[Federal Register Volume 71, Number 72 (Friday, April 14, 2006)]
[Notices]
[Pages 19556-19567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5541]


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OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION


Privacy Act of 1974; New and Revised Systems of Records, and 
Deletion of a Duplicative System of Records

AGENCY: Occupational Safety and Health Review Commission.

ACTION: Notice.

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SUMMARY: In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, as 
amended, the Occupational Safety and Health Review Commission (OSHRC) 
is proposing in this notice the addition of a new system of records; 
the bifurcation of an existing system of records; the deletion of a 
duplicative system of records; and revisions to preexisting systems of 
records, including the addition of new routine uses.

DATES: Comments must be received by the OSHRC by May 15, 2006. The new 
and revised systems of records will become effective on June 13, 2006, 
without any further notice in the Federal Register, unless comments or 
government approval procedures necessitate otherwise.

ADDRESSES: The Commission will accept and consider all written 
comments. Submit any written comments by mail or fax to Ron Bailey, 
Attorney Advisor, Office of General Counsel, OSHRC, 1120 20th Street, 
NW., Ninth Floor, Washington, DC 20036-3457; Fax Number, (202) 606-
5417.

FOR FURTHER INFORMATION CONTACT: Ron Bailey, Attorney Advisor, Office 
of General Counsel, (202) 606-5410, [email protected].

SUPPLEMENTARY INFORMATION: The Privacy Act of 1974, 5 U.S.C. 
552a(e)(4), requires federal agencies such as OSHRC to propose 
additions and revision to its systems of records in a Federal Register 
publication. As detailed below, OSHRC is proposing the addition of a 
new system of records; the bifurcation of an existing system of 
records; the deletion of a duplicative system of records; and revisions 
to preexisting systems of records, including the addition of new 
routine uses. OSHRC is also proposing changes, both superficial and 
substantive, to its blanket routine uses.

I. Blanket Routine Uses

    OSHRC's current Blanket Routine Uses (BRUs) are published in 66 FR 
42689 (Aug. 14, 2001). OSHRC proposes the following changes to its 
BRUs.
    In the sentence preceding the list of BRUs, OSHRC would add the 
qualification that records will be disclosed as a routine use only if 
``disclosure of the record or information is compatible with the 
purpose for which the record or information was collected.'' As the 
definition of ``routine use'' includes this compatibility requirement, 
see 5 U.S.C. 552a(a)(7), it should apply to all BRUs.
    For the purpose of streamlining the notice, OSHRC would combine 
BRUs 1 and 2. Despite the merger, the categories of users and the 
purposes for using any disclosed records would remain the same. OSHRC 
would reword the first sentence of BRU 3 to clarify the scope of the 
routine use, but again, the categories of users and the purposes for 
using any disclosed records would not change. OSHRC would broaden BRUs 
4 and 5 to include records relevant to OSHRC decisions concerning 
appointment of employees, suspension or revocation of security 
clearances, and the execution of security or suitability 
investigations. The current versions of these BRUs include decisions 
concerning the hiring or retention of employees, and the issuance of 
security clearances, but fail to reference the related areas of 
decision-making noted above.
    OSHRC would add a sentence to the end of BRU 6, notifying the 
reader that ``[r]ecords will be disclosed only to the extent that the 
information is relevant and necessary to the case or matter.'' OSHRC 
would add a similar qualification to BRU 8. These qualifications 
reflect the importance of protecting an individual's records from 
unnecessary disclosures. Moreover, the Privacy Act could be read to 
require that disclosure, pursuant to a routine use, may occur only when 
relevant and necessary to accomplish a mandated purpose: Section 
552a(e)(1) instructs an agency to ``maintain in its records only such 
information about an individual as is relevant and necessary to 
accomplish a purpose of the agency required to be accomplished by 
statute or by executive order of the President''; because the Privacy 
Act defines ``maintain'' as including ``maintain, collect, use, or 
disseminate,'' the requirement stated in (e)(1) seemingly applies to 
the dissemination of records via routine uses.
    OSHRC would edit the language in BRU 10 to more precisely reflect 
when records may be disclosed. The BRU would also be modified to 
require written requests from the subjects of the records. Also, OSHRC 
would modify BRU 12 to reflect that, pursuant to 44 U.S.C. 2904 and 
2906, the National Archives and Records Administration (NARA) handles 
records management inspections.

[[Page 19557]]

    Finally, OSHRC would renumber BRUs 1 and 2 as BRU 1, decrease BRU 3 
through BRU 10 by one in number, and renumber BRU 12 as BRU 10. OSHRC 
would also makes several minor changes in wording, such as exclusively 
using ``OSHRC,'' rather than referring to OSHRC as both ``the Review 
Commission'' and ``OSHRC.''

II. Deleted System of Records

    In accordance with the directive of Office of Management and Budget 
(OMB) Circular No. A-130, OSHRC proposes deleting the system of 
records, ``Applications for Employment,'' OSHRC-3, because such records 
are covered by the Office of Personnel Management's (OPM's) government-
wide system of records, ``Recruiting, Examining and Placement 
Records,'' OPM/GOVT-5, 61 FR 36929, July 15, 1996. These records are 
exempted as claimed in 5 CFR 297.501(b)(7).

