Privacy Act of 1974; System of Records, 24713-24714 [2024-07323]
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Federal Register / Vol. 89, No. 69 / Tuesday, April 9, 2024 / Rules and Regulations
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[FR Doc. 2024–06865 Filed 4–8–24; 8:45 am]
BILLING CODE 8011–01–P
NATIONAL LABOR RELATIONS
BOARD
29 CFR Part 102
Privacy Act of 1974; System of
Records
AGENCY:
National Labor Relations
Board.
ACTION:
Direct final rule.
The National Labor Relations
Board (‘‘NLRB’’ or ‘‘Agency’’), as part of
publishing a notice of a modified
Privacy Act system of records for the
NxGen system and the rescindment of
legacy systems of records, is removing
exemptions for eight of those legacy
systems of records from certain
provisions of the Privacy Act of 1974.
This rule is being published as a direct
final rule as the Agency does not expect
to receive any significant adverse
comments. If such comments are
received, this direct final rule will be
withdrawn and a proposed rule for
comments will be published.
DATES: This rule is effective June 10,
2024 without further action unless
significant adverse comments are
received by May 9, 2024. If such
comments are received, the NLRB will
publish a timely withdrawal of the rule
in the Federal Register.
ADDRESSES: All persons who desire to
submit written comments for
consideration by the Agency regarding
the rule shall mail them to the Agency’s
Senior Agency Official for Privacy,
National Labor Relations Board, 1015
Half Street SE, Third Floor, Washington,
DC 20570–0001, or submit them
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
15:44 Apr 08, 2024
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electronically to privacy@nlrb.gov.
Comments may also be submitted
electronically through https://
www.regulations.gov, which contains a
copy of this rule and any submitted
comments.
Fitz
Raymond, Associate Chief Information
Officer, Information Assurance,
National Labor Relations Board, 1015
Half Street SE, Third Floor, Washington,
DC 20570–0001, (202) 273–3733,
privacy@nlrb.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Background
The Privacy Act permits Federal
agencies to exempt eligible records in a
system of records from certain
provisions of the Act, including the
provisions providing individuals with a
right to request access to and
amendment of their own records and
accountings of disclosures of such
records. If an agency intends to exempt
a particular system of records, it must
first go through the rulemaking process
to provide public notice and an
opportunity to comment on the
proposed exemption.
Elsewhere in this issue of the Federal
Register, the Agency has announced a
modified system of records, Next
Generation Case Management System
(NxGen) (NLRB–33), and rescindment of
systems of records. Pursuant to
subsections (k) of the Privacy Act, and
for the reasons set forth below, the
Board is making technical changes
within 29 CFR 102.119 to remove
references to exemptions for seven
legacy systems that are being rescinded
related to NxGen:
1. Attorney Disciplinary Case Files
(Nonemployees) (NLRB–20);
2. Case Activity Tracking System
(CATS) and Associated Regional Office
Files (NLRB–25);
3. Regional Advice and Injunction
Litigation System (RAILS) and
Associated Headquarters Files (NLRB–
28);
4. Appeals Case Tracking System
(ACTS) and Associated Headquarters
Files (NLRB–30);
5. Judicial Case Management SystemsPending Case List (JCMS–PCL) and
Associated Headquarters Files (NLRB–
21);
6. Solicitor’s System (SOL) and
Associated Headquarters Files (NLRB–
23); and
7. Special Litigation Case Tracking
System (SPLIT) and Associated
Headquarters Files (NLRB–27).
Additionally, the Board is making
technical changes within 29 CFR
102.119 to remove references to one
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24713
system that is no longer operational and
which the Board will rescind as a
Privacy Act system of record in a
forthcoming notice: Freedom of
Information Act Tracking System (FTS)
and Associated Agency Files (NLRB–
32).
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.), the Agency has determined that
this rule would not impose new
recordkeeping, application, reporting, or
other types of information collection
requirements on the public.
II. Direct Final Rulemaking
This rule is being published as a
direct final rule as the Agency does not
expect to receive any significant adverse
comments. If such comments are
received, this direct final rule will be
withdrawn and a proposed rule for
comments will be published.
For purposes of this rule, a significant
adverse comment is one that explains
(1) why the rule is inappropriate,
including challenges to the rule’s
underlying premise or approach; or (2)
why the direct final rule will be
ineffective or unacceptable without a
change. In determining whether a
significant adverse comment
necessitates withdrawal of this direct
final rule, the Agency will consider
whether the comment raises an issue
serious enough to warrant a substantive
response had it been submitted in a
standard notice-and-comment process.
A comment recommending an addition
to the rule will not be considered
significant and adverse unless the
comment explains how this direct final
rule would be ineffective without the
addition.
