Privacy Act of 1974; System of Records, 16737-16739 [2022-06243]
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Federal Register / Vol. 87, No. 57 / Thursday, March 24, 2022 / Notices
FEDERAL MARITIME COMMISSION
[Docket No. 22–05]
Foreign Tire Sales, Inc., Complainant,
v. Evergreen Shipping Agency
(America) Corp.; as agent for
Evergreen Line, Evergreen Group
d/b/a Evergreen Line, Respondent;
Notice of Filing of Complaint and
Assignment
Notice is given that a complaint has
been filed with the Federal Maritime
Commission (Commission) by Foreign
Tires Sales, Inc., hereinafter
‘‘Complainant’’, against Evergreen
Shipping Agency (America) Corp.; as
agent for Evergreen Line, Evergreen
Group d/b/a Evergreen Line (Evergreen),
‘‘Respondents’’. Complainant alleges
that Respondent Evergreen Shipping
Agency (America) Corp. is a corporation
existing under the laws of the State of
New Jersey and agent for Evergreen, a
vessel-operating common carrier.
Complainant alleges that Respondents
violated 46 U.S.C. 41102(c), 41104(a)(2),
41104(a)(5), 41104(a)(9), and
41104(a)(10) with regard to refusal to
provide space on their vessels. The full
text of the complaint can be found in
the Commission’s Electronic Reading
Room at https://www2.fmc.gov/
readingroom/proceeding/22-05/.
This proceeding has been assigned to
Office of Administrative Law Judges.
The initial decision of the presiding
office in this proceeding shall be issued
by March 20, 2023, and the final
decision of the Commission shall be
issued by October 4, 2023.
Served: March 18, 2022.
William Cody,
Secretary.
[FR Doc. 2022–06210 Filed 3–23–22; 8:45 am]
BILLING CODE 6730–02–P
FEDERAL MARITIME COMMISSION
[Docket No. 22–07]
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Acme Freight Services Corp.,
Complainant v. Total Terminals
International, Respondent; Notice of
Filing of Complaint and Assignment
Notice is given that a complaint has
been filed with the Federal Maritime
Commission (Commission) by ACME
Freight Services Corp., hereinafter
‘‘Complainant’’, against Total Terminals
International, ‘‘Respondent’’.
Complainant alleges that Respondent is
a Delaware corporation and marine
terminal operator (‘‘MTO’’).
Complainant alleges that Respondents
violated 46 U.S.C. 41102(c) and 46 CFR
545.4 and 545.5 with regard to assessing
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17:39 Mar 23, 2022
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demurrage charges against containers,
including containers that are subject to
a governmental hold and therefore
unavailable for pickup. The full text of
the complaint can be found in the
Commission’s Electronic Reading Room
at https://www2.fmc.gov/readingroom/
proceeding/22-07/.
This proceeding has been assigned to
Office of Administrative Law Judges.
The initial decision of the presiding
office in this proceeding shall be issued
by March 21, 2023, and the final
decision of the Commission shall be
issued by October 25, 2023.
Served: March 21, 2022.
William Cody,
Secretary.
[FR Doc. 2022–06245 Filed 3–23–22; 8:45 am]
BILLING CODE 6730–02–P
FEDERAL MARITIME COMMISSION
[Docket No. 22–06]
Royal White Cement, Inc., Complainant
v. CMA CGM S.A. and CMA CGM
(America) LLC, Respondent; Notice of
Filing of Complaint and Assignment
Served: March 21, 2022.
Notice is given that a complaint has
been filed with the Federal Maritime
Commission (Commission) by Royal
White Cement, Inc., hereinafter
‘‘Complainant’’, against CMA CGM S.A.
and CMA CGM (America) LLC,
‘‘Respondents’’. Complainant alleges
that Respondent CMA CGM S.A. is a
French corporation or similar form of
entity, and that Respondent CMA CGM
(America) LLC is a New Jersey limited
liability company. Complainant alleges
that Respondents are common carriers.
Complainant alleges that Respondents
violated 46 U.S.C. 41102(c) with regard
to refusal to accept bookings and
provide equipment to accomplish such
bookings pursuant to an agreed service
contract. The full text of the complaint
can be found in the Commission’s
Electronic Reading Room at https://
www2.fmc.gov/readingroom/
proceeding/22-06/.
