82_FR_39225 82 FR 39067 - ABMC Privacy Program

82 FR 39067 - ABMC Privacy Program

AMERICAN BATTLE MONUMENTS COMMISSION

Federal Register Volume 82, Issue 158 (August 17, 2017)

Page Range39067-39070
FR Document2017-17281

This rule provides guidance and assigns responsibility for the privacy program under the American Battle Monuments Commission (ABMC) pursuant to the Privacy Act of 1974 and applicable Office of Management Budget (OMB) guidance.

Federal Register, Volume 82 Issue 158 (Thursday, August 17, 2017)
[Federal Register Volume 82, Number 158 (Thursday, August 17, 2017)]
[Proposed Rules]
[Pages 39067-39070]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17281]


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AMERICAN BATTLE MONUMENTS COMMISSION

36 CFR Part 407

RIN 3263-AA00


ABMC Privacy Program

AGENCY: American Battle Monuments Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This rule provides guidance and assigns responsibility for the 
privacy program under the American Battle Monuments Commission (ABMC) 
pursuant to the Privacy Act of 1974 and applicable Office of Management 
Budget (OMB) guidance.

DATES: Send comments on or before October 16, 2017.

ADDRESSES: You may send comments, identified by RIN number, by the 
following method:
     Federal Rulemaking Portal: http://www.regulations.gov.
    Follow the instructions for submitting comments. All submissions 
received must include the agency name and docket number or RIN for this 
document. The general policy for comments and other submissions from 
members of the public is to make these submissions available for public 
viewing at http://www.regulations.gov as they are received without 
change, including any personal identifiers or contact information.

FOR MORE INFORMATION CONTACT: Edwin L. Fountain, General Counsel, 
American Battle Monuments Commission, 2300 Clarendon Boulevard Suite 
500, Arlington VA 22201, [email protected].

SUPPLEMENTARY INFORMATION: The authority for this rulemaking is 5 
U.S.C. 552a, the Privacy Act of 1974, as amended, which requires the 
implementation of the Act by Federal agencies.
    This action ensures that ABMC's collection, use, maintenance, or 
dissemination of information about individuals for purposes of 
discharging its statutory responsibilities will be performed in 
accordance with the Privacy Act of 1974 and applicable OMB guidance. 
This rule:
     Establishes rules of conduct for ABMC personnel and ABMC 
contractors involved in the design, development, operation, or 
maintenance of any system of records.
     Establishes appropriate administrative, technical, and 
physical safeguards to ensure the security and confidentiality of 
records and to protect against any anticipated threats or hazards to 
their security or integrity that could result in substantial harm, 
embarrassment, inconvenience, or unfairness to any individual about 
whom information is maintained.
     Ensures that guidance, assistance, and subject matter 
expert support are provided ABMC staff, contractors and the public as 
needed in the implementation and execution of and compliance with the 
ABMC Privacy Program.
     Ensures that laws, policies, procedures, and systems for 
protecting individual privacy rights are implemented throughout ABMC.

Regulatory Procedures

Executive Order 12866, Regulatory Planning and Review, and Executive 
Order 13563, Improving Regulation and Regulatory Review

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule benefits the public and the United States 
Government by providing clear procedures for members of the public, 
contractors, and employees to follow with regard to the ABMC privacy 
program. This rule has been designated a not significant regulatory 
action.

Unfunded Mandates Reform Act

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) (2 
U.S.C. 1532) requires agencies to assess anticipated costs and benefits 
before issuing any rule whose mandates require spending in any 1 year 
of $100 million in 1995 dollars, updated annually for inflation. In 
2016, that threshold is approximately $146 million. This rule will not 
mandate any requirements for State, local, or tribal governments, nor 
will it affect private sector costs.

Public Law 96-354, Regulatory Flexibility Act

    The ABMC certifies this proposed rule is not subject to the 
Regulatory Flexibility Act (5 U.S.C. Ch. 6) because it would not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities. Therefore, the Regulatory Flexibility

[[Page 39068]]

Act, as amended, does not require ABMC to prepare a regulatory 
flexibility analysis.

Executive Order 13132, Federalism

    Executive Order 13132 establishes certain requirements that an 
agency must meet when it promulgates a proposed rule (and subsequent 
final rule) that imposes substantial direct requirement costs on State 
and local governments, preempts State law, or otherwise has Federalism 
implications. This rule will not have a substantial effect on the 
States; the relationship between the National Government and the 
States; or the distribution of power and responsibilities among the 
various levels of Government.

Public Law 96-511, Paperwork Reduction Act

    It has been determined that this rule does not impose reporting or 
record keeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. Chapter 35).

List of Subjects in 36 CFR Part 407

    Privacy.

     Dated: August 10, 2017.
Robert J. Dalessandro,
Acting Secretary, ABMC.

0
36 CFR Chapter IV is proposed to be amended by adding part 407 to read 
as follows:

PART 407--IMPLEMENTATION OF THE PRIVACY ACT OF 1974

Sec.
407.1 Purpose and scope of the regulations in this part.
407.2 Definitions.
407.3 Inquiries about ABMC's systems of records or implementation of 
the Privacy Act.
407.4 Procedures for acquiring access to ABMC records pertaining to 
an individual.
407.5 Identification required when requesting access to ABMC records 
pertaining to an individual.
407.6 Procedures for amending or correcting an individual's ABMC 
record.
407.7 Procedures for appealing a refusal to amend or correct an ABMC 
record.
407.8 Fees charged to locate, review, or copy records.
407.9 Procedures for maintaining accounts of disclosures made by 
ABMC from its systems of records.

    Authority:  5 U.S.C. 552a(f).


Sec.  407.1  Purpose and scope of the regulations in this part.

    The regulations in this part set forth ABMC's procedures under the 
Privacy Act, as required by 5 U.S.C. 552a(f), with respect to systems 
of records maintained by ABMC. The rules in this part apply to all 
records maintained by ABMC that are retrieved by an individual's name 
or by some identifying number, symbol, or other identifying particular 
assigned to the individual. These regulations establish procedures by 
which an individual may exercise the rights granted by the Privacy Act 
to determine whether an ABMC system of records contains a record 
pertaining to him or her; to gain access to such records; and to 
request correction or amendment of such records. These rules should be 
read together with the Privacy Act, which provides additional 
information about records maintained on individuals.


