Privacy Act of 1974; System of Records, 44309-44311 [2018-18786]
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Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Notices
amozie on DSK3GDR082PROD with NOTICES1
exemption request and the license
amendment. The exemption met all
applicable regulatory criteria set forth in
10 CFR 50.12, 52.7, and section VIII.A.4
of appendix D to 10 CFR part 52. The
license amendment was found to be
acceptable as well. The combined safety
evaluation is available in ADAMS under
Accession No. ML18150A160.
Identical exemption documents
(except for referenced unit numbers and
license numbers) were issued to the
licensee for VEGP Units 3 and 4 (COLs
NPF–91 and NPF–92). The exemption
documents for VEGP Units 3 and 4 can
be found in ADAMS under Accession
Nos. ML18156A143 and ML18156A144
respectively. The exemption is
reproduced (with the exception of
abbreviated titles and additional
citations) in Section II of this document.
The amendment documents for COLs
NPF–91 and NPF–92 are available in
ADAMS under Accession Nos.
ML18156A145 and ML18156A147
respectively. A summary of the
amendment documents is provided in
Section III of this document.
II. Exemption
Reproduced below is the exemption
document issued to VEGP Units 3 and
Unit 4. It makes reference to the
combined safety evaluation that
provides the reasoning for the findings
made by the NRC (and listed under Item
1) in order to grant the exemption:
1. In an application dated December
20, 2017, SNC requested from the
Commission an exemption to allow
departures from Tier 1 information in
the certified DCD incorporated by
reference in 10 CFR part 52, appendix
D, as part of license amendment request
17–044, ‘‘ITAAC [Inspections, Tests,
Analysis, and Acceptance Criteria] for
Pneumatic Testing of VES Air Lines’’
For the reasons set forth in Section 3.2
of the NRC staff’s Safety Evaluation,
which can be found in ADAMS under
Accession No.ML18150A160, the
Commission finds that:
A. The exemption is authorized by
law;
B. the exemption presents no undue
risk to public health and safety;
C. the exemption is consistent with
the common defense and security;
D. special circumstances are present
in that the application of the rule in this
circumstance is not necessary to serve
the underlying purpose of the rule;
E. the special circumstances outweigh
any decrease in safety that may result
from the reduction in standardization
caused by the exemption; and
F. the exemption will not result in a
significant decrease in the level of safety
otherwise provided by the design.
VerDate Sep<11>2014
17:25 Aug 29, 2018
Jkt 244001
2. Accordingly, SNC is granted an
exemption from the certified DCD Tier
1 information, with corresponding
information in COL Appendix C of the
Facility Combined License as described
in the licensee’s request dated December
20, 2017. This exemption is related to,
and necessary for the granting of
License Amendment No. 130 for Unit 3
and 129 for Unit 4, which is being
issued concurrently with this
exemption.
3. As explained in Section 5.0 of the
NRC staff’s Safety Evaluation (ADAMS
Accession No.ML18150A160), this
exemption meets the eligibility criteria
for categorical exclusion set forth in 10
CFR 51.22(c)(9). Therefore, pursuant to
10 CFR 51.22(b), no environmental
impact statement or environmental
assessment needs to be prepared in
connection with the issuance of the
exemption.
4. This exemption is effective as of the
date of its issuance.
III. License Amendment Request
By letter dated December 20, 2017
(ADAMS Accession No.ML17354A964),
the licensee requested that the NRC
amend the COLs for VEGP, Units 3 and
4, COLs NPF–91 and NPF–92. The
proposed amendment is described in
Section I of this Federal Register notice.
The Commission has determined for
these amendments that the application
complies with the standards and
requirements of the Atomic Energy Act
of 1954, as amended (the Act), and the
Commission’s rules and regulations.
The Commission has made appropriate
findings as required by the Act and the
Commission’s rules and regulations in
10 CFR chapter I, which are set forth in
the license amendment.
A notice of consideration of issuance
of amendment to facility operating
license or COL, as applicable, proposed
no significant hazards consideration
determination, and opportunity for a
hearing in connection with these
actions, was published in the Federal
Register on March 13, 2018 (83
FR10922). No comments were received
during the 30-day comment period.
The Commission has determined that
these amendments satisfy the criteria for
categorical exclusion in accordance
with 10 CFR 51.22. Therefore, pursuant
to 10 CFR 51.22(b), no environmental
impact statement or environmental
assessment need be prepared for these
amendments.
