Privacy Act of 1974; Establishment of a New System of Records, 7204-7206 [2011-2840]
Download as PDF
7204
Federal Register / Vol. 76, No. 27 / Wednesday, February 9, 2011 / Notices
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9264–2]
Status of Motor Vehicle Budgets in
Submitted State Implementation Plan
for Transportation Conformity
Purposes; Maricopa County (Phoenix)
PM–10 Nonattainment Area, Arizona
Notice of Withdrawal of Adequacy of
Motor Vehicle Emissions Budget
Environmental Protection
Agency (EPA).
ACTION: Notice of withdrawal of
adequacy.
AGENCY:
EPA is announcing that it has
withdrawn its May 30, 2008 adequacy
finding of the 2010 particulate matter of
ten microns or less (PM–10) motor
vehicle emission budget (MVEB) for the
Maricopa County (Phoenix)
Nonattainment Area. EPA has
withdrawn the May 30, 2008 adequacy
finding because the State of Arizona
withdrew the state implementation plan
(SIP) submission containing that MVEB.
That SIP revision is no longer pending
before EPA. On January 31, 2011, EPA
sent letters to the Arizona Department of
Environmental Quality (ADEQ) and the
Maricopa Association of Governments
(MAG) withdrawing the May 30, 2008
adequacy finding of the 2010 PM–10
MVEB. EPA’s withdrawal of its May 30,
2008 adequacy finding means that the
2010 PM–10 MVEB is no longer
available for transportation conformity
purposes.
DATES: EPA’s withdrawal of the May 30,
2008 adequacy finding was made in
letters dated January 31, 2011 from EPA
Region 9 to ADEQ and MAG. This
withdrawal of the May 30, 2008
adequacy finding was effective on
January 31, 2010.
FOR FURTHER INFORMATION CONTACT:
Gregory Nudd, U.S. EPA Region 9, 415–
947–4107, nudd.gregory@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ mean U.S. EPA.
mstockstill on DSKH9S0YB1PROD with NOTICES
SUMMARY:
I. Background
On June 6, 2007, EPA found that the
Maricopa County (Phoenix)
nonattainment area failed to attain the
24-hour PM–10 National Ambient Air
Quality Standards (NAAQS) by
December 31, 2006 (72 FR 31183) as
required by the area’s most recent
approved PM–10 SIP submission. This
2007 finding required the submittal of a
new plan meeting the requirements of
section 189(d) 1 of the Clean Air Act
1 In the case of a serious PM–10 nonattainment
area in which the PM–10 standard is not attained
VerDate Mar<15>2010
17:08 Feb 08, 2011
Jkt 223001
(CAA), and referred to herein as the
‘‘Five Percent Plan,’’ by December 31,
2007.
On December 21, 2007, the Arizona
Department of Environmental Quality
(ADEQ) submitted the Five Percent Plan
intended to address the CAA
requirements in section 189(d). This
Five Percent Plan included a PM–10
MVEB of 103.3 metric tons per day
(mtpd).
On March 13, 2008, we announced
receipt of the Five Percent Plan on the
Internet and requested public comment
on the adequacy of the motor vehicle
emissions budget by April 14, 2008. We
did not receive any comments during
the comment period. During that time
we reviewed the MVEB and determined
that it met the adequacy criteria in 40
CFR 93.118(e)(4) and (5). We sent a
letter to ADEQ on May 30, 2008 stating
that the 2010 motor vehicle PM–10
emissions budget for the Maricopa area
in the submitted Five Percent Plan was
adequate. Our finding was published in
the Federal Register on June 16, 2008
(73 FR 34013), effective on July 1, 2008.
EPA proposed to partially approve
and partially disapprove the Five
Percent Plan on September 9, 2010 (75
FR 54806). On January 25, 2011, prior
to any final EPA action, Arizona
withdrew the Five Percent Plan from the
Agency’s consideration.
It is important to note that while EPA
had made an adequacy finding for this
budget, it was never approved as a SIP
revision by EPA. Hence, there is no SIP
rulemaking required to be withdrawn by
EPA in regard to this MVEB.
