83_FR_62860 83 FR 62627 - Privacy Act of 1974; System of Records

83 FR 62627 - Privacy Act of 1974; System of Records

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

Federal Register Volume 83, Issue 233 (December 4, 2018)

Page Range62627-62629
FR Document2018-26276

In accordance with the Privacy Act of 1974, the Occupational Safety and Health Review Commission (OSHRC) is revising the notice for Privacy Act system-of-records OSHRC-10.

Federal Register, Volume 83 Issue 233 (Tuesday, December 4, 2018)
[Federal Register Volume 83, Number 233 (Tuesday, December 4, 2018)]
[Notices]
[Pages 62627-62629]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26276]



[[Page 62627]]

=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Privacy Act of 1974, the Occupational 
Safety and Health Review Commission (OSHRC) is revising the notice for 
Privacy Act system-of-records OSHRC-10.

DATES: Comments must be received by OSHRC on or before January 3, 2019. 
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: oshrc.gov">[email protected]oshrc.gov. 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 oshrc.gov">[email protected]oshrc.gov.

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. OSHRC 
is revising the name of OSHRC-10--currently ``Database of Commission 
and ALJ Decisions on OSHRC website''--to ``Database of Commission and 
ALJ Decisions, and other case-related documents, on OSHRC website.'' 
The purpose of this revision is to reflect that, in addition to 
Commission and Administrative Law Judge (ALJ) decisions, other case-
related materials are posted on oshrc.gov, mostly on the e-FOIA Reading 
Room and Open Government web pages. Also, through OSHRC's website, 
members of the public may subscribe to ``E-Alerts,'' a service which 
provides updates via the individual's email when new information is 
posted on the website, including Commission and ALJ decisions and 
documents on the Open Government web page. This system, therefore, 
maintains a listing of the names of individuals who subscribe to this 
service and their email addresses. In addition, the system location, 
storage location and safeguards, and the retention and disposal policy 
have been revised to account for a new web server location--
Americaneagle.com. Further, the system manager has been revised to 
account for a change in the name of the pertinent position within the 
agency.
    Finally, OSHRC has previously 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. 
With one exception, this is simply a change in format that has not 
resulted in any substantive changes to the routine uses for this system 
of records. The one substantive change is the revision to a routine use 
that permits disclosure of records to the Government Printing Office to 
allow for publication of decisions on the Commission's website. With 
the change in web server location and the expansion of documents posted 
on oshrc.gov, this routine use has been revised to allow for disclosure 
of Commission and ALJ decisions, and case-related documents, to 
Americaneagle.com.
    Finally, due to a previous rescission of a system-of-records 
notice, OSHRC-8 currently has no system of records assigned to it. 
OSHRC-10 is thus being renumbered as OSHRC-8.
    The notice for OSHRC-8, provided below in its entirety, is as 
follows.

SYSTEM NAME AND NUMBER:
    Database of Commission and ALJ Decisions, and Other Case-Related 
Documents, on OSHRC website, OSHRC-8.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records are located on a web server at Americaneagle.com, 2600 
South River Road, DES Plaines, IL 60018. The Office of the Executive 
Director is responsible for the records in this system. The office is 
located at 1120 20th Street NW, Ninth Floor, Washington, DC 20036-3457.

SYSTEM MANAGER(S):
    Supervisory Information Technology Specialist, OSHRC, 1120 20th 
Street NW, Ninth Floor, Washington, DC 20036-3457; (202) 606-5100.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 552; 29 U.S.C. 661(g); OMB Memorandum M-10-06; OMB 
Memorandum M-16-16.

PURPOSE(S) OF THE SYSTEM:
    This system of records is maintained in order to make Commission 
and ALJ decisions, as well as other case-related documents, more 
accessible to the public and agency employees.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system of records covers all individuals referenced and 
described in Commission and ALJ decisions, and other case-related 
documents posted on OSHRC's website, including sole proprietors who 
were cited by OSHA, employees and other witnesses, attorney and non-
attorney representatives of each party, and the Commissioners and ALJs. 
This system also covers individuals who subscribe to ``E-Alerts'' on 
OSHRC's website.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system of records includes final decisions issued by the 
Commission since 1972, and final decisions issued by the ALJs since 
1993. This system also includes documents posted on OSHRC's Open 
Government web page, including select orders issued by ALJs and the 
Commission, briefing notices issued since 2010, listings of new cases 
received since 2010, and monthly docket reports issued since 2010. In 
addition, this system includes certain documents posted in OSHRC's e-
FOIA Reading Room, including case filings in select Commission cases. 
The documents may contain the following information: (1) The names and 
locations (city and state) of the individuals representing each party; 
(2) the names of sole proprietors cited by OSHA, as well as employees 
and other witnesses, and information describing those individuals, 
including job title and duties, medical history, and other descriptive 
information that is relevant to the disposition of a case; and (3) the 
names and job titles of the Commissioners and ALJs. Finally, this 
system includes a separate database that contains the names and email 
addresses of those individuals who subscribe to ``E-Alerts.''

RECORD SOURCE CATEGORIES:
    Information in this system of records is derived from case records 
that are

[[Page 62628]]

developed during litigation before the Commission and/or the ALJs and, 
thus, the information may come from individuals who are the subjects of 
the records or from other sources. Information--names and email 
addresses--also comes from individuals who subscribe to ``E-Alerts.''

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 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 the public, via OSHRC's website, pursuant to 29 U.S.C. 
661(g), which states that ``[e]very official act of the Commission 
shall be entered of record, and its hearings and records shall be open 
to the public.'' Only personal information that is relevant and 
necessary to the disposition of OSHRC cases will be included in these 
decisions.
    (15) To Americaneagle.com to make certain that decisions published 
on OSHRC's website are current.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are stored on a web server located at Americaneagle.com.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are listed on OSHRC's website by case name, docket number, 
and date, and can also be retrieved by using the search engine on the 
website's homepage to conduct a simplified Boolean search. Records are 
also retrievable by the names and email addresses of those who 
subscribe to ``E-Alerts.''

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are retained and disposed of in accordance with OSHRC 
Records Control Schedule N1-455-11-003.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    OSHRC requests updates for its website through a secure portal 
which in turn updates a queue for posting by Americaneagle.com. 
Americaneagle.com secures information on the web server in accordance 
with federal standards. Access to the names and

[[Page 62629]]

email addresses of those who subscribe to ``E-Alerts'' is limited to 
system administrators.

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:
    September 24, 2007, 72 FR 54301; August 4, 2008, 73 FR 45256; 
October 5, 2015, 80 FR 60182; and September 28, 2017, 82 FR 45324.

    Dated: November 26, 2018.
Nadine N. Mancini,
General Counsel, Senior Agency Official for Privacy.
[FR Doc. 2018-26276 Filed 12-3-18; 8:45 am]
BILLING CODE 7600-01-P



                                 Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Notices                                            62627

     OCCUPATIONAL SAFETY AND                                 service which provides updates via the                SYSTEM MANAGER(S):
     HEALTH REVIEW COMMISSION                                individual’s email when new                             Supervisory Information Technology
                                                             information is posted on the website,                 Specialist, OSHRC, 1120 20th Street
     Privacy Act of 1974; System of                          including Commission and ALJ                          NW, Ninth Floor, Washington, DC
     Records                                                 decisions and documents on the Open                   20036–3457; (202) 606–5100.
                                                             Government web page. This system,
     AGENCY:  Occupational Safety and Health                                                                       AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
                                                             therefore, maintains a listing of the
     Review Commission.                                                                                             5 U.S.C. 552; 29 U.S.C. 661(g); OMB
                                                             names of individuals who subscribe to
     ACTION: Notice of a Modified System of                  this service and their email addresses.               Memorandum M–10–06; OMB
     Records.                                                In addition, the system location, storage             Memorandum M–16–16.
     SUMMARY:    In accordance with the                      location and safeguards, and the                      PURPOSE(S) OF THE SYSTEM:
     Privacy Act of 1974, the Occupational                   retention and disposal policy have been                 This system of records is maintained
     Safety and Health Review Commission                     revised to account for a new web server               in order to make Commission and ALJ
     (OSHRC) is revising the notice for                      location—Americaneagle.com. Further,                  decisions, as well as other case-related
     Privacy Act system-of-records OSHRC–                    the system manager has been revised to                documents, more accessible to the
     10.                                                     account for a change in the name of the               public and agency employees.
                                                             pertinent position within the agency.
     DATES: Comments must be received by                                                                           CATEGORIES OF INDIVIDUALS COVERED BY THE
                                                               Finally, OSHRC has previously relied
     OSHRC on or before January 3, 2019.                                                                           SYSTEM:
                                                             on blanket routine uses to describe the
     The revised system of records will                                                                              This system of records covers all
                                                             circumstances under which records may
     become effective on that date, without                                                                        individuals referenced and described in
                                                             be disclosed. Going forward, as revised
     any further notice in the Federal                                                                             Commission and ALJ decisions, and
                                                             notices are published for new and
     Register, unless comments or                                                                                  other case-related documents posted on
                                                             modified systems of records, a full
     government approval procedures                                                                                OSHRC’s website, including sole
                                                             description of the routine uses—rather
     necessitate otherwise.                                                                                        proprietors who were cited by OSHA,
                                                             than a reference to blanket routine
     ADDRESSES: You may submit comments                      uses—will be included in each notice.                 employees and other witnesses, attorney
     by any of the following methods:                        With one exception, this is simply a                  and non-attorney representatives of each
        • Email: rbailey@oshrc.gov. Include                  change in format that has not resulted                party, and the Commissioners and ALJs.
     ‘‘PRIVACY ACT SYSTEM OF                                 in any substantive changes to the                     This system also covers individuals who
     RECORDS’’ in the subject line of the                    routine uses for this system of records.              subscribe to ‘‘E-Alerts’’ on OSHRC’s
     message.                                                The one substantive change is the                     website.
        • Fax: (202) 606–5417.                               revision to a routine use that permits
        • Mail: One Lafayette Centre, 1120                   disclosure of records to the Government
                                                                                                                   CATEGORIES OF RECORDS IN THE SYSTEM:
     20th Street NW, Ninth Floor,                                                                                     This system of records includes final
                                                             Printing Office to allow for publication
     Washington, DC 20036–3457.                                                                                    decisions issued by the Commission
                                                             of decisions on the Commission’s
        • Hand Delivery/Courier: same as                     website. With the change in web server
                                                                                                                   since 1972, and final decisions issued
     mailing address.                                                                                              by the ALJs since 1993. This system also
                                                             location and the expansion of
        Instructions: All submissions must                                                                         includes documents posted on OSHRC’s
                                                             documents posted on oshrc.gov, this
     include your name, return address, and                                                                        Open Government web page, including
                                                             routine use has been revised to allow for
     email address, if applicable. Please                                                                          select orders issued by ALJs and the
                                                             disclosure of Commission and ALJ
     clearly label submissions as ‘‘PRIVACY                                                                        Commission, briefing notices issued
                                                             decisions, and case-related documents,
     ACT SYSTEM OF RECORDS.’’                                                                                      since 2010, listings of new cases
                                                             to Americaneagle.com.
     FOR FURTHER INFORMATION CONTACT: Ron                                                                          received since 2010, and monthly
                                                               Finally, due to a previous rescission               docket reports issued since 2010. In
     Bailey, Attorney-Advisor, Office of the                 of a system-of-records notice, OSHRC–8
     General Counsel, via telephone at (202)                                                                       addition, this system includes certain
                                                             currently has no system of records                    documents posted in OSHRC’s e-FOIA
     606–5410, or via email at rbailey@                      assigned to it. OSHRC–10 is thus being
     oshrc.gov.                                                                                                    Reading Room, including case filings in
                                                             renumbered as OSHRC–8.                                select Commission cases. The
     SUPPLEMENTARY INFORMATION:      The                       The notice for OSHRC–8, provided                    documents may contain the following
     Privacy Act of 1974, 5 U.S.C. 552a(e)(4),               below in its entirety, is as follows.                 information: (1) The names and
     requires federal agencies such as                                                                             locations (city and state) of the
     OSHRC to publish in the Federal                         SYSTEM NAME AND NUMBER:
                                                                                                                   individuals representing each party; (2)
     Register notice of any new or modified                    Database of Commission and ALJ                      the names of sole proprietors cited by
     system of records. OSHRC is revising                    Decisions, and Other Case-Related                     OSHA, as well as employees and other
     the name of OSHRC–10—currently                          Documents, on OSHRC website,                          witnesses, and information describing
     ‘‘Database of Commission and ALJ                        OSHRC–8.                                              those individuals, including job title
     Decisions on OSHRC website’’—to                                                                               and duties, medical history, and other
     ‘‘Database of Commission and ALJ                        SECURITY CLASSIFICATION:
                                                                                                                   descriptive information that is relevant
     Decisions, and other case-related                         Unclassified.                                       to the disposition of a case; and (3) the
     documents, on OSHRC website.’’ The                                                                            names and job titles of the
     purpose of this revision is to reflect that,            SYSTEM LOCATION:
                                                                                                                   Commissioners and ALJs. Finally, this
     in addition to Commission and                              Records are located on a web server                system includes a separate database that
     Administrative Law Judge (ALJ)                          at Americaneagle.com, 2600 South                      contains the names and email addresses
     decisions, other case-related materials                 River Road, DES Plaines, IL 60018. The                of those individuals who subscribe to
     are posted on oshrc.gov, mostly on the                  Office of the Executive Director is                   ‘‘E-Alerts.’’
     e-FOIA Reading Room and Open                            responsible for the records in this
     Government web pages. Also, through                     system. The office is located at 1120                 RECORD SOURCE CATEGORIES:
     OSHRC’s website, members of the                         20th Street NW, Ninth Floor,                             Information in this system of records
     public may subscribe to ‘‘E-Alerts,’’ a                 Washington, DC 20036–3457.                            is derived from case records that are


VerDate Sep<11>2014   17:36 Dec 03, 2018   Jkt 247001   PO 00000   Frm 00068   Fmt 4703   Sfmt 4703   E:\FR\FM\04DEN1.SGM   04DEN1


     62628                       Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Notices

     developed during litigation before the                  contract; or the issuance of a license,                 (12) To NARA, Office of Government
     Commission and/or the ALJs and, thus,                   grant or other benefit.                               Information Services (OGIS), to the
     the information may come from                              (4) To a federal, state, or local agency,          extent necessary to fulfill its
     individuals who are the subjects of the                 in response to that agency’s request for              responsibilities in 5 U.S.C. 552(h), to
     records or from other sources.                          a record, and only to the extent that the             review administrative agency policies,
     Information—names and email                             information is relevant and necessary to              procedures and compliance with FOIA,
     addresses—also comes from individuals                   the requesting agency’s decision in the               and to facilitate OGIS’ offering of
     who subscribe to ‘‘E-Alerts.’’                          matter, if the record is sought in                    mediation services to resolve disputes
                                                             connection with the hiring,                           between persons making FOIA requests
     ROUTINE USES OF RECORDS MAINTAINED IN THE               appointment, or retention of an                       and administrative agencies.
     SYSTEM, INCLUDING CATEGORIES OF USERS AND                                                                       (13) To another federal agency or
                                                             employee; the issuance, renewal,
     PURPOSES OF SUCH USES:
                                                             suspension, or revocation of a security               federal entity, when OSHRC determines
        In addition to disclosures generally                 clearance; the execution of a security or             that information from this system of
     permitted under 5 U.S.C. 552a(b), all or                suitability investigation; the letting of a           records is reasonably necessary to assist
     a portion of the records or information                 contract; or the issuance of a license,               the recipient agency or entity in (a)
     contained in this system of records may                 grant or other benefit by the requesting              responding to a suspected or confirmed
     be disclosed as a routine use pursuant                  agency.                                               breach or (b) preventing, minimizing, or
     to 5 U.S.C. 552a(b)(3) under the                           (5) To an authorized appeal grievance              remedying the risk of harm to
     circumstances or for the purposes                       examiner, formal complaints manager,                  individuals, the recipient agency or
     described below, to the extent such                     equal employment opportunity                          entity (including its information
     disclosures are compatible with the                     investigator, arbitrator, or other duly               systems, programs, and operations), the
     purposes for which the information was                  authorized official engaged in                        Federal Government, or national
     collected:                                              investigation or settlement of a                      security, resulting from a suspected or
        (1) To the Department of Justice (DOJ),              grievance, complaint, or appeal filed by              confirmed breach.
     or to a court or adjudicative body before               an employee, only to the extent that the                (14) To the public, via OSHRC’s
     which OSHRC is authorized to appear,                    information is relevant and necessary to              website, pursuant to 29 U.S.C. 661(g),
     when any of the following entities or                   the case or matter.                                   which states that ‘‘[e]very official act of
     individuals—(a) OSHRC, or any of its                       (6) To OPM in accordance with the                  the Commission shall be entered of
     components; (b) any employee of                         agency’s responsibilities for evaluation              record, and its hearings and records
     OSHRC in his or her official capacity;                  and oversight of federal personnel                    shall be open to the public.’’ Only
     (c) any employee of OSHRC in his or her                 management.                                           personal information that is relevant
     individual capacity where DOJ (or                          (7) To officers and employees of a                 and necessary to the disposition of
     OSHRC where it is authorized to do so)                  federal agency for the purpose of                     OSHRC cases will be included in these
     has agreed to represent the employee; or                conducting an audit, but only to the                  decisions.
     (d) the United States, where OSHRC                      extent that the record is relevant and                  (15) To Americaneagle.com to make
     determines that litigation is likely to                 necessary to this purpose.                            certain that decisions published on
     affect OSHRC or any of its                                 (8) To OMB in connection with the                  OSHRC’s website are current.
     components—is a party to litigation or                  review of private relief legislation at any           POLICIES AND PRACTICES FOR STORAGE OF
     has an interest in such litigation, and                 stage of the legislative coordination and             RECORDS:
     OSHRC determines that the use of such                   clearance process, as set forth in                      Records are stored on a web server
     records by DOJ, or by a court or other                  Circular No. A–19.                                    located at Americaneagle.com.
     tribunal, or another party before such                     (9) To a Member of Congress or to a
     tribunal, is relevant and necessary to the              person on his or her staff acting on the              POLICIES AND PRACTICES FOR RETRIEVAL OF
     litigation.                                             Member’s behalf when a written request                RECORDS:
        (2) To an appropriate agency, whether                is made on behalf and at the behest of                  Records are listed on OSHRC’s
     federal, state, local, or foreign, charged              the individual who is the subject of the              website by case name, docket number,
     with investigating or prosecuting a                     record.                                               and date, and can also be retrieved by
     violation or enforcing or implementing                     (10) To the National Archives and                  using the search engine on the website’s
     a law, rule, regulation, or order, when                 Records Administration (NARA) for                     homepage to conduct a simplified
     a record, either on its face or in                      records management inspections and                    Boolean search. Records are also
     conjunction with other information,                     such other purposes conducted under                   retrievable by the names and email
     indicates a violation or potential                      the authority of 44 U.S.C. 2904 and                   addresses of those who subscribe to ‘‘E-
     violation of law, which includes civil,                 2906.                                                 Alerts.’’
     criminal or regulatory violations, and                     (11) To appropriate agencies, entities,            POLICIES AND PRACTICES FOR RETENTION AND
     such disclosure is proper and consistent                and persons when: (a) OSHRC suspects                  DISPOSAL OF RECORDS:
     with the official duties of the person                  or has confirmed that there has been a                  Records are retained and disposed of
     making the disclosure.                                  breach of the system of records; (b)                  in accordance with OSHRC Records
        (3) To a federal, state, or local agency             OSHRC has determined that as a result                 Control Schedule N1–455–11–003.
     maintaining civil, criminal or other                    of the suspected or confirmed breach
     relevant enforcement information, such                  there is a risk of harm to individuals,               ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
     as current licenses, if necessary to                    OSHRC, the Federal Government, or                     SAFEGUARDS:
     obtain information relevant to an                       national security; and (c) the disclosure               OSHRC requests updates for its
     OSHRC decision concerning the hiring,                   made to such agencies, entities, and                  website through a secure portal which
     appointment, or retention of an                         persons is reasonably necessary to assist             in turn updates a queue for posting by
     employee; the issuance, renewal,                        in connection with OSHRC’s efforts to                 Americaneagle.com. Americaneagle
     suspension, or revocation of a security                 respond to the suspected or confirmed                 .com secures information on the web
     clearance; the execution of a security or               breach or to prevent, minimize, or                    server in accordance with federal
     suitability investigation; the letting of a             remedy such harm.                                     standards. Access to the names and


VerDate Sep<11>2014   17:36 Dec 03, 2018   Jkt 247001   PO 00000   Frm 00069   Fmt 4703   Sfmt 4703   E:\FR\FM\04DEN1.SGM   04DEN1


                                 Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Notices                                          62629

     email addresses of those who subscribe                  Paperwork Reduction Act, a collection                 title IV, PBGC may make a coverage
     to ‘‘E-Alerts’’ is limited to system                    of information necessary for PBGC to                  determination.
     administrators.                                         determine whether a plan is covered                      The proposed form and instructions
                                                             under title IV of the Employee                        would be used by a plan sponsor or plan
     RECORD ACCESS PROCEDURES:
                                                             Retirement Security Income Act of 1974.               administrator to request a coverage
       Individuals who wish to gain access                   This notice informs the public of                     determination and would be suitable for
     to their records should notify: Privacy                 PBGC’s intent and solicits public                     all types of requests. The proposed form
     Officer, OSHRC, 1120 20th Street NW,                    comment on the collection of                          would highlight the four plan types for
     Ninth Floor, Washington, DC 20036–                      information.                                          which coverage determinations are most
     3457. For an explanation on how such                                                                          frequently requested: (1) Church plans
     requests should be drafted, refer to 29                 DATES:  Comments must be submitted on                 as listed in section 4021(b)(3) of ERISA;
     CFR 2400.6 (procedures for requesting                   or before February 4, 2019.                           (2) plans that are established and
     records).                                               ADDRESSES: Comments may be                            maintained exclusively for the benefit of
                                                             submitted by any of the following                     plan sponsors’ substantial owners as
     CONTESTING RECORD PROCEDURES:
                                                             methods:                                              listed in section 4021(b)(9); (3) plans
       Individuals who wish to contest their                   • Federal eRulemaking Portal: http://               covering, since September 2, 1974, no
     records should notify: Privacy Officer,                 www.regulations.gov. Follow the online                more than 25 active participants that are
     OSHRC, 1120 20th Street NW, Ninth                       instructions for submitting comments.                 established and maintained by
     Floor, Washington, DC 20036–3457. For                     • Email: paperwork.comments@                        professional services employers as listed
     an explanation on the specific                          pbgc.gov.                                             in section 4021(b)(13); and (4) Puerto
     procedures for contesting the contents                    • Mail or Hand Delivery: Regulatory                 Rico-based plans within the meaning of
     of a record, refer to 29 CFR 2400.8                     Affairs Division, Office of the General               section 1022(i)(1) of ERISA.
     (Procedures for requesting amendment),                  Counsel, Pension Benefit Guaranty                        PBGC needs this information
     and 29 CFR 2400.9 (Procedures for                       Corporation, 1200 K Street NW,                        collection to determine whether a plan
     appealing).                                             Washington, DC 20005–4026.                            is covered or not covered under title IV.
     NOTIFICATION PROCEDURES:                                  All submissions received must                       Information provided to PBGC would be
       Individuals interested in inquiring                   include the agency’s name (Pension                    confidential to the extent provided in
     about their records should notify:                      Benefit Guaranty Corporation, or PBGC)                the Freedom of Information Act and the
     Privacy Officer, OSHRC, 1120 20th                       and refer to the Coverage Determination               Privacy Act.
     Street NW, Ninth Floor, Washington, DC                  Request Form. All comments received                      PBGC estimates that 425 forms would
     20036–3457. For an explanation on how                   will be posted without change to                      be submitted each year. PBGC estimates
     such requests should be drafted, refer to               PBGC’s website, http://www.pbgc.gov,                  that each form would require
     29 CFR 2400.5 (notification), and 29                    including any personal information                    approximately 20 hours to complete by
     CFR 2400.6 (procedures for requesting                   provided.                                             a combination of plan office staff (50%)
     records).                                                 Copies of the collection of                         and outside professionals (attorneys and
                                                             information may also be obtained by                   actuaries) (50%). PBGC estimates an
     EXEMPTIONS PROMULGATED FOR THE SYSTEM:                  writing to Disclosure Division, Office of             annual hour burden of 4,250 hours
        None.                                                the General Counsel, Pension Benefit                  (based on plan office time). The
                                                             Guaranty Corporation, 1200 K Street                   estimated dollar equivalent of this hour
     HISTORY:
                                                             NW, Washington, DC 20005–4026, or                     burden, based on an assumed hourly
       September 24, 2007, 72 FR 54301;                      calling 202–326–4040 during normal                    rate of $75 for administrative, clerical,
     August 4, 2008, 73 FR 45256; October 5,                 business hours. TTY users may call the                and supervisory time is $318,750. PBGC
     2015, 80 FR 60182; and September 28,                    Federal relay service toll-free at 800–               estimates an annual cost burden of
     2017, 82 FR 45324.                                      877–8339 and ask to be connected to                   $1,487,500 (based on 4,250 professional
       Dated: November 26, 2018.                             202–326–4040. PBGC’s laws and                         hours assuming an average hourly rate
     Nadine N. Mancini,                                      procedures for coverage determinations                of $350).
     General Counsel, Senior Agency Official for             may be accessed on PBGC’s website at                     PBGC intends to request that OMB
     Privacy.                                                http://www.pbgc.gov.                                  approve PBGC’s use of this form for
                                                                                                                   three years. An agency may not conduct
     [FR Doc. 2018–26276 Filed 12–3–18; 8:45 am]             FOR FURTHER INFORMATION CONTACT:
                                                                                                                   or sponsor, and a person is not required
     BILLING CODE 7600–01–P                                  Melissa Rifkin (rifkin.melissa@
                                                                                                                   to respond to, a collection of
                                                             pbgc.gov), Attorney, Regulatory Affairs
                                                                                                                   information unless it displays a
                                                             Division, Office of the General Counsel,
                                                                                                                   currently valid OMB control number.
     PENSION BENEFIT GUARANTY                                Pension Benefit Guaranty Corporation,
                                                                                                                      PBGC is soliciting public comments
     CORPORATION                                             1200 K Street NW, Washington, DC
                                                                                                                   to—
                                                             20005–4026; 202–326–4400, extension                      • Evaluate whether the proposed
     Proposed Submission of Information                      6563. (TTY users may call the Federal                 collection of information is necessary
     Collection for OMB Review; Comment                      relay service toll-free at 800–877–8339               for the proper performance of the
     Request; Request for Coverage                           and ask to be connected to 202–326–                   functions of the agency, including
     Determination                                           4400, extension 6563.)                                whether the information will have
     AGENCY: Pension Benefit Guaranty                        SUPPLEMENTARY INFORMATION: PBGC                       practical utility;
     Corporation.                                            insures defined benefit pension plans                    • Evaluate the accuracy of the
     ACTION: Notice of intent to request OMB                 covered under title IV of the Employee                agency’s estimate of the burden of the
     approval of information collection.                     Retirement Income Security Act of 1974                proposed collection of information,
                                                             (ERISA). Covered plans are those                      including the validity of the
     SUMMARY:   The Pension Benefit Guaranty                 described in section 4021(a) of ERISA                 methodologies and assumptions used;
     Corporation (PBGC) intends to request                   but not those described in section                       • Enhance the quality, utility, and
     that the Office of Management and                       4021(b)(1)–(13). If a question arises                 clarity of the information to be
     Budget (OMB) approve, under the                         about whether a plan is covered under                 collected; and


VerDate Sep<11>2014   17:36 Dec 03, 2018   Jkt 247001   PO 00000   Frm 00070   Fmt 4703   Sfmt 4703   E:\FR\FM\04DEN1.SGM   04DEN1



Document Created: 2018-12-04 00:42:36
Document Modified: 2018-12-04 00:42:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of a Modified System of Records.
DatesComments must be received by OSHRC on or before January 3, 2019. 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.
ContactRon Bailey, Attorney-Advisor, Office of the General Counsel, via telephone at (202) 606-5410, or via email at [email protected]
FR Citation83 FR 62627 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR