Privacy Act of 1974; System of Records, 14855-14857 [2022-05544]
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Federal Register / Vol. 87, No. 51 / Wednesday, March 16, 2022 / Notices
public docket for this ICR. The docket
can be viewed online at https://
www.regulations.gov, or in person, at
the EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution
Ave. NW, Washington, DC. The
telephone number for the Docket Center
is 202–566–1744. For additional
information about EPA’s public docket,
visit: https://www.epa.gov/dockets.
Abstract: The National Emission
Standards for Hazardous Air Pollutants
(NESHAP) for Polyvinyl Chloride and
Copolymers Production (40 CFR part 63,
subpart HHHHHHH) apply to both
existing and new PVC production
facilities. Area source PVC facilities are
subject to 40 CFR part 63, subpart
DDDDDD and not covered in this ICR.
New facilities include those that either
commenced construction or
reconstruction after the date of proposal.
In general, all NESHAP standards
require initial notifications,
performance tests, and periodic reports
by the owners/operators of the affected
facilities. They are also required to
maintain records of the occurrence and
duration of any startup, shutdown, or
malfunction in the operation of an
affected facility, or any period during
which the monitoring system is
inoperative. These notifications, reports,
and records are essential in determining
compliance, and are required of all
affected facilities subject to NESHAP.
This information is being collected to
assure compliance with 40 CFR part 63,
subpart HHHHHHH.
Form Numbers: None.
Respondents/affected entities:
Polyvinyl chloride and copolymer
production facilities that are major
sources of HAP.
Respondent’s obligation to respond:
Mandatory (40 CFR part 63, subpart
HHHHHHH).
Estimated number of respondents: 13
(total).
Frequency of response: Initially,
occasionally, and semiannually.
Total estimated burden: 318,000
hours (per year). Burden is defined at 5
CFR 1320.3(b).
Total estimated cost: $44,700,000 (per
year), which includes $7,140,000 in
annualized capital/startup and/or
operation & maintenance costs.
Changes in the Estimates: The
decrease in burden from the mostrecently approved ICR is due to four
adjustments. There is an adjustment
decrease in the total estimated burden
as currently identified in the OMB
Inventory of Approved Burdens. The
adjustment decrease in burden from the
most-recently approved ICR is due to a
decrease in the number of respondents.
The most-recently approved ICR
VerDate Sep<11>2014
17:16 Mar 15, 2022
Jkt 256001
estimated 15 major source facilities. The
Wacker-Calvert City facility has ceased
PVC operations. Although the previous
ICR considered the Formosa—Point
Comfort operations to be two facilities,
this ICR more appropriately considers
these operations as a single respondent,
due to shared equipment, controls, and/
or employees. Therefore, this ICR
renewal considers there to be 13 major
source facilities. The adjustment
decrease is also due to a correction to
the number of hours needed for existing
respondents to refamiliarize with rule
requirements each year.
The adjustment decrease is also offset
by corrections to burden estimates for
resin sampling, PRD electronic monitor
review, gasholders, storage vessels, and
ongoing inspections of bypasses, and to
the number of occurrences per year for
recordkeeping requirements to more
accurately reflect facility activities.
There is an increase in the operation
and maintenance (O&M) costs, as
calculated in section 6(b)(iii), compared
with the costs in the previous ICR.
Although the number of respondents
with O&M decreased, corrections were
made to the annual O&M costs for VC
ambient monitoring, uncontrolled
wastewater testing, and uncontrolled
wastewater Non-VC TOHAP testing to
more accurately reflect both the number
of monitors per facility and the number
of waste streams sampled per facility.
Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2022–05510 Filed 3–15–22; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL MEDIATION AND
CONCILIATION SERVICE
Privacy Act of 1974; System of
Records
Federal Mediation and
Conciliation Service.
ACTION: Notice of a modified system of
records.