Sec.  407.2  Definitions.

    The definitions in subsection (a) of the Privacy Act (5 U.S.C. 
552a(a)) apply to this part. In addition, as used in this part:
    ABMC means the American Battle Monuments Commission;
    ABMC system means a system of records maintained by ABMC;
    Business day means a calendar day, excluding Saturdays, Sundays, 
and legal public holidays.
    General Counsel means the General Counsel of ABMC, or his or her 
designee.
    Individual means a citizen of the United States or an alien 
lawfully admitted for permanent residence.
    Privacy Act or Act means the Privacy Act of 1974, as amended (5 
U.S.C. 552a);
    Secretary means the Secretary of ABMC, or his or her designee;
    You, your, or other references to the reader of the regulations in 
this part are meant to apply to the individual to whom a record 
pertains.


Sec.  407.3   Inquiries about ABMC's systems of records or 
implementation of the Privacy Act.

    Inquiries about ABMC's systems of records or implementation of the 
Privacy Act should be sent to the following address: American Battle 
Monuments Commission, Office of the General Counsel, 2300 Clarendon 
Boulevard, Suite 500, Arlington VA 22201.


Sec.  407.4   Procedures for accessing ABMC records pertaining to an 
individual.

    The following procedures apply to records that are contained in an 
ABMC system:
    (a) You may request to be notified if a system of records that you 
name contains records pertaining to you, and to review any such 
records, by writing to the Office of the General Counsel (see Sec.  
407.3). You also may call the Office of the General Counsel at (703) 
696-6902 on business days, between the hours of 9 a.m. and 5 p.m., to 
schedule an appointment to make such a request in person. A request for 
records should be presented in writing and should identify specifically 
the ABMC system(s) involved. Your request to access records pertaining 
to you will be treated as a request under both the Privacy Act, as 
implemented by this part, and the Freedom of Information Act (5 U.S.C. 
552), as implemented by part 404 of this title (36 CFR 404.1 through 
404.10).
    (b) Access to the records, or to any other information pertaining 
to you that is contained in the system, shall be provided if the 
identification requirements of Sec.  407.5 are satisfied and the 
records are determined otherwise to be releasable under the Privacy Act 
and these regulations. ABMC shall provide you an opportunity to have a 
copy made of any such records about you. Only one copy of each 
requested record will be supplied, based on the fee schedule in Sec.  
407.8.
    (c) ABMC will comply promptly with requests made in person at 
scheduled appointments, if the requirements of this section are met and 
the records sought are immediately available. ABMC will acknowledge, 
within 10 business days, mailed requests or personal requests for 
records that are not immediately available, and the information 
requested will be provided promptly thereafter.
    (d) If you make your request in person at a scheduled appointment, 
you may, upon your request, be accompanied by a person of your choice 
to review your records. ABMC may require that you furnish a written 
statement authorizing discussion of your records in the accompanying 
person's presence. A record may be disclosed to a representative chosen 
by you upon your proper written consent.
    (e) Medical or psychological records pertaining to you shall be 
disclosed to you unless, in the judgment of ABMC, access to such 
records might have an adverse effect upon you. When such a 
determination has been made, ABMC may refuse to disclose such 
information directly to you. ABMC will, however, disclose this 
information to you through a licensed physician designated by you in 
writing.
    (f) If you are unsatisfied with an adverse determination on your 
request to access records pertaining to you, you may appeal that 
determination using the procedures set forth in Sec.  407.7(a).


Sec.  407.5   Identification required when requesting access to ABMC 
records pertaining to an individual.

    ABMC will require reasonable identification of all individuals who

[[Page 39069]]

request access to records in an ABMC system to ensure that records are 
disclosed to the proper person.
    (a) The amount of personal identification required will of 
necessity vary with the sensitivity of the record involved. In general, 
if you request disclosure in person, you will be required to show an 
identification card, such as a driver's license, containing your 
photograph and sample signature. However, with regard to records in 
ABMC systems that contain particularly sensitive and/or detailed 
personal information, ABMC reserves the right to require additional 
means of identification as are appropriate under the circumstances. 
These means include, but are not limited to, requiring you to sign a 
statement under oath as to your identity, acknowledging that you are 
aware of the criminal penalties for requesting or obtaining records 
under false pretenses or falsifying information (see 5 U.S.C. 
552a(i)(3); 18 U.S.C. 1001).
    (b) If you request disclosure by mail, ABMC will request such 
information as may be necessary to ensure that you are properly 
identified and for a response to be sent. Authorized means to achieve 
this goal include, but are not limited to, requiring that a mail 
request include a signed, notarized statement asserting your identity 
or a statement signed under oath as described in subsection (a) of this 
section.


Sec.  407.6   Procedures for amending or correcting an individual's 
ABMC record.

    (a) You are entitled to request amendments to or corrections of 
records pertaining to you that you believe are not accurate, relevant, 
timely, or complete, pursuant to the provisions of the Privacy Act, 
including 5 U.S.C. 552a(d)(2). Such a request should be made in writing 
and addressed to the Office of the General Counsel (see Sec.  407.3).
    (b) Your request for amendments or corrections should specify the 
following:
    (1) The particular record that you are seeking to amend or correct;
    (2) The ABMC system from which the record was retrieved;
    (3) The precise correction or amendment you desire, preferably in 
the form of an edited copy of the record reflecting the desired 
modification; and
    (4) Your reasons for requesting amendment or correction of the 
record.
    (c) ABMC will acknowledge a request for amendment or correction of 
a record within 10 business days of its receipt, unless the request can 
be processed and the individual informed of the General Counsel's 
decision on the request within that 10-day period.
    (d) If after receiving and investigating your request, the General 
Counsel agrees that the record is not accurate, timely, or complete, 
based on a preponderance of the evidence, then the record will be 
corrected or amended promptly. The record will be deleted without 
regard to its accuracy, if the record is not relevant or necessary to 
accomplish the ABMC function for which the record was provided or is 
maintained. In either case, you will be informed in writing of the 
amendment, correction, or deletion. In addition, if accounting was made 
of prior disclosures of the record, all previous recipients of the 
record will be informed of the corrective action taken.
    (e) If after receiving and investigating your request, the General 
Counsel does not agree that the record should be amended or corrected, 
you will be informed promptly in writing of the refusal to amend or 
correct the record and the reason for this decision. You also will be 
informed that you may appeal this refusal in accordance with Sec.  
407.7.
    (f) Requests to amend or correct a record governed by the 
regulations of another agency will be forwarded to such agency for 
processing, and you will be informed in writing of this referral.


