Notice2021-27438
Privacy Act of 1974; System of Records
Primary source
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Published
December 20, 2021
Effective
January 19, 2022
Issuing agencies
Consumer Product Safety Commission
Abstract
Pursuant to the Privacy Act of 1974, the Consumer Product Safety Commission (CPSC) is proposing changes to one system of records notice (SORN). CPSC is proposing to amend CPSC 23--Equal Employment Opportunity (EEO) Disability/Accommodation Files. The amendment will expand the authorities for maintenance of the system, the purposes of the system, the categories of individuals covered by the system, the record source categories, and the records contained in the system, to include records of requests for accommodation based on sincerely held religious beliefs, practices, or observances.
Full Text
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<title>Federal Register, Volume 86 Issue 241 (Monday, December 20, 2021)</title>
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[Federal Register Volume 86, Number 241 (Monday, December 20, 2021)]
[Notices]
[Pages 71877-71879]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27438]
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CONSUMER PRODUCT SAFETY COMMISSION
[Docket Number CPSC-2021-0035]
Privacy Act of 1974; System of Records
AGENCY: Consumer Product Safety Commission.
ACTION: Notice of modified system of records.
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SUMMARY: Pursuant to the Privacy Act of 1974, the Consumer Product
Safety Commission (CPSC) is proposing changes to one system of records
notice (SORN). CPSC is proposing to amend CPSC 23--Equal Employment
Opportunity (EEO) Disability/Accommodation Files. The amendment will
expand the authorities for maintenance of the system, the purposes of
the system, the categories of individuals covered by the system, the
record source categories, and the records contained in the system, to
include records of requests for accommodation based on sincerely held
religious beliefs, practices, or observances.
DATES: Comments must be received no later than January 19, 2022. The
modified system of records described here will become effective January
19, 2022.
ADDRESSES: Comments, identified by Docket No. CPSC-2021-0035, can be
submitted electronically or in writing:
Electronic Submissions: Submit electronic comments to the Federal
eRulemaking Portal at: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the
instructions for submitting comments. CPSC does not accept comments
submitted by electronic mail (email), except through
<a href="http://www.regulations.gov">www.regulations.gov</a>. CPSC encourages you to submit electronic comments
by using the Federal eRulemaking Portal, described above.
Written Submissions: Submit written submissions by Mail/Hand
delivery/Courier (for paper, disk, or CD-ROM submissions) to the Office
of the General Counsel, Division of the Secretariat, Consumer Product
Safety Commission, 4330 East West Highway, Bethesda, MD 20814;
telephone: (800) 638-2772.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. All comments received will be
posted without change to: <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any
personal information provided. Do not submit electronically any
confidential business information, trade secret information, or other
sensitive or protected information that you do not want to be available
to the public. If you wish to provide such information, please submit
it in writing.
Docket: For access to the docket to read background documents or
comments received, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a> and insert the
docket number, CPSC-2021-0034, into the ``Search'' box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT: Abioye Mosheim, Assistant General
Counsel, Consumer Product Safety Commission, Office of the General
Counsel, Division of the Secretariat, telephone 301-504-7454, 4330 East
West Highway, Bethesda MD 20814.
SUPPLEMENTARY INFORMATION: CPSC is proposing to amend the authorities
for maintenance of the system, purposes of the system, the categories
of records contained in the system, the categories of individuals
covered by the system, the record source categories, a citation in the
Routine Uses section, a citation in the Record Access Procedures
section, and a citation in the Contesting Records Procedures section of
CPSC 23--Equal Employment Opportunity (EE) Disability/Accommodation
Files.\1\
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\1\ The Commission voted unanimously (4-0) to publish this
notice.
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CPSC is updating the System Location by adding, ``U.S.'' to
agency's title. CPSC expanded the Categories of Individuals Covered by
the System beyond the Rehabilitation Act and the Americans with
Disabilities Act to include ``race, color, religion, sex (including
gender identity and pregnancy), national origin, disability, age,
genetic information, sexual orientation, parental status, and/or any
basis covered by Executive Order 11478.'' Categories of Records in the
System now includes supporting documentation, in addition to
correspondence. The Authority Section was expanded beyond the
Rehabilitation Act and the Americans with Disabilities Act to include
Title VII of the Civil Rights Act, relevant Executive Orders, and
CPSC's EEO Directive. The Purposes were expanded to cover religious
beliefs, in addition to disabilities, as well as prospective, current,
and former employees; and to provide more detail. The Routine Uses now
refer to the 12 exceptions found in the Privacy Act, as well as
additional circumstances that require sharing information with external
entities, including medical personnel, other federal agencies not
already referenced in the Privacy Act exceptions, and contractors. The
Retention section was changed to refer generally to the National
Archives and Record Administration applicable records-retention
requirements if the timeframe changes later. Other minor changes were
made, including formatting and title corrections.
CPSC sent a report to Congress and the Office of Management and
Budget for their evaluation.
For the public's convenience, CPSC's amended system of records is
published in full below, with changes italicized.
SYSTEM NAME AND NUMBER:
CPSC-23, Equal Employment Opportunity (EEO) Disability/
Accommodation Files.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Office of Equal Employment Opportunity and Minority Enterprise,
U.S. Consumer Product Safety Commission, 4330 East-West Highway,
Bethesda, MD 20814.
