Privacy Act of 1974; System of Records, 58499-58502 [2022-20887]
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Federal Register / Vol. 87, No. 186 / Tuesday, September 27, 2022 / Notices
potential leased access programmers
that have provided the following
information:
(a) The desired length of a contract
term;
(b) the anticipated commencement
date for carriage; and
(c) the nature of the programming.
All requests for leased access must be
made in writing and must specify the
date on which the request was sent to
the operator. Operators must maintain
supporting documentation to justify
scheduled rates, including supporting
contracts, calculations of the implicit
fees, and justifications for all
adjustments.
Cable system operators must disclose
on their own websites, or through
alternate means if they do not have their
own websites, a contact name or title,
telephone number, and email address
for the person responsible for
responding to requests for information
about leased access channels.
47 CFR 76.971 requires cable
operators to provide billing and
collection services to leased access
programmers unless they can
demonstrate the existence of third-party
billing and collection services which, in
terms of cost and accessibility, offer
leased access programmers an
alternative substantially equivalent to
that offered to comparable non-leased
access programmers.
47 CFR 76.975(b) allows any person
aggrieved by the failure or refusal of a
cable operator to make commercial
channel capacity available or to charge
rates for such capacity in accordance
with the relevant provisions of the
statute or the implementing regulations
to file a petition for relief with the
Commission. Persons alleging that a
cable operator’s leased access rate is
unreasonable must receive a
determination of the cable operator’s
maximum permitted rate from an
independent accountant prior to filing a
petition. If parties cannot agree on a
mutually acceptable accountant within
five business days of the programmer’s
request for a review, they must each
select an independent accountant on the
sixth business day. These two
accountants will then have five business
days to select a third independent
accountant to perform the review. To
account for their more limited
resources, operators of systems entitled
to small system relief have 14 business
days to select an independent
accountant when no agreement can be
reached.
47 CFR 76.975(c) requires that
petitioners attach a copy of the final
accountant’s report to their petition
where the petition is based on
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allegations that a cable operator’s leased
access rates are unreasonable.
47 CFR 76.975(e) provides that the
cable operator or other respondent will
have 30 days from service of the petition
to file an answer. If a leased access rate
is disputed, the answer must show that
the rate charged is not higher than the
maximum permitted rate for such leased
access, and must be supported by the
affidavit of a responsible company
official. If, after an answer is submitted,
the staff finds a prima facie violation of
our rules, the staff may require a
respondent to produce additional
information, or specify other procedures
necessary for resolution of the
proceeding. Replies to answers must be
filed within fifteen (15) days after
submission of the answer.
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer.
[FR Doc. 2022–20894 Filed 9–26–22; 8:45 am]
58499
1455 East Sixth Street, Cleveland, Ohio
44101–2566. Comments can also be sent
electronically to
Comments.applications@clev.frb.org:
1. The Rebecca A. Moorman
Revocable Living Trust, Rebecca A.
Moorman, as trustee, Keith W. Moorman
and Pamela L. Suever, all of Ottoville,
Ohio; Neil R. Moorman, Saline,
Michigan; and Karen S. Andrew,
Brighton, Michigan; to join the Rebecca
Moorman Family Control Group, a
group acting in concert, to retain voting
shares of The Ottoville Bank Company,
Ottoville, Ohio.
Board of Governors of the Federal Reserve
System.
Michele Taylor Fennell,
Deputy Associate Secretary of the Board.
[FR Doc. 2022–20897 Filed 9–26–22; 8:45 am]
BILLING CODE P
FEDERAL RESERVE SYSTEM
BILLING CODE 6712–01–P
Privacy Act of 1974; System of
Records
FEDERAL RESERVE SYSTEM
Change in Bank Control Notices;
Acquisitions of Shares of a Bank or
Bank Holding Company
The notificants listed below have
applied under the Change in Bank
Control Act (Act) (12 U.S.C. 1817(j)) and
§ 225.41 of the Board’s Regulation Y (12
CFR 225.41) to acquire shares of a bank
or bank holding company. The factors
that are considered in acting on the
applications are set forth in paragraph 7
of the Act (12 U.S.C. 1817(j)(7)).
The public portions of the
applications listed below, as well as
other related filings required by the
Board, if any, are available for
immediate inspection at the Federal
Reserve Bank(s) indicated below and at
the offices of the Board of Governors.