IV. Conclusion
PO 00000
Frm 00053
Fmt 4703
amendment that the licensee requested
on December 20, 2017.
The exemption and amendment were
issued on July 10, 2018, as part of a
combined package to the licensee
(ADAMS Accession No. ML18156A141).
Dated at Rockville, Maryland, this 27th day
of August 2018.
For the Nuclear Regulatory Commission.
Jennifer Dixon-Herrity,
Chief, Licensing Branch 4, Division of
Licensing, Siting, and Environmental
Analysis Office of New Reactors.
[FR Doc. 2018–18846 Filed 8–29–18; 8:45 am]
BILLING CODE 7590–01–P
OCCUPATIONAL SAFETY AND
HEALTH REVIEW COMMISSION
Privacy Act of 1974; System of
Records
Occupational Safety and Health
Review Commission.
ACTION: Notice of a modified system of
records.
AGENCY:
In accordance with the
Privacy Act of 1974, as amended, the
Occupational Safety and Health Review
Commission (OSHRC) is revising the
notice for Privacy Act system-of-records
OSHRC–4.
DATES: Comments must be received by
OSHRC on or before October 1, 2018.
The revised system of records will
become effective on that date, without
any further notice in the Federal
Register, unless comments or
government approval procedures
necessitate otherwise.
ADDRESSES: You may submit comments
by any of the following methods:
• Email: rbailey@oshrc.gov. Include
‘‘PRIVACY ACT SYSTEM OF
RECORDS’’ in the subject line of the
message.
• Fax: (202) 606–5417.
• Mail: One Lafayette Centre, 1120
20th Street NW, Ninth Floor,
Washington, DC 20036–3457.
• Hand Delivery/Courier: Same as
mailing address.
Instructions: All submissions must
include your name, return address, and
email address, if applicable. Please
clearly label submissions as ‘‘PRIVACY
ACT SYSTEM OF RECORDS.’’
FOR FURTHER INFORMATION CONTACT: Ron
Bailey, Attorney-Advisor, Office of the
General Counsel, via telephone at (202)
606–5410, or via email at rbailey@
oshrc.gov.
SUMMARY:
The
Privacy Act of 1974, 5 U.S.C. 552a(e)(4),
requires federal agencies such as
OSHRC to publish in the Federal
SUPPLEMENTARY INFORMATION:
Using the reasons set forth in the
combined safety evaluation, the staff
granted the exemption and issued the
Sfmt 4703
44309
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44310
Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Notices
Register notice of any new or modified
system of records. No significant
changes have been made to the
following system-of-records notice.
However, the Office of Management and
Budget in OMB Circular A–108, at p. 11,
has encouraged agencies not to rely on
blanket routine uses—uses listed in a
separate document that apply to all
systems of records. OSHRC, therefore,
has revised its notice for OSHRC–6 to
include a full description of the
applicable routine uses. This is simply
a change in format that has not resulted
in any substantive changes to the
routine uses for this system of records.
The notice for OSHRC–6, provided
below in its entirety, is as follows.
SYSTEM NAME AND NUMBER
E-Filing/Case Management System,
OSHRC–6.
SECURITY CLASSIFICATION:
None.
RECORD SOURCE CATEGORIES:
SYSTEM LOCATION:
Electronic records are maintained in a
private cloud within an Oracle
Database, operated by MicroPact at
12901 Worldgate Drive, Suite 800,
Herndon, VA 20170. Paper records are
maintained by the Office of the
Executive Secretary, located at 1120
20th Street NW, Ninth Floor,
Washington, DC 20036–3457.
SYSTEM MANAGER(S):
Supervisory Information Technology
Specialist (electronic records contained
in the e-filing/case management system)
and the Executive Secretary (all other
records), OSHRC, 1120 20th Street NW,
Ninth Floor, Washington, DC 20036–
3457; (202) 606–5100.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 661.
PURPOSE(S) OF THE SYSTEM:
This system of records is maintained
for the purpose of processing cases that
are before OSHRC.
amozie on DSK3GDR082PROD with NOTICES1
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
This system of records covers (1)
ALJs; (2) Commission members and
their staff; (3) OSHRC employees
entering data into the e-filing/case
management system, or assigned
responsibilities with respect to a
particular case; and (4) parties, the
parties’ points of contact, and the
parties’ representatives in cases that
have been, or presently are, before
OSHRC.
