29522 Federal Register / Vol. 61, No. 113 / Tuesday, June 11, 1996 / Proposed Rules

(Catalog of Federal Domestic Assistance No.

83.100, ‘‘Flood Insurance.’’)

Dated: May 31, 1996.

Richard W. Krimm,

Acting Associate Director for Mitigation.

[FR Doc. 96–14727 Filed 6–10–96; 8:45 am]

BILLING CODE 6718–04–P

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 10

[Docket No. OST–96–1437; Notice 96–19]

RIN 2105–AC57

Privacy Act; Maintenance of and

Access to Records Pertaining to

Individuals; Amendment

AGENCY: Department of Transportation

(DOT), Office of the Secretary.

ACTION: Notice of Proposed Rulemaking.

SUMMARY: DOT proposes to amend its

regulations in implementing the Privacy

Act, 5 U.S.C. 552a. This revision

updates organizational changes since

the last revision and streamlines the

regulations in order to make the

regulations more useful. Public

comment is invited.

DATES: Comments are due August 12,

1996.

ADDRESSES: Comments should be

addressed to Documentary Services

Division, Attention: Docket Section,

Room PL401, Docket No. OST–96–1437,

Department of Transportation, C–55,

Washington, DC 20590. Any person

wishing acknowledgment that his/her

comments have been received should

include a self-addressed stamped

postcard. Comments received will be

available for public inspection and

copying in the Documentary Services

Division, Room PL401, Department of

Transportation Building, 400 Seventh

Street, SW, Washington, DC, from 10

AM to 5 PM ET Monday through Friday

except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Dorothy A. Chambers, Office of the

General Counsel, C–12, Department of

Transportation, Washington, DC 20590,

telephone (202) 366–4542, FAX (202)

366–7152.

SUPPLEMENTARY INFORMATION: The

President instituted a Regulatory

Review initiative, for the reinvention of

regulations by eliminating duplicate,

redundant or unnecessary language and

revising regulations to meet the need of

users. In response to this initiative, we

have reviewed part 10 and are

proposing to revise this section to

update and streamline information on

maintenance and access to records

pertaining to individuals. The main

revision is to remove from the Code of

Federal Regulations Appendices B

through J to this part and remove

references to the appendices throughout

the part. These appendices contain

information that is available through the

Notice of Records Systems published by

the Federal Register, National Archives

and Records Administration, which

describes the systems of records

maintained by all Federal agencies,

including the Department and its

components. Therefore, it is

unnecessary to repeat this information

in the regulations. Several other

housekeeping corrections have also

been made.

Analysis of regulatory impacts.

This amendment is not a ‘‘significant

regulatory action’’ within the meaning

of Executive Order 12866. It is also not

significant within the definition in

DOT’s Regulatory Policies and

Procedures, 49 FR 11034 (1979), in part

because it does not involve any change

in important Departmental policies.

Because the economic impact should be

minimal, further regulatory evaluation

is not necessary. Moreover, I certify that

this proposal will not have a significant

economic impact on a substantial

number of small entities.

This proposal does not significantly

affect the environment, and therefore an

environmental impact statement is not

required under the National

Environmental Policy Act of 1969. It has

also been reviewed under Executive

Order 12612, Federalism, and it has

been determined that it does not have

sufficient implications for federalism to

warrant preparation of a Federalism

Assessment.

Finally, the proposal does not contain

any collection of information

requirements, requiring review under

the Paperwork Reduction Act of 1980.

List of Subjects in 49 CFR Part 10

Privacy.

In accordance with the above, DOT

proposes to amend 49 CFR part 10 as

follows:

PART 10—[AMENDED]

1. The authority citation would

continue to be as follows:

Authority: 5 U.S.C. 552a; 49 U.S.C. 322.

§ 10.1 [Amended]

2. In § 10.1, paragraphs (b), (c), and (d)

would be removed and the paragraph

designation (a) would be removed.

3. In § 10.5, within the definition of

Department, paragraph (f) would be

revised, and a new paragraph (i) would

be added to read as follows

§ 10.5 Definitions.

Unless the context requires otherwise,

the following definitions apply in this

part:

* * * * *

Department * * *

* * * * *

(f) Federal Transit Administration.

* * * * *

(i) Bureau of Transportation Statistics.

* * * * *

4. In § 10.31, paragraph (a) would be

revised to read as follows:

§ 10.31 Requests for records.

(a) Ordinarily, each person desiring to

determine whether a record pertaining

to him/her is contained in a system of

records covered by this part or desiring

access to a record covered by this part,

or to obtain a copy of such a record,

shall make a request in writing

addressed to the system manager. The

‘‘Notice of Records Systems’’ published

by the Office of the Federal Register,

National Archives and Records

Administration, describes the systems of

records maintained by all Federal

agencies, including the Department and

its components. In exceptional cases

oral requests are accepted. See

§ 10.13(b) regarding inquiries

concerning Privacy Act matters or

requests for assistance.

* * * * *

5. In § 10.35, paragraph (a)(12) would

be added to read as follows:

§ 10.35 Conditions of disclosure.

(a) No record that is contained within

a system of records of the Department is

disclosed by any means of

communication to any person, or to

another agency, except pursuant to a

written request by, or with the prior

written consent of, the individual to

whom the record pertains, unless

disclosure of the record would be:

* * * * *

(12) To a consumer reporting agency

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

* * * * *

6. In § 10.37, the last sentence would

be revised to read as follows:

§ 10.37 Identification of individual making

request.

* * * In such cases, these additional

requirements are listed in the public

notice for the system.

7. Section 10.39 would be revised to

read as follows:
Federal Register / Vol. 61, No. 113 / Tuesday, June 11, 1996 / Proposed Rules 29523

§ 10.39 Location of records.

Each record made available under this

subpart is available for inspection and

copying during regular working hours at

the place where it is located, or, upon

reasonable notice, at the document

inspection facilities of the Office of the

Secretary or each administration.

Original records may be copied but may

not be released from custody. Upon

payment of the appropriate fee, copies

are mailed to the requester.

8. Section 10.41 would be revised to

read as follows:

§ 110.41 Requests for correction of

records.

Any person who desires to have a

record pertaining to that person

corrected shall submit a written request

detailing the correction and the reasons

the record should be so corrected.

Requests for correction of records shall

be submitted to the System Manager.

9. In § 10.51, paragraphs (c) and (h)

would be revised to read as follows:

§ 10.51 General.

* * * * *

(c) Each application for review must

be made in writing and must include all

information and arguments relied upon

by the person making the request, and

be submitted within 30 days of the date

of the initial denial; exceptions to this

time period are permitted for good

reason.

* * * * *

(h) Any final decision by an

Administrator or his/her delegate not to

grant access to or amend a record under

this part, is subject to concurrence by

the General Counsel or his or her

delegate.

Appendix A [Redesignated as

Appendix]

10. Appendix A would be

redesignated as ‘‘Appendix’’.

Appendices B–J [Removed]

11. Appendices B through J would be

removed.

Issued in Washington, DC, on May 31,

1996.

Federico Pen ́ a,

Secretary of Transportation.

[FR Doc. 96–14612 Filed 6–10–96; 8:45 am]

BILLING CODE 4910–62–P