Privacy, 70374-70379 [2023-22439]
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70374
Proposed Rules
Federal Register
Vol. 88, No. 195
Wednesday, October 11, 2023
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
FEDERAL LABOR RELATIONS
AUTHORITY
5 CFR Part 2412
Privacy
Federal Labor Relations
Authority.
ACTION: Proposed rule.
AGENCY:
This rulemaking proposes
revisions to the regulations that the
Federal Labor Relations Authority
(FLRA) follows in processing records
under the Privacy Act. The FLRA is
revising these regulations to update
procedures for requesting information
from the FLRA and procedures that the
FLRA follows in responding to requests
from the public, in order to reflect
changes in the law and the FLRA’s
organization since the regulations were
last updated.
DATES: Written comments must be
received on or before November 13,
2023.
SUMMARY:
You may send comments,
which must include the caption
‘‘Privacy Act Regulations,’’ by one of the
following methods:
Email: SolMail@flra.gov. Include
‘‘Privacy Act Regulations’’ in the subject
line of the message.
Mail: Thomas Tso, Senior Agency
Official for Privacy, Federal Labor
Relations Authority, 1400 K Street NW,
Washington, DC 20424–0001.
Instructions: Do not mail written
comments if they have been submitted
via email. Interested persons who mail
written comments must submit an
original and 4 copies of each written
comment, with any enclosures, on 81⁄2
x 11 inch paper. Do not deliver
comments by hand.
FOR FURTHER INFORMATION CONTACT: If
you have any questions, please contact
Thomas Tso, Solicitor, Senior Agency
Official for Privacy, at (771) 444–5779.
SUPPLEMENTARY INFORMATION: The
proposed revisions to the FLRA’s
Privacy Act (5 U.S.C. 552a) regulations
update these regulations to account for
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ADDRESSES:
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issues that have arisen since the
regulations were last updated. For
example, these changes are proposed to
reflect modifications that clarify the
FLRA’s obligations under the Act and
align with the authority vested in the
FLRA’s Office of the Solicitor to process
Privacy Act requests. Modifications
include the addition of language to
reflect the amendment of the Privacy
Act by the Debt Collection Act of 1982
(which stated the circumstances under
which Federal agencies could disclose
individual records to consumer
reporting agencies). By consolidating
responsibility with the Solicitor, the
designated Senior Agency Official for
Privacy, the proposed regulations
ensure compliance with the Senior
Agency Official for Privacy’s oversight
requirements in OMB M–16–24, ‘‘Role
and Designation of Senior Agency
Officials for Privacy’’ in accordance
with E.O. 13719, Establishment of the
Federal Privacy Council.’’ [81 FR 7685,
February 12, 2016]. The proposed
regulations also ensure the
independence of the FLRA’s Office of
the Inspector General (OIG or IG) by
assigning all responsibilities to the IG
for deciding Privacy Act requests for
records held by the IG. In addition to
some minor non-substantive changes to
correct typographical errors, small
stylistic adjustments for clarification,
and streamlined language of some
procedural provisions, the FLRA is
proposing the following changes:
• Section 2412.1 is revised to clarify
that these regulations are coordinated
with regulations under the Freedom of
Information Act (FOIA) and these
regulations do not concern personnel
records of FLRA employees.
• Section 2412.2 is revised to add
definitions for four terms used in the
regulations: request for access, request
for amendment or correction, request for
an accounting, and requester.
• Section 2412.4 is revised to
streamline the procedure for existenceof-records requests by directing all
requests to the FLRA’s Solicitor, or the
IG, as appropriate, and to include
procedures for verifying identity and
filing an existence-of-records request as
a parent or guardian of an individual.
• Section 2412.5 is revised to
streamline the procedure for individual
access requests by directing all requests
to the FLRA’s Solicitor, or the IG, as
appropriate, and to include procedures
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for verifying identity and for filing an
individual access request as a parent or
guardian of an individual.
• Section 2412.6 is removed and
redesignated as § 2412.7 and is revised
to streamline the procedure for
responding to access requests by
providing that the FLRA’s Solicitor, or
the IG, as appropriate will issue all
initial decisions on access requests.
Revisions also clarify that records will
not be provided if they have been
compiled in reasonable anticipation of
civil or criminal action or other
proceedings.
• Section 2412.7 is removed and
integrated into newly redesignated
§ 2412.6 in order to consolidate all
request provisions.
• Section 2412.8 is removed and
redesignated as § 2412.6 and is revised
to contain the limitations on disclosure
and to streamline the process for
responding to third-party requests for
records by directing all such requests to
the FLRA’s Solicitor or the IG. The
revision also adds language to reflect the
amendment of the Privacy Act by the
Debt Collection Act of 1982, which
stated the circumstances under which
Federal agencies could disclose
individual records to consumer
reporting agencies.
• Section 2412.9 is removed and
redesignated as § 2412.8 and is revised
to include a procedure for requesting
accountings of record disclosures, for
the FLRA’s Solicitor or IG to respond to
such requests, and for an individual to
appeal the Solicitor or IG’s decision.
Revisions also identify certain types of
records that are not subject to
accounting or disclosure of an
accounting.
• Section 2412.10 is removed and
redesignated as § 2412.9 and is revised
to streamline the procedure for
requesting amendment or correction of
records by directing all such requests to
the FLRA’s Solicitor or the IG and to list
certain types of records that are not
subject to amendment or correction.
• Section 2412.11 is removed and
redesignated as § 2412.10 and is revised
to streamline the procedure for
responding to requests for correction or
amendment by providing that the
FLRA’s Solicitor or IG will issue all
initial decisions on access requests.
• Section 2412.12 is removed and
redesignated as § 2412.11 and is revised
to streamline the procedure for
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correction or amendment of previously
disclosed records by providing that the
FLRA’s Solicitor or IG will give notice
of correction or amendment, or notice of
a written statement of disagreement, to
all persons to whom such records or
copies have been disclosed.
• Section 2412.13 is removed and
redesignated as § 2412.12 and is revised
to streamline the procedure for an
individual to appeal the initial decision
of the FLRA’s Solicitor or IG on a
request for information regarding, or
access to, a system of records, for
amendment or correction of records, or
for an accounting of disclosure from
records by providing that the individual
may submit the appeal by mail or by
email to privacy@flra.gov.
• Section 2412.14 is removed and
redesignated as § 2412.13 and is revised
to provide that an individual’s Privacy
Act request for access to records will be
considered an agreement to pay all
applicable fees charged under paragraph
(b) of this section, up to $25.00, unless
the request specifies otherwise. It is
further amended to provide that the cost
for paper-copy duplication of records is
twenty-five (25) cents per page,
consistent with the duplication fees
charged by the FLRA under its FOIA
regulations.
• Section 2412.15 is removed and
redesignated as § 2412.14.
• Section 2412.16 is removed and
redesignated as § 2412.15.
This proposed rule is internal and
procedural rather than substantive. It
does not create a right to obtain FLRA
records, nor does it create any
additional right or privilege not already
available to the public under the Privacy
Act.
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Regulatory Flexibility Act Certification
Pursuant to section 605(b) of the
Regulatory Flexibility Act, 5 U.S.C.
605(b), the FLRA has determined that
this regulation, as amended, will not
have a significant impact on a
substantial number of small entities.
The Privacy Act primarily affects
individuals and not entities and the
proposed rule would impose no duties
or obligations on small entities.
Unfunded Mandates Reform Act of
1995
This proposed rule change will not
result in the expenditure by state, local,
and tribal governments, in the aggregate,
or by the private sector, of $100,000,000
or more in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995.
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Small Business Regulatory Enforcement
Fairness Act of 1996
This action is not a major rule as
defined by section 804 of the Small
Business Regulatory Enforcement
Fairness Act of 1996, 5 U.S.C. 804. This
proposed rule will not result in an
annual effect on the economy of
$100,000,000 or more; a major increase
in costs or prices; or significant adverse
effects on competition, employment,
investment, productivity, innovation, or
on the ability of United States-based
companies to compete with foreignbased companies in domestic and
export markets.
