[Federal Register Volume 65, Number 67 (Thursday, April 6, 2000)]
[Notices]
[Pages 18134-18139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8507]


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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 new, altered, and deleted systems of records.

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SUMMARY: On May 14, 1998, the President directed executive departments 
and agencies to, among other things, review all systems of records 
subject to the Privacy Act of 1974, as amended, 5 U.S.C. 552a 
(``Privacy Act'') for accuracy, completeness and to ensure that all 
routine uses are needed and consistent with the purposes for which the 
records were collected in each system. The Federal Mine Safety and 
Health Review Commission (``Commission'' or ``FMSHRC'') has conducted 
such a review, and now publishes this notice of new, altered, and 
deleted systems of records.

DATES: Comments on the proposed routine uses for the systems of records 
included in this notice must be received by the Commission by May 8, 
2000. The Commission filed a report describing the new, altered, and 
deleted systems of records covered by this notice with the Chair of the 
Committee on Governmental Affairs of the Senate, the Chair of the 
Committee on Government Reform of the House of Representatives, and the 
Administrator of the Office of Information and Regulatory Affairs, 
Office of Management and Budget (``OMB'') on March 30, 2000. The 
changes described in this notice will become effective after the 40-day 
period for OMB review expires on May 16, 2000, unless OMB gives 
specific notice within the 40 days that the changes are not approved 
for implementation. The new routine uses that are the subject of this 
notice will take effect on May 16, 2000 unless modified by a subsequent 
notice to incorporate comments received from the public.

ADDRESSES: All comments on the proposed routine uses should be mailed 
to Richard L. Baker, FMSHRC Privacy Act Officer and Executive Director, 
Federal Mine Safety and Health Review Commission, 1730 K Street, NW., 
6th Floor, Washington DC 20006.

FOR FURTHER INFORMATION CONTACT: Richard L. Baker, FMSHRC Privacy Act 
Officer and Executive Director, Federal Mine Safety and Health Review 
Commission, 1730 K Street, NW, 6th Floor, Washington, DC 20006, 
telephone 202-653-5610 (202-566-2673 for TDD Relay). These are not 
toll-free numbers.

SUPPLEMENTARY INFORMATION: The Privacy Act applies to information about 
individuals that may be retrieved by a unique identifier associated 
with each individual, such as a name or social security number. The 
information about each individual is called a ``record'' and the 
system, whether manual or computer-driven, is called a ``system of 
records.'' A system is considered altered whenever certain fundamental 
changes are made to the system, such as whenever certain disclosures, 
called ``routine uses,'' are changed.
    In a memorandum dated May 14, 1998, President Clinton directed 
executive departments and agencies to conduct a thorough review of all 
agency system of records for accuracy and completeness. The President 
specifically directed agencies to consider changes in technology, 
function, and organization that may have made the systems out-of-date 
and to review the routine uses published in the system notices to make 
sure they continue to be necessary and compatible with the purposes for 
which the information is collected. He also directed agencies to 
identify systems that may not have been described in a notice published 
in the Federal Register and to publish notices for any changes to the 
agency systems of records.
    In its review, the Commission determined that two of its systems of 
records are no longer relevant and necessary to accomplish an agency 
purpose, that the remaining three systems require revision, and that 
three additional systems of records should be identified and included 
in the Commission's systems of records. The two systems of records that 
are no longer relevant and necessary to accomplish an agency purpose 
are: (1) FMSHRC-04, ``Property Management System;'' and (2) FMSHRC-05, 
``Administrative Law Judge Caseload Report.'' See 49 FR 30668, 30669-70 
(July 31, 1984). The property management system of records (FMSHRC-04) 
contained information concerning the description, value and location of 
furnishings and equipment. The Commission has found it unnecessary to 
continue to maintain such records because furnishings and equipment are 
no longer assigned to Commission employees and members. In addition, 
the Administrative Law Judge caseload report (FMSHRC-05) is no longer 
used by the Commission. Accordingly, the Commission is deleting these 
systems.
    The Commission proposes revisions to the three remaining systems in 
order to update them. The Commission proposes changing the system name 
of FMSHRC-01 from ``Payroll records'' to ``Pay and leave records,'' in 
order to more accurately describe the records included in this system, 
and to revise the routine uses of records maintained in this system. In 
addition, the Commission proposes to change the