This information may also be obtained
on an expedited basis, upon request, by
contacting the appropriate Federal
Reserve Bank and from the Board’s
Freedom of Information Office at
https://www.federalreserve.gov/foia/
request.htm. Interested persons may
express their views in writing on the
standards enumerated in paragraph 7 of
the Act.
Comments regarding each of these
applications must be received at the
Reserve Bank indicated or the offices of
the Board of Governors, Ann E.
Misback, Secretary of the Board, 20th
Street and Constitution Avenue NW,
Washington, DC 20551–0001, not later
than October 12, 2022.
A. Federal Reserve Bank of Cleveland
(Bryan S. Huddleston, Vice President)
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Board of Governors of the
Federal Reserve System.
ACTION: Notice of a modified system of
records.
AGENCY:
Pursuant to the provisions of
the Privacy Act of 1974, notice is given
that the Board of Governors of the
Federal Reserve System (Board)
proposes to modify an existing system
of records, entitled BGFRS–3, ‘‘FRB—
Medical Records.’’ BGFRS–3 includes
information relating to medical
examinations and drug testing of current
and prospective employees, and any
other medical-related information that
may be submitted by employees,
contractors, candidates for Board
employment, and members of the
public.
SUMMARY:
Comments must be received on
or before October 27, 2022. This new
system of records will become effective
October 27, 2022, without further
notice, unless comments dictate
otherwise.
The Office of Management and Budget
(OMB), which has oversight
responsibility under the Privacy Act,
requires a 30-day period prior to
publication in the Federal Register in
which to review the system and to
provide any comments to the agency.
The public is then given a 30-day period
in which to comment, in accordance
with 5 U.S.C. 552a(e)(4) and (11).
ADDRESSES: You may submit comments,
identified by BGFRS–3, ‘‘FRB—Medical
Records,’’ by any of the following
methods:
DATES:
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Federal Register / Vol. 87, No. 186 / Tuesday, September 27, 2022 / Notices
• Agency website: https://
www.federalreserve.gov. Follow the
instructions for submitting comments at
https://www.federalreserve.gov/apps/
foia/proposedregs.aspx.
• Email: regs.comments@
federalreserve.gov. Include SORN name
and number in the subject line of the
message.
• Fax: (202) 452–3819 or (202) 452–
3102.
• Mail: Ann E. Misback, Secretary,
Board of Governors of the Federal
Reserve System, 20th Street and
Constitution Avenue NW, Washington,
DC 20551.
All public comments will be made
available on the Board’s website at
https://www.federalreserve.gov/apps/
foia/proposedregs.aspx as submitted.
Accordingly, comments will not be
edited to remove any identifying or
contact information. Public comments
may also be viewed electronically and
in-person in Room M–4365A, 2001 C St.
NW, Washington, DC 20551, between
9:00 a.m. and 5:00 p.m. during federal
business weekdays.
FOR FURTHER INFORMATION CONTACT:
David B. Husband, Senior Counsel,
(202) 530–6270, or david.b.husband@
frb.gov, Legal Division, Board of
Governors of the Federal Reserve
System, 20th Street and Constitution
Avenue NW, Washington, DC 20551. If
you are deaf, hard of hearing, or have a
speech disability, please dial 7–1–1 to
access telecommunication relay
services.
SUPPLEMENTARY INFORMATION: The Board
is modifying this system of records to
reflect that the Board has eliminated its
in-house health unit and to further
clarify the scope of the records included
in the system. Specifically, the Board is
updating the ‘‘Categories of Records in
the System’’ section as follows: (a) to
remove the outdated references to the
collection of information by the Board’s
Health Unit, which is now defunct; (b)
to clarify that the system includes any
medical records that an employee,
contractor, applicant, or other
individual may provide directly to the
Board, including medical records
relating to certain sick leave and other
leave requests and reasonable
accommodation requests; (c) to remove
the reference to records relating to
employees’ workers’ compensation
claims, as those records are maintained
by the Department of Labor’s Office of
Workers’ Compensation Programs; (d) to
remove the reference to records
regarding employees’ use of the Board’s
exercise facilities as the Board does not
collect such medical information; and
(e) to remove the unclear and redundant
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reference to records regarding
employees’ participation in an
occupational health services program. In
light of these changes, the Board has
made corresponding revisions to
system’s purpose, categories of
individuals covered by the system, and
the policies and practices for retention
and disposal of records section.
The Board is also making general
updates to the system. Specifically, the
Board is updating the system location,
the system manager, the authority for
maintenance of the system, the record
source categories, and the policies and
practices for storage of records. The
Board is also taking the opportunity to
update the ‘‘Routine Uses’’ section to
incorporate a link to the Board’s general
routine uses. The Board is not amending
or establishing any new routine uses.
