Privacy Act of 1974; System of Records, 62627-62629 [2018-26276]
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Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Notices
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–
10.
DATES: Comments must be received by
OSHRC on or before January 3, 2019.
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
Register notice of any new or modified
system of records. OSHRC is revising
the name of OSHRC–10—currently
‘‘Database of Commission and ALJ
Decisions on OSHRC website’’—to
‘‘Database of Commission and ALJ
Decisions, and other case-related
documents, on OSHRC website.’’ The
purpose of this revision is to reflect that,
in addition to Commission and
Administrative Law Judge (ALJ)
decisions, other case-related materials
are posted on oshrc.gov, mostly on the
e-FOIA Reading Room and Open
Government web pages. Also, through
OSHRC’s website, members of the
public may subscribe to ‘‘E-Alerts,’’ a
SUPPLEMENTARY INFORMATION:
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17:36 Dec 03, 2018
Jkt 247001
service which provides updates via the
individual’s email when new
information is posted on the website,
including Commission and ALJ
decisions and documents on the Open
Government web page. This system,
therefore, maintains a listing of the
names of individuals who subscribe to
this service and their email addresses.
In addition, the system location, storage
location and safeguards, and the
retention and disposal policy have been
revised to account for a new web server
location—Americaneagle.com. Further,
the system manager has been revised to
account for a change in the name of the
pertinent position within the agency.
Finally, 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.
With one exception, 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 one substantive change is the
revision to a routine use that permits
disclosure of records to the Government
Printing Office to allow for publication
of decisions on the Commission’s
website. With the change in web server
location and the expansion of
documents posted on oshrc.gov, this
routine use has been revised to allow for
disclosure of Commission and ALJ
decisions, and case-related documents,
to Americaneagle.com.
Finally, due to a previous rescission
of a system-of-records notice, OSHRC–8
currently has no system of records
assigned to it. OSHRC–10 is thus being
renumbered as OSHRC–8.
The notice for OSHRC–8, provided
below in its entirety, is as follows.
SYSTEM NAME AND NUMBER:
Database of Commission and ALJ
Decisions, and Other Case-Related
Documents, on OSHRC website,
OSHRC–8.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are located on a web server
at Americaneagle.com, 2600 South
River Road, DES Plaines, IL 60018. The
Office of the Executive Director is
responsible for the records in this
system. The office is located at 1120
20th Street NW, Ninth Floor,
Washington, DC 20036–3457.
PO 00000
Frm 00068
Fmt 4703
Sfmt 4703
62627
SYSTEM MANAGER(S):
Supervisory Information Technology
Specialist, OSHRC, 1120 20th Street
NW, Ninth Floor, Washington, DC
20036–3457; (202) 606–5100.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 552; 29 U.S.C. 661(g); OMB
Memorandum M–10–06; OMB
Memorandum M–16–16.
PURPOSE(S) OF THE SYSTEM:
This system of records is maintained
in order to make Commission and ALJ
decisions, as well as other case-related
documents, more accessible to the
public and agency employees.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
This system of records covers all
individuals referenced and described in
Commission and ALJ decisions, and
other case-related documents posted on
OSHRC’s website, including sole
proprietors who were cited by OSHA,
employees and other witnesses, attorney
and non-attorney representatives of each
party, and the Commissioners and ALJs.
This system also covers individuals who
subscribe to ‘‘E-Alerts’’ on OSHRC’s
website.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system of records includes final
decisions issued by the Commission
since 1972, and final decisions issued
by the ALJs since 1993. This system also
includes documents posted on OSHRC’s
Open Government web page, including
select orders issued by ALJs and the
Commission, briefing notices issued
since 2010, listings of new cases
received since 2010, and monthly
docket reports issued since 2010. In
addition, this system includes certain
documents posted in OSHRC’s e-FOIA
Reading Room, including case filings in
select Commission cases. The
documents may contain the following
information: (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; and (3) the
names and job titles of the
Commissioners and ALJs. Finally, this
system includes a separate database that
contains the names and email addresses
of those individuals who subscribe to
‘‘E-Alerts.’’