[[Page 18135]]

name of FMSHRC-02 from ``General finance and accounting records'' to 
``General finance, accounting and travel records;'' to revise that 
system to include travel records and records pertaining to usage of 
Westlaw and usage of government credit cards for administrative supply 
purchases; to update other categories of records included in this 
system; and to revise the routine uses of records maintained in this 
system. The Commission also proposes revising FMSHRC-03 to update and 
more accurately describe categories of records included in this system. 
Finally, the Commission proposes to update its general statement of 
routine uses, formerly set forth in the Appendix, 49 FR at 306670.
    The Commission identified three systems of records, not previously 
identified, in which information by individual name or identifier is 
relevant and necessary to an agency purpose. Specifically, those 
systems include: (1) Biographical data files on presidential 
appointees; (2) federal fare subsidy benefit program records; and (3) 
the Commission's official case files filed according to and retrieved 
by the name of an individually-named miner. As to the first and second 
systems, information is retrieved by using an individual's name or 
other identifying link. As to the third system, information is 
retrieved from Commission adjudicatory case files through the use of a 
docket number or case name. In the large majority of cases before the 
Commission, case names are derived from a mine operator's name or a 
union. In a small percentage of cases, cases are identified by an 
individual miner's name, such as when a miner brings a discrimination 
complaint in an individual capacity under 30 U.S.C. 815(c)(3), or when 
the Secretary of Labor takes an enforcement action against a miner 
under 30 U.S.C. 820(c) or 820(g). Included in the third system of 
records are only those official case files filed according to and 
retrieved by an individually named miner's name. Accordingly, the 
Commission proposes adding these three new systems.
    In sum, the Commission proposes identifying its systems as: FMSHRC-
01, Pay and leave records; FMSHRC-02, General finance, accounting, and 
travel records; FMSHRC-03, General informal personnel files; FMSHRC-04, 
Biographical data file-presidential appointees; FMSHRC-05, Federal fare 
subsidy benefit program records; and FMSHRC-06, Official case files 
filed according to and retrieved by name of individually-named miner. 
The systems of records are published in their entirety below.

Systems of Records

Table of Contents

FMSHRC-01 Pay and leave records
FMSHRC-02 General finance, accounting, and travel records
FMSHRC-03 General informal personnel files
FMSHRC-04 Biographical data file-presidential appointees
FMSHRC-05 Federal fare subsidy benefit program records
FMSHRC-06 Official case files filed according to and retrieved by 
name of individually-named miner

