[Federal Register Volume 86, Number 212 (Friday, November 5, 2021)]
[Notices]
[Pages 61331-61334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24283]


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NUCLEAR REGULATORY COMMISSION

[NRC-2021-0186]


Privacy Act of 1974; Systems of Records

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of new system of records.

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SUMMARY: Pursuant to the Privacy Act of 1974 and Office of Management 
and Budget (OMB) Circular No. A-108, notice is hereby given that the 
U.S. Nuclear Regulatory Commission (NRC) proposes to develop a new 
system of records notice titled, ``Health Emergency Records,'' NRC 46. 
NRC proposes to establish this system of records to protect the NRC's 
workforce and respond to the Coronavirus Disease 2019 (COVID-19), a 
declared public health emergency, and other high consequence public 
health threats.

DATES: Submit comments on this new system of records by December 6, 
2021. Comments received after this date will be considered if it is 
practical to do so, but the Commission is able to ensure consideration 
only for comments received before this date. This proposed action will 
be effective on the day following the end of the comment period unless 
comments are received which result in a contrary determination.

ADDRESSES: You may submit comments by any of the following methods; 
however, the NRC encourages electronic comment submission through the 
Federal Rulemaking website:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2021-0186. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; email: [email protected]. For technical 
questions, contact the individual listed in the FOR FURTHER INFORMATION 
CONTACT section of this document.
     Mail comments to: Office of Administration, Mail Stop: 
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Sally Hardy, Office of the Chief 
Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone: 301-415-5607; email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2021-0186 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly available information related to this action by any of the 
following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2021-0186.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search select, ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or 
by email [email protected].
     Attention: The PDR, where you may examine and order copies 
of public documents, is currently closed. You may submit your request 
to the PDR via email at [email protected] or call 1-800-397-4209 or 
301-415-4737, between 8:00 a.m. and 4:00 p.m. (ET), Monday through 
Friday, except Federal holidays.

B. Submitting Comments

    The NRC encourages electronic comment submission through the 
Federal Rulemaking website (https://www.regulations.gov). Please 
include Docket ID NRC-2021-0186 in the

[[Page 61332]]

subject line of your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at 
https://www.regulations.gov as well as enter the comment submissions 
into ADAMS. The NRC does not routinely edit comment submissions to 
remove identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Background

    Pursuant to the Privacy Act of 1974 and OMB Circular No. A-108, 
``Federal Agency Responsibilities for Review, Reporting, and 
Publication under the Privacy Act,'' notice is hereby given that the 
NRC proposes to establish this system of records notice.
    The proposed new system requires an advance period for public 
comment.
    A report on this new system has been sent to OMB, the Committee on 
Homeland Security and Governmental Affairs of U.S. Senate, and the 
Committee on Oversight and Reform of the U.S. House of Representatives, 
as required by the Privacy Act.
    If changes are made based on the NRC's review of comments received, 
the NRC will publish a subsequent notice.

SUPPLEMENTARY INFORMATION: The text of the report is attached.

    Dated: November 2, 2021.

    For the Nuclear Regulatory Commission.
Scott C. Flanders,
Senior Agency Official for Privacy, Office of the Chief Information 
Officer.

Attachment--Nuclear Regulatory Commission Privacy Act Systems of 
Records

NRC Systems of Records

46. Health Emergency Records--NRC

    This system of record is maintained by the NRC and contains 
personal information about individuals from which information is 
retrieved by an individual's name or identifier.
    The notice for this system of records states the name and location 
of the record system, the authority for and manner of its operation, 
the categories of individuals that it covers, the types of records that 
it contains, the sources of information in those records, and the 
routine uses. This notice also includes the business address of the NRC 
official who will inform interested persons of the procedures whereby 
they may gain access to and request amendment of records pertaining to 
them.
    The Privacy Act provides certain safeguards for an individual 
against an invasion of personal privacy by requiring Federal agencies 
to protect records contained in an agency system of records from 
unauthorized disclosure and to ensure that information is current and 
accurate for its intended use and that adequate safeguards are provided 
to prevent misuse of such information.

SYSTEM NAME AND NUMBER:
    Health Emergency Records--NRC 46.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Headquarters, 11555 Rockville Pike, Rockville, Maryland. Records 
may be maintained at all locations at which the NRC, or contractors on 
behalf of the NRC, operate or at which NRC operations are supported.

