Privacy Act of 1974; Amendment of Privacy Act System of Records, 65206-65208 [2012-26241]
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65206
Federal Register / Vol. 77, No. 207 / Thursday, October 25, 2012 / Notices
During the public comment period,
the consent decree may be examined
and downloaded at this Justice
Department Web site: https://
www.usdoj.gov/enrd/
Consent_Decrees.html. We will provide
a paper copy of the consent decree upon
written request and payment of
reproduction costs. Please mail your
request and payment to: Consent Decree
Library, U.S. DOJ—ENRD, P.O. Box
7611, Washington, DC 20044–7611.
Please enclose a check or money order
for $15.50 (25 cents per page
reproduction cost) payable to the United
States Treasury.
Maureen Katz,
Assistant Chief, Environmental Enforcement
Section, Environment and Natural Resources
Division.
[FR Doc. 2012–26250 Filed 10–24–12; 8:45 am]
BILLING CODE 4410–15–P
MERIT SYSTEMS PROTECTION
BOARD
Privacy Act of 1974; Amendment of
Privacy Act System of Records
AGENCY:
Merit Systems Protection
Notice of amendment to system
of records.
ACTION:
The Merit Systems Protection
Board (MSPB) is issuing public notice of
its intent to amend a Government-wide
system of records that it maintains
subject to the Privacy Act of 1974 (5
U.S.C. 552a). MSPB/GOVT–1, ‘‘Appeals
and Case Records,’’ is being amended to
reflect that its location is in the Office
of the Clerk of the Board.
Also, the purpose(s) under the
authority for maintenance of the system
was amended to reflect that these
records may be used to document and
adjudicate appeals and other matters
arising under the Board’s appellate and
original jurisdiction; locate appeal
documents and files, physical or
electronic; provide statistical data for
reports, staff productivity, and other
management functions; and provide
information to support other statutory
functions of the Board, such as studies
of the civil service under 5 U.S.C.
1204(a)(3), and review of regulations of
the Office of Personnel Management
(OPM) under 5 U.S.C. 1204(f), and
reporting under 5 U.S.C. 1206. The
MSPB is also adding a routine use:
release to the public, including via the
agency’s Web site following issuance of
a decision.
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AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
SYSTEM NAME:
Appeals and Case Records.
SYSTEM LOCATION:
Office of the Clerk of the Board, Merit
Systems Protection Board (MSPB), Suite
500, 1615 M Street NW., Washington,
DC 20419, and MSPB regional and field
offices (see list of office addresses in the
Appendix).
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
a. Current and former Federal
employees, applicants for employment,
annuitants, and other individuals who
have filed appeals with MSPB or its
predecessor agency, or with respect to
whom the Office of Special Counsel
(OSC) or another Federal agency has
petitioned MSPB concerning any matter
over which MSPB has jurisdiction.
b. Current and former employees of
State and local governments who have
been investigated by OSC and have had
an appeal before MSPB concerning
possible violation of the Hatch Act.
CATEGORIES OF RECORDS IN THE SYSTEM:
Board.
SUMMARY:
MSPB/GOVT–1
a. These records contain information
or documents such as briefs, pleadings,
motions, exhibits, hearing transcripts,
and MSPB decisions, which comprise
the administrative records of appeals
and other matters arising under the
adjudicatory authority of the Board.
These records may also contain
individual appellants’ names, social
security numbers, home addresses,
veterans’ status, race, sex, national
origin, and disability status data.
b. This system also includes the
Board’s case processing system (CPS).
The CPS was designed to manage all
documents created by the Board during
the processing of a case, as well as
documents that are received
electronically from the parties. At the
present time, the CPS includes: a
document assembly system to create
documents; a document management
system to manage and store documents;
a case management system to record
activities in cases, track the location of
case files, and produce statistical reports
on cases; and an electronic filing and
electronic publishing system to allow
the parties to send and receive case
documents electronically.
Note: This system includes records
and documents compiled by Federal
agencies in processing adverse actions
and actions based on unacceptable
performance, covered by OPM/GOVT–3,
when such actions are appealed to
MSPB.
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5 U.S.C. 1204.