III. New and Revised Systems of Records

    OSHRC conducted a review of the systems of records that it 
presently maintains. OSHRC's review uncovered one system of records--a 
visitors' log--that is not included in OSHRC current system-of-records 
notice. OSHRC proposes creating a new system for these records and 
designating it as OSHRC-9. OSHRC also proposes creating a separate 
system for public transportation benefit records, which presently are 
part of the system ``Payroll and Related Records,'' and designating it 
as OSHRC-3.
    OSHRC proposes the following general revisions to preexisting 
systems of records. First, OSHRC would revise the system locations and 
system managers in the notice to reflect changes in office names and 
position titles and, where appropriate, to make reference to OSHRC's 
offices in Atlanta, Georgia, and Denver, Colorado. Second, having 
reviewed the authority for maintaining each system, OSHRC would make 
various changes that mostly consist of citing additional authority or a 
more specific provision, or modifying a citation to reflect that the 
provision has been renumbered or superseded. Third, OSHRC would modify 
the explanations for notification, record access, and contesting record 
procedures to include citations to the relevant regulatory provisions. 
Fourth, as to each system of records in the notice, OSHRC would add the 
section, ``Security Classification,'' and note that the security 
classification for each system of records is ``none.'' Adding this 
section to each system would standardize the data elements included in 
the notice, as the section is already included in the latest notice 
covering systems OSHRC-7 and OSHRC-8, see 70 FR 68479, Nov. 10, 2005. 
Fifth, OSHRC would modify retention and disposal policies to be in 
accordance with NARA's General Records Schedule (GRS) requirements. 
Finally, OSHRC would correct various grammatical errors and reword 
sentences for clarification. In addition to these general revisions, 
OSHRC is also proposing changes to other matters in each preexisting 
system of records that warrant more detailed explanations.
    As to ``Travel Records,'' OSHRC-1, OSHRC proposes the following 
changes. First, OSHRC would use more precise language and provide 
additional details in order to clarify the categories of individuals 
covered by the system of records and the records included therein. 
Second, OSHRC would modify the ``purpose'' section to include 
``planning, authorizing, and tracking employees' official travel, and 
processing travel vouchers and other travel-related payments.'' Third, 
OSHRC would delete the routine use that authorizes disclosure of 
records to ``agency employees for budget preparation purposes'' because 
the routine-use exception, section 552a(b)(3), was not intended to 
include intra-agency disclosures, see OMB Guidelines, 40 FR 56741, 
56742, December 4, 1975. Rather, such disclosures are covered by 
section 552a(b)(1), which pertains to disclosures to employees ``who 
have a need for the record in the performance of their duties.'' 
Fourth, OSHRC would delete the routine use authorizing disclosure of 
records to ``Members of Congress in their oversight capacity,'' because 
this use is covered by section 552a(b)(10), and to the extent that 
section 552a(b)(10) does not apply to specific Members of Congress, 
this routine use is covered by BRU 10 (BRU 9 in the proposed notice). 
Finally, OSHRC would delete the routine use that authorizes disclosure 
``to other agencies, as appropriate,'' because this use is probably too 
broad, and it is doubtful that ``as appropriate'' constitutes a 
permissible purpose, see Britt v. Naval Investigative Service, 886 F.2d 
544, 547 (3d Cir. 1989).
    As to ``Lists for News Releases, Speeches, Booklets, Reports,'' 
OSHRC-2, OSHRC proposes the following changes. OSHRC would delete the 
routine use authorizing disclosure of records ``[t]o agency employees 
for information dissemination,'' as this use is covered by section 
552a(b)(1). OSHRC would modify the routine use authorizing disclosure 
of records ``to other agencies, as appropriate,'' to require a written 
request, and to limit disclosure to instances that are ``compatible 
with the purpose for which the record or information was collected.''
    As to ``Payroll and Related Records,'' OSHRC-4, OSHRC proposes the 
following changes. First, OSHRC would provide additional details about 
what categories of records are included in this system. The current 
notice merely lists documents without specifying what personal 
identifying information is included therein. Second, OSHRC would add a 
variety of routine uses, including disclosure of records to the U.S. 
Department of Agriculture, National Finance Center (NFC), the entity 
with which OSHRC has contracted to provide various payroll services; 
disclosure of records to other agencies pursuant to various debt 
collection and computer matching statutes that have been enacted over 
the last couple decades; disclosure of records (via NFC) to certain 
federal agencies and other relevant entities for purposes of 
maintaining records on issues related to taxes and benefits; and 
disclosure of records to the Office of Child Support Enforcement, 
Administration for Children and Families, Department of Health and 
Human Services, as required by the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996, 42 U.S.C. 653(n). As to this 
last routine use, OSHRC would adopt the language recommended by OMB in 
``Privacy Act Responsibilities for Implementing the Personal 
Responsibility and Work Opportunity Reconcilation Act of 1996,'' Nov. 
3, 1997, available at http://www.whitehouse.gov/omb/inforeg/katzen_prwora.pdf. Third, OSHRC would revise the explanation of how records 
are stored, noting that records submitted electronically to NFC are 
backed up on a floppy disk, which is stored with the paper records. 
Finally, OSHRC would provide additional details pertaining to the 
safeguarding of records, explaining how records located on personal 
computers are protected, and how records regarding OSHRC employees are 
maintained by NFC.
    As to ``Cases Pending in General Counsel's Office,'' OSHRC-5, OSHRC 
proposes the following changes. First, OSHRC would rename the system 
``Office of the General Counsel Records,'' as this better reflects the 
various records that this system includes. Second, OSHRC would expand 
the categories of individuals covered by this system because some of 
the records maintained by OGC's Office include references to 
Commissioners, Administrative Law Judges, FOIA

[[Page 19558]]

requesters, and parties to OSHRC cases, in addition to the categories 
of individuals mentioned in the current notice. Third, OSHRC would 
include additional records in this system to account for work product 
maintained by attorney advisors and supervisors on personal computers 
and information related to FOIA requests, as well as other unforeseen 
legal matters that may require OGC's Office to maintain personal 
identifiable information. Fourth, OSHRC would revise the purpose of 
this system to reflect the variety of matters handled by OGC's Office 
and to account for staff members' use of personal computers to organize 
their work product. Fifth, OSHRC would delete the routine uses that 
pertain to intra-agency disclosures because, as previously mentioned, 
such disclosures are covered by section 552a(b)(1). Finally, OSHRC 
would revise its policy for storage, retention and disposal, and 
safeguarding to reference the additional records that OSHRC proposes 
including in this system.
    As to ``Case Management/Tracking System,'' OSHRC-6, OSHRC proposes 
the following changes. First, in addition to records in the electronic 
tracking system, OSHRC would include the original case files and 
various lists used for administrative purposes in the system of 
records. Also, OSHRC would revise the notice to reflect that the 
Executive Secretary's Office maintains many of these files. Second, 
OSHRC would revise the categories of individuals covered by this system 
to include parties in cases that have been, or presently are, before 
OSHRC, in addition to Commission members, ALJs, and representatives 
participating in those cases. OSHRC would also omit information that is 
irrelevant to which categories of individuals are covered by the 
system. Third, OSHRC would list the categories of records that are 
currently maintained in the case tracking system, some of which are 
included in the current notice, and would also include the categories 
of records maintained by the Executive Secretary's Office. Fourth, 
OSHRC would revise the ``purpose'' section of the notice to explain 
that the records in this system are maintained for the purpose of 
processing OSHRC cases. Fifth, OSHRC would delete the routine uses that 
pertain to intra-agency disclosures because, as previously mentioned, 
such disclosures are covered by section 552a(b)(1). Also, OSHRC would 
add routine uses authorizing disclosure of records to a bar association 
or similar federal, state, or local licensing authority for a possible 
disciplinary action; and, in accordance with 29 U.S.C. 661(g), 
disclosure of records to the public for the purpose of inspecting and/
or copying the records. Sixth, OSHRC would revise its storage and 
safeguarding policies to reflect that paper case files are maintained 
in a room protected by smartcard technology, and that the Executive 
Secretary's Office may maintain some records on personal computers. 
Seventh, OSHRC would revise the notice to describe the various methods 
by which electronic records can be retrieved using the case tracking 
system because the description in the current notice is no longer 
accurate. Finally, OSHRC would explain how records maintained by the 
Executive Secretary's Office are retrieved.
    OSHRC's proposed BRUs and systems of records are published in their 
entirety below.

