[Federal Register Volume 86, Number 241 (Monday, December 20, 2021)]
[Notices]
[Pages 71877-71879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27438]


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CONSUMER PRODUCT SAFETY COMMISSION

[Docket Number CPSC-2021-0035]


Privacy Act of 1974; System of Records

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of modified system of records.

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SUMMARY: Pursuant to the Privacy Act of 1974, the Consumer Product 
Safety Commission (CPSC) is proposing changes to one system of records 
notice (SORN). CPSC is proposing to amend CPSC 23--Equal Employment 
Opportunity (EEO) Disability/Accommodation Files. The amendment will 
expand the authorities for maintenance of the system, the purposes of 
the system, the categories of individuals covered by the system, the 
record source categories, and the records contained in the system, to 
include records of requests for accommodation based on sincerely held 
religious beliefs, practices, or observances.

DATES: Comments must be received no later than January 19, 2022. The 
modified system of records described here will become effective January 
19, 2022.

ADDRESSES: Comments, identified by Docket No. CPSC-2021-0035, can be 
submitted electronically or in writing:
    Electronic Submissions: Submit electronic comments to the Federal 
eRulemaking Portal at: http://www.regulations.gov. Follow the 
instructions for submitting comments. CPSC does not accept comments 
submitted by electronic mail (email), except through 
www.regulations.gov. CPSC encourages you to submit electronic comments 
by using the Federal eRulemaking Portal, described above.
    Written Submissions: Submit written submissions by Mail/Hand 
delivery/Courier (for paper, disk, or CD-ROM submissions) to the Office 
of the General Counsel, Division of the Secretariat, Consumer Product 
Safety Commission, 4330 East West Highway, Bethesda, MD 20814; 
telephone: (800) 638-2772.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. All comments received will be 
posted without change to: http://www.regulations.gov, including any 
personal information provided. Do not submit electronically any 
confidential business information, trade secret information, or other 
sensitive or protected information that you do not want to be available 
to the public. If you wish to provide such information, please submit 
it in writing.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov and insert the 
docket number, CPSC-2021-0034, into the ``Search'' box, and follow the 
prompts.

FOR FURTHER INFORMATION CONTACT: Abioye Mosheim, Assistant General 
Counsel, Consumer Product Safety Commission, Office of the General 
Counsel, Division of the Secretariat, telephone 301-504-7454, 4330 East 
West Highway, Bethesda MD 20814.

SUPPLEMENTARY INFORMATION: CPSC is proposing to amend the authorities 
for maintenance of the system, purposes of the system, the categories 
of records contained in the system, the categories of individuals 
covered by the system, the record source categories, a citation in the 
Routine Uses section, a citation in the Record Access Procedures 
section, and a citation in the Contesting Records Procedures section of 
CPSC 23--Equal Employment Opportunity (EE) Disability/Accommodation 
Files.\1\
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    \1\ The Commission voted unanimously (4-0) to publish this 
notice.
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    CPSC is updating the System Location by adding, ``U.S.'' to 
agency's title. CPSC expanded the Categories of Individuals Covered by 
the System beyond the Rehabilitation Act and the Americans with 
Disabilities Act to include ``race, color, religion, sex (including 
gender identity and pregnancy), national origin, disability, age, 
genetic information, sexual orientation, parental status, and/or any 
basis covered by Executive Order 11478.'' Categories of Records in the 
System now includes supporting documentation, in addition to 
correspondence. The Authority Section was expanded beyond the 
Rehabilitation Act and the Americans with Disabilities Act to include 
Title VII of the Civil Rights Act, relevant Executive Orders, and 
CPSC's EEO Directive. The Purposes were expanded to cover religious 
beliefs, in addition to disabilities, as well as prospective, current, 
and former employees; and to provide more detail. The Routine Uses now 
refer to the 12 exceptions found in the Privacy Act, as well as 
additional circumstances that require sharing information with external 
entities, including medical personnel, other federal agencies not 
already referenced in the Privacy Act exceptions, and contractors. The 
Retention section was changed to refer generally to the National 
Archives and Record Administration applicable records-retention 
requirements if the timeframe changes later. Other minor changes were 
made, including formatting and title corrections.
    CPSC sent a report to Congress and the Office of Management and 
Budget for their evaluation.
    For the public's convenience, CPSC's amended system of records is 
published in full below, with changes italicized.

SYSTEM NAME AND NUMBER:
    CPSC-23, Equal Employment Opportunity (EEO) Disability/
Accommodation Files.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    Office of Equal Employment Opportunity and Minority Enterprise, 
U.S. Consumer Product Safety Commission, 4330 East-West Highway, 
Bethesda, MD 20814.

SYSTEM MANAGER(S):
    Director, Office of Equal Employment Opportunity and Minority 
Enterprise, U.S. Consumer Product Safety Commission, 4330 East-West 
Highway, Bethesda, MD 20814.