Paperwork Reduction Act of 1995
The amended regulations contain no
additional information collection or
record-keeping requirements under the
Paperwork Reduction Act of 1995, 44
U.S.C. 3501, et seq.
List of Subjects in 5 CFR Part 2412
Privacy Act.
For the reasons stated in the
preamble, the Authority proposes to
revise 5 CFR part 2412 to read as
follows:
PART 2412—PRIVACY
Sec.
2412.1 Purpose and scope.
2412.2 Definitions.
2412.3 Notice and publication.
2412.4 Existence-of-records requests.
2412.5 Individual access requests.
2412.6 Records about other individuals,
medical records, and limitations on
disclosures.
2412.7 Initial decision on access requests.
2412.8 Accountings of disclosures and
requests for accountings.
2412.9 Requests for amendment or
correction of records.
2412.10 Initial decision on amendment or
correction.
2412.11 Amendment or correction of
previously disclosed records.
2412.12 Agency review of refusal to inform,
to provide access to, or to amend or
correct records.
2412.13 Fees.
2412.14 Penalties.
2412.15 Exemptions.
Authority: 5 U.S.C. 552a.
§ 2412.1
Purpose and scope.
This part contains the regulations that
the Federal Labor Relations Authority
(FLRA), including the Authority
component (Authority), the General
Counsel of the FLRA (General Counsel),
the Inspector General (IG), and the
Federal Service Impasses Panel (Panel),
follow under the Privacy Act of 1974, as
amended, 5 U.S.C. 552a. These
regulations should be read together with
the Privacy Act, which provides
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additional information about records
maintained on individuals. The
regulations apply to all records
maintained by the Authority, the
General Counsel, the IG, and the Panel
that are contained in a system of
records, as defined at § 2412.2(d), and
that are retrieved by an individual’s
name or personal identifier. They
describe the procedures by which
individuals may request access to
records about themselves, request
amendment or correction of those
records, and request an accounting of
disclosures of those records. In addition,
the regulations limit the access of other
persons to those records. The Authority,
the General Counsel, the IG, and the
Panel also process all Privacy Act
requests for access to records under the
Freedom of Information Act, 5 U.S.C.
552, giving requesters the benefit of both
statutes. These regulations do not relate
to those personnel records of Federal
Government employees, which are
under the Office of Personnel
Management’s (OPM) jurisdiction, to the
extent such records are subject to OPM
regulations.
§ 2412.2
Definitions.
For the purposes of this part—
Individual means a citizen of the
United States or an alien lawfully
admitted for permanent residence.
Maintain includes maintain, collect,
use, or disseminate.
Record means any item, collection, or
grouping of information about an
individual that is maintained by the
Authority, the General Counsel, the IG,
or the Panel including, but not limited
to, information regarding the
individual’s education, financial
transactions, medical history, and
criminal or employment history, that
contains the individual’s name, or the
identifying number, symbol, or other
identifying particular assigned to the
individual, such as a finger or voice
print or a photograph.
Request for access to a record means
a request made under the Privacy Act,
5 U.S.C. 552a(d)(1).
Request for amendment or correction
of a record means a request made under
the Privacy Act, 5 U.S.C. 552a(d)(2).
Request for an accounting means a
request made under the Privacy Act, 5
U.S.C. 552a(c)(3).
Requester means an individual who
makes an existence-of-records request, a
request for access, a request for
amendment or correction, or a request
for an accounting under the Privacy Act.
System of records means a group of
any records under the control of the
Authority, the General Counsel, the IG,
or the Panel from which information is
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retrieved by the name of the individual
or by some identifying particular
assigned to the individual.
Routine use means, with respect to
the disclosure of a record, the use of
such record for a purpose which is
compatible with the purpose for which
it was collected.
§ 2412.3
Notice and publication.
The Authority, the General Counsel,
the IG, and the Panel will publish in the
Federal Register such notices describing
systems of records as are required by
law.
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§ 2412.4
Existence-of-records requests.
(a) If you want to know whether a
system of records maintained by the
Authority, the General Counsel, the IG,
or the Panel contains a record pertaining
to you, you may submit a written
existence-of-records request by mail to
the FLRA’s Solicitor or IG, as
appropriate, at the Authority’s offices in
Washington, DC, or by email to
privacy@flra.gov.
(b) You should clearly and
prominently identify your request as a
Privacy Act request. If you submit the
request by mail, it should bear the mark
‘‘Privacy Act Request’’ on the envelope
or other cover, as well as your return
address. If you submit the request by
email, the subject line of the email
should include the phrase ‘‘Privacy Act
Request.’’ If you do not comply with the
provisions of this paragraph, your
request will not be deemed received
until the time it is actually received by
the FLRA’s Solicitor or IG.
(c) An existence-of-records request
must include your name and address
and must reasonably describe the
system of records in question. Whenever
possible, the request should also
describe the time periods in which you
believe the records were compiled and
the name or identifying number of each
system of records in which you believe
the records are kept. The Authority, the
General Counsel, the IG, and the Panel
have published descriptions of the
systems of records they maintain in the
Federal Register.
(d) When you make an existence-ofrecords request regarding records about
yourself, you must verify your identity.
You must state your full name, current
address, and date and place of birth.
You must sign your request and your
signature must either be notarized or
submitted by you under 28 U.S.C. 1746,
a law that permits statements to be
made under penalty of perjury as a
substitute for notarization. In order to
help the identification and location of
requested records, you may also, at your
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option, include your social security
number.
(e) When making an existence-ofrecords request as the parent or
guardian of a minor or as the guardian
of someone determined by a court to be
incompetent, you must establish:
(1) The identity of the individual who
is the subject of the record, by stating
the name, current address, date and
place of birth, and, at your option, the
social security number of the
individual;
(2) Your own identity, following the
requirements of paragraph (d) of this
section;
(3) That you are the parent or
guardian of that individual, which you
may prove by providing a copy of the
individual’s birth certificate showing
your parentage or by providing a court
order establishing your guardianship;
and
(4) That you are acting on behalf of
that individual in making the request.
(f) The Solicitor or IG, as appropriate,
will advise you in writing within ten
(10) working days from receipt of your
request whether the system of records
you identified contains a record
pertaining to you or to the individual for
whom you are a parent or guardian and,
if so, the office in which that record is
located. If the Solicitor or IG is
prohibited from, or there is otherwise an
exemption that prevents, disclosing
whether a system of records contains a
record pertaining to you or to the
individual for whom you are a parent or
guardian, you will be notified in writing
of the reasons of that determination, and
of your right to appeal that
determination under the provisions
§ 2412.12.
§ 2412.5
Individual access requests.
(a) You may make a request for access
to a record about yourself that is
contained in a system of records
maintained by the Authority, the
General Counsel, the IG, or the Panel by
submitting a written request reasonably
identifying the records sought to be
inspected or copied by mail to the
FLRA’s Solicitor or the IG at the
Authority’s offices in Washington, DC,
or by email to privacy@flra.gov. You
must describe the records that you want
in enough detail to enable Authority,
General Counsel, IG, or Panel personnel
to locate the system of records
containing them with a reasonable
amount of effort. Whenever possible,
your request should describe the time
periods in which you believe the
records were compiled and the name or
identifying number of each system of
records in which you believe the
records are kept. The Authority, the
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General Counsel, the IG, and the Panel
have published descriptions of the
systems of records they maintain in the
Federal Register.
(b) Your written request should be
clearly and prominently identified as a
Privacy Act request. If you submit the
request by mail, it should bear the mark
‘‘Privacy Act Request’’ on the envelope
or other cover, as well as your return
address. If you submit the request by
email, the subject line of the email
should include the phrase ‘‘Privacy Act
Request.’’ If your request does not
comply with the provisions of this
paragraph, it will not be deemed
received until the time it is actually
received by the FLRA’s Solicitor or IG.
(c) If you desire, you may be
accompanied by another person during
your review of the records. If you desire
to be accompanied by another person
during the inspection, you must notify
the Solicitor or IG at least twenty-four
hours in advance of the agreed-upon
inspection date. Additionally, you must
sign a statement and provide it to the
representative of the Authority, the
General Counsel, the IG, or the Panel, as
appropriate, at the time of the
inspection, authorizing that person to
accompany you. The agency may
require a written statement from you
authorizing discussion of your record in
the accompanying person’s presence.
