Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Notices 51199 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submissions 

of responses. 

Agency: National Endowment for the 

Arts. 

Title: 2022 Survey of Public 

Participation in the Arts. 

OMB Number: 3135–0136. 

Frequency: One Time. 

Affected Public: American adults. 

Estimated Number of Respondents: 

36,000. 

Estimated Time per Respondent: 10.0 

minutes. 

Total Burden Hours: 6,000 hours. 

Total Annualized Capital/Startup 

Costs: 0. 

Total Annual Costs (operating/ 

maintaining systems or purchasing 

services): 0. 

Description: This request is for 

clearance of the 2022 Survey of Public 

Participation in the Arts (SPPA) to be 

conducted by the Census Bureau in July 

2022 as a supplement to the Bureau of 

Labor Statistic’s Current Population 

Survey. The SPPA is the field’s 

premiere repeated cross-sectional 

survey of individual attendance and 

involvement in arts and cultural 

activity. The data are circulated to 

interested researchers, and they are the 

basis for a range of NEA reports and 

independent research publications. The 

SPPA provides primary knowledge on 

the extent and nature of participation in 

the arts and leisure in the United States. 

Earlier SPPA surveys were conducted in 

1982, 1985, 1992, 1997, 2002, 2008, 

2012, and 2017, all of which were 

conducted by the Census Bureau except 

the 1997 study, which was conducted 

by a private contractor, Westat Inc. 

Reports on these data will be made 

publicly available on the NEA’s website. 

The data will be made available to the 

public through the agency’s data 

archive, the National Archive of Data on 

Arts and Culture (NADAC). The SPPA 

will provide primary knowledge on the 

extent and nature of participation in the 

arts in the United States. These data will 

also be used by the NEA as a contextual 

measure for one or more of its strategic 

goals. 

Dated: September 9, 2021. 

Meghan Jugder, 

Support Services Specialist, Office of 

Administrative Services & Contracts, National 

Endowment for the Arts. 

[FR Doc. 2021–19775 Filed 9–13–21; 8:45 am] 

BILLING CODE 7537–01–P 

OCCUPATIONAL SAFETY AND 

HEALTH REVIEW COMMISSION 

Privacy Act of 1974; System of 

Records 

AGENCY: Occupational Safety and Health 

Review Commission. 

ACTION: Notice of a modified system of 

records. 

SUMMARY: In accordance with the 

Privacy Act of 1974, as amended, the 

Occupational Safety and Health Review 

Commission (OSHRC) is revising the 

notice for Privacy Act system-of-records 

OSHRC–6. 

DATES: Comments must be received by 

OSHRC on or before October 14, 2021. 

The revised system of records will 

become effective on that date, without 

any further notice in the Federal 

Register, unless comments or 

government approval procedures 

necessitate otherwise. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Email: rbailey@oshrc.gov. Include 

‘‘PRIVACY ACT SYSTEM OF 

RECORDS’’ in the subject line of the 

message. 

• Fax: (202) 606–5417. 

• Mail: One Lafayette Centre, 1120 

20th Street NW, Ninth Floor, 

Washington, DC 20036–3457. 

• Hand Delivery/Courier: same as 

mailing address. 

Instructions: All submissions must 

include your name, return address, and 

email address, if applicable. Please 

clearly label submissions as ‘‘PRIVACY 

ACT SYSTEM OF RECORDS.’’ 

FOR FURTHER INFORMATION CONTACT: Ron 

Bailey, Attorney-Advisor, Office of the 

General Counsel, via telephone at (202) 

606–5410, or via email at rbailey@

oshrc.gov. 

SUPPLEMENTARY INFORMATION: The 

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

requires federal agencies such as 

OSHRC to publish in the Federal 

Register notice of any new or modified 

system of records. 

As detailed below, OSHRC is revising 

the name of the company that operates 

the government-only cloud in which 

electronic records are maintained, the 

physical location of the facility that 

maintains the cloud, and safeguards 

used at that facility. 

In addition, OSHRC recently revised 

its Privacy Act regulations, 29 CFR pt. 

2400, which resulted in the 

renumbering of its regulatory 

provisions. 85 FR 65222 (Oct. 15, 2020). 

OSHRC is therefore revising the 

following elements in this system-ofrecords notice to reference the correct 

sections of the agency’s Privacy Act 

regulations: Record Access Procedures, 

Contesting Record Procedures, and 

Notification Procedures. 

The notice for OSHRC–6, provided 

below in its entirety, is as follows. 

SYSTEM NAME AND NUMBER: 

E-Filing/Case Management System, 

OSHRC–6. 

SECURITY CLASSIFICATION: 

Unclassified. 