The Board is also making technical
changes to BGFRS–3 consistent with the
template laid out in OMB Circular No.
A–108. Accordingly, the Board is
making technical corrections and nonsubstantive language revisions to the
following categories: ‘‘Policies and
Practices for Storage of
Records,‘‘Policies and Practices for
Retrieval of Records,’’ ‘‘Policies and
Practices for Retention and Disposal of
Records,’’ ‘‘Administrative, Technical
and Physical Safeguards,’’ ‘‘Record
Access Procedures,’’ ‘‘Contesting Record
Procedures,’’ and ‘‘Notification
Procedures.’’ The Board is also adding
the following new fields: ‘‘Security
Classification’’ and ‘‘History.’’
SYSTEM NAME AND NUMBER:
BGFRS–3 ‘‘FRB—Medical Records’’.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Human Resources, Management
Division, Board of Governors of the
Federal Reserve System, 20th Street and
Constitution Avenue NW, Washington,
DC 20551. Certain records are also
maintained on the Board’s behalf by
Medical Advisory Services, 1140 19th
Street NW, Suite 700, Washington, DC
20036 and Workpartners, 600 Grant
Street, 8th Floor, Pittsburgh, PA 15219.
SYSTEM MANAGER:
John Forbes, Program Manager—
Employee Life, Human Resources,
Management Division, Board of
Governors of the Federal Reserve
System, 20th Street and Constitution
Avenue NW, Washington, DC 20551,
(202) 974–7052, or john.b.forbes@
frb.gov.
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AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Sections 10 and 11 of the Federal
Reserve Act (12 U.S.C. 244 and 248).
PURPOSE(S) OF THE SYSTEM:
These records are collected and
maintained to assist the Board in
determining an employee’s fitness for
duty and eligibility for benefits based on
medical information, to respond to
reasonable accommodation requests, to
assist the Board in providing a safe and
healthy working environment, and to
comply with Executive Order 12564,
Drug-Free Federal Workplace.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Past and present Board employees,
contractors, candidates for Board
employment, and members of the
public.
CATEGORIES OF RECORDS IN THE SYSTEM:
The majority of records are
maintained by the Board’s vendor on
behalf of the Board and relate to
occupational medical examinations of
current and prospective employees,
including employees subject to fit-forduty requirements, and the drug testing
of current and prospective employees
under the Board’s Drug-Free Workplace
Plan. The Board’s vendor also maintains
historical records relating to the
preventive health screenings that the
Board previously offered employees
through its now-defunct in-house health
unit. The Board’s Management Division
maintains medical records that an
employee, contractor, applicant, or
other individual may provide directly to
the Board, including records relating to
certain sick leave and other leave
requests and reasonable accommodation
requests. The Management Division also
maintains information regarding any
failed drug testing administered by the
Board’s vendor and information
regarding whether an employee or
applicant has passed or failed the
medical examinations administered by
the Board’s vendor.
RECORD SOURCE CATEGORIES:
Information may be provided by the
individual to whom the record pertains,
medical professionals, and diagnostic
laboratories.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES:
General routine uses A, B, C, D, F, G,
H, I, and J apply to this system. These
general routine uses are located at
https://www.federalreserve.gov/files/
SORN-page-general-routine-uses-ofboard-systems-of-records.pdf and are
published in the Federal Register at 83
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FR 43872 at 43873–74 (August 28,
2018). Employee medical information
that is obtained under the Rehabilitation
Act may be used only in accordance
with the confidentiality provisions of
the Rehabilitation Act. Records may also
be used:
1. To disclose information to the
Board’s Thrift Plan, the Board’s Group
Life Insurance administrators, the
Department of Labor, Department of
Veterans Affairs, Social Security
Administration, Federal Retirement
Thrift Investment Board, or a national,
state, or local Social Security-type
agency, when necessary to adjudicate a
claim (filed by or on behalf of the
individual) under a retirement,
insurance, or health benefit program;
2. To disclose information to a
federal, state, or local agency to the
extent necessary to comply with laws
governing reporting of communicable
disease or when it is reasonably
believed that an individual might have
contracted an illness or been exposed to
or suffered from a health hazard while
employed in the federal workforce;
3. To disclose to health insurance
carriers that provide a health benefits
plan under the Federal Employees
Health Benefits Program information
that is necessary to verify eligibility for
payment of a claim for health benefits;
and
4. To disclose information to the
executor of an individual’s estate, the
government entity probating a will, a
designated beneficiary, or to any person
who is responsible for the care of an
individual to the extent necessary when
the individual to whom a record
pertains is deceased, mentally
incompetent, or under other legal
disability, and to disclose information to
an individual’s emergency contact, or, if
the emergency contact is unavailable, to
any person who the Board believes is
assisting the individual, when necessary
to assist that individual in obtaining any
employment benefit or any working
condition, such as an accommodation
under the Rehabilitation Act of 1973.