(d) When you make a request for
access to records about yourself, you
must verify your identity. You must
state your full name, current address,
and date and place of birth. You must
sign your request and your signature
must either be notarized or submitted by
you under 28 U.S.C. 1746, a law that
permits statements to be made under
penalty of perjury as a substitute for
notarization. In order to help the
identification and location of requested
records, you may also, at your option,
include your social security number.
(e) When making a request as the
parent or guardian of a minor or as the
guardian of someone determined by a
court to be incompetent, for access to
records about that individual, you must
establish:
(1) The identity of the individual who
is the subject of the record, by stating
the name, current address, date and
place of birth, and, at your option, the
social security number of the
individual;
(2) Your own identity, following the
requirements of paragraph (d) of this
section;
(3) That you are the parent or
guardian of that individual, which you
may prove by providing a copy of the
individual’s birth certificate showing
your parentage or by providing a court
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order establishing your guardianship;
and
(4) That you are acting on behalf of
that individual in making the request.
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§ 2412.6 Records about other individuals,
medical records, and limitations on
disclosures.
(a) Requests for records about an
individual made by person other than
that individual shall also be directed to
the FLRA’s Solicitor or IG, as
appropriate, at the Authority’s offices in
Washington, DC, or by email to
privacy@flra.gov. You must describe the
records that you want in enough detail
to enable Authority, General Counsel,
IG, or Panel personnel to locate the
system of records containing them with
a reasonable amount of effort. Whenever
possible, your request should describe
the time periods in which you believe
the records were compiled and the
name or identifying number of each
system of records in which you believe
the records are kept. The Authority, the
General Counsel, the IG, and the Panel
have published descriptions of the
systems of records they maintain in the
Federal Register.
(b) Such records shall only be made
available to persons other than that
individual in the following
circumstances:
(1) To any person with the prior
written consent of the individual about
whom the records are maintained;
(2) To officers and employees of the
Authority, the General Counsel, the IG,
and the Panel who have a need for the
records in the performance of their
official duties;
(3) For a routine use compatible with
the purpose for which it was collected,
as defined in 5 U.S.C. 552a(a)(7) and as
described under 5 U.S.C. 552a(e)(4)(D);
(4) To any person to whom disclosure
is required by the Freedom of
Information Act, as amended, 5 U.S.C.
552;
(5) To the Bureau of the Census for
purposes of planning or carrying out a
census or survey or related activity
pursuant to title 13 of the United States
Code;
(6) In a form not individually
identifiable to a recipient who has
provided the Solicitor or IG with
advance adequate written assurance that
the record will be used solely as a
statistical research or reporting record;
(7) To the National Archives and
Records Administration or other
appropriate entity as a record which has
sufficient historical or other value
warranting its preservation, or for
evaluation by the Archivist of the
United States or the designee of such
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official to determine whether the record
has such value;
(8) To another agency or to an
instrumentality of any governmental
jurisdiction within or under control of
the United States for a civil or criminal
law enforcement activity that is
authorized by law if the head of the
agency or instrumentality has made a
written request for the record to the
Solicitor or IG, in accordance with part
2417 of this chapter, specifying the
particular portion desired and the law
enforcement activity for which the
record is sought;
(9) To a person pursuant to a showing
of compelling circumstances affecting
the health or safety of an individual,
provided that notification of such a
disclosure shall be immediately mailed
to the last known address of the
individual;
(10) To either House of Congress or to
any committee thereof with appropriate
jurisdiction;
(11) To the Comptroller General, or
any of Comptroller General’s authorized
representatives, in the performance of
the official duties of the General
Accountability Office;
(12) Pursuant to the order of a court
of competent jurisdiction; or
(13) To a consumer reporting agency
in accordance with 31 U.S.C. 3711(e).
(c) The request shall be in writing and
should be clearly and prominently
identified as a Privacy Act request and,
if submitted by mail or otherwise
submitted in an envelope or other cover,
should bear the mark ‘‘Privacy Act
Request’’ on the envelope or other
cover. If a request does not comply with
the provisions of this paragraph, it shall
not be deemed received until the time
it is actually received by the Solicitor or
the IG.
(d) If medical records are requested
for inspection which, in the opinion of
the Solicitor or the IG, as appropriate,
may be harmful to the requester if
personally inspected by such person,
such records will be furnished only to
a licensed physician designated to
receive such records by the requester.
Prior to such disclosure, the requester
must furnish a signed written
authorization to make such disclosure
and the physician must furnish a
written request for the physician’s
receipt of such records to the Solicitor
or the IG, as appropriate.
(1) If such authorization is not
executed within the presence of an
Authority, General Counsel, or Panel
representative, the authorization must
be accompanied by a notarized
statement verifying the identification of
the requester.
(2) [Reserved]
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§ 2412.7 Initial decision on access
requests.
(a) Within ten (10) working days of
the receipt of a request pursuant to
§ 2412.5, the FLRA’s Solicitor or IG will
make an initial decision regarding
whether the requested records exist and
whether they will be made available to
the requester. The Solicitor or IG will
promptly communicate that initial
decision to you in writing or other
appropriate form.
(b) When the initial decision is to
provide access to the requested records,
the writing or other appropriate
communication notifying you of the
decision will:
(1) Briefly describe the records to be
made available;
(2) State whether any records
maintained about you in the system of
records in question are not being made
available;
(3) State whether any further
verification of your identity is
necessary; and
(4) Notify you of any fee charged
under § 2412.13.
(5) The Solicitor or IG will promptly
disclose the requested records to you
upon payment of any applicable fee
under § 2412.13.
(c) When the initial decision is not to
provide access to requested records and
accountings, the Solicitor or IG will, by
writing or other appropriate
communication, explain the reason for
that decision. The Solicitor or IG will
only refuse to provide you access when:
(1) Your verification of identity is
inadequate under § 2412.5(d);
(2) No such records are maintained or
an exemption applies;
(3) Your information is contained in,
and inseparable from, another
individual’s record;
(4) The requested records have been
compiled in reasonable anticipation of
civil or criminal action or other
proceedings.
§ 2412.8 Accountings of disclosures and
requests for accountings.
(a) The FLRA’s Solicitor or IG, as
appropriate, will maintain a record
(‘‘accounting’’) of every instance in
which records about an individual are
made available, pursuant to this part, to
any person other than:
(1) Officers or employees of the
Authority, the General Counsel, the IG,
or the Panel in the performance of their
duties; or
(2) Any person pursuant to the
Freedom of Information Act, as
amended, 5 U.S.C. 552.
(b) The accounting which shall be
retained for at least five (5) years or the
life of the record, whichever is longer,
shall contain the following information:
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(1) A brief description of records
disclosed;
(2) The date, nature and, where
known, the purpose of the disclosure;
and
(3) The name and address of the
person or agency to whom the
disclosure is made.
(c) Except when accountings of
disclosures are not required to be kept
(as stated in paragraph (a) of this
section) or are withheld accounting of
disclosures that were made pursuant to
5 U.S.C. 552a(b)(7), you may make a
request for an accounting of any
disclosure that has been made by the
Solicitor or IG, to another person,
organization, or agency of any record
about you. This accounting contains the
date, nature, and purpose of each
disclosure, as well as the name and
address of the person, organization, or
agency to which the disclosure was
made. Your request for an accounting
should identify each particular record in
question and should be made by writing
to the FLRA’s Solicitor or IG, as
appropriate, following the procedures in
§ 2412.5.
(d) The FLRA’s Solicitor or IG, as
appropriate, will respond to your
request for access to an accounting
following the procedures in § 2412.7.
You may appeal the Solicitor or IG’s
decision on your request under the
procedures in § 2412.12.
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§ 2412.9 Requests for amendment or
correction of records.
(a) Unless the record is not subject to
amendment or correction as stated in
paragraph (b) of this section, you may
make a request for amendment or
correction of an Authority, General
Counsel, IG, or Panel record about
yourself or about an individual for
whom you are a parent or guardian by
submitting a written request to the
FLRA’s Solicitor or IG, as appropriate,
following the procedures in § 2412.5.
