Privacy Act of 1974; System of Records, 26580-26583 [2012-10740]
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Federal Register / Vol. 77, No. 87 / Friday, May 4, 2012 / Notices
Street SW., Washington, DC 20436,
telephone 202–205–2000. General
information concerning the Commission
may also be obtained by accessing its
Internet server (https://www.usitc.gov).
The public record for this investigation
may be viewed on the Commission’s
electronic docket (EDIS) at https://
edis.usitc.gov. Hearing-impaired
persons are advised that information on
this matter can be obtained by
contacting the Commission’s TDD
terminal on 202–205–1810.
SUPPLEMENTARY INFORMATION: The
Commission instituted this investigation
on October 8, 2010, based on a
complaint and an amended complaint
filed by Leviton Manufacturing Co., of
Melville, New York (‘‘Leviton’’). 75 FR
62420 (Oct. 8, 2010). The complaint and
amended complaint alleged violations
of section 337 of the Tariff Act of 1930,
as amended (19 U.S.C. 1337), in the
importation into the United States, the
sale for importation, and the sale within
the United States after importation of
certain ground fault circuit interrupters
and products containing the same by
reason of infringement of claims 1–7, 9–
11, 13–17, 23–26, and 32–36 of U.S.
Patent No. 7,463,124 (‘‘the ’124 patent’’);
claims 1–11, 13–28, 30–59, 61–64, and
74–83 of U.S. Patent No. 7,737,809 (‘‘the
’809 patent’’); and claims 1–4 and 8 of
U.S. Patent No. 7,764,151 (‘‘the ’151
patent’’). The notice of investigation
named numerous respondents, and
during the course of the investigation
several of the respondents were found to
be in default or were terminated on the
basis of settlement agreements, consent
orders, or withdrawn allegations. At the
time of the evidentiary hearing, seven
respondents remained in the
investigation, consisting of Zhejiang
Trimone Electric Science & Technology
Co. Ltd., of Zhejiang, China
(‘‘Trimone’’); Fujian Hongan Electric Co,
Ltd., of Fujian, China (‘‘Hongan’’); TDE,
Inc., of Bellevue, Washington (‘‘TDE’’);
Shanghai ELE Manufacturing Corp., of
Shanghai, China (‘‘ELE’’); Orbit
Industries, Inc., of Los Angeles,
California (‘‘Orbit’’); American Electric
Depot Inc., of Fresh Meadows, New
York (‘‘AED’’); and Shanghai Jia AO
Electrical Co. (‘‘Shanghai Jia’’).
On December 20, 2011, the presiding
administrative law judge (‘‘ALJ’’) issued
his final initial determination (‘‘ID’’) in
this investigation finding that Leviton
had not sufficiently shown that a
domestic industry exists with respect to
articles protected by the asserted
patents. Accordingly, the ALJ found no
violation of section 337.
On February 21, 2012, the
Commission issued a notice that it had
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determined to review the ID in its
entirety and requested submissions from
the parties on certain issues under
review and from the parties and the
public on the issues of remedy, the
public interest, and bonding.
In response to the Commission’s
notice of review, Leviton, Trimone,
Hongan, TDE, the Commission
investigative attorney, and non-party
Pass & Seymour, Inc. filed submissions
and replies. Pass & Seymour, Inc. also
submitted a motion for leave to file a
sur-reply, which the Commission has
denied.
Upon review of the final ID, the
submissions received in response to the
Commission’s notice of review, and the
record of the investigation, the
Commission has determined that a
violation of section 337 has been shown
based on infringement of claims 1–4, 6,
8–11, 13, 15–16, 35–37, 39, and 41–46
of the ’809 patent. The Commission has
determined that certain claims of the
’124 and ’151 patents are invalid and no
violation based on those patents has
been shown.
The Commission has determined that
the appropriate form of relief is as
follows: (1) a general exclusion order
prohibiting the unlicensed entry of
ground fault circuit interrupters and
products containing the same that
infringe one or more of claims 1–4, 6,
8–11, 13, 15–16, 35–37, 39, and 41–46
of the ’809 patent, and (2) cease and
desist orders prohibiting defaulting
respondents Menard, Inc., of Eau Claire,
Wisconsin; Garvin Industries, Inc., of
Franklin Park, Illinois; Aubuchon Co.,
Inc., of Westminster, Massachusetts;
Westside Wholesale Electric & Lighting,
Inc., of Los Angeles, California; New
Aspen Devices Corporation, of
Brooklyn, New York; American Ace
Supply Inc., of San Francisco,
California; Contractor Lighting &
Supply, Inc., of Columbus, Ohio;
Littman Bros. Energy Supplies, Inc., of
Schaumburg, Illinois; Safety Plus, Inc.,
of McFarland, Wisconsin; Norcross
Electric Supply Co. of Suwanee,
Georgia; Royal Pacific Ltd. of
Albuquerque, New Mexico; and
Zhejiang Easting House Electric Co. of
Zhejiang, China, from conducting any of
the following activities in the United
States: Importing, selling, marketing,
advertising, distributing, offering for
sale, transferring (except for
exportation), and soliciting U.S. agents
or distributors for ground fault circuit
interrupters and products containing the
same that infringe one or more of claims
1–4, 6, 8–11, 13, 15–16, 35–37, 39, and
41–46 of the ’809 patent.
