This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

70374 

Vol. 88, No. 195 

Wednesday, October 11, 2023 

FEDERAL LABOR RELATIONS 

AUTHORITY 

5 CFR Part 2412 

Privacy 

AGENCY: Federal Labor Relations 

Authority. 

ACTION: Proposed rule. 

SUMMARY: This rulemaking proposes 

revisions to the regulations that the 

Federal Labor Relations Authority 

(FLRA) follows in processing records 

under the Privacy Act. The FLRA is 

revising these regulations to update 

procedures for requesting information 

from the FLRA and procedures that the 

FLRA follows in responding to requests 

from the public, in order to reflect 

changes in the law and the FLRA’s 

organization since the regulations were 

last updated. 

DATES: Written comments must be 

received on or before November 13, 

2023. 

ADDRESSES: You may send comments, 

which must include the caption 

‘‘Privacy Act Regulations,’’ by one of the 

following methods: 

Email: SolMail@flra.gov. Include 

‘‘Privacy Act Regulations’’ in the subject 

line of the message. 

Mail: Thomas Tso, Senior Agency 

Official for Privacy, Federal Labor 

Relations Authority, 1400 K Street NW, 

Washington, DC 20424–0001. 

Instructions: Do not mail written 

comments if they have been submitted 

via email. Interested persons who mail 

written comments must submit an 

original and 4 copies of each written 

comment, with any enclosures, on 81⁄2

x 11 inch paper. Do not deliver 

comments by hand. 

FOR FURTHER INFORMATION CONTACT: If 

you have any questions, please contact 

Thomas Tso, Solicitor, Senior Agency 

Official for Privacy, at (771) 444–5779. 

SUPPLEMENTARY INFORMATION: The 

proposed revisions to the FLRA’s 

Privacy Act (5 U.S.C. 552a) regulations 

update these regulations to account for 

issues that have arisen since the 

regulations were last updated. For 

example, these changes are proposed to 

reflect modifications that clarify the 

FLRA’s obligations under the Act and 

align with the authority vested in the 

FLRA’s Office of the Solicitor to process 

Privacy Act requests. Modifications 

include the addition of language to 

reflect the amendment of the Privacy 

Act by the Debt Collection Act of 1982 

(which stated the circumstances under 

which Federal agencies could disclose 

individual records to consumer 

reporting agencies). By consolidating 

responsibility with the Solicitor, the 

designated Senior Agency Official for 

Privacy, the proposed regulations 

ensure compliance with the Senior 

Agency Official for Privacy’s oversight 

requirements in OMB M–16–24, ‘‘Role 

and Designation of Senior Agency 

Officials for Privacy’’ in accordance 

with E.O. 13719, Establishment of the 

Federal Privacy Council.’’ [81 FR 7685, 

February 12, 2016]. The proposed 

regulations also ensure the 

independence of the FLRA’s Office of 

the Inspector General (OIG or IG) by 

assigning all responsibilities to the IG 

for deciding Privacy Act requests for 

records held by the IG. In addition to 

some minor non-substantive changes to 

correct typographical errors, small 

stylistic adjustments for clarification, 

and streamlined language of some 

procedural provisions, the FLRA is 

proposing the following changes: 

• Section 2412.1 is revised to clarify 

that these regulations are coordinated 

with regulations under the Freedom of 

Information Act (FOIA) and these 

regulations do not concern personnel 

records of FLRA employees. 

• Section 2412.2 is revised to add 

definitions for four terms used in the 

regulations: request for access, request 

for amendment or correction, request for 

an accounting, and requester. 

• Section 2412.4 is revised to 

streamline the procedure for existenceof-records requests by directing all 

requests to the FLRA’s Solicitor, or the 

IG, as appropriate, and to include 

procedures for verifying identity and 

filing an existence-of-records request as 

a parent or guardian of an individual. 

• Section 2412.5 is revised to 

streamline the procedure for individual 

access requests by directing all requests 

to the FLRA’s Solicitor, or the IG, as 

appropriate, and to include procedures 

for verifying identity and for filing an 

individual access request as a parent or 

guardian of an individual. 

• Section 2412.6 is removed and 

redesignated as § 2412.7 and is revised 

to streamline the procedure for 

responding to access requests by 

providing that the FLRA’s Solicitor, or 

the IG, as appropriate will issue all 

initial decisions on access requests. 

Revisions also clarify that records will 

not be provided if they have been 

compiled in reasonable anticipation of 

civil or criminal action or other 

proceedings. 

• Section 2412.7 is removed and 

integrated into newly redesignated 

§ 2412.6 in order to consolidate all 

request provisions. 