Table of Contents

Government-Wide System-of-Records Notices
Blanket Routine Uses
OSHRC-1 Travel Records
OSHRC-2 Mailing Lists for News Releases, Speeches, Booklets, Reports
OSHRC-3 Public Transportation Benefit Program Records
OSHRC-4 Payroll and Related Records
OSHRC-5 Office of the General Counsel Records
OSHRC-6 Case Management/Tracking System
OSHRC-7 Personnel Security Records
OSHRC-8 Identification Card and Office Key Distribution Records
OSHRC-9 Visitors' Log Records

Government-Wide System-of-Records Notices

    In addition to the internal systems of records described below, 
OSHRC also maintains certain records covered by government-wide systems 
of records. Government-wide systems of records are established by 
Federal agencies, such as the Office of Personnel Management (OPM) and 
the Government Accountability Office (GAO), responsible for government-
wide functions. These systems are described in notices published by the 
establishing agency. While the establishing agency creates and 
administers the systems, the actual records are physically maintained 
at agencies throughout the government, such as OSHRC. Requests for 
OSHRC records covered by a government-wide system of records should be 
directed to OSHRC. In accordance with the directive of Office of 
Management and Budget (OMB) Circular No. A-130, OSHRC is not providing 
notice of internal systems of records that wholly or partly duplicate 
existing government-wide systems of records.

Blanket Routine Uses

    In addition to the disclosures generally permitted under 5 U.S.C. 
552a(b), including the specific routine uses set forth for each system 
of records, OSHRC may disclose a record or information in a Privacy Act 
system of records under 5 U.S.C. 552a in the following circumstances, 
provided that disclosure of the record or information is compatible 
with the purpose for which the record or information was collected.
    (1) It shall be a blanket routine use of the records in OSHRC's 
systems of records to disclose them to the Department of Justice (DOJ), 
or to a court or adjudicative body before which OSHRC is authorized to 
appear, when:
    (a) OSHRC, or any of its components; or
    (b) Any employee of OSHRC in his or her official capacity; or
    (c) Any employee of OSHRC in his or her individual capacity where 
the 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) In the event that a record in OSHRC's systems of records 
indicates on its face, or in conjunction with other information, a 
violation or potential violation of law, whether civil, criminal or 
regulatory in nature, and whether arising by general statute or order 
issued pursuant thereto, the relevant record may be referred, as a 
blanket routine use, to the appropriate agency, whether Federal, state, 
local, or foreign, charged with the responsibility of investigating or 
prosecuting such violation, or charged with enforcing or implementing 
the statute, or rule, regulation or order issued pursuant thereto.
    (3) A record from an OSHRC system of records may be disclosed as a 
blanket routine use 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

[[Page 19559]]

contract; or the issuance of a license, grant or other benefit.
    (4) In response to a request from a Federal, state, or local 
agency, a record from an OSHRC system of records may be disclosed as a 
blanket routine use to the requesting agency 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. Records will be disclosed only to the 
extent that the information is relevant and necessary to the requesting 
agency's decision in the matter.
    (5) A record from an OSHRC system of records may be disclosed as a 
blanket routine use 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. Records will be disclosed only to the extent that the 
information is relevant and necessary to the case or matter.
    (6) A record from an OSHRC system of records may be disclosed as a 
blanket routine use to OPM in accordance with the agency's 
responsibilities for evaluation and oversight of federal personnel 
management.
    (7) A record from an OSHRC system of records may be disclosed as a 
blanket routine use 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) The information contained in an OSHRC system of records may be 
disclosed to the 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) A record in an OSHRC system of records may be disclosed as a 
blanket routine use 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) A record in an OSHRC system of records may be disclosed as a 
blanket routine use 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.
OSHRC-1

System Name:
    Travel Records.

Security Classification:
    None.

System Location:
    Office of Administration, OSHRC, 1120 20th Street, NW., Ninth 
Floor, Washington, DC 20036-3457.

Categories of Individuals Covered by the System:
    This system of records covers current and former OSHRC employees 
who have traveled pursuant to authorized official OSHRC business.

Categories of Records in the System:
    This system of records includes travel expense records, such as 
vouchers and receipts, and records pertaining to destinations, 
itinerary, mode of transportation, purpose, and dates of travel. These 
records may reference an employee's name, mailing address, and social 
security number (as of May 2005, only the last four digits of an 
employee's social security number are printed on travel authorizations 
and vouchers).

Authority for Maintenance of the System:
    5 U.S.C. 5701 et seq.; 29 U.S.C. 661; 44 U.S.C. 3101.

Purpose(s):
    This system of records is maintained for the purposes of planning, 
authorizing, and tracking employees' official travel, and processing 
travel vouchers and other travel-related payments.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    See Blanket Routine uses.
    Records disclosed to the Bureau of the Public Debt's Administrative 
Resource Center, the travel service provider under contract with OSHRC, 
are covered by GSA/GOVT-4, see 69 FR 75980, December 20, 2004. Records 
disclosed pursuant to the Travel Charge Card Program are covered by 
GSA/GOVT-3, see 69 FR 4517, January 30, 2004.

Disclosures to Consumer Reporting Agencies:
    None.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    Records are stored on paper in file cabinets.

Retrievability:
    Records can be retrieved manually by name.

Retention and Disposal:
    Records are retained and disposed of in accordance with NARA's 
General Records Schedule (GRS) requirements for travel records. See GRS 
9, Items 3 and 4.

Safeguards:
    Records are maintained in file cabinets. During duty hours, records 
are under surveillance of personnel charged with their custody, and 
after duty hours, the records are secured behind locked doors. Access 
to the cabinets is limited to personnel having a need for access to 
perform their official functions.

System Manager(s) And Address:
    Administrative Assistant (Budget), Office of Administration, OSHRC, 
1120 20th Street, NW., Ninth Floor, Washington, DC 20036-3457.

Notification Procedure:
    Individuals interested in inquiring about their records should 
notify: Executive Director, 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).

Record Access Procedures:
    Individuals who wish to gain access to their records should notify: 
Executive Director, 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: 
Executive Director, OSHRC, 1120 20th Street, NW., Washington, Ninth 
Floor, DC 20036-3457. For an explanation on the specific procedures for 
contesting the contents of a record, refer to 29 CFR 2400.7 (procedures 
for requesting amendment).

