83_FR_13711 83 FR 13649 - ABMC Privacy Program

83 FR 13649 - ABMC Privacy Program

AMERICAN BATTLE MONUMENTS COMMISSION

Federal Register Volume 83, Issue 62 (March 30, 2018)

Page Range13649-13652
FR Document2018-06528

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 83 Issue 62 (Friday, March 30, 2018)
[Federal Register Volume 83, Number 62 (Friday, March 30, 2018)]
[Rules and Regulations]
[Pages 13649-13652]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06528]


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AMERICAN BATTLE MONUMENTS COMMISSION

36 CFR Part 407

RIN 3263-AA00


ABMC Privacy Program

AGENCY: American Battle Monuments Commission.

ACTION: Final 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: This rule is effective April 30, 2018.

FOR FURTHER INFORMATION CONTACT: Edwin L. Fountain, General Counsel, 
American Battle Monuments Commission, 2300 Clarendon Boulevard, Suite 
500, Arlington, VA 22201, 703-696-6907, [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

[[Page 13650]]

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.

Notice of Proposed Rule

    The proposed rule was published at 82 FR 39067 (August 17, 2017). 
ABMC received one comment that was not germane. Accordingly this rule 
is being finalized with no changes.

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 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 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.

    For the reasons set forth in the Preamble, the American Battle 
Monuments Commission amends 36 CFR chapter IV by adding part 407 to 
read as follows:

PART 407--PROCEDURES AND GUIDELINES FOR COMPLIANCE WITH 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 acquiring access to 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)

[[Page 13651]]

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 
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 paragraph (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;

[[Page 13652]]

    (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 paragraph (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.
    (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 maintaining accounts 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).

    Dated: March 27, 2018.
Robert J. Dalessandro,
Deputy Secretary, ABMC.
[FR Doc. 2018-06528 Filed 3-29-18; 8:45 am]
 BILLING CODE 6120-01-P



                                                               Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Rules and Regulations                                               13649

