[Federal Register Volume 86, Number 222 (Monday, November 22, 2021)]
[Notices]
[Pages 66301-66303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25382]


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

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 a new system of records.

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

SUMMARY: In accordance with the Privacy Act of 1974, the Federal Mine 
Safety and Health Review Commission (FMSHRC) is issuing a notice of a 
new Privacy Act system of records FMSHRC-09.

DATES: This new system of records is effective upon publication; 
however, comments on the Routine Uses will be accepted on or BEFORE 
December 22, 2021. The Routine Uses are effective at the close of the 
comment period.

ADDRESSES: You may submit comments by any of the following methods:
     Email: [email protected]. Include ``PRIVACY ACT SYSTEM 
OF RECORDS'' in the subject line of the message.
     Fax: (202) 434-9916.
     Mail: Privacy Act Coordinator, 1331 Pennsylvania Avenue 
NW, Suite 520N, Washington, DC 20004-1710.
     Hand Delivery/Courier: Same as mailing address.
    Instructions: All submissions must include your name, return 
address, and email address, if applicable. Please clearly label 
submissions as ``PRIVACY ACT SYSTEM OF RECORDS.''

FOR FURTHER INFORMATION CONTACT: Michael Chirico, Governmental Liaison 
and Policy Advisor, Office of the Chair, via telephone at (202) 434-
9909 or via email at [email protected].

SUPPLEMENTARY INFORMATION: The Privacy Act of 1974, 5 U.S.C. 
552a(e)(4), requires federal agencies such as FMSHRC to publish in the 
Federal Register notice of any new or modified system of records. As 
detailed below,

[[Page 66302]]

FMSHRC is issuing FMSHRC-09 to create a new system of records for 
reasonable accommodation requests by agency applicants and employees 
who request a reasonable accommodation for a medical reason or a 
sincerely held religious belief, and for employees who request a 
reasonable accommodation for protected leave to care for family, or 
protected leave for military service.
    The notice for FMSHRC-09, provided below in its entirety, is as 
follows.

SYSTEM NAME AND NUMBER:
    Workplace Requests and Reasonable Accommodation Records, FMSHRC-09.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    Office of the Chair, FMSHRC, 1331 Pennsylvania Avenue NW, Suite 
520N, Washington, DC 20004-1710.

SYSTEM MANAGER:
    Reasonable Accommodation Coordinator, Office of the Chair, FMSHRC, 
1331 Pennsylvania Avenue NW, Suite 520N, Washington, DC 20004-1710.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    30 U.S.C. 823; 44 U.S.C. 3101 et seq.; the Rehabilitation Act of 
1973, 29 U.S.C. 701 et seq.; Americans with Disabilities Act (``ADA''), 
as amended by the ADA Amendments Act of 2008, 42 U.S.C. 12101 et seq.; 
Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq.; the 
Family and Medical Leave Act of 1993, 29 U.S.C. 2601 et seq.; the 
Uniformed Services Employment and Reemployment Rights Act of 1994, 38 
U.S.C. 4301 et seq.; 29 CFR part 1630; and E.O. 13164 as amended by 
E.O. 13478.

PURPOSE(S) OF THE SYSTEM:
    This system is maintained for the purpose of considering, deciding 
and implementing requests for reasonable accommodation made by 
Commission employees and applicants, and to preserve and maintain 
confidentiality of the individuals making the request.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Current and former Commission employees and applicants who have 
requested reasonable accommodations for a medical reason, a sincerely 
held religious belief, or for protected leave.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Applicant or employee requests for reasonable accommodations; 
medical information; religious information; military service orders or 
records; notes or records made during consideration of requests; 
decisions on requests; and records made to implement or track decisions 
on requests.

RECORD SOURCE CATEGORIES:
    Information in this system of records comes from the individual to 
whom it applies, and is derived from information supplied by that 
individual such as a doctor's statement, medical information, or 
military service orders or records.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to disclosures generally permitted under 5 U.S.C. 
552a(b), all or a portion of the records or information contained in 
this system of records may be disclosed pursuant to 5 U.S.C. 552a(b)(3) 
under the circumstances or for the purposes described below, to the 
extent such disclosures are compatible with the purposes for which the 
information was collected:
    1. To an agency, organization, or individual for audit or oversight 
operations as authorized by law, but only such information as is 
necessary and relevant to such audit or oversight function when 
necessary to accomplish an agency function related to the system of 
records. Individuals provided information under this routine use are 
subject to the same Privacy Act requirements and limitations on 
disclosure as are applicable to Commission officers and employees.
    2. To appropriate agencies, entities, and persons when: (a) FMSHRC 
suspects or has confirmed that there has been a breach of the system of 
records; (b) FMSHRC has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, FMSHRC, the 
Federal Government, or national security; and (c) the disclosure made 
to such agencies, entities, and persons is reasonably necessary to 
assist in connection with FMSHRC's efforts to respond to the suspected 
or confirmed breach or to prevent, minimize, or remedy such harm.
    3. To another federal agency or federal entity, when FMSHRC 
determines that information from this system of records is reasonably 
necessary to assist the recipient agency or entity in (a) responding to 
a suspected or confirmed breach or (b) preventing, minimizing, or 
remedying the risk of harm to individuals, the recipient agency or 
entity (including its information systems, programs, and operations), 
the Federal Government, or national security, resulting from a 
suspected or confirmed breach.
    4. To an appropriate federal, state, local, foreign, or tribal or 
other public authority if the information is relevant and necessary to 
a requesting agency's decision concerning the hiring or retention of an 
individual, or issuance of a security clearance, background 
investigation, contract, or other benefit, or if the information is 
relevant and necessary to a Commission decision concerning the 
retention of an employee, the issuance of a security clearance, the 
reporting of an investigation of an employee, the vetting of a 
contract, or the issuance of another benefit and when disclosure is 
appropriate to the proper performance of the official duties of the 
person making the request.
    5. To a Member of Congress or staff on behalf of and at the request 
of the individual who is the subject of the record.
    6. To contractors, experts, consultants, the agents thereof, and 
others performing or working on a contract, service, grant, cooperative 
agreement, or other assignment for the Commission, when necessary to 
accomplish an agency function related to the system of records. 
Individuals provided information under this routine use are subject to 
the same Privacy Act requirements and limitations on disclosure as are 
applicable to Commission officers and employees.
    7. To an appropriate federal, state, tribal, local, or foreign 
agency or other appropriate authority charged with investigating or 
prosecuting a violation or enforcing or implementing a law, rule, 
regulation, or order, where a record, either on its face or in 
conjunction with other information, indicates a violation or potential 
violation of law, which includes criminal, civil, or regulatory 
violations and such disclosure is proper and consistent with the 
official duties of the person making the disclosure.
    8. To the Department of Justice, the Commission's outside counsel, 
other federal agencies conducting litigation, or in proceedings before 
any court, adjudicative or administrative body, when (a) the 
Commission, or (b) any employee of the Commission in his or her 
official capacity, or (c) any employee of the Commission in his or her 
individual capacity where the Department of Justice or the Commission 
has agreed to represent the employee, or (d) the United States or any 
agency thereof, is a party to the litigation or has an interest in such 
litigation, and the Commission determines that the records are both 
relevant and necessary to the litigation and the use of such records is