• Section 2412.8 is removed and 

redesignated as § 2412.6 and is revised 

to contain the limitations on disclosure 

and to streamline the process for 

responding to third-party requests for 

records by directing all such requests to 

the FLRA’s Solicitor or the IG. The 

revision also adds language to reflect the 

amendment of the Privacy Act by the 

Debt Collection Act of 1982, which 

stated the circumstances under which 

Federal agencies could disclose 

individual records to consumer 

reporting agencies. 

• Section 2412.9 is removed and 

redesignated as § 2412.8 and is revised 

to include a procedure for requesting 

accountings of record disclosures, for 

the FLRA’s Solicitor or IG to respond to 

such requests, and for an individual to 

appeal the Solicitor or IG’s decision. 

Revisions also identify certain types of 

records that are not subject to 

accounting or disclosure of an 

accounting. 

• Section 2412.10 is removed and 

redesignated as § 2412.9 and is revised 

to streamline the procedure for 

requesting amendment or correction of 

records by directing all such requests to 

the FLRA’s Solicitor or the IG and to list 

certain types of records that are not 

subject to amendment or correction. 

• Section 2412.11 is removed and 

redesignated as § 2412.10 and is revised 

to streamline the procedure for 

responding to requests for correction or 

amendment by providing that the 

FLRA’s Solicitor or IG will issue all 

initial decisions on access requests. 

• Section 2412.12 is removed and 

redesignated as § 2412.11 and is revised 

to streamline the procedure for 


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correction or amendment of previously 

disclosed records by providing that the 

FLRA’s Solicitor or IG will give notice 

of correction or amendment, or notice of 

a written statement of disagreement, to 

all persons to whom such records or 

copies have been disclosed. 

• Section 2412.13 is removed and 

redesignated as § 2412.12 and is revised 

to streamline the procedure for an 

individual to appeal the initial decision 

of the FLRA’s Solicitor or IG on a 

request for information regarding, or 

access to, a system of records, for 

amendment or correction of records, or 

for an accounting of disclosure from 

records by providing that the individual 

may submit the appeal by mail or by 

email to privacy@flra.gov. 

• Section 2412.14 is removed and 

redesignated as § 2412.13 and is revised 

to provide that an individual’s Privacy 

Act request for access to records will be 

considered an agreement to pay all 

applicable fees charged under paragraph 

(b) of this section, up to $25.00, unless 

the request specifies otherwise. It is 

further amended to provide that the cost 

for paper-copy duplication of records is 

twenty-five (25) cents per page, 

consistent with the duplication fees 

charged by the FLRA under its FOIA 

regulations. 

• Section 2412.15 is removed and 

redesignated as § 2412.14. 

• Section 2412.16 is removed and 

redesignated as § 2412.15. 

This proposed rule is internal and 

procedural rather than substantive. It 

does not create a right to obtain FLRA 

records, nor does it create any 

additional right or privilege not already 

available to the public under the Privacy 

Act. 

Regulatory Flexibility Act Certification 

Pursuant to section 605(b) of the 

Regulatory Flexibility Act, 5 U.S.C. 

605(b), the FLRA has determined that 

this regulation, as amended, will not 

have a significant impact on a 

substantial number of small entities. 

The Privacy Act primarily affects 

individuals and not entities and the 

proposed rule would impose no duties 

or obligations on small entities. 

Unfunded Mandates Reform Act of 

1995 

This proposed rule change will not 

result in the expenditure by state, local, 

and tribal governments, in the aggregate, 

or by the private sector, of $100,000,000 

or more in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This action is not a major rule as 

defined by section 804 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, 5 U.S.C. 804. This 

proposed rule will not result in an 

annual effect on the economy of 

$100,000,000 or more; a major increase 

in costs or prices; or significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

on the ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 

Paperwork Reduction Act of 1995 

The amended regulations contain no 

additional information collection or 

record-keeping requirements under the 

Paperwork Reduction Act of 1995, 44 

U.S.C. 3501, et seq. 

List of Subjects in 5 CFR Part 2412 

Privacy Act. 

For the reasons stated in the 

preamble, the Authority proposes to 

revise 5 CFR part 2412 to read as 

follows: 

PART 2412—PRIVACY 

Sec. 

2412.1 Purpose and scope. 

2412.2 Definitions. 

2412.3 Notice and publication. 

2412.4 Existence-of-records requests. 

2412.5 Individual access requests. 

2412.6 Records about other individuals, 

medical records, and limitations on 

disclosures. 

2412.7 Initial decision on access requests. 

2412.8 Accountings of disclosures and 

requests for accountings. 

2412.9 Requests for amendment or 

correction of records. 

2412.10 Initial decision on amendment or 

correction. 

2412.11 Amendment or correction of 

previously disclosed records. 

2412.12 Agency review of refusal to inform, 

to provide access to, or to amend or 

correct records. 

