Federal Register / Vol. 87, No. 113 / Monday, June 13, 2022 / Notices 35803 

1 In response to comments, entitled ‘‘Public 

Comment on SORN for Informed Delivery FR Doc. 

2022–05654,’’ submitted by the United States Postal 

Service Office of Inspector General. 

2 In response to comments, entitled ‘‘Public 

Comment on SORN for Informed Delivery FR Doc. 

2022–05654,’’ submitted by the United States Postal 

Service Office of Inspector General. 

3 In response to comments, entitled ‘‘Public 

Comment on SORN for Informed Delivery FR Doc. 

Continued 

December 27, 2018, 83 FR 66768; 

August 25, 2016, 81 FR 58542. 

* * * * * 

Joshua J. Hofer, 

Attorney, Ethics & Legal Compliance. 

[FR Doc. 2022–12607 Filed 6–10–22; 8:45 am] 

BILLING CODE P 

POSTAL SERVICE 

Privacy Act of 1974; System of 

Records 

AGENCY: Postal Service®. 

ACTION: Notice of a modified system of 

records; response to comments. 

SUMMARY: The United States Postal 

Service® (USPS) is responding to public 

comments regarding revisions to a 

Customer Privacy Act Systems of 

Records (SOR). These revisions were 

made to support the migration of emails 

to a cloud-based platform. The response 

to the comments made herein warrant 

revision to the original system of 

records; as such, a new revision to USPS 

820.300 Informed Delivery will be 

submitted adhering to the standard 

revision process to affect these changes. 

DATES: The revisions to USPS 820.300, 

Informed Delivery, Document Citation 

87 FR 15275, were originally scheduled 

to be effective on April 18, 2022, 

without further notice. After review and 

evaluation of comments received, the 

Postal Service has found that 

substantive changes to the system of 

records are required; however, these 

changes and only these changes will be 

reflected through publication of a new 

notice for changes to this system of 

records. The effective date for the 

implementation of the proposed 

revisions herein should proceed as 

scheduled, with revisions to the new 

publication subject to the dates 

appearing within that notice. 

FOR FURTHER INFORMATION CONTACT: 

Janine Castorina, Chief Privacy and 

Records Management Officer, Privacy 

and Records Management Office, 202– 

268–3069 or privacy@usps.gov. 

SUPPLEMENTARY INFORMATION:

1. Comment 1: 1 The Informed 

Delivery Service should have a retention 

period of seven (7) days versus fourteen 

(14) days. 

Answer: The Postal Service’s retention 

period of seven (7) days for the 

Informed Delivery Service was set with 

the publication of the original system of 

record, finalized December 9, 2016. See 

81 FR 89157. No changes were made to 

this retention period in the current 

system of records update at issue. 

However, the Informed Delivery 

Program Office agrees to extend the 

retention period for mail piece images to 

fourteen (14) days when the application 

is migrated to a cloud-based 

infrastructure. In the interest of 

transparency, the Postal Service will 

submit an additional system of records 

notice to reflect this change. This new 

notice will supplement the existing 

submission for USPS 820.300 Informed 

Delivery by creating a new retention 

period specifically for mail images 

captured and stored within the cloudbased platform. However, no other 

provisions of this system of records will 

be affected and should be considered 

implemented as of the date listed above. 

2. Comment 2: 2 Recommending 

changes to Purpose 9 and the creation 

of two new purposes that are directly 

related to the United States Inspection 

Service and the United States Office of 

Inspector General. 

Answer: The Office of Inspector 

General requests that Purpose 9 be 

edited to include the word mail theft. 

Additionally, it is requested that 

Purposes 16 and 17 be created 

specifically for the Inspection Service 

and the Office of Inspector General so 

that both entities may use the records 

for respective investigations. 

The Privacy Act requires that an 

agency only maintain records that are 

‘‘relevant and necessary to accomplish a 

purpose of the agency.’’ See 5 U.S.C. 

552a(e)(1). Individuals are notified of 

the purposes for which the information 

is collected and used. See 5 U.S.C. 

552a(e)(3) and (4). The purposes for the 

system and the use of the information 

gathered by the Informed Delivery 

System is to support electronic 

notification of mail delivery and other 

mail delivery purposes. No information 

in this system can go so far as to show 

mail theft. The Informed Delivery 

Service provides the consumer with 

images of mail that would be delivered 

that day. If the mail is not delivered, the 

customer can check a box in the 

Informed Delivery dashboard and note 

to USPS that a particular piece has not 

been received. At best that provides 

evidence of missing or delayed mail. 