Record Source Categories:
    Information in this system of records comes from the individual to 
whom it applies.

Exemptions Claimed for the System:
    None.
OSHRC-2

System Name:
    Mailing Lists for News Releases, Speeches, Booklets, Reports.

Security Classification:
    None.

[[Page 19560]]

System Location:
    Public Information Office, OSHRC, 1120 20th Street, NW., Ninth 
Floor, Washington, DC 20036-3457.

Categories of Individuals Covered by the System:
    This system of records covers all persons who are sent information 
about OSHRC.

Categories of Records in the System:
    This system of records contains individuals' addresses, business 
affiliations, and the information they desire to receive.

Authority for Maintenance of the System:
    5 U.S.C. 301; 29 U.S.C. 661; 44 U.S.C. 3101.

Purpose(s):
    This system of records is maintained for the purpose of 
disseminating information pertaining to OSHRC, such as information 
related to the hiring of personnel, case dispositions, procedures, 
speeches, and statistical reports.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    In addition to the Blanket Routine Uses discussed above, 
disclosures may be made to other Federal agencies, upon written 
request, if disclosure of the record or information is compatible with 
the purpose for which the record or information was collected. Under no 
circumstances, however, will OSHRC sell or rent an individual's name or 
address unless such action is specifically authorized by law, 5 U.S.C. 
552a(n).

Disclosures to Consumer Reporting Agencies:
    None.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    Records are stored on paper in file cabinets and electronically on 
personal computers.

Retrievability:
    Records can be retrieved manually and electronically by name.

Retention and Disposal:
    Records are maintained indefinitely unless an individual requests 
that his or her reference be deleted, in which case the reference is 
disposed of immediately.

Safeguards:
    Paper records are maintained in metal file cabinets. During duty 
hours, records are under surveillance of personnel charged with their 
custody, and after duty hours, records are secured behind locked doors. 
Access to the cabinets is limited to personnel having a need for access 
to perform their official functions. Electronic records are maintained 
on personal computers secured in offices under surveillance of 
personnel charged with custody of the records. After duty hours, 
personal computers are secured behind locked doors. Access to personal 
computers is limited to personnel having a need for access to perform 
their official functions and is additionally restricted through 
password identification procedures.

System Manager(s) and Address:
    Public Information Officer, OSHRC, 1120 20th Street, NW., Ninth 
Floor, Washington, DC 20036-3457.

Record Access Procedures:
    Individuals who wish to gain access to their records should notify: 
Executive Director, 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).

Notification Procedure:
    Individuals interested in inquiring about their records should 
notify: Executive Director, 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).

Contesting Record Procedures:
    Individuals who wish to contest their records should notify: 
Executive Director, 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 
2400.7 (procedures for requesting amendment).

Record Source Categories:
    Information in this system either comes from the individual to whom 
it applies or is derived from private source directories.

Exemptions Claimed For The System:
    None.
OSHRC-3

System Name:
    Public Transportation Benefit Program Records.

Security Classification:
    None.

System Location:
    Office of Administration, OSHRC, 1120 20th Street, NW., Ninth 
Floor, Washington, DC 20036-3457.

Categories of Individuals Covered by the System:
    This system of records covers all employees enrolled in the Public 
Transit Subsidy Program.

Categories of Records in the System:
    This system of records includes information submitted by current 
and former participants via the OSHRC Transit Form and Transportation 
Subsidy Application. These forms contain the employee's name and social 
security number. The system also contains certification forms used to 
document the disbursement of subsidies, which include the employee's 
name and signature, and the subsidy amount requested.

Authority for Maintenance of the System:
    29 U.S.C. 661; Executive Order 13150.

Purpose(s):
    This system of records is maintained for the purpose of documenting 
an employee's participation in the Public Transit Subsidy Program.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    In addition to the Blanket Routine Uses discussed above, pursuant 
to sections 5 and 10 of the Debt Collection Act of 1982, 5 U.S.C. 
5514(a), as amended by the Debt Collection Improvement Act of 1996, 31 
U.S.C. 3716, records relating to the implementation of the Act may be 
disclosed to other Federal agencies to effect salary or administrative 
offsets, or for other purposes connected with the collection of debts 
owed to the United States. Records may also be disclosed to provide 
information as necessary to other federal, state, local or foreign 
agencies conducting computer matching programs to help eliminate fraud 
and abuse and to detect unauthorized overpayments made to individuals. 
When disclosures are made as part of computer matching programs, OSHRC 
will comply with the Computer Matching and Privacy Protection Act of 
1988, and the Computer Matching and Privacy Protections Amendments of 
1990.

Disclosures to Consumer Reporting Agencies:
    None.

[[Page 19561]]

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    Records are stored on paper in file cabinets.

Retrievability:
    Records can be retrieved manually by name.

Retention and Disposal:
    Records are retained and disposed of in accordance with NARA's GRS 
requirements for transportation subsidy records. See GRS 9, Item 7.

Safeguards:
    Paper records are maintained in locked file cabinets. During duty 
hours, the records are under surveillance of personnel charged with 
their custody, and after duty hours, the records are secured behind 
locked doors. Access to the cabinets is limited to personnel having a 
need for access to perform their official functions.

System Manager(s) and Address:
    Administrative Assistant (Budget), Office of Administration, OSHRC, 
1120 20th Street, NW., Ninth Floor, Washington, DC 20036-3457.

Record Access Procedures:
    Individuals who wish to gain access to their records should notify: 
Executive Director, 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).

Notification Procedure:
    Individuals interested in inquiring about their records should 
notify: Executive Director, 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).

Contesting Record Procedures:
    Individuals who wish to contest their records should notify: 
Executive Director, 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 
2400.7 (procedures for requesting amendment).

Record Source Categories:
    Information in this system of records comes from applicants to, and 
current and former participants in, the Public Transit Subsidy Program.

Exemptions Claimed for the System:
    None.
OSHRC-4

System Name:
    Payroll and Related Records.

Security Classification:
    None.

System Location:
    (1) Paper files and electronic files are maintained by various 
offices within OSHRC, including the Office of the Executive Secretary, 
the Office of Administration, the Office of the Chief Administrative 
Law Judge, and the Office of the General Counsel, located at 1120 20th 
Street, NW., Ninth Floor, Washington, DC 20036-3457; and OSHRC offices 
located at 100 Alabama Street, SW., Building 1924, Room 2R90, Atlanta, 
GA 30303-3104, and 1244 North Speer Boulevard, Room 250, Denver, CO 
80204-3582. (2) Pursuant to an interagency agreement, records are also 
located at the U.S. Department of Agriculture, National Finance Center 
(NFC), P.O. Box 60000, New Orleans, LA 70160-0001.