Purpose(s):
These records may be used to:
a. Document and adjudicate appeals
and other matters arising under the
Board’s appellate and original
jurisdiction;
b. Locate appeal documents and files,
whether physical or electronic;
c. Provide statistical data for reports,
staff productivity, and other
management functions; and
d. Provide information to support
other statutory functions of the Board,
such as studies of the civil service under
5 U.S.C. 1204(a)(3), review of
regulations of the Office of Personnel
Management under 5 U.S.C. 1204(f), and
reporting under 5 U.S.C. 1206.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information from the record may be
disclosed:
a. To officials of the Equal
Employment Opportunity Commission
(EEOC) or a Special Panel convened
under authority of 5 U.S.C. 7702 when
requested in connection with the
performance of their authorized duties;
b. To officials of the Office of
Personnel Management (OPM), the
Federal Labor Relations Authority
(FLRA), EEOC, and OSC in connection
with the performance of their
authorized duties;
c. To the Government Accountability
Office (GAO) in response to an official
inquiry or investigation;
d. To provide information to a
Congressional office from the record of
an individual in response to an inquiry
from that Congressional office made at
the request of that individual;
e. To an appropriate Federal or local
agency responsible for investigating,
prosecuting, enforcing, or implementing
a statute, rule, regulation, or order
where there is an indication of a
violation or potential violation of civil
or criminal law or regulation;
f. To the Office of Management and
Budget (OMB) at any stage in the
legislative process in connection with
private relief legislation as set forth in
OMB Circular No. A–19;
g. To the Department of Justice (DOJ)
when:
(1) The Board, or any component
thereof; or
(2) Any employee of the Board in the
employee’s official capacity; or
(3) Any employee of the Board in the
employee’s individual capacity where
the Department of Justice (DOJ) has
agreed to represent the employee; or
(4) The United States is a party to
litigation or has an interest in such
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Federal Register / Vol. 77, No. 207 / Thursday, October 25, 2012 / Notices
litigation and the use of such records is
deemed to be relevant and necessary to
the litigation, providing that the
disclosure of the records is a use of the
information contained in the records
that is compatible with the purpose for
which the records were collected, or
approval or consultation is required;
h. In any proceeding before a court or
adjudicative body before which the
Board is authorized to appear when:
(1) The Board, or any component
thereof; or
(2) Any employee of the Board in the
employee’s official capacity; or
(3) Any employee of the Board in the
employee’s individual capacity where
the DOJ has agreed to represent the
employee; or
(4) The United States is a party to
litigation or has an interest in such
litigation and the use of such records is
deemed to be relevant and necessary to
the litigation, providing that the
disclosure of the records is a use of the
information contained in the records
that is compatible with the purpose for
which the records were collected, or
approval or consultation is required;
i. To any person making a status
inquiry regarding a proceeding before
MSPB;
j. To the National Archives and
Records Administration in records
management inspections conducted
under authority of 44 U.S.C. 2904 and
2906;
k. In response to a request for
discovery or for appearance of a
witness, if the requested information is
relevant to the subject matter involved
in a pending judicial or administrative
proceeding;
l. To Federal and State agencies for
the purpose of providing MSPB with
information concerning MSPB
appellants, which information will be
used, absent personal identifiers, in
MSPB research projects mandated by 5
U.S.C. 1204(a)(3);
m. To officials of the United States
Court of Appeals for the Federal Circuit
in connection with the performance of
their judicial functions;
n. To officials of State or local bar
associations or disciplinary boards or
committees when they are investigating
complaints against attorneys in
connection with their representation of
a party before the Board; and
o. To the public, including to the
agency’s Web site following issuance of
a decision.
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POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING AND
DISPOSING OF RECORDS IN THE SYSTEM:
These records are maintained in file
folders and binders and in computer
storage media.
RETRIEVABILITY:
These records are retrieved by the
names of the individuals on whom they
are maintained and by MSPB docket
numbers.
SAFEGUARDS:
Access to these records is limited to
persons whose official duties require
such access. Personal screening is
employed to prevent unauthorized
disclosure. Automated records in this
system are maintained in a secure
computer room in a building with
restricted access. Automated records are
protected from unauthorized access
through password identification
procedures and other system-based
protection methods.
RETENTION AND DISPOSAL:
Paper records are maintained for up to
one year after a final determination by
MSPB or, in some instances, other
administrative authorities or the courts.
Thereafter, they are transferred to
Regional Federal Records Centers or
other appropriate facilities. Paper
records are destroyed by the Federal
Records Centers when the records are
seven years old. Electronic records of
the case management system may be
maintained indefinitely, or until the
Board no longer needs them.