                                           Unfunded Mandates                                       Service directives pertaining to law                    Dated: March 22, 2018.
                                             Pursuant to Title II of the Unfunded                  enforcement and investigations;                       Daniel James Jiron,
                                           Mandates Reform Act of 1995 (2 U.S.C.                   personnel matters; procurement;                       Acting Deputy Under Secretary, Natural
                                           1531–1538), the Agency has assessed                     administrative support activities such as             Resources and Environment, USDA.
                                           the effects of this final rule on State,                budget and finance; business operations;              [FR Doc. 2018–06130 Filed 3–29–18; 8:45 am]
                                           local, and Tribal governments and the                   and activities undertaken by the Forest               BILLING CODE 3411–15–P
                                           private sector. This rule will not compel               Service on behalf of other Federal
                                           the expenditure of $100 million or more                 agencies. To the extent that any other
                                           by any State, local, or Tribal                          part in this chapter of the Code of                   AMERICAN BATTLE MONUMENTS
                                           government, or any entity in the private                Federal Regulations requires greater                  COMMISSION
                                           sector. Therefore, a statement under                    opportunities for the public to
                                           section 202 of the Act is not required.                 participate with respect to policymaking              36 CFR Part 407
                                           Controlling Paperwork Burdens on the                    or the issuance of directives than are                RIN 3263–AA00
                                           Public                                                  required by this part, the other Part shall
                                                                                                   be controlling.                                       ABMC Privacy Program
                                             This final rule does not contain any
                                           recordkeeping or reporting requirements                 § 216.2   Definition.                                 AGENCY:  American Battle Monuments
                                           or other information collection                                                                               Commission.
                                                                                                     Directive means the contents of the                 ACTION: Final rule.
                                           requirements as defined in 5 CFR part
                                           1320 that are not already required by                   Forest Service Manual and Forest
                                                                                                   Service Handbooks issued by the Office                SUMMARY:    This rule provides guidance
                                           law or are not already approved for use.                                                                      and assigns responsibility for the
                                           Accordingly, the review provisions of                   of the Chief, as described at 36 CFR
                                                                                                   200.4(c).                                             privacy program under the American
                                           the Paperwork Reduction Act of 1995                                                                           Battle Monuments Commission (ABMC)
                                           (44 U.S.C. 3501–3521), and its                          § 216.3 Notice and an opportunity for                 pursuant to the Privacy Act of 1974 and
                                           implementing regulations at 5 CFR part                  public comment.                                       applicable Office of Management Budget
                                           1320, do not apply.                                                                                           (OMB) guidance.
                                                                                                     (a) Prior to issuing a final directive
                                           List of Subjects in 36 CFR Part 216                     subject to this part, the Forest Service              DATES: This rule is effective April 30,
                                             Administrative practice and                           shall:                                                2018.
                                           procedure, National Forests.                              (1) Provide notice to the public of a               FOR FURTHER INFORMATION CONTACT:
                                           ■ Therefore, for the reasons set out in                 proposed directive or interim directive               Edwin L. Fountain, General Counsel,
                                           the preamble, the Forest Service revises                and provide an opportunity to submit                  American Battle Monuments
                                           part 216 of title 36 of the Code of                                                                           Commission, 2300 Clarendon
                                                                                                   comments during a comment period of
                                           Federal Regulations to read as follows:                                                                       Boulevard, Suite 500, Arlington, VA
                                                                                                   not less than 30 days in accordance with
                                                                                                                                                         22201, 703–696–6907, fountaine@
                                           PART 216—PUBLIC NOTICE AND                              the requirements this section; and,                   abmc.gov.
                                           COMMENT FOR STANDARDS,                                    (2) Review, consider and respond to
                                                                                                                                                         SUPPLEMENTARY INFORMATION: The
                                           CRITERIA, AND GUIDANCE                                  timely comments received.                             authority for this rulemaking is 5 U.S.C.
                                           APPLICABLE TO FOREST SERVICE                              (b) Notices and comments required by                552a, the Privacy Act of 1974, as
                                           PROGRAMS                                                paragraph (a) of this section shall:                  amended, which requires the
                                           Sec.                                                      (1) Be published on a schedule for                  implementation of the Act by Federal
                                           216.1 Purpose and scope.                                proposed directives and interim                       agencies.
                                           216.2 Definition.                                       directives maintained by the Forest                      This action ensures that ABMC’s
                                           216.3 Notice and opportunity for public
                                                                                                   Service in a centralized repository on                collection, use, maintenance, or
                                                comment.                                                                                                 dissemination of information about
                                           216.4 Interim directives.                               the Forest Service website.
                                                                                                                                                         individuals for purposes of discharging
                                              Authority: 16 U.S.C. 1612(a).                          (2) Provide a physical mailing address              its statutory responsibilities will be
                                                                                                   and an internet address or similar                    performed in accordance with the
                                           § 216.1   Purpose and scope.                            online resource for submitting                        Privacy Act of 1974 and applicable
                                             (a) This part sets forth the process that             comments.                                             OMB guidance. This rule:
                                           the Forest Service will use to ensure                     (c) Notices of final directives shall be               • Establishes rules of conduct for
                                           adequate notice and an opportunity for                  published on a schedule on the Forest                 ABMC personnel and ABMC contractors
                                           comment from the public, Tribal, State                  Service website.                                      involved in the design, development,
                                           and local governments, and other                                                                              operation, or maintenance of any system
                                           Federal agencies with respect to the                    § 216.4   Interim directives.                         of records.
                                           formulation in Forest Service directives                                                                         • Establishes appropriate
                                           of standards, criteria, and guidelines                    Upon a finding of good cause that an                administrative, technical, and physical
                                           applicable to Forest Service programs.                  exigency exists, an interim directive                 safeguards to ensure the security and
                                           Nothing in this Part restricts the Forest               may be effective in advance of providing              confidentiality of records and to protect
                                           Service from providing additional                       notice and an opportunity for public                  against any anticipated threats or
                                           public participation opportunities,                     comment. As described in § 216.3,                     hazards to their security or integrity that
                                           including public hearings, where                        opportunity will be given for public                  could result in substantial harm,
amozie on DSK30RV082PROD with RULES




                                           appropriate.                                            comment before the interim directive is               embarrassment, inconvenience, or
                                             (b) This part applies to the                          made final. The basis for the                         unfairness to any individual about
                                           formulation in Forest Service directives                determination that good cause exists for              whom information is maintained.
                                           of standards, criteria, and guidelines                  the issuance of an interim directive                     • Ensures that guidance, assistance,
                                           applicable to Forest Service programs.                  shall be published at the time the                    and subject matter expert support are
                                           This part does not apply to Forest                      directive is issued.                                  provided ABMC staff, contractors and


