[Federal Register Volume 59, Number 69 (Monday, April 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8593]
[[Page Unknown]]
[Federal Register: April 11, 1994]
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DEPARTMENT OF ENERGY
Privacy Act of 1974; Establishment of a New Routine Use for an
Existing System of Records and Elimination of a System of Records
AGENCY: Department of Energy (DOE).
ACTION: Elimination of one system of records and establishment of a new
routine use for an existing system.
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SUMMARY: DOE proposes to: (1) Eliminate a System of Records and
consolidate those records into an existing System of Records; (2)
establish a routine use for DOE-28; and (3) provide current information
on system location and records storage. The new routine use for DOE-28
will allow the disclosure of training records of employees involved in
the management of hazardous waste to federal and state regulatory
agencies which require the records to successfully perform their
functions. In addition, DOE is proposing to maintain in DOE-28 records
currently in DOE-80 ``Quality Assurance Training and Qualification
Records.'' DOE-28 will also include routine uses listed for DOE-80 and
include machine readable media in the types of records maintained in
the system. The revisions reflect this new method of storage.
DATES: The revised system of records will become effective without
further notice on May 23, 1994.
FOR FURTHER INFORMATION CONTACT: Denise B. Diggin, Chief of FOI/PA, HR-
831, 1000 Independence Avenue, SW., Washington, DC 20585, (202) 586-
6025, or Abel Lopez, Office of General Counsel, GC-43, 1000
Independence Avenue, SW., Washington, DC 20585, (202) 586-8618, or
Charles R. Tierney, Director of Professional and Technical Training and
Development, HR-33, 1000 Independence Avenue SW., Washington, DC 20585,
(202) 275-7036.
SUPPLEMENTARY INFORMATION: On September 9, 1993, the Department
published a revision to an existing system of records as required by
the Privacy Act of 1974 (Pub. L. 93-579, 5 U.S.C. 552a). In that notice
DOE proposed to revise a system of records, DOE-28, ``General Training
Records.'' The proposed revisions include establishing a new routine
use and incorporating records currently maintained in DOE-80. The new
routine use will allow disclosure of training records of professional
and technical DOE and DOE contractor employees involved in the
processing of hazardous waste to agencies that need the information to
perform certain regulatory functions. DOE-28 and DOE-80 will be
consolidated to maintain training records in one system rather than in
different systems.
Response to Comments Received
The first comment was that the preamble restricted the types of
records that would be available to state regulators because the
preamble language limits the records addressed in the text of the
notice. The preamble is used to explain the revisions being proposed
and is not legally binding. The language incorporated in the system
notice concerns the records that may be provided to state regulators
pursuant to a routine use and is not as limited as the preamble. To
address the concerns however, the notice has been revised. In this
publication the areas of concern have been eliminated.
A second comment objected to the requirement that state and local
officials given access to the training records under the routine uses
section sign an agreement to protect the confidentiality of the
personal information contained in the training records. It stated that
the Department of Energy has no authority to condition the release of
records contained in a Department of Energy system of records and that
state law prohibits inspectors from signing an agreement to protect the
confidentiality of information contained in the records.
In response to that comment, DOE eliminated the requirement that an
agreement be signed and instead reiterated that state and local
officials are subject to the same provisions DOE officers and employees
are subject to under the Privacy Act. The objective is to ensure that
personal privacy information is protected while allowing officials
access to information needed to perform other regulatory functions.
In response to the comment that the provision would violate state
law, the Department is unable to determine how a violation of state law
will occur. The comment states that once the State has acquired copies
of the records then those records become public records under the state
public records law. According to the comment, state open records laws
require the release of public records unless a federal statute exempts
or prohibits disclosure of the records. With certain exceptions, the
Privacy Act is a federal statute which prohibits disclosure of personal
records and/or information maintained in a system of records.
The text of the system notice is set forth below.
Issued in Washington, DC on April 6, 1994.
Archer L. Durham,
Assistant Secretary for Human Resources and Administration.
DOE-28
General Training Records.
Unclassified.
The locations listed as items 1 through 21 in Appendix A, as well
as the following locations:
U.S. Department of Energy, Allied Bendix Corporation, Kansas City
Division, P.O. Box 1159, Kansas City, MO 64141.
U.S. Department of Energy, Bettis Atomic Power Laboratory, P.O. Box 79,
West Mifflin, PA 15122-0079.
U.S. Department of Energy, Dayton Area Office, P.O. Box 66, Miamisburg,
OH 45342.
U.S. Department of Energy, Kansas City Area Office, Box 410202, Kansas
City, MO 64141.
U.S. Department of Energy, Knolls Atomic Power Laboratory, P.O. Box
1072, Schenectady, NY 12301.
U.S. Department of Energy, Los Alamos Area Office, 528 35th Street, Los
Alamos, NM 87544.
U.S. Department of Energy, Naval Petroleum Reserves, P.O. Box 1,
Tupman, CA 93276.
U.S. Department of Energy, Westinghouse Electric Corporation, Bettis
Atomic Power Laboratory, Naval Reactors Facility, P.O. Box 2068, Idaho
Falls, ID 83403-2068.
