Revision of Specific Exemptions Under the Privacy Act

Proposed Rules

Federal Register

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Proposed Rules

NUCLEAR REGULATORY COMMISSION

10 CFR Part 9

RIN 3150-AD83

Revision of Specific Exemptions Under the Privacy Act

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend

its regulations implementing the Privacy Act of 1974, as amended

(Privacy Act), to reflect the addition of exemptions in subsections

(j)(2) and (k)(5) to an existing system of records and to update the

list of exemptions that apply to specific NRC systems of records.

DATES: Submit comments by September 5, 1995. Comments received after

this date will be considered if it is practical to do so, but the NRC

is able to assure consideration only for comments received on or before

this date.

ADDRESSES: Send comments to: Secretary, 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.

Examine comments received at: The NRC Public Document Room, 2120 L

Street NW. (Lower Level), Washington, DC.

FOR FURTHER INFORMATION CONTACT: Jona L. Souder, Privacy Act Program

Manager, Freedom of Information/Local Public Document Room Branch,

Division of Freedom of Information and Publications Services, Office of

Administration, U.S. Nuclear Regulatory Commission, Washington, DC

20555-0001, Telephone: 301-415-7170.

at: The NRC Public Document Room, 2120 L

Street NW. (Lower Level), Washington, DC.

FOR FURTHER INFORMATION CONTACT: Jona L. Souder, Privacy Act Program

Manager, Freedom of Information/Local Public Document Room Branch,

Division of Freedom of Information and Publications Services, Office of

Administration, U.S. Nuclear Regulatory Commission, Washington, DC

20555-0001, Telephone: 301-415-7170.

SUPPLEMENTARY INFORMATION: The proposed amendments to 10 CFR Part 9

would add exemptions authorized by subsections (j)(2) and (k)(5) of the

Privacy Act to those that are currently in place for NRC-18, Office of

the Inspector General (OIG) Investigative Records--NRC, under

subsections (k)(1), (k)(2), and (k)(6). Under subsection (j)(2), the

head of an agency may by rule exempt any system of records within the

agency from certain provisions of the Privacy Act if the system of

records is maintained by an agency or component thereof that performs

as one of its principal functions any activity pertaining to the

enforcement of criminal laws and that consists of:

(1) Information compiled for the purpose of identifying individual

criminal offenders and alleged offenders and consisting only of

identifying data and notations of arrests, the nature and disposition

of criminal charges, sentencing, confinement, release, and parole and

probation status;

(2) Information compiled for the purpose of a criminal

investigation, including reports of informants and investigators, and

associated with an identifiable individual; or

criminal offenders and alleged offenders and consisting only of

identifying data and notations of arrests, the nature and disposition

of criminal charges, sentencing, confinement, release, and parole and

probation status;

(2) Information compiled for the purpose of a criminal

investigation, including reports of informants and investigators, and

associated with an identifiable individual; or

(3) Reports identifiable to an individual compiled at any stage of

the process of enforcement of the criminal laws from arrest or

indictment through release from supervision.

NRC-18 contains information of the type described above and is

maintained by the Office of the Inspector General (OIG), a component of

NRC which performs as one of its principal functions investigations

into violations of criminal law in connection with NRC's programs and

operations in accordance with the Inspector General Act of 1978, as

amended. Therefore, pursuant to subsection (j)(2), NRC proposes to

exempt information maintained in this system of records from all

provisions of the Privacy Act except subsections (b), (c) (1) and (2),

(e)(4) (A) through (F), (e)(6), (e)(7), (e)(9), (e)(10), (e)(11), and

(i).