Because the MVEB EPA found
adequate on May 30, 2008 was
contained in the SIP submission that
has been withdrawn by the State, that
MVEB can no longer be considered
adequate for transportation conformity
purposes. EPA, therefore, sent letters on
January 31, 2011 to ADEQ and MAG
withdrawing the May 30, 2008 adequacy
finding. Until a new PM–10 SIP is
submitted and the motor vehicle
emissions budget(s) in that SIP is found
adequate or is approved, conformity
determinations will be made using the
budget of 59.7 metric tons per day from
the Serious Area Plan for PM–10 for the
Maricopa County Nonattainment Area
which was approved by EPA on July 25,
2002 (67 FR 48718).
by the applicable attainment date, section 189(d)
requires a state to submit a SIP revision that
provides for attainment of the PM–10 standard and
for an annual reduction in PM–10 and PM–10
precursor emissions within the area of not less than
five percent of the amount of such emissions as
reported in the most recent inventory prepared for
such area.
PO 00000
Frm 00060
Fmt 4703
Sfmt 4703
EPA has withdrawn its May 30, 2008
adequacy finding without prior notice
and comment because adequacy
findings are not considered rulemakings
subject to the procedural requirements
of the Administrative Procedures Act. In
addition, EPA does not believe notice
through EPA’s conformity Web site is
necessary in advance because the
withdrawn SIP is no longer pending
before EPA for consideration.
Consequently, further public comment
would be unnecessary and not in the
public interest. By sending the January
28, 2011 letters, EPA has also
withdrawn all statements and comments
previously made regarding its May 30,
2008 adequacy finding of the MVEBs
budgets for transportation conformity
purposes.
II. Notice of Withdrawal of MVEB
Adequacy Determination
This is an announcement of EPA’s
withdrawal of its May 30, 2008
adequacy finding. EPA withdrew this
adequacy finding in letters dated
January 31, 2011 from Deborah Jordan,
Director, Air Division, EPA Region 9 to
Eric C. Massey, Director, Air Quality
Division, ADEQ and Dennis Smith,
Executive Director, MAG. The effective
date of this withdrawal is January 28,
2011 based on EPA’s transportation
conformity regulation at 40 CFR
93.118(f)(1)(vi). This announcement will
also be made on EPA’s Web site:
https://www.epa.gov/otaq/
stateresources/transconf/index.htm
(once there, click on the ‘‘Adequacy
Review of SIP Submissions’’ button and
proceed to the Region 9 page for SIP
submissions that have already been
found adequate or inadequate).
Dated: January 31, 2011.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2011–2856 Filed 2–8–11; 8:45 am]
BILLING CODE 6560–50–P
FARM CREDIT ADMINISTRATION
Privacy Act of 1974; Establishment of
a New System of Records
Farm Credit Administration.
Notice of establishment of a new
system of records maintained on
individuals; request for comment.
AGENCY:
ACTION:
Individuals employed by a
depository institution, a subsidiary
owned and controlled by a depository
institution and regulated by a Federal
banking agency, or an institution
regulated by the Farm Credit
Administration (FCA), who act as
residential mortgage loan originators are
SUMMARY:
E:\FR\FM\09FEN1.SGM
09FEN1
Federal Register / Vol. 76, No. 27 / Wednesday, February 9, 2011 / Notices
required by the Secure and Fair
Enforcement for Mortgage Licensing Act
(S.A.F.E. Act) to register in the
Nationwide Mortgage Licensing System
and Registry (NMLSR), to obtain unique
identifiers, and to maintain their
registrations.
NMLSR is a Web-based system
developed and maintained by a nonFederal third party, as discussed below,
to satisfy the requirements of the
S.A.F.E. Act. NMLSR will allow a
number of Federal agencies, including
the FCA, to retrieve the registration
information by identifying particulars.
However, the FCA and the other Federal
agencies referenced above will be able
to retrieve the registration information
by identifying particulars only with
respect to employees of the institutions
each agency regulates.
To ensure full compliance with the
Privacy Act of 1974 (5 U.S.C. 552a), as
amended, the FCA is providing notice of
the existence and character of records
maintained by the NMLSR.
While employees of the financial
institutions that the FCA regulates can
submit registration information as of
January 31, 2011, the FCA has blocked
its own retrieval access to the
registration information. Thus, there
will not be a Privacy Act system of
records until this notice becomes
effective.