U.S. Department of Energy, West Valley Demonstration Project, P.O. Box
919, West Valley, New York 14171.
U.S. Department of Energy, Strategic Petroleum Reserve, 900 Commerce
Road East, New Orleans, LA 70123.
U.S. Department of Energy, Yucca Mountain Project Office, 2753 South
Highland Avenue, Las Vegas, NV 89109.
U.S. Department of Energy, Office of Civilian and Radioactive Waste
Management, 1000 Independence Avenue, SW., Washington, DC 20585.
All individuals who have requested and/or participated in training
programs administered by DOE, other agencies, or other training
organizations.
Name, resume, assigned number, occupational series, training
requests and authorizations, grade, organization, date of birth, social
security number, home address and telephone number and special interest
area, education completed, course name, justification for attending the
course, direct and indirect costs of training, coded information
dealing with purpose, type, source of 170; training evaluations, course
evaluation forms, training examinations, training attendance records,
lesson plans, training assignment sheet, reading assignment sheets,
position qualification statement, self study sheet, verification
records of employment and education, position descriptions, accounting
records and central personnel data file quarterly training report.
5 U.S.C. 301, Department of Energy Organization Act, including
authorities incorporated by reference in Title III of the Department of
Energy Organization Act; Executive Order 12009; Nuclear Waste Policy
Act of 1982 (Pub. L. 97-425); Nuclear Waste Policy Amendment Act of
1987 (Pub. L. 100-203); Government Employees Training Act of 1958;
Federal Personnel Manual Bulletin 290-15; Federal Personnel Manual,
Chapter 410 and Appendix A thereto.
This system of records is maintained to ensure that employees are
receiving appropriate training and certification to perform
successfully in their position. Appropriate local, state and federal
agencies use certain records maintained in this system to ensure
Departmental compliance with other regulatory requirements.
The information in these records may be transmitted to Federal
agencies, including the Office of Personnel Management, for purposes of
determining eligibility for training and as source documents for
training reports; to training institutions that personnel have
requested to attend; and to other Federal agencies as necessary for
payment of training.
Records may be provided to state and local governments, the Nuclear
Regulatory Commission (NRC), and other Federal agencies that conduct
audits to determine whether DOE and contractor personnel satisfy
quality assurance requirements for activities necessary to obtain a
license from the NRC for the construction, operation and closing of a
nuclear waste repository and/or a Monitored Retrievable Storage (MRS)
facility. These activities will also include research and development,
site characterization, transportation, waste packaging, handling,
design, maintenance, performance confirmation, inspection, fabrication,
and development and production of repository waste forms.
A record from this system of records may be disclosed to
researchers for the purpose of conducting an epidemiologic study of
workers at a DOE facility if their proposed studies have been reviewed
by the National Academy of Sciences or another independent
organization, and deemed appropriate for such access. A researcher and
all persons not employed by the U.S. Government, unless specifically
mentioned, granted access to this record shall be required to sign an
agreement to protect the confidentiality of the data and be subject to
the same restrictions applicable to DOE officers and employees under
the Privacy Act.
A record from this system of records may be disclosed to federal,
state or local government officials where the regulatory program being
implemented is applicable to the DOE or contractor program and requires
that such access be provided for the conduct of the regulatory
agencies' activities. State and local officials who obtain access to
this record shall be subject to the same restrictions applicable to DOE
officers and employees under the Privacy Act.
A record from this system of records may be disclosed to members of
a DOE advisory committee for purposes of conducting a review of the DOE
epidemiological program. Members of a DOE advisory committee who obtain
access to the records shall be subject to the same restrictions
applicable to DOE officers and employees under the Privacy Act.
Paper records; machine readable media or microform.
By name and social security number.
Records are maintained in secured file cabinets with access limited
to those whose official duties require access. Access to computer
maintained records is by password only.
Training requests and authorizations are retained for 3 years and
then destroyed. Other training records are maintained at a facility
pursuant to the appropriate provisions of an applicable statute or are
incorporated in the individual's personnel folder. Records are
destroyed by magnetic erasure, shredding, burning or burial in a
sanitary landfill or incinerator as appropriate.
Headquarters: U.S. Department of Energy, Director, Professional and
Technical Training Development, HR-33, 1000 Independence Avenue, SW.,
Washington, DC 20585.
Field Offices: The managers, directors, or administrators of field
locations 2 through 21 in Appendix A and those identified in this
System of Records, are the system managers for their respective
portions of this system.
a. Requests by an individual to determine if a system of records
contains information about him/her should be directed to the Director,
Freedom of Information and Privacy Acts, Department of Energy
(Headquarters), or the Privacy Act Officer at the appropriate address
identified as items 1 through 21 in Appendix A; in accordance with
DOE's Privacy Act regulations (10 CFR part 1008 (45 FR 61576, September
16, 1980)).
b. Required identifying information: Complete name, the geographic
location(s) and organization(s) where requester believes such record
may be located, date of birth, and time period.
Same as Notification Procedures above.
Same as Notification Procedures above.
The subject individuals and the individual's supervisors.
None.
[FR Doc. 94-8593 Filed 4-8-94; 8:45 am]
BILLING CODE 6450-01-P