General Statement of Routine Uses

    In addition to the disclosures generally permitted under 5 U.S.C. 
552a(b), the Commission may disclose a record or information in a 
Privacy Act system of records under 5 U.S.C. 552a(b)(3) as provided 
below.
    (1) Routine use for disclosure to the Department of Justice for use 
in litigation:
    To the Department of Justice when: (a) FMSHRC or any component 
thereof; 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 has agreed to represent the employee; or (d) 
the United States Government, is a party to litigation or has an 
interest in such litigation, and by careful review, FMSHRC determines 
that the records are both relevant and necessary to the litigation and 
the use of such records by the Department of Justice is therefore 
deemed by FMSHRC to be a purpose that is compatible with the purpose 
for which FMSHRC collected the records.
    (2) Routine use for other disclosures in litigation:
    To a court or adjudicative body in a proceeding when: (a) FMSHRC or 
any component thereof; 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 FMSHRC has agreed to represent the employee; 
or (d) the United States Government, is a party to litigation or has an 
interest in such litigation, and by careful review, FMSHRC determines 
that the records are both relevant and necessary to the litigation and 
the use of such records is therefore deemed by FMSHRC to be a purpose 
that is compatible with the purpose for which FMSHRC collected the 
records.
    (3) Routine use for law enforcement purposes:
    When a record on its face, or in conjunction with other records, 
indicates a violation or potential violation of law, whether civil, 
criminal or regulatory in nature, and whether arising by general 
statute or particular program statute, or by regulation, rule, or order 
issued pursuant thereto, disclosure may be made to the appropriate 
agency, whether federal, foreign, state, local, or tribal, or other 
public authority responsible for enforcing or implementing the statute, 
or rule, regulation, or order issued pursuant thereto, if the 
information disclosed is relevant to any enforcement, regulatory, 
investigative or prosecutive responsibility of the receiving entity.
    (4) Routine use for disclosure to a member of Congress at the 
request of a constituent:
    To a member of Congress or to a Congressional staff member in 
response to an inquiry of the Congressional office made at the written 
request of the constituent about whom the record is maintained.
    (5) Routine use for records management purposes:
    Records from a Privacy Act system of records may be disclosed to 
the National Archives and Records Administration or to the General 
Services Administration for records management inspections conducted 
under 44 U.S.C. 2904 and 2906.
    (6) Routine use for disclosure to contractors under 5 U.S.C. 
552a(m):
    Disclosure may be made to agency contractors, grantees, or 
volunteers who have been engaged to assist FMSHRC in the performance of 
a contract service related to a Privacy Act system of records and who 
need to have access to the records in order to perform the activity. 
Recipients shall be required to comply with the requirements of the 
Privacy Act.
    (7) Routine use to the Department of Health and Human Services 
(``HHS'') parent locator system for finding parents who do not pay 
child support:
    The name and current address of record of an individual may be 
disclosed from a Privacy Act system of record to the parent locator 
service of HHS or authorized persons defined by Public Law 93-647, 42 
U.S.C. 653.
    (8) Routine use for use in employment, clearances, licensing, 
contract, grant or other benefits decisions by FMSHRC:
    Disclosure may be made to federal, state, local or foreign agency 
maintaining civil, criminal, or other relevant enforcement records, or 
other pertinent records, or to another public authority or professional 
organization, if necessary to obtain information relevant to an 
investigation concerning the retention of an employee or other 
personnel action, the retention of a

[[Page 18136]]

security clearance, the letting of a contract, or the issuance or 
retention of a grant, or other benefit.
    (9) For use in employment, clearances, licensing, contract, grant 
or other benefit decisions by other than FMSHRC:
    Disclosure may be made to a federal, state, local, foreign, or 
tribal or other public authority of the fact that a Privacy Act system 
of records contains information relevant to the retention of an 
employee, the retention of a security clearance, the letting of a 
contract, or the issuance or retention of a license, grant, or other 
benefit. The other agency or licensing organization may then make a 
request supported by the written consent of the individual for the 
entire record if it so chooses. No disclosure will be made unless the 
information has been determined to be sufficiently reliable to support 
a referral to another office within FMSHRC or to another federal agency 
for criminal, civil, administrative, personnel, or regulatory action.
    (10) For purposes of financial audit or internal control:
    Disclosure may be made to a federal agency or to members of the 
private sector under contract with FMSHRC in the performance of a 
financial audit or evaluation of internal control, pursuant to 31 
U.S.C. 501 et seq.
FMSHRC-01

System name:
    Pay and Leave Records

System location:
    (1) FMSHRC at 1730 K Street, NW, 6th Floor, Washington, DC 20006; 
(2) United States Department of Treasury's Bureau of Public Debt 
(``BPD'') at PESO Branch-DPM, 200 Third Street, Room 206-1, 
Parkersburg, WV 26106; (3) United States Department of Agriculture's 
National Finance Center (``NFC'') at P.O. Box 60000, New Orleans, LA 
70160. BPD and NFC hold records for FMSHRC under interagency agreement.

Categories of individuals covered by the system:
    Current and former employees and members of FMSHRC.

Categories of records in the system:
    Various payroll and leave records including, among other documents, 
time and attendance cards; payment vouchers; comprehensive listing of 
employees; health benefit records; requests for deductions; tax forms 
and W-2 forms; overtime requests; leave data; and retirement records. 
Records are used by FMSHRC, BPD and NFC to maintain adequate payroll 
and leave information for FMSHRC employees, and otherwise by FMSHRC, 
BPD, and NFC employees who have a need for the record in the 
performance of their duties.

Authority for maintenance of the system:
    30 U.S.C. 823, 823a, 824; 5 U.S.C. 5501 et seq.; 31 U.S.C. ``Money 
and Finance,'' generally.