SYSTEM MANAGER(S):
    Chief Human Capital Officer, Office of the Chief Human Capital 
Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Workforce safety Federal requirements, including the Occupational 
Safety and Health Act of 1970; Executive Order 12196, ``Occupational 
safety and health programs for Federal employees;'' 5 U.S.C. 7902, 
``Safety programs;'' Federal laws related to a specific public health 
emergency or high-consequence public health threats, including, 
Executive Order 13991, ``Protecting the Federal Workforce and Requiring 
Mask-Wearing,'' Executive Order 13994, ``Ensuring a Data-Driven 
Response to COVID-19 and Future High-Consequence Public Health 
Threats,'' Executive Order 14042, ``Ensuring Adequate COVID Safety 
Protocols for Federal Contractors,'' and Executive Order 14043, 
``Requiring Coronavirus Disease 2019 Vaccination for Federal 
Employees,'' Federal laws that authorize the NRC to create and maintain 
Federal records of agency activities, including 44 U.S.C. 3101; the 
Religious Freedom Restoration Act of 1933, 42 U.S.C. Chapter 21B; Title 
VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e; and 
the Rehabilitation Act of 1973, as amended, 29 U.S.C. 701 et seq.

PURPOSE(S) OF THE SYSTEM:
    This system is to maintain records necessary and relevant to NRC 
activities responding to and mitigating high-consequence public health 
threats, including, but not limited to: COVID-19 or diseases and 
illnesses relating to a public health emergency, pandemic, or other 
high-consequence public health threat. The President's September 9, 
2021, Executive Order 14043, requires all Federal workers to be 
vaccinated, except in limited circumstances as required by law. 
Accordingly, this this system of records is also designed to collect 
records related to vaccination status, including requests for an 
exception to the vaccination requirement. Such records may include, but 
are not limited to, those records needed to understand the impact of an 
illness or disease on the NRC workforce, to assist the NRC in 
protecting its workforce from a declared public health emergency, 
pandemic, or other high-consequence public health threat, as well as 
those records submitted by NRC personnel, or the lawful representative 
of such personnel, requesting an exception to the vaccination 
requirement contained in Executive Order 14043, or other applicable 
law.
    Among other things, the NRC may use the information collected to 
facilitate the provision of vaccines to NRC personnel, including 
employees, interns, and contractors; to inform individuals who may have 
been in proximity of a person possibly infected with a disease, 
illness, or other high-consequence public health threat at or on 
buildings, grounds, and properties that are owned, leased, or used by 
the NRC; to confirm which personnel have received vaccinations to 
prevent such disease or illness to spread throughout the NRC's 
workforce; to consider requests for an exception to the COVID-19 
vaccination requirement; to respond to inquiries regarding such 
vaccinations for purposes related to official agency travel, access to 
licensee facilities, NRC site access, or implementation/lifting of 
access restrictions; or to determine and report the aggregate number of 
vaccinated NRC staff, or the number of staff that received a legal 
exception to the vaccine requirement.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    NRC's personnel, including employees, interns, and contractors.

[[Page 61333]]

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records maintained in this system may include:
    A. Full name, NRC employee ID number; telephone number, worksite, 
email address, supervisor's name, address and contact information and/
or the contractor's supervisor/contracting officer representative name, 
address and contact information.
    B. Date(s) and circumstances of the individual's suspected or 
actual exposure to disease or illness including symptoms, as well as 
locations within the NRC workplace where the individual may have 
contracted or been exposed to the disease or illness.
    C. Other information of the individual directly related to the 
disease or illness (e.g., testing results/information, symptoms, 
treatments, and source of exposure).
    D. Appointment scheduling information, including the date, time, 
and location of a scheduled appointment.
    E. Medical screening information, including the individual's name, 
date of birth, age, category of employment, current medical status, 
vaccination history, and any relevant medical history.
    F. Vaccination records, including the date, type, and dose of 
vaccine administered to the individual.
    G. Requests for an exception to the COVID-19 vaccination 
requirement, including, but not limited to, the employee's name and 
relevant information related to the request.

