64122 Federal Register / Vol. 60, No. 240 / Thursday, December 14, 1995 / Rules and Regulations

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.). The State submittal

that is the subject of this rule is based

upon counterpart Federal regulations for

which an economic analysis was

prepared and certification made that

such regulations would not have a

significant economic effect upon a

substantial number of small entities.

Accordingly, this rule will ensure that

existing requirements previously

promulgated by OSM will be

implemented by the State. In making the

determination as to whether this rule

would have a significant economic

impact, the Department relied upon the

data and assumptions for the

counterpart Federal regulations.

List of Subjects in 30 CFR Part 906

Intergovernmental relations, Surface

mining, Underground mining.

Dated: December 5, 1995.

Richard J. Seibel,

Regional Director, Western Regional

Coordinating Center.

For the reasons set out in the

preamble, Title 30, Chapter VII,

Subchapter T of the Code of Federal

Regulations is amended as set forth

below:

PART 906—COLORADO

1. The authority citation for Part 906

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

2. Section 906.15 is amended by

adding paragraph (s) to read as follows:

§ 906.15 Approval of regulatory program

amendments.

* * * * *

(s) With the exception of Rule

1.04(111), concerning the exemption for

public roads in the definition of ‘‘road,’’

revisions to the following rules, as

submitted to OSM on June 12, 1995, and

as supplemented with explanatory

information on September 26, 1995, are

approved effective December 14, 1995:

Definition of ‘‘coal’’—Rule 1.04(21),

Definition of ‘‘operator’’—Rule 1.04(80),

Definition of ‘‘person’’—Rule 1.04(92),

Definition of ‘‘road’’—Rule 1.04(111),

Definition of ‘‘surface coal mining

operations’’—Rule 104(132),

Applicability of the Colorado program—

Rule 1.05.1(1)(b),

Water quality sampling and laboratory

analyses—Rule 2.03.3(4),

Lands unsuitable for surface coal

mining operations—Rule 2.03.7(1),

Permit application information

regarding the measures, other than

use of a rock headwall, to be taken to

protect the inlet end of a ditch relief

culvert for roads, conveyors, or rail

systems within the permit area—Rule

2.05.3(3)(c)(iv),

Design of coal processing waste dams

and embankments—Rule 2.05.3(8)(c),

Permit application contents of the fish

and wildlife plan—Rule

2.05.6(2)(iii)(A),

Permit application contents for prime

farmland—Rule 2.06.6(2),

The use of published research or testing

to establish the salt tolerance

threshold values for specific crop

yields in order to assess material

damage to the quality or quantity of

surface or ground water systems that

supply alluvial valley floors—Rules

2.06.8(5)(c)(i) (A) and (B),

Public participation and approval of

permit applications—Rule 2.07.2,

Reductions in the required performance

bond amount—Rule 3.02.2(5),

Bond liability period for lands with

approved industrial or commercial, or

residential post-mining land use—

Rule 3.02.3(c),

Bond forms—Rule 3.02.4(1),

3.02.4(1)(b), and 3.02.4(2)(c)(ix),

Alternative bonding systems—Rule

3.02.4(1)(d),

Irrevocable letters of credit—Rule

3.02.4(d)(i),

Requirements for establishment of

vegetation which must be

demonstrated prior to phase ii bond

release—Rule 3.03.1(2)(b),

Airblast limitations—Rule 4.08.6(1),

Mine support facilities and commercial

or industrial postmining land use

designations—Rule 4.15.10(3), as

augmented by Colorado’s April 18,

1994, ‘‘Statement of Basis, Specific

Statutory Authority, and Purpose,’’

and

Subsidence-caused damages—Rule

4.20.3(2).

3. Section 906.16 is amended by

removing and reserving paragraph (g)

and adding paragraph (h) to read as

follows:

§ 906.16 Required program amendments.

* * * * *

(h) By February 12, 1996, Colorado

shall revise Rule 1.04(111), to delete the

exemption for regulation of public roads

under Colorado’s program, or otherwise

modify its program to qualify the

exemption for public roads to consider

the degree of effect that mining use has

on the road.