Purpose(s):
    Information in this system is used to prepare payroll, to meet 
Government payroll recordkeeping and reporting requirements, and to 
retrieve and supply payroll and leave information as required for 
Commission needs.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Disclosures may be made under this system:
    1. To other Government agencies, commercial or credit 
organizations, or to prospective employers to verify employment.
    2. To federal, state, and local taxing authorities concerning 
compensation to employees or to contractors; to Office of Personnel 
Management, Department of the Treasury, and other federal agencies 
concerning pay, benefits, and retirement of employees; to federal 
employees' health benefits carriers concerning health insurance of 
employees; to financial organizations concerning employee allotments 
and net pay to checking accounts; to state human resource offices 
administering unemployment compensation programs; and to heirs, 
executors, and legal representatives of beneficiaries.
    3. To federal agencies or to members of the private sector under 
contract with FMSHRC, in the performance of financial audits or 
evaluation of internal control;
    4. To the Office of Child Support Enforcement, Administration for 
Children and Families, Department of Health and Human Services Federal 
Parent Locator Service (``FPLS'') and Federal Tax Offset System for use 
in locating individuals and identifying their income sources to 
establish paternity, establish and modify orders of support and for 
enforcement action;
    5. To the Office of Child Support Enforcement for release to the 
Social Security Administration for verifying social security numbers in 
connection with the operation of the FPLS by the Office of Child 
Support Enforcement;
    6. To the Office of Child Support Enforcement for release to the 
Department of Treasury for purposes of administering the Earned Income 
Tax Credit Program (section 32, Internal Revenue Code of 1986) and 
verifying a claim with respect to employment in a tax return;
    Additional routine uses are listed in the General Statement of 
Routine Uses.

Disclosure to consumer reporting agencies:
    Disclosures may be made from this system to ``consumer reporting 
agencies'' as defined in the Fair Credit Reporting Act (15 U.S.C. 
1681a(f)) or the Federal Claims Collection Act of 1966 (31 U.S.C. 
3701(a)(3)) in accordance with 31 U.S.C. 3711(f).

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Duplicate records are stored at FMSHRC's office in Washington, DC, 
and at the offices of the BPD and NFC. FMSHRC's records are paper.

Retrievability:
    Social Security number, and name.

Safeguards:
    Paper records in FMSHRC's office in Washington, DC are stored in 
locked file cabinets and are released only to authorized personnel. 
Access to FMSHRC's office in Washington, DC may be gained only by using 
an electronically keyed number, which is provided only to FMSHRC 
personnel and is changed on a regular basis.

Retention and disposal:
    Retention and disposal of records is in accordance with the 
National Archives and Records Administration's General Records Schedule 
requirements for payroll-related records.

System manager(s) and address:
    Records Management Officer, Federal Mine Safety and Health Review 
Commission, Room 6033, 1730 K Street, NW, Washington, DC 20006.

Notification procedure:
    Contact Executive Director or refer to FMSHRC regulations contained 
in 29 CFR part 2705.

Record access procedures:
    Contact Executive Director or refer to FMSHRC regulations contained 
in 29 CFR part 2705.

Contesting record procedures:
    Contact Executive Director or refer to FMSHRC regulations contained 
in 29 CFR part 2705.

Record source categories:
    The subject individual; FMSHRC.

[[Page 18137]]

Exemptions claimed for the system:
    None.
FMSHRC-02

System name:
    General Finance, Accounting, and Travel Records

System location:
    (1) FMSHRC at 1730 K Street, NW, Washington, DC 20006; (2) BPD at 
PESO Branch-DPM, 200 Third Street, Room 206-1, Parkersburg, WV 26106. 
BPD holds records for FMSHRC under interagency agreement.

Categories of individuals covered by the system:
    Current and former employees and members of FMSHRC and persons who 
provide supplies or services to FMSHRC by contract or purchase order.

Categories of records in the system:
    Various accounting records including, among other documents, vendor 
identification numbers for electronic payments, vendor registers and 
vendor payments; records pertaining to usage of Government credit cards 
for administrative supplies purchases; records pertaining to Westlaw 
usage; travel authorizations; travel vouchers, which include receipts, 
dates, expenses, amounts advanced, amounts claimed, and amounts 
reimbursed.

Authority for maintenance of the system:
    30 U.S.C. 823, 823a, 824; 31 U.S.C. ``Money and Finance,'' 
generally; 5 U.S.C. 5701 et seq.; 40 U.S.C. 471 et seq.