Sec.  407.7   Procedures for appealing a refusal to amend or correct an 
ABMC record.

    (a) You may appeal a refusal to amend or correct a record to the 
Secretary of ABMC. Such appeal must be made in writing within 30 
business days of your receipt of the initial refusal to amend or 
correct your record. Your appeal should be sent to the Office of the 
General Counsel (see Sec.  407.3), should indicate that it is an 
appeal, and should include the basis for the appeal.
    (b) The Secretary will review your request to amend or correct the 
record, the General Counsel's refusal, and any other pertinent material 
relating to the appeal. No hearing will be held.
    (c) The Secretary shall render his or her decision on your appeal 
within 30 business days of its receipt by ABMC, unless the Secretary, 
for good cause shown, extends the 30-day period. Should the Secretary 
extend the appeal period, you will be informed in writing of the 
extension and the circumstances of the delay.
    (d) If the Secretary determines that the record that is the subject 
of the appeal should be amended or corrected, the record will be so 
modified, and you will be informed in writing of the amendment or 
correction. Where an accounting was made of prior disclosures of the 
record, all previous recipients of the record will be informed of the 
corrective action taken.
    (e) If your appeal is denied, you will be informed in writing of 
the following:
    (1) The denial and the reasons for the denial;
    (2) That you may submit to ABMC a concise statement setting forth 
the reasons for your disagreement as to the disputed record. Under the 
procedures set forth in subsection (f) of this section, your statement 
will be disclosed whenever the disputed record is disclosed; and
    (3) That you may seek judicial review of the Secretary's 
determination under 5 U.S.C. 552a(g)(1).
    (f) Whenever you submit a statement of disagreement to ABMC in 
accordance with paragraph (e)(2) of this section, the record will be 
annotated to indicate that it is disputed. In any subsequent 
disclosure, a copy of your statement of disagreement will be disclosed 
with the record. If ABMC deems it appropriate, a concise statement of 
the Secretary's reasons for denying your appeal also may be disclosed 
with the record. While you will have access to this statement of the 
Secretary's reasons for denying your appeal, such statement will not be 
subject to correction or amendment. Where an accounting was made of 
prior disclosures of the record, all previous recipients of the record 
will be provided a copy of your statement of disagreement, as well as 
any statement of the Secretary's reasons for denying your appeal deemed 
appropriate.


Sec.  407.8   Fees charged to locate, review, or copy records.

    (a) ABMC will charge no fees for search time or for any other time 
expended by ABMC to review a record. However, ABMC may charge fees 
where you request that a copy be made of a record to which you have 
been granted access. Where a copy of the record must be made in order 
to provide access to the record (e.g., computer printout where no 
screen reading is available), the copy will be made available to you 
without cost.
    (b) Copies of records made by photocopy or similar process will be 
charged to you at the rate of $0.15 per page. Where records are not 
susceptible to photocopying (e.g., punch cards, magnetic tapes, or 
oversize materials), you will be charged actual cost as determined on a 
case-by-case basis. Copying fees will not be charged if the cost of 
collecting a fee would be equal to or greater than the fee itself. 
Copying fees for contemporaneous requests by the same individual shall 
be aggregated to determine the total fee.

[[Page 39070]]

    (c) Special and additional services provided at your request, such 
as certification or authentication, postal insurance, and special 
mailing arrangement costs, will be charged to you at the rates set 
forth in Sec.  404.7(e) of this chapter.
    (d) You may request that a copying fee not be charged or, 
alternatively, be reduced, by submitting a written petition to ABMC's 
General Counsel (see Sec.  407.3) asserting that you are indigent. If 
the General Counsel determines, based on the petition, that you are 
indigent and that ABMC's resources permit a waiver of all or part of 
the fee, the General Counsel may, in his or her discretion, waive or 
reduce the copying fee.
    (e) All fees shall be paid before any copying request is 
undertaken. Payments shall be made by check or money order payable to 
``American Battle Monuments Commission.''


Sec.  407.9   Procedures for accessing accountings of disclosures made 
by ABMC from its systems of records.

    (a) The Office of the General Counsel shall maintain a log 
containing the date, nature, and purpose of each disclosure of a record 
to any person or to another agency. Such accounting also shall contain 
the name and address of the person or agency to whom each disclosure 
was made. This log need not include disclosures made to ABMC employees 
in the course of their official duties, or pursuant to the provisions 
of the Freedom of Information Act (5 U.S.C. 552).
    (b) ABMC will retain the accounting of each disclosure for at least 
five years after the disclosure for which the accounting is made or for 
the life of the record that was disclosed, whichever is longer.
    (c) ABMC will make the accounting of disclosures of a record 
pertaining to you available to you at your request. Such a request 
should be made in accordance with the procedures set forth in Sec.  
407.4. This paragraph (c) does not apply to disclosures made for law 
enforcement purposes under 5 U.S.C. 552a(b)(7).