The Commission has further
determined that the public interest
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factors enumerated in subsections (d)(1)
and (f) (19 U.S.C. 1337(d)(1), (f)) do not
preclude issuance of the general
exclusion order or the cease and desist
orders. Finally, the Commission has
determined that a bond of $0.25 per unit
is required to permit temporary
importation of the articles in question
during the period of Presidential review
(19 U.S.C. 1337(j)). The Commission’s
orders and the record upon which it
based its determination were delivered
to the President and to the United States
Trade Representative on the day of their
issuance. The Commission has also
notified the Secretary of the Treasury of
the orders.
The Commission has terminated the
investigation.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in Part
210 of the Commission’s Rules of
Practice and Procedure (19 CFR part
210).
By order of the Commission.
Issued: April 27, 2012.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012–10742 Filed 5–3–12; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
[CPCLO Order No. 010–2012]
Privacy Act of 1974; System of
Records
United States Department of
Justice.
ACTION: Modified System of Records.
AGENCY:
Pursuant to the Privacy Act of
1974 (5 U.S.C. 552a), the United States
Department of Justice (‘‘Department’’ or
‘‘DOJ’’) proposes to modify the system
of records entitled ‘‘Freedom of
Information Act, Privacy Act, and
Mandatory Declassification Review
Records (DOJ–004),’’ last published at
77 FR 16066 (Mar. 19, 2012). DOJ is
modifying this notice by removing all
references to ‘‘Ombudsman,’’ a term
used internally within the Office of
Information Policy (OIP) for decades,
and instead more clearly describing
OIP’s role as responding to inquiries
regarding federal agency compliance
with the Freedom of Information Act
(FOIA); by revising routine use (f) in
order to clarify that records may be
provided to the National Archives and
Records Administration, Office of
Government Information Services
(OGIS), for all purposes set forth in 5
U.S.C. 552(h)(2)(A–B) and (3); and by
SUMMARY:
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revising one item in the Record Source
Categories section to clearly indicate
that agencies as well as individuals may
be the source of compliance inquiries.
The entire notice is being republished
for ease of reference.
DATES: In accordance with 5 U.S.C.
552a(e)(4) and (11), the public is given
a 30-day period in which to comment.
Therefore, please submit any comments
by June 4, 2012.
ADDRESSES: The public, Office of
Management and Budget (OMB), and
Congress are invited to submit any
comments to the Department of Justice,
Attn: Privacy Analyst, Office of Privacy
and Civil Liberties, Department of
Justice, National Place Building, 1331
Pennsylvania Avenue NW., Suite 1000,
Washington, DC 20530–0001, or by
facsimile to (202) 307–0693.
FOR FURTHER INFORMATION CONTACT:
Carmen L. Mallon, Chief of Staff, Office
of Information Policy, Department of
Justice, Suite 11050, 1425 New York
Avenue NW., Washington, DC 20530.
In accordance with 5 U.S.C. 552a(r),
the Department has provided a report to
OMB and the Congress on the
modifications to this system of records.
Dated: April 30, 2012.
Nancy C. Libin,
Chief Privacy and Civil Liberties Officer,
United States Department of Justice.
SYSTEM NAME:
Freedom of Information Act, Privacy
Act, and Mandatory Declassification
Review Records.
SECURITY CLASSIFICATION:
Unclassified and classified
information.
SYSTEM LOCATION:
United States Department of Justice,
950 Pennsylvania Ave. NW.,
Washington, DC 20530–0001, and other
Department of Justice offices throughout
the country.
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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
The system encompasses all
individuals who submit Freedom of
Information Act (FOIA), Privacy Act,
and Mandatory Declassification Review
Requests and administrative appeals to
the Department of Justice; individuals
whose requests and/or records have
been referred to the Department of
Justice by other agencies; individuals
who submit inquiries to the Department
of Justice Office of Information Policy
(OIP) regarding federal agency
compliance with the FOIA; and, in some
instances, attorneys representing
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CATEGORIES OF RECORDS IN THE SYSTEM:
The system consists of records created
or compiled in response to FOIA,
Privacy Act, and Mandatory
Declassification Review requests and
administrative appeals, including: The
original requests and administrative
appeals; responses to such requests and
administrative appeals; all related
memoranda, correspondence, notes, and
other related or supporting
documentation; and, in some instances,
copies of requested records and records
under administrative appeal. This
system also consists of records related to
inquiries submitted to OIP regarding
federal agency compliance with the
FOIA, and all records related to the
resolution of such inquiries.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The system was established and is
maintained pursuant to 5 U.S.C. 301
and 44 U.S.C. 3101 to implement the
provisions of 5 U.S.C. 552 and 5 U.S.C.
552a, and the applicable executive
order(s) governing classified national
security information.
PURPOSE(S):
JUSTICE/DOJ–004
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individuals submitting such requests
and appeals, individuals who are the
subjects of such requests and appeals,
and/or the Department of Justice
personnel assigned to handle such
requests and appeals.
Jkt 226001
This system is maintained for the
purpose of processing access requests
and administrative appeals under the
FOIA, access and amendment requests
and administrative appeals under the
Privacy Act, and requests and
administrative appeals for mandatory
declassification review under the
applicable executive order(s) governing
classified national security information;
for the purpose of participating in
litigation regarding agency action on
such requests and appeals; for the
purpose of responding to inquiries
submitted to OIP regarding federal
agency compliance with the FOIA; and
for the purpose of assisting the
Department of Justice in carrying out
any other responsibilities under the
FOIA, the Privacy Act, and applicable
executive orders.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
(a) To a federal, state, local, or foreign
agency or entity for the purpose of
consulting with that agency or entity to
enable the Department of Justice to
make a determination as to the propriety
of access to or correction of information,
or for the purpose of verifying the
identity of an individual or the accuracy
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of information submitted by an
individual who has requested access to
or amendment of information.
(b) To a federal agency or entity that
furnished the record or information for
the purpose of permitting that agency or
entity to make a decision as to access to
or correction of the record or
information, or to a federal agency or
entity for purposes of providing
guidance or advice regarding the
handling of particular requests.
(c) To a submitter or subject of a
record or information in order to obtain
assistance to the Department in making
a determination as to access or
amendment.
(d) To the National Archives and
Records Administration, Information
Security Oversight Office, Interagency
Security Classification Appeals Panel,
for the purpose of adjudicating an
appeal from a Department of Justice
denial of a request for mandatory
declassification review of records, made
under the applicable executive order(s)
governing classification.
(e) To appropriate agencies, for the
purpose of resolving an inquiry
regarding federal agency compliance
with the Freedom of Information Act.
(f) To the National Archives and
Records Administration, Office of
Government Information Services
(OGIS), to the extent necessary to fulfill
its responsibilities in 5 U.S.C. 552(h), to
review administrative agency policies,
procedures, and compliance with the
Freedom of Information Act, and to
facilitate OGIS’ offering of mediation
services to resolve disputes between
persons making FOIA requests and
administrative agencies.
(g) To contractors, grantees, experts,
consultants, students, and others
performing or working on a contract,
service, grant, cooperative agreement, or
other assignment for the federal
government, when necessary to
accomplish an agency function related
to this system of records.
(h) To a Member of Congress or staff
acting upon the Member’s behalf when
the Member or staff requests the
information on behalf of, and at the
request of, the individual who is the
subject of the record.
(i) In an appropriate proceeding
before a court, grand jury, or
administrative or adjudicative body,
when the Department of Justice
determines that the records are arguably
relevant to the proceeding; or in an
appropriate proceeding before an
administrative or adjudicative body
when the adjudicator determines the
records to be relevant to the proceeding.
(j) Where a record, either alone or in
conjunction with other information,
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indicates a violation or potential
violation of law—criminal, civil, or
regulatory in nature—the relevant
records may be referred to the
appropriate federal, state, local,
territorial, tribal, or foreign law
enforcement authority or other
appropriate entity charged with the
responsibility for investigating or
prosecuting such violation or charged
with enforcing or implementing such
law.
(k) To appropriate officials and
employees of a federal agency or entity
when the information is relevant to a
decision concerning the hiring,
appointment, or retention of an
employee; the assignment, detail, or
deployment of an employee; the
issuance, renewal, suspension, or
revocation of a security clearance; the
execution of a security or suitability
investigation; the letting of a contract; or
the issuance of a grant or benefit.
(l) To the National Archives and
Records Administration for purposes of
records management inspections
conducted under the authority of 44
U.S.C. 2904 and 2906.
(m) To a former employee of the
Department for purposes of: responding
to an official inquiry by a federal, state,
or local government entity or
professional licensing authority, in
accordance with applicable Department
regulations; or facilitating
communications with a former
employee that may be necessary for
personnel-related or other official
purposes where the Department requires
information and/or consultation
assistance from the former employee
regarding a matter within that person’s
former area of responsibility.
(n) To the news media and the public,
including disclosures pursuant to 28
CFR 50.2, unless it is determined that
release of the specific information in the
context of a particular case would
constitute an unwarranted invasion of
personal privacy.
(o) To federal, state, local, territorial,
tribal, foreign, or international licensing
agencies or associations which require
information concerning the suitability
or eligibility of an individual for a
license or permit.
(p) To appropriate agencies, entities,
and persons when (1) the Department
suspects or has confirmed that the
security or confidentiality of
information in the system of records has
been compromised; (2) the Department
has determined that as a result of the
suspected or confirmed compromise
there is a risk of harm to economic or
property interests, identity theft or
fraud, or harm to the security or
integrity of this system or other systems
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Jkt 226001
or programs (whether maintained by the
Department or another agency or entity)
that rely upon the compromised
information; 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 compromise and prevent,
minimize, or remedy such harm.
(q) To such recipients and under such
circumstances and procedures as are
mandated by federal statute or treaty.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records in this system are stored on
paper and/or in electronic form. Records
that contain national security
information and are classified are stored
in accordance with applicable executive
orders, statutes, and agency
implementing regulations.
RETRIEVABILITY:
Records are retrieved by the name of
the requester or appellant; the number
assigned to the request or appeal; and in
some instances the name of the attorney
representing the requester or appellant,
the name of an individual who is the
subject of such a request or appeal, and/
or the name or other identifier of
Department of Justice personnel
assigned to handle such requests or
appeals.
SAFEGUARDS:
Information in this system is
safeguarded in accordance with
applicable laws, rules, and policies,
including the Department’s automated
systems security and access policies.
Classified information is appropriately
stored in safes and in accordance with
other applicable requirements. In
general, records and technical
equipment are maintained in buildings
with restricted access. The required use
of password protection identification
features and other system protection
methods also restrict access. Access is
limited to those officers and employees
of the agency who have an official need
for access in order to perform their
duties.
RETENTION AND DISPOSAL:
Records are retained and disposed of
in accordance with the National
Archives and Records Administration’s
General Records Schedule 14.
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SYSTEM MANAGER(S) AND ADDRESS:
Chief of Staff, Office of Information
Policy, United States Department of
Justice, 950 Pennsylvania Avenue NW.,
Washington, DC 20530–0001.
NOTIFICATION PROCEDURE:
Same as Record Access Procedures.
RECORD ACCESS PROCEDURES:
Records concerning initial requests
under the FOIA, the Privacy Act, and
the applicable executive order(s)
governing classified national security
information are maintained by the
individual Department of Justice
component to which the initial request
was addressed or directed. Inquiries
regarding these records should be
addressed to the particular Department
of Justice component maintaining the
records.
Records concerning administrative
appeals for access requests under the
FOIA; records concerning
administrative appeals for access
requests and accountings of disclosure
requests under the Privacy Act; records
concerning administrative appeals for
access requests under the applicable
executive order(s) governing classified
national security information, with the
exception of those made to the United
States Parole Commission; and records
concerning inquiries submitted to OIP
regarding federal agency compliance
with the FOIA, are maintained by OIP.
Inquiries regarding these records should
be addressed to the Office of
Information Policy, United States
Department of Justice, 950 Pennsylvania
Avenue NW., Washington, DC 20530–
0001. Inquiries regarding administrative
appeals made to the United States
Parole Commission should be addressed
to the United States Parole Commission,
United States Department of Justice, 950
Pennsylvania Avenue NW., Washington,
DC 20530–0001.
Records concerning administrative
appeals for amendment requests under
the Privacy Act should be addressed to
the Office of Privacy and Civil Liberties,
United States Department of Justice,
1331 Pennsylvania Ave. NW., Suite
1000, National Place Building,
Washington, DC 20350–0001.
All requests for access must be in
writing and should be addressed to the
System Manager named above. The
envelope and letter should be clearly
marked ‘‘Privacy Act Access Request.’’
The request should include a general
description of the records sought and
must include the requester’s full name,
current address, and date and place of
birth. The request must be signed and
either notarized or submitted under
penalty of perjury. Some information
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may be exempt from access provisions
as described in the section entitled
‘‘Exemptions Claimed for the System.’’
An individual who is the subject of a
record in this system may access those
records that are not exempt from
disclosure. A determination whether a
record may be accessed will be made at
the time a request is received.
Although no specific form is required,
you may obtain forms for this purpose
from the FOIA/Privacy Act Mail Referral
Unit, Justice Management Division,
United States Department of Justice, 950
Pennsylvania Avenue NW., Washington,
DC 20530–0001, or on the Department
of Justice Web site at www.usdoj.gov/
04foia/att_d.htm.
Individuals seeking to contest or
amend information maintained in the
system should direct their requests to
the appropriate office indicated in the
‘‘Record Access Procedures’’ section,
above, stating clearly and concisely
what information is being contested, the
reasons for contesting it, and the
proposed amendment to the information
sought. Some information may be
exempt from contesting record
procedures as described in the section
entitled ‘‘Exemptions Claimed for the
System.’’ An individual who is the
subject of a record in this system may
seek amendment of those records that
are not exempt. A determination of
whether a record is exempt from
amendment will be made after a request
is received.
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RECORD SOURCE CATEGORIES:
Those individuals who submit initial
requests and administrative appeals
pursuant to the FOIA, the Privacy Act,
or the applicable executive order(s)
governing classified national security
information; the agency records
searched in the process of responding to
such requests and appeals; Department
of Justice personnel assigned to handle
such requests and appeals; other
agencies or entities that have referred to
the Department of Justice requests
concerning Department of Justice
records, or that have consulted with the
Department of Justice regarding the
handling of particular requests; agencies
or individuals who have submitted an
inquiry to OIP regarding federal agency
compliance with the FOIA and agencies
that are the subjects of such inquiries;
and submitters or subjects of records or
information that have provided
assistance to the Department of Justice
in making access or amendment
determinations.
15:20 May 03, 2012
Jkt 226001
The Attorney General has exempted
this system from subsections (c)(3) and
(4), (d)(1), (2), (3), and (4); (e)(1), (2), (3),
(5), and (8); and (g) of the Privacy Act
pursuant to 5 U.S.C. 552a(j) and (k).
These exemptions apply only to the
extent that information in the system is
subject to exemption pursuant to 5
U.S.C. 552a(j) and (k). Rules have been
promulgated in accordance with the
requirements of 5 U.S.C. 553(b), (c), and
(e), and have been published in the
Federal Register.
[FR Doc. 2012–10740 Filed 5–3–12; 8:45 am]
BILLING CODE 4410–FB–P
DEPARTMENT OF JUSTICE
CONTESTING RECORD PROCEDURES:
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EXEMPTIONS CLAIMED FOR THE SYSTEM:
Antitrust Division
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—Cooperative Research
Group on Evaluation of Distributed
Leak Detection Systems—Performance
Testing
Notice is hereby given that, on April
6, 2012, pursuant to Section 6(a) of the
National Cooperative Research and
Production Act of 1993, 15 U.S.C. 4301
et seq. (‘‘the Act’’), Southwest Research
Institute—Cooperative Research Group
on Evaluation of Distributed Leak
Detection Systems—Performance
Testing (‘‘LDS–PT’’) has filed written
notifications simultaneously with the
Attorney General and the Federal Trade
Commission disclosing (1) the identities
of the parties to the venture and (2) the
nature and objectives of the venture.
The notifications were filed for the
purpose of invoking the Act’s provisions
limiting the recovery of antitrust
plaintiffs to actual damages under
specified circumstances.
Pursuant to Section 6(b) of the Act,
the identities of the parties to the
venture are: ExxonMobil Upstream
Research Co., Houston, TX; and Shell
Exploration & Production Co., Houston,
TX. The general area of LDS–PT’s
planned activity is to determine the
applicability of using various fiberoptic-based leak detection systems for
offshore pipelines. Laboratory testing of
distributed temperature and distributed
acoustic systems will be performed to
establish their sensitivity over a range of
conditions.
Patricia A. Brink,
Director of Civil Enforcement, Antitrust
Division.
[FR Doc. 2012–10802 Filed 5–3–12; 8:45 am]
BILLING CODE P
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26583
DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—Petroleum Environmental
Research Forum Project No. 2011–01,
Ultra Low Nutrient Control in
Wastewater Effluents
Notice is hereby given that, on April
9, 2012, pursuant to Section 6(a) of the
National Cooperative Research and
Production Act of 1993, 15 U.S.C. 4301
et seq. (‘‘the Act’’), Petroleum
Environmental Research Forum (PERF)
Project No. 2011–01, Ultra Low Nutrient
Control in Wastewater Effluents (‘‘PERF
Project No. 2011–01’’) has filed written
notifications simultaneously with the
Attorney General and the Federal Trade
Commission disclosing (1) the identities
of the parties to the venture and (2) the
nature and objectives of the venture.
The notifications were filed for the
purpose of invoking the Act’s provisions
limiting the recovery of antitrust
plaintiffs to actual damages under
specified circumstances.
Pursuant to Section 6(b) of the Act,
the identities of the parties to the
venture are: ExxonMobil Research and
Engineering Company, Fairfax, VA; BP
Products North America Inc.,
Naperville, IL; Chevron U.S.A. Inc.,
acting through its Chevron Energy
Technology Company Division, San
Ramon, CA; ConocoPhillips Company,
Bartlesville, OK; Shell Global Solutions
(US) Inc., Houston, TX; and Total S.A.,
Paris, FRANCE. The general area of
PERF Project No. 2011–01’s planned
activity is, through cooperative research
efforts, to explore technical options to
achieve ultra-low nutrient discharge
requirements that are developing in
some areas by sharing company
experience on existing methodologies
for controlling/removing nutrients from
wastewater, and engaging a third party
consultant to summarize current state of
the technologies and understand their
feasibility and limitations.
Patricia A. Brink,
Director of Civil Enforcement, Antitrust
Division.
[FR Doc. 2012–10803 Filed 5–3–12; 8:45 am]
BILLING CODE P
POSTAL REGULATORY COMMISSION
[Docket No. CP2012–21; Order No. 1325]
International Mail Contract
Postal Regulatory Commission.
Notice.
AGENCY:
ACTION:
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]]>Agencies
[Federal Register Volume 77, Number 87 (Friday, May 4, 2012)]
[Notices]
[Pages 26580-26583]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10740]
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DEPARTMENT OF JUSTICE
[CPCLO Order No. 010-2012]
Privacy Act of 1974; System of Records
AGENCY: United States Department of Justice.
ACTION: Modified System of Records.
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SUMMARY: Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), the
United States Department of Justice (``Department'' or ``DOJ'')
proposes to modify the system of records entitled ``Freedom of
Information Act, Privacy Act, and Mandatory Declassification Review
Records (DOJ-004),'' last published at 77 FR 16066 (Mar. 19, 2012). DOJ
is modifying this notice by removing all references to ``Ombudsman,'' a
term used internally within the Office of Information Policy (OIP) for
decades, and instead more clearly describing OIP's role as responding
to inquiries regarding federal agency compliance with the Freedom of
Information Act (FOIA); by revising routine use (f) in order to clarify
that records may be provided to the National Archives and Records
Administration, Office of Government Information Services (OGIS), for
all purposes set forth in 5 U.S.C. 552(h)(2)(A-B) and (3); and by
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revising one item in the Record Source Categories section to clearly
indicate that agencies as well as individuals may be the source of
compliance inquiries. The entire notice is being republished for ease
of reference.
DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), the public is
given a 30-day period in which to comment. Therefore, please submit any
comments by June 4, 2012.
ADDRESSES: The public, Office of Management and Budget (OMB), and
Congress are invited to submit any comments to the Department of
Justice, Attn: Privacy Analyst, Office of Privacy and Civil Liberties,
Department of Justice, National Place Building, 1331 Pennsylvania
Avenue NW., Suite 1000, Washington, DC 20530-0001, or by facsimile to
(202) 307-0693.
FOR FURTHER INFORMATION CONTACT: Carmen L. Mallon, Chief of Staff,
Office of Information Policy, Department of Justice, Suite 11050, 1425
New York Avenue NW., Washington, DC 20530.
In accordance with 5 U.S.C. 552a(r), the Department has provided a
report to OMB and the Congress on the modifications to this system of
records.
Dated: April 30, 2012.
Nancy C. Libin,
Chief Privacy and Civil Liberties Officer, United States Department of
Justice.
JUSTICE/DOJ-004
SYSTEM NAME:
Freedom of Information Act, Privacy Act, and Mandatory
Declassification Review Records.
SECURITY CLASSIFICATION:
Unclassified and classified information.
SYSTEM LOCATION:
United States Department of Justice, 950 Pennsylvania Ave. NW.,
Washington, DC 20530-0001, and other Department of Justice offices
throughout the country.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The system encompasses all individuals who submit Freedom of
Information Act (FOIA), Privacy Act, and Mandatory Declassification
Review Requests and administrative appeals to the Department of
Justice; individuals whose requests and/or records have been referred
to the Department of Justice by other agencies; individuals who submit
inquiries to the Department of Justice Office of Information Policy
(OIP) regarding federal agency compliance with the FOIA; and, in some
instances, attorneys representing individuals submitting such requests
and appeals, individuals who are the subjects of such requests and
appeals, and/or the Department of Justice personnel assigned to handle
such requests and appeals.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system consists of records created or compiled in response to
FOIA, Privacy Act, and Mandatory Declassification Review requests and
administrative appeals, including: The original requests and
administrative appeals; responses to such requests and administrative
appeals; all related memoranda, correspondence, notes, and other
related or supporting documentation; and, in some instances, copies of
requested records and records under administrative appeal. This system
also consists of records related to inquiries submitted to OIP
regarding federal agency compliance with the FOIA, and all records
related to the resolution of such inquiries.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The system was established and is maintained pursuant to 5 U.S.C.
301 and 44 U.S.C. 3101 to implement the provisions of 5 U.S.C. 552 and
5 U.S.C. 552a, and the applicable executive order(s) governing
classified national security information.
PURPOSE(S):
This system is maintained for the purpose of processing access
requests and administrative appeals under the FOIA, access and
amendment requests and administrative appeals under the Privacy Act,
and requests and administrative appeals for mandatory declassification
review under the applicable executive order(s) governing classified
national security information; for the purpose of participating in
litigation regarding agency action on such requests and appeals; for
the purpose of responding to inquiries submitted to OIP regarding
federal agency compliance with the FOIA; and for the purpose of
assisting the Department of Justice in carrying out any other
responsibilities under the FOIA, the Privacy Act, and applicable
executive orders.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
(a) To a federal, state, local, or foreign agency or entity for the
purpose of consulting with that agency or entity to enable the
Department of Justice to make a determination as to the propriety of
access to or correction of information, or for the purpose of verifying
the identity of an individual or the accuracy of information submitted
by an individual who has requested access to or amendment of
information.
(b) To a federal agency or entity that furnished the record or
information for the purpose of permitting that agency or entity to make
a decision as to access to or correction of the record or information,
or to a federal agency or entity for purposes of providing guidance or
advice regarding the handling of particular requests.
(c) To a submitter or subject of a record or information in order
to obtain assistance to the Department in making a determination as to
access or amendment.
(d) To the National Archives and Records Administration,
Information Security Oversight Office, Interagency Security
Classification Appeals Panel, for the purpose of adjudicating an appeal
from a Department of Justice denial of a request for mandatory
declassification review of records, made under the applicable executive
order(s) governing classification.
(e) To appropriate agencies, for the purpose of resolving an
inquiry regarding federal agency compliance with the Freedom of
Information Act.
(f) To the National Archives and Records Administration, Office of
Government Information Services (OGIS), to the extent necessary to
fulfill its responsibilities in 5 U.S.C. 552(h), to review
administrative agency policies, procedures, and compliance with the
Freedom of Information Act, and to facilitate OGIS' offering of
mediation services to resolve disputes between persons making FOIA
requests and administrative agencies.
(g) To contractors, grantees, experts, consultants, students, and
others performing or working on a contract, service, grant, cooperative
agreement, or other assignment for the federal government, when
necessary to accomplish an agency function related to this system of
records.
(h) To a Member of Congress or staff acting upon the Member's
behalf when the Member or staff requests the information on behalf of,
and at the request of, the individual who is the subject of the record.
(i) In an appropriate proceeding before a court, grand jury, or
administrative or adjudicative body, when the Department of Justice
determines that the records are arguably relevant to the proceeding; or
in an appropriate proceeding before an administrative or adjudicative
body when the adjudicator determines the records to be relevant to the
proceeding.
(j) Where a record, either alone or in conjunction with other
information,
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indicates a violation or potential violation of law--criminal, civil,
or regulatory in nature--the relevant records may be referred to the
appropriate federal, state, local, territorial, tribal, or foreign law
enforcement authority or other appropriate entity charged with the
responsibility for investigating or prosecuting such violation or
charged with enforcing or implementing such law.
(k) To appropriate officials and employees of a federal agency or
entity when the information is relevant to a decision concerning the
hiring, appointment, or retention of an employee; the assignment,
detail, or deployment of an employee; the issuance, renewal,
suspension, or revocation of a security clearance; the execution of a
security or suitability investigation; the letting of a contract; or
the issuance of a grant or benefit.
(l) To the National Archives and Records Administration for
purposes of records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906.
(m) To a former employee of the Department for purposes of:
responding to an official inquiry by a federal, state, or local
government entity or professional licensing authority, in accordance
with applicable Department regulations; or facilitating communications
with a former employee that may be necessary for personnel-related or
other official purposes where the Department requires information and/
or consultation assistance from the former employee regarding a matter
within that person's former area of responsibility.
(n) To the news media and the public, including disclosures
pursuant to 28 CFR 50.2, unless it is determined that release of the
specific information in the context of a particular case would
constitute an unwarranted invasion of personal privacy.
(o) To federal, state, local, territorial, tribal, foreign, or
international licensing agencies or associations which require
information concerning the suitability or eligibility of an individual
for a license or permit.
(p) To appropriate agencies, entities, and persons when (1) the
Department suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised; (2) the Department has determined that as a result of the
suspected or confirmed compromise there is a risk of harm to economic
or property interests, identity theft or fraud, or harm to the security
or integrity of this system or other systems or programs (whether
maintained by the Department or another agency or entity) that rely
upon the compromised information; 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 compromise and prevent, minimize, or remedy such harm.
(q) To such recipients and under such circumstances and procedures
as are mandated by federal statute or treaty.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records in this system are stored on paper and/or in electronic
form. Records that contain national security information and are
classified are stored in accordance with applicable executive orders,
statutes, and agency implementing regulations.
RETRIEVABILITY:
Records are retrieved by the name of the requester or appellant;
the number assigned to the request or appeal; and in some instances the
name of the attorney representing the requester or appellant, the name
of an individual who is the subject of such a request or appeal, and/or
the name or other identifier of Department of Justice personnel
assigned to handle such requests or appeals.
SAFEGUARDS:
Information in this system is safeguarded in accordance with
applicable laws, rules, and policies, including the Department's
automated systems security and access policies. Classified information
is appropriately stored in safes and in accordance with other
applicable requirements. In general, records and technical equipment
are maintained in buildings with restricted access. The required use of
password protection identification features and other system protection
methods also restrict access. Access is limited to those officers and
employees of the agency who have an official need for access in order
to perform their duties.
RETENTION AND DISPOSAL:
Records are retained and disposed of in accordance with the
National Archives and Records Administration's General Records Schedule
14.
SYSTEM MANAGER(S) AND ADDRESS:
Chief of Staff, Office of Information Policy, United States
Department of Justice, 950 Pennsylvania Avenue NW., Washington, DC
20530-0001.
NOTIFICATION PROCEDURE:
Same as Record Access Procedures.
RECORD ACCESS PROCEDURES:
Records concerning initial requests under the FOIA, the Privacy
Act, and the applicable executive order(s) governing classified
national security information are maintained by the individual
Department of Justice component to which the initial request was
addressed or directed. Inquiries regarding these records should be
addressed to the particular Department of Justice component maintaining
the records.
Records concerning administrative appeals for access requests under
the FOIA; records concerning administrative appeals for access requests
and accountings of disclosure requests under the Privacy Act; records
concerning administrative appeals for access requests under the
applicable executive order(s) governing classified national security
information, with the exception of those made to the United States
Parole Commission; and records concerning inquiries submitted to OIP
regarding federal agency compliance with the FOIA, are maintained by
OIP. Inquiries regarding these records should be addressed to the
Office of Information Policy, United States Department of Justice, 950
Pennsylvania Avenue NW., Washington, DC 20530-0001. Inquiries regarding
administrative appeals made to the United States Parole Commission
should be addressed to the United States Parole Commission, United
States Department of Justice, 950 Pennsylvania Avenue NW., Washington,
DC 20530-0001.
Records concerning administrative appeals for amendment requests
under the Privacy Act should be addressed to the Office of Privacy and
Civil Liberties, United States Department of Justice, 1331 Pennsylvania
Ave. NW., Suite 1000, National Place Building, Washington, DC 20350-
0001.
All requests for access must be in writing and should be addressed
to the System Manager named above. The envelope and letter should be
clearly marked ``Privacy Act Access Request.'' The request should
include a general description of the records sought and must include
the requester's full name, current address, and date and place of
birth. The request must be signed and either notarized or submitted
under penalty of perjury. Some information
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may be exempt from access provisions as described in the section
entitled ``Exemptions Claimed for the System.'' An individual who is
the subject of a record in this system may access those records that
are not exempt from disclosure. A determination whether a record may be
accessed will be made at the time a request is received.
Although no specific form is required, you may obtain forms for
this purpose from the FOIA/Privacy Act Mail Referral Unit, Justice
Management Division, United States Department of Justice, 950
Pennsylvania Avenue NW., Washington, DC 20530-0001, or on the
Department of Justice Web site at www.usdoj.gov/04foia/att_d.htm.
CONTESTING RECORD PROCEDURES:
Individuals seeking to contest or amend information maintained in
the system should direct their requests to the appropriate office
indicated in the ``Record Access Procedures'' section, above, stating
clearly and concisely what information is being contested, the reasons
for contesting it, and the proposed amendment to the information
sought. Some information may be exempt from contesting record
procedures as described in the section entitled ``Exemptions Claimed
for the System.'' An individual who is the subject of a record in this
system may seek amendment of those records that are not exempt. A
determination of whether a record is exempt from amendment will be made
after a request is received.
RECORD SOURCE CATEGORIES:
Those individuals who submit initial requests and administrative
appeals pursuant to the FOIA, the Privacy Act, or the applicable
executive order(s) governing classified national security information;
the agency records searched in the process of responding to such
requests and appeals; Department of Justice personnel assigned to
handle such requests and appeals; other agencies or entities that have
referred to the Department of Justice requests concerning Department of
Justice records, or that have consulted with the Department of Justice
regarding the handling of particular requests; agencies or individuals
who have submitted an inquiry to OIP regarding federal agency
compliance with the FOIA and agencies that are the subjects of such
inquiries; and submitters or subjects of records or information that
have provided assistance to the Department of Justice in making access
or amendment determinations.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
The Attorney General has exempted this system from subsections
(c)(3) and (4), (d)(1), (2), (3), and (4); (e)(1), (2), (3), (5), and
(8); and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j) and (k).
These exemptions apply only to the extent that information in the
system is subject to exemption pursuant to 5 U.S.C. 552a(j) and (k).
Rules have been promulgated in accordance with the requirements of 5
U.S.C. 553(b), (c), and (e), and have been published in the Federal
Register.
[FR Doc. 2012-10740 Filed 5-3-12; 8:45 am]
BILLING CODE 4410-FB-P
