Privacy Act of 1974; System of Records-Alternative Dispute Resolution (ADR) Center Case Tracking System, 67348-67352 [2012-27431]
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Federal Register / Vol. 77, No. 218 / Friday, November 9, 2012 / Notices
believes that these changes will lead to
more students completing the FAFSA
and will assist more students with their
pursuit of postsecondary education
through access to Title IV, HEA program
assistance.
Dated: November 5, 2012.
Darrin A. King,
Director, Information Collection Clearance
Division, Privacy, Information and Records
Management Services, Office of Management.
[FR Doc. 2012–27449 Filed 11–8–12; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF EDUCATION
Privacy Act of 1974; System of
Records—Alternative Dispute
Resolution (ADR) Center Case
Tracking System
Office of Management (OM),
Alternative Dispute Resolution Center,
Department of Education.
ACTION: Notice of altered systems of
records.
AGENCY:
In accordance with the
Privacy Act of 1974, as amended, 5
U.S.C. 552a (Privacy Act), the
Department of Education (Department)
publishes this notice proposing to revise
the system of records entitled
‘‘Grievances Filed Informally Through
the Informal Dispute Resolution Center’’
(IDR Center) (18–05–12), including
revising the title to ‘‘Alternative Dispute
Resolution (ADR) Center Case Tracking
System.’’
DATES: Submit your comments on this
proposed altered system of records on or
before December 10, 2012.
The Department has filed a report
describing the altered system of records
covered by this notice with the Chair of
the Senate Committee on Homeland
Security and Governmental Affairs, the
Chair of the House Committee on
Oversight and Government Reform, and
the Administrator of the Office of
Information and Regulatory Affairs,
Office of Management and Budget
(OMB) on November 6, 2012. This
altered system of records will become
effective on the later date of: (1) The
expiration of the 40-day period for OMB
review on December 17, 2012, unless
OMB waives 10 days of the 40-day
review period for compelling reasons
shown by the Department; or (2)
December 10, 2012, unless the systems
of records needs to be changed as a
result of public comment or OMB
review.
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SUMMARY:
Address all comments about
the ADR Center Case Tracking system of
records to Debra A. Bennett, Director,
ADDRESSES:
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Alternative Dispute Resolution Center,
Office of Management, U.S. Department
of Education, Capitol Place Building, 80
F Street NW., Room 408C/Mail Stop
4000, Washington, DC 20001–1528. If
you prefer to send comments through
the Internet, use the following address:
comments@ed.gov.
You must include the term ‘‘ADR
Center System of Records’’ in the
subject line of your electronic message.
During and after the comment period,
you may inspect all public comments
about this notice at the U.S. Department
of Education in room 410–F, 80 F Street
NW., Room 410C/Mail Stop 4000,
Washington, DC 20001–1528, between
the hours of 8:00 a.m. and 4:30 p.m.,
Eastern time, Monday through Friday of
each week except Federal holidays.
Assistance to Individuals With
Disabilities in Reviewing the
Rulemaking Record
On request we will provide an
appropriate accommodation or auxiliary
aid 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:
Debra A. Bennett, Director, Alternative
Dispute Resolution Center, Office of
Management, U.S. Department of
Education, Capitol Place Building, 80 F
Street NW., Room 408C/Mail Stop 4000,
Washington, DC 20001–1528.
Telephone number: 202–401–0693. If
you use a telecommunications device
for the deaf (TDD), or text telephone
(TTY), you may call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
SUPPLEMENTARY INFORMATION:
Introduction
The ADR Center Case Tracking
System is a web-based J2EE application
that is platform independent and
captures all information relating to
Alternative Dispute Resolution case
processing. It tracks, manages, and
reports on all data, events, and
procedures related to pre-grievances
(administrative and negotiated), preEqual Employment Opportunity (EEO)
complaints, formal EEO complaints, and
other workplace issues. The ADR Center
Case Tracking System provides a
reporting module that collects data for
tracking, managing, and reporting
purposes, including, but not limited to,
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management reports, statistical analysis,
and case status reports.
The ADR Center Case Tracking
System will be a standalone system of
records that will no longer be located in
the OM, Office of Hearings and Appeals,
but instead will be located in the OM,
Alternative Dispute Resolution Center.
These records will be maintained, not
only in paper files in filing cabinets, but
will now also be maintained
electronically on a computerized
tracking system, as well as in an email
system. They will now be maintained
electronically to improve efficiency and
functionality, particularly with regard to
tracking. The ADR Center Case Tracking
System will collect the same data as
previously collected on current and
former non-bargaining unit employees
of the Department and applicants.
The Department published the
original system of records on June 4,
1999, in the Federal Register. (64 FR
30106, 30137–30139). This notice adds
the category of individuals whose
records are maintained to include
current and former bargaining-unit
employees of the Department. It also
revises the purpose for which the
information is used in the system of
records to indicate that it will be used:
(1) To track, manage, and report on all
data, events, and procedures related to
pre-grievances (administrative or
negotiated); (2) to track, manage, and
report on all data, events, and
procedures related to pre-Equal EEO
complaints referred to the ADR Center
for alternative dispute resolution; (3) to
track, manage, and report on all data,
events, and procedures related to formal
EEO complaints referred to the ADR
Center for alternative dispute resolution;
(4) to track, manage, and report on all
data, events, and procedures related to
Department employees filing any
workplace issue; (5) to collect, analyze,
and report data pertinent to the
particular claim being asserted to
include some Personally Identifiable
Information (PII) for periodic reports
and analysis; (6) to maintain a record of
the data provided by employees
requesting assistance; (7) to act as a
source for information necessary to
fulfill OM, Equal Employment
Opportunity Services’ alternative
dispute resolution reporting
requirements; and (8) to enable
complaint resolution partners to review
and analyze the data of their formal
grievance/complaint population. In
addition, the authority for maintenance
of the ADR Center Case Tracking system
of records has been updated to include
applicable sources of authority.
