Privacy Act of 1974; System of Records, 54789-54791 [2018-23729]
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Federal Register / Vol. 83, No. 211 / Wednesday, October 31, 2018 / Notices
added to the impacts of other past,
present, and reasonably foreseeable
future actions, would not contribute
significantly to cumulative
environmental impacts.
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Environmental Impacts of the
Alternatives to the Proposed Action
As one alternative to the proposed
action, the NRC staff considered denial
of Honeywell’s license renewal request
(i.e., the ‘‘no-action’’ alternative). Under
the no-action alternative, Honeywell
would need to stop operations
permanently and submit a
decommissioning plan. Under this
alternative, Honeywell would need to
submit a decommissioning plan for NRC
review and approval. This would entail
an environmental review to assess the
potential impacts associated with the
proposed decommissioning action. The
NRC determined for this EA that the
potential environmental impacts of the
no-action alternative (prior to
decommissioning) would not be
significant.
As another alternative, the NRC
considered approval of Honeywell’s
renewal request, but for a duration of
less than 40 years (the ‘‘reduced
duration alternative’’). Honeywell
would continue operating for a period of
less than 40 years, resulting in potential
impacts that would be similar to or less
than the impacts of the proposed action.
IV. Draft Finding of No Significant
Impact
In accordance with NEPA and 10 CFR
part 51, the NRC staff has conducted an
environmental review of Honeywell’s
request to renew NRC source materials
license SUB–526 to allow Honeywell to
continue its uranium conversion
operations. Based on its environmental
review of the proposed action, as
documented in the draft EA, the NRC
staff preliminarily determined that
granting the requested license renewal
would not significantly affect the
quality of the human environment.
Therefore, the NRC staff makes its
preliminary determination, pursuant to
10 CFR 51.31, that the preparation of an
environmental impact statement (EIS) is
not required for the proposed action and
a FONSI is appropriate.
The draft FONSI and supporting draft
EA are a preliminary analysis of the
environmental impacts of the proposed
action and its alternatives. Based on
comments received on the draft FONSI
and draft EA, the staff may publish a
final FONSI and final EA, or instead
may find that preparation of an EIS is
warranted should significant impacts
resulting from the proposed action be
identified. Should an EIS be warranted,
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a Notice of Intent to prepare the EIS will
be published in the Federal Register.
Pursuant to 10 CFR 51.33(a), the NRC
staff is making the draft FONSI and draft
EA available for public review and
comment.
Dated at Rockville, Maryland, this 25th day
of October 2018.
For the Nuclear Regulatory Commission.
Brian W. Smith,
Acting Director, Division of Fuel Cycle Safety,
Safeguards, and Environmental Review,
Office of Nuclear Material Safety and
Safeguards.
[FR Doc. 2018–23781 Filed 10–30–18; 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, the Occupational
Safety and Health Review Commission
(OSHRC) is revising the notice for
Privacy Act system-of-records OSHRC–
5.
DATES: Comments must be received by
OSHRC on or before November 30,
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
SUPPLEMENTARY INFORMATION:
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54789
OSHRC to publish in the Federal
Register notice of any new or modified
system of records. As detailed below,
OSHRC is revising Office of the General
Counsel Records, OSHRC–5, to
accurately reflect the authorities for
maintaining this system and its
categories of records; to revise storage,
safeguarding, and retrieval methods
based on changes in practices; and to
incorporate references to applicable
General Records Schedules for disposal
of records. In addition, OSHRC has
previously relied on blanket routine
uses to describe the circumstances
under which records may be disclosed.
Going forward, as revised notices are
published for new and modified
systems of records, a full description of
the routine uses—rather than a reference
to blanket routine uses—will be
included in each notice. 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–5, provided
below in its entirety, is as follows.
SYSTEM NAME AND NUMBER:
Office of the General Counsel Records,
OSHRC–5.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Office of the General Counsel,
OSHRC, 1120 20th Street NW, Ninth
Floor, Washington, DC 20036–3457.
SYSTEM MANAGER(S):
Office of the General Counsel,
OSHRC, 1120 20th Street NW, Ninth
Floor, Washington, DC 20036–3457;
(202) 606–5100.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; 5 U.S.C. 552; 29 U.S.C.
661; 44 U.S.C. 3101.
PURPOSE(S) OF THE SYSTEM:
This system of records is maintained
to assist management in making
decisions with respect to case
processing activities; to assist OSHRC
attorneys in organizing their work
product; and to assist in other matters
assigned to the Office of the General
Counsel, such as processing FOIA
requests.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
This system of records covers current
and former OSHRC attorneys (including
supervising attorneys), Commission
members, and Administrative Law
Judges (ALJs); Freedom of Information
Act requesters; and parties in cases that
have been, or presently are, before
OSHRC.
