[Federal Register Volume 89, Number 103 (Tuesday, May 28, 2024)]
[Notices]
[Pages 46115-46117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11625]


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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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SUMMARY: In accordance with the Privacy Act of 1974, the Federal Mine 
Safety and Health Review Commission (FMSHRC) is creating a new notice 
of Privacy Act system of records FMSHRC-07. 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-07'' in the subject line of the message.
     Mail: Privacy Act Coordinator, 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-07.''

FOR FURTHER INFORMATION CONTACT: Stacey George, Acting Senior Agency 
Official for Privacy, via telephone at (202) 434-9939 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 issuing a notice of a new system of records, 
Privacy Act Requests and Administrative Appeals Records FMSHRC-07, 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-07, provided below in its entirety, is as 
follows.

SYSTEM NAME AND NUMBER:
    Privacy Act Requests and Administrative Appeals Records, FMSHRC-07.

SECURITY CLASSIFICATION:
    Unclassified.

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

SYSTEM MANAGER(S):
    Senior Agency Official for Privacy, Federal Mine Safety and Health 
Review Commission, 1331 Pennsylvania Avenue NW, Suite 520N, Washington, 
DC 20004-1710. [email protected], (202) 434-9944.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    30 U.S.C. 823, 44 U.S.C. 3101 et seq.; 5 U.S.C. 552a et seq.; 29 
CFR part 2705.

PURPOSE(S) OF THE SYSTEM:
    The information in this system is being collected to enable FMSHRC 
to carry out its responsibilities under the Privacy Act. These 
responsibilities include enabling FMSHRC staff to receive, track, 
process, and respond to Privacy Act requests and appeals; to assist in 
and support litigation that may arise from a Privacy Act access 
request, amendment request, or administrative appeal; and to carry out 
other responsibilities under the Privacy Act and other applicable 
federal laws.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The system covers individuals and/or their representatives who 
request information from FMSHRC or request amendment or correction of 
information contained about the subject of the record pursuant to the 
Privacy Act of 1974, 5 U.S.C. 552a; 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 
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 Privacy Act 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; requests for amendment of 
records under the Privacy Act; 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; Privacy Act case or 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 FMSHRC or filing administrative 
appeals pursuant to the Privacy Act; agency employees assigned to 
handle processing the requests and appeals; agency records searched and 
identified as responsive in the process of responding to such requests; 
other agencies or entities that have referred to FMSHRC requests 
concerning FMSHRC records, or that have consulted with the Commission 
regarding handling of

[[Page 46116]]

particular requests; and submitters or subjects of records or 
information that have provided assistance to the Commission in making 
access or amendment determinations.

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 federal, state, or local agency or entity for the purpose 
of: (a) consulting with that agency or entity to enable the Commission 
to make a determination as to the propriety of access to or correction 
of information; (b) verifying the identity of an individual or the 
accuracy of information submitted by an individual who has requested 
access to or amendment of information; or (c) processing payment of 
fees associated with Privacy Act requests.
    2. 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 or correction of the record or 
information; or (b) providing guidance or advice regarding the handling 
of particular requests.
    3. To a third party authorized, in writing, to receive such 
information by the individual who is the subject of the record in order 
to obtain assistance for the Commission in making a determination as to 
access or amendment.
    4. To the public pursuant to the provisions of the Freedom of 
Information Act (FOIA), 5 U.S.C. 552, and 29 CFR part 2702, unless it 
is determined that release of the information in the context of a 
particular case would constitute an unwarranted invasion of personal 
privacy.
    5. To a Member of Congress or staff on behalf of and at the request 
of the individual who is the subject of the record.
    6. 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.
    7. To the Office of Management and Budget or the Office of 
Information and Regulatory Affairs for the purpose of obtaining its 
advice on Privacy Act matters.
    8. 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.
    9. To contractors, experts, consultants, the agents thereof, and 
others performing or working on a contract, service, cooperative 
agreement, or other assignment for FMSHRC, 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 of disclosure as are 
applicable to FMSHRC officers and employees.
    10. 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.
    11. To the Department of Justice, FMSHRC's outside counsel, other 
federal agencies conducting litigation, or in proceedings before any 
court, adjudicative or administrative body, 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.
    12. 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.
    13. To respond to subpoenas, specifically approved by a court, in 
any litigation or other proceeding, and FMSHRC 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 FMSHRC 
collected the records.
    14. 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 redress for 
an individual in connection with the operations of a FMSHRC program; 
(b) for the purpose of verifying the identity of an individual seeking 
redress in connection with the operations of a FMSHRC program; or (c) 
for the information submitted by an individual who has requested such 
redress on behalf of another individual.
    15. 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.
    16.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.
    17.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.
    18.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.

[[Page 46117]]

    19.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 servers as well as in secured FedRAMP-certified cloud 
environments. 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 
requestor's or appellant's name, date, and the subject of the request.

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

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL 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.

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 PROCEDURE:
    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 CLAIMED FOR THE SYSTEM:
    None.

HISTORY:
    None.

    Dated: April 5, 2024.
Stacey George,
Chief FOIA Officer and Acting Senior Agency Official for Privacy, 
Federal Mine Safety and Health Review Commission.
[FR Doc. 2024-11625 Filed 5-24-24; 8:45 am]
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