In addition, the Department proposes
to revise the routine uses. We propose
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to revise routine use (3)(a)(iii)
‘‘Litigation and Alternative Dispute
Resolution (ADR) Disclosures’’ to permit
the Department to disclose certain
records from this system to the parties
described in routine use paragraphs
(3)(b) ’’Disclosure to the Department of
Justice (DOJ),’’ (3)(c) ‘‘Administrative
Disclosures,’’ and (3)(d) ‘‘Parties,
Counsel, Representatives, and
Witnesses’’ for any Department
employee in his or her individual
capacity if the DOJ has been requested
to provide or arrange for representation
of the employee.
The Department proposes to also
revise routine use (6) ‘‘Labor
Organization Disclosure’’ to permit the
Department to disclose records from this
system to an arbitrator to resolve
disputes under a negotiated grievance
procedure or to officials of labor
organizations recognized under 5 U.S.C.
chapter 71 when relevant and necessary
to their duties of exclusive
representation. In addition, the
Department also proposes to revise
routine use (7) ‘‘Freedom of Information
Act (FOIA) and Privacy Act Advice
Disclosure’’ to permit the Department to
disclose records from this system to the
Department of Justice and 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.
Finally, the Department proposes to
add a new, routine use (13) ‘‘Disclosure
in the Course of Responding to a Breach
of Data’’ to permit the Department to
disclose records from this system to
appropriate agencies, entities, and
persons when: (a) The Department
suspects or has confirmed that the
security or confidentiality of
information in the system of records has
been compromised; (b) the Department
has determined that as a result for 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 (c) 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.
The notice also revises the policies
and practices for storing, retrieving,
accessing, retaining, and disposing of
records in the system (particularly the
retention and disposal of records in the
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system), the safeguards that protect the
records in the system, and updates the
system manager and address. The
retention and disposal policy has been
updated to comply with the General
Records Schedule approved by the
National Archives and Records
Administration. The description of
safeguards has been updated to include
additional security measures that have
been put in place, including monitoring
by security personnel and the testing of
the system’s security posture.
The Privacy Act requires the
Department to publish in the Federal
Register this notice of an altered system
of records (5 U.S.C. 552a(e)(4) and (11)).
The Department’s regulations
implementing the Privacy Act are
contained in part 5b of title 34 of the
Code of Federal Regulations (CFR).
The Privacy Act applies to any record
about an individual containing
individually identifying information
that is retrieved from a system of
records by a unique identifier associated
with each individual, such as a name or
social security number. The information
about each individual is called a
‘‘record,’’ and the system, whether
manual or computer-based, is called a
‘‘system of records.’’
The Privacy Act requires each agency
to publish notices of systems of records
in the Federal Register and to prepare
reports to OMB and Congress whenever
the agency publishes a new system of
records or makes a significant change to
an established system of records.
Each agency is also required to send
copies of the report to the Chair of the
Senate Committee on Homeland
Security and Governmental Affairs and
the Chair of the House Committee on
Oversight and Government Reform.
These reports are included to permit an
evaluation of the probable effect of the
proposal on the privacy rights of
individuals.
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 contact person listed in
this section.
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.gpo.gov/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 Adobe Portable Document
Format (PDF). To use PDF you must
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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: November 6, 2012.
Winona H. Varnon,
Principal Deputy Assistant Secretary for
Management, Delegated the Authority to
Perform the Functions and Duties of the
Assistant Secretary for Management.
For the reasons discussed in the
introduction, the Principal Deputy
Assistant Secretary for Management,
U.S. Department of Education
(Department) publishes a notice of
altered system of records to read as
follows:
SYSTEM NUMBER: 18–05–12
SYSTEM NAME:
Alternative Dispute Resolution (ADR)
Center Case Tracking System
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Alternative Dispute Resolution
Center, Office of Management, U.S.
Department of Education, Capitol Place
Building, 80 F Street, NW., Room 408C/
Mail Stop 4000, Washington, DC 20001–
1528.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
This system contains records about
current and former Department
employees or applicants who have
contacted the ADR Center within 45
calendar days of becoming aware of an
incident or work-related dispute
needing resolution. A work-related
dispute can include a pre-grievance
(administrative or negotiated), pre-Equal
Employment Opportunity (EEO)
complaint, or formal EEO complaint
that involves various labor and
employment laws and regulations
pertaining to informal workplace
dispute resolution.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system of records produces an
Alternative Dispute Resolution Center
case file that contains personally
identifying information that is pertinent
to the particular claim (e.g., nonselection, disciplinary action,
performance problem) being asserted,
including, but not limited to, documents
that contain the employee’s name, sex,
date of birth, home address, and
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telephone number. This system of
records does not include records
covered by the Department’s system of
records notices entitled ‘‘Discrimination
Complaints Records System’’ 18–05–04
or the Equal Employment Opportunity
Commission (EEOC)/GOVT-1 System of
Records Notice entitled ‘‘Equal
Employment Opportunity in the Federal
Government Complaint and Appeal
Records’’ and ‘‘Grievances Filed
Formally Under the Administrative
Grievance Procedure’’ 18–05–05’’ or
‘‘Grievance Records Filed Under
Procedures Established by Labor
Management Negotiations’’ 18–05–06.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The system is authorized under the
Administrative Dispute Resolution Act
of 1996 (ADRA), 5 U.S.C. 571 et seq.;
Age Discrimination in Employment Act
of 1967, as amended (ADEA), 29 U.S.C.