RECORD SOURCE CATEGORIES:
    Records may be obtained from NRC personnel, including employees, 
contractors, and interns, who may provide relevant information on a 
suspected or confirmed disease or illness, or the prevention of such 
disease or illness, which is the subject of a declared public health 
emergency, or information related to a request for an exception from 
the COVID-19 vaccination requirement. Information may also be sourced 
from personnel at medical facilities, or from existing systems of 
records, including but not limited to NRC-43, ``Employee Health Center 
Records,'' (84 FR 71536; December 27, 2019) or OPM/GOVT-10, ``Employee 
Medical File System Records,'' (75 FR 35099; June 21, 2010), and 
modified on November 30, 2015 (80 FR 74815).

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 persons or entities 
mentioned herein if the disclosure is compatible with the purpose for 
which the record was collected under the following routine uses:
    A. To appropriate medical facilities, or Federal, State, local, 
Tribal, territorial or foreign government agencies, to the extent 
permitted by law, for the purpose of protecting the vital interests of 
individual(s), including to assist the United States Government in 
responding to or mitigating high-consequence public health threats, or 
diseases and illnesses relating to a public health emergency.
    B. To determine eligibility for access to NRC buildings, NRC 
licensee facilities or sites, or other Federal facilities.
    C. To provide licensees information needed for unescorted access or 
access to the licensee's facility(s).
    D. Where a record, either alone or in conjunction with other 
information, indicates a violation or potential violation of law--
criminal, civil, or regulatory in nature--the relevant records may be 
referred to the appropriate Federal, State, local, territorial, Tribal, 
or foreign law enforcement authority or other appropriate entity 
charged with the responsibility for investigating or prosecuting such 
violation or charged with enforcing or implementing such law.
    E. In an appropriate proceeding before a court, grand jury, or 
administrative or adjudicative body, when the NRC determines that the 
records are arguably relevant to its proceeding; or in an appropriate 
proceeding before an administrative or adjudicative body when the 
adjudicator determines the records to be relevant to the proceeding.
    F. To contractors, grantees, experts, consultants, students, and 
others performing or working on a contract, service, grant, cooperative 
agreement, or other assignment for the Federal Government, when 
necessary to accomplish an NRC function related to this system of 
records.
    G. A record on an employee or contractor from this system of 
records may be disclosed as a routine use to a Federal, State, local, 
territorial, Tribal, or foreign agency requesting a record that is 
relevant and necessary to its decision on a matter of hiring or 
retaining an employee, issuing a security clearance, reporting an 
investigation of that individual, letting a contract, or issuing a 
license, grant, or other benefit.
    H. A record on an employee or contractor from this system of 
records may be disclosed as a routine use to a Congressional office in 
response to an inquiry from the Congressional office made at the 
request of that individual.
    I. To the National Archives and Records Administration for purposes 
of records management inspections conducted under the authority of 44 
U.S.C. 2904 and 2906.
    J. To appropriate agencies, entities, and persons when (1) the NRC 
suspects or has confirmed that there has been a breach of the system of 
records. (2) the NRC has determined that as a result of the suspected 
or confirmed breach there is a risk of harm to an individual(s), the 
NRC (including its information systems, programs, and operations), the 
Federal Government, or national security; and (3) the disclosure made 
to such agencies, entities, and persons is reasonably necessary to 
assist in connection with the NRC's efforts to respond to the suspected 
or confirmed breach or to prevent, minimize, or remedy such harm.
    K. To another Federal agency or Federal entity, when the NRC 
determines that information from this system of records is necessary to 
assist the recipient agency or entity in (1) responding to a suspected 
or confirmed breach, or (2) preventing, minimizing, or remedying the 
risk of harm to individuals, the recipient agency or entity (including 
its information systems, programs, and operations), the Federal 
Government, or national security, resulting from a suspected or 
confirmed breach.
    L. To any agency, organization, or individual for the purpose of 
performing authorized audit or oversight operations of the NRC and 
meeting related reporting requirements.
    M. To such recipients and under such circumstances and procedures 
as are mandated by Federal statute or treaty.
    N. A record from this system of records may be disclosed as a 
routine use to NRC-paid experts or consultants, and those under 
contract with the NRC on a ``need-to-know'' basis for purpose within 
the scope of the pertinent NRC task. This access will be granted to an 
NRC contractor or employee of such contractor by a system manager only 
after satisfactory justification has been provided to the system 
manager.
    O. To a Federal agency employee, expert, consultant, or contractor 
in performing a Federal duty for purposes of authorizing, arranging, 
and/or claiming reimbursement for official travel, including, but not 
limited to, traveler profile information.