Showing and identifying mail theft 

would be a much later determination, 

with more information, most of which 

would not be within the Informed 

Delivery system. We understand that the 

Office of Inspector General would like 

to use the information for that purpose. 

However, purposes one and two, that 

cover mail that customers should have 

received and associated reports of mail 

not received, suit that purpose. The 

Office of Inspector General may use the 

missing or delayed mail information to 

compile it with other information to 

determine if theft is an issue. 

When requesting that additional 

purposes should be articulated for this 

system of records to allow Office of 

Inspector General and Inspection 

Service investigations, the Office of 

Inspector General misunderstands the 

Privacy Act’s disclosure intent. The 

purpose of the Informed Delivery 

Service is not to allow investigations. 

What the Office of Inspector General 

seeks is, instead, to enable certain 

disclosures of the information within 

the system of records. Authorized 

disclosures are not found within the 

purposes for gathering or using the 

information. Instead, authorized 

disclosures are found in section b of the 

Privacy Act. 5 U.S.C. 552a(b) Conditions 

of Disclosure. The Privacy Act provides 

that ‘‘those officers and employees of 

the agency which maintains the record 

who have a need for the record in the 

performance of their duties’’ may have 

access. Id. In some instance, this 

provision may provide Inspection 

Service employees with access to 

records. In addition, other authorized 

disclosures already exist for this SOR 

that cover disclosure to the Office of 

Inspector General and/or the Inspection 

Service. The next applicable authorized 

disclosure of the Privacy Act allows for 

disclosures pursuant to routine uses. 

The Postal Service has a routine use to 

provide records for a law enforcement 

purpose. See AS–353, Guide to Privacy, 

the Freedom of Information Act, and 

Records Management, Appendix D.2.2. 

This disclosure includes customer 

systems because the Inspector General 

Act of 1978, as amended, requires 

certain disclosures. Another authorized 

disclosure of criminal or civil law 

enforcement activity exists within the 

Privacy Act. See 5 U.S.C. 552a(b)(7). 

Following a written request, certain 

information can be disclosed for law 

enforcement purposes. Because 

authorized disclosures apply to provide 

the information, new purposes are not 

necessary or appropriate in this 

instance. 

3. Comment 3: 3 The Office of 

Inspector General asks a question 


khammond on DSKJM1Z7X2PROD with NOTICES
35804 Federal Register / Vol. 87, No. 113 / Monday, June 13, 2022 / Notices 

2022–05654,’’ submitted by the United States Postal 

Service Office of Inspector General. 

4 In response to comments, entitled ‘‘Public 

Comment on SORN for Informed Delivery FR Doc. 

2022–05654,’’ submitted by the United States Postal 

Service Office of Inspector General. 

regarding whether third party disclosure 

of information is permitted in order to 

pursue an investigation. Additionally, 

in this comment the Office of Inspector 

General requests a routine use allowing 

third party disclosure of information 

pursuant to an investigation. 

Answer: The question posed by the 

Office of Inspector General is whether 

the disclosure of some information from 

this SOR to the Office of Inspector 

General authorizes them to ‘‘share 

Informed Delivery information with 

third parties to investigate the 

customer’s complaint.’’ Unfortunately, 

this request is for a generalized legal 

opinion, absent the factual support of a 

scenario. Such an opinion cannot be 

provided. 

As discussed in response to comment 

number 2, three authorized disclosures 

already exist that allow information to 

be shared for law enforcement purposes. 

However, merely being authorized to 

provide the data to the Office of 

Inspector General does not end the 

inquiry. An independent inquiry must 

be made of whether this particular third 

party has a need to know the 

information. Determining the need to 

know of a particular party is a fact 

specific determination. As a result, the 

need to know for a particular class of 

individuals, absent knowledge of the 

particular factual circumstances, cannot 

be answered in the abstract. 

The request for a generalized routine 

use to further disclose information 

disclosed from a system of record 

pursuant to a different routine use, to a 

generalized class of individuals is 

equally untenable. It is not possible to 

ensure that the entire class is 

appropriate for disclosure. As a result, 

the class does not comport with the 

strictures required by the Privacy Act 

and cannot be entertained. 

4. Comment 4: 4 The Office of 

Inspector General asks two questions to 

ascertain whether mailpiece images are 

personally identifiable information as 

defined in the Privacy Act. 

Answer: To fully respond to this 

question, it is necessary to discuss the 

exact nature of a record that would be 

subject to the Privacy Act. A record is 

subject to the Privacy Act if it is a 

‘‘record which is contained in a system 

of records.’’ 5 U.S.C. 552a(b). 