An agency typically uses direct final
rulemaking when it anticipates the rule
will be non-controversial. The Agency
has determined that this rule is suitable
for direct final rulemaking. The rule
makes technical changes to 29 CFR
102.119 to remove references to
exemptions for seven legacy systems
replaced by NxGen (plus a system that
will be rescinded later, NLRB–32).
Related to NxGen, a notice of a modified
system of records and rescindment of
systems of records is also published in
this issue of the Federal Register.
Accordingly, pursuant to 5 U.S.C.
553(b), the Agency has for good cause
determined that the notice and
comment requirements are unnecessary.
List of Subjects in 29 CFR Part 102
Privacy, Reporting and recordkeeping
requirements.
For the reasons stated in the
preamble, the NLRB amends 29 CFR
part 102 as follows:
E:\FR\FM\09APR1.SGM
09APR1
24714
Federal Register / Vol. 89, No. 69 / Tuesday, April 9, 2024 / Rules and Regulations
PART 102—RULES AND
REGULATIONS, SERIES 8
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
1. The authority citation for part 102
continues to read as follows:
■
Authority: 29 U.S.C. 151, 156. Section
102.117 also issued under 5 U.S.C.
552(a)(4)(A), and § 102.119 also issued under
5 U.S.C. 552a(j) and (k). Sections 102.143
through 102.155 also issued under 5 U.S.C.
504(c)(1).
2. Amend § 102.119 by:
■ a. Removing and reserving paragraphs
(k) and (l);
■ b. Revising paragraph (m); and
■ c. Revising the second sentences of
paragraphs (n)(4) and (6).
The revisions read as follows:
■
§ 102.119 Privacy Act Regulations:
Notification as to whether a system of
records contains records pertaining to
requesting individuals; requests for access
to records, amendment of such records, or
accounting of disclosures; time limits for
response; appeal from denial of requests;
fees for document duplication; files and
records exempted from certain Privacy Act
requirements.
*
*
*
*
(m) Pursuant to 5 U.S.C. 552a(k)(2),
investigatory material compiled for law
enforcement purposes that is contained
in the Next Generation Case
Management System (NxGen) (NLRB–
33), are exempt from the provisions of
5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G),
(e)(4)(H), (e)(4)(I), and (f).
(n) * * *
(4) * * * Because certain information
from this system of records is exempt
from subsection (d) of the Act
concerning access to records, and
consequently, from subsection (f) of the
Act concerning Agency rules governing
access, these requirements are
inapplicable to that information.
*
*
*
*
*
(6) * * * Because certain information
from this system is exempt from
subsection (d) of the Act, the
requirements of subsection (f) of the Act
are inapplicable to that information.
*
*
*
*
*
ddrumheller on DSK120RN23PROD with RULES1
*
Dated: April 2, 2024, Washington, DC.
By direction of the Board.
Roxanne L. Rothschild,
Executive Secretary, National Labor Relations
Board.
[FR Doc. 2024–07323 Filed 4–8–24; 8:45 am]
BILLING CODE 7545–01–P
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15:44 Apr 08, 2024
Jkt 262001
30 CFR Parts 733 and 842
[Docket ID: OSM–2022–0009;
S1D1SSS08011000SX064A000245S180110;
S2D2S SS08011000SX064A0024XS501520]
RIN 1029–AC81
Ten-Day Notices and Corrective Action
for State Regulatory Program Issues
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Final rule.
AGENCY:
The Department of the
Interior is amending its regulations
related to the Office of Surface Mining
Reclamation and Enforcement’s
(OSMRE’s) notifications to a State
regulatory authority of a possible
violation of any requirement of the
Surface Mining Control and
Reclamation Act of 1977 (SMCRA). The
final rule also amends the Federal
regulations regarding corrective actions
for State regulatory program issues.
Together, the updates to these two areas
of the Federal regulations amend the
overall ‘‘ten-day notice’’ (TDN) process
and OSMRE’s oversight process.
DATES: This rule is effective May 9,
2024.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
William R. Winters, (865) 545–4103, ext.
