[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Notices]
[Pages 76246-76249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24382]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
[DOI-2023-0016; S1D1S SS08011000 SX064A000 234S180110]
Privacy Act of 1974; System of Records
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Notice of a modified system of records.
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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as
amended, the Department of the Interior (DOI, Department) is issuing a
public notice of its intent to modify the Office of Surface Mining
Reclamation and Enforcement (OSMRE) Privacy Act system of records,
INTERIOR/OSM-12, Blaster Certification. The OSMRE is revising this
system of records notice (SORN) to update the bureau designation in the
system number to reflect the entirety of the bureau name, update all
sections of the notice, and provide general and administrative updates
to accurately reflect the modified system. This modified system will be
included in DOI's inventory of record systems.
DATES: This modified system will be effective upon publication. New or
modified routine uses will be effective December 6, 2023. Submit
comments on or before December 6, 2023.
ADDRESSES: You may submit comments, identified by docket number [DOI-
2023-0016], by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Email: [email protected]. Include docket number
[DOI-2023-0016] in the subject line of the message.
U.S. Mail or Hand-Delivery: Teri Barnett, Departmental
Privacy Officer, U.S. Department of the Interior, 1849 C Street NW,
Room 7112, Washington, DC 20240.
Instructions: All submissions received must include the agency name
and docket number [DOI-2023-0016]. All comments received will be posted
without change to https://www.regulations.gov, including any personal
information provided.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Patrick Dege, Associate Privacy
Officer, Information Resource Office, Office of Surface Mining
Reclamation and Enforcement, 1849 C Street NW, Mail Stop 1200 West
Corridor, Washington, DC 20240, [email protected] or (202) 208-
3549.
SUPPLEMENTARY INFORMATION:
I. Background
The OSMRE maintains the INTERIOR/OSM-12, Blaster Certification,
system of records to manage the certifications of blasters in Federal
Program States and on Indian Lands in compliance with the provisions of
the Surface Mining Control and Reclamation Act of 1977. The OSMRE
Blaster Certification system of records serves as a tool for OSMRE to
grant blaster applicants' certificates for issuance, renewal,
reissuance and reciprocity status, administration, and notification
procedures, as well as to provide an adequate record-keeping system for
compliance with a Federal program and enable OSMRE as the regulatory
authority to effectively monitor its program requirements.
OSMRE is publishing this revised notice to update the bureau
designation in the SORN number from ``OSM-12'' to ``OSMRE-12'' in order
to reflect the bureau's full title of Office of Surface Mining
Reclamation and Enforcement; update the system location and system
manager and address; update legal authorities; propose new and modified
routine uses; update the categories of records to provide additional
information on the types of data maintained in the records; update the
records retention schedule; update the sections for record access,
notification, and contesting record procedures to clarify how
individuals may submit Privacy Act requests; and provide general and
administrative updates to
[[Page 76247]]
remaining sections to accurately reflect the management and scope of
the system in accordance with the Office of Management and Budget (OMB)
Circular A-108, Federal Agency Responsibilities for Review, Reporting,
and Publication under the Privacy Act.
OSMRE is updating its routine uses from a numerical to alphabetical
listing and is proposing to modify existing routine uses to provide
clarity and transparency and reflect updates consistent with standard
Departmental routine uses. Routine uses A, B, D, J, and O have been
modified to provide additional clarification regarding external
organizations and circumstances where disclosures are proper and
necessary to facilitate the management of blaster certifications.
Routine use A was modified to further clarify disclosures to the
Department of Justice or other Federal agencies, when necessary, in
relation to litigation or judicial proceedings. Routine use B was
modified to clarify disclosures to a congressional office responding to
or resolving an individual's request made to that office. Routine use D
was modified to clarify the sharing of information with appropriate
Federal, State, local, foreign agencies, or other public authority
agencies responsible for investigating or prosecuting violations of, or
for enforcing, or implementing, a statute, rule, regulation, order, or
license. Modified routine use J would allow the Department to share
information with appropriate Federal agencies or entities when
reasonably necessary to respond to a breach of personally identifiable
information and to prevent, minimize, or remedy the risk of harm to
individuals or the Federal Government resulting from a breach in
accordance with OMB Memorandum M-17-12, Preparing for and Responding to
a Breach of Personally Identifiable Information. Routine use O was
modified to include Federal and Tribal officials who may have
responsibility for obtaining information relevant to a Federal blaster.