SYSTEM MANAGER(S) AND ADDRESS:
The Clerk of the Board, Merit Systems
Protection Board, Suite 500, 1615 M
Street NW., Washington, DC 20419, and
MSPB regional and field offices (see list
of office addresses in the Appendix).
NOTIFICATION PROCEDURES:
Individuals wishing to inquire
whether this system of records contains
information about them should contact
the Clerk of the Board and must follow
the MSPB Privacy Act regulations at 5
CFR part 1205 regarding such inquiries.
RECORD ACCESS PROCEDURES:
Individuals requesting access to their
records should contact the Clerk of the
Board. If the requester has reason to
believe the records in question are
located in a regional or field office, it is
appropriate to submit the request to that
office. Such requests should be
addressed to the regional director or
chief administrative judge (see list of
office addresses in the Appendix).
Requests for access to records must
Frm 00042
follow the MSPB Privacy Act
regulations at 5 CFR part 1205.
CONTESTING RECORD PROCEDURES:
STORAGE:
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Individuals requesting amendment
should write to the Clerk of the Board.
If the requester has reason to believe the
records in question are located in a
regional or field office, it is appropriate
to submit the request to that office. Such
requests should be addressed to the
regional director or chief administrative
judge (see list of office addresses in the
Appendix).
Requests for amendment of records
must follow the MSPB Privacy Act
regulations at 5 CFR part 1205.
These provisions for amendment of
the record are not intended to permit
the alteration of evidence presented in
the course of adjudication before MSPB
either before or after MSPB has rendered
a decision on the appeal.
RECORD SOURCE CATEGORIES:
The sources of these records are:
a. The individual to whom the record
pertains;
b. The agency employing the above
individual;
c. The MSPB, OPM, EEOC, OSC; and
d. Other individuals or organizations
from whom MSPB has received
testimony, affidavits or other
documents.
Appendix
Regional and Field Offices of the Merit
Systems Protection Board:
1. Atlanta Regional Office, Merit Systems
Protection Board, 401 W. Peachtree Street,
NE., Suite 1050, Atlanta, Georgia 30308.
2. Central Regional Office, Merit Systems
Protection Board, 230 South Dearborn Street,
31st Floor, Chicago, Illinois 60604.
3. Dallas Regional Office, Merit Systems
Protection Board, 1100 Commerce Street,
Room 620, Dallas, Texas 75242.
4. Denver Field Office, Merit Systems
Protection Board, 165 South Union Blvd.,
Suite 318, Lakewood, Colorado 80228.
5. New York Field Office, Merit Systems
Protection Board, 26 Federal Plaza, Room
3137–A, New York, New York 10278.
6. Northeastern Regional Office, Merit
Systems Protection Board, 1601 Market
Street, Suite 1700, Philadelphia,
Pennsylvania 19103.
7. Western Regional Office, Merit Systems
Protection Board, 201 Mission Street, Suite
2310, San Francisco, California 94105.
8. Washington, DC Regional Office, Merit
Systems Protection Board, 1800 Diagonal
Road, Suite 205, Alexandria, VA 22314.
Comments on this amendment
must be received by the Clerk of the
Board on or before November 26, 2012.
(The Privacy Act, at 5 U.S.C.
552a(e)(11), requires that the public be
provided a 30-day period in which to
comment on an agency’s intended use of
information in a system of records.
DATES:
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Federal Register / Vol. 77, No. 207 / Thursday, October 25, 2012 / Notices
Appendix I to Office of Management
and Budget (OMB) Circular A–130
requires an additional 10-day period—
for a total of 40 days—in which to make
such comments). The amended system
of records will be effective, as proposed,
at the end of the comment period unless
the Board determines, upon review of
the comments received, that changes
should be made. In that event, the Board
will publish a revised notice in the
Federal Register.
ADDRESSES: Submit comments to
William D. Spencer, Clerk of the Board,
Merit Systems Protection Board, Suite
500, 1615 M St., NW., Washington, DC
20419. Comments may be submitted by
regular mail to this address, by facsimile
to (202) 653–7130, or by email to
mspb@mspb.gov.
FOR FURTHER INFORMATION CONTACT:
William Spencer, Clerk of the Board, at
(202) 653–7200.
William D. Spencer,
Clerk of the Board.