CATEGORIES OF RECORDS IN THE SYSTEM:
The electronic records contain the
following information: (1) The names of
VerDate Sep<11>2014
those covered by the system of records
and, as to parties, their points of
contact; (2) the telephone and fax
numbers, business email addresses,
and/or business street addresses of those
covered by the system of records; (3) the
names of OSHRC cases, and information
associated with the cases, such as the
inspection number, the docket number,
the state in which the action arose, the
names of the representatives, and
whether the case involved a fatality; (4)
events occurring in cases and the dates
on which the events occurred; (5)
documents filed in cases and the dates
on which the documents were filed; and
(6) the names of OSHRC employees
entering data into the e-filing/case
management system, or assigned
responsibilities with respect to a
particular case. The paper records are
hard copies of the electronic records in
the e-filing/case management system.
17:25 Aug 29, 2018
Jkt 244001
Information in this system is derived
from the individual to whom it applies
or is derived from case processing
records maintained by the Office of the
Executive Secretary and the Office of
the General Counsel, or from
information provided by the parties who
appear before OSHRC.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES:
In addition to disclosures generally
permitted under 5 U.S.C. 552a(b), all or
a portion of the records or information
contained in this system of records may
be disclosed as a routine use pursuant
to 5 U.S.C. 552a(b)(3) under the
circumstances or for the purposes
described below, to the extent such
disclosures are compatible with the
purposes for which the information was
collected:
(1) To the Department of Justice (DOJ),
or to a court or adjudicative body before
which OSHRC is authorized to appear,
when any of the following entities or
individuals—(a) OSHRC, or any of its
components; (b) any employee of
OSHRC in his or her official capacity;
(c) any employee of OSHRC in his or her
individual capacity where DOJ (or
OSHRC where it is authorized to do so)
has agreed to represent the employee; or
(d) the United States, where OSHRC
determines that litigation is likely to
affect OSHRC or any of its
components—is a party to litigation or
has an interest in such litigation, and
OSHRC determines that the use of such
records by DOJ, or by a court or other
tribunal, or another party before such
tribunal, is relevant and necessary to the
litigation.
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Fmt 4703
Sfmt 4703
(2) To an appropriate agency, whether
federal, state, local, or foreign, charged
with investigating or prosecuting a
violation or enforcing or implementing
a law, rule, regulation, or order, when
a record, either on its face or in
conjunction with other information,
indicates a violation or potential
violation of law, which includes civil,
criminal or regulatory violations, and
such disclosure is proper and consistent
with the official duties of the person
making the disclosure.
(3) To a federal, state, or local agency
maintaining civil, criminal or other
relevant enforcement information, such
as current licenses, if necessary to
obtain information relevant to an
OSHRC decision concerning the hiring,
appointment, or retention of an
employee; the issuance, renewal,
suspension, or revocation of a security
clearance; the execution of a security or
suitability investigation; the letting of a
contract; or the issuance of a license,
grant or other benefit.
(4) To a federal, state, or local agency,
in response to that agency’s request for
a record, and only to the extent that the
information is relevant and necessary to
the requesting agency’s decision in the
matter, if the record is sought in
connection with the hiring,
appointment, or retention of an
employee; the issuance, renewal,
suspension, or revocation of a security
clearance; the execution of a security or
suitability investigation; the letting of a
contract; or the issuance of a license,
grant or other benefit by the requesting
agency.
(5) To an authorized appeal grievance
examiner, formal complaints manager,
equal employment opportunity
investigator, arbitrator, or other duly
authorized official engaged in
investigation or settlement of a
grievance, complaint, or appeal filed by
an employee, only to the extent that the
information is relevant and necessary to
the case or matter.
(6) To OPM in accordance with the
agency’s responsibilities for evaluation
and oversight of federal personnel
management.
(7) To officers and employees of a
federal agency for the purpose of
conducting an audit, but only to the
extent that the record is relevant and
necessary to this purpose.
(8) To OMB in connection with the
review of private relief legislation at any
stage of the legislative coordination and
clearance process, as set forth in
Circular No. A–19.
(9) To a Member of Congress or to a
person on his or her staff acting on the
Member’s behalf when a written request
is made on behalf and at the behest of
E:\FR\FM\30AUN1.SGM
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Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Notices
amozie on DSK3GDR082PROD with NOTICES1
the individual who is the subject of the
record.
