[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Notices]
[Pages 29578-29579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14702]



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NUCLEAR REGULATORY COMMISSION


Privacy Act of 1974, as Amended; Revisions to Existing System of 
Records

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed revisions to an existing system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended 
(Privacy Act), the Nuclear Regulatory Commission (NRC) is issuing 
public notice of its intent to modify an existing system of records 
(system), NRC-3, ``Enforcement Actions Against Individuals--NRC,'' to 
expand the Categories of Individuals Covered and the Categories of 
Records Maintained in the system, to add one new routine use, and to 
revise two existing routine uses.

EFFECTIVE DATE: The revised system of records will become effective 
without further notice on July 22, 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 7:30 am and 4:15 pm Federal 
workdays. Copies of comments 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 Publications Services, Office of Administration, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone: 
301-415-7170.

SUPPLEMENTARY INFORMATION: The NRC is proposing to amend the system 
notice for NRC-3, ``Enforcement Actions Against Individuals--NRC,'' to 
add ``individuals involved in NRC-licensed activities who have been the 
subject of correspondence indicating that they are being, or have been, 
considered for enforcement action'' as a new category of individuals 
covered by the system. NRC-3 currently covers only those individuals 
who have actually been subject to NRC enforcement actions. In addition, 
while the current categories of records in the system include Letters 
of Reprimand, NRC-3 does not include other letters such as those 
concerning matters that are being or have been considered for 
individual enforcement action and those that reflect on an individual's 
performance concerning a particular matter. These letters, which are 
necessary in deciding whether enforcement action should be taken 
against an individual, determining whether repetitive performance 
problems are occurring, and tracking actions considered and taken, are 
being added to the categories of records maintained in the system.
    Existing routine use b. is being amended to include several 
additional means of making certain information routinely available to 
the public in an effort to deter future violations of NRC regulations.
    Existing routine use e. is being redesignated f. and is being 
revised to include routine use 5. from the Prefatory Statement of 
General Routine Uses available to all NRC systems of records to permit 
disclosures to a Congressional office in response to its inquiry made 
at the request of the subject individual.
    A new routine use e. permitting disclosures to the National 
Archives and Records Administration and the General Services 
Administration for records management inspections conducted under 44 
U.S.C. 2904 and 2906 is being added to the system.
    A report on the proposed revisions to this system of records, 
required by 5 U.S.C. 552a(r) and the Office of Management and Budget 
(OMB) Circular No. A-130, is being sent to the Committee on 
Governmental Affairs, U.S. Senate; the Committee on Government Reform 
and Oversight, U.S. House of Representatives; and OMB.
    Accordingly, the NRC proposes to amend NRC-3 in its entirety to 
read as follows:

[[Page 29579]]

NRC-3

System Name:
    Enforcement Actions Against Individuals--NRC.
System location:
    Primary system--Office of Enforcement, NRC, 11555 Rockville Pike, 
Rockville, Maryland.
    Duplicate systems--Duplicate systems may exist, in whole or in 
part, at the NRC Regional Offices at the locations listed in Addendum 
I, Part 2, and in the Office of the General Counsel, NRC, 11555 
Rockville Pike, Rockville, Maryland.
Categories of individuals covered by the system:
    Individuals involved in NRC-licensed activities who have been 
subject to NRC Enforcement Actions or who have been the subject of 
correspondence indicating that they are being, or have been, considered 
for enforcement action.
Categories of records in the system:
    The system includes, but is not limited to, individual enforcement 
actions, including Orders, Notices of Violations with and without Civil 
Penalties, Orders Imposing Civil Penalties, Letters of Reprimand, 
Demands for Information, and letters to individuals who are being 
considered for enforcement action or have been considered. Also 
included are responses to these actions and letters. In addition, the 
files may contain other relevant documents directly related to those 
actions and letters that have been issued. Files are arranged 
numerically by Individual Action (IA) number, which is assigned as 
individual enforcement actions are issued. In instances where only 
letters are issued, these letters also receive IA numbers. The system 
includes a computerized database from which information is retrieved by 
names of the individuals subject to the action and IA numbers.
Authority for maintenance of the system:
    42 U.S.C. 2114, 2167, 2201(c), and 2282 (1988).
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, the NRC may disclose information contained 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 respond to general information requests from the Congress;
    b. To deter future violations, certain information in this system 
of records may be routinely disseminated to the public by such means as 
(1) publishing in the Federal Register certain enforcement actions 
issued to an individual; (2) placing in the NRC Public Document Room 
(PDR) and most local public document rooms (LPDRs); (3) publishing in 
the NRC Homepage; and (4) listing all individuals currently subject to 
an order that affects their participation in licensed activities in 
NUREG-0940, Part I, ``Enforcement Actions: Significant Actions 
Resolved, Individual Actions,'' published semiannually. In addition to 
being available in the PDR and most LPDRs, copies of NUREG-0940, Part 
I, are sent to all power reactor licensees and major materials 
licensees and are made available to other licensees and the general 
public on request;
    c. When considered appropriate for disciplinary purposes, 
information in this system of records, such as enforcement actions and 
hearing proceedings, may be disclosed to a bar association, or other 
professional organization performing similar functions, including 
certification of individuals licensed by NRC or Agreement States to 
perform specified licensing activity;
    d. Where appropriate to ensure the public health and safety, 
information in this system of records, such as enforcement actions and 
hearing proceedings, may be disclosed to a Federal or State agency with 
licensing jurisdiction; and
    e. 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.
    f. For the routine uses specified in paragraphs 1, 2, 3, 4, and 5 
of the Prefatory Statement of General Routine Uses.
Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records are maintained on paper in file folders, on computer 
printouts, and on computer media.
Retrievability:
    Records are accessed by individual action file number or by the 
name of the individual.
Safeguards:
    Records are maintained in lockable file cabinets or computer 
databases. Access to and use of these records is limited to those NRC 
employees whose official duties require access. Access to automated 
records requires use of proper password and user identification codes. 
Paper files are under visual control during duty hours.
Retention and disposal:
    Enforcement Action Case Files and related indexes are currently 
unscheduled and must be retained until a records disposition schedule 
for this material is approved by the National Archives and Records 
Administration.
System manager(s) and address:
    Director, Office of Enforcement, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001.
Notification procedure:
    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 in the records is primarily obtained from NRC 
inspectors and investigators and other NRC employees, individuals to 
whom a record pertains, authorized representatives for these 
individuals, and NRC licensees, vendors, other individuals regulated by 
the NRC, and persons making allegations to the NRC.

    Dated at Rockville, MD, this 31st day of May, 1996.

    For the Nuclear Regulatory Commission.
James M. Taylor,
Executive Director for Operations.
[FR Doc. 96-14702 Filed 6-10-96; 8:45 am]
BILLING CODE 7590-01-P