The disclosure of information contained in NRC-18, including the

names of persons or agencies to whom the information has been

transmitted, would substantially compromise the effectiveness of OIG

investigations. Knowledge of these investigations could enable suspects

to prevent detection of criminal activities, conceal or destroy

evidence, or escape prosecution. Disclosure of this information could

lead to the intimidation of, or harm to, informants and witnesses, and

their families, and could jeopardize the safety and well-being of

investigative and related personnel, and their families

estigations. Knowledge of these investigations could enable suspects

to prevent detection of criminal activities, conceal or destroy

evidence, or escape prosecution. Disclosure of this information could

lead to the intimidation of, or harm to, informants and witnesses, and

their families, and could jeopardize the safety and well-being of

investigative and related personnel, and their families. The imposition

of certain restrictions on the way investigative information is

collected, verified, or retained would significantly impede the

effectiveness of OIG investigatory activities and could preclude the

apprehension and successful prosecution of persons engaged in fraud or

criminal activity. The exemption is needed to maintain the integrity

and confidentiality of criminal investigations, to protect individuals

from harm, and for the following specific reasons:

(1) 5 U.S.C. 552a(c)(3) requires an agency to make the accounting

of each disclosure of records available to the individual named in the

record at the individual's request. These accountings must state the

date, nature, and purpose of each disclosure of a record and the name

and address of the recipient. Accounting for each disclosure would

alert the subjects of an investigation to the existence of the

investigation and that they are subjects of the investigation. The

release of this information to the subjects of an investigation would

provide them with significant information concerning the nature of the

investigation and could seriously impede or compromise the

investigation, endanger the physical safety of confidential sources,

witnesses, law enforcement personnel, and their families, and lead to

the improper influencing of witnesses, the destruction of evidence, or

the fabrication of testimony.

f an investigation would

provide them with significant information concerning the nature of the

investigation and could seriously impede or compromise the

investigation, endanger the physical safety of confidential sources,

witnesses, law enforcement personnel, and their families, and lead to

the improper influencing of witnesses, the destruction of evidence, or

the fabrication of testimony.

(2) 5 U.S.C. 552a(c)(4) requires an agency to inform outside

parties of correction of and notation of disputes about information in

a system in accordance with subsection (d) of the Privacy Act. Because

this system of records is being exempted from subsection (d) concerning

access to records, this section is inapplicable to the extent that the

system of records will be exempted from subsection (d) of the Privacy

Act.

(3) 5 U.S.C. 552a (d) and (f) require an agency to provide access

to records, make corrections and amendments to records, and notify

individuals of the existence of records upon their request. Providing

individuals with access to records of an investigation, the right to

contest the contents of those records, and the opportunity to force

changes to be made to the information in these

records would seriously interfere with and thwart the orderly and

unbiased conduct of the investigation and impede case preparation.

Permitting the access normally afforded under the Privacy Act would

provide the subject with valuable information that would allow

interference with or compromise of witnesses or render witnesses

reluctant to cooperate with investigators; lead to suppression,

alteration, fabrication, or destruction of evidence; endanger the

physical safety of confidential sources, witnesses, law enforcement

personnel, and their families; and result in the secreting of or other

disposition of assets that would make them difficult or impossible to

reach to satisfy any Government claims growing out of the

investigation.

erate with investigators; lead to suppression,

alteration, fabrication, or destruction of evidence; endanger the

physical safety of confidential sources, witnesses, law enforcement

personnel, and their families; and result in the secreting of or other

disposition of assets that would make them difficult or impossible to

reach to satisfy any Government claims growing out of the

investigation.

(4) 5 U.S.C. 552a(e)(1) requires an agency to maintain in agency

records only ``relevant and necessary'' information about an

individual. This provision is inappropriate for investigations because

it is not always possible to detect the relevance or necessity of each

piece of information in the early stages of an investigation. In some

cases, it is only after the information is evaluated in light of other

evidence that its relevance and necessity will be clear. In other

cases, what may appear to be a relevant and necessary piece of

information may become irrelevant in light of further investigation.

In addition, during the course of an investigation, the

investigator may obtain information that relates primarily to matters

under the investigative jurisdiction of another agency, and that

information may not be reasonably segregated. In the interest of

effective law enforcement, OIG investigators should retain this

information because it can aid in establishing patterns of criminal

activity and can provide valuable leads for Federal and other law

enforcement agencies.

nformation that relates primarily to matters

under the investigative jurisdiction of another agency, and that

information may not be reasonably segregated. In the interest of

effective law enforcement, OIG investigators should retain this

information because it can aid in establishing patterns of criminal

activity and can provide valuable leads for Federal and other law

enforcement agencies.

