[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]
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