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POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Paper records in this system are
stored in locked file cabinets with
access limited to staff with a need to
know. Electronic records are stored on
secure servers with access limited to
staff with a need to know.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records can be retrieved by name.
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POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records pertaining to occupational
medical examination of employees are
retained for 30 years after the
employee’s separation or when the
Official Personnel Folder (OPF) is
destroyed, whichever is longer. All
medical records of applicants who do
not become Board employees are
destroyed 3 years after the end of the
year in which the position is filled or
the vacancy announcement is closed,
whichever is later, unless longer
retention is authorized for business use.
Medical records relating to reasonable
accommodation requests are retained 3
years after employee separation from the
Board or when all appeals are
concluded whichever is later, but longer
retention is authorized if required for
business use. Records of positive drug
test results in connection with drug
testing of employees are destroyed when
the employee leaves the Board or when
3 years old, whichever is later. Other
medical records are generally destroyed
when 3 years old in accordance with
applicable records schedules.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Electronic files are stored on secure
servers. The system has the ability to
track individual user actions within the
system. The audit and accountability
controls are based on NIST and Board
standards which, in turn, are based on
applicable laws and regulations. The
controls assist in detecting security
violations and performance or other
issues in the system. Access to the
system is restricted to authorized users
within the Board who require access for
official business purposes. Users are
classified into different roles and
common access and usage rights are
established for each role. User roles are
used to delineate between the different
types of access requirements such that
users are restricted to data that is
required in the performance of their
duties. Periodic assessments and
reviews are conducted to determine
whether users still require access, have
the appropriate role, and whether there
have been any unauthorized changes.
RECORD ACCESS PROCEDURES:
The Privacy Act allows individuals
the right to access records maintained
about them in a Board system of
records. Your request for access must:
(1) contain a statement that the request
is made pursuant to the Privacy Act of
1974; (2) provide either the name of the
Board system of records expected to
contain the record requested or a
concise description of the system of
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58501
records; (3) provide the information
necessary to verify your identity; and (4)
provide any other information that may
assist in the rapid identification of the
record you seek.
Current or former Board employees
may make a request for access by
contacting the Board office that
maintains the record. The Board
handles all Privacy Act requests as both
a Privacy Act request and as a Freedom
of Information Act request. The Board
does not charge fees to a requestor
seeking to access or amend his/her
Privacy Act records.
You may submit your Privacy Act
request to the—
Secretary of the Board, Board of
Governors of the Federal Reserve
System, 20th Street and Constitution
Avenue NW, Washington, DC 20551
You may also submit your Privacy Act
request electronically by using the
Board’s request portal at: https://
foia.federalreserve.gov/.
CONTESTING RECORD PROCEDURES:
The Privacy Act allows individuals to
seek amendment of information that is
erroneous, irrelevant, untimely, or
incomplete and is maintained in a
system of records that pertains to them.
To request an amendment to your
record, you should clearly mark the
request as a ‘‘Privacy Act Amendment
Request.’’ You have the burden of proof
for demonstrating the appropriateness of
the requested amendment and you must
provide relevant and convincing
evidence in support of your request.
Your request for amendment must: (1)
provide the name of the specific Board
system of records containing the record
you seek to amend; (2) identify the
specific portion of the record you seek
to amend; (3) describe the nature of and
reasons for each requested amendment;
(4) explain why you believe the record
is not accurate, relevant, timely, or
complete; and (5) unless you have
already done so in a related Privacy Act
request for access or amendment,
provide the necessary information to
verify your identity.
NOTIFICATION PROCEDURES:
Same as ‘‘Access procedures’’ above.
You may also follow this procedure in
order to request an accounting of
previous disclosures of records
pertaining to you as provided for by 5
U.S.C. 552a(c).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
This SORN was previously published
in the Federal Register at 73 FR 24984
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at 24988 (May 6, 2008). The SORN was
also amended to incorporate two new
routine uses required by OMB at 83 FR
43872 (August 28, 2018).
