[Federal Register: September 8, 1999 (Volume 64, Number 173)] 

[Notices] 

[Page 48875-48878] 

From the Federal Register Online via GPO Access [wais.access.gpo.gov] 

[DOCID:fr08se99-99] 

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POSTAL RATE COMMISSION 

Privacy Act of 1974; System of Records 

AGENCY: Postal Rate Commission. 

ACTION: Notice of alterations to Privacy Act system of records. 

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SUMMARY: The Commission proposes to amend its system of records. 

 The proposed changes will update the system and ensure consistency 

with the Privacy Act of 1974, as amended. 

DATES: See SUPPLEMENTARY INFORMATION section. 

ADDRESSES: Send comments to the attention of Margaret P. Crenshaw, 

Secretary, Postal Rate Commission, 1333 H Street NW., Washington, DC 

20268-0001. 

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 

Postal Rate Commission, at 202-789-6820. 

SUPPLEMENTARY INFORMATION: The Postal Rate Commission gives notice, in 

accordance with the Privacy Act of 1974, 5 U.S.C. 552a(e)(4), of its 

systems of records and their routine uses, which have changed since the 

Commission's last publication of a notice. The Commission is also 

proposing revisions in its rules implementing the Privacy Act, 

contained in 39 CFR part 3003, to clarify their application and to 

shorten and simplify their language. These changes will also be 

published in the Federal Register. 

 PRC-1. To date, the Commission's sole system of records for Privacy 

Act purposes has been PRC-1, named Official Personnel Files. This 

system consists of information pertaining to Commission personnel 

generally. However, it does not explicitly include all related records 

maintained by the Commission, such as information regarding travel by 

Commission personnel on official business. In order to indicate clearly 

that all such information is included in the system, the Commission is 

replacing the previously-described PRC-1 with a more comprehensive 

system extending to all personnel, pay, leave and travel records. This 

new system, to be named Personnel, Pay, Leave, and Travel, will 

continue to be designated PRC-1. This system is described in the first 

section of Appendix A to Order No. 1256. 

 The Commission is also revising its statement of the routine uses 

of records contained in PRC-1. Two previously published routine uses 

are being abolished because they have not occurred in actual practice, 

and thus are apparently unnecessary. Other routine uses have been 
reworded, either to accommodate expansions in the use of records made 

by the Commission or the Postal Service, or to conform with language 

recommended by the Office of Management and Budget (OMB). The two preexisting routine uses that encompass litigation-related disclosures 

have been combined into a single category. 

 The system notice also contains new routine uses either required by 

law or which the Commission anticipates may be necessary in the 

performance of agency business. These include disclosure of information 

to the National Archives and Records Administration, to agency 

contractors, and to the OMB for potential private relief legislation. 

One of these new routine uses reflects the requirement that federal 

agencies report wage information quarterly to the Parent Locator 

Service, as prescribed by Pub. L. 104-193, the Personal Responsibility 

and Work Opportunity Reconciliation Act. 

 The system notice does not contain a routine use for any computer 

matching activities that might be performed on records contained in 

PRC-1, as the Commission has not performed such matching activities in 

the past, and does not intend to do so in the future. However, the 

Commission provides payroll records to the Postal Service for routine 

processing, and it is possible that the Postal Service might use 

information about Commission personnel in a computer matching activity. 

In order to fulfill its statutory obligations regarding potential 

matching activities, particularly under the Computer Matching and 

Privacy Protection Amendments of 1998 (Pub.L. 100-508), the Commission 

is transmitting a notice informing the Postal Service of its policy 

that use of employee records for computer matching may be conducted 

only with express Commission approval, and requesting the Postal 

Service to exclude Commission employees from any matching activities it 

otherwise conducts. 

 PRC-2. As noted above, the revised PRC-1 will incorporate all 

Commission records pertaining to its employees. Virtually all other 

information in the Commission's possession concerning individuals 

occurs in the pleadings and other filings submitted by participants in 

the Commission's postal rate, mail classification, and other official 

public proceedings. Note: The Commission maintains a short press list 

containing the names, affiliations, addresses, and telephone numbers of 

reporters in their professional capacity. In the Commission's view, 

this list does not qualify as a system of records for Privacy Act 

purposes. Various Commission offices also maintain correspondence files 

that may contain some information about individuals in 

[[Page 48876]] 

some instances. However, correspondence in these files is not routinely 

filed or retrieved by personal identifier, and consequently none of 

them constitutes a system of records in the Commission's view. In order 

to provide public notice of the existence of information about 

individuals in this principal substantive record-keeping system, the 

Commission proposes to establish another system of records, to be 

designated PRC-2. 