[[Page 61334]]

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    All records in this system of records are maintained and in 
compliance with applicable executive orders, statutes, and agency 
implementing recommendations. Electronic records are stored in 
databases and/or on hard disks, removable storage devices, or other 
electronic media. Paper records are maintained in a secure, access 
controlled room, with access limited to authorized personnel.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records will be retrieved by any of the categories of records, 
including name, location, date of vaccination, or work status.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    To the extent applicable, to ensure compliance with Americans with 
Disabilities Act, the Rehabilitation Act, and the Genetic Information 
Nondiscrimination Act of 2008, medical information must be ``maintained 
on separate forms and in separate medical files and be treated as a 
confidential medical record.'' 42 U.S.C. 12112(d)(3)(B); 42 U.S.C. sec 
2000ff-5(a); 29 CFR 1630.14(b)(1), (c)(1),(d)(4)(i); and 29 CFR 
1635.9(a). This means that medical information and documents must be 
stored separately from other personnel records. As such, the NRC must 
keep medical records for at least 1 year from creation date. 29 CFR 
1602.14. Further, records compiled under this system of record notices 
will be maintained in accordance with the National Archives and Records 
Administration General Records Schedule 2.7 Employee Health and Safety 
Records, Items 010, 070, or 080 to the extent applicable.
    GRS 2.7 item 010 (DAA-GRS-2017-0010-0001)--Clinic scheduling 
records. Temporary. Destroy when 3 years old, but longer retention is 
authorized if needed for business use.
    GRS 2.7 item 070 (DAA-GRS-2017-0010-0012)--Non-occupational 
individual case files. Temporary. Destroy 10 years after the most 
recent encounter, but longer retention is authorized if needed for 
business use.
    GRS 2.7 item 080 (DAA-GRS-2017-0010-0013)--Non-occupational health 
and wellness program records. Temporary. Destroy 3 years after the 
project/activity/or transaction is completed or superseded, but longer 
retention is authorized if needed for business use.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    The NRC safeguards records in this system according to applicable 
rules and polices, including all applicable NRC automated systems 
security and access policies. The NRC has imposed controls to minimize 
the risk of compromising the information that is being stored. Users of 
individual computers can only gain access to the data by valid user 
identification and password. Paper records are maintained in a secure, 
access- controlled room, with access limited to authorized personnel.

RECORDS ACCESS PROCEDURES:
    Same as ``Notification procedures.''

CONTESTING RECORD PROCEDURES:
    Same as ``Notification procedures.''

NOTIFICATION PROCEDURES:
    Individuals seeking to determine whether this system of records 
contains information about them should write to the Freedom of 
Information Act Officer or Privacy Act Officer, Office of the Chief 
Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, and comply with procedures contained in NRC's Privacy Act 
regulations, 10 CFR part 9.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

HISTORY:
    None.
    Addendum I--List of U.S. Nuclear Regulatory Commission Locations

    Part 1--NRC Headquarters Offices
    1. One White Flint North, 11555 Rockville Pike, Rockville, 
Maryland.
    2. Two White Flint North, 11545 Rockville Pike, Rockville, 
Maryland.

    Part 2--NRC Regional Offices
    1. NRC Region I, 2100 Renaissance Boulevard, Suite 100, King of 
Prussia, Pennsylvania.
    2. NRC Region II, Marquis One Tower, 245 Peachtree Center Avenue 
NE, Suite 1200, Atlanta, Georgia.
    3. NRC Region III, 2443 Warrenville Road, Suite 210, Lisle, 
Illinois.
    4. NRC Region IV, 1600 East Lamar Boulevard, Arlington, Texas.
    5. NRC Technical Training Center, Osborne Office Center, 5746 
Marlin Road, Suite 200, Chattanooga, Tennessee.

[FR Doc. 2021-24283 Filed 11-4-21; 8:45 am]
BILLING CODE 7590-01-P