SYSTEM MANAGER(S):
Director, Office of Equal Employment Opportunity and Minority
Enterprise, U.S. Consumer Product Safety Commission, 4330 East-West
Highway, Bethesda, MD 20814.
[[Page 71878]]
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Executive Order 14043, Requiring Coronavirus Disease 2019
Vaccination for Federal Employees (Sept. 9, 2021), Executive Order
13991, Protecting the Federal Workforce and Requiring Mask-Wearing
(Jan. 20, 2021), Executive Order 12196, Occupational Safety and Health
Program for Federal Employees (Feb. 26, 1980), Executive Order 11478
(Aug. 8, 1969), 5 U.S.C. chapters 11 and 79, the Rehabilitation Act, 29
U.S.C. 794, the Americans with Disabilities Act, 42 U.S.C. 12101, Title
VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, and CPSC's
Directive on Equal Employment Opportunity and Procedures for Filing
Complaints of Discrimination.
PURPOSES OF THE SYSTEM:
The purposes of this system are: (1) To allow CPSC to collect and
maintain records on prospective, current, and former employees with
disabilities or sincerely held religious beliefs, practices, or
observances who requested or received reasonable accommodation by CPSC;
(2) to track and report the processing of requests for reasonable
accommodation at CPSC to comply with applicable law and regulations;
and (3) to maintain the confidentiality of medical or religious
information submitted by or on behalf of applicants or employees
requesting reasonable accommodation.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals, classes of individuals, or representatives designated
to act on behalf of CPSC employees, former employees, or applicants for
employment who have (1) consulted with an Equal Employment Opportunity
(EEO) counselor and/or (2) who have filed a formal complaint alleging
discrimination on the basis of race, color, religion, sex (including
gender identity and pregnancy), national origin, disability, age,
genetic information, sexual orientation, parental status and/or any
basis covered by Executive Order 11478, because of a determination,
decision, action, or non-action administered against them by a
departmental official, as well as individuals alleging reprisal for
having previously participated in EEO activity and/or (3) who have
filed a request for a medical or religious reasonable accommodation.
CATEGORIES OF RECORDS IN THE SYSTEM:
Correspondence and supporting documentation submitted to the
Commission to request reasonable accommodations. Records contain
information such as name, address, city, state, telephone number and
other pertinent information related to the individual's request for
reasonable accommodation.
RECORD SOURCE CATEGORIES:
Information in these records is furnished by: (1) Individual to
whom the record pertains; (2) CPSC officials; (3) affidavits or
statements from employee; (4) testimonies of witnesses; (5) official
documents relating to appeals, grievances, or complaints; (6)
correspondence from specific organizations or persons.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 552a(b), and:
1. To physicians or other medical professionals to provide them
with or obtain from them the necessary medical documentation and/or
certification for reasonable accommodation.
2. To another federal agency or commission with responsibility for
labor or employment relations or other issues, including equal
employment opportunity and reasonable accommodation issues, when that
agency or commission has jurisdiction over reasonable accommodation
issues.
3. To the Office of Management and Budget (OMB), Department of
Labor (DOL), Office of Personnel Management (OPM), Equal Employment
Opportunity Commission (EEOC), or Office of Special Counsel (OSC) to
obtain advice regarding statutory, regulatory, policy, and other
requirements related to reasonable accommodations.
4. To appropriate third-parties contracted by the Agency to
facilitate mediation or other dispute resolution procedures or
programs.
5. To the Department of Defense (DOD) for purposes of procuring
assistive technologies and services through the Computer/Electronic
Accommodation Program in response to a request for reasonable
accommodation.
6. To appropriate agencies, entities, and persons when (1) CPSC
suspects or has confirmed that there has been a breach of the system of
records, (2) CPSC has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, CPSC
(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 CPSC's efforts to respond to the suspected or
confirmed breach or to prevent, minimize, or remedy such harm.
7. To another Federal agency or Federal entity, when CPSC
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.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records will be maintained in hard copy in file folders or on
computer disk/drive.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records will be indexed and retrieved by name.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained and destroyed in accordance with the
National Archives and Record Administration's (NARA) Basic Laws and
Authorities (44 U.S.C. 3301, et seq.) or a CPSC records disposition
schedule approved by NARA. Records existing on paper are destroyed
beyond recognition.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Records are maintained in locked/password protected files in a
secured environment; access is limited to those persons whose official
duties require such access.
RECORD ACCESS PROCEDURES:
CPSC's access and amendment regulations are found at 16 CFR part
1014. Inquiries should be sent to CPSC's Chief FOIA Officer, Office of
the General Counsel, Division of the Secretariat, U.S. Consumer Product
Safety Commission, 4330 East West Highway, Bethesda, MD 20814.
CONTESTING RECORD PROCEDURES:
Same as notification.
NOTIFICATION PROCEDURES:
Same as notification.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
CPSC-23, Equal Employment Opportunity (EEO) Disability/
[[Page 71879]]
Accommodation files (last published at 77 FR 29596 (May 18, 2012)).
Dated: December 14, 2021.
Alberta Mills,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2021-27438 Filed 12-17-21; 8:45 am]
BILLING CODE 6355-01-P
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</html>Indexed from Federal Register on December 20, 2021.
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.