AGENCY:
To fulfill its conflict
resolution and training mission, Federal
Mediation and Conciliation Service
(FMCS) uses Microsoft SharePoint,
Microsoft Outlook, and a case records
management system new to FMCS to
enable mediators and managers to
manage cases, manage reporting
requirements, provide data for research
and training, store recorded trainings
and meetings, and collect information
on Agency operations. The Agency’s
internal drives, SharePoint, Outlook,
Cloud-based services such as Zoom.gov
and Microsoft Teams, and a case records
SUMMARY:
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14855
management system are used to store
electronic case tracking information,
electronic case files (including
mediation agreements), and recorded
meetings and trainings, permitting the
accurate and timely collection, retrieval,
and retention of information maintained
by offices of the Agency. Inter-Agency
Agreements (IAA), agreements for
reimbursable services, and requests for
mediation and training are also stored in
these locations. IAAs and agreements
for reimbursable services allow FMCS to
provide requested services, such as
training and labor dispute resolution, to
other federal agencies. The notice
amendment includes administrative
updates to refine details published
under summary, dates, supplementary
information, system name, system
location, authority for maintenance of
the system, purpose of the system,
categories of individuals covered by the
system, categories of records in the
system, record source categories, routine
uses, policies and practices for storage
of records, policies and practices for
retrieval of records, policies and
practices for retention and disposal of
records, administrative safeguards,
record access procedures, and
contesting records procedures. These
sections are amended to refine
previously published information about
the system of records. The addresses, for
further information contact, security
classification, system location, system
manager, notification procedures,
exemptions promulgated, and history
remain unchanged. This amended
SORN deletes and supersedes the SORN
published in the Federal Register on
September 21, 2021.
DATES: This system of records will be
effective without further notice on April
15, 2022 unless otherwise revised
pursuant to comments received. New
routine uses will be effective on April
15, 2022. Comments must be received
on or before April 15, 2022.
ADDRESSES: You may send comments,
identified by FMCS–0004 by any of the
following methods:
• Mail: Office of General Counsel, 250
E Street SW, Washington, DC 20427.
• Email: register@fmcs.gov. Include
FMCS–0004 on the subject line of the
message.
• Fax: (202) 606–5444.
FOR FURTHER INFORMATION CONTACT:
Anna Davis, Acting General Counsel, at
adavis@fmcs.gov or 202–606–3737.
SUPPLEMENTARY INFORMATION: The notice
amendment includes administrative
updates to refine details published
under summary, dates, supplementary
information, system name, system
location, authority for maintenance of
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the system, purpose of the system,
categories of individuals covered by the
system, categories of records in the
system, record source categories, routine
uses, policies and practices for storage
of records, policies and practices for
retrieval of records, policies and
practices for retention and disposal of
records, administrative safeguards,
record access procedures, contesting
records procedures, and history. These
sections are amended to refine
previously published information about
the system of records. The addresses, for
further information contact, security
classification, system location, system
manager, notification procedures, and
exemptions promulgated remain
unchanged.
This system is needed for processing,
storing, and maintaining FMCS case
records, notices, and agreements.
SYSTEM NAME AND NUMBER:
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Federal Mediation and Conciliation
Service, 250 E Street SW, Washington,
DC 20427. For records stored on Zoom,
this system is located at 55 Almaden
Blvd., Suite 600, San Jose, CA 95113.
SYSTEM MANAGER(S):
Doug Jones, Director of Information
Technology, email djones@fmcs.gov, or
send mail to Federal Mediation and
Conciliation Service, 250 E Street
Southwest, Washington, DC 20427,
Attn: Doug Jones.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Federal Mediation and Conciliation
Service, 29 U.S.C. 172, et seq.; The
National Labor Relations Act, 29 U.S.C.
151, et seq.; Administrative Dispute
Resolution Act, 5 U.S.C. 571–584;
Negotiated Rulemaking Act of 1990, 5
U.S.C. 561–570; the Federal Labor
Relations Act, 5 U.S.C. 7119.
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PURPOSE(S) OF THE SYSTEM:
The records in this system are used to
process, track, review, and evaluate
requests for mediation, training, and
other alternate dispute resolution
services. Records from this system may
be used for training, presentation, and
research purposes. The records from
this system will also be used in the
preparation of internal agency reports,
the agency’s budget requests, and
reports to Congress.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
FMCS clients who request or receive
FMCS services concerning conflict
17:16 Mar 15, 2022
CATEGORIES OF RECORDS IN THE SYSTEM:
(1) Requests for mediation or training
completed by parties to include the
Agency Form F–7, available on
www.fmcs.gov. Information collected on
the form includes contact information
for parties requesting services.