(5) 5 U.S.C. 552a(e)(2) requires an agency to collect information

to the greatest extent practicable directly from the subject

individual, when the information may result in adverse determinations

about an individual's rights, benefits, and privileges under Federal

programs. The general rule that information be collected ``to the

greatest extent practicable'' from the target individual is not

appropriate in investigations. OIG investigators should be authorized

to use their professional judgment as to the appropriate sources and

timing of an investigation. It is often necessary to conduct an

investigation so the target does not suspect that he or she is being

investigated. The requirement to obtain the information from the

targeted individual may put the suspect on notice of the investigation

and thwart the investigation by enabling the suspect to destroy

evidence and take other action that would impede the investigation.

This requirement may also prevent an OIG investigator from gathering

information and evidence before interviewing an investigative target in

order to maximize the value of the interview by confronting the target

with the evidence or information. In certain circumstances, the subject

of an investigation cannot be required to provide information to

investigators and information must be collected from other sources. It

is often necessary to collect information from sources other than the

subject of the investigation to verify the accuracy of the evidence

collected.

In addition, the statutory term ``to the greatest extent

practicable'' is a subjective standard

the subject

of an investigation cannot be required to provide information to

investigators and information must be collected from other sources. It

is often necessary to collect information from sources other than the

subject of the investigation to verify the accuracy of the evidence

collected.

In addition, the statutory term ``to the greatest extent

practicable'' is a subjective standard. It is impossible to define the

term adequately so that individual OIG investigators can consistently

apply it to the many fact patterns present in OIG investigations.

(6) 5 U.S.C. 552a(e)(3) requires an agency to inform each person

whom it asks to supply information on a form that can be retained by

the person of the authority under which the information is sought and

whether disclosure is mandatory or voluntary, of the principal purposes

for which the information is intended to be used, of the routine uses

that may be made of the information, and of the effects on the person,

if any, of not providing all or some part of the requested information.

The application of this provision could provide the subject of an

investigation with substantial information about the nature of that

investigation that could interfere with the investigation. Moreover,

providing such a notice to the subject of an investigation could

seriously impede or compromise an undercover investigation by revealing

its existence and could endanger the physical safety of confidential

sources, witnesses, investigators, and their families, by revealing

their identities.

ormation about the nature of that

investigation that could interfere with the investigation. Moreover,

providing such a notice to the subject of an investigation could

seriously impede or compromise an undercover investigation by revealing

its existence and could endanger the physical safety of confidential

sources, witnesses, investigators, and their families, by revealing

their identities.

(7) 5 U.S.C. 552a(e)(4) (G) and (H) require an agency to publish a

Federal Register notice concerning its procedures for notifying an

individual at his or her request, if the system of records contains a

record pertaining to him or her, how to gain access to such a record,

and how to contest its content. Because this system of records is being

exempted from subsections (d) and (f) of the Privacy Act concerning

access to records and agency rules, respectively, these requirements

are inapplicable to the extent that the system of records will be

exempted from these requirements. However, OIG has published some

information concerning its notification, access, and contest

procedures. Under certain circumstances, OIG could decide it is

appropriate for an individual to have access to all or a portion of his

or her records in the system.

(8) 5 U.S.C. 552a(e)(4)(I) requires an agency to publish notice of

the categories of sources of records in the system of records. To the

extent that this provision is construed to require more detailed

disclosure than the broad, generic information currently published in

the system notice, an exemption from this provision is necessary to

protect the confidentiality of sources of information, to protect

privacy and physical safety of witnesses and informants, and to avoid

the disclosure of investigative techniques and procedures. OIG will

continue to publish such a notice in broad generic terms as is its

current practice.

ic information currently published in

the system notice, an exemption from this provision is necessary to

protect the confidentiality of sources of information, to protect

privacy and physical safety of witnesses and informants, and to avoid

the disclosure of investigative techniques and procedures. OIG will

continue to publish such a notice in broad generic terms as is its

current practice.