Your request should identify each
particular record in question, state the
amendment or correction that you want,
and state why you believe that the
record is not accurate, relevant, timely,
or complete. Please note that a requester
bears the burden of proving by the
preponderance of the evidence that
information is not accurate, relevant,
timely, or complete. You may submit
any documentation that you think
would be helpful. If you believe that the
same record is in more than one system
of records, your request should state
that.
(b) The following records are not
subject to amendment or correction:
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(1) Transcripts of testimony given
under oath or written statements made
under oath;
(2) Transcripts of grand jury
proceedings, judicial proceedings, or
quasi-judicial proceedings, which are
the official record of those proceedings;
(3) Records in systems of records that
have been exempted from amendment
and correction under the Privacy Act, 5
U.S.C. 552a(j) or (k), by notice published
in the Federal Register; and
(4) Records compiled in reasonable
anticipation of a civil action or
proceeding.
§ 2412.10 Initial decision on amendment or
correction.
(a) Within ten (10) working days after
receiving your request for amendment
or correction, the FLRA’s Solicitor or IG,
as appropriate, will acknowledge receipt
of the request and, under normal
circumstances, the Solicitor or IG will
notify you, by mail or other appropriate
means, of the decision regarding the
request not later than thirty (30)
working days after receiving of the
request.
(b) The notice of decision will
include:
(1) A statement of whether the
Solicitor or IG has granted or denied
your request, in whole or in part;
(2) A quotation or description of any
amendment or correction made to any
records; and
(3) When a request is denied in whole
or in part, an explanation of the reason
for that denial and of your right to
appeal the decision to the Chairman of
the Authority, pursuant to § 2412.12.
§ 2412.11 Amendment or correction of
previously disclosed records.
When a record is amended or
corrected pursuant to § 2412.10, or a
written statement of disagreement filed,
pursuant to § 2412.12, the FLRA’s
Solicitor or IG, as appropriate, will give
notice of that correction, amendment, or
written statement of disagreement to all
persons to whom such records or copies
have been disclosed, as recorded in the
accounting kept pursuant to § 2412.8.
§ 2412.12 Agency review of refusal to
inform, to provide access to, or to amend
or correct records.
(a) If your request for information
regarding whether a system of records
contains information about you or an
individual for whom you are a parent or
guardian, or your request for access to,
or amendment or correction of, records
of the Authority, the General Counsel,
the IG, or the Panel, or an accounting of
disclosure from such records, has been
denied in whole or in part by an initial
decision, you may, within thirty (30)
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Frm 00005
Fmt 4702
Sfmt 4702
working days after your receipt of notice
of the initial decision, appeal that
decision by filing a written request by
mail to the Chairman of the Authority
at the Authority’s offices in Washington,
DC, or by email to privacy@flra.gov.
(b) The appeal must describe:
(1) The request you initially made for
information regarding, access to, or the
amendment or correction of, records;
(2) The initial decision of the FLRA’s
Solicitor or IG on the request; and
(3) The reasons why that initial
decision should be modified by the
Chairman of the Authority.
(c) Not later than thirty (30) working
days after receipt of a request for review
(unless such period is extended by the
Chairman of the Authority or the
Chairman’s designee for good cause
shown), the Chairman of the Authority
or the Chairman’s designee will notify
you of their decision on your request. If
the Chairman of the Authority or the
Chairman’s designee upholds the initial
decision not to inform the individual of
whether requested records exist, or not
to provide access to requested records or
accountings, or not to amend or correct
the records as requested, then the
Chairman of the Authority or the
Chairman’s designee will notify you of
your right:
(1) To judicial review of the Chairman
of the Authority or the Chairman’s
designee’s decision pursuant to 5 U.S.C.
552a(g)(1); and
(2) To file with the FLRA’s Solicitor
or IG, as appropriate, a concise written
statement of disagreement with the
determination. That written statement of
disagreement will be made a part of the
record and will accompany that record
in any use or disclosure of the record.
§ 2412.13
Fees.
(a) Your Privacy Act request for access
to records will be considered an
agreement to pay all applicable fees
charged under paragraph (b) of this
section, up to $25.00. When making a
request, you may specify a willingness
to pay a greater or lesser amount.
(b) There will be a charge of twentyfive cents per page for paper-copy
duplication of records disclosed under
this part. For copies of records produced
on tapes, disks, or other media, the
Solicitor or IG will charge the actual
cost of production, including operator
time.
(c) The FLRA’s Solicitor or IG may
waive or reduce any charges under this
section whenever it is in the public
interest to do so.
§ 2412.14
Penalties.
Any person who knowingly and
willfully requests or obtains any record
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Federal Register / Vol. 88, No. 195 / Wednesday, October 11, 2023 / Proposed Rules
concerning an individual from the
Authority, the General Counsel, the IG,
or the Panel under false pretenses will
be subject to criminal prosecution under
5 U.S.C. 552a(i)(3), which provides that
such person shall be guilty of a
misdemeanor and fined not more than
$5,000.
§ 2412.15
Exemptions.
(a) Files of FLRA’s Office of Inspector
General (OIG) compiled for the purpose
of a criminal investigation and for
related purposes. Pursuant to 5 U.S.C.
552a(j)(2), the FLRA hereby exempts the
system of records entitled ‘‘FLRA/OIG–
1, Office of Inspector General
Investigative Files,’’ insofar as it
consists of information compiled for the
purposes of a criminal investigation or
for other purposes within the scope of
5 U.S.C. 552a(j)(2), from the application
of 5 U.S.C. 552a, except for 5 U.S.C.
552a(b), (c)(1) and (2), (e)(4)(A) through
(F), (e)(6), (7), (9), (10), (11) and (i).
(b) OIG files compiled for other law
enforcement purposes. Pursuant to 5
U.S.C. 552a(k)(2), the FLRA hereby
exempts the system of records entitled
‘‘FLRA/OIG–1, Office of Inspector
General Investigative Files,’’ insofar as it
consists of information compiled for law
enforcement purposes other than
material within the scope of 5 U.S.C.
552a(j)(2), from the application of 5
U.S.C. 552a, (c)(3), (d), (e)(1), (e)(4)(G),
(H), and (I), and (f).
Dated: October 4, 2023.
Thomas Tso,
Solicitor.
[FR Doc. 2023–22439 Filed 10–10–23; 8:45 am]
BILLING CODE 7627–01–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 51
[Doc. No. AMS–SC–21–0039]
U.S. Grade Standards for Pecans in the
Shell and Shelled Pecans
Agricultural Marketing Service,
Department of Agriculture (USDA).
ACTION: Proposed rule.
AGENCY:
The Agricultural Marketing
Service (AMS) is proposing to revise the
U.S. Standards for Grades of Pecans in
the Shell and the U.S. Standards for
Grades of Shelled Pecans by replacing
the current grades with U.S. Extra
Fancy, U.S. Fancy, U.S. Choice, and
U.S. Standard grades. The proposal also
includes updating terminology,
definitions, and defect scoring guides.
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SUMMARY:
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17:33 Oct 10, 2023
Jkt 262001
Comments must be submitted on
or before December 11, 2023.
ADDRESSES: Interested persons are
invited to submit comments to the
Standardization Branch, Specialty Crops
Inspection Division, Specialty Crops
Program, Agricultural Marketing
Service, U.S. Department of Agriculture,
National Training and Development
Center; 100 Riverside Parkway, Suite
101; Fredericksburg, Virginia 22406; fax:
(540) 361–1199, or via the internet at:
https://www.regulations.gov. Comments
should reference the date and page
numbers of this issue of the Federal
Register. All comments submitted in
response to this proposed rule will
become a part of the public record and
be made available to the public
including any personal information
provided at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Olivia L. Banks at the address above, or
by phone (540) 361–1120; fax (540) 361–
1199; or email SCIStandards@usda.gov.
Copies of the proposed U.S. Standards
for Grades of Pecans in the Shell and
U.S. Standards for Grades of Shelled
Pecans are available on the internet at
https://www.regulations.gov. Copies of
the current U.S. Standards for Grades of
Pecans in the Shell and U.S. Standards
of Grades of Shelled Pecans are
available at https://www.ams.usda.gov/
grades-standards/nuts.
