[Federal Register Volume 62, Number 84 (Thursday, May 1, 1997)]
[Rules and Regulations]
[Pages 23666-23667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11305]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 10
RIN 2105-AC57
Maintenance of and Access to Records Pertaining to Individuals
AGENCY: Office of the Secretary, DOT.
ACTION: Final rule.
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SUMMARY: DOT revises 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.
DATES: This rule is effective June 30, 1997.
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 reviewed
Part 10 and proposed 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 were also made.
Public comment was invited (61 FR 29522; June 11, 1996), but none was
received. Upon review, we have decided to issue the proposal without
change, except to reflect that the Inspector General has the same
authority under this part as does any Administrator; and that the
Surface Transportation Board (STB), a successor to the Interstate
Commerce Commission within DOT, is not covered by these Privacy Act
regulations, but, rather, by its own, except to the extent that any
system of records notice provides otherwise. That is, if the STB is
included in a DOT system of records, then these regulations apply to
that system, including STB's participation in it.
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.
Under the Regulatory Flexibility Act, the only group of persons who
will be directly affected by this amendment are those members of the
public who are the subjects of any of our Privacy Act systems of
records. These qualify as small entities and will have burdens lessened
by this amendment, as the effect of the amendment will be to make our
Privacy Act regulations easier to understand; however, it is not likely
that any such burden reduction will be large nor that it will be
convertible into economic equivalents. Hence, I certify that this
amendment will not have a significant economic impact on a substantial
number of small entities.
This amendment 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 amendment does not contain any collection of
information requirements, requiring review under the Paperwork
Reduction Act, as amended.
List of Subjects in 49 CFR Part 10
Privacy.
In accordance with the above, DOT amends 49 CFR Part 10 as follows:
PART 10--[AMENDED]
1. The authority citation for Part 10 continues to read as follows:
Authority: 5 U.S.C. 552a; 49 U.S.C. 322.
Sec. 10.1 [Amended]
2. Section 10.1 is amended by deleting paragraphs (b), (c), and
(d), and by removing the paragraph designation ``(a)'' from the
remaining text.
[[Page 23667]]
3. In Sec. 10.5, within the definition of Department, the
introductory text and paragraph (f) are revised, and a new paragraph
(i) is added at the end to read as follows:
Sec. 10.5 Definitions.
* * * * *
Department means the Department of Transportation, including the
Office of the Secretary, the Office of Inspector General, and the
following operating administrations: This definition specifically
excludes the Surface Transportation Board, which has its own Privacy
Act regulations (49 CFR Part 1007), except to the extent that any
system of records notice provides otherwise.
* * * * *
(f) Federal Transit Administration.
* * * * *
(i) Bureau of Transportation Statistics.
4. In Sec. 10.11, the first sentence is revised to read as follows:
Sec. 10.11 Administration of part.
Authority to administer this part in connection with the records of
the Office of the Secretary is delegated to the Assistant Secretary for
Administration.
* * * * *
5. In Sec. 10.23 the introductory text is revised to read as
follows:
Sec. 10.23 Accounting of disclosures.
Each operating administration, the Office of Inspector General, and
the Office of the Secretary, with respect to each system of records
under its control:
* * * * *
6. In Sec. 10.31, paragraph (a) is revised to read as follows:
Sec. 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 ``Privacy Act Issuances''
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. A description of DOT
Privacy Act systems notices is available through the Internet free of
charge at http://www.access.gpo.gov/su_docs/aces/PrivacyAct.
shtml?desc015.html. See Sec. 10.13(b) regarding inquiries concerning
Privacy Act matters or requests for assistance.
* * * * *
7. In Sec. 10.35, paragraph (a) introductory text is revised and
paragraph (a)(12) is added to read as follows:
Sec. 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).
* * * * *
8. In Sec. 10.37, the last sentence is revised to read as follows:
Sec. 10.37 Identification of individual making request.
* * * * *
In such cases, these additional requirements are listed in the
public notice for the system.
9. Section 10.39 is revised to read as follows:
Sec. 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.
10. Section 10.41 is revised to read as follows:
Sec. 10.41 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.
11. In Sec. 10.51, paragraphs (c) and (h) are revised, to read as
follows:
Sec. 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.
12. In Sec. 10.63 introductory text is revised to read as follows:
Sec. 10.63 Specific exemptions.
The Secretary or his or her delegee, in the case of the Office of
the Secretary; or the Administrator or his or deluge, in the case of an
operating administration; or the Inspector General or his or her
deluge, in the case of the Office of Inspector General, may exempt any
system of records that is maintained by the Office of the Secretary, an
operating administration, or the Office of Inspector General, as the
case may be, from subsections (c)(3), (d), (e)(1), (e)(4)(G), (H), and
(I), and (f) of the Act and implementing Secs. 10.23(c); 10.35(b);
10.41; 10.43; 10.45; 10.21(a) and 10.21(d)(6), (7), and (8), under the
following conditions:
* * * * *
13. ``Appendix A to part 10'' is redesignated as ``Appendix to part
10''.
14. Appendices B through J are removed.
Issued in Washington, DC, on March 24, 1997.
Rodney E. Slater,
Secretary of Transportation.
[FR Doc. 97-11305 Filed 4-30-97; 8:45 am]
BILLING CODE 4910-62-P
