[Federal Register Volume 89, Number 47 (Friday, March 8, 2024)]
[Rules and Regulations]
[Pages 16697-16698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04939]


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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

36 CFR Part 1202

[FDMS No. NARA-24-0004; NARA-2024-017]
RIN 3095-AC21


Making a Privacy Act Request

AGENCY: National Archives and Records Administration (NARA).

ACTION: Direct final rule.

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SUMMARY: The National Archives and Records Administration (NARA) is 
amending our regulations on the Privacy Act to allow individuals to 
submit electronic Privacy Act requests.

DATES: This rule is effective April 17, 2024, without further action, 
unless we receive actionable adverse comments by March 28, 2024. If we 
receive such comments, we will publish a withdrawal of the rule in the 
Federal Register.

ADDRESSES: You may submit comments, identified by RIN 3095-AC21 by the 
following method:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting 
comments. All submissions must include NARA's name and the regulatory 
information number for this rule (RIN 3095-AC21). We may publish any 
comments we receive without changes, including any personal information 
you include.
     Mail (for paper, flash drive, or CD-ROM submissions. 
Include ``RIN 3095-AC21'' on the submission): National Archives and 
Records Administration; Regulation Comments Desk, Suite 4100; 8601 
Adelphi Road; College Park, MD 20740-6001.

FOR FURTHER INFORMATION CONTACT: Kimberly Richardson, Strategy and 
Performance Division, by email at [email protected], by 
email at [email protected], or by phone at 301-837-2902. 
Contact [email protected] with any questions on NARA's privacy program.

SUPPLEMENTARY INFORMATION: The National Archives and Records 
Administration (NARA) is amending our regulations to allow individuals 
to submit electronic Privacy Act requests. The revision will 
incorporate the requirements of the CASES Act and OMB Memo M-21-04. 
These authorities require agencies to provide a digital service option 
for individuals to make a digital Privacy Act request. The revised 
regulation will describe how individuals can make a digital Privacy Act 
request through NARA's website.

Regulatory Analysis

Review Under Executive Order 12866, Regulatory Planning and Review, 58 
FR 51735; Executive Order 13563, Improving Regulation and Regulation 
Review, 76 FR 23821; and Executive Order 14094, Modernizing Regulatory 
Review, 88 FR 21879

    The Office of Management and Budget (OMB) has reviewed this rule 
and determined it is not ``significant'' under section 3(f) of 
Executive Order 12866. It is not significant because it consists of 
administrative and minor revisions, involves agency organization and 
management, does not change substantive requirements, and imposes no 
costs on the public.

Review Under the Regulatory Flexibility Act (5 U.S.C. 601, et seq.)

    This review requires an agency to prepare an initial regulatory 
flexibility analysis and publish it when the agency publishes the 
proposed rule. This requirement does not apply if the agency certifies 
that the rulemaking will not, if promulgated, have a significant 
economic impact on a substantial number of small entities (5 U.S.C. 
603). We certify, after review and analysis, that this rule will not 
have a significant adverse economic impact on small entities.

Review Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.)

    This rule does not impose additional information collection 
requirements on the public that are subject to the Paperwork Reduction 
Act.

Review Under Executive Order 13132, Federalism, 64 FR 43255

    Review under Executive Order 13132 requires that agencies review 
regulations for federalism effects on the institutional interest of 
states and local governments, and, if the effects are sufficiently 
substantial, prepare a federalism assessment to assist senior policy 
makers. This rule will not have any effects on state and local 
governments within the meaning of the

[[Page 16698]]

Executive order. Therefore, no federalism assessment is required.

Review Under the Unfunded Mandates Reform Act (Sec. 202, Pub. L. 104-4; 
2 U.S.C. 1532)

    Review under the Unfunded Mandates Reform Act requires that 
agencies determine whether any Federal mandate in the rulemaking may 
result in state, local, and tribal governments, in the aggregate, or 
the private sector, expending $100 million in any one year. NARA 
certifies that this rule does not contain a Federal mandate that may 
result in such an expenditure, and this rule is therefore not subject 
to this requirement.

List of Subjects in 36 CFR Part 1202

    Privacy.

    For the reasons stated in the preamble, NARA amends 36 CFR part 
1202 as follows:

PART 1202--REGULATIONS IMPLEMENTING THE PRIVACY ACT OF 1974

0
1. The authority citation for part 1202 continues to read as follows:

    Authority:  5 U.S.C. 552a; 44 U.S.C. 2104(a).

0
2. Revise Sec.  1202.40 to read as follows:


Sec.  1202.40  How can I gain access to NARA records about myself?

    (a) If you wish to request access to information about yourself 
contained in a NARA Privacy Act system of records, you may do so in 
writing or electronically.
    (1) Written requests must be directed to the NARA Privacy Act 
Officer, National Archives and Records Administration, Rm. 3110, 8601 
Adelphi Rd., College Park, MD 20740-6001. Your request should be 
clearly marked on the letter and the envelope as a ``Privacy Act 
Request.''
    (2) Electronic requests may be initiated online at https://www.archives.gov/privacy.
    (b) If you wish to allow another person to review or obtain a copy 
of your record, you must provide authorization in writing or 
electronically for that person to obtain access as part of your 
request.
    (c) Your request must contain:
    (1) The complete name and identifying number of the NARA system as 
published in the Federal Register;
    (2) A brief description of the nature, time, place, and 
circumstances of your association with NARA;
    (3) Any other information which you believe would help NARA to 
determine whether the information about you is included in the system 
of records;
    (4) If you are authorizing another individual to have access to 
your records, the name of that person; and
    (5) A Privacy Act certification of identity. When you make a 
request for access to records about yourself, you must verify your 
identity.
    (i) If you are submitting a written request, you must sign your 
request and your signature must either be notarized or submitted by you 
under 28 U.S.C. 1746, a law that permits statements to be made under 
penalty of perjury as a substitute for notarization. While no specific 
form is required, you may obtain a Certification of Identity form for 
this purpose from the NARA Privacy Act Officer. The following 
information is required:
    (A) Your full name;
    (B) An acknowledgment that you understand the criminal penalty in 
the Privacy Act for requesting or obtaining access to records under 
false pretenses (5 U.S.C. 552a(i)(3)); and
    (C) A declaration that your statement is true and correct under 
penalty of perjury (18 U.S.C. 1001).
    (ii) If you are submitting an electronic request, you must provide 
an electronically signed statement on the electronic form. The 
statement affirms your identity and the fact that you understand 
penalties associated with requesting information under false pretenses.
    (d) The procedure for accessing an accounting of disclosure is 
identical to the procedure for access to a record as set forth in this 
section.

Colleen J. Shogan,
Archivist of the United States.
[FR Doc. 2024-04939 Filed 3-7-24; 8:45 am]
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