[Federal Register Volume 89, Number 103 (Tuesday, May 28, 2024)]
[Notices]
[Pages 46112-46115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11623]


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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 new system of records.

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[[Page 46113]]

SUMMARY: In accordance with the Privacy Act of 1974, the Federal Mine 
Safety and Health Review Commission (FMSHRC) is issuing a notice of new 
Privacy Act system of records, FMSHRC-08.

DATES: This new system of record is effective upon publication; 
however, comments on the Routine Uses will be accepted on or before 
June 27, 2024. 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 FMSHRC-08'' in the subject line of the message.
     Mail: Office of the General Counsel, 1331 Pennsylvania 
Avenue NW, Suite 520N, Washington, DC 20004-1710.
    Instructions: All submissions must include your name, return 
address, and email address, if applicable. Please clearly label 
submissions as ``PRIVACY ACT SYSTEM OF RECORDS FMSHRC-08.''

FOR FURTHER INFORMATION CONTACT: Stacey George, Acting Senior Agency 
Official for Privacy, via telephone (202) 434-9939 or via email at 
[email protected].

SUPPLEMENTARY INFORMATION: The Privacy Act of 1974, and 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 issuing notice of new system of records 
Freedom of Information Act (``FOIA'') Requests and Administrative 
Appeal Records retrieved by name of requester or individual appealing, 
FMSHRC-08, to describe the purpose of the system, to describe the 
records in the system, to specify the routine uses that apply to the 
system, and to describe the policies and practices for storing, 
retrieving, accessing, retaining, and disposing of records in the 
system.
    The notice for FMSHRC-08, provided below in its entirety, is as 
follows.

SYSTEM NAME AND NUMBER:
    Freedom of Information Act (``FOIA'') Requests and Administrative 
Appeals Records retrieved by name of requester or individual appealing, 
FMSHRC-08.

SECURITY CLASSIFICATION:
    Unclassified.

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

SYSTEM MANAGER(S):
    Chief FOIA Officer, Office of the General Counsel, Federal Mine 
Safety and Health Review Commission, 1331 Pennsylvania Avenue NW, Suite 
520N, Washington, DC 20004-1710, [email protected], (202) 434-9900.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    30 U.S.C. 823; 44 U.S.C. 3101 et seq.; 5 U.S.C. 552 et seq.; 29 CFR 
part 2702

PURPOSE(S) OF THE SYSTEM:
    The information in this system is being collected to enable FMSHRC 
to carry out its responsibilities under the FOIA. These 
responsibilities include enabling FMSHRC staff to receive, track, 
process, and respond to access requests and administrative appeals; to 
assist and participate in litigation regarding agency action on such 
requests and appeals; to prepare reports to the Department of Justice 
(DOJ), the Attorney General, the Office of Government Information 
Services (OGIS) and any other Federal government entity with oversight 
over the Commission's FOIA activities; for the purpose of responding to 
inquiries submitted to DOJ's Office of Information Policy regarding 
federal agency compliance with the FOIA; and for the purpose of 
assisting the Commission in carrying out any other responsibilities 
under the FOIA and applicable executive orders or regulations.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The system covers individuals and/or their representatives who 
request records or information from the Commission pursuant to the 
Freedom of Information Act (``FOIA''), 5 U.S.C. 552; individuals who 
are the subject of or who fall within the scope of a FOIA request or 
appeal; attorneys or other persons representing individuals submitting 
such requests and appeals; individuals whose requests and/or records 
have been referred to FMSHRC or whose requests or and/or records have 
been the subject of a consultation with FMSHRC; individuals who submit 
requests for information on other individuals; individuals filing an 
administrative appeal of a denial, in whole or in part, of any such 
request; and the FMSHRC personnel assigned to handle such requests and 
appeals.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The system covers records received, created, and compiled in 
response to a FOIA request or administrative appeal, including: the 
original request; the original appeal; responses to the request or 
appeal; related internal memoranda; correspondence with other Federal 
agencies; request and appeal determinations; and related electronic 
tracking data. These records may contain personal information retrieved 
in response to a request, including a requester's and/or their 
representative's contact information, such as their names, telephone 
numbers, and email and mailing addresses; FOIA tracking numbers; unique 
case identifier or other identifier assigned to the request or appeal; 
and office contact information of Commission employees and contractors.

RECORD SOURCE CATEGORIES:
    Persons requesting information from the Commission or filing 
administrative appeals pursuant to the FOIA; agency employees assigned 
to handle processing the requests; agency records searched and 
identified as responsive in the process of responding to such requests; 
other agencies or entities that have referred to Commission requests 
concerning Commission records, or that have consulted with the 
Commission regarding handling of particular requests; and submitters or 
subjects of records or information that have provided assistance to the 
Commission in making access determinations.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b), the records or information contained therein may specifically 
be disclosed outside of the Commission as a routine use, as defined by 
5 U.S.C.552a(a)(7), pursuant to 5 U.S.C. 552a(b)(3) in the following 
circumstances:
    1. To appropriate agencies, entities, and persons when the 
Commission: (a) suspects or has confirmed that the security or 
confidentiality of information in the system of records has been 
compromised; (b) has determined that as a result of the suspected or 
confirmed compromise there is a risk of harm to economic or property 
interests, identity theft or fraud, or harm to the security or 
integrity of this system or other systems or programs (whether 
maintained by the Commission or another agency or entity) that rely 
upon the compromised information; and (c) has determined that 
disclosure made to such agencies, entities, and persons is reasonably 
necessary to assist in connection with the Commission's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm.
    2. To a federal, state, or local agency or entity for the purpose 
of: (a) consulting with that agency or entity to