2412.13 Fees. 

2412.14 Penalties. 

2412.15 Exemptions. 

Authority: 5 U.S.C. 552a. 

§ 2412.1 Purpose and scope. 

This part contains the regulations that 

the Federal Labor Relations Authority 

(FLRA), including the Authority 

component (Authority), the General 

Counsel of the FLRA (General Counsel), 

the Inspector General (IG), and the 

Federal Service Impasses Panel (Panel), 

follow under the Privacy Act of 1974, as 

amended, 5 U.S.C. 552a. These 

regulations should be read together with 

the Privacy Act, which provides 

additional information about records 

maintained on individuals. The 

regulations apply to all records 

maintained by the Authority, the 

General Counsel, the IG, and the Panel 

that are contained in a system of 

records, as defined at § 2412.2(d), and 

that are retrieved by an individual’s 

name or personal identifier. They 

describe the procedures by which 

individuals may request access to 

records about themselves, request 

amendment or correction of those 

records, and request an accounting of 

disclosures of those records. In addition, 

the regulations limit the access of other 

persons to those records. The Authority, 

the General Counsel, the IG, and the 

Panel also process all Privacy Act 

requests for access to records under the 

Freedom of Information Act, 5 U.S.C. 

552, giving requesters the benefit of both 

statutes. These regulations do not relate 

to those personnel records of Federal 

Government employees, which are 

under the Office of Personnel 

Management’s (OPM) jurisdiction, to the 

extent such records are subject to OPM 

regulations. 

§ 2412.2 Definitions. 

For the purposes of this part— 

Individual means a citizen of the 

United States or an alien lawfully 

admitted for permanent residence. 

Maintain includes maintain, collect, 

use, or disseminate. 

Record means any item, collection, or 

grouping of information about an 

individual that is maintained by the 

Authority, the General Counsel, the IG, 

or the Panel including, but not limited 

to, information regarding the 

individual’s education, financial 

transactions, medical history, and 

criminal or employment history, that 

contains the individual’s name, or the 

identifying number, symbol, or other 

identifying particular assigned to the 

individual, such as a finger or voice 

print or a photograph. 

Request for access to a record means 

a request made under the Privacy Act, 

5 U.S.C. 552a(d)(1). 

Request for amendment or correction 

of a record means a request made under 

the Privacy Act, 5 U.S.C. 552a(d)(2). 

Request for an accounting means a 

request made under the Privacy Act, 5 

U.S.C. 552a(c)(3). 

Requester means an individual who 

makes an existence-of-records request, a 

request for access, a request for 

amendment or correction, or a request 

for an accounting under the Privacy Act. 

System of records means a group of 

any records under the control of the 

Authority, the General Counsel, the IG, 

or the Panel from which information is 


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retrieved by the name of the individual 

or by some identifying particular 

assigned to the individual. 

Routine use means, with respect to 

the disclosure of a record, the use of 

such record for a purpose which is 

compatible with the purpose for which 

it was collected. 

§ 2412.3 Notice and publication. 

The Authority, the General Counsel, 

the IG, and the Panel will publish in the 

Federal Register such notices describing 

systems of records as are required by 

law. 

§ 2412.4 Existence-of-records requests. 

(a) If you want to know whether a 

system of records maintained by the 

Authority, the General Counsel, the IG, 

or the Panel contains a record pertaining 

to you, you may submit a written 

existence-of-records request by mail to 

the FLRA’s Solicitor or IG, as 

appropriate, at the Authority’s offices in 

Washington, DC, or by email to 

privacy@flra.gov. 

(b) You should clearly and 

prominently identify your request as a 

Privacy Act request. If you submit the 

request by mail, it should bear the mark 

‘‘Privacy Act Request’’ on the envelope 

or other cover, as well as your return 

address. If you submit the request by 

email, the subject line of the email 

should include the phrase ‘‘Privacy Act 

Request.’’ If you do not comply with the 

provisions of this paragraph, your 

request will not be deemed received 

until the time it is actually received by 

the FLRA’s Solicitor or IG. 

(c) An existence-of-records request 

must include your name and address 

and must reasonably describe the 

system of records in question. Whenever 

possible, the request should also 

describe the time periods in which you 

believe the records were compiled and 

the name or identifying number of each 

system of records in which you believe 

the records are kept. The Authority, the 

General Counsel, the IG, and the Panel 

have published descriptions of the 

systems of records they maintain in the 

Federal Register. 

(d) When you make an existence-ofrecords request regarding records about 

yourself, you must verify your identity. 

You must state your full name, current 

address, and date and place of birth. 

You must sign your request and your 

signature must either be notarized or 

submitted by you under 28 U.S.C. 1746, 

a law that permits statements to be 

made under penalty of perjury as a 

substitute for notarization. In order to 

help the identification and location of 

requested records, you may also, at your 

option, include your social security 

number. 

