[Federal Register Volume 77, Number 193 (Thursday, October 4, 2012)]
[Rules and Regulations]
[Pages 60620-60622]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23645]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Part 1212

[Document No. NASA--NASA-2012-0005]
RIN 2700-AD86


Update of Existing Privacy Act--NASA Regulations

AGENCY: National Aeronautics and Space Administration.

ACTION: Direct final rule.

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SUMMARY: This rule makes non-substantive changes to NASA rules 
governing implementation of the Privacy Act by updating statute 
citations, position titles, terminology, and adjusting appellate 
responsibility for records held by the NASA Office of the Inspector 
General. This revision is part of NASA's retrospective plan under EO 
13563 completed in August 2011. NASA's full plan can be accessed on the 
Agency's open Government Web site at http://www.nasa.gov/open/.

DATES: This rule is effective on December 3, 2012, unless adverse 
comments are received by November 5, 2012. If adverse comments are 
received, NASA will publish a timely withdrawal of the rule in the 
Federal Register.

ADDRESSES: Comments must be identified with RIN 2700-AD86 and may be 
sent to NASA via the Federal E-Rulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitted 
comments. Please note that NASA will post all comments on the Internet 
with changes, including any personal information provided.

FOR FURTHER INFORMATION CONTACT: Patti Stockman, Office of the Chief 
Information Officer, 202-358-4787.

SUPPLEMENTARY INFORMATION:

Direct Final Rule Adverse Comments

    NASA has determined this rulemaking meets the criteria for a direct 
final rule because it involves nonsubstantive changes to remove 
sections from the Code of Federal Regulations that are obsolete and no 
longer used. No opposition to the changes and no significant adverse 
comments are expected. However, if the Agency receives a significant 
adverse comment, it will withdraw this direct final rule by publishing 
a notice in the Federal Register. A significant adverse comment is one 
that explains: (1) Why the direct final rule is inappropriate, 
including challenges to the rule's underlying premise or approach; or 
(2) why the direct final rule will be ineffective or unacceptable 
without a change. In determining whether a comment necessitates 
withdrawal of this direct final rule, NASA will consider whether it 
warrants a substantive response in a notice and comment process.

Background

    This rule was last published in the Federal Register as an interim 
final rule (FR 57 4928) on February 11, 1992. That revision changed 
internal Agency responsibility with regard to the handling of appeals, 
set forth general housekeeping policies and procedures, and made 
changes to comply with statutory requirements.

Statutory Authority

    The National Aeronautics and Space Act (the Space Act), 51 U.S.C. 
20101(a), authorizes the NASA Administrator to make, promulgate, issue, 
rescind, and amend rules and regulations governing the manner of its 
operations and the exercise of the powers vested in it by law.

Regulatory Analysis

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

    Executive Orders 13563 and 12866 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 has been designated as ``not significant'' under 
section 3(f) of Executive Order 12866.

Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an 
agency to prepare an initial regulatory flexibility analysis to be 
published at the time the proposed rule is published. This requirement 
does not apply if the agency ``certifies that the rule will not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities'' (5 U.S.C. 603). This rule does not have any 
economic impact on small entities.

Review Under the Paperwork Reduction Act

    This direct final rule does not contain any information collection 
requirements subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.).

Review Under Executive Order of 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 1999) 
requires regulations be reviewed for Federalism effects on the 
institutional interest of states and local governments, and, if the 
effects are sufficiently substantial, preparation of the Federal 
assessment is required to assist senior policy makers. The amendments 
will not have any

[[Page 60621]]

direct effects on state and local governments within the meaning of the 
Executive Order. Therefore, no Federalism assessment is required.

List of Subjects in 14 CFR Part 1212

    Privacy, Procedural rules.

    Accordingly, NASA amends 14 CFR part 1212 as follows:

PART 1212--PRIVACY ACT--NASA REGULATIONS

0
1. The authority citation for part 1212 is revised to read as follows:

    Authority:  The National Aeronautics and Space Act, as amended, 
51 U.S.C. 20101 et seq.; the Privacy Act of 1974, as amended, 88 
Stat. 1896, 5 U.S.C. 552a.


Sec.  1212.100  [Amended]

0
2. Section 1212.100 is amended by removing the words ``NASA Field 
Installations'' and adding in their place the words ``NASA Field 
Centers''.


Sec.  1212.101  [Amended]

0
3. Section 1212.101 is amended:
0
a. In paragraph (e), by removing the word ``Installation,'' and adding 
in its place the word ``Center'' in two places;
0
b. In paragraph (h), by removing the word ``related'' and adding in its 
place the word ``relates''; and
0
c. By removing paragraph (i).

