Privacy Act of 1974; New System of Records, Office of General Counsel E-Discovery Management System: Republication of System Description and Solicitation of Comment, 68140-68144 [2012-27806]
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TKELLEY on DSK3SPTVN1PROD with NOTICES
68140
Federal Register / Vol. 77, No. 221 / Thursday, November 15, 2012 / Notices
A. Additional sources of funding;
B. Modification of resident statistics
and the numbers of project tenants and
neighborhood residents served by the
Service Coordinator during the
reporting period;
C. Adding hire date for the Service
Coordinator and date of program
inception;
D. Adding number of contacts to
number of residents that the Service
Coordinator links to various supportive
services;
E. Providing a glossary of definitions
of supportive service types;
F. Modifying the section for reporting
time allocation of monthly work
responsibilities;
G. Adding a new item to highlight
community engagement; including
meetings with community agencies and
residents and Attendance at or planning
of community events, and
H. Adding a new section to track
aging in place statistics.
The semi-annual Performance Reports
will be used to gauge program
performance and effective use of Federal
funds to meet stated program goals. The
Department proposes the new changes
to obtain more specific, accurate, and
relevant data. To complete the form,
Housing owners and Service
Coordinators will develop and maintain
meaningful data that reflect the efficacy
of the Service Coordinator program. The
Burden Hours per Response remains the
same at six hours. (Previous requests
had overstated the amount of time
required to complete the report.)
5. The Department is proposing a new
form to be used by field office staff to
perform Service Coordinator program
reviews. This proposed form is provided
in this Notice to solicit comments from
the public, even though the form is
designed for use by HUD field office
staff. The Department requires a
consistent protocol to review and
evaluate Service Coordinator programs.
The use of this form will allow for
consistent and thorough program
assessment. It will also inform housing
owners, management agents, and
Service Coordinators about program
requirements and expected
performance.
6. SF–425
7. HUD–96010
Agency Form Numbers, If Applicable:
HUD–2880, HUD–50080–SCMF, HUD–
91186, HUD–91186–A, HUD–92455,
HUD–92456, HUD–96010, SF–424, SF–
424–Supp, SF–425, and SF–LLL.
Estimation of the Total Numbers of
Hours Needed to Prepare The
Information Collection Including
Number of Respondents, Frequency of
Response, and Hours of Response: The
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number of respondents is 10,290; the
frequency of responses is quarterly,
semi-annually, and annually, with a
total of 22,070 total annual responses.
The estimated time to prepare collection
varies from 15 minutes to 40 hours, with
a total of 74,800 annual burden hours.
Status of the Proposed Information
Collection: This is a revision of a
previously approved collection.
Authority: The Paperwork Reduction Act
of 1995, 44 U.S.C., Chapter 35, as amended.
Dated: November 8, 2012.
Laura M. Marin,
Acting General Deputy Assistant Secretary
for Housing—Acting General Deputy Housing
Commissioner.
[FR Doc. 2012–27802 Filed 11–14–12; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5613–N–06–B]
Privacy Act of 1974; New System of
Records, Office of General Counsel EDiscovery Management System:
Republication of System Description
and Solicitation of Comment
Office of the Chief Information
Officer, HUD.
ACTION: Notice.
AGENCY:
This notice solicits additional
comment on a new system of records for
the Office of General Counsel (OGC) EDiscovery Management System (EDMS).
EDMS was first announced and
described in a July 17, 2012, Federal
Register notice, in which HUD solicited
comment. Based on comment received,
this notice makes certain revisions to
the description of EDMS in the July 17,
2012, notice and solicits additional
comment. Additional clarification is
provided regarding the system of
records: Category of Individuals
Covered by the System; the Purpose
Category; Retention Use and Disposal of
Records Category, and System Location
Category.
DATES: Comments Due Date: December
17, 2012.
ADDRESSES: Interested persons are
invited to submit comments regarding
this notice to the Regulations Division,
Office of General Counsel, Department
of Housing and Urban Development,
451 7th Street SW., Room 10276,
Washington, DC 20410–0500.
Communications must refer to the above
docket number and title. There are two
methods for submitting public
comments. All submissions must refer
to the above docket number and title.
SUMMARY:
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1. Submission of Comments by Mail.
Comments may be submitted by mail to
the Regulations Division, Office of
General Counsel, Department of
Housing and Urban Development, 451
7th Street SW., Room 10276,
Washington, DC 20410–0500.
2. Electronic Submission of
Comments. Interested persons may
submit comments electronically through
the Federal eRulemaking Portal at
https://www.regulations.gov. HUD
strongly encourages commenters to
submit comments electronically.
Electronic submission of comments
allows the commenter maximum time to
prepare and submit a comment, ensures
timely receipt by HUD, and enables
HUD to make them immediately
available to the public. Comments
submitted electronically through the
https://www.regulations.gov Web site can
be viewed by other commenters and
interested members of the public.
Commenters should follow the
instructions provided on that Web site
to submit comments electronically.
Note: To receive consideration as public
comments, comments must be submitted
through one of the two methods specified
above. Again, all submissions must refer to
the docket number and title of the rule.
No