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                                           13650               Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Rules and Regulations

                                           the public as needed in the                             Executive Order 13132, Federalism                     identifying particular assigned to the
                                           implementation and execution of and                        Executive Order 13132 establishes                  individual. These regulations establish
                                           compliance with the ABMC Privacy                        certain requirements that an agency                   procedures by which an individual may
                                           Program.                                                must meet when it promulgates a                       exercise the rights granted by the
                                             • Ensures that laws, policies,                        proposed rule (and subsequent final                   Privacy Act to determine whether an
                                           procedures, and systems for protecting                  rule) that imposes substantial direct                 ABMC system of records contains a
                                           individual privacy rights are                           requirement costs on State and local                  record pertaining to him or her; to gain
                                           implemented throughout ABMC.                                                                                  access to such records; and to request
                                                                                                   governments, preempts State law, or
                                           Notice of Proposed Rule                                 otherwise has Federalism implications.                correction or amendment of such
                                                                                                   This rule will not have a substantial                 records. These rules should be read
                                              The proposed rule was published at                                                                         together with the Privacy Act, which
                                           82 FR 39067 (August 17, 2017). ABMC                     effect on the States; the relationship
                                                                                                   between the National Government and                   provides additional information about
                                           received one comment that was not                                                                             records maintained on individuals.
                                           germane. Accordingly this rule is being                 the States; or the distribution of power
                                           finalized with no changes.                              and responsibilities among the various                § 407.2    Definitions.
                                                                                                   levels of Government.                                   The definitions in subsection (a) of
                                           Regulatory Procedures
                                                                                                   Public Law 96–511, Paperwork                          the Privacy Act (5 U.S.C. 552a(a)) apply
                                           Executive Order 12866, Regulatory                       Reduction Act                                         to this part. In addition, as used in this
                                           Planning and Review, and Executive                                                                            part:
                                           Order 13563, Improving Regulation and                     It has been determined that this rule
                                                                                                                                                           ABMC means the American Battle
                                           Regulatory Review                                       does not impose reporting or record
                                                                                                                                                         Monuments Commission.
                                                                                                   keeping requirements under the                          ABMC system means a system of
                                              Executive Orders 12866 and 13563                     Paperwork Reduction Act of 1995 (44
                                           direct agencies to assess all costs and                                                                       records maintained by ABMC.
                                                                                                   U.S.C. Chapter 35).                                     Business day means a calendar day,
                                           benefits of available regulatory
                                           alternatives and, if regulation is                      List of Subjects in 36 CFR Part 407                   excluding Saturdays, Sundays, and legal
                                           necessary, to select regulatory                                                                               public holidays.
                                                                                                     Privacy.
                                           approaches that maximize net benefits                                                                           General Counsel means the General
                                                                                                     For the reasons set forth in the                    Counsel of ABMC or his or her designee.
                                           (including potential economic,                          Preamble, the American Battle                           Individual means a citizen of the
                                           environmental, public health and safety                 Monuments Commission amends 36                        United States or an alien lawfully
                                           effects, distributive impacts, and                      CFR chapter IV by adding part 407 to                  admitted for permanent residence.
                                           equity). Executive Order 13563                          read as follows:                                        Privacy Act or Act means the Privacy
                                           emphasizes the importance of
                                                                                                                                                         Act of 1974, as amended (5 U.S.C. 552a).
                                           quantifying both costs and benefits, of                 PART 407—PROCEDURES AND                                 Secretary means the Secretary of
                                           reducing costs, of harmonizing rules,                   GUIDELINES FOR COMPLIANCE WITH                        ABMC or his or her designee.
