Disclosure and Amendment of Records Under the Privacy Act

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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