Privacy Act of 1974; System of Records, 51199-51201 [2021-19774]
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Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Notices
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technological collection techniques or
other forms of information technology,
e.g., permitting electronic submissions
of responses.
Agency: National Endowment for the
Arts.
Title: 2022 Survey of Public
Participation in the Arts.
OMB Number: 3135–0136.
Frequency: One Time.
Affected Public: American adults.
Estimated Number of Respondents:
36,000.
Estimated Time per Respondent: 10.0
minutes.
Total Burden Hours: 6,000 hours.
Total Annualized Capital/Startup
Costs: 0.
Total Annual Costs (operating/
maintaining systems or purchasing
services): 0.
Description: This request is for
clearance of the 2022 Survey of Public
Participation in the Arts (SPPA) to be
conducted by the Census Bureau in July
2022 as a supplement to the Bureau of
Labor Statistic’s Current Population
Survey. The SPPA is the field’s
premiere repeated cross-sectional
survey of individual attendance and
involvement in arts and cultural
activity. The data are circulated to
interested researchers, and they are the
basis for a range of NEA reports and
independent research publications. The
SPPA provides primary knowledge on
the extent and nature of participation in
the arts and leisure in the United States.
Earlier SPPA surveys were conducted in
1982, 1985, 1992, 1997, 2002, 2008,
2012, and 2017, all of which were
conducted by the Census Bureau except
the 1997 study, which was conducted
by a private contractor, Westat Inc.
Reports on these data will be made
publicly available on the NEA’s website.
The data will be made available to the
public through the agency’s data
archive, the National Archive of Data on
Arts and Culture (NADAC). The SPPA
will provide primary knowledge on the
extent and nature of participation in the
arts in the United States. These data will
also be used by the NEA as a contextual
measure for one or more of its strategic
goals.
Dated: September 9, 2021.
Meghan Jugder,
Support Services Specialist, Office of
Administrative Services & Contracts, National
Endowment for the Arts.
[FR Doc. 2021–19775 Filed 9–13–21; 8:45 am]
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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–6.
DATES: Comments must be received by
OSHRC on or before October 14, 2021.
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.
As detailed below, OSHRC is revising
the name of the company that operates
the government-only cloud in which
electronic records are maintained, the
physical location of the facility that
maintains the cloud, and safeguards
used at that facility.
In addition, OSHRC recently revised
its Privacy Act regulations, 29 CFR pt.
2400, which resulted in the
renumbering of its regulatory
provisions. 85 FR 65222 (Oct. 15, 2020).
OSHRC is therefore revising the
following elements in this system-ofrecords notice to reference the correct
SUPPLEMENTARY INFORMATION:
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51199
sections of the agency’s Privacy Act
regulations: Record Access Procedures,
Contesting Record Procedures, and
Notification Procedures.
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:
Unclassified.
SYSTEM LOCATION:
Electronic records are maintained in a
government-only cloud within an
Oracle Database, operated by Tyler
Federal, LLC, at 44470 Chilum Place,
Ashburn, VA 20148. 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
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Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Notices
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.
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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
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
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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
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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 employees of Tyler
Federal, LLC, 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 the Equinix secure colocation site,
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.
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Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Notices
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. Tyler Federal, LLC,
which stores the data in a governmentonly cloud within an Oracle Database,
operates its own equipment that is
protected by physical security measures.
Only authorized employees of Tyler
Federal, LLC, who have both biometric
and PIN access to the datacenter cage
utilized by Tyler Federal, LLC, can
physically access the sites where data is
stored. Only authorized and vetted
employees of Tyler Federal, LLC, 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.
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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 2400.4 (procedures for requesting
notification of and access to personal
records).
CONTESTING RECORD PROCEDURES:
Individuals who wish to contest their
records should notify: Privacy Officer,
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OSHRC, 1120 20th Street NW, Ninth
Floor, Washington, DC 20036–3457. For
an explanation on the specific
procedures for contesting the content of
a record, refer to 29 CFR 2400.6
(procedures for amending personal
records), and 29 CFR 2400.7 (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 2400.4 (procedures for
requesting notification of and access to
personal records).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
July 7, 2016, 81 FR 44335; September
28, 2017, 82 FR 45324; and August 30,
2018, 83 FR 44309.