SYSTEM LOCATION: 

Electronic records are maintained in a 

government-only cloud within an 

Oracle Database, operated by Tyler 

Federal, LLC, at 44470 Chilum Place, 

Ashburn, VA 20148. Paper records are 

maintained by the Office of the 

Executive Secretary, located at 1120 

20th Street NW, Ninth Floor, 

Washington, DC 20036–3457. 

SYSTEM MANAGER(S): 

Supervisory Information Technology 

Specialist (electronic records contained 

in the e-filing/case management system) 

and the Executive Secretary (all other 

records), OSHRC, 1120 20th Street NW, 

Ninth Floor, Washington, DC 20036– 

3457; (202) 606–5100. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

29 U.S.C. 661. 

PURPOSE(S) OF THE SYSTEM: 

This system of records is maintained 

for the purpose of processing cases that 

are before OSHRC. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

This system of records covers (1) 

ALJs; (2) Commission members and 

their staff; (3) OSHRC employees 

entering data into the e-filing/case 

management system, or assigned 

responsibilities with respect to a 

particular case; and (4) parties, the 

parties’ points of contact, and the 

parties’ representatives in cases that 

have been, or presently are, before 

OSHRC. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

The electronic records contain the 

following information: (1) The names of 

those covered by the system of records 

and, as to parties, their points of 

contact; (2) the telephone and fax 

numbers, business email addresses, 

and/or business street addresses of those 

covered by the system of records; (3) the 

names of OSHRC cases, and information 

associated with the cases, such as the 

inspection number, the docket number, 

the state in which the action arose, the 

names of the representatives, and 


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51200 Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Notices 

whether the case involved a fatality; (4) 

events occurring in cases and the dates 

on which the events occurred; (5) 

documents filed in cases and the dates 

on which the documents were filed; and 

(6) the names of OSHRC employees 

entering data into the e-filing/case 

management system, or assigned 

responsibilities with respect to a 

particular case. The paper records are 

hard copies of the electronic records in 

the e-filing/case management system. 

RECORD SOURCE CATEGORIES: 

Information in this system is derived 

from the individual to whom it applies 

or is derived from case processing 

records maintained by the Office of the 

Executive Secretary and the Office of 

the General Counsel, or from 

information provided by the parties who 

appear before OSHRC. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

PURPOSES OF SUCH USES: 

In addition to disclosures generally 

permitted under 5 U.S.C. 552a(b), all or 

a portion of the records or information 

contained in this system of records may 

be disclosed as a routine use pursuant 

to 5 U.S.C. 552a(b)(3) under the 

circumstances or for the purposes 

described below, to the extent such 

disclosures are compatible with the 

purposes for which the information was 

collected: 

(1) To the Department of Justice (DOJ), 

or to a court or adjudicative body before 

which OSHRC is authorized to appear, 

when any of the following entities or 

individuals—(a) OSHRC, or any of its 

components; (b) any employee of 

OSHRC in his or her official capacity; 

(c) any employee of OSHRC in his or her 

individual capacity where DOJ (or 

OSHRC where it is authorized to do so) 

has agreed to represent the employee; or 

(d) the United States, where OSHRC 

determines that litigation is likely to 

affect OSHRC or any of its 

components—is a party to litigation or 

has an interest in such litigation, and 

OSHRC determines that the use of such 

records by DOJ, or by a court or other 

tribunal, or another party before such 

tribunal, is relevant and necessary to the 

litigation. 

(2) To an appropriate agency, whether 

federal, state, local, or foreign, charged 

with investigating or prosecuting a 

violation or enforcing or implementing 

a law, rule, regulation, or order, when 

a record, either on its face or in 

conjunction with other information, 

indicates a violation or potential 

violation of law, which includes civil, 

criminal or regulatory violations, and 

such disclosure is proper and consistent 

with the official duties of the person 

making the disclosure. 

(3) To a federal, state, or local agency 

maintaining civil, criminal or other 

relevant enforcement information, such 

as current licenses, if necessary, to 

obtain information relevant to an 

OSHRC decision concerning the hiring, 

appointment, or retention of an 

employee; the issuance, renewal, 

suspension, or revocation of a security 

clearance; the execution of a security or 

suitability investigation; the letting of a 

contract; or the issuance of a license, 

grant or other benefit. 

(4) To a federal, state, or local agency, 

in response to that agency’s request for 

a record, and only to the extent that the 

information is relevant and necessary to 

the requesting agency’s decision in the 

matter, if the record is sought in 

connection with the hiring, 

appointment, or retention of an 

employee; the issuance, renewal, 

suspension, or revocation of a security 

clearance; the execution of a security or 

suitability investigation; the letting of a 

contract; or the issuance of a license, 

grant or other benefit by the requesting 

agency. 

