Federal Register / Vol. 66, No. 245 / Thursday, December 20, 2001 / Rules and Regulations 65651

of Information Act rules and § 4.31 of

the Department’s Privacy Act rules.

(e) Right of appeal. (1) A requester

may appeal to the DAS when

information requested under this

section is not completely declassified

and released after expiration of the

applicable time limits. Within thirty

working days (i.e., excluding Saturdays,

Sundays, and legal public holidays) of

receipt of a written appeal:

(i) The DAS shall determine whether

continued classification of the requested

information is required in whole or in

part;

(ii) If information is declassified,

determine whether it is releasable under

the Freedom of Information Act; and

(iii) Notify the requester of his or her

determination, making available any

information determined to be releasable.

If continued classification is required

under the provisions of the Department

of Commerce National Security Manual,

the DAS shall notify the requester of his

or her determination, including the

reasons for denial based on applicable

provisions of E.O. 12958, and of the

right of final appeal to the Interagency

Security Classification Appeals Panel.

(2) During the declassification review

of information under appeal the DAS

may overrule previous determinations

in whole or in part if continued

protection in the interest of national

security is no longer required. If the

DAS determines that the information no

longer requires classification, it shall be

declassified and, unless it is otherwise

exempt from disclosure under the

Freedom of Information Act, released to

the requester. The DAS shall advise the

original reviewing component of his or

her decision.

§ 4a.8 Access to classified information by

individuals outside the Government.

(a) Industrial, Educational, and

Commercial Entities. Certain bidders,

contractors, grantees, educational,

scientific, or industrial organizations

may receive classified information

under the procedures prescribed by the

National Industrial Security Program

Operating Manual.

(b) Access by historical researchers

and former Presidential appointees. An

individual engaged in historical

research projects or who has previously

occupied a policy-making position to

which he or she was appointed by the

President may be authorized access to

classified information for a limited

period, provided that the head of the

component with jurisdiction over the

information:

(1) Determines in writing that:

(i) Access is consistent with national

security;

(ii) The individual has a compelling

need for access; and

(iii) The Department’s best interest is

served by providing access;

(2) Obtains in writing from the

individual:

(i) Consent to a review by the

Department of any resultant notes and

manuscripts for the purpose of

determining that no classified

information is contained in them; and

(ii) Agreement to safeguard classified

information in accordance with

applicable requirements; and

(iii) A detailed description of the

individual’s research;

(3) Ensures that custody of classified

information is maintained at a

Department facility;

(4) Limits access granted to former

Presidential appointees to items that the

individual originated, reviewed, signed,

or received while serving as a

Presidential appointee; and

(5) Receives from the DAS:

(i) A determination that the

individual is trustworthy; and

(ii) Approval to grant access to the

individual.

(c) An individual seeking access

should describe the information with

sufficient specificity to locate and

compile it with a reasonable amount of

effort. If the access requested by a

historical researcher or former

Presidential appointee requires services

for which fees are chargeable, the

responsible component shall notify the

individual in advance.

(d) This section applies only to

classified information originated by the

Department, or to information in the

sole custody of the Department.

Otherwise, the individual shall be

referred to the classifying agency.

PART 4b—[REMOVED]

3. Remove Part 4b.

Dated: December 6, 2001.

Robert F. Kugelman,

Director, Office of Executive Budgeting and

Assistance Management.

[FR Doc. 01–31131 Filed 12–19–01; 8:45 am]

BILLING CODE 3510–BW–P

DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 619

Program for Qualifying DOD Freight

Motor Carriers, Exempt Surface Freight

Forwarders, Shippers Agents, and

Freight Brokers

AGENCY: Headquarters Military Traffic

Management Command (MTMC), DoD.

ACTION: Final rule.

SUMMARY: This action removes 32 CFR

Part 619 published in the Federal

Register Aug 20, 1993 (58 FR 44405,

amended at 61 FR 49060, Sept. 18,

1996). The rule is being removed to

allow for publication in MTMC rules

publication. This rule is now obsolete

and no longer applies to or governs the

qualifications of carriers to do business

with MTMC or with the Department of

Defense.