(2) Case processing documents and
documents sent to or from parties to a
mediation: Agency confirmation letters
sent to parties assigning mediators to
cases or trainings, mediation
agreements, ethics documents
concerning mediator involvement and
authorizations to participate, and
reports and invoices regarding
mediations and training.
RECORD SOURCE CATEGORIES:
FMCS–0004 Case Records.
VerDate Sep<11>2014
management services or training. These
FMCS clients include representatives
from employers, unions, and
educational institutions.
Jkt 256001
FMCS clients who are parties to labor
agreements/disputes, mediations, or
those requesting FMCS services submit
notices and requests to FMCS. FMCS
personnel create reports, status updates,
and other internal processing records
based on case progress and
management.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES:
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a
portion of the records or information
contained in this system may be
disclosed to authorized entities, as is
determined to be relevant and
necessary, outside the FMCS as a
routine use pursuant to 5 U.S.C.
552a(b)(3) as follows:
(a) To disclose pertinent information
to the appropriate Federal, State, or
local agency responsible for
investigating, prosecuting, enforcing, or
implementing a statute, rule regulation
or order where the record, either alone
or in conjunction with other
information creates an indication of a
violation or potential violation of civil
or criminal laws or regulations.
(b) To disclose information to
contractors, grantees, experts,
consultants, detailees, and other nonGovernment employees performing or
working on a contract, service, or other
assignment for the agency when
necessary to accompany an agency
function related to this system of
records.
(c) To officials of labor organizations
recognized under 5 U.S.C. chapter 71
upon receipt of a formal request and in
accordance with the conditions of 5
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U.S.C. 7114 when relevant and
necessary to their duties of exclusive
representation concerning personnel
policies, practices, and matters affecting
working conditions.
(d) To disclose information to a
Member of Congress or a congressional
office in response to an inquiry made on
behalf of, and at the request of, an
individual who is the subject of the
record.
(e) In an appropriate proceeding
before a court, grand jury, or
administrative or adjudicative body or
official, when FMCS or other Agency
representing FMCS determines the
records are relevant and necessary to the
proceeding; or in an appropriate
proceeding before an administrative or
adjudicative body when the adjudicator
determines the records to be relevant to
the proceeding.
(f) To the Department of Justice,
including Offices of the U.S. Attorneys,
or another Federal agency representing
FMCS in pending or potential litigation
or proceedings before any court,
adjudicative, or administrative body.
Such disclosure is permitted only when
it is relevant and necessary to the
litigation or proceeding, and one of the
following is a party to the litigation or
has an interest in such litigation:
(1) FMCS, or any component thereof;
(2) Any employee or former employee
of FMCS in their official capacity;
(3) Any employee or former employee
of FMCS in their capacity where the
Department of Justice or FMCS has
agreed to represent the employee;
(4) The United States, a Federal
agency, or another party in litigation
before a court, adjudicative, or
administrative body, upon the FMCS
General Counsel’s approval, pursuant to
5 CFR part 295 or otherwise.
(g) To any agency, organization, or
person for the purposes of performing
audit or oversight operations related to
the operation of this system of records
or for federal ethics compliance
purposes as authorized by law, but only
information necessary and relevant to
such audit or oversight function.
(h) To disclose data or information to
other federal agencies, educational
institutions, or FMCS clients who
collaborate with FMCS to provide
research or statistical information,
services, or training concerning conflict
management.
(i) To appropriate agencies, entities,
and persons when (1) FMCS suspects or
has confirmed that there has been a
breach of the system of records, (2)
FMCS has determined that as a result of
the suspected or confirmed breach there
is a risk of harm to individuals, FMCS
(including its information systems,
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Federal Register / Vol. 87, No. 51 / Wednesday, March 16, 2022 / Notices
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 FMCS’s efforts to
respond to the suspected or confirmed
breach or to prevent, minimize, or
remedy such harm.