This proceeding has been assigned to
Office of Administrative Law Judges.
The initial decision of the presiding
office in this proceeding shall be issued
by March 21, 2023, and the final
decision of the Commission shall be
issued by October 5, 2023.
William Cody,
Secretary.
[FR Doc. 2022–06233 Filed 3–23–22; 8:45 am]
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FEDERAL MEDIATION AND
CONCILIATION SERVICE
Privacy Act of 1974; System of
Records
Federal Mediation &
Conciliation Service.
ACTION: Notice of a new system of
records.
AGENCY:
The Federal Mediation and
Conciliation Service (FMCS) uses this
system to process requests for
arbitration panels, including payment
for requests, to process annual fees for
each arbitrator, to maintain a roster of
qualified, private labor arbitrators to
hear disputes arising under collective
bargaining agreements, and provide fact
finding and interest arbitration.
DATES: This system of records will be
effective without further notice on April
25, 2022 unless otherwise revised
pursuant to comments received. New
routine uses will be effective on April
25, 2022. Comments must be received
on or before April 25, 2022.
ADDRESSES: You may send comments,
identified by FMCS–0008, by any of the
following methods:
• Mail: Office of General Counsel, 250
E Street SW, Washington, DC 20427.
• Email: register@fmcs.gov. Include
FMCS–0008 on the subject line of the
message.
• Fax: (202) 606–5444.
FOR FURTHER INFORMATION CONTACT:
Arthur Pearlstein, Director of
Arbitration Services, at apearlstein@
fmcs.gov, (202) 606–8103, or mail, The
Office of Arbitration Services, FMCS,
250 E Street SW, Washington, DC
20427.
SUMMARY:
The
enabling legislation for FMCS provides
that ‘‘the settlement of issues between
employers and employees through
collective bargaining may advance by
making available full and adequate
governmental facilities for conciliation,
mediation, and voluntary arbitration
. . .’’ 29 U.S.C. 171(b). Pursuant to the
statute and 29 CFR part 1404, FMCS has
long maintained a roster of qualified,
private labor arbitrators to hear disputes
arising under collective bargaining
agreements and provide fact finding and
interest arbitration. The existing
regulation establishes the policy and
administrative responsibility for the
FMCS roster, criteria, procedures for
listing and removing arbitrators, and
procedures for using arbitration
services.
SUPPLEMENTARY INFORMATION:
SYSTEM NAME AND NUMBER:
FMCS–0008 Arbitration Records.
BILLING CODE 6730–02–P
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16737
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Federal Register / Vol. 87, No. 57 / Thursday, March 24, 2022 / Notices
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SYSTEM LOCATION:
Federal Mediation and Conciliation
Service, Office of General Counsel
(OGC), 250 E Street SW, Washington,
DC 20427.
public, Federal, state, and local
employees, Unions, and employers; and
(2) Arbitrators provide information for
registration and case processing
updates.
SYSTEM MANAGER(S):
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
Arthur Pearlstein, Director of
PURPOSES OF SUCH USES:
Arbitration, email apearlstein@fmcs.gov,
In addition to those disclosures
send mail to the Federal Mediation and
generally
permitted under 5 U.S.C.
Conciliation Service, 250 E Street SW,
552a(b) of the Privacy Act, all or a
Washington, DC 20427, Attn: Arthur
portion of these records or information
Pearlstein, or call (202) 606–8103.
contained in this system may be
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
disclosed to authorized entities, as is
29 U.S.C. 172, et seq. and 29 CFR part determined to be relevant and
necessary, outside the FMCS as a
1404.
routine use pursuant to 5 U.S.C.
PURPOSE(S) OF THE SYSTEM:
552a(b)(3) as follows:
The records in this system are used to
(a) To disclose pertinent information
collect, process, and maintain arbitrator to the appropriate Federal, State, or
panel reports, payment requests, annual local agency responsible for
fees, and arbitrator rosters. The system
investigating, prosecuting, enforcing, or
maintains a roster of qualified, private
implementing a statute, rule regulation
labor arbitrators to hear disputes arising or order where the record, either alone
under collective bargaining agreements
or in conjunction with other
and provide fact findings and interest
information creates an indication of a
arbitration.
violation or potential violation of civil
or criminal laws or regulations.