[FR Doc. 95–30331 Filed 12–13–95; 8:45 am]

BILLING CODE 4310–05–M

ASSASSINATION RECORDS REVIEW

BOARD

36 CFR Part 1415

Rules Implementing the Privacy Act

AGENCY: Assassination Records Review

Board.

ACTION: Final rulemaking.

SUMMARY: This part contains the

regulations of the Assassination Records

Review Board (Review Board)

implementing the Privacy Act of 1974.

The regulations inform the public that

the Review Board is responsible for

carrying out the provisions of the

Privacy Act and for issuing internal

Review Board orders and directives in

connection with the Privacy Act. These

regulations apply to all records that are

contained in systems of records

maintained by the Review Board and

that are retrieved by an individual’s

name or personal identifier. Elsewhere

in today’s Federal Register appears a

notice describing the Review Board’s

systems of records.

EFFECTIVE DATE: This regulation is

effective January 16, 1996.

FOR FURTHER INFORMATION CONTACT: T.

Jeremy Gunn, General Counsel,

Assassination Records Review Board,

600 E Street NW., 2nd Floor,

Washington, DC 20530.

SUPPLEMENTARY INFORMATION:

Background

Section 3(f) of the Privacy Act of

1974, 5 U.S.C. 552a(f), requires each

Federal agency to promulgate rules that

set forth procedures by which

individuals can examine and request

correction of agency records containing

personal information. The Review

Board, established by the President John

F. Kennedy Assassination Records

Collection Act of 1992, is therefore

obligated to publish such regulations.

Because Privacy Act regulations are

intended for use by the general public,

the Review Board has tried to keep its

rule simple and straightforward. Some

aspects of the Privacy Act dealing solely

with the Review Board’s internal

procedures and safeguards may be dealt

with by directive to the Review Board’s

staff rather than by rule.

Notice and Comment Process

The Review Board received no public

comments in response to its Notice of

Proposed Rulemaking. The staff, in

consultation with the Office of

Management and Budget, proposed

some technical amendments to the

regulations. The following changes have

been incorporated into the final rule:
Federal Register / Vol. 60, No. 240 / Thursday, December 14, 1995 / Rules and Regulations 64123

Privacy Act queries will be processed

by a new Privacy Act Officer rather than

by the General Counsel. See §§ 1415.10,

1415.15, 1415.20, and 1415.25.

The term person has been replaced

throughout by the term individual in

order to clarify that corporations and

other artificial persons are not covered

by the Privacy Act regulations.

The definition of system of records in

§ 1415.10 has been revised to clarify that

assassination records coming into the

Review Board’s temporary possession

during its review are not subject to the

Privacy Act.

The procedures for the handling of

Privacy Act requests has been modified

in § 1415.25(b) to extend somewhat the

timing of the Review Board’s response.

The Privacy Act Officer is now allotted

ten (rather than five) days to respond to

a request and is also given some latitude

for an additional extension of time if

one proves warranted. Similarly, the

allotted time for the Executive Director’s

response to an appeal is thirty (rather

than twenty) days in § 1415.30. The

final rules also provide, in § 1415.35,

more specific guidance for amending or

correcting errors that may appear in

records.

Section 1415.55 has been rewritten to

provide more specific guidance on the

exemptions applicable to the Review

Board’s various systems of records.

Paperwork Reduction Act Statement

The rule is not subject to the

provisions of the Paperwork Reduction

Act of 1980, 44 U.S.C. 3501, et seq.

(amended 1995), because it does not

contain any information collection

requirements within the meaning of 44

U.S.C. 3502(4).

Regulatory Flexibility Act Certification

As required by the Regulatory

Flexibility Act of 1980 (RFA), 5 U.S.C.

601–12, the Review Board certifies that

this rule will not have a significant

economic impact on a substantial

number of small entities and that,

therefore, a regulatory flexibility

analysis need not be prepared, 5 U.S.C.

605(b).

Review by OMB

The Office of Management and Budget

has reviewed the regulation under

Executive Order 12866.

List of Subjects in 36 CFR Part 1415

Privacy Act.