(j) To another Federal agency or
Federal entity, when FMCS 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:
Case records may be received in
hardcopy form from FMCS clients.
Hardcopy forms are then scanned and
stored electronically on FMCS servers.
Meetings and trainings that are recorded
via Zoom.gov are stored in the Cloud on
ZoomGov servers requiring a username
and password. Meetings recorded in
Microsoft Teams are stored on the
FMCS employee’s OneDrive which
requires a username and password.
Third-party recording of meetings or
trainings on FMCS platforms is not
permitted.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
In order to retrieve records, FMCS
personnel may search by the name of
the representative or party, the assigned
case number, the date, location, type of
service provided, or FMCS personnel.
jspears on DSK121TN23PROD with NOTICES1
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
case records management system will
store records electronically using a
commercial software application run on
the Customer Relationship Management
(CRM) platform, Microsoft Dynamics,
which require a username and
password. SharePoint is used to store
the IAAs, which requires a username
and password. Temporary paper files,
notices received through mail, are
destroyed once they are scanned into
the agency’s internal drives which also
require a username and password.
RECORD ACCESS PROCEDURES:
Individuals must provide the
following information for their records
to be located and identified: (1) Full
name, (2) Address, and (3) A reasonably
identifying description of the record
content requested. Requests can be
submitted via fmcs.gov/foia/, via email
to privacy@fmcs.gov, or via mail to the
Privacy Office at FMCS 250 E Street SW,
Washington, DC 20427. See 29 CFR
1410.3.
CONTESTING RECORDS PROCEDURES:
Requests for correction or amendment
of records, on how to contest the
content of any records. Privacy Act
requests to amend or correct records
may be submitted to the Privacy Office
at privacy@fmcs.gov or via mail to the
Privacy Office at FMCS 250 E Street SW,
Washington, DC 20427. Also, see
https://www.fmcs.gov/privacy-policy/.
See 29 CFR 1410.6.
NOTIFICATION PROCEDURES:
See 29 CFR 1410.3(a), Individual
access requests.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
This amended SORN deletes and
supersedes the SORN published in the
Federal Register on September 21, 2021,
at 86 FR 52467.
All case records are retained and
disposed of in accordance with General
Records Schedule 1.1 and 4.2, issued by
the National Archives and Records
Administration (NARA).
Dated: March 11, 2022.
Sarah Cudahy,
Senior Advisor, Federal Mediation and
Conciliation Service.
ADMINSTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
BILLING CODE 6732–01–P
Case records and agreements are
accessible to restricted FMCS personnel
or contractors who require access.
Access to these electronic records
occurs through a web browser to the
internet or on the agency’s internal
drives both requiring a username and
password for login. FMCS buildings are
guarded and monitored by security
personnel, cameras, ID checks, and
other physical security measures. The
VerDate Sep<11>2014
17:16 Mar 15, 2022
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[FR Doc. 2022–05544 Filed 3–15–22; 8:45 am]
FEDERAL MEDIATION AND
CONCILIATION SERVICE
Notice of Stakeholder Surveys for
Facilitation and Other Purposes
Federal Mediation and
Conciliation Service (FMCS).
ACTION: 60-Day notice and request for
comments.
AGENCY:
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14857
FMCS invites the general
public and other Federal Agencies to
take this opportunity to comment on the
surveys and other information FMCS
will collect to inform the process and
participants for its conflict prevention,
management, and resolution services
provided to Federal Agencies,
particularly public policy mediations
and facilitations that include
participants external to the federal
government.
DATES: Comments must be submitted on
or before May 16, 2022.
ADDRESSES: You may submit comments
through one of the following methods:
• Email: register@fmcs.gov.
• Mail: Stakeholder Survey
Comments c/o Sarah Cudahy, One
Independence Square, 250 E. St. SW,
Washington, DC 20427. Please note that
at this time, mail is sometimes delayed.
Therefore, we encourage emailed
comments.
FOR FURTHER INFORMATION CONTACT:
Sarah Cudahy, 202–606–8090, register@
fmcs.gov.
