Privacy Act; Maintenance of and Access to Records Pertaining to Individuals; Amendment

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]

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