You may send written comments
on or before March 15, 2011. The FCA
filed a System Report with Congress and
the Office of Management and Budget
on February 3, 2011. This notice will
become effective without further
publication on March 15, 2011, unless
modified by a subsequent notice to
incorporate comments received from the
public.
DATES:
We offer a variety of
methods for you to submit your
comments. For accuracy and efficiency
reasons, commenters are encouraged to
submit comments by e-mail or through
the FCA’s Web site. As facsimiles (fax)
are difficult for us to process and
achieve compliance with section 508 of
the Rehabilitation Act, we are no longer
accepting comments submitted by fax.
Regardless of the method you use,
please do not submit your comment
multiple times via different methods.
You may submit comments by any of
the following methods:
• E-mail: Send us an e-mail at regcomm@fca.gov.
• FCA Web site: https://www.fca.gov.
Select ‘‘Public Commenters,’’ then
‘‘Public Comments,’’ and follow the
directions for ‘‘Submitting a Comment.’’
mstockstill on DSKH9S0YB1PROD with NOTICES
ADDRESSES:
VerDate Mar<15>2010
17:08 Feb 08, 2011
Jkt 223001
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Jeffrey Pienta, AttorneyAdvisor, Office of General Counsel,
Farm Credit Administration, 1501 Farm
Credit Drive, McLean, VA 22102–5090.
You may review copies of comments
we receive at our office in McLean,
Virginia, or from our Web site at
https://www.fca.gov. Once you are in the
Web site, select ‘‘Public Commenters,’’
then ‘‘Public Comments,’’ and follow the
directions for ‘‘Reading Submitted
Public Comments.’’ We will show your
comments as submitted but, for
technical reasons, we may omit items
such as logos and special characters.
Identifying information that you
provide, such as phone numbers and
addresses, will be publicly available.
However, we will attempt to remove
e-mail addresses to help reduce Internet
spam.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Pienta, Office of General
Counsel, Farm Credit Administration,
McLean, Virginia 22102–5090, (703)
883–4431, TTY (703) 883–4020.
SUPPLEMENTARY INFORMATION: This
publication satisfies any requirement of
the Privacy Act of 1974 that agencies
publish a system of records notice in the
Federal Register when there is an
establishment of a new system of
records. The notice reflects designated
points of contact for inquiring about the
system, accessing the records, and
requesting amendments to the records.
To ensure compliance with 5 U.S.C.
552a(r) of the Privacy Act, as amended,
the FCA has sent notice of this proposed
system of records to the Office of
Management and Budget, the Committee
on Oversight and Government Reform of
the House of Representatives, and the
Committee on Homeland Security and
Governmental Affairs of the Senate. The
notice is published in its entirety below.
FCA
SYSTEM NAME:
Nationwide Mortgage Licensing
System and Registry.
SECURITY CLASSIFICATION:
Unclassified but sensitive.
SYSTEM LOCATION:
Financial Institution Regulatory
Authority, 9509 Key West Avenue,
Rockville, MD 20850 (Background
Check System data).
HP Enterprise Services Charlotte
SMC, 9014 Research Drive, Charlotte,
NC 28262 (Production Center).
HP Enterprise Services Plano SMC,
6901 Windcrest Drive, Plano, TX 75024
PO 00000
Frm 00061
Fmt 4703
Sfmt 4703
7205
(Duel Use Test and Disaster Recovery
Facility).
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Residential mortgage loan originators
(MLOs) employed with: A depository
institution; a subsidiary owned and
controlled by a depository institution
and regulated by a Federal banking
agency; or an institution regulated by
the Farm Credit Administration (FCA).
CATEGORIES OF RECORDS IN THE SYSTEM:
Contains information documenting
identity, including name and former
names, Social Security number, gender,
date of birth, and place of birth; home
and business contact information; the
date on which the MLO becomes an
employee with the institution; criminal
history, including the results of a
background check; financial servicesrelated employment history; civil,
arbitration, regulatory, and disciplinary
actions arising out of the MLO’s
financial services; and licensure
revocations and suspensions.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Section 1507 of the Secure and Fair
Enforcement for Mortgage Licensing Act
(S.A.F.E. Act) (12 U.S.C. 5106).
