83_FR_13323 83 FR 13263 - Privacy Act of 1974; System of Records

83 FR 13263 - Privacy Act of 1974; System of Records

DEPARTMENT OF EDUCATION

Federal Register Volume 83, Issue 60 (March 28, 2018)

Page Range13263-13266
FR Document2018-06280

In accordance with the Privacy Act of 1974, as amended (Privacy Act), the Department of Education (the Department) publishes this notice of a modified system of records entitled ``Title VI International Research and Studies Program (IRS)'' (18-12-04). IRS contains individually identifiable information provided by individuals to determine qualifications and eligibility for award benefits and to monitor achievements of award recipients. This information is used to demonstrate the effectiveness of the IRS.

Federal Register, Volume 83 Issue 60 (Wednesday, March 28, 2018)
[Federal Register Volume 83, Number 60 (Wednesday, March 28, 2018)]
[Notices]
[Pages 13263-13266]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06280]



[[Page 13263]]

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DEPARTMENT OF EDUCATION

[Docket ID ED-2017-OPE-0080]


Privacy Act of 1974; System of Records

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Notice of a modified system of records.

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

SUMMARY: In accordance with the Privacy Act of 1974, as amended 
(Privacy Act), the Department of Education (the Department) publishes 
this notice of a modified system of records entitled ``Title VI 
International Research and Studies Program (IRS)'' (18-12-04). IRS 
contains individually identifiable information provided by individuals 
to determine qualifications and eligibility for award benefits and to 
monitor achievements of award recipients. This information is used to 
demonstrate the effectiveness of the IRS.

DATES: Submit your comments on this modified system of records on or 
before April 27, 2018.
    This modified system of records will become applicable upon 
publication in the Federal Register on March 28, 2018, unless the 
modified system of records notice needs to be changed as a result of 
public comment. Modified routine uses (3), (5), (6), (7), (9), and (10) 
and newly proposed routine uses (13) and (14) 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 27, 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: Senior Director, International Foreign Language 
Education (IFLE), Office of Postsecondary Education, 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 
accommodation or auxiliary aid, please contact the person listed under 
FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Cheryl Gibbs, Division Director of 
Advanced Training and Research Division International Foreign Language 
Education (IFLE), Office of Postsecondary Education. Telephone: (202) 
453-5690.
    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 Title VI International Research and Studies 
Program (18-12-04) system of records was last published in the Federal 
Register on June 4, 1999 (64 FR 30179). The Department proposes to 
update the system location, manager, and address to reflect the 
creation of the IFLE office that administers grant and fellowship 
programs such as IRS. The Department also proposes to update how the 
information is stored and safeguarded utilizing updated security 
hardware and software, including multiple firewalls, active intruder 
detection, and role-based access controls. The Department also proposes 
to update the record source categories and how the records are 
retrieved as well as to modify the section entitled ``Policies and 
Practices for Retention and Disposal of Records'' to reflect updated, 
current disposition instructions covering records in this system.
    The Department proposes to update, but not to significantly change, 
routine use, (3) ``Litigation and Alternative Dispute Resolution 
Disclosure,'' (5) ``Employee Grievance, Complaint, or Conduct 
Disclosure,'' (6) ``Labor Organization Disclosure,'' (7) ``Freedom of 
Information Act and Privacy Act Advice Disclosure,'' (9) ``Contract 
Disclosure,'' and (10) ``Research Disclosure.'' The Department also 
proposes to add to this system of records notice two new routine uses. 
Routine use (14) entitled ``Disclosure in the Course of Responding to a 
Breach of Data'' and (15) 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 in 
responding to a suspected or confirmed breach of this system's, the 
Department's, or another Federal agency's or entity's data.
    The Department is also proposing to update the record access and 
notification procedures.
    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 23, 2018.
Frank T. Brogan,
Principal Deputy Assistant Secretary and Delegated the duties of the 
Assistant Secretary, Office of Planning, Evaluation and Policy 
Development, Delegated the duties of the Assistant Secretary, Office of 
Postsecondary Education.

    For the reasons discussed in the preamble, the Acting Assistant 
Secretary for the Office of Postsecondary Education, U.S. Department of

[[Page 13264]]

Education (Department), publishes a notice of a modified system of 
records to read as follows:
SYSTEM NAME AND NUMBER
    Title VI International Research and Studies Program (IRS) (18-12-
04).

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    International Foreign Language Education (IFLE), Office of 
Postsecondary Education, U.S. Department of Education, 400 Maryland 
Ave. SW, Washington, DC 20202.

SYSTEM MANAGER(S):
    Senior Director, IFLE, Office of Postsecondary Education, U.S. 
Department of Education, 400 Maryland Avenue SW, Washington, DC 20202.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The Higher Education Act of 1965, as amended, part A, title VI, 
section 605(a).

PURPOSE(S) OF THE SYSTEM:
    The IRS awards discretionary grants to institutions, organizations, 
and individuals to conduct research, surveys, studies, and to develop 
instructional materials, including foreign language materials, to 
improve and strengthen instruction in modern foreign languages, study 
areas, and other international fields within the U.S. educational 
system. The information contained in this system of records is used for 
the following purposes: (1) To determine the qualifications and 
eligibility of the project directors and competitiveness of and need 
for the projects and to award benefits; (2) to monitor the progress of 
the projects, including their accomplishments; and (3) to demonstrate 
the program's effectiveness.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The system contains records on individual project directors who 
have applied to be or who have been selected to be recipients of IRS 
awards.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The IRS system consists of a variety of records relating to an 
individual's application(s) for, and participation in, the IRS. In 
addition to the individual's name, the system contains the 
participant's address, telephone number, educational institution, 
citizenship, Social Security number, institutional or individual Data 
Universal Numbering System (DUNS) number, educational and employment 
background, salary, research or instructional materials, project 
description, project costs, field reader comments, award documents, and 
final project reports.