[FR Doc. 2012–26241 Filed 10–24–12; 8:45 am]
BILLING CODE 7400–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 070–3098; NRC–2011–0081]
Notice of Consideration of Approval of
Application Regarding Proposed
Indirect Transfer of Control of the
Construction Authorization for the
Mixed Oxide Fuel Fabrication Facility
in Aiken, SC
Nuclear Regulatory
Commission.
ACTION: Application for approval of an
indirect transfer of a construction
authorization; opportunity to request a
hearing or provide written comments.
AGENCY:
Submit comments by November
26, 2012. A request for a hearing must
be filed by November 14, 2012.
FOR FURTHER INFORMATION CONTACT:
David H. Tiktinsky, Sr. Project Manager,
Mixed Oxide and Deconversion Branch,
Division of Fuel Cycle Safety and
Safeguards, Office of Nuclear Material
Safety and Safeguards, Nuclear
Regulatory Commission, Washington,
DC 20555–0001 telephone: 301–492–
3229; fax number: 301–492–3359; email:
David.Tiktinsky@nrc.gov.
SUPPLEMENTARY INFORMATION:
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DATES:
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC or the Commission)
is considering an application for
approval of an indirect transfer of
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control regarding construction
authorization (CA) CAMOX–001. The
application, dated August 30, 2012
(ADAMS Accession No. ML12243A498),
was supplemented on October 1, 2012
(ADAMS Accession No. ML12276A108),
This notice of the application (in section
II below) discusses the procedures
applicable to submitting requests for a
hearing, which are set forth in Title 10
of the Code of Federal Regulations (10
CFR), part 2. In accordance with 10 CFR
2,1305(a), written comments on the
application may be submitted as an
alternative to requesting a hearing, as
discussed in section IV below.
The CA was originally issued to Duke
Cogema Stone and Webster on March
25, 2005. The CA was modified in 2006,
to change the name of the CA holder to
Shaw AREVA MOX Services (MOX
Services) (ADAMS Accession No.
ML063110298). Under the CA, MOX
Services is now constructing a Mixed
Oxide Fuel Fabrication Facility (MFFF)
at the Department of Energy (DOE)
Savannah River Site in Aiken, South
Carolina. MOX Services has separately
requested the NRC’s authorization to
operate the MFFF, which is currently
under review.
In its August 30, 2012, application,
MOX Services proposes to make
changes in its ownership structure,
whereby its ultimate parent corporation
(‘‘The Shaw Group, Inc.’’) would
become a wholly-owned subsidiary of
Chicago Bridge and Iron Company NV
Shaw (CB&I Shaw), based on a purchase
transaction agreement dated July 30,
2012 (ADAMS Accession No.
ML12269A340). MOX Services would
continue to hold the CA, and no
physical changes to the MFFF are being
proposed. An NRC administrative
review, documented in an email sent to
MOX Services on September 11, 2012
(ADAMS Accession No. ML12269A087),
found the application acceptable to
begin a more detailed technical review.
If the August 30, 2012 application is
granted, the CA would be amended for
administrative purposes to reflect the
indirect transfer. No physical changes
would be made at the MFFF site as a
result of the indirect transfer. An
environmental assessment of the
proposed action will not be prepared
because such transfers are actions which
are categorically excluded from the need
to conduct any further environmental
review, pursuant to 10 CFR 51.22(c)(21).
If the application is granted, an
evaluation will document the approval
of the indirect transfer of control, and
the evaluation would contain the
required findings as discussed further
below.
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Pursuant to 10 CFR 70.36, no license
granted under 10 CFR part 70, and no
right thereunder to possess or utilize
special nuclear material (SNM), shall be
transferred, assigned, or in any manner
disposed of, directly or indirectly,
through transfer of control of any
license to any person unless the
Commission, after securing full
information, finds that the transfer is in
accordance with the Atomic Energy Act
(AEA), and gives its consent in writing.
The CA does not authorize MOX
Services to use SNM at the MFFF—it
only authorizes MOX Services to
construct the MFFF. The CA is thus
analogous to a construction permit, and
it has served as the mechanism under
which the NRC has overseen the MFFF
construction activities. Because the term
‘‘license’’, as defined in 10 CFR 2.4,
includes a construction permit, and
because the Administrative Procedure
Act’s definition of the term ‘‘license’’, in
5 U.S.C. 551(8), includes any agency
approval or other form of permission,
the NRC finds that the 10 CFR 70.36
requirements are applicable here.