621 et seq.; EEOC regulations, 29 CFR
part 1614; Title VII of the Civil Rights
Act of 1964, 42 U.S.C. 2000e et seq.;
Sections 501 and 505 of the
Rehabilitation Act of 1973, as amended,
29 U.S.C. 791 et seq.; the Equal Pay Act,
29 U.S.C. 206(d); the Genetic
Information Nondiscrimination Act, 42
U.S.C. 2000ff et seq.; Department of
Education, Personnel Management
Instruction 771–1-Employee Grievances;
and, the Department of Education’s
Collective Bargaining Agreement,
Article 42-Grievance Procedure.
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PURPOSE(S):
The information in this system is
used: (1) To track, manage, and report
on all data, events, and procedures
related to pre-grievances (administrative
or negotiated); (2) to track, manage, and
report on all data, events, and
procedures related to pre-EEO
complaints referred to the ADR Center
for alternative dispute resolution; (3) to
track, manage, and report on all data,
events, and procedures related to formal
EEO complaints referred to the ADR
Center for alternative dispute resolution;
(4) to track, manage, and report on all
other data, events, and procedures
related to any workplace issue; (5) to
collect, analyze, and report data
pertinent to the particular claim being
asserted to include some Personally
Identifiable Information (PII) for
periodic reports and analysis; (6) to
maintain a record of the data provided
by employees requesting assistance; (7)
to act as a source for information
necessary to fulfill Equal Employment
Opportunity Services’ alternative
dispute resolution reporting
requirements; and (8) to enable
complaint resolution partners to review
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and analyze the data of their formal
grievance/complaint population.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
The Department may disclose
information contained in a record in
this system of records under the routine
uses listed in the system of records
without the consent of the individual, if
the disclosure is compatible with the
purposes for which the record was
collected. These disclosures may be
made on a case-by-case basis or, if the
Department has complied with the
computer matching requirements of the
Privacy Act of 1974, as amended
(Privacy Act), under a computer
matching agreement.
(1) Disclosure for Use by Other Law
Enforcement Agencies. The Department
may disclose information to any
Federal, State, local, or foreign agency
or other public authority responsible for
enforcing, investigating, or prosecuting
violations of administrative, civil, or
criminal law or regulation if that
information is relevant to any
enforcement, regulatory, investigative,
or prosecutorial responsibility within
the receiving entity’s jurisdiction.
(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
records to the appropriate agency,
whether foreign, Federal, State, Tribal,
or local, charged with the responsibility
of investigating or prosecuting that
violation or charged with enforcing or
implementing the statute, Executive
order, rule, regulation, or order issued
pursuant thereto.
(3) Litigation and ADR Disclosures.
(a) Introduction. In the event that one
of the parties listed below is involved in
litigation or ADR, or has an interest in
litigation 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; or
(ii) Any Department employee in his
or her official capacity; or
(iii) Any Department employee in his
or her individual capacity if the
Department of Justice (DOJ) has agreed
to or has been requested to provide or
arrange for representation of the
employee;
(iv) Any Department employee in his
or her individual capacity where the
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Department has agreed to represent the
employee; or
(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 the DOJ. If the
Department determines that disclosure
of certain records to the DOJ is relevant
and necessary to litigation or ADR, the
Department may disclose those records
as a routine use to the DOJ.
(c) Adjudicative Disclosures. If the
Department determines that disclosure
of certain records to an adjudicative
body before which the Department is
authorized to appear, an individual or
entity designated by the Department or
otherwise empowered to resolve or
mediate disputes is relevant and
necessary to the litigation or ADR, the
Department may disclose those records
as a routine use to the adjudicative
body, individual, or entity.
(d) Parties, Counsel, Representatives,
and 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
a 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
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. The Department
may disclose a record in this system of
records to another agency of the Federal
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Government if the record is relevant to
one of the following proceedings
regarding a present or former employee
of the Department: A complaint, a
grievance, or a disciplinary or
competence determination proceeding.
The disclosure may only be made
during the course of the proceeding.
(6) Labor Organization Disclosure.
The Department may disclose records
from this system to an arbitrator to
resolve disputes under a negotiated
grievance procedure or to officials of
labor organizations 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 the DOJ and the
Office of Management and Budget 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 the DOJ. The
Department may disclose records to the
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. Before
entering into such a contract, the
Department shall require the contractor
to maintain Privacy Act safeguards as
required under 5 U.S.C. 552a(m) with
respect to 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 official may disclose
records from this system of records to
that researcher solely for the purpose of
carrying out that research related to the
functions or purposes of this system of
records. The researcher shall be
required to maintain Privacy Act
safeguards with respect to the disclosed
records.
(11) Congressional Member
Disclosure. The Department may
disclose records to a member of
Congress from the record of an
individual in response to an inquiry
from the member made at the written
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request of that individual. The
member’s right to the information is no
greater than the right of the individual
who requested it.
(12) Disclosure to the OMB for Credit
Reform Act (CRA) Support. The
Department may disclose records to
OMB as necessary to fulfill CRA
requirements.
