81_FR_12522 81 FR 12476 - Privacy Act of 1974; System of Records

81 FR 12476 - Privacy Act of 1974; System of Records

DEPARTMENT OF COMMERCE
Patent and Trademark Office

Federal Register Volume 81, Issue 46 (March 9, 2016)

Page Range12476-12477
FR Document2016-05256

In accordance with the requirements of the Privacy Act of 1974, as amended, the United States Patent and Trademark Office (``USPTO'' or ``the Agency'') seeks to revise the Prefatory Statement of General Routine Uses (``prefatory statement'') published in the Federal Register on December 31, 1981 (46 FR 63501-63502). This action is being taken to update the language in several existing uses as well as to integrate new uses.

Federal Register, Volume 81 Issue 46 (Wednesday, March 9, 2016)
[Federal Register Volume 81, Number 46 (Wednesday, March 9, 2016)]
[Notices]
[Pages 12476-12477]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05256]


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DEPARTMENT OF COMMERCE

 Patent and Trademark Office


Privacy Act of 1974; System of Records

ACTION: Notice of revised Prefatory Statement of General Routine Uses.

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SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, as amended, the United States Patent and Trademark Office 
(``USPTO'' or ``the Agency'') seeks to revise the Prefatory Statement 
of General Routine Uses (``prefatory statement'') published in the 
Federal Register on December 31, 1981 (46 FR 63501-63502). This action 
is being taken to update the language in several existing uses as well 
as to integrate new uses.

DATES: Written comments on the proposed prefatory statement revisions 
should be sent on or before April 18, 2016. The prefatory statement as 
revised below will become effective as of the above date unless the 
USPTO receives comments that would result in a contrary determination.

ADDRESSES: Written comments may be submitted by any of the following 
methods:
     Email: [email protected]. Include ``USPTO 
Prefatory Statement--Comment'' in the subject line of the message.
     Federal Rulemaking Portal: http://www.regulations.gov.
     Mail: Marcie Lovett, Director, Records Management 
Division, United States Patent and Trademark Office, P.O. Box 1450, 
Alexandria, VA 22313-1450.

SUPPLEMENTARY INFORMATION: The USPTO is giving notice of proposed 
revisions to the Agency's Prefatory Statement of General Routine Uses. 
The revisions update the language in multiple uses to remove outdated 
references and terms, restructure existing uses for clarity and 
brevity, and add routine uses designed to cover new technological uses 
(e.g. disclosures following system data breaches) and relevant uses not 
present in the previous prefatory statement (e.g. disclosures to state 
bar organizations). The following routine uses apply to, and are 
incorporated by reference into, each system of records utilized by the 
United States Patent and Trademark Office that is created or revised 
following the publication of this notice.

Prefatory Statement of General Routine Uses

    A record from the referencing system of records may be disclosed, 
as a routine use, to:
    1. A Federal, state, local, or foreign agency in the event that the 
system of records indicates a violation or potential violation of law, 
whether civil, criminal, or regulatory in nature, and whether arising 
by (1) general statute or particular program statute or contract, (2) 
rule, regulation, or order issued pursuant thereto, or (3) the 
necessity to protect an interest of the Agency. The agency receiving 
the record(s) must be charged with the responsibility of investigating 
or prosecuting such violations or with enforcing or implementing the 
statute, rule, regulation, or order issued pursuant thereto, or 
protecting the interest of the Agency.
    2. A Federal, state or local agency maintaining civil, criminal, or 
other relevant enforcement information or other pertinent information, 
such as current licenses, if necessary to obtain information relevant 
to an Agency decision concerning (1) the assignment, hiring, or 
retention of an individual, (2) the issuance of a security clearance, 
(3) the letting of a contract, or (4) the

[[Page 12477]]

issuance of a license, grant, or other benefit.
    3. A court, magistrate, or administrative tribunal during the 
course of presenting evidence, including disclosures to opposing 
counsel or witnesses in the course of civil discovery, litigation, or 
settlement negotiations.
    4. A Member of Congress or staff acting upon the Member's behalf 
when the Member or staff requests the information on behalf of, and at 
the request of, the individual who is the subject of the record.
    5. The medical advisor of any individual who submits a request for 
access to a record which contains medical information under the Act and 
37 CFR part 102 Subpart B if, in the sole judgment of the Agency, 
disclosure would not have an adverse effect upon the individual, under 
the provision of 5 U.S.C. 552a(f)(3) and implementing regulations at 37 
CFR part 102 Subpart B.
    6. Professional organizations or associations with which 
individuals covered by this system of records may be affiliated, such 
as state bar disciplinary authorities, to meet their responsibilities 
in connection with the administration and maintenance of standards of 
conduct and discipline.
    7. The Office of Management and Budget (OMB), in connection with 
the review of private relief legislation as set forth in OMB Circular 
No. A-19 at any stage of the legislative coordination and clearance 
process.
    8. The Department of Justice (DOJ), in connection with determining 
whether disclosure thereof is required by the Freedom of Information 
Act (5 U.S.C. 552).
    9. Contractors, agents, grantees, experts, consultants, and others 
performing or working on a contract, service, grant, cooperative 
agreement, or other work assignment for the Agency who have need for 
information from the system of records:
    a. In the course of operating or administrating the system of 
records;
    b. In the course of fulfilling an agency function, but only to the 
extent necessary to fulfill that function; or
    c. In order to fulfill their contract(s), but who do not operate 
the system of records within the meaning of 5 U.S.C. 552a(m).
    10. The Office of Personnel Management (OPM), for personnel 
research purposes, as a data source for management information, for the 
production of summary descriptive statistics and analytical studies in 
support of the function for which the records are collected and 
maintained, or for related manpower studies.
    11. The Administrator of the National Archives and Records 
Administration (NARA), or said administrator's designee, during an 
inspection of records conducted by NARA as part of that agency's 
responsibility to recommend improvements in records management 
practices and programs, under authority of 44 U.S.C. 2904 and 2906. 
Such disclosure shall be made in accordance with NARA regulations 
governing inspection of records for this purpose, and any other 
relevant directive. Such disclosure shall not be used to make 
determinations about individuals.
    12. Appropriate agencies, entities, or persons when (1) the Agency 
suspects or has confirmed that the security or confidentiality of the 
information in the system of records has been compromised; (2) the 
Agency has determined that, as a result of the suspected or confirmed 
compromise, there is a risk of harm to economic or property interests, 
identity theft or fraud, or harm to the security or integrity of this 
system or other systems or programs (whether maintained by the Agency 
or another agency or entity) that rely upon the compromised 
information; and (3) such disclosure is reasonably necessary to assist 
in connection with the Agency's efforts to respond to the suspected or 
confirmed compromise and prevent, minimize, or remedy such harm.
    13. Any component of the Department of Justice for the purpose of 
representing the Agency, or any employee of the Agency, in pending or 
potential litigation to which the record is pertinent.

    Dated: March 3, 2016.
Marcie Lovett,
Records Management Division Director, OCIO, United States Patent and 
Trademark Office.
[FR Doc. 2016-05256 Filed 3-8-16; 8:45 am]
 BILLING CODE 3510-16-P



                                             12476                        Federal Register / Vol. 81, No. 46 / Wednesday, March 9, 2016 / Notices

                                             announces two webinars to provide                       available for both the in-person                      ADDRESSES:   Written comments may be
                                             additional information on the                           workshop on March 22, 2016, and the                   submitted by any of the following
                                             Community Connectivity Initiative.                      webinars on March 24, 2016, and April                 methods:
                                             DATES: The Community Connectivity                       12, 2016, at https://www.eventbrite.com/                 • Email: InformationCollection@
                                             Initiative Workshop will be held on                     e/community-connectivity-workshop-                    uspto.gov. Include ‘‘USPTO Prefatory
                                             March 22, 2016, from 8:30 a.m. to 12:00                 tickets-22458391654. NTIA asks                        Statement—Comment’’ in the subject
                                             noon, Pacific Daylight Time. The first                  registrants to provide their first and last           line of the message.
                                             webinar will be held on March 24, 2016,                 names and email addresses for both                       • Federal Rulemaking Portal: http://
                                             from 2:00 p.m. to 3:00 p.m., Eastern                    registration purposes and to receive any              www.regulations.gov.
                                             Daylight Time. The second webinar will                  updates on the Community Connectivity                    • Mail: Marcie Lovett, Director,
                                             be held on April 12, 2016, from 2:00                    Initiative. If capacity for the workshop              Records Management Division, United
                                             p.m. to 3:00 p.m., Eastern Daylight                     is reached, NTIA will maintain a                      States Patent and Trademark Office,
                                             Time.                                                   waiting list and will inform those on the             P.O. Box 1450, Alexandria, VA 22313–
                                             ADDRESSES: The Workshop will be held                    waiting list if space becomes available.              1450.
                                             in the Chief Seattle Conference Room of                 Additional information about these                    SUPPLEMENTARY INFORMATION: The
                                             the Federal Office Building (FOB), 909                  events as well as meeting updates,                    USPTO is giving notice of proposed
                                             1st Avenue, Seattle, WA 98174.                          changes in the agenda, if any, and                    revisions to the Agency’s Prefatory
                                             Individuals are subject to security                     relevant documents will be available on               Statement of General Routine Uses. The
                                             screening in order to enter the building.               NTIA’s Web site at https://                           revisions update the language in
                                             FOR FURTHER INFORMATION CONTACT:
                                                                                                     www.ntia.doc.gov/other-publication/                   multiple uses to remove outdated
                                             Barbara Brown, National                                 2016/nwcommunityinitiativeworkshop.                   references and terms, restructure
                                             Telecommunications and Information                         The workshop and webinars are                      existing uses for clarity and brevity, and
                                             Administration, U.S. Department of                      accessible to people with disabilities.               add routine uses designed to cover new
                                             Commerce, Room 4889, 1401                               Individuals requiring accommodations,                 technological uses (e.g. disclosures
                                             Constitution Avenue NW., Washington,                    such as language interpretation or other              following system data breaches) and
                                             DC 20230; telephone: (202) 280–8260;                    ancillary aids, are asked to notify                   relevant uses not present in the previous
                                             email: bbrown@ntia.doc.gov. Please                      Barbara Brown at the contact                          prefatory statement (e.g. disclosures to
                                             direct media inquiries to NTIA’s Office                 information listed above at least five (5)            state bar organizations). The following
                                             of Public Affairs, (202) 482–7002; email:               business days before the meeting.                     routine uses apply to, and are
                                             press@ntia.doc.gov.                                       Dated: March 4, 2016.                               incorporated by reference into, each
                                             SUPPLEMENTARY INFORMATION: NTIA’s                                                                             system of records utilized by the United
                                                                                                     Kathy D. Smith,
                                             BroadbandUSA program provides                                                                                 States Patent and Trademark Office that
                                                                                                     Chief Counsel, National Telecommunications            is created or revised following the
                                             expert advice and field-proven tools for                and Information Administration.
                                             assessing broadband adoption, planning                                                                        publication of this notice.
                                                                                                     [FR Doc. 2016–05261 Filed 3–8–16; 8:45 am]
                                             new infrastructure and engaging a wide                                                                        Prefatory Statement of General Routine
                                                                                                     BILLING CODE 3510–60–P
                                             range of partners in broadband projects.                                                                      Uses
                                             BroadbandUSA convenes workshops on
                                             a regular basis to bring stakeholders                                                                           A record from the referencing system
                                                                                                     DEPARTMENT OF COMMERCE                                of records may be disclosed, as a routine
                                             together to discuss ways to improve
                                             broadband policies, share best practices,                                                                     use, to:
                                                                                                     Patent and Trademark Office
                                             and connect communities to other                                                                                1. A Federal, state, local, or foreign
                                             federal agencies and funding sources for                Privacy Act of 1974; System of                        agency in the event that the system of
                                             the purpose of expanding broadband                      Records                                               records indicates a violation or potential
                                             infrastructure and adoption throughout                                                                        violation of law, whether civil, criminal,
                                             America’s communities.                                  ACTION:Notice of revised Prefatory                    or regulatory in nature, and whether
                                                The Community Connectivity                           Statement of General Routine Uses.                    arising by (1) general statute or
                                             Initiative is a recommendation of the                                                                         particular program statute or contract,
                                             Broadband Opportunity Council, an                                                                             (2) rule, regulation, or order issued
                                                                                                     SUMMARY:   In accordance with the
                                             inter-agency working group established                                                                        pursuant thereto, or (3) the necessity to
                                                                                                     requirements of the Privacy Act of 1974,
                                             by the White House in 2015 ‘‘to use all                                                                       protect an interest of the Agency. The
                                                                                                     as amended, the United States Patent
                                             available and appropriate authorities to:                                                                     agency receiving the record(s) must be
                                                                                                     and Trademark Office (‘‘USPTO’’ or
                                             Identify and address regulatory barriers                                                                      charged with the responsibility of
                                                                                                     ‘‘the Agency’’) seeks to revise the
                                             that may unduly impede either wired                                                                           investigating or prosecuting such
                                                                                                     Prefatory Statement of General Routine
                                             broadband deployment or the                                                                                   violations or with enforcing or
                                                                                                     Uses (‘‘prefatory statement’’) published
                                             infrastructure to augment wireless                                                                            implementing the statute, rule,
                                                                                                     in the Federal Register on December 31,
                                             broadband deployment; encourage                                                                               regulation, or order issued pursuant
                                                                                                     1981 (46 FR 63501–63502). This action
                                             further public and private investment in                                                                      thereto, or protecting the interest of the
                                                                                                     is being taken to update the language in
                                             broadband networks and services;                                                                              Agency.
                                                                                                     several existing uses as well as to
                                             promote the adoption and meaningful                                                                             2. A Federal, state or local agency
                                                                                                     integrate new uses.
                                             use of broadband technology; and                                                                              maintaining civil, criminal, or other
                                             otherwise encourage or support                          DATES: Written comments on the                        relevant enforcement information or
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                                             broadband deployment, competition,                      proposed prefatory statement revisions                other pertinent information, such as
                                             and adoption in ways that promote the                   should be sent on or before April 18,                 current licenses, if necessary to obtain
                                             public interest.’’                                      2016. The prefatory statement as revised              information relevant to an Agency
                                                The workshop and webinars will be                    below will become effective as of the                 decision concerning (1) the assignment,
                                             open to the public and press. Space is                  above date unless the USPTO receives                  hiring, or retention of an individual, (2)
                                             limited and available on a first-come,                  comments that would result in a                       the issuance of a security clearance, (3)
                                             first-serve basis. Online registration is               contrary determination.                               the letting of a contract, or (4) the


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                                                                          Federal Register / Vol. 81, No. 46 / Wednesday, March 9, 2016 / Notices                                               12477

                                             issuance of a license, grant, or other                  records are collected and maintained, or              of the Council. Notice of the meeting is
                                             benefit.                                                for related manpower studies.                         permitted by Section 9 of the CUAC
                                                3. A court, magistrate, or                              11. The Administrator of the National              Charter and is intended to notify the
                                             administrative tribunal during the                      Archives and Records Administration                   public of this meeting. Specifically,
                                             course of presenting evidence, including                (NARA), or said administrator’s                       Section 9(d) of the CUAC Charter states:
                                             disclosures to opposing counsel or                      designee, during an inspection of                        (1) Each meeting of the Council shall be
                                             witnesses in the course of civil                        records conducted by NARA as part of                  open to public observation, to the extent that
                                             discovery, litigation, or settlement                    that agency’s responsibility to                       a facility is available to accommodate the
                                             negotiations.                                           recommend improvements in records                     public, unless the Bureau, in accordance
                                                4. A Member of Congress or staff                     management practices and programs,                    with paragraph (4) of this section, determines
                                             acting upon the Member’s behalf when                    under authority of 44 U.S.C. 2904 and                 that the meeting shall be closed. The Bureau
                                             the Member or staff requests the                        2906. Such disclosure shall be made in                also will make reasonable efforts to make the
                                                                                                     accordance with NARA regulations                      meetings available to the public through live
                                             information on behalf of, and at the
                                                                                                     governing inspection of records for this              recording. (2) Notice of the time, place and
                                             request of, the individual who is the                                                                         purpose of each meeting, as well as a
                                             subject of the record.                                  purpose, and any other relevant
                                                                                                                                                           summary of the proposed agenda, shall be
                                                5. The medical advisor of any                        directive. Such disclosure shall not be               published in the Federal Register not more
                                             individual who submits a request for                    used to make determinations about                     than 45 or less than 15 days prior to the
                                             access to a record which contains                       individuals.                                          scheduled meeting date. Shorter notice may
                                             medical information under the Act and                      12. Appropriate agencies, entities, or             be given when the Bureau determines that
                                             37 CFR part 102 Subpart B if, in the sole               persons when (1) the Agency suspects                  the Council’s business so requires; in such
                                             judgment of the Agency, disclosure                      or has confirmed that the security or                 event, the public will be given notice at the
                                                                                                     confidentiality of the information in the             earliest practicable time. (3) Minutes of
                                             would not have an adverse effect upon                                                                         meetings, records, reports, studies, and
                                             the individual, under the provision of 5                system of records has been
                                                                                                     compromised; (2) the Agency has                       agenda of the Council shall be posted on the
                                             U.S.C. 552a(f)(3) and implementing                                                                            Bureau’s Web site
                                             regulations at 37 CFR part 102 Subpart                  determined that, as a result of the
                                                                                                                                                           (www.consumerfinance.gov). (4) The Bureau
                                             B.                                                      suspected or confirmed compromise,                    may close to the public a portion of any
                                                6. Professional organizations or                     there is a risk of harm to economic or                meeting, for confidential discussion. If the
                                             associations with which individuals                     property interests, identity theft or                 Bureau closes a meeting or any portion of a
                                             covered by this system of records may                   fraud, or harm to the security or                     meeting, the Bureau will issue, at least
                                             be affiliated, such as state bar                        integrity of this system or other systems             annually, a summary of the Council’s
                                                                                                     or programs (whether maintained by the                activities during such closed meetings or
                                             disciplinary authorities, to meet their                                                                       portions of meetings.
                                             responsibilities in connection with the                 Agency or another agency or entity) that
                                             administration and maintenance of                       rely upon the compromised                             DATES: The meeting date is Thursday,
                                             standards of conduct and discipline.                    information; and (3) such disclosure is               March 24, 2016, 3 p.m. to 4:30 p.m.
