appeal determination will explain 


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the basis of the decision to deny or grant 

the appeal. 

§ 1304.109 Requests for correction of 

records. 

(a) Correction requests. Any person is 

entitled to request correction of his or 

her record(s) covered under the Act. The 

request must be made in writing and 

should be addressed to Privacy Act 

Officer; U.S. Nuclear Waste Technical 

Review Board; 2300 Clarendon Blvd., 

Suite 1300; Arlington, VA 22201. The 

letter should clearly identify the 

corrections desired. In most 

circumstances, an edited copy of the 

record will be acceptable for this 

purpose. 

(b) Initial response. Receipt of a 

correction request will be acknowledged 

by the Privacy Act Officer in writing 

within 5 working days. The Privacy Act 

Officer will endeavor to provide a letter 

to the requester within 20 working days 

stating whether the request for 

correction has been granted or denied. 

If the Privacy Act Officer denies any 

part of the correction request, the 

reasons for the denial will be provided 

to the requester. 

§ 1304.110 Disclosure of records to third 

parties. 

(a) The Board will not disclose any 

record that is contained in a system of 

records to any person or agency, except 

with a written request by or with the 

prior written consent of the individual 

whose record is requested, unless 

disclosure of the record is: 

(1) Required by an employee or agent 

of the Board in the performance of his/ 

her 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 in accordance with 

the Board’s regulations published at 10 

CFR part 1303. 

(3) For a routine use as published in 

the annual notice in the Federal 

Register. 

(4) To the Census Bureau for 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 Board with adequate advance 

written assurance that the record will be 

used solely as a statistical research or 

reporting record and that 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 continued 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 Board 

for such records specifying the 

particular part desired and the law 

enforcement activity for which the 

record is sought. The Board 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 matters 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 

Government Accountability Office. 

(11) Pursuant to an order of a court of 

competent jurisdiction. In the event that 

any record is disclosed under such 

compulsory legal process, the Board 

shall make reasonable efforts to notify 

the subject individual after the process 

becomes a matter of public record. 

(12) To a consumer reporting agency 

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

(b) Before disseminating any record 

about any individual to any person 

other than a Board employee, the Board 

shall make reasonable efforts to ensure 

that the records are, or at the time they 

were collected were, accurate, complete, 

timely, and relevant. 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. 

§ 1304.111 Maintaining records of 

disclosures. 

(a) The Board shall maintain a log 

containing the date, nature, and purpose 

of each disclosure of a record to any 

person or agency. Such accounting also 

shall contain the name and address of 

the person or agency to whom or to 

which each disclosure was made. This 

log will not include disclosures made to 

Board employees or agents 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 Board 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 Board shall make the 

accounting of disclosures of a record 

pertaining to an individual available to 

that individual at his or her request. 

Such a request should be made in 

accordance with the procedures set 

forth in § 1304.105. This paragraph (c) 

does not apply to disclosures made for 

law enforcement purposes under 5 

U.S.C. 552a(b)(7) and § 1304.110(a)(7). 

§ 1304.112 Notification of systems of 

Privacy Act records. 

(a) Public notice. On November 22, 

1996, the Board published a notice of its 

systems of records in the Federal 

Register (Vol. 61, Number 227, pages 

59472–69473). It is updating and 

republishing the notice in this issue of 

the Federal Register. The Board 

periodically reviews its systems of 

records and will publish information 

about any significant additions or 

changes to those systems. Information 

about systems of records maintained by 

other agencies that are in the temporary 

custody of the Board will not be 

published. In addition, the Office of the 

Federal Register biennially compiles 

and publishes all systems of records 

maintained by all federal agencies, 

including the Board. 

(b) At least 30 days before publishing 

additions or changes to the Board’s 

systems of records, the Board will 

publish a notice of intent to amend, 

providing the public with an 

opportunity to comment on the 

proposed amendments to its systems of 

records. 

§ 1304.113 Privacy Act training. 

(a) The Board shall ensure that all 

persons involved in the design, 

development, operation, or maintenance 

of any Board systems are informed of all 

requirements necessary to protect the 

privacy of individuals. The Board shall 

ensure that all employees having access 

to records receive adequate training in 

their protection and that records have 

adequate and proper storage with 

sufficient security to ensure their 

privacy. 


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(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 of the fact that 

the Board may be subject to civil 

remedies for failure to comply with the 

provisions of the Privacy Act and the 

regulations in this part. 