                                           and of promoting flexibility. This rule                 THE PRIVACY ACT OF 1974                                 You, your, or other references to the
                                           benefits the public and the United                                                                            reader of the regulations in this part are
                                           States Government by providing clear                    Sec.
                                                                                                   407.1 Purpose and scope of the regulations            meant to apply to the individual to
                                           procedures for members of the public,                                                                         whom a record pertains.
                                                                                                        in this part.
                                           contractors, and employees to follow                    407.2 Definitions.
                                           with regard to the ABMC privacy                         407.3 Inquiries about ABMC’s systems of               § 407.3 Inquiries about ABMC’s systems of
                                           program. This rule has been designated                       records or implementation of the Privacy         records or implementation of the Privacy
                                           a not significant regulatory action.                         Act.                                             Act.
                                                                                                   407.4 Procedures for acquiring access to                Inquiries about ABMC’s systems of
                                           Unfunded Mandates Reform Act                                 ABMC records pertaining to an                    records or implementation of the
                                             Section 202 of the Unfunded                                individual.                                      Privacy Act should be sent to the
                                           Mandates Reform Act of 1995 (UMRA)                      407.5 Identification required when                    following address: American Battle
                                           (2 U.S.C. 1532) requires agencies to                         requesting access to ABMC records                Monuments Commission, Office of the
                                           assess anticipated costs and benefits                        pertaining to an individual.
                                                                                                   407.6 Procedures for amending or
                                                                                                                                                         General Counsel, 2300 Clarendon
                                           before issuing any rule whose mandates                                                                        Boulevard, Suite 500, Arlington VA
                                                                                                        correcting an individual’s ABMC record.
                                           require spending in any 1 year of $100                                                                        22201.
                                                                                                   407.7 Procedures for appealing a refusal to
                                           million in 1995 dollars, updated                             amend or correct an ABMC record.
                                           annually for inflation. In 2016, that                                                                         § 407.4 Procedures for acquiring access to
                                                                                                   407.8 Fees charged to locate, review, or
                                           threshold is approximately $146                                                                               ABMC records pertaining to an individual.
                                                                                                        copy records.
                                           million. This rule will not mandate any                 407.9 Procedures for maintaining accounts                The following procedures apply to
                                           requirements for State, local, or tribal                     of disclosures made by ABMC from its             records that are contained in an ABMC
                                           governments, nor will it affect private                      systems of records.                              system:
                                           sector costs.                                             Authority: 5 U.S.C. 552a(f).                           (a) You may request to be notified if
                                                                                                                                                         a system of records that you name
                                           Public Law 96–354, Regulatory                           § 407.1 Purpose and scope of the                      contains records pertaining to you, and
                                           Flexibility Act                                         regulations in this part.                             to review any such records, by writing
                                              The ABMC certifies this rule is not                    The regulations in this part set forth              to the Office of the General Counsel (see
                                           subject to the Regulatory Flexibility Act               ABMC’s procedures under the Privacy                   § 407.3). You also may call the Office of
                                           (5 U.S.C. Ch. 6) because it would not,                  Act, as required by 5 U.S.C. 552a(f),                 the General Counsel at (703) 696–6902
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                                           if promulgated, have a significant                      with respect to systems of records                    on business days, between the hours of
                                           economic impact on a substantial                        maintained by ABMC. The rules in this                 9 a.m. and 5 p.m., to schedule an
                                           number of small entities. Therefore, the                part apply to all records maintained by               appointment to make such a request in
                                           Regulatory Flexibility Act, as amended,                 ABMC that are retrieved by an                         person. A request for records should be
                                           does not require ABMC to prepare a                      individual’s name or by some                          presented in writing and should identify
                                           regulatory flexibility analysis.                        identifying number, symbol, or other                  specifically the ABMC system(s)


