[Federal Register Volume 87, Number 98 (Friday, May 20, 2022)]
[Notices]
[Pages 30951-30953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10927]


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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 modified system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Federal Mine 
Safety and Health Review Commission (FMSHRC) is revising the notice of 
Privacy Act system of records FMSHRC-06.

DATES: This revised system of records is effective upon publication. 
Comments regarding Routine Uses must be received by FMSHRC on or before 
June 21, 2022. The Routine Uses are effective at the close of the 
comment period unless comments necessitate otherwise.

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: Leslie C. Bayless, Chief Operating 
Officer, Office of the Chair, via telephone at (202) 434-9941 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, FMSHRC is revising FMSHRC-06, Official Case Files Filed 
according to and Retrieved by Name of Individually-Named Miner, to 
update FMSHRC's address and listed contact information, to make changes 
to the categories of records in the system and the routine uses of 
records maintained in the system, and to update the policies and 
practices for storing, retrieving, accessing, retaining, and disposing 
of records in the system. The changes to the categories of records in 
the system more specifically describe the records in the system, while 
the changes to the routine uses state with greater specificity the 
routine uses that apply to the system rather than the system's prior 
reference to a general statement of routine uses.
    The notice for FMSHRC-06, provided below in its entirety, is as 
follows.

SYSTEM NAME AND NUMBER:
    Official Case Files Filed according to and Retrieved by Name of 
Individually-Named Miner, FMSHRC-06.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Office of the Docket Office Supervisory Attorney, Federal Mine 
Safety and Health Review Commission, 1331 Pennsylvania Avenue NW, Suite 
520N, Washington, DC 20004-1710.

SYSTEM MANAGER(S):
    Docket Office Supervisory Attorney, Federal Mine Safety and Health 
Review Commission, 1331 Pennsylvania Avenue NW, Suite 520N, Washington, 
DC 20004-1710, [email protected], (202) 434-9950.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    30 U.S.C. 823, 44 U.S.C. 3101 et seq.; 29 CFR part 2700.

PURPOSE(S) OF THE SYSTEM:
    FMSHRC provides trial and appellate review of cases arising under 
the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801 et seq. 
(2018) (Mine Act). Official case files store documents used by FMSHRC 
in its consideration and review of such cases and provide information 
regarding such cases.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individually-named miners whose names are used for filing and 
retrieval purposes of the official case file of cases arising under the 
Mine Act. Official case files are retrieved by reference to docket 
number, and in some instances, by case name. In the large majority of 
cases before FMSHRC, case names are derived from the name of a mine 
operator or a union. In a small percentage of cases, cases are 
identified by an individual miner's name, such as when a miner brings a 
discrimination complaint in an individual capacity under 30 U.S.C. 
815(c)(3), or when the Secretary of Labor takes an enforcement action 
against a miner under 30 U.S.C. 820(c) or 820(g). This system of 
records covers only those case files filed according to and retrieved 
by an individually-named miner's name.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records in this system include notices, orders and decisions issued 
by FMSHRC, filings by parties and their representatives, related 
correspondence, hearing transcripts and exhibits, transcripts of oral 
argument, other case-related recordings, and FMSHRC documents 
pertaining to appeal of the case before a U.S. Court of Appeals.

RECORD SOURCE CATEGORIES:
    The parties, their representatives, FMSHRC.

[[Page 30952]]

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those 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 as a routine use, as defined by 
5 U.S.C. 552a(a)(7), pursuant to 5 U.S.C. 552a(b)(3) under the 
circumstances described below:
    1. To a party in a case presently or formerly before FMSHRC to 
which case the record relates, or to the party's representative.
    2. Pursuant to 5 U.S.C. 552(a)(2) and 29 CFR 2701.1, 2701.2, and 
2702.7(b), to members of the public who visit FMSHRC's website and gain 
access to information about a case including decisions, orders, 
notices, and recordings of oral arguments and decisional meetings 
created in the case and maintained on the website, unless it is 
determined that release of the information in the context of a 
particular case would constitute an unwarranted invasion of personal 
privacy.
    3. 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 FMSHRC officers and employees.
    4. 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.
    5. 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.
    6. To a Member of Congress or staff on behalf of and at the request 
of the individual who is the subject of the record.
    7. To contractors, experts, consultants, the agents thereof, and 
others performing or working on a contract, service, grant, cooperative 
agreement, or other assignment for FMSHRC, when necessary to accomplish 
an agency function related to the system of records.
    8. 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 making the disclosure.
    9. To the Department of Justice, FMSHRC's outside counsel, other 
federal agencies engaged in ongoing, pending, or potential litigation 
when (a) FMSHRC, or (b) any employee of FMSHRC in his or her official 
capacity, or (c) any employee of FMSHRC in his or her individual 
capacity where the Department of Justice or FMSHRC 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 
FMSHRC determines that the records are both relevant and necessary to 
the litigation.
    10. To the National Archives and Records Administration (NARA) for 
the purpose of records management inspections conducted under the 
authority of 44 U.S.C. 2904 and 2906; 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.
    11. In an appropriate proceeding before a court, grand jury, or 
administrative or adjudicative body, when FMSHRC 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.
    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 remedies for 
an individual in connection with the operations of a FMSHRC program; 
(b) for the purpose of verifying the identity of an individual seeking 
remedies in connection with the operations of a FMSHRC program; or (c) 
for the information submitted by an individual who has requested such 
remedies 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:
    Electronic records are stored in FMSHRC's electronic case 
management system. Some parts of the official file that cannot be 
reduced into an electronic format are marked as part of the official 
file and are stored in a physical FMSHRC filing system.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    By case name or docket number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    In accordance with the records schedule approved by the National 
Archives and Records Administration, the cut-off date for files is at 
the close of the case. Files are maintained until 99 years old or when 
no longer needed for reference, whichever is earlier, but no earlier 
than 6 years after cut-off.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Electronic records are safeguarded through use of access codes and 
information technology security in compliance with the FedRAMP 
standardized approach to security assessment, authorization, and 
continuous monitoring for cloud products and services. Contractors and 
other recipients providing services to FMSHRC shall be required to 
maintain equivalent safeguards. Physical records are safeguarded in a 
secured environment. The building where the records are stored has 
security cameras and security guard service. The records are kept in 
locked file rooms in limited access areas. Access to the file rooms is

[[Page 30953]]

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 FMSHRC'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 FMSHRC'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 FMSHRC's 
regulations contained in 29 CFR part 2705.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

HISTORY:
    April 6, 2000, 65 FR 18134.

    Dated: May 17, 2022.
Sarah L. Stewart,
Deputy General Counsel, Federal Mine Safety and Health Review 
Commission.
[FR Doc. 2022-10927 Filed 5-19-22; 8:45 am]
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