RECORD SOURCE CATEGORIES:
    Information is obtained from the individuals and institutions on 
approved application forms, from field readers, and 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) Field Reader Disclosure. The Department may disclose 
information to field readers (also referred to as peer reviewers) in 
order to determine the qualification and eligibility of the project 
director and the competitiveness of and need for the project, and to 
award benefits.
    (2) 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, regulation, or order of a competent authority, the Department 
may disclose the relevant information 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, regulation, or order issued pursuant thereto.
    (3) Litigation and Alternative Dispute Resolution (ADR) Disclosure.
    (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 or any of its components.
    (ii) Any Department employee in his or her official capacity.
    (iii) Any Department employee in his or her individual capacity if 
the U.S. Department of Justice (DOJ) has been requested to or has 
agreed to provide or arrange for representation for the employee.
    (iv) Any Department employee in his or her individual capacity 
where the Department requests representation for or has agreed to 
represent the employee.
    (v) The United States where the Department determines that the 
litigation is likely to affect the Department or any of its components.
    (b) Disclosure to DOJ. If the Department determines that disclosure 
of certain records to DOJ is relevant and necessary to the litigation 
or ADR, the Department may disclose those records as a routine use to 
DOJ.
    (c) Adjudicative Disclosure. If the Department determines that it 
is relevant and necessary to the litigation or ADR to disclose certain 
records to an adjudicative body before which the Department is 
authorized to appear, to a person, or to an entity designated by the 
Department or otherwise empowered to resolve or mediate disputes, the 
Department may disclose those records as a routine use to the 
adjudicative body, person, or entity.
    (d) Disclosure to Parties, Counsels, Representatives, or Witnesses. 
If the Department determines that disclosure of certain records to a 
party, counsel, representative, or witness is relevant and necessary to 
the litigation or ADR, the Department may disclose those records as a 
routine use to the party, counsel, representative, or witness.
    (4) Employment, Benefit, and Contracting Disclosure.
    (a) For Decisions by the Department. The Department may disclose a 
record to a Federal, State, or local agency maintaining civil, 
criminal, or other relevant enforcement or other pertinent records, or 
to another public authority or professional organization, if necessary 
to obtain information relevant to a Department decision concerning the 
hiring or retention of an employee or other personnel action, the 
issuance of security clearance, the letting of a contract, or the 
issuance of a license, grant, or other benefit.
    (b) For Decisions by Other Public Agencies and Professional 
Organizations. The Department may disclose a record to a Federal, 
State, local, or foreign agency or other public authority or 
professional organization, in connection with the hiring or retention 
of an employee or other personnel action, the issuance of a security 
clearance, the reporting of an investigation of an employee, the 
letting of a contract, or the issuance of a

[[Page 13265]]

license, grant, or other benefit, to the extent that the record is 
relevant and necessary to the receiving entity's decision on the 
matter.
    (5) Employee Grievance, Complaint, or Conduct Disclosure. If a 
record is relevant and necessary to an employee grievance, complaint, 
or disciplinary action involving a present or former employee of the 
Department, the Department may disclose a record from this system of 
records in the course of investigation, fact-finding, or adjudication, 
to any party to the grievance, complaint or action; to the party's 
counsel or representative; to a witness; or to a designated fact-
finder, mediator, or other person designated to resolve issues or 
decide the matter.
    (6) Labor Organization Disclosure. The Department may disclose 
records from this system of records to an arbitrator to resolve 
disputes under a negotiated grievance process or to officials of a 
labor organization recognized under 5 U.S.C. chapter 71 when relevant 
and necessary to their duties of exclusive representation.
    (7) Freedom of Information Act (FOIA) and Privacy Act Advice 
Disclosure. The Department may disclose records to DOJ or Office of 
Management and Budget (OMB) if the Department concludes that disclosure 
is desirable or necessary in determining whether particular records are 
required to be disclosed under the FOIA or the Privacy Act.
    (8) Disclosure to DOJ. The Department may disclose records to DOJ 
to the extent necessary for obtaining DOJ advice on any matter relevant 
to an audit, inspection, or other inquiry related to the programs 
covered by this system.
    (9) 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.
    (10) 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 researcher must agree to 
maintain safeguards to protect the security and confidentiality with 
respect to the disclosed records.
    (11) Congressional Member Disclosure. The Department may disclose 
the records of an individual to a member of Congress or the member's 
staff 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 the inquiry.
    (12) Disclosure to OMB for Credit Reform Act (CRA). The Department 
may disclose records to OMB as necessary to fulfill CRA requirements in 
accordance with 2 U.S.C. 661b.
    (13) Disclosure in the Course of Responding to a Breach of Data. 
The Department may disclose records 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 
breach or to prevent, minimize, or remedy such harm.
    (14) Disclosure in Assisting Another Agency in Responding to a 
Breach of Data. The Department may disclose records 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 in: (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.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    Disclosures pursuant to 5 U.S.C. 522a(b)(12): The Department may 
disclose to a consumer reporting agency information regarding a claim 
by the Department which is determined to be valid and overdue as 
follows: (1) The name, address, and other information necessary to 
establish the identity of the individual responsible for the claim; (2) 
the amount, status, and history of the claim; and (3) the program under 
which the claim arose. The Department may disclose the information 
specified in this paragraph under 5 U.S.C. 552a(b)(12) and the 
procedures contained in subsection 31 U.S.C. 3711(e). A consumer 
reporting agency to which these disclosures may be made is defined at 
31 U.S.C. 3701(a)(3).