The Final Regulations

The Review Board amends chapter

XIV in title 36 of the Code of Federal

Regulations by adding a new part 1415

to read as follows:

PART 1415—RULES IMPLEMENTING

THE PRIVACY ACT

Sec.

1415.5 Scope.

1415.10 Definitions.

1415.15 Systems of records notification.

1415.20 Requests by individuals for access

to their own records.

1415.25 Processing of requests.

1415.30 Appeals from access denials.

1415.35 Requests for amendment of

records.

1415.40 Appeals from amendment of

denials.

1415.45 Disclosure of records to third

parties.

1415.50 Fees.

1415.55 Exemptions.

Authority: 5 U.S.C. 552a; 44 U.S.C. 2107.

§ 1415.5 Scope.

This part contains the Review Board’s

regulations implementing the Privacy

Act of 1974, 5 U.S.C. 552a.

§ 1415.10 Definitions.

In addition to the definitions

provided in the Privacy Act, the

following terms are defined as follows:

Assassination records, for the purpose

of this regulation only, are records

created by Government offices (other

than the Review Board), entities, and

individuals that relate to the

assassination of President John F.

Kennedy that may, from time to time,

come into the temporary custody of the

Review Board but that are not the legal

property of the Review Board.

Executive Director means the

principal staff official appointed by the

Review Board pursuant to 44 U.S.C.

2107.8(a).

JFK Act means the President John F.

Kennedy Records Collection Act of

1992.

Privacy Act Officer means the person

designated by the Executive Director to

administer the Review Board’s activities

pursuant to the regulations in this part.

Review Board means the

Assassination Records Review Board

created pursuant to 44 U.S.C. 2107.7.

System of records means a group of

records that is within the possession

and control of the Review Board and

from which information is retrieved by

the name of the individual or by some

identifying number, symbol, or other

identifying particular assigned to the

individual. Assassination records, as

defined above, are not included in the

Review Board’s systems of records.

§ 1415.15 Systems of records notification.

Any individual who wishes to know

whether a system of records contains a

record pertaining to him or her may file

a request in person or in writing.

Written requests should be directed to

the Privacy Act Officer, Assassination

Records Review Board, 600 E Street,

NW, Washington, DC 20530, and should

be clearly marked ‘‘Privacy Act

Request.’’

§ 1415.20 Requests by an individual for

access to their own records.

(a) Requests in writing. An individual

may request access to his or her own

records in writing by addressing a letter

to the Privacy Act Officer, Assassination

Records Review Board, 600 E Street,

NW, 2nd Floor, Washington, DC 20530.

The request should contain the

following information:

(1) Full name, address, and telephone

number of requester;

(2) Proof of identification, which

should be a copy of one of the

following: Valid driver’s license, valid

passport, or other current identification

which contains both an address and

picture of the requester;

(3) The system of records in which the

desired information is contained; and

(4) At the requester’s option,

authorization for expenses (see

§ 1415.50 below).

(b) Requests in person. Any

individual may examine his or her own

record on the Review Board’s premises.

To do so, the individual should call the

Review Board’s offices at (202) 724–

0088 and ask to speak to the Privacy Act

Officer. This call should be made at

least two weeks prior to the time the

requester would like to see the records.

During this call, the requester should be

prepared to provide the same

information as that listed in paragraph

(a) of this section except for proof of

identification.

§ 1415.25 Processing of requests.

(a) The Privacy Act Officer will

process all requests under both the

Freedom of Information Act and the

Privacy Act.

(b) The Privacy Act Officer will

respond to the request within ten

working days of its receipt by the

Privacy Act Officer. If the Review Board

needs additional time to respond, the

Privacy Act Officer will provide the

requester an explanation as to why the

Review Board requires an extension.

(c) Following the initial call from the

requester, the Privacy Act Officer will

determine: whether the records

identified by the requester exist, and

whether they are subject to any

exemption under § 1415.55 below. If the

records exist and are not subject to

exemption, the Privacy Act Officer will

call the requester and arrange an

appointment at a mutually agreeable

time when the records can be examined.