170, bwinters@osmre.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
A. Primary Provisions of SMCRA
Supporting the Final Rule
B. Key Regulatory Provisions of the Final
Rule and Their Purposes
i. Information Used for ‘‘Reason To
Believe’’ Determinations
ii. Types of Possible Violations
iii. State Regulatory Authorities as ‘‘Any
Person’’ for TDN Purposes
iv. Definitions
v. Time Frames
a. State Regulatory Program Issues
b. Good Cause for Not Taking Action
vi. Contacting the State Regulatory
Authority Before OSMRE
vii. Citizen Justification for Possible
Violation
viii. Citizen Complaints as Requests for
Federal Inspections
ix. Action Plans as Appropriate Action
x. Similar Possible Violations
II. Summary of Changes From the Proposed
Rule
III. General Public Comments and Responses
A. Rule Basis and Justification
B. Burden Reduction and Duplication of
Work
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C. Consultation With States Before and
During This Rulemaking
D. State Primacy
E. ‘‘Any Person’’ Who Can Be in Violation
of SMCRA
F. Permit Defects
G. Procedural Determinations
H. Minor Text Changes and Conforming
Edits
IV. Section-by-Section Summaries of and
Responses to Public Comments
A. 30 CFR 842.5
B. 30 CFR 842.11(b)(1)(i)
C. 30 CFR 842.11(b)(1)(ii)
D. 30 CFR 842.11(b)(2)
E. 30 CFR 842.12(a)
F. 30 CFR 733.5
G. 30 CFR 733.12(a)
H. 30 CFR 733.12(b)
I. 30 CFR 733.12(b)(1) Through (4)
J. 30 CFR 733.12(c)
K. 30 CFR 733.12(d)
V. Severability of Provisions in This Final
Rule
VI. Procedural Matters and Required
Determinations
I. Background
In addition to the explanations in this
preamble, OSMRE directs the reader to
the preamble for the proposed rule, 88
FR 24944 (April 25, 2023), because the
Department is adopting the regulatory
provisions as proposed with one
exception.
A. Primary Provisions of SMCRA
Supporting the Final Rule
Under SMCRA, each State that wishes
to regulate surface coal mining and
reclamation operations on non-Federal
and non-Indian lands within its borders
can submit a proposed State regulatory
program to the Secretary of the Interior.
30 U.S.C. 1253(a). The Secretary, acting
through OSMRE, reviews and approves
or disapproves the proposed program.
30 U.S.C. 1211(c)(1), 1253(b). When the
Secretary approves a State program, the
State assumes exclusive jurisdiction or
‘‘primacy,’’ except as provided in
sections 521 and 523 and title IV of
SMCRA. 30 U.S.C. 1253(a), 1271, 1273,
and 1231–1244. Under the exception at
30 U.S.C. 1271(a)(1), in a primacy State
that has an approved State regulatory
program, OSMRE retains oversight of
the State program and some Federal
enforcement authority. In this regard,
SMCRA sometimes refers to a State
regulatory authority as having
‘‘primary’’ responsibility. See, e.g., 30
U.S.C. 1201(f) and 1291(26) (defining
‘‘State regulatory authority’’ to mean
‘‘the department or agency in each State
which has primary responsibility at the
State level for administering
[SMCRA]’’).
As explained in the preamble to the
proposed rule, two provisions of
SMCRA primarily govern OSMRE’s
E:\FR\FM\09APR1.SGM
09APR1
]]>Agencies
[Federal Register Volume 89, Number 69 (Tuesday, April 9, 2024)]
[Rules and Regulations]
[Pages 24713-24714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07323]
=======================================================================
-----------------------------------------------------------------------
NATIONAL LABOR RELATIONS BOARD
29 CFR Part 102
Privacy Act of 1974; System of Records
AGENCY: National Labor Relations Board.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The National Labor Relations Board (``NLRB'' or ``Agency''),
as part of publishing a notice of a modified Privacy Act system of
records for the NxGen system and the rescindment of legacy systems of
records, is removing exemptions for eight of those legacy systems of
records from certain provisions of the Privacy Act of 1974. This rule
is being published as a direct final rule as the Agency does not expect
to receive any significant adverse comments. If such comments are
received, this direct final rule will be withdrawn and a proposed rule
for comments will be published.
DATES: This rule is effective June 10, 2024 without further action
unless significant adverse comments are received by May 9, 2024. If
such comments are received, the NLRB will publish a timely withdrawal
of the rule in the Federal Register.
ADDRESSES: All persons who desire to submit written comments for
consideration by the Agency regarding the rule shall mail them to the
Agency's Senior Agency Official for Privacy, National Labor Relations
Board, 1015 Half Street SE, Third Floor, Washington, DC 20570-0001, or
submit them electronically to [email protected]. Comments may also be
submitted electronically through https://www.regulations.gov, which
contains a copy of this rule and any submitted comments.
FOR FURTHER INFORMATION CONTACT: Fitz Raymond, Associate Chief
Information Officer, Information Assurance, National Labor Relations
Board, 1015 Half Street SE, Third Floor, Washington, DC 20570-0001,
(202) 273-3733, [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The Privacy Act permits Federal agencies to exempt eligible records
in a system of records from certain provisions of the Act, including
the provisions providing individuals with a right to request access to
and amendment of their own records and accountings of disclosures of
such records. If an agency intends to exempt a particular system of
records, it must first go through the rulemaking process to provide
public notice and an opportunity to comment on the proposed exemption.
Elsewhere in this issue of the Federal Register, the Agency has
announced a modified system of records, Next Generation Case Management
System (NxGen) (NLRB-33), and rescindment of systems of records.