CATEGORIES OF INDIVIDUALS COVERED BY THE
(b) To disclose information to the
SYSTEM:
National Archives and Records
The categories of individuals covered
Administration (NARA) for use in its
in the system are the public, FMCS
records management inspections; to the
clients, parties requesting an arbitration
Government Accountability Office
roster or services, arbitrators, applicants
(GAO) for oversight purposes; to the
to be on the arbitration roster, and
Department of Justice (DOJ) to obtain
FMCS employees.
that department’s advice regarding
disclosure obligations under the
CATEGORIES OF RECORDS IN THE SYSTEM:
Freedom of Information Act (FOIA); or
The categories of records maintained
to the Office of Management and Budget
in the system include the:
(OMB) to obtain that office’s advice
(1) Records concerning requests for
arbitrators including, but not limited to, regarding obligations under the Privacy
the Request for Arbitration Panel (FMCS Act.
(c) To disclose information to the
Form R–43). This form can be found at
National Archives and Records
https://www.fmcs.gov/services/
Administration (NARA) in records
arbitration/requesting-a-panel/.
management inspections.
(2) Records pertaining to arbitrator
(d) To disclose information to
registration, including but not limited
contractors, grantees, experts,
to, Arbitrators’ Personal Data
consultants, detailers, and other nonQuestionnaire (FMCS Form R–22), and
records used to collect information from Government employees performing or
working on a contract, service, or other
applicants submitted for consideration
assignment for the Federal Government
to the FMCS Arbitrator Review Board.
when necessary to accompany an
This form can be found at https://
agency function related to this system of
www.fmcs.gov/services/arbitration/
records.
information-joining-arbitrator-roster/.
(e) To officials of labor organizations
(3) Records concerning case
recognized under 5 U.S.C. chapter 71
processing updates including, but not
upon receipt of a formal request and in
limited to, The Arbitrator’s Report and
Fee Statement (FMCS Form R–19). This accordance with the conditions of 5
U.S.C. 7114 when relevant and
form can be found at https://
necessary to their duties of exclusive
www.fmcs.gov/services/arbitration/
representation concerning personnel
information-fmcs-roster-arbitrators/.
policies, practices, and matters affecting
RECORD SOURCE CATEGORIES:
working conditions.
(f) To disclose information to a
Information in this system of records
Member of Congress or a congressional
is provided by:
office in response to an inquiry made on
(1) Parties seeking to request an
arbitration panel which may include the behalf of, and at the request of, an
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individual who is the subject of the
record.
(g) To disclose information when
FMCS determines that the records are
relevant to a proceeding before a court,
grand jury, or administrative or
adjudicative body when the adjudicator
determines the records to be relevant to
the proceeding.
(h) To disclose information to another
Federal agency, to a court, or to a party
in litigation before a court or in an
administrative proceeding being
conducted by a federal agency when the
Government is a party to the judicial or
administrative proceeding. Such
disclosure is permitted only when it is
relevant and necessary to the litigation
or proceeding.
(i) To any agency, organization, or
person for the purposes of performing
audit or oversight operations related to
the operation of this system of records
as authorized by law, but only
information necessary and relevant to
such audit or oversight function.
(j) To disclose information 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,
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.
(k) 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.
(l) To disclose information to
arbitrators or parties to an arbitration
concerning case processing, or to
investigate allegations of arbitrator
misconduct.
(m) To disclose to professional
organizations, including but not limited
to the American Arbitration
Association, JAMS, or the National
Academy of Arbitrators concerning
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Federal Register / Vol. 87, No. 57 / Thursday, March 24, 2022 / Notices
NOTIFICATION PROCEDURES:
application or suitability of an
arbitrator.
See 29 CFR 1410.3(a), Individual
access requests.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
These records are maintained in hard
copy and electronic form in locations
only accessible to authorized personnel.
Electronic records are stored on the
agency’s internal servers with restricted
access to authorized Human Resources
staff and designated deciding officials as
determined by agency policy. Hard copy
records are stored in a locked cabinet
accessible to authorized Human
Resources staff and designated deciding
officials as determined by agency
policy.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
These records are retrieved by the
name or other programmatic identifier
assigned to an individual in the
electronic database and paper filing
system.