The NRC will approve the August 30,
2012, application for the indirect
transfer of the CA if it determines that
the proposed restructuring and
reorganization will not affect the
qualifications of MOX Services to hold
the CA, and that the transfer is
otherwise consistent with applicable
provisions of law, regulations, and any
NRC orders that may be applicable.
II. Opportunity To Request a Hearing
and Leave To Intervene
Requirements for submitting hearing
requests and petitions for leave to
intervene are found in 10 CFR 2.309,
‘‘Hearing requests, petitions to
intervene, requirements for standing,
and contentions.’’ Interested persons
should consult 10 CFR 2.309, which is
available at the NRC’s PDR, located at
One White Flint North, 11555 Rockville
Pike, Mail Stop: O1–F21, Rockville, MD
20852. You may also call the PDR at 1–
800–397–4209 or 301–415–4737. The
NRC regulations are also accessible
electronically from the NRC Library on
the NRC Web site at https://www.nrc.gov/
reading-rm/doc-collections/cfr/
Pursuant to 10 CFR 2.309(a), any
person whose interest may be affected
by this proceeding, and who wishes to
participate as a party in the proceeding
must file a written request for hearing
and petition for leave to intervene. As
required by 10 CFR 2.309, a petition for
leave to intervene shall set forth with
particularity the interest of the
petitioner in the proceeding and how
that interest may be affected by the
results of the proceeding. Pursuant to 10
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]]>Agencies
[Federal Register Volume 77, Number 207 (Thursday, October 25, 2012)]
[Notices]
[Pages 65206-65208]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26241]
=======================================================================
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MERIT SYSTEMS PROTECTION BOARD
Privacy Act of 1974; Amendment of Privacy Act System of Records
AGENCY: Merit Systems Protection Board.
ACTION: Notice of amendment to system of records.
-----------------------------------------------------------------------
SUMMARY: The Merit Systems Protection Board (MSPB) is issuing public
notice of its intent to amend a Government-wide system of records that
it maintains subject to the Privacy Act of 1974 (5 U.S.C. 552a). MSPB/
GOVT-1, ``Appeals and Case Records,'' is being amended to reflect that
its location is in the Office of the Clerk of the Board.
Also, the purpose(s) under the authority for maintenance of the
system was amended to reflect that these records may be used to
document and adjudicate appeals and other matters arising under the
Board's appellate and original jurisdiction; locate appeal documents
and files, physical or electronic; provide statistical data for
reports, staff productivity, and other management functions; and
provide information to support other statutory functions of the Board,
such as studies of the civil service under 5 U.S.C. 1204(a)(3), and
review of regulations of the Office of Personnel Management (OPM) under
5 U.S.C. 1204(f), and reporting under 5 U.S.C. 1206. The MSPB is also
adding a routine use: release to the public, including via the agency's
Web site following issuance of a decision.
MSPB/GOVT-1
System name:
Appeals and Case Records.
System location:
Office of the Clerk of the Board, Merit Systems Protection Board
(MSPB), Suite 500, 1615 M Street NW., Washington, DC 20419, and MSPB
regional and field offices (see list of office addresses in the
Appendix).
Categories of individuals covered by the system:
a. Current and former Federal employees, applicants for employment,
annuitants, and other individuals who have filed appeals with MSPB or
its predecessor agency, or with respect to whom the Office of Special
Counsel (OSC) or another Federal agency has petitioned MSPB concerning
any matter over which MSPB has jurisdiction.
b. Current and former employees of State and local governments who
have been investigated by OSC and have had an appeal before MSPB
concerning possible violation of the Hatch Act.
Categories of records in the system:
a. These records contain information or documents such as briefs,
pleadings, motions, exhibits, hearing transcripts, and MSPB decisions,
which comprise the administrative records of appeals and other matters
arising under the adjudicatory authority of the Board. These records
may also contain individual appellants' names, social security numbers,
home addresses, veterans' status, race, sex, national origin, and
disability status data.
b. This system also includes the Board's case processing system
(CPS). The CPS was designed to manage all documents created by the
Board during the processing of a case, as well as documents that are
received electronically from the parties. At the present time, the CPS
includes: a document assembly system to create documents; a document
management system to manage and store documents; a case management
system to record activities in cases, track the location of case files,
and produce statistical reports on cases; and an electronic filing and
electronic publishing system to allow the parties to send and receive
case documents electronically.