(9) 5 U.S.C. 552a(e)(5) requires an agency to maintain its records

with such accuracy, relevance, timeliness, and completeness as is

reasonably necessary to ensure fairness to the individual in making any

determination about the individual. Much the same rationale is

applicable to this proposed exemption as that set out previously in

item (4) (duty to maintain in agency records only ``relevant and

necessary'' information about an individual). Although the OIG makes

every effort to maintain records that are accurate, relevant, timely,

and complete, it is not always possible in an investigation to

determine with certainty that all of the information collected is

accurate, relevant, timely, and complete. During a thorough

investigation, a trained investigator would be expected to collect

allegations, conflicting information, and information that may not be

based upon the personal knowledge of the provider. When OIG decides to

refer the matter to a prosecutive agency, for example, that information

would be in the system of records and it may not be possible until

further investigation is conducted, or indeed in many cases until after

a trial (if at all), to determine the accuracy, relevance, and

completeness of some information. This requirement would inhibit the

ability of trained investigators to exercise professional judgment in

conducting a thorough investigation. Moreover, fairness to affected

individuals is ensured by the due process they are accorded in any

trial or other proceeding resulting from the OIG investigation.

al (if at all), to determine the accuracy, relevance, and

completeness of some information. This requirement would inhibit the

ability of trained investigators to exercise professional judgment in

conducting a thorough investigation. Moreover, fairness to affected

individuals is ensured by the due process they are accorded in any

trial or other proceeding resulting from the OIG investigation.

(10) 5 U.S.C. 552a(g) provides for civil remedies if any agency

fails to comply with the requirements concerning

access to records under subsections (d)(1) and (3) of the Privacy Act,

maintenance of records under subsection (e)(5) of the Privacy Act, and

any other provision of the Privacy Act, or any rule promulgated

thereunder, in such a way as to have an adverse effect on an

individual. Allowing civil lawsuits for alleged Privacy Act violations

by OIG investigators would compromise OIG investigations by subjecting

the sensitive and confidential information in the OIG system of records

to the possibility of inappropriate disclosure under the liberal civil

discovery rules. That discovery may reveal confidential sources, the

identity of informants, and investigative procedures and techniques, to

the detriment of the particular criminal investigation as well as other

investigations conducted by OIG.

The pendency of such a suit would have a chilling effect on

investigations, given the possibility of discovery of the contents of

the investigative case file. A Privacy Act lawsuit could become a

strategic weapon used to impede OIG investigations. Because the system

would be exempt from many of the Privacy Act's requirements, it is

unnecessary and contradictory to provide for civil remedies from

violations of those specific provisions

lling effect on

investigations, given the possibility of discovery of the contents of

the investigative case file. A Privacy Act lawsuit could become a

strategic weapon used to impede OIG investigations. Because the system

would be exempt from many of the Privacy Act's requirements, it is

unnecessary and contradictory to provide for civil remedies from

violations of those specific provisions.

Under subsection (k)(5) of the Privacy Act, the head of an agency

may by rule exempt any system of records within the agency from certain

provisions of the Privacy Act if the system of records contains

investigatory material compiled solely for the purpose of determining

suitability, eligibility, or qualifications for Federal civilian

employment, military service, Federal contracts, or access to

classified information. However, these records would be exempt only to

the extent that the disclosure of this material would reveal the

identity of a source who furnished information to the Government under

an express promise that the identity of the source would be held in

confidence, or, prior to the effective date of this section, under an

implied promise that the identity of the source would be held in

confidence.

NRC-18 contains information of the type described above. Therefore,

in accordance with subsection (k)(5), NRC proposes to exempt

information maintained in this system of records from subsections

se that the identity of the source would be held in

confidence, or, prior to the effective date of this section, under an

implied promise that the identity of the source would be held in

confidence.

