[Federal Register Volume 61, Number 239 (Wednesday, December 11, 1996)]
[Rules and Regulations]
[Pages 65182-65183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31458]
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NATIONAL LABOR RELATIONS BOARD
29 CFR Part 102
Privacy Act of 1974; Implementation
AGENCY: National Labor Relations Board.
ACTION: Final rule exempting system of records from certain provisions
of the Privacy Act.
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SUMMARY: The National Labor Relations Board [``NLRB''] issues a final
rule exempting a new system of records entitled ``NLRB-20, Agency
Disciplinary Case Files (Nonemployees)'' from certain provisions of the
Privacy Act of 1974, 5 U.S.C. 552a.
EFFECTIVE DATE: January 10, 1997.
FOR FURTHER INFORMATION CONTACT: John J. Toner, Executive Secretary,
National Labor Relations Board, 1099 14th Street, NW., Room 11600,
Washington, DC 20570. Phone: (202) 273-1940.
SUPPLEMENTARY INFORMATION: On October 26, 1993, the Board published in
the Federal Register a notice of the establishment of a new system of
records pursuant to the Privacy Act of 1974, entitled ``NLRB-20, Agency
Disciplinary Case Files'' (58 FR 57633). The same day, the Board also
published in the Federal Register a proposed rule exempting the new
system of records from certain provisions of the Privacy Act (58 FR
57572). Both notices provided for a public comment period.
Thereafter, on March 28, 1996, the Board issued a notice amending
the system name to read ``NLRB-20, Agency Disciplniary Case Files
(Nonemployees),'' and amending four of the routine uses specified in
the original notice (61 FR 13884). In the absence of any comments, the
amendments to the system of records became final 30 days thereafter.
No comments were filed regarding the proposed rule exempting the
system of records from certain provisions of the Privacy Act.
Accordingly, the Board has decided to implement the proposed rule as a
final rule.
These rules relate to individuals rather than small business
entities, are concerned with the Agency's management of its Privacy Act
system of records, and will not have any economic impact. Accordingly,
pursuant to the Regulatory Flexibility Act, 5 U.S.C. 601-612, the NLRB
certifies that these rules will not have a significant economic impact
on a substantial number of small business entities. The NLRB further
finds that the rule does not qualify as a ``major rule'' under
Executive Order No. 12291 since it will not have an annual effect on
the economy of $100 million or more. Finally, the rule is not subject
[[Page 65183]]
to the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501, as it
does not contain any information-collection requirements within the
meaning of that Act.
List of Subjects in 29 CFR Part 102
Privacy, Reporting and recordkeeping requirements.
For the reasons stated above, 29 CFR part 102 is amended as
follows:
PART 102--[AMENDED]
Subpart K--Records and Information
1. The authority citation for part 102 continues to read as
follows:
Authority: Sec. 6, National Labor Relations Act, as amended (29
U.S.C. 151, 156). Section 102.117 also issued under section
552(a)(4)(A) of the Freedom of Information Act, as amended (5 U.S.C.
552(a)(4)(A)), and section 552a (j) and (k) of the Privacy Act (5
U.S.C. 552a (j) and (k)). Sections 102.143 through 102.155 also
issued under sec. 504(c)(1) of the Equal Access to Justice Act, as
amended (5 U.S.C. 504(c)(1)).
2. Section 102.117 is amended by adding paragraphs (p) and (q) as
follows:
Sec. 102.117 [Amended]
* * * * *
(p) Pursuant to 5 U.S.C. 552a(k)(2), the system of records
maintained by the NLRB containing Agency Disciplinary Case Files
(Nonemployees) shall be exempted from the provisions of 5 U.S.C. 552a
(c)(3), (d), (e)(1), (e)(4) (G), (H), and (I), and (f) insofar as the
system contains investigatory material compiled for law enforcement
purposes other than material within the scope of 5 U.S.C. 552a(j)(2).
(q) The Privacy Act exemption set forth in paragraph (p) of this
section is claimed on the ground that the requirements of subsections
(c)(3), (d), (e)(1), (e)(4) (G), (H), and (I), and (f) of the Privacy
Act, if applied to Agency Disciplinary Case Files, would seriously
impair the ability of the NLRB to conduct investigations of alleged or
suspected violations of the NLRB's misconduct rules, as set forth in
paragraphs (o) (1), (3), (4), (7), (8), and (11) of this section.
Dated, Washington, DC, December 5, 1996.
By direction of the Board.
John J. Toner,
Executive Secretary.
[FR Doc. 96-31458 Filed 12-10 -96; 8:45 am]
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