(13) Disclosure in the Course of
Responding to a Breach of Data. The
Department may disclose records from
this system to appropriate agencies,
entities, and persons when: (a) The
Department suspects or has confirmed
that the security or confidentiality of
information in the system of records has
been compromised; (b) the Department
has determined that as a result for 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 (c) 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.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
Not applicable to this notice.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained in paper files
in filing cabinets and electronically on
a computerized tracking system, and in
an email system.
RETRIEVABILITY:
Records are indexed by case tracking
number and can be retrieved by the
name of the non-Government party,
whether applicant or employee.
SAFEGUARDS:
Access to and use of the hard-copy
records and the electronic system is
limited to those persons with a ‘‘needto-know’’ and whose official duties
require such access. Hard-copy records
are stored in file cabinets in an office
location that is kept locked after the
close of the business day. Personnel
screening is employed to prevent
unauthorized disclosure. Computers are
password protected. The system is
designed with security measures to
control an individual user’s ability to
access and alter records.
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RETENTION AND DISPOSAL:
The records in this system are
maintained in accordance with the
General Records Schedule 1, item 27
Alternative Dispute Resolution (ADR)
Files. The General Files, such as,
general correspondence and copies of
statutes, regulations, meeting minutes,
reports, statistical tabulations,
evaluations of the ADR program, and
other records relating to the
Department’s overall ADR program will
be destroyed when 3 years old. A longer
retention is authorized if records are
needed for agency business. (N1–GRS–
03–2 item a).
The Case Files cover records
documenting ADR proceedings and may
include an agreement to use ADR,
documentation of the settlement or
discontinuance of the ADR case, parties’
written evaluations of the process and/
or the neutral third party mediator, and
related correspondence. The Case Files
will be destroyed 3 years after
settlement is implemented or the case is
discontinued. (N1–GRS–03–2 item b).
SYSTEM MANAGER(S) AND ADDRESS:
Director, Alternative Dispute
Resolution Center, Office of
Management, U.S. Department of
Education, Capitol Place Building, 80 F.
Street, NW., Room 408C/Mail Stop
4000, Washington, DC 20001–1528.
NOTIFICATION PROCEDURE:
If you wish to determine whether a
record exists regarding you in this
system of records, contact the system
manager. Requests must meet the
requirements in the regulations at 34
CFR 5b.5, including proof of identity.
RECORD ACCESS PROCEDURES:
If you wish to gain access to a record
in this system, contact the system
manager. Requests by an individual for
access to a record must meet the
requirements the regulations at 34 CFR
5b.5, including proof of identity.
CONTESTING RECORD PROCEDURES:
If you wish to contest the content of
a record regarding you in this system of
records, contact the system manager.
Your request must meet the
requirements of the Act regulations at
34 CFR 5b.7, including proof of identity.
RECORD SOURCE CATEGORIES:
Information in this system of records
is supplied from the following sources:
Directly by the individual filing a
request for resolution of an EEO precomplaint, EEO formal complaint or
pre-grievance, from information
supplied by the individual, or by
testimony of witnesses, employee
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representatives, or Department
employees/officials.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
[FR Doc. 2012–27431 Filed 11–8–12; 8:45 am]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Project No. 13287–004]
tkelley on DSK3SPTVN1PROD with NOTICES
City of New York; Notice of Application
Ready for Environmental Analysis and
Soliciting Comments,
Recommendations, Terms and
Conditions, and Prescriptions
Take notice that the following
hydroelectric application has been filed
with the Commission and is available
for public inspection.
a. Type of Application: Major project,
existing dam.
b. Project No.: 13287–004.
c. Date filed: February 29, 2012.
d. Applicant: City of New York.
e. Name of Project: Cannonsville
Hydroelectric Project.
f. Location: On the West Branch of the
Delaware River, near the Township of
Deposit, Delaware County, New York.
The project does not occupy any federal
lands.
g. Filed Pursuant to: Federal Power
Act, 16 U.S.C. 791(a)–825(r).
h. Applicant Contact: Anthony J.
Fiore, Chief of Staff—Operations, New
York City Department of Environmental
Protection, 59–17 Junction Blvd.,
Flushing, NY 11373–5108, (718) 595–
6529 or afiore@dep.nyc.gov.
i. FERC Contact: John Mudre, (202)
502–8902 or john.mudre@ferc.gov.
j. Deadline for filing comments,
recommendations, terms and
conditions, and prescriptions: 60 days
from the issuance date of this notice;
reply comments are due 105 days from
the issuance date of this notice.
All documents may be filed
electronically via the Internet. See 18
CFR 385.2001(a)(1)(iii) and the
instructions on the Commission’s Web
site https://www.ferc.gov/docs-filing/
efiling.asp. Commenters can submit
brief comments up to 6,000 characters,
without prior registration, using the
eComment system at https://www.ferc.
gov/docs-filing/ecomment.asp. You
must include your name and contact
information at the end of your
comments. For assistance, please
contact FERC Online Support at
FERCOnlineSupport@ferc.gov or toll
VerDate Mar<15>2010
17:34 Nov 08, 2012
Jkt 229001
free at 1–866–208–3676, or for TTY,
(202) 502–8659. Although the
Commission strongly encourages
electronic filing, documents may also be
paper-filed. To paper-file, mail an
original and seven copies to: Kimberly
D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street
NE., Washington, DC 20426.
The Commission’s Rules of Practice
require all intervenors filing documents
with the Commission to serve a copy of
that document on each person on the
official service list for the project.
