Privacy Act of 1974; System of Records, 46112-46115 [2024-11623]
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Federal Register / Vol. 89, No. 103 / Tuesday, May 28, 2024 / Notices
or proceedings before any court,
adjudicative, or administrative body.
Such disclosure is permitted only when
it is relevant and necessary to the
litigation or proceeding, and one of the
following is a party to the litigation or
has an interest in such litigation:
(1) FMCS, or any component thereof;
(2) Any employee or former employee
of FMCS in their official capacity;
(3) Any employee or former employee
of FMCS in their capacity where the
Department of Justice or FMCS has
agreed to represent the employee;
(4) The United States, a Federal
agency, or another party in litigation
before a court, adjudicative, or
administrative body, upon the FMCS
General Counsel’s approval, pursuant to
5 CFR part 295 or otherwise.
(h) To any agency, organization, or
person for the purposes of performing
audit or oversight operations related to
the operation of this system of records
or for federal ethics compliance
purposes as authorized by law, but only
information necessary and relevant to
such audit or oversight function.
(i) To appropriate agencies, entities,
and persons when (1) FMCS suspects or
has confirmed that there has been a
breach of the system of records, (2)
FMCS has determined that as a result of
the suspected or confirmed breach there
is a risk of harm to individuals, FMCS
(including its information systems,
programs, and operations), the Federal
Government, or national security; and
(3) the disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with FMCS’s efforts to
respond to the suspected or confirmed
breach or to prevent, minimize, or
remedy such harm.
(j) To another Federal agency or
Federal entity, when FMCS determines
that information from this system of
records is reasonably necessary to assist
the recipient agency or entity in (1)
responding to a suspected or confirmed
breach or (2) preventing, minimizing, or
remedying the risk of harm to
individuals, the recipient agency or
entity (including its information
systems, programs, and operations), the
Federal Government, or national
security, resulting from a suspected or
confirmed breach.
(k) To disclose pertinent information
to the appropriate Federal, State, or
local agency responsible for
investigating, prosecuting, enforcing, or
implementing a statute, rule regulation
or order where the record, either alone
or in conjunction with other
information creates an indication of a
violation or potential violation of civil
or criminal laws or regulations.
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(l) To disclose information to
contractors, grantees, experts,
consultants, detailees, and other nonGovernment employees performing or
working on a contract, service, or other
assignment for the agency when
necessary to accompany an agency
function related to this system of
records.
(m) To officials of labor organizations
and employers receiving services
pursuant to 29 U.S.C. 172, et seq.
(n) To officials of labor organizations
and federal agencies recognized under 5
U.S.C. chapter 71 upon receipt of a
formal request and in accordance with
the conditions of 5 U.S.C. 7114 when
relevant and necessary to their duties of
exclusive representation concerning
personnel policies, practices, and
matters affecting working conditions.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records are stored electronically on
the public facing website located here.
Also, records are stored on FMCS’s
shared and internal hard drives and on
the FMCS’s Microsoft Office 365
SharePoint site both accessible only to
FMCS employees. Hard copies of
photographs are also displayed in
FMCS’s offices.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records on the public facing website
can be searched by name, geographic
district, and zip code. Records on the
FMCS’s shared and internal drives can
be searched by name, and date and
name of the event. On SharePoint,
records can be searched by the date and
name of the event.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are updated as needed and
retained until no longer needed for
business use. All records are retained
and disposed of in accordance with
General Records Schedule 6.4, issued by
the National Archives and Records
Administration.
ADMINSTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Electronic records on FMCS’s shared
and internal drives, and on SharePoint
are safeguarded in a secured
environment and are maintained in a
secure, password-protected electronic
system that will utilize commensurate
safeguards that may include firewalls,
intrusion detection and prevention
systems, and role-based access controls.
Hard copy records are accessed in
FMCS facilities that are limited to
authorized personnel with official
duties requiring access. FMCS facilities
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are equipped with security cameras and
24-hour security guard service. These
records are kept in limited access areas
in locked offices. All records are
protected from unauthorized access
through appropriate administrative,
operational, and technical safeguards.
These safeguards include restricting
access to authorized personnel who
have a ‘‘need to know’’, using locks, and
password protection identification
features.
RECORD ACCESS PROCEDURES:
Individuals must provide the
following information for their records
to be located and identified: (1) Full
name, (2) Address, and (3) A reasonably
identifying description of the record
content requested. Requests can be
submitted via fmcs.gov/foia/,via email
to privacy@fmcs.gov, or via mail to the
Privacy Office at FMCS 250 E Street SW
Washington, DC 20427. See 29 CFR
1410.3.