§ 1304.114 Responsibility for maintaining 

adequate safeguards. 

The Board has the responsibility for 

maintaining adequate technical, 

physical, and security safeguards to 

prevent unauthorized disclosure or 

destruction of manual and automatic 

record systems. These security 

safeguards shall apply to all systems in 

which identified personal data are 

processed or maintained, including all 

reports and output 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; must 

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 ensure 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 where facilities are 

adequate to prevent unauthorized access 

by persons within or outside the Board. 

(2) Access to and use of a system of 

records shall be permitted only to 

persons whose duties require such 

access to the information for routine 

uses or for such other uses as may be 

provided in this part. 

(3) Other than for access by 

employees or agents of the Board, access 

to records within a system of records 

shall be permitted only to the individual 

to whom the record pertains or upon his 

or her written request. 

(4) The Board 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. 

(5) The disposal and destruction of 

identifiable personal data records shall 

be done by shredding and in accordance 

with rules promulgated by the Archivist 

of the United States. 

(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. 

(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 at 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 of 

personal data. 

(4) The disposal and disposition of 

identifiable personal data and 

automated systems shall be done by 

shredding, burning, or, in the case of 

electronic records, by degaussing or by 

overwriting with the appropriate 

security software, in accordance with 

regulations of the Archivist of the 

United States or other appropriate 

authority. 

§ 1304.115 Systems of records covered by 

exemptions. 

The Board currently has no exempt 

systems of records. 

§ 1304.116 Mailing lists. 

The Board shall not sell or rent an 

individual’s name and/or address unless 

such action is specifically authorized by 

law. This section shall not be construed 

to require the withholding of names and 

addresses otherwise permitted to be 

made public. 

Dated: February 23, 2007. 

William D. Barnard, 

Executive Director, U.S. Nuclear Waste 

Technical Review Board. 

[FR Doc. 07–886 Filed 2–27–07; 8:45 am] 

BILLING CODE 6820–AM–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. NM355; Notice No. 25–346–SC] 

Special Conditions: Dassault Aviation 

Model Falcon 7X Airplane; Interaction 

of Systems and Structures, Limit Pilot 

Forces, and High Intensity Radiated 

Fields (HIRF) Protection 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions. 

SUMMARY: These special conditions are 

issued for the Dassault Aviation Model 

Falcon 7X airplane. This airplane will 

have novel or unusual design features 

when compared to the state of 

technology envisioned in the 

airworthiness standards for transport 

category airplanes. These design 

features include interaction of systems 

and structures, limit pilot forces, and 

electrical and electronic flight control 

systems. The applicable airworthiness 

regulations do not contain adequate or 

appropriate safety standards for these 

design features. These special 

conditions contain the additional safety 

standards that the Administrator 

considers necessary to establish a level 

of safety equivalent to that established 

by the existing airworthiness standards. 

EFFECTIVE DATE: March 30, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Rodriguez, FAA, International 

Branch, ANM–116, Transport Airplane 

Directorate, Aircraft Certification 

Service, 1601 Lind Avenue SW., 

Renton, Washington, 98057–3356; 

telephone (425) 227–1137; facsimile 

(425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Background 

On June 4, 2002, Dassault Aviation, 9 

rond Point des Champs Elyse ́es, 75008, 

Paris, France, applied for a type 

certificate for its new Model Falcon 7X 

airplane. The Model Falcon 7X is a 19 

passenger transport category airplane, 

powered by three aft mounted Pratt & 

Whitney PW307A high bypass ratio 

turbofan engines. The airplane is 

operated using a fly-by-wire (FBW) 

primary flight control system. This will 

be the first application of a FBW 

primary flight control system in an 

airplane primarily intended for private/ 

corporate use. 

The Dassault Aviation Model Falcon 

7X design incorporates equipment that 

was not envisioned when part 25 was 

created. This equipment affects the 

interaction of systems and structures, 

limit pilot forces, and high intensity 

radiated fields (HIRF) protection. 

Therefore, special conditions are 

required to provide the level of safety 

equivalent to that established by the 

regulations. 

Type Certification Basis 

Under the provisions of 14 CFR 21.17, 

Dassault Aviation must show that the 

Model Falcon 7X airplane meets the 

applicable provisions of part 25, as 

amended by Amendments 25–1 through 

25–108. 

If the Administrator finds that the 

applicable airworthiness regulations 


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