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43068 Federal Register / Vol. 70, No.

142 / Tuesday, July 26, 2005 / Rules and Regulations

# Depth in ADDRESSES: Address all comments to speak with the Foundation’s Privacy
feet above concerning this notice to Leslie Jensen, Act Officer of the General Counsel.
* Elevation National Science Foundation, Office of Written requests should be sent to the
Source of flooding and location in feet the General Counsel, Room 1265, 4201 NSF Privacy Act Officer, National
• Elevation Wilson Boulevard, Arlington, Virginia Science Foundation, 4201 Wilson
in feet 22230. Boulevard, Suite 1265, Arlington, VA
(NAVD) 22230. Written requests are
Approximately 53 feet up- Leslie Jensen: (703) 292–8060. recommended, since in many cases it
stream of Clark Street ....... *108 may take several days to determine
Plum Gully Brook: SUPPLEMENTARY INFORMATION: whether a record exists, and additional
Approximately 528 feet up- time may be required for record(s)
stream of the confluence Background
with Podunk River ............. *57 retrieval and processing.
During the public comment period, (b) Description of requested records.
Approximately 280 feet up- the Foundation received one comment
stream of Nevers Road ..... *185 You must describe the records that you
Maps available for inspection on an existing section of the regulation seek in enough detail to enable NSF
at the South Windsor Town to which no change was proposed. No personnel to locate the system of
Hall, 1540 Sullivan Avenue, comments were received on the
South Windsor, Connecticut. records containing them with a
proposed addition of subsection reasonable amount of effort. Providing
613.5(g). The NSF publishes its Final information about the purpose for
(Catalog of Federal Domestic Assistance No. Regulation as proposed.
83.100, ‘‘Flood Insurance.’’) which the information was collected,
List of Subjects in 45 CFR Part 613 applicable time periods, and name or
Dated: July 20, 2005.
identifying number of each system of
David I. Maurstad, Privacy. records in which you think records
Acting Director, Mitigation Division, ■ For the reason stated in the preamble, about you may be kept, will help speed
Emergency Preparedness and Response the National Science Foundation revises the processing of your request. NSF
45 CFR part 613 as follows: publishes notices in the Federal
[FR Doc. 05–14661 Filed 7–25–05; 8:45 am] Register that describe the systems of
BILLING CODE 9110–12–P PART 613—PRIVACY ACT records maintained by the Foundation.
REGULATIONS The Office of the Federal Register
publishes a biennial ‘‘Privacy Act
NATIONAL SCIENCE FOUNDATION 613.1 General provisions. compilation’’ that includes NSF system
613.2 Requesting access to records. notices. This compilation is available in
45 CFR Part 613 613.3 Responding to requests for access to many large reference and university
RIN RIN 3145–AA43 records. libraries, and can be accessed
613.4 Amendment of records. electronically at the Government
Changes to Exemptions Under CFR 613.5 Exemptions. Printing Office’s Web site at
Part 613—Privacy Act Regulations 613.6 Other rights and services. www.access.gpo/su_docs/aces/
Authority: 5 U.S.C. 552a. PrivacyAct.shtml.
AGENCY: National Science Foundation. (c) Verification of identity. When
ACTION: Final rule. § 613.1 General Provisions. requesting access to records about
This part sets forth the National yourself, NSF requires that you verify
SUMMARY: This final rule will amend the
Science Foundation procedures under your identity in an appropriate fashion.
Privacy Act regulations at 45 CFR 613.5, the Privacy Act of 1974. The rules in Individuals appearing in person should
Exemptions, by adding a new this part apply to all records in systems be prepared to show reasonable picture
subsection (g), Statistical records. The of records maintained by NSF that are identification such as driver’s license,
amendment exempts three systems of retrieved by an individual’s name or government or other employment
NSF statistical records, ‘‘Doctorate personal identifier. They describe the identification card, or passport. Written
Records Files,’’ ‘‘Doctorate Work History procedures by which individuals, as requests must state your full name and
Files’’ and ‘‘National Survey of Recent defined in the Privacy Act, may request current address. you must sign your
College Graduates & Follow-up Files’’ access to records about themselves and request and your signature must either
from the application of 5 U.S.C. request amendment or correction of be notarized, or submitted by you under
552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and those records. All Privacy Act requests 28 U.S.C. 1746, a law that permits
(I), and (f) pursuant to Privacy Act for access to records are also processed statements to be made under penalty of
exemption (k)(4), 5 U.S.C. 552a(k)(4). under the Freedom of Information Act, perjury as a substitute for notarization.
Exemption (k)(4) permits exemption if 5 U.S.C. 552 (as provided in part 612 of While no specific form is required, you
the system of records is ‘‘required by this chapter), which gives requesters the may obtain information about these
statute to be maintained and used solely benefit of both statutes. Notice of required elements for requests from the
as statistical records.’’ The three named systems of records maintained by the NSF Privacy Act Officer, Suite 1265,
NSF/Science Resource Studies systems National Science Foundation are 4201 Wilson Blvd, Arlington, VA 22230,
of records contain statistical data published in the Federal Register. or from the NSF Home Page under
required by subsection 14(i) of the NSF ‘‘Public & media Information—FOIA
Act of 1950, as amended, and Title V of § 613.2 Requesting access to records. and Privacy Act’’ at
the Confidential Information Protection (a) Where to make a request. You may home/pubinfo/foia.htm. In order to help
and Statistical Efficiency Act of 2002 make a request for access to NSF records agency personnel in locating and
(CIPSEA), to be used for statistical about yourself by appearing in person at identifying requested records, you may
purposes only, and thus meet the the National Science Foundation or by also, at your option, include your social
requirements of exemption (k)(4). making a written request. If you choose security number, and/or date and place
DATES: Effective Date: This amendment to visit the Foundation, you must of birth. An individual reviewing his or
will be effective August 1, 2005. contact the NSF Security Desk and ask her record(s) in person may be

