[Federal Register Volume 61, Number 90 (Wednesday, May 8, 1996)]
[Notices]
[Pages 20865-20867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11429]
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NUCLEAR REGULATORY COMMISSION
Privacy Act of 1974, as Amended; Establishment of a New System of
Records
AGENCY: Nuclear Regulatory Commission.
ACTION: Establishment of a new system of records.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to
establish a new Privacy Act System of Records, NRC-41, ``Tort Claims
and Personal Property Claims,'' to maintain records needed to evaluate,
settle, refer, pay, and/or adjudicate claims filed by individuals
against the NRC.
EFFECTIVE DATES: The new system of records will become effective
without further notice on June 17, 1996, unless comments received on or
before that date cause a contrary decision. If changes are made based
on NRC's review of comments received, NRC will publish a new final
notice.
ADDRESSES: Send comments to the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Docketing and Services Branch. Hand deliver comments to 11555 Rockville
Pike, Rockville, Maryland, between 7:45 am and 4:15 pm Federal
workdays. Copies of comments received may be examined, or copied for a
fee, at the NRC Public Document Room at 2120 L Street, NW., Lower
Level, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Jona L. Souder, Freedom of
Information/Local Public Document Room Branch, Division of Freedom of
Information and
[[Page 20866]]
Publications Services, Office of Administration, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-
7170 or 800-638-8081.
SUPPLEMENTARY INFORMATION: NRC is proposing to establish a new System
of Records, NRC-41, ``Tort Claims and Personal Property Claims--NRC,''
that will be used to evaluate, settle, refer, pay, and/or adjudicate
claims filed by individuals against the NRC.
The system of records (system) will contain information concerning
claims by individuals who seek reimbursement from NRC for loss of or
damage to personal property, personal injury, or death. It will also
include information concerning individuals who have matters pending
before the NRC that may result in a claim being filed. Specific
information to be maintained in the system includes, but is not limited
to, the individual's name, home address and phone number, work address
and phone number, police reports, medical records, insurance
information, and any other information necessary for the evaluation of
claims or pre-claims.
A report on the proposed new system of records, required by 5
U.S.C. 552a(r) and Appendix I to Office of Management and Budget (OMB)
Circular No. A-130, ``Federal Agency Responsibilities for Maintaining
Records About Individuals,'' is being sent to OMB, the Committee on
Governmental Affairs, U.S. Senate, and the Committee on Government
Reform and Oversight, U.S. House of Representatives.
Accordingly, the NRC proposes to add NRC-41 to read as follows:
NRC-41
System Name:
Tort Claims and Personal Property Claims--NRC.
System Location:
Primary system--Office of the General Counsel, NRC, 11555 Rockville
Pike, Rockville, Maryland.
Duplicate systems--Duplicate systems exist, in whole or in part, in
the Office of the Controller (OC), NRC, 11545 Rockville Pike,
Rockville, Maryland, and at the locations listed in Addendum I, Parts 1
and 2. Other NRC systems of records, including but not limited to, NRC-
18, ``Office of the Inspector General Investigative Records--NRC,'' and
NRC-32, ``OC Financial Transactions and Debt Collection Management
Records--NRC,'' may contain some of the information in this system of
records.
Categories of Individuals Covered by the System:
Individuals who have filed claims with NRC under the Federal Tort
Claims Act or the Military Personnel and Civilian Employees' Claims Act
and individuals who have matters pending before the NRC that may result
in a claim being filed.
Categories of Records in the System:
This system contains information relating to loss or damage to
property and/or personal injury or death in which the U.S. Government
may be liable. This information includes, but is not limited to, the
individual's name, home address and phone number, work address and
phone number, claim forms and supporting documentation, police reports,
witness statements, medical records, insurance information,
investigative reports, repair/replacement receipts and estimates,
litigation documents, court decisions, and other information necessary
for the evaluation and settlement of claims and pre-claims.
Authority for Maintenance of the System:
Federal Tort Claims Act, 28 U.S.C. 2671 et seq.; The Military
Personnel and Civilian Employees' Claims Act of 1964, as amended, 31
U.S.C. 3721.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
In addition to the disclosures permitted under subsection (b) of
the Privacy Act, NRC may disclose information contained in a record in
this system of records without the consent of the subject individual if
the disclosure is compatible with the purpose for which the record was
collected under the following routine uses:
a. To third parties, including claimants' attorneys, insurance
companies, witnesses, potential witnesses, local police authorities
where an accident occurs, and others who may have knowledge of the
matter to the extent necessary to obtain information that will be used
to evaluate, settle, refer, pay, and/or adjudicate claims.
b. To the Department of Justice (DOJ) when the matter comes within
their jurisdiction, such as to coordinate litigation or when NRC's
authority is limited and DOJ advice or approval is required before NRC
can award, adjust, compromise, or settle certain claims.
c. To the appropriate Federal agency or agencies when a claim has
been incorrectly filed with NRC or when more than one agency is
involved and NRC makes agreements with the other agencies as to which
one will investigate the claim.
d. The Department of the Treasury to request payment of an award,
compromise, or settlement of a claim.
e. Information contained in litigation records is public to the
extent that the documents have been filed in a court or public
administrative proceeding, unless the court or other adjudicative body
has ordered otherwise. Such public information, including information
concerning the nature, status, and disposition of the proceeding, may
be disclosed to any person, unless it is determined that release of
specific information in the context of a particular case would
constitute an unwarranted invasion of personal privacy.
f. To the National Archives and Records Administration or to the
General Services Administration for records management inspections
conducted under 44 U.S.C. 2904 and 2906.
g. For any of the routine uses specified in the Prefatory Statement
of General Routine Uses.
Disclosure to consumer reporting agencies:
Disclosure Pursuant to 5 U.S.C. 552a(b)(12)
Disclosure of information to a consumer reporting agency is not
considered a routine use of records. Disclosures may be made from this
system of records to ``consumer reporting agencies'' as defined in the
Fair Credit Reporting Act (15 U.S.C. 1681(a)(f)) or the Federal Claims
Collection Act of 1966, as amended (31 U.S.C. 3701(a)(3)).
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information in this system of records is stored on paper, in log
books, and on computer media.
Retrievability:
Information in this system of records is indexed and accessed by
the claimant's name and/or claim number.
Safeguards:
The paper records and log books are stored in locked file cabinets
or locked file rooms, and access is restricted to those agency
personnel whose official duties and responsibilities require access.
Automated records are protected by password.
Retention and disposal:
a. Tort claims and employee claims are destroyed six years and
three months after payment or disallowance
[[Page 20867]]
in accordance with General Records Schedule (GRS) 6-10.a.
b. Claims affected by a court order or subject to litigation are
destroyed after the related action is concluded, or when six years and
three months old, whichever is later, in accordance with GRS 10-6.c.
c. Log books are destroyed or deleted when no longer needed in
accordance with GRS 23-8.
d. Copies of memoranda contained on electronic media are deleted
when no longer needed for updating or revision in accordance with GRS
20-13.
e. Copies of tort claims and personal property claims that become
part of NRC's Litigation Case Files are retained by the Government
permanently in accordance with NRC Schedule (NRCS) 2-13.4.
System manager(s) and address:
Deputy Assistant General Counsel for Administration, Office of the
General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001.
Notification procedure:
Individuals seeking to determine whether this system of records
contains information pertaining to themselves should write to the
Director, Division of Freedom of Information and Publications Services,
Office of Administration, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001.
Record access procedures:
Same as ``Notification Procedure.''
Contesting record procedures:
Same as ``Notification Procedure.''
Record source categories:
Information is obtained from a number of sources, including but not
limited to, claimants, NRC employees involved in the incident,
witnesses or others having knowledge of the matter, police reports,
medical reports, investigative reports, insurance companies, and
attorneys.
Dated at Rockville, MD, this 29th day of April, 1996.
For the Nuclear Regulatory Commission.
James M. Taylor,
Executive Director for Operations.
[FR Doc. 96-11429 Filed 5-7-96; 8:45 am]
BILLING CODE 7590-01-P
