[Federal Register Volume 60, Number 250 (Friday, December 29, 1995)]
[Rules and Regulations]
[Pages 67327-67328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31526]



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PENSION BENEFIT GUARANTY CORPORATION

29 CFR Part 2607

RIN 1212-63


Disclosure and Amendment of Records 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. This rule 
amends part 2607 to describe more accurately the exemption applicable 
to certain records maintained by the PBGC in view of changes to PBGC's 
Privacy Act systems of records and to increase the PBGC's standard 
copying fee.

EFFECTIVE DATE: January 29, 1996.

FOR FURTHER INFORMATION CONTACT: D. Bruce Campbell, Attorney, Office of 
the General Counsel, Pension Benefit Guaranty Corporation, 1200 K 
Street, NW., Washington, DC 20005-4026, 202-326-4123 (202-326-4179 for 
TTY and TDD). (These are not toll-free numbers.)

SUPPLEMENTARY INFORMATION: On November 15, 1995, the PBGC published in 
the Federal Register (60 FR 57372) a proposed rule amending part 2607 
of it regulations implementing the Privacy Act of 1974, as amended 
(``Privacy Act'') (5 U.S.C. 552a). The PBGC received no comments during 
the comment period and this final rule amends the regulations as 
proposed.
    The final rule increases the fee the PBGC charges for record copies 
furnished to individuals, from $0.10 to $0.15 per page, the same fee as 
the PBGC charges for copies furnished to individuals under the Freedom 
of Information Act. The amendment increases from $1.00 to $1.50 the 
threshold amount under which the agency does not assess a fee.
    Because the PBGC is dividing an existing Privacy Act system of 
records into two systems of records, PBGC-5 (retitled Personnel Files--
PBGC) and PBGC-12 (Personnel Security Investigation Records--PBGC), the 
final rule moves the exemption from certain provisions of the Privacy 
Act to PBGC-12.

E.O. 12866 and the Regulatory Flexibility Act

    The PBGC has determined that this action is not a ``significant 
regulatory action'' under the criteria set forth in Executive Order 
12866.
    Based on fees assessed in the past, the PBGC estimates that the 
copying fee 

[[Page 67328]]
increase under the final rule will raise the total amount of fees 
assessed annually by less than $1,000. In view of the small increase in 
anticipated costs, the PBGC certifies that the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.), does not apply because the rule will not 
have a significant economic impact on a substantial number of small 
entities.

List of Subjects in 29 CFR Part 2607

    Privacy.

    For the reasons set forth above, the PBGC is amending 29 CFR Part 
2607 as follows:

PART 2607--DISCLOSURE AND AMENDMENT OF RECORDS UNDER THE PRIVACY 
ACT

    1. The authority citation for Part 2607 continues to read as 
follows:

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

    2. Paragraph (a) of Sec. 2607.1 is amended by removing ``which'' 
and adding, in its place, ``that'' and by adding ``or her'' after 
``his'' in the first sentence.
    3. In Sec. 2607.2, is amended by adding ``or her'' after ``his'' 
both times it appears.
    4. Sections 2607.3 (a) and (c), 2607.4 (a) and (c), 2607.5(a), 
2607.6(c), 2607.7 (b) and (c), and 2607.8 (b) and (c) and the 
introductory text of Sec. 2607.9 are amended by adding ``or her'' after 
``his'' and after ``him'' each time either ``his'' or ``him'' appears.
    5. The second sentence of Sec. 2607.3(b), the second sentence of 
Sec. 2607.4(b), and the third sentence of Sec. 2607.6(b) are amended by 
removing ``he'' and adding, in its place, ``the disclosure officer''.
    6. Paragraph (d) of Sec. 2607.4 is amended by adding ``or she'' 
after ``he''.
    7. Paragraph (b) of Sec. 2607.5 is amended by removing ``his 
choosing'' and adding, in its place, ``his or her choosing''; by 
removing ``he shall'' and adding, in its place, ``the requestor 
shall''; by removing ``he wishes'' and adding, in its place, ``he or 
she wishes''; by removing ``accompany him'' and adding, in its place 
``accompany him or her''; by removing ``his record'' and adding, in its 
place, ``the record''; and by removing ``to him'' and adding, in its 
place, ``to him or her''.
    8. Paragraph (d) of Sec. 2607.8 is amended by removing ``If an 
individual requests'' and adding, in its place, ``To request''; by 
removing ``review, he'' and adding, in its place, ``review, an 
individual''; and by removing ``Counsel and he'' and adding, in its 
place, ``Counsel, who''.
    9. Paragraph (a) of Sec. 2607.9 is amended by removing ``$0.10'' 
and adding, in its place, ``$0.15'' in the first sentence and by 
removing ``$1.00'' and adding, in its place, ``$1.50'' in the second 
sentence.
    10. In Sec. 2607.10, the first paragraph is amended by adding 
``Security Investigation'' after ``Personnel'' and by removing ``that 
the identity of the source would be held in confidence'' both times it 
appears and adding, in its place, ``of confidentiality''; and the 
second paragraph is amended by removing ``for employment'' and adding, 
in its place, ``and fitness for PBGC employment, access to information, 
and security clearances'' and by adding ``the'' before ``PBGC''.

    Issued in Washington, DC this 26th day of December 1995.
Martin Slate,
Executive Director, Pension Benefit Guaranty Corporation.
[FR Doc. 95-31526 Filed 12-28-95; 8:45 am]
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