82_FR_10038 82 FR 10012 - Privacy Act of 1974; System of Records

82 FR 10012 - Privacy Act of 1974; System of Records

FEDERAL TRADE COMMISSION

Federal Register Volume 82, Issue 26 (February 9, 2017)

Page Range10012-10014
FR Document2017-02664

The FTC proposes to adopt a new routine use that would permit disclosure of the agency's Freedom of Information Act (``FOIA'') request and appeal records to the Office of Government Information Services (``OGIS''), in order for OGIS to assist FOIA requesters in the processing and resolution of their requests and appeals.

Federal Register, Volume 82 Issue 26 (Thursday, February 9, 2017)
[Federal Register Volume 82, Number 26 (Thursday, February 9, 2017)]
[Notices]
[Pages 10012-10014]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02664]


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FEDERAL TRADE COMMISSION


Privacy Act of 1974; System of Records

AGENCY: Federal Trade Commission (FTC).

ACTION: Proposed routine use; request for public comment.

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SUMMARY: The FTC proposes to adopt a new routine use that would permit 
disclosure of the agency's Freedom of Information Act (``FOIA'') 
request and appeal records to the Office of Government Information 
Services (``OGIS''), in order for OGIS to assist FOIA requesters in the 
processing and resolution of their requests and appeals.

DATES: Comments must be submitted by March 13, 2017. This routine use, 
which is being published in proposed form, shall become final and 
effective April 10, 2017, without further notice unless otherwise 
amended or repealed by the Commission on the basis of any comments 
received.

ADDRESSES: Interested parties are invited to submit written comments by 
following the instructions in the Request for Comment part of the 
SUPPLEMENTARY INFORMATION section below. Comments should refer to 
``Privacy Act of 1974; System of Records: FTC File No. P072104'' to 
facilitate the organization of comments. Please file your comment 
online at https://ftcpublic.commentworks.com/ftc/ogisroutineuse by 
following the instructions on the web-based form. If you prefer to file 
your comment on paper, mail or deliver your comment to the following 
address: Federal Trade Commission, Office of the Secretary, 600 
Pennsylvania Avenue NW., Suite CC-5610 (Annex J), Washington, DC 20580, 
or deliver your comment to the following address: Federal Trade 
Commission, Office of the Secretary, Constitution Center, 400 7th 
Street SW., 5th Floor, Suite 5610 (Annex J), Washington, DC 20024.

FOR FURTHER INFORMATION CONTACT: G. Richard Gold and Alex Tang, 
Attorneys, Office of the General Counsel, FTC, 600 Pennsylvania Avenue 
NW., Washington, DC 20580, (202) 326-2424.

SUPPLEMENTARY INFORMATION: 

Request for Comments

    You can file a comment online or on paper. Write ``Privacy Act of 
1974; System of Records: FTC File No. P072104'' on your comment. Your 
comment--including your name and your state--will be placed on the 
public record of this proceeding, including, to the extent practicable, 
on the public Commission Web site, at http://www.ftc.gov/os/publiccomments.shtm. As a matter of discretion, the Commission tries to 
remove individuals' home contact information from comments before 
placing them on the Commission Web site.
    Because your comment will be made public, you are solely 
responsible for making sure that your comment does not include any 
sensitive personal information, such as a Social Security number, date 
of birth, driver's license number or other state identification number 
or foreign country equivalent, passport number, financial account 
number, or credit or debit card number. You are also solely responsible 
for making sure that your comment does not include any sensitive health 
information, such as medical records or other individually identifiable 
health information. In addition, do not include any ``[t]rade secret or 
any commercial or financial information which is . . . privileged or 
confidential,'' as discussed in Section 6(f) of the FTC Act, 15 U.S.C. 
46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). In particular, do 
not include competitively sensitive information such as costs, sales 
statistics, inventories, formulas, patterns, devices, manufacturing 
processes, or customer names.
    If you want the Commission to give your comment confidential 
treatment, you must file it in paper form, with a request for 
confidential treatment, and you must follow the procedure explained in 
FTC Rule 4.9(c), 16 CFR 4.9(c).\1\ Your comment will be kept 
confidential only if the FTC General Counsel grants your request in 
accordance with the law and the public interest. Postal mail addressed 
to the Commission is subject to delay due to heightened security 
screening. As a result, the Commission encourages you to submit your 
comments online. To make sure that the Commission considers your online 
comment, you must file it at https://ftcpublic.commentworks.com/ftc/ogisroutineuse by following the instructions on the web-based form. If 
this Notice appears at http://www.regulations.gov, you also may file a 
comment through that Web site.
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    \1\ In particular, the written request for confidential 
treatment that accompanies the comment must include the factual and 
legal basis for the request, and must identify the specific portions 
of the comment to be withheld from the public record. See FTC Rule 
4.9(c), 16 CFR 4.9(c).
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    If you file your comment on paper, write ``Privacy Act of 1974; 
System of Records: FTC File No. P072104'' on your comment and on the 
envelope, and mail it to the following address: Federal Trade 
Commission, Office of the

[[Page 10013]]

Secretary, 600 Pennsylvania Avenue NW., Suite CC-5610 (Annex J), 
Washington, DC 20580, or deliver your comment to the following address: 
Federal Trade Commission, Office of the Secretary, Constitution Center, 
400 7th Street SW., 5th Floor, Suite 5610 (Annex J), Washington, DC 
20024. If possible, submit your paper comment to the Commission by 
courier or overnight service.
    The FTC Act and other laws that the Commission administers permit 
the collection of public comments to consider and use in this 
proceeding as appropriate. The Commission will consider all timely and 
responsive public comments that it receives on or before March 13, 
2017. You can find more information, including routine uses permitted 
by the Privacy Act, in the Commission's privacy policy, at http://www.ftc.gov/ftc/privacy.htm.

Analysis To Aid Public Comment

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, this 
document provides public notice that the FTC is proposing to adopt a 
new ``routine use'' to the agency's Privacy Act System of Records 
Notice (``SORN'') on Freedom of Information Act (``FOIA'') Requests and 
Appeals, FTC-V-1.\2\ This routine use will authorize the FTC to 
disclose FOIA request and appeal records covered by FTC-V-1 to the 
Office of Government Information Services (``OGIS''), in order for OGIS 
to assist requesters in the processing and resolution of their requests 
and appeals.
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    \2\ This SORN, and the SORNs for all of the agency's other 
Privacy Act records systems, can be viewed on the FTC's Web site at 
https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems.
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    The OPEN Government Act of 2007 amended the Freedom of Information 
Act and created OGIS within the National Archives and Records 
Administration (``NARA''). The 2007 FOIA amendments require OGIS to 
review agency FOIA policies, procedures, and compliance, and to offer 
mediation services to resolve disputes between FOIA requesters and 
agencies. See 5 U.S.C. 552(h).
    In order for OGIS to fulfill its statutory responsibilities, it 
requires access to FOIA request files originated and maintained by 
federal agencies including the FTC. However, because the FOIA request 
and appeal records covered by FTC-V-1 are governed by the Privacy Act 
of 1974, their disclosure normally requires the prior written consent 
of the individual to whom the records pertain (including, for example, 
an individual filing a FOIA request), unless the agency has published a 
routine use authorizing disclosure.
    The Privacy Act authorizes the agency to adopt routine uses that 
are consistent with the purpose for which information is collected. 5 
U.S.C. 552a(b)(3); see also 5 U.S.C. 552a(a)(7). The FTC believes that 
it is consistent with the purposes for which the FOIA request and 
appeal records covered by FTC-V-1 are collected to disclose such 
records routinely to OGIS to help OGIS mediate between individual FOIA 
requesters and agencies and ensure compliance with the FOIA statute. If 
agencies do not establish a ``routine use'' to provide for this 
proposed disclosure, OGIS would have to obtain the written consent of 
the individual FOIA requesters in order to obtain the access it 
requires to assist that requester. Simplifying the procedure for 
exchanging information would increase the efficiency of the FOIA 
administrative process. FTC staff understands that obtaining such 
consent has proven more complicated in some circumstances, e.g., when 
an agency, rather than the individual FOIA requester, seeks OGIS's 
assistance to mediate between the agency and the individual FOIA 
requester. Accordingly, the Commission concludes that it is authorized 
under the Privacy Act to adopt a routine use permitting disclosure of 
Privacy Act records for such purposes.
    In accordance with the Privacy Act, see 5 U.S.C. 552a(e)(4) and 
(11), the FTC is publishing notice of this routine use and giving the 
public a 30-day period to comment before adopting it as final. The FTC 
has provided advance notice of this proposed system notice amendment to 
OMB and the Congress, as required by the Act, 5 U.S.C. 552a(r), and OMB 
Circular A-108 (2016). The text of the proposed routine use is taken 
from the routine use that has already been published in final form by 
the Department of Justice after public comment. See 77 FR 26580 (May 4, 
2012). Accordingly, as set forth below, the Commission proposes a new 
routine use to become effective on the date noted earlier, unless the 
Commission amends or revokes the routine use on the basis of any 
comments received.
    In light of the updated SORN template set forth in the newly 
revised OMB Circular A-108, the FTC is reprinting the text of the 
entire SORN, including the proposed new routine use, for the public's 
benefit, to read as follows:
* * * * *

V. FTC Access Requests

SYSTEM NAME AND NUMBER:
    Freedom of Information Act Requests and Appeals-FTC (FTC-V-1).

SECURITY CLASSIFICATION:
    Not applicable.

SYSTEM LOCATION:
    Federal Trade Commission, 600 Pennsylvania Avenue NW., Washington, 
DC 20580. See Appendix III for other locations where records may be 
maintained or accessed.

SYSTEM MANAGER(S):
    FOIA/PA Supervisor, Office of General Counsel, Federal Trade 
Commission, 600 Pennsylvania Avenue NW., Washington, DC 20580.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Federal Trade Commission Act, 15 U.S.C. 41 et seq.; Freedom of 
Information Act, 5 U.S.C. 552.

PURPOSE(S) OF THE SYSTEM:
    To consider requests and appeals for access to records under the 
Freedom of Information Act; to determine the status of requested 
records; to respond to the requests and appeals; to make copies of FOIA 
requests and frequently requested records available publicly, under the 
FTC's Rules of Practice and FOIA; to maintain records, documenting the 
consideration and disposition of the requests for reporting, analysis, 
and recordkeeping purposes.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals filing requests for access to information under the 
Freedom of Information Act (FOIA); individuals named in the FOIA 
request; FTC staff assigned to help process, consider, and respond to 
such requests, including any appeals.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Communications (e.g., letters, emails) to and from the requesting 
party; agency documents generated or collected during processing and 
consideration of the request, including scanned copies of materials 
responsive to the FOIA request.

RECORD SOURCE CATEGORIES:
    Individual about whom the record is maintained and agency staff 
assigned to help process, review, or respond to the access request, 
including any appeal.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    (1) Request and appeal letters, and agency letters responding 
thereto, are

[[Page 10014]]

placed on the FTC's public record and available to the public for 
routine inspection and copying. See FTC-I-6 (Public Records-FTC).
    (2) As required by the FOIA, records that have been ``frequently 
requested'' and disclosed under the FOIA within the meaning of that 
Act, as determined by the FTC, are made available to the public for 
routine inspection and copying. See FTC-I-6 (Public Records-FTC).
    (3) Disclosure 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 
Freedom of Information Act (FOIA), and to facilitate OGIS's offering of 
mediation services to resolve disputes between persons making FOIA 
requests and administrative agencies.
    See also Appendix I for other ways that the Privacy Act permits the 
FTC to use or disclose system records outside the agency.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are maintained electronically using a commercial software 
application run on the agency's internal servers. Temporary paper files 
are destroyed once the request is complete.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Indexed by name of requesting party and subject matter of request. 
Records can also be searched by name, address, phone number, fax 
number, and email of the requesting party, subject matter of the 
request, requestor organization, FOIA number, and staff member assigned 
to the request.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are retained and disposed of in accordance with General 
Records Schedule 14.11-14.15, issued by the National Archives and 
Records Administration.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Requests, appeals, and responses available to the public, as 
described above. Access to nonpublic system records is restricted to 
FTC personnel or contractors whose responsibilities require access. 
Nonpublic paper records are temporary, maintained in lockable file 
cabinets or offices, and destroyed once the request is complete. Access 
to electronic records is controlled by ``user ID'' and password 
combination and other electronic access or network controls (e.g., 
firewalls). FTC buildings are guarded and monitored by security 
personnel, cameras, ID checks, and other physical security measures.

RECORD ACCESS PROCEDURES:
    See Appendix II.

CONTESTING RECORD PROCEDURES:
    See Appendix II.

NOTIFICATION PROCEDURES:
    See Appendix II.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    Records contained in this system that have been placed on the FTC 
public record are available upon request, as discussed above. However, 
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. See 
Sec.  4.13(m) of the FTC Rules of Practice, 16 CFR 4.13(m).

History:
    73 FR 33591-33634 (June 12, 2008).

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2017-02664 Filed 2-8-17; 8:45 am]
BILLING CODE 6750-01-P



                                                10012                       Federal Register / Vol. 82, No. 26 / Thursday, February 9, 2017 / Notices

                                                practices in violation of Section 5(a) of               FEDERAL TRADE COMMISSION                              www.ftc.gov/os/publiccomments.shtm.
                                                the FTC Act.                                                                                                  As a matter of discretion, the
                                                   The proposed consent order contains                  Privacy Act of 1974; System of                        Commission tries to remove individuals’
                                                provisions designed to prevent                          Records                                               home contact information from
                                                respondent from engaging in similar                                                                           comments before placing them on the
                                                                                                        AGENCY:    Federal Trade Commission
                                                acts and practices in the future.                                                                             Commission Web site.
                                                                                                        (FTC).
                                                Consistent with the FTC’s Enforcement                                                                            Because your comment will be made
                                                Policy Statement on U.S. Origin Claims,                 ACTION: Proposed routine use; request                 public, you are solely responsible for
                                                Part I prohibits iSpring from making                    for public comment.                                   making sure that your comment does
                                                U.S.-origin claims for its products                     SUMMARY:    The FTC proposes to adopt a               not include any sensitive personal
                                                unless either: (1) The final assembly or                new routine use that would permit                     information, such as a Social Security
                                                processing of the product occurs in the                 disclosure of the agency’s Freedom of                 number, date of birth, driver’s license
                                                United States, all significant processing               Information Act (‘‘FOIA’’) request and                number or other state identification
                                                that goes into the product occurs in the                appeal records to the Office of                       number or foreign country equivalent,
                                                United States, and all or virtually all                 Government Information Services                       passport number, financial account
                                                ingredients or components of the                        (‘‘OGIS’’), in order for OGIS to assist               number, or credit or debit card number.
                                                product are made and sourced in the                     FOIA requesters in the processing and                 You are also solely responsible for
                                                United States; or (2) a clear and                       resolution of their requests and appeals.             making sure that your comment does
                                                conspicuous qualification appears                       DATES: Comments must be submitted by
                                                                                                                                                              not include any sensitive health
                                                immediately adjacent to the                             March 13, 2017. This routine use, which               information, such as medical records or
                                                representation that accurately conveys                  is being published in proposed form,                  other individually identifiable health
                                                the extent to which the product contains                shall become final and effective April                information. In addition, do not include
                                                foreign parts, ingredients, and/or                      10, 2017, without further notice unless               any ‘‘[t]rade secret or any commercial or
                                                processing.                                             otherwise amended or repealed by the                  financial information which is . . .
                                                   Part II prohibits respondent from                    Commission on the basis of any                        privileged or confidential,’’ as discussed
                                                making any ‘‘Made in the USA’’ or other                 comments received.                                    in Section 6(f) of the FTC Act, 15 U.S.C.
                                                country-of-origin claim about a product                                                                       46(f), and FTC Rule 4.10(a)(2), 16 CFR
                                                                                                        ADDRESSES: Interested parties are
                                                or service unless the claim is true, not                                                                      4.10(a)(2). In particular, do not include
                                                                                                        invited to submit written comments by                 competitively sensitive information
                                                misleading, and respondent has a                        following the instructions in the
                                                reasonable basis substantiating the                                                                           such as costs, sales statistics,
                                                                                                        Request for Comment part of the                       inventories, formulas, patterns, devices,
                                                representation.                                         SUPPLEMENTARY INFORMATION section
                                                   Parts III through VI are reporting and                                                                     manufacturing processes, or customer
                                                                                                        below. Comments should refer to                       names.
                                                compliance provisions. Part III requires                ‘‘Privacy Act of 1974; System of
                                                respondent to acknowledge receipt of                                                                             If you want the Commission to give
                                                                                                        Records: FTC File No. P072104’’ to                    your comment confidential treatment,
                                                the order, to provide a copy of the order               facilitate the organization of comments.
                                                to certain current and future principals,                                                                     you must file it in paper form, with a
                                                                                                        Please file your comment online at                    request for confidential treatment, and
                                                officers, directors, and employees, and                 https://ftcpublic.commentworks.com/
                                                to obtain an acknowledgement from                                                                             you must follow the procedure
                                                                                                        ftc/ogisroutineuse by following the                   explained in FTC Rule 4.9(c), 16 CFR
                                                each such person that they have                         instructions on the web-based form. If
                                                received a copy of the order. Part IV                                                                         4.9(c).1 Your comment will be kept
                                                                                                        you prefer to file your comment on                    confidential only if the FTC General
                                                requires the filing of compliance reports               paper, mail or deliver your comment to
                                                within one year after the order becomes                                                                       Counsel grants your request in
                                                                                                        the following address: Federal Trade                  accordance with the law and the public
                                                final and within 14 days of any change                  Commission, Office of the Secretary,
                                                in respondent that would affect                                                                               interest. Postal mail addressed to the
                                                                                                        600 Pennsylvania Avenue NW., Suite                    Commission is subject to delay due to
                                                compliance with the order. Part V                       CC–5610 (Annex J), Washington, DC
                                                requires respondent to maintain certain                                                                       heightened security screening. As a
                                                                                                        20580, or deliver your comment to the                 result, the Commission encourages you
                                                records, including records necessary to                 following address: Federal Trade
                                                demonstrate compliance with the order.                                                                        to submit your comments online. To
                                                                                                        Commission, Office of the Secretary,                  make sure that the Commission
                                                Part VI requires respondent to submit                   Constitution Center, 400 7th Street SW.,
                                                additional compliance reports when                                                                            considers your online comment, you
                                                                                                        5th Floor, Suite 5610 (Annex J),                      must file it at https://
                                                requested by the Commission and to                      Washington, DC 20024.
                                                permit the Commission or its                                                                                  ftcpublic.commentworks.com/ftc/
                                                                                                        FOR FURTHER INFORMATION CONTACT: G.                   ogisroutineuse by following the
                                                representatives to interview
                                                                                                        Richard Gold and Alex Tang, Attorneys,                instructions on the web-based form. If
                                                respondent’s personnel.
                                                   Finally, Part VII is a ‘‘sunset’’                    Office of the General Counsel, FTC, 600               this Notice appears at http://
                                                provision, terminating the order after                  Pennsylvania Avenue NW., Washington,                  www.regulations.gov, you also may file
                                                twenty (20) years, with certain                         DC 20580, (202) 326–2424.                             a comment through that Web site.
                                                exceptions.                                             SUPPLEMENTARY INFORMATION:                               If you file your comment on paper,
                                                   The purpose of this analysis is to aid                                                                     write ‘‘Privacy Act of 1974; System of
                                                                                                        Request for Comments                                  Records: FTC File No. P072104’’ on
                                                public comment on the proposed order.
                                                It is not intended to constitute an                       You can file a comment online or on                 your comment and on the envelope, and
                                                                                                        paper. Write ‘‘Privacy Act of 1974;
sradovich on DSK3GMQ082PROD with NOTICES




                                                official interpretation of the proposed                                                                       mail it to the following address: Federal
                                                order or to modify its terms in any way.                System of Records: FTC File No.                       Trade Commission, Office of the
                                                                                                        P072104’’ on your comment. Your
                                                  By direction of the Commission.                       comment—including your name and                          1 In particular, the written request for confidential

                                                Donald S. Clark,                                        your state—will be placed on the public               treatment that accompanies the comment must
                                                Secretary.                                                                                                    include the factual and legal basis for the request,
                                                                                                        record of this proceeding, including, to              and must identify the specific portions of the
                                                [FR Doc. 2017–02663 Filed 2–8–17; 8:45 am]              the extent practicable, on the public                 comment to be withheld from the public record. See
                                                BILLING CODE 6750–01–P                                  Commission Web site, at http://                       FTC Rule 4.9(c), 16 CFR 4.9(c).



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                                                                            Federal Register / Vol. 82, No. 26 / Thursday, February 9, 2017 / Notices                                            10013

                                                Secretary, 600 Pennsylvania Avenue                      unless the agency has published a                     V. FTC Access Requests
                                                NW., Suite CC–5610 (Annex J),                           routine use authorizing disclosure.
                                                Washington, DC 20580, or deliver your                                                                         SYSTEM NAME AND NUMBER:
                                                                                                           The Privacy Act authorizes the agency
                                                comment to the following address:                       to adopt routine uses that are consistent               Freedom of Information Act Requests
                                                Federal Trade Commission, Office of the                                                                       and Appeals–FTC (FTC–V–1).
                                                                                                        with the purpose for which information
                                                Secretary, Constitution Center, 400 7th
                                                                                                        is collected. 5 U.S.C. 552a(b)(3); see also           SECURITY CLASSIFICATION:
                                                Street SW., 5th Floor, Suite 5610
                                                                                                        5 U.S.C. 552a(a)(7). The FTC believes                    Not applicable.
                                                (Annex J), Washington, DC 20024. If
                                                possible, submit your paper comment to                  that it is consistent with the purposes
                                                                                                                                                              SYSTEM LOCATION:
                                                the Commission by courier or overnight                  for which the FOIA request and appeal
                                                                                                        records covered by FTC–V–1 are                          Federal Trade Commission, 600
                                                service.                                                                                                      Pennsylvania Avenue NW., Washington,
                                                  The FTC Act and other laws that the                   collected to disclose such records
                                                                                                        routinely to OGIS to help OGIS mediate                DC 20580. See Appendix III for other
                                                Commission administers permit the                                                                             locations where records may be
                                                collection of public comments to                        between individual FOIA requesters and
                                                                                                        agencies and ensure compliance with                   maintained or accessed.
                                                consider and use in this proceeding as
                                                appropriate. The Commission will                        the FOIA statute. If agencies do not                  SYSTEM MANAGER(S):
                                                consider all timely and responsive                      establish a ‘‘routine use’’ to provide for              FOIA/PA Supervisor, Office of
                                                public comments that it receives on or                  this proposed disclosure, OGIS would                  General Counsel, Federal Trade
                                                before March 13, 2017. You can find                     have to obtain the written consent of the             Commission, 600 Pennsylvania Avenue
                                                more information, including routine                     individual FOIA requesters in order to                NW., Washington, DC 20580.
                                                uses permitted by the Privacy Act, in                   obtain the access it requires to assist
                                                the Commission’s privacy policy, at                                                                           AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
                                                                                                        that requester. Simplifying the
                                                http://www.ftc.gov/ftc/privacy.htm.                     procedure for exchanging information                    Federal Trade Commission Act, 15
                                                                                                        would increase the efficiency of the                  U.S.C. 41 et seq.; Freedom of
                                                Analysis To Aid Public Comment                                                                                Information Act, 5 U.S.C. 552.
                                                                                                        FOIA administrative process. FTC staff
                                                   In accordance with the Privacy Act of                understands that obtaining such consent               PURPOSE(S) OF THE SYSTEM:
                                                1974, 5 U.S.C. 552a, this document                      has proven more complicated in some
                                                provides public notice that the FTC is                                                                          To consider requests and appeals for
                                                                                                        circumstances, e.g., when an agency,                  access to records under the Freedom of
                                                proposing to adopt a new ‘‘routine use’’
                                                                                                        rather than the individual FOIA                       Information Act; to determine the status
                                                to the agency’s Privacy Act System of
                                                                                                        requester, seeks OGIS’s assistance to                 of requested records; to respond to the
                                                Records Notice (‘‘SORN’’) on Freedom
                                                                                                        mediate between the agency and the                    requests and appeals; to make copies of
                                                of Information Act (‘‘FOIA’’) Requests
                                                and Appeals, FTC–V–1.2 This routine                     individual FOIA requester. Accordingly,               FOIA requests and frequently requested
                                                use will authorize the FTC to disclose                  the Commission concludes that it is                   records available publicly, under the
                                                FOIA request and appeal records                         authorized under the Privacy Act to                   FTC’s Rules of Practice and FOIA; to
                                                covered by FTC–V–1 to the Office of                     adopt a routine use permitting                        maintain records, documenting the
                                                Government Information Services                         disclosure of Privacy Act records for                 consideration and disposition of the
                                                (‘‘OGIS’’), in order for OGIS to assist                 such purposes.                                        requests for reporting, analysis, and
                                                requesters in the processing and                           In accordance with the Privacy Act,                recordkeeping purposes.
                                                resolution of their requests and appeals.               see 5 U.S.C. 552a(e)(4) and (11), the FTC             CATEGORIES OF INDIVIDUALS COVERED BY THE
                                                   The OPEN Government Act of 2007                      is publishing notice of this routine use              SYSTEM:
                                                amended the Freedom of Information                      and giving the public a 30-day period to                Individuals filing requests for access
                                                Act and created OGIS within the                         comment before adopting it as final. The              to information under the Freedom of
                                                National Archives and Records                           FTC has provided advance notice of this               Information Act (FOIA); individuals
                                                Administration (‘‘NARA’’). The 2007                     proposed system notice amendment to                   named in the FOIA request; FTC staff
                                                FOIA amendments require OGIS to                         OMB and the Congress, as required by                  assigned to help process, consider, and
                                                review agency FOIA policies,                            the Act, 5 U.S.C. 552a(r), and OMB                    respond to such requests, including any
                                                procedures, and compliance, and to                                                                            appeals.
                                                                                                        Circular A–108 (2016). The text of the
                                                offer mediation services to resolve
                                                                                                        proposed routine use is taken from the                CATEGORIES OF RECORDS IN THE SYSTEM:
                                                disputes between FOIA requesters and
                                                agencies. See 5 U.S.C. 552(h).                          routine use that has already been
                                                                                                                                                                Communications (e.g., letters, emails)
                                                   In order for OGIS to fulfill its                     published in final form by the                        to and from the requesting party; agency
                                                statutory responsibilities, it requires                 Department of Justice after public                    documents generated or collected
                                                access to FOIA request files originated                 comment. See 77 FR 26580 (May 4,                      during processing and consideration of
                                                and maintained by federal agencies                      2012). Accordingly, as set forth below,               the request, including scanned copies of
                                                including the FTC. However, because                     the Commission proposes a new routine                 materials responsive to the FOIA
                                                the FOIA request and appeal records                     use to become effective on the date                   request.
                                                covered by FTC–V–1 are governed by                      noted earlier, unless the Commission
                                                                                                        amends or revokes the routine use on                  RECORD SOURCE CATEGORIES:
                                                the Privacy Act of 1974, their disclosure
                                                normally requires the prior written                     the basis of any comments received.                     Individual about whom the record is
                                                consent of the individual to whom the                                                                         maintained and agency staff assigned to
                                                                                                           In light of the updated SORN template
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                                                records pertain (including, for example,                                                                      help process, review, or respond to the
                                                                                                        set forth in the newly revised OMB
                                                an individual filing a FOIA request),                                                                         access request, including any appeal.
                                                                                                        Circular A–108, the FTC is reprinting
                                                                                                        the text of the entire SORN, including                ROUTINE USES OF RECORDS MAINTAINED IN THE
                                                  2 ThisSORN, and the SORNs for all of the              the proposed new routine use, for the                 SYSTEM, INCLUDING CATEGORIES OF USERS AND
                                                agency’s other Privacy Act records systems, can be                                                            THE PURPOSES OF SUCH USES:
                                                viewed on the FTC’s Web site at https://                public’s benefit, to read as follows:
                                                www.ftc.gov/about-ftc/foia/foia-reading-rooms/          *      *     *     *    *                               (1) Request and appeal letters, and
                                                privacy-act-systems.                                                                                          agency letters responding thereto, are


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                                                10014                       Federal Register / Vol. 82, No. 26 / Thursday, February 9, 2017 / Notices

                                                placed on the FTC’s public record and                   controls (e.g., firewalls). FTC buildings                Date: February 15th–16th, 2017 (Open
                                                available to the public for routine                     are guarded and monitored by security                      from 8:00 a.m. to 8:30 a.m. on
                                                inspection and copying. See FTC–I–6                     personnel, cameras, ID checks, and                         February 15th and closed for
                                                (Public Records–FTC).                                   other physical security measures.                          remainder of the meeting)
                                                  (2) As required by the FOIA, records                                                                        3. Health System and Value Research
                                                                                                        RECORD ACCESS PROCEDURES:
                                                that have been ‘‘frequently requested’’                                                                            (HSVR)
                                                and disclosed under the FOIA within                       See Appendix II.
                                                the meaning of that Act, as determined                                                                           Date: February 22nd–23rd, 2017
                                                                                                        CONTESTING RECORD PROCEDURES:                              (Open from 8:30 a.m. to 9:00 a.m.
                                                by the FTC, are made available to the
                                                public for routine inspection and                         See Appendix II.                                         on February 22nd and closed for
                                                copying. See FTC–I–6 (Public Records–                                                                              remainder of the meeting)
                                                                                                        NOTIFICATION PROCEDURES:
                                                FTC).                                                                                                         4. Health Care Research and Training
                                                                                                          See Appendix II.
                                                  (3) Disclosure to the National                                                                                   (HCRT)
                                                Archives and Records Administration,                    EXEMPTIONS PROMULGATED FOR THE SYSTEM:                   Date: February 23rd–24th 2017 (Open
                                                Office of Government Information                          Records contained in this system that                    from 8:00 a.m. to 8:30 a.m. on
                                                Services (OGIS), to the extent necessary                have been placed on the FTC public                         February 23rd and closed for
                                                to fulfill its responsibilities in 5 U.S.C.             record are available upon request, as                      remainder of the meeting)
                                                552(h), to review administrative agency                 discussed above. However, pursuant to
                                                policies, procedures, and compliance                                                                          5. Healthcare Information Technology
                                                                                                        5 U.S.C. 552a(k)(2), records in this                       Research (HITR)
                                                with the Freedom of Information Act                     system, which reflect records that are
                                                (FOIA), and to facilitate OGIS’s offering               contained in other systems of records                    Date: February 22nd–24th, 2017
                                                of mediation services to resolve disputes               that are designated as exempt, are                         (Open from 5:00 p.m. to 5:30 p.m.
                                                between persons making FOIA requests                    exempt from the requirements of                            on February 22nd and closed for
                                                and administrative agencies.                            subsections (c)(3), (d), (e)(1), (e)(4)(G),                remainder of the meeting)
                                                  See also Appendix I for other ways                    (H), (I), and (f) of 5 U.S.C. 552a. See
                                                that the Privacy Act permits the FTC to                                                                       ADDRESS:  (below specifics where each
                                                                                                        § 4.13(m) of the FTC Rules of Practice,               hotel will be held)
                                                use or disclose system records outside                  16 CFR 4.13(m).
                                                the agency.                                                                                                   Hilton Rockville, 1750 Rockville Pike,
                                                                                                        HISTORY:
                                                POLICIES AND PRACTICES FOR STORAGE OF                                                                           Rockville, MD 20857
                                                RECORDS:                                                  73 FR 33591–33634 (June 12, 2008).
                                                                                                                                                              FOR FURTHER INFORMATION CONTACT:    (to
                                                  Records are maintained electronically                   By direction of the Commission.                     obtain a roster of members, agenda or
                                                using a commercial software application                 Donald S. Clark,                                      minutes of the non-confidential portions
                                                run on the agency’s internal servers.                   Secretary.                                            of the meetings.)
                                                Temporary paper files are destroyed                     [FR Doc. 2017–02664 Filed 2–8–17; 8:45 am]
                                                once the request is complete.                           BILLING CODE 6750–01–P
                                                                                                                                                              Mrs. Bonnie Campbell, Committee
                                                                                                                                                               Management Officer, Office of
                                                POLICIES AND PRACTICES FOR RETRIEVAL OF
                                                                                                                                                               Extramural Research Education and
                                                RECORDS:
                                                                                                                                                               Priority Populations, Agency for
                                                  Indexed by name of requesting party                   DEPARTMENT OF HEALTH AND
                                                                                                                                                               Healthcare Research and Quality
                                                and subject matter of request. Records                  HUMAN SERVICES
                                                                                                                                                               (AHRQ), 5600 Fishers Lane,
                                                can also be searched by name, address,                                                                         Rockville, Maryland 20857,
                                                phone number, fax number, and email                     Agency for Healthcare Research and
                                                                                                        Quality                                                Telephone (301) 427–1554.
                                                of the requesting party, subject matter of
                                                the request, requestor organization,                                                                          SUPPLEMENTARY INFORMATION:
                                                                                                        Notice of Meetings
                                                FOIA number, and staff member                                                                                   In accordance with section 10(a)(2) of
                                                assigned to the request.                                AGENCY: Agency for Healthcare Research                the Federal Advisory Committee Act (5
                                                                                                        and Quality (AHRQ), HHS.                              U.S.C. App. 2), AHRQ announces
                                                POLICIES AND PRACTICES FOR RETENTION AND
                                                DISPOSAL OF RECORDS:                                    ACTION: Notice of five AHRQ                           meetings of the above-listed scientific
                                                  Records are retained and disposed of                  subcommittee meetings.                                peer review groups, which are
                                                in accordance with General Records                                                                            subcommittees of AHRQ’s Health
                                                                                                        SUMMARY:   The subcommittees listed                   Services Research Initial Review Group
                                                Schedule 14.11–14.15, issued by the                     below are part of AHRQ’s Health
                                                National Archives and Records                                                                                 Committees. Each subcommittee
                                                                                                        Services Research Initial Review Group                meeting will commence in open session
                                                Administration.                                         Committee. Grant applications are to be               before closing to the public for the
                                                ADMINISTRATIVE, TECHNICAL, AND PHYSICAL                 reviewed and discussed at these                       duration of the meeting. The
                                                SAFEGUARDS:                                             meetings. Each subcommittee meeting                   subcommittee meetings will be closed to
                                                   Requests, appeals, and responses                     will commence in open session before                  the public in accordance with the
                                                available to the public, as described                   closing to the public for the duration of             provisions set forth in 5 U.S.C. App. 2
                                                above. Access to nonpublic system                       the meeting.                                          section 10(d), 5 U.S.C. 552b(c)(4), and 5
                                                records is restricted to FTC personnel or               DATES: See below for dates of meetings:               U.S.C. 552b(c)(6) The grant applications
                                                contractors whose responsibilities                      1. Healthcare Effectiveness and                       and the discussions could disclose
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                                                require access. Nonpublic paper records                      Outcomes Research (HEOR)                         confidential trade secrets or commercial
                                                are temporary, maintained in lockable                      Date: February 8th–9th, 2017 (Open                 property such as patentable material,
                                                file cabinets or offices, and destroyed                      from 8:30 a.m. to 9:00 a.m. on                   and personal information concerning
                                                once the request is complete. Access to                      February 8th and closed for                      individuals associated with the grant
                                                electronic records is controlled by ‘‘user                   remainder of the meeting)                        applications, the disclosure of which
                                                ID’’ and password combination and                       2. Healthcare Safety and Quality                      would constitute a clearly unwarranted
                                                other electronic access or network                           Improvement Research (HSQR)                      invasion of personal privacy.


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Document Created: 2017-02-09 01:02:43
Document Modified: 2017-02-09 01:02:43
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
ActionProposed routine use; request for public comment.
DatesComments must be submitted by March 13, 2017. This routine use, which is being published in proposed form, shall become final and effective April 10, 2017, without further notice unless otherwise amended or repealed by the Commission on the basis of any comments received.
ContactG. Richard Gold and Alex Tang, Attorneys, Office of the General Counsel, FTC, 600 Pennsylvania Avenue NW., Washington, DC 20580, (202) 326-2424.
FR Citation82 FR 10012 

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