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                                                               Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Rules and Regulations                                          13651

                                           involved. Your request to access records                vary with the sensitivity of the record               corrected or amended promptly. The
                                           pertaining to you will be treated as a                  involved. In general, if you request                  record will be deleted without regard to
                                           request under both the Privacy Act, as                  disclosure in person, you will be                     its accuracy, if the record is not relevant
                                           implemented by this part, and the                       required to show an identification card,              or necessary to accomplish the ABMC
                                           Freedom of Information Act (5 U.S.C.                    such as a driver’s license, containing                function for which the record was
                                           552), as implemented by part 404 of this                your photograph and sample signature.                 provided or is maintained. In either
                                           title (36 CFR 404.1 through 404.10).                    However, with regard to records in                    case, you will be informed in writing of
                                              (b) Access to the records, or to any                 ABMC systems that contain particularly                the amendment, correction, or deletion.
                                           other information pertaining to you that                sensitive and/or detailed personal                    In addition, if accounting was made of
                                           is contained in the system, shall be                    information, ABMC reserves the right to               prior disclosures of the record, all
                                           provided if the identification                          require additional means of                           previous recipients of the record will be
                                           requirements of § 407.5 are satisfied and               identification as are appropriate under               informed of the corrective action taken.
                                           the records are determined otherwise to                 the circumstances. These means                           (e) If after receiving and investigating
                                           be releasable under the Privacy Act and                 include, but are not limited to, requiring            your request, the General Counsel does
                                           these regulations. ABMC shall provide                   you to sign a statement under oath as to              not agree that the record should be
                                           you an opportunity to have a copy made                  your identity, acknowledging that you                 amended or corrected, you will be
                                           of any such records about you. Only one                 are aware of the criminal penalties for               informed promptly in writing of the
                                           copy of each requested record will be                   requesting or obtaining records under                 refusal to amend or correct the record
                                           supplied, based on the fee schedule in                  false pretenses or falsifying information             and the reason for this decision. You
                                           § 407.8.                                                (see 5 U.S.C. 552a(i)(3); 18 U.S.C. 1001).            also will be informed that you may
                                              (c) ABMC will comply promptly with                      (b) If you request disclosure by mail,             appeal this refusal in accordance with
                                           requests made in person at scheduled                    ABMC will request such information as                 § 407.7.
                                           appointments, if the requirements of                    may be necessary to ensure that you are                  (f) Requests to amend or correct a
                                           this section are met and the records                    properly identified and for a response to             record governed by the regulations of
                                           sought are immediately available.                       be sent. Authorized means to achieve                  another agency will be forwarded to
                                           ABMC will acknowledge, within 10                        this goal include, but are not limited to,            such agency for processing, and you
                                           business days, mailed requests or                       requiring that a mail request include a               will be informed in writing of this
                                           personal requests for records that are                  signed, notarized statement asserting                 referral.
                                           not immediately available, and the                      your identity or a statement signed
                                                                                                                                                         § 407.7 Procedures for appealing a refusal
                                           information requested will be provided                  under oath as described in paragraph (a)              to amend or correct an ABMC record.
                                           promptly thereafter.                                    of this section.
                                              (d) If you make your request in person                                                                       (a) You may appeal a refusal to amend
                                           at a scheduled appointment, you may,                    § 407.6 Procedures for amending or                    or correct a record to the Secretary of
                                           upon your request, be accompanied by                    correcting an individual’s ABMC record.               ABMC. Such appeal must be made in
                                           a person of your choice to review your                    (a) You are entitled to request                     writing within 30 business days of your
                                           records. ABMC may require that you                      amendments to or corrections of records               receipt of the initial refusal to amend or
                                           furnish a written statement authorizing                 pertaining to you that you believe are                correct your record. Your appeal should
                                           discussion of your records in the                       not accurate, relevant, timely, or                    be sent to the Office of the General
                                           accompanying person’s presence. A                       complete, pursuant to the provisions of               Counsel (see § 407.3), should indicate
                                           record may be disclosed to a                            the Privacy Act, including 5 U.S.C.                   that it is an appeal, and should include
                                           representative chosen by you upon your                  552a(d)(2). Such a request should be                  the basis for the appeal.
                                           proper written consent.                                 made in writing and addressed to the                    (b) The Secretary will review your
                                              (e) Medical or psychological records                 Office of the General Counsel (see                    request to amend or correct the record,
                                           pertaining to you shall be disclosed to                 § 407.3).                                             the General Counsel’s refusal, and any
                                           you unless, in the judgment of ABMC,                      (b) Your request for amendments or                  other pertinent material relating to the
                                           access to such records might have an                    corrections should specify the                        appeal. No hearing will be held.
                                           adverse effect upon you. When such a                    following:                                              (c) The Secretary shall render his or
                                           determination has been made, ABMC                         (1) The particular record that you are              her decision on your appeal within 30
                                           may refuse to disclose such information                 seeking to amend or correct;                          business days of its receipt by ABMC,
                                           directly to you. ABMC will, however,                      (2) The ABMC system from which the                  unless the Secretary, for good cause
                                           disclose this information to you through                record was retrieved;                                 shown, extends the 30-day period.
                                           a licensed physician designated by you                    (3) The precise correction or                       Should the Secretary extend the appeal
                                           in writing.                                             amendment you desire, preferably in the               period, you will be informed in writing
                                              (f) If you are unsatisfied with an                   form of an edited copy of the record                  of the extension and the circumstances
                                           adverse determination on your request                   reflecting the desired modification; and              of the delay.
                                           to access records pertaining to you, you                  (4) Your reasons for requesting                       (d) If the Secretary determines that the
                                           may appeal that determination using the                 amendment or correction of the record.                record that is the subject of the appeal
                                           procedures set forth in § 407.7(a).                       (c) ABMC will acknowledge a request                 should be amended or corrected, the
                                                                                                   for amendment or correction of a record               record will be so modified, and you will
                                           § 407.5 Identification required when                    within 10 business days of its receipt,               be informed in writing of the
                                           requesting access to ABMC records                       unless the request can be processed and               amendment or correction. Where an
                                           pertaining to an individual.                            the individual informed of the General                accounting was made of prior
                                             ABMC will require reasonable                          Counsel’s decision on the request                     disclosures of the record, all previous
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                                           identification of all individuals who                   within that 10-day period.                            recipients of the record will be informed
                                           request access to records in an ABMC                      (d) If after receiving and investigating            of the corrective action taken.
                                           system to ensure that records are                       your request, the General Counsel agrees                (e) If your appeal is denied, you will
                                           disclosed to the proper person.                         that the record is not accurate, timely,              be informed in writing of the following:
                                             (a) The amount of personal                            or complete, based on a preponderance                   (1) The denial and the reasons for the
                                           identification required will of necessity               of the evidence, then the record will be              denial;