SUPPLEMENTARY INFORMATION: This
proposed action, pursuant to 5 U.S.C.
553, would amend regulations at 7 CFR
part 51 issued under the Agricultural
Marketing Act of 1946 (7 U.S.C. 1621–
1627), as amended. These revisions do
not affect the Federal marketing order,
7 CFR part 986, (Marketing Order 986)
issued under the Agricultural Marketing
Agreement Act of 1937 (7 U.S.C. 601–
674) or applicable imports.
DATES:
Executive Orders 12866, 13563, and
14094
The Department of Agriculture
(USDA) is issuing this proposed rule in
conformance with Executive Orders
12866, 13563, and 14094. Executive
Orders 12866 and 13563 direct agencies
to assess all costs and benefits of
available regulatory alternatives and, if
regulation is necessary, to select
regulatory approaches that maximize
net benefits (including potential
economic, environmental, public health
and safety effects, distributive impacts,
and equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits,
reducing costs, harmonizing rules, and
promoting flexibility. Executive Order
14094 reaffirms, supplements, and
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Frm 00006
Fmt 4702
Sfmt 4702
70379
updates Executive Order 12866 and
further directs agencies to solicit and
consider input from a wide range of
affected and interested parties through a
variety of means. This proposed action
falls within a category of regulatory
actions that the Office of Management
and Budget (OMB) has exempted from
review under Executive Order 12866.
Executive Order 13175
This proposed rule has been reviewed
under Executive Order 13175—
Consultation and Coordination with
Indian Tribal Governments, which
requires agencies to consider whether
their rulemaking actions would have
tribal implications.
AMS has determined that this
proposed rule is unlikely to have
substantial direct effects on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
Executive Order 12988
This proposed rule has been reviewed
under Executive Order 12988—Civil
Justice Reform. This proposed action is
not intended to have retroactive effect.
There are no administrative procedures
that must be exhausted prior to any
judicial challenge to the provisions of
this rule.
Background
AMS continually reviews fruit and
vegetable grade standards to ensure
their usefulness to the industry and to
modernize language.
On June 12, 2020, the American Pecan
Council (APC) petitioned AMS to revise
the U.S. Standards for Grades of Pecans
in the Shell and the U.S. Standards for
Grades of Shelled Pecans (standards).
The APC was established by, and is
regulated under, the Federal marketing
order for the pecan industry, Marketing
Order 986, and represents all 15 major
U.S. pecan-growing states.
The APC noted that the pecan
standards have not been substantially
updated since 1969 and the terminology
of the standards no longer reflects
current industry descriptions and
practices. The National Pecan Shellers
Association (NPSA) directed the
initiative to update the standards for the
APC. The APC voted unanimously to
submit their proposed revisions to the
USDA. AMS and the APC have since
collaborated to refine the proposed
revisions.
The changes to the standards would
replace current grades with new ones,
revise scoring guides for defects, create
new sizes, and revise definitions. The
E:\FR\FM\11OCP1.SGM
11OCP1
]]>Agencies
[Federal Register Volume 88, Number 195 (Wednesday, October 11, 2023)]
[Proposed Rules]
[Pages 70374-70379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22439]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 88, No. 195 / Wednesday, October 11, 2023 /
Proposed Rules
[[Page 70374]]
FEDERAL LABOR RELATIONS AUTHORITY
5 CFR Part 2412
Privacy
AGENCY: Federal Labor Relations Authority.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This rulemaking proposes revisions to the regulations that the
Federal Labor Relations Authority (FLRA) follows in processing records
under the Privacy Act. The FLRA is revising these regulations to update
procedures for requesting information from the FLRA and procedures that
the FLRA follows in responding to requests from the public, in order to
reflect changes in the law and the FLRA's organization since the
regulations were last updated.
DATES: Written comments must be received on or before November 13,
2023.
ADDRESSES: You may send comments, which must include the caption
``Privacy Act Regulations,'' by one of the following methods:
Email: [email protected]. Include ``Privacy Act Regulations'' in the
subject line of the message.
Mail: Thomas Tso, Senior Agency Official for Privacy, Federal Labor
Relations Authority, 1400 K Street NW, Washington, DC 20424-0001.
Instructions: Do not mail written comments if they have been
submitted via email. Interested persons who mail written comments must
submit an original and 4 copies of each written comment, with any
enclosures, on 8\1/2\ x 11 inch paper. Do not deliver comments by hand.
FOR FURTHER INFORMATION CONTACT: If you have any questions, please
contact Thomas Tso, Solicitor, Senior Agency Official for Privacy, at
(771) 444-5779.
SUPPLEMENTARY INFORMATION: The proposed revisions to the FLRA's Privacy
Act (5 U.S.C. 552a) regulations update these regulations to account for
issues that have arisen since the regulations were last updated. For
example, these changes are proposed to reflect modifications that
clarify the FLRA's obligations under the Act and align with the
authority vested in the FLRA's Office of the Solicitor to process
Privacy Act requests. Modifications include the addition of language to
reflect the amendment of the Privacy Act by the Debt Collection Act of
1982 (which stated the circumstances under which Federal agencies could
disclose individual records to consumer reporting agencies). By
consolidating responsibility with the Solicitor, the designated Senior
Agency Official for Privacy, the proposed regulations ensure compliance
with the Senior Agency Official for Privacy's oversight requirements in
OMB M-16-24, ``Role and Designation of Senior Agency Officials for
Privacy'' in accordance with E.O. 13719, Establishment of the Federal
Privacy Council.'' [81 FR 7685, February 12, 2016]. The proposed
regulations also ensure the independence of the FLRA's Office of the
Inspector General (OIG or IG) by assigning all responsibilities to the
IG for deciding Privacy Act requests for records held by the IG. In
addition to some minor non-substantive changes to correct typographical
errors, small stylistic adjustments for clarification, and streamlined
language of some procedural provisions, the FLRA is proposing the
following changes:
Section 2412.1 is revised to clarify that these
regulations are coordinated with regulations under the Freedom of
Information Act (FOIA) and these regulations do not concern personnel
records of FLRA employees.
Section 2412.2 is revised to add definitions for four
terms used in the regulations: request for access, request for
amendment or correction, request for an accounting, and requester.
Section 2412.4 is revised to streamline the procedure for
existence-of-records requests by directing all requests to the FLRA's
Solicitor, or the IG, as appropriate, and to include procedures for
verifying identity and filing an existence-of-records request as a
parent or guardian of an individual.
Section 2412.5 is revised to streamline the procedure for
individual access requests by directing all requests to the FLRA's
Solicitor, or the IG, as appropriate, and to include procedures for
verifying identity and for filing an individual access request as a
parent or guardian of an individual.
Section 2412.6 is removed and redesignated as Sec. 2412.7
and is revised to streamline the procedure for responding to access
requests by providing that the FLRA's Solicitor, or the IG, as
appropriate will issue all initial decisions on access requests.
Revisions also clarify that records will not be provided if they have
been compiled in reasonable anticipation of civil or criminal action or
other proceedings.
Section 2412.7 is removed and integrated into newly
redesignated Sec. 2412.6 in order to consolidate all request
provisions.
Section 2412.8 is removed and redesignated as Sec. 2412.6
and is revised to contain the limitations on disclosure and to
streamline the process for responding to third-party requests for
records by directing all such requests to the FLRA's Solicitor or the
IG. The revision also adds language to reflect the amendment of the
Privacy Act by the Debt Collection Act of 1982, which stated the
circumstances under which Federal agencies could disclose individual
records to consumer reporting agencies.
Section 2412.9 is removed and redesignated as Sec. 2412.8
and is revised to include a procedure for requesting accountings of
record disclosures, for the FLRA's Solicitor or IG to respond to such
requests, and for an individual to appeal the Solicitor or IG's
decision. Revisions also identify certain types of records that are not
subject to accounting or disclosure of an accounting.
Section 2412.10 is removed and redesignated as Sec.
2412.9 and is revised to streamline the procedure for requesting
amendment or correction of records by directing all such requests to
the FLRA's Solicitor or the IG and to list certain types of records
that are not subject to amendment or correction.