OSMRE is proposing new routine uses to facilitate the sharing of
information with agencies and organizations to ensure the efficient and
effective management of the Blaster Certification system of records or
to carry out a Departmental or other Federal Government statutory
responsibility. Proposed routine use C would facilitate the sharing of
information with the Executive Office of the President to respond to an
inquiry by the individual to whom that record pertains or a third party
on the individual's behalf. Proposed routine use E facilitates sharing
of information with an official of another Federal agency to assist in
reconciling or reconstructing data files or to enable that agency to
respond to an inquiry by the individual to whom the information
pertains. Proposed routine use F would allow OSMRE to share information
with agencies when relevant for hiring and retention or issuance of a
security clearance, license, contract, grant, or benefit. Proposed
routine use G would allow OSMRE to share information with the National
Archives and Records Administration (NARA) to conduct records
management inspections. Proposed routine use H would allow OSMRE to
share information with external entities, such as State, Tribal,
territorial, and local governments, and Tribal organizations, in
response to court orders and/or for discovery purposes related to
litigation. Proposed routine use I allows OSMRE to share information
with organizations that perform services on the Department's behalf to
carry out the purposes of the Blaster Certification system of records.
Proposed routine use L would allow OSMRE to share information with the
OMB during the coordination and clearance process in connection with
legislative affairs. Proposed routine use M would allow OSMRE to share
information with the Department of the Treasury to recover debts owed
to the United States. Proposed routine use N would allow OSMRE to share
information with the news media and the public if there is a legitimate
public interest in the disclosure of the information.
II. Privacy Act
The Privacy Act of 1974, as amended, embodies fair information
practice principles in a statutory framework governing the means by
which Federal agencies collect, maintain, use, and disseminate
individuals' records. The Privacy Act applies to records about
individuals that are maintained in a ``system of records.'' A ``system
of records'' is a group of any records under the control of an agency
from which information is retrieved by the name of an individual or by
some identifying number, symbol, or other identifying particular
assigned to the individual. The Privacy Act defines an individual as a
United States citizen or lawful permanent resident. Individuals may
request access to their own records that are maintained in a system of
records in the possession or under the control of the Department by
complying with Departmental Privacy Act regulations at 43 CFR part 2,
subpart K, and following the procedures outlined in the Records Access,
Contesting Record, and Notification Procedures sections of this notice.
The Privacy Act requires each agency to publish in the Federal
Register a description denoting the existence and character of each
system of records that the agency maintains, and the routine uses of
each system. The INTERIOR/OSMRE-12, Blaster Certification, system of
records notice is published in its entirety below. In accordance with 5
U.S.C. 552a(r), the Department has provided a report of this system of
records to the Office of Management and Budget and to Congress.
III. Public Participation
You should be aware that your entire comment, including any
personally identifiable information, such as your address, phone
number, email address, or any other personal information, may be made
publicly available at any time. While you may request that your
personally identifiable information be withheld from public review, we
cannot guarantee that it will be able to do so.
SYSTEM NAME AND NUMBER:
INTERIOR/OSMRE-12, Blaster Certification.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Office of Surface Mining Reclamation and Enforcement, U.S.
Department of the Interior, Three Parkway Center, Pittsburgh, PA 15220.
Records are also located at OSMRE offices in Alton, Illinois; Lakewood,
Colorado; Knoxville, Tennessee; Tulsa, Oklahoma; and Casper, Wyoming.
To obtain specific addresses for the offices listed, contact the System
Manager at the address given below.
SYSTEM MANAGER(S):
OSMRE Blaster Certification Coordinator, Office of Surface Mining
Reclamation and Enforcement, U.S. Department of the Interior, Three
Parkway Center, Pittsburgh, PA 15220.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Surface Mining Control and Reclamation Act of 1977 (SMCRA), 30
U.S.C. 1201-1328; Safe Explosives Act, Title XI, Subtitle C of the
Homeland Security Act of 2002, Public Law 107-296; 18 U.S.C. 842-843;
30 CFR Chapter VII, Subchapter E--Indian Lands Program, Section 750.19;
30 CFR Chapter VII, Subchapter G--Surface Coal Mining and Reclamation
Operations Permits and Coal Exploration Systems Under Regulatory
Programs; 30 CFR Chapter VII, Subchapter K--Permanent Program
[[Page 76248]]
Performance Standards, Sections, 816.61 and 817.61; 30 CFR Chapter VII,
Subchapter M--Training, Examination, and Certification of Blasters; 30
CFR Chapter VII, Subchapter T--Programs for the Conduct of Surface
Mining Operations Within Each State, Part 900, Part 910, Part 912, Part
921, Part 922, Part 933, Part 937, Part 939, Part 941, Part 942, Part
947, Part 955; and Executive Order 9397, Numbering System for Federal
Accounts Relating to Individual Persons, as amended by Executive Order
13478.
