Privacy Act of 1974; System of Records, 63078-63080 [2021-24767]

Agencies

• National Transportation Safety Board

[Federal Register Volume 86, Number 217 (Monday, November 15, 2021)]
[Notices]
[Pages 63078-63080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24767]


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NATIONAL TRANSPORTATION SAFETY BOARD

[Docket No.: NTSB-2021-0007]


Privacy Act of 1974; System of Records

AGENCY: National Transportation Safety Board (NTSB).

ACTION: Notice of new system of records.

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SUMMARY: The National Transportation Safety Board (NTSB) proposes 
adding a new system of records to its inventory of system of records: 
Religious Accommodation Request Records. Subject to the Privacy Act of 
1974, the agency proposes this new system for reasonable accommodations 
from prospective, current, and former NTSB employees who request or 
receive accommodations for sincerely held religious beliefs, practices, 
or observances.

DATES: This system is effective on November 15, 2021, with the 
exception of the routine uses which will be effective on December 15, 
2021. Submit written comments by December 15, 2021.

ADDRESSES: You may send comments, identified by Docket Number (No.) 
NTSB-2021-0007, by any of the following methods:
     Federal e-Rulemaking Portal: https://www.regulations.gov.
     Email: [email protected].
     Fax: 202-314-6090.
     Mail/Hand Delivery/Courier: NTSB, Office of General 
Counsel, 490 L'Enfant Plaza East SW, Washington DC 20594.
    Instructions: All submissions in response to this Notice must 
include Docket No. NTSB-2021-0007. All comments received will be posted 
without change to https://www.regulations.gov, including any personal 
information provided.
    Docket: For access to the docket, including comments received, go 
to https://www.regulations.gov and search under Docket No. NTSB-2021-
0007.

FOR FURTHER INFORMATION CONTACT: Kathleen Silbaugh, General Counsel, 
(202) 314-6080, [email protected].

SUPPLEMENTARY INFORMATION: In light of the September 9, 2021, Executive 
Order (E.O.) 14043 (Requiring Coronavirus Disease 2019 Vaccination for 
Federal Employees) and October 2021 guidance from the Safer Federal 
Workforce Task Force, the NTSB proposes adding a new system of records 
to its inventory of system of records titled, ``Religious Accommodation 
Request Records.'' The agency proposes this new system for information 
from prospective, current, and former NTSB employees who request or 
receive accommodations for sincerely held religious beliefs, practices, 
or observances.

SYSTEM NAME AND NUMBER:
    Religious Accommodation Request Records. NTSB-34.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records regarding prospective and current NTSB employees are 
located at: National Transportation Safety Board, 490 L'Enfant Plaza 
SW, Washington, DC 20594. Records regarding former NTSB employees who 
have not transferred to another Federal agency are located at the 
National Personnel Records Center, National Archives and Records 
Administration, 111 Winnebago Street, St. Louis, Missouri 63118.

SYSTEM MANAGER:
    Director, Office of Equal Employment Opportunity, Diversity and 
Inclusion, National Transportation Safety Board, 490 L'Enfant Plaza 
East SW, Washington, DC 20594.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 1302; 5 U.S.C. 301; 42 U.S.C. 2000e et seq.; 42 U.S.C. 
2000bb et seq.; 44 U.S.C. 3101; 29 CFR part 1614; and E.O. 14043 (Sept. 
9, 2021).

PURPOSE(S) OF THE SYSTEM:
    This system of records contains information from prospective, 
current, and former NTSB employees who request or receive 
accommodations for sincerely held religious beliefs, practices, or 
observances. The NTSB maintains the records in this system to track and 
report the processing of requests for religious accommodations to 
comply with applicable laws and regulations and to preserve and 
maintain the confidentiality of religious information submitted by or 
on behalf of applicants or employees requesting an accommodation.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Prospective, current, and former NTSB employees who request and/or 
receive a reasonable accommodation for

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a sincerely held religious belief, practice, or observance; and 
authorized individuals or representatives (e.g., family members or 
attorneys) who file a request for a religious accommodation on behalf 
of a prospective, current, or former employee.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Name and employment information of employees needing an 
accommodation; requestor's name and contact information (if different 
than the employee who needs an accommodation); date request was 
initiated; information concerning the nature of the sincerely held 
religious belief, practice, or observance and the need for 
accommodation, including any appropriate documentation; details of the 
accommodation request, such as: type of accommodation requested, how 
the requested accommodation would assist in job performance, any 
additional information provided by the requestor related to the 
processing of the request, notes from or summaries of the interactive 
process, whether the request was approved or denied, including any 
alternative accommodation provided, and whether the accommodation was 
approved for a trial period; and notification(s) to the employee and 
his/her supervisor(s) regarding the accommodation.