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                                           13652               Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Rules and Regulations

                                              (2) That you may submit to ABMC a                      (d) You may request that a copying fee              NATIONAL ARCHIVES AND RECORDS
                                           concise statement setting forth the                     not be charged or, alternatively, be                  ADMINISTRATION
                                           reasons for your disagreement as to the                 reduced, by submitting a written
                                           disputed record. Under the procedures                   petition to ABMC’s General Counsel                    36 CFR Parts 1220, 1223, 1225, 1226,
                                           set forth in paragraph (f) of this section,             (see § 407.3) asserting that you are                  1227, 1228, 1229, 1230, 1231, 1232,
                                           your statement will be disclosed                        indigent. If the General Counsel                      1233, 1234, 1235, 1237, 1238, and 1239
                                           whenever the disputed record is                         determines, based on the petition, that
                                           disclosed; and                                                                                                [FDMS No. NARA–18–0002; NARA–2018–
                                                                                                   you are indigent and that ABMC’s                      025]
                                              (3) That you may seek judicial review
                                                                                                   resources permit a waiver of all or part
                                           of the Secretary’s determination under 5                                                                      RIN 3095–AB95
                                                                                                   of the fee, the General Counsel may, in
                                           U.S.C. 552a(g)(1).
                                              (f) Whenever you submit a statement                  his or her discretion, waive or reduce
                                                                                                                                                         Records Management
                                           of disagreement to ABMC in accordance                   the copying fee.
                                           with paragraph (e)(2) of this section, the                (e) All fees shall be paid before any               AGENCY: National Archives and Records
                                           record will be annotated to indicate that               copying request is undertaken.                        Administration (NARA).
                                           it is disputed. In any subsequent                       Payments shall be made by check or                    ACTION: Direct final rule.
                                           disclosure, a copy of your statement of                 money order payable to ‘‘American
                                           disagreement will be disclosed with the                 Battle Monuments Commission.’’                        SUMMARY:    NARA is revising these
                                           record. If ABMC deems it appropriate, a                                                                       regulations to make administrative
                                           concise statement of the Secretary’s                    § 407.9 Procedures for maintaining                    changes, such as updating office names
                                           reasons for denying your appeal also                    accounts of disclosures made by ABMC                  and organizational codes, updating
                                           may be disclosed with the record. While                 from its systems of records.                          URLs, and updating links to NARA’s
                                           you will have access to this statement of                                                                     records management web pages, to
                                                                                                      (a) The Office of the General Counsel
                                           the Secretary’s reasons for denying your                                                                      reflect organizational and contact
                                                                                                   shall maintain a log containing the date,
                                           appeal, such statement will not be                                                                            changes, and revising the incorporation
                                                                                                   nature, and purpose of each disclosure                by reference language to make it
                                           subject to correction or amendment.                     of a record to any person or to another
                                           Where an accounting was made of prior                                                                         consistent with newer regulations and
                                                                                                   agency. Such accounting also shall                    to reflect contact changes.
                                           disclosures of the record, all previous                 contain the name and address of the
                                           recipients of the record will be provided                                                                     DATES: This rule is effective on April 30,
                                                                                                   person or agency to whom each
                                           a copy of your statement of                                                                                   2018 without further notice, unless we
                                                                                                   disclosure was made. This log need not                receive adverse written comment that
                                           disagreement, as well as any statement
                                           of the Secretary’s reasons for denying                  include disclosures made to ABMC                      warrants revision by April 19, 2018. If
                                           your appeal deemed appropriate.                         employees in the course of their official             we receive such comments, we will
                                                                                                   duties, or pursuant to the provisions of              publish a timely withdrawal of the