(10) To the National Archives and
Records Administration (NARA) for
records management inspections and
such other purposes conducted under
the authority of 44 U.S.C. 2904 and
2906.
(11) To appropriate agencies, entities,
and persons when: (a) OSHRC suspects
or has confirmed that there has been a
breach of the system of records; (b)
OSHRC has determined that as a result
of the suspected or confirmed breach
there is a risk of harm to individuals,
OSHRC, the Federal Government, or
national security; and (c) the disclosure
made to such agencies, entities, and
persons is reasonably necessary to assist
in connection with OSHRC’s efforts to
respond to the suspected or confirmed
breach or to prevent, minimize, or
remedy such harm.
(12) To NARA, Office of Government
Information Services (OGIS), to the
extent necessary to fulfill its
responsibilities in 5 U.S.C. 552(h), to
review administrative agency policies,
procedures and compliance with FOIA,
and to facilitate OGIS’ offering of
mediation services to resolve disputes
between persons making FOIA requests
and administrative agencies.
(13) To another federal agency or
federal entity, when OSHRC determines
that information from this system of
records is reasonably necessary to assist
the recipient agency or entity in (a)
responding to a suspected or confirmed
breach or (b) preventing, minimizing, or
remedying the risk of harm to
individuals, the recipient agency or
entity (including its information
systems, programs, and operations), the
Federal Government, or national
security, resulting from a suspected or
confirmed breach.
(14) To a bar association or similar
federal, state, or local licensing
authority for a possible disciplinary
action.
(15) To vetted MicroPact employees
in order to ensure that the e-filing/case
management system is properly
maintained.
(16) To the public, in accordance with
29 U.S.C. 661(g), for the purpose of
inspecting and/or copying the records at
OSHRC.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
At MicroPact’s secure facility, the
information is stored in a database
contained on a separate database server
behind the application server serving
the data. Paper records are stored in the
records room and in file cabinets.
VerDate Sep<11>2014
17:25 Aug 29, 2018
Jkt 244001
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Electronic records contained in the
case e-filing/case management system
may be retrieved by any of the data
items listed under ‘‘Categories of
Records in the System,’’ including
docket number, inspection number, any
part of a representative’s name or the
case name, and user. Paper records may
be retrieved manually by docket number
or case name.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Under Records Disposition Schedule
N1–455–90–1, paper case files may be
destroyed 20 years after a case closes.
Under Records Disposition Schedule
N1–455–11–2, electronic records
pertaining to those paper case files may
be deleted when no longer needed for
the conduct of current business.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Electronic records contained in the efiling/case management system are
safeguarded as follows. Data going
across the internet is encrypted using
SSL encryption. Every system is
password protected. MicroPact, which
stores the data in a private cloud within
an Oracle Database, operates its own
datacenter that is protected by physical
security measures. Only authorized
MicroPact employees who have both
physical key and key card access to the
datacenter can physically access the
sites where data is stored. Only
authorized and vetted MicroPact
employees have access to the servers
containing any PII.
The access of parties and their
representatives to electronic records in
the system is limited to active files
pertaining to cases in which the parties
are named, or the representatives have
entered appearances. The access of
OSHRC employees is limited to
personnel having a need for access to
perform their official functions and is
additionally restricted through
password identification procedures.
Paper records are maintained in a
records room that can only be accessed
using a smartcard or a key. Some paper
records are also maintained in file
cabinets. During duty hours, these
records are under surveillance of
personnel charged with their custody,
and after duty hours, the records are
secured behind locked doors. Access to
the cabinets is limited to personnel
having a need for access to perform their
official functions.
RECORD ACCESS PROCEDURES:
Individuals who wish to gain access
to their records should notify: Privacy
PO 00000
Frm 00055
Fmt 4703
Sfmt 4703
44311
Officer, OSHRC, 1120 20th Street NW,
Ninth Floor, Washington, DC 20036–
3457. For an explanation on how such
requests should be drafted, refer to 29
CFR 2400.6 (procedures for requesting
records).
CONTESTING RECORD PROCEDURES:
Individuals who wish to contest their
records should notify: Privacy Officer,
OSHRC, 1120 20th Street NW, Ninth
Floor, Washington, DC 20036–3457. For
an explanation on the specific
procedures for contesting the contents
of a record, refer to 29 CFR 2400.8
(Procedures for requesting amendment),
and 29 CFR 2400.9 (Procedures for
appealing).