[FR Doc. 2017-17281 Filed 8-16-17; 8:45 am]
 BILLING CODE 6120-01-P



                                                                           Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Proposed Rules                                           39067

                                                  26, 1979); and (3) does not warrant                        AMERICAN BATTLE MONUMENTS                             hazards to their security or integrity that
                                                  preparation of a regulatory evaluation as                  COMMISSION                                            could result in substantial harm,
                                                  the anticipated impact is so minimal.                                                                            embarrassment, inconvenience, or
                                                  Since this is a routine matter that will                   36 CFR Part 407                                       unfairness to any individual about
                                                  only affect air traffic procedures and air                 RIN 3263–AA00                                         whom information is maintained.
                                                  navigation, it is certified that this                                                                              • Ensures that guidance, assistance,
                                                  proposed rule, when promulgated, will                      ABMC Privacy Program                                  and subject matter expert support are
                                                  not have a significant economic impact                                                                           provided ABMC staff, contractors and
                                                  on a substantial number of small entities                  AGENCY:  American Battle Monuments                    the public as needed in the
                                                  under the criteria of the Regulatory                       Commission.                                           implementation and execution of and
                                                  Flexibility Act.                                           ACTION: Proposed rule.                                compliance with the ABMC Privacy
                                                                                                                                                                   Program.
                                                  Environmental Review                                       SUMMARY:   This rule provides guidance                  • Ensures that laws, policies,
                                                     This proposal would be subject to an                    and assigns responsibility for the                    procedures, and systems for protecting
                                                  environmental analysis in accordance                       privacy program under the American                    individual privacy rights are
                                                  with FAA Order 1050.1F,                                    Battle Monuments Commission (ABMC)                    implemented throughout ABMC.
                                                  ‘‘Environmental Impacts: Policies and                      pursuant to the Privacy Act of 1974 and
                                                  Procedures’’ prior to any FAA final                        applicable Office of Management Budget                Regulatory Procedures
                                                  regulatory action.                                         (OMB) guidance.                                       Executive Order 12866, Regulatory
                                                                                                             DATES: Send comments on or before                     Planning and Review, and Executive
                                                  Lists of Subjects in 14 CFR Part 71
                                                                                                             October 16, 2017.                                     Order 13563, Improving Regulation and
                                                    Airspace, Incorporation by reference,                    ADDRESSES: You may send comments,                     Regulatory Review
                                                  Navigation (air).                                          identified by RIN number, by the
                                                                                                                                                                      Executive Orders 12866 and 13563
                                                  The Proposed Amendment                                     following method:
                                                                                                               • Federal Rulemaking Portal: http://                direct agencies to assess all costs and
                                                    In consideration of the foregoing, the                                                                         benefits of available regulatory
                                                                                                             www.regulations.gov.
                                                  Federal Aviation Administration                              Follow the instructions for submitting              alternatives and, if regulation is
                                                  proposes to amend 14 CFR part 71 as                        comments. All submissions received                    necessary, to select regulatory
                                                  follows:                                                   must include the agency name and                      approaches that maximize net benefits
                                                                                                             docket number or RIN for this                         (including potential economic,
                                                  PART 71—DESIGNATION OF CLASS A,                                                                                  environmental, public health and safety
                                                  B, C, D, AND E AIRSPACE AREAS; AIR                         document. The general policy for
                                                                                                             comments and other submissions from                   effects, distributive impacts, and
                                                  TRAFFIC SERVICE ROUTES; AND                                                                                      equity). Executive Order 13563
                                                  REPORTING POINTS                                           members of the public is to make these
                                                                                                             submissions available for public                      emphasizes the importance of
                                                                                                             viewing at http://www.regulations.gov                 quantifying both costs and benefits, of
                                                  ■ 1. The authority citation for part 71
                                                                                                             as they are received without change,                  reducing costs, of harmonizing rules,
                                                  continues to read as follows:
                                                                                                             including any personal identifiers or                 and of promoting flexibility. This rule
                                                    Authority: 49 U.S.C. 106(f), 106(g); 40103,                                                                    benefits the public and the United
                                                  40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,               contact information.
                                                                                                                                                                   States Government by providing clear
                                                  1959–1963 Comp., p. 389.                                   FOR MORE INFORMATION CONTACT: Edwin
                                                                                                                                                                   procedures for members of the public,
                                                                                                             L. Fountain, General Counsel, American                contractors, and employees to follow
                                                  § 71.1       [Amended]
                                                                                                             Battle Monuments Commission, 2300                     with regard to the ABMC privacy
                                                  ■ 2. The incorporation by reference in                     Clarendon Boulevard Suite 500,
                                                  14 CFR 71.1 of FAA Order 7400.11A,                                                                               program. This rule has been designated
                                                                                                             Arlington VA 22201, fountaine@                        a not significant regulatory action.
                                                  Airspace Designations and Reporting                        abmc.gov.
                                                  Points, dated August 3, 2016, effective                                                                          Unfunded Mandates Reform Act
                                                  September 15, 2016, is amended as                          SUPPLEMENTARY INFORMATION:      The
                                                  follows:                                                   authority for this rulemaking is 5 U.S.C.               Section 202 of the Unfunded
                                                                                                             552a, the Privacy Act of 1974, as                     Mandates Reform Act of 1995 (UMRA)
                                                  Paragraph 6005 Class E Airspace Areas                      amended, which requires the                           (2 U.S.C. 1532) requires agencies to
                                                  Extending Upward From 700 Feet or More                                                                           assess anticipated costs and benefits
                                                                                                             implementation of the Act by Federal
                                                  Above the Surface of the Earth.
                                                                                                             agencies.                                             before issuing any rule whose mandates
                                                  *        *      *       *      *                              This action ensures that ABMC’s                    require spending in any 1 year of $100
                                                  ANE ME E5 Deblois Flight Strip, Deblois,                   collection, use, maintenance, or                      million in 1995 dollars, updated
                                                  ME [New]                                                   dissemination of information about                    annually for inflation. In 2016, that
                                                  Deblois Flight Strip, ME                                   individuals for purposes of discharging               threshold is approximately $146
                                                     (Lat. 44°43′35″ N., long. 67°59′27″ W.)                 its statutory responsibilities will be                million. This rule will not mandate any
                                                     That airspace extending upward from 700                 performed in accordance with the                      requirements for State, local, or tribal
                                                  feet above the surface within a 7-mile radius              Privacy Act of 1974 and applicable                    governments, nor will it affect private
                                                  of Deblois Flight Strip, and within 1-mile                 OMB guidance. This rule:                              sector costs.
                                                  either side of a 135° bearing from the airport,               • Establishes rules of conduct for
                                                  extending from the 7-mile radius to 10.5                   ABMC personnel and ABMC contractors                   Public Law 96–354, Regulatory
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  miles southeast of the airport.
                                                                                                             involved in the design, development,                  Flexibility Act
                                                     Issued in College Park, Georgia, on August              operation, or maintenance of any system                  The ABMC certifies this proposed
                                                  8, 2017                                                    of records.                                           rule is not subject to the Regulatory
                                                  Ryan W. Almasy,                                               • Establishes appropriate                          Flexibility Act (5 U.S.C. Ch. 6) because
                                                  Manager, Operations Support Group, Eastern                 administrative, technical, and physical               it would not, if promulgated, have a
                                                  Service Center, Air Traffic Organization.                  safeguards to ensure the security and                 significant economic impact on a
                                                  [FR Doc. 2017–17259 Filed 8–16–17; 8:45 am]                confidentiality of records and to protect             substantial number of small entities.
                                                  BILLING CODE 4910–13–P                                     against any anticipated threats or                    Therefore, the Regulatory Flexibility