PURPOSE(S) OF THE SYSTEM:
The primary purpose of the system is to enable OSMRE to effectively
issue blaster certificates and manage blaster certifications issued to
individuals (blasters) to conduct blasting operations in any Federal
Program State or on Indian Lands under Federal jurisdiction while
meeting the regulatory performance standards of SMCRA.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individual members of the public who apply to OSMRE for
certification as blasters in Federal Program States and on Indian
Lands.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records in the system include Applications for OSMRE Blaster
Certificates (OSMRE-74 form), application status updates, including
issuance, renewal, reissuance, replacement, or reciprocity, records of
denials, revocation or suspension, and reports on the status of blaster
certifications as follows:
(1) Application information submitted by candidates containing the
following: name, Social Security number (voluntary), address, phone
number, birthdate, email address and other contact information, gender,
height and weight, hair and eye color, employment history, blasting
experience, education, blaster training, examination dates, blaster
certification history, and personal affirmation of application
information;
(2) Summary reports of Federal blaster certificates alphabetically,
numerically, by status or certificate type;
(3) Certification Status reports that contain listings of active,
expired, revoked, or suspended certificates along with the performance
history of each blaster; and
(4) Records of approval as an ``Employee Possessor'' or
``Responsible Party'' issued by the Department of Justice, Bureau of
Alcohol, Tobacco, Firearms and Explosives. Approval letters are
provided by the applicant and must be renewed triennially.
RECORD SOURCE CATEGORIES:
Records in the system are obtained from applicants for
certification as blasters in Federal Program States and on Indian
Lands. Information related to verification of applications is obtained
from Federal agencies, States, Tribes, mining companies, and law
enforcement organizations.
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) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DOI as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice (DOJ), including Offices of the
U.S. Attorneys, or other Federal agency conducting litigation or in
proceedings before any court, adjudicative, or administrative body,
when it is relevant or necessary to the litigation and one of the
following is a party to the litigation or has an interest in such
litigation:
(1) DOI or any component of DOI;
(2) Any other Federal agency appearing before the Office of
Hearings and Appeals;
(3) Any DOI employee or former employee acting in his or her
official capacity;
(4) Any DOI employee or former employee acting in his or her
individual capacity when DOI or DOJ has agreed to represent that
employee or pay for private representation of the employee; or
(5) The United States Government or any agency thereof, when DOJ
determines that DOI is likely to be affected by the proceeding.
B. To a congressional office when requesting information on behalf
of, and at the request of, the individual who is the subject of the
record.
C. To the Executive Office of the President in response to an
inquiry from that office made at the request of the subject of a record
or a third party on that person's behalf, or for a purpose compatible
with the reason for which the records are collected or maintained.
D. To any criminal, civil, or regulatory law enforcement authority
(whether Federal, State, territorial, local, Tribal, or foreign) when a
record, either alone or in conjunction with other information,
indicates a violation or potential violation of law--criminal, civil,
or regulatory in nature, and the disclosure is compatible with the
purpose for which the records were compiled.
E. To an official of another Federal agency to provide information
needed in the performance of official duties related to reconciling or
reconstructing data files or to enable that agency to respond to an
inquiry by the individual to whom the record pertains.
F. To Federal, State, territorial, local, Tribal, or foreign
agencies that have requested information relevant or necessary to the
hiring, firing or retention of an employee or contractor, or the
issuance of a security clearance, license, contract, grant or other
benefit, when the disclosure is compatible with the purpose for which
the records were compiled.
G. To representatives of the National Archives and Records
Administration (NARA) to conduct records management inspections under
the authority of 44 U.S.C. 2904 and 2906.
H. To State, territorial, and local governments and Tribal
organizations to provide information needed in response to court order
and/or discovery purposes related to litigation, when the disclosure is
compatible with the purpose for which the records were compiled.
I. To an expert, consultant, grantee, shared service provider, or
contractor (including employees of the contractor) of DOI that performs
services requiring access to these records on DOI's behalf to carry out
the purposes of the system.
J. To appropriate agencies, entities, and persons when:
(1) DOI suspects or has confirmed that there has been a breach of
the system of records;
(2) DOI has determined that, as a result of the suspected or
confirmed breach, there is a risk of harm to individuals, DOI
(including its information systems, programs, and operations), the
Federal Government, or national security; and
(3) the disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DOI's efforts to
respond to the suspected or confirmed breach or to prevent, minimize,
or remedy such harm.
K. To another Federal agency or Federal entity, when DOI determines
that information from this system of records is reasonably necessary to
assist the recipient agency or entity in:
(1) responding to a suspected or confirmed breach; or
(2) preventing, minimizing, or remedying the risk of harm to
individuals, the recipient agency or entity (including its information
systems, programs, and operations), the Federal Government, or national
[[Page 76249]]
security, resulting from a suspected or confirmed breach.
L. To the Office of Management and Budget (OMB) during the
coordination and clearance process in connection with legislative
affairs as mandated by OMB Circular A-19.
M. To the Department of the Treasury to recover debts owed to the
United States.