POLICIES AND PRACTICES FOR RETENTION OF
DISPOSAL OF RECORDS:
HISTORY:
None.
Dated: March 21, 2022.
Anna Davis,
Acting General Counsel.
[FR Doc. 2022–06243 Filed 3–23–22; 8:45 am]
BILLING CODE 6732–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
[Document Identifier: CMS–R–284 and
CMS–10387]
Agency Information Collection
Activities: Proposed Collection;
Comment Request
Centers for Medicare &
Medicaid Services, Health and Human
Services (HHS).
ACTION: Notice.
All records are retained and disposed
of in accordance with General Records
Schedule 4.1, issued by the National
Archives and Records Administration.
AGENCY:
ADMINSTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
SUMMARY:
Records are located in a locked file
storage area or stored electronically in
locations only accessible to authorize
personnel requiring agency security
credentials. Access is restricted and
accessible to limited Human Resources
officials, and/or individuals in a needto-know capacity. FMCS buildings are
guarded and monitored by security
personnel, cameras, ID checks, and
other physical security measures.
RECORD ACCESS PROCEDURES:
Individuals wishing to request access
to their records should contact the
Office of General Counsel (OGC).
Individuals must provide the following
information for their records to be
located and identified: (1) Full name, (2)
Address, and (3) A specific description
of the record content requested. See 29
CFR 1410.3, Individual access requests.
CONTESTING RECORDS PROCEDURES:
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None.
See 29 CFR 1410.6, 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 Chief Privacy Officer at privacy@
fmcs.gov or Chief Privacy Officer at
FMCS, 250 E Street SW, Washington,
DC 20427. Also, see https://
www.fmcs.gov/privacy-policy/.
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The Centers for Medicare &
Medicaid Services (CMS) is announcing
an opportunity for the public to
comment on CMS’ intention to collect
information from the public. Under the
Paperwork Reduction Act of 1995 (the
PRA), federal agencies are required to
publish notice in the Federal Register
concerning each proposed collection of
information (including each proposed
extension or reinstatement of an existing
collection of information) and to allow
60 days for public comment on the
proposed action. Interested persons are
invited to send comments regarding our
burden estimates or any other aspect of
this collection of information, including
the necessity and utility of the proposed
information collection for the proper
performance of the agency’s functions,
the accuracy of the estimated burden,
ways to enhance the quality, utility, and
clarity of the information to be
collected, and the use of automated
collection techniques or other forms of
information technology to minimize the
information collection burden.
DATES: Comments must be received by
May 23, 2022.
ADDRESSES: When commenting, please
reference the document identifier or
OMB control number. To be assured
consideration, comments and
recommendations must be submitted in
any one of the following ways:
PO 00000
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16739
1. Electronically. You may send your
comments electronically to https://
www.regulations.gov. Follow the
instructions for ‘‘Comment or
Submission’’ or ‘‘More Search Options’’
to find the information collection
document(s) that are accepting
comments.
2. By regular mail. You may mail
written comments to the following
address: CMS, Office of Strategic
Operations and Regulatory Affairs,
Division of Regulations Development,
Attention: Document Identifier/OMB
Control Number: ll, Room C4–26–05,
7500 Security Boulevard, Baltimore,
Maryland 21244–1850.
To obtain copies of a supporting
statement and any related forms for the
proposed collection(s) summarized in
this notice, you may make your request
using one of following:
1. Access CMS’ website address at
website address at https://www.cms.gov/
Regulations-and-Guidance/Legislation/
PaperworkReductionActof1995/PRAListing.
FOR FURTHER INFORMATION CONTACT:
William N. Parham at (410) 786–4669.
SUPPLEMENTARY INFORMATION:
Contents
This notice sets out a summary of the
use and burden associated with the
following information collections. More
detailed information can be found in
each collection’s supporting statement
and associated materials (see
ADDRESSES).
CMS–R–284 Transformed—Medicaid
Statistical Information System (T–
MSIS)
CMS–10387 Minimum Data Set 3.0
Nursing Home and Swing Bed
Prospective Payment System (PPS)
For the collection of data related to
the Patient Driven Payment Model
and the Skilled Nursing Facility
Quality Reporting Program (QRP)
Under the PRA (44 U.S.C. 3501–
3520), federal agencies must obtain
approval from the Office of Management
and Budget (OMB) for each collection of
information they conduct or sponsor.
