[Federal Register Volume 59, Number 26 (Tuesday, February 8, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-2787] [[Page Unknown]] [Federal Register: February 8, 1994] ======================================================================= ----------------------------------------------------------------------- NATIONAL SCIENCE FOUNDATION Privacy Act of 1974; Establishment of a System of Records AGENCY: National Science Foundation (NSF). ACTION: Notice of establishment of a Privacy Act system of records. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that the Office of Polar Programs (OPP) of the NSF is establishing a system of records. This action covers records in the agency's Antarctic Conservation Act Files. EFFECTIVE DATES: This action will be effective without further notice on March 10, 1994, unless comments are received that would result in a contrary determination. ADDRESSES: Interested persons may submit written comments to Herman Fleming, Division of Contracts, Policy and Oversight, National Science Foundation, 4201 Wilson Boulevard, Room 1265, Arlington, Virginia 22230. FOR FURTHER INFORMATION CONTACT: Herman Fleming, Privacy Act Officer, at (703) 306-1243. SUPPLEMENTARY INFORMATION: Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, notice is given that the NSF proposes to establish a system of records identified as: NSF-56--Antarctic Conservation Act Files Title 5 U.S.C. 552a(e) (4) and (11) provide that the public be provided a 30-day comment period in which to comment on a new record system. Dated: January 26, 1994. Herman G. Fleming, Reports Clearance and Privacy Act Officer, National Science Foundation. NSF-56 Antarctic Conservation Act Files. Office of Polar Programs, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230. Individuals who have applied for permits pursuant to the Antarctic Conservation Act, and/or individuals who have been contacted regarding Antarctic Conservation Act compliance. This includes but is not limited to individuals who have sought Antarctic Conservation Act permits. All documents and correspondence related to the individual's contact with the Antarctic Conservation Act system, including the permitting process, and investigations pertaining to compliance. 16 U.S.C. 2401, et seq. (Pub. L. 95-452, as amended, 5 U.S.C. app.) Information from this system may be disclosed to: (1) Federal agencies involved in enforcing or implementing the Antarctic Conservation Act; (2) A court, administrative or other adjudicative body, involved in enforcement of the Antarctic Conservation Act; (3) Federal, state, or local agencies, or foreign governments, where disclosure is necessary in order to obtain records in connection with an investigation of the Office of Polar Programs; (4) Other Federal agencies in response to the issuance of a security clearance, the award of a contract, or the issuance of a license, grant, or other benefit by the requesting agency to the extent that the record is relevant; (5) A Federal agency where the records are relevant to an agency decision with regard to disciplinary or other administrative action concerning their employee; (6) The Merit Systems Protection Board (including the Office of the Special Counsel), in order to carry out its agency's functions; (7) Persons, including witnesses, who may have information, documents or knowledge relevant to an Antarctic Conservation Act investigation or enforcement proceeding; (8) Grantee institutions in the event that Antarctic Conservation Act violations are alleged against the institution or researchers in connection with investigation or enforcement proceedings; (9) Contractors, in the event an Antarctic Conservation Act violations is alleged against the contractor, its employees, or its subcontractors in connection with investigation or enforcement proceedings; (10) Contractors performing duties on behalf of the agency when relevant to the performance of their duties; (11) To parties who have lawfully subpoenaed these records; (12) To the Department of Justice for consultation in processing Freedom of Information Act requests; (13) In the event of litigation where the defendant is (a) any component of the NSF, or any employee of the NSF acting in official capacity; (b) the United States, where the NSF determines that the claim, if successful, is likely to affect directly the operations of the NSF, or any NSF components, or (c) any NSF employee acting in official capacity where the Department of Justice and/or the Office of General Counsel of the NSF have agreed to represent such an employee, these records may be disclosed to assist in the preparation of an effective defense; or (14) To a congressional office in response to an inquiry from the congressional office made at the request of the individual whose records are sought. Paper records are stored in file cabinets; automated data, if any, is stored in the Office of Polar Program's Office, which is secured. The records are retrieved by the name of the subject, or by a unique control number assigned to each investigation or permit application. These records are available only to those persons whose official duties require such access. The records are kept in limited access areas during duty hours and in locked file cabinets at other times. The files are kept indefinitely. Thomas F. Forhan, Polar Coordination and Information Section, Office of Polar Programs, National Science Foundation, 4201 Wilson Boulevard, room 740, Arlington, VA 22230. To determine whether this system of records contains a record pertaining to the requesting individual, write to the system manager at the above address. See notification procedure. Individuals desiring to contest or amend information maintained in this system of records should write to the system manager at the above address. Information in these records is obtained from applicants for permits, NSF staff and NSF records, and from non-NSF persons and records, to the extent necessary to carry out the duties described in the Antarctic Conservation Act. Individuals to be interviewed and records to be examined are selected according to the criteria described explicitly and implicitly in the Antarctic Conservation Act. [FR Doc. 94-2787 Filed 2-7-94; 8:45 am] BILLING CODE 7555-01-M