Further, if an intervenor files comments
or documents with the Commission
relating to the merits of an issue that
may affect the responsibilities of a
particular resource agency, they must
also serve a copy of the document on
that resource agency.
k. This application has been accepted
and is now ready for environmental
analysis.
l. Project facilities would include: (1)
An existing 2,800-foot-long, 45-footwide earthen embankment dam with a
crest elevation of 1,175.0 feet above
mean sea level; (2) an existing 800-footlong stone masonry spillway; (3) an
existing 12-mile-long, 4,670-acre
impoundment (Cannonsville Reservoir);
(4) four proposed penstocks branching
from an existing 12-foot-diameter
intake; (5) a proposed 168-foot-long by
54-foot-wide powerhouse containing
four horizontal shaft Francis generating
units; (6) a proposed tailrace occupying
approximately one acre; (7) a proposed
transmission system consisting of a 150foot-long underground and 1,200-footlong overhead 12.47-kilovolt (kV) line, a
substation, and a 460-foot-long overhead
46-kV line; and (8) appurtenant
facilities. The project would have a total
installed capacity of 14.08 megawatts
and would generate approximately
42,281 megawatt-hours of electricity
annually.
m. A copy of the application is
available for review at the Commission
in the Public Reference Room or may be
viewed on the Commission’s Web site at
https://www.ferc.gov using the
‘‘eLibrary’’ link. Enter the docket
number excluding the last three digits in
the docket number field to access the
document. For assistance, contact FERC
Online Support. A copy is also available
for inspection and reproduction at the
address in item h above.
All filings must (1) bear in all capital
letters the title ‘‘COMMENTS’’, ‘‘REPLY
COMMENTS’’,
‘‘RECOMMENDATIONS,’’ ‘‘TERMS
AND CONDITIONS,’’ or
‘‘PRESCRIPTIONS;’’ (2) set forth in the
heading the name of the applicant and
the project number of the application to
PO 00000
Frm 00024
Fmt 4703
Sfmt 4703
which the filing responds; (3) furnish
the name, address, and telephone
number of the person submitting the
filing; and (4) otherwise comply with
the requirements of 18 CFR 385.2001
through 385.2005. All comments,
recommendations, terms and conditions
or prescriptions must set forth their
evidentiary basis and otherwise comply
with the requirements of 18 CFR 4.34(b).
Agencies may obtain copies of the
application directly from the applicant.
Each filing must be accompanied by
proof of service on all persons listed on
the service list prepared by the
Commission in this proceeding, in
accordance with 18 CFR 4.34(b), and
385.2010.
You may also register online at
https://www.ferc.gov/docs-filing/
esubscription.asp to be notified via
email of new filings and issuances
related to this or other pending projects.
For assistance, contact FERC Online
Support.
n. Public notice of the filing of the
initial development application, which
has already been given, established the
due date for filing competing
applications or notices of intent. Under
the Commission’s regulations, any
competing development application
must be filed in response to and in
compliance with public notice of the
initial development application. No
competing applications or notices of
intent may be filed in response to this
notice.
o. A license applicant must file no
later than 60 days following the date of
issuance of this notice: (1) A copy of the
water quality certification; (2) a copy of
the request for certification, including
proof of the date on which the certifying
agency received the request; or (3)
evidence of waiver of water quality
certification.
Dated: November 2, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012–27407 Filed 11–8–12; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Project No. 13739–002]
Lock+ Hydro Friends Fund XLII, LLC;
Notice of Application Accepted for
Filing and Soliciting Motions To
Intervene and Protests
Take notice that the following
hydroelectric application has been filed
E:\FR\FM\09NON1.SGM
09NON1
]]>Agencies
[Federal Register Volume 77, Number 218 (Friday, November 9, 2012)]
[Notices]
[Pages 67348-67352]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27431]
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
Privacy Act of 1974; System of Records--Alternative Dispute
Resolution (ADR) Center Case Tracking System
AGENCY: Office of Management (OM), Alternative Dispute Resolution
Center, Department of Education.
ACTION: Notice of altered systems of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, as amended, 5
U.S.C. 552a (Privacy Act), the Department of Education (Department)
publishes this notice proposing to revise the system of records
entitled ``Grievances Filed Informally Through the Informal Dispute
Resolution Center'' (IDR Center) (18-05-12), including revising the
title to ``Alternative Dispute Resolution (ADR) Center Case Tracking
System.''
DATES: Submit your comments on this proposed altered system of records
on or before December 10, 2012.
The Department has filed a report describing the altered system of
records covered by this notice with the Chair of the Senate Committee
on Homeland Security and Governmental Affairs, the Chair of the House
Committee on Oversight and Government Reform, and the Administrator of
the Office of Information and Regulatory Affairs, Office of Management
and Budget (OMB) on November 6, 2012. This altered system of records
will become effective on the later date of: (1) The expiration of the
40-day period for OMB review on December 17, 2012, unless OMB waives 10
days of the 40-day review period for compelling reasons shown by the
Department; or (2) December 10, 2012, unless the systems of records
needs to be changed as a result of public comment or OMB review.
ADDRESSES: Address all comments about the ADR Center Case Tracking
system of records to Debra A. Bennett, Director, Alternative Dispute
Resolution Center, Office of Management, U.S. Department of Education,
Capitol Place Building, 80 F Street NW., Room 408C/Mail Stop 4000,
Washington, DC 20001-1528. If you prefer to send comments through the
Internet, use the following address: comments@ed.gov.