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Federal Register / Vol. 70, No. 142 / Tuesday, July 26, 2005 / Rules and Regulations 43069

accompanied by an individual of his or possible of the Foundation’s decision. you believe that the record is not
her choice after signing a written Where a requester has previously failed accurate, relevant, timely, or complete.
statement authorizing that individual’s to pay a properly charged fee to any You may submit any documentation
presence. Individuals requesting or agency within 30 days of the date of that you think would be helpful.
authorizing the disclosure of records to billing, NSF may require the requester Providing an edited copy of the
a third party must verify their identity to pay the full amount due, plus any record(s) showing the desired change
and specifically name the third party applicable interest, and to make an will assist the agency in making a
and identify the information to be advance payment of the full amount of determination about your request. If you
disclosed. any anticipated fee, before NSF begins believe that the same information is
(d) Verification of guardianship. to process a new request or continues to maintained in more than one NSF
When making a request as the parent or process a pending request from that system of records you should include
guardian of a minor or as the guardian requester. that information in your request. You
of someone determined by a court of (1) Requests made in person. When a must sign your request and provide
competent jurisdiction to be request is made in person, if the records verification of your identity as specified
incompetent, for access to records about can be found, and reviewed for access in 613.2(c).
that individual, you must establish: without unreasonable disruption of (c) Timing of responses to requests.
(1) The identity of the record subject, agency operations, the Foundation may The Privacy Act Officer, or his or her
by stating individuals’ name and current disclose the records to the requester designee, will acknowledge receipt of
address and, at your option, the social directly upon payment of any applicable request for amendment within 10
security number and/or date and place fee. A written record should be made working days of receipt. Upon receipt of
of birth of the individual; documenting the granting of the request. a proper request the Privacy Act Officer
(2) Your own identity, as required in If a requester is accompanied by another will promptly confer with the NSF
paragraph (c) of this section; person, the requester shall be required Directorate or Office with responsibility
(3) That you are the parent or to authorize in writing any discussion of for the record to determine if the request
guardian of that individual, which you the records in the presence of the other should be granted in whole or part.
may prove by providing a copy of the person. (d) Granting request for amendment.
individual’s birth certificate showing (2) Requests made in writing. The When a determination is made to grant
your parentage or by providing a court Foundation will send the records to the a request for amendment in whole or
order establishing your guardianship; requester promptly upon payment of part, notification to the requester will be
and any applicable fee. made as soon as possible, normally
(4) That you are acting on behalf of (d) Denying access to records. The within 30 wording days of the Privacy
that individual in making the request. requester will be notified in writing of Act Officer receiving the request,
(e) The procedures of paragraphs (a) any determination to deny a request for describing the amendment made and
through (d) of this section shall also access to records. The notification letter including a copy of the amended record,
apply to requests made pursuant to 5 will be signed by the Privacy Act in disclosable form.
U.S.C. 552a(c)(3). Officer, or his or designee, as the (e) Denying request for amendment.
individual responsible for the denial When a determination is made that
§ 613.3 Responding to requests for access amendment, in whole or part, is
and will include a brief statement of the
to records. unwarranted, the matter shall be
reason(s) for the denial, including any
(a) Timing of responses to requests. Privacy Act exemption(s) applied in brought to the attention of the Inspector
The Foundation will make reasonable denying the request. General, if it pertains to records
effort to act on a request for access to (e) Fees. The Foundation will charge maintained by the Office of the
records within 20 days of its receipt by for duplication of records requested Inspector General, or to the attention of
the Privacy Act Officer (excluding date under the Privacy Act in the same way the General Counsel, if it pertains to
of receipt, weekends, and legal it charges for duplication under the other NSF records. If the General
holidays) or from the time any required Freedom of Information Act (see CFR Counsel or Inspector General or their
identification is received by the Privacy 612.10). No search or review fee may be designee agrees with the determination
Act Officer, whichever is later. In charged for the record unless the record that amendment is not warranted, the
determining which records are has been exempted from access under Privacy Act Officer will notify the
responsive to a request, the Foundation Exemptions (j)(2) or (k)(2) of the Privacy requester in writing, normally within 30
will include only records in its Act. working days of the Privacy Act Officer
possession as of the date of receipt. receiving the request. The notification
When the agency cannot complete § 613.4 Amendment of records. letter will be signed by the Privacy Act
processing of a request within 20 (a) Where to make a request. An Officer or his or her designee, and will
working days, the foundation will send individual may request amendment of include a statement of the reason(s) for
a letter explaining the delay and records pertaining to him or her that are the denial and how to appeal the
notifying the requester of the date by maintained in an NSF Privacy Act decision.
which processing is expected to be system of records, except that certain (f) Appealing a denial. You may
completed. records described in paragraph (h) of appeal a denial of a request to amend
(b) Authority to grant or deny this section are exempt from records to the General Counsel, National
requests. The Privacy Act Officer, or his amendment. Request for amendment of Science Foundation, 4201 Wilson Blvd.,
or her designee in the office with records must be made in writing to the Suite 1265, Arlington, VA 22230. You
responsibility for the requested records, NSF Privacy Act Officer, National must make your appeal in writing and
is authorized to grant or deny access to Science Foundation, Suite 1265, 4201 it must be received by the Office of the
a Foundation record. Wilson Boulevard, Arlington, VA 22230. General Counsel within ten days of the
(c) Granting access to records. When (b) How to make a request. Your receipt of the denial (weekends, legal
a determination is made to grant a request should identify each particular holidays, and the date of receipt
request for access in whole or part, the record in question, state the amendment excluded). Clearly mark your appeal
requester will be notified as soon as you want to take place and specify why letter and envelope ‘‘Privacy Act