At the appointment, the requester will
64124 Federal Register / Vol. 60, No. 240 / Thursday, December 14, 1995 / Rules and Regulations

be asked to present identification as

stated in § 1415.20(a)(2). The requester

may be accompanied by one individual

of his or her own choosing, and should

state during this call whether or not a

second individual will be present at the

appointment. In the event that a second

individual accompanies the requester,

the requester will be asked to provide

the Review Board with written consent

to disclose his or her records to the

second individual.

(d) If a request is received for

information compiled in reasonable

anticipation of a civil action or

proceeding, the Privacy Act Officer will

determine whether to disclose the

information and will inform the

requester whether this information is

subject to release under the Privacy Act

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

§ 1415.30 Appeals from access denials.

When access to records has been

denied in whole or in part by the

Privacy Act Officer, the requester may

file an appeal in writing. This appeal

should be directed to the Executive

Director, Assassination Records Review

Board, 600 E Street, NW., 2nd Floor,

Washington, DC 20530. The appeal

letter must specify those denied records

that are still sought and state why the

denial by the Privacy Act Officer is

erroneous. The Executive Director or his

representative will respond to such

appeals within thirty working days after

the appeal letter is received in the

Review Board’s offices, unless, for good

cause shown, the Executive Director

extends such thirty day period. The

appeal determination will explain the

basis for continuing to deny access to

any requested records and will notify

the requester of his or her right to

judicial review of the Executive

Director’s determination.

§ 1415.35 Requests for amendment of

records.

(a) Amendment requests. Any person

is entitled to request amendment of a

record pertaining to him or her. This

request must be made in writing and

should be addressed to the Privacy Act

Officer, Assassination Records Review

Board, 600 E Street, NW., 2nd Floor,

Washington, DC 20530. The letter

should clearly identify the amendments

desired. An edited copy will usually be

acceptable for this purpose.

(b) Initial response. The Privacy Act

Officer will acknowledge the request for

amendment within ten working days of

receipt of the request. The Privacy Act

Officer will provide a letter to the

requester within thirty working days

stating whether or not the request for

amendment has been granted or denied.

The Privacy Act Officer will amend

information that is not accurate,

relevant, timely, or complete, unless the

record is excluded or exempt. If the

Privacy Act Officer decides to deny any

portion of the amendment request, the

reasons for the denial will be provided

to the requester. In addition, the Privacy

Act Officer will inform the requester of

his or her right to appeal the Privacy Act

Officer’s determination to the Executive

Director.

§ 1415.40 Appeals from amendment of

denials.

(a) When amendment of records has

been denied by the Privacy Act Officer,

the requester may file an appeal in

writing. This appeal should be directed

to the Executive Director, Assassination

Records Review Board, 600 E Street,

NW., 2nd Floor, Washington, DC 20530.

The appeal letter must specify the

record subject to the appeal, and state

why the denial of amendment by the

Privacy Act Officer is erroneous. The

Executive Director or his representative

will respond to such appeals within

thirty working days (subject to

extension by the Executive Director for

good cause) after the appeal letter has

been received in the Review Board’s

offices.

(b) The appeal determination, if

adverse to the requester in any respect,

will:

(1) Explain the basis for denying

amendment of the specified records;

(2) Inform the requester that he or she

may file a concise statement setting

forth reasons for disagreeing with the

Executive Director’s determination; and

(3) Inform the requester of his or her

right to pursue a judicial remedy under

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

§ 1415.45 Disclosure of records to third

parties.

Records subject to the Privacy Act

that are requested by a person other

than the individual to whom they

pertain will not be made available

except in the following circumstances:

(a) Release is required under the

Freedom of Information Act in

accordance with the Review Board’s

FOIA regulations, 36 CFR part 1410;

(b) Pursuant to a written request by,

or with the prior written consent of, the

individual to whom the record pertains;

or

(c) Release is authorized by 5 U.S.C.

552a(b)(1) or (3) through (11).

§ 1415.50 Fees.

A fee will not be charged for search

or review of requested records, or for

amendment of records. When a request

is made for copies of records, a copying

fee will be charged at the same rate

established for FOIA requests. See 36

CFR 1410.35. However, the first 100

pages will be free of charge.

