[Federal Register Volume 66, Number 63 (Monday, April 2, 2001)]
[Proposed Rules]
[Pages 17518-17519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8056]


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PENSION BENEFIT GUARANTY CORPORATION

29 CFR Part 4902


Disclosure and Amendment of Records Pertaining to Individuals 
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 
exempt certain records that will be maintained in a system of records 
entitled ``PBGC-12, Personnel Security Investigation Records--PBGC,'' 
from the access, contest, and certain other provisions of the Privacy 
Act. The amendment would protect the identity of a source who furnishes 
information in confidence to the PBGC for a background investigation on 
an individual who works, or who is being considered for work, for the 
PBGC as a contractor or as an employee of a contractor.

DATES: Comments must be received by May 2, 2001.

ADDRESSES: Comments may be mailed to the Office of the General Counsel, 
Suite 340, Pension Benefit Guaranty Corporation, 1200 K Street, NW., 
Washington, DC 20005-4026, or delivered to that address between 9 a.m. 
and 4 p.m. on business days. Comments also may be sent by Internet e-
mail to [email protected]. Comments will be available for public 
inspection at the PBGC's Communications and Public Affairs Department, 
Suite 240 at the same address, between 9 a.m. and 4 p.m. on business 
days.

FOR FURTHER INFORMATION CONTACT: D. Bruce Campbell, Attorney, Office of 
the General Counsel, Suite 340, Pension Benefit Guaranty Corporation, 
1200 K Street, NW., Washington, DC 20005-4026; 202-326-4020 (extension 
3672). (For TTY/TDD users, call the federal relay service toll-free at 
1-800-877-8339 and ask to be connected to 202-326-4020 (extension 
3672).)

SUPPLEMENTARY INFORMATION: The PBGC conducts background investigations 
and reinvestigations to establish that applicants for employment and 
employees are reliable, trustworthy, of good conduct and character, and 
loyal to the United States. The PBGC maintains records about these 
investigations in a system of records subject to the Privacy Act of 
1974, as amended (5 U.S.C. 552a) (``Privacy Act''), entitled ``PBGC-12, 
Personnel Security Investigation Records--PBGC''. The PBGC's 
regulations implementing the Privacy Act exempt under 5 U.S.C. 
552a(k)(5) certain records maintained in PBGC-12 from the access, 
contest, and certain other provisions of the Privacy Act (29 CFR 
4902.9).
    The PBGC is expanding its use of background investigations and 
reinvestigations to cover individuals who work, or who are being 
considered for work, for the PBGC as contractors or as employees of 
contractors. To reflect the change, the PBGC is proposing to alter 
PBGC-12 by revising it to include records pertaining to individuals who 
work, or who are being considered for work, for the PBGC as contractors 
or as employees of contractors. (The PBGC's notice of an altered system 
of records appears elsewhere in today's Federal Register.) The PBGC is 
proposing to amend Sec. 4902.9 to exempt certain records pertaining to 
individuals who work, or who are being considered for work, for the 
PBGC as contractors or as

[[Page 17519]]

employees of contractors from the access, contest, and certain other 
provisions of the Privacy Act. The amendment would protect the identity 
of a source who furnishes information to PBGC in confidence for a 
background investigation of such an individual.

Compliance With Rulemaking Guidelines

    The PBGC has determined that this action is not a ``significant 
regulatory action'' under the criteria set forth in Executive Order 
12866.
    The PBGC certifies under section 605(b) of the Regulatory 
Flexibility Act that the proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities. 
The rule would only affect the maintenance and disclosure of 
information about individuals by the PBGC under the Privacy Act and 
therefore would ordinarily be expected to have no economic impact on 
entities of any size. Accordingly, sections 603 and 604 of the 
Regulatory Flexibility Act do not apply.

List of Subjects in 29 CFR Part 4902

    Privacy.

    For the reasons set forth above, the PBGC is proposing to amend 29 
CFR Part 4902 as follows:

PART 4902--DISCLOSURE AND AMENDMENT OF RECORDS PERTAINING TO 
INDIVIDUALS UNDER THE PRIVACY ACT

    1. The authority citation for Part 4902 continues to read as 
follows:

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


Sec. 4902.9  [Amended]

    2. Paragraph (b) of Sec. 4902.9 is amended by removing the words 
``for PBGC employment,'' and adding in their place the words ``for PBGC 
employment or for work for the PBGC as a contractor or as an employee 
of a contractor,''.

    Issued in Washington, DC, this 28th day of March, 2001.
John Seal,
Acting Executive Director, Pension Benefit Guaranty Corporation.
[FR Doc. 01-8056 Filed 3-30-01; 8:45 am]
BILLING CODE 7708-01-U