(e) When making an existence-ofrecords request as the parent or 

guardian of a minor or as the guardian 

of someone determined by a court to be 

incompetent, you must establish: 

(1) The identity of the individual who 

is the subject of the record, by stating 

the name, current address, date and 

place of birth, and, at your option, the 

social security number of the 

individual; 

(2) Your own identity, following the 

requirements of paragraph (d) of this 

section; 

(3) That you are the parent or 

guardian of that individual, which you 

may prove by providing a copy of the 

individual’s birth certificate showing 

your parentage or by providing a court 

order establishing your guardianship; 

and 

(4) That you are acting on behalf of 

that individual in making the request. 

(f) The Solicitor or IG, as appropriate, 

will advise you in writing within ten 

(10) working days from receipt of your 

request whether the system of records 

you identified contains a record 

pertaining to you or to the individual for 

whom you are a parent or guardian and, 

if so, the office in which that record is 

located. If the Solicitor or IG is 

prohibited from, or there is otherwise an 

exemption that prevents, disclosing 

whether a system of records contains a 

record pertaining to you or to the 

individual for whom you are a parent or 

guardian, you will be notified in writing 

of the reasons of that determination, and 

of your right to appeal that 

determination under the provisions 

§ 2412.12. 

§ 2412.5 Individual access requests. 

(a) You may make a request for access 

to a record about yourself that is 

contained in a system of records 

maintained by the Authority, the 

General Counsel, the IG, or the Panel by 

submitting a written request reasonably 

identifying the records sought to be 

inspected or copied by mail to the 

FLRA’s Solicitor or the IG at the 

Authority’s offices in Washington, DC, 

or by email to privacy@flra.gov. You 

must describe the records that you want 

in enough detail to enable Authority, 

General Counsel, IG, or Panel personnel 

to locate the system of records 

containing them with a reasonable 

amount of effort. Whenever possible, 

your request should describe the time 

periods in which you believe the 

records were compiled and the name or 

identifying number of each system of 

records in which you believe the 

records are kept. The Authority, the 

General Counsel, the IG, and the Panel 

have published descriptions of the 

systems of records they maintain in the 

Federal Register. 

(b) Your written request should be 

clearly and prominently identified as a 

Privacy Act request. If you submit the 

request by mail, it should bear the mark 

‘‘Privacy Act Request’’ on the envelope 

or other cover, as well as your return 

address. If you submit the request by 

email, the subject line of the email 

should include the phrase ‘‘Privacy Act 

Request.’’ If your request does not 

comply with the provisions of this 

paragraph, it will not be deemed 

received until the time it is actually 

received by the FLRA’s Solicitor or IG. 

(c) If you desire, you may be 

accompanied by another person during 

your review of the records. If you desire 

to be accompanied by another person 

during the inspection, you must notify 

the Solicitor or IG at least twenty-four 

hours in advance of the agreed-upon 

inspection date. Additionally, you must 

sign a statement and provide it to the 

representative of the Authority, the 

General Counsel, the IG, or the Panel, as 

appropriate, at the time of the 

inspection, authorizing that person to 

accompany you. The agency may 

require a written statement from you 

authorizing discussion of your record in 

the accompanying person’s presence. 

(d) When you make a request for 

access to records about yourself, you 

must verify your identity. You must 

state your full name, current address, 

and date and place of birth. You must 

sign your request and your signature 

must either be notarized or submitted by 

you under 28 U.S.C. 1746, a law that 

permits statements to be made under 

penalty of perjury as a substitute for 

notarization. In order to help the 

identification and location of requested 

records, you may also, at your option, 

include your social security number. 

(e) When making a request as the 

parent or guardian of a minor or as the 

guardian of someone determined by a 

court to be incompetent, for access to 

records about that individual, you must 

establish: 

(1) The identity of the individual who 

is the subject of the record, by stating 

the name, current address, date and 

place of birth, and, at your option, the 

social security number of the 

individual; 

(2) Your own identity, following the 

requirements of paragraph (d) of this 

section; 

(3) That you are the parent or 

guardian of that individual, which you 

may prove by providing a copy of the 

individual’s birth certificate showing 

your parentage or by providing a court 


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order establishing your guardianship; 

and 

(4) That you are acting on behalf of 

that individual in making the request. 

§ 2412.6 Records about other individuals, 

medical records, and limitations on 

disclosures. 

(a) Requests for records about an 

individual made by person other than 

that individual shall also be directed to 

the FLRA’s Solicitor or IG, as 

appropriate, at the Authority’s offices in 

Washington, DC, or by email to 

privacy@flra.gov. You must describe the 

records that you want in enough detail 

to enable Authority, General Counsel, 

IG, or Panel personnel to locate the 

system of records containing them with 

a reasonable amount of effort. Whenever 

possible, your request should describe 

the time periods in which you believe 

the records were compiled and the 

name or identifying number of each 

system of records in which you believe 

the records are kept. The Authority, the 

General Counsel, the IG, and the Panel 

have published descriptions of the 

systems of records they maintain in the 

Federal Register. 