SUPPLEMENTARY INFORMATION: Copies of
the proposed questions are available
below. Paper copies are available by
emailing register@fmcs.gov. Please ask
for the Stakeholder Survey.
SUMMARY:
I. Information Collection Request
Agency: Federal Mediation and
Conciliation Service.
Form Number: Not yet assigned.
Type of Request: New collection;
generic clearance.
Affected Entities: Private sector; state,
local, and tribal governments;
individuals or households; and federal
government.
Frequency: These methods of
engagement are utilized on an as-needed
basis. Each engagement is completed
once.
Abstract: Pursuant to the
Administrative Dispute Resolution Acts
of 1990 and 1996, 5 U.S.C. 561 et seq.
and 571 et seq., and 29 U.S.C. 173(f), the
Federal Mediation and Conciliation
Service provides conflict prevention,
management, and resolution services,
including, but not limited to, public
policy facilitation and mediation
services, to Federal agencies. As part of
these services, sometimes FMCS
employees need to survey or ask
questions to determine the best process
and participants to prevent, manage, or
resolve the issue, particularly for public
policy mediations, public policy or
environmental facilitations, or
negotiated rulemaking. To do so, FMCS
has created a set of questions to ask
various stakeholders about issues,
concerns, engagement, and appropriate
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]]>Agencies
[Federal Register Volume 87, Number 51 (Wednesday, March 16, 2022)]
[Notices]
[Pages 14855-14857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05544]
=======================================================================
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FEDERAL MEDIATION AND CONCILIATION SERVICE
Privacy Act of 1974; System of Records
AGENCY: Federal Mediation and Conciliation Service.
ACTION: Notice of a modified system of records.
-----------------------------------------------------------------------
SUMMARY: To fulfill its conflict resolution and training mission,
Federal Mediation and Conciliation Service (FMCS) uses Microsoft
SharePoint, Microsoft Outlook, and a case records management system new
to FMCS to enable mediators and managers to manage cases, manage
reporting requirements, provide data for research and training, store
recorded trainings and meetings, and collect information on Agency
operations. The Agency's internal drives, SharePoint, Outlook, Cloud-
based services such as Zoom.gov and Microsoft Teams, and a case records
management system are used to store electronic case tracking
information, electronic case files (including mediation agreements),
and recorded meetings and trainings, permitting the accurate and timely
collection, retrieval, and retention of information maintained by
offices of the Agency. Inter-Agency Agreements (IAA), agreements for
reimbursable services, and requests for mediation and training are also
stored in these locations. IAAs and agreements for reimbursable
services allow FMCS to provide requested services, such as training and
labor dispute resolution, to other federal agencies. The notice
amendment includes administrative updates to refine details published
under summary, dates, supplementary information, system name, system
location, authority for maintenance of the system, purpose of the
system, categories of individuals covered by the system, categories of
records in the system, record source categories, routine uses, policies
and practices for storage of records, policies and practices for
retrieval of records, policies and practices for retention and disposal
of records, administrative safeguards, record access procedures, and
contesting records procedures. These sections are amended to refine
previously published information about the system of records. The
addresses, for further information contact, security classification,
system location, system manager, notification procedures, exemptions
promulgated, and history remain unchanged. This amended SORN deletes
and supersedes the SORN published in the Federal Register on September
21, 2021.
DATES: This system of records will be effective without further notice
on April 15, 2022 unless otherwise revised pursuant to comments
received. New routine uses will be effective on April 15, 2022.
Comments must be received on or before April 15, 2022.
ADDRESSES: You may send comments, identified by FMCS-0004 by any of the
following methods:
Mail: Office of General Counsel, 250 E Street SW,
Washington, DC 20427.
Email: [email protected]. Include FMCS-0004 on the subject
line of the message.
Fax: (202) 606-5444.
FOR FURTHER INFORMATION CONTACT: Anna Davis, Acting General Counsel, at
[email protected] or 202-606-3737.