 As the notice (which also appears as Appendix A to Order No. 1256) 

states, this system contains names, addresses, and contact information 

for anyone who intervenes in a Commission proceeding, together with all 

filings, answers, exhibits and other submissions provided to the 

Commission. Because all these materials are public records under the 

terms of 39 CFR 3001.42(b), the system notice states under the 

``Routine Uses'' heading that all records in this system are public and 
will be disclosed to any person upon request. 

 Order 1256. The information contained in this notice was 

distributed to the Docket No. R97-1 service list as part of Order No. 

1256 (issued July 7, 1999). Paragraph No. 1 of Order No. 1256 invited 

interested persons to submit comments on the proposed revisions the 

system of records no later than August 23, 1999. Ordering paragraph No. 

2 directed the Secretary of the Commission to arrange for publication 

of a Notice and Order in the Federal Register in a manner consistent 

with applicable requirements. Given the delay in publication, persons 

who did not comment by the date set out in Order No. 1256, but who 

nevertheless wish to comment, should contact the Secretary at 202-789- 

6840 for further information. The Commission anticipates providing 

further information regarding an effective date in a subsequent notice. 

 Dated: September 1, 1999. 

Margaret P. Crenshaw, 

Secretary. 

PRC-1 

SYSTEM NAME: 

 Personnel, Pay, Leave, and Travel. 

SECURITY CLASSIFICATION: 

 None. 

SYSTEM LOCATION: 

 1333 H Street NW., Suite 300, Washington, DC 20268-0001. 

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: 

 Current and former employees. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

 This system contains records relating to personnel, pay, leave, and 

travel. This includes: Name; date of birth; social security number; 

home address; grade; salary; time and attendance; alternate work 

schedules; biographical information; leave accrual rate, usage, and 

balances; training; Civil Service Retirement and Federal Employees' 

Retirement System contributions; FICA withholdings; Federal, State, and 

local tax withholdings; Federal Employees' Group Life Insurance 

withholdings; Federal Employees' Health Benefits withholdings; 

charitable deductions; allotments to financial organizations; 

garnishment documents; savings bonds allotments; travel expenses; 

parking permits; carpools; building security records; employee locator; 

and information on the fare subsidy program. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

 39 U.S.C. 3603, 44 U.S.C. 3101, 5 U.S.C. ch. 57 (relating to 

travel, transportation, and subsistence), together with any amendments. 

PURPOSE(S): 

 These records are used to administer pay, leave, travel, parking, 

fare subsidies, and other administrative functions. 

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 

OF USERS AND THE PURPOSE OF SUCH USES: 

A. Disclosure to the U.S. Postal Service 
 The U.S. Postal Service handles payroll and other disbursements on 

behalf of the Postal Rate Commission. As a result, records related to 

payroll functions, travel, and other disbursements are disclosed as a 

routine use to the U.S. Postal Service. The records from the Commission 

are incorporated into Privacy Act systems of records maintained by the 

U.S. Postal Service and are routinely disclosed for purposes defined in 

those systems of records. The main systems of records at the U.S. 

Postal Service are Finance Records--Payroll System (USPS 050.020), and 

Finance Records--Employee Travel Records (USPS 050.010). 

B. Disclosure for Law Enforcement Purposes 

 Information may be disclosed to the appropriate Federal, State, 

local, or foreign agency responsible for investigating, prosecuting, 

enforcing, or implementing a statute, rule, regulation, or order, if 

the information indicates a violation or potential violation of civil 

or criminal law or regulation within the jurisdiction of the receiving 

entity. 

C. Disclosure Incident to Requesting Information 

 Information may be disclosed to any source from which additional 

information is requested (to the extent necessary to identify the 

individual, inform the source of the purpose(s) of the request, and to 

identify the type of information requested), when necessary to obtain 

information relevant to a decision concerning retention of an employee 

or other personnel action (other than hiring), retention of a security 

clearance, the letting of a contract, or the issuance or retention of a 

grant, or other benefit. 