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43070 Federal Register / Vol. 70, No. 142 / Tuesday, July 26, 2005 / Rules and Regulations

Appeal.’’ Your appeal letter must (d) any materials which would reveal hereby exempts the systems of records
include a copy of your original request the identity of references of fellowship entitled ‘‘Doctorate Records Files,’’
for amendment and the denial letter, or other award applicants or nominees, ‘‘Doctorate Work History Files,’’ and
along with any additional or reviewers of applicants for Federal ‘‘National Survey of Recent College
documentation or argument you wish to contracts (including grants and Graduates & Follow-up Files’’ from the
submit in favor of amending the records. cooperative agreements) contained in application of 5 U.S.C. 552a(c)(3), (d),
It must be signed by you or your any of the following systems of records: (e)(1), (e)(4)(G), (H), and (I), and (f).
officially designated representative. (1) ‘‘Fellowships and Other Awards,’’ (h) Other records. The Foundation
(g) Responses to appeals. The General (2) ‘‘Principal Investigator/Proposal may also assert exemptions for records
Counsel, or his or her designee, will File and Associated Records,’’ received from another agency that could
normally render a decision on the (3) ‘‘Reviewer/Proposal File and
properly be claimed by that agency in
appeal within thirty working days after Associated Records,’’ and
(4) ‘‘Reviewer/Fellowship and Other responding to a request.
proper reciept of the written appeal by
the General Counsel. If additional time Awards File and Associated Records.’’ § 613.6 Other rights and services.
to make a determination is necessary (b) OIG Files Compiled for the
Purpose of a Criminal Investigation and Nothing in this subpart shall be
you will be advised in writing of the construed to entitle any person, as of
need for an extension. for Related Purposes. Pursuant to 5
U.S.C. 552a(j)(2), the Foundation hereby right, to any service or to the disclosure
(1) Amendment appeal granted. If on
exempts the system of records entitled of any record to which such person is
appeal the General Counsel, or his or
‘‘Office of Inspector General not entitled under the Privacy Act.
her designee, determines that
amendment of the record should take Investigative Files,’’ insofar as it Amy Northcutt,
place, you will be notified as soon as consists of information compiled for the Deputy General Counsel.
possible of the Foundation’s decision. purpose of a criminal investigation or [FR Doc. 05–14656 Filed 7–25–05; 8:45 am]
The notification will describe the for other purposes within the scope of
amendment made and include a copy of 5 U.S.C. 552a(j)(2), from the application
the amended record, in disclosable of 5 U.S.C. 552a, except for subsections
form. (b), (c)(1) and (2), (e)(4)(A) through (F), NATIONAL SCIENCE FOUNDATION
(2) Amendment appeal denied— (e)(6), (7), (9), (10) and (11), and (i).
Statement of disagreement. If on appeal (c) OIG and ACA Files Compiled for 45 CFR Part 650
the General Counsel, or his or her Other Law Enforcement Purposes.
designee, upholds a denial of a request Pursuant to 5 U.S.C. 552a(k)(2), the
RIN 3145–AA44
for amendment of records, you will be Foundation hereby exempts the systems
notified in writing of the reasons why of records entitled ‘‘Office of Inspector Minor Amendments To Rule on
the appeal was denied and advised of General Investigative Files’’ and Inventions and Patents Resulting From