                                                7. The Office of Management and                      reasonably necessary to assist in                     eastern daylight time.
                                             Budget (OMB), in connection with the                    connection with the Agency’s efforts to               ADDRESSES: The meeting location is the
                                             review of private relief legislation as set             respond to the suspected or confirmed                 Consumer Financial Protection Bureau,
                                             forth in OMB Circular No. A–19 at any                   compromise and prevent, minimize, or                  1275 First Street NE., Washington, DC
                                             stage of the legislative coordination and               remedy such harm.                                     20002.
                                             clearance process.                                         13. Any component of the Department
                                                                                                                                                           FOR FURTHER INFORMATION CONTACT:
                                                                                                     of Justice for the purpose of representing
                                                8. The Department of Justice (DOJ), in                                                                     Crystal Dully, Outreach and Engagement
                                                                                                     the Agency, or any employee of the
                                             connection with determining whether                                                                           Associate, 202–435–9588, CFPB_
                                                                                                     Agency, in pending or potential
                                             disclosure thereof is required by the                                                                         CABandCouncilsEvents@cfpb.gov,
                                                                                                     litigation to which the record is
                                             Freedom of Information Act (5 U.S.C.                                                                          Consumer Advisory Board and Councils
                                                                                                     pertinent.
                                             552).                                                                                                         Office, External Affairs, 1275 First Street
                                                9. Contractors, agents, grantees,                      Dated: March 3, 2016.                               NE., Washington, DC 20002.
                                             experts, consultants, and others                        Marcie Lovett,                                        SUPPLEMENTARY INFORMATION:
                                             performing or working on a contract,                    Records Management Division Director,
                                             service, grant, cooperative agreement, or               OCIO, United States Patent and Trademark              I. Background
                                             other work assignment for the Agency                    Office.                                                  Section 2 of the CUAC Charter
                                             who have need for information from the                  [FR Doc. 2016–05256 Filed 3–8–16; 8:45 am]            provides: ‘‘Pursuant to the executive
                                             system of records:                                      BILLING CODE 3510–16–P                                and administrative powers conferred on
                                                a. In the course of operating or                                                                           the Consumer Financial Protection
                                             administrating the system of records;                                                                         Bureau (CFPB or Bureau) by Section
                                                b. In the course of fulfilling an agency             BUREAU OF CONSUMER FINANCIAL                          1012 of the Dodd-Frank Wall Street
                                             function, but only to the extent                        PROTECTION                                            Reform and Consumer Protection Act
                                             necessary to fulfill that function; or                                                                        (Dodd-Frank Act), the Director
                                                c. In order to fulfill their contract(s),            Credit Union Advisory Council Meeting                 established the Credit Union Advisory
                                             but who do not operate the system of                    AGENCY:  Bureau of Consumer Financial                 Council to consult with the Bureau in
                                             records within the meaning of 5 U.S.C.                  Protection.                                           the exercise of its functions under the
                                             552a(m).                                                ACTION: Notice of public meeting.                     federal consumer financial laws as they
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                                                10. The Office of Personnel                                                                                pertain to credit unions with total assets
                                             Management (OPM), for personnel                         SUMMARY:   This notice sets forth the                 of $10 billion or less.’’
                                             research purposes, as a data source for                 announcement of a public meeting of                      Section 3 of the CUAC Charter states:
                                             management information, for the                         the Credit Union Advisory Council                     ‘‘(a) The CFPB supervises depository
                                             production of summary descriptive                       (CUAC or Council) of the Consumer                     institutions and credit unions with total
                                             statistics and analytical studies in                    Financial Protection Bureau (Bureau).                 assets of more than $10 billion and their
                                             support of the function for which the                   The notice also describes the functions               respective affiliates, but other than the


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Document Created: 2016-03-09 00:13:10
Document Modified: 2016-03-09 00:13:10
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of revised Prefatory Statement of General Routine Uses.
DatesWritten comments on the proposed prefatory statement revisions should be sent on or before April 18, 2016. The prefatory statement as revised below will become effective as of the above date unless the USPTO receives comments that would result in a contrary determination.
FR Citation81 FR 12476 

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