D. Disclosure to Requesting Agency 

 Disclosure may be made to a Federal, State, local, foreign, or 

tribal or other public authority of the fact that this system of 

records contains information relevant to the retention of an employee, 

the retention of a security clearance, the letting of a contract, or 

the issuance or retention of a license, grant, or other benefit. The 

other authority may then make a request supported by the written 

consent of the individual for the record if it chooses. No disclosure 

will be made unless the information has been determined to be 

sufficiently reliable to support a referral to the authority or to 

another Federal agency for criminal, civil, administrative, personnel, 

or regulatory action. 

E. Disclosure to Office of Management and Budget 

 Information may be disclosed to the Office of Management and Budget 

at any stage in the legislative coordination and clearance process in 

connection with private relief legislation as set forth in OMB Circular 

No. A-19. 

F. Disclosure to Congressional Offices 

 Information may be disclosed to a congressional office from the 

record of an individual in response to an inquiry from the 

congressional office made at the request of the individual. 
G. Disclosure During Litigation 

 Information may be disclosed to the Department of Justice, or in a 

proceeding before a court, adjudicative body, or other administrative 

body before which the Postal Rate Commission is authorized to appear, 

when: 

 1. The Commission, or any component thereof; or 

 2. Any employee of the Commission in his or her official capacity; 

or 

[[Page 48877]] 

 3. Any employee of the Commission in his or her individual capacity 

where the Department of Justice or the Commission has agreed to 

represent the employee; or 

 4. The United States, when the Commission determines that 

litigation is likely to affect the Commission or any of its components 

is a party to litigation or has an interest in such litigation, and the 

use of such records by the Department of Justice or the Commission is 

deemed by the Commission to be relevant and necessary to the litigation 

provided, however, that in each case it has been determined that the 

disclosure is compatible with the purpose for which the records were 

collected. 

H. Disclosure to the National Archives 

 Information may be disclosed to the National Archives and Records 

Administration in records management inspections. 

I. Disclosure to Contractors, Grantees, and Others 

 Information may be disclosed to contractors, grantees, consultants, 

or volunteers performing or working on a contract, service, grant, 

cooperative agreement, job, or other activity for the Postal Rate 

Commission and who need the information in the performance of their 

duties or activities for the Commission. If appropriate, recipients 

will be required to comply with the requirements of the Privacy Act of 

1974 as provided in 5 U.S.C. 552a(m). 

J. Disclosures for Administrative Claims, Complaints and Appeals 

 Information from this system of records may be disclosed to an 

authorized appeal grievance examiner, formal complaints examiner, equal 

employment opportunity investigator, arbitrator or other person 

properly engaged in investigation or settlement of an administrative 

grievance, complaint, claim, or appeal filed by an employee, but only 

to the extent that the information is relevant and necessary to the 

proceeding. Agencies that may obtain information under this routine use 

include, but are not limited to, the Office of Personnel Management, 

Office of Special Counsel, Merit Systems Protection Board, Federal 

Labor Relations Authority, Equal Employment Opportunity Commission, and 

Office of Government Ethics. 

K. Disclosure to the Office of Personnel Management 

 Information from this system of records may be disclosed to the 
Office of Personnel Management pursuant to that agency's responsibility 

for evaluation and oversight of Federal personnel management. 

L. Disclosure in Connection with Litigation 

 Information from this system of records may be disclosed in 

connection with litigation or settlement discussions regarding claims 

by or against the Postal Rate Commission, including public filing with 

a court, to the extent that disclosure of the information is relevant 

and necessary to the litigation or discussions and except where court 

orders are otherwise required under section (b)(11) of the Privacy Act 

of 1974, 5 U.S.C. 552a(b)(11). 

M. Disclosure for Child Support Enforcement 

 The name, Social Security Number, home address, date of birth, date 

of hire, quarterly earnings, employer identifying information, and 

State of hire for each employee may be disclosed to the Office of Child 

Support Enforcement, Administration for Children and Families, 

Department of Health and Human Services for the purpose of locating 

individuals to establish paternity, establishing and modifying orders 

of child support, identifying sources of income, and for other child 

support enforcement actions as required by the Personal Responsibility 

and Work Opportunity Reconciliation Act (Welfare Reform Law, Pub. L. 

104-193). 

Disclosure to consumer reporting agencies: 

 Information from this system of records may be disclosed to a 

consumer reporting agency as provided in 31 U.S.C. 3711. 

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 

AND DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

 Records are stored in paper, in folders, in file cabinets, and on 

the Postal Rate Commission's computer network. 