Board of Governors of the Federal Reserve
System.
Ann E. Misback,
Secretary of the Board.
[FR Doc. 2022–20887 Filed 9–26–22; 8:45 am]
BILLING CODE P
DEPARTMENT OF DEFENSE
[OMB Control No. 9000–0136; Docket No.
2022–0053; Sequence No. 18]
Submission for OMB Review;
Commercial Acquisitions
Department of Defense (DOD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Notice.
AGENCY:
Under the provisions of the
Paperwork Reduction Act, the
Regulatory Secretariat Division has
submitted to the Office of Management
and Budget (OMB) a request to review
and approve an extension of a
previously approved information
collection requirement regarding
commercial acquisitions.
DATES: Submit comments on or before
October 27, 2022.
ADDRESSES: Written comments and
recommendations for this information
collection should be sent within 30 days
of publication of this notice to
www.reginfo.gov/public/do/PRAMain.
Find this particular information
collection by selecting ‘‘Currently under
Review—Open for Public Comments’’ or
by using the search function.
Additionally, submit a copy to GSA
through https://www.regulations.gov
and follow the instructions on the site.
This website provides the ability to type
short comments directly into the
comment field or attach a file for
lengthier comments.
Instructions: All items submitted
must cite OMB Control No. 9000–0136,
Commercial Acquisitions. Comments
received generally will be posted
without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided. To confirm
receipt of your comment(s), please
check www.regulations.gov,
SUMMARY:
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A. OMB Control Number, Title, and
Any Associated Form(s)
ACTION:
B. Need and Uses
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
17:51 Sep 26, 2022
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
9000–0136, Commercial Acquisitions.
GENERAL SERVICES
ADMINISTRATION
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approximately two-to-three days after
submission to verify posting. If there are
difficulties submitting comments,
contact the GSA Regulatory Secretariat
Division at 202–501–4755 or
GSARegSec@gsa.gov.
FOR FURTHER INFORMATION CONTACT:
Zenaida Delgado, Procurement Analyst,
at telephone 202–969–7207, or
zenaida.delgado@gsa.gov.
SUPPLEMENTARY INFORMATION:
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This clearance covers the information
that offerors must submit to comply
with the following Federal Acquisition
Regulation (FAR) requirements:
FAR 52.212–3, Offeror
Representations and Certifications—
Commercial Products and Commercial
Services. Paragraph (b)(2) requires
offerors to identify the applicable
paragraphs at (c) through (v) of this
provision that the offeror has completed
for the purposes of the relevant
solicitation only, if any. The provision
stipulates that any changes provided by
the offeror under paragraph (b)(2) are
applicable to that specific solicitation
only, and do not result in an update to
the representations and certifications
posted electronically in the System for
Award Management. The contracting
officer will use the information to
determine a contractor’s eligibility for
award, and to incorporate appropriate
terms and conditions into the contract
award.
C. Annual Burden
Respondents: 140,055.
Total Annual Responses: 414,909.
Total Burden Hours: 207,455.
D. Public Comment
A 60-day notice was published in the
Federal Register at 87 FR 43039, on July
19, 2022. No comments were received.
Obtaining Copies: Requesters may
obtain a copy of the information
collection documents from the GSA
Regulatory Secretariat Division by
calling 202–501–4755 or emailing
GSARegSec@gsa.gov. Please cite OMB
Control No. 9000–0136, Commercial
Acquisitions.
Janet Fry,
Director, Federal Acquisition Policy Division,
Office of Governmentwide Acquisition Policy,
Office of Acquisition Policy, Office of
Governmentwide Policy.
[FR Doc. 2022–20811 Filed 9–26–22; 8:45 am]
BILLING CODE 6820–EP–P
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Food and Drug Administration
[Docket No. FDA–2022–N–0571]
Ortho-phthalates for Food Contact
Use; Reopening of Comment Period;
Request for Information
AGENCY:
Food and Drug Administration,
HHS.
Notice; reopening of comment
period; request for information.
The Food and Drug
Administration (FDA or we) is
reopening the comment period for the
notice titled ‘‘Ortho-phthalates for Food
Contact Use; Request for Information,’’
which published in the Federal Register
of May 20, 2022. We are taking this
action in response to a request from
stakeholders to extend the comment
period to allow additional time for
interested parties to develop and submit
data, other information, and comments
for this request for information.