Subpart 1212.2--Requests for Access to Records

0
4. The heading for subpart 1212.2 is revised to read as set forth 
above.

0
5. Section 1212.200 is amended by:
0
a. Revising the section heading;
0
b. Revising the introductory text;
0
c. Adding ``under 5 U.S.C. 552a(d)(1)'' after the word ``record'' in 
paragraph (b); and
0
d. Adding ``under 5 U.S.C. 552a(c)(3)'' after the word ``records'' in 
paragraph (c).
    The revisions read as follows:


Sec.  1212.200  Procedures for requesting records subject to the 
Privacy Act.

    The procedures outlined in this subpart 1212.2 apply to the 
following types of requests made by individuals under the Privacy Act 
concerning records about themselves:
* * * * *

0
6. Section 1212.201 is amended:
0
a. By revising the section heading;
0
b. In paragraph (c)(1), by adding ``Center Privacy Manager at'' before 
``NASA Headquarters,'' and removing the words ``Installation 
Information'';
0
c. In paragraph (c)(2)(iv), by adding ``time periods in which the 
records are believed to have been compiled,'' before ``etc.''; and
0
d. By revising paragraph (e).
    The revisions read as follows:


Sec.  1212.201  Determining existence of records subject to the Privacy 
Act.

* * * * *
    (e) If the Center Privacy Manager receives a request for access, 
the Privacy Manager will record the date of receipt and immediately 
forward the request to the responsible system manager for handling.
* * * * *


Sec.  1212.203  [Amended]

0
7. In Sec.  1212.203, in paragraph (a), remove the parenthetical 
statement ``(See NASA Management Instruction (NMI) 1382.18)'' and in 
paragraph (b)(2) remove the reference ``(g)'' and add ``(f)'' in its 
place.


Sec.  1212.300  [Amended]

0
8. In Sec.  1212.300 introductory text, after ``system of records'' in 
the first sentence, add the words ``under the provisions of 5 U.S.C. 
552a(d)(2)''.

0
9. Amend Sec.  1212.400:
0
a. In paragraph (a) introductory text, by removing the words ``to the 
Assistant Deputy Administrator'';
0
b. By redesignating paragraphs (b) through (e) as (c) through (f), 
respectively;
0
c. By adding new paragraph (b);
0
d. In newly redesignated paragraph (c)(1), by removing ``Assistant'' 
and adding in its place ``Associate,'' and adding after ``20546'' the 
phrase ``or to the Inspector General, NASA Headquarters, Washington, DC 
20546, for records as specified in paragraph (b) of this section''; and
0
e. In newly redesignated paragraph (e):
0
i. Remove the two occurrences of ``Assistant'' and add in their place 
``Associate''
0
ii. Add the words, ``or Inspector General for appeals concerning 
records originating in the Office of the Inspector General'' after the 
first occurrence of ``Deputy Administrator''; and
0
iii. Add the words, ``or Inspector General'' after the second 
occurrence of ``Deputy Administrator''.
    The addition reads as follows:


Sec.  1212.400  Appeals.

* * * * *
    (b) The Associate Deputy Administrator or designee is responsible 
for making final determinations of appeals as specified in paragraphs 
(a)(1) through (3) of this section for all Agency records, with the 
exception of those records originating in the Office of the Inspector 
General for which the Inspector General is responsible for making final 
determinations of appeals.
* * * * *


Sec.  1212.500  [Amended]

0
10. In Sec.  1212.500, in paragraph (b), remove ``Assistant'' and add 
in its place ``Associate''.


Sec.  1212.501  [Amended]

0
11. Amend Sec.  1212.501:
0
a. In paragraph (a)(1)(i), in the first sentence, by adding the word 
``sections'' before the colon and after the words ``except the 
following'';
0
b. In the first sentence of paragraph (a)(1)(ii), by removing the words 
``there may exist'' and adding the words ``may exist'' following the 
words ``investigative files''; and
0
c. In paragraph (a)(2)(ii)(D), by removing ``fullfill'' and adding in 
its place ``fulfill''.


Sec.  1212.601  [Amended]

0
12. In Sec.  1212.601, in paragraph (b), remove the phrase ``, and the 
NASA system notice shall include a reference to the system notice of 
the other agency''.

0
13. In Sec.  1212.603, add a second sentence to read as follows:


Sec.  1212.603  Mailing lists.

    * * * This is not to be construed to require the withholding of 
names and addresses otherwise permitted to be made public.

0
14. In Sec.  1212.605, in paragraph (a), remove the word 
``Installation'' and add in its place ``Center'' and after ``Security 
Officer'' add ``or Center Information Technology Security Officer for 
electronic records maintained in automated systems'' and add a second 
sentence to read as follows:


Sec.  1212.605  Safeguarding information in systems of records.

    (a) * * * Safeguards must insure the security and confidentiality 
of records and protect against any anticipated threats or hazards to 
their security or integrity which could result in substantial harm, 
embarrassment, inconvenience, or unfairness to any individual on whom 
information is maintained.
* * * * *

0
15. In Sec.  1212.701:
0
a. Revise the section heading;
0
b. In the introductory text, remove ``Assistant'' and add ``Associate'' 
in its place;
0
c. Add to the end of paragraph (a) the phrase ``, except on those 
related to records originating in the Office of the Inspector 
General''; and

[[Page 60622]]

0
d. Add to the end of paragraph (c) the phrase ``, except for an appeal 
related to records originating in the Office of the Inspector 
General''.
    The revision reads as follows:


Sec.  1212.701  Associate Deputy Administrator.

* * * * *


Sec. Sec.  1212.702 through 1212.706  [Redesignated as Sec. Sec.  
1212.703 through 1212.707]

0
16. Redesignate Sec. Sec.  1212.702 through 1212.706 as Sec. Sec.  
1212.703 through 1212.707 and add a new Sec.  1212.702 to read as 
follows:


Sec.  1212.702  The Inspector General.

    The Inspector General is responsible for:
    (a) Making final Agency determinations on appeals related to 
records originating with the Office of the Inspector General (Sec.  
1212.400), and
    (b) Authorizing an extension for making a final determination on an 
appeal related to records originating with the Office of the Inspector 
General (Sec.  1212.400(e)).

0
17. In newly redesignated Sec.  1212.703:
0
a. Revise the section heading;
0
b. In paragraph (a) introductory text, remove the phrase ``Associate 
Administrator for Management Systems and Facilities'' and add in its 
place ``NASA Chief Information Officer'';
0
c. In paragraph (b):
0
i. Remove the phrase ``Associate Administrator for Management Systems 
and Facilities'' and add in its place ``Chief Information Officer'';
0
ii. Remove the words ``Privacy Officer'' and add in its place ``NASA 
Privacy Act Officer''; and
0
iii. Remove the word ``or'' and the phrase ``reporting directly to the 
Associate Administrator for Management Systems and Facilities''.
    The revision reads as follows:


Sec.  1212.703  NASA Chief Information Officer.

* * * * *

0
18. In newly redesignated Sec.  1212.704:
0
a. Revise the section heading;
0
b. In paragraph (a) introductory text, remove the word 
``Installations'' and add in its place ``Centers'';
0
c. In paragraph (a)(3), remove the reference ``Sec.  1212.203(g)'' and 
add in its place ``Sec.  1212.203(f)'';
0
d. In paragraph (a)(4), remove the reference ``Sec.  1212.704'' and add 
in its place ``Sec.  1212.705'';
0
e. Add paragraph (a)(5); and
0
f. Remove and reserve paragraph (b).
    The revision reads as follows:


Sec.  1212.704  Headquarters and Field Centers or Component Facilities.

    (a) * * *
    (5) Establish a position of Center Privacy Manager to assist in 
carrying out the responsibilities listed in this section.
* * * * *

0
19. In newly redesignated Sec.  1212.705:
0
a. Revise paragraph (a)(1);
0
b. In paragraph (a)(3), remove the word ``Assistant'' and add in its 
place ``Associate'';
0
c. In paragraph (a)(7), remove the reference ``Sec.  1212.203(g)(1) 
through (12)'' and add in its place ``Sec.  1212.203(f)(1) through 
(12)'';
0
d. In paragraph (a)(12), remove ``14 CFR'' and add in its place ``Sec.  
'' and add the words ``of this part'' after ``1212.203'';
0
e. In paragraph (c), remove the word ``Installation'' and add in its 
place ``Center'' and remove the reference ``Sec.  1212.703(a)(4) and 
(b)'' and add in its place ``Sec.  1212.704(a)(4) and (5)''


Sec.  1212.705  System manager.

    (a) * * *
    (1) Overall compliance with this part, NASA Policy Directive (NPD) 
1382.17 and NASA Procedural Requirements (NPR) 1382.1.
* * * * *

Charles F. Bolden, Jr.,
Administrator.
[FR Doc. 2012-23645 Filed 10-3-12; 8:45 am]
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