Categories of Individuals Covered by the System:
    This system of records covers current and former employees of OSHRC 
and Commission members.

Categories of Records in the System:
    The records maintained in this system, and the categories of 
records referenced therein, are as follows. (1) Time and attendance 
sheets include the employee's name and social security number; the 
employee's and timekeeper's initials and the supervisor's signature; 
the timekeeper's Time and Attendance contact point; the number of hours 
worked by the employee during each pay period; and the amount of leave 
accrued and used during the pay period, and the total amount of leave 
available to the employee. (2) Flexitime sign-in reports include the 
employee's name, and the time at which the employee starts and leaves 
work each day during the pay period. (3) Records pertaining to requests 
for leave or an approved absence include the employee's name, the 
date(s) for which leave is requested, the type of leave requested, the 
purpose for using sick leave (examination, care of family member or 
bereavement, or other), and whether leave is used pursuant to the 
Family Medical Leave Act. (4) Direct deposit records include the 
employee's name and signature, address, and telephone number; the type 
of depositor account selected for direct deposit, and the account and 
routing numbers; and a voided check. (5) Tax records include the 
employee's name and signature, social security number, marital status, 
and address; the number of allowances for which the employee qualifies; 
and further information which may be required on state, county, or city 
withholding certificates. And (6) other records related to payroll, 
such as those pertaining to deductions (e.g., Combined Federal Campaign 
Designations), may include some or all of the information specified 
above.

Authority for Maintenance of the System:
    5 U.S.C. 301, 5516, 5517, 5520; 26 U.S.C. 6011, 6109; 29 U.S.C. 
661; 44 U.S.C. 3101.

Purpose(s):
    Records are used by OSHRC and NFC employees to maintain adequate 
payroll information for OSHRC employees and Commission members.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    The following routine uses may result in disclosures of records 
maintained in this system:
    1. See Blanket Routine Uses.
    2. Records may be disclosed to the Internal Revenue Service (IRS) 
for investigation, and to private attorneys, pursuant to a power of 
attorney.
    3. A copy of an employee's Department of the Treasury Form W-2, 
Wage and Tax Statement, may be disclosed to the IRS.
    4. A copy of an employee's Form W-2 may be disclosed to state, 
city, or other local jurisdictions which are authorized to tax the 
employee's compensation. The record will be provided in accordance with 
a withholding agreement between the state, city, or other local 
jurisdiction and the Department of the Treasury pursuant to 5 U.S.C. 
5516, 5517, and 5520, or in response to a written request from an 
appropriate official of the taxing jurisdiction. The request must 
include a copy of the applicable statute or ordinance authorizing the 
taxation of compensation and should indicate whether the authority of 
the jurisdiction to tax the employee is based on place of residence, 
place of employment, or both.
    5. Pursuant to a withholding agreement between a city and the 
Department of the Treasury (5 U.S.C. 5520), copies of executed city tax 
withholding certifications shall be furnished the city in response to 
written requests from an appropriate city official to the Office of 
Administration.

[[Page 19562]]

    6. Records may be disclosed to NFC to effect issuance of paychecks 
or electronic fund transfers (EFT) to employees, and distribution of 
allotments and deductions to financial and other institutions, and for 
other authorized purposes.
    7. Records may be disclosed to the Thrift Savings Board to update 
Section 401K type records and benefits; to the Social Security 
Administration to establish social security records and benefits; to 
the Department of Labor to process workmen's compensation claims; to 
the Department of Defense to adjust military retirement; to employee 
unions to credit accounts for employees with union dues deductions; to 
health insurance carriers to process insurance claims; and to the 
Department of Veterans Affairs for the purpose of evaluating veteran's 
benefits to which the individual may be entitled.
    8. Pursuant to sections 5 and 10 of the Debt Collection Act of 
1982, as amended by the Debt Collection Improvement Act of 1996, 
records relating to the implementation of the Act may be disclosed to 
other federal agencies to effect salary or administrative offsets, or 
for other purposes connected with the collection of debts owed to the 
United States, see 5 U.S.C. 5514(a); 5 U.S.C. 3716.
    9. Records may be disclosed to provide information as necessary to 
other federal, state, local or foreign agencies conducting computer 
matching programs to help eliminate fraud and abuse and to detect 
unauthorized overpayments made to individuals. When disclosures are 
made as part of computer matching programs, OSHRC will comply with the 
Computer Matching and Privacy Protection Act of 1988, and the Computer 
Matching and Privacy Protections Amendments of 1990.
    10. The names, social security numbers, home addresses, dates of 
birth, dates of hire, quarterly earnings, employer identifying 
information, and state of hire of employees may be disclosed to the 
Office of Child Support Enforcement, Administration for Children and 
Families, Department of Health and Human Services for the purpose of 
locating individuals to establish paternity, identifying sources of 
income, and for other child support enforcement actions as required by 
the Personal Responsibility and Work Opportunity Reconciliation Act of 
1996, 42 U.S.C. 653(n).

Disclosures 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:
    Records are stored on paper in file cabinets and electronically at 
OSHRC's Denver, Atlanta, and Washington, DC offices. Records are also 
stored electronically at NFC; backups of these records are stored on 
floppy disks, which are maintained with the paper records in the file 
cabinets.

Retrievability:
    Records are retrieved manually and electronically by name and/or 
social security number.

Retention and Disposal:
    Records are retained and disposed of in accordance with NARA's GRS 
requirements for payroll-related records. See GRS 2.

Safeguards:
    Paper records are maintained in file cabinets. During duty hours, 
the records are under surveillance of personnel charged with their 
custody, and after duty hours, the records are secured behind locked 
doors. Access to the cabinets is limited to personnel having a need for 
access to perform their official functions. Electronic records are 
maintained by OSHRC on personal computers, which are secured in offices 
under surveillance of personnel charged with custody of the records.
    OSHRC sends time and attendance information electronically to its 
contractor, NFC, which is located in a secured federal complex. Within 
this secured building, the Computer Operations Center is located in a 
controlled access room. Specific employees have been identified as 
system and database administrators having specific responsibilities 
allowing access to OSHRC personnel and payroll data. Security is 
embedded within the software in both the operating system and at the 
application level. Individuals not granted access rights cannot view or 
change data. The database is monitored by software applications that 
provide audits of log-ins, both successful and failed. Backups of the 
information provided to NFC may also be stored on floppy disks, which 
are maintained with the paper records in the file cabinets at OSHRC.

System Manager(s) and Address:
    Personnel Management Specialist, OSHRC, 1120 20th Street, NW., 
Ninth Floor, Washington, DC 20036-3457.

Notification Procedure:
    Individuals interested in inquiring about their records should 
notify: Executive Director, 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).