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Federal Register / Vol. 83, No. 211 / Wednesday, October 31, 2018 / Notices
CATEGORIES OF RECORDS IN THE SYSTEM:
This system of records contains
documents—filings and other
materials—pertaining to cases before
OSHRC. These documents may include
the following categories of records: (1)
The names and locations (city and state)
of the individuals representing each
party; (2) the names of sole proprietors
cited by OSHA, as well as employees
and other witnesses, and information
describing those individuals, including
job title and duties, medical history, and
other descriptive information that is
relevant to the disposition of a case; (3)
the names and job titles of the
Commissioners and ALJs. This system
also contains other matters that have
been assigned to the Office of the
General Counsel for processing, such as
FOIA requests, which include the
names of FOIA requesters, contact
information, and information
concerning the requests. Finally, this
system includes documents necessary
for managerial oversite, such as charts
relating to workflow and teleworking.
These documents may include the
names of OSHRC employees and the
cases assigned to them, as well as the
employees’ contact information.
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.
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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
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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
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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
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.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records are stored on paper in offices
and file cabinets at OSHRC’s National
Office in Washington, DC, and
electronically on an access-restricted
shared OSHRC drive.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records may be retrieved manually or
electronically by case name, docket
number, name of OSHRC attorney or
supervising attorney, or by the names of
other individuals, such as FOIA
requesters.
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Federal Register / Vol. 83, No. 211 / Wednesday, October 31, 2018 / Notices
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
SECURITIES AND EXCHANGE
COMMISSION
Paper and electronic records are
maintained in accordance with General
Records Schedules 4.2 and 5.1, or for as
long as needed for business use.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Paper records are maintained in
offices and file cabinets. During duty
hours, the records are under
surveillance of personnel charged with
their custody. After duty hours, the
offices are accessible only using an
office key or access card. Access to
electronic records maintained on an
OSHRC shared drive is restricted to
personnel who require 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).
Self–Regulatory Organizations;
Nasdaq ISE, LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Amend the Exchanges
Schedule of Fees To Modify the
Crossing Fee Cap
October 25, 2018.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on October
11, 2018, Nasdaq ISE, LLC (‘‘ISE’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I, II, and
III, below, which Items have been
prepared by the Exchange. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self–Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend the
Exchange’s Schedule of Fees to modify
the Crossing Fee Cap, as described
further below.
The text of the proposed rule change
is available on the Exchange’s website at
https://ise.cchwallstreet.com/, at the
principal office of the Exchange, and at
the Commission’s Public Reference
Room.
HISTORY:
II. Self–Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant aspects of such
statements.
April 14, 2006, 71 FR 19556; August
4, 2008, 73 FR 45256; October 5, 2015,
80 FR 60182; and September 28, 2017,
82 FR 45324.
A. Self–Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
Dated: October 24, 2018.
Nadine N. Mancini,
General Counsel, Senior Agency Official for
Privacy.
1. Purpose
The purpose of the proposed rule
change is to amend the Exchange’s
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.
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[Release No. 34–84487; File No. SR–ISE–
2018–87]
[FR Doc. 2018–23729 Filed 10–30–18; 8:45 am]
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U.S.C. 78s(b)(1).
CFR 240.19b–4.
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54791
Schedule of Fees to exclude NonNasdaq ISE Market Makers 3 from the
Crossing Fee Cap in Section IV.H.
By way of background, Crossing
Orders are contracts that are submitted
as part of a Facilitation, Solicitation,
Price Improvement Mechanism (‘‘PIM’’),
Block or QCC order. As set forth in
Section IV.H of the Schedule of Fees,
the Exchange currently caps Crossing
Order fees at $90,000 per month per
member on all Firm Proprietary and
Non-Nasdaq Market Maker transactions
that are part of the originating or contra
side of a Crossing Order.4 The following
fees are not included in the calculation
of the monthly Crossing Fee cap: (1)
Fees for Responses to Crossing Orders,
(2) surcharge fees for licensed products
and the fees for index options as set
forth in Section III, and (3) service fee.5
For purposes of the Crossing Fee Cap
the Exchange attributes eligible volume
to the ISE Member on whose behalf the
Crossing Order was executed.6 The
Exchange now seeks to exclude NonNasdaq ISE Market Maker transactions
from the Crossing Fee Cap, and make
related changes to remove references to
Non-Nasdaq ISE Market Maker contracts
throughout its Schedule of Fees where
the Crossing Fee Cap is described.
2. Statutory Basis
The Exchange believes that its
proposal is consistent with Section 6(b)
of the Act,7 in general, and furthers the
objectives of Sections 6(b)(4) and 6(b)(5)
of the Act,8 in particular, in that it
3 A ‘‘Non-Nasdaq ISE Market Maker’’ is a market
maker as defined in Section 3(a)(38) of the
Securities Exchange Act of 1934, as amended,
registered in the same options class on another
options exchange.
4 Members that elect prior to the start of the
month to pay $65,000 per month will have these
crossing fees capped at that level instead. All
eligible volume from affiliated Members will be
aggregated for purposes of the Crossing Fee Cap,
provided there is at least 75% common ownership
between the Members as reflected on each
Member’s Form BD, Schedule A.
5 A service fee of $0.00 per side applies to all
order types that are eligible for the fee cap. The
service fee does not apply once a Member reaches
the fee cap level and does apply to every contract
side above the fee cap. A Member who does not
reach the monthly fee cap will not be charged the
service fee. Once the fee cap is reached, the service
fee applies to eligible Firm Proprietary and NonNasdaq ISE market Maker orders in all Nasdaq ISE
products. The service fee is not calculated in
reaching the cap.