DATES: FDA is reopening the comment
period on the notice ‘‘Ortho-phthalates
for Food Contact Use; Request for
Information,’’ which published in the
Federal Register on May 20, 2022 (87
FR 31090). Submit either electronic or
written comments by December 27,
2022.
SUMMARY:
You may submit comments
as follows. Please note that late,
untimely filed comments will not be
considered. The https://
www.regulations.gov electronic filing
system will accept comments until
11:59 p.m. Eastern Time at the end of
December 27, 2022. Comments received
by mail/hand delivery/courier (for
written/paper submissions) will be
considered timely if they are received
on or before that date.
ADDRESSES:
Electronic Submissions
Submit electronic comments in the
following way:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
Comments submitted electronically,
including attachments, to https://
www.regulations.gov will be posted to
the docket unchanged. Because your
comment will be made public, you are
solely responsible for ensuring that your
comment does not include any
confidential information that you or a
third party may not wish to be posted,
such as medical information, your or
anyone else’s Social Security number, or
confidential business information, such
as a manufacturing process. Please note
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]]>Agencies
[Federal Register Volume 87, Number 186 (Tuesday, September 27, 2022)]
[Notices]
[Pages 58499-58502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20887]
-----------------------------------------------------------------------
FEDERAL RESERVE SYSTEM
Privacy Act of 1974; System of Records
AGENCY: Board of Governors of the Federal Reserve System.
ACTION: Notice of a modified system of records.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, notice
is given that the Board of Governors of the Federal Reserve System
(Board) proposes to modify an existing system of records, entitled
BGFRS-3, ``FRB--Medical Records.'' BGFRS-3 includes information
relating to medical examinations and drug testing of current and
prospective employees, and any other medical-related information that
may be submitted by employees, contractors, candidates for Board
employment, and members of the public.
DATES: Comments must be received on or before October 27, 2022. This
new system of records will become effective October 27, 2022, without
further notice, unless comments dictate otherwise.
The Office of Management and Budget (OMB), which has oversight
responsibility under the Privacy Act, requires a 30-day period prior to
publication in the Federal Register in which to review the system and
to provide any comments to the agency. The public is then given a 30-
day period in which to comment, in accordance with 5 U.S.C. 552a(e)(4)
and (11).
ADDRESSES: You may submit comments, identified by BGFRS-3, ``FRB--
Medical Records,'' by any of the following methods:
[[Page 58500]]
Agency website: https://www.federalreserve.gov. Follow the
instructions for submitting comments at https://www.federalreserve.gov/apps/foia/proposedregs.aspx.
Email: [email protected]. Include SORN name
and number in the subject line of the message.
Fax: (202) 452-3819 or (202) 452-3102.
Mail: Ann E. Misback, Secretary, Board of Governors of the
Federal Reserve System, 20th Street and Constitution Avenue NW,
Washington, DC 20551.
All public comments will be made available on the Board's website
at https://www.federalreserve.gov/apps/foia/proposedregs.aspx as
submitted. Accordingly, comments will not be edited to remove any
identifying or contact information. Public comments may also be viewed
electronically and in-person in Room M-4365A, 2001 C St. NW,
Washington, DC 20551, between 9:00 a.m. and 5:00 p.m. during federal
business weekdays.
FOR FURTHER INFORMATION CONTACT: David B. Husband, Senior Counsel,
(202) 530-6270, or [email protected], Legal Division, Board of
Governors of the Federal Reserve System, 20th Street and Constitution
Avenue NW, Washington, DC 20551. If you are deaf, hard of hearing, or
have a speech disability, please dial 7-1-1 to access telecommunication
relay services.
SUPPLEMENTARY INFORMATION: The Board is modifying this system of
records to reflect that the Board has eliminated its in-house health
unit and to further clarify the scope of the records included in the
system. Specifically, the Board is updating the ``Categories of Records
in the System'' section as follows: (a) to remove the outdated
references to the collection of information by the Board's Health Unit,
which is now defunct; (b) to clarify that the system includes any
medical records that an employee, contractor, applicant, or other
individual may provide directly to the Board, including medical records
relating to certain sick leave and other leave requests and reasonable
accommodation requests; (c) to remove the reference to records relating
to employees' workers' compensation claims, as those records are
maintained by the Department of Labor's Office of Workers' Compensation
Programs; (d) to remove the reference to records regarding employees'
use of the Board's exercise facilities as the Board does not collect
such medical information; and (e) to remove the unclear and redundant
reference to records regarding employees' participation in an
occupational health services program. In light of these changes, the
Board has made corresponding revisions to system's purpose, categories
of individuals covered by the system, and the policies and practices
for retention and disposal of records section.