NRC-18 contains information of the type described above. Therefore,

in accordance with subsection (k)(5), NRC proposes to exempt

information maintained in this system of records from subsections

(c)(3), (d), (e)(1), (e)(4) (G), (H), and (I), and (f) of the Privacy

Act to honor promises of confidentiality should the data subject

request access to or amendment of the records, or access to the

accounting of disclosure of the records for the following reasons:

(1) 5 U.S.C. 552a(c)(3) requires an agency to grant access to the

accounting of disclosures including the date, nature, and purpose of

each disclosure, and the identity of the recipient. The release of this

information to the record subject could alert them to the existence of

the investigation or prosecutive interest by NRC or other agencies.

This could seriously compromise case preparation by prematurely

revealing the existence and nature of the investigation; compromise or

interfere with witnesses, or make witnesses reluctant to cooperate; and

could lead to suppression, alteration, or destruction of evidence.

(2) 5 U.S.C. 552a(d) and (f) require an agency to provide access to

records, make corrections and amendments to records, and notify

individuals of the existence of records upon their request. Providing

individuals with access to records of an investigation, the right to

contest the contents of those records, and the opportunity to force

changes to be made to the information in the records would seriously

interfere with and thwart the orderly and unbiased conduct of the

investigation and impede case preparation

and notify

individuals of the existence of records upon their request. Providing

individuals with access to records of an investigation, the right to

contest the contents of those records, and the opportunity to force

changes to be made to the information in the records would seriously

interfere with and thwart the orderly and unbiased conduct of the

investigation and impede case preparation. Providing access rights

normally afforded under the Privacy Act would provide the subject with

valuable information that would allow interference with or compromise

of witnesses or render witnesses reluctant to cooperate; lead to

suppression, alteration, or destruction of evidence; and result in the

secreting of or other disposition of assets that would make them

difficult or impossible to reach in order to satisfy any Government

claims growing out of the investigation or proceeding.

(3) 5 U.S.C. 552a(e)(1) requires agencies to maintain only

``relevant and necessary'' information about an individual in agency

records. This provision is inappropriate for investigations because it

is not always possible to detect the relevance or necessity of each

piece of information in the early stages of an investigation. In some

cases, it is only after the information is evaluated in light of other

evidence that its relevance and necessity will be clear.

(4) Because this system of records is being exempted from the

underlying duties to provide notification about and access to

information in the system and to make amendments to and corrections of

the information under subsections (d) and (f) of the Privacy Act, the

Federal Register notice requirements of 5 U.S.C. 552a(e)(4) (G) and (H)

are inapplicable.

relevance and necessity will be clear.

(4) Because this system of records is being exempted from the

underlying duties to provide notification about and access to

information in the system and to make amendments to and corrections of

the information under subsections (d) and (f) of the Privacy Act, the

Federal Register notice requirements of 5 U.S.C. 552a(e)(4) (G) and (H)

are inapplicable.

(5) 5 U.S.C. 552a(e)(4)(I) requires an agency to publish notice of

the categories of sources of records in the system of records. To the

extent that this provision is construed to require more detailed

disclosure than the broad, generic information currently published in

the system notice, an exemption from this provision is necessary to

protect the confidentiality of sources of information and to protect

the privacy and physical safety of witnesses and informants. However,

the OIG will continue to publish such a notice in broad generic terms

as is its current practice.

In addition, 10 CFR 9.95 is being amended to update the list of

exemptions that apply to specific systems of records. The list, as

amended, will include NRC-23, Office of Investigations Indices, Files,

and Associated Records--NRC, and NRC-35, Drug Testing Program Records--

NRC, for which corresponding Part 9 amendments were not previously

prepared when each new system was established. NRC-40 has been deleted

from this list because a review of the system revealed that the

subsections (k)(5) and (k)(6) exemptions of the Privacy Act were no

longer needed. This amendment will eliminate any confusion regarding

the specific exemption(s) applicable to each system of records.

Environmental Impact--Categorical Exclusion

The NRC has determined that this proposed rule is the type of

action described in categorical exclusion 10 CFR 51.22(c)(1).

