[Federal Register Volume 89, Number 69 (Tuesday, April 9, 2024)]
[Rules and Regulations]
[Pages 24713-24714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07323]


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NATIONAL LABOR RELATIONS BOARD

29 CFR Part 102


Privacy Act of 1974; System of Records

AGENCY: National Labor Relations Board.

ACTION: Direct final rule.

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SUMMARY: The National Labor Relations Board (``NLRB'' or ``Agency''), 
as part of publishing a notice of a modified Privacy Act system of 
records for the NxGen system and the rescindment of legacy systems of 
records, is removing exemptions for eight of those legacy systems of 
records from certain provisions of the Privacy Act of 1974. This rule 
is being published as a direct final rule as the Agency does not expect 
to receive any significant adverse comments. If such comments are 
received, this direct final rule will be withdrawn and a proposed rule 
for comments will be published.

DATES: This rule is effective June 10, 2024 without further action 
unless significant adverse comments are received by May 9, 2024. If 
such comments are received, the NLRB will publish a timely withdrawal 
of the rule in the Federal Register.

ADDRESSES: All persons who desire to submit written comments for 
consideration by the Agency regarding the rule shall mail them to the 
Agency's Senior Agency Official for Privacy, National Labor Relations 
Board, 1015 Half Street SE, Third Floor, Washington, DC 20570-0001, or 
submit them electronically to [email protected]. Comments may also be 
submitted electronically through http://www.regulations.gov, which 
contains a copy of this rule and any submitted comments.

FOR FURTHER INFORMATION CONTACT: Fitz Raymond, Associate Chief 
Information Officer, Information Assurance, National Labor Relations 
Board, 1015 Half Street SE, Third Floor, Washington, DC 20570-0001, 
(202) 273-3733, [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    The Privacy Act permits Federal agencies to exempt eligible records 
in a system of records from certain provisions of the Act, including 
the provisions providing individuals with a right to request access to 
and amendment of their own records and accountings of disclosures of 
such records. If an agency intends to exempt a particular system of 
records, it must first go through the rulemaking process to provide 
public notice and an opportunity to comment on the proposed exemption.
    Elsewhere in this issue of the Federal Register, the Agency has 
announced a modified system of records, Next Generation Case Management 
System (NxGen) (NLRB-33), and rescindment of systems of records. 
Pursuant to subsections (k) of the Privacy Act, and for the reasons set 
forth below, the Board is making technical changes within 29 CFR 
102.119 to remove references to exemptions for seven legacy systems 
that are being rescinded related to NxGen:
    1. Attorney Disciplinary Case Files (Nonemployees) (NLRB-20);
    2. Case Activity Tracking System (CATS) and Associated Regional 
Office Files (NLRB-25);
    3. Regional Advice and Injunction Litigation System (RAILS) and 
Associated Headquarters Files (NLRB-28);
    4. Appeals Case Tracking System (ACTS) and Associated Headquarters 
Files (NLRB-30);
    5. Judicial Case Management Systems-Pending Case List (JCMS-PCL) 
and Associated Headquarters Files (NLRB-21);
    6. Solicitor's System (SOL) and Associated Headquarters Files 
(NLRB-23); and
    7. Special Litigation Case Tracking System (SPLIT) and Associated 
Headquarters Files (NLRB-27).
    Additionally, the Board is making technical changes within 29 CFR 
102.119 to remove references to one system that is no longer 
operational and which the Board will rescind as a Privacy Act system of 
record in a forthcoming notice: Freedom of Information Act Tracking 
System (FTS) and Associated Agency Files (NLRB-32).
    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.), the Agency has determined that this rule would not 
impose new recordkeeping, application, reporting, or other types of 
information collection requirements on the public.

II. Direct Final Rulemaking

    This rule is being published as a direct final rule as the Agency 
does not expect to receive any significant adverse comments. If such 
comments are received, this direct final rule will be withdrawn and a 
proposed rule for comments will be published.
    For purposes of this rule, a significant adverse comment is one 
that explains (1) why the rule is inappropriate, including challenges 
to the rule's underlying premise or approach; or (2) why the direct 
final rule will be ineffective or unacceptable without a change. In 
determining whether a significant adverse comment necessitates 
withdrawal of this direct final rule, the Agency will consider whether 
the comment raises an issue serious enough to warrant a substantive 
response had it been submitted in a standard notice-and-comment 
process. A comment recommending an addition to the rule will not be 
considered significant and adverse unless the comment explains how this 
direct final rule would be ineffective without the addition.
    An agency typically uses direct final rulemaking when it 
anticipates the rule will be non-controversial. The Agency has 
determined that this rule is suitable for direct final rulemaking. The 
rule makes technical changes to 29 CFR 102.119 to remove references to 
exemptions for seven legacy systems replaced by NxGen (plus a system 
that will be rescinded later, NLRB-32). Related to NxGen, a notice of a 
modified system of records and rescindment of systems of records is 
also published in this issue of the Federal Register. Accordingly, 
pursuant to 5 U.S.C. 553(b), the Agency has for good cause determined 
that the notice and comment requirements are unnecessary.

List of Subjects in 29 CFR Part 102

    Privacy, Reporting and recordkeeping requirements.

    For the reasons stated in the preamble, the NLRB amends 29 CFR part 
102 as follows:

[[Page 24714]]

PART 102--RULES AND REGULATIONS, SERIES 8

0
1. The authority citation for part 102 continues to read as follows:

    Authority:  29 U.S.C. 151, 156. Section 102.117 also issued 
under 5 U.S.C. 552(a)(4)(A), and Sec.  102.119 also issued under 5 
U.S.C. 552a(j) and (k). Sections 102.143 through 102.155 also issued 
under 5 U.S.C. 504(c)(1).


0
2. Amend Sec.  102.119 by:
0
a. Removing and reserving paragraphs (k) and (l);
0
b. Revising paragraph (m); and
0
c. Revising the second sentences of paragraphs (n)(4) and (6).
    The revisions read as follows:


Sec.  102.119  Privacy Act Regulations: Notification as to whether a 
system of records contains records pertaining to requesting 
individuals; requests for access to records, amendment of such records, 
or accounting of disclosures; time limits for response; appeal from 
denial of requests; fees for document duplication; files and records 
exempted from certain Privacy Act requirements.

* * * * *
    (m) Pursuant to 5 U.S.C. 552a(k)(2), investigatory material 
compiled for law enforcement purposes that is contained in the Next 
Generation Case Management System (NxGen) (NLRB-33), are exempt from 
the provisions of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), 
(e)(4)(H), (e)(4)(I), and (f).
    (n) * * *
    (4) * * * Because certain information from this system of records 
is exempt from subsection (d) of the Act concerning access to records, 
and consequently, from subsection (f) of the Act concerning Agency 
rules governing access, these requirements are inapplicable to that 
information.
* * * * *
    (6) * * * Because certain information from this system is exempt 
from subsection (d) of the Act, the requirements of subsection (f) of 
the Act are inapplicable to that information.
* * * * *

    Dated: April 2, 2024, Washington, DC.

    By direction of the Board.
Roxanne L. Rothschild,
Executive Secretary, National Labor Relations Board.
[FR Doc. 2024-07323 Filed 4-8-24; 8:45 am]
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