You must include the term ``ADR Center System of Records'' in the
subject line of your electronic message. During and after the comment
period, you may inspect all public comments about this notice at the
U.S. Department of Education in room 410-F, 80 F Street NW., Room 410C/
Mail Stop 4000, Washington, DC 20001-1528, between the hours of 8:00
a.m. and 4:30 p.m., Eastern time, Monday through Friday of each week
except Federal holidays.
Assistance to Individuals With Disabilities in Reviewing the Rulemaking
Record
On request we will provide an appropriate accommodation or
auxiliary aid 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: Debra A. Bennett, Director,
Alternative Dispute Resolution Center, Office of Management, U.S.
Department of Education, Capitol Place Building, 80 F Street NW., Room
408C/Mail Stop 4000, Washington, DC 20001-1528. Telephone number: 202-
401-0693. If you use a telecommunications device for the deaf (TDD), or
text telephone (TTY), you may call the Federal Relay Service (FRS),
toll free, at 1-800-877-8339.
SUPPLEMENTARY INFORMATION:
Introduction
The ADR Center Case Tracking System is a web-based J2EE application
that is platform independent and captures all information relating to
Alternative Dispute Resolution case processing. It tracks, manages, and
reports on all data, events, and procedures related to pre-grievances
(administrative and negotiated), pre-Equal Employment Opportunity (EEO)
complaints, formal EEO complaints, and other workplace issues. The ADR
Center Case Tracking System provides a reporting module that collects
data for tracking, managing, and reporting purposes, including, but not
limited to, management reports, statistical analysis, and case status
reports.
The ADR Center Case Tracking System will be a standalone system of
records that will no longer be located in the OM, Office of Hearings
and Appeals, but instead will be located in the OM, Alternative Dispute
Resolution Center. These records will be maintained, not only in paper
files in filing cabinets, but will now also be maintained
electronically on a computerized tracking system, as well as in an
email system. They will now be maintained electronically to improve
efficiency and functionality, particularly with regard to tracking. The
ADR Center Case Tracking System will collect the same data as
previously collected on current and former non-bargaining unit
employees of the Department and applicants.
The Department published the original system of records on June 4,
1999, in the Federal Register. (64 FR 30106, 30137-30139). This notice
adds the category of individuals whose records are maintained to
include current and former bargaining-unit employees of the Department.
It also revises the purpose for which the information is used in the
system of records to indicate that it will be used: (1) To track,
manage, and report on all data, events, and procedures related to pre-
grievances (administrative or negotiated); (2) to track, manage, and
report on all data, events, and procedures related to pre-Equal EEO
complaints referred to the ADR Center for alternative dispute
resolution; (3) to track, manage, and report on all data, events, and
procedures related to formal EEO complaints referred to the ADR Center
for alternative dispute resolution; (4) to track, manage, and report on
all data, events, and procedures related to Department employees filing
any workplace issue; (5) to collect, analyze, and report data pertinent
to the particular claim being asserted to include some Personally
Identifiable Information (PII) for periodic reports and analysis; (6)
to maintain a record of the data provided by employees requesting
assistance; (7) to act as a source for information necessary to fulfill
OM, Equal Employment Opportunity Services' alternative dispute
resolution reporting requirements; and (8) to enable complaint
resolution partners to review and analyze the data of their formal
grievance/complaint population. In addition, the authority for
maintenance of the ADR Center Case Tracking system of records has been
updated to include applicable sources of authority.
In addition, the Department proposes to revise the routine uses. We
propose
[[Page 67349]]
to revise routine use (3)(a)(iii) ``Litigation and Alternative Dispute
Resolution (ADR) Disclosures'' to permit the Department to disclose
certain records from this system to the parties described in routine
use paragraphs (3)(b) ''Disclosure to the Department of Justice
(DOJ),'' (3)(c) ``Administrative Disclosures,'' and (3)(d) ``Parties,
Counsel, Representatives, and Witnesses'' for any Department employee
in his or her individual capacity if the DOJ has been requested to
provide or arrange for representation of the employee.
The Department proposes to also revise routine use (6) ``Labor
Organization Disclosure'' to permit the Department to disclose records
from this system to an arbitrator to resolve disputes under a
negotiated grievance procedure or to officials of labor organizations
recognized under 5 U.S.C. chapter 71 when relevant and necessary to
their duties of exclusive representation. In addition, the Department
also proposes to revise routine use (7) ``Freedom of Information Act
(FOIA) and Privacy Act Advice Disclosure'' to permit the Department to
disclose records from this system to the Department of Justice and 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.
Finally, the Department proposes to add a new, routine use (13)
``Disclosure in the Course of Responding to a Breach of Data'' to
permit the Department to disclose records from this system to
appropriate agencies, entities, and persons when: (a) The Department
suspects or has confirmed that the security or confidentiality of
information in the system of records has been compromised; (b) the
Department has determined that as a result for 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 (c) 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.
The notice also revises the policies and practices for storing,
retrieving, accessing, retaining, and disposing of records in the
system (particularly the retention and disposal of records in the
system), the safeguards that protect the records in the system, and
updates the system manager and address. The retention and disposal
policy has been updated to comply with the General Records Schedule
approved by the National Archives and Records Administration. The
description of safeguards has been updated to include additional
security measures that have been put in place, including monitoring by
security personnel and the testing of the system's security posture.
The Privacy Act requires the Department to publish in the Federal
Register this notice of an altered system of records (5 U.S.C.
552a(e)(4) and (11)). The Department's regulations implementing the
Privacy Act are contained in part 5b of title 34 of the Code of Federal
Regulations (CFR).