                                             VerDate Sep<11>2014      17:29 Aug 16, 2017   Jkt 241001   PO 00000   Frm 00019   Fmt 4702   Sfmt 4702   E:\FR\FM\17AUP1.SGM   17AUP1


                                                  39068                 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Proposed Rules

                                                  Act, as amended, does not require                       part apply to all records maintained by               9 a.m. and 5 p.m., to schedule an
                                                  ABMC to prepare a regulatory flexibility                ABMC that are retrieved by an                         appointment to make such a request in
                                                  analysis.                                               individual’s name or by some                          person. A request for records should be
                                                                                                          identifying number, symbol, or other                  presented in writing and should identify
                                                  Executive Order 13132, Federalism
                                                                                                          identifying particular assigned to the                specifically the ABMC system(s)
                                                     Executive Order 13132 establishes                    individual. These regulations establish               involved. Your request to access records
                                                  certain requirements that an agency                     procedures by which an individual may                 pertaining to you will be treated as a
                                                  must meet when it promulgates a                         exercise the rights granted by the                    request under both the Privacy Act, as
                                                  proposed rule (and subsequent final                     Privacy Act to determine whether an                   implemented by this part, and the
                                                  rule) that imposes substantial direct                   ABMC system of records contains a                     Freedom of Information Act (5 U.S.C.
                                                  requirement costs on State and local                    record pertaining to him or her; to gain              552), as implemented by part 404 of this
                                                  governments, preempts State law, or                     access to such records; and to request                title (36 CFR 404.1 through 404.10).
                                                  otherwise has Federalism implications.                  correction or amendment of such                          (b) Access to the records, or to any
                                                  This rule will not have a substantial                   records. These rules should be read                   other information pertaining to you that
                                                  effect on the States; the relationship                  together with the Privacy Act, which                  is contained in the system, shall be
                                                  between the National Government and                     provides additional information about                 provided if the identification
                                                  the States; or the distribution of power                records maintained on individuals.                    requirements of § 407.5 are satisfied and
                                                  and responsibilities among the various                                                                        the records are determined otherwise to
                                                  levels of Government.                                   § 407.2   Definitions.                                be releasable under the Privacy Act and
                                                                                                            The definitions in subsection (a) of                these regulations. ABMC shall provide
                                                  Public Law 96–511, Paperwork                            the Privacy Act (5 U.S.C. 552a(a)) apply
                                                  Reduction Act                                                                                                 you an opportunity to have a copy made
                                                                                                          to this part. In addition, as used in this            of any such records about you. Only one
                                                    It has been determined that this rule                 part:                                                 copy of each requested record will be
                                                  does not impose reporting or record                       ABMC means the American Battle                      supplied, based on the fee schedule in
                                                  keeping requirements under the                          Monuments Commission;                                 § 407.8.
                                                  Paperwork Reduction Act of 1995 (44                       ABMC system means a system of                          (c) ABMC will comply promptly with
                                                  U.S.C. Chapter 35).                                     records maintained by ABMC;                           requests made in person at scheduled
                                                                                                            Business day means a calendar day,                  appointments, if the requirements of
                                                  List of Subjects in 36 CFR Part 407                     excluding Saturdays, Sundays, and legal               this section are met and the records
                                                    Privacy.                                              public holidays.                                      sought are immediately available.
                                                    Dated: August 10, 2017.                                 General Counsel means the General
                                                                                                                                                                ABMC will acknowledge, within 10
                                                                                                          Counsel of ABMC, or his or her
                                                  Robert J. Dalessandro,                                                                                        business days, mailed requests or
                                                                                                          designee.
                                                  Acting Secretary, ABMC.                                                                                       personal requests for records that are
                                                                                                            Individual means a citizen of the
                                                  ■ 36 CFR Chapter IV is proposed to be                                                                         not immediately available, and the
                                                                                                          United States or an alien lawfully
                                                  amended by adding part 407 to read as                                                                         information requested will be provided
                                                                                                          admitted for permanent residence.
                                                  follows:                                                  Privacy Act or Act means the Privacy                promptly thereafter.
                                                                                                                                                                   (d) If you make your request in person
                                                                                                          Act of 1974, as amended (5 U.S.C. 552a);
                                                  PART 407—IMPLEMENTATION OF THE                            Secretary means the Secretary of                    at a scheduled appointment, you may,
                                                  PRIVACY ACT OF 1974                                     ABMC, or his or her designee;                         upon your request, be accompanied by
                                                                                                            You, your, or other references to the               a person of your choice to review your
                                                  Sec.                                                                                                          records. ABMC may require that you
                                                  407.1 Purpose and scope of the regulations              reader of the regulations in this part are
                                                                                                          meant to apply to the individual to                   furnish a written statement authorizing
                                                       in this part.
                                                  407.2 Definitions.                                      whom a record pertains.                               discussion of your records in the
                                                  407.3 Inquiries about ABMC’s systems of                                                                       accompanying person’s presence. A
                                                       records or implementation of the Privacy           § 407.3 Inquiries about ABMC’s systems of             record may be disclosed to a
                                                       Act.                                               records or implementation of the Privacy              representative chosen by you upon your
                                                  407.4 Procedures for acquiring access to                Act.                                                  proper written consent.
                                                       ABMC records pertaining to an                        Inquiries about ABMC’s systems of                      (e) Medical or psychological records
                                                       individual.                                        records or implementation of the                      pertaining to you shall be disclosed to
                                                  407.5 Identification required when                      Privacy Act should be sent to the                     you unless, in the judgment of ABMC,
                                                       requesting access to ABMC records                  following address: American Battle                    access to such records might have an
                                                       pertaining to an individual.
                                                  407.6 Procedures for amending or
                                                                                                          Monuments Commission, Office of the                   adverse effect upon you. When such a
                                                       correcting an individual’s ABMC record.            General Counsel, 2300 Clarendon                       determination has been made, ABMC
                                                  407.7 Procedures for appealing a refusal to             Boulevard, Suite 500, Arlington VA                    may refuse to disclose such information
                                                       amend or correct an ABMC record.                   22201.                                                directly to you. ABMC will, however,
                                                  407.8 Fees charged to locate, review, or                                                                      disclose this information to you through
                                                       copy records.                                      § 407.4 Procedures for accessing ABMC
                                                                                                          records pertaining to an individual.
                                                                                                                                                                a licensed physician designated by you
                                                  407.9 Procedures for maintaining accounts                                                                     in writing.
                                                       of disclosures made by ABMC from its                  The following procedures apply to                     (f) If you are unsatisfied with an
                                                       systems of records.                                records that are contained in an ABMC                 adverse determination on your request
                                                                                                          system:
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                                                      Authority: 5 U.S.C. 552a(f).                                                                              to access records pertaining to you, you
                                                                                                             (a) You may request to be notified if
                                                                                                                                                                may appeal that determination using the
                                                  § 407.1 Purpose and scope of the                        a system of records that you name
                                                  regulations in this part.
                                                                                                                                                                procedures set forth in § 407.7(a).
                                                                                                          contains records pertaining to you, and
                                                    The regulations in this part set forth                to review any such records, by writing                § 407.5 Identification required when
                                                  ABMC’s procedures under the Privacy                     to the Office of the General Counsel (see             requesting access to ABMC records
                                                  Act, as required by 5 U.S.C. 552a(f),                   § 407.3). You also may call the Office of             pertaining to an individual.
                                                  with respect to systems of records                      the General Counsel at (703) 696–6902                   ABMC will require reasonable
                                                  maintained by ABMC. The rules in this                   on business days, between the hours of                identification of all individuals who


