Rule2024-07323
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
April 9, 2024
Effective
June 10, 2024
Issuing agencies
National Labor Relations Board
Abstract
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 If such comments are received, this direct final rule will be withdrawn and a proposed rule for comments will be published.
Full Text
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<title>Federal Register, Volume 89 Issue 69 (Tuesday, April 9, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-07323]
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NATIONAL LABOR RELATIONS BOARD
29 CFR Part 102
Privacy Act of 1974; System of Records
AGENCY: National Labor Relations Board.
ACTION: Direct final rule.
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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received, this direct final rule will be withdrawn and a proposed rule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 <a href="/cdn-cgi/l/email-protection#6313110a1502001a230d0f11014d040c15"><span class="__cf_email__" data-cfemail="79090b100f181a003917150b1b571e160f">[email protected]</span></a>. Comments may also be
submitted electronically through <a href="http://www.regulations.gov">http://www.regulations.gov</a>, 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, <a href="/cdn-cgi/l/email-protection#7c0c0e150a1d1f053c12100e1e521b130a"><span class="__cf_email__" data-cfemail="0d7d7f647b6c6e744d63617f6f236a627b">[email protected]</span></a>.
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
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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:
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a. Removing and reserving paragraphs (k) and (l);
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b. Revising paragraph (m); and
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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
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