RETRIEVABILITY: 

 Records may be retrieved by name, Social Security Number, or other 

identification number. 

SAFEGUARDS: 

 Records are maintained in locked file cabinets or combination safes 

and on computers and computer networks that use password protections 

and other system controls to prevent unauthorized access by Postal Rate 

Commission staff. Firewalls prevent access to internal Commission 

documents by outsiders. All records and computer facilities are 

maintained in Commission offices, and public access to Commission 

offices is controlled. 

RETENTION AND DISPOSAL: 

 Records are maintained for varying periods of time, in accordance 

with NARA General Records Schedules 2 (pay and leave) and 9 (travel). 

SYSTEM MANAGER(S) AND ADDRESS: 

 Chief Administrative Officer, Postal Rate Commission, 1333 H Street 

NW., Suite 300, Washington, DC 20268-0001. 
NOTIFICATION PROCEDURE: 

RECORD ACCESS PROCEDURES: 

 All requests should be directed to the System Manager. Requesters 

will be required to provide adequate identification, such as a driver's 

license, employee identification card, or other identifying document, 

and dates of employment. 

CONTESTING RECORD PROCEDURES: 

 All requests should be directed to the System Manager. Requesters 

will be required to provide adequate identification, such as a driver's 

license, employee identification card, or other identifying document, 

and dates of employment. 

RECORD SOURCE CATEGORIES: 

 Information in this system of records is obtained from: the subject 

of the record; employment applications, references, and other 

employment-related sources; the official personnel file from the Office 

of Personnel Management; and internal Postal Rate Commission documents, 

including time and attendance records, leave slips, travel requests, 

performance evaluations, training records, and similar internal 

documents. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

 None. 

PRC-2 

SYSTEM NAME: 

 Docket Room Records (PRC-2). 

SECURITY CLASSIFICATION: 

 None. 

SYSTEM LOCATION: 

 1333 H Street NW, Suite 300, Washington, DC 20268-0001. 

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: 

 Individuals who intervene in Postal Rate Commission proceedings and 

individuals whose name and other identifying information appears in 

records filed in connection with Postal Rate Commission proceedings. 

[[Page 48878]] 

CATEGORIES OF RECORDS IN THE SYSTEM: 

 This system contains names, addresses, and contact information for 

anyone who intervenes in a proceeding before the Postal Rate 

Commission; submissions, filings, answers, exhibits, and any other 

record provided to the Commission and made public under Commission rule 

3001.42(b). 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

 39 U.S.C. 3603. 

PURPOSE: 

 These records are used under the Postal Rate Commission's rules and 

procedures in Commission proceedings, decisions, opinions, and other 

activities authorized by law. 
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 

OF USERS AND THE PURPOSES OF SUCH USES: 

 All records in this system are public and will be disclosed to any 

person upon request. 

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 

AND DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

 Records are stored in paper, in folders, in file cabinets, and on 

the Postal Rate Commission's computer network. 

RETRIEVABILITY: 

 Records may be retrieved by name or docket number. 

SAFEGUARDS: 

 Records are maintained in the Postal Rate Commission's Docket Room, 

on computer networks, and on the Commission website. All records and 

computer facilities are maintained in Commission offices, and public 

access to Commission offices is controlled. 

RETENTION AND DISPOSAL: 

 Records are disposed of in accordance with approved record 

schedules. Most records pertaining to Commission decisions are retained 

permanently. 

SYSTEM MANAGER(S) AND ADDRESS: 

 Chief Administrative Officer, Postal Rate Commission, 1333 H Street 

NW., Suite 300, Washington, DC 20268-0001. 

NOTIFICATION PROCEDURE: 

RECORD ACCESS PROCEDURES: 

 All requests should be directed to the System Manager. Requesters 

will be required to provide adequate identification, such as a driver's 

license, employee identification card, or other identifying document, 

and dates of employment. 

CONTESTING RECORD PROCEDURE: 

 All requests should be directed to the System Manager. Requesters 

will be required to provide adequate identification, such as a driver's 

license, employee identification card, or other identifying document, 

and dates of employment. 

RECORD SOURCE CATEGORIES: 

 Information in this system of records is obtained from intervenors 

in Postal Rate Commission proceedings and from Commission staff. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

 None. 

[FR Doc. 99-23303 Filed 9-7-99; 8:45 am] 

BILLING CODE 7710-FW-P