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                                                                        Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Proposed Rules                                            39069

                                                  request access to records in an ABMC                       (d) If after receiving and investigating           recipients of the record will be informed
                                                  system to ensure that records are                       your request, the General Counsel agrees              of the corrective action taken.
                                                  disclosed to the proper person.                         that the record is not accurate, timely,                 (e) If your appeal is denied, you will
                                                     (a) The amount of personal                           or complete, based on a preponderance                 be informed in writing of the following:
                                                  identification required will of necessity               of the evidence, then the record will be                 (1) The denial and the reasons for the
                                                  vary with the sensitivity of the record                 corrected or amended promptly. The                    denial;
                                                  involved. In general, if you request                    record will be deleted without regard to                 (2) That you may submit to ABMC a
                                                  disclosure in person, you will be                       its accuracy, if the record is not relevant           concise statement setting forth the
                                                  required to show an identification card,                or necessary to accomplish the ABMC                   reasons for your disagreement as to the
                                                  such as a driver’s license, containing                  function for which the record was                     disputed record. Under the procedures
                                                  your photograph and sample signature.                   provided or is maintained. In either                  set forth in subsection (f) of this section,
                                                  However, with regard to records in                      case, you will be informed in writing of              your statement will be disclosed
                                                  ABMC systems that contain particularly                  the amendment, correction, or deletion.               whenever the disputed record is
                                                  sensitive and/or detailed personal                      In addition, if accounting was made of                disclosed; and
                                                  information, ABMC reserves the right to                 prior disclosures of the record, all                     (3) That you may seek judicial review
                                                  require additional means of                             previous recipients of the record will be             of the Secretary’s determination under 5
                                                  identification as are appropriate under                 informed of the corrective action taken.              U.S.C. 552a(g)(1).
                                                  the circumstances. These means                             (e) If after receiving and investigating              (f) Whenever you submit a statement
                                                  include, but are not limited to, requiring              your request, the General Counsel does                of disagreement to ABMC in accordance
                                                  you to sign a statement under oath as to                not agree that the record should be                   with paragraph (e)(2) of this section, the
                                                  your identity, acknowledging that you                   amended or corrected, you will be                     record will be annotated to indicate that
                                                  are aware of the criminal penalties for                 informed promptly in writing of the                   it is disputed. In any subsequent
                                                  requesting or obtaining records under                   refusal to amend or correct the record                disclosure, a copy of your statement of
                                                  false pretenses or falsifying information               and the reason for this decision. You                 disagreement will be disclosed with the
                                                  (see 5 U.S.C. 552a(i)(3); 18 U.S.C. 1001).              also will be informed that you may                    record. If ABMC deems it appropriate, a
                                                     (b) If you request disclosure by mail,               appeal this refusal in accordance with                concise statement of the Secretary’s
                                                  ABMC will request such information as                   § 407.7.                                              reasons for denying your appeal also
                                                  may be necessary to ensure that you are                    (f) Requests to amend or correct a                 may be disclosed with the record. While
                                                  properly identified and for a response to               record governed by the regulations of                 you will have access to this statement of
                                                  be sent. Authorized means to achieve                    another agency will be forwarded to                   the Secretary’s reasons for denying your
                                                  this goal include, but are not limited to,              such agency for processing, and you                   appeal, such statement will not be
                                                  requiring that a mail request include a                 will be informed in writing of this                   subject to correction or amendment.
                                                  signed, notarized statement asserting                   referral.                                             Where an accounting was made of prior
                                                  your identity or a statement signed
                                                                                                                                                                disclosures of the record, all previous
                                                  under oath as described in subsection                   § 407.7 Procedures for appealing a refusal
                                                                                                          to amend or correct an ABMC record.                   recipients of the record will be provided
                                                  (a) of this section.
                                                                                                                                                                a copy of your statement of
                                                                                                            (a) You may appeal a refusal to amend               disagreement, as well as any statement
                                                  § 407.6 Procedures for amending or
                                                  correcting an individual’s ABMC record.
                                                                                                          or correct a record to the Secretary of               of the Secretary’s reasons for denying
                                                                                                          ABMC. Such appeal must be made in                     your appeal deemed appropriate.
                                                    (a) You are entitled to request                       writing within 30 business days of your
                                                  amendments to or corrections of records                 receipt of the initial refusal to amend or            § 407.8 Fees charged to locate, review, or
                                                  pertaining to you that you believe are                  correct your record. Your appeal should               copy records.
                                                  not accurate, relevant, timely, or                      be sent to the Office of the General
                                                  complete, pursuant to the provisions of                                                                         (a) ABMC will charge no fees for
                                                                                                          Counsel (see § 407.3), should indicate                search time or for any other time
                                                  the Privacy Act, including 5 U.S.C.                     that it is an appeal, and should include
                                                  552a(d)(2). Such a request should be                                                                          expended by ABMC to review a record.
                                                                                                          the basis for the appeal.                             However, ABMC may charge fees where
                                                  made in writing and addressed to the
                                                                                                            (b) The Secretary will review your                  you request that a copy be made of a
                                                  Office of the General Counsel (see
                                                                                                          request to amend or correct the record,               record to which you have been granted
                                                  § 407.3).
                                                    (b) Your request for amendments or                    the General Counsel’s refusal, and any                access. Where a copy of the record must
                                                  corrections should specify the                          other pertinent material relating to the              be made in order to provide access to
                                                  following:                                              appeal. No hearing will be held.                      the record (e.g., computer printout
                                                    (1) The particular record that you are                  (c) The Secretary shall render his or               where no screen reading is available),
                                                  seeking to amend or correct;                            her decision on your appeal within 30                 the copy will be made available to you
                                                    (2) The ABMC system from which the                    business days of its receipt by ABMC,                 without cost.
                                                  record was retrieved;                                   unless the Secretary, for good cause                    (b) Copies of records made by
                                                    (3) The precise correction or                         shown, extends the 30-day period.                     photocopy or similar process will be
                                                  amendment you desire, preferably in the                 Should the Secretary extend the appeal                charged to you at the rate of $0.15 per
                                                  form of an edited copy of the record                    period, you will be informed in writing               page. Where records are not susceptible
                                                  reflecting the desired modification; and                of the extension and the circumstances                to photocopying (e.g., punch cards,
                                                    (4) Your reasons for requesting                       of the delay.                                         magnetic tapes, or oversize materials),
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                                                  amendment or correction of the record.                    (d) If the Secretary determines that the            you will be charged actual cost as
                                                    (c) ABMC will acknowledge a request                   record that is the subject of the appeal              determined on a case-by-case basis.
                                                  for amendment or correction of a record                 should be amended or corrected, the                   Copying fees will not be charged if the
                                                  within 10 business days of its receipt,                 record will be so modified, and you will              cost of collecting a fee would be equal
                                                  unless the request can be processed and                 be informed in writing of the                         to or greater than the fee itself. Copying
                                                  the individual informed of the General                  amendment or correction. Where an                     fees for contemporaneous requests by
                                                  Counsel’s decision on the request                       accounting was made of prior                          the same individual shall be aggregated
                                                  within that 10-day period.                              disclosures of the record, all previous               to determine the total fee.


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                                                  39070                 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Proposed Rules

