83 FR 32331 - Privacy Act of 1974; System of Records

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

Federal Register Volume 83, Issue 134 (July 12, 2018)

In accordance with the Privacy Act of 1974, as amended, the Occupational Safety and Health Review Commission (OSHRC) is revising the notice for Privacy Act system-of-records OSHRC-3.

[Federal Register Volume 83, Number 134 (Thursday, July 12, 2018)]
[Notices]
[Pages 32331-32333]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14878]


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OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION


Privacy Act of 1974; System of Records

AGENCY: Occupational Safety and Health Review Commission.

ACTION: Notice of a Modified System of Records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended, the 
Occupational Safety and Health Review Commission (OSHRC) is revising 
the notice for Privacy Act system-of-records OSHRC-3.

DATES: Comments must be received by OSHRC on or before August 13, 2018.

[[Page 32332]]

The revised system of records will become effective on that date, 
without any further notice in the Federal Register, unless comments or 
government approval procedures necessitate otherwise.

ADDRESSES: You may submit comments by any of the following methods:
     Email: [email protected]. Include ``PRIVACY ACT SYSTEM OF 
RECORDS'' in the subject line of the message.
     Fax: (202) 606-5417.
     Mail: One Lafayette Centre, 1120 20th Street NW, Ninth 
Floor, Washington, DC 20036-3457.
     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: Ron Bailey, Attorney-Advisor, Office 
of the General Counsel, via telephone at (202) 606-5410, or via email 
at [email protected].

SUPPLEMENTARY INFORMATION: The Privacy Act of 1974, 5 U.S.C. 
552a(e)(4), requires federal agencies such as OSHRC to publish in the 
Federal Register notice of any new or modified system of records. As 
detailed below, OSHRC is revising Public Transportation Benefit Program 
Records, OSHRC-3, to revise the system's name; account for changes in 
the names of the pertinent office and positions within the agency; 
revise the categories of records maintained; and update the reference 
to the applicable General Records Schedule for disposal of records. In 
addition, OSHRC in the past has relied on blanket routine uses to 
describe the circumstances under which records may be disclosed. Going 
forward, as revised notices are published for new and modified systems 
of records, a full description of the routine uses--rather than a 
reference to blanket routine uses--will be included in each notice. 
This is simply a change in format, however, and has not resulted in any 
substantive changes to the routine uses for this system of records.
    The notice for OSHRC-3, provided below in its entirety, is as 
follows.
SYSTEM NAME AND NUMBER
    Transportation Subsidy Program Records, OSHRC-3.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    Office of the Executive Director, OSHRC, 1120 20th Street NW, Ninth 
Floor, Washington, DC 20036-3457; Atlanta Office, 100 Alabama Street, 
Room 2R90, Atlanta, GA 30303-3104.

SYSTEM MANAGER(S):
    Support Services Specialist, Office of the Executive Director, 
OSHRC, 1120 20th Street NW, Ninth Floor, Washington, DC 20036-3457; 
(202) 606-5100. Lead Legal Assistant, Atlanta Office, 100 Alabama 
Street, Room 2R90, Atlanta, GA 30303-3104; (404) 562-1640.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    29 U.S.C. 661; Executive Order 13150.

PURPOSE(S) OF THE SYSTEM:
    This system of records is maintained for the purpose of documenting 
an employee's participation in the Transportation Subsidy Program.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system of records covers all current and former employees who 
are, or were, enrolled in the Transportation Subsidy Program.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system of records includes information submitted by current 
and former participants via the OSHRC Transportation Subsidy Program 
Application. This form contains the employee's name and home address. 
The system also contains a Pre-tax Transportation Program Application 
which includes the employee's name and the last four digits of his or 
her social security number. Lastly, the system includes a SmartTrip 
form with the employee's name.

RECORD SOURCE CATEGORIES:
    Information in this system of records comes from applicants to, and 
current and former participants in, the Transportation Subsidy Program.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND 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 as a routine use 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 the Department of Justice (DOJ), or to a court or 
adjudicative body before which OSHRC is authorized to appear, when any 
of the following entities or individuals--(a) OSHRC, or any of its 
components; (b) any employee of OSHRC in his or her official capacity; 
(c) any employee of OSHRC in his or her individual capacity where DOJ 
(or OSHRC where it is authorized to do so) has agreed to represent the 
employee; or (d) the United States, where OSHRC determines that 
litigation is likely to affect OSHRC or any of its components--is a 
party to litigation or has an interest in such litigation, and OSHRC 
determines that the use of such records by DOJ, or by a court or other 
tribunal, or another party before such tribunal, is relevant and 
necessary to the litigation.
    (2) To an appropriate agency, whether federal, state, local, or 
foreign, charged with investigating or prosecuting a violation or 
enforcing or implementing a law, rule, regulation, or order, when a 
record, either on its face or in conjunction with other information, 
indicates a violation or potential violation of law, which includes 
civil, criminal or regulatory violations, and such disclosure is proper 
and consistent with the official duties of the person making the 
disclosure.
    (3) To a federal, state, or local agency maintaining civil, 
criminal or other relevant enforcement information, such as current 
licenses, if necessary to obtain information relevant to an OSHRC 
decision concerning the hiring, appointment, or retention 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, 
grant or other benefit.
    (4) To a federal, state, or local agency, in response to that 
agency's request for a record, and only to the extent that the 
information is relevant and necessary to the requesting agency's 
decision in the matter, if the record is sought in connection with the 
hiring, appointment, or retention 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, grant or other benefit by the 
requesting agency.
    (5) To an authorized appeal grievance examiner, formal complaints 
manager, equal employment opportunity investigator, arbitrator, or 
other duly authorized official engaged in investigation or settlement 
of a grievance, complaint, or appeal filed by an employee, only to the 
extent that the