RECORD SOURCE CATEGORIES:
Information in this system of records
is derived from case records that are
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Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Notices
developed during litigation before the
Commission and/or the ALJs and, thus,
the information may come from
individuals who are the subjects of the
records or from other sources.
Information—names and email
addresses—also comes from individuals
who subscribe to ‘‘E-Alerts.’’
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
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17:36 Dec 03, 2018
Jkt 247001
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.
PO 00000
Frm 00069
Fmt 4703
Sfmt 4703
(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 the public, via OSHRC’s
website, pursuant to 29 U.S.C. 661(g),
which states that ‘‘[e]very official act of
the Commission shall be entered of
record, and its hearings and records
shall be open to the public.’’ Only
personal information that is relevant
and necessary to the disposition of
OSHRC cases will be included in these
decisions.
(15) To Americaneagle.com to make
certain that decisions published on
OSHRC’s website are current.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records are stored on a web server
located at Americaneagle.com.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records are listed on OSHRC’s
website by case name, docket number,
and date, and can also be retrieved by
using the search engine on the website’s
homepage to conduct a simplified
Boolean search. Records are also
retrievable by the names and email
addresses of those who subscribe to ‘‘EAlerts.’’
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are retained and disposed of
in accordance with OSHRC Records
Control Schedule N1–455–11–003.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
OSHRC requests updates for its
website through a secure portal which
in turn updates a queue for posting by
Americaneagle.com. Americaneagle
.com secures information on the web
server in accordance with federal
standards. Access to the names and
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Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Notices
email addresses of those who subscribe
to ‘‘E-Alerts’’ is limited to system
administrators.
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:
September 24, 2007, 72 FR 54301;
August 4, 2008, 73 FR 45256; October 5,
2015, 80 FR 60182; and September 28,
2017, 82 FR 45324.
Dated: November 26, 2018.
Nadine N. Mancini,
General Counsel, Senior Agency Official for
Privacy.
[FR Doc. 2018–26276 Filed 12–3–18; 8:45 am]
BILLING CODE 7600–01–P
PENSION BENEFIT GUARANTY
CORPORATION
Proposed Submission of Information
Collection for OMB Review; Comment
Request; Request for Coverage
Determination
Pension Benefit Guaranty
Corporation.
ACTION: Notice of intent to request OMB
approval of information collection.
AGENCY:
The Pension Benefit Guaranty
Corporation (PBGC) intends to request
that the Office of Management and
Budget (OMB) approve, under the
SUMMARY:
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17:36 Dec 03, 2018
Jkt 247001
Paperwork Reduction Act, a collection
of information necessary for PBGC to
determine whether a plan is covered
under title IV of the Employee
Retirement Security Income Act of 1974.
This notice informs the public of
PBGC’s intent and solicits public
comment on the collection of
information.
Comments must be submitted on
or before February 4, 2019.
ADDRESSES: Comments may be
submitted by any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Email: paperwork.comments@
pbgc.gov.
• Mail or Hand Delivery: Regulatory
Affairs Division, Office of the General
Counsel, Pension Benefit Guaranty
Corporation, 1200 K Street NW,
Washington, DC 20005–4026.
All submissions received must
include the agency’s name (Pension
Benefit Guaranty Corporation, or PBGC)
and refer to the Coverage Determination
Request Form. All comments received
will be posted without change to
PBGC’s website, https://www.pbgc.gov,
including any personal information
provided.
Copies of the collection of
information may also be obtained by
writing to Disclosure Division, Office of
the General Counsel, Pension Benefit
Guaranty Corporation, 1200 K Street
NW, Washington, DC 20005–4026, or
calling 202–326–4040 during normal
business hours. TTY users may call the
Federal relay service toll-free at 800–
877–8339 and ask to be connected to
202–326–4040. PBGC’s laws and
procedures for coverage determinations
may be accessed on PBGC’s website at
https://www.pbgc.gov.
FOR FURTHER INFORMATION CONTACT:
Melissa Rifkin (rifkin.melissa@
pbgc.gov), Attorney, Regulatory Affairs
Division, Office of the General Counsel,
Pension Benefit Guaranty Corporation,
1200 K Street NW, Washington, DC
20005–4026; 202–326–4400, extension
6563. (TTY users may call the Federal
relay service toll-free at 800–877–8339
and ask to be connected to 202–326–
4400, extension 6563.)