CONTESTING RECORDS PROCEDURES:
Requests for correction or amendment
of records, on how to contest the
content of any records. Privacy Act
requests to amend or correct records
may be submitted to the Privacy Office
at privacy@fmcs.gov or via mail to the
Privacy Office at FMCS 250 E Street SW,
Washington, DC 20427. Also, see
https://www.fmcs.gov/privacy-policy/.
See 29 CFR 1410.6.
NOTIFICATION PROCEDURES:
See 29 CFR 1410.3(a), Individual
access requests.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
This amended SORN deletes and
supersedes the SORN published in the
Federal Register on August 19, 2021, at
86 FR 46701.
Dated: May 21, 2024.
Alisa Zimmerman,
Deputy General Counsel, Federal Mediation
and Conciliation Service.
[FR Doc. 2024–11544 Filed 5–24–24; 8:45 am]
BILLING CODE 6732–01–P
FEDERAL MINE SAFETY AND HEALTH
REVIEW COMMISSION
Privacy Act of 1974; System of
Records
Federal Mine Safety and Health
Review Commission.
ACTION: Notice of a new system of
records.
AGENCY:
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Federal Register / Vol. 89, No. 103 / Tuesday, May 28, 2024 / Notices
In accordance with the
Privacy Act of 1974, the Federal Mine
Safety and Health Review Commission
(FMSHRC) is issuing a notice of new
Privacy Act system of records,
FMSHRC–08.
DATES: This new system of record is
effective upon publication; however,
comments on the Routine Uses will be
accepted on or before June 27, 2024. The
Routine Uses are effective at the close of
the comment period.
ADDRESSES: You may submit comments
by any of the following methods:
• Email: PrivacyAct@fmshrc.gov.
Include ‘‘PRIVACY ACT SYSTEM OF
RECORDS FMSHRC–08’’ in the subject
line of the message.
• Mail: Office of the General Counsel,
1331 Pennsylvania Avenue NW, Suite
520N, Washington, DC 20004–1710.
Instructions: All submissions must
include your name, return address, and
email address, if applicable. Please
clearly label submissions as ‘‘PRIVACY
ACT SYSTEM OF RECORDS FMSHRC–
08.’’
FOR FURTHER INFORMATION CONTACT:
Stacey George, Acting Senior Agency
Official for Privacy, via telephone (202)
434–9939 or via email at SGeorge@
fmshrc.gov.
SUPPLEMENTARY INFORMATION: The
Privacy Act of 1974, and 5 U.S.C.
552a(e)(4) requires federal agencies such
as FMSHRC to publish in the Federal
Register notice of any new or modified
system of records. As detailed below,
FMSHRC is issuing notice of new
system of records Freedom of
Information Act (‘‘FOIA’’) Requests and
Administrative Appeal Records
retrieved by name of requester or
individual appealing, FMSHRC–08, to
describe the purpose of the system, to
describe the records in the system, to
specify the routine uses that apply to
the system, and to describe the policies
and practices for storing, retrieving,
accessing, retaining, and disposing of
records in the system.
The notice for FMSHRC–08, provided
below in its entirety, is as follows.
SUMMARY:
SYSTEM NAME AND NUMBER:
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Freedom of Information Act (‘‘FOIA’’)
Requests and Administrative Appeals
Records retrieved by name of requester
or individual appealing, FMSHRC–08.
SECURITY CLASSIFICATION:
SYSTEM LOCATION:
Office of the General Counsel, Federal
Mine Safety and Health Review
Commission, 1331 Pennsylvania
Avenue NW, Suite 520N, Washington,
DC 20004–1710.
18:43 May 24, 2024
Chief FOIA Officer, Office of the
General Counsel, Federal Mine Safety
and Health Review Commission, 1331
Pennsylvania Avenue NW, Suite 520N,
Washington, DC 20004–1710, FOIA@
fmshrc.gov, (202) 434–9900.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
30 U.S.C. 823; 44 U.S.C. 3101 et seq.;
5 U.S.C. 552 et seq.; 29 CFR part 2702
PURPOSE(S) OF THE SYSTEM:
The information in this system is
being collected to enable FMSHRC to
carry out its responsibilities under the
FOIA. These responsibilities include
enabling FMSHRC staff to receive, track,
process, and respond to access requests
and administrative appeals; to assist and
participate in litigation regarding agency
action on such requests and appeals; to
prepare reports to the Department of
Justice (DOJ), the Attorney General, the
Office of Government Information
Services (OGIS) and any other Federal
government entity with oversight over
the Commission’s FOIA activities; for
the purpose of responding to inquiries
submitted to DOJ’s Office of Information
Policy regarding federal agency
compliance with the FOIA; and for the
purpose of assisting the Commission in
carrying out any other responsibilities
under the FOIA and applicable
executive orders or regulations.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
The system covers individuals and/or
their representatives who request
records or information from the
Commission pursuant to the Freedom of
Information Act (‘‘FOIA’’), 5 U.S.C. 552;
individuals who are the subject of or
who fall within the scope of a FOIA
request or appeal; attorneys or other
persons representing individuals
submitting such requests and appeals;
individuals whose requests and/or
records have been referred to FMSHRC
or whose requests or and/or records
have been the subject of a consultation
with FMSHRC; individuals who submit
requests for information on other
individuals; individuals filing an
administrative appeal of a denial, in
whole or in part, of any such request;
and the FMSHRC personnel assigned to
handle such requests and appeals.