6 The Exchange’s fee cap is functionally similar to
the Clearing Trading Permit Holder Fee Cap in
place at Cboe Exchange (‘‘CBOE’’), and the Monthly
Firm Fee Cap in place at Nasdaq PHLX (‘‘Phlx’’).
See CBOE Fees Schedule, Equity Options Rate
Table, Clearing Trading Permit Holder Fee Cap,
footnote 11; and Phlx Pricing Schedule, Section II,
Monthly Firm Fee Cap.
7 15 U.S.C. 78f(b).
8 15 U.S.C. 78f(b)(4) and (5).
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]]>Agencies
[Federal Register Volume 83, Number 211 (Wednesday, October 31, 2018)]
[Notices]
[Pages 54789-54791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23729]
=======================================================================
-----------------------------------------------------------------------
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, the Occupational
Safety and Health Review Commission (OSHRC) is revising the notice for
Privacy Act system-of-records OSHRC-5.
DATES: Comments must be received by OSHRC on or before November 30,
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 Register notice of any new or modified system of records. As
detailed below, OSHRC is revising Office of the General Counsel
Records, OSHRC-5, to accurately reflect the authorities for maintaining
this system and its categories of records; to revise storage,
safeguarding, and retrieval methods based on changes in practices; and
to incorporate references to applicable General Records Schedules for
disposal of records. In addition, OSHRC has previously relied on
blanket routine uses to describe the circumstances under which records
may be disclosed. Going forward, as revised notices are published for
new and modified systems of records, a full description of the routine
uses--rather than a reference to blanket routine uses--will be included
in each notice. 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-5, provided below in its entirety, is as
follows.
System Name and Number:
Office of the General Counsel Records, OSHRC-5.
Security Classification:
None.
System Location:
Office of the General Counsel, OSHRC, 1120 20th Street NW, Ninth
Floor, Washington, DC 20036-3457.
System Manager(s):
Office of the General Counsel, OSHRC, 1120 20th Street NW, Ninth
Floor, Washington, DC 20036-3457; (202) 606-5100.
Authority for Maintenance of the System:
5 U.S.C. 301; 5 U.S.C. 552; 29 U.S.C. 661; 44 U.S.C. 3101.
Purpose(s) of the System:
This system of records is maintained to assist management in making
decisions with respect to case processing activities; to assist OSHRC
attorneys in organizing their work product; and to assist in other
matters assigned to the Office of the General Counsel, such as
processing FOIA requests.
Categories of Individuals Covered by the System:
This system of records covers current and former OSHRC attorneys
(including supervising attorneys), Commission members, and
Administrative Law Judges (ALJs); Freedom of Information Act
requesters; and parties in cases that have been, or presently are,
before OSHRC.
[[Page 54790]]
Categories of Records in the System:
This system of records contains documents--filings and other
materials--pertaining to cases before OSHRC. These documents may
include the following categories of records: (1) The names and
locations (city and state) of the individuals representing each party;
(2) the names of sole proprietors cited by OSHA, as well as employees
and other witnesses, and information describing those individuals,
including job title and duties, medical history, and other descriptive
information that is relevant to the disposition of a case; (3) the
names and job titles of the Commissioners and ALJs. This system also
contains other matters that have been assigned to the Office of the
General Counsel for processing, such as FOIA requests, which include
the names of FOIA requesters, contact information, and information
concerning the requests. Finally, this system includes documents
necessary for managerial oversite, such as charts relating to workflow
and teleworking. These documents may include the names of OSHRC
employees and the cases assigned to them, as well as the employees'
contact information.
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.
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 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.
Policies and Practices for Storage of Records:
Records are stored on paper in offices and file cabinets at OSHRC's
National Office in Washington, DC, and electronically on an access-
restricted shared OSHRC drive.
Policies and Practices for Retrieval of Records:
Records may be retrieved manually or electronically by case name,
docket number, name of OSHRC attorney or supervising attorney, or by
the names of other individuals, such as FOIA requesters.
[[Page 54791]]
Policies and Practices for Retention and Disposal of Records:
Paper and electronic records are maintained in accordance with
General Records Schedules 4.2 and 5.1, or for as long as needed for
business use.
Administrative, Technical, and Physical Safeguards:
Paper records are maintained in offices and file cabinets. During
duty hours, the records are under surveillance of personnel charged
with their custody. After duty hours, the offices are accessible only
using an office key or access card. Access to electronic records
maintained on an OSHRC shared drive is restricted to personnel who
require 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:
April 14, 2006, 71 FR 19556; August 4, 2008, 73 FR 45256; October
5, 2015, 80 FR 60182; and September 28, 2017, 82 FR 45324.
Dated: October 24, 2018.
Nadine N. Mancini,
General Counsel, Senior Agency Official for Privacy.
[FR Doc. 2018-23729 Filed 10-30-18; 8:45 am]
BILLING CODE 7600-01-P