Purpose(s):
    The information in this system is used to provide records of 
reimbursement to and collections from employees for expenses incurred 
while in official travel status, to provide payments to vendors and 
other Government agencies, to maintain control over the collection and 
disbursement of FMSHRC funds, to prepare reports, and to assist in any 
financial audits or evaluation of internal control.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Disclosures may be made under this system:
    1. To federal agencies or to members of the private sector under 
contract with FMSHRC, in the performance of financial audits or 
evaluation of internal control;
    2. To the Internal Revenue Service for investigation;
    3. To private attorneys, pursuant to power of attorney;
    4. To members of Congress, to FMSHRC personnel, and to other 
agencies for budgetary and reporting purposes;
    5. See General Statement of Routine Uses.

Disclosure to consumer reporting agencies:
    Disclosures may be made from this system to ``consumer reporting 
agencies'' as defined in the Fair Credit Reporting Act (15 U.S.C. 
1681a(f)) or the Federal Claims Collection Act of 1966 (31 U.S.C. 
3701(a)(3)) in accordance with 31 U.S.C. 3711(f).

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Paper records are stored at FMSHRC's office in Washington, DC; some 
duplicate records are stored at the BPD.

Retrievability:
    Manual by name, social number, or assigned password number.

Safeguards:
    Paper records in FMSHRC's office in Washington, DC are stored in 
locked file cabinets and are released only to authorized personnel. 
Access to FMSHRC's office in Washington, DC may be gained only by using 
an electronically keyed number, which is provided only to FMSHRC 
personnel and is changed on a regular basis.

Retention and disposal:
    In accordance with the General Records Schedules issued by the 
National Archives and Records Administration pertaining to accounting, 
procurement, and travel records.

System manager(s) and address:
    Records Management Officer, Federal Mine Safety and Health Review 
Commission, Room 6033, 1730 K Street, NW, Washington, DC 20006.

Notification procedure:
    Contact Executive Director or refer to FMSHRC regulations contained 
in 29 CFR part 2705.

Record access procedures:
    Contact Executive Director or refer to FMSHRC regulations contained 
in 29 CFR part 2705.

Contesting record procedures:
    Contact Executive Director or refer to FMSHRC regulations contained 
in 29 CFR part 2705.

Record source categories:
    The subject individual; FMSHRC.

Exemptions claimed for the system:
    None.
FMSHRC-03

System name:
    General Informal Personnel Files

System location:
    FMSHRC at 1730 K Street, NW, 6th Floor, Washington, DC 20006.

Categories of individuals covered by the system:
    Current and former employees and members of FMSHRC.

Categories of records in the system:
    General personnel information including position descriptions; 
performance appraisals; notifications of personnel action (SF-50's); 
employment history; home address; date of birth; grade and salary; age; 
social security number; resumes and SF 171's; OF 612's; letters of 
recommendation or for performance recognition; and other records 
relating to insurance coverage, health benefits, and dates service 
commenced and ended.

Authority for maintenance of the system:
    30 U.S.C. 823, 823a, 824; 44 U.S.C. 3101 et seq.; 5 U.S.C. 
``Government Organization and Employees,'' generally.

Purpose(s):
    Information in this system is used to meet Government personnel 
recordkeeping and reporting requirements, and to retrieve personnel 
information as required for FMSHRC needs.
    Routine uses of records maintained in the system, including 
categories of users and the purposes of such uses:
    1. See General Statement of Routine Uses.

Disclosure to consumer reporting agencies:
    Disclosures may be made from this system to ``consumer reporting 
agencies'' as defined in the Fair Credit Reporting Act (15 U.S.C. 
1681a(f)) or the Federal Claims Collection Act of 1966 (31 U.S.C. 
3701(a)(3)) in accordance with 31 U.S.C. 3711(f).

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Paper records are stored at FMSHRC's office in Washington, DC.

Retrievability:
    Manual by name.

Safeguards:
    Paper records in FMSHRC's office in Washington, DC are stored in 
locked file cabinets and are released only to

[[Page 18138]]

authorized personnel. Access to FMSHRC's office in Washington, DC may 
be gained only by using an electronically keyed number, which is 
provided only to FMSHRC personnel and is changed on a regular basis.