PURPOSE(S):
The system is utilized to register
MLOs employed by State and Federally
regulated depository institutions (and
those regulated by the FCA) in a
national registry, as required by the
S.A.F.E. Act. The information is
maintained to support regulatory
supervision while providing the general
public with access to certain
information.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a
portion of the records or information
contained in this system may be
disclosed outside the FCA as a routine
use as follows:
1. To the appropriate Federal, State,
local, foreign, or self-regulatory
organization or agency responsible for
investigating, prosecuting, enforcing,
implementing, issuing or carrying out a
statute, rule, regulation, order, policy or
license if the information may be
relevant to a potential violation of civil
or criminal law, rule, regulation, order,
policy or license;
2. To a Federal agency in the
executive, legislative, or judicial branch
of government, or to a Federal Reserve
Bank, in connection with the hiring,
E:\FR\FM\09FEN1.SGM
09FEN1
mstockstill on DSKH9S0YB1PROD with NOTICES
7206
Federal Register / Vol. 76, No. 27 / Wednesday, February 9, 2011 / Notices
retaining, or assigning of an employee,
the issuance of a security clearance, the
conducting of a security or suitability
investigation of an individual, the
classifying of jobs, the letting of a
contract, the issuance of a license, grant,
or other benefits by the receiving entity,
or the lawful statutory, administrative,
or investigative purpose of the receiving
entity to the extent that the information
is relevant and necessary to the
receiving entity’s decision on the
matter.
3. To the Department of Justice, a
court, an adjudicative body or
administrative tribunal, a party in
litigation, or a witness if the FCA
determines, in its sole discretion, that
the information is relevant and
necessary to the matter;
4. To a congressional office in
response to an inquiry from the
congressional office made at the request
of the individual to whom the record
pertains;
5. To contractors, agents, or others
performing work on a contract, service,
cooperative agreement, or activity for
the FCA and who have a need to access
the information in the performance of
their duties or activities for the FCA;
6. To appropriate Federal, State, local
authorities, and other entities when (a)
it is suspected or confirmed that the
security or confidentiality of
information in the system has been
compromised; (b) there is a risk of harm
to economic or property interests,
identity theft or fraud, or harm to the
security or integrity of this system or
other systems or programs that rely
upon the compromised information; and
(c) the disclosure is made to such
agencies, entities, and persons who are
reasonably necessary to assist in efforts
to respond to the suspected or
confirmed compromise and prevent,
minimize, or remedy such harm;
7. To depository institutions or their
subsidiaries or institutions regulated by
the FCA for use in registering employees
as MLOs or renewing employee
registrations; and
8. To third parties when the
information relates to the employment
history of, and publically adjudicated
disciplinary and enforcement actions
against, loan originators that is included
in Nationwide Mortgage Licensing
System and Registry for access by the
public in accordance with section 1507
of the S.A.F.E. Act.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are stored in electronic
media.
VerDate Mar<15>2010
17:08 Feb 08, 2011
Jkt 223001
RETRIEVABILITY:
Records are retrieved by an individual
MLO’s name or unique identification
number and by the financial
institution’s name.
SAFEGUARDS:
Records are stored in a locked
environment. Access to the system is
limited to users who satisfy a
comprehensive background check. The
extent to which users have access is
based on pre-determined roles. All data
exchanges take place over an encrypted
network.
RETENTION AND DISPOSAL:
SYSTEM MANAGER AND ADDRESS:
Director, Office of Management
Services, 1501 Farm Credit Drive,
McLean VA 22102–5090.
NOTIFICATION PROCEDURES:
An individual desiring to learn of the
existence of, or to gain access to, his or
her record in this system of records
shall submit a request in writing to the
Privacy Act Officer, Office of General
Counsel, Farm Credit Administration,
McLean, VA 22102–5090. The request
should contain: (1) A statement that it
is made pursuant to the Privacy Act of
1974, (2) the name of the system of
records expected to contain the record
requested or a concise description of
such system of records, (3) necessary
information to verify the identity of the
requester, and (4) any other information
that may assist in the rapid
identification of the record for which
access is being requested.
RECORD ACCESS PROCEDURES:
Same as ‘‘Notification procedures’’
above.