The Privacy Act applies to any record about an individual
containing individually identifying information that is retrieved from
a system of records by a unique identifier associated with each
individual, such as a name or social security number. The information
about each individual is called a ``record,'' and the system, whether
manual or computer-based, is called a ``system of records.''
The Privacy Act requires each agency to publish notices of systems
of records in the Federal Register and to prepare reports to OMB and
Congress whenever the agency publishes a new system of records or makes
a significant change to an established system of records.
Each agency is also required to send copies of the report to the
Chair of the Senate Committee on Homeland Security and Governmental
Affairs and the Chair of the House Committee on Oversight and
Government Reform. These reports are included to permit an evaluation
of the probable effect of the proposal on the privacy rights of
individuals.
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 contact person listed in
this section.
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.gpo.gov/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 Adobe 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: November 6, 2012.
Winona H. Varnon,
Principal Deputy Assistant Secretary for Management, Delegated the
Authority to Perform the Functions and Duties of the Assistant
Secretary for Management.
For the reasons discussed in the introduction, the Principal Deputy
Assistant Secretary for Management, U.S. Department of Education
(Department) publishes a notice of altered system of records to read as
follows:
SYSTEM NUMBER: 18-05-12
SYSTEM NAME:
Alternative Dispute Resolution (ADR) Center Case Tracking System
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Alternative Dispute Resolution Center, Office of Management, U.S.
Department of Education, Capitol Place Building, 80 F Street, NW., Room
408C/Mail Stop 4000, Washington, DC 20001-1528.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system contains records about current and former Department
employees or applicants who have contacted the ADR Center within 45
calendar days of becoming aware of an incident or work-related dispute
needing resolution. A work-related dispute can include a pre-grievance
(administrative or negotiated), pre-Equal Employment Opportunity (EEO)
complaint, or formal EEO complaint that involves various labor and
employment laws and regulations pertaining to informal workplace
dispute resolution.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system of records produces an Alternative Dispute Resolution
Center case file that contains personally identifying information that
is pertinent to the particular claim (e.g., non-selection, disciplinary
action, performance problem) being asserted, including, but not limited
to, documents that contain the employee's name, sex, date of birth,
home address, and
[[Page 67350]]
telephone number. This system of records does not include records
covered by the Department's system of records notices entitled
``Discrimination Complaints Records System'' 18-05-04 or the Equal
Employment Opportunity Commission (EEOC)/GOVT-1 System of Records
Notice entitled ``Equal Employment Opportunity in the Federal
Government Complaint and Appeal Records'' and ``Grievances Filed
Formally Under the Administrative Grievance Procedure'' 18-05-05'' or
``Grievance Records Filed Under Procedures Established by Labor
Management Negotiations'' 18-05-06.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The system is authorized under the Administrative Dispute
Resolution Act of 1996 (ADRA), 5 U.S.C. 571 et seq.; Age Discrimination
in Employment Act of 1967, as amended (ADEA), 29 U.S.C. 621 et seq.;
EEOC regulations, 29 CFR part 1614; Title VII of the Civil Rights Act
of 1964, 42 U.S.C. 2000e et seq.; Sections 501 and 505 of the
Rehabilitation Act of 1973, as amended, 29 U.S.C. 791 et seq.; the
Equal Pay Act, 29 U.S.C. 206(d); the Genetic Information
Nondiscrimination Act, 42 U.S.C. 2000ff et seq.; Department of
Education, Personnel Management Instruction 771-1-Employee Grievances;
and, the Department of Education's Collective Bargaining Agreement,
Article 42-Grievance Procedure.
PURPOSE(S):
The information in this system is used: (1) To track, manage, and
report on all data, events, and procedures related to pre-grievances
(administrative or negotiated); (2) to track, manage, and report on all
data, events, and procedures related to pre-EEO complaints referred to
the ADR Center for alternative dispute resolution; (3) to track,
manage, and report on all data, events, and procedures related to
formal EEO complaints referred to the ADR Center for alternative
dispute resolution; (4) to track, manage, and report on all other data,
events, and procedures related to any workplace issue; (5) to collect,
analyze, and report data pertinent to the particular claim being
asserted to include some Personally Identifiable Information (PII) for
periodic reports and analysis; (6) to maintain a record of the data
provided by employees requesting assistance; (7) to act as a source for
information necessary to fulfill Equal Employment Opportunity Services'
alternative dispute resolution reporting requirements; and (8) to
enable complaint resolution partners to review and analyze the data of
their formal grievance/complaint population.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
The Department may disclose information contained in a record in
this system of records under the routine uses listed in the system of
records without the consent of the individual, if the disclosure is
compatible with the purposes for which the record was collected. These
disclosures may be made on a case-by-case basis or, if the Department
has complied with the computer matching requirements of the Privacy Act
of 1974, as amended (Privacy Act), under a computer matching agreement.
(1) Disclosure for Use by Other Law Enforcement Agencies. The
Department may disclose information to any Federal, State, local, or
foreign agency or other public authority responsible for enforcing,
investigating, or prosecuting violations of administrative, civil, or
criminal law or regulation if that information is relevant to any
enforcement, regulatory, investigative, or prosecutorial responsibility
within the receiving entity's jurisdiction.
(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 records to the appropriate agency, whether
foreign, Federal, State, Tribal, or local, charged with the
responsibility of investigating or prosecuting that violation or
charged with enforcing or implementing the statute, Executive order,
rule, regulation, or order issued pursuant thereto.
(3) Litigation and ADR Disclosures.
(a) Introduction. In the event that one of the parties listed below
is involved in litigation or ADR, or has an interest in litigation 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; or
(ii) Any Department employee in his or her official capacity; or
(iii) Any Department employee in his or her individual capacity if
the Department of Justice (DOJ) has agreed to or has been requested to
provide or arrange for representation of the employee;
(iv) Any Department employee in his or her individual capacity
where the Department has agreed to represent the employee; or
(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 the DOJ. If the Department determines that
disclosure of certain records to the DOJ is relevant and necessary to
litigation or ADR, the Department may disclose those records as a
routine use to the DOJ.
(c) Adjudicative Disclosures. If the Department determines that
disclosure of certain records to an adjudicative body before which the
Department is authorized to appear, an individual or entity designated
by the Department or otherwise empowered to resolve or mediate disputes
is relevant and necessary to the litigation or ADR, the Department may
disclose those records as a routine use to the adjudicative body,
individual, or entity.
(d) Parties, Counsel, Representatives, and 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 a 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 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. The
Department may disclose a record in this system of records to another
agency of the Federal
[[Page 67351]]
Government if the record is relevant to one of the following
proceedings regarding a present or former employee of the Department: A
complaint, a grievance, or a disciplinary or competence determination
proceeding. The disclosure may only be made during the course of the
proceeding.
(6) Labor Organization Disclosure. The Department may disclose
records from this system to an arbitrator to resolve disputes under a
negotiated grievance procedure or to officials of labor organizations
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 the DOJ and the
Office of Management and Budget 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 the DOJ. The Department may disclose records to
the 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. Before entering into such
a contract, the Department shall require the contractor to maintain
Privacy Act safeguards as required under 5 U.S.C. 552a(m) with respect
to 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 official may disclose records
from this system of records to that researcher solely for the purpose
of carrying out that research related to the functions or purposes of
this system of records. The researcher shall be required to maintain
Privacy Act safeguards with respect to the disclosed records.
(11) Congressional Member Disclosure. The Department may disclose
records to a member of Congress from the record of an individual in
response to an inquiry from the member made at the written request of
that individual. The member's right to the information is no greater
than the right of the individual who requested it.
(12) Disclosure to the OMB for Credit Reform Act (CRA) Support. The
Department may disclose records to OMB as necessary to fulfill CRA
requirements.
(13) Disclosure in the Course of Responding to a Breach of Data.
The Department may disclose records from this system to appropriate
agencies, entities, and persons when: (a) The Department suspects or
has confirmed that the security or confidentiality of information in
the system of records has been compromised; (b) the Department has
determined that as a result for 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 (c) 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.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Not applicable to this notice.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained in paper files in filing cabinets and
electronically on a computerized tracking system, and in an email
system.
RETRIEVABILITY:
Records are indexed by case tracking number and can be retrieved by
the name of the non-Government party, whether applicant or employee.
SAFEGUARDS:
Access to and use of the hard-copy records and the electronic
system is limited to those persons with a ``need-to-know'' and whose
official duties require such access. Hard-copy records are stored in
file cabinets in an office location that is kept locked after the close
of the business day. Personnel screening is employed to prevent
unauthorized disclosure. Computers are password protected. The system
is designed with security measures to control an individual user's
ability to access and alter records.
RETENTION AND DISPOSAL:
The records in this system are maintained in accordance with the
General Records Schedule 1, item 27 Alternative Dispute Resolution
(ADR) Files. The General Files, such as, general correspondence and
copies of statutes, regulations, meeting minutes, reports, statistical
tabulations, evaluations of the ADR program, and other records relating
to the Department's overall ADR program will be destroyed when 3 years
old. A longer retention is authorized if records are needed for agency
business. (N1-GRS-03-2 item a).
The Case Files cover records documenting ADR proceedings and may
include an agreement to use ADR, documentation of the settlement or
discontinuance of the ADR case, parties' written evaluations of the
process and/or the neutral third party mediator, and related
correspondence. The Case Files will be destroyed 3 years after
settlement is implemented or the case is discontinued. (N1-GRS-03-2
item b).
SYSTEM MANAGER(S) AND ADDRESS:
Director, Alternative Dispute Resolution Center, Office of
Management, U.S. Department of Education, Capitol Place Building, 80 F.
Street, NW., Room 408C/Mail Stop 4000, Washington, DC 20001-1528.
NOTIFICATION PROCEDURE:
If you wish to determine whether a record exists regarding you in
this system of records, contact the system manager. Requests must meet
the requirements in the regulations at 34 CFR 5b.5, including proof of
identity.
RECORD ACCESS PROCEDURES:
If you wish to gain access to a record in this system, contact the
system manager. Requests by an individual for access to a record must
meet the requirements the regulations at 34 CFR 5b.5, including proof
of identity.
CONTESTING RECORD PROCEDURES:
If you wish to contest the content of a record regarding you in
this system of records, contact the system manager. Your request must
meet the requirements of the Act regulations at 34 CFR 5b.7, including
proof of identity.
RECORD SOURCE CATEGORIES:
Information in this system of records is supplied from the
following sources: Directly by the individual filing a request for
resolution of an EEO pre-complaint, EEO formal complaint or pre-
grievance, from information supplied by the individual, or by testimony
of witnesses, employee
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representatives, or Department employees/officials.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
[FR Doc. 2012-27431 Filed 11-8-12; 8:45 am]
BILLING CODE 4000-01-P