DATES: Effective December 20, 2001.

ADDRESSES: Headquarters Military

Traffic Management Command, ATTN:

MTOP–MRM (Mr. Rick Wirtz, TMS) 200

Stovall Street, Alexandria, VA 22332.

FOR FURTHER INFORMATION CONTACT: Mr.

Rick Wirtz, (703) 428–2382

SUPPLEMENTARY INFORMATION: The

Commander, MTMC, is the proponent of

this rule and, acting with the advice of

his acquisition, operations and legal

staffs, had concluded that it is obsolete.

Due to changes in the laws governing

interstate commerce, including a

transition of much of our procurement

from nonFAR to FAR contract

procedures, there is no longer any

necessity for this rule. Under FAR

contracting the contracting Officer has

the responsibility for making

determinations as to whether a carrier

bidder is a responsible bidder who is

qualified to do business with the DoD

under the contract in issue.

This rule has been replaced with a

simpler program, which meets the

requirements of the current Interstate

Commerce Act and the requirements of

our current transportation needs. The

current procedures for carriers to follow

in order to qualify for doing business

with MTMC are published on the

MTMC Home Page. The carrier industry

has been properly notified of this

change and is currently following the

new procedures to the satisfaction of all

parties. The new program for qualifying

carriers is not a ‘‘Rule’’, as that term is

used in rulemaking proceedings under

the Administrative Procedures Act and

thus does not require publication in the

Code of Federal Regulations or in the

Federal Register. We understand that

the volume of the CFR that contains 49

CFR Part 619 is due to be reprinted

soon. Therefore, it would be helpful in

avoiding confusion with the public if 32

CFR Part 619 is removed.

List of Subjects in 32 CFR Part 619

Program for Qualifying DOD Freight

Motor Carriers, Exempt Surface Freight

Forwarders, Shippers Agents, and

Freight Brokers.

65652 Federal Register / Vol. 66, No. 245 / Thursday, December 20, 2001 / Rules and Regulations

PART 619—[REMOVED]

Accordingly, for reasons stated in the

preamble, under the authority: 49 U.S.C.

5101–5127, 31132, 31136, and 31142, 32

CFR Part 619, Program for Qualifying

DOD Freight Motor Carriers, Exempt

Surface Freight Forwarders, Shippers

Agents, and Freight Brokers, is removed

in its entirety.

Ms. Luz D. Ortiz,

Army Federal Register Liaison Officer.

[FR Doc. 01–31357 Filed 12–19–01; 8:45 am]

BILLING CODE 3710–08–M

NATIONAL ARCHIVES AND RECORDS

ADMINISTRATION

36 CFR Part 1202

RIN 3095–AA99

Privacy Act; Implementation

AGENCY: National Archives and Records

Administration (NARA).

ACTION: Final rule.

SUMMARY: NARA is rewriting our

Privacy Act regulations to update the

procedures for making a Privacy Act

request, and to reflect the President’s

memorandum of June 1, 1998, Plain

Language in Government Writing. This

rule will affect individuals and entities

seeking access or disclosure of

information contained in NARA Privacy

Act systems of records and subject

individuals covered by a NARA Privacy

Act system.

EFFECTIVE DATE: January 22, 2002.

FOR FURTHER INFORMATION CONTACT:

Nancy Allard at telephone number 301–

713–7360, ext. 226, or fax number 301–

713–7270.

SUPPLEMENTARY INFORMATION:

NARA published a notice of proposed

rulemaking in the June 5, 2001 Federal

Register (66 FR 30134) for a 60-day

comment period. No comments were

received. However, we have determined

that one of the Privacy Act systems cited

in §§ 1202.92 and 1202.94, General Law

Files, should not be exempt under 5

U.S.C. 552a(k)(2) and (k)(5) of the

Privacy Act. We have therefore removed

references to this system of records. In

addition, minor editorial corrections to

legal citations have been made.

