83_FR_12627 83 FR 12571 - Privacy Act of 1974; System of Records

83 FR 12571 - Privacy Act of 1974; System of Records

DEPARTMENT OF EDUCATION

Federal Register Volume 83, Issue 56 (March 22, 2018)

Page Range12571-12575
FR Document2018-05886

In accordance with the Privacy Act of 1974, as amended (Privacy Act), the Department of Education (Department) publishes this notice of a modified system of records entitled ``Complaint Files and Log'' (18-08-01). The system contains information on individuals or groups of individuals who have made civil rights complaints to the Office for Civil Rights (OCR). The information maintained in the system will consist of one or more of the following: Names, addresses, and telephone numbers of complainants, complaint allegations, and results of investigations; correspondence related to the complaint; investigator and attorney memoranda; interview notes or transcriptions and witness statements; documents gathered during an investigation and charts, prepared exhibits, or other analytical materials prepared by OCR staff or by consultants retained by OCR. The information that will form the modified system of records will be collected through complaint investigation files. The information will be used to fulfill the requirement outlined in Federal law.

Federal Register, Volume 83 Issue 56 (Thursday, March 22, 2018)
[Federal Register Volume 83, Number 56 (Thursday, March 22, 2018)]
[Notices]
[Pages 12571-12575]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05886]


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DEPARTMENT OF EDUCATION

[Docket ID ED-2017-OCR-0094]


Privacy Act of 1974; System of Records

AGENCY: Office for Civil Rights, Department of Education.

ACTION: Notice of a modified system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended 
(Privacy Act), the Department of Education (Department) publishes this 
notice of a modified system of records entitled ``Complaint Files and 
Log'' (18-08-01). The system contains information on individuals or 
groups of individuals who have made civil rights complaints to the 
Office for Civil Rights (OCR). The information maintained in the system 
will consist of one or more of the following: Names, addresses, and 
telephone numbers of complainants, complaint allegations, and results 
of investigations; correspondence related to the complaint; 
investigator and

[[Page 12572]]

attorney memoranda; interview notes or transcriptions and witness 
statements; documents gathered during an investigation and charts, 
prepared exhibits, or other analytical materials prepared by OCR staff 
or by consultants retained by OCR. The information that will form the 
modified system of records will be collected through complaint 
investigation files. The information will be used to fulfill the 
requirement outlined in Federal law.

DATES: Submit your comments on this modified system of records notice 
on or before April 23, 2018.
    This modified system of records will become applicable upon 
publication in the Federal Register on March 22, 2018, unless the 
modified system of records notice needs to be changed as a result of 
public comment. Significantly modified routine use (8) and newly 
proposed routine uses (9) and (10) in the paragraph entitled ``ROUTINE 
USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS 
AND PURPOSES OF SUCH USES'' will become applicable on April 23, 2018, 
unless the modified system of records notice needs to be changed as a 
result of public comment. The Department will publish any significant 
changes resulting from public comment.

ADDRESSES: Submit your comments through the Federal eRulemaking Portal 
or via postal mail, commercial delivery, or hand delivery. We will not 
accept comments submitted by fax or by email or those submitted after 
the comment period. To ensure that we do not receive duplicate copies, 
please submit your comments only once. In addition, please include the 
Docket ID at the top of your comments.
     Federal eRulemaking Portal: Go to www.regulations.gov to 
submit your comments electronically. Information on using 
Regulations.gov, including instructions for accessing agency documents, 
submitting comments, and viewing the docket, is available on the site 
under the ``Help'' tab.
     Postal Mail, Commercial Delivery, or Hand Delivery: If you 
mail or deliver your comments about this modified system of records, 
address them to: Ms. Sandra Battle, Deputy Assistant Secretary for 
Enforcement, Office for Civil Rights, U.S. Department of Education, 400 
Maryland Ave. SW, Washington, DC 20202.
    Privacy Note: The Department's policy is to make all comments 
received from members of the public available for public viewing in 
their entirety on the Federal eRulemaking Portal at 
www.regulations.gov. Therefore, commenters should be careful to include 
in their comments only information that they wish to make publicly 
available.
    Assistance to Individuals with Disabilities in Reviewing the 
Rulemaking Record: On request, we will supply an appropriate 
accommodation or auxiliary aid, such as a reader or print magnifier, to 
an individual with a disability who needs assistance to review the 
comments or other documents in the public rulemaking record for this 
notice. If you want to schedule an appointment for this type of aid, 
please contact the person listed under FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Ms. Sandra Battle, Deputy Assistant 
Secretary for Enforcement, Office for Civil Rights, U.S. Department of 
Education, 400 Maryland Ave. SW, Washington, DC 20202. Telephone: (202) 
453-5900.
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), you may call the Federal Relay Service (FRS) at 1-800-
877-8339.

SUPPLEMENTARY INFORMATION:
    Introduction:
    The Department last published the Complaint Files and Log (18-08-
01) system of records in the Federal Register on March 15, 2004 (69 FR 
12248). The system of records notice is being modified to update the 
current system locations both in Washington DC and satellite offices. 
This system of records notice is also being modified to reflect the 
current categories of sources of the records and the retrievability of 
the records by any data element. The system of records notice is also 
being modified to include updated information on the record retention 
and disposal policies for the records contained in this system.
    The Department proposes to update, but not to significantly change, 
routine uses (4) ``Litigation and Alternative Dispute Resolution (ADR) 
Disclosures,'' (5) ``Freedom of Information Act (FOIA) or Privacy Act 
Advice Disclosure,'' and (6) ``Research Disclosure.'' The Department 
proposes to significantly modify routine use (8) ``Contract 
Disclosure.'' The Department also proposes to add to this system of 
records notice new routine uses (9) entitled ``Disclosure in the Course 
of Responding to a Breach of Data'' and (10) entitled ``Disclosure in 
Assisting another Agency in Responding to a Breach of Data.'' These 
will allow the Department to disclose records in this system in order 
to assist the Office for Civil Rights, the Department, or another 
Federal agency or entity in responding to a suspected or confirmed 
breach of data.
    The Department also proposes to update the section entitled 
``Policies and Practices for Retention and Disposal of Records'' to 
reflect the current Department records schedule, approved by the 
National Archives and Records Administration (NARA), which governs the 
retention and disposition of the records.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) on request to the person listed under FOR 
FURTHER INFORMATION CONTACT.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. Free 
internet access to the official edition of the Federal Register and the 
Code of Federal Regulations is available via the Federal Digital System 
at: www.thefederalregister.org/fdsys. At this site you can view this document, as well 
as all other documents of the Department published in the Federal 
Register, in text or Portable Document Format (PDF). To use PDF you 
must have Adobe Acrobat Reader, which is available free at the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

    Dated: March 19, 2018.
Candice Jackson,
Acting Assistant Secretary for the Office for Civil Rights.

    For the reasons discussed in the preamble, the Acting Assistant 
Secretary for the Office for Civil Rights, U.S. Department of Education 
(Department), publishes a notice of a modified system of records to 
read as follows:
System Name and Number
    Complaint Files and Log (18-08-01).

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Office for Civil Rights, U.S. Department of Education, 400 Maryland 
Ave. SW, Washington, DC 20202-1100.
    See the Appendix at the end of this system notice for additional 
system locations.

SYSTEM MANAGER(S):
    Deputy Assistant Secretary for Enforcement, Office for Civil 
Rights,

[[Page 12573]]

U.S. Department of Education, 400 Maryland Ave. SW, Washington, DC 
20202-1100.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, et seq.; 
Title IX of the Education Amendments of 1972, 20 U.S.C. 1681, et seq.; 
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, et seq.; 
Age Discrimination Act of 1975, 42 U.S.C. 6101, et seq.; Title II of 
the Americans With Disabilities Act, 42 U.S.C. 12131, et seq.; and the 
Boy Scouts of America Equal Access Act, 20 U.S.C. 7905.

PURPOSE(S) OF THE SYSTEM:
    The Office for Civil Rights (OCR) uses this system for the 
following purposes:
    (1) To determine and to document whether there was discrimination 
against the complainant or others;
    (2) To record the steps taken to resolve a case, which may include 
investigation and monitoring;
    (3) To store materials gathered, developed, or received during the 
processing, investigation, and monitoring of a case;
    (4) To document the steps taken to resolve a case;
    (5) To report the status of individual complaints to OCR managers 
and staff for tracking the progress of individual cases and to provide 
information used to prepare summaries of case processing activities; 
and
    (6) To report to Congress, other agencies, and the public to 
explain or document the work that has been accomplished.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system contains information on individuals or groups of 
individuals who have made civil rights complaints to the Office for 
Civil Rights.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system consists of records relating to complaints to the 
Office for Civil Rights including:
    (1) Names, addresses, and telephone numbers of complainants, 
complaint allegations, and results of investigations;
    (2) Correspondence related to the complaint, which may include 
copies of correspondence sent by OCR to others, correspondence received 
by OCR, records of telephone conversations, copies of email, or other 
written communications;
    (3) Investigator and attorney memoranda;
    (4) Interview notes or transcriptions and witness statements;
    (5) Documents gathered during an investigation, including 
photographs of persons or things, portions of a recipient institution's 
records, and complainants' or other individuals' educational, medical, 
or employment records; and
    (6) Charts, prepared exhibits, or other analytical materials 
prepared by OCR staff or by consultants retained by OCR.

RECORD SOURCE CATEGORIES:
    Information in this system of records is obtained from individuals, 
K-12 schools, postsecondary institutions, and other entities as 
applicable. The information is collected from the stated sources via 
oral interviews, paper forms, web pages, and electronic files. 
Information may also be obtained from other individuals or entities 
from which data is obtained under routine uses set forth below.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    The Department may disclose information contained in a record in 
this system of records under the routine uses listed in this system of 
records without the consent of the individual if the disclosure is 
compatible with the purposes for which the record was collected. These 
disclosures may be made on a case-by-case basis or, if the Department 
has complied with the computer matching requirements of the Privacy Act 
of 1974, as amended (Privacy Act), under a computer matching agreement.
    (1) Disclosure to Congress, Other Agencies, or the Public. The 
Department may disclose summary information derived from this system of 
records to Congress, other agencies, and the public to describe the 
kinds of work that OCR has done or to document the work that OCR has 
accomplished.
    (2) Disclosure to Recipients of Federal Financial Assistance, 
Witnesses, or Consultants. The Department will release information 
contained in this system of records to recipients of Federal financial 
assistance, witnesses, or consultants if it determines that the release 
would assist OCR in resolving a civil rights complaint or in obtaining 
additional information or expert advice relevant to the investigation.
    (3) Enforcement Disclosure. In the event that information in this 
system of records indicates, either on its face or in connection with 
other information, a violation or potential violation of any applicable 
statute, regulations, or order of a competent authority, the Department 
may disclose the relevant records to the appropriate agency, whether 
foreign, Federal, State, tribal, or local, charged with the 
responsibility of investigating or prosecuting that violation or 
charged with enforcing or implementing the statute, Executive order, 
rule, regulations, or order issued pursuant thereto.
    (4) Litigation and Alternative Dispute Resolution (ADR) 
Disclosures.
    (a) Introduction. In the event that one of the parties listed in 
sub-paragraphs (i) through (v) is involved in judicial or 
administrative litigation or ADR, or has an interest in judicial or 
administrative litigation or ADR, the Department may disclose certain 
records to the parties described in paragraphs (b), (c), and (d) of 
this routine use under the conditions specified in those paragraphs:
    (i) The Department of Education, or any component of the 
Department; or
    (ii) Any Department employee in his or her official capacity; or
    (iii) Any Department employee in his or her individual capacity if 
the Department of Justice (DOJ) has been requested to provide or 
arrange for representation for the employee;
    (iv) Any Department employee in his or her individual capacity if 
the agency has agreed to represent the employee; or
    (v) The United States if the Department determines that the 
litigation is likely to affect the Department or any of its components.
    (b) Disclosure to the DOJ. If the Department determines that 
disclosure of certain records to the DOJ is relevant and necessary to 
litigation or ADR, the Department may disclose those records as a 
routine use to the DOJ.
    (c) Adjudicative Disclosures. If the Department or one of its 
components determines that disclosure of certain records to an 
adjudicative body before which the Department or one of its components 
is authorized to appear or to a person or entity designated by the 
Department or otherwise empowered to resolve or mediate disputes is 
relevant and necessary to the litigation or ADR, the Department may 
disclose those records as a routine use to the adjudicative body, 
person, or entity.
    (d) Parties, Counsels, Representatives, and Witnesses. If the 
Department or one of its components determines that disclosure of 
certain records to a party, counsel, representative, or witness is 
relevant and necessary to the litigation or ADR, the Department or its 
component may disclose those records as a routine use to the party, 
counsel, representative, or witness.
    (5) Freedom of Information Act (FOIA) or Privacy Act Advice 
Disclosure. The Department may disclose records to the DOJ or the 
Office of Management and Budget if the Department determines that 
disclosure is desirable or necessary in determining whether particular 
records are required

[[Page 12574]]

to be disclosed under the FOIA or the Privacy Act.
    (6) Research Disclosure. The Department may disclose records to a 
researcher if an appropriate official of the Department determines that 
the individual or organization to which the disclosure would be made is 
qualified to carry out specific research related to functions or 
purposes of this system of records. The official may disclose records 
from this system of records to that researcher solely for the purpose 
of carrying out that research related to the functions or purposes of 
this system of records. The researcher must agree to maintain 
safeguards to protect the security and confidentiality with respect to 
the disclosed records.
    (7) Congressional Member Disclosure. The Department may disclose 
information to a Member of Congress from the record of an individual in 
response to an inquiry from the Member made at the written request of 
that individual. The Member's right to the information is no greater 
than the right of the individual who requested it.
    (8) Contract Disclosure. If the Department contracts with an entity 
for the purposes of performing any function that requires disclosure of 
records in this system to employees of the contractor, the Department 
may disclose the records to those employees. As part of such a 
contract, the Department shall require the contractor to agree to 
maintain safeguards to protect the security and confidentiality of the 
records in the system.
    (9) Disclosure in the Course of Responding to a Breach of Data. The 
Department may disclose records from this system to appropriate 
agencies, entities, and persons when (1) the Department suspects or has 
confirmed that there has been a breach of the system of records; (2) 
the Department has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, the Department 
(including its information systems, programs, and operations), the 
Federal Government, or national security; and (3) the disclosure made 
to such agencies, entities, and persons is reasonably necessary to 
assist in connection with the Department's efforts to respond to the 
suspected or confirmed beach or to prevent, minimize, or remedy such 
harm.
    (10) Disclosure in Assisting Another Agency in Responding to a 
Breach of Data. The Department may disclose records from this system to 
another Federal agency or Federal entity, when the Department 
determines that information from this system of records is reasonably 
necessary to assist the recipient agency or entity (1) responding to a 
suspected or confirmed breach or (2) preventing, minimizing, or 
remedying the risk of harm to individuals, the recipient agency or 
entity (including its information systems, programs, and operations), 
the Federal Government, or national security, resulting from a 
suspected or confirmed breach.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    The records in this system are contained in digital storage media 
and in file folders.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    The records in this system are indexed by and retrievable by any 
data element in any populated data field, including the name of the 
complainant, the complaint number, the name of the entity against which 
the complaint was filed, the basis for the alleged discrimination, and 
the stage of case processing.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are retained and disposed of in accordance with Department 
Records Schedule 026: Education Discrimination Case Files (N1-441-08-
6).
    Administratively closed education discrimination case files shall 
be destroyed/deleted 6 years after cutoff. Cut off for these files 
occurs at the end of the fiscal year in which the case is closed or, if 
a Request for Reconsideration (RFR) is received, when the review of the 
RFR is completed.
    All other education discrimination case files shall be destroyed/
deleted 20 years after cutoff. Cut off for these files occurs at the 
end of the fiscal year in which the case is closed and monitoring is 
complete or, if a RFR is received, when the review of the RFR is 
completed.
    Education discrimination appeals case files shall be destroyed/
deleted 20 years after cutoff. Cut off for these files occurs at the 
end of the fiscal year in which the appeal is closed.
    Case Management System (CMS) Master Data Files are destroyed/
deleted 20 years after cutoff. Cut off for these files occurs at the 
end of the fiscal year in which the case is closed and monitoring is 
complete or, if a RFR is received, when the review of the RFR is 
completed.
    Significant education discrimination case files shall not be 
destroyed/deleted by the Department. With respect to these files, the 
Department shall transfer non-electronic records to the National 
Archives and Records Administration (NARA) 10 years after cutoff and 
electronic records to NARA every 5 years, with any related 
documentation and external finding aids, as specified in 36 CFR 1228.70 
or standards applicable at the time. Cut off for these files occurs at 
the end of the fiscal year in which the case is closed and monitoring 
is complete.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    The system is maintained on secure computer servers located in one 
or more secure Department of Education network server facilities. OCR 
staff access information in the system through use of personal 
computers located in OCR offices. Data are transmitted among offices on 
secure servers through the Department of Education's Secure Wide Area 
Network. The Department of Education maintains the servers on which the 
records are stored in secure locations with controlled access. Access 
to OCR offices is controlled and available only to OCR staff and 
authorized visitors. Authorized OCR staff access the information system 
using individual user identifiers and passwords. The system also limits 
data access by type of user and controls users' ability to alter 
records within the system. File folders containing non-digital 
information in the system are kept in locked storage rooms. Access to 
offices in which storage rooms are located is restricted to OCR staff 
and authorized visitors.

RECORD ACCESS PROCEDURES:
    This system is exempted from 5 U.S.C. 552a(e)(4)(H) pursuant to 34 
CFR 5b.11(c)(2)(iii).

CONTESTING RECORD PROCEDURES:
    This system is exempted from 5 U.S.C. 552a(e)(4)(H) pursuant to 34 
CFR 5b.11(c)(2)(iii).

NOTIFICATION PROCEDURES:
    This system is exempted from 5 U.S.C. 552a(e)(4)(G) pursuant to 34 
CFR 5b.11(c)(2)(iii).

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    The Secretary of Education has exempted by regulations the 
Complaint Files and Log record system, which is also exempt from the 
following provisions of the Privacy Act pursuant to 5 U.S.C. 552(k)(2) 
(civil enforcement):
    (1) 5 U.S.C. 552a(c)(3), regarding access to an accounting of 
disclosures of records.
    (2) 5 U.S.C. 552a(d)(1) through (4) and (f), regarding notification 
of and access to records and correction or amendment of records.

[[Page 12575]]

    (3) 5 U.S.C. 552a(e)(4)(G) and (H) regarding inclusion of 
information in the system notice about procedures for notification, 
access, and correction of records.
    These exemptions are stated in 34 CFR 5b.11. As indicated in 34 CFR 
5b.11, individuals will be provided with information from a record in 
this system if any individual is denied any right, privilege, or 
benefit that he or she would otherwise be entitled to by Federal law, 
or for which he or she would otherwise be eligible, as a result of the 
maintenance of that material, except when in accordance with the 
following provisions of 5 U.S.C. 552a(k)(2):
    (1) Disclosure of the information would reveal the identity of a 
source who furnished information to the Government under an express 
promise that the identity of the source would be held in confidence.
    (2) If information was obtained prior to September 28, 1975, 
disclosure of the information would reveal the identity of the source 
under an implied promise that the identity of the source would be held 
in confidence.

HISTORY:
    The Complaint Files and Log (18-08-02) system of records notice was 
published in the Federal Register on June 4, 1999 (64 FR 30106, 30145-
30146). This system of records was merged and consolidated with the 
system of records entitled ``Case Information System'' (18-08-01) (64 
FR 30106, 30143-30145) on March 15, 2004 (69 FR 12248-12251), and the 
system was renamed ``Complaint Files and Log (18-08-01).''
Appendix to 18-08-01

ADDITIONAL SYSTEM LOCATIONS:
    OCR, Boston Office, 5 Post Office Square, Boston, MA 02109.
    OCR, New York Office, 32 Old Slip, New York, NY 10005.
    OCR, Philadelphia Office, The Wanamaker Building, 100 Penn Square 
East, Philadelphia, PA 19107.
    OCR, Chicago Office, Citigroup Center, 500 W Madison Street, 
Chicago, IL 60661.
    OCR, Cleveland Office, 1350 Euclid Avenue, Cleveland, OH 44115.
    OCR, Atlanta Office, 61 Forsyth St. SW, Atlanta, GA 30303.
    OCR, Dallas Office, 1999 Bryan Street, Dallas, TX 75201.
    OCR, Kansas City Office, 1010 Walnut Street, Kansas City, MO 64106.
    OCR, Denver Office, Cesar E. Chavez Memorial Building, 1244 Speer 
Boulevard, Denver, CO 80204.
    OCR, San Francisco Office, 50 Beale Street, San Francisco, CA 
94105.
    OCR, Seattle Office, 915 Second Avenue, Seattle, WA 98174.

[FR Doc. 2018-05886 Filed 3-21-18; 8:45 am]
BILLING CODE 4000-01-M



                                                                            Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Notices                                                  12571

                                               qualifications in advance of, and                       number and title for this Federal                     facilitate the initiation, investigation
                                               independent of, acquisition.                            Register document. The general policy                 and adjudication of information relevant
                                                 Affected Public: Business or other for                for comments and other submissions                    to DoD security clearances and
                                               profit.                                                 from members of the public is to make                 employment suitability determinations
                                                 Annual Burden Hours: 638.                             these submissions available for public                for active duty military, civilian
                                                 Number of Respondents: 1276.                          viewing on the internet at http://                    employees, and contractors requiring
                                                 Responses per Respondent: 1.                          www.regulations.gov as they are                       such credentials. Facility Security
                                                 Annual Responses: 1276.                               received without change, including any                Officers (FSOs) working in private
                                                 Average Burden per Response: 30
                                                                                                       personal identifiers or contact                       companies that contract with DoD and
                                               minutes.
                                                 Frequency: Bi-annually.                               information.                                          who need access to the DISS system to
                                                                                                         Any associated form(s) for this                     update security-related information
                                                 Dated: March 19, 2018.                                collection may be located within this                 about their company’s employees must
                                               Aaron Siegel,                                           same electronic docket and downloaded                 complete DD Form 2962 (cleared under
                                               Alternate OSD Federal Register, Liaison                 for review/testing. Follow the                        a separate OMB Control Number).
                                               Officer, Department of Defense.                         instructions at http://                               Specific uses include: Facilitation for
                                               [FR Doc. 2018–05831 Filed 3–21–18; 8:45 am]             www.regulations.gov for submitting                    DoD Adjudicators and Security
                                               BILLING CODE 5001–06–P                                  comments. Please submit comments on                   Managers to obtain accurate up-to-date
                                                                                                       any given form identified by docket                   eligibility and access information on all
                                                                                                       number, form number, and title.                       personnel (military, civilian and
                                               DEPARTMENT OF DEFENSE                                   FOR FURTHER INFORMATION CONTACT: To                   contractor personnel) adjudicated by the
                                                                                                       request more information on this                      DoD. The DoD Adjudicators and
                                               Office of the Secretary                                                                                       Security Managers are also able to
                                                                                                       proposed information collection or to
                                               [Docket ID DOD–2018–OS–0014]                            obtain a copy of the proposal and                     update eligibility and access levels of
                                                                                                       associated collection instruments,                    military, civilian and contractor
                                               Proposed Collection; Comment                            please write to the Defense Manpower                  personnel nominated for access to
                                               Request                                                 Data Center (DMDC) at: ATTN: Defense                  sensitive DoD information. Once
                                               AGENCY:  Office of the Under Secretary of               Information System for Security (DISS),               granted access, the FSOs maintain
                                               Defense for Personnel and Readiness,                    Defense Manpower Data Center                          employee personal information, submit
                                               DoD.                                                    (DMDC); Suite 04E25, 4800 Mark Center                 requests for investigations, and submit
                                                                                                       Drive, Alexandria, VA 22350–3100; OR                  other relevant personnel security
                                               ACTION: Information collection notice.
                                                                                                       Fax: 571–372–1059.                                    information into DISS on over 1,000,000
                                               SUMMARY:    In compliance with the                      SUPPLEMENTARY INFORMATION:                            contract employees annually.
                                               Paperwork Reduction Act of 1995, the                      Title; Associated Form; and OMB                       Dated: March 19, 2018.
                                               Defense Manpower Data Center                            Number: Defense Information System                    Aaron Siegel,
                                               announces a proposed public                             for Security (DISS); OMB Control                      Alternate OSD Federal Register, Liaison
                                               information collection and seeks public                 Number 0704–XXXX.                                     Officer, Department of Defense.
                                               comment on the provisions thereof.                        Needs and Uses: This information                    [FR Doc. 2018–05837 Filed 3–21–18; 8:45 am]
                                               Comments are invited on: Whether the                    collection is necessary as the DISS                   BILLING CODE 5001–06–P
                                               proposed collection of information is                   system requires personal data collection
                                               necessary for the proper performance of                 to facilitate the initiation, investigation
                                               the functions of the agency, including                  and adjudication of information relevant              DEPARTMENT OF EDUCATION
                                               whether the information shall have                      to DoD security clearances and
                                               practical utility; the accuracy of the                  employment suitability determinations                 [Docket ID ED–2017–OCR–0094]
                                               agency’s estimate of the burden of the                  for active duty military, civilian
                                               proposed information collection; ways                   employees and contractors requiring                   Privacy Act of 1974; System of
                                               to enhance the quality, utility, and                    such credentials. As a Personnel                      Records
                                               clarity of the information to be                        Security System it is the authoritative               AGENCY:  Office for Civil Rights,
                                               collected; and ways to minimize the                     source for clearance information                      Department of Education.
                                               burden of the information collection on                 resulting in accesses determinations to               ACTION: Notice of a modified system of
                                               respondents, including through the use                  sensitive/classified information and                  records.
                                               of automated collection techniques or                   facilities.
                                               other forms of information technology.                    Affected Public: Individuals or                     SUMMARY:    In accordance with the
                                               DATES: Consideration will be given to all               Households.                                           Privacy Act of 1974, as amended
                                               comments received by May 21, 2018.                        Annual Burden Hours: 333,375.                       (Privacy Act), the Department of
                                               ADDRESSES: You may submit comments,                       Number of Respondents: 22,225.                      Education (Department) publishes this
                                               identified by docket number and title,                    Responses per Respondent: 45.                       notice of a modified system of records
                                               by any of the following methods:                          Annual Responses: 1,000,125.                        entitled ‘‘Complaint Files and Log’’ (18–
                                                 • Federal eRulemaking Portal: http://                   Average Burden per Response: 20                     08–01). The system contains
                                               www.regulations.gov. Follow the                         minutes.                                              information on individuals or groups of
                                               instructions for submitting comments.                     Frequency: On occasion.                             individuals who have made civil rights
                                                 • Mail: Department of Defense, Office                   The Defense Information System for                  complaints to the Office for Civil Rights
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                                               of the Chief Management Officer,                        Security (DISS) is a DoD personnel                    (OCR). The information maintained in
                                               Directorate for Oversight and                           security system and is the authoritative              the system will consist of one or more
                                               Compliance, 4800 Mark Center Drive,                     source for clearance information                      of the following: Names, addresses, and
                                               Mailbox #24, Suite 08D09B, Alexandria,                  resulting in access determinations to                 telephone numbers of complainants,
                                               VA 22350–1700.                                          sensitive/classified information and                  complaint allegations, and results of
                                                 Instructions: All submissions received                facilities. Collection and maintenance of             investigations; correspondence related
                                               must include the agency name, docket                    personal data in DISS is required to                  to the complaint; investigator and


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                                               12572                        Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Notices

                                               attorney memoranda; interview notes or                  include in their comments only                        Federal agency or entity in responding
                                               transcriptions and witness statements;                  information that they wish to make                    to a suspected or confirmed breach of
                                               documents gathered during an                            publicly available.                                   data.
                                               investigation and charts, prepared                         Assistance to Individuals with                        The Department also proposes to
                                               exhibits, or other analytical materials                 Disabilities in Reviewing the                         update the section entitled ‘‘Policies
                                               prepared by OCR staff or by consultants                 Rulemaking Record: On request, we will                and Practices for Retention and Disposal
                                               retained by OCR. The information that                   supply an appropriate accommodation                   of Records’’ to reflect the current
                                               will form the modified system of                        or auxiliary aid, such as a reader or                 Department records schedule, approved
                                               records will be collected through                       print magnifier, to an individual with a              by the National Archives and Records
                                               complaint investigation files. The                      disability who needs assistance to                    Administration (NARA), which governs
                                               information will be used to fulfill the                 review the comments or other                          the retention and disposition of the
                                               requirement outlined in Federal law.                    documents in the public rulemaking                    records.
                                               DATES: Submit your comments on this                     record for this notice. If you want to                   Accessible Format: Individuals with
                                               modified system of records notice on or                 schedule an appointment for this type of              disabilities can obtain this document in
                                               before April 23, 2018.                                  aid, please contact the person listed                 an accessible format (e.g., braille, large
                                                  This modified system of records will                 under FOR FURTHER INFORMATION                         print, audiotape, or compact disc) on
                                               become applicable upon publication in                   CONTACT.                                              request to the person listed under FOR
                                               the Federal Register on March 22, 2018,                                                                       FURTHER INFORMATION CONTACT.
                                                                                                       FOR FURTHER INFORMATION CONTACT: Ms.
                                               unless the modified system of records                                                                            Electronic Access to This Document:
                                                                                                       Sandra Battle, Deputy Assistant
                                               notice needs to be changed as a result                                                                        The official version of this document is
                                                                                                       Secretary for Enforcement, Office for
                                               of public comment. Significantly                                                                              the document published in the Federal
                                                                                                       Civil Rights, U.S. Department of
                                               modified routine use (8) and newly                                                                            Register. Free internet access to the
                                                                                                       Education, 400 Maryland Ave. SW,
                                               proposed routine uses (9) and (10) in the                                                                     official edition of the Federal Register
                                                                                                       Washington, DC 20202. Telephone:
                                               paragraph entitled ‘‘ROUTINE USES OF                                                                          and the Code of Federal Regulations is
                                                                                                       (202) 453–5900.
                                               RECORDS MAINTAINED IN THE                                  If you use a telecommunications                    available via the Federal Digital System
                                               SYSTEM, INCLUDING CATEGORIES                            device for the deaf (TDD) or a text                   at: www.gpo.gov/fdsys. At this site you
                                               OF USERS AND PURPOSES OF SUCH                           telephone (TTY), you may call the                     can view this document, as well as all
                                               USES’’ will become applicable on April                  Federal Relay Service (FRS) at 1–800–                 other documents of the Department
                                               23, 2018, unless the modified system of                 877–8339.                                             published in the Federal Register, in
                                               records notice needs to be changed as a                                                                       text or Portable Document Format
                                                                                                       SUPPLEMENTARY INFORMATION:
                                               result of public comment. The                                                                                 (PDF). To use PDF you must have
                                                                                                         Introduction:
                                               Department will publish any significant                                                                       Adobe Acrobat Reader, which is
                                                                                                         The Department last published the
                                               changes resulting from public comment.                                                                        available free at the site.
                                                                                                       Complaint Files and Log (18–08–01)
                                                                                                                                                                You may also access documents of the
                                               ADDRESSES: Submit your comments                         system of records in the Federal
                                                                                                                                                             Department published in the Federal
                                               through the Federal eRulemaking Portal                  Register on March 15, 2004 (69 FR
                                                                                                                                                             Register by using the article search
                                               or via postal mail, commercial delivery,                12248). The system of records notice is
                                                                                                                                                             feature at: www.federalregister.gov.
                                               or hand delivery. We will not accept                    being modified to update the current
                                                                                                                                                             Specifically, through the advanced
                                               comments submitted by fax or by email                   system locations both in Washington DC
                                                                                                                                                             search feature at this site, you can limit
                                               or those submitted after the comment                    and satellite offices. This system of
                                                                                                                                                             your search to documents published by
                                               period. To ensure that we do not receive                records notice is also being modified to
                                                                                                                                                             the Department.
                                               duplicate copies, please submit your                    reflect the current categories of sources
                                               comments only once. In addition, please                 of the records and the retrievability of                Dated: March 19, 2018.
                                               include the Docket ID at the top of your                the records by any data element. The                  Candice Jackson,
                                               comments.                                               system of records notice is also being                Acting Assistant Secretary for the Office for
                                                  • Federal eRulemaking Portal: Go to                  modified to include updated                           Civil Rights.
                                               www.regulations.gov to submit your                      information on the record retention and                 For the reasons discussed in the
                                               comments electronically. Information                    disposal policies for the records                     preamble, the Acting Assistant Secretary
                                               on using Regulations.gov, including                     contained in this system.                             for the Office for Civil Rights, U.S.
                                               instructions for accessing agency                         The Department proposes to update,                  Department of Education (Department),
                                               documents, submitting comments, and                     but not to significantly change, routine              publishes a notice of a modified system
                                               viewing the docket, is available on the                 uses (4) ‘‘Litigation and Alternative                 of records to read as follows:
                                               site under the ‘‘Help’’ tab.                            Dispute Resolution (ADR) Disclosures,’’
                                                  • Postal Mail, Commercial Delivery,                  (5) ‘‘Freedom of Information Act (FOIA)               System Name and Number
                                               or Hand Delivery: If you mail or deliver                or Privacy Act Advice Disclosure,’’ and                 Complaint Files and Log (18–08–01).
                                               your comments about this modified                       (6) ‘‘Research Disclosure.’’ The
                                                                                                                                                             SECURITY CLASSIFICATION:
                                               system of records, address them to: Ms.                 Department proposes to significantly
                                               Sandra Battle, Deputy Assistant                         modify routine use (8) ‘‘Contract                       Unclassified.
                                               Secretary for Enforcement, Office for                   Disclosure.’’ The Department also                     SYSTEM LOCATION:
                                               Civil Rights, U.S. Department of                        proposes to add to this system of                       Office for Civil Rights, U.S.
                                               Education, 400 Maryland Ave. SW,                        records notice new routine uses (9)                   Department of Education, 400 Maryland
                                               Washington, DC 20202.                                   entitled ‘‘Disclosure in the Course of                Ave. SW, Washington, DC 20202–1100.
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                                                  Privacy Note: The Department’s                       Responding to a Breach of Data’’ and                    See the Appendix at the end of this
                                               policy is to make all comments received                 (10) entitled ‘‘Disclosure in Assisting               system notice for additional system
                                               from members of the public available for                another Agency in Responding to a                     locations.
                                               public viewing in their entirety on the                 Breach of Data.’’ These will allow the
                                               Federal eRulemaking Portal at                           Department to disclose records in this                SYSTEM MANAGER(S):
                                               www.regulations.gov. Therefore,                         system in order to assist the Office for                Deputy Assistant Secretary for
                                               commenters should be careful to                         Civil Rights, the Department, or another              Enforcement, Office for Civil Rights,


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                                                                            Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Notices                                             12573

                                               U.S. Department of Education, 400                       persons or things, portions of a recipient            violation or charged with enforcing or
                                               Maryland Ave. SW, Washington, DC                        institution’s records, and complainants’              implementing the statute, Executive
                                               20202–1100.                                             or other individuals’ educational,                    order, rule, regulations, or order issued
                                                                                                       medical, or employment records; and                   pursuant thereto.
                                               AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
                                                                                                         (6) Charts, prepared exhibits, or other                (4) Litigation and Alternative Dispute
                                                 Title VI of the Civil Rights Act of                   analytical materials prepared by OCR                  Resolution (ADR) Disclosures.
                                               1964, 42 U.S.C. 2000d, et seq.; Title IX                staff or by consultants retained by OCR.                 (a) Introduction. In the event that one
                                               of the Education Amendments of 1972,                                                                          of the parties listed in sub-paragraphs (i)
                                               20 U.S.C. 1681, et seq.; Section 504 of                 RECORD SOURCE CATEGORIES:                             through (v) is involved in judicial or
                                               the Rehabilitation Act of 1973, 29 U.S.C.                  Information in this system of records              administrative litigation or ADR, or has
                                               794, et seq.; Age Discrimination Act of                 is obtained from individuals, K–12                    an interest in judicial or administrative
                                               1975, 42 U.S.C. 6101, et seq.; Title II of              schools, postsecondary institutions, and              litigation or ADR, the Department may
                                               the Americans With Disabilities Act, 42                 other entities as applicable. The                     disclose certain records to the parties
                                               U.S.C. 12131, et seq.; and the Boy                      information is collected from the stated              described in paragraphs (b), (c), and (d)
                                               Scouts of America Equal Access Act, 20                  sources via oral interviews, paper forms,             of this routine use under the conditions
                                               U.S.C. 7905.                                            web pages, and electronic files.                      specified in those paragraphs:
                                                                                                       Information may also be obtained from                    (i) The Department of Education, or
                                               PURPOSE(S) OF THE SYSTEM:
                                                                                                       other individuals or entities from which              any component of the Department; or
                                                 The Office for Civil Rights (OCR) uses                data is obtained under routine uses set                  (ii) Any Department employee in his
                                               this system for the following purposes:                 forth below.                                          or her official capacity; or
                                                 (1) To determine and to document                                                                               (iii) Any Department employee in his
                                               whether there was discrimination                        ROUTINE USES OF RECORDS MAINTAINED IN THE
                                                                                                                                                             or her individual capacity if the
                                               against the complainant or others;                      SYSTEM, INCLUDING CATEGORIES OF USERS AND
                                                                                                                                                             Department of Justice (DOJ) has been
                                                 (2) To record the steps taken to                      PURPOSES OF SUCH USES:
                                                                                                                                                             requested to provide or arrange for
                                               resolve a case, which may include                         The Department may disclose                         representation for the employee;
                                               investigation and monitoring;                           information contained in a record in                     (iv) Any Department employee in his
                                                 (3) To store materials gathered,                      this system of records under the routine              or her individual capacity if the agency
                                               developed, or received during the                       uses listed in this system of records                 has agreed to represent the employee; or
                                               processing, investigation, and                          without the consent of the individual if                 (v) The United States if the
                                               monitoring of a case;                                   the disclosure is compatible with the                 Department determines that the
                                                 (4) To document the steps taken to                    purposes for which the record was                     litigation is likely to affect the
                                               resolve a case;                                         collected. These disclosures may be                   Department or any of its components.
                                                 (5) To report the status of individual                made on a case-by-case basis or, if the                  (b) Disclosure to the DOJ. If the
                                               complaints to OCR managers and staff                    Department has complied with the                      Department determines that disclosure
                                               for tracking the progress of individual                 computer matching requirements of the                 of certain records to the DOJ is relevant
                                               cases and to provide information used                   Privacy Act of 1974, as amended                       and necessary to litigation or ADR, the
                                               to prepare summaries of case processing                 (Privacy Act), under a computer                       Department may disclose those records
                                               activities; and                                         matching agreement.                                   as a routine use to the DOJ.
                                                 (6) To report to Congress, other                        (1) Disclosure to Congress, Other                      (c) Adjudicative Disclosures. If the
                                               agencies, and the public to explain or                  Agencies, or the Public. The Department               Department or one of its components
                                               document the work that has been                         may disclose summary information                      determines that disclosure of certain
                                               accomplished.                                           derived from this system of records to                records to an adjudicative body before
                                               CATEGORIES OF INDIVIDUALS COVERED BY THE
                                                                                                       Congress, other agencies, and the public              which the Department or one of its
                                               SYSTEM:                                                 to describe the kinds of work that OCR                components is authorized to appear or
                                                                                                       has done or to document the work that                 to a person or entity designated by the
                                                 This system contains information on
                                                                                                       OCR has accomplished.                                 Department or otherwise empowered to
                                               individuals or groups of individuals
                                                                                                         (2) Disclosure to Recipients of Federal             resolve or mediate disputes is relevant
                                               who have made civil rights complaints
                                                                                                       Financial Assistance, Witnesses, or                   and necessary to the litigation or ADR,
                                               to the Office for Civil Rights.
                                                                                                       Consultants. The Department will                      the Department may disclose those
                                               CATEGORIES OF RECORDS IN THE SYSTEM:                    release information contained in this                 records as a routine use to the
                                                  This system consists of records                      system of records to recipients of                    adjudicative body, person, or entity.
                                               relating to complaints to the Office for                Federal financial assistance, witnesses,                 (d) Parties, Counsels, Representatives,
                                               Civil Rights including:                                 or consultants if it determines that the              and Witnesses. If the Department or one
                                                  (1) Names, addresses, and telephone                  release would assist OCR in resolving a               of its components determines that
                                               numbers of complainants, complaint                      civil rights complaint or in obtaining                disclosure of certain records to a party,
                                               allegations, and results of investigations;             additional information or expert advice               counsel, representative, or witness is
                                                  (2) Correspondence related to the                    relevant to the investigation.                        relevant and necessary to the litigation
                                               complaint, which may include copies of                    (3) Enforcement Disclosure. In the                  or ADR, the Department or its
                                               correspondence sent by OCR to others,                   event that information in this system of              component may disclose those records
                                               correspondence received by OCR,                         records indicates, either on its face or in           as a routine use to the party, counsel,
                                               records of telephone conversations,                     connection with other information, a                  representative, or witness.
                                               copies of email, or other written                       violation or potential violation of any                  (5) Freedom of Information Act
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                                               communications;                                         applicable statute, regulations, or order             (FOIA) or Privacy Act Advice
                                                  (3) Investigator and attorney                        of a competent authority, the                         Disclosure. The Department may
                                               memoranda;                                              Department may disclose the relevant                  disclose records to the DOJ or the Office
                                                  (4) Interview notes or transcriptions                records to the appropriate agency,                    of Management and Budget if the
                                               and witness statements;                                 whether foreign, Federal, State, tribal, or           Department determines that disclosure
                                                  (5) Documents gathered during an                     local, charged with the responsibility of             is desirable or necessary in determining
                                               investigation, including photographs of                 investigating or prosecuting that                     whether particular records are required


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                                               12574                        Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Notices

                                               to be disclosed under the FOIA or the                   recipient agency or entity (1) responding             (NARA) 10 years after cutoff and
                                               Privacy Act.                                            to a suspected or confirmed breach or                 electronic records to NARA every 5
                                                  (6) Research Disclosure. The                         (2) preventing, minimizing, or                        years, with any related documentation
                                               Department may disclose records to a                    remedying the risk of harm to                         and external finding aids, as specified in
                                               researcher if an appropriate official of                individuals, the recipient agency or                  36 CFR 1228.70 or standards applicable
                                               the Department determines that the                      entity (including its information                     at the time. Cut off for these files occurs
                                               individual or organization to which the                 systems, programs, and operations), the               at the end of the fiscal year in which the
                                               disclosure would be made is qualified to                Federal Government, or national                       case is closed and monitoring is
                                               carry out specific research related to                  security, resulting from a suspected or               complete.
                                               functions or purposes of this system of                 confirmed breach.
                                               records. The official may disclose                                                                            ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
                                               records from this system of records to                  POLICIES AND PRACTICES FOR STORAGE OF                 SAFEGUARDS:
                                                                                                       RECORDS:
                                               that researcher solely for the purpose of                                                                        The system is maintained on secure
                                               carrying out that research related to the                 The records in this system are                      computer servers located in one or more
                                               functions or purposes of this system of                 contained in digital storage media and                secure Department of Education
                                               records. The researcher must agree to                   in file folders.                                      network server facilities. OCR staff
                                               maintain safeguards to protect the                      POLICIES AND PRACTICES FOR RETRIEVAL OF               access information in the system
                                               security and confidentiality with respect               RECORDS:                                              through use of personal computers
                                               to the disclosed records.                                  The records in this system are                     located in OCR offices. Data are
                                                  (7) Congressional Member Disclosure.                 indexed by and retrievable by any data                transmitted among offices on secure
                                               The Department may disclose                             element in any populated data field,                  servers through the Department of
                                               information to a Member of Congress                     including the name of the complainant,                Education’s Secure Wide Area Network.
                                               from the record of an individual in                     the complaint number, the name of the                 The Department of Education maintains
                                               response to an inquiry from the Member                  entity against which the complaint was                the servers on which the records are
                                               made at the written request of that                     filed, the basis for the alleged                      stored in secure locations with
                                               individual. The Member’s right to the                   discrimination, and the stage of case                 controlled access. Access to OCR offices
                                               information is no greater than the right                                                                      is controlled and available only to OCR
                                                                                                       processing.
                                               of the individual who requested it.                                                                           staff and authorized visitors. Authorized
                                                  (8) Contract Disclosure. If the                      POLICIES AND PRACTICES FOR RETENTION AND              OCR staff access the information system
                                               Department contracts with an entity for                 DISPOSAL OF RECORDS:                                  using individual user identifiers and
                                               the purposes of performing any function                    Records are retained and disposed of               passwords. The system also limits data
                                               that requires disclosure of records in                  in accordance with Department Records                 access by type of user and controls
                                               this system to employees of the                         Schedule 026: Education Discrimination                users’ ability to alter records within the
                                               contractor, the Department may disclose                 Case Files (N1–441–08–6).                             system. File folders containing non-
                                               the records to those employees. As part                    Administratively closed education                  digital information in the system are
                                               of such a contract, the Department shall                discrimination case files shall be                    kept in locked storage rooms. Access to
                                               require the contractor to agree to                      destroyed/deleted 6 years after cutoff.               offices in which storage rooms are
                                               maintain safeguards to protect the                      Cut off for these files occurs at the end             located is restricted to OCR staff and
                                               security and confidentiality of the                     of the fiscal year in which the case is               authorized visitors.
                                               records in the system.                                  closed or, if a Request for
                                                  (9) Disclosure in the Course of                      Reconsideration (RFR) is received, when               RECORD ACCESS PROCEDURES:
                                               Responding to a Breach of Data. The                     the review of the RFR is completed.                     This system is exempted from 5
                                               Department may disclose records from                       All other education discrimination                 U.S.C. 552a(e)(4)(H) pursuant to 34 CFR
                                               this system to appropriate agencies,                    case files shall be destroyed/deleted 20              5b.11(c)(2)(iii).
                                               entities, and persons when (1) the                      years after cutoff. Cut off for these files
                                               Department suspects or has confirmed                    occurs at the end of the fiscal year in               CONTESTING RECORD PROCEDURES:
                                               that there has been a breach of the                     which the case is closed and monitoring                 This system is exempted from 5
                                               system of records; (2) the Department                   is complete or, if a RFR is received,                 U.S.C. 552a(e)(4)(H) pursuant to 34 CFR
                                               has determined that as a result of the                  when the review of the RFR is                         5b.11(c)(2)(iii).
                                               suspected or confirmed breach there is                  completed.
                                               a risk of harm to individuals, the                         Education discrimination appeals                   NOTIFICATION PROCEDURES:
                                               Department (including its information                   case files shall be destroyed/deleted 20                This system is exempted from 5
                                               systems, programs, and operations), the                 years after cutoff. Cut off for these files           U.S.C. 552a(e)(4)(G) pursuant to 34 CFR
                                               Federal Government, or national                         occurs at the end of the fiscal year in               5b.11(c)(2)(iii).
                                               security; and (3) the disclosure made to                which the appeal is closed.
                                                                                                                                                             EXEMPTIONS PROMULGATED FOR THE SYSTEM:
                                               such agencies, entities, and persons is                    Case Management System (CMS)
                                               reasonably necessary to assist in                       Master Data Files are destroyed/deleted                  The Secretary of Education has
                                               connection with the Department’s                        20 years after cutoff. Cut off for these              exempted by regulations the Complaint
                                               efforts to respond to the suspected or                  files occurs at the end of the fiscal year            Files and Log record system, which is
                                               confirmed beach or to prevent,                          in which the case is closed and                       also exempt from the following
                                               minimize, or remedy such harm.                          monitoring is complete or, if a RFR is                provisions of the Privacy Act pursuant
                                                  (10) Disclosure in Assisting Another                 received, when the review of the RFR is               to 5 U.S.C. 552(k)(2) (civil enforcement):
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                                               Agency in Responding to a Breach of                     completed.                                               (1) 5 U.S.C. 552a(c)(3), regarding
                                               Data. The Department may disclose                          Significant education discrimination               access to an accounting of disclosures of
                                               records from this system to another                     case files shall not be destroyed/deleted             records.
                                               Federal agency or Federal entity, when                  by the Department. With respect to                       (2) 5 U.S.C. 552a(d)(1) through (4) and
                                               the Department determines that                          these files, the Department shall transfer            (f), regarding notification of and access
                                               information from this system of records                 non-electronic records to the National                to records and correction or amendment
                                               is reasonably necessary to assist the                   Archives and Records Administration                   of records.


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                                                                            Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Notices                                             12575

                                                  (3) 5 U.S.C. 552a(e)(4)(G) and (H)                     OCR, San Francisco Office, 50 Beale                   • Mail: OPP Docket, Environmental
                                               regarding inclusion of information in                   Street, San Francisco, CA 94105.                      Protection Agency Docket Center (EPA/
                                               the system notice about procedures for                    OCR, Seattle Office, 915 Second                     DC), (28221T), 1200 Pennsylvania Ave.
                                               notification, access, and correction of                 Avenue, Seattle, WA 98174.                            NW, Washington, DC 20460–0001.
                                               records.                                                [FR Doc. 2018–05886 Filed 3–21–18; 8:45 am]             • Hand Delivery: To make special
                                                  These exemptions are stated in 34                    BILLING CODE 4000–01–M                                arrangements for hand delivery or
                                               CFR 5b.11. As indicated in 34 CFR                                                                             delivery of boxed information, please
                                               5b.11, individuals will be provided with                                                                      follow the instructions at http://
                                               information from a record in this system                DEPARTMENT OF EDUCATION                               www.epa.gov/dockets/contacts.html.
                                               if any individual is denied any right,                                                                          Additional instructions on
                                                                                                       [Docket No.: ED–2018–ICCD–0001]
                                               privilege, or benefit that he or she                                                                          commenting or visiting the docket,
                                               would otherwise be entitled to by                       Agency Information Collection                         along with more information about
                                               Federal law, or for which he or she                     Activities; Submission to the Office of               dockets generally, is available at http://
                                               would otherwise be eligible, as a result                Management and Budget for Review                      www.epa.gov/dockets.
                                               of the maintenance of that material,                    and Approval; Comment Request;                        FOR FURTHER INFORMATION CONTACT:
                                               except when in accordance with the                      Impact Evaluation of Departmentalized                 Michael Goodis, Registration Division
                                               following provisions of 5 U.S.C.                        Instruction in Elementary Schools                     (7505P), main telephone number: (703)
                                               552a(k)(2):                                                                                                   305–7090; email address:
                                                  (1) Disclosure of the information                    Correction                                            RDFRNotices@epa.gov. The mailing
                                               would reveal the identity of a source                     In notice document 2018–05258                       address for each contact person is:
                                               who furnished information to the                        beginning on page 11510 in the issue of               Office of Pesticide Programs,
                                               Government under an express promise                     Thursday, March 15, 2018, make the                    Environmental Protection Agency, 1200
                                               that the identity of the source would be                following correction:                                 Pennsylvania Ave. NW, Washington, DC
                                               held in confidence.                                       On page 11510, in the first column, in              20460–0001.
                                                  (2) If information was obtained prior                the DATES heading, the second line,                   SUPPLEMENTARY INFORMATION:
                                               to September 28, 1975, disclosure of the                ‘‘May 14, 2018’’ should read ‘‘April 16,
                                               information would reveal the identity of                2018’’.                                               I. General Information
                                               the source under an implied promise
                                               that the identity of the source would be                [FR Doc. C1–2018–05258 Filed 3–21–18; 8:45 am]        A. Does this action apply to me?
                                                                                                       BILLING CODE 1301–00–D
                                               held in confidence.                                                                                 You may be potentially affected by
                                                                                                                                                this action if you are an agricultural
                                               HISTORY:
                                                                                                                                                producer, food manufacturer, or
                                                 The Complaint Files and Log (18–08–                   ENVIRONMENTAL PROTECTION                 pesticide manufacturer. The following
                                               02) system of records notice was                        AGENCY                                   list of North American Industrial
                                               published in the Federal Register on                                                             Classification System (NAICS) codes is
                                                                                                       [EPA–HQ–OPP–2017–0008; FRL–9974–74]
                                               June 4, 1999 (64 FR 30106, 30145–                                                                not intended to be exhaustive, but rather
                                               30146). This system of records was                      Pesticide Product Registration;          provides a guide to help readers
                                               merged and consolidated with the                        Receipt of Applications for New Uses     determine whether this document
                                               system of records entitled ‘‘Case                                                                applies to them. Potentially affected
                                               Information System’’ (18–08–01) (64 FR                  AGENCY: Environmental Protection
                                                                                                                                                entities may include:
                                               30106, 30143–30145) on March 15, 2004                   Agency (EPA).                               • Crop production (NAICS code 111).
                                               (69 FR 12248–12251), and the system                     ACTION: Notice.                             • Animal production (NAICS code
                                               was renamed ‘‘Complaint Files and Log                                                            112).
                                               (18–08–01).’’                                           SUMMARY: EPA has received applications
                                                                                                       to register new uses for pesticide          • Food manufacturing (NAICS code
                                               Appendix to 18–08–01                                    products containing currently registered 311).
                                                                                                       active ingredients. Pursuant to the         • Pesticide manufacturing (NAICS
                                               ADDITIONAL SYSTEM LOCATIONS:                                                                     code   32532).
                                                                                                       Federal Insecticide, Fungicide, and
                                                 OCR, Boston Office, 5 Post Office                     Rodenticide Act (FIFRA), EPA is hereby B. What should I consider as I prepare
                                               Square, Boston, MA 02109.                               providing notice of receipt and
                                                 OCR, New York Office, 32 Old Slip,                                                             my comments for EPA?
                                                                                                       opportunity to comment on these
                                               New York, NY 10005.                                     applications.                               1. Submitting CBI. Do not submit this
                                                 OCR, Philadelphia Office, The                                                                  information to EPA through
                                               Wanamaker Building, 100 Penn Square                     DATES: Comments must be received on      regulations.gov or email. Clearly mark
                                               East, Philadelphia, PA 19107.                           or before April 23, 2018.                the part or all of the information that
                                                 OCR, Chicago Office, Citigroup                        ADDRESSES: Submit your comments,         you claim to be CBI. For CBI
                                               Center, 500 W Madison Street, Chicago,                  identified by the Docket Identification  information in a disk or CD–ROM that
                                               IL 60661.                                               (ID) Number and the File Symbol of       you mail to EPA, mark the outside of the
                                                 OCR, Cleveland Office, 1350 Euclid                    interest as shown in the body of this    disk or CD–ROM as CBI and then
                                               Avenue, Cleveland, OH 44115.                            document, by one of the following        identify electronically within the disk or
                                                 OCR, Atlanta Office, 61 Forsyth St.                   methods:                                 CD–ROM the specific information that
                                               SW, Atlanta, GA 30303.                                    • Federal eRulemaking Portal: http:// is claimed as CBI. In addition to one
daltland on DSKBBV9HB2PROD with NOTICES




                                                 OCR, Dallas Office, 1999 Bryan Street,                www.regulations.gov. Follow the online complete version of the comment that
                                               Dallas, TX 75201.                                       instructions for submitting comments.    includes information claimed as CBI, a
                                                 OCR, Kansas City Office, 1010 Walnut                  Do not submit electronically any         copy of the comment that does not
                                               Street, Kansas City, MO 64106.                          information you consider to be           contain the information claimed as CBI
                                                 OCR, Denver Office, Cesar E. Chavez                   Confidential Business Information (CBI) must be submitted for inclusion in the
                                               Memorial Building, 1244 Speer                           or other information whose disclosure is public docket. Information so marked
                                               Boulevard, Denver, CO 80204.                            restricted by statute.                   will not be disclosed except in


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Document Created: 2018-03-22 01:25:23
Document Modified: 2018-03-22 01:25:23
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of a modified system of records.
DatesSubmit your comments on this modified system of records notice on or before April 23, 2018.
ContactMs. Sandra Battle, Deputy Assistant Secretary for Enforcement, Office for Civil Rights, U.S. Department of Education, 400 Maryland Ave. SW, Washington, DC 20202. Telephone: (202) 453-5900.
FR Citation83 FR 12571 

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