Section 2412.11 is removed and redesignated as Sec.
2412.10 and is revised to streamline the procedure for responding to
requests for correction or amendment by providing that the FLRA's
Solicitor or IG will issue all initial decisions on access requests.
Section 2412.12 is removed and redesignated as Sec.
2412.11 and is revised to streamline the procedure for
[[Page 70375]]
correction or amendment of previously disclosed records by providing
that the FLRA's Solicitor or IG will give notice of correction or
amendment, or notice of a written statement of disagreement, to all
persons to whom such records or copies have been disclosed.
Section 2412.13 is removed and redesignated as Sec.
2412.12 and is revised to streamline the procedure for an individual to
appeal the initial decision of the FLRA's Solicitor or IG on a request
for information regarding, or access to, a system of records, for
amendment or correction of records, or for an accounting of disclosure
from records by providing that the individual may submit the appeal by
mail or by email to [email protected].
Section 2412.14 is removed and redesignated as Sec.
2412.13 and is revised to provide that an individual's Privacy Act
request for access to records will be considered an agreement to pay
all applicable fees charged under paragraph (b) of this section, up to
$25.00, unless the request specifies otherwise. It is further amended
to provide that the cost for paper-copy duplication of records is
twenty-five (25) cents per page, consistent with the duplication fees
charged by the FLRA under its FOIA regulations.
Section 2412.15 is removed and redesignated as Sec.
2412.14.
Section 2412.16 is removed and redesignated as Sec.
2412.15.
This proposed rule is internal and procedural rather than
substantive. It does not create a right to obtain FLRA records, nor
does it create any additional right or privilege not already available
to the public under the Privacy Act.
Regulatory Flexibility Act Certification
Pursuant to section 605(b) of the Regulatory Flexibility Act, 5
U.S.C. 605(b), the FLRA has determined that this regulation, as
amended, will not have a significant impact on a substantial number of
small entities. The Privacy Act primarily affects individuals and not
entities and the proposed rule would impose no duties or obligations on
small entities.
Unfunded Mandates Reform Act of 1995
This proposed rule change will not result in the expenditure by
state, local, and tribal governments, in the aggregate, or by the
private sector, of $100,000,000 or more in any one year, and it will
not significantly or uniquely affect small governments. Therefore, no
actions were deemed necessary under the provisions of the Unfunded
Mandates Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This action is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C.
804. This proposed rule will not result in an annual effect on the
economy of $100,000,000 or more; a major increase in costs or prices;
or significant adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
companies to compete with foreign-based companies in domestic and
export markets.
Paperwork Reduction Act of 1995
The amended regulations contain no additional information
collection or record-keeping requirements under the Paperwork Reduction
Act of 1995, 44 U.S.C. 3501, et seq.
List of Subjects in 5 CFR Part 2412
Privacy Act.
For the reasons stated in the preamble, the Authority proposes to
revise 5 CFR part 2412 to read as follows:
PART 2412--PRIVACY
Sec.
2412.1 Purpose and scope.
2412.2 Definitions.
2412.3 Notice and publication.
2412.4 Existence-of-records requests.
2412.5 Individual access requests.
2412.6 Records about other individuals, medical records, and
limitations on disclosures.
2412.7 Initial decision on access requests.
2412.8 Accountings of disclosures and requests for accountings.
2412.9 Requests for amendment or correction of records.
2412.10 Initial decision on amendment or correction.
2412.11 Amendment or correction of previously disclosed records.
2412.12 Agency review of refusal to inform, to provide access to, or
to amend or correct records.
2412.13 Fees.
2412.14 Penalties.
2412.15 Exemptions.
Authority: 5 U.S.C. 552a.
Sec. 2412.1 Purpose and scope.
This part contains the regulations that the Federal Labor Relations
Authority (FLRA), including the Authority component (Authority), the
General Counsel of the FLRA (General Counsel), the Inspector General
(IG), and the Federal Service Impasses Panel (Panel), follow under the
Privacy Act of 1974, as amended, 5 U.S.C. 552a. These regulations
should be read together with the Privacy Act, which provides additional
information about records maintained on individuals. The regulations
apply to all records maintained by the Authority, the General Counsel,
the IG, and the Panel that are contained in a system of records, as
defined at Sec. 2412.2(d), and that are retrieved by an individual's
name or personal identifier. They describe the procedures by which
individuals may request access to records about themselves, request
amendment or correction of those records, and request an accounting of
disclosures of those records. In addition, the regulations limit the
access of other persons to those records. The Authority, the General
Counsel, the IG, and the Panel also process all Privacy Act requests
for access to records under the Freedom of Information Act, 5 U.S.C.
552, giving requesters the benefit of both statutes. These regulations
do not relate to those personnel records of Federal Government
employees, which are under the Office of Personnel Management's (OPM)
jurisdiction, to the extent such records are subject to OPM
regulations.
Sec. 2412.2 Definitions.
For the purposes of this part--
Individual means a citizen of the United States or an alien
lawfully admitted for permanent residence.
Maintain includes maintain, collect, use, or disseminate.
Record means any item, collection, or grouping of information about
an individual that is maintained by the Authority, the General Counsel,
the IG, or the Panel including, but not limited to, information
regarding the individual's education, financial transactions, medical
history, and criminal or employment history, that contains the
individual's name, or the identifying number, symbol, or other
identifying particular assigned to the individual, such as a finger or
voice print or a photograph.
Request for access to a record means a request made under the
Privacy Act, 5 U.S.C. 552a(d)(1).
Request for amendment or correction of a record means a request
made under the Privacy Act, 5 U.S.C. 552a(d)(2).
Request for an accounting means a request made under the Privacy
Act, 5 U.S.C. 552a(c)(3).
Requester means an individual who makes an existence-of-records
request, a request for access, a request for amendment or correction,
or a request for an accounting under the Privacy Act.
System of records means a group of any records under the control of
the Authority, the General Counsel, the IG, or the Panel from which
information is
[[Page 70376]]
retrieved by the name of the individual or by some identifying
particular assigned to the individual.
Routine use means, with respect to the disclosure of a record, the
use of such record for a purpose which is compatible with the purpose
for which it was collected.
Sec. 2412.3 Notice and publication.
The Authority, the General Counsel, the IG, and the Panel will
publish in the Federal Register such notices describing systems of
records as are required by law.
Sec. 2412.4 Existence-of-records requests.
(a) If you want to know whether a system of records maintained by
the Authority, the General Counsel, the IG, or the Panel contains a
record pertaining to you, you may submit a written existence-of-records
request by mail to the FLRA's Solicitor or IG, as appropriate, at the
Authority's offices in Washington, DC, or by email to [email protected].
(b) You should clearly and prominently identify your request as a
Privacy Act request. If you submit the request by mail, it should bear
the mark ``Privacy Act Request'' on the envelope or other cover, as
well as your return address. If you submit the request by email, the
subject line of the email should include the phrase ``Privacy Act
Request.'' If you do not comply with the provisions of this paragraph,
your request will not be deemed received until the time it is actually
received by the FLRA's Solicitor or IG.
(c) An existence-of-records request must include your name and
address and must reasonably describe the system of records in question.
Whenever possible, the request should also describe the time periods in
which you believe the records were compiled and the name or identifying
number of each system of records in which you believe the records are
kept. The Authority, the General Counsel, the IG, and the Panel have
published descriptions of the systems of records they maintain in the
Federal Register.
(d) When you make an existence-of-records request regarding records
about yourself, you must verify your identity. You must state your full
name, current address, and date and place of birth. You must sign your
request and your signature must either be notarized or submitted by you
under 28 U.S.C. 1746, a law that permits statements to be made under
penalty of perjury as a substitute for notarization. In order to help
the identification and location of requested records, you may also, at
your option, include your social security number.
(e) When making an existence-of-records request as the parent or
guardian of a minor or as the guardian of someone determined by a court
to be incompetent, you must establish:
(1) The identity of the individual who is the subject of the
record, by stating the name, current address, date and place of birth,
and, at your option, the social security number of the individual;
(2) Your own identity, following the requirements of paragraph (d)
of this section;
(3) That you are the parent or guardian of that individual, which
you may prove by providing a copy of the individual's birth certificate
showing your parentage or by providing a court order establishing your
guardianship; and
(4) That you are acting on behalf of that individual in making the
request.
