Notice2021-25382
Privacy Act of 1974; System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 22, 2021
Issuing agencies
Federal Mine Safety and Health Review Commission
Abstract
In accordance with the Privacy Act of 1974, the Federal Mine Safety and Health Review Commission (FMSHRC) is issuing a notice of a new Privacy Act system of records FMSHRC-09.
Full Text
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<title>Federal Register, Volume 86 Issue 222 (Monday, November 22, 2021)</title>
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[Federal Register Volume 86, Number 222 (Monday, November 22, 2021)]
[Notices]
[Pages 66301-66303]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25382]
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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.
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SUMMARY: In accordance with the Privacy Act of 1974, the Federal Mine
Safety and Health Review Commission (FMSHRC) is issuing a notice of a
new Privacy Act system of records FMSHRC-09.
DATES: This new system of records is effective upon publication;
however, comments on the Routine Uses will be accepted on or BEFORE
December 22, 2021. The Routine Uses are effective at the close of the
comment period.
ADDRESSES: You may submit comments by any of the following methods:
<bullet> Email: <a href="/cdn-cgi/l/email-protection#78280a110e191b01391b0c381e150b100a1b561f170e"><span class="__cf_email__" data-cfemail="78280a110e191b01391b0c381e150b100a1b561f170e">[email protected]</span></a>. Include ``PRIVACY ACT SYSTEM
OF RECORDS'' in the subject line of the message.
<bullet> Fax: (202) 434-9916.
<bullet> Mail: Privacy Act Coordinator, 1331 Pennsylvania Avenue
NW, Suite 520N, Washington, DC 20004-1710.
<bullet> Hand Delivery/Courier: Same as mailing address.
Instructions: All submissions must include your name, return
address, and email address, if applicable. Please clearly label
submissions as ``PRIVACY ACT SYSTEM OF RECORDS.''
FOR FURTHER INFORMATION CONTACT: Michael Chirico, Governmental Liaison
and Policy Advisor, Office of the Chair, via telephone at (202) 434-
9909 or via email at <a href="/cdn-cgi/l/email-protection#573a343f3e253e343817313a243f253479303821"><span class="__cf_email__" data-cfemail="563b353e3f243f353916303b253e243578313920">[email protected]</span></a>.
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,
[[Page 66302]]
FMSHRC is issuing FMSHRC-09 to create a new system of records for
reasonable accommodation requests by agency applicants and employees
who request a reasonable accommodation for a medical reason or a
sincerely held religious belief, and for employees who request a
reasonable accommodation for protected leave to care for family, or
protected leave for military service.
The notice for FMSHRC-09, provided below in its entirety, is as
follows.
SYSTEM NAME AND NUMBER:
Workplace Requests and Reasonable Accommodation Records, FMSHRC-09.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Office of the Chair, FMSHRC, 1331 Pennsylvania Avenue NW, Suite
520N, Washington, DC 20004-1710.
SYSTEM MANAGER:
Reasonable Accommodation Coordinator, Office of the Chair, FMSHRC,
1331 Pennsylvania Avenue NW, Suite 520N, Washington, DC 20004-1710.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
30 U.S.C. 823; 44 U.S.C. 3101 et seq.; the Rehabilitation Act of
1973, 29 U.S.C. 701 et seq.; Americans with Disabilities Act (``ADA''),
as amended by the ADA Amendments Act of 2008, 42 U.S.C. 12101 et seq.;
Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq.; the
Family and Medical Leave Act of 1993, 29 U.S.C. 2601 et seq.; the
Uniformed Services Employment and Reemployment Rights Act of 1994, 38
U.S.C. 4301 et seq.; 29 CFR part 1630; and E.O. 13164 as amended by
E.O. 13478.
PURPOSE(S) OF THE SYSTEM:
This system is maintained for the purpose of considering, deciding
and implementing requests for reasonable accommodation made by
Commission employees and applicants, and to preserve and maintain
confidentiality of the individuals making the request.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current and former Commission employees and applicants who have
requested reasonable accommodations for a medical reason, a sincerely
held religious belief, or for protected leave.
CATEGORIES OF RECORDS IN THE SYSTEM:
Applicant or employee requests for reasonable accommodations;
medical information; religious information; military service orders or
records; notes or records made during consideration of requests;
decisions on requests; and records made to implement or track decisions
on requests.
RECORD SOURCE CATEGORIES:
Information in this system of records comes from the individual to
whom it applies, and is derived from information supplied by that
individual such as a doctor's statement, medical information, or
military service orders or records.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to disclosures generally permitted under 5 U.S.C.
552a(b), all or a portion of the records or information contained in
this system of records may be disclosed pursuant to 5 U.S.C. 552a(b)(3)
under the circumstances or for the purposes described below, to the
extent such disclosures are compatible with the purposes for which the
information was collected:
1. 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 Commission officers and employees.