Record Access Procedures:
    Individuals who wish to gain access to their records should notify: 
Executive Director, 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: 
Executive Director, 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 
2400.7 (procedures for requesting amendment).

Record Source Categories:
    Information in this system either comes from the individual to whom 
it applies or is derived from information compiled by OSHRC employees 
performing administrative duties.

Exemptions Claimed for the System:
    None.
OSHRC-5

System Name:
    Office of the General Counsel Records.

Security Classification:
    None.

System Location:
    Office of the General Counsel (OGC), OSHRC, 1120 20th Street, NW., 
Ninth Floor, Washington, DC 20036-3457.

Categories of Individuals Covered by the System:
    This system of records covers OSHRC attorneys (including 
supervising attorneys); Commission members; Administrative Law Judges 
(ALJs); Freedom of Information Act requesters; and parties in cases 
that have been, or presently are, before OSHRC.

[[Page 19563]]

Categories of Records in the System:
    This system of records contains cases and other matters before 
OSHRC that have been assigned to OGC for processing. A pending case 
list is maintained that references the case name; the case docket 
number; OSHRC attorneys (including supervising attorneys) who most 
recently have been assigned to work on the case; and the most recent 
dates of the various stages in the progress of the case, starting with 
assignment to OGC and ending with issuance of a decision. Additional 
records relevant to cases that are, or were, pending before OSHRC may 
reference the aforementioned personal identifying information, as well 
as the names of Commission members and ALJs. Finally, records may also 
reference the names of individuals relevant to matters unrelated to 
OSHRC cases, such as FOIA requesters.

Authority for Maintenance of the System:
    5 U.S.C. 301; 29 U.S.C. 661; 44 U.S.C. 3101.

Purpose(s):
    This system of records is maintained to assist management in making 
decisions with respect to case processing activities, and other 
matters, such as FOIA requests; and to assist OSHRC attorneys in 
organizing their work product.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    See Blanket Routine Uses.

Disclosures To Consumer Reporting Agencies:
    None.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    Pending case lists are maintained on personal computers and on 
paper in report form in file cabinets. Other records in this system are 
maintained electronically on personal computers.

Retrievability:
    Pending case lists may be retrieved manually and electronically by 
case name, docket number, date of case activity, or name of attorney or 
supervising attorney. Other records may be retrieved electronically by 
case name, by the Commission member's or ALJ's name, or by the names of 
other individuals, such as FOIA requesters.

Retention and Disposal:
    Records are maintained indefinitely on personal computers, and 
paper reports generated from the system are kept for as long as needed 
for case management purposes.

Safeguards:
    Paper records are maintained in file cabinets. During duty hours, 
the records are under surveillance of personnel charged with their 
custody, and after duty hours, the records are secured behind locked 
doors. Access to the cabinets is limited to personnel having a need for 
access to perform their official functions. Electronic records are 
maintained on personal computers secured in offices under surveillance 
of personnel charged with custody of the records. After duty hours, 
personal computers are secured behind locked doors. Access to personal 
computers is limited to personnel having a need for access to perform 
their official functions and is additionally restricted through 
password identification procedures.

System Manager(S) and Address:
    Office of the General Counsel, OSHRC, 1120 20th Street, NW., Ninth 
Floor, Washington, DC 20036-3457.

Notification Procedure:
    Individuals interested in inquiring about their records should 
notify: Executive Director, 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).

Record Access Procedures:
    Individuals who wish to gain access to their records should notify: 
Executive Director, 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: 
Executive Director, 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 
2400.7 (procedures for requesting amendment).

Record Source Categories:
    Information in this system is derived from the individual to whom 
it applies or is derived from case processing records maintained by the 
Office of the Executive Secretary and the Office of the General 
Counsel.

Exemptions Claimed for the System:
    None.
OSHRC-6

System Name:
    Case Management/Tracking System.

Security Classification:
    None.

System Location:
    Electronic records are maintained by the Information Technology 
Office, and paper records are maintained by the Office of the Executive 
Secretary, both of which are located at 1120 20th Street, NW., Ninth 
Floor, Washington, DC 20036-3457.

Categories of Individuals Covered by the System:
    This system of records covers (1) ALJs; (2) Commission members; (3) 
representatives, and parties in cases that have been, or presently are, 
before OSHRC.

Categories of Records in the System:
    The case tracking system contains the following information in its 
electronic database: (1) The names, office telephone numbers, and/or 
office addresses of those covered by the system of records; (2) the 
names of OSHRC cases, and information associated with the cases, such 
as the inspection number, the docket number, the state in which the 
action arose, and the names of the representatives; (3) events 
occurring in cases and the dates on which the events occurred; and (4) 
documents filed in cases and the dates on which the documents were 
filed. Although the electronic records also include the names of OSHRC 
employees who enter each case record, and the date each record is 
initially entered and last modified, the names of these employees 
cannot be retrieved using their personal identifiable information.
    Case files contain hard copies of the documents referenced in the 
tracking system. Various paper and electronic administrative records 
pertaining to the case files may reference docket numbers and the names 
or initials of employees.

Authority for Maintenance of the System:
    29 U.S.C. 661.

Purpose:
    This system of records is maintained for the purpose of processing 
cases that are before OSHRC.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    In addition to the Blanket Routine Uses discussed above, when 
considered

[[Page 19564]]

appropriate, records in this system may be referred to a bar 
association or similar federal, state, or local licensing authority for 
a possible disciplinary action. Also, in accordance with 29 U.S.C. 
661(g), OSHRC's case files may be disclosed to the public for the 
purpose of inspecting and/or copying the records.

Disclosures to Consumer Reporting Agencies:
    None.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    Electronic records contained in the case tracking system are stored 
on a computer file server. Paper records and other electronic records 
are stored in the records room, in file cabinets, and on personal 
computers.

Retrievability:
    Electronic records contained in the case tracking system may be 
retrieved by docket number, inspection number, or state, or by any part 
of a representative's name or the case name. Case files may be 
retrieved manually by docket number, and related electronic and paper 
records may be retrieved electronically or manually by name and/or 
docket number.

Retention and Disposal:
    Electronic records contained in the case tracking system are 
maintained indefinitely on a computer file server. Other electronic and 
paper records are maintained in accordance with the General Record 
Schedule.