CATEGORIES OF RECORDS IN THE SYSTEM:
Unclassified.
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SYSTEM MANAGER(S):
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The system covers records received,
created, and compiled in response to a
FOIA request or administrative appeal,
including: the original request; the
original appeal; responses to the request
or appeal; related internal memoranda;
correspondence with other Federal
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agencies; request and appeal
determinations; and related electronic
tracking data. These records may
contain personal information retrieved
in response to a request, including a
requester’s and/or their representative’s
contact information, such as their
names, telephone numbers, and email
and mailing addresses; FOIA tracking
numbers; unique case identifier or other
identifier assigned to the request or
appeal; and office contact information of
Commission employees and contractors.
RECORD SOURCE CATEGORIES:
Persons requesting information from
the Commission or filing administrative
appeals pursuant to the FOIA; agency
employees assigned to handle
processing the requests; agency records
searched and identified as responsive in
the process of responding to such
requests; other agencies or entities that
have referred to Commission requests
concerning Commission records, or that
have consulted with the Commission
regarding handling of particular
requests; and submitters or subjects of
records or information that have
provided assistance to the Commission
in making access determinations.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES:
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b), the records or information
contained therein may specifically be
disclosed outside of the Commission as
a routine use, as defined by 5
U.S.C.552a(a)(7), pursuant to 5 U.S.C.
552a(b)(3) in the following
circumstances:
1. To appropriate agencies, entities,
and persons when the Commission: (a)
suspects or has confirmed that the
security or confidentiality of
information in the system of records has
been compromised; (b) has determined
that as a result of the suspected or
confirmed compromise there is a risk of
harm to economic or property interests,
identity theft or fraud, or harm to the
security or integrity of this system or
other systems or programs (whether
maintained by the Commission or
another agency or entity) that rely upon
the compromised information; and (c)
has determined that disclosure made to
such agencies, entities, and persons is
reasonably necessary to assist in
connection with the Commission’s
efforts to respond to the suspected or
confirmed compromise and prevent,
minimize, or remedy such harm.
2. To a federal, state, or local agency
or entity for the purpose of: (a)
consulting with that agency or entity to
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enable the Commission to make a
determination as to the propriety of
access to information; (b) verifying the
identity of an individual or the accuracy
of information submitted by an
individual who has requested access to
information; or (c) processing payment
of fees associated with FOIA request.
3. To a federal agency or entity that
furnished the record or information for
the purpose of: (a) permitting that
agency or entity to make a decision as
to access to the record or information;
or (b) providing guidance or advice
regarding the handling of particular
requests.
4. To a Congressional office
requesting the information on behalf of
and at the request of the individual who
is the subject of the record.
5. To appropriate officials and
employees of a federal agency or entity
when the information is relevant to a
decision concerning the hiring,
appointment, or retention of an
employee; the assignment, detail, or
deployment of an employee; the
issuance, renewal, suspension, or
revocation of a security clearance; the
execution of a security or suitability
investigation; the letting of a contract; or
the issuance of a license, permit, grant,
or other benefit.
6. To the DOJ in order to obtain
advice on FOIA matters or regarding the
agency’s FOIA disclosure obligations.
7. To any Congressional Committee,
subcommittee or joint committee, to the
extent of matter within its jurisdiction,
the Government Accountability Office,
or others charged with monitoring the
work of the Commission or conducting
records management inspections.
8. To members of advisory
committees that are created by the
Commission or by Congress to render
advice and recommendations to the
Commission or to Congress, to be used
solely in connection with their official
designated functions.