Retention and disposal:
    In accordance with the General Records Schedules issued by the 
National Archives and Records Administration and FMSHRC's Records 
Management Handbook.

System manager(s) and address:
    Records Management Officer, Federal Mine Safety and Health Review 
Commission, Room 6033, 1730 K Street, NW, Washington, DC 20006.

Notification procedure:
    Contact Executive Director or refer to FMSHRC regulations contained 
in 29 CFR part 2705.

Record access procedures:
    Contact Executive Director or refer to FMSHRC regulations contained 
in 29 CFR part 2705.

Contesting record procedures:
    Contact Executive Director or refer to FMSHRC regulations contained 
in 29 CFR part 2705.

Record source categories:
    The subject individual; FMSHRC.

Exemptions claimed for the system:
    None.
FMSHRC-04

System name:
    Biographical Data File--Presidential Appointees

System location:
    FMSHRC at 1730 K Street, NW, 6th Floor, Washington, DC 20006

Categories of individuals covered by the system:
    Present and former Presidential appointees to FMSHRC positions.

Categories of records in the system:
    Records may include biographical sketches and photographs.

Authority for maintenance of the system:
    30 U.S.C. 823; 44 U.S.C. 3101 et seq.

Purpose(s):
    To document and provide information regarding pertinent aspects of 
the personal and professional history of FMSHRC's Commissioners.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Disclosures may be made under this system:
    1. To the public upon request unless it is determined that release 
of the specific information in the context of that particular request 
would constitute an unwarranted invasion of personal privacy;
    2. To Congress to answer inquiries regarding Commissioners;
    3. See General Statement of Routine Uses.

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Paper in file cabinets.

Retrievability:
    Manual by name.

Safeguards:
    Maintained in file cabinets under the surveillance of office 
personnel. Access to FMSHRC's office in Washington, DC may be gained 
only by using an electronically keyed number, which is provided only to 
FMSHRC personnel and is changed on a regular basis.

Retention and disposal:
    In accordance with the General Records Schedule and FMSHRC's 
Records Management Handbook, records are transferred to the National 
Archives and Records Administration in 3-year blocks when the most 
recent record in a block is 3 years old. Copies are maintained 
permanently with FMSHRC.

System manager(s) and address:
    Records Management Officer, Federal Mine Safety and Health Review 
Commission, Room 6033, 1730 K Street, NW, Washington, DC 20006.

Notification procedure:
    Contact Executive Director or refer to FMSHRC regulations contained 
in 29 CFR part 2705.

Record access procedures:
    Contact Executive Director or refer to FMSHRC regulations contained 
in 29 CFR part 2705.

Contesting record procedures:
    Contact Executive Director or refer to FMSHRC regulations contained 
in 29 CFR part 2705.

Record source categories:
    The subject individual.

Exemptions claimed for the system:
    None.
FMSHRC-05

System name:
    Federal Fare Subsidy Benefit Program Records

System location:
    FMSHRC at 1730 K Street, NW, 6th Floor, Washington, DC 20006.

Categories of individuals covered by the system:
    Employees and members of FMSHRC who participate in the federal fare 
subsidy benefit program.

Categories of records in the system:
     Various records required to administer the federal fare subsidy 
benefit program, which include information regarding a participant's 
mode of transportation, monthly cost of transportation, and reports of 
disbursements.

Authority for maintenance of the system:
    The Federal Employees Clean Air Incentives Act (section 2(a) of 
Pub. L. 103-172, found at 5 U.S.C. 7905); the Transportation Equity Act 
for the 21st Century (section 9010 of Pub. L. 105-178, found at 112 
Stat. 507 (1998)); 30 U.S.C. 823, 823a, 824.

Purpose(s):
    Information in this system is used to administer the federal fare 
subsidy benefit program, to meet Government recordkeeping requirements, 
and to retrieve and supply transit information as required for FMSHRC 
needs.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    The FMSHRC does not normally disclose records from this system of 
records except to those FMSHRC employees who have a need for such 
records in the performance of their duties. However, in the event it is 
appropriate, records may be disclosed as provided in the General 
Statement of Routine Uses.

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Paper in locked file cabinets.

Retrievability:
    Manual by name.