Safeguards:
    The computer file server is located in a locked room which requires 
a coded password for access. Access to the server is limited to 
personnel having a need for access to perform their official functions. 
In addition, server access requires network authentication at the 
server and application levels.
    Paper records are maintained in a records room that can only be 
accessed using a smartcard or a key. Some paper records are also 
maintained in file cabinets. During duty hours, these records are under 
surveillance of personnel charged with their custody, and after duty 
hours, the records are secured behind locked doors. Access to the 
cabinets is limited to personnel having a need for access to perform 
their official functions.
    Some electronic records are maintained on personal computers 
secured in offices under surveillance of personnel charged with custody 
of the records. After duty hours, personal computers are secured behind 
locked doors. Access to personal computers is limited to personnel 
having a need for access to perform their official functions and is 
additionally restricted through password identification procedures.

System Manager(s) and Address:
    Information Technology Specialist (case tracking system records) 
and the Executive Secretary (all other records), 1120 20th Street, NW., 
Ninth Floor, Washington, DC 20036-3457.

Notification Procedure:
    Individuals interested in inquiring about their records should 
notify: Executive Director, 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).

Record Access Procedures:
    Individuals who wish to gain access to their records should notify: 
Executive Director, 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: 
Executive Director, 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 
2400.7 (procedures for requesting amendment).

Record Source Categories:
    Information in this system is derived from the individual to whom 
it applies or is derived from case processing records maintained by the 
Office of the Executive Secretary and the Office of the General 
Counsel, or from information provided by the parties who appear before 
OSHRC.

Exemptions Claimed for the System:
    None.
OSHRC-7

System Name:
    Personnel Security Records.

Security Classification:
    None.

System Location:
    The Office of the Administrator at each OSHRC location maintains 
the records for its employees and contractors. The central office is 
located at 1120 20th Street, NW., Ninth Floor, Washington, DC 20036-
3457. The branch offices are located at 100 Alabama Street, SW., 
Building 1924, Room 2R90, Atlanta, GA 30303-3104; and 1244 North Speer 
Boulevard, Room 250, Denver, CO 80204-3582.

Categories of Individuals Covered by the System:
    This system of records covers individuals who require long-term 
access to federally controlled buildings and federally controlled 
information systems. Specifically, the categories of individuals 
covered by this system of records include: (1) Federal employees, as 
defined under 5 U.S.C. 2105, within OSHRC; (2) individuals employed by, 
detailed to, or assigned to OSHRC; (3) short-term employees of OSHRC, 
whose terms are for 6 or more months; and (4) individuals under 
contract to OSHRC, requiring routine access to OSHRC's federally 
controlled facilities and/or federally controlled information systems.
    Federally controlled buildings are defined in FIPS 201 as: (1) 
Federally owned buildings or leased space, whether for single or multi-
tenant occupancy, and its grounds and approaches, all or any of which 
is under the jurisdiction, custody or control of a department or agency 
covered by HSPD 12; and (2) federally controlled commercial space 
shared with non-government tenants. Federally controlled information 
systems are defined by the Federal Security Management Act of 2002, 44 
U.S.C. 3544(a)(1)(A)(ii), as ``[i]nformation systems used or operated 
by an agency or by a contractor of an agency or other organization on 
behalf of an agency.''

Categories of Records in the System:
    This system of records contains a form, titled ``Personal Identity 
Verification (PIV) Request for OSHRC Credential,'' on which information 
relevant to the credentialing process is recorded. The form includes 
the following information about the individual being credentialed: (1) 
Name; (2) country of citizenship; (3) phone number; (4) birth date; (5) 
hair color, eye color, height, weight, and gender; (6) employment 
position (or position to which individual is to be hired) and work 
address; (7) e-mail address; (8) information gathered from identity 
source documents, including the name on the documents, the document 
numbers, the document titles, the issuers, and the expiration dates; 
and (9) the name, identifier, and expiration date

[[Page 19565]]

on the credential issued by OSHRC. The form also includes the signature 
of the individual being credentialed, and the names, phone numbers, e-
mail addresses, and signatures of the various OSHRC employees 
responsible for sponsoring, registering, and issuing the credential.
    The system of records also contains a passport-sized color 
photograph of each credentialed individual. And, once a National Agency 
Check with Written Inquiries (NACI) has been completed, a copy of the 
OFI-79A, which may include information regarding a credentialed 
individual's criminal history, is included in the system of records.
    Other security forms, such as the Standard Form 85 and a 
fingerprint chart, are completed by each credentialed individual. 
However, these forms are forwarded to the Office of Personnel 
Management (OPM) by overnight/FedEx or by certified mail, return 
receipt requested, and copies of these forms will not be maintained in 
the system of records. Accordingly, these records are covered by OPM's 
notice for OPM/CENTRAL-9, Personnel Investigations Records, see 58 FR 
19154, 19184, Apr. 12, 1993, and not by the instant notice.

Authority for Maintenance of the System:
    Executive Orders 10450 and 10577; Homeland Security Presidential 
Directive (HSPD) 12; Federal Information Processing Standard 
Publication (FIPS) 201; and OMB Memorandum M-05-24.

Purpose(s):
    The categories of records contained in the system must be collected 
pursuant to the policy that OSHRC has developed to comply with HSPD 12. 
The purpose of this policy is to create a ``reliable, government-wide 
PIV system for use in applications such as access to federally 
controlled facilities and information systems.'' See FIPS 201 sec. 1.1.
    The specific information collected by OSHRC allows OPM to conduct 
NACIs on those individuals being credentialed, assists OSHRC in 
verifying the identity of those for whom credentials have been 
requested, and provides OSHRC the necessary information to issue 
identification cards.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    See Blanket Routine Uses.

Disclosure to Consumer Reporting:
    Not applicable.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    Records are stored on paper in a file cabinet.

Retrievability:
    Records are retrievable by an individual's identification card 
number.

Safeguards:
    Records are maintained in a file cabinet. During duty hours, the 
records are under surveillance of personnel charged with their custody, 
and after duty hours, the records are secured behind locked doors. 
Access to the cabinet is limited to personnel having a need for access 
to perform their official functions.

Retention and Disposal:
    Records are retained and disposed of in accordance with NARA's GRS 
requirements for personnel security clearance files. See GRS 18, Item 
22.

System Manager(s) and Address:
    The Contracting Officer at the following OSHRC locations: 1120 20th 
Street, NW., Ninth Floor, Washington, DC 20036-3457; 100 Alabama 
Street, SW., Building 1924, Room 2R90, Atlanta, GA 30303-3104; and 1244 
North Speer Boulevard, Room 250, Denver, CO 80204-3582.

Notification Procedure:
    Individuals interested in inquiring about their records should 
notify: Executive Director, 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).

Record Access Procedures:
    Individuals who wish to gain access to their records should notify: 
Executive Director, 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: 
Executive Director, 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 
2400.7 (procedures for requesting amendment).

Record Source Categories:
    Information contained in the system is obtained from individuals 
subject to the credentialing process, OSHRC employees involved in the 
credentialing process, and investigative record materials furnished by 
OPM.