(b) Such records shall only be made 

available to persons other than that 

individual in the following 

circumstances: 

(1) To any person with the prior 

written consent of the individual about 

whom the records are maintained; 

(2) To officers and employees of the 

Authority, the General Counsel, the IG, 

and the Panel who have a need for the 

records in the performance of their 

official duties; 

(3) For a routine use compatible with 

the purpose for which it was collected, 

as defined in 5 U.S.C. 552a(a)(7) and as 

described under 5 U.S.C. 552a(e)(4)(D); 

(4) To any person to whom disclosure 

is required by the Freedom of 

Information Act, as amended, 5 U.S.C. 

552; 

(5) To the Bureau of the Census for 

purposes of planning or carrying out a 

census or survey or related activity 

pursuant to title 13 of the United States 

Code; 

(6) In a form not individually 

identifiable to a recipient who has 

provided the Solicitor or IG with 

advance adequate written assurance that 

the record will be used solely as a 

statistical research or reporting record; 

(7) To the National Archives and 

Records Administration or other 

appropriate entity as a record which has 

sufficient historical or other value 

warranting its preservation, or for 

evaluation by the Archivist of the 

United States or the designee of such 

official to determine whether the record 

has such value; 

(8) To another agency or to an 

instrumentality of any governmental 

jurisdiction within or under control of 

the United States for a civil or criminal 

law enforcement activity that is 

authorized by law if the head of the 

agency or instrumentality has made a 

written request for the record to the 

Solicitor or IG, in accordance with part 

2417 of this chapter, specifying the 

particular portion desired and the law 

enforcement activity for which the 

record is sought; 

(9) To a person pursuant to a showing 

of compelling circumstances affecting 

the health or safety of an individual, 

provided that notification of such a 

disclosure shall be immediately mailed 

to the last known address of the 

individual; 

(10) To either House of Congress or to 

any committee thereof with appropriate 

jurisdiction; 

(11) To the Comptroller General, or 

any of Comptroller General’s authorized 

representatives, in the performance of 

the official duties of the General 

Accountability Office; 

(12) Pursuant to the order of a court 

of competent jurisdiction; or 

(13) To a consumer reporting agency 

in accordance with 31 U.S.C. 3711(e). 

(c) The request shall be in writing and 

should be clearly and prominently 

identified as a Privacy Act request and, 

if submitted by mail or otherwise 

submitted in an envelope or other cover, 

should bear the mark ‘‘Privacy Act 

Request’’ on the envelope or other 

cover. If a request does not comply with 

the provisions of this paragraph, it shall 

not be deemed received until the time 

it is actually received by the Solicitor or 

the IG. 

(d) If medical records are requested 

for inspection which, in the opinion of 

the Solicitor or the IG, as appropriate, 

may be harmful to the requester if 

personally inspected by such person, 

such records will be furnished only to 

a licensed physician designated to 

receive such records by the requester. 

Prior to such disclosure, the requester 

must furnish a signed written 

authorization to make such disclosure 

and the physician must furnish a 

written request for the physician’s 

receipt of such records to the Solicitor 

or the IG, as appropriate. 

(1) If such authorization is not 

executed within the presence of an 

Authority, General Counsel, or Panel 

representative, the authorization must 

be accompanied by a notarized 

statement verifying the identification of 

the requester. 

(2) [Reserved] 

§ 2412.7 Initial decision on access 

requests. 

(a) Within ten (10) working days of 

the receipt of a request pursuant to 

§ 2412.5, the FLRA’s Solicitor or IG will 

make an initial decision regarding 

whether the requested records exist and 

whether they will be made available to 

the requester. The Solicitor or IG will 

promptly communicate that initial 

decision to you in writing or other 

appropriate form. 

(b) When the initial decision is to 

provide access to the requested records, 

the writing or other appropriate 

communication notifying you of the 

decision will: 

(1) Briefly describe the records to be 

made available; 

(2) State whether any records 

maintained about you in the system of 

records in question are not being made 

available; 

(3) State whether any further 

verification of your identity is 

necessary; and 

(4) Notify you of any fee charged 

under § 2412.13. 

(5) The Solicitor or IG will promptly 

disclose the requested records to you 

upon payment of any applicable fee 

under § 2412.13. 

