81_FR_33798 81 FR 33695 - The Privacy Act of 1974, as Amended; System of Records Notice Amendment, Freedom of Information Act, Privacy Act, and Administrative Appeals Request Files, System of Records

81 FR 33695 - The Privacy Act of 1974, as Amended; System of Records Notice Amendment, Freedom of Information Act, Privacy Act, and Administrative Appeals Request Files, System of Records

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 81, Issue 103 (May 27, 2016)

Page Range33695-33697
FR Document2016-12600

In accordance with the requirements of the Privacy Act of 1974, as amended, 5 U.S.C. 552a, the Department's Office of the Executive Secretariat proposes to update and reissue a current system of records notice (SORN): Freedom of Information Act (FOIA), Privacy Act, and Administrative Appeals Request Files, ADMIN/AHFDC.01. This SORN was previously titled ``Privacy Act and Appeals Request Files,'' CIO/QMPP.01, and published at 79 FR 44854-55 (August 1, 2014). This amendment consolidates under one notice FOIA, Privacy Act, and administrative appeals procedures for requests and disclosures and updates the SORN, categories of individuals covered, categories of records, authority for maintenance, routine uses, storage, safeguards, retention and disposal, system manager and address, notification procedures, records access, contesting records procedures, and records source categories to indicate that the SORN now includes FOIA-related records. This notice deletes and supersedes SORN CIO/QMPP.01, Privacy Act and Appeals Request Files. This updated publication will be included in the Department's inventory of SORNs. Detailed information pertaining to this amendment appears under the SORN's ``Supplementary Information'' caption.

Federal Register, Volume 81 Issue 103 (Friday, May 27, 2016)
[Federal Register Volume 81, Number 103 (Friday, May 27, 2016)]
[Notices]
[Pages 33695-33697]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12600]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5921-N-06]


The Privacy Act of 1974, as Amended; System of Records Notice 
Amendment, Freedom of Information Act, Privacy Act, and Administrative 
Appeals Request Files, System of Records

AGENCY: Office of Administration, HUD.

ACTION: System of records notice amendment.

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

SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, as amended, 5 U.S.C. 552a, the Department's Office of the 
Executive Secretariat proposes to update and reissue a current system 
of records notice (SORN): Freedom of Information Act (FOIA), Privacy 
Act, and Administrative Appeals Request Files, ADMIN/AHFDC.01. This 
SORN was previously titled ``Privacy Act and Appeals Request Files,'' 
CIO/QMPP.01, and published at 79 FR 44854-55 (August 1, 2014). This 
amendment consolidates under one notice FOIA, Privacy Act, and 
administrative appeals procedures for requests and disclosures and 
updates the SORN, categories of individuals covered, categories of 
records, authority for maintenance, routine uses, storage, safeguards, 
retention and disposal, system manager and address, notification 
procedures, records access, contesting records procedures, and records 
source categories to indicate that the SORN now includes FOIA-related 
records. This notice deletes and supersedes SORN CIO/QMPP.01, Privacy 
Act and Appeals Request Files. This updated publication will be 
included in the Department's inventory of SORNs. Detailed information 
pertaining to this amendment appears under the SORN's ``Supplementary 
Information'' caption.

DATES: 
    Effective Date: This notice action shall be effective immediately, 
with the exception of the new routine uses added to the notice, which 
will become effective June 27, 2016.
    Comments Due Date: June 27, 2016.

ADDRESSES: Interested persons are invited to submit comments regarding 
this notice to the Rules Docket Clerk, Office of General Counsel, 
Department of Housing and Urban Development, 451 Seventh Street SW., 
Room 10276, Washington, DC 20410-0500. Communications should refer to 
the above docket number and title. Faxed comments are not accepted. A 
copy of each communication submitted will be available for public 
inspection and copying between 8 a.m. and 5 p.m. weekdays at the above 
address.

FOR FURTHER INFORMATION CONTACT: Frieda B. Edwards, Acting Chief 
Privacy Officer, 451 Seventh Street SW., Room 10139, Washington, DC 
20410, telephone number 202-402-6828 (this is not a toll-free number). 
Individuals who are hearing- and speech-impaired may access this number 
via TTY by calling the Federal Relay Service at 800-877-8339 (this is a 
toll-free number).

SUPPLEMENTARY INFORMATION: This SORN is being updated to encompass 
activities and procedures related to the Department's processing of 
FOIA, Privacy Act, and administrative appeals requests. The 
Department's Office of the Executive Secretariat consolidates under one 
notice processing activities related to FOIA, Privacy Act, and 
administrative appeals requests received or issued by the Department. 
The revised notice conveys subsequent updates to the system's title, 
categories of individuals covered, categories of records, authority for 
maintenance, routine uses, storage, safeguards, retention and disposal, 
system manager and address, notification procedures, records access and 
contesting procedures, and records source captions to identify that the 
updated notice now includes information related to FOIA requests. In 
addition, this notice identifies new disclosure requirements related to 
FOIA, by adding routine use (6) to clarify that records may be provided 
from this SORN to the National Archives and Records Administration 
(NARA), Office of Government Information Services (OGIS) for purposes 
set forth under 5 U.S.C. 552(h)(2)(A-B) and (3). Publication of this 
notice allows the Department to provide up-to-date information about 
its systems of records in a clear and cohesive format. The revised 
system of records incorporates Federal Privacy Act, FOIA, and HUD 
policy requirements. The Privacy Act places on Federal agencies 
principal responsibility for compliance with its provisions, by 
requiring Federal agencies to safeguard an individual's records against 
an invasion of personal privacy; protect the records contained in an 
agency system of records from unauthorized disclosure; ensure that the 
records collected are relevant, necessary, current, and collected only 
for their intended use; and adequately safeguard the records to prevent 
misuse of such information. In addition, this notice demonstrates the 
Department's focus on industry best practices and laws that protect 
interest such as

[[Page 33696]]

personal privacy and law enforcement records from inappropriate 
release. This notice states the name and location of the record system, 
the authority for and manner of its operations, the categories of 
individuals that it covers, the type of records that it contains, the 
sources of the information for the records, the routine uses made of 
the records, and the types of exemptions in place for the records. The 
notice also includes the business address of the HUD officials who will 
inform interested persons of how they may gain access to and/or request 
amendments to records pertaining to themselves.
    Pursuant to the Privacy Act and the Office of Management and Budget 
(OMB) guidelines, a report of the amended system of records was 
submitted to OMB, the Senate Committee on Homeland Security and 
Governmental Affairs, and the House Committee on Oversight and 
Government Reform, as instructed by paragraph 4c of Appendix l to OMB 
Circular No. A-130, ``Federal Agencies Responsibilities for Maintaining 
Records About Individuals,'' November 28, 2000.

    Authority: 5 U.S.C. 552a; 88 Stat. 1896; 42 U.S.C. 3535(d).

    Dated: April 28, 2016.
Patricia A. Hoban-Moore,
Senior Agency Official for Privacy.
ADMIN/AHFDC.01

SYSTEM NAME:
    Freedom of Information Act, Privacy Act, and Administrative Appeals 
Request Files.

SYSTEM LOCATION:
    The system is physically located at the Department of Housing and 
Urban Development, Office of the Executive Secretariat, 451 Seventh 
Street SW., Washington, DC 20410; at the service providers under 
contract with HUD, and at HUD regional and field offices \1\ where, in 
some cases, FOIA and Privacy Act records may be maintained or accessed.
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    \1\ http://portal.hud.gov/hudportal/HUD?src=/localoffices.
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CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system encompasses all individuals who submit FOIA and/or 
Privacy Act requests or administrative appeals to the Department. Other 
individuals covered by the system include HUD staff assigned to process 
a request and staff that may have responsive records or are mentioned 
in such records. Note: FOIA requests are subject to the Privacy Act 
only to the extent that the information pertains to personal 
information concerning an individual (i.e., only the information that 
is personal about the individual who is the subject of the record is 
subject to the Privacy Act). Information pertaining to corporations, 
businesses, and organizations are not subject to the Privacy Act.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records in this system may include information about the handling 
of FOIA and Privacy Act requests and administrative appeals. The 
information maintained by the system may include: (1) Records received, 
copied, created, or compiled during the search and processing of 
initial requests and administrative appeals; (2) fee schedules, cost 
calculations, and costs assessed for processing FOIA requests 
(disclosed FOIA records--cost can be incurred even for records that are 
not provided to requesters); (3) appeals, intra-agency or interagency 
memorandums, and correspondence with the requesters or entities who 
submitted the requests and appeals; (4) the Department's responses and 
transferals to HUD regional/field offices or other agencies; (5) copies 
of records disclosed or withheld; (6) requesters' names, organizations, 
titles, addresses, emails, telephone numbers, fax numbers, Social 
Security numbers (which may be submitted with documentation or as proof 
of identification when requesting access to Privacy Act records); (7) 
information compiled on and about the parties who made written requests 
or appeals, including individuals on whose behalf such written requests 
or appeals were made; (8) FOIA tracking numbers; (9) descriptions of 
the types of requests or appeals, and dates the requests or appeals 
were received by the Department; (10) statuses of Department responses 
(i.e., the offices to which the requests were assigned, the dates by 
which responses to assigned request are due, the current dispositions 
of the requests); (11) and may include the requester's original Privacy 
Act/FOIA requests. The system also includes information on the 
Department personnel involved in the processing of FOIA and/or Privacy 
Act requests and appeals (e.g., FOIA staff and/or Privacy Act staff, 
appeals officials, and members of the Office of General Counsel staff) 
who respond to requests or appeals and process any final dispositions. 
The system also covers records related to requests for OGIS assistance.

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

PURPOSE(S):
    The purpose of the information maintained by the system is to allow 
the Department to effectively monitor and track FOIA and Privacy Act 
requests, and administrative appeals received or issued by the 
Department. The information gathered by the system is used by the 
Department to satisfy its annual reporting obligations under the FOIA, 
manage FOIA-related fees and calculations, and respond to FOIA and 
Privacy Act requests and appeals.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Records from this system may be disclosed for routine uses to:
    1. A congressional office from the record of an individual, in 
response to a verified inquiry from the congressional office made at 
the request of that individual.
    2. The Department of Justice for the purpose of obtaining advice 
regarding whether or not the records should be disclosed, when 
applicable.
    3. Student volunteers, individuals working under a personal 
services contract, and other individuals performing functions for the 
Department, but technically not having the status of agency employees, 
if they need access to the records in order to perform their assigned 
agency functions.
    4. Contractors, grantees, experts, consultants and their agents, or 
others performing or working under a contract, service, grant, or 
cooperative agreement with HUD, when necessary to accomplish the agency 
function related to a system of records. Disclosure requirements are 
limited to only those data elements considered relevant to 
accomplishing an agency function. Individuals provided information 
under this routine use conditions are subject to the Privacy Act 
requirements and disclosure limitations imposed on the Department.
    5. Appropriate agencies, entities, and persons to the extent such 
disclosures are compatible with the purpose for which the records in 
this system were collected, as set forth by Appendix I, HUD's Routine 
Use Inventory notice \2\ published in the Federal Register.
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    \2\ http://portal.hud.gov/hudportal/documents/huddoc?id=routine_use_inventory.pdf.
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    6. The National Archives and Records Administration, OGIS, to the 
extent necessary to allow OGIS to fulfill its

[[Page 33697]]

responsibilities under 5 U.S.C. 552(h) to review administrative agency 
policies, procedures, and compliance with the FOIA, and to offer 
mediation services to resolve disputes between persons making FOIA 
requests and administrative agencies.
    7. To appropriate agencies, entities, and persons when:
    (a) HUD suspects or has confirmed that the security or 
confidentiality of information in a system of records has been 
compromised;
    (b) HUD 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 systems or programs (whether maintained by HUD or another 
agency or entity) that rely upon the compromised information; and
    (c) The disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with HUD's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm for purposes of facilitating responses and 
remediation efforts in the event of a data breach.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM
STORAGE:
    The originals, or a copy, of the incoming requests and the written 
responses are maintained in case file folders and stored in metal file 
cabinets. Cross-reference data is maintained electronically and on CD-
ROM.

RETRIEVABILITY:
    Electronic and paper records are almost always retrieved by the 
name of the individual who made the request, the FOIA control number, 
or the subject of the request.

SAFEGUARDS:
    (1) Access Safeguards: Record access is restricted to FOIA and 
Privacy Act staff, involved program officials, appeals officials, and 
Office of General Counsel staff involved in the processing of such 
requests; (2) Physical Safeguards: Case file folders are stored in file 
cabinets located in secure areas that are either occupied by staff 
involved in processing FOIA and Privacy Act requests and administrative 
appeals or locked up during nonworking hours or whenever staff is not 
present in these areas, and entrance to the buildings where case files 
are maintained is controlled by security guards; (3) Logical Access: 
Records in the system are maintained in a secure area with access 
restricted to authorized personnel, security and hardware storage of 
backup material (e.g., disk, tape, CD-ROM) are secured in accordance 
with HUD-wide guidance for handling and securing information systems 
and cross-reference data is maintained electronically and access to the 
records is granted by User ID and password; and (4) Procedural 
Safeguards: Access to the systems records is limited to those staff 
members who are familiar with FOIA- and Privacy Act-related requests 
and who have a need to know. System managers are held responsible for 
safeguarding the records that are under their control.

RETENTION AND DISPOSAL:
    Computer and paper records will be maintained and disposed of in 
accordance with published NARA Transmittal No. 22, General Records 
Schedule 14, ``Information Services Records''.\3\ Paper records will be 
destroyed by shredding or burning. Electronic records will be destroyed 
pursuant to NIST Special Publication 800-88, ``Guidelines for Media 
Sanitization.''
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    \3\ http://www.archives.gov/records-mgmt/grs/grs14.html.
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SYSTEM MANAGER(S) AND ADDRESS:
    Frieda B. Edwards, Acting Chief Privacy Officer, 451 Seventh Street 
SW., Room 10139, Washington, DC 20410, telephone number 202-402-6828 
(this is not a toll-free number) (refer to the SORN's location caption 
for additional locations where Privacy Act records are accessed and 
maintained).

NOTIFICATION AND ACCESS PROCEDURES:
    For Information, assistance, or inquiries about the existence of 
records, contact Frieda B. Edwards, Acting Chief Privacy Officer, 451 
Seventh Street SW., Room 10139, Washington, DC 20410, telephone number 
202-402-6828 (this is not a toll-free number). When seeking records 
about yourself from this system of records or any other HUD system of 
records, your request must conform with the Privacy Act regulations set 
forth in 24 CFR part 16 ``Procedures for Inquiries''. You must first 
verify your identity by providing your full name, current address, and 
date and place of birth. You must sign your request, and your signature 
must either be notarized or submitted under 28 U.S.C. 1746, a law that 
permits statements to be made under penalty of perjury as a substitute 
for notarization. In addition, your request should:
    (1) Explain why you believe HUD would have information on you.
    (2) Identify which HUD office you believe has the records about 
you.
    (3) Specify when you believe the records would have been created.
    (4) Provide any other information that will help the FOIA staff 
determine which HUD office may have responsive records.
    If you are seeking records pertaining to another living individual, 
you must obtain a statement from that individual certifying their 
agreement for you to access their records. Without the above 
information, the HUD Office may not be able to conduct an effective 
search, and your request may be denied due to lack of specificity or 
lack of compliance with applicable regulations.

CONTESTING RECORDS PROCEDURES:
    The Department's rules for contesting contents of records and 
appealing initial denials appear in 24 CFR part 16, ``Procedures for 
Inquiries.'' Additional assistance may be obtained by contacting Frieda 
B. Edwards, Acting Chief Privacy Officer, 451 Seventh Street SW., Room 
10139, Washington, DC 20410, or the HUD Departmental Privacy Appeals 
Officer, Office of General Counsel, Department of Housing and Urban 
Development, 451 Seventh Street SW., Room 10110, Washington, DC 20410.

RECORD SOURCE CATEGORIES:
    The source of information is from the individuals making a FOIA 
request or a request for Privacy Act records, and components of the 
Department and other agencies that search for and provide records and 
related correspondence maintained in the case files.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    Pursuant to 5 U.S.C. 552a(k)(2), records in this system, which 
reflect records that are contained in other systems of records that are 
designated as exempt, are exempt from the requirements of subsections 
(c)(3), (d), (e)(1), (e)(4)(G), (H), (I), and (f) of 5 U.S.C. 552a. 
These exemptions apply only to the extent that information in the 
system is subject to an exemption pursuant to 5 U.S.C. 552a (k)(2) or a 
rule promulgated concerning the exemption of such records.

[FR Doc. 2016-12600 Filed 5-26-16; 8:45 am]
BILLING CODE 4210-67-P



                                                                                Federal Register / Vol. 81, No. 103 / Friday, May 27, 2016 / Notices                                           33695

                                                Comments: Property located within                       DEPARTMENT OF HOUSING AND                             available for public inspection and
                                                  floodway, which has not been correct or               URBAN DEVELOPMENT                                     copying between 8 a.m. and 5 p.m.
                                                  contained.                                                                                                  weekdays at the above address.
                                                Reasons: Floodway                                       [Docket No. FR–5921–N–06]
                                                                                                                                                              FOR FURTHER INFORMATION CONTACT:
                                                Florida                                                                                                       Frieda B. Edwards, Acting Chief Privacy
                                                                                                        The Privacy Act of 1974, as Amended;
                                                1191 Compressor Room                                    System of Records Notice                              Officer, 451 Seventh Street SW., Room
                                                K6–1996T Contractor Road                                Amendment, Freedom of Information                     10139, Washington, DC 20410,
                                                Kennedy Space Center FL 32899                                                                                 telephone number 202–402–6828 (this
                                                Landholding Agency: NASA
                                                                                                        Act, Privacy Act, and Administrative
                                                                                                        Appeals Request Files, System of                      is not a toll-free number). Individuals
                                                Property Number: 71201620012                                                                                  who are hearing- and speech-impaired
                                                Status: Unutilized                                      Records
                                                Comments: public access denied and no
                                                                                                                                                              may access this number via TTY by
                                                                                                        AGENCY:Office of Administration, HUD.                 calling the Federal Relay Service at 800–
                                                  alternative method to gain access without
                                                  compromising national security.                             System of records notice
                                                                                                        ACTION:                                               877–8339 (this is a toll-free number).
                                                Reasons: Secured Area                                   amendment.                                            SUPPLEMENTARY INFORMATION: This
                                                278 Drum Storage Building                                                                                     SORN is being updated to encompass
                                                66266 Scrub Jay Road                                    SUMMARY:    In accordance with the                    activities and procedures related to the
                                                Cape Canaveral                                          requirements of the Privacy Act of 1974,              Department’s processing of FOIA,
                                                Air Force Station FL                                    as amended, 5 U.S.C. 552a, the                        Privacy Act, and administrative appeals
                                                Landholding Agency: NASA                                Department’s Office of the Executive                  requests. The Department’s Office of the
                                                Property Number: 71201620014                            Secretariat proposes to update and                    Executive Secretariat consolidates under
                                                Status: Unutilized                                      reissue a current system of records
                                                Comments: public access denied and no                                                                         one notice processing activities related
                                                                                                        notice (SORN): Freedom of Information                 to FOIA, Privacy Act, and
                                                  alternative method to gain access without             Act (FOIA), Privacy Act, and
                                                  compromising national security.                                                                             administrative appeals requests received
                                                                                                        Administrative Appeals Request Files,                 or issued by the Department. The
                                                Reasons: Secured Area
                                                                                                        ADMIN/AHFDC.01. This SORN was                         revised notice conveys subsequent
                                                Starbase Atlantis Bldg. 1907
                                                                                                        previously titled ‘‘Privacy Act and                   updates to the system’s title, categories
                                                San Carlos Road
                                                Pensacola FL 32508                                      Appeals Request Files,’’ CIO/QMPP.01,                 of individuals covered, categories of
                                                Landholding Agency: Navy                                and published at 79 FR 44854–55                       records, authority for maintenance,
                                                Property Number: 77201620017                            (August 1, 2014). This amendment                      routine uses, storage, safeguards,
                                                Status: Unutilized                                      consolidates under one notice FOIA,                   retention and disposal, system manager
                                                Comments: public access denied and no                   Privacy Act, and administrative appeals               and address, notification procedures,
                                                  alternative method to gain access without             procedures for requests and disclosures
                                                  compromising national security.                                                                             records access and contesting
                                                                                                        and updates the SORN, categories of                   procedures, and records source captions
                                                Reasons: Secured Area                                   individuals covered, categories of                    to identify that the updated notice now
                                                Mississippi                                             records, authority for maintenance,                   includes information related to FOIA
                                                Building 115                                            routine uses, storage, safeguards,                    requests. In addition, this notice
                                                141 Military Drive                                      retention and disposal, system manager                identifies new disclosure requirements
                                                Flowood MS 39232                                        and address, notification procedures,
                                                Landholding Agency: Air Force                                                                                 related to FOIA, by adding routine use
                                                                                                        records access, contesting records                    (6) to clarify that records may be
                                                Property Number: 18201620024                            procedures, and records source
                                                Status: Underutilized                                                                                         provided from this SORN to the
                                                                                                        categories to indicate that the SORN                  National Archives and Records
                                                Comments: public access denied and no
                                                  alternative method to gain access without             now includes FOIA-related records.                    Administration (NARA), Office of
                                                  compromising national security.                       This notice deletes and supersedes                    Government Information Services
                                                Reasons: Secured Area                                   SORN CIO/QMPP.01, Privacy Act and                     (OGIS) for purposes set forth under 5
                                                Ohio                                                    Appeals Request Files. This updated                   U.S.C. 552(h)(2)(A–B) and (3).
                                                                                                        publication will be included in the                   Publication of this notice allows the
                                                Green Lab Research Facility #
                                                                                                        Department’s inventory of SORNs.                      Department to provide up-to-date
                                                21000 Brookpark Road
                                                Brook Park OH 44135                                     Detailed information pertaining to this               information about its systems of records
                                                Landholding Agency: NASA                                amendment appears under the SORN’s                    in a clear and cohesive format. The
                                                Property Number: 71201620013                            ‘‘Supplementary Information’’ caption.                revised system of records incorporates
                                                Status: Unutilized                                      DATES:                                                Federal Privacy Act, FOIA, and HUD
                                                Comments: public access denied and no                      Effective Date: This notice action shall           policy requirements. The Privacy Act
                                                  alternative method to gain access without             be effective immediately, with the
                                                  compromising national security.                                                                             places on Federal agencies principal
                                                                                                        exception of the new routine uses added               responsibility for compliance with its
                                                Reasons: Secured Area
                                                                                                        to the notice, which will become                      provisions, by requiring Federal
                                                Washington                                              effective June 27, 2016.                              agencies to safeguard an individual’s
                                                S. Entrance Security Station                               Comments Due Date: June 27, 2016.                  records against an invasion of personal
                                                (Guard Shack)                                                                                                 privacy; protect the records contained in
                                                                                                        ADDRESSES: Interested persons are
                                                1519 Alaskan Way S.
                                                Seattle WA 98134                                        invited to submit comments regarding                  an agency system of records from
                                                Landholding Agency: Coast Guard                         this notice to the Rules Docket Clerk,                unauthorized disclosure; ensure that the
                                                                                                        Office of General Counsel, Department                 records collected are relevant,
sradovich on DSK3TPTVN1PROD with NOTICES




                                                Property Number: 88201620001
                                                Status: Unutilized                                      of Housing and Urban Development,                     necessary, current, and collected only
                                                Comments: public access denied and no                   451 Seventh Street SW., Room 10276,                   for their intended use; and adequately
                                                  alternative method to gain access without             Washington, DC 20410–0500.                            safeguard the records to prevent misuse
                                                  compromising national security.                       Communications should refer to the                    of such information. In addition, this
                                                Reasons: Secured Area                                   above docket number and title. Faxed                  notice demonstrates the Department’s
                                                [FR Doc. 2016–12245 Filed 5–26–16; 8:45 am]             comments are not accepted. A copy of                  focus on industry best practices and
                                                BILLING CODE 4210–67–P                                  each communication submitted will be                  laws that protect interest such as


                                           VerDate Sep<11>2014   18:00 May 26, 2016   Jkt 238001   PO 00000   Frm 00042   Fmt 4703   Sfmt 4703   E:\FR\FM\27MYN1.SGM   27MYN1


                                                33696                           Federal Register / Vol. 81, No. 103 / Friday, May 27, 2016 / Notices

                                                personal privacy and law enforcement                    subject to the Privacy Act only to the                AUTHORITY FOR MAINTNENACE OF THE SYSTEM:
                                                records from inappropriate release. This                extent that the information pertains to                 Freedom of Information Act, as
                                                notice states the name and location of                  personal information concerning an                    amended, 5 U.S.C 552; Privacy Act, as
                                                the record system, the authority for and                individual (i.e., only the information                amended, 5 U.S.C. 552a.
                                                manner of its operations, the categories                that is personal about the individual
                                                of individuals that it covers, the type of                                                                    PURPOSE(S):
                                                                                                        who is the subject of the record is
                                                records that it contains, the sources of                subject to the Privacy Act). Information                 The purpose of the information
                                                the information for the records, the                    pertaining to corporations, businesses,               maintained by the system is to allow the
                                                routine uses made of the records, and                   and organizations are not subject to the              Department to effectively monitor and
                                                the types of exemptions in place for the                Privacy Act.                                          track FOIA and Privacy Act requests,
                                                records. The notice also includes the                                                                         and administrative appeals received or
                                                business address of the HUD officials                   CATEGORIES OF RECORDS IN THE SYSTEM:                  issued by the Department. The
                                                who will inform interested persons of                                                                         information gathered by the system is
                                                how they may gain access to and/or                         Records in this system may include                 used by the Department to satisfy its
                                                request amendments to records                           information about the handling of FOIA                annual reporting obligations under the
                                                pertaining to themselves.                               and Privacy Act requests and                          FOIA, manage FOIA-related fees and
                                                  Pursuant to the Privacy Act and the                   administrative appeals. The information               calculations, and respond to FOIA and
                                                Office of Management and Budget                         maintained by the system may include:                 Privacy Act requests and appeals.
                                                (OMB) guidelines, a report of the                       (1) Records received, copied, created, or
                                                                                                        compiled during the search and                        ROUTINE USES OF RECORDS MAINTAINED IN THE
                                                amended system of records was                                                                                 SYSTEM, INCLUDING CATEGORIES OF USERS AND
                                                submitted to OMB, the Senate                            processing of initial requests and
                                                                                                                                                              THE PURPOSES OF SUCH USES:
                                                Committee on Homeland Security and                      administrative appeals; (2) fee
                                                                                                        schedules, cost calculations, and costs                 Records from this system may be
                                                Governmental Affairs, and the House
                                                                                                        assessed for processing FOIA requests                 disclosed for routine uses to:
                                                Committee on Oversight and
                                                                                                        (disclosed FOIA records—cost can be                     1. A congressional office from the
                                                Government Reform, as instructed by
                                                                                                        incurred even for records that are not                record of an individual, in response to
                                                paragraph 4c of Appendix l to OMB
                                                                                                        provided to requesters); (3) appeals,                 a verified inquiry from the
                                                Circular No. A–130, ‘‘Federal Agencies
                                                                                                        intra-agency or interagency                           congressional office made at the request
                                                Responsibilities for Maintaining
                                                                                                        memorandums, and correspondence                       of that individual.
                                                Records About Individuals,’’ November
                                                                                                        with the requesters or entities who                     2. The Department of Justice for the
                                                28, 2000.
                                                                                                        submitted the requests and appeals; (4)               purpose of obtaining advice regarding
                                                  Authority: 5 U.S.C. 552a; 88 Stat. 1896; 42                                                                 whether or not the records should be
                                                U.S.C. 3535(d).                                         the Department’s responses and
                                                                                                        transferals to HUD regional/field offices             disclosed, when applicable.
                                                  Dated: April 28, 2016.                                or other agencies; (5) copies of records                3. Student volunteers, individuals
                                                Patricia A. Hoban-Moore,                                disclosed or withheld; (6) requesters’                working under a personal services
                                                Senior Agency Official for Privacy.                     names, organizations, titles, addresses,              contract, and other individuals
                                                                                                        emails, telephone numbers, fax                        performing functions for the
                                                ADMIN/AHFDC.01                                                                                                Department, but technically not having
                                                                                                        numbers, Social Security numbers
                                                SYSTEM NAME:                                            (which may be submitted with                          the status of agency employees, if they
                                                                                                        documentation or as proof of                          need access to the records in order to
                                                  Freedom of Information Act, Privacy
                                                                                                        identification when requesting access to              perform their assigned agency functions.
                                                Act, and Administrative Appeals
                                                                                                        Privacy Act records); (7) information                   4. Contractors, grantees, experts,
                                                Request Files.
                                                                                                        compiled on and about the parties who                 consultants and their agents, or others
                                                SYSTEM LOCATION:                                                                                              performing or working under a contract,
                                                                                                        made written requests or appeals,
                                                   The system is physically located at                                                                        service, grant, or cooperative agreement
                                                                                                        including individuals on whose behalf
                                                the Department of Housing and Urban                                                                           with HUD, when necessary to
                                                                                                        such written requests or appeals were
                                                Development, Office of the Executive                                                                          accomplish the agency function related
                                                                                                        made; (8) FOIA tracking numbers; (9)
                                                Secretariat, 451 Seventh Street SW.,                                                                          to a system of records. Disclosure
                                                                                                        descriptions of the types of requests or
                                                Washington, DC 20410; at the service                                                                          requirements are limited to only those
                                                                                                        appeals, and dates the requests or
                                                providers under contract with HUD, and                                                                        data elements considered relevant to
                                                                                                        appeals were received by the
                                                at HUD regional and field offices 1                                                                           accomplishing an agency function.
                                                                                                        Department; (10) statuses of Department
                                                where, in some cases, FOIA and Privacy                                                                        Individuals provided information under
                                                                                                        responses (i.e., the offices to which the
                                                Act records may be maintained or                                                                              this routine use conditions are subject to
                                                                                                        requests were assigned, the dates by
                                                accessed.                                                                                                     the Privacy Act requirements and
                                                                                                        which responses to assigned request are               disclosure limitations imposed on the
                                                CATEGORIES OF INDIVIDUALS COVERED BY THE                due, the current dispositions of the                  Department.
                                                SYSTEM:                                                 requests); (11) and may include the                     5. Appropriate agencies, entities, and
                                                  This system encompasses all                           requester’s original Privacy Act/FOIA                 persons to the extent such disclosures
                                                individuals who submit FOIA and/or                      requests. The system also includes                    are compatible with the purpose for
                                                Privacy Act requests or administrative                  information on the Department                         which the records in this system were
                                                appeals to the Department. Other                        personnel involved in the processing of               collected, as set forth by Appendix I,
                                                                                                        FOIA and/or Privacy Act requests and
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                                                individuals covered by the system                                                                             HUD’s Routine Use Inventory notice 2
                                                include HUD staff assigned to process a                 appeals (e.g., FOIA staff and/or Privacy              published in the Federal Register.
                                                request and staff that may have                         Act staff, appeals officials, and members               6. The National Archives and Records
                                                responsive records or are mentioned in                  of the Office of General Counsel staff)               Administration, OGIS, to the extent
                                                such records. Note: FOIA requests are                   who respond to requests or appeals and                necessary to allow OGIS to fulfill its
                                                                                                        process any final dispositions. The
                                                  1 http://portal.hud.gov/hudportal/HUD?src=/           system also covers records related to                   2 http://portal.hud.gov/hudportal/documents/

                                                localoffices.                                           requests for OGIS assistance.                         huddoc?id=routine_use_inventory.pdf.



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                                                                                 Federal Register / Vol. 81, No. 103 / Friday, May 27, 2016 / Notices                                                  33697

                                                responsibilities under 5 U.S.C. 552(h) to                authorized personnel, security and                      (3) Specify when you believe the
                                                review administrative agency policies,                   hardware storage of backup material                   records would have been created.
                                                procedures, and compliance with the                      (e.g., disk, tape, CD–ROM) are secured                  (4) Provide any other information that
                                                FOIA, and to offer mediation services to                 in accordance with HUD-wide guidance                  will help the FOIA staff determine
                                                resolve disputes between persons                         for handling and securing information
                                                                                                                                                               which HUD office may have responsive
                                                making FOIA requests and                                 systems and cross-reference data is
                                                                                                                                                               records.
                                                administrative agencies.                                 maintained electronically and access to
                                                   7. To appropriate agencies, entities,                 the records is granted by User ID and                   If you are seeking records pertaining
                                                and persons when:                                        password; and (4) Procedural                          to another living individual, you must
                                                   (a) HUD suspects or has confirmed                     Safeguards: Access to the systems                     obtain a statement from that individual
                                                that the security or confidentiality of                  records is limited to those staff members             certifying their agreement for you to
                                                information in a system of records has                   who are familiar with FOIA- and                       access their records. Without the above
                                                been compromised;                                        Privacy Act-related requests and who                  information, the HUD Office may not be
                                                   (b) HUD has determined that as a                      have a need to know. System managers                  able to conduct an effective search, and
                                                result of the suspected or confirmed                     are held responsible for safeguarding the             your request may be denied due to lack
                                                compromise, there is a risk of harm to                   records that are under their control.                 of specificity or lack of compliance with
                                                economic or property interests, identity                                                                       applicable regulations.
                                                                                                         RETENTION AND DISPOSAL:
                                                theft or fraud, or harm to the security or
                                                integrity of systems or programs                           Computer and paper records will be
                                                                                                                                                               CONTESTING RECORDS PROCEDURES:
                                                (whether maintained by HUD or another                    maintained and disposed of in
                                                agency or entity) that rely upon the                     accordance with published NARA                           The Department’s rules for contesting
                                                compromised information; and                             Transmittal No. 22, General Records                   contents of records and appealing initial
                                                   (c) The disclosure made to such                       Schedule 14, ‘‘Information Services                   denials appear in 24 CFR part 16,
                                                agencies, entities, and persons is                       Records’’.3 Paper records will be                     ‘‘Procedures for Inquiries.’’ Additional
                                                reasonably necessary to assist in                        destroyed by shredding or burning.                    assistance may be obtained by
                                                connection with HUD’s efforts to                         Electronic records will be destroyed                  contacting Frieda B. Edwards, Acting
                                                respond to the suspected or confirmed                    pursuant to NIST Special Publication                  Chief Privacy Officer, 451 Seventh
                                                compromise and prevent, minimize, or                     800–88, ‘‘Guidelines for Media
                                                                                                                                                               Street SW., Room 10139, Washington,
                                                remedy such harm for purposes of                         Sanitization.’’
                                                                                                                                                               DC 20410, or the HUD Departmental
                                                facilitating responses and remediation                   SYSTEM MANAGER(S) AND ADDRESS:                        Privacy Appeals Officer, Office of
                                                efforts in the event of a data breach.                      Frieda B. Edwards, Acting Chief                    General Counsel, Department of
                                                POLICIES AND PRACTICES FOR STORING,
                                                                                                         Privacy Officer, 451 Seventh Street SW.,              Housing and Urban Development, 451
                                                RETRIEVING, ACCESSING, RETAINING, AND                    Room 10139, Washington, DC 20410,                     Seventh Street SW., Room 10110,
                                                DISPOSING OF RECORDS IN THE SYSTEM                       telephone number 202–402–6828 (this                   Washington, DC 20410.
                                                                                                         is not a toll-free number) (refer to the
                                                STORAGE:
                                                                                                         SORN’s location caption for additional                RECORD SOURCE CATEGORIES:
                                                  The originals, or a copy, of the                       locations where Privacy Act records are
                                                incoming requests and the written                        accessed and maintained).                                The source of information is from the
                                                responses are maintained in case file                                                                          individuals making a FOIA request or a
                                                folders and stored in metal file cabinets.               NOTIFICATION AND ACCESS PROCEDURES:                   request for Privacy Act records, and
                                                Cross-reference data is maintained                          For Information, assistance, or                    components of the Department and
                                                electronically and on CD–ROM.                            inquiries about the existence of records,             other agencies that search for and
                                                                                                         contact Frieda B. Edwards, Acting Chief               provide records and related
                                                RETRIEVABILITY:                                          Privacy Officer, 451 Seventh Street SW.,              correspondence maintained in the case
                                                  Electronic and paper records are                       Room 10139, Washington, DC 20410,                     files.
                                                almost always retrieved by the name of                   telephone number 202–402–6828 (this
                                                the individual who made the request,                     is not a toll-free number). When seeking              SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS
                                                the FOIA control number, or the subject                  records about yourself from this system               OF THE ACT:
                                                of the request.                                          of records or any other HUD system of
                                                                                                         records, your request must conform                       Pursuant to 5 U.S.C. 552a(k)(2),
                                                SAFEGUARDS:                                                                                                    records in this system, which reflect
                                                                                                         with the Privacy Act regulations set
                                                   (1) Access Safeguards: Record access                  forth in 24 CFR part 16 ‘‘Procedures for              records that are contained in other
                                                is restricted to FOIA and Privacy Act                    Inquiries’’. You must first verify your               systems of records that are designated as
                                                staff, involved program officials, appeals               identity by providing your full name,                 exempt, are exempt from the
                                                officials, and Office of General Counsel                 current address, and date and place of                requirements of subsections (c)(3), (d),
                                                staff involved in the processing of such                 birth. You must sign your request, and                (e)(1), (e)(4)(G), (H), (I), and (f) of 5
                                                requests; (2) Physical Safeguards: Case                  your signature must either be notarized               U.S.C. 552a. These exemptions apply
                                                file folders are stored in file cabinets                 or submitted under 28 U.S.C. 1746, a                  only to the extent that information in
                                                located in secure areas that are either                  law that permits statements to be made                the system is subject to an exemption
                                                occupied by staff involved in processing                 under penalty of perjury as a substitute              pursuant to 5 U.S.C. 552a (k)(2) or a rule
                                                FOIA and Privacy Act requests and                        for notarization. In addition, your                   promulgated concerning the exemption
                                                administrative appeals or locked up
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                                                                                                         request should:                                       of such records.
                                                during nonworking hours or whenever                         (1) Explain why you believe HUD
                                                staff is not present in these areas, and                                                                       [FR Doc. 2016–12600 Filed 5–26–16; 8:45 am]
                                                                                                         would have information on you.
                                                entrance to the buildings where case                        (2) Identify which HUD office you                  BILLING CODE 4210–67–P
                                                files are maintained is controlled by                    believe has the records about you.
                                                security guards; (3) Logical Access:
                                                Records in the system are maintained in                    3 http://www.archives.gov/records-mgmt/grs/

                                                a secure area with access restricted to                  grs14.html.



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Document Created: 2018-02-07 15:09:27
Document Modified: 2018-02-07 15:09:27
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
ActionSystem of records notice amendment.
DatesEffective Date: This notice action shall be effective immediately, with the exception of the new routine uses added to the notice, which will become effective June 27, 2016.
ContactFrieda B. Edwards, Acting Chief Privacy Officer, 451 Seventh Street SW., Room 10139, Washington, DC 20410, telephone number 202-402-6828 (this is not a toll-free number). Individuals who are hearing- and speech-impaired may access this number via TTY by calling the Federal Relay Service at 800-877-8339 (this is a toll-free number).
FR Citation81 FR 33695 

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