The Board is also making general updates to the system.
Specifically, the Board is updating the system location, the system
manager, the authority for maintenance of the system, the record source
categories, and the policies and practices for storage of records. The
Board is also taking the opportunity to update the ``Routine Uses''
section to incorporate a link to the Board's general routine uses. The
Board is not amending or establishing any new routine uses.
The Board is also making technical changes to BGFRS-3 consistent
with the template laid out in OMB Circular No. A-108. Accordingly, the
Board is making technical corrections and non-substantive language
revisions to the following categories: ``Policies and Practices for
Storage of Records,``Policies and Practices for Retrieval of Records,''
``Policies and Practices for Retention and Disposal of Records,''
``Administrative, Technical and Physical Safeguards,'' ``Record Access
Procedures,'' ``Contesting Record Procedures,'' and ``Notification
Procedures.'' The Board is also adding the following new fields:
``Security Classification'' and ``History.''
SYSTEM NAME AND NUMBER:
BGFRS-3 ``FRB--Medical Records''.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Human Resources, Management Division, Board of Governors of the
Federal Reserve System, 20th Street and Constitution Avenue NW,
Washington, DC 20551. Certain records are also maintained on the
Board's behalf by Medical Advisory Services, 1140 19th Street NW, Suite
700, Washington, DC 20036 and Workpartners, 600 Grant Street, 8th
Floor, Pittsburgh, PA 15219.
SYSTEM MANAGER:
John Forbes, Program Manager--Employee Life, Human Resources,
Management Division, Board of Governors of the Federal Reserve System,
20th Street and Constitution Avenue NW, Washington, DC 20551, (202)
974-7052, or [email protected].
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Sections 10 and 11 of the Federal Reserve Act (12 U.S.C. 244 and
248).
PURPOSE(S) OF THE SYSTEM:
These records are collected and maintained to assist the Board in
determining an employee's fitness for duty and eligibility for benefits
based on medical information, to respond to reasonable accommodation
requests, to assist the Board in providing a safe and healthy working
environment, and to comply with Executive Order 12564, Drug-Free
Federal Workplace.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Past and present Board employees, contractors, candidates for Board
employment, and members of the public.
CATEGORIES OF RECORDS IN THE SYSTEM:
The majority of records are maintained by the Board's vendor on
behalf of the Board and relate to occupational medical examinations of
current and prospective employees, including employees subject to fit-
for-duty requirements, and the drug testing of current and prospective
employees under the Board's Drug-Free Workplace Plan. The Board's
vendor also maintains historical records relating to the preventive
health screenings that the Board previously offered employees through
its now-defunct in-house health unit. The Board's Management Division
maintains medical records that an employee, contractor, applicant, or
other individual may provide directly to the Board, including records
relating to certain sick leave and other leave requests and reasonable
accommodation requests. The Management Division also maintains
information regarding any failed drug testing administered by the
Board's vendor and information regarding whether an employee or
applicant has passed or failed the medical examinations administered by
the Board's vendor.
RECORD SOURCE CATEGORIES:
Information may be provided by the individual to whom the record
pertains, medical professionals, and diagnostic laboratories.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
General routine uses A, B, C, D, F, G, H, I, and J apply to this
system. These general routine uses are located at https://www.federalreserve.gov/files/SORN-page-general-routine-uses-of-board-systems-of-records.pdf and are published in the Federal Register at 83
[[Page 58501]]
FR 43872 at 43873-74 (August 28, 2018). Employee medical information
that is obtained under the Rehabilitation Act may be used only in
accordance with the confidentiality provisions of the Rehabilitation
Act. Records may also be used:
1. To disclose information to the Board's Thrift Plan, the Board's
Group Life Insurance administrators, the Department of Labor,
Department of Veterans Affairs, Social Security Administration, Federal
Retirement Thrift Investment Board, or a national, state, or local
Social Security-type agency, when necessary to adjudicate a claim
(filed by or on behalf of the individual) under a retirement,
insurance, or health benefit program;
2. To disclose information to a federal, state, or local agency to
the extent necessary to comply with laws governing reporting of
communicable disease or when it is reasonably believed that an
individual might have contracted an illness or been exposed to or
suffered from a health hazard while employed in the federal workforce;
3. To disclose to health insurance carriers that provide a health
benefits plan under the Federal Employees Health Benefits Program
information that is necessary to verify eligibility for payment of a
claim for health benefits; and
4. To disclose information to the executor of an individual's
estate, the government entity probating a will, a designated
beneficiary, or to any person who is responsible for the care of an
individual to the extent necessary when the individual to whom a record
pertains is deceased, mentally incompetent, or under other legal
disability, and to disclose information to an individual's emergency
contact, or, if the emergency contact is unavailable, to any person who
the Board believes is assisting the individual, when necessary to
assist that individual in obtaining any employment benefit or any
working condition, such as an accommodation under the Rehabilitation
Act of 1973.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Paper records in this system are stored in locked file cabinets
with access limited to staff with a need to know. Electronic records
are stored on secure servers with access limited to staff with a need
to know.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records can be retrieved by name.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records pertaining to occupational medical examination of employees
are retained for 30 years after the employee's separation or when the
Official Personnel Folder (OPF) is destroyed, whichever is longer. All
medical records of applicants who do not become Board employees are
destroyed 3 years after the end of the year in which the position is
filled or the vacancy announcement is closed, whichever is later,
unless longer retention is authorized for business use. Medical records
relating to reasonable accommodation requests are retained 3 years
after employee separation from the Board or when all appeals are
concluded whichever is later, but longer retention is authorized if
required for business use. Records of positive drug test results in
connection with drug testing of employees are destroyed when the
employee leaves the Board or when 3 years old, whichever is later.
