[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