(f) The Solicitor or IG, as appropriate, will advise you in writing
within ten (10) working days from receipt of your request whether the
system of records you identified contains a record pertaining to you or
to the individual for whom you are a parent or guardian and, if so, the
office in which that record is located. If the Solicitor or IG is
prohibited from, or there is otherwise an exemption that prevents,
disclosing whether a system of records contains a record pertaining to
you or to the individual for whom you are a parent or guardian, you
will be notified in writing of the reasons of that determination, and
of your right to appeal that determination under the provisions Sec.
2412.12.
Sec. 2412.5 Individual access requests.
(a) You may make a request for access to a record about yourself
that is contained in a system of records maintained by the Authority,
the General Counsel, the IG, or the Panel by submitting a written
request reasonably identifying the records sought to be inspected or
copied by mail to the FLRA's Solicitor or the IG at the Authority's
offices in Washington, DC, or by email to [email protected]. You must
describe the records that you want in enough detail to enable
Authority, General Counsel, IG, or Panel personnel to locate the system
of records containing them with a reasonable amount of effort. Whenever
possible, your request should describe the time periods in which you
believe the records were compiled and the name or identifying number of
each system of records in which you believe the records are kept. The
Authority, the General Counsel, the IG, and the Panel have published
descriptions of the systems of records they maintain in the Federal
Register.
(b) Your written request should be clearly and prominently
identified as a Privacy Act request. If you submit the request by mail,
it should bear the mark ``Privacy Act Request'' on the envelope or
other cover, as well as your return address. If you submit the request
by email, the subject line of the email should include the phrase
``Privacy Act Request.'' If your request does not comply with the
provisions of this paragraph, it will not be deemed received until the
time it is actually received by the FLRA's Solicitor or IG.
(c) If you desire, you may be accompanied by another person during
your review of the records. If you desire to be accompanied by another
person during the inspection, you must notify the Solicitor or IG at
least twenty-four hours in advance of the agreed-upon inspection date.
Additionally, you must sign a statement and provide it to the
representative of the Authority, the General Counsel, the IG, or the
Panel, as appropriate, at the time of the inspection, authorizing that
person to accompany you. The agency may require a written statement
from you authorizing discussion of your record in the accompanying
person's presence.
(d) When you make a request for access to records about yourself,
you must verify your identity. You must state your full name, current
address, and date and place of birth. You must sign your request and
your signature must either be notarized or submitted by you under 28
U.S.C. 1746, a law that permits statements to be made under penalty of
perjury as a substitute for notarization. In order to help the
identification and location of requested records, you may also, at your
option, include your social security number.
(e) When making a request as the parent or guardian of a minor or
as the guardian of someone determined by a court to be incompetent, for
access to records about that individual, you must establish:
(1) The identity of the individual who is the subject of the
record, by stating the name, current address, date and place of birth,
and, at your option, the social security number of the individual;
(2) Your own identity, following the requirements of paragraph (d)
of this section;
(3) That you are the parent or guardian of that individual, which
you may prove by providing a copy of the individual's birth certificate
showing your parentage or by providing a court
[[Page 70377]]
order establishing your guardianship; and
(4) That you are acting on behalf of that individual in making the
request.
Sec. 2412.6 Records about other individuals, medical records, and
limitations on disclosures.
(a) Requests for records about an individual made by person other
than that individual shall also be directed to the FLRA's Solicitor or
IG, as appropriate, at the Authority's offices in Washington, DC, or by
email to [email protected]. You must describe the records that you want
in enough detail to enable Authority, General Counsel, IG, or Panel
personnel to locate the system of records containing them with a
reasonable amount of effort. Whenever possible, your request should
describe the time periods in which you believe the records were
compiled and the name or identifying number of each system of records
in which you believe the records are kept. The Authority, the General
Counsel, the IG, and the Panel have published descriptions of the
systems of records they maintain in the Federal Register.
(b) Such records shall only be made available to persons other than
that individual in the following circumstances:
(1) To any person with the prior written consent of the individual
about whom the records are maintained;
(2) To officers and employees of the Authority, the General
Counsel, the IG, and the Panel who have a need for the records in the
performance of their official duties;
(3) For a routine use compatible with the purpose for which it was
collected, as defined in 5 U.S.C. 552a(a)(7) and as described under 5
U.S.C. 552a(e)(4)(D);
(4) To any person to whom disclosure is required by the Freedom of
Information Act, as amended, 5 U.S.C. 552;
(5) To the Bureau of the Census for purposes of planning or
carrying out a census or survey or related activity pursuant to title
13 of the United States Code;
(6) In a form not individually identifiable to a recipient who has
provided the Solicitor or IG with advance adequate written assurance
that the record will be used solely as a statistical research or
reporting record;
(7) To the National Archives and Records Administration or other
appropriate entity as a record which has sufficient historical or other
value warranting its preservation, or for evaluation by the Archivist
of the United States or the designee of such official to determine
whether the record has such value;
(8) To another agency or to an instrumentality of any governmental
jurisdiction within or under control of the United States for a civil
or criminal law enforcement activity that is authorized by law if the
head of the agency or instrumentality has made a written request for
the record to the Solicitor or IG, in accordance with part 2417 of this
chapter, specifying the particular portion desired and the law
enforcement activity for which the record is sought;
(9) To a person pursuant to a showing of compelling circumstances
affecting the health or safety of an individual, provided that
notification of such a disclosure shall be immediately mailed to the
last known address of the individual;
(10) To either House of Congress or to any committee thereof with
appropriate jurisdiction;
(11) To the Comptroller General, or any of Comptroller General's
authorized representatives, in the performance of the official duties
of the General Accountability Office;
(12) Pursuant to the order of a court of competent jurisdiction; or
(13) To a consumer reporting agency in accordance with 31 U.S.C.
3711(e).
(c) The request shall be in writing and should be clearly and
prominently identified as a Privacy Act request and, if submitted by
mail or otherwise submitted in an envelope or other cover, should bear
the mark ``Privacy Act Request'' on the envelope or other cover. If a
request does not comply with the provisions of this paragraph, it shall
not be deemed received until the time it is actually received by the
Solicitor or the IG.
(d) If medical records are requested for inspection which, in the
opinion of the Solicitor or the IG, as appropriate, may be harmful to
the requester if personally inspected by such person, such records will
be furnished only to a licensed physician designated to receive such
records by the requester. Prior to such disclosure, the requester must
furnish a signed written authorization to make such disclosure and the
physician must furnish a written request for the physician's receipt of
such records to the Solicitor or the IG, as appropriate.
(1) If such authorization is not executed within the presence of an
Authority, General Counsel, or Panel representative, the authorization
must be accompanied by a notarized statement verifying the
identification of the requester.
(2) [Reserved]
Sec. 2412.7 Initial decision on access requests.
(a) Within ten (10) working days of the receipt of a request
pursuant to Sec. 2412.5, the FLRA's Solicitor or IG will make an
initial decision regarding whether the requested records exist and
whether they will be made available to the requester. The Solicitor or
IG will promptly communicate that initial decision to you in writing or
other appropriate form.
(b) When the initial decision is to provide access to the requested
records, the writing or other appropriate communication notifying you
of the decision will:
(1) Briefly describe the records to be made available;
(2) State whether any records maintained about you in the system of
records in question are not being made available;
(3) State whether any further verification of your identity is
necessary; and
(4) Notify you of any fee charged under Sec. 2412.13.
(5) The Solicitor or IG will promptly disclose the requested
records to you upon payment of any applicable fee under Sec. 2412.13.
(c) When the initial decision is not to provide access to requested
records and accountings, the Solicitor or IG will, by writing or other
appropriate communication, explain the reason for that decision. The
Solicitor or IG will only refuse to provide you access when:
(1) Your verification of identity is inadequate under Sec.
2412.5(d);
(2) No such records are maintained or an exemption applies;
(3) Your information is contained in, and inseparable from, another
individual's record;
(4) The requested records have been compiled in reasonable
anticipation of civil or criminal action or other proceedings.