2. To appropriate agencies, entities, and persons when: (a) FMSHRC
suspects or has confirmed that there has been a breach of the system of
records; (b) FMSHRC has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, FMSHRC, the
Federal Government, or national security; and (c) the disclosure made
to such agencies, entities, and persons is reasonably necessary to
assist in connection with FMSHRC's efforts to respond to the suspected
or confirmed breach or to prevent, minimize, or remedy such harm.
3. To another federal agency or federal entity, when FMSHRC
determines that information from this system of records is reasonably
necessary to assist the recipient agency or entity in (a) responding to
a suspected or confirmed breach or (b) 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.
4. To an appropriate federal, state, local, foreign, or tribal or
other public authority if the information is relevant and necessary to
a requesting agency's decision concerning the hiring or retention of an
individual, or issuance of a security clearance, background
investigation, contract, or other benefit, or if the information is
relevant and necessary to a Commission decision concerning the
retention of an employee, the issuance of a security clearance, the
reporting of an investigation of an employee, the vetting of a
contract, or the issuance of another benefit and when disclosure is
appropriate to the proper performance of the official duties of the
person making the request.
5. To a Member of Congress or staff on behalf of and at the request
of the individual who is the subject of the record.
6. To contractors, experts, consultants, the agents thereof, and
others performing or working on a contract, service, grant, cooperative
agreement, or other assignment for the Commission, 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 Commission officers and employees.
7. To an appropriate federal, state, tribal, local, or foreign
agency or other appropriate authority charged with investigating or
prosecuting a violation or enforcing or implementing a law, rule,
regulation, or order, where a record, either on its face or in
conjunction with other information, indicates a violation or potential
violation of law, which includes criminal, civil, or regulatory
violations and such disclosure is proper and consistent with the
official duties of the person making the disclosure.
8. To the Department of Justice, the Commission's outside counsel,
other federal agencies conducting litigation, or in proceedings before
any court, adjudicative or administrative body, when (a) the
Commission, or (b) any employee of the Commission in his or her
official capacity, or (c) any employee of the Commission in his or her
individual capacity where the Department of Justice or the Commission
has agreed to represent the employee, or (d) the United States or any
agency thereof, is a party to the litigation or has an interest in such
litigation, and the Commission determines that the records are both
relevant and necessary to the litigation and the use of such records is
[[Page 66303]]
compatible with the purpose for which the Commission collected the
records.
9. To the National Archives and Records Administration (NARA) for
records management purposes; to the Government Accountability Office
for oversight purposes; to the Department of Justice to obtain that
department's advice regarding disclosure obligations under the Freedom
of Information Act (FOIA); to NARA's Office of Government Information
Services (OGIS) for record inspection purposes and to facilitate OGIS'
offering of mediation services to resolve disputes between persons
making FOIA requests and administrative agencies; or to the Office of
Management and Budget to obtain that office's advice regarding
obligations under the Privacy Act.
10. 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.
11. To respond to subpoenas, specifically approved by a court, in
any 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.
12. To a federal, state, tribal, local, or foreign government
agency or entity for the purpose of consulting with that agency or
entity: (a) To assist in making a determination regarding redress for
an individual in connection with the operations of a Commission
program; (b) for the purpose of verifying the identity of an individual
seeking redress in connection with the operations of a Commission
program; or (c) for the purpose of verifying the accuracy of
information submitted by an individual who has requested such redress
on behalf of another individual.
13. 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 paper format and
electronically on a secured network drive with limited personnel
access.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records in this system can be retrieved by name.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Retention and disposal of records is in accordance with National
Archives and Records Administration's General Records Schedule.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Access is limited to authorized individuals with passwords, cipher
lock combinations, or keys. Electronic files are maintained on a
secured network drive with limited user access. Access to the
Commission's office in Washington, DC, may be gained only by using an
electronic programmed Kastle Card, which is provided only to Commission
personnel and is changed on a regular basis.
Paper records, which may exist for records of previous employees
prior to electronic files, are stored in a locked file cabinet in a
locked file room with access only by Commission personnel responsible
for maintenance of those records. The building where the records are
stored has security cameras and security guard service. The records are
kept in limited access areas during duty hours and in locked file
cabinets and/or locked offices or file rooms at all other times. Access
is limited to those personnel whose official duties require access.
RECORD ACCESS PROCEDURES:
Individuals who wish to gain access to their records should notify:
Privacy Officer, FMSHRC, 1331 Pennsylvania Avenue NW, Suite 520N,
Washington, DC 20004-1710. For an explanation on how such requests
should be drafted, refer to the Commission's regulations contained in
29 CFR part 2705.
CONTESTING RECORD PROCEDURES:
Individuals who wish to contest their records should notify:
Privacy Officer, 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 the
Commission's regulations contained in 29 CFR part 2705.
NOTIFICATION PROCEDURE:
Individuals who wish to inquire about their records should notify:
Privacy Officer, 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 the
Commission's regulations contained in 29 CFR part 2705.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
HISTORY:
None.
Dated: November 17, 2021.
Sarah L. Stewart,
Deputy General Counsel, Federal Mine Safety and Health Review
Commission.
[FR Doc. 2021-25382 Filed 11-19-21; 8:45 am]
BILLING CODE 6735-01-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.