[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:
    <bullet> Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#1b5f5452444b69726d7a78625b727468357f7472357c746d"><span class="__cf_email__" data-cfemail="793d363026290b100f181a003910160a571d1610571e160f">[email protected]</span></a>. Include docket number 
[DOI-2023-0016] in the subject line of the message.
    <bullet> 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, <a href="/cdn-cgi/l/email-protection#79362a342b3c26290b100f181a0039160a140b1c571e160f"><span class="__cf_email__" data-cfemail="5d120e100f18020d2f342b3c3e241d322e302f38733a322b">[email protected]</span></a> 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]
BILLING CODE 4310-05-P


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