The term ‘‘collection of information’’ is
defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes agency requests
or requirements that members of the
public submit reports, keep records, or
provide information to a third party.
Section 3506(c)(2)(A) of the PRA
requires federal agencies to publish a
60-day notice in the Federal Register
concerning each proposed collection of
information, including each proposed
extension or reinstatement of an existing
collection of information, before
submitting the collection to OMB for
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Agencies
[Federal Register Volume 87, Number 57 (Thursday, March 24, 2022)]
[Notices]
[Pages 16737-16739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06243]
=======================================================================
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FEDERAL MEDIATION AND CONCILIATION SERVICE
Privacy Act of 1974; System of Records
AGENCY: Federal Mediation & Conciliation Service.
ACTION: Notice of a new system of records.
-----------------------------------------------------------------------
SUMMARY: The Federal Mediation and Conciliation Service (FMCS) uses
this system to process requests for arbitration panels, including
payment for requests, to process annual fees for each arbitrator, to
maintain a roster of qualified, private labor arbitrators to hear
disputes arising under collective bargaining agreements, and provide
fact finding and interest arbitration.
DATES: This system of records will be effective without further notice
on April 25, 2022 unless otherwise revised pursuant to comments
received. New routine uses will be effective on April 25, 2022.
Comments must be received on or before April 25, 2022.
ADDRESSES: You may send comments, identified by FMCS-0008, by any of
the following methods:
Mail: Office of General Counsel, 250 E Street SW,
Washington, DC 20427.
Email: [email protected]. Include FMCS-0008 on the subject
line of the message.
Fax: (202) 606-5444.
FOR FURTHER INFORMATION CONTACT: Arthur Pearlstein, Director of
Arbitration Services, at [email protected], (202) 606-8103, or mail,
The Office of Arbitration Services, FMCS, 250 E Street SW, Washington,
DC 20427.
SUPPLEMENTARY INFORMATION: The enabling legislation for FMCS provides
that ``the settlement of issues between employers and employees through
collective bargaining may advance by making available full and adequate
governmental facilities for conciliation, mediation, and voluntary
arbitration . . .'' 29 U.S.C. 171(b). Pursuant to the statute and 29
CFR part 1404, FMCS has long maintained a roster of qualified, private
labor arbitrators to hear disputes arising under collective bargaining
agreements and provide fact finding and interest arbitration. The
existing regulation establishes the policy and administrative
responsibility for the FMCS roster, criteria, procedures for listing
and removing arbitrators, and procedures for using arbitration
services.
SYSTEM NAME AND NUMBER:
FMCS-0008 Arbitration Records.
[[Page 16738]]
SYSTEM LOCATION:
Federal Mediation and Conciliation Service, Office of General
Counsel (OGC), 250 E Street SW, Washington, DC 20427.
SYSTEM MANAGER(S):
Arthur Pearlstein, Director of Arbitration, email
[email protected], send mail to the Federal Mediation and
Conciliation Service, 250 E Street SW, Washington, DC 20427, Attn:
Arthur Pearlstein, or call (202) 606-8103.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 172, et seq. and 29 CFR part 1404.
PURPOSE(S) OF THE SYSTEM:
The records in this system are used to collect, process, and
maintain arbitrator panel reports, payment requests, annual fees, and
arbitrator rosters. The system maintains a roster of qualified, private
labor arbitrators to hear disputes arising under collective bargaining
agreements and provide fact findings and interest arbitration.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The categories of individuals covered in the system are the public,
FMCS clients, parties requesting an arbitration roster or services,
arbitrators, applicants to be on the arbitration roster, and FMCS
employees.
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records maintained in the system include the:
(1) Records concerning requests for arbitrators including, but not
limited to, the Request for Arbitration Panel (FMCS Form R-43). This
form can be found at https://www.fmcs.gov/services/arbitration/requesting-a-panel/.
(2) Records pertaining to arbitrator registration, including but
not limited to, Arbitrators' Personal Data Questionnaire (FMCS Form R-
22), and records used to collect information from applicants submitted
for consideration to the FMCS Arbitrator Review Board. This form can be
found at https://www.fmcs.gov/services/arbitration/information-joining-arbitrator-roster/.