[[Page 71878]]

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Executive Order 14043, Requiring Coronavirus Disease 2019 
Vaccination for Federal Employees (Sept. 9, 2021), Executive Order 
13991, Protecting the Federal Workforce and Requiring Mask-Wearing 
(Jan. 20, 2021), Executive Order 12196, Occupational Safety and Health 
Program for Federal Employees (Feb. 26, 1980), Executive Order 11478 
(Aug. 8, 1969), 5 U.S.C. chapters 11 and 79, the Rehabilitation Act, 29 
U.S.C. 794, the Americans with Disabilities Act, 42 U.S.C. 12101, Title 
VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, and CPSC's 
Directive on Equal Employment Opportunity and Procedures for Filing 
Complaints of Discrimination.

PURPOSES OF THE SYSTEM:
    The purposes of this system are: (1) To allow CPSC to collect and 
maintain records on prospective, current, and former employees with 
disabilities or sincerely held religious beliefs, practices, or 
observances who requested or received reasonable accommodation by CPSC; 
(2) to track and report the processing of requests for reasonable 
accommodation at CPSC to comply with applicable law and regulations; 
and (3) to maintain the confidentiality of medical or religious 
information submitted by or on behalf of applicants or employees 
requesting reasonable accommodation.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals, classes of individuals, or representatives designated 
to act on behalf of CPSC employees, former employees, or applicants for 
employment who have (1) consulted with an Equal Employment Opportunity 
(EEO) counselor and/or (2) who have filed a formal complaint alleging 
discrimination on the basis of race, color, religion, sex (including 
gender identity and pregnancy), national origin, disability, age, 
genetic information, sexual orientation, parental status and/or any 
basis covered by Executive Order 11478, because of a determination, 
decision, action, or non-action administered against them by a 
departmental official, as well as individuals alleging reprisal for 
having previously participated in EEO activity and/or (3) who have 
filed a request for a medical or religious reasonable accommodation.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Correspondence and supporting documentation submitted to the 
Commission to request reasonable accommodations. Records contain 
information such as name, address, city, state, telephone number and 
other pertinent information related to the individual's request for 
reasonable accommodation.

RECORD SOURCE CATEGORIES:
    Information in these records is furnished by: (1) Individual to 
whom the record pertains; (2) CPSC officials; (3) affidavits or 
statements from employee; (4) testimonies of witnesses; (5) official 
documents relating to appeals, grievances, or complaints; (6) 
correspondence from specific organizations or persons.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Information about covered individuals may be disclosed without 
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 552a(b), and:
    1. To physicians or other medical professionals to provide them 
with or obtain from them the necessary medical documentation and/or 
certification for reasonable accommodation.
    2. To another federal agency or commission with responsibility for 
labor or employment relations or other issues, including equal 
employment opportunity and reasonable accommodation issues, when that 
agency or commission has jurisdiction over reasonable accommodation 
issues.
    3. To the Office of Management and Budget (OMB), Department of 
Labor (DOL), Office of Personnel Management (OPM), Equal Employment 
Opportunity Commission (EEOC), or Office of Special Counsel (OSC) to 
obtain advice regarding statutory, regulatory, policy, and other 
requirements related to reasonable accommodations.
    4. To appropriate third-parties contracted by the Agency to 
facilitate mediation or other dispute resolution procedures or 
programs.
    5. To the Department of Defense (DOD) for purposes of procuring 
assistive technologies and services through the Computer/Electronic 
Accommodation Program in response to a request for reasonable 
accommodation.
    6. To appropriate agencies, entities, and persons when (1) CPSC 
suspects or has confirmed that there has been a breach of the system of 
records, (2) CPSC has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, CPSC 
(including its information systems, programs, and operations), the 
Federal Government, or national security; and (3) the disclosure made 
to such agencies, entities, and persons is reasonably necessary to 
assist in connection with CPSC's efforts to respond to the suspected or 
confirmed breach or to prevent, minimize, or remedy such harm.
    7. To another Federal agency or Federal entity, when CPSC 
determines that information from this system of records is reasonably 
necessary to assist the recipient agency or entity in (1) responding to 
a suspected or confirmed breach or (2) 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.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records will be maintained in hard copy in file folders or on 
computer disk/drive.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records will be indexed and retrieved by name.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are maintained and destroyed in accordance with the 
National Archives and Record Administration's (NARA) Basic Laws and 
Authorities (44 U.S.C. 3301, et seq.) or a CPSC records disposition 
schedule approved by NARA. Records existing on paper are destroyed 
beyond recognition.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Records are maintained in locked/password protected files in a 
secured environment; access is limited to those persons whose official 
duties require such access.

RECORD ACCESS PROCEDURES:
    CPSC's access and amendment regulations are found at 16 CFR part 
1014. Inquiries should be sent to CPSC's Chief FOIA Officer, Office of 
the General Counsel, Division of the Secretariat, U.S. Consumer Product 
Safety Commission, 4330 East West Highway, Bethesda, MD 20814.

CONTESTING RECORD PROCEDURES:
    Same as notification.

NOTIFICATION PROCEDURES:
    Same as notification.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    CPSC-23, Equal Employment Opportunity (EEO) Disability/

[[Page 71879]]

Accommodation files (last published at 77 FR 29596 (May 18, 2012)).

    Dated: December 14, 2021.
Alberta Mills,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2021-27438 Filed 12-17-21; 8:45 am]
BILLING CODE 6355-01-P