SUPPLEMENTARY INFORMATION: The notice amendment includes administrative
updates to refine details published under summary, dates, supplementary
information, system name, system location, authority for maintenance of
[[Page 14856]]
the system, purpose of the system, categories of individuals covered by
the system, categories of records in the system, record source
categories, routine uses, policies and practices for storage of
records, policies and practices for retrieval of records, policies and
practices for retention and disposal of records, administrative
safeguards, record access procedures, contesting records procedures,
and history. These sections are amended to refine previously published
information about the system of records. The addresses, for further
information contact, security classification, system location, system
manager, notification procedures, and exemptions promulgated remain
unchanged.
This system is needed for processing, storing, and maintaining FMCS
case records, notices, and agreements.
SYSTEM NAME AND NUMBER:
FMCS-0004 Case Records.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Federal Mediation and Conciliation Service, 250 E Street SW,
Washington, DC 20427. For records stored on Zoom, this system is
located at 55 Almaden Blvd., Suite 600, San Jose, CA 95113.
SYSTEM MANAGER(S):
Doug Jones, Director of Information Technology, email
[email protected], or send mail to Federal Mediation and Conciliation
Service, 250 E Street Southwest, Washington, DC 20427, Attn: Doug
Jones.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Federal Mediation and Conciliation Service, 29 U.S.C. 172, et seq.;
The National Labor Relations Act, 29 U.S.C. 151, et seq.;
Administrative Dispute Resolution Act, 5 U.S.C. 571-584; Negotiated
Rulemaking Act of 1990, 5 U.S.C. 561-570; the Federal Labor Relations
Act, 5 U.S.C. 7119.
PURPOSE(S) OF THE SYSTEM:
The records in this system are used to process, track, review, and
evaluate requests for mediation, training, and other alternate dispute
resolution services. Records from this system may be used for training,
presentation, and research purposes. The records from this system will
also be used in the preparation of internal agency reports, the
agency's budget requests, and reports to Congress.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
FMCS clients who request or receive FMCS services concerning
conflict management services or training. These FMCS clients include
representatives from employers, unions, and educational institutions.
CATEGORIES OF RECORDS IN THE SYSTEM:
(1) Requests for mediation or training completed by parties to
include the Agency Form F-7, available on www.fmcs.gov. Information
collected on the form includes contact information for parties
requesting services.
(2) Case processing documents and documents sent to or from parties
to a mediation: Agency confirmation letters sent to parties assigning
mediators to cases or trainings, mediation agreements, ethics documents
concerning mediator involvement and authorizations to participate, and
reports and invoices regarding mediations and training.
RECORD SOURCE CATEGORIES:
FMCS clients who are parties to labor agreements/disputes,
mediations, or those requesting FMCS services submit notices and
requests to FMCS. FMCS personnel create reports, status updates, and
other internal processing records based on case progress and
management.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed to authorized
entities, as is determined to be relevant and necessary, outside the
FMCS as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
(a) To disclose pertinent information to the appropriate Federal,
State, or local agency responsible for investigating, prosecuting,
enforcing, or implementing a statute, rule regulation or order where
the record, either alone or in conjunction with other information
creates an indication of a violation or potential violation of civil or
criminal laws or regulations.
(b) To disclose information to contractors, grantees, experts,
consultants, detailees, and other non-Government employees performing
or working on a contract, service, or other assignment for the agency
when necessary to accompany an agency function related to this system
of records.
(c) To officials of labor organizations recognized under 5 U.S.C.
chapter 71 upon receipt of a formal request and in accordance with the
conditions of 5 U.S.C. 7114 when relevant and necessary to their duties
of exclusive representation concerning personnel policies, practices,
and matters affecting working conditions.
(d) To disclose information to a Member of Congress or a
congressional office in response to an inquiry made on behalf of, and
at the request of, an individual who is the subject of the record.
(e) In an appropriate proceeding before a court, grand jury, or
administrative or adjudicative body or official, when FMCS or other
Agency representing FMCS determines the records are relevant and
necessary to the proceeding; or in an appropriate proceeding before an
administrative or adjudicative body when the adjudicator determines the
records to be relevant to the proceeding.
(f) To the Department of Justice, including Offices of the U.S.