Pursuant to subsections (k) of the Privacy Act, and for the reasons set
forth below, the Board is making technical changes within 29 CFR
102.119 to remove references to exemptions for seven legacy systems
that are being rescinded related to NxGen:
1. Attorney Disciplinary Case Files (Nonemployees) (NLRB-20);
2. Case Activity Tracking System (CATS) and Associated Regional
Office Files (NLRB-25);
3. Regional Advice and Injunction Litigation System (RAILS) and
Associated Headquarters Files (NLRB-28);
4. Appeals Case Tracking System (ACTS) and Associated Headquarters
Files (NLRB-30);
5. Judicial Case Management Systems-Pending Case List (JCMS-PCL)
and Associated Headquarters Files (NLRB-21);
6. Solicitor's System (SOL) and Associated Headquarters Files
(NLRB-23); and
7. Special Litigation Case Tracking System (SPLIT) and Associated
Headquarters Files (NLRB-27).
Additionally, the Board is making technical changes within 29 CFR
102.119 to remove references to one system that is no longer
operational and which the Board will rescind as a Privacy Act system of
record in a forthcoming notice: Freedom of Information Act Tracking
System (FTS) and Associated Agency Files (NLRB-32).
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.), the Agency has determined that this rule would not
impose new recordkeeping, application, reporting, or other types of
information collection requirements on the public.
II. Direct Final Rulemaking
This rule is being published as a direct final rule as the Agency
does not expect to receive any significant adverse comments. If such
comments are received, this direct final rule will be withdrawn and a
proposed rule for comments will be published.
For purposes of this rule, a significant adverse comment is one
that explains (1) why the rule is inappropriate, including challenges
to the rule's underlying premise or approach; or (2) why the direct
final rule will be ineffective or unacceptable without a change. In
determining whether a significant adverse comment necessitates
withdrawal of this direct final rule, the Agency will consider whether
the comment raises an issue serious enough to warrant a substantive
response had it been submitted in a standard notice-and-comment
process. A comment recommending an addition to the rule will not be
considered significant and adverse unless the comment explains how this
direct final rule would be ineffective without the addition.
An agency typically uses direct final rulemaking when it
anticipates the rule will be non-controversial. The Agency has
determined that this rule is suitable for direct final rulemaking. The
rule makes technical changes to 29 CFR 102.119 to remove references to
exemptions for seven legacy systems replaced by NxGen (plus a system
that will be rescinded later, NLRB-32). Related to NxGen, a notice of a
modified system of records and rescindment of systems of records is
also published in this issue of the Federal Register. Accordingly,
pursuant to 5 U.S.C. 553(b), the Agency has for good cause determined
that the notice and comment requirements are unnecessary.
List of Subjects in 29 CFR Part 102
Privacy, Reporting and recordkeeping requirements.
For the reasons stated in the preamble, the NLRB amends 29 CFR part
102 as follows:
[[Page 24714]]
PART 102--RULES AND REGULATIONS, SERIES 8
0
1. The authority citation for part 102 continues to read as follows:
Authority: 29 U.S.C. 151, 156. Section 102.117 also issued
under 5 U.S.C. 552(a)(4)(A), and Sec. 102.119 also issued under 5
U.S.C. 552a(j) and (k). Sections 102.143 through 102.155 also issued
under 5 U.S.C. 504(c)(1).
0
2. Amend Sec. 102.119 by:
0
a. Removing and reserving paragraphs (k) and (l);
0
b. Revising paragraph (m); and
0
c. Revising the second sentences of paragraphs (n)(4) and (6).
The revisions read as follows:
Sec. 102.119 Privacy Act Regulations: Notification as to whether a
system of records contains records pertaining to requesting
individuals; requests for access to records, amendment of such records,
or accounting of disclosures; time limits for response; appeal from
denial of requests; fees for document duplication; files and records
exempted from certain Privacy Act requirements.
* * * * *
(m) Pursuant to 5 U.S.C. 552a(k)(2), investigatory material
compiled for law enforcement purposes that is contained in the Next
Generation Case Management System (NxGen) (NLRB-33), are exempt from
the provisions of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G),
(e)(4)(H), (e)(4)(I), and (f).
(n) * * *
(4) * * * Because certain information from this system of records
is exempt from subsection (d) of the Act concerning access to records,
and consequently, from subsection (f) of the Act concerning Agency
rules governing access, these requirements are inapplicable to that
information.
* * * * *
(6) * * * Because certain information from this system is exempt
from subsection (d) of the Act, the requirements of subsection (f) of
the Act are inapplicable to that information.
* * * * *
Dated: April 2, 2024, Washington, DC.
By direction of the Board.
Roxanne L. Rothschild,
Executive Secretary, National Labor Relations Board.
[FR Doc. 2024-07323 Filed 4-8-24; 8:45 am]
BILLING CODE 7545-01-P