POLICIES AND PRACTICES FOR STORAGE OR RECORDS:
    Records are maintained electronically in a computer database and on 
a web-based portal maintained by the Department.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by individual's grant number; however records 
are retrievable via all data elements in the system.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are maintained and disposed of in accordance with the 
National Archives and Records Administration's General Records Schedule 
(GRS) 1.2 (Grant and Cooperative Agreement Records), Items 020 (DAA-
GRS-2013-0008-0001) and 021 (DAA-GRS-2013-0008-0006). Records of 
successful applications shall be destroyed 10 years after final action 
is taken on the applicable file, but longer retention is authorized if 
required for business use. Records of unsuccessful applications shall 
be destroyed 3 years after final action is taken on the applicable 
file, but longer retention is authorized if required for business use.

ADMINISTRATIVE, TECHNICAL AND PHYSICAL SAFEGUARDS:
    All physical access to the site where this system of records is 
maintained is controlled and monitored by security personnel who check 
each individual entering the building. The computer system offers a 
high degree of resistance to tampering and circumvention. This security 
system limits data access to Department and contract staff on a ``need-
to-know'' basis, and controls individual users' ability to access and 
alter records within the system.

RECORD ACCESS PROCEDURES:
    If you wish to request access to your records, you must contact the 
system manager at the address listed under SYSTEM MANAGER(S). You must 
provide necessary particulars, such as your full name, date of birth, 
Social Security number, the year of the award, the name of the grantee 
institution, major country in which you conducted your educational 
activity, and any other identifying information requested by the 
Department while processing the request, to distinguish between 
individuals with the same name. Your

[[Page 13266]]

request must meet the requirements of regulations in 34 CFR 5b.5, 
including proof of identity.

CONTESTING RECORD PROCEDURES:
    If you wish to contest the content of a record regarding you in the 
system of records, you must contact the system manager at the address 
listed under SYSTEM MANAGER(S). Your request must meet the requirements 
of the regulations in 34 CFR 5b.7.

NOTIFICATION PROCEDURES:
    If you wish to inquire whether a record exists regarding you in 
this system, you must contact the system manager at the address listed 
under SYSTEM MANAGER(S). You must provide necessary particulars, such 
as your name, date of birth, Social Security number, the year of the 
award, the name of the grantee institution, major country in which you 
conducted your educational activity, and any other identifying 
information requested by the Department while processing the request, 
to distinguish between individuals with the same name. Your request 
must meet the requirements of the Department's Privacy Act regulations 
at 34 CFR 5b.5, including proof of identity.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    The System of Records entitled ``Title VI International Research 
and Studies Program (IRS)'' (18-12-04) was last published in the 
Federal Register on June 4, 1999 (64 FR 30179).

[FR Doc. 2018-06280 Filed 3-27-18; 8:45 am]
BILLING CODE 4000-01-P



                                                                           Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices                                               13263

                                               DEPARTMENT OF EDUCATION                                 your comments about this modified                        The Department proposes to update,
                                                                                                       system of records, address them to:                   but not to significantly change, routine
                                               [Docket ID ED–2017–OPE–0080]
                                                                                                       Senior Director, International Foreign                use, (3) ‘‘Litigation and Alternative
                                               Privacy Act of 1974; System of                          Language Education (IFLE), Office of                  Dispute Resolution Disclosure,’’ (5)
                                               Records                                                 Postsecondary Education, U.S.                         ‘‘Employee Grievance, Complaint, or
                                                                                                       Department of Education, 400 Maryland                 Conduct Disclosure,’’ (6) ‘‘Labor
                                               AGENCY:  Office of Postsecondary                        Ave. SW, Washington, DC 20202.                        Organization Disclosure,’’ (7) ‘‘Freedom
                                               Education, Department of Education.                        Privacy Note: The Department’s                     of Information Act and Privacy Act
                                               ACTION: Notice of a modified system of                  policy is to make all comments received               Advice Disclosure,’’ (9) ‘‘Contract
                                               records.                                                from members of the public available for              Disclosure,’’ and (10) ‘‘Research
                                                                                                       public viewing in their entirety on the               Disclosure.’’ The Department also
                                               SUMMARY:    In accordance with the                      Federal eRulemaking Portal at                         proposes to add to this system of
                                               Privacy Act of 1974, as amended                         www.regulations.gov. Therefore,                       records notice two new routine uses.
                                               (Privacy Act), the Department of                        commenters should be careful to                       Routine use (14) entitled ‘‘Disclosure in
                                               Education (the Department) publishes                    include in their comments only                        the Course of Responding to a Breach of
                                               this notice of a modified system of                     information that they wish to make                    Data’’ and (15) entitled ‘‘Disclosure in
                                               records entitled ‘‘Title VI International               publicly available.                                   Assisting another Agency in Responding
                                               Research and Studies Program (IRS)’’                       Assistance to Individuals with                     to a Breach of Data.’’ These will allow
                                               (18–12–04). IRS contains individually                   Disabilities in Reviewing the                         the Department to disclose records in
                                               identifiable information provided by                    Rulemaking Record: On request, we will                this system in order to assist in
                                               individuals to determine qualifications                 supply an appropriate accommodation                   responding to a suspected or confirmed
                                               and eligibility for award benefits and to               or auxiliary aid, such as a reader or                 breach of this system’s, the
                                               monitor achievements of award                           print magnifier, to an individual with a              Department’s, or another Federal
                                               recipients. This information is used to                 disability who needs assistance to                    agency’s or entity’s data.
                                               demonstrate the effectiveness of the IRS.               review the comments or other                             The Department is also proposing to
                                               DATES: Submit your comments on this                     documents in the public rulemaking                    update the record access and
                                               modified system of records on or before                 record for this notice. If you want to                notification procedures.
                                               April 27, 2018.                                         schedule an appointment for this type of                 Accessible Format: Individuals with
                                                  This modified system of records will                 accommodation or auxiliary aid, please                disabilities can obtain this document in
                                               become applicable upon publication in                   contact the person listed under FOR                   an accessible format (e.g., Braille, large
                                               the Federal Register on March 28, 2018,                 FURTHER INFORMATION CONTACT.                          print, audiotape, or compact disc) on
                                               unless the modified system of records                   FOR FURTHER INFORMATION CONTACT:                      request to the person listed under FOR
                                               notice needs to be changed as a result                  Cheryl Gibbs, Division Director of                    FURTHER INFORMATION CONTACT.
                                               of public comment. Modified routine                     Advanced Training and Research                           Electronic Access to This Document:
                                               uses (3), (5), (6), (7), (9), and (10) and              Division International Foreign Language               The official version of this document is
                                               newly proposed routine uses (13) and                    Education (IFLE), Office of                           the document published in the Federal
                                               (14) in the paragraph entitled                          Postsecondary Education. Telephone:                   Register. Free internet access to the
                                               ‘‘ROUTINE USES OF RECORDS                               (202) 453–5690.                                       official edition of the Federal Register
                                               MAINTAINED IN THE SYSTEM,                                  If you use a telecommunications                    and the Code of Federal Regulations is
                                               INCLUDING CATEGORIES OF USERS                           device for the deaf (TDD) or a text                   available via the Federal Digital System
                                               AND PURPOSES OF SUCH USES’’ will                        telephone (TTY), you may call the                     at: www.gpo.gov/fdsys. At this site you
                                               become applicable on April 27, 2018,                    Federal Relay Service (FRS) at 1–800–                 can view this document, as well as all
                                               unless the modified system of records                   877–8339.                                             other documents of the Department
                                               notice needs to be changed as a result                  SUPPLEMENTARY INFORMATION:                            published in the Federal Register, in
                                               of public comment. The Department                         Introduction: The Title VI                          text or Portable Document Format
                                               will publish any significant changes                    International Research and Studies                    (PDF). To use PDF you must have
                                               resulting from public comment.                          Program (18–12–04) system of records                  Adobe Acrobat Reader, which is
                                               ADDRESSES: Submit your comments                         was last published in the Federal                     available free at the site.
                                               through the Federal eRulemaking Portal                  Register on June 4, 1999 (64 FR 30179).                  You may also access documents of the
                                               or via postal mail, commercial delivery,                The Department proposes to update the                 Department published in the Federal
                                               or hand delivery. We will not accept                    system location, manager, and address                 Register by using the article search
                                               comments submitted by fax or by email                   to reflect the creation of the IFLE office            feature at: www.federalregister.gov.
                                               or those submitted after the comment                    that administers grant and fellowship                 Specifically, through the advanced
                                               period. To ensure that we do not receive                programs such as IRS. The Department                  search feature at this site, you can limit
                                               duplicate copies, please submit your                    also proposes to update how the                       your search to documents published by
                                               comments only once. In addition, please                 information is stored and safeguarded                 the Department.
                                               include the Docket ID at the top of your                utilizing updated security hardware and                 Dated: March 23, 2018.
                                               comments.                                               software, including multiple firewalls,               Frank T. Brogan,
                                                  • Federal eRulemaking Portal: Go to                  active intruder detection, and role-based             Principal Deputy Assistant Secretary and
                                               www.regulations.gov to submit your                      access controls. The Department also                  Delegated the duties of the Assistant
                                               comments electronically. Information                    proposes to update the record source                  Secretary, Office of Planning, Evaluation and
daltland on DSKBBV9HB2PROD with NOTICES




                                               on using Regulations.gov, including                     categories and how the records are                    Policy Development, Delegated the duties of
                                               instructions for accessing agency                       retrieved as well as to modify the                    the Assistant Secretary, Office of
                                               documents, submitting comments, and                     section entitled ‘‘Policies and Practices             Postsecondary Education.
                                               viewing the docket, is available on the                 for Retention and Disposal of Records’’                 For the reasons discussed in the
                                               site under the ‘‘Help’’ tab.                            to reflect updated, current disposition               preamble, the Acting Assistant Secretary
                                                  • Postal Mail, Commercial Delivery,                  instructions covering records in this                 for the Office of Postsecondary
                                               or Hand Delivery: If you mail or deliver                system.                                               Education, U.S. Department of


                                          VerDate Sep<11>2014   20:30 Mar 27, 2018   Jkt 244001   PO 00000   Frm 00042   Fmt 4703   Sfmt 4703   E:\FR\FM\28MRN1.SGM   28MRN1


                                               13264                       Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices

                                               Education (Department), publishes a                     instructional materials, project                         (iii) Any Department employee in his
                                               notice of a modified system of records                  description, project costs, field reader              or her individual capacity if the U.S.
                                               to read as follows:                                     comments, award documents, and final                  Department of Justice (DOJ) has been
                                                                                                       project reports.                                      requested to or has agreed to provide or
                                               SYSTEM NAME AND NUMBER                                                                                        arrange for representation for the
                                                                                                       RECORD SOURCE CATEGORIES:
                                                 Title VI International Research and                                                                         employee.
                                               Studies Program (IRS) (18–12–04).                         Information is obtained from the                       (iv) Any Department employee in his
                                                                                                       individuals and institutions on                       or her individual capacity where the
                                               SECURITY CLASSIFICATION:                                approved application forms, from field                Department requests representation for
                                                  Unclassified.                                        readers, and from other individuals or                or has agreed to represent the employee.
                                                                                                       entities from which data is obtained                     (v) The United States where the
                                               SYSTEM LOCATION:                                        under routine uses set forth below.                   Department determines that the
                                                 International Foreign Language                                                                              litigation is likely to affect the
                                                                                                       ROUTINE USES OF RECORDS MAINTAINED IN THE
                                               Education (IFLE), Office of                                                                                   Department or any of its components.
                                                                                                       SYSTEM, INCLUDING CATEGORIES OF USERS AND
                                               Postsecondary Education, U.S.                           PURPOSES OF SUCH USES:                                   (b) Disclosure to DOJ. If the
                                               Department of Education, 400 Maryland                                                                         Department determines that disclosure
                                                                                                          The Department may disclose
                                               Ave. SW, Washington, DC 20202.                                                                                of certain records to DOJ is relevant and
                                                                                                       information contained in a record in
                                                                                                       this system of records under the routine              necessary to the litigation or ADR, the
                                               SYSTEM MANAGER(S):
                                                                                                       uses listed in this system of records                 Department may disclose those records
                                                 Senior Director, IFLE, Office of                                                                            as a routine use to DOJ.
                                               Postsecondary Education, U.S.                           without the consent of the individual if
                                                                                                       the disclosure is compatible with the                    (c) Adjudicative Disclosure. If the
                                               Department of Education, 400 Maryland                                                                         Department determines that it is
                                               Avenue SW, Washington, DC 20202.                        purposes for which the record was
                                                                                                       collected. These disclosures may be                   relevant and necessary to the litigation
                                               AUTHORITY FOR MAINTENANCE OF THE SYSTEM:                made on a case-by-case basis, or, if the              or ADR to disclose certain records to an
                                                                                                       Department has complied with the                      adjudicative body before which the
                                                 The Higher Education Act of 1965, as
                                                                                                       computer matching requirements of the                 Department is authorized to appear, to
                                               amended, part A, title VI, section 605(a).
                                                                                                       Privacy Act of 1974, as amended                       a person, or to an entity designated by
                                               PURPOSE(S) OF THE SYSTEM:                               (Privacy Act), under a computer                       the Department or otherwise
                                                  The IRS awards discretionary grants                  matching agreement.                                   empowered to resolve or mediate
                                               to institutions, organizations, and                        (1) Field Reader Disclosure. The                   disputes, the Department may disclose
                                               individuals to conduct research,                        Department may disclose information to                those records as a routine use to the
                                               surveys, studies, and to develop                        field readers (also referred to as peer               adjudicative body, person, or entity.
                                               instructional materials, including                      reviewers) in order to determine the                     (d) Disclosure to Parties, Counsels,
                                               foreign language materials, to improve                  qualification and eligibility of the                  Representatives, or Witnesses. If the
                                               and strengthen instruction in modern                    project director and the competitiveness              Department determines that disclosure
                                               foreign languages, study areas, and other               of and need for the project, and to award             of certain records to a party, counsel,
                                               international fields within the U.S.                    benefits.                                             representative, or witness is relevant
                                               educational system. The information                        (2) Enforcement Disclosure. In the                 and necessary to the litigation or ADR,
                                               contained in this system of records is                  event that information in this system of              the Department may disclose those
                                               used for the following purposes: (1) To                 records indicates, either on its face or in           records as a routine use to the party,
                                               determine the qualifications and                        connection with other information, a                  counsel, representative, or witness.
                                               eligibility of the project directors and                violation or potential violation of any                  (4) Employment, Benefit, and
                                               competitiveness of and need for the                     applicable statute, regulation, or order              Contracting Disclosure.
                                                                                                       of a competent authority, the                            (a) For Decisions by the Department.
                                               projects and to award benefits; (2) to
                                                                                                       Department may disclose the relevant                  The Department may disclose a record
                                               monitor the progress of the projects,
                                                                                                       information to the appropriate agency,                to a Federal, State, or local agency
                                               including their accomplishments; and
                                                                                                       whether foreign, Federal, State, Tribal,              maintaining civil, criminal, or other
                                               (3) to demonstrate the program’s
                                                                                                       or local, charged with the responsibility             relevant enforcement or other pertinent
                                               effectiveness.
                                                                                                       of investigating or prosecuting that                  records, or to another public authority
                                               CATEGORIES OF INDIVIDUALS COVERED BY THE                violation or charged with enforcing or                or professional organization, if
                                               SYSTEM:                                                 implementing the statute, Executive                   necessary to obtain information relevant
                                                 The system contains records on                        order, rule, regulation, or order issued              to a Department decision concerning the
                                               individual project directors who have                   pursuant thereto.                                     hiring or retention of an employee or
                                               applied to be or who have been selected                    (3) Litigation and Alternative Dispute             other personnel action, the issuance of
                                               to be recipients of IRS awards.                         Resolution (ADR) Disclosure.                          security clearance, the letting of a
                                                                                                          (a) Introduction. In the event that one            contract, or the issuance of a license,
                                               CATEGORIES OF RECORDS IN THE SYSTEM:                                                                          grant, or other benefit.
                                                                                                       of the parties listed in sub-paragraphs (i)
                                                  The IRS system consists of a variety                 through (v) is involved in judicial or                   (b) For Decisions by Other Public
                                               of records relating to an individual’s                  administrative litigation or ADR, or has              Agencies and Professional
                                               application(s) for, and participation in,               an interest in judicial or administrative             Organizations. The Department may
                                               the IRS. In addition to the individual’s                litigation or ADR, the Department may                 disclose a record to a Federal, State,
                                               name, the system contains the                           disclose certain records to the parties               local, or foreign agency or other public
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                                               participant’s address, telephone                        described in paragraphs (b), (c), and (d)             authority or professional organization,
                                               number, educational institution,                        of this routine use under the conditions              in connection with the hiring or
                                               citizenship, Social Security number,                    specified in those paragraphs:                        retention of an employee or other
                                               institutional or individual Data                           (i) The Department or any of its                   personnel action, the issuance of a
                                               Universal Numbering System (DUNS)                       components.                                           security clearance, the reporting of an
                                               number, educational and employment                         (ii) Any Department employee in his                investigation of an employee, the letting
                                               background, salary, research or                         or her official capacity.                             of a contract, or the issuance of a


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                                                                           Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices                                             13265

                                               license, grant, or other benefit, to the                   (11) Congressional Member                          552a(b)(12) and the procedures
                                               extent that the record is relevant and                  Disclosure. The Department may                        contained in subsection 31 U.S.C.
                                               necessary to the receiving entity’s                     disclose the records of an individual to              3711(e). A consumer reporting agency to
                                               decision on the matter.                                 a member of Congress or the member’s                  which these disclosures may be made is
                                                  (5) Employee Grievance, Complaint,                   staff in response to an inquiry from the              defined at 31 U.S.C. 3701(a)(3).
                                               or Conduct Disclosure. If a record is                   member made at the written request of
                                               relevant and necessary to an employee                                                                         POLICIES AND PRACTICES FOR STORAGE OR
                                                                                                       that individual. The member’s right to
                                                                                                                                                             RECORDS:
                                               grievance, complaint, or disciplinary                   the information is no greater than the
                                               action involving a present or former                    right of the individual who requested                   Records are maintained electronically
                                               employee of the Department, the                         the inquiry.                                          in a computer database and on a web-
                                               Department may disclose a record from                      (12) Disclosure to OMB for Credit                  based portal maintained by the
                                               this system of records in the course of                 Reform Act (CRA). The Department may                  Department.
                                               investigation, fact-finding, or                         disclose records to OMB as necessary to               POLICIES AND PRACTICES FOR RETRIEVAL OF
                                               adjudication, to any party to the                       fulfill CRA requirements in accordance                RECORDS:
                                               grievance, complaint or action; to the                  with 2 U.S.C. 661b.                                     Records are retrieved by individual’s
                                               party’s counsel or representative; to a                    (13) Disclosure in the Course of
                                                                                                                                                             grant number; however records are
                                               witness; or to a designated fact-finder,                Responding to a Breach of Data. The
                                                                                                                                                             retrievable via all data elements in the
                                               mediator, or other person designated to                 Department may disclose records to
                                                                                                                                                             system.
                                               resolve issues or decide the matter.                    appropriate agencies, entities, and
                                                  (6) Labor Organization Disclosure.                   persons when: (1) The Department                      POLICIES AND PRACTICES FOR RETENTION AND
                                               The Department may disclose records                     suspects or has confirmed that there has              DISPOSAL OF RECORDS:
                                               from this system of records to an                       been a breach of the system of records;                  Records are maintained and disposed
                                               arbitrator to resolve disputes under a                  (2) the Department has determined that                of in accordance with the National
                                               negotiated grievance process or to                      as a result of the suspected or confirmed             Archives and Records Administration’s
                                               officials of a labor organization                       breach there is a risk of harm to                     General Records Schedule (GRS) 1.2
                                               recognized under 5 U.S.C. chapter 71                    individuals, the Department (including                (Grant and Cooperative Agreement
                                               when relevant and necessary to their                    its information systems, programs, and                Records), Items 020 (DAA–GRS–2013–
                                               duties of exclusive representation.                     operations), the Federal Government, or               0008–0001) and 021 (DAA–GRS–2013–
                                                  (7) Freedom of Information Act                       national security; and (3) the disclosure             0008–0006). Records of successful
                                               (FOIA) and Privacy Act Advice                           made to such agencies, entities, and                  applications shall be destroyed 10 years
                                               Disclosure. The Department may                          persons is reasonably necessary to assist             after final action is taken on the
                                               disclose records to DOJ or Office of                    in connection with the Department’s                   applicable file, but longer retention is
                                               Management and Budget (OMB) if the                      efforts to respond to the suspected or                authorized if required for business use.
                                               Department concludes that disclosure is                 confirmed breach or to prevent,                       Records of unsuccessful applications
                                               desirable or necessary in determining                   minimize, or remedy such harm.                        shall be destroyed 3 years after final
                                               whether particular records are required                    (14) Disclosure in Assisting Another               action is taken on the applicable file,
                                               to be disclosed under the FOIA or the                   Agency in Responding to a Breach of                   but longer retention is authorized if
                                               Privacy Act.                                            Data. The Department may disclose                     required for business use.
                                                  (8) Disclosure to DOJ. The Department                records to another Federal agency or
                                               may disclose records to DOJ to the                      Federal entity, when the Department                   ADMINISTRATIVE, TECHNICAL AND PHYSICAL
                                               extent necessary for obtaining DOJ                      determines that information from this                 SAFEGUARDS:
                                               advice on any matter relevant to an                     system of records is reasonably                          All physical access to the site where
                                               audit, inspection, or other inquiry                     necessary to assist the recipient agency              this system of records is maintained is
                                               related to the programs covered by this                 or entity in: (1) Responding to a                     controlled and monitored by security
                                               system.                                                 suspected or confirmed breach or (2)                  personnel who check each individual
                                                  (9) Contract Disclosure. If the                      preventing, minimizing, or remedying                  entering the building. The computer
                                               Department contracts with an entity for                 the risk of harm to individuals, the                  system offers a high degree of resistance
                                               the purposes of performing any function                 recipient agency or entity (including its             to tampering and circumvention. This
                                               that requires disclosure of records in                  information systems, programs, and                    security system limits data access to
                                               this system to employees of the                         operations), the Federal Government, or               Department and contract staff on a
                                               contractor, the Department may disclose                 national security, resulting from a                   ‘‘need-to-know’’ basis, and controls
                                               the records to those employees. As part                 suspected or confirmed breach.                        individual users’ ability to access and
                                               of such a contract, the Department shall                                                                      alter records within the system.
                                               require the contractor to agree to                      DISCLOSURE TO CONSUMER REPORTING
                                               maintain safeguards to protect the                      AGENCIES:                                             RECORD ACCESS PROCEDURES:
                                               security and confidentiality of the                       Disclosures pursuant to 5 U.S.C.                      If you wish to request access to your
                                               records in the system.                                  522a(b)(12): The Department may                       records, you must contact the system
                                                  (10) Research Disclosure. The                        disclose to a consumer reporting agency               manager at the address listed under
                                               Department may disclose records to a                    information regarding a claim by the                  SYSTEM MANAGER(S). You must
                                               researcher if an appropriate official of                Department which is determined to be                  provide necessary particulars, such as
                                               the Department determines that the                      valid and overdue as follows: (1) The                 your full name, date of birth, Social
                                               individual or organization to which the                 name, address, and other information                  Security number, the year of the award,
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                                               disclosure would be made is qualified to                necessary to establish the identity of the            the name of the grantee institution,
                                               carry out specific research related to                  individual responsible for the claim; (2)             major country in which you conducted
                                               functions or purposes of this system of                 the amount, status, and history of the                your educational activity, and any other
                                               records. The researcher must agree to                   claim; and (3) the program under which                identifying information requested by the
                                               maintain safeguards to protect the                      the claim arose. The Department may                   Department while processing the
                                               security and confidentiality with respect               disclose the information specified in                 request, to distinguish between
                                               to the disclosed records.                               this paragraph under 5 U.S.C.                         individuals with the same name. Your


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                                               13266                       Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices

                                               request must meet the requirements of                   Program (IRS)’’ (18–12–04) was last                     Individuals with disabilities can
                                               regulations in 34 CFR 5b.5, including                   published in the Federal Register on                  obtain this document in an accessible
                                               proof of identity.                                      June 4, 1999 (64 FR 30179).                           format (e.g., braille, large print,
                                                                                                       [FR Doc. 2018–06280 Filed 3–27–18; 8:45 am]           audiotape, or compact disc) on request
                                               CONTESTING RECORD PROCEDURES:
                                                                                                       BILLING CODE 4000–01–P
                                                                                                                                                             to the program contact person listed
                                                  If you wish to contest the content of                                                                      under FOR FURTHER INFORMATION
                                               a record regarding you in the system of                                                                       CONTACT.
                                               records, you must contact the system
                                                                                                       DEPARTMENT OF EDUCATION                               SUPPLEMENTARY INFORMATION:      If the
                                               manager at the address listed under
                                               SYSTEM MANAGER(S). Your request                                                                               Secretary selects an applicant for
                                                                                                       [CFDA Numbers: 84.007, 84.033, 84.038,                verification, the applicant’s Institutional
                                               must meet the requirements of the
                                                                                                       84.063, and 84.268.]
                                               regulations in 34 CFR 5b.7.                                                                                   Student Information Record (ISIR)
                                                                                                       Free Application for Federal Student                  includes flags that indicate (1) that the
                                               NOTIFICATION PROCEDURES:
                                                                                                       Aid (FAFSA®) Information to be                        applicant has been selected by the
                                                 If you wish to inquire whether a                                                                            Secretary for verification and (2) the
                                               record exists regarding you in this                     Verified for the 2019–2020 Award Year
                                                                                                                                                             Verification Tracking Group in which
                                               system, you must contact the system                     AGENCY: Office of Postsecondary                       the applicant has been placed. The
                                               manager at the address listed under                     Education, Department of Education.                   Verification Tracking Group indicates
                                               SYSTEM MANAGER(S). You must                             ACTION: Notice.                                       which FAFSA information needs to be
                                               provide necessary particulars, such as                                                                        verified for the applicant and, if
                                               your name, date of birth, Social Security               SUMMARY:   For each award year, the                   appropriate, for the applicant’s parent(s)
                                               number, the year of the award, the name                 Secretary publishes in the Federal                    or spouse. The Student Aid Report
                                               of the grantee institution, major country               Register a notice announcing the                      (SAR) provided to the applicant will
                                               in which you conducted your                             FAFSA information that an institution                 indicate that the applicant’s FAFSA
                                               educational activity, and any other                     and an applicant may be required to                   information has been selected for
                                               identifying information requested by the                verify, as well as the acceptable                     verification and direct the applicant to
                                               Department while processing the                         documentation for verifying FAFSA                     contact the institution for further
                                               request, to distinguish between                         information. This is the notice for the               instructions for completing the
                                               individuals with the same name. Your                    2019–2020 award year.                                 verification process.
                                               request must meet the requirements of                   FOR FURTHER INFORMATION CONTACT:                        The following chart lists, for the
                                               the Department’s Privacy Act                            Jacquelyn C. Butler, U.S. Department of               2019–2020 award year, the FAFSA
                                               regulations at 34 CFR 5b.5, including                   Education, 400 Maryland Avenue SW,                    information that an institution and an
                                               proof of identity.                                      Room 294–10, Washington, DC 20202.                    applicant and, if appropriate, the
                                               EXEMPTIONS PROMULGATED FOR THE SYSTEM:                  Telephone: (202) 453–6088.                            applicant’s parent(s) or spouse may be
                                                  None.                                                   If you use a telecommunications                    required to verify under 34 CFR 668.56.
                                                                                                       device for the deaf (TDD) or a text                   The chart also lists the acceptable
                                               HISTORY:                                                telephone (TTY), call the Federal Relay               documentation that must, under
                                                 The System of Records entitled ‘‘Title                Service (FRS), toll free, at 1–800–877–               § 668.57, be provided to an institution
                                               VI International Research and Studies                   8339.                                                 for that information to be verified.

                                                                            LTCH QRP QUALITY MEASURES UNDER CONSIDERATION FOR FUTURE YEARS
                                                        FAFSA Information                                                               Acceptable documentation

                                               Income information for tax filers:         (1) 2017 tax account information of the tax filer that the Secretary has identified as having been obtained
                                                   a. Adjusted Gross Income                 from the Internal Revenue Service (IRS) through the IRS Data Retrieval Tool and that has not been
                                                      (AGI)                                 changed after the information was obtained from the IRS; or
                                                   b. U.S. Income Tax Paid                (2) A transcript 1 obtained at no cost from the IRS or other relevant tax authority of a U.S. territory (Guam,
                                                   c. Untaxed Portions of IRA Dis-          American Samoa, the U.S. Virgin Islands) or commonwealth (Puerto Rico and the Northern Mariana Is-
                                                      tributions.                           lands), or a foreign government that lists 2017 tax account information of the tax filer.
                                                   d. Untaxed Portions of Pen-
                                                      sions.
                                                   e. IRA Deductions and Pay-
                                                      ments.
                                                   f. Tax Exempt Interest Income
                                                   g. Education Credits
                                               Income information for tax filers          (1) For a student, or the parent(s) of a dependent student, who filed a 2017 joint income tax return and
                                                 with special circumstances:                whose income is used in the calculation of the applicant’s expected family contribution and who at the
                                                   a. Adjusted Gross Income                 time the FAFSA was completed was separated, divorced, widowed, or married to someone other than
                                                      (AGI).                                the individual included on the 2017 joint income tax return—
                                                   b. U.S. Income Tax Paid                     (a) A transcript obtained from the IRS or other relevant tax authority that lists 2017 tax account infor-
                                                   c. Untaxed Portions of IRA Dis-                mation of the tax filer(s); and
                                                      tributions.                              (b) A copy of IRS Form W–2 2 for each source of 2017 employment income received or an equivalent
                                                   d. Untaxed Portions of Pen-                    document.2
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                                                      sions.                              (2) For an individual who is required to file a 2017 IRS income tax return and has been granted a filing ex-
                                                   e. IRA Deductions and Pay-               tension by the IRS beyond the automatic six-month extension for tax year 2017—
                                                      ments.                                   (a) A copy of IRS Form 4868,3 ‘‘Application for Automatic Extension of Time to File U.S. Individual In-
                                                   f. Tax Exempt Interest Income                  come Tax Return,’’ that the individual filed with the IRS for tax year 2017;
                                                   g. Education Credits                        (b) A copy of the IRS’s approval of an extension beyond the automatic six-month extension for tax
                                                                                                  year 2017;
                                                                                               (c) Confirmation of nonfiling from the IRS dated on or after October 1, 2018;



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Document Created: 2018-11-01 08:55:35
Document Modified: 2018-11-01 08:55:35
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 on or before April 27, 2018.
ContactCheryl Gibbs, Division Director of Advanced Training and Research Division International Foreign Language Education (IFLE), Office of Postsecondary Education. Telephone: (202) 453-5690.
FR Citation83 FR 13263 

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