(c) When the initial decision is not to 

provide access to requested records and 

accountings, the Solicitor or IG will, by 

writing or other appropriate 

communication, explain the reason for 

that decision. The Solicitor or IG will 

only refuse to provide you access when: 

(1) Your verification of identity is 

inadequate under § 2412.5(d); 

(2) No such records are maintained or 

an exemption applies; 

(3) Your information is contained in, 

and inseparable from, another 

individual’s record; 

(4) The requested records have been 

compiled in reasonable anticipation of 

civil or criminal action or other 

proceedings. 

§ 2412.8 Accountings of disclosures and 

requests for accountings. 

(a) The FLRA’s Solicitor or IG, as 

appropriate, will maintain a record 

(‘‘accounting’’) of every instance in 

which records about an individual are 

made available, pursuant to this part, to 

any person other than: 

(1) Officers or employees of the 

Authority, the General Counsel, the IG, 

or the Panel in the performance of their 

duties; or 

(2) Any person pursuant to the 

Freedom of Information Act, as 

amended, 5 U.S.C. 552. 

(b) The accounting which shall be 

retained for at least five (5) years or the 

life of the record, whichever is longer, 

shall contain the following information: 


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(1) A brief description of records 

disclosed; 

(2) The date, nature and, where 

known, the purpose of the disclosure; 

and 

(3) The name and address of the 

person or agency to whom the 

disclosure is made. 

(c) Except when accountings of 

disclosures are not required to be kept 

(as stated in paragraph (a) of this 

section) or are withheld accounting of 

disclosures that were made pursuant to 

5 U.S.C. 552a(b)(7), you may make a 

request for an accounting of any 

disclosure that has been made by the 

Solicitor or IG, to another person, 

organization, or agency of any record 

about you. This accounting contains the 

date, nature, and purpose of each 

disclosure, as well as the name and 

address of the person, organization, or 

agency to which the disclosure was 

made. Your request for an accounting 

should identify each particular record in 

question and should be made by writing 

to the FLRA’s Solicitor or IG, as 

appropriate, following the procedures in 

§ 2412.5. 

(d) The FLRA’s Solicitor or IG, as 

appropriate, will respond to your 

request for access to an accounting 

following the procedures in § 2412.7. 

You may appeal the Solicitor or IG’s 

decision on your request under the 

procedures in § 2412.12. 

§ 2412.9 Requests for amendment or 

correction of records. 

(a) Unless the record is not subject to 

amendment or correction as stated in 

paragraph (b) of this section, you may 

make a request for amendment or 

correction of an Authority, General 

Counsel, IG, or Panel record about 

yourself or about an individual for 

whom you are a parent or guardian by 

submitting a written request to the 

FLRA’s Solicitor or IG, as appropriate, 

following the procedures in § 2412.5. 

Your request should identify each 

particular record in question, state the 

amendment or correction that you want, 

and state why you believe that the 

record is not accurate, relevant, timely, 

or complete. Please note that a requester 

bears the burden of proving by the 

preponderance of the evidence that 

information is not accurate, relevant, 

timely, or complete. You may submit 

any documentation that you think 

would be helpful. If you believe that the 

same record is in more than one system 

of records, your request should state 

that. 

(b) The following records are not 

subject to amendment or correction: 

(1) Transcripts of testimony given 

under oath or written statements made 

under oath; 

(2) Transcripts of grand jury 

proceedings, judicial proceedings, or 

quasi-judicial proceedings, which are 

the official record of those proceedings; 

(3) Records in systems of records that 

have been exempted from amendment 

and correction under the Privacy Act, 5 

U.S.C. 552a(j) or (k), by notice published 

in the Federal Register; and 

(4) Records compiled in reasonable 

anticipation of a civil action or 

proceeding. 

§ 2412.10 Initial decision on amendment or 

correction. 

(a) Within ten (10) working days after 

receiving your request for amendment 

or correction, the FLRA’s Solicitor or IG, 

as appropriate, will acknowledge receipt 

of the request and, under normal 

circumstances, the Solicitor or IG will 

notify you, by mail or other appropriate 

means, of the decision regarding the 

request not later than thirty (30) 

working days after receiving of the 

request. 

(b) The notice of decision will 

include: 

(1) A statement of whether the 

Solicitor or IG has granted or denied 

your request, in whole or in part; 

(2) A quotation or description of any 

amendment or correction made to any 

records; and 

(3) When a request is denied in whole 

or in part, an explanation of the reason 

for that denial and of your right to 

appeal the decision to the Chairman of 

the Authority, pursuant to § 2412.12. 

§ 2412.11 Amendment or correction of 

previously disclosed records. 

When a record is amended or 

corrected pursuant to § 2412.10, or a 

written statement of disagreement filed, 

pursuant to § 2412.12, the FLRA’s 

Solicitor or IG, as appropriate, will give 

notice of that correction, amendment, or 

written statement of disagreement to all 

persons to whom such records or copies 

have been disclosed, as recorded in the 

accounting kept pursuant to § 2412.8. 

