[Code of Federal Regulations]
[Title 18, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 18CFR3b.250]

[Page 65-66]
 
           TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
 
  CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
 
PART 3b_COLLECTION, MAINTENANCE, USE, AND DISSEMINATION OF RECORDS OF 
IDENTIFIABLE PERSONAL INFORMATION--Table of Contents
 
                     Subpart D_Rules for Exemptions
 
Sec. 3b.250  Specific exemptions.


    Any system of records maintained by the Commission may be exempt 
from certain provisions of the Privacy Act of 1974, and the appropriate 
sections of this part promulgated pursuant thereto, if the following 
requirements are met:
    (a) The system of records falls within one or more of the following 
categories:
    (1) Records subject to the provisions of 5 U.S.C. 552(b)(1) as 
classified material;
    (2) Investigatory material compiled for law enforcement purposes 
[except to the extent that the system is more broadly exempt under 5 
U.S.C. 552a(j)(2) covering records maintained by an agency whose 
principal function pertains to the enforcement of criminal laws] 
provided, however, that is such record is used as a basis for denying an 
individual any right, privilege, or benefit to which the individual 
would be entitled in the absence of that record, the individual must be 
granted access to that record except to the extent that access would 
reveal the identity of a confidential source who furnished the 
information to the Government under an express promise that his identity 
would be held in confidence, or, prior to September 27, 1975, under an 
implied promise that his identity would be held in confidence;
    (3) Records maintained to provide protective services to the 
President of

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the United States or other individuals pursuant to 18 U.S.C. 3056;
    (4) Records required by statute to be maintained and used solely as 
statistical records;
    (5) Investigatory material compiled solely for determining 
suitability, eligibility, or qualifications for Federal civilian 
employment, military service, Federal contracts, or access to classified 
information, but only to the extent that disclosure of such material 
would reveal the identity of a source who furnished information to the 
Government under an express promise that his identity would be held in 
confidence, or, prior to September 27, 1975, under an implied promise 
that his identity would be held in confidence;
    (6) Testing or examination material used solely to determine 
individual qualifications for appointment or promotion in the Federal 
service the disclosure of which would compromise the objectivity or 
fairness of the testing or examination process; or
    (7) Material used to evaluate potential for promotion in the armed 
services, but only to the extent that the disclosure of such material 
would reveal the identity of a source who furnished the information to 
the Government under an express promise that his identity would be held 
in confidence, or, prior to September 27, 1975, under an implied promise 
that his identity would be held in confidence;
    (b) Publication in the Federal Register is made in accordance with 
the requirements (including general public notice) of the Administrative 
Procedure Act, 5 U.S.C. 553, to include, at a minimum:
    (1) The name of the system of records;
    (2) The specific provision or provisions of the Privacy Act of 1974, 
and the appropriate sections of this part promulgated pursuant thereto, 
from which the system is to be exempted; and
    (3) The reasons for the exemption; and
    (c) The system of records is exempted from one or more of the 
following provisions of the Privacy Act and the appropriate sections of 
this part promulgated pursuant thereto:
    (1) 5 U.S.C. 552a(c)(3); 18 CFR 3b.226(c)--Making the accounting of 
disclosures available to the individual named in the record at his 
request;
    (2) 5 U.S.C. 552a(d); 18 CFR 3b.221, 3b.224--Granting an individual 
the right of access to his records and permitting him to request 
amendment of such;
    (3) 5 U.S.C. 552a(e)(1); 18 CFR 3b.201(a)--Requiring maintenance of 
relevant and necessary information in a system of records as required by 
statute or Executive order of the President;
    (4) 5 U.S.C. 552a(e)(4)(G); 18 CFR 3b.3(a)(8)--Requiring a 
description of procedures for determining if a system contains a record 
on an individual in the public notice of the system of records;
    (5) 5 U.S.C. 552a(e)(4)(H); 18 CFR 3b.3(a)(9)--Requiring a 
description of procedures for gaining access to and contesting the 
contents of a record in the public notice of the system of records;
    (6) 5 U.S.C. 552a(e)(4)(I); 18 CFR 3b.3(a)(10)--Requiring a 
description of the categories of the sources of records in the public 
notice of the system of rec ords; and
    (7) 5 U.S.C. 552a(f); 18 CFR 3b.220-3b.224--Requiring agency rules 
for determining if an individual is the subject of a record, for 
handling requests for access, for granting requests for access, for 
amending records, and for fees.