[[Page 66303]]

compatible with the purpose for which the Commission collected the 
records.
    9. To the National Archives and Records Administration (NARA) for 
records management purposes; to the Government Accountability Office 
for oversight purposes; to the Department of Justice to obtain that 
department's advice regarding disclosure obligations under the Freedom 
of Information Act (FOIA); to NARA's Office of Government Information 
Services (OGIS) for record inspection purposes and to facilitate OGIS' 
offering of mediation services to resolve disputes between persons 
making FOIA requests and administrative agencies; or to the Office of 
Management and Budget to obtain that office's advice regarding 
obligations under the Privacy Act.
    10. In an appropriate proceeding before a court, grand jury, or 
administrative or adjudicative body, when the Commission determines 
that the records may be relevant and necessary to the proceeding or in 
an appropriate proceeding before another administrative or adjudicative 
body when the adjudicator determines the records to be relevant and 
necessary to the proceeding.
    11. To respond to subpoenas, specifically approved by a court, in 
any litigation or other proceeding, and the Commission determines that 
the records are both relevant and necessary to the litigation and the 
use of such records is compatible with the purpose for which the 
Commission collected the records.
    12. To a federal, state, tribal, local, or foreign government 
agency or entity for the purpose of consulting with that agency or 
entity: (a) To assist in making a determination regarding redress for 
an individual in connection with the operations of a Commission 
program; (b) for the purpose of verifying the identity of an individual 
seeking redress in connection with the operations of a Commission 
program; or (c) for the purpose of verifying the accuracy of 
information submitted by an individual who has requested such redress 
on behalf of another individual.
    13. To such recipients and under such circumstances and procedures 
as are mandated by federal statute.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records in this system are stored in paper format and 
electronically on a secured network drive with limited personnel 
access.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records in this system can be retrieved by name.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Retention and disposal of records is in accordance with National 
Archives and Records Administration's General Records Schedule.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Access is limited to authorized individuals with passwords, cipher 
lock combinations, or keys. Electronic files are maintained on a 
secured network drive with limited user access. Access to the 
Commission's office in Washington, DC, may be gained only by using an 
electronic programmed Kastle Card, which is provided only to Commission 
personnel and is changed on a regular basis.
    Paper records, which may exist for records of previous employees 
prior to electronic files, are stored in a locked file cabinet in a 
locked file room with access only by Commission personnel responsible 
for maintenance of those records. The building where the records are 
stored has security cameras and security guard service. The records are 
kept in limited access areas during duty hours and in locked file 
cabinets and/or locked offices or file rooms at all other times. Access 
is limited to those personnel whose official duties require access.

RECORD ACCESS PROCEDURES:
    Individuals who wish to gain access to their records should notify: 
Privacy Officer, FMSHRC, 1331 Pennsylvania Avenue NW, Suite 520N, 
Washington, DC 20004-1710. For an explanation on how such requests 
should be drafted, refer to the Commission's regulations contained in 
29 CFR part 2705.

CONTESTING RECORD PROCEDURES:
    Individuals who wish to contest their records should notify: 
Privacy Officer, FMSHRC, 1331 Pennsylvania Avenue NW, Suite 520N, 
Washington, DC 20004-1710. For an explanation on the specific 
procedures for contesting the contents of a record, refer to the 
Commission's regulations contained in 29 CFR part 2705.

NOTIFICATION PROCEDURE:
    Individuals who wish to inquire about their records should notify: 
Privacy Officer, FMSHRC, 1331 Pennsylvania Avenue NW, Suite 520N, 
Washington, DC 20004-1710. For an explanation on the specific 
procedures for contesting the contents of a record, refer to the 
Commission's regulations contained in 29 CFR part 2705.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

HISTORY:
    None.

    Dated: November 17, 2021.
Sarah L. Stewart,
Deputy General Counsel, Federal Mine Safety and Health Review 
Commission.
[FR Doc. 2021-25382 Filed 11-19-21; 8:45 am]
BILLING CODE 6735-01-P