                                           § 407.8 Fees charged to locate, review, or              the Freedom of Information Act (5                     direct final rule in the Federal Register.
                                           copy records.                                           U.S.C. 552).                                          ADDRESSES: You may submit comments,
                                             (a) ABMC will charge no fees for                         (b) ABMC will retain the accounting                identified by RIN 3095–AB95, by email
                                           search time or for any other time
                                                                                                   of each disclosure for at least five years            at regulation_comments@nara.gov, or by
                                           expended by ABMC to review a record.
                                                                                                   after the disclosure for which the                    mail to the External Policy Program
                                           However, ABMC may charge fees where
                                                                                                   accounting is made or for the life of the             Manager; Strategy Division (MP), Suite
                                           you request that a copy be made of a
                                                                                                   record that was disclosed, whichever is               4100; National Archives and Records
                                           record to which you have been granted
                                                                                                   longer.                                               Administration; 8601 Adelphi Road;
                                           access. Where a copy of the record must
                                                                                                      (c) ABMC will make the accounting of               College Park, MD 20740–6001.
                                           be made in order to provide access to
                                           the record (e.g., computer printout                     disclosures of a record pertaining to you             FOR FURTHER INFORMATION CONTACT:
                                           where no screen reading is available),                  available to you at your request. Such a              Kimberly Keravuori, by email at
                                           the copy will be made available to you                  request should be made in accordance                  regulation_comments@nara.gov, or by
                                           without cost.                                           with the procedures set forth in § 407.4.             telephone at 301–837–3151.
                                             (b) Copies of records made by                         This paragraph (c) does not apply to                  SUPPLEMENTARY INFORMATION:
                                           photocopy or similar process will be                    disclosures made for law enforcement                  Regulatory Review Information
                                           charged to you at the rate of $0.15 per                 purposes under 5 U.S.C. 552a(b)(7).
                                           page. Where records are not susceptible                                                                         This rule is not a significant
                                           to photocopying (e.g., punch cards,                       Dated: March 27, 2018.                              regulatory action for the purposes of
                                           magnetic tapes, or oversize materials),                 Robert J. Dalessandro,                                E.O. 12866 and a significance
                                           you will be charged actual cost as                      Deputy Secretary, ABMC.                               determination was requested from the
                                           determined on a case-by-case basis.                     [FR Doc. 2018–06528 Filed 3–29–18; 8:45 am]           Office of Management and Budget
                                           Copying fees will not be charged if the                 BILLING CODE 6120–01–P
                                                                                                                                                         (OMB). It is also not a major rule as
                                           cost of collecting a fee would be equal                                                                       defined in 5 U.S.C. Chapter 8,
                                           to or greater than the fee itself. Copying                                                                    Congressional Review of Agency
                                           fees for contemporaneous requests by                                                                          Rulemaking. As a result, this rule is also
                                           the same individual shall be aggregated                                                                       not subject to deregulatory requirements
                                           to determine the total fee.                                                                                   contained in E.O. 13771. As required by
                                             (c) Special and additional services                                                                         the Regulatory Flexibility Act, we
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                                           provided at your request, such as                                                                             certify that this rule will not have a
                                           certification or authentication, postal                                                                       significant impact on a substantial
                                           insurance, and special mailing                                                                                number of small entities; it simply
                                           arrangement costs, will be charged to                                                                         updates contact, office, and agency
                                           you at the rates set forth in § 404.7(e) of                                                                   online site information to reflect
                                           this chapter.                                                                                                 organizational changes. This rule also


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Document Created: 2018-11-01 08:58:09
Document Modified: 2018-11-01 08:58:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective April 30, 2018.
ContactEdwin L. Fountain, General Counsel, American Battle Monuments Commission, 2300 Clarendon Boulevard, Suite 500, Arlington, VA 22201, 703-696-6907, [email protected]
FR Citation83 FR 13649 
RIN Number3263-AA00

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