Sec. 2412.8 Accountings of disclosures and requests for accountings.
(a) The FLRA's Solicitor or IG, as appropriate, will maintain a
record (``accounting'') of every instance in which records about an
individual are made available, pursuant to this part, to any person
other than:
(1) Officers or employees of the Authority, the General Counsel,
the IG, or the Panel in the performance of their duties; or
(2) Any person pursuant to the Freedom of Information Act, as
amended, 5 U.S.C. 552.
(b) The accounting which shall be retained for at least five (5)
years or the life of the record, whichever is longer, shall contain the
following information:
[[Page 70378]]
(1) A brief description of records disclosed;
(2) The date, nature and, where known, the purpose of the
disclosure; and
(3) The name and address of the person or agency to whom the
disclosure is made.
(c) Except when accountings of disclosures are not required to be
kept (as stated in paragraph (a) of this section) or are withheld
accounting of disclosures that were made pursuant to 5 U.S.C.
552a(b)(7), you may make a request for an accounting of any disclosure
that has been made by the Solicitor or IG, to another person,
organization, or agency of any record about you. This accounting
contains the date, nature, and purpose of each disclosure, as well as
the name and address of the person, organization, or agency to which
the disclosure was made. Your request for an accounting should identify
each particular record in question and should be made by writing to the
FLRA's Solicitor or IG, as appropriate, following the procedures in
Sec. 2412.5.
(d) The FLRA's Solicitor or IG, as appropriate, will respond to
your request for access to an accounting following the procedures in
Sec. 2412.7. You may appeal the Solicitor or IG's decision on your
request under the procedures in Sec. 2412.12.
Sec. 2412.9 Requests for amendment or correction of records.
(a) Unless the record is not subject to amendment or correction as
stated in paragraph (b) of this section, you may make a request for
amendment or correction of an Authority, General Counsel, IG, or Panel
record about yourself or about an individual for whom you are a parent
or guardian by submitting a written request to the FLRA's Solicitor or
IG, as appropriate, following the procedures in Sec. 2412.5. Your
request should identify each particular record in question, state the
amendment or correction that you want, and state why you believe that
the record is not accurate, relevant, timely, or complete. Please note
that a requester bears the burden of proving by the preponderance of
the evidence that information is not accurate, relevant, timely, or
complete. You may submit any documentation that you think would be
helpful. If you believe that the same record is in more than one system
of records, your request should state that.
(b) The following records are not subject to amendment or
correction:
(1) Transcripts of testimony given under oath or written statements
made under oath;
(2) Transcripts of grand jury proceedings, judicial proceedings, or
quasi-judicial proceedings, which are the official record of those
proceedings;
(3) Records in systems of records that have been exempted from
amendment and correction under the Privacy Act, 5 U.S.C. 552a(j) or
(k), by notice published in the Federal Register; and
(4) Records compiled in reasonable anticipation of a civil action
or proceeding.
Sec. 2412.10 Initial decision on amendment or correction.
(a) Within ten (10) working days after receiving your request for
amendment or correction, the FLRA's Solicitor or IG, as appropriate,
will acknowledge receipt of the request and, under normal
circumstances, the Solicitor or IG will notify you, by mail or other
appropriate means, of the decision regarding the request not later than
thirty (30) working days after receiving of the request.
(b) The notice of decision will include:
(1) A statement of whether the Solicitor or IG has granted or
denied your request, in whole or in part;
(2) A quotation or description of any amendment or correction made
to any records; and
(3) When a request is denied in whole or in part, an explanation of
the reason for that denial and of your right to appeal the decision to
the Chairman of the Authority, pursuant to Sec. 2412.12.
Sec. 2412.11 Amendment or correction of previously disclosed
records.
When a record is amended or corrected pursuant to Sec. 2412.10, or
a written statement of disagreement filed, pursuant to Sec. 2412.12,
the FLRA's Solicitor or IG, as appropriate, will give notice of that
correction, amendment, or written statement of disagreement to all
persons to whom such records or copies have been disclosed, as recorded
in the accounting kept pursuant to Sec. 2412.8.
Sec. 2412.12 Agency review of refusal to inform, to provide access
to, or to amend or correct records.
(a) If your request for information regarding whether a system of
records contains information about you or an individual for whom you
are a parent or guardian, or your request for access to, or amendment
or correction of, records of the Authority, the General Counsel, the
IG, or the Panel, or an accounting of disclosure from such records, has
been denied in whole or in part by an initial decision, you may, within
thirty (30) working days after your receipt of notice of the initial
decision, appeal that decision by filing a written request by mail to
the Chairman of the Authority at the Authority's offices in Washington,
DC, or by email to [email protected].
(b) The appeal must describe:
(1) The request you initially made for information regarding,
access to, or the amendment or correction of, records;
(2) The initial decision of the FLRA's Solicitor or IG on the
request; and
(3) The reasons why that initial decision should be modified by the
Chairman of the Authority.
(c) Not later than thirty (30) working days after receipt of a
request for review (unless such period is extended by the Chairman of
the Authority or the Chairman's designee for good cause shown), the
Chairman of the Authority or the Chairman's designee will notify you of
their decision on your request. If the Chairman of the Authority or the
Chairman's designee upholds the initial decision not to inform the
individual of whether requested records exist, or not to provide access
to requested records or accountings, or not to amend or correct the
records as requested, then the Chairman of the Authority or the
Chairman's designee will notify you of your right:
(1) To judicial review of the Chairman of the Authority or the
Chairman's designee's decision pursuant to 5 U.S.C. 552a(g)(1); and
(2) To file with the FLRA's Solicitor or IG, as appropriate, a
concise written statement of disagreement with the determination. That
written statement of disagreement will be made a part of the record and
will accompany that record in any use or disclosure of the record.
Sec. 2412.13 Fees.
(a) Your Privacy Act request for access to records will be
considered an agreement to pay all applicable fees charged under
paragraph (b) of this section, up to $25.00. When making a request, you
may specify a willingness to pay a greater or lesser amount.
(b) There will be a charge of twenty-five cents per page for paper-
copy duplication of records disclosed under this part. For copies of
records produced on tapes, disks, or other media, the Solicitor or IG
will charge the actual cost of production, including operator time.
(c) The FLRA's Solicitor or IG may waive or reduce any charges
under this section whenever it is in the public interest to do so.
Sec. 2412.14 Penalties.
Any person who knowingly and willfully requests or obtains any
record
[[Page 70379]]
concerning an individual from the Authority, the General Counsel, the
IG, or the Panel under false pretenses will be subject to criminal
prosecution under 5 U.S.C. 552a(i)(3), which provides that such person
shall be guilty of a misdemeanor and fined not more than $5,000.
Sec. 2412.15 Exemptions.
(a) Files of FLRA's Office of Inspector General (OIG) compiled for
the purpose of a criminal investigation and for related purposes.
Pursuant to 5 U.S.C. 552a(j)(2), the FLRA hereby exempts the system of
records entitled ``FLRA/OIG-1, Office of Inspector General
Investigative Files,'' insofar as it consists of information compiled
for the purposes of a criminal investigation or for other purposes
within the scope of 5 U.S.C. 552a(j)(2), from the application of 5
U.S.C. 552a, except for 5 U.S.C. 552a(b), (c)(1) and (2), (e)(4)(A)
through (F), (e)(6), (7), (9), (10), (11) and (i).
(b) OIG files compiled for other law enforcement purposes. Pursuant
to 5 U.S.C. 552a(k)(2), the FLRA hereby exempts the system of records
entitled ``FLRA/OIG-1, Office of Inspector General Investigative
Files,'' insofar as it consists of information compiled for law
enforcement purposes other than material within the scope of 5 U.S.C.
552a(j)(2), from the application of 5 U.S.C. 552a, (c)(3), (d), (e)(1),
(e)(4)(G), (H), and (I), and (f).
Dated: October 4, 2023.
Thomas Tso,
Solicitor.
[FR Doc. 2023-22439 Filed 10-10-23; 8:45 am]
BILLING CODE 7627-01-P