9. To the National Archives and
Records Administration, Office of
Government Information Services
(OGIS), to the extent necessary to fulfill
its responsibilities in 5 U.S.C. 552(h), to
review administrative agency policies,
procedures, and compliance with the
FOIA, and to facilitate OGIS’ offering of
mediation services to resolve disputes
between persons making FOIA requests
and administrative agencies.
10. To the National Archives and
Records Administration for purposes of
records management inspections
conducted under the authority of 44
U.S.C. 2904 and 2906.
11. To members of the public who
visit FMSHRC’s website and gain access
to information pertaining to a case,
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including decisions and orders, in
accordance with 5 U.S.C. 552(a)(2) and
29 CFR 2702.7(b), recordings of oral
arguments, and notices of meetings in
accordance with 5 U.S.C. 552b(e)(1),
and published on the website, unless it
is determined that release of the
information in the context of a
particular case would constitute an
unwarranted invasion of personal
privacy.
12. To interns, consultants, experts,
contractors, and others who have been
engaged by the Commission to assist in
the performance of a service related to
this system of records and who need
access to the records for the purpose of
assisting the Commission in the efficient
administration of its programs,
including by performing clerical,
stenographic, or data analysis functions,
or by reproduction of records by
electronic or other means. Recipients of
these records shall be required to
comply with the requirements of the
Privacy Act of 1974, as amended, 5
U.S.C. 552a.
13. In an appropriate proceeding
before a court, grand jury, or
administrative or adjudicative body,
when the Commission determines that
the records may be relevant and
necessary to the proceeding; or in an
appropriate proceeding before another
administrative or adjudicative body
when the adjudicator determines the
records to be relevant and necessary to
the proceeding and the use of such
records is compatible with the purpose
for which the Commission collected the
records.
14. In connection with any pending or
potential litigation challenging or
seeking to enjoin actions by the
Commission under the FOIA, as
amended, and the Commission
determines that the records are both
relevant and necessary to the litigation
and the use of such records is
compatible with the purpose for which
the Commission collected the records.
15. To respond to subpoenas,
specifically approved by a court, in any
pending or potential litigation or other
proceeding, and the Commission
determines that the records are both
relevant and necessary to the litigation
and the use of such records is
compatible with the purpose for which
the Commission collected the records.
16. To an agency, organization, or
individual for audit or oversight
operations as authorized by law, but
only such information as is necessary
and relevant to such audit or oversight
function when necessary to accomplish
an agency function related to the system
of records. Individuals provided
information under this routine use are
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subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to FMSHRC
officers and employees.
17. To a third party authorized, in
writing, to receive such information by
the individual who is the subject of the
record.
18. To such recipients and under such
circumstances and procedures as are
mandated by federal statute.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records in this system are stored in
electronic and/or paper format.
Electronic records are stored in
computerized databases on the
Commission’s server as well as in
secured FedRAMP certified cloud
environment. Paper records are stored
in locked file rooms and/or file cabinets
located in the Office of the General
Counsel.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records are indexed and retrieved by
a unique tracking number assigned to
the request or appeal. Records are also
retrieved by the requester’s or
appellant’s name, the date, and the
subject of the request.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records in this system are retained
and disposed in accordance with the
General Records Schedules issued by
the National Archives and Records
Administration.
ADMINISTRATIVE, TECHNIICAL, AND PYHSICAL
SAFEGUARDS:
Records are safeguarded in a secured
environment. The building where the
records are stored has security cameras
and security guard service. Access to the
Commission’s office in Washington, DC
may be gained only by using an
electronic key, which is provided only
to Commission personnel. Paper records
are kept in limited access areas during
duty hours and in locked file cabinets
and/or locked offices at all other times.
Access is limited to those personnel
whose official duties require access.
Computerized records are safeguarded
through use of information technology
security controls, as dictated by the
Federal Information Security
Modernization Act (FISMA) and the
National Institute of Standards and
Technology (NIST), and access is
limited to those personnel whose
official duties require access.
Contractors and other recipients
providing services to the Commission
shall be required to maintain the same
or equivalent safeguards.
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Federal Register / Vol. 89, No. 103 / Tuesday, May 28, 2024 / Notices
RECORD ACCESS PROCEDURES:
Individuals seeking to determine
whether this system of records contains
information about themselves or seeking
access to records about themselves in
this system of records should address
written inquiries to: Executive Director,
FMSHRC, 1331 Pennsylvania Avenue
NW, Suite 520N, Washington, DC
20004–1710. For an explanation on how
such requests should be drafted, refer to
FMSHRC’s regulations contained in 29
CFR part 2705.