Safeguards:
    Transit benefit program records are stored in a locked file 
cabinet. Access to

[[Page 18139]]

FMSHRC's office in Washington, DC may be gained only by using an 
electronically keyed number, which is provided only to FMSHRC personnel 
and is changed on a regular basis.

Retention and disposal:
    Retention and disposal of records is in accordance with National 
Archives and Records Administration's General Records Schedule and 
FMSHRC's Records Management Handbook. System manager(s) and address: 
Records Management Officer, Federal Mine Safety and Health Review 
Commission, Room 6033, 1730 K Street, NW, Washington, DC 20006.

Notification procedure:
    Contact Executive Director or refer to FMSHRC regulations contained 
in 29 CFR part 2705.

Record access procedures:
    Contact Executive Director or refer to FMSHRC regulations contained 
in 29 CFR part 2705.

Contesting record procedures:
    Contact Executive Director or refer to FMSHRC regulations contained 
in 29 CFR part 2705.

Record source categories:
    FMSHRC employees who are participants in the Transit Benefit 
Program.

Exemptions claimed for the system:
    None.
FMSHRC-06

System name:
    Official Case Files Filed according to and Retrieved by Name of 
Individually-Named Miner.

System location:
    FMSHRC at 1730 K Street, NW, 6th Floor, Washington, DC 20006.

Categories of individuals covered by the system:
    Individually-named miners whose names are used for filing and 
retrieval purposes of the official case file of cases arising under the 
Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801 et seq. 
(1994) (Mine Act). Official case files are retrieved by reference to 
docket number, and in some instances, by case name. In the large 
majority of cases before FMSHRC, case names are derived from the name 
of a mine operator or a union. In a small percentage of cases, cases 
are identified by an individual miner's name, such as when a miner 
brings a discrimination complaint in an individual capacity under 30 
U.S.C. 815(c)(3), or when the Secretary of Labor takes an enforcement 
action against a miner under 30 U.S.C. 820(c) or 820(g). This system of 
records covers only those official case files filed according to and 
retrieved by an individually-named miner's name.

Categories of records in the system:
    Records in this system include documents and pleadings filed by 
parties, hearing transcripts and exhibits, transcripts of oral 
argument, and decisions and orders issued by FMSHRC.

Authority for maintenance of the system:
    30 U.S.C. 823, 823a; 44 U.S.C. 3101 et seq.

Purpose(s):
    FMSHRC provides trial and appellate review of cases arising under 
the Mine Act. Official case files store documents used by FMSHRC in its 
consideration and review of such cases, and provide information 
regarding such cases.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Disclosures may be made under this system:
    1. To the public pursuant to 29 CFR 2702.4 or upon request unless 
it is determined that the release of specific information in the 
context of a particular case would constitute an unwarranted invasion 
of personal privacy;
    2. See General Statement of Routine Uses.

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Paper records in file folders.

Retrievability:
    By case name or docket number.

Safeguards:
    File folders are maintained in file cabinets. Access to FMSHRC's 
office in Washington, DC may be gained only by using an electronically 
keyed number, which is provided only to FMSHRC personnel and is changed 
on a regular basis.

Retention and disposal:
    In accordance with the General Records Schedule and FMSHRC's 
Records Management Handbook, the cut-off date for files is at the close 
of the case. Files are retired to the Washington National Records 
Center 1 year after the cutoff, and destroyed 7 years after the cutoff.

System manager(s) and address:
    Records Management Officer, Federal Mine Safety and Health Review 
Commission, 1730 K Street, NW, Washington, DC 20006.

Notification procedure:
    Contact Executive Director or refer to FMSHRC regulations contained 
in 29 CFR part 2705.

Record access procedures:
    Contact Executive Director or refer to FMSHRC regulations contained 
in 29 CFR part 2705.

Contesting record procedures:
    Contact Executive Director or refer to FMSHRC regulations contained 
in 29 CFR part 2705.

Record source categories:
    The parties, their representatives, FMSHRC.

Exemptions claimed for the system:
    None.

    Dated: March 30, 2000.
Mary Lu Jordan,
Chairman, Federal Mine Safety and Health Review Commission.
[FR Doc. 00-8507 Filed 4-5-00; 8:45 am]
BILLING CODE 6735-01-P