A record is an ‘‘item, collection, or 

grouping of information about an 

individual that is maintained by an 

agency, including, but not limited to, 

his education, financial transactions, 

medical history and that contains his 

name, or the identifying number, 

symbol, or other identifying particular 

assigned to the individual, such as a 

finger or voice print or a photograph.’’ 

5 U.S.C. 552a(a)(4). 

A system of records is ‘‘a group of any 

records under the control of any agency 

from which information is retrieved by 

the name of the individual or by some 

identifying number, symbol, or other 

identifying particular assigned to the 

individual.’’ 5 U.S.C. 552a(a)(5) 

(emphasis added). 

Therefore, to be subject to the Privacy 

Act, data must be a record and stored in 

a system of record. 

Looking at mailpieces, the answer is 

two-fold. When mailpiece images are 

within the Informed Delivery System, 

those mailpiece images are records 

stored in a system of records. Mailpiece 

images are provided to the individual, 

with a Customer Registration and 

Informed Delivery account, who will be 

receiving the physical mailpiece. The 

mailpiece images are directly related to 

the delivery point associated to the 

accounts. Delivery points associated 

with accounts are retried by personal 

identifier and they are subject to the 

Privacy Act. 

When the mailpiece images are not 

within the Informed Delivery Service, 

they are stored in bulk with the mailprocessing equipment. Those images are 

not stored or retrieved by personal 

identifier. It is not until they are 

associated with the Informed Delivery 

Service that they become retrievable by 

personal identifier. As a result, when 

the mailpiece images are in bulk storage, 

they are not records subject to the 

Privacy Act. 

Joshua J. Hofer, 

Attorney, Ethics & Legal Compliance. 

[FR Doc. 2022–12605 Filed 6–10–22; 8:45 am] 

BILLING CODE P 

RAILROAD RETIREMENT BOARD 

Agency Forms Submitted for OMB 

Review, Request for Comments 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

Chapter 35), the Railroad Retirement 

Board (RRB) is forwarding an 

Information Collection Request (ICR) to 

the Office of Information and Regulatory 

Affairs (OIRA), Office of Management 

and Budget (OMB). Our ICR describes 

the information we seek to collect from 

the public. Review and approval by 

OIRA ensures that we impose 

appropriate paperwork burdens. 

The RRB invites comments on the 

proposed collections of information to 

determine (1) the practical utility of the 

collections; (2) the accuracy of the 

estimated burden of the collections; (3) 

ways to enhance the quality, utility, and 

clarity of the information that is the 

subject of collection; and (4) ways to 

minimize the burden of collections on 

respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

Comments to the RRB or OIRA must 

contain the OMB control number of the 

ICR. For proper consideration of your 

comments, it is best if the RRB and 

OIRA receive them within 30 days of 

the publication date. 

1. Title and purpose of information 

collection: Employee Representative’s 

Status and Compensation Reports; OMB 

3220–0014. 

Under Section 1(b)(1) of the Railroad 

Retirement Act (RRA) (45 U.S.C. 231b), 

the term ‘‘employee’’ includes an 

individual who is an employee 

representative. As defined in Section 

1(c) of the RRA, an employee 

representative is an officer or official 

representative of a railway labor 

organization other than a labor 

organization included in the term 

‘‘employer,’’ as defined in the RRA, who 

before or after August 29, 1935, was in 

the service of an employer under the 

RRA and who is duly authorized and 

designated to represent employees in 

accordance with the Railway Labor Act, 

or, any individual who is regularly 

assigned to or regularly employed by 

such officer or official representative in 

connection with the duties of his or her 

office. The requirements relating to the 

application for employee representative 

status and the periodic reporting of the 

compensation resulting from such status 

is contained in 20 CFR 209.10. 

The RRB utilizes Form DC–2, 

Employee Representative’s Report of 

Compensation, to obtain the 

information needed to determine 

employee representative status and to 

maintain a record of creditable service 

and compensation resulting from such 

status. Completion is required to obtain 

or retain a benefit. One response is 

requested of each respondent. 

Previous Requests for Comments: The 

RRB has already published the initial 

60-day notice (87 FR 19538 on April 4, 

2022) required by 44 U.S.C. 3506(c)(2). 

That request elicited no comments. 

Information Collection Request (ICR) 

Title: Employee Representative’s 

Status and Compensation Reports. 

OMB Control Number: 3220–0014. 

Form(s) submitted: DC–2. 


khammond on DSKJM1Z7X2PROD with NOTICES