§ 1415.55 Exemptions.

(a) The systems of records entitled

‘‘Personal Security Files’’ and ‘‘Subject

File’’ contain some information

specifically authorized under criteria

established by an Executive Order to be

kept secret in the interest of national

defense or foreign policy and which is

properly classified pursuant to such

Executive Order. Therefore, to the

extent that information in these systems

falls within the coverage of exemption

(k)(1) of the Privacy Act, 5 U.S.C.

552a(k)(1), these systems of records are

eligible for exemption from the

requirements of the following

subsections of the Privacy Act:

subsections (c)(3), (d), (e)(1), (e)(4)(G),

(H) and (I) and (f). Disclosure of

information properly classified pursuant

to an Executive Order would jeopardize

the national defense or foreign policy of

the United States.

(b) The systems of records entitled

‘‘Agency Contacts,’’ ‘‘Investigations,’’

‘‘Public Contacts,’’ and ‘‘Subject File’’

consist, in part, of investigatory material

compiled by the Review Board for law

enforcement purposes other than

material within the scope of subsection

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

however, that if any individual is

denied any right, privilege or benefit

that he would otherwise be entitled by

Federal law, or for which he would

otherwise be eligible, as a result of the

maintenance of such material, such

material shall be provided to such

individual, except to the extent that the

disclosure of such material would reveal

the identity of a source who furnished

information to the Government under an

express promise that the identity of the

source would be held in confidence, or

prior to January 1, 1975, under an

implied promise that the identity of the

source would be held in confidence.

Therefore, to the extent that information

in these systems falls within the

coverage of exemption (k)(2) of the

Privacy Act, 5 U.S.C. 552a(k)(2), these

systems of records are eligible for

exemption from the requirements of the

following subsections of the Privacy

Act, for the reasons stated below.

(1) From subsection (c)(3) because

release of the agency’s accounting of

certain disclosures to an individual who

is the subject of an investigation could

reveal the nature and scope of the

investigation and could result in the

altering or destruction of evidence,

improper influencing of witnesses, and
Federal Register / Vol. 60, No. 240 / Thursday, December 14, 1995 / Rules and Regulations 64125

other evasive actions that could impede

or compromise the investigation.

(2) From subsection (d) because

release of investigative records to an

individual who is the subject of an

investigation could interfere with

pending or prospective law enforcement

proceedings, constitute an unwarranted

invasion of the personal privacy of third

parties, reveal the identity of

confidential sources, or reveal sensitive

investigative techniques and

procedures.

(3) From subsections (d)(2), (3), and

(4) because amendment or correction of

investigative records could interfere

with pending or prospective law

enforcement proceedings, or could

impose an impossible administrative

and investigative burden by requiring

the Review Board continuously to

retrograde its investigations attempting

to resolve questions of accuracy,

relevance, timeliness, and

completeness.

(4) From subsection (e)(1), because it

is often impossible to determine

relevance or necessity of information in

the early stages of an investigation. The

value of such information is a question

of judgment and timing; what appears

relevant and necessary when collected

may ultimately be evaluated and viewed

as irrelevant and unnecessary to an

investigation.

(5) From subsection (e)(4)(G) and (H),

because the Review Board is claiming

an exemption for subsections (d)

(Access to Records) and (f) (Agency

Rules) of the Act, these subsections are

inapplicable to the extent that these

systems of records are exempted from

subsections (d) and (f).

(6) From subsection (f) because

procedures for notice to an individual

pursuant to subsection (f)(1) as to the

existence of records pertaining to the

person dealing with an actual or

potential investigation must be

exempted because such notice to an

individual would be detrimental to the

successful conduct of a pending or

future investigation. In addition, mere

notice of an investigation could inform

the subject or others that their activities

either are, or may become, the subject of

an investigation and might enable the

subjects to avoid detection or to destroy

assassination records. Since the Review

Board is claiming an exemption for

subsection (d) of the Act (Access to

Records) the rules require pursuant to

subsection (f)(2) through (5) are

inapplicable to these systems of records

to the extent that these systems of

records are exempted from subsection

(d).

