[Federal Register Volume 66, Number 115 (Thursday, June 14, 2001)]
[Rules and Regulations]
[Pages 32221-32222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14877]


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PENSION BENEFIT GUARANTY CORPORATION

29 CFR Part 4902


Disclosure and Amendment of Records Pertaining to Individuals 
Under the Privacy Act

AGENCY: Pension Benefit Guaranty Corporation.

ACTION: Final rule.

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SUMMARY: The Pension Benefit Guaranty Corporation is amending its 
regulations implementing the Privacy Act of 1974, as amended, to exempt 
certain records maintained in a system of records entitled ``PBGC-12, 
Personnel Security Investigation Records--PBGC,'' from the access, 
contest, and certain other provisions of the Privacy Act. The amendment 
protects the identity of a source who furnishes information in 
confidence to the PBGC for a background investigation on an individual 
who works, or who is being considered for work, for the PBGC as a 
contractor or as an employee of a contractor.

EFFECTIVE DATE: July 16, 2001.

FOR FURTHER INFORMATION CONTACT: D. Bruce Campbell, Attorney, Office of 
the General Counsel, Suite 340, Pension Benefit Guaranty Corporation, 
1200 K Street, NW., Washington, DC 20005-4026; 202-326-4020 (extension 
3672). (For TTY/TDD users, call the federal relay service toll-free at 
1-800-877-8339 and ask to be connected to 202-326-4020 (extension 
3672).)

SUPPLEMENTARY INFORMATION: The PBGC conducts background investigations 
and reinvestigations to establish that applicants for employment and 
employees are reliable, trustworthy, of good conduct and character, and 
loyal to the United States. The PBGC maintains records about these 
investigations in a system of records subject to the Privacy Act of 
1974, as amended (5 U.S.C. 552a) (``Privacy Act''), entitled ``PBGC-12, 
Personnel Security Investigation Records--PBGC''. The PBGC's 
regulations implementing the Privacy Act exempt under 5 U.S.C. 
552a(k)(5) certain records maintained in PBGC-12 from the access, 
contest, and certain other provisions of the Privacy Act (29 CFR 
4902.9).
    The PBGC is expanding its use of background investigations and 
reinvestigations to cover individuals who work, or who are being 
considered for work, for the PBGC as contractors or as employees of 
contractors. To reflect the change, on April 2, 2001 (66 FR 17586), the 
PBGC proposed to alter PBGC-12 by revising it to include records 
pertaining to individuals who work, or who are being considered for 
work, for the PBGC as contractors or as employees of contractors. The 
PBGC received no comments on the proposed changes and they became 
effective May 17, 2001.
    Also on April 2, 2001 (66 FR 17518), the PBGC published a proposed 
rule to amend Sec. 4902.9 by exempting certain records pertaining to 
individuals who work, or who are being considered for work, for the 
PBGC as contractors or as employees of contractors from the access, 
contest, and certain other provisions of the Privacy Act. The PBGC 
received no comments on the proposed rule and this final rule amends 
the regulation as proposed. The amendment protects the identity of a 
source who furnishes information to PBGC in confidence for a background 
investigation of such an individual.

Compliance With Rulemaking Guidelines

    The PBGC has determined that this action is not a ``significant 
regulatory action'' under the criteria set forth in Executive Order 
12866.
    The PBGC certifies under section 605(b) of the Regulatory 
Flexibility Act that the final rule will not have a significant 
economic impact on a substantial number of small entities. The rule 
only affects the maintenance and disclosure of information about 
individuals by the PBGC under the Privacy Act and therefore would 
ordinarily be expected to have no economic impact on entities of any 
size. Accordingly, sections 603 and 604 of the Regulatory Flexibility 
Act do not apply.

List of Subjects in 29 CFR Part 4902

    Privacy.

    For the reasons set forth above, the PBGC is amending 29 CFR part 
4902 as follows:

[[Page 32222]]

PART 4902--DISCLOSURE AND AMENDMENT OF RECORDS PERTAINING TO 
INDIVIDUALS UNDER THE PRIVACY ACT

    1. The authority citation for Part 4902 continues to read as 
follows:

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


Sec. 4902.9  [Amended]

    2. Paragraph (b) of Sec. 4902.9 is amended by removing the words 
``for PBGC employment,'' and adding in their place the words ``for PBGC 
employment or for work for the PBGC as a contractor or as an employee 
of a contractor,''.

    Issued in Washington, DC, this 7th day of June, 2001.
John Seal,
Acting Executive Director, Pension Benefit Guaranty Corporation.
[FR Doc. 01-14877 Filed 6-13-01; 8:45 am]
BILLING CODE 7708-01-P