SUPPLEMENTARY INFORMATION: PBGC
insures defined benefit pension plans
covered under title IV of the Employee
Retirement Income Security Act of 1974
(ERISA). Covered plans are those
described in section 4021(a) of ERISA
but not those described in section
4021(b)(1)–(13). If a question arises
about whether a plan is covered under
DATES:
PO 00000
Frm 00070
Fmt 4703
Sfmt 4703
62629
title IV, PBGC may make a coverage
determination.
The proposed form and instructions
would be used by a plan sponsor or plan
administrator to request a coverage
determination and would be suitable for
all types of requests. The proposed form
would highlight the four plan types for
which coverage determinations are most
frequently requested: (1) Church plans
as listed in section 4021(b)(3) of ERISA;
(2) plans that are established and
maintained exclusively for the benefit of
plan sponsors’ substantial owners as
listed in section 4021(b)(9); (3) plans
covering, since September 2, 1974, no
more than 25 active participants that are
established and maintained by
professional services employers as listed
in section 4021(b)(13); and (4) Puerto
Rico-based plans within the meaning of
section 1022(i)(1) of ERISA.
PBGC needs this information
collection to determine whether a plan
is covered or not covered under title IV.
Information provided to PBGC would be
confidential to the extent provided in
the Freedom of Information Act and the
Privacy Act.
PBGC estimates that 425 forms would
be submitted each year. PBGC estimates
that each form would require
approximately 20 hours to complete by
a combination of plan office staff (50%)
and outside professionals (attorneys and
actuaries) (50%). PBGC estimates an
annual hour burden of 4,250 hours
(based on plan office time). The
estimated dollar equivalent of this hour
burden, based on an assumed hourly
rate of $75 for administrative, clerical,
and supervisory time is $318,750. PBGC
estimates an annual cost burden of
$1,487,500 (based on 4,250 professional
hours assuming an average hourly rate
of $350).
PBGC intends to request that OMB
approve PBGC’s use of this form for
three years. An agency may not conduct
or sponsor, and a person is not required
to respond to, a collection of
information unless it displays a
currently valid OMB control number.
PBGC is soliciting public comments
to—
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
• Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodologies and assumptions used;
• Enhance the quality, utility, and
clarity of the information to be
collected; and
E:\FR\FM\04DEN1.SGM
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Agencies
[Federal Register Volume 83, Number 233 (Tuesday, December 4, 2018)]
[Notices]
[Pages 62627-62629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26276]
[[Page 62627]]
=======================================================================
-----------------------------------------------------------------------
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-10.
DATES: Comments must be received by OSHRC on or before January 3, 2019.
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: oshrc.gov">[email protected]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 oshrc.gov">[email protected]oshrc.gov.
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. OSHRC
is revising the name of OSHRC-10--currently ``Database of Commission
and ALJ Decisions on OSHRC website''--to ``Database of Commission and
ALJ Decisions, and other case-related documents, on OSHRC website.''
The purpose of this revision is to reflect that, in addition to
Commission and Administrative Law Judge (ALJ) decisions, other case-
related materials are posted on oshrc.gov, mostly on the e-FOIA Reading
Room and Open Government web pages. Also, through OSHRC's website,
members of the public may subscribe to ``E-Alerts,'' a service which
provides updates via the individual's email when new information is
posted on the website, including Commission and ALJ decisions and
documents on the Open Government web page. This system, therefore,
maintains a listing of the names of individuals who subscribe to this
service and their email addresses. In addition, the system location,
storage location and safeguards, and the retention and disposal policy
have been revised to account for a new web server location--
Americaneagle.com. Further, the system manager has been revised to
account for a change in the name of the pertinent position within the
agency.
Finally, 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.
With one exception, 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 one substantive change is the revision to a routine use
that permits disclosure of records to the Government Printing Office to
allow for publication of decisions on the Commission's website. With
the change in web server location and the expansion of documents posted
on oshrc.gov, this routine use has been revised to allow for disclosure
of Commission and ALJ decisions, and case-related documents, to
Americaneagle.com.
