Unknown. Final rule

5,797 words·~26 min read·/register/2007/02/28/07-886

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2007-02-28.xml --- 72 39 Wednesday, February 28, 2007 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Commodity Credit Corporation See Farm Service Agency See Forest Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 8959 E7-3483 Air Force Air Force Department NOTICES Environmental statements; record of decision: Cannon Air force Base, NM;

New Mexico training range initiative, 8973-8974 E7-3467 Hickman Air Force Base et al., HI; housing privatization phase II, 8974 E7-3464 Animal Animal and Plant Health Inspection Service NOTICES Environmental statements; availability, etc.: Rice; genetically engineered to express lactoferrin, lysozyme, or serum albumin; field tests, 8959-8960 E7-3484 Meetings: National Animal Identification System; animal identification number device distribution databases, 8960-8961 E7-3509 Army Army Department NOTICES Environmental statements; availability, etc.:

Fort Belvoir, VA; base closure and realignment actions, 8974 07-904 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Broadcasting Broadcasting Board of Governors NOTICES Senior Executive Service Performance Review Board; membership, 8962 07-901 Census Census Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 8963-8966 E7-3431 E7-3432 E7-3433 Centers Centers for Disease Control and Prevention NOTICES Meetings:

Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 9005 E7-3470 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 8962-8963 E7-3429 E7-3430 Commodity Commodity Credit Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 8961-8962 07-899 Comptroller Comptroller of the Currency NOTICES Reports and guidance documents; availability, etc.:

Risk-based capital; internal ratings-based systems for credit risk, advanced measurement approaches for operational risk, etc.; supervisory guidance, 9084-9193 07-811 Customs Customs and Border Protection Bureau NOTICES Country of origin determinations: Digital color multifunctional systems, 9014-9017 E7-3482 Defense Defense Department See Air Force Department See Army Department PROPOSED RULES Secretary of Defense Office files; historical research policies and procedures, 8952-8957 E7-3021 NOTICES Meetings:

Historical Advisory Committee, 8973 07-893 Science Board, 8973 07-894 07-895 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-3392 8975-8976 E7-3395 Grants and cooperative agreements; availability, etc.: Special education and rehabilitative services— Disability and Rehabilitation Research Projects and Centers Program; correction, 8976-8977 E7-3439 Election Election Assistance Commission NOTICES Meetings;

Sunshine Act, 8977 07-918 Employment Employment and Training Administration NOTICES Adjustment assistance; applications, determinations, etc.: Airtex Products LP, 9028 E7-3460 Anaheim Manufacturing Co., 9029 E7-3461 Delphi Corp., 9029 E7-3458 Georgia Narrow Fabrics et al., 9029-9030 E7-3457 Jones Apparel Group, Inc., 9030 E7-3459 Mid-West Wire Products Inc., 9030-9031 E7-3462 Committees; establishment, renewal, termination, etc.: Apprenticeship Charter Advisory Committee, 9031 E7-3465 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Meetings:

DOE/NSF Nuclear Science Advisory Committee, 8977-8978 E7-3502 Environmental Management Site-Specific Advisory Board— Northern New Mexico, E7-3500 8978-8979 E7-3501 Oak Ridge Reservation, TN, 8979 E7-3503 Paducah Gaseous Diffusion Plant, KY, 8979 E7-3504 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: West Virginia, 8903-8913 E7-3318 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: 2-propenoic acid, methyl ester, polymer with ethenyl acetate, hydrolyzed, sodium salts, 8913-8916 E7-3118 Halosulfuron-methyl, 8923-8927 E7-3205 Orthosulfamuron, 8928-8931 07-898 Sethoxydim, 8916-8923 E7-3010 NOTICES Agency information collection activities; proposals, submissions, and approvals, 8983-8985 E7-3516 Air programs:

Ambient air monitoring reference and equivalent methods— SIR S.A. Model S-5014 Photometric O3 Analyzer; equivalent method designation, 8985-8986 E7-3523 Pesticide, food, and feed additive petitions: Nichino America, Inc., et al., 9000-9002 E7-3117 Pesticide registration, cancellation, etc.: Dimethoate, 8986-8988 E7-3320 Isomate-CM/LR TT, 8988-8989 E7-3321 Mefenoxam EC D-Alainin, N-(2,6-dimethylphenyl)-N-(methoxyacetyl)-, methyl ester, etc., 8989-9000 E7-3322 Executive Executive Office of the President See Presidential Documents Farm Farm Service Agency NOTICES Agency information collection activities; proposals, submissions, and approvals, 8961-8962 07-899 FAA Federal Aviation Administration RULES Airworthiness standards:

Special conditions— Dassault Aviation Model Falcon 7X airplane, 8882-8887 E7-3499 NOTICES Meetings: Aviation Rulemaking Advisory Committee, 9057-9058 E7-3505 FDIC Federal Deposit Insurance Corporation NOTICES Reports and guidance documents; availability, etc.: Risk-based capital; internal ratings-based systems for credit risk, advanced measurement approaches for operational risk, etc.; supervisory guidance, 9084-9193 07-811 Federal Energy Federal Energy Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 8980-8981 E7-3485 Meetings:

Transcontinental Gas Pipe Line Corp., 8983 E7-3490 *Applications, hearings, determinations, etc.:* Gulf South Pipeline Co., LP, 8981 E7-3486 High Prairie Wind Farm II, LLC, 8981-8982 E7-3489 Nevada Solar One, LLC, 8982 E7-3488 Viking Gas Transmission Co., 8982-8983 E7-3487 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 9002 E7-3506 Federal Motor Federal Motor Carrier Safety Administration PROPOSED RULES Motor vehicle safety standards: Drivers’ hours of service— Electronic on-board recorders; public listening session, 8957-8958 E7-3451 NOTICES Meetings:

Commercial Driver's License Advisory Committee, 9058-9059 E7-3481 Federal Railroad Federal Railroad Administration NOTICES Exemption petitions, etc.: Union Railroad Co., 9059 E7-3479 Railroad safety: Locomotive Safety Standards Working Group waivers and documents; collection docket established, 9059-9060 E7-3448 Traffic control systems; discontinuance or modification: Canadian National Railway, 9060-9061 E7-3480 CSX Transportation, 9061 E7-3450 Federal Reserve Federal Reserve System NOTICES Reports and guidance documents; availability, etc.:

Risk-based capital; internal ratings-based systems for credit risk, advanced measurement approaches for operational risk, etc.; supervisory guidance, 9084-9193 07-811 FTC Federal Trade Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 9002-9005 E7-3397 Federal Transit Federal Transit Administration NOTICES Reports and guidance documents; availability, etc.: Other Than Urbanized Areas Formula Grants Program; circular, 9062-9073 E7-3452 Fish Fish and Wildlife Service RULES Migratory bird permits:

Defense Department; migratory birds take, 8931-8950 E7-3443 NOTICES Environmental statements; availability, etc.: Vieques National Wildlife Refuge, PR; comprehensive conservation plan, 9018-9019 E7-3478 Environmental statements; notice of intent: National wildlife refuges, ND, 9019-9020 E7-3463 Wetland management districts, ND; comprehensive conservation plan, 9020-9021 E7-3466 Scientific research permit applications, determinations, etc., 8972-8973 07-900 Food Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 9005-9007 E7-3444 Reports and guidance documents; availability, etc.:

Donors of human cells, tissues, and cellular and tissue-based products; eligibility determination, 9007-9008 E7-3445 Preparation and public availability of information given to advisory committees, 9008-9009 07-887 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Delaware Premcor Refining Group Inc.; oil refinery, 8966 E7-3434 Oklahoma, 8966-8967 E7-3428 Forest Forest Service NOTICES Environmental statements; notice of intent:

Nebraska National Forest, NE and SD, 8962 E7-3469 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Health Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 9009-9010 E7-3446 Meetings:

Childhood Vaccines Advisory Commission, 9010 E7-3559 Homeland Homeland Security Department See Customs and Border Protection Bureau See U.S. Citizenship and Immigration Services Indian Indian Affairs Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-3495 E7-3496 9021-9025 07-920 Industry Industry and Security Bureau NOTICES Export privileges, actions affecting: Kovacs, William, 8967-8969 07-905 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Minerals Management Service See Reclamation Bureau IRS Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 9076-9079 E7-3414 E7-3418 E7-3420 Meetings:

Taxpayer Advocacy Panels, 9079-9081 E7-3419 E7-3423 E7-3424 International International Trade Administration NOTICES Antidumping and countervailing duties: Administrative review requests, 8969-8970 E7-3438 Countervailing duties: Honey from— Argentina, 8970 E7-3437 Justice Justice Department RULES Sex Offender Registration and Notification Act; applicability, 8894-8897 E7-3063 Labor Labor Department See Employment and Training Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Privacy Act; systems of records, 9025-9026 E7-3477 Minerals Minerals Management Service RULES Outer Continental Shelf; oil, gas, and sulphur operations:

American Petroleum Institute; cementing shallow water flow zones; recommended practice; incorporated by reference, 8900-8903 E7-3426 Civil penalty assessment; inflation adjustment, 8897-8899 E7-3427 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Arts National Council, 9033 E7-3413 International Exhibitions Federal Advisory Committee, 9034 E7-3410 National Endowment for the Arts, Chairperson; determinations: Advisory committees; information and activities; public disclosure, 9034-9035 E7-3412 Arts National Council meetings; potential closures, 9035 E7-3411 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards; exemption petitions, etc.:

US SPECS, 9074 E7-3425 Reports and guidance documents; availability, etc.: Occupant protection in interior impact; 1999-2003 head impact upgrade; evaluation report, 9074-9075 E7-3442 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 9010-9012 E7-3435 Inventions, Government-owned; availability for licensing, 9012-9013 E7-3436 NOAA National Oceanic and Atmospheric Administration NOTICES Environmental statements; availability, etc.:

Steller sea lions and northern fur seals research; public hearings, 8971 E7-3517 Environmental statements; notice of intent: Magnuson-Stevens Fishery Conservation and Management Reauthorization Act— Annual catch limits, accountability, and other overfishing provisions; National Standard 1 guidelines; scoping period extended and meetings, 8971 E7-3507 Marine mammal permit applications, determinations, etc., 8972 E7-3508 Scientific research permit applications, determinations, etc., 8972-8973 07-900 Nuclear Nuclear Regulatory Commission PROPOSED RULES Nuclear power reactors; security requirements, 8951 E7-3473 NOTICES Environmental statements; availability, etc.:

Tennessee Valley Authority, 9036-9037 E7-3476 *Applications, hearings, determinations, etc.:* Nuclear Management Co., LLC, et al., 9035-9036 E7-3474 Nuclear Nuclear Waste Technical Review Board RULES Privacy Act; implementation, 8879-8882 07-886 NOTICES Privacy Act; systems of records, 9037 07-885 Occupational Occupational Safety and Health Administration NOTICES Nationally recognized testing laboratories, etc.: Southwest Research Institute, 9031-9033 E7-3440 Patent Patent and Trademark Office PROPOSED RULES Practice and procedure:

Representation of others before United States Patent and Trademark Office; changes, 9196-9220 07-800 Personnel Personnel Management Office NOTICES Personnel management demonstration projects: National Nuclear Security Administration; pay banding and performance-based pay adjustments, 9037-9050 E7-3454 Presidential Presidential Documents ADMINISTRATIVE ORDERS Chad; waiving prohibition on United States military assistance (Presidential Determination) No. 2007-13 of February 14, 2007, 9227 07-937 Cuba; continuation of the national emergency relating to the anchorage and movement of vessels (Notice of February 26, 2007), 9229-9232 07-941 Foreign Assistance Act of 1961; transfer of funds (Presidential Determination) No. 2007-11 of January 26, 2007, 9221-9223 07-935 Palestinian Authority; imposition and waiver of sanctions (Presidential Determination) No. 2007-12 of February 7, 2007, 9225 07-936 Reclamation Reclamation Bureau NOTICES Environmental statements; availability, etc.:

Lake Powell and Lake Mead, NV and AZ; Colorado River interim guidelines for lower basin shortages and coordinated operations; public hearing, 9026-9028 E7-3447 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 9050-9051 E7-3408 NASDAQ Stock Market LLC, 9051-9052 E7-3493 NYSE Arca, Inc., 9052-9054 E7-3494 Philadelphia Stock Exchange, Inc., 9054-9057 E7-3491 E7-3492 State State Department RULES Deaths and estates, 8887-8894 07-889 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 9013-9014 E7-3468 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.:

Illinois Central Railroad Co., 9076 E7-3471 TRI Owners Association, 9076 E7-3472 Thrift Thrift Supervision Office NOTICES Reports and guidance documents; availability, etc.: Risk-based capital; internal ratings-based systems for credit risk, advanced measurement approaches for operational risk, etc.; supervisory guidance, 9084-9193 07-811 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Surface Transportation Board NOTICES Aviation proceedings:

Hearings, etc.— SkyExpress Airline, 9057 07-880 Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service See Thrift Supervision Office MISSING FOR: U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services NOTICES Immigration: Freedom of Information Act; special processing track for individuals appearing before an immigration court, 9017-9018 E7-3357 U.S. Institute of Peace United States Institute of Peace NOTICES Meetings;

Sunshine Act, 9081 07-938 Separate Parts In This Issue Part II Federal Deposit Insurance Corporation; Federal Reserve System; Treasury Department, Comptroller of the Currency; Treasury Department, Thrift Supervision Office, 9084-9193 07-811 Part III Commerce Department, Patent and Trademark Office, 9196-9220 07-800 Part IV Executive Office of the President, Presidential Documents, 9221-9223, 9225, 9227 07-935 07-936 07-937 Part V Executive Office of the President, Presidential Documents, 9229-9232 07-941 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 72 39 Wednesday, February 28, 2007 Rules and Regulations 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:

(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 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.

(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]

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U.S. Code