(3) Records concerning case processing updates including, but not
limited to, The Arbitrator's Report and Fee Statement (FMCS Form R-19).
This form can be found at https://www.fmcs.gov/services/arbitration/information-fmcs-roster-arbitrators/.
RECORD SOURCE CATEGORIES:
Information in this system of records is provided by:
(1) Parties seeking to request an arbitration panel which may
include the public, Federal, state, and local employees, Unions, and
employers; and
(2) Arbitrators provide information for registration and case
processing updates.
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 these 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 the National Archives and Records
Administration (NARA) for use in its records management inspections; to
the Government Accountability Office (GAO) for oversight purposes; to
the Department of Justice (DOJ) to obtain that department's advice
regarding disclosure obligations under the Freedom of Information Act
(FOIA); or to the Office of Management and Budget (OMB) to obtain that
office's advice regarding obligations under the Privacy Act.
(c) To disclose information to the National Archives and Records
Administration (NARA) in records management inspections.
(d) To disclose information to contractors, grantees, experts,
consultants, detailers, and other non-Government employees performing
or working on a contract, service, or other assignment for the Federal
Government when necessary to accompany an agency function related to
this system of records.
(e) 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.
(f) 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.
(g) To disclose information when FMCS determines that the records
are relevant to a proceeding before a court, grand jury, or
administrative or adjudicative body when the adjudicator determines the
records to be relevant to the proceeding.
(h) To disclose information to another Federal agency, to a court,
or to a party in litigation before a court or in an administrative
proceeding being conducted by a federal agency when the Government is a
party to the judicial or administrative proceeding. Such disclosure is
permitted only when it is relevant and necessary to the litigation or
proceeding.
(i) To any agency, organization, or person for the purposes of
performing audit or oversight operations related to the operation of
this system of records as authorized by law, but only information
necessary and relevant to such audit or oversight function.
(j) To disclose information 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, 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.
(k) 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.
(l) To disclose information to arbitrators or parties to an
arbitration concerning case processing, or to investigate allegations
of arbitrator misconduct.
(m) To disclose to professional organizations, including but not
limited to the American Arbitration Association, JAMS, or the National
Academy of Arbitrators concerning
[[Page 16739]]
application or suitability of an arbitrator.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
These records are maintained in hard copy and electronic form in
locations only accessible to authorized personnel. Electronic records
are stored on the agency's internal servers with restricted access to
authorized Human Resources staff and designated deciding officials as
determined by agency policy. Hard copy records are stored in a locked
cabinet accessible to authorized Human Resources staff and designated
deciding officials as determined by agency policy.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
These records are retrieved by the name or other programmatic
identifier assigned to an individual in the electronic database and
paper filing system.
POLICIES AND PRACTICES FOR RETENTION OF DISPOSAL OF RECORDS:
All records are retained and disposed of in accordance with General
Records Schedule 4.1, issued by the National Archives and Records
Administration.
ADMINSTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Records are located in a locked file storage area or stored
electronically in locations only accessible to authorize personnel
requiring agency security credentials. Access is restricted and
accessible to limited Human Resources officials, and/or individuals in
a need-to-know capacity. FMCS buildings are guarded and monitored by
security personnel, cameras, ID checks, and other physical security
measures.
RECORD ACCESS PROCEDURES:
Individuals wishing to request access to their records should
contact the Office of General Counsel (OGC). Individuals must provide
the following information for their records to be located and
identified: (1) Full name, (2) Address, and (3) A specific description
of the record content requested. See 29 CFR 1410.3, Individual access
requests.
CONTESTING RECORDS PROCEDURES:
See 29 CFR 1410.6, 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 Chief Privacy Officer
at [email protected] or Chief Privacy Officer at FMCS, 250 E Street SW,
Washington, DC 20427. Also, see https://www.fmcs.gov/privacy-policy/.
NOTIFICATION PROCEDURES:
See 29 CFR 1410.3(a), Individual access requests.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
Dated: March 21, 2022.
Anna Davis,
Acting General Counsel.
[FR Doc. 2022-06243 Filed 3-23-22; 8:45 am]
BILLING CODE 6732-01-P