Attorneys, or another Federal agency representing FMCS in pending or
potential litigation or proceedings before any court, adjudicative, or
administrative body. Such disclosure is permitted only when it is
relevant and necessary to the litigation or proceeding, and one of the
following is a party to the litigation or has an interest in such
litigation:
(1) FMCS, or any component thereof;
(2) Any employee or former employee of FMCS in their official
capacity;
(3) Any employee or former employee of FMCS in their capacity where
the Department of Justice or FMCS has agreed to represent the employee;
(4) The United States, a Federal agency, or another party in
litigation before a court, adjudicative, or administrative body, upon
the FMCS General Counsel's approval, pursuant to 5 CFR part 295 or
otherwise.
(g) To any agency, organization, or person for the purposes of
performing audit or oversight operations related to the operation of
this system of records or for federal ethics compliance purposes as
authorized by law, but only information necessary and relevant to such
audit or oversight function.
(h) To disclose data or information to other federal agencies,
educational institutions, or FMCS clients who collaborate with FMCS to
provide research or statistical information, services, or training
concerning conflict management.
(i) To appropriate agencies, entities, and persons when (1) FMCS
suspects or has confirmed that there has been a breach of the system of
records, (2) FMCS has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, FMCS
(including its information systems,
[[Page 14857]]
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 FMCS's
efforts to respond to the suspected or confirmed breach or to prevent,
minimize, or remedy such harm.
(j) To another Federal agency or Federal entity, when FMCS
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:
Case records may be received in hardcopy form from FMCS clients.
Hardcopy forms are then scanned and stored electronically on FMCS
servers. Meetings and trainings that are recorded via Zoom.gov are
stored in the Cloud on ZoomGov servers requiring a username and
password. Meetings recorded in Microsoft Teams are stored on the FMCS
employee's OneDrive which requires a username and password. Third-party
recording of meetings or trainings on FMCS platforms is not permitted.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
In order to retrieve records, FMCS personnel may search by the name
of the representative or party, the assigned case number, the date,
location, type of service provided, or FMCS personnel.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
All case records are retained and disposed of in accordance with
General Records Schedule 1.1 and 4.2, issued by the National Archives
and Records Administration (NARA).
ADMINSTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Case records and agreements are accessible to restricted FMCS
personnel or contractors who require access. Access to these electronic
records occurs through a web browser to the internet or on the agency's
internal drives both requiring a username and password for login. FMCS
buildings are guarded and monitored by security personnel, cameras, ID
checks, and other physical security measures. The case records
management system will store records electronically using a commercial
software application run on the Customer Relationship Management (CRM)
platform, Microsoft Dynamics, which require a username and password.
SharePoint is used to store the IAAs, which requires a username and
password. Temporary paper files, notices received through mail, are
destroyed once they are scanned into the agency's internal drives which
also require a username and password.
RECORD ACCESS PROCEDURES:
Individuals must provide the following information for their
records to be located and identified: (1) Full name, (2) Address, and
(3) A reasonably identifying description of the record content
requested. Requests can be submitted via fmcs.gov/foia/, via email to
[email protected], or via mail to the Privacy Office at FMCS 250 E
Street SW, Washington, DC 20427. See 29 CFR 1410.3.
CONTESTING RECORDS PROCEDURES:
Requests for correction or amendment of records, on how to contest
the content of any records. Privacy Act requests to amend or correct
records may be submitted to the Privacy Office at [email protected] or
via mail to the Privacy Office at FMCS 250 E Street SW, Washington, DC
20427. Also, see https://www.fmcs.gov/privacy-policy/. See 29 CFR
1410.6.
NOTIFICATION PROCEDURES:
See 29 CFR 1410.3(a), Individual access requests.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
This amended SORN deletes and supersedes the SORN published in the
Federal Register on September 21, 2021, at 86 FR 52467.
Dated: March 11, 2022.
Sarah Cudahy,
Senior Advisor, Federal Mediation and Conciliation Service.
[FR Doc. 2022-05544 Filed 3-15-22; 8:45 am]
BILLING CODE 6732-01-P