(c) The systems of records entitled

‘‘Employment Applications’’ and

‘‘Personal Security Files’’ consist in part

of investigatory material compiled by

the Review Board for the purpose of

determining suitability, eligibility, or

qualifications for Federal civilian

employment or Federal contracts, the

release of which would reveal the

identity of a source who furnished

information to the Government under an

express promise that the identity of the

source would be held in confidence.

Therefore, to the extent that information

in these systems falls within the

coverage of Exemption (k)(5) of the

Privacy Act, 5 U.S.C. 552a(k)(5), these

systems of records are eligible for

exemption from the requirements of

subsection (d)(1), because release would

reveal the identity of a source who

furnished information to the

Government under an express promise

of confidentiality. Revealing the identity

of a confidential source could impede

future cooperation by sources, and

could result in harassment or harm to

such sources.

Dated: December 8, 1995.

David G. Marwell,

Executive Director, Assassination Records

Review Board.

[FR Doc. 95–30384 Filed 12–13–95; 8:45 am]

BILLING CODE 6118–01–P

DEPARTMENT OF COMMERCE

Patent and Trademark Office

37 CFR Part 10

[Docket No. 9511277–5277–01]

RIN 0651–AA65

Cross-Appeals in Patent and

Trademark Office Disciplinary

Proceedings

AGENCY: Patent and Trademark Office,

Commerce.

ACTION: Final rule.

SUMMARY: The Patent and Trademark

Office (PTO) is amending a rule of

practice in disciplinary cases to provide

a time period for filing a cross-appeal to

the Commissioner of Patents and

Trademarks after the initial decision of

the Administrative Law Judge (ALJ).

This amendment will simplify the

appeals practice in disciplinary cases by

eliminating the need to file contingent

appeals.

EFFECTIVE DATE: January 16, 1996.

FOR FURTHER INFORMATION CONTACT:

Karen L. Bovard, 703–308–5316.

SUPPLEMENTARY INFORMATION: The PTO

issued a second notice of proposed

rulemaking to amend a rule of practice

in practitioner disciplinary proceedings.

60 FR 4395, Jan. 23, 1995. Under the

existing practice, after the ALJ’s initial

decision, a party (either the respondent

or the Director of the Office of

Enrollment and Discipline) might be

obliged to file a contingent appeal to

protect cross-appealable issues in the

event the opposing party filed an

appeal. The amended rule provides a

time period for the party to file a crossappeal after the opposing party has

appealed to the Commissioner from the

ALJ’s initial decision.

No comment to the second notice of

proposed rulemaking was received. The

proposed rule is adopted.

Other Considerations

This rule change conforms with the

requirements of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.),

Executive Orders 12612 and 12866, and

the Paperwork Reduction Act of 1980,

44 U.S.C. 3501 et seq.

The Assistant General Counsel for

Legislation and Regulation of the

Department of Commerce has certified

to the Chief Counsel for Advocacy of the

Small Business Administration that the

rule change will not have a significant

impact on a substantial number of small

entities (Regulatory Flexibility Act, 5

U.S.C. 605(b)). The principal impact of

the rule change is to provide a time

period to file a cross-appeal in a PTO

disciplinary proceeding. See the first

notice of proposed rulemaking. 58 FR at

38996.

The PTO has determined that the rule

change has no Federalism implications

affecting the relationship between the

National Government and the States as

outlined in Executive Order 12612. The

rule change is not significant for the

purposes of Executive Order 12866.

The rule change will not impose a

burden under the Paperwork Reduction

Act of 1980, 44 U.S.C. 3501 et seq.,

since no recordkeeping or reporting

requirements within the coverage of the

Act are placed upon the public.

List of Subjects in 37 CFR Part 10

Administrative practice and

procedure, Inventions and patents,

Lawyers, Reporting and recordkeeping

requirements.

Pursuant to the authority contained in

35 U.S.C. 6, the PTO amends 37 CFR

part 10 as follows:

PART 10—REPRESENTATION OF

OTHERS BEFORE THE PATENT AND

TRADEMARK OFFICE

1. The authority citation for 37 CFR

part 10 continues to read as follows: