81_FR_33646 81 FR 33544 - Privacy Act of 1974; as Amended; Notice To Amend an Existing System of Records

81 FR 33544 - Privacy Act of 1974; as Amended; Notice To Amend an Existing System of Records

DEPARTMENT OF THE INTERIOR
Office of the Secretary

Federal Register Volume 81, Issue 102 (May 26, 2016)

Page Range33544-33547
FR Document2016-12541

The Department of the Interior is issuing public notice of its intent to amend ``Electronic FOIA Tracking System and FOIA Case Files-- Interior, DOI-71'' to update existing routine uses; add six new routine uses; and update the authority, system location, system manager, categories of records, storage, retrievability, safeguards, retention and disposal, notification procedures, record access procedures, contesting record procedures, record source categories, and exemptions sections.

Federal Register, Volume 81 Issue 102 (Thursday, May 26, 2016)
[Federal Register Volume 81, Number 102 (Thursday, May 26, 2016)]
[Notices]
[Pages 33544-33547]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12541]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary

[16XD4523WS DS10200000 DWSN00000.000000 WBS DP10202 1020WSW02]


Privacy Act of 1974; as Amended; Notice To Amend an Existing 
System of Records

AGENCY: Office of the Secretary, Interior.

ACTION: Notice of amendment to an existing system of records.

-----------------------------------------------------------------------

SUMMARY: The Department of the Interior is issuing public notice of its 
intent to amend ``Electronic FOIA Tracking System and FOIA Case Files--
Interior, DOI-71'' to update existing routine uses; add six new routine 
uses; and update the authority, system location, system manager, 
categories of records, storage, retrievability, safeguards, retention 
and disposal, notification procedures, record access procedures, 
contesting record procedures, record source categories, and exemptions 
sections.

DATES: Comments must be received by June 27, 2016. This amended system 
will be effective June 27, 2016.

ADDRESSES: Any person interested in commenting on this amendment may do 
so by: Submitting comments in writing to Teri Barnett, Departmental 
Privacy Officer, U.S. Department of the Interior, 1849 C Street NW., 
Mail Stop 5545 MIB, Washington, DC 20240; hand-delivering comments to 
Teri Barnett, Departmental Privacy Officer, U.S. Department of the 
Interior, 1849 C Street NW., Mail Stop 5545 MIB, Washington, DC 20240; 
or emailing comments to Privacy@ios.doi.gov.

[[Page 33545]]


FOR FURTHER INFORMATION CONTACT: Departmental FOIA Officer, Office of 
the Executive Secretariat, Department of the Interior, 1849 C Street 
NW., Mail Stop 7328-MIB, Washington, DC 20240, or by phone at 202-208-
5342.

SUPPLEMENTARY INFORMATION: 

I. Background

    The Department of the Interior (``Department'' or ``DOI'') 
``Electronic FOIA Tracking System and FOIA Case Files--Interior, DOI-
71'' system contains information on individuals for the purposes of 
managing and processing Freedom of Information Act (FOIA) requests, 
some of which may be processed in tandem with the Privacy Act of 1974, 
as amended. This system: (1) Enables the Department to administer the 
program more efficiently while ensuring requests are responded to in a 
more timely fashion; (2) supports action on FOIA requests, appeals, and 
litigation; (3) ensures documents are released in a more consistent 
manner; (4) assists in eliminating the duplication of effort; (5) 
gathers information for management and reporting purposes, improving 
the Department's reporting capability and providing for more efficient 
use of manpower; and (6) improves customer service.
    DOI is publishing this amended notice to reflect updated 
information in the authority, system location, system manager, 
categories of records, storage, retrievability, safeguards, retention 
and disposal, notification procedures, record access procedures, 
contesting record procedures, record source categories, and exemptions 
sections. Additionally, DOI is modifying existing routine uses to 
reflect updates consistent with standard DOI routine uses, and adding 
six new routine uses to permit sharing of information with: The 
National Archives and Records Administration's (NARA) Office of 
Government Information Services to assist and facilitate the resolution 
of disputes related to FOIA requests; NARA to conduct records 
management inspections; appropriate government agencies and 
organizations to provide information in response to court orders or for 
discovery purposes related to litigation; the Office of Management and 
Budget (OMB) in relation to legislative affairs mandates under OMB 
Circular A-19; the Department of the Treasury to recover debts owed to 
the United States; and the news media and the public. The system notice 
was last published in its entirety in the Federal Register on September 
18, 2002 (67 FR 58817), and amendments to the system notice were 
published in the Federal Register on February 13, 2008 (73 FR 8342) and 
February 25, 2010 (75 FR 8731).
    The amendments to the system will be effective as proposed at the 
end of the comment period (the comment period will end 30 days after 
the publication of this notice in the Federal Register), unless 
comments are received which would require a contrary determination. The 
Department will publish a revised notice if changes are made based upon 
a review of the comments received.

II. Privacy Act

    The Privacy Act of 1974, as amended, embodies fair information 
practice principles in a statutory framework governing the means by 
which Federal Agencies collect, maintain, use, and disseminate 
individuals' personal information. The Privacy Act applies to records 
about individuals that are maintained in a ``system of records.'' A 
``system of records'' is a group of any records under the control of an 
agency for which information about an individual is retrieved by the 
name or by some identifying number, symbol, or other identifying 
particulars assigned to the individual. The Privacy Act defines an 
individual as a United States citizen or lawful permanent resident. As 
a matter of policy, the Department extends administrative Privacy Act 
protections to all individuals. Individuals may request access to their 
own records that are maintained in a system of records in the 
possession or under the control of the Department by complying with the 
Department of the Interior Privacy Act regulations at 43 CFR part 2, 
subpart K.
    The Privacy Act requires each agency to publish in the Federal 
Register a description denoting the type and character of each system 
of records that the agency maintains and the routine uses of each 
system to make agency recordkeeping practices transparent, notify 
individuals regarding the uses of their records, and assist individuals 
to more easily find such records within the agency. The revised 
``Electronic FOIA Tracking System and FOIA Case Files--Interior, DOI-
71'' system of records notice is published in its entirety below.
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report of this system of records to the Office of Management and Budget 
(OMB) and to Congress.

III. Public Disclosure

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

     Dated: May 23, 2016.
Teri Barnett,
Departmental Privacy Officer.
Interior, DOI-71

SYSTEM NAME:
    Electronic FOIA Tracking System and FOIA Case Files--Interior, DOI-
71.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    (1) The Electronic FOIA Tracking System (EFTS) database and its 
servers are maintained by the Office of the Chief Information Officer, 
U.S. Department of the Interior, 12201 Sunrise Valley Drive, Reston, VA 
20192; and (2) FOIA case files in this system (paper or electronic) are 
located in the offices of Bureau and Office FOIA personnel. (For a 
partial list of the Department's FOIA contacts, see the Department's 
FOIA Web site at https://www.doi.gov/foia/contacts.)

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals or their representatives who have submitted FOIA or 
combined FOIA and Privacy Act (PA) requests for records or information 
and administrative appeals, or have litigation pending with DOI or 
another Federal agency; individuals whose requests or records have been 
referred to the Department by other agencies; individuals who are the 
subject of such requests, appeals, and litigation; and/or the DOI 
personnel assigned to handle such requests, appeals, and litigation.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system consists of records created or compiled in response to 
FOIA requests, or combined FOIA and PA requests, for records or 
information, administrative appeals, and related litigation and 
includes: The original requests and administrative appeals; responses 
to such requests and appeals; all related memoranda, correspondence, 
notes, and other related or supported documentation; and in some 
instances copies of requested records and records under appeal. Records 
about individuals may include name, mailing address, email address, 
telephone number, case file number, fee determinations, any information 
contained in the agency records requested by individuals, and

[[Page 33546]]

identifying information about individual requestors.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 552, The Freedom of Information Act, as amended; and 5 
U.S.C. 552a, The Privacy Act of 1974, as amended.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    The primary purpose of the EFTS and FOIA case files, which are 
maintained both electronically and in paper format, is to more 
efficiently manage the Department's FOIA program. This system: (1) 
Enables the Department to administer the program more efficiently while 
ensuring requests are responded to in a more timely fashion; (2) 
Supports action on FOIA requests, appeals, and litigation; (3) Ensures 
documents are released in a more consistent manner; (4) Assists in 
eliminating the duplication of effort; (5) Gathers information for 
management and reporting purposes, improving the Department's reporting 
capability and providing for more efficient use of manpower; and (6) 
Improves customer service.
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, disclosures outside the Department may be 
made as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    (1) (a) To any of the following entities or individuals, when the 
circumstances set forth in paragraph (b) are met:
    (i) The U.S. Department of Justice (DOJ);
    (ii) A court or an adjudicative or other administrative body;
    (iii) A party in litigation before a court or an adjudicative or 
other administrative body; or
    (iv) Any Department employee acting in his or her individual 
capacity if the Department or DOJ has agreed to represent that employee 
or pay for private representation of the employee;
    (b) When:
    (i) One of the following is a party to the proceeding or has an 
interest in the proceeding:
    (A) The Department or any component of the Department;
    (B) Any other Federal agency appearing before the Office of 
Hearings and Appeals;
    (C) Any Department employee acting in his or her official capacity;
    (D) Any Department employee acting in his or her individual 
capacity if the Department or DOJ has agreed to represent that employee 
or pay for private representation of the employee;
    (E) The United States, when DOJ determines that the Department is 
likely to be affected by the proceeding; and
    (ii) The Department deems the disclosure to be:
    (A) Relevant and necessary to the proceeding; and
    (B) Compatible with the purpose for which the records were 
compiled.
    (2) To a congressional office in response to a written inquiry that 
an individual covered by the system, or the heir of such individual if 
the covered individual is deceased, has made to the office.
    (3) To any criminal, civil, or regulatory law enforcement authority 
(whether Federal, state, territorial, local, tribal or foreign) when a 
record, either alone or in conjunction with other information, 
indicates a violation or potential violation of law--criminal, civil, 
or regulatory in nature, and the disclosure is compatible with the 
purpose for which the records were compiled.
    (4) To an official of another Federal agency to provide information 
needed in the performance of official duties related to reconciling or 
reconstructing data files or to enable that agency to respond to an 
inquiry by the individual to whom the record pertains.
    (5) To Federal, state, territorial, local, tribal, or foreign 
agencies that have requested information relevant or necessary to the 
hiring, firing or retention of an employee or contractor, or the 
issuance of a security clearance, license, contract, grant or other 
benefit, when the disclosure is compatible with the purpose for which 
the records were compiled.
    (6) To representatives of the National Archives and Records 
Administration (NARA) to conduct records management inspections under 
the authority of 44 U.S.C. 2904 and 2906.
    (7) To state, territorial and local governments and tribal 
organizations to provide information needed in response to court order 
and/or discovery purposes related to litigation, when the disclosure is 
compatible with the purpose for which the records were compiled.
    (8) To an expert, consultant, or contractor (including employees of 
the contractor) of the Department that performs services requiring 
access to these records on the Department's behalf to carry out the 
purposes of the system.
    (9) To appropriate agencies, entities, and persons when:
    (a) It is suspected or confirmed that the security or 
confidentiality of information in the system of records has been 
compromised; and
    (b) The Department has determined that as a result of the suspected 
or confirmed compromise there is a risk of harm to economic or property 
interest, identity theft or fraud, or harm to the security or integrity 
of this system or other systems or programs (whether maintained by the 
Department or another agency or entity) that rely upon the compromised 
information; and
    (c) The disclosure is made to such agencies, entities and persons 
who are reasonably necessary to assist in connection with the 
Department's efforts to respond to the suspected or confirmed 
compromise and prevent, minimize, or remedy such harm.
    (10) To the OMB during the coordination and clearance process in 
connection with legislative affairs as mandated by OMB Circular A-19.
    (11) To the Department of the Treasury to recover debts owed to the 
United States.
    (12) To a debt collection agency for the purpose of collecting 
outstanding debts owed to the Department for fees associated with 
processing FOIA/PA requests.
    (13) To the news media and the public, with the approval of the 
Public Affairs Officer in consultation with Counsel and the Senior 
Agency Official for Privacy, where there exists a legitimate public 
interest in the disclosure of the information, except to the extent it 
is determined that release of the specific information in the context 
of a particular case would constitute an unwarranted invasion of 
personal privacy.
    (14) To other Federal, State, and local agencies having a subject 
matter interest in a request or an appeal or a decision thereon.
    (15) To another Federal agency to assist that agency in responding 
to an inquiry by the individual to whom that record pertains.
    (16) To the National Archives and Records Administration, Office of 
Government Information Services (OGIS), to the extent necessary to 
fulfill its responsibilities in 5 U.S.C. 552(h), to review 
administrative agency policies, procedures, and compliance with the 
FOIA, and to facilitate OGIS' offering of mediation services to resolve 
disputes between persons making FOIA requests and administrative 
agencies.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    Pursuant to 5 U.S.C. 552a(b)(12), disclosures may be made to a 
consumer reporting agency as defined in the Fair Credit Reporting Act 
(15 U.S.C. 1681a(f)) or the Federal Claims

[[Page 33547]]

Collection Act of 1996 (31 U.S.C. 3701(a)(3)).

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Paper records are contained in file cabinets and/or in secured 
rooms under the control of authorized DOI personnel. Electronic records 
are contained in computers, compact discs, magnetic tapes, external 
removable drives, email, diskettes, digital video disks, and electronic 
databases.

RETRIEVABILITY:
    Information can be retrieved by specific data elements in the 
system including: The EFTS tracking number; the name of the requester 
and/or his/her organizational affiliation; subject; etc. Paper records 
are normally retrieved by EFTS tracking number or by the name of the 
person making the request.

SAFEGUARDS:
    Access to records in the system is limited to authorized personnel 
whose official duties require such access. Paper records are maintained 
in file cabinets and/or in secured rooms under the control of 
authorized DOI personnel. Computer servers in which electronic records 
are stored are located in secured DOI facilities with physical, 
technical and administrative levels of security to prevent unauthorized 
access to the DOI network and information assets. Electronic records 
are maintained in accordance with the OMB and Departmental guidelines 
reflecting the implementation of the Federal Information Security 
Modernization Act of 2014 (Pub. L. 113-283, 44 U.S.C. 3554). Electronic 
data is protected through user identification, passwords, database 
permissions and software controls. Such security measures establish 
different access levels for different types of users. System 
administrators and authorized users are trained and required to follow 
established internal security protocols and must complete all security, 
privacy, and records management training and sign the DOI Rules of 
Behavior.

RETENTION AND DISPOSAL:
    Records are maintained under Departmental Records Schedule (DRS) 
1--Administrative Records (DAA-0048-2013-0001) that cover FOIA and 
Privacy Act request files, correspondence, reports, and other program 
administration and financial management records, which has been 
approved by NARA. The disposition for these records is temporary and 
retention periods vary according to the specific record and the needs 
of the agency. FOIA request files and other short-term administration 
records are destroyed three years after cut-off, which is generally 
after the date of reply or the end of the fiscal year in which files 
are created. Long-term records that require additional retention, such 
as denials, are destroyed seven years after cut-off, which is generally 
when the record is closed. Paper records are disposed of by shredding 
or pulping, and records maintained on electronic media are degaussed or 
erased in accordance with 384 Departmental Manual 1 and NARA 
guidelines.

SYSTEM MANAGER AND ADDRESS:
    (1) The Departmental FOIA Officer, Office of the Executive 
Secretariat,
    U.S. Department of the Interior, 1849 C Street NW., MS-7328 MIB, 
Washington, DC 20240, has overall responsibility for the policies and 
procedures used to operate the system.
    (2) DOI Bureau and Office FOIA Officers and Coordinators in 
headquarters and in field offices have responsibility for the data 
inputted into and maintained on the EFTS for their respective 
organizations along with any FOIA case files. To obtain a current list 
of the FOIA Officers and Coordinators and their addresses, see https://www.doi.gov/foia/contacts.

NOTIFICATION PROCEDURES:
    An individual requesting notification of the existence of records 
on himself or herself in this system of records should send a signed, 
written inquiry to the FOIA Officer or Coordinator of the Bureau or 
Office that maintains the FOIA records, as identified above. The 
request envelope and letter should both be clearly marked ``PRIVACY ACT 
INQUIRY.'' A request for notification must meet the requirements of 43 
CFR 2.235.

RECORDS ACCESS PROCEDURES:
    An individual requesting records on himself or herself should send 
a signed, written inquiry to the FOIA Officer or Coordinator of the 
Bureau or Office that maintains the FOIA records, as identified above. 
The request should describe the records sought as specifically as 
possible. The request envelope and letter should both be clearly marked 
``PRIVACY ACT REQUEST FOR ACCESS.'' A request for access must meet the 
requirements of 43 CFR 2.238.

CONTESTING RECORDS PROCEDURES:
    An individual requesting corrections or the removal of material 
from his or her records should send a signed, written request to the 
FOIA Officer or Coordinator of the Bureau or Office that maintains the 
FOIA records, as identified above. A request for corrections or removal 
must meet the requirements of 43 CFR 2.246.

RECORD SOURCE CATEGORIES:
    Information gathered in this system is submitted by individuals, 
agencies, or corporate entities filing FOIA requests and agency 
employees processing these requests. Information is also taken from the 
following Privacy Act systems of records: Freedom of Information Act 
Appeal Files--Interior, OS-69, and Privacy Act Files--Interior, DOI-57.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    To the extent that copies of exempt records from other systems of 
records are entered into this system, the Department of the Interior 
claims the same exemptions for those records that are claimed for the 
original primary systems of records from which they originated.
[FR Doc. 2016-12541 Filed 5-25-16; 8:45 am]
 BILLING CODE 4334-63-P



                                                33544                         Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Notices

                                                5292; or by electronic mail to                            To enroll in the Safe Harbor                        identifying information, may be made
                                                permitsr3es@fws.gov.                                    Agreement, an eligible landowner                      available at any time. While you can ask
                                                FOR FURTHER INFORMATION CONTACT:                        would voluntarily work with the Project               us in your comment to withhold your
                                                Barbara Hosler, East Lansing Field                      Leader at the East Lansing Field Office               personal identifying information from
                                                Office (see ADDRESSES); by telephone                    to develop a Mitchell’s satyr butterfly               public review, we cannot guarantee that
                                                (517–351–6326) or barbara_hosler@                       reintroduction plan for their property.               we will be able to do so.
                                                fws.gov. If you use a                                   Each reintroduction plan would identify
                                                                                                        a conservation zone, consisting mainly                Authority
                                                telecommunications device for the deaf
                                                (TDD), please call the Federal                          of suitable fen habitat for the Mitchell’s              We provide this notice under section
                                                Information Relay Service at 800–877–                   satyr butterfly, and where habitat                    10(c) of the ESA (16 U.S.C. 1531 et seq.)
                                                8339.                                                   management activities would occur.                    and its implementing regulations (50
                                                                                                        Each reintroduction plan would have a                 CFR 17.22 and 17.32), and NEPA (42
                                                SUPPLEMENTARY INFORMATION:
                                                                                                        term of 10 to 20 years within the                     U.S.C. 4371 et seq.) and its
                                                Background Information                                  duration of the proposed Safe Harbor                  implementing regulations (40 CFR
                                                                                                        Agreement, which is 30 years.                         1506.6; 43 CFR part 46).
                                                  Under a Safe Harbor Agreement,
                                                participating landowners voluntarily                    Species Information                                     Dated: May 6, 2016.
                                                undertake conservation activities on                      The Mitchell’s satyr butterfly                      Lynn M. Lewis,
                                                their property to benefit species listed                population has been in serious decline                Assistant Regional Director, Ecological
                                                under the ESA (16 U.S.C. 1531 et seq.).                 for years. The species was once found                 Services, Midwest Region.
                                                The Safe Harbor Agreement and                           in 30 locations across Michigan,                      [FR Doc. 2016–12438 Filed 5–25–16; 8:45 am]
                                                associated permit authorize                             Indiana, and Ohio, with several disjunct              BILLING CODE 4333–15–P
                                                participating landowners to incidentally                populations in New Jersey and possibly
                                                take Federally listed species that may                  Maryland. Currently, Mitchell’s satyr
                                                result from implementation of                           butterflies occur at 10 sites in Michigan             DEPARTMENT OF THE INTERIOR
                                                conservation activities beneficial to the               and 1 site in Indiana. Since the species
                                                species. The Safe Harbor Agreement                                                                            Office of the Secretary
                                                                                                        was listed in 1991, additional
                                                also provides participating landowners                  populations have been discovered in                   [16XD4523WS DS10200000
                                                assurances that no further land, water,                 Virginia, Alabama, and Mississippi;                   DWSN00000.000000 WBS DP10202
                                                or resource-use restrictions, or                        however, genetic studies are                          1020WSW02]
                                                additional commitments of land, water,                  inconclusive on the taxonomic
                                                or finances, would be imposed beyond                    relationships of these southern                       Privacy Act of 1974; as Amended;
                                                those agreed to in the Safe Harbor                      populations to the Michigan and                       Notice To Amend an Existing System
                                                Agreement, including the option to                      Indiana populations (Hamm 2012). The                  of Records
                                                return their land to the baseline                       Service’s Recovery Plan for the                       AGENCY:  Office of the Secretary, Interior.
                                                condition established at the time of the                Mitchell’s satyr butterfly calls for the
                                                Safe Harbor Agreement. Application                                                                            ACTION: Notice of amendment to an
                                                                                                        establishment of 25 geographically
                                                requirements and issuance criteria for                                                                        existing system of records.
                                                                                                        distinct viable populations, including
                                                enhancement of survival permits                         specific actions to facilitate propagation            SUMMARY:    The Department of the
                                                through Safe Harbor Agreements are                      and reintroduction activities across its              Interior is issuing public notice of its
                                                found in Service regulations at 50 CFR                  historic range.                                       intent to amend ‘‘Electronic FOIA
                                                17.22 and 17.32.
                                                                                                        Next Steps                                            Tracking System and FOIA Case Files—
                                                Mitchell’s Satyr Butterfly Draft Safe                                                                         Interior, DOI–71’’ to update existing
                                                                                                          We will evaluate the permit                         routine uses; add six new routine uses;
                                                Harbor Agreement
                                                                                                        application, associated documents, and                and update the authority, system
                                                  We have developed the Draft Safe                      comments we receive to determine
                                                Harbor Agreement to incentivize certain                                                                       location, system manager, categories of
                                                                                                        whether the permit application meets                  records, storage, retrievability,
                                                non-Federal landowners in Michigan                      the requirements of the ESA, NEPA, and
                                                and Indiana to volunteer their land for                                                                       safeguards, retention and disposal,
                                                                                                        their implementing regulations. If we                 notification procedures, record access
                                                conservation activities beneficial to the               determine that all requirements are met,
                                                Mitchell’s satyr butterfly. Under the                                                                         procedures, contesting record
                                                                                                        we will sign the proposed Safe Harbor                 procedures, record source categories,
                                                proposed Safe Harbor Agreement, we                      Agreement and issue a permit under
                                                would issue a permit to the East Lansing                                                                      and exemptions sections.
                                                                                                        section 10(a)(1)(A) of the ESA to the
                                                Field Office Project Leader, who would                                                                        DATES: Comments must be received by
                                                                                                        East Lansing Field Office Project Leader.
                                                then convey the permits incidental take                 We will not make our final decision on                June 27, 2016. This amended system
                                                authorization and assurances to willing                 the permit application until after the                will be effective June 27, 2016.
                                                landowners through Certificates of                      end of the public comment period, and                 ADDRESSES: Any person interested in
                                                Inclusion, for the purpose of facilitating              we will fully consider all comments we                commenting on this amendment may do
                                                recovery of the Mitchell’s satyr                        receive during the comment period.                    so by: Submitting comments in writing
                                                butterfly. Consistent with the Safe                                                                           to Teri Barnett, Departmental Privacy
                                                Harbor Policy (June 17, 1999, 64 FR                     Public Availability of Comments                       Officer, U.S. Department of the Interior,
                                                32717) and section 7 of the ESA, we                       Written comments we receive become                  1849 C Street NW., Mail Stop 5545 MIB,
sradovich on DSK3TPTVN1PROD with NOTICES




                                                would also provide neighboring                          part of the public record associated with             Washington, DC 20240; hand-delivering
                                                landowners with incidental take                         this action. Before including your                    comments to Teri Barnett, Departmental
                                                authorization through the section 7                     address, phone number, email address,                 Privacy Officer, U.S. Department of the
                                                biological opinion, and assurances to                   or other personal identifying                         Interior, 1849 C Street NW., Mail Stop
                                                those neighboring landowners who                        information in your comment, you                      5545 MIB, Washington, DC 20240; or
                                                participate under the Safe Harbor                       should be aware that the entire                       emailing comments to Privacy@
                                                Agreement.                                              comment, including your personal                      ios.doi.gov.


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                                                                              Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Notices                                             33545

                                                FOR FURTHER INFORMATION CONTACT:                        February 13, 2008 (73 FR 8342) and                    personal identifying information—may
                                                Departmental FOIA Officer, Office of the                February 25, 2010 (75 FR 8731).                       be made publicly available at any time.
                                                Executive Secretariat, Department of the                  The amendments to the system will                   While you can ask us in your comment
                                                Interior, 1849 C Street NW., Mail Stop                  be effective as proposed at the end of                to withhold your personal identifying
                                                7328–MIB, Washington, DC 20240, or by                   the comment period (the comment                       information from public review, we
                                                phone at 202–208–5342.                                  period will end 30 days after the                     cannot guarantee that we will be able to
                                                SUPPLEMENTARY INFORMATION:
                                                                                                        publication of this notice in the Federal             do so.
                                                                                                        Register), unless comments are received                 Dated: May 23, 2016.
                                                I. Background                                           which would require a contrary
                                                                                                                                                              Teri Barnett,
                                                   The Department of the Interior                       determination. The Department will
                                                                                                        publish a revised notice if changes are               Departmental Privacy Officer.
                                                (‘‘Department’’ or ‘‘DOI’’) ‘‘Electronic
                                                FOIA Tracking System and FOIA Case                      made based upon a review of the                       Interior, DOI–71
                                                Files—Interior, DOI–71’’ system                         comments received.
                                                                                                                                                              SYSTEM NAME:
                                                contains information on individuals for                 II. Privacy Act
                                                the purposes of managing and                                                                                    Electronic FOIA Tracking System and
                                                                                                           The Privacy Act of 1974, as amended,               FOIA Case Files—Interior, DOI–71.
                                                processing Freedom of Information Act                   embodies fair information practice
                                                (FOIA) requests, some of which may be                   principles in a statutory framework                   SECURITY CLASSIFICATION:
                                                processed in tandem with the Privacy                    governing the means by which Federal
                                                Act of 1974, as amended. This system:                                                                           Unclassified.
                                                                                                        Agencies collect, maintain, use, and
                                                (1) Enables the Department to                           disseminate individuals’ personal                     SYSTEM LOCATION:
                                                administer the program more efficiently                 information. The Privacy Act applies to                  (1) The Electronic FOIA Tracking
                                                while ensuring requests are responded                   records about individuals that are                    System (EFTS) database and its servers
                                                to in a more timely fashion; (2) supports               maintained in a ‘‘system of records.’’ A              are maintained by the Office of the Chief
                                                action on FOIA requests, appeals, and                   ‘‘system of records’’ is a group of any               Information Officer, U.S. Department of
                                                litigation; (3) ensures documents are                   records under the control of an agency                the Interior, 12201 Sunrise Valley Drive,
                                                released in a more consistent manner;                   for which information about an                        Reston, VA 20192; and (2) FOIA case
                                                (4) assists in eliminating the duplication              individual is retrieved by the name or                files in this system (paper or electronic)
                                                of effort; (5) gathers information for                  by some identifying number, symbol, or                are located in the offices of Bureau and
                                                management and reporting purposes,                      other identifying particulars assigned to             Office FOIA personnel. (For a partial list
                                                improving the Department’s reporting                    the individual. The Privacy Act defines               of the Department’s FOIA contacts, see
                                                capability and providing for more                       an individual as a United States citizen              the Department’s FOIA Web site at
                                                efficient use of manpower; and (6)                      or lawful permanent resident. As a                    https://www.doi.gov/foia/contacts.)
                                                improves customer service.                              matter of policy, the Department
                                                   DOI is publishing this amended                       extends administrative Privacy Act                    CATEGORIES OF INDIVIDUALS COVERED BY THE
                                                notice to reflect updated information in                protections to all individuals.                       SYSTEM:
                                                the authority, system location, system                  Individuals may request access to their                  Individuals or their representatives
                                                manager, categories of records, storage,                own records that are maintained in a                  who have submitted FOIA or combined
                                                retrievability, safeguards, retention and               system of records in the possession or                FOIA and Privacy Act (PA) requests for
                                                disposal, notification procedures, record               under the control of the Department by                records or information and
                                                access procedures, contesting record                    complying with the Department of the                  administrative appeals, or have
                                                procedures, record source categories,                   Interior Privacy Act regulations at 43                litigation pending with DOI or another
                                                and exemptions sections. Additionally,                  CFR part 2, subpart K.                                Federal agency; individuals whose
                                                DOI is modifying existing routine uses                     The Privacy Act requires each agency               requests or records have been referred to
                                                to reflect updates consistent with                      to publish in the Federal Register a                  the Department by other agencies;
                                                standard DOI routine uses, and adding                   description denoting the type and                     individuals who are the subject of such
                                                six new routine uses to permit sharing                  character of each system of records that              requests, appeals, and litigation; and/or
                                                of information with: The National                       the agency maintains and the routine                  the DOI personnel assigned to handle
                                                Archives and Records Administration’s                   uses of each system to make agency                    such requests, appeals, and litigation.
                                                (NARA) Office of Government                             recordkeeping practices transparent,
                                                Information Services to assist and                                                                            CATEGORIES OF RECORDS IN THE SYSTEM:
                                                                                                        notify individuals regarding the uses of
                                                facilitate the resolution of disputes                   their records, and assist individuals to                 This system consists of records
                                                related to FOIA requests; NARA to                       more easily find such records within the              created or compiled in response to FOIA
                                                conduct records management                              agency. The revised ‘‘Electronic FOIA                 requests, or combined FOIA and PA
                                                inspections; appropriate government                     Tracking System and FOIA Case Files—                  requests, for records or information,
                                                agencies and organizations to provide                   Interior, DOI–71’’ system of records                  administrative appeals, and related
                                                information in response to court orders                 notice is published in its entirety below.            litigation and includes: The original
                                                or for discovery purposes related to                       In accordance with 5 U.S.C. 552a(r),               requests and administrative appeals;
                                                litigation; the Office of Management and                the Department has provided a report of               responses to such requests and appeals;
                                                Budget (OMB) in relation to legislative                 this system of records to the Office of               all related memoranda, correspondence,
                                                affairs mandates under OMB Circular                     Management and Budget (OMB) and to                    notes, and other related or supported
                                                A–19; the Department of the Treasury to                                                                       documentation; and in some instances
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                                                                                                        Congress.
                                                recover debts owed to the United States;                                                                      copies of requested records and records
                                                and the news media and the public. The                  III. Public Disclosure                                under appeal. Records about individuals
                                                system notice was last published in its                    Before including your address, phone               may include name, mailing address,
                                                entirety in the Federal Register on                     number, email address, or other                       email address, telephone number, case
                                                September 18, 2002 (67 FR 58817), and                   personal identifying information in your              file number, fee determinations, any
                                                amendments to the system notice were                    comment, you should be aware that                     information contained in the agency
                                                published in the Federal Register on                    your entire comment—including your                    records requested by individuals, and


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                                                33546                         Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Notices

                                                identifying information about                              (E) The United States, when DOJ                       (b) The Department has determined
                                                individual requestors.                                  determines that the Department is likely              that as a result of the suspected or
                                                                                                        to be affected by the proceeding; and                 confirmed compromise there is a risk of
                                                AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
                                                                                                           (ii) The Department deems the                      harm to economic or property interest,
                                                  5 U.S.C. 552, The Freedom of                          disclosure to be:                                     identity theft or fraud, or harm to the
                                                Information Act, as amended; and 5                         (A) Relevant and necessary to the                  security or integrity of this system or
                                                U.S.C. 552a, The Privacy Act of 1974, as                proceeding; and                                       other systems or programs (whether
                                                amended.                                                   (B) Compatible with the purpose for                maintained by the Department or
                                                                                                        which the records were compiled.                      another agency or entity) that rely upon
                                                ROUTINE USES OF RECORDS MAINTAINED IN THE
                                                                                                           (2) To a congressional office in                   the compromised information; and
                                                SYSTEM, INCLUDING CATEGORIES OF USERS AND
                                                THE PURPOSES OF SUCH USES:
                                                                                                        response to a written inquiry that an                    (c) The disclosure is made to such
                                                                                                        individual covered by the system, or the              agencies, entities and persons who are
                                                   The primary purpose of the EFTS and                  heir of such individual if the covered
                                                FOIA case files, which are maintained                                                                         reasonably necessary to assist in
                                                                                                        individual is deceased, has made to the               connection with the Department’s
                                                both electronically and in paper format,                office.
                                                is to more efficiently manage the                                                                             efforts to respond to the suspected or
                                                                                                           (3) To any criminal, civil, or                     confirmed compromise and prevent,
                                                Department’s FOIA program. This                         regulatory law enforcement authority
                                                system: (1) Enables the Department to                                                                         minimize, or remedy such harm.
                                                                                                        (whether Federal, state, territorial, local,             (10) To the OMB during the
                                                administer the program more efficiently                 tribal or foreign) when a record, either
                                                while ensuring requests are responded                                                                         coordination and clearance process in
                                                                                                        alone or in conjunction with other                    connection with legislative affairs as
                                                to in a more timely fashion; (2) Supports               information, indicates a violation or
                                                action on FOIA requests, appeals, and                                                                         mandated by OMB Circular A–19.
                                                                                                        potential violation of law—criminal,
                                                litigation; (3) Ensures documents are                                                                            (11) To the Department of the
                                                                                                        civil, or regulatory in nature, and the
                                                released in a more consistent manner;                                                                         Treasury to recover debts owed to the
                                                                                                        disclosure is compatible with the
                                                (4) Assists in eliminating the                                                                                United States.
                                                                                                        purpose for which the records were
                                                duplication of effort; (5) Gathers                                                                               (12) To a debt collection agency for
                                                                                                        compiled.
                                                information for management and                             (4) To an official of another Federal              the purpose of collecting outstanding
                                                reporting purposes, improving the                       agency to provide information needed                  debts owed to the Department for fees
                                                Department’s reporting capability and                   in the performance of official duties                 associated with processing FOIA/PA
                                                providing for more efficient use of                     related to reconciling or reconstructing              requests.
                                                manpower; and (6) Improves customer                     data files or to enable that agency to                   (13) To the news media and the
                                                service.                                                respond to an inquiry by the individual               public, with the approval of the Public
                                                   In addition to those disclosures                     to whom the record pertains.                          Affairs Officer in consultation with
                                                generally permitted under 5 U.S.C.                         (5) To Federal, state, territorial, local,         Counsel and the Senior Agency Official
                                                552a(b) of the Privacy Act, disclosures                 tribal, or foreign agencies that have                 for Privacy, where there exists a
                                                outside the Department may be made as                   requested information relevant or                     legitimate public interest in the
                                                a routine use pursuant to 5 U.S.C.                      necessary to the hiring, firing or                    disclosure of the information, except to
                                                552a(b)(3) as follows:                                  retention of an employee or contractor,               the extent it is determined that release
                                                   (1) (a) To any of the following entities             or the issuance of a security clearance,              of the specific information in the
                                                or individuals, when the circumstances                  license, contract, grant or other benefit,            context of a particular case would
                                                set forth in paragraph (b) are met:                     when the disclosure is compatible with                constitute an unwarranted invasion of
                                                   (i) The U.S. Department of Justice                   the purpose for which the records were                personal privacy.
                                                (DOJ);                                                  compiled.                                                (14) To other Federal, State, and local
                                                   (ii) A court or an adjudicative or other                (6) To representatives of the National             agencies having a subject matter interest
                                                administrative body;                                    Archives and Records Administration                   in a request or an appeal or a decision
                                                   (iii) A party in litigation before a court           (NARA) to conduct records management                  thereon.
                                                or an adjudicative or other                             inspections under the authority of 44                    (15) To another Federal agency to
                                                administrative body; or                                 U.S.C. 2904 and 2906.                                 assist that agency in responding to an
                                                   (iv) Any Department employee acting                     (7) To state, territorial and local                inquiry by the individual to whom that
                                                in his or her individual capacity if the                governments and tribal organizations to               record pertains.
                                                Department or DOJ has agreed to                         provide information needed in response                   (16) To the National Archives and
                                                represent that employee or pay for                      to court order and/or discovery                       Records Administration, Office of
                                                private representation of the employee;                 purposes related to litigation, when the              Government Information Services
                                                   (b) When:                                            disclosure is compatible with the                     (OGIS), to the extent necessary to fulfill
                                                   (i) One of the following is a party to               purpose for which the records were                    its responsibilities in 5 U.S.C. 552(h), to
                                                the proceeding or has an interest in the                compiled.                                             review administrative agency policies,
                                                proceeding:                                                (8) To an expert, consultant, or                   procedures, and compliance with the
                                                   (A) The Department or any                            contractor (including employees of the                FOIA, and to facilitate OGIS’ offering of
                                                component of the Department;                            contractor) of the Department that                    mediation services to resolve disputes
                                                   (B) Any other Federal agency                         performs services requiring access to                 between persons making FOIA requests
                                                appearing before the Office of Hearings                 these records on the Department’s                     and administrative agencies.
                                                and Appeals;                                            behalf to carry out the purposes of the
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                                                   (C) Any Department employee acting                   system.                                               DISCLOSURE TO CONSUMER REPORTING
                                                in his or her official capacity;                           (9) To appropriate agencies, entities,             AGENCIES:
                                                   (D) Any Department employee acting                   and persons when:                                       Pursuant to 5 U.S.C. 552a(b)(12),
                                                in his or her individual capacity if the                   (a) It is suspected or confirmed that              disclosures may be made to a consumer
                                                Department or DOJ has agreed to                         the security or confidentiality of                    reporting agency as defined in the Fair
                                                represent that employee or pay for                      information in the system of records has              Credit Reporting Act (15 U.S.C.
                                                private representation of the employee;                 been compromised; and                                 1681a(f)) or the Federal Claims


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                                                                               Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Notices                                                  33547

                                                Collection Act of 1996 (31 U.S.C.                        periods vary according to the specific                her records should send a signed,
                                                3701(a)(3)).                                             record and the needs of the agency.                   written request to the FOIA Officer or
                                                                                                         FOIA request files and other short-term               Coordinator of the Bureau or Office that
                                                POLICIES AND PRACTICES FOR STORING,
                                                                                                         administration records are destroyed                  maintains the FOIA records, as
                                                RETRIEVING, ACCESSING, RETAINING AND
                                                DISPOSING OF RECORDS IN THE SYSTEM:
                                                                                                         three years after cut-off, which is                   identified above. A request for
                                                                                                         generally after the date of reply or the              corrections or removal must meet the
                                                STORAGE:                                                 end of the fiscal year in which files are             requirements of 43 CFR 2.246.
                                                  Paper records are contained in file                    created. Long-term records that require
                                                                                                                                                               RECORD SOURCE CATEGORIES:
                                                cabinets and/or in secured rooms under                   additional retention, such as denials, are
                                                the control of authorized DOI personnel.                 destroyed seven years after cut-off,                    Information gathered in this system is
                                                Electronic records are contained in                      which is generally when the record is                 submitted by individuals, agencies, or
                                                computers, compact discs, magnetic                       closed. Paper records are disposed of by              corporate entities filing FOIA requests
                                                tapes, external removable drives, email,                 shredding or pulping, and records                     and agency employees processing these
                                                diskettes, digital video disks, and                      maintained on electronic media are                    requests. Information is also taken from
                                                electronic databases.                                    degaussed or erased in accordance with                the following Privacy Act systems of
                                                                                                         384 Departmental Manual 1 and NARA                    records: Freedom of Information Act
                                                RETRIEVABILITY:                                                                                                Appeal Files—Interior, OS–69, and
                                                                                                         guidelines.
                                                  Information can be retrieved by                                                                              Privacy Act Files—Interior, DOI–57.
                                                specific data elements in the system                     SYSTEM MANAGER AND ADDRESS:
                                                                                                                                                               EXEMPTIONS CLAIMED FOR THE SYSTEM:
                                                including: The EFTS tracking number;                       (1) The Departmental FOIA Officer,
                                                the name of the requester and/or his/her                 Office of the Executive Secretariat,                    To the extent that copies of exempt
                                                organizational affiliation; subject; etc.                  U.S. Department of the Interior, 1849               records from other systems of records
                                                Paper records are normally retrieved by                  C Street NW., MS–7328 MIB,                            are entered into this system, the
                                                EFTS tracking number or by the name                      Washington, DC 20240, has overall                     Department of the Interior claims the
                                                of the person making the request.                        responsibility for the policies and                   same exemptions for those records that
                                                                                                         procedures used to operate the system.                are claimed for the original primary
                                                SAFEGUARDS:                                                                                                    systems of records from which they
                                                                                                           (2) DOI Bureau and Office FOIA
                                                   Access to records in the system is                    Officers and Coordinators in                          originated.
                                                limited to authorized personnel whose                    headquarters and in field offices have
                                                                                                                                                               [FR Doc. 2016–12541 Filed 5–25–16; 8:45 am]
                                                official duties require such access. Paper               responsibility for the data inputted into             BILLING CODE 4334–63–P
                                                records are maintained in file cabinets                  and maintained on the EFTS for their
                                                and/or in secured rooms under the                        respective organizations along with any
                                                control of authorized DOI personnel.                     FOIA case files. To obtain a current list             INTERNATIONAL TRADE
                                                Computer servers in which electronic                     of the FOIA Officers and Coordinators                 COMMISSION
                                                records are stored are located in secured                and their addresses, see https://                     [Investigation No. 337–TA–1001]
                                                DOI facilities with physical, technical                  www.doi.gov/foia/contacts.
                                                and administrative levels of security to                                                                       Certain Digital Video Receivers and
                                                prevent unauthorized access to the DOI                   NOTIFICATION PROCEDURES:
                                                                                                                                                               Hardware and Software Components
                                                network and information assets.                            An individual requesting notification               Thereof; Institution of Investigation
                                                Electronic records are maintained in                     of the existence of records on himself or
                                                accordance with the OMB and                              herself in this system of records should              AGENCY: U.S. International Trade
                                                Departmental guidelines reflecting the                   send a signed, written inquiry to the                 Commission.
                                                implementation of the Federal                            FOIA Officer or Coordinator of the                    ACTION: Notice.
                                                Information Security Modernization Act                   Bureau or Office that maintains the
                                                of 2014 (Pub. L. 113–283, 44 U.S.C.                      FOIA records, as identified above. The                SUMMARY:    Notice is hereby given that a
                                                3554). Electronic data is protected                      request envelope and letter should both               complaint was filed with the U.S.
                                                through user identification, passwords,                  be clearly marked ‘‘PRIVACY ACT                       International Trade Commission on
                                                database permissions and software                        INQUIRY.’’ A request for notification                 April 6, 2016, under section 337 of the
                                                controls. Such security measures                         must meet the requirements of 43 CFR                  Tariff Act of 1930, as amended, 19
                                                establish different access levels for                    2.235.                                                U.S.C. 1337, on behalf of Rovi
                                                different types of users. System                                                                               Corporation of San Carlos, California
                                                administrators and authorized users are                  RECORDS ACCESS PROCEDURES:                            and Rovi Guides, Inc. of San Carlos,
                                                trained and required to follow                             An individual requesting records on                 California. An amended complaint was
                                                established internal security protocols                  himself or herself should send a signed,              filed on April 25, 2016. The complaint,
                                                and must complete all security, privacy,                 written inquiry to the FOIA Officer or                as amended, alleges violations of section
                                                and records management training and                      Coordinator of the Bureau or Office that              337 based upon the importation into the
                                                sign the DOI Rules of Behavior.                          maintains the FOIA records, as                        United States, the sale for importation,
                                                                                                         identified above. The request should                  and the sale within the United States
                                                RETENTION AND DISPOSAL:                                                                                        after importation of certain digital video
                                                                                                         describe the records sought as
                                                  Records are maintained under                           specifically as possible. The request                 receivers and hardware and software
                                                Departmental Records Schedule (DRS)                      envelope and letter should both be                    components thereof by reason of
                                                1—Administrative Records (DAA–0048–                                                                            infringement of certain claims of U.S.
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                                                                                                         clearly marked ‘‘PRIVACY ACT
                                                2013–0001) that cover FOIA and Privacy                   REQUEST FOR ACCESS.’’ A request for                   Patent No. 8,006,263 (‘‘the ’263 patent’’);
                                                Act request files, correspondence,                       access must meet the requirements of 43               U.S. Patent No. 8,578,413 (‘‘the ’413
                                                reports, and other program                               CFR 2.238.                                            patent’’); U.S. Patent No. 8,046,801 (‘‘the
                                                administration and financial                                                                                   ’801 patent’’); U.S. Patent No. 8,621,512
                                                management records, which has been                       CONTESTING RECORDS PROCEDURES:                        (‘‘the ’512 patent’’); U.S. Patent No.
                                                approved by NARA. The disposition for                      An individual requesting corrections                8,768,147 (‘‘the ’147 patent’’); U.S.
                                                these records is temporary and retention                 or the removal of material from his or                Patent No. 8,566,871 (‘‘the ’871 patent’’);


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Document Created: 2016-05-26 01:13:37
Document Modified: 2016-05-26 01:13:37
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 amendment to an existing system of records.
DatesComments must be received by June 27, 2016. This amended system will be effective June 27, 2016.
ContactDepartmental FOIA Officer, Office of the Executive Secretariat, Department of the Interior, 1849 C Street NW., Mail Stop 7328-MIB, Washington, DC 20240, or by phone at 202-208- 5342.
FR Citation81 FR 33544 

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