your right to seek judicial review of the ‘‘Antarctic Conservation Act Files’’ Grants, Cooperative Agreements, and
decision. The letter will also notify you insofar as they consist of information Contracts
of your right to file with the Foundation compiled for law enforcement purposes
a concise statement setting forth the other than material within the scope of AGENCY: National Science Foundation.
reasons for your disagreement with the 5 U.S.C. 552a(j)(2), from the application
of 5 U.S.C. 552a(c)(3), (d), (e)(1), ACTION: Final rule.
refusal of the Foundation to amend the
record. The statement should be sent to (e)(4)(G), (H), and (I), and (f).
(d) Investigations of Scientific SUMMARY: This final rule will amend the
the Privacy Act Officer, who will ensure NSF Patents regulation to require
that a copy of the statement is placed Misconduct. Pursuant to 5 U.S.C.
552a(k)(2) and (k)(5), the Foundation grantees to use an electronic reporting
with the disputed record. A copy of the and management system for inventions
statement will be included with any hereby exempts from the application of
5 U.S.C. 552a(c)(3) and (d) any materials made with NSF assistance.
subsequent disclosure of the record.
(h) Records not subject to which would reveal the identity of DATES: Effective Date: These changes are
amendment. The following records are confidential sources of information effective July 29, 2005.
not subject to amendment: contained in the following system of
(1) Transcripts of testimony given records: ‘‘Debarment/Scientific
Misconduct Files.’’ Robin Clay Fritsch, NSF Patent
under oath or written statements made Assistant, at or on (703)
under oath; (e) Personnel Security Clearances.
Pursuant to 5 U.S.C. 552a(k)(5), the 292–8060 (voice) or (703) 292–9041
(2) Transcripts of grand jury
Foundation hereby exempts from the (facsimile).
proceedings, judicial proceedings, or
quasi-judicial proceedings, which are application of 5 U.S.C. 552a(c)(3) and Background
the official record of those proceedings; (d) any materials which would reveal
(3) Pre-sentence records that the identity of confidential sources of This amendment revises the current
originated with the courts; and information contained in the following NSF patent regulation published as part
(4) Records in systems of records that system of records: ‘‘Personnel Security.’’ 650 of title 45 of the Code of Federal
have been exempted from amendment (f) Applicants for Employment. Regulations to require NSF awardees to
under Privacy Act, 5 U.S.C. 552a(j) or Records on applicants for employment use the Edison Invention Information
(k) by notice published in the Federal at NSF are covered by the Office of Management System maintained by the
Register. Personnel Management (OPM) National Institutes of Health to handle
government-wide system notice NSF-assisted inventions. This is
§ 613.5 Exemptions. ‘‘Recruiting, Examining and Placement consistent with the Foundation’s
(a) Fellowships and other support. Records.’’ These records are exempted requirement that all proposals seeking
Pursuant to 5 U.S.C. 552a(k)(6), the as claimed in 5 CFR 297.501(b)(7). NSF financial assistance and all reports
Foundation hereby exempts from the (g) Statistical records. Pursuant to 5 on NSF-assisted projects be submitted
application of 5 U.S.C. 552a(c)(3) and U.S.C. 552a(k)(4), the Foundation electronically.

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