[Federal Register Volume 66, Number 63 (Monday, April 2, 2001)]
[Proposed Rules]
[Pages 17518-17519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8056]
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PENSION BENEFIT GUARANTY CORPORATION
29 CFR Part 4902
Disclosure and Amendment of Records Pertaining to Individuals
Under the Privacy Act
AGENCY: Pension Benefit Guaranty Corporation.
ACTION: Proposed rule.
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SUMMARY: The Pension Benefit Guaranty Corporation is proposing to amend
its regulations implementing the Privacy Act of 1974, as amended, to
exempt certain records that will be maintained in a system of records
entitled ``PBGC-12, Personnel Security Investigation Records--PBGC,''
from the access, contest, and certain other provisions of the Privacy
Act. The amendment would protect the identity of a source who furnishes
information in confidence to the PBGC for a background investigation on
an individual who works, or who is being considered for work, for the
PBGC as a contractor or as an employee of a contractor.
DATES: Comments must be received by May 2, 2001.
ADDRESSES: Comments may be mailed to the Office of the General Counsel,
Suite 340, Pension Benefit Guaranty Corporation, 1200 K Street, NW.,
Washington, DC 20005-4026, or delivered to that address between 9 a.m.
and 4 p.m. on business days. Comments also may be sent by Internet e-
mail to [email protected]. Comments will be available for public
inspection at the PBGC's Communications and Public Affairs Department,
Suite 240 at the same address, between 9 a.m. and 4 p.m. on business
days.
FOR FURTHER INFORMATION CONTACT: D. Bruce Campbell, Attorney, Office of
the General Counsel, Suite 340, Pension Benefit Guaranty Corporation,
1200 K Street, NW., Washington, DC 20005-4026; 202-326-4020 (extension
3672). (For TTY/TDD users, call the federal relay service toll-free at
1-800-877-8339 and ask to be connected to 202-326-4020 (extension
3672).)
SUPPLEMENTARY INFORMATION: The PBGC conducts background investigations
and reinvestigations to establish that applicants for employment and
employees are reliable, trustworthy, of good conduct and character, and
loyal to the United States. The PBGC maintains records about these
investigations in a system of records subject to the Privacy Act of
1974, as amended (5 U.S.C. 552a) (``Privacy Act''), entitled ``PBGC-12,
Personnel Security Investigation Records--PBGC''. The PBGC's
regulations implementing the Privacy Act exempt under 5 U.S.C.
552a(k)(5) certain records maintained in PBGC-12 from the access,
contest, and certain other provisions of the Privacy Act (29 CFR
4902.9).
The PBGC is expanding its use of background investigations and
reinvestigations to cover individuals who work, or who are being
considered for work, for the PBGC as contractors or as employees of
contractors. To reflect the change, the PBGC is proposing to alter
PBGC-12 by revising it to include records pertaining to individuals who
work, or who are being considered for work, for the PBGC as contractors
or as employees of contractors. (The PBGC's notice of an altered system
of records appears elsewhere in today's Federal Register.) The PBGC is
proposing to amend Sec. 4902.9 to exempt certain records pertaining to
individuals who work, or who are being considered for work, for the
PBGC as contractors or as
[[Page 17519]]
employees of contractors from the access, contest, and certain other
provisions of the Privacy Act. The amendment would protect the identity
of a source who furnishes information to PBGC in confidence for a
background investigation of such an individual.
Compliance With Rulemaking Guidelines
The PBGC has determined that this action is not a ``significant
regulatory action'' under the criteria set forth in Executive Order
12866.
The PBGC certifies under section 605(b) of the Regulatory
Flexibility Act that the proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The rule would only affect the maintenance and disclosure of
information about individuals by the PBGC under the Privacy Act and
therefore would ordinarily be expected to have no economic impact on
entities of any size. Accordingly, sections 603 and 604 of the
Regulatory Flexibility Act do not apply.
List of Subjects in 29 CFR Part 4902
Privacy.
For the reasons set forth above, the PBGC is proposing to amend 29
CFR Part 4902 as follows:
PART 4902--DISCLOSURE AND AMENDMENT OF RECORDS PERTAINING TO
INDIVIDUALS UNDER THE PRIVACY ACT
1. The authority citation for Part 4902 continues to read as
follows:
Authority: 5 U.S.C. 552a.
Sec. 4902.9 [Amended]
2. Paragraph (b) of Sec. 4902.9 is amended by removing the words
``for PBGC employment,'' and adding in their place the words ``for PBGC
employment or for work for the PBGC as a contractor or as an employee
of a contractor,''.
Issued in Washington, DC, this 28th day of March, 2001.
John Seal,
Acting Executive Director, Pension Benefit Guaranty Corporation.
[FR Doc. 01-8056 Filed 3-30-01; 8:45 am]
BILLING CODE 7708-01-U