                                                    (c) Special and additional services                   ENVIRONMENTAL PROTECTION                              instructions for submitting comments.
                                                  provided at your request, such as                       AGENCY                                                Once submitted, comments cannot be
                                                  certification or authentication, postal                                                                       edited or removed from Regulations.gov.
                                                  insurance, and special mailing                          40 CFR Part 52                                        EPA may publish any comment received
                                                  arrangement costs, will be charged to                   [EPA–R04–OAR–2017–0415; FRL–9966–45–                  to its public docket. Do not submit
                                                  you at the rates set forth in § 404.7(e) of             Region 4]                                             electronically any information you
                                                  this chapter.                                                                                                 consider to be Confidential Business
                                                                                                          Air Plan Approval; Alabama; Cross-                    Information (CBI) or other information
                                                    (d) You may request that a copying fee                State Air Pollution Rule                              whose disclosure is restricted by statute.
                                                  not be charged or, alternatively, be                                                                          Multimedia submissions (audio, video,
                                                  reduced, by submitting a written                        AGENCY:  Environmental Protection
                                                                                                                                                                etc.) must be accompanied by a written
                                                  petition to ABMC’s General Counsel                      Agency (EPA).
                                                                                                                                                                comment. The written comment is
                                                  (see § 407.3) asserting that you are                    ACTION: Proposed rule.
                                                                                                                                                                considered the official comment and
                                                  indigent. If the General Counsel                                                                              should include discussion of all points
                                                                                                          SUMMARY:   The Environmental Protection
                                                  determines, based on the petition, that                 Agency (EPA) is proposing to approve                  you wish to make. EPA will generally
                                                  you are indigent and that ABMC’s                        portions of the October 26, 2015, and                 not consider comments or comment
                                                  resources permit a waiver of all or part                May 19, 2017, State Implementation                    contents located outside of the primary
                                                  of the fee, the General Counsel may, in                 Plan (SIP) revisions from Alabama                     submission (i.e., on the web, cloud, or
                                                  his or her discretion, waive or reduce                  replacing the Cross-State Air Pollution               other file sharing system). For
                                                  the copying fee.                                        Rule (CSAPR) federal implementation                   additional submission methods, the full
                                                    (e) All fees shall be paid before any                 plan (FIP). Under CSAPR, large                        EPA public comment policy,
                                                  copying request is undertaken.                          electricity generating units (EGUs) in                information about CBI or multimedia
                                                  Payments shall be made by check or                      Alabama are subject to FIP provisions                 submissions, and general guidance on
                                                                                                          requiring the units to participate in a               making effective comments, please visit
                                                  money order payable to ‘‘American
                                                                                                          federal allowance trading program for                 http://www2.epa.gov/dockets/
                                                  Battle Monuments Commission.’’
                                                                                                          ozone season emissions of nitrogen                    commenting-epa-dockets.
                                                  § 407.9 Procedures for accessing                        oxides (NOX). This action would                       FOR FURTHER INFORMATION CONTACT:
                                                  accountings of disclosures made by ABMC                 approve into Alabama’s SIP the State’s                Ashten Bailey, Air Regulatory
                                                  from its systems of records.                            regulations requiring Alabama’s affected              Management Section, Air, Pesticides
                                                                                                          units to participate in a new state                   and Toxics Management Division, U.S.
                                                     (a) The Office of the General Counsel
                                                                                                          allowance trading program for ozone                   Environmental Protection Agency,
                                                  shall maintain a log containing the date,               season NOX emissions integrated with
                                                  nature, and purpose of each disclosure                                                                        Region 4, 61 Forsyth Street SW.,
                                                                                                          the CSAPR federal trading programs,                   Atlanta, Georgia 30303–8960. Ms. Bailey
                                                  of a record to any person or to another                 replacing the corresponding CSAPR FIP
                                                  agency. Such accounting also shall                                                                            can be reached by telephone at (404)
                                                                                                          requirements for Alabama. This state
                                                  contain the name and address of the                                                                           562–9164 or via electronic mail at
                                                                                                          trading program is substantively
                                                  person or agency to whom each                                                                                 bailey.ashten@epa.gov.
                                                                                                          identical to the federal trading program
                                                  disclosure was made. This log need not                  except with regard to the provisions                  SUPPLEMENTARY INFORMATION:
                                                  include disclosures made to ABMC                        allocating emission allowances among
                                                                                                                                                                I. Summary
                                                  employees in the course of their official               Alabama units. Under the CSAPR
                                                  duties, or pursuant to the provisions of                regulations, final approval of these                     EPA is proposing to approve the
                                                  the Freedom of Information Act (5                       portions of the SIP revisions would                   portions of the October 26, 2015, and
                                                  U.S.C. 552).                                            automatically eliminate Alabama units’                May 19, 2017, SIP revisions from
                                                     (b) ABMC will retain the accounting                  FIP requirements to participate in                    Alabama concerning CSAPR 1 allowance
                                                  of each disclosure for at least five years              CSAPR’s federal allowance trading                     trading programs for ozone season
                                                                                                          program for ozone season NOX                          emissions of NOX. Large EGUs in
                                                  after the disclosure for which the
                                                                                                          emissions. Approval would also fully                  Alabama are currently subject to CSAPR
                                                  accounting is made or for the life of the
                                                                                                          satisfy Alabama’s good neighbor                       FIPs that require the units to participate
                                                  record that was disclosed, whichever is                 obligation under the Clean Air Act                    in the federal CSAPR NOX Group 2
                                                  longer.                                                 (CAA or Act) to prohibit emissions                    Ozone Season Trading Program. The
                                                     (c) ABMC will make the accounting of                 which will significantly contribute to                CSAPR regulations provide a process for
                                                  disclosures of a record pertaining to you               nonattainment or interfere with                       the submission and approval of SIP
                                                  available to you at your request. Such a                maintenance of the 1997 8-hour Ozone                  revisions to replace the requirements of
                                                  request should be made in accordance                    National Ambient Air Quality Standards                CSAPR FIPs with SIP requirements
                                                  with the procedures set forth in § 407.4.               (NAAQS) in any other state; and would                 under which a state’s units participate
                                                  This paragraph (c) does not apply to                    partially satisfy Alabama’s good                      in CSAPR state trading programs that
                                                  disclosures made for law enforcement                    neighbor obligation under the CAA to                  are integrated with and, with certain
                                                  purposes under 5 U.S.C. 552a(b)(7).                     prohibit emissions which will                         permissible exceptions, substantively
                                                  [FR Doc. 2017–17281 Filed 8–16–17; 8:45 am]
                                                                                                          significantly contribute to
                                                                                                          nonattainment or interfere with                         1 Cross-State Air Pollution Rule Update for the
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                                                  BILLING CODE 6120–01–P
                                                                                                          maintenance of the 2008 8-hour Ozone                  2008 Ozone NAAQS (CSAPR Update), 81 FR 74504
                                                                                                          NAAQS in any other state.                             (October 26, 2016) (codified as amended at 40 CFR
                                                                                                                                                                52.38 and 52.39 and subparts AAAAA through
                                                                                                          DATES: Comments must be received on                   EEEEE of 40 CFR part 97); see also Federal
                                                                                                          or before September 18, 2017.                         Implementation Plans; Interstate Transport of Fine
                                                                                                          ADDRESSES: Submit your comments,                      Particulate Matter and Ozone and Correction of SIP
                                                                                                                                                                Approvals, 76 FR 48208 (August 8, 2011). EPA
                                                                                                          identified by Docket ID No. EPA–R04–                  previously approved a SIP revision that replaced
                                                                                                          OAR–2017–0415 at http://                              the CSAPR FIPs for the annual trading programs in
                                                                                                          www.regulations.gov. Follow the online                Alabama. See 81 FR 59869 (Aug. 31, 2016).



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Document Created: 2017-08-17 01:43:02
Document Modified: 2017-08-17 01:43:02
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesSend comments on or before October 16, 2017.
FR Citation82 FR 39067 
RIN Number3263-AA00

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