NOTIFICATION PROCEDURES:
Individuals interested in inquiring
about their records should notify:
Privacy Officer, OSHRC, 1120 20th
Street NW, Ninth Floor, Washington, DC
20036–3457. For an explanation on how
such requests should be drafted, refer to
29 CFR 2400.5 (notification), and 29
CFR 2400.6 (procedures for requesting
records).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
July 7, 2016, 81 FR 44335; and
September 28, 2017, 82 FR 45324.
Dated: August 23, 2018.
Nadine N. Mancini,
General Counsel, Senior Agency Official for
Privacy.
[FR Doc. 2018–18786 Filed 8–29–18; 8:45 am]
BILLING CODE 7600–01–P
POSTAL REGULATORY COMMISSION
[Docket Nos. MC2018–213 and CP2018–295;
MC2018–214 and CP2018–296]
New Postal Products
Postal Regulatory Commission.
Notice.
AGENCY:
ACTION:
The Commission is noticing a
recent Postal Service filing for the
Commission’s consideration concerning
negotiated service agreements. This
notice informs the public of the filing,
invites public comment, and takes other
administrative steps.
DATES: Comments are due: September 4,
2018.
ADDRESSES: Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov. Those who cannot submit
comments electronically should contact
the person identified in the FOR FURTHER
SUMMARY:
E:\FR\FM\30AUN1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)]
[Notices]
[Pages 44309-44311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18786]
=======================================================================
-----------------------------------------------------------------------
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
Privacy Act of 1974; System of Records
AGENCY: Occupational Safety and Health Review Commission.
ACTION: Notice of a modified system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, as amended, the
Occupational Safety and Health Review Commission (OSHRC) is revising
the notice for Privacy Act system-of-records OSHRC-4.
DATES: Comments must be received by OSHRC on or before October 1, 2018.
The revised system of records will become effective on that date,
without any further notice in the Federal Register, unless comments or
government approval procedures necessitate otherwise.
ADDRESSES: You may submit comments by any of the following methods:
Email: [email protected]. Include ``PRIVACY ACT SYSTEM OF
RECORDS'' in the subject line of the message.
Fax: (202) 606-5417.
Mail: One Lafayette Centre, 1120 20th Street NW, Ninth
Floor, Washington, DC 20036-3457.
Hand Delivery/Courier: Same as mailing address.
Instructions: All submissions must include your name, return
address, and email address, if applicable. Please clearly label
submissions as ``PRIVACY ACT SYSTEM OF RECORDS.''
FOR FURTHER INFORMATION CONTACT: Ron Bailey, Attorney-Advisor, Office
of the General Counsel, via telephone at (202) 606-5410, or via email
at [email protected].
SUPPLEMENTARY INFORMATION: The Privacy Act of 1974, 5 U.S.C.
552a(e)(4), requires federal agencies such as OSHRC to publish in the
Federal
[[Page 44310]]
Register notice of any new or modified system of records. No
significant changes have been made to the following system-of-records
notice. However, the Office of Management and Budget in OMB Circular A-
108, at p. 11, has encouraged agencies not to rely on blanket routine
uses--uses listed in a separate document that apply to all systems of
records. OSHRC, therefore, has revised its notice for OSHRC-6 to
include a full description of the applicable routine uses. This is
simply a change in format that has not resulted in any substantive
changes to the routine uses for this system of records.
The notice for OSHRC-6, provided below in its entirety, is as
follows.
SYSTEM NAME AND NUMBER
E-Filing/Case Management System, OSHRC-6.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Electronic records are maintained in a private cloud within an
Oracle Database, operated by MicroPact at 12901 Worldgate Drive, Suite
800, Herndon, VA 20170. Paper records are maintained by the Office of
the Executive Secretary, located at 1120 20th Street NW, Ninth Floor,
Washington, DC 20036-3457.
SYSTEM MANAGER(S):
Supervisory Information Technology Specialist (electronic records
contained in the e-filing/case management system) and the Executive
Secretary (all other records), OSHRC, 1120 20th Street NW, Ninth Floor,
Washington, DC 20036-3457; (202) 606-5100.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 661.
PURPOSE(S) OF THE SYSTEM:
This system of records is maintained for the purpose of processing
cases that are before OSHRC.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system of records covers (1) ALJs; (2) Commission members and
their staff; (3) OSHRC employees entering data into the e-filing/case
management system, or assigned responsibilities with respect to a
particular case; and (4) parties, the parties' points of contact, and
the parties' representatives in cases that have been, or presently are,
before OSHRC.