Finally, due to a previous rescission of a system-of-records
notice, OSHRC-8 currently has no system of records assigned to it.
OSHRC-10 is thus being renumbered as OSHRC-8.
The notice for OSHRC-8, provided below in its entirety, is as
follows.
SYSTEM NAME AND NUMBER:
Database of Commission and ALJ Decisions, and Other Case-Related
Documents, on OSHRC website, OSHRC-8.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are located on a web server at Americaneagle.com, 2600
South River Road, DES Plaines, IL 60018. The Office of the Executive
Director is responsible for the records in this system. The office is
located at 1120 20th Street NW, Ninth Floor, Washington, DC 20036-3457.
SYSTEM MANAGER(S):
Supervisory Information Technology Specialist, OSHRC, 1120 20th
Street NW, Ninth Floor, Washington, DC 20036-3457; (202) 606-5100.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 552; 29 U.S.C. 661(g); OMB Memorandum M-10-06; OMB
Memorandum M-16-16.
PURPOSE(S) OF THE SYSTEM:
This system of records is maintained in order to make Commission
and ALJ decisions, as well as other case-related documents, more
accessible to the public and agency employees.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system of records covers all individuals referenced and
described in Commission and ALJ decisions, and other case-related
documents posted on OSHRC's website, including sole proprietors who
were cited by OSHA, employees and other witnesses, attorney and non-
attorney representatives of each party, and the Commissioners and ALJs.
This system also covers individuals who subscribe to ``E-Alerts'' on
OSHRC's website.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system of records includes final decisions issued by the
Commission since 1972, and final decisions issued by the ALJs since
1993. This system also includes documents posted on OSHRC's Open
Government web page, including select orders issued by ALJs and the
Commission, briefing notices issued since 2010, listings of new cases
received since 2010, and monthly docket reports issued since 2010. In
addition, this system includes certain documents posted in OSHRC's e-
FOIA Reading Room, including case filings in select Commission cases.
The documents may contain the following information: (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; and (3) the
names and job titles of the Commissioners and ALJs. Finally, this
system includes a separate database that contains the names and email
addresses of those individuals who subscribe to ``E-Alerts.''
RECORD SOURCE CATEGORIES:
Information in this system of records is derived from case records
that are
[[Page 62628]]
developed during litigation before the Commission and/or the ALJs and,
thus, the information may come from individuals who are the subjects of
the records or from other sources. Information--names and email
addresses--also comes from individuals who subscribe to ``E-Alerts.''
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.
(14) To the public, via OSHRC's website, pursuant to 29 U.S.C.
661(g), which states that ``[e]very official act of the Commission
shall be entered of record, and its hearings and records shall be open
to the public.'' Only personal information that is relevant and
necessary to the disposition of OSHRC cases will be included in these
decisions.
(15) To Americaneagle.com to make certain that decisions published
on OSHRC's website are current.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are stored on a web server located at Americaneagle.com.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are listed on OSHRC's website by case name, docket number,
and date, and can also be retrieved by using the search engine on the
website's homepage to conduct a simplified Boolean search. Records are
also retrievable by the names and email addresses of those who
subscribe to ``E-Alerts.''
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained and disposed of in accordance with OSHRC
Records Control Schedule N1-455-11-003.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
OSHRC requests updates for its website through a secure portal
which in turn updates a queue for posting by Americaneagle.com.
Americaneagle.com secures information on the web server in accordance
with federal standards. Access to the names and
[[Page 62629]]
email addresses of those who subscribe to ``E-Alerts'' is limited to
system administrators.
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:
September 24, 2007, 72 FR 54301; August 4, 2008, 73 FR 45256;
October 5, 2015, 80 FR 60182; and September 28, 2017, 82 FR 45324.
Dated: November 26, 2018.
Nadine N. Mancini,
General Counsel, Senior Agency Official for Privacy.
[FR Doc. 2018-26276 Filed 12-3-18; 8:45 am]
BILLING CODE 7600-01-P