(5) To an authorized appeal grievance 

examiner, formal complaints manager, 

equal employment opportunity 

investigator, arbitrator, or other duly 

authorized official engaged in 

investigation or settlement of a 

grievance, complaint, or appeal filed by 

an employee, only to the extent that the 

information is relevant and necessary to 

the case or matter. 

(6) To OPM in accordance with the 

agency’s responsibilities for evaluation 

and oversight of federal personnel 

management. 

(7) To officers and employees of a 

federal agency for the purpose of 

conducting an audit, but only to the 

extent that the record is relevant and 

necessary to this purpose. 

(8) To OMB in connection with the 

review of private relief legislation at any 

stage of the legislative coordination and 

clearance process, as set forth in 

Circular No. A–19. 

(9) To a Member of Congress or to a 

person on his or her staff acting on the 

Member’s behalf when a written request 

is made on behalf and at the behest of 

the individual who is the subject of the 

record. 

(10) To the National Archives and 

Records Administration (NARA) for 

records management inspections and 

such other purposes conducted under 

the authority of 44 U.S.C. 2904 and 

2906. 

(11) To appropriate agencies, entities, 

and persons when: (a) OSHRC suspects 

or has confirmed that there has been a 

breach of the system of records; (b) 

OSHRC has determined that as a result 

of the suspected or confirmed breach 

there is a risk of harm to individuals, 

OSHRC, the Federal Government, or 

national security; and (c) the disclosure 

made to such agencies, entities, and 

persons is reasonably necessary to assist 

in connection with OSHRC’s efforts to 

respond to the suspected or confirmed 

breach or to prevent, minimize, or 

remedy such harm. 

(12) To NARA, Office of Government 

Information Services (OGIS), to the 

extent necessary to fulfill its 

responsibilities in 5 U.S.C. 552(h), to 

review administrative agency policies, 

procedures, and compliance with FOIA, 

and to facilitate OGIS’ offering of 

mediation services to resolve disputes 

between persons making FOIA requests 

and administrative agencies. 

(13) To another federal agency or 

federal entity, when OSHRC determines 

that information from this system of 

records is reasonably necessary to assist 

the recipient agency or entity in (a) 

responding to a suspected or confirmed 

breach or (b) 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 

security, resulting from a suspected or 

confirmed breach. 

(14) To a bar association or similar 

federal, state, or local licensing 

authority for a possible disciplinary 

action. 

(15) To vetted employees of Tyler 

Federal, LLC, in order to ensure that the 

e-filing/case management system is 

properly maintained. 

(16) To the public, in accordance with 

29 U.S.C. 661(g), for the purpose of 

inspecting and/or copying the records at 

OSHRC. 

POLICIES AND PRACTICES FOR STORAGE OF

RECORDS: 

At the Equinix secure colocation site, 

the information is stored in a database 

contained on a separate database server 

behind the application server serving 

the data. Paper records are stored in the 

records room and in file cabinets. 

POLICIES AND PRACTICES FOR RETRIEVAL OF

RECORDS: 

Electronic records contained in the 

case e-filing/case management system 

may be retrieved by any of the data 

items listed under ‘‘Categories of 

Records in the System,’’ including 

docket number, inspection number, any 

part of a representative’s name or the 

case name, and user. Paper records may 

be retrieved manually by docket number 

or case name. 


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Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Notices 51201 

1 15 U.S.C. 78s(b)(1). 

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

POLICIES AND PRACTICES FOR RETENTION AND

DISPOSAL OF RECORDS: 

Under Records Disposition Schedule 

N1–455–90–1, paper case files may be 

destroyed 20 years after a case closes. 

Under Records Disposition Schedule 

N1–455–11–2, electronic records 

pertaining to those paper case files may 

be deleted when no longer needed for 

the conduct of current business. 

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL

SAFEGUARDS: 

Electronic records contained in the efiling/case management system are 

safeguarded as follows. Data going 

across the internet is encrypted using 

SSL encryption. Every system is 

password protected. Tyler Federal, LLC, 

which stores the data in a governmentonly cloud within an Oracle Database, 

operates its own equipment that is 

protected by physical security measures. 

Only authorized employees of Tyler 

Federal, LLC, who have both biometric 

and PIN access to the datacenter cage 

utilized by Tyler Federal, LLC, can 

physically access the sites where data is 

stored. Only authorized and vetted 

employees of Tyler Federal, LLC, have 

access to the servers containing any PII. 