N. To the news media and the public, with the approval of the
Public Affairs Officer in consultation with counsel and the Senior
Agency Official for Privacy, where there exists a legitimate public
interest in the disclosure of the information, except to the extent it
is determined that release of the specific information in the context
of a particular case would constitute an unwarranted invasion of
personal privacy.
O. To Federal, State, Tribal, or mining company officials to verify
whether an individual is a certified blaster under the OSMRE Blaster
Certification Program.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Blaster certification applications (OSMRE-74 forms), related
records and information are maintained in hard copy format such as file
folders, and in digital format on servers, computers, electronic
databases, and other appropriate electronic storage media.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by OSMRE Blaster Certificate number and last
name filed alphabetically by applicant or candidate.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records in this system are maintained and disposed of in accordance
with OSMRE Records Schedule N1-471-89-1, Item 201-13--Blaster
Certification Files. The disposition for these records is temporary and
the records are cut-off upon expiration of certification. Records are
destroyed two years after cut-off.
Approved destruction methods for temporary records that have met
their retention period include shredding or pulping of paper records
and erasing or degaussing electronic records in accordance with
Departmental policy and NARA guidelines.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
The records contained in this system are safeguarded in accordance
with 43 CFR 2.226 and other applicable security and privacy rules and
policies. Records are accessible only by authorized OSMRE employees.
During normal hours of operation, paper records are maintained in
locked file cabinets under the control of authorized personnel.
Computer servers on which electronic records are stored are in secured
Department-controlled facilities with physical, technical, and
administrative levels of security to prevent unauthorized access to the
Department's network and information assets. Access granted to
authorized personnel is based on muti-factor authentication and each
person granted access to the system must be individually authorized to
use the system. A Privacy Act Warning Notice appears on computer
monitor screens when records containing information on individuals are
first displayed. Data exchanged between the servers and the system is
encrypted. Backup tapes are encrypted and stored in a locked and
controlled room in a secure, off-site location. A Privacy Impact
Assessment was conducted to ensure that Privacy Act requirements are
met and appropriate privacy controls were implemented to safeguard the
personally identifiable information contained in the system.
RECORD ACCESS PROCEDURES:
An individual requesting access to their records should send a
signed, written inquiry to the applicable System Manager identified
above. DOI forms and instructions for submitting a Privacy Act request
may be obtained from the DOI Privacy Act Requests website at https://www.doi.gov/privacy/privacy-act-requests. The request must include a
general description of the records sought and the requester's full
name, current address, and sufficient identifying information such as
date of birth or other information required for verification of the
requester's identity. The request must be signed and dated and be
either notarized or submitted under penalty of perjury in accordance
with 28 U.S.C. 1746. Requests submitted by mail must be clearly marked
``PRIVACY ACT REQUEST FOR ACCESS'' on both the envelope and letter. A
request for access must meet the requirements of 43 CFR 2.238.
CONTESTING RECORD PROCEDURES:
An individual requesting amendment of their records should send a
written request to the applicable System Manager as identified above.
DOI instructions for submitting a request for amendment of records are
available on the DOI Privacy Act Requests website at https://www.doi.gov/privacy/privacy-act-requests. The request must clearly
identify the records for which amendment is being sought, the reasons
for requesting the amendment, and the proposed amendment to the record.
The request must include the requester's full name, current address,
and sufficient identifying information such as date of birth or other
information required for verification of the requester's identity. The
request must be signed and dated and be either notarized or submitted
under penalty of perjury in accordance with 28 U.S.C. 1746. Requests
submitted by mail must be clearly marked ``PRIVACY ACT REQUEST FOR
AMENDMENT'' on both the envelope and letter. A request for amendment
must meet the requirements of 43 CFR 2.246.
NOTIFICATION PROCEDURES:
An individual requesting notification of the existence of records
about them should send a written inquiry to the applicable System
Manager as identified above. DOI instructions for submitting a request
for notification are available on the DOI Privacy Act Requests website
at https://www.doi.gov/privacy/privacy-act-requests. The request must
include a general description of the records and the requester's full
name, current address, and sufficient identifying information such as
date of birth or other information required for verification of the
requester's identity. The request must be signed and dated and be
either notarized or submitted under penalty of perjury in accordance
with 28 U.S.C. 1746. Requests submitted by mail must be clearly marked
``PRIVACY ACT INQUIRY'' on both the envelope and letter. A request for
notification must meet the requirements of 43 CFR 2.235.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
64 FR 17413 (April 9, 1999); modification published at 73 FR 45244
(August 4, 2008) and 86 FR 50156 (September 7, 2021).
Teri Barnett,
Departmental Privacy Officer, Department of the Interior.
[FR Doc. 2023-24382 Filed 11-3-23; 8:45 am]
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