Other medical records are generally destroyed when 3 years old in
accordance with applicable records schedules.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Electronic files are stored on secure servers. The system has the
ability to track individual user actions within the system. The audit
and accountability controls are based on NIST and Board standards
which, in turn, are based on applicable laws and regulations. The
controls assist in detecting security violations and performance or
other issues in the system. Access to the system is restricted to
authorized users within the Board who require access for official
business purposes. Users are classified into different roles and common
access and usage rights are established for each role. User roles are
used to delineate between the different types of access requirements
such that users are restricted to data that is required in the
performance of their duties. Periodic assessments and reviews are
conducted to determine whether users still require access, have the
appropriate role, and whether there have been any unauthorized changes.
RECORD ACCESS PROCEDURES:
The Privacy Act allows individuals the right to access records
maintained about them in a Board system of records. Your request for
access must: (1) contain a statement that the request is made pursuant
to the Privacy Act of 1974; (2) provide either the name of the Board
system of records expected to contain the record requested or a concise
description of the system of records; (3) provide the information
necessary to verify your identity; and (4) provide any other
information that may assist in the rapid identification of the record
you seek.
Current or former Board employees may make a request for access by
contacting the Board office that maintains the record. The Board
handles all Privacy Act requests as both a Privacy Act request and as a
Freedom of Information Act request. The Board does not charge fees to a
requestor seeking to access or amend his/her Privacy Act records.
You may submit your Privacy Act request to the--
Secretary of the Board, Board of Governors of the Federal Reserve
System, 20th Street and Constitution Avenue NW, Washington, DC 20551
You may also submit your Privacy Act request electronically by
using the Board's request portal at: https://foia.federalreserve.gov/.
CONTESTING RECORD PROCEDURES:
The Privacy Act allows individuals to seek amendment of information
that is erroneous, irrelevant, untimely, or incomplete and is
maintained in a system of records that pertains to them. To request an
amendment to your record, you should clearly mark the request as a
``Privacy Act Amendment Request.'' You have the burden of proof for
demonstrating the appropriateness of the requested amendment and you
must provide relevant and convincing evidence in support of your
request.
Your request for amendment must: (1) provide the name of the
specific Board system of records containing the record you seek to
amend; (2) identify the specific portion of the record you seek to
amend; (3) describe the nature of and reasons for each requested
amendment; (4) explain why you believe the record is not accurate,
relevant, timely, or complete; and (5) unless you have already done so
in a related Privacy Act request for access or amendment, provide the
necessary information to verify your identity.
NOTIFICATION PROCEDURES:
Same as ``Access procedures'' above. You may also follow this
procedure in order to request an accounting of previous disclosures of
records pertaining to you as provided for by 5 U.S.C. 552a(c).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
This SORN was previously published in the Federal Register at 73 FR
24984
[[Page 58502]]
at 24988 (May 6, 2008). The SORN was also amended to incorporate two
new routine uses required by OMB at 83 FR 43872 (August 28, 2018).
Board of Governors of the Federal Reserve System.
Ann E. Misback,
Secretary of the Board.
[FR Doc. 2022-20887 Filed 9-26-22; 8:45 am]
BILLING CODE P