Nadine N. Mancini,
General Counsel, Senior Agency Official for
Privacy.
[FR Doc. 2021–19774 Filed 9–13–21; 8:45 am]
BILLING CODE 7600–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–92898; File No. SR–NYSE–
2021–49]
Self-Regulatory Organizations; New
York Stock Exchange LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Amend its
Price List
September 8, 2021.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that, on August
31, 2021, New York Stock Exchange
LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed
with the Securities and Exchange
Commission (the ‘‘Commission’’) the
proposed rule change as described in
Items I, II, and III below, which Items
have been prepared by the selfregulatory organization. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
1 15
U.S.C. 78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
2 15
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51201
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend its
Price List to eliminate the (1)
underutilized monthly rebate payable to
Designated Market Makers (‘‘DMM’’)
with 750 or fewer assigned securities in
the previous month, and (2)
underutilized Supplemental Liquidity
Provider (‘‘SLP’’) Tier 5. The Exchange
proposes to implement the rule change
on September 1, 2021. The proposed
rule change is available on the
Exchange’s website at www.nyse.com, at
the principal office of the Exchange, and
at the Commission’s Public Reference
Room.
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
self-regulatory organization 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 those 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 parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to amend its
Price List to eliminate the (1)
underutilized monthly rebate payable to
Designated Market Makers (‘‘DMM’’)
with 750 or fewer assigned securities in
the previous month, and (2)
underutilized SLP Tier 5.
The Exchange proposes to implement
the rule change on September 1, 2021.
Proposed Rule Change
The Exchange proposes to eliminate
an underutilized DMM rebate and an
underutilized adding tier for SLPs, as
follows.
Underutilized DMM Rebate
Currently, the Exchange offers an
additional per share credit to DMMs in
each eligible assigned More Active
Security with a stock price of at least
$1.00 on current rebates of $0.0034 or
less, i.e., adding credits of $0.0015,
$0.0027, $0.0031, and $0.0034 per
share. Specifically, DMMs are eligible
for an incremental rebate $0.0002 per
share in each eligible assigned More
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]]>Agencies
[Federal Register Volume 86, Number 175 (Tuesday, September 14, 2021)]
[Notices]
[Pages 51199-51201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19774]
=======================================================================
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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-6.
DATES: Comments must be received by OSHRC on or before October 14,
2021. 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 the name of the company that
operates the government-only cloud in which electronic records are
maintained, the physical location of the facility that maintains the
cloud, and safeguards used at that facility.
In addition, OSHRC recently revised its Privacy Act regulations, 29
CFR pt. 2400, which resulted in the renumbering of its regulatory
provisions. 85 FR 65222 (Oct. 15, 2020). OSHRC is therefore revising
the following elements in this system-of-records notice to reference
the correct sections of the agency's Privacy Act regulations: Record
Access Procedures, Contesting Record Procedures, and Notification
Procedures.
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:
Unclassified.
SYSTEM LOCATION:
Electronic records are maintained in a government-only cloud within
an Oracle Database, operated by Tyler Federal, LLC, at 44470 Chilum
Place, Ashburn, VA 20148. 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
[[Page 51200]]
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 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 employees of Tyler Federal, LLC, 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 the Equinix secure colocation site, 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.
[[Page 51201]]
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. Tyler
Federal, LLC, which stores the data in a government-only cloud within
an Oracle Database, operates its own equipment that is protected by
physical security measures. Only authorized employees of Tyler Federal,
LLC, who have both biometric and PIN access to the datacenter cage
utilized by Tyler Federal, LLC, can physically access the sites where
data is stored. Only authorized and vetted employees of Tyler Federal,
LLC, 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 2400.4 (procedures for requesting notification
of and access to personal 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 content of a record, refer to 29 CFR 2400.6 (procedures
for amending personal records), and 29 CFR 2400.7 (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 2400.4 (procedures for requesting
notification of and access to personal records).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
July 7, 2016, 81 FR 44335; September 28, 2017, 82 FR 45324; and
August 30, 2018, 83 FR 44309.
Nadine N. Mancini,
General Counsel, Senior Agency Official for Privacy.
[FR Doc. 2021-19774 Filed 9-13-21; 8:45 am]
BILLING CODE 7600-01-P