Note: This system includes records and documents compiled by
Federal agencies in processing adverse actions and actions based on
unacceptable performance, covered by OPM/GOVT-3, when such actions are
appealed to MSPB.
Authority for maintenance of the system:
5 U.S.C. 1204.
Purpose(s):
These records may be used to:
a. Document and adjudicate appeals and other matters arising under
the Board's appellate and original jurisdiction;
b. Locate appeal documents and files, whether physical or
electronic;
c. Provide statistical data for reports, staff productivity, and
other management functions; and
d. Provide information to support other statutory functions of the
Board, such as studies of the civil service under 5 U.S.C. 1204(a)(3),
review of regulations of the Office of Personnel Management under 5
U.S.C. 1204(f), and reporting under 5 U.S.C. 1206.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Information from the record may be disclosed:
a. To officials of the Equal Employment Opportunity Commission
(EEOC) or a Special Panel convened under authority of 5 U.S.C. 7702
when requested in connection with the performance of their authorized
duties;
b. To officials of the Office of Personnel Management (OPM), the
Federal Labor Relations Authority (FLRA), EEOC, and OSC in connection
with the performance of their authorized duties;
c. To the Government Accountability Office (GAO) in response to an
official inquiry or investigation;
d. To provide information to a Congressional office from the record
of an individual in response to an inquiry from that Congressional
office made at the request of that individual;
e. To an appropriate Federal or local agency responsible for
investigating, prosecuting, enforcing, or implementing a statute, rule,
regulation, or order where there is an indication of a violation or
potential violation of civil or criminal law or regulation;
f. To the Office of Management and Budget (OMB) at any stage in the
legislative process in connection with private relief legislation as
set forth in OMB Circular No. A-19;
g. To the Department of Justice (DOJ) when:
(1) The Board, or any component thereof; or
(2) Any employee of the Board in the employee's official capacity;
or
(3) Any employee of the Board in the employee's individual capacity
where the Department of Justice (DOJ) has agreed to represent the
employee; or
(4) The United States is a party to litigation or has an interest
in such
[[Page 65207]]
litigation and the use of such records is deemed to be relevant and
necessary to the litigation, providing that the disclosure of the
records is a use of the information contained in the records that is
compatible with the purpose for which the records were collected, or
approval or consultation is required;
h. In any proceeding before a court or adjudicative body before
which the Board is authorized to appear when:
(1) The Board, or any component thereof; or
(2) Any employee of the Board in the employee's official capacity;
or
(3) Any employee of the Board in the employee's individual capacity
where the DOJ has agreed to represent the employee; or
(4) The United States is a party to litigation or has an interest
in such litigation and the use of such records is deemed to be relevant
and necessary to the litigation, providing that the disclosure of the
records is a use of the information contained in the records that is
compatible with the purpose for which the records were collected, or
approval or consultation is required;
i. To any person making a status inquiry regarding a proceeding
before MSPB;
j. To the National Archives and Records Administration in records
management inspections conducted under authority of 44 U.S.C. 2904 and
2906;
k. In response to a request for discovery or for appearance of a
witness, if the requested information is relevant to the subject matter
involved in a pending judicial or administrative proceeding;
l. To Federal and State agencies for the purpose of providing MSPB
with information concerning MSPB appellants, which information will be
used, absent personal identifiers, in MSPB research projects mandated
by 5 U.S.C. 1204(a)(3);
m. To officials of the United States Court of Appeals for the
Federal Circuit in connection with the performance of their judicial
functions;
n. To officials of State or local bar associations or disciplinary
boards or committees when they are investigating complaints against
attorneys in connection with their representation of a party before the
Board; and
o. To the public, including to the agency's Web site following
issuance of a decision.
Policies and practices for storing, retrieving, accessing, retaining
and disposing of records in the system:
Storage:
These records are maintained in file folders and binders and in
computer storage media.
Retrievability:
These records are retrieved by the names of the individuals on whom
they are maintained and by MSPB docket numbers.
Safeguards:
Access to these records is limited to persons whose official duties
require such access. Personal screening is employed to prevent
unauthorized disclosure. Automated records in this system are
maintained in a secure computer room in a building with restricted
access. Automated records are protected from unauthorized access
through password identification procedures and other system-based
protection methods.