Exemptions Claimed for the System:
    None.
OSHRC-8

System Name:
    Identification Card and Office Key Distribution Records.

Security Classification:
    None.

System Location:
    The Office of Administration at each OSHRC location maintains the 
records for its employees and contractors. The central office is 
located at 1120 20th Street, NW., Ninth Floor, Washington, DC 20036-
3457. The branch offices are located at 100 Alabama Street, SW., 
Building 1924, Room 2R90, Atlanta, GA 30303-3104; and 1244 North Speer 
Boulevard, Room 250, Denver, CO 80204-3582.

Categories of Individuals Covered by the System:
    This system of records covers individuals who require long-term 
access to federally controlled buildings. Specifically, the categories 
of individuals covered by this system of records include: (1) Federal 
employees, as defined under 5 U.S.C. 2105, within OSHRC; (2) 
individuals employed by, detailed to, or assigned to OSHRC; (3) short-
term employees of OSHRC, whose terms are for 6 or more months; and (4) 
individuals under contract to OSHRC, requiring routine access to 
OSHRC's federally controlled facilities.
    Federally controlled buildings are defined in FIPS 201 as: (1) 
Federally owned buildings or leased space, whether for single or multi-
tenant occupancy, and its grounds and approaches, all or any of which 
is under the jurisdiction, custody or control of a department or agency 
covered by HSPD 12; and (2) federally controlled commercial space 
shared with non-government tenants.

Categories of Records in the System:
    This system of records contains the following information regarding 
each identification card issued: (1) The name of the individual 
identified on the card; (2) the identification number associated with 
the card (the cards are numbered sequentially, starting at ``1''); (3) 
the dates on which the card was issued and,

[[Page 19566]]

if applicable, destroyed; and (4) whether the card was issued as a 
replacement. The system also contains a list of all individuals who 
possess keys to OSHRC facilities. Finally, the system contains 
memoranda verifying which identification cards have been lost or 
stolen, and who has been issued a replacement office key.

Authority for Maintenance of the System:
    Federal Property and Administrative Services Act of 1949, 40 U.S.C. 
121(c); HSPD 12; FIPS 201; and OMB Memorandum M-05-24.

Purpose(s):
    The categories of records contained in the system must be collected 
pursuant to the policy that OSHRC has developed to comply with HSPD 12. 
The purpose of this policy is to create a ``reliable, government-wide 
PIV system for use in applications such as access to federally 
controlled facilities and information systems.'' See FIPS 201 sec. 1.1.
    The system of records assists OSHRC in (1) restricting access to 
OSHRC facilities, (2) ensuring positive identification of those who are 
permitted access, (3) maintaining a record of all holders of 
identification cards, and (4) identifying lost or stolen cards.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    See Blanket Routine Uses.

Disclosure to Consumer Reporting Agencies:
    Not applicable.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    Records are stored on paper in a file cabinet.

Retrievability:
    Records are retrievable by (1) an individual's name, (2) the 
identification card number, and/or (3) the date on which the card was 
issued or destroyed.

Safeguards:
    Records are maintained in a file cabinet. During duty hours, the 
records are under surveillance of personnel charged with their custody, 
and after duty hours, the records are secured in a locked file cabinet 
behind locked doors. Access to the cabinet is limited to personnel 
having a need for access to perform their official functions.

Retention and Disposal:
    The records will be maintained until they are superseded or 
obsolete.

System Manager(s) and Address:
    The Contracting Officer at the following OSHRC locations: 1120 20th 
Street, NW., Ninth Floor, Washington, DC 20036-3457; 100 Alabama 
Street, SW., Building 1924, Room 2R90, Atlanta, GA 30303-3104; and 1244 
North Speer Boulevard, Room 250, Denver, CO 80204-3582.

Notification Procedure:
    Individuals interested in inquiring about their records should 
notify: Executive Director, 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).

Record Access Procedures:
    Individuals who wish to gain access to their records should notify: 
Executive Director, 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: 
Executive Director, OSHRC, 1120 20th Street, NW., Ninth Floor, 
Washington, DC 20036-3457. For an explanation on the specific 
procedures for contesting the content of a record, refer to 29 CFR 
2400.7 (procedures for requesting amendment).

Record Source Categories:
    Information contained in the system is obtained from individuals 
who have been issued OSHRC identification cards or office keys.

Exemptions Claimed for the System:
    None.
OSHRC-9

System Name:
    Visitors' Log Records.

Security Classification:
    None.

System Location:
    Office of Administration, OSHRC, 1120 20th Street, NW., Ninth 
Floor, Washington, DC 20036-3457.

Categories of Individuals Covered by the System:
    This system of records covers all individuals entering OSHRC 
offices who lack the proper credentials to enter without notifying 
OSHRC personnel.

Categories of Records in the System:
    This system of records includes the name of the visitor, the date 
of the visit, the company represented by the visitor, the arrival and 
departure times, the purpose of the visit, and the identity of the 
OSHRC escort.

Authority for Maintenance of the System:
    Federal Property and Administrative Services Act of 1949, 40 U.S.C. 
121(c).

Purpose(s):
    This system of records assists OSHRC in identifying each person who 
visits an OSHRC facility, and in restricting access based on his or her 
purpose for visiting the facility.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    See Blanket Routine Uses.

Disclosures to Consumer Reporting Agencies:
    None.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    Records are stored on paper in binders.

Retrievability:
    Records can be retrieved manually by name or date.

Retention and Disposal:
    Records are retained and disposed of in accordance with NARA's GRS 
requirements for visitor control files. See GRS 18, Item 17.

Safeguards:
    Records are maintained in a binder placed on the front desk. During 
duty hours, the binder is under surveillance of personnel occupying the 
front desk. After duty hours, the front desk can be accessed only by 
those who possess an office key or smartcard.

System Manager(s) and Address:
    Office of Administration, OSHRC, 1120 20th Street, NW., Ninth 
Floor, Washington, DC 20036-3457.

Record Access Procedures:
    Individuals who wish to gain access to their records should notify: 
Executive Director, 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).

Notification Procedure:
    Individuals interested in inquiring about their records should 
notify:

[[Page 19567]]

Executive Director, 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).

Contesting Record Procedures:
    Individuals who wish to contest their records should notify: 
Executive Director, 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 
2400.7 (procedures for requesting amendment).

Record Source Categories:
    Information in this system of records comes from the individual to 
whom the record pertains.

Exemptions Claimed for the System:
    None.

    Dated: April 6, 2006.
W. Scott Railton,
Chairman.
 [FR Doc. E6-5541 Filed 4-13-06; 8:45 am]
BILLING CODE 7600-01-P