CONTESTING RECORD PROCEDURES:
Individuals contesting the content of
records about themselves contained in
this system of records should address
written inquiries to: Executive Director,
FMSHRC, 1331 Pennsylvania Avenue
NW, Suite 520N, Washington, DC
20004–1710. For an explanation on the
specific procedures for contesting the
contents of a record, refer to FMSHRC’s
regulations contained in 29 CFR part
2705.
NOTIFICATION PROCEDURES:
Individuals seeking notification of
any records about themselves contained
in this system of records should address
written inquiries to: Executive Director,
FMSHRC, 1331 Pennsylvania Avenue
NW, Suite 520N, Washington, DC
20004–1710. For an explanation on the
specific procedures for sending a
notification request, refer to FMSHRC’s
regulations contained in 29 CFR part
2705.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
Stacey George,
Chief FOIA Officer and Acting Senior Agency
Official for Privacy, Federal Mine Safety and
Health Review Commission.
[FR Doc. 2024–11623 Filed 5–24–24; 8:45 am]
Uses will be accepted on or before June
27, 2024. The Routine Uses are effective
at the close of the comment period.
ADDRESSES: You may submit comments
by any of the following methods:
• Email: PrivacyAct@fmshrc.gov.
Include ‘‘PRIVACY ACT SYSTEM OF
RECORDS FMSHRC–07’’ in the subject
line of the message.
• Mail: Privacy Act Coordinator, 1331
Pennsylvania Avenue NW, Suite 520N,
Washington, DC 20004–1710.
Instructions: All submissions must
include your name, return address, and
email address, if applicable. Please
clearly label submissions as ‘‘PRIVACY
ACT SYSTEM OF RECORDS FMSHRC–
07.’’
FOR FURTHER INFORMATION CONTACT:
Stacey George, Acting Senior Agency
Official for Privacy, via telephone at
(202) 434–9939 or via email at SGeorge@
fmshrc.gov .
SUPPLEMENTARY INFORMATION: The
Privacy Act of 1974, 5 U.S.C. 552a(e)(4),
requires federal agencies such as
FMSHRC to publish in the Federal
Register notice of any new or modified
system of records. As detailed below,
FMSHRC is issuing a notice of a new
system of records, Privacy Act Requests
and Administrative Appeals Records
FMSHRC–07, to describe the purpose of
the system, to describe the records in
the system, to specify the routine uses
that apply to the system, and to describe
the policies and practices for storing,
retrieving, accessing, retaining, and
disposing of records in the system.
The notice for FMSHRC–07, provided
below in its entirety, is as follows.
SYSTEM NAME AND NUMBER:
Privacy Act Requests and
Administrative Appeals Records,
FMSHRC–07.
BILLING CODE P
SECURITY CLASSIFICATION:
FEDERAL MINE SAFETY AND HEALTH
REVIEW COMMISSION
Privacy Act of 1974; System of
Records
Federal Mine Safety and Health
Review Commission.
ACTION: Notice of a new system of
records.
khammond on DSKJM1Z7X2PROD with NOTICES
AGENCY:
In accordance with the
Privacy Act of 1974, the Federal Mine
Safety and Health Review Commission
(FMSHRC) is creating a new notice of
Privacy Act system of records
FMSHRC–07. DATES: This new system
of record is effective upon publication;
however, comments on the Routine
SUMMARY:
VerDate Sep<11>2014
18:43 May 24, 2024
Jkt 262001
Unclassified.
SYSTEM LOCATION:
Federal Mine Safety and Health
Review Commission, 1331 Pennsylvania
Avenue NW, Suite 520N, Washington,
DC 20004–1710.
SYSTEM MANAGER(S):