Retention and disposal:
Paper records are maintained for up to one year after a final
determination by MSPB or, in some instances, other administrative
authorities or the courts. Thereafter, they are transferred to Regional
Federal Records Centers or other appropriate facilities. Paper records
are destroyed by the Federal Records Centers when the records are seven
years old. Electronic records of the case management system may be
maintained indefinitely, or until the Board no longer needs them.
System manager(s) and address:
The Clerk of the Board, Merit Systems Protection Board, Suite 500,
1615 M Street NW., Washington, DC 20419, and MSPB regional and field
offices (see list of office addresses in the Appendix).
Notification procedures:
Individuals wishing to inquire whether this system of records
contains information about them should contact the Clerk of the Board
and must follow the MSPB Privacy Act regulations at 5 CFR part 1205
regarding such inquiries.
Record access procedures:
Individuals requesting access to their records should contact the
Clerk of the Board. If the requester has reason to believe the records
in question are located in a regional or field office, it is
appropriate to submit the request to that office. Such requests should
be addressed to the regional director or chief administrative judge
(see list of office addresses in the Appendix). Requests for access to
records must follow the MSPB Privacy Act regulations at 5 CFR part
1205.
Contesting record procedures:
Individuals requesting amendment should write to the Clerk of the
Board. If the requester has reason to believe the records in question
are located in a regional or field office, it is appropriate to submit
the request to that office. Such requests should be addressed to the
regional director or chief administrative judge (see list of office
addresses in the Appendix).
Requests for amendment of records must follow the MSPB Privacy Act
regulations at 5 CFR part 1205.
These provisions for amendment of the record are not intended to
permit the alteration of evidence presented in the course of
adjudication before MSPB either before or after MSPB has rendered a
decision on the appeal.
Record source categories:
The sources of these records are:
a. The individual to whom the record pertains;
b. The agency employing the above individual;
c. The MSPB, OPM, EEOC, OSC; and
d. Other individuals or organizations from whom MSPB has received
testimony, affidavits or other documents.
Appendix
Regional and Field Offices of the Merit Systems Protection
Board:
1. Atlanta Regional Office, Merit Systems Protection Board, 401
W. Peachtree Street, NE., Suite 1050, Atlanta, Georgia 30308.
2. Central Regional Office, Merit Systems Protection Board, 230
South Dearborn Street, 31st Floor, Chicago, Illinois 60604.
3. Dallas Regional Office, Merit Systems Protection Board, 1100
Commerce Street, Room 620, Dallas, Texas 75242.
4. Denver Field Office, Merit Systems Protection Board, 165
South Union Blvd., Suite 318, Lakewood, Colorado 80228.
5. New York Field Office, Merit Systems Protection Board, 26
Federal Plaza, Room 3137-A, New York, New York 10278.
6. Northeastern Regional Office, Merit Systems Protection Board,
1601 Market Street, Suite 1700, Philadelphia, Pennsylvania 19103.
7. Western Regional Office, Merit Systems Protection Board, 201
Mission Street, Suite 2310, San Francisco, California 94105.
8. Washington, DC Regional Office, Merit Systems Protection
Board, 1800 Diagonal Road, Suite 205, Alexandria, VA 22314.
DATES: Comments on this amendment must be received by the Clerk of the
Board on or before November 26, 2012. (The Privacy Act, at 5 U.S.C.
552a(e)(11), requires that the public be provided a 30-day period in
which to comment on an agency's intended use of information in a system
of records.
[[Page 65208]]
Appendix I to Office of Management and Budget (OMB) Circular A-130
requires an additional 10-day period--for a total of 40 days--in which
to make such comments). The amended system of records will be
effective, as proposed, at the end of the comment period unless the
Board determines, upon review of the comments received, that changes
should be made. In that event, the Board will publish a revised notice
in the Federal Register.
ADDRESSES: Submit comments to William D. Spencer, Clerk of the Board,
Merit Systems Protection Board, Suite 500, 1615 M St., NW., Washington,
DC 20419. Comments may be submitted by regular mail to this address, by
facsimile to (202) 653-7130, or by email to mspb@mspb.gov.
FOR FURTHER INFORMATION CONTACT: William Spencer, Clerk of the Board,
at (202) 653-7200.
William D. Spencer,
Clerk of the Board.
[FR Doc. 2012-26241 Filed 10-24-12; 8:45 am]
BILLING CODE 7400-01-P