The access of parties and their 

representatives to electronic records in 

the system is limited to active files 

pertaining to cases in which the parties 

are named, or the representatives have 

entered appearances. The access of 

OSHRC employees is limited to 

personnel having a need for access to 

perform their official functions and is 

additionally restricted through 

password identification procedures. 

Paper records are maintained in a 

records room that can only be accessed 

using a smartcard or a key. Some paper 

records are also maintained in file 

cabinets. During duty hours, these 

records are under surveillance of 

personnel charged with their custody, 

and after duty hours, the records are 

secured behind locked doors. Access to 

the cabinets is limited to personnel 

having a need for access to perform their 

official functions. 

RECORD ACCESS PROCEDURES: 

Individuals who wish to gain access 

to their records should notify: Privacy 

Officer, OSHRC, 1120 20th Street NW, 

Ninth Floor, Washington, DC 20036– 

3457. For an explanation on how such 

requests should be drafted, refer to 29 

CFR 2400.4 (procedures for requesting 

notification of and access to personal 

records). 

CONTESTING RECORD PROCEDURES: 

Individuals who wish to contest their 

records should notify: Privacy Officer, 

OSHRC, 1120 20th Street NW, Ninth 

Floor, Washington, DC 20036–3457. For 

an explanation on the specific 

procedures for contesting the content of 

a record, refer to 29 CFR 2400.6 

(procedures for amending personal 

records), and 29 CFR 2400.7 (procedures 

for appealing). 

NOTIFICATION PROCEDURES: 

Individuals interested in inquiring 

about their records should notify: 

Privacy Officer, OSHRC, 1120 20th 

Street NW, Ninth Floor, Washington, DC 

20036–3457. For an explanation on how 

such requests should be drafted, refer to 

29 CFR 2400.4 (procedures for 

requesting notification of and access to 

personal records). 

EXEMPTIONS PROMULGATED FOR THE SYSTEM: 

None. 

HISTORY: 

July 7, 2016, 81 FR 44335; September 

28, 2017, 82 FR 45324; and August 30, 

2018, 83 FR 44309. 

Nadine N. Mancini, 

General Counsel, Senior Agency Official for 

Privacy. 

[FR Doc. 2021–19774 Filed 9–13–21; 8:45 am] 

BILLING CODE 7600–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–92898; File No. SR–NYSE– 

2021–49] 

Self-Regulatory Organizations; New 

York Stock Exchange LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change To Amend its 

Price List 

September 8, 2021. 

Pursuant to Section 19(b)(1) 1 of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’) 2 and Rule 19b–4 thereunder,3

notice is hereby given that, on August 

31, 2021, New York Stock Exchange 

LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed 

with the Securities and Exchange 

Commission (the ‘‘Commission’’) the 

proposed rule change as described in 

Items I, II, and III below, which Items 

have been prepared by the selfregulatory organization. The 

Commission is publishing this notice to 

solicit comments on the proposed rule 

change from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to amend its 

Price List to eliminate the (1) 

underutilized monthly rebate payable to 

Designated Market Makers (‘‘DMM’’) 

with 750 or fewer assigned securities in 

the previous month, and (2) 

underutilized Supplemental Liquidity 

Provider (‘‘SLP’’) Tier 5. The Exchange 

proposes to implement the rule change 

on September 1, 2021. The proposed 

rule change is available on the 

Exchange’s website at www.nyse.com, at 

the principal office of the Exchange, and 

at the Commission’s Public Reference 

Room. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, the 

self-regulatory organization included 

statements concerning the purpose of, 

and basis for, the proposed rule change 

and discussed any comments it received 

on the proposed rule change. The text 

of those statements may be examined at 

the places specified in Item IV below. 

The Exchange has prepared summaries, 

set forth in sections A, B, and C below, 

of the most significant parts of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and the 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange proposes to amend its 

Price List to eliminate the (1) 

underutilized monthly rebate payable to 

Designated Market Makers (‘‘DMM’’) 

with 750 or fewer assigned securities in 

the previous month, and (2) 

underutilized SLP Tier 5. 

The Exchange proposes to implement 

the rule change on September 1, 2021. 

Proposed Rule Change 

The Exchange proposes to eliminate 

an underutilized DMM rebate and an 

underutilized adding tier for SLPs, as 

follows. 

Underutilized DMM Rebate 

Currently, the Exchange offers an 

additional per share credit to DMMs in 

each eligible assigned More Active 

Security with a stock price of at least 

$1.00 on current rebates of $0.0034 or 

less, i.e., adding credits of $0.0015, 

$0.0027, $0.0031, and $0.0034 per 

share. Specifically, DMMs are eligible 

for an incremental rebate $0.0002 per 

share in each eligible assigned More 


tkelley on DSK125TN23PROD with NOTICES