Therefore, neither an environmental impact statement nor an

environmental assessment has been prepared for this proposed rule.

Paperwork Reduction Act Statement

the specific exemption(s) applicable to each system of records.

Environmental Impact--Categorical Exclusion

The NRC has determined that this proposed rule is the type of

action described in categorical exclusion 10 CFR 51.22(c)(1).

Therefore, neither an environmental impact statement nor an

environmental assessment has been prepared for this proposed rule.

Paperwork Reduction Act Statement

This proposed rule does not contain a new or amended information

collection requirement subject to the Paperwork Reduction Act of 1980

(44 U.S.C. 3501 et seq.). Existing requirements were approved by the

Office of Management and Budget, approval number 3150-0043.

Regulatory Analysis

This proposed rule would add exemption (j)(2) of the Privacy Act to

the NRC regulations that describe the exempt systems of records. This

is an administrative regulatory action that would make NRC's

regulations consistent with the regulations applicable to the majority

of the statutorily appointed Inspectors General. The proposed rule

would also clearly link each system of records to the specific

exemption(s) of the Privacy Act under which the system is exempt. As

such, the proposed rule would not have an economic impact on any class

of licensee or the NRC. By more clearly indicating the exemptions under

which a system is exempt and by conforming NRC's regulations to those

of the majority of statutorily appointed Inspectors General, the

proposed rule may provide some benefit to those who may be required to

use these regulations.

The alternative to the proposed rule would be to refrain from

adopting the identified exemptions. As discussed in this notice,

however, failure to adopt the proposed rule could have detrimental

effects on the OIG's investigative program and its ability to obtain

and protect information.

This constitutes the regulatory analysis for this proposed rule.

Regulatory Flexibility Certification

nts to 10 CFR part 9.

PART 9--PUBLIC RECORDS

1. The authority citation for part 9 continues to read as follows:

Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201);

sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).

Subpart A also issued under 5 U.S.C. 552; 31 U.S.C. 9701; Pub.

L. 99-570.

Subpart B also issued under 5 U.S.C. 552a.

Subpart C also issued under 5 U.S.C. 552b.

2. In Sec. 9.52, paragraph (b)(4) is revised to read as follows:

Sec. 9.52 Types of requests.

* * * * *

(b) Requests for accounting of disclosures. * * * (4) Disclosures

expressly exempted by NRC regulations from the requirements of 5 U.S.C.

552a(c)(3) pursuant to 5 U.S.C. 552a (j)(2) and (k).

3. In Sec. 9.61, current paragraph (b) is redesignated as paragraph

(c), and a new paragraph (b) is added to read as follows:

Sec. 9.61 Procedures for processing requests for records exempt in

whole or in part.

* * * * *

(b) General exemptions. Generally, 5 U.S.C. 552a(j)(2) allows the

exemption of any system of records within the NRC from any part of

section 552a except subsections (b), (c) (1) and (2), (e)(4) (A)

through (F), (e) (6), (7), (9), (10), and (11), and (i) of the act if

the system of records is maintained by an NRC component that performs

as one of its principal functions any activity pertaining to the

enforcement of criminal laws, including police efforts to prevent,

control, or reduce crimes, or to apprehend criminals, and consists of--

(1) Information compiled for the purpose of identifying individual

criminal offenders and alleged offenders and consisting only of

identifying data and notations of arrests, the nature and disposition

of criminal charges, sentencing, confinement, release and parole, and

probation status;

(2) Information compiled for the purpose of a criminal

investigation, including reports of informants and investigators, and

associated with an identifiable individual; or

criminal offenders and alleged offenders and consisting only of

identifying data and notations of arrests, the nature and disposition

of criminal charges, sentencing, confinement, release and parole, and

probation status;

(2) Information compiled for the purpose of a criminal

investigation, including reports of informants and investigators, and

associated with an identifiable individual; or

(3) Reports identifiable to an individual compiled at any stage of

the process of enforcement of the criminal laws from arrest or

indictment through release from supervision.