[[Page 46114]]

enable the Commission to make a determination as to the propriety of 
access to information; (b) verifying the identity of an individual or 
the accuracy of information submitted by an individual who has 
requested access to information; or (c) processing payment of fees 
associated with FOIA request.
    3. To a federal agency or entity that furnished the record or 
information for the purpose of: (a) permitting that agency or entity to 
make a decision as to access to the record or information; or (b) 
providing guidance or advice regarding the handling of particular 
requests.
    4. To a Congressional office requesting the information on behalf 
of and at the request of the individual who is the subject of the 
record.
    5. To appropriate officials and employees of a federal agency or 
entity when the information is relevant to a decision concerning the 
hiring, appointment, or retention of an employee; the assignment, 
detail, or deployment of an employee; the issuance, renewal, 
suspension, or revocation of a security clearance; the execution of a 
security or suitability investigation; the letting of a contract; or 
the issuance of a license, permit, grant, or other benefit.
    6. To the DOJ in order to obtain advice on FOIA matters or 
regarding the agency's FOIA disclosure obligations.
    7. To any Congressional Committee, subcommittee or joint committee, 
to the extent of matter within its jurisdiction, the Government 
Accountability Office, or others charged with monitoring the work of 
the Commission or conducting records management inspections.
    8. To members of advisory committees that are created by the 
Commission or by Congress to render advice and recommendations to the 
Commission or to Congress, to be used solely in connection with their 
official designated functions.
    9. To the National Archives and Records Administration, Office of 
Government Information Services (OGIS), to the extent necessary to 
fulfill its responsibilities in 5 U.S.C. 552(h), to review 
administrative agency policies, procedures, and compliance with the 
FOIA, and to facilitate OGIS' offering of mediation services to resolve 
disputes between persons making FOIA requests and administrative 
agencies.
    10. To the National Archives and Records Administration for 
purposes of records management inspections conducted under the 
authority of 44 U.S.C. 2904 and 2906.
    11. To members of the public who visit FMSHRC's website and gain 
access to information pertaining to a case, including decisions and 
orders, in accordance with 5 U.S.C. 552(a)(2) and 29 CFR 2702.7(b), 
recordings of oral arguments, and notices of meetings in accordance 
with 5 U.S.C. 552b(e)(1), and published 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.
    12. To interns, consultants, experts, contractors, and others who 
have been engaged by the Commission to assist in the performance of a 
service related to this system of records and who need access to the 
records for the purpose of assisting the Commission in the efficient 
administration of its programs, including by performing clerical, 
stenographic, or data analysis functions, or by reproduction of records 
by electronic or other means. Recipients of these records shall be 
required to comply with the requirements of the Privacy Act of 1974, as 
amended, 5 U.S.C. 552a.
    13. 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 and the use of such records is compatible 
with the purpose for which the Commission collected the records.
    14. In connection with any pending or potential litigation 
challenging or seeking to enjoin actions by the Commission under the 
FOIA, as amended, 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.
    15. To respond to subpoenas, specifically approved by a court, in 
any pending or potential 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.
    16. 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.
    17. To a third party authorized, in writing, to receive such 
information by the individual who is the subject of the record.
    18. 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 electronic and/or paper 
format. Electronic records are stored in computerized databases on the 
Commission's server as well as in secured FedRAMP certified cloud 
environment. Paper records are stored in locked file rooms and/or file 
cabinets located in the Office of the General Counsel.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are indexed and retrieved by a unique tracking number 
assigned to the request or appeal. Records are also retrieved by the 
requester's or appellant's name, the date, and the subject of the 
request.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records in this system are retained and disposed in accordance with 
the General Records Schedules issued by the National Archives and 
Records Administration.

ADMINISTRATIVE, TECHNIICAL, AND PYHSICAL SAFEGUARDS:
    Records are safeguarded in a secured environment. The building 
where the records are stored has security cameras and security guard 
service. Access to the Commission's office in Washington, DC may be 
gained only by using an electronic key, which is provided only to 
Commission personnel. Paper records are kept in limited access areas 
during duty hours and in locked file cabinets and/or locked offices at 
all other times. Access is limited to those personnel whose official 
duties require access. Computerized records are safeguarded through use 
of information technology security controls, as dictated by the Federal 
Information Security Modernization Act (FISMA) and the National 
Institute of Standards and Technology (NIST), and access is limited to 
those personnel whose official duties require access. Contractors and 
other recipients providing services to the Commission shall be required 
to maintain the same or equivalent safeguards.

[[Page 46115]]

RECORD ACCESS PROCEDURES:
    Individuals seeking to determine whether this system of records 
contains information about themselves or seeking access to records 
about themselves in this system of records should address written 
inquiries to: Executive Director, 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 contesting the content of records about themselves 
contained in this system of records should address written inquiries 
to: Executive Director, 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 PROCEDURES:
    Individuals seeking notification of any records about themselves 
contained in this system of records should address written inquiries 
to: Executive Director, FMSHRC, 1331 Pennsylvania Avenue NW, Suite 
520N, Washington, DC 20004-1710. For an explanation on the specific 
procedures for sending a notification request, refer to FMSHRC's 
regulations contained in 29 CFR part 2705.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

Stacey George,
Chief FOIA Officer and Acting Senior Agency Official for Privacy, 
Federal Mine Safety and Health Review Commission.
[FR Doc. 2024-11623 Filed 5-24-24; 8:45 am]
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