CATEGORIES OF RECORDS IN THE SYSTEM:
The electronic records contain the following information: (1) The
names of those covered by the system of records and, as to parties,
their points of contact; (2) the telephone and fax numbers, business
email addresses, and/or business street addresses of those covered by
the system of records; (3) the names of OSHRC cases, and information
associated with the cases, such as the inspection number, the docket
number, the state in which the action arose, the names of the
representatives, and whether the case involved a fatality; (4) events
occurring in cases and the dates on which the events occurred; (5)
documents filed in cases and the dates on which the documents were
filed; and (6) the names of OSHRC employees entering data into the e-
filing/case management system, or assigned responsibilities with
respect to a particular case. The paper records are hard copies of the
electronic records in the e-filing/case management system.
RECORD SOURCE CATEGORIES:
Information in this system is derived from the individual to whom
it applies or is derived from case processing records maintained by the
Office of the Executive Secretary and the Office of the General
Counsel, or from information provided by the parties who appear before
OSHRC.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to disclosures generally permitted under 5 U.S.C.
552a(b), all or a portion of the records or information contained in
this system of records may be disclosed as a routine use pursuant to 5
U.S.C. 552a(b)(3) under the circumstances or for the purposes described
below, to the extent such disclosures are compatible with the purposes
for which the information was collected:
(1) To the Department of Justice (DOJ), or to a court or
adjudicative body before which OSHRC is authorized to appear, when any
of the following entities or individuals--(a) OSHRC, or any of its
components; (b) any employee of OSHRC in his or her official capacity;
(c) any employee of OSHRC in his or her individual capacity where DOJ
(or OSHRC where it is authorized to do so) has agreed to represent the
employee; or (d) the United States, where OSHRC determines that
litigation is likely to affect OSHRC or any of its components--is a
party to litigation or has an interest in such litigation, and OSHRC
determines that the use of such records by DOJ, or by a court or other
tribunal, or another party before such tribunal, is relevant and
necessary to the litigation.
(2) To an appropriate agency, whether federal, state, local, or
foreign, charged with investigating or prosecuting a violation or
enforcing or implementing a law, rule, regulation, or order, when a
record, either on its face or in conjunction with other information,
indicates a violation or potential violation of law, which includes
civil, criminal or regulatory violations, and such disclosure is proper
and consistent with the official duties of the person making the
disclosure.
(3) To a federal, state, or local agency maintaining civil,
criminal or other relevant enforcement information, such as current
licenses, if necessary to obtain information relevant to an OSHRC
decision concerning the hiring, appointment, or retention of an
employee; the issuance, renewal, suspension, or revocation of a
security clearance; the execution of a security or suitability
investigation; the letting of a contract; or the issuance of a license,
grant or other benefit.
(4) To a federal, state, or local agency, in response to that
agency's request for a record, and only to the extent that the
information is relevant and necessary to the requesting agency's
decision in the matter, if the record is sought in connection with the
hiring, appointment, or retention of an employee; the issuance,
renewal, suspension, or revocation of a security clearance; the
execution of a security or suitability investigation; the letting of a
contract; or the issuance of a license, grant or other benefit by the
requesting agency.
(5) To an authorized appeal grievance examiner, formal complaints
manager, equal employment opportunity investigator, arbitrator, or
other duly authorized official engaged in investigation or settlement
of a grievance, complaint, or appeal filed by an employee, only to the
extent that the information is relevant and necessary to the case or
matter.
(6) To OPM in accordance with the agency's responsibilities for
evaluation and oversight of federal personnel management.
(7) To officers and employees of a federal agency for the purpose
of conducting an audit, but only to the extent that the record is
relevant and necessary to this purpose.
(8) To OMB in connection with the review of private relief
legislation at any stage of the legislative coordination and clearance
process, as set forth in Circular No. A-19.
(9) To a Member of Congress or to a person on his or her staff
acting on the Member's behalf when a written request is made on behalf
and at the behest of
[[Page 44311]]
the individual who is the subject of the record.
(10) To the National Archives and Records Administration (NARA) for
records management inspections and such other purposes conducted under
the authority of 44 U.S.C. 2904 and 2906.