* * * * *

4. In Sec. 9.80, paragraphs (a) (6), (10), and (11) are revised and

a new paragraph (a)(12) is added to read as follows:

Sec. 9.80 Disclosure of record to persons other than the individual to

whom it pertains.

(a) * * *

(6) To the National Archives and Records Administration as a record

that has sufficient historical or other value to warrant its continued

preservation by the United States Government, or to the Archivist of

the United States or designee for evaluation to determine whether the

record has such value;

* * * * *

(10) To the Comptroller General, or any authorized representatives,

in the course of the performance of the duties of the General

Accounting Office;

(11) Pursuant to the order of a court of competent jurisdiction; or

(12) To a consumer reporting agency in accordance with 31 U.S.C.

3711(f).

5. Section 9.95 is revised to read as follows:

Sec. 9.95 Specific exemptions.

The following records contained in the designated NRC Systems of

Records (NRC-5, NRC-9, NRC-11, NRC-18, NRC-22, NRC-23, NRC-28, NRC-29,

NRC-31, NRC-33, NRC-35, NRC-37, and NRC-39) are exempt from 5 U.S.C.

552a (c)(3), (d), (e)(1), (e)(4) (G), (H), and (I), and (f) in

accordance with 5 U.S.C. 552a(k). In addition, the records contained in

NRC-18 are exempt from the provisions of 5 U.S.C. 552a and the

regulations in this part, under 5 U.S.C. 552a(j)(2), except subsections

NRC-9, NRC-11, NRC-18, NRC-22, NRC-23, NRC-28, NRC-29,

NRC-31, NRC-33, NRC-35, NRC-37, and NRC-39) are exempt from 5 U.S.C.

552a (c)(3), (d), (e)(1), (e)(4) (G), (H), and (I), and (f) in

accordance with 5 U.S.C. 552a(k). In addition, the records contained in

NRC-18 are exempt from the provisions of 5 U.S.C. 552a and the

regulations in this part, under 5 U.S.C. 552a(j)(2), except subsections

(b), (c) (1) and (2), (e)(4) (A) through (F), (e) (6), (7), (9), (10),

and (11), and (i). Each of these systems of records is subject to the

provisions of Sec. 9.61:

(a) Contracts Records Files, NRC-5 (Exemptions (k)(1) and (k)(5));

(b) Equal Employment Opportunity Discrimination Complaint Files,

NRC-9 (Exemption (k)(5));

(c) General Personnel Records (Official Personnel Folder and

Related Records), NRC-11 (Exemptions (k)(5) and (k)(6));

(d) Office of the Inspector General (OIG) Investigative Records,

NRC-18 (Exemptions (j)(2), (k)(1), (k)(2), (k)(5), and (k)(6));

(e) Personnel Performance Appraisals, NRC-22 (Exemptions (k)(1) and

(k)(5));

(f) Office of Investigations Indices, Files, and Associated

Records, NRC-23 (Exemptions (k)(1), (k)(2), and (k)(6));

(g) Recruiting, Examining, and Placement Records, NRC-28 (Exemption

(k)(5));

(h) Nuclear Documents System (NUDOCS), NRC-29 (Exemption (k)(1));

(i) Correspondence and Records, Office of the Secretary, NRC-31

(Exemption (k)(1));

(j) Special Inquiry File, NRC-33 (Exemptions (k)(1), (k)(2), and

(k)(5));

(k) Drug Testing Program Records, NRC-35 (Exemption (k)(5));

(l) Information Security Files and Associated Records, NRC-37

(Exemptions (k)(1) and (k)(5)); and

(m) Personnel Security Files and Associated Records, NRC-39

(Exemptions (k)(1), (k)(2), and (k)(5)).

Dated at Rockville, Md., this 18th day of July, 1995.

For the Nuclear Regulatory Commission.

James M. Taylor,

Executive Director for Operations.

[FR Doc. 95-18319 Filed 7-25-95; 8:45 am]

BILLING CODE 7590-01-P