§ 2412.12 Agency review of refusal to 

inform, to provide access to, or to amend 

or correct records. 

(a) If your request for information 

regarding whether a system of records 

contains information about you or an 

individual for whom you are a parent or 

guardian, or your request for access to, 

or amendment or correction of, records 

of the Authority, the General Counsel, 

the IG, or the Panel, or an accounting of 

disclosure from such records, has been 

denied in whole or in part by an initial 

decision, you may, within thirty (30) 

working days after your receipt of notice 

of the initial decision, appeal that 

decision by filing a written request by 

mail to the Chairman of the Authority 

at the Authority’s offices in Washington, 

DC, or by email to privacy@flra.gov. 

(b) The appeal must describe: 

(1) The request you initially made for 

information regarding, access to, or the 

amendment or correction of, records; 

(2) The initial decision of the FLRA’s 

Solicitor or IG on the request; and 

(3) The reasons why that initial 

decision should be modified by the 

Chairman of the Authority. 

(c) Not later than thirty (30) working 

days after receipt of a request for review 

(unless such period is extended by the 

Chairman of the Authority or the 

Chairman’s designee for good cause 

shown), the Chairman of the Authority 

or the Chairman’s designee will notify 

you of their decision on your request. If 

the Chairman of the Authority or the 

Chairman’s designee upholds the initial 

decision not to inform the individual of 

whether requested records exist, or not 

to provide access to requested records or 

accountings, or not to amend or correct 

the records as requested, then the 

Chairman of the Authority or the 

Chairman’s designee will notify you of 

your right: 

(1) To judicial review of the Chairman 

of the Authority or the Chairman’s 

designee’s decision pursuant to 5 U.S.C. 

552a(g)(1); and 

(2) To file with the FLRA’s Solicitor 

or IG, as appropriate, a concise written 

statement of disagreement with the 

determination. That written statement of 

disagreement will be made a part of the 

record and will accompany that record 

in any use or disclosure of the record. 

§ 2412.13 Fees. 

(a) Your Privacy Act request for access 

to records will be considered an 

agreement to pay all applicable fees 

charged under paragraph (b) of this 

section, up to $25.00. When making a 

request, you may specify a willingness 

to pay a greater or lesser amount. 

(b) There will be a charge of twentyfive cents per page for paper-copy 

duplication of records disclosed under 

this part. For copies of records produced 

on tapes, disks, or other media, the 

Solicitor or IG will charge the actual 

cost of production, including operator 

time. 

(c) The FLRA’s Solicitor or IG may 

waive or reduce any charges under this 

section whenever it is in the public 

interest to do so. 

§ 2412.14 Penalties. 

Any person who knowingly and 

willfully requests or obtains any record 


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Federal Register / Vol. 88, No. 195 / Wednesday, October 11, 2023 / Proposed Rules 70379 

concerning an individual from the 

Authority, the General Counsel, the IG, 

or the Panel under false pretenses will 

be subject to criminal prosecution under 

5 U.S.C. 552a(i)(3), which provides that 

such person shall be guilty of a 

misdemeanor and fined not more than 

$5,000. 

§ 2412.15 Exemptions. 

(a) Files of FLRA’s Office of Inspector 

General (OIG) compiled for the purpose 

of a criminal investigation and for 

related purposes. Pursuant to 5 U.S.C. 

552a(j)(2), the FLRA hereby exempts the 

system of records entitled ‘‘FLRA/OIG– 

1, Office of Inspector General 

Investigative Files,’’ insofar as it 

consists of information compiled for the 

purposes of a criminal investigation or 

for other purposes within the scope of 

5 U.S.C. 552a(j)(2), from the application 

of 5 U.S.C. 552a, except for 5 U.S.C. 

552a(b), (c)(1) and (2), (e)(4)(A) through 

(F), (e)(6), (7), (9), (10), (11) and (i). 

(b) OIG files compiled for other law 

enforcement purposes. Pursuant to 5 

U.S.C. 552a(k)(2), the FLRA hereby 

exempts the system of records entitled 

‘‘FLRA/OIG–1, Office of Inspector 

General Investigative Files,’’ insofar as it 

consists of information compiled for law 

enforcement purposes other than 

material within the scope of 5 U.S.C. 

552a(j)(2), from the application of 5 

U.S.C. 552a, (c)(3), (d), (e)(1), (e)(4)(G), 

(H), and (I), and (f). 

Dated: October 4, 2023. 

Thomas Tso, 

Solicitor. 

[FR Doc. 2023–22439 Filed 10–10–23; 8:45 am] 

BILLING CODE 7627–01–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 51 

[Doc. No. AMS–SC–21–0039] 

U.S. Grade Standards for Pecans in the 

Shell and Shelled Pecans 

AGENCY: Agricultural Marketing Service, 

Department of Agriculture (USDA). 