(11) To appropriate agencies, entities, and persons when: (a) OSHRC
suspects or has confirmed that there has been a breach of the system of
records; (b) OSHRC has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, OSHRC, the
Federal Government, or national security; and (c) the disclosure made
to such agencies, entities, and persons is reasonably necessary to
assist in connection with OSHRC's efforts to respond to the suspected
or confirmed breach or to prevent, minimize, or remedy such harm.
(12) To NARA, Office of Government Information Services (OGIS), to
the extent necessary to fulfill its responsibilities in 5 U.S.C.
552(h), to review administrative agency policies, procedures and
compliance with FOIA, and to facilitate OGIS' offering of mediation
services to resolve disputes between persons making FOIA requests and
administrative agencies.
(13) To another federal agency or federal entity, when OSHRC
determines that information from this system of records is reasonably
necessary to assist the recipient agency or entity in (a) responding to
a suspected or confirmed breach or (b) preventing, minimizing, or
remedying the risk of harm to individuals, the recipient agency or
entity (including its information systems, programs, and operations),
the Federal Government, or national security, resulting from a
suspected or confirmed breach.
(14) To a bar association or similar federal, state, or local
licensing authority for a possible disciplinary action.
(15) To vetted MicroPact employees in order to ensure that the e-
filing/case management system is properly maintained.
(16) To the public, in accordance with 29 U.S.C. 661(g), for the
purpose of inspecting and/or copying the records at OSHRC.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
At MicroPact's secure facility, the information is stored in a
database contained on a separate database server behind the application
server serving the data. Paper records are stored in the records room
and in file cabinets.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Electronic records contained in the case e-filing/case management
system may be retrieved by any of the data items listed under
``Categories of Records in the System,'' including docket number,
inspection number, any part of a representative's name or the case
name, and user. Paper records may be retrieved manually by docket
number or case name.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Under Records Disposition Schedule N1-455-90-1, paper case files
may be destroyed 20 years after a case closes. Under Records
Disposition Schedule N1-455-11-2, electronic records pertaining to
those paper case files may be deleted when no longer needed for the
conduct of current business.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Electronic records contained in the e-filing/case management system
are safeguarded as follows. Data going across the internet is encrypted
using SSL encryption. Every system is password protected. MicroPact,
which stores the data in a private cloud within an Oracle Database,
operates its own datacenter that is protected by physical security
measures. Only authorized MicroPact employees who have both physical
key and key card access to the datacenter can physically access the
sites where data is stored. Only authorized and vetted MicroPact
employees have access to the servers containing any PII.
The access of parties and their representatives to electronic
records in the system is limited to active files pertaining to cases in
which the parties are named, or the representatives have entered
appearances. The access of OSHRC employees is limited to personnel
having a need for access to perform their official functions and is
additionally restricted through password identification procedures.
Paper records are maintained in a records room that can only be
accessed using a smartcard or a key. Some paper records are also
maintained in file cabinets. During duty hours, these records are under
surveillance of personnel charged with their custody, and after duty
hours, the records are secured behind locked doors. Access to the
cabinets is limited to personnel having a need for access to perform
their official functions.
RECORD ACCESS PROCEDURES:
Individuals who wish to gain access to their records should notify:
Privacy Officer, OSHRC, 1120 20th Street NW, Ninth Floor, Washington,
DC 20036-3457. For an explanation on how such requests should be
drafted, refer to 29 CFR 2400.6 (procedures for requesting records).
CONTESTING RECORD PROCEDURES:
Individuals who wish to contest their records should notify:
Privacy Officer, OSHRC, 1120 20th Street NW, Ninth Floor, Washington,
DC 20036-3457. For an explanation on the specific procedures for
contesting the contents of a record, refer to 29 CFR 2400.8 (Procedures
for requesting amendment), and 29 CFR 2400.9 (Procedures for
appealing).
NOTIFICATION PROCEDURES:
Individuals interested in inquiring about their records should
notify: Privacy Officer, OSHRC, 1120 20th Street NW, Ninth Floor,
Washington, DC 20036-3457. For an explanation on how such requests
should be drafted, refer to 29 CFR 2400.5 (notification), and 29 CFR
2400.6 (procedures for requesting records).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
July 7, 2016, 81 FR 44335; and September 28, 2017, 82 FR 45324.
Dated: August 23, 2018.
Nadine N. Mancini,
General Counsel, Senior Agency Official for Privacy.
[FR Doc. 2018-18786 Filed 8-29-18; 8:45 am]
BILLING CODE 7600-01-P