CONTESTING RECORD PROCEDURES:
Same as ‘‘Notification procedures’’
above except that the envelope should
be clearly marked ‘‘Privacy Act
Amendment Request.’’ The request for
amendment of a record should: (1)
Identify the system of records
containing the record for which
amendment is requested, (2) specify the
portion of that record requested to be
amended, and (3) describe the nature of
Frm 00062
Fmt 4703
Sfmt 4703
RECORD SOURCE CATEGORIES:
Information maintained in this system
is obtained from MLOs who submit
information to the registry and the
results of FBI background checks.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Dated: February 3, 2011.
Dale L. Aultman,
Secretary, Farm Credit Administration Board.
[FR Doc. 2011–2840 Filed 2–8–11; 8:45 am]
BILLING CODE 6705–01–P
There is presently no records control
schedule covering the disposition and
retention of FCA records maintained in
NMLRS. FCA staff will work with the
National Archives and Records
Administration over the course of the
next year to establish disposition and
retention authority for FCA records
maintained in NMLRS. No data or other
FCA records of the system will be
destroyed prior to obtaining such
disposition and retention authority.
PO 00000
and reasons for each requested
amendment.
FEDERAL COMMUNICATIONS
COMMISSION
Notice of Public Information Collection
Being Reviewed by the Federal
Communications Commission,
Comments Requested
February 3, 2011.
The Federal Communications
Commission (FCC), as part of its
continuing effort to reduce paperwork
burdens, invites the general public and
other Federal agencies to take this
opportunity to comment on the
following information collection, as
required by the Paperwork Reduction
Act (PRA) of 1995, 44 U.S.C. 3501–3520.
Comments are requested concerning: (a)
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information will have practical utility;
(b) the accuracy of the Commission’s
burden estimate; (c) ways to enhance
the quality, utility, and clarity of the
information collected; (d) ways to
minimize the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology; and (e) ways to
further reduce the information
collection burden on small business
concerns with fewer than 25 employees.
The FCC may not conduct or sponsor
a collection of information unless it
displays a currently valid control
number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
PRA that does not display a valid Office
of Management and Budget (OMB)
control number.
DATES: Written PRA comments should
be submitted on or before April 11,
2011. If you anticipate that you will be
submitting comments, but find it
difficult to do so within the period of
SUMMARY:
E:\FR\FM\09FEN1.SGM
09FEN1
Agencies
[Federal Register Volume 76, Number 27 (Wednesday, February 9, 2011)]
[Notices]
[Pages 7204-7206]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2840]
=======================================================================
-----------------------------------------------------------------------
FARM CREDIT ADMINISTRATION
Privacy Act of 1974; Establishment of a New System of Records
AGENCY: Farm Credit Administration.
ACTION: Notice of establishment of a new system of records maintained
on individuals; request for comment.
-----------------------------------------------------------------------
SUMMARY: Individuals employed by a depository institution, a subsidiary
owned and controlled by a depository institution and regulated by a
Federal banking agency, or an institution regulated by the Farm Credit
Administration (FCA), who act as residential mortgage loan originators
are
[[Page 7205]]
required by the Secure and Fair Enforcement for Mortgage Licensing Act
(S.A.F.E. Act) to register in the Nationwide Mortgage Licensing System
and Registry (NMLSR), to obtain unique identifiers, and to maintain
their registrations.
NMLSR is a Web-based system developed and maintained by a non-
Federal third party, as discussed below, to satisfy the requirements of
the S.A.F.E. Act. NMLSR will allow a number of Federal agencies,
including the FCA, to retrieve the registration information by
identifying particulars. However, the FCA and the other Federal
agencies referenced above will be able to retrieve the registration
information by identifying particulars only with respect to employees
of the institutions each agency regulates.
To ensure full compliance with the Privacy Act of 1974 (5 U.S.C.
552a), as amended, the FCA is providing notice of the existence and
character of records maintained by the NMLSR.
While employees of the financial institutions that the FCA
regulates can submit registration information as of January 31, 2011,
the FCA has blocked its own retrieval access to the registration
information. Thus, there will not be a Privacy Act system of records
until this notice becomes effective.
DATES: You may send written comments on or before March 15, 2011. The
FCA filed a System Report with Congress and the Office of Management
and Budget on February 3, 2011. This notice will become effective
without further publication on March 15, 2011, unless modified by a
subsequent notice to incorporate comments received from the public.
ADDRESSES: We offer a variety of methods for you to submit your
comments. For accuracy and efficiency reasons, commenters are
encouraged to submit comments by e-mail or through the FCA's Web site.
As facsimiles (fax) are difficult for us to process and achieve
compliance with section 508 of the Rehabilitation Act, we are no longer
accepting comments submitted by fax. Regardless of the method you use,
please do not submit your comment multiple times via different methods.
You may submit comments by any of the following methods:
E-mail: Send us an e-mail at reg-comm@fca.gov.
FCA Web site: https://www.fca.gov. Select ``Public
Commenters,'' then ``Public Comments,'' and follow the directions for
``Submitting a Comment.''
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Jeffrey Pienta, Attorney-Advisor, Office of General
Counsel, Farm Credit Administration, 1501 Farm Credit Drive, McLean, VA
22102-5090.
You may review copies of comments we receive at our office in
McLean, Virginia, or from our Web site at https://www.fca.gov. Once you
are in the Web site, select ``Public Commenters,'' then ``Public
Comments,'' and follow the directions for ``Reading Submitted Public
Comments.'' We will show your comments as submitted but, for technical
reasons, we may omit items such as logos and special characters.
Identifying information that you provide, such as phone numbers and
addresses, will be publicly available. However, we will attempt to
remove e-mail addresses to help reduce Internet spam.
FOR FURTHER INFORMATION CONTACT: Jeffrey Pienta, Office of General
Counsel, Farm Credit Administration, McLean, Virginia 22102-5090, (703)
883-4431, TTY (703) 883-4020.
SUPPLEMENTARY INFORMATION: This publication satisfies any requirement
of the Privacy Act of 1974 that agencies publish a system of records
notice in the Federal Register when there is an establishment of a new
system of records. The notice reflects designated points of contact for
inquiring about the system, accessing the records, and requesting
amendments to the records.
To ensure compliance with 5 U.S.C. 552a(r) of the Privacy Act, as
amended, the FCA has sent notice of this proposed system of records to
the Office of Management and Budget, the Committee on Oversight and
Government Reform of the House of Representatives, and the Committee on
Homeland Security and Governmental Affairs of the Senate. The notice is
published in its entirety below.
FCA
SYSTEM NAME:
Nationwide Mortgage Licensing System and Registry.
SECURITY CLASSIFICATION:
Unclassified but sensitive.
SYSTEM LOCATION:
Financial Institution Regulatory Authority, 9509 Key West Avenue,
Rockville, MD 20850 (Background Check System data).
HP Enterprise Services Charlotte SMC, 9014 Research Drive,
Charlotte, NC 28262 (Production Center).
HP Enterprise Services Plano SMC, 6901 Windcrest Drive, Plano, TX
75024 (Duel Use Test and Disaster Recovery Facility).
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Residential mortgage loan originators (MLOs) employed with: A
depository institution; a subsidiary owned and controlled by a
depository institution and regulated by a Federal banking agency; or an
institution regulated by the Farm Credit Administration (FCA).
CATEGORIES OF RECORDS IN THE SYSTEM:
Contains information documenting identity, including name and
former names, Social Security number, gender, date of birth, and place
of birth; home and business contact information; the date on which the
MLO becomes an employee with the institution; criminal history,
including the results of a background check; financial services-related
employment history; civil, arbitration, regulatory, and disciplinary
actions arising out of the MLO's financial services; and licensure
revocations and suspensions.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Section 1507 of the Secure and Fair Enforcement for Mortgage
Licensing Act (S.A.F.E. Act) (12 U.S.C. 5106).
PURPOSE(S):
The system is utilized to register MLOs employed by State and
Federally regulated depository institutions (and those regulated by the
FCA) in a national registry, as required by the S.A.F.E. Act. The
information is maintained to support regulatory supervision while
providing the general public with access to certain information.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside the FCA
as a routine use as follows:
1. To the appropriate Federal, State, local, foreign, or self-
regulatory organization or agency responsible for investigating,
prosecuting, enforcing, implementing, issuing or carrying out a
statute, rule, regulation, order, policy or license if the information
may be relevant to a potential violation of civil or criminal law,
rule, regulation, order, policy or license;
2. To a Federal agency in the executive, legislative, or judicial
branch of government, or to a Federal Reserve Bank, in connection with
the hiring,
[[Page 7206]]
retaining, or assigning of an employee, the issuance of a security
clearance, the conducting of a security or suitability investigation of
an individual, the classifying of jobs, the letting of a contract, the
issuance of a license, grant, or other benefits by the receiving
entity, or the lawful statutory, administrative, or investigative
purpose of the receiving entity to the extent that the information is
relevant and necessary to the receiving entity's decision on the
matter.
3. To the Department of Justice, a court, an adjudicative body or
administrative tribunal, a party in litigation, or a witness if the FCA
determines, in its sole discretion, that the information is relevant
and necessary to the matter;
4. To a congressional office in response to an inquiry from the
congressional office made at the request of the individual to whom the
record pertains;
5. To contractors, agents, or others performing work on a contract,
service, cooperative agreement, or activity for the FCA and who have a
need to access the information in the performance of their duties or
activities for the FCA;
6. To appropriate Federal, State, local authorities, and other
entities when (a) it is suspected or confirmed that the security or
confidentiality of information in the system has been compromised; (b)
there is a risk of harm to economic or property interests, identity
theft or fraud, or harm to the security or integrity of this system or
other systems or programs that rely upon the compromised information;
and (c) the disclosure is made to such agencies, entities, and persons
who are reasonably necessary to assist in efforts to respond to the
suspected or confirmed compromise and prevent, minimize, or remedy such
harm;
7. To depository institutions or their subsidiaries or institutions
regulated by the FCA for use in registering employees as MLOs or
renewing employee registrations; and
8. To third parties when the information relates to the employment
history of, and publically adjudicated disciplinary and enforcement
actions against, loan originators that is included in Nationwide
Mortgage Licensing System and Registry for access by the public in
accordance with section 1507 of the S.A.F.E. Act.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are stored in electronic media.
RETRIEVABILITY:
Records are retrieved by an individual MLO's name or unique
identification number and by the financial institution's name.
SAFEGUARDS:
Records are stored in a locked environment. Access to the system is
limited to users who satisfy a comprehensive background check. The
extent to which users have access is based on pre-determined roles. All
data exchanges take place over an encrypted network.
RETENTION AND DISPOSAL:
There is presently no records control schedule covering the
disposition and retention of FCA records maintained in NMLRS. FCA staff
will work with the National Archives and Records Administration over
the course of the next year to establish disposition and retention
authority for FCA records maintained in NMLRS. No data or other FCA
records of the system will be destroyed prior to obtaining such
disposition and retention authority.
SYSTEM MANAGER AND ADDRESS:
Director, Office of Management Services, 1501 Farm Credit Drive,
McLean VA 22102-5090.
NOTIFICATION PROCEDURES:
An individual desiring to learn of the existence of, or to gain
access to, his or her record in this system of records shall submit a
request in writing to the Privacy Act Officer, Office of General
Counsel, Farm Credit Administration, McLean, VA 22102-5090. The request
should contain: (1) A statement that it is made pursuant to the Privacy
Act of 1974, (2) the name of the system of records expected to contain
the record requested or a concise description of such system of
records, (3) necessary information to verify the identity of the
requester, and (4) any other information that may assist in the rapid
identification of the record for which access is being requested.
RECORD ACCESS PROCEDURES:
Same as ``Notification procedures'' above.
CONTESTING RECORD PROCEDURES:
Same as ``Notification procedures'' above except that the envelope
should be clearly marked ``Privacy Act Amendment Request.'' The request
for amendment of a record should: (1) Identify the system of records
containing the record for which amendment is requested, (2) specify the
portion of that record requested to be amended, and (3) describe the
nature of and reasons for each requested amendment.
RECORD SOURCE CATEGORIES:
Information maintained in this system is obtained from MLOs who
submit information to the registry and the results of FBI background
checks.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Dated: February 3, 2011.
Dale L. Aultman,
Secretary, Farm Credit Administration Board.
[FR Doc. 2011-2840 Filed 2-8-11; 8:45 am]
BILLING CODE 6705-01-P