ACTION: Proposed rule. 

SUMMARY: The Agricultural Marketing 

Service (AMS) is proposing to revise the 

U.S. Standards for Grades of Pecans in 

the Shell and the U.S. Standards for 

Grades of Shelled Pecans by replacing 

the current grades with U.S. Extra 

Fancy, U.S. Fancy, U.S. Choice, and 

U.S. Standard grades. The proposal also 

includes updating terminology, 

definitions, and defect scoring guides. 

DATES: Comments must be submitted on 

or before December 11, 2023. 

ADDRESSES: Interested persons are 

invited to submit comments to the 

Standardization Branch, Specialty Crops 

Inspection Division, Specialty Crops 

Program, Agricultural Marketing 

Service, U.S. Department of Agriculture, 

National Training and Development 

Center; 100 Riverside Parkway, Suite 

101; Fredericksburg, Virginia 22406; fax: 

(540) 361–1199, or via the internet at: 

https://www.regulations.gov. Comments 

should reference the date and page 

numbers of this issue of the Federal 

Register. All comments submitted in 

response to this proposed rule will 

become a part of the public record and 

be made available to the public 

including any personal information 

provided at https:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Olivia L. Banks at the address above, or 

by phone (540) 361–1120; fax (540) 361– 

1199; or email SCIStandards@usda.gov. 

Copies of the proposed U.S. Standards 

for Grades of Pecans in the Shell and 

U.S. Standards for Grades of Shelled 

Pecans are available on the internet at 

https://www.regulations.gov. Copies of 

the current U.S. Standards for Grades of 

Pecans in the Shell and U.S. Standards 

of Grades of Shelled Pecans are 

available at https://www.ams.usda.gov/ 

grades-standards/nuts. 

SUPPLEMENTARY INFORMATION: This 

proposed action, pursuant to 5 U.S.C. 

553, would amend regulations at 7 CFR 

part 51 issued under the Agricultural 

Marketing Act of 1946 (7 U.S.C. 1621– 

1627), as amended. These revisions do 

not affect the Federal marketing order, 

7 CFR part 986, (Marketing Order 986) 

issued under the Agricultural Marketing 

Agreement Act of 1937 (7 U.S.C. 601– 

674) or applicable imports. 

Executive Orders 12866, 13563, and 

14094 

The Department of Agriculture 

(USDA) is issuing this proposed rule in 

conformance with Executive Orders 

12866, 13563, and 14094. Executive 

Orders 12866 and 13563 direct agencies 

to assess all costs and benefits of 

available regulatory alternatives and, if 

regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety effects, distributive impacts, 

and equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 

promoting flexibility. Executive Order 

14094 reaffirms, supplements, and 

updates Executive Order 12866 and 

further directs agencies to solicit and 

consider input from a wide range of 

affected and interested parties through a 

variety of means. This proposed action 

falls within a category of regulatory 

actions that the Office of Management 

and Budget (OMB) has exempted from 

review under Executive Order 12866. 

Executive Order 13175 

This proposed rule has been reviewed 

under Executive Order 13175— 

Consultation and Coordination with 

Indian Tribal Governments, which 

requires agencies to consider whether 

their rulemaking actions would have 

tribal implications. 

AMS has determined that this 

proposed rule is unlikely to have 

substantial direct effects on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

Executive Order 12988 

This proposed rule has been reviewed 

under Executive Order 12988—Civil 

Justice Reform. This proposed action is 

not intended to have retroactive effect. 

There are no administrative procedures 

that must be exhausted prior to any 

judicial challenge to the provisions of 

this rule. 

Background 

AMS continually reviews fruit and 

vegetable grade standards to ensure 

their usefulness to the industry and to 

modernize language. 

On June 12, 2020, the American Pecan 

Council (APC) petitioned AMS to revise 

the U.S. Standards for Grades of Pecans 

in the Shell and the U.S. Standards for 

Grades of Shelled Pecans (standards). 

The APC was established by, and is 

regulated under, the Federal marketing 

order for the pecan industry, Marketing 

Order 986, and represents all 15 major 

U.S. pecan-growing states. 

The APC noted that the pecan 

standards have not been substantially 

updated since 1969 and the terminology 

of the standards no longer reflects 

current industry descriptions and 

practices. The National Pecan Shellers 

Association (NPSA) directed the 

initiative to update the standards for the 

APC. The APC voted unanimously to 

submit their proposed revisions to the 

USDA. AMS and the APC have since 

collaborated to refine the proposed 

revisions. 

The changes to the standards would 

replace current grades with new ones, 

revise scoring guides for defects, create 

new sizes, and revise definitions. The 


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