Senior Agency Official for Privacy,
Federal Mine Safety and Health Review
Commission, 1331 Pennsylvania
Avenue NW, Suite 520N, Washington,
DC 20004–1710. PrivacyAct@
fmshrc.gov, (202) 434–9944.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
30 U.S.C. 823, 44 U.S.C. 3101 et seq.;
5 U.S.C. 552a et seq.; 29 CFR part 2705.
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46115
PURPOSE(S) OF THE SYSTEM:
The information in this system is
being collected to enable FMSHRC to
carry out its responsibilities under the
Privacy Act. These responsibilities
include enabling FMSHRC staff to
receive, track, process, and respond to
Privacy Act requests and appeals; to
assist in and support litigation that may
arise from a Privacy Act access request,
amendment request, or administrative
appeal; and to carry out other
responsibilities under the Privacy Act
and other applicable federal laws.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
The system covers individuals and/or
their representatives who request
information from FMSHRC or request
amendment or correction of information
contained about the subject of the
record pursuant to the Privacy Act of
1974, 5 U.S.C. 552a; individuals who
submit requests for information on other
individuals; individuals filing an
administrative appeal of a denial, in
whole or in part, of any such request;
and FMSHRC personnel assigned to
handle such requests and appeals.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system covers records received,
created, and compiled in response to a
Privacy Act request or administrative
appeal, including: the original request;
the original appeal; responses to the
request or appeal; related internal
memoranda; correspondence with other
Federal agencies; request and appeal
determinations; requests for amendment
of records under the Privacy Act; and
related electronic tracking data. These
records may contain personal
information retrieved in response to a
request, including a requester’s and/or
their representative’s contact
information, such as their names,
telephone numbers, and email and
mailing addresses; Privacy Act case or
tracking numbers; unique case identifier
or other identifier assigned to the
request or appeal; and office contact
information of Commission employees
and contractors.
RECORD SOURCE CATEGORIES:
Persons requesting information from
FMSHRC or filing administrative
appeals pursuant to the Privacy Act;
agency employees assigned to handle
processing the requests and appeals;
agency records searched and identified
as responsive in the process of
responding to such requests; other
agencies or entities that have referred to
FMSHRC requests concerning FMSHRC
records, or that have consulted with the
Commission regarding handling of
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]]>Agencies
[Federal Register Volume 89, Number 103 (Tuesday, May 28, 2024)]
[Notices]
[Pages 46112-46115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11623]
=======================================================================
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FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
Privacy Act of 1974; System of Records
AGENCY: Federal Mine Safety and Health Review Commission.
ACTION: Notice of a new system of records.
-----------------------------------------------------------------------
[[Page 46113]]
SUMMARY: In accordance with the Privacy Act of 1974, the Federal Mine
Safety and Health Review Commission (FMSHRC) is issuing a notice of new
Privacy Act system of records, FMSHRC-08.
DATES: This new system of record is effective upon publication;
however, comments on the Routine Uses will be accepted on or before
June 27, 2024. The Routine Uses are effective at the close of the
comment period.
ADDRESSES: You may submit comments by any of the following methods:
Email: [email protected]. Include ``PRIVACY ACT SYSTEM
OF RECORDS FMSHRC-08'' in the subject line of the message.
Mail: Office of the General Counsel, 1331 Pennsylvania
Avenue NW, Suite 520N, Washington, DC 20004-1710.
Instructions: All submissions must include your name, return
address, and email address, if applicable. Please clearly label
submissions as ``PRIVACY ACT SYSTEM OF RECORDS FMSHRC-08.''
FOR FURTHER INFORMATION CONTACT: Stacey George, Acting Senior Agency
Official for Privacy, via telephone (202) 434-9939 or via email at
[email protected].
SUPPLEMENTARY INFORMATION: The Privacy Act of 1974, and 5 U.S.C.
552a(e)(4) requires federal agencies such as FMSHRC to publish in the
Federal Register notice of any new or modified system of records. As
detailed below, FMSHRC is issuing notice of new system of records
Freedom of Information Act (``FOIA'') Requests and Administrative
Appeal Records retrieved by name of requester or individual appealing,
FMSHRC-08, to describe the purpose of the system, to describe the
records in the system, to specify the routine uses that apply to the
system, and to describe the policies and practices for storing,
retrieving, accessing, retaining, and disposing of records in the
system.
The notice for FMSHRC-08, provided below in its entirety, is as
follows.
SYSTEM NAME AND NUMBER:
Freedom of Information Act (``FOIA'') Requests and Administrative
Appeals Records retrieved by name of requester or individual appealing,
FMSHRC-08.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Office of the General Counsel, Federal Mine Safety and Health
Review Commission, 1331 Pennsylvania Avenue NW, Suite 520N, Washington,
DC 20004-1710.
SYSTEM MANAGER(S):
Chief FOIA Officer, Office of the General Counsel, Federal Mine
Safety and Health Review Commission, 1331 Pennsylvania Avenue NW, Suite
520N, Washington, DC 20004-1710, [email protected], (202) 434-9900.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
30 U.S.C. 823; 44 U.S.C. 3101 et seq.; 5 U.S.C. 552 et seq.; 29 CFR
part 2702
PURPOSE(S) OF THE SYSTEM:
The information in this system is being collected to enable FMSHRC
to carry out its responsibilities under the FOIA. These
responsibilities include enabling FMSHRC staff to receive, track,
process, and respond to access requests and administrative appeals; to
assist and participate in litigation regarding agency action on such
requests and appeals; to prepare reports to the Department of Justice
(DOJ), the Attorney General, the Office of Government Information
Services (OGIS) and any other Federal government entity with oversight
over the Commission's FOIA activities; for the purpose of responding to
inquiries submitted to DOJ's Office of Information Policy regarding
federal agency compliance with the FOIA; and for the purpose of
assisting the Commission in carrying out any other responsibilities
under the FOIA and applicable executive orders or regulations.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The system covers individuals and/or their representatives who
request records or information from the Commission pursuant to the
Freedom of Information Act (``FOIA''), 5 U.S.C. 552; individuals who
are the subject of or who fall within the scope of a FOIA request or
appeal; attorneys or other persons representing individuals submitting
such requests and appeals; individuals whose requests and/or records
have been referred to FMSHRC or whose requests or and/or records have
been the subject of a consultation with FMSHRC; individuals who submit
requests for information on other individuals; individuals filing an
administrative appeal of a denial, in whole or in part, of any such
request; and the FMSHRC personnel assigned to handle such requests and
appeals.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system covers records received, created, and compiled in
response to a FOIA request or administrative appeal, including: the
original request; the original appeal; responses to the request or
appeal; related internal memoranda; correspondence with other Federal
agencies; request and appeal determinations; and related electronic
tracking data. These records may contain personal information retrieved
in response to a request, including a requester's and/or their
representative's contact information, such as their names, telephone
numbers, and email and mailing addresses; FOIA tracking numbers; unique
case identifier or other identifier assigned to the request or appeal;
and office contact information of Commission employees and contractors.
RECORD SOURCE CATEGORIES:
Persons requesting information from the Commission or filing
administrative appeals pursuant to the FOIA; agency employees assigned
to handle processing the requests; agency records searched and
identified as responsive in the process of responding to such requests;
other agencies or entities that have referred to Commission requests
concerning Commission records, or that have consulted with the
Commission regarding handling of particular requests; and submitters or
subjects of records or information that have provided assistance to the
Commission in making access determinations.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b), the records or information contained therein may specifically
be disclosed outside of the Commission as a routine use, as defined by
5 U.S.C.552a(a)(7), pursuant to 5 U.S.C. 552a(b)(3) in the following
circumstances:
1. To appropriate agencies, entities, and persons when the
Commission: (a) suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised; (b) has determined that as a result of the suspected or
confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by the Commission or another agency or entity) that rely
upon the compromised information; and (c) has determined that
disclosure made to such agencies, entities, and persons is reasonably
necessary to assist in connection with the Commission's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
2. To a federal, state, or local agency or entity for the purpose
of: (a) consulting with that agency or entity to
[[Page 46114]]
enable the Commission to make a determination as to the propriety of
access to information; (b) verifying the identity of an individual or
the accuracy of information submitted by an individual who has
requested access to information; or (c) processing payment of fees
associated with FOIA request.
3. To a federal agency or entity that furnished the record or
information for the purpose of: (a) permitting that agency or entity to
make a decision as to access to the record or information; or (b)
providing guidance or advice regarding the handling of particular
requests.
4. To a Congressional office requesting the information on behalf
of and at the request of the individual who is the subject of the
record.
5. To appropriate officials and employees of a federal agency or
entity when the information is relevant to a decision concerning the
hiring, appointment, or retention of an employee; the assignment,
detail, or deployment of an employee; the issuance, renewal,
suspension, or revocation of a security clearance; the execution of a
security or suitability investigation; the letting of a contract; or
the issuance of a license, permit, grant, or other benefit.
6. To the DOJ in order to obtain advice on FOIA matters or
regarding the agency's FOIA disclosure obligations.
7. To any Congressional Committee, subcommittee or joint committee,
to the extent of matter within its jurisdiction, the Government
Accountability Office, or others charged with monitoring the work of
the Commission or conducting records management inspections.
8. To members of advisory committees that are created by the
Commission or by Congress to render advice and recommendations to the
Commission or to Congress, to be used solely in connection with their
official designated functions.
9. To the National Archives and Records Administration, Office of
Government Information Services (OGIS), to the extent necessary to
fulfill its responsibilities in 5 U.S.C. 552(h), to review
administrative agency policies, procedures, and compliance with the
FOIA, and to facilitate OGIS' offering of mediation services to resolve
disputes between persons making FOIA requests and administrative
agencies.
10. To the National Archives and Records Administration for
purposes of records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906.
11. To members of the public who visit FMSHRC's website and gain
access to information pertaining to a case, including decisions and
orders, in accordance with 5 U.S.C. 552(a)(2) and 29 CFR 2702.7(b),
recordings of oral arguments, and notices of meetings in accordance
with 5 U.S.C. 552b(e)(1), and published on the website, unless it is
determined that release of the information in the context of a
particular case would constitute an unwarranted invasion of personal
privacy.
12. To interns, consultants, experts, contractors, and others who
have been engaged by the Commission to assist in the performance of a
service related to this system of records and who need access to the
records for the purpose of assisting the Commission in the efficient
administration of its programs, including by performing clerical,
stenographic, or data analysis functions, or by reproduction of records
by electronic or other means. Recipients of these records shall be
required to comply with the requirements of the Privacy Act of 1974, as
amended, 5 U.S.C. 552a.
13. In an appropriate proceeding before a court, grand jury, or
administrative or adjudicative body, when the Commission determines
that the records may be relevant and necessary to the proceeding; or in
an appropriate proceeding before another administrative or adjudicative
body when the adjudicator determines the records to be relevant and
necessary to the proceeding and the use of such records is compatible
with the purpose for which the Commission collected the records.
14. In connection with any pending or potential litigation
challenging or seeking to enjoin actions by the Commission under the
FOIA, as amended, and the Commission determines that the records are
both relevant and necessary to the litigation and the use of such
records is compatible with the purpose for which the Commission
collected the records.
15. To respond to subpoenas, specifically approved by a court, in
any pending or potential litigation or other proceeding, and the
Commission determines that the records are both relevant and necessary
to the litigation and the use of such records is compatible with the
purpose for which the Commission collected the records.
16. To an agency, organization, or individual for audit or
oversight operations as authorized by law, but only such information as
is necessary and relevant to such audit or oversight function when
necessary to accomplish an agency function related to the system of
records. Individuals provided information under this routine use are
subject to the same Privacy Act requirements and limitations on
disclosure as are applicable to FMSHRC officers and employees.
17. To a third party authorized, in writing, to receive such
information by the individual who is the subject of the record.
18. To such recipients and under such circumstances and procedures
as are mandated by federal statute.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records in this system are stored in electronic and/or paper
format. Electronic records are stored in computerized databases on the
Commission's server as well as in secured FedRAMP certified cloud
environment. Paper records are stored in locked file rooms and/or file
cabinets located in the Office of the General Counsel.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are indexed and retrieved by a unique tracking number
assigned to the request or appeal. Records are also retrieved by the
requester's or appellant's name, the date, and the subject of the
request.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records in this system are retained and disposed in accordance with
the General Records Schedules issued by the National Archives and
Records Administration.
ADMINISTRATIVE, TECHNIICAL, AND PYHSICAL SAFEGUARDS:
Records are safeguarded in a secured environment. The building
where the records are stored has security cameras and security guard
service. Access to the Commission's office in Washington, DC may be
gained only by using an electronic key, which is provided only to
Commission personnel. Paper records are kept in limited access areas
during duty hours and in locked file cabinets and/or locked offices at
all other times. Access is limited to those personnel whose official
duties require access. Computerized records are safeguarded through use
of information technology security controls, as dictated by the Federal
Information Security Modernization Act (FISMA) and the National
Institute of Standards and Technology (NIST), and access is limited to
those personnel whose official duties require access. Contractors and
other recipients providing services to the Commission shall be required
to maintain the same or equivalent safeguards.
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RECORD ACCESS PROCEDURES:
Individuals seeking to determine whether this system of records
contains information about themselves or seeking access to records
about themselves in this system of records should address written
inquiries to: Executive Director, FMSHRC, 1331 Pennsylvania Avenue NW,
Suite 520N, Washington, DC 20004-1710. For an explanation on how such
requests should be drafted, refer to FMSHRC's regulations contained in
29 CFR part 2705.
CONTESTING RECORD PROCEDURES:
Individuals contesting the content of records about themselves
contained in this system of records should address written inquiries
to: Executive Director, FMSHRC, 1331 Pennsylvania Avenue NW, Suite
520N, Washington, DC 20004-1710. For an explanation on the specific
procedures for contesting the contents of a record, refer to FMSHRC's
regulations contained in 29 CFR part 2705.
NOTIFICATION PROCEDURES:
Individuals seeking notification of any records about themselves
contained in this system of records should address written inquiries
to: Executive Director, FMSHRC, 1331 Pennsylvania Avenue NW, Suite
520N, Washington, DC 20004-1710. For an explanation on the specific
procedures for sending a notification request, refer to FMSHRC's
regulations contained in 29 CFR part 2705.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
Stacey George,
Chief FOIA Officer and Acting Senior Agency Official for Privacy,
Federal Mine Safety and Health Review Commission.
[FR Doc. 2024-11623 Filed 5-24-24; 8:45 am]
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