[Federal Register Volume 60, Number 220 (Wednesday, November 15, 1995)]
[Proposed Rules]
[Pages 57372-57373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28210]
=======================================================================
-----------------------------------------------------------------------
PENSION BENEFIT GUARANTY CORPORATION
29 CFR Part 2607
RIN 1212-63
Disclosure and Amendment of Records Under the Privacy Act
AGENCY: Pension Benefit Guaranty Corporation.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Pension Benefit Guaranty Corporation is proposing to amend
its regulations implementing the Privacy Act of 1974, as amended, to
describe more accurately the exemption applicable to certain records
maintained by the PBGC in view of changes to PBGC's Privacy Act systems
of records. The PBGC also is proposing an amendment to increase its
standard copying fee in view of increased costs.
DATES: Comments must be received on or before December 15, 1995.
ADDRESSES: Comments may be mailed to the Office of the General Counsel,
Pension Benefit Guaranty Corporation, 1200 K Street, NW., Washington,
DC 20005-4026, or hand-delivered to Suite 340 at the above address
between 9:00 a.m. and 5:00 p.m., Monday through Friday. Comments will
be available for inspection at the PBGC's Communications and Public
Affairs Department, Suite 240, at the above address between 9:00 a.m.
and 4:00 p.m., Monday through Friday.
FOR FURTHER INFORMATION CONTACT: D. Bruce Campbell, Attorney, Office of
the General Counsel, Pension Benefit Guaranty Corporation, 1200 K
Street, NW., Washington, DC 20005-4026, 202-326-4123 (202-326-4179 for
TTY and TDD). (These are not toll-free numbers.)
SUPPLEMENTARY INFORMATION: The PBGC's rules implementing the Privacy
Act of 1974, as amended (``Privacy Act'') (5 U.S.C. 552a) (1) establish
procedures whereby an individual can determine whether the PBGC
maintains any system of records that contains a record pertaining to
him or her, access that record, and seek to amend that record (29 CFR
Secs. 2607.3-2607.8), (2) establish fees for making copies of records
(29 CFR Sec. 2607.9), and (3) exempt a system of records from certain
Privacy Act provisions (29 CFR Sec. 2607.10).
The PBGC is proposing to amend Sec. 2607.9(a) by increasing, from
$0.10 to $0.15 per page, the fee it charges for record copies furnished
to individuals. The PBGC will maintain the current exception for record
copies of fewer than 10 pages by increasing from $1.00 to $1.50 the
threshold amount under which the agency does not assess a fee. The
proposed fee, which is the same as the PBGC's standard fee for copies
furnished under the Freedom of Information Act (see 29 CFR
2603.52(b)(2)), will reflect current costs more accurately. The current
fee was established in 1975.
The PBGC is dividing an existing Privacy Act system of records into
two systems of records, PBGC-5 (retitled Personnel Files--PBGC) and
PBGC-12 (Personnel Security Investigation Records--PBGC). (The PBGC's
notice of changes to its system of records, including proposed new and
revised routine uses of records, appears elsewhere in today's Federal
Register.) The PBGC proposes to amend Sec. 2607.10 to exempt PBGC-12
from certain provisions of the Privacy Act because the records to which
the exemption pertains will be maintained in PBGC-12 instead of PBGC-5.
E.O. 12866 and the Regulatory Flexibility Act
The PBGC has determined that this action is not a ``significant
regulatory action'' under the criteria set forth in Executive Order
12866.
Based on fees assessed in the past, the PBGC estimates that the
copying fee increase under the proposed rule will raise the total
amount of fees assessed annually by less than $1,000. In view of the
small increase in anticipated costs, the PBGC certifies that the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.), does not apply
because the proposed rule, if adopted, will not have a significant
economic impact on a substantial number of small entities.
List of Subjects in 29 CFR Part 2607
Privacy.
For the reasons set forth above, the PBGC is proposing to amend 29
CFR Part 2607 as follows:
PART 2607--DISCLOSURE AND AMENDMENT OF RECORDS UNDER THE PRIVACY
ACT
1. The authority citation for Part 2607 continues to read as
follows:
Authority: 5 U.S.C. 552a.
Sec. 2607.1 [Amended]
2. Paragraph (a) of Sec. 2607.1 is amended by removing ``which''
and adding, in its place, ``that'' and by adding ``or her'' after
``his'' in the first sentence.
Sec. 2607.2 [Amended]
3. In Sec. 2607.2, the definition of record is amended by adding
``or her'' after ``his'' both times it appears.
[[Page 57373]]
Secs. 2607.3-2607.9 [Amended]
4. Sections 2607.3(a) and (c), 2607.4(a) and (c), 2607.5(a),
2607.6(c), 2607.7(b) and (c), and 2607.8(b) and (c) and the
introductory text of Sec. 2607.9 are amended by adding ``or her'' after
``his'' and after ``him'' each time either ``his'' or ``him'' appears.
5. The second sentence of Sec. 2607.3(b), the second sentence of
Sec. 2607.4(b), and the third sentence of Sec. 2607.6(b) are amended by
removing ``he'' and adding, in its place, ``the disclosure officer''.
6. Paragraph (d) of Sec. 2607.4 is amended by adding ``or she''
after ``he''.
7. Paragraph (b) of Sec. 2607.5 is amended by removing ``his
choosing'' and adding, in its place, ``his or her choosing''; by
removing ``he shall'' and adding, in its place, ``the requestor
shall''; by removing ``he wishes'' and adding, in its place, ``he or
she wishes''; by removing ``accompany him'' and adding, in its place
``accompany him or her''; by removing ``his record'' and adding, in its
place, ``the record''; and by removing ``to him'' and adding, in its
place, ``to him or her''.
8. Paragraph (d) of Sec. 2607.8 is amended by removing ``If an
individual requests'' and adding, in its place, ``To request''; by
removing ``review, he'' and adding, in its place, ``review, an
individual''; and by removing ``Counsel and he'' and adding, in its
place, ``Counsel, who''.
9. Paragraph (a) of Sec. 2607.9 is amended by removing ``$0.10''
and adding, in its place, ``$0.15'' in the first sentence and by
removing ``$1.00'' and adding, in its place, ``$1.50'' in the second
sentence.
10. In Sec. 2607.10, the first paragraph is amended by adding
``Security Investigation'' after ``Personnel'' and by removing ``that
the identity of the source would be held in confidence'' both times it
appears and adding, in its place, ``of confidentiality''; and the
second paragraph is amended by removing ``for employment'' and adding,
in its place, ``and fitness for PBGC employment, access to information,
and security clearances'' and by adding ``the'' before ``PBGC''.
Issued in Washington, DC this 8th day of November, 1995.
Martin Slate,
Executive Director, Pension Benefit Guaranty Corporation.
[FR Doc. 95-28210 Filed 11-14-95; 8:45 am]
BILLING CODE 7708-01-P