This final rule is not a significant

regulatory action for the purposes of

Executive Order 12866 and has not been

reviewed by the Office of Management

and Budget. As required by the

Regulatory Flexibility Act, I certify that

this rule will not have a significant

impact on a substantial number of small

entities because it only affects

individuals and entities seeking access

or disclosure of information contained

in NARA Privacy Act systems of

records. This rule does not have any

federalism implications. This rule is not

a major rule.

List of Subjects in 36 CFR Part 1202

Privacy.

For the reason set forth in the

preamble, part 1202 of title 36, Code of

Federal Regulations, is revised to read

as follows:

PART 1202—REGULATIONS

IMPLEMENTING THE PRIVACY ACT OF

1974

Subpart A—General Information About the

Privacy Act

Sec.

1202.1 What does this part cover?

1202.2 What this part does not cover.

1202.4 Definitions.

1202.6 Whom should I contact for Privacy

Act matters at NARA?

1202.8 How does NARA handle records

that are in Government-wide Privacy Act

systems?

1202.10 Does NARA handle access to and

disclosure of records of defunct agencies

in the custody of NARA?

Subpart B—Collecting Information

1202.18 How does NARA collect

information about individuals?

1202.20 What advisory information does

NARA provide before collecting

information from me?

1202.22 Will NARA need my Social

Security Number?

1202.24 Will NARA ever request

information about me from someone

else?

1202.26 Who will make sure that my record

is accurate?

1202.28 What rules do NARA employees

follow in managing personal

information?

1202.30 How does NARA safeguard its

systems of records?

Subpart C—Individual Access to Records

1202.40 How can I gain access to NARA

records about myself?

1202.42 How are requests for access to

medical records handled?

1202.44 How long will it take for NARA to

process my request?

1202.46 In what ways will NARA provide

access?

1202.48 Will I have to pay for copies of

records?

1202.50 Does NARA require prepayment of

fees?

1202.52 How do I pay?

1202.54 On what grounds can NARA deny

my Privacy Act request?

1202.56 How do I appeal a denial of my

Privacy Act request?

1202.58 How are appeals processed?

Subpart D—Disclosure of Records

1202.60 When does NARA disclose a record

in a Privacy Act system of records?

1202.62 What are the procedures for

disclosure of records to a third party?

1202.64 How do I appeal a denial of

disclosure?

1202.66 How does NARA keep account of

disclosures?

Subpart E—Request to Amend Records

1202.70 Whom should I contact at NARA to

amend records about myself?

1202.72 How does NARA handle requests

to amend records?

1202.74 How will I know if NARA

approved my amendment request?

1202.76 Can NARA deny my request for

amendment?

1202.78 How do I accept an alternative

amendment?

1202.80 How do I appeal the denial of a

request to amend a record?

1202.82 How do I file a Statement of

Disagreement?

1202.84 Can I seek judicial review?

Subpart F—Exemptions

1202.90 What NARA systems of records are

exempt from release under the National

Security Exemption of the Privacy Act?

1202.92 What NARA systems of records are

exempt from release under the Law

Enforcement Exemption of the Privacy

Act?

1202.94 What NARA systems of records are

exempt from release under the

Investigatory Information Material

Exemption of the Privacy Act?

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

2104(a).

Subpart A—General Information About

the Privacy Act

§ 1202.1 What does this part cover?

(a) This part covers requests under the

Privacy Act (5 U.S.C. 552a) for NARA

operational records and records of

defunct agencies stored in NARA record

centers.

(b) This part explains how NARA

collects, uses and maintains records

about you that are filed by your name

or other personal identifiers and which

are contained in a ‘‘system of records’’

as defined by 5 U.S.C. 552a(a)(5).

(c) This part describes the procedures

to gain access to and contest the

contents of your records, and the

conditions under which NARA

discloses such records to others.

§ 1202.2 What this part does not cover.

This part does not cover:

(a) Records that have been transferred

into the National Archives of the United

States for permanent preservation.

Archival records that are contained in

systems of records that become part of

the National Archives of the United

States are exempt from most provisions

of the Privacy Act (see 5 U.S.C.