[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]
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