[Federal Register Volume 86, Number 245 (Monday, December 27, 2021)]
[Notices]
[Pages 73406-73407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28022]


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SURFACE TRANSPORTATION BOARD


Privacy Act of 1974; System of Records

ACTION: Notice of a new system of records.

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AGENCY: Surface Transportation Board.
SUMMARY: This system will allow the Surface Transportation Board (STB) 
to collect, maintain and track records on employees and applicants for 
employment with disabilities who requested or received reasonable 
accommodation from the STB, and to allow the STB to collect, maintain 
and track records on employees who requested or received religious 
accommodations from the STB.

DATES: Please submit comments on or before January 14, 2022. This new 
system is effective upon publication in today's Federal Register, with 
the exception of the routine uses, which are effective January 14, 
2022.

ADDRESSES: Address comments concerning this notice to Marquis Toson, 
Privacy Officer, [email protected]. Comments may also be sent to Marquis 
Toson, Privacy Officer, Surface Transportation Board, 395 E Street SW, 
Washington, DC 20423, (202) 245-0458 (Fax).

FOR FURTHER INFORMATION CONTACT: Marquis Toson, Surface Transportation 
Board, 395 E Street, SW, Washington, DC 20423, (202) 245-0458 (Fax), 
[email protected].

SUPPLEMENTARY INFORMATION: Under the Privacy Act of 1974 (5 U.S.C. 
552a), as amended, Federal agencies are required to publish a system of 
records notice in the Federal Register informing the public of any new 
or modified system of records maintained by the agency and searched by 
personal identifier. The following notice describes a new system of 
records.

System Name and Number:
    Religious and Disability Reasonable Accommodation Records within 
the Office 365 MT system.

Security Classification:
    Unclassified

System Location:
    395 E Street SW, Washington, DC 20423, Office 365 MT is a multi-
tenant cloud computing-based subscription service offering from 
Microsoft.

System Manager(S):
    Greg Marzetta, Surface Transportation Board, 395 E Street SW, Suite 
1027.

Authority for Maintenance of the System:
    Rehabilitation Act of 1973; 29 U.S.C. Section 701 et seq. Americans 
with Disabilities Act (ADA) as amended; 42 U.S.C. 12101 et seq. Title 
VII of the Civil Rights Act of 1964; 42 U.S.C. 2000e et seq. Executive 
Order 13164 (July 28, 2000).

Purpose(S) of the System:
    To allow the STB to collect, maintain and track records on current 
and former employees and applicants for employment with disabilities, 
who request and receive reasonable accommodation, as required by 
Sections 501, 504, and 701 of the Rehabilitation Act of 1973 and the 
ADA Amendments Act of 2008. In addition, to allow the STB to collect, 
maintain and track records on current and former employees and 
applicants and applicants who request religious accommodation as 
required by Title VII of the Civil Rights Act of 1964. The system will 
track the receipt, processing and disposition of requests for 
disability accommodation and religious accommodation to comply with 
applicable laws and regulations and to preserve and maintain 
confidentiality.

Categories of Individuals Covered by the System:
    Current and former Surface Transportation Board employees and 
applicants for employment at the Surface Transportation Board.

Categories of Records in the System:
    Case number, name, accommodation requested, date of request, job 
position, office/division, accommodation type, impairment, disability 
type, description of religious belief and/or practices, and case notes.

Record Source Categories:
    Information in this system comes from the employee/applicant to 
whom it applies (or their representative), members of the STB 
Reasonable

[[Page 73407]]

Accommodation Advisory Panel, an employee's supervisor, other required 
STB personnel and/or the treating physician(s) or medical institution.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and Purposes of Such Uses:
    In addition to the disclosures permitted under subsection (b) of 
the Privacy Act, the STB may disclose information contained in this 
system of records without the consent of the subject individual, if the 
disclosure is compatible with the purpose for which the records was 
collected under the following routine uses:
    a. A record from this system of records may be disclosed as a 
routine use to provide information to OPM and/or MSPB for review, 
audit, or reporting purposes;
    b. A record from this system of records that indicates a violation 
of civil or criminal law regulation or order may be referred as a 
routine use to a Federal, State, or local agency that has authority to 
investigate, enforce, implement or prosecute such laws;
    c. A record from this system of records may be disclosed as a 
routine use to a Federal, State, or local agency, to obtain information 
relevant to an STB decision concerning hiring or retaining an employee, 
letting a contract, or issuing a security clearance, license, grant or 
other benefit;
    d. A record from this system of records may be disclosed as a 
routine use, if it is relevant and necessary, in the course of 
discovery; in presenting evidence to a court, magistrate, 
administrative tribunal, or grand jury or pursuant to a qualifying 
order from any of those; in alternative dispute resolution proceedings, 
such as arbitration or mediation; or in the course of settlement 
negotiations;
    e. A record from this system of records may be disclosed as a 
routine use to a Congressional office from the record of an individual 
in response to an inquiry from the Congressional office made at the 
request of that individual;
    f. A record from this system of records may be disclosed as a 
routine use to STB experts or consultants, and those under contract 
with the STB on a ``need-to-know'' basis for a purpose within the scope 
of an STB task. This access will be granted to an STB contractor or 
employee of such contractor by a system manager only after satisfactory 
justification has been provided to the system manager;
    g. A record from this system of records may be disclosed as a 
routine use to appropriate agencies, entities, and persons when (1) STB 
suspects or has confirmed that there has been a breach of the systems 
of records, (2) STB has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, STB (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 STB efforts to respond to the suspected or confirmed 
breach or to prevent, minimize, or remedy such harm; and
    h. A record from this system of records may be disclosed as a 
routine use to another Federal agency or Federal entity, when the STB 
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 individual, 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:
    Electronic records are stored on a secure server. Sensitive or 
confidential paper records are stored in a secured room or filing 
cabinet.

Policies and Practices for Retrieval of Records:
    Records are retrieved by employee/requester name or case number.

Policies and Practices for Retention and Disposal of Records:
    Records are retained under the National Archives and Records 
Administration's General Records Schedule 2.3: Employee Relations 
Records; 020 Reasonable Accommodation Case Files, Temporary. Destroy 3 
years after employee separation from the agency or all appeals are 
concluded whichever is later, but longer retention is authorized if 
required for business use.

Administrative, Technical, And Physical Safeguards:
    Only personnel with a ``need to know'' are authorized to access the 
records. Network access to electronic records is generally controlled 
by PIV-enabled or password-enabled authenticated user and limited 
according to job function. Additionally, access to the electronic 
records is only available from STB government furnished equipment. 
Access to hard-copy records is controlled by lock and key or by access 
to a secure area and is limited according to job function and ``need to 
know''.

Record Access Procedures:
    Same as ``Notification Procedures''

Contesting Record Procedures:
    Same as ``Notification Procedures''

Notification Procedures:
    Individuals seeking to determine whether this system of records 
contains information about them should write to the Freedom of 
Information Act or Privacy Act Officer at Surface Transportation Board, 
395 E Street SW, Washington, DC 20423, (202) 245-0458 (Fax), 
[email protected].

Exemptions Promulgated for the System:
    None.

History:
    None.

    Dated: December 21, 2021.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2021-28022 Filed 12-23-21; 8:45 am]
BILLING CODE 4915-01-P