RECORD SOURCE CATEGORIES:
    The individual to whom the record pertains and/or his or her 
representative; NTSB supervisors and management officials; officials 
with the NTSB Office of Administration and Human Resources Division and 
Office of Equal Employment Opportunity, Diversity and Inclusion; other 
Federal agencies; and religious officials or organizations.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USES AND THE PURPOSES OF SUCH USES:
    In addition to the disclosures permitted under subsection (b) of 
the Privacy Act, the NTSB may disclose information contained in this 
system of records without the consent of the subject individual if the 
disclosure is compatible with the purpose for which the record was 
collected under the following routine uses:
    1. Disclosure to the Office of Personnel Management, Department of 
Labor, Merit Systems Protection Board, Office of the Special Counsel, 
Equal Employment Opportunity Commission, the Federal Labor Relations 
Authority (including the General Counsel of the Authority and the 
Federal Service Impasses Panel), the Federal Mediation and Conciliation 
Service, the White House and its executive offices, the Center for 
Disease Control and Prevention, the Department of Health & Human 
Services, Federal Occupational Health, and the National Institutes of 
Health, and to an arbitrator, when that agency or office has 
jurisdiction or oversight over religious accommodation issues, in 
carrying out their functions, or to obtain advice regarding statutory, 
regulatory, policy, or other requirements, related to a religious 
accommodation;
    2. Disclosure to other Federal agencies that need the information 
for an audit or investigation of a civil, criminal, or regulatory 
violation or potential violation where a record, either on its face or 
in conjunction with other information, indicates a violation or 
potential violation of law;
    3. Where a contract between an NTSB office and a labor organization 
recognized under Executive Order No. 11,491 or 5 U.S.C. Chapter 71 
provides that the agency will disclose personal records relevant to the 
organization's mission, the NTSB may disclose records in this system of 
records to such organization;
    4. Disclosure to a private entity with which the NTSB maintains a 
contractual relationship for the purposes of investigating 
discrimination claims, engaging in dispute resolution in connection 
with religious accommodations requests and/or discrimination claims, or 
collating, analyzing, aggregating or otherwise refining records in this 
system, where the private entity is subject to a non-disclosure 
agreement and understands that it must honor Privacy Act safeguards 
with respect to such records;
    5. In the event of litigation where the defendant is (a) the NTSB, 
any component of the NTSB, or any employee of the NTSB in his or her 
official capacity; (b) the United States, where the NTSB determines 
that the claim, if successful, is likely to directly affect the 
operations of the NTSB or any of its components; or (c) any NTSB 
employee in his or her individual capacity where the Department of 
Justice has agreed to represent such employee, the NTSB may disclose 
such records as it deems relevant and necessary to the Department of 
Justice or NTSB's outside counsel to enable the NTSB to present an 
effective defense, provided such disclosure is compatible with the 
purpose for which the records were collected;
    6. Information may be disclosed to a congressional office from the 
record of an individual in response to an inquiry from the 
congressional office made at the written request of the individual 
about whom the record is maintained. The NTSB will not make such a 
disclosure until the congressional office has furnished appropriate 
documentation of the individual's request, such as a copy of the 
individual's written request;
    7. To appropriate agencies, entities, and persons when (1) the NTSB 
suspects or has confirmed that there has been a breach of the system of 
records, (2) the NTSB has determined that as a result of the suspected 
or confirmed breach there is a risk of harm to individuals, the NTSB 
(including its information systems, programs, and operations), the 
Federal Government, or national security; and (3) the disclosure made 
to such agencies, entities, and persons is reasonably necessary to 
assist in connection with the NTSB's efforts to respond to the 
suspected or confirmed breach or to prevent, minimize, or remedy such 
harm;
    8. To another Federal agency or Federal entity, when the NTSB 
determines that information from this system of records is reasonably 
necessary to assist the recipient agency or entity in (1) responding to 
a suspected or confirmed breach or (2) 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:
    The NTSB maintains the records in this system on paper within file 
folders and electronically, including on computer databases.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    These records are indexed by employee or applicant name or the 
applicable NTSB office.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Religious Accommodation Request Records are maintained in 
accordance with General Records Schedule 2.3 (April 2020).

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    The NTSB maintains paper records within this system in a locked 
file room that is restricted through electronic keycards to enter the 
area where records are located. Access to and use of these records is 
limited to those persons whose official duties require such access, and 
the Facility Security Access

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Control System (NTSB-24) logs the date and time that each electronic 
keycard was used to enter the location. Electronic records are stored 
on protected computer networks that are accessible by authorized users 
with PIV cards and/or secure passwords. This system conforms to all 
applicable Federal laws and regulations, as well as NTSB policies and 
standards, as they relate to information security and data privacy. In 
this regard, the following laws and regulations may apply: the Privacy 
Act of 1974; the Federal Information Security Management Act of 2002; 
the Computer Fraud and Abuse Act of 1986; the E-Government Act of 2002; 
and corresponding regulations implementing these statutes.

RECORD ACCESS PROCEDURE:
    Same as ``Notification Procedure.''

CONTESTING RECORD PROCEDURE:
    Same as ``Notification Procedure.''

NOTIFICATION PROCEDURES:
    Individuals wishing to inquire about whether this system of records 
contains information about them may contact the Chief, Records 
Management Division, National Transportation Safety Board, 490 L'Enfant 
Plaza East SW, Washington, DC 20594. Individuals must comply with NTSB 
regulations regarding the Privacy Act, at 49 CFR part 802, and must 
furnish the following information for their records to be located and 
identified:
    1. Full name(s);
    2. Dates of employment, NTSB service, or application; and
    3. Signature.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.

Jennifer Homendy,
Chair.
[FR Doc. 2021-24767 Filed 11-12-21; 8:45 am]
BILLING CODE 7533-01-P