[[Page 32333]]

information is relevant and necessary to the case or matter.
    (6) To OPM in accordance with the agency's responsibilities for 
evaluation and oversight of federal personnel management.
    (7) To officers and employees of a federal agency for the purpose 
of conducting an audit, but only to the extent that the record is 
relevant and necessary to this purpose.
    (8) To OMB in connection with the review of private relief 
legislation at any stage of the legislative coordination and clearance 
process, as set forth in Circular No. A-19.
    (9) To a Member of Congress or to a person on his or her staff 
acting on the Member's behalf when a written request is made on behalf 
and at the behest of the individual who is the subject of the record.
    (10) To the National Archives and Records Administration (NARA) for 
records management inspections and such other purposes conducted under 
the authority of 44 U.S.C. 2904 and 2906.
    (11) To appropriate agencies, entities, and persons when: (a) OSHRC 
suspects or has confirmed that there has been a breach of the system of 
records; (b) OSHRC has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, OSHRC, 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 OSHRC's efforts to respond to the suspected 
or confirmed breach or to prevent, minimize, or remedy such harm.
    (12) To NARA, 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 FOIA, and to facilitate OGIS' offering of mediation 
services to resolve disputes between persons making FOIA requests and 
administrative agencies.
    (13) To another federal agency or federal entity, when OSHRC 
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.
    (14) To other federal agencies to effect salary or administrative 
offsets, or for other purposes connected with the collection of debts 
owed to the United States, pursuant to sections 5 and 10 of the Debt 
Collection Act of 1982, as amended by the Debt Collection Improvement 
Act of 1996.
    (15) To other federal, state, local or foreign agencies conducting 
computer matching programs to help eliminate fraud and abuse and to 
detect unauthorized overpayments made to individuals. When disclosures 
are made as part of computer matching programs, OSHRC will comply with 
the Computer Matching and Privacy Protection Act of 1988, and the 
Computer Matching and Privacy Protections Amendments of 1990.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are stored on paper in locked file cabinets.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Paper records can be retrieved manually by name.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are retained and disposed of in accordance with NARA's 
General Records Schedule 2.4, Items 130 and 131.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Paper records are maintained in locked file cabinets. Access to the 
cabinets is limited to personnel having a need for access to perform 
their official functions.

RECORD ACCESS PROCEDURES:
    Individuals who wish to gain access to their records should notify: 
Privacy Officer, OSHRC, 1120 20th Street NW, Ninth Floor, Washington, 
DC 20036-3457. For an explanation on how such requests should be 
drafted, refer to 29 CFR 2400.6 (procedures for requesting records).

CONTESTING RECORD PROCEDURES:
    Individuals who wish to contest their records should notify: 
Privacy Officer, OSHRC, 1120 20th Street NW, Ninth Floor, Washington, 
DC 20036-3457. For an explanation on the specific procedures for 
contesting the contents of a record, refer to 29 CFR 2400.8 (Procedures 
for requesting amendment), and 29 CFR 2400.9 (Procedures for 
appealing).

NOTIFICATION PROCEDURES:
    Individuals interested in inquiring about their records should 
notify: Privacy Officer, OSHRC, 1120 20th Street NW, Ninth Floor, 
Washington, DC 20036-3457. For an explanation on how such requests 
should be drafted, refer to 29 CFR 2400.5 (notification), and 29 CFR 
2400.6 (procedures for requesting records).

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    April 14, 2006, 71 FR 19556; August 4, 2008, 73 FR 45256; October 
5, 2015, 80 FR 60182; and September 28, 2017, 82 FR 45324.

    Dated: July 5, 2018.
Nadine N. Mancini,
General Counsel, Senior Agency Official for Privacy.
[FR Doc. 2018-14878 Filed 7-11-18; 8:45 am]
 BILLING CODE 7600-01-P