Notice2024-11625
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
May 28, 2024
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 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 Uses will be accepted on or before June 27, 2024. The Routine Uses are effective at the close of the comment period.
Full Text
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<title>Federal Register, Volume 89 Issue 103 (Tuesday, May 28, 2024)</title>
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[Federal Register Volume 89, Number 103 (Tuesday, May 28, 2024)]
[Notices]
[Pages 46115-46117]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11625]
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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 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
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:
<bullet> Email: <a href="/cdn-cgi/l/email-protection#3f6f4d56495e5c467e5c4b7f59524c574d5c11585049"><span class="__cf_email__" data-cfemail="ca9ab8a3bcaba9b38ba9be8aaca7b9a2b8a9e4ada5bc">[email protected]</span></a>. Include ``PRIVACY ACT SYSTEM
OF RECORDS FMSHRC-07'' in the subject line of the message.
<bullet> 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
<a href="/cdn-cgi/l/email-protection#376470525845505277515a445f455419505841"><span class="__cf_email__" data-cfemail="d58692b0baa7b2b095b3b8a6bda7b6fbb2baa3">[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, 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.
SECURITY CLASSIFICATION:
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. <a href="/cdn-cgi/l/email-protection#19496b706f787a60587a6d597f746a716b7a377e766f"><span class="__cf_email__" data-cfemail="1f4f6d76697e7c665e7c6b5f79726c776d7c31787069">[email protected]</span></a>, (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.
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
[[Page 46116]]
particular requests; and submitters or subjects of records or
information that have provided assistance to the Commission in making
access or amendment determinations.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those 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 as a routine use, as defined by
5 U.S.C. 552a(a)(7), pursuant to 5 U.S.C. 552a(b)(3), under the
circumstances described below:
1. To a federal, state, or local agency or entity for the purpose
of: (a) consulting with that agency or entity to enable the Commission
to make a determination as to the propriety of access to or correction
of information; (b) verifying the identity of an individual or the
accuracy of information submitted by an individual who has requested
access to or amendment of information; or (c) processing payment of
fees associated with Privacy Act requests.
2. 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 or correction of the record or
information; or (b) providing guidance or advice regarding the handling
of particular requests.
3. To a third party authorized, in writing, to receive such
information by the individual who is the subject of the record in order
to obtain assistance for the Commission in making a determination as to
access or amendment.
4. To the public pursuant to the provisions of the Freedom of
Information Act (FOIA), 5 U.S.C. 552, and 29 CFR part 2702, unless it
is determined that release of the information in the context of a
particular case would constitute an unwarranted invasion of personal
privacy.
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 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.
7. To the Office of Management and Budget or the Office of
Information and Regulatory Affairs for the purpose of obtaining its
advice on Privacy Act matters.
8. 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.
9. To contractors, experts, consultants, the agents thereof, and
others performing or working on a contract, service, cooperative
agreement, or other assignment for FMSHRC, 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 of disclosure as are
applicable to FMSHRC officers and employees.
10. 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 making the disclosure.
11. To the Department of Justice, FMSHRC's outside counsel, other
federal agencies conducting litigation, or in proceedings before any
court, adjudicative or administrative body, when (a) FMSHRC, or (b) any
employee of FMSHRC in his or her official capacity, or (c) any employee
of FMSHRC in his or her individual capacity where the Department of
Justice or FMSHRC 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 FMSHRC determines that the
records are both relevant and necessary to the litigation.
12. In an appropriate proceeding before a court, grand jury, or
administrative or adjudicative body, when FMSHRC 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.
13. To respond to subpoenas, specifically approved by a court, in
any litigation or other proceeding, and FMSHRC 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 FMSHRC
collected the records.
14. 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 FMSHRC program;
(b) for the purpose of verifying the identity of an individual seeking
redress in connection with the operations of a FMSHRC program; or (c)
for the information submitted by an individual who has requested such
redress on behalf of another individual.
15. 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.
16.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.
17.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.
18.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.
[[Page 46117]]
19.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 servers as well as in secured FedRAMP-certified cloud
environments. 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
requestor's or appellant's name, date, and the subject of the request.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records in this system are retained and disposed of in accordance
with the General Records Schedules issued by the National Archives and
Records Administration.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL 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.
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 PROCEDURE:
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 CLAIMED FOR THE SYSTEM:
None.
HISTORY:
None.
Dated: April 5, 2024.
Stacey George,
Chief FOIA Officer and Acting Senior Agency Official for Privacy,
Federal Mine Safety and Health Review Commission.
[FR Doc. 2024-11625 Filed 5-24-24; 8:45 am]
BILLING CODE 6735-01-P
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</html>Indexed from Federal Register on May 28, 2024.
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.