[Federal Register Volume 60, Number 220 (Wednesday, November 15, 1995)]
[Proposed Rules]
[Pages 57372-57373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28210]



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PENSION BENEFIT GUARANTY CORPORATION

29 CFR Part 2607

RIN 1212-63


Disclosure and Amendment of Records Under the Privacy Act

AGENCY: Pension Benefit Guaranty Corporation.

ACTION: Proposed rule.

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SUMMARY: The Pension Benefit Guaranty Corporation is proposing to amend 
its regulations implementing the Privacy Act of 1974, as amended, to 
describe more accurately the exemption applicable to certain records 
maintained by the PBGC in view of changes to PBGC's Privacy Act systems 
of records. The PBGC also is proposing an amendment to increase its 
standard copying fee in view of increased costs.

DATES: Comments must be received on or before December 15, 1995.

ADDRESSES: Comments may be mailed to the Office of the General Counsel, 
Pension Benefit Guaranty Corporation, 1200 K Street, NW., Washington, 
DC 20005-4026, or hand-delivered to Suite 340 at the above address 
between 9:00 a.m. and 5:00 p.m., Monday through Friday. Comments will 
be available for inspection at the PBGC's Communications and Public 
Affairs Department, Suite 240, at the above address between 9:00 a.m. 
and 4:00 p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT: D. Bruce Campbell, Attorney, Office of 
the General Counsel, Pension Benefit Guaranty Corporation, 1200 K 
Street, NW., Washington, DC 20005-4026, 202-326-4123 (202-326-4179 for 
TTY and TDD). (These are not toll-free numbers.)

SUPPLEMENTARY INFORMATION: The PBGC's rules implementing the Privacy 
Act of 1974, as amended (``Privacy Act'') (5 U.S.C. 552a) (1) establish 
procedures whereby an individual can determine whether the PBGC 
maintains any system of records that contains a record pertaining to 
him or her, access that record, and seek to amend that record (29 CFR 
Secs. 2607.3-2607.8), (2) establish fees for making copies of records 
(29 CFR Sec. 2607.9), and (3) exempt a system of records from certain 
Privacy Act provisions (29 CFR Sec. 2607.10).
    The PBGC is proposing to amend Sec. 2607.9(a) by increasing, from 
$0.10 to $0.15 per page, the fee it charges for record copies furnished 
to individuals. The PBGC will maintain the current exception for record 
copies of fewer than 10 pages by increasing from $1.00 to $1.50 the 
threshold amount under which the agency does not assess a fee. The 
proposed fee, which is the same as the PBGC's standard fee for copies 
furnished under the Freedom of Information Act (see 29 CFR 
2603.52(b)(2)), will reflect current costs more accurately. The current 
fee was established in 1975.
    The PBGC is dividing an existing Privacy Act system of records into 
two systems of records, PBGC-5 (retitled Personnel Files--PBGC) and 
PBGC-12 (Personnel Security Investigation Records--PBGC). (The PBGC's 
notice of changes to its system of records, including proposed new and 
revised routine uses of records, appears elsewhere in today's Federal 
Register.) The PBGC proposes to amend Sec. 2607.10 to exempt PBGC-12 
from certain provisions of the Privacy Act because the records to which 
the exemption pertains will be maintained in PBGC-12 instead of PBGC-5.

E.O. 12866 and the Regulatory Flexibility Act

    The PBGC has determined that this action is not a ``significant 
regulatory action'' under the criteria set forth in Executive Order 
12866.
    Based on fees assessed in the past, the PBGC estimates that the 
copying fee increase under the proposed rule will raise the total 
amount of fees assessed annually by less than $1,000. In view of the 
small increase in anticipated costs, the PBGC certifies that the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.), does not apply 
because the proposed rule, if adopted, will not have a significant 
economic impact on a substantial number of small entities.

List of Subjects in 29 CFR Part 2607

    Privacy.

    For the reasons set forth above, the PBGC is proposing to amend 29 
CFR Part 2607 as follows:

PART 2607--DISCLOSURE AND AMENDMENT OF RECORDS UNDER THE PRIVACY 
ACT

    1. The authority citation for Part 2607 continues to read as 
follows:

    Authority: 5 U.S.C. 552a.


Sec. 2607.1  [Amended]

    2. Paragraph (a) of Sec. 2607.1 is amended by removing ``which'' 
and adding, in its place, ``that'' and by adding ``or her'' after 
``his'' in the first sentence.


Sec. 2607.2  [Amended]

    3. In Sec. 2607.2, the definition of record is amended by adding 
``or her'' after ``his'' both times it appears. 

[[Page 57373]]



Secs. 2607.3-2607.9  [Amended]

    4. Sections 2607.3(a) and (c), 2607.4(a) and (c), 2607.5(a), 
2607.6(c), 2607.7(b) and (c), and 2607.8(b) and (c) and the 
introductory text of Sec. 2607.9 are amended by adding ``or her'' after 
``his'' and after ``him'' each time either ``his'' or ``him'' appears.
    5. The second sentence of Sec. 2607.3(b), the second sentence of 
Sec. 2607.4(b), and the third sentence of Sec. 2607.6(b) are amended by 
removing ``he'' and adding, in its place, ``the disclosure officer''.
    6. Paragraph (d) of Sec. 2607.4 is amended by adding ``or she'' 
after ``he''.
    7. Paragraph (b) of Sec. 2607.5 is amended by removing ``his 
choosing'' and adding, in its place, ``his or her choosing''; by 
removing ``he shall'' and adding, in its place, ``the requestor 
shall''; by removing ``he wishes'' and adding, in its place, ``he or 
she wishes''; by removing ``accompany him'' and adding, in its place 
``accompany him or her''; by removing ``his record'' and adding, in its 
place, ``the record''; and by removing ``to him'' and adding, in its 
place, ``to him or her''.
    8. Paragraph (d) of Sec. 2607.8 is amended by removing ``If an 
individual requests'' and adding, in its place, ``To request''; by 
removing ``review, he'' and adding, in its place, ``review, an 
individual''; and by removing ``Counsel and he'' and adding, in its 
place, ``Counsel, who''.
    9. Paragraph (a) of Sec. 2607.9 is amended by removing ``$0.10'' 
and adding, in its place, ``$0.15'' in the first sentence and by 
removing ``$1.00'' and adding, in its place, ``$1.50'' in the second 
sentence.
    10. In Sec. 2607.10, the first paragraph is amended by adding 
``Security Investigation'' after ``Personnel'' and by removing ``that 
the identity of the source would be held in confidence'' both times it 
appears and adding, in its place, ``of confidentiality''; and the 
second paragraph is amended by removing ``for employment'' and adding, 
in its place, ``and fitness for PBGC employment, access to information, 
and security clearances'' and by adding ``the'' before ``PBGC''.

    Issued in Washington, DC this 8th day of November, 1995.
Martin Slate,
Executive Director, Pension Benefit Guaranty Corporation.
[FR Doc. 95-28210 Filed 11-14-95; 8:45 am]
BILLING CODE 7708-01-P