[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Proposed Rules]
[Pages 29522-29523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14612]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 10
[Docket No. OST-96-1437; Notice 96-19]
RIN 2105-AC57
Privacy Act; Maintenance of and Access to Records Pertaining to
Individuals; Amendment
AGENCY: Department of Transportation (DOT), Office of the Secretary.
ACTION: Notice of Proposed Rulemaking.
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SUMMARY: DOT proposes to amend 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. Public comment is invited.
DATES: Comments are due August 12, 1996.
ADDRESSES: Comments should be addressed to Documentary Services
Division, Attention: Docket Section, Room PL401, Docket No. OST-96-
1437, Department of Transportation, C-55, Washington, DC 20590. Any
person wishing acknowledgment that his/her comments have been received
should include a self-addressed stamped postcard. Comments received
will be available for public inspection and copying in the Documentary
Services Division, Room PL401, Department of Transportation Building,
400 Seventh Street, SW, Washington, DC, from 10 AM to 5 PM ET Monday
through Friday except Federal holidays.
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 have
reviewed part 10 and are proposing 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 have also been
made.
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. Moreover, I certify
that this proposal will not have a significant economic impact on a
substantial number of small entities.
This proposal 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 proposal does not contain any collection of
information requirements, requiring review under the Paperwork
Reduction Act of 1980.
List of Subjects in 49 CFR Part 10
Privacy.
In accordance with the above, DOT proposes to amend 49 CFR part 10
as follows:
PART 10--[AMENDED]
1. The authority citation would continue to be as follows:
Authority: 5 U.S.C. 552a; 49 U.S.C. 322.
Sec. 10.1 [Amended]
2. In Sec. 10.1, paragraphs (b), (c), and (d) would be removed and
the paragraph designation (a) would be removed.
3. In Sec. 10.5, within the definition of Department, paragraph (f)
would be revised, and a new paragraph (i) would be added to read as
follows
Sec. 10.5 Definitions.
Unless the context requires otherwise, the following definitions
apply in this part:
* * * * *
Department * * *
* * * * *
(f) Federal Transit Administration.
* * * * *
(i) Bureau of Transportation Statistics.
* * * * *
4. In Sec. 10.31, paragraph (a) would be 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 ``Notice of Records Systems''
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. See Sec. 10.13(b)
regarding inquiries concerning Privacy Act matters or requests for
assistance.
* * * * *
5. In Sec. 10.35, paragraph (a)(12) would be 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).
* * * * *
6. In Sec. 10.37, the last sentence would be 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.
7. Section 10.39 would be revised to read as follows:
[[Page 29523]]
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.
8. Section 10.41 would be revised to read as follows:
Sec. 110.41 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.
9. In Sec. 10.51, paragraphs (c) and (h) would be 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.
Appendix A [Redesignated as Appendix]
10. Appendix A would be redesignated as ``Appendix''.
Appendices B-J [Removed]
11. Appendices B through J would be removed.
Issued in Washington, DC, on May 31, 1996.
Federico Pena,
Secretary of Transportation.
[FR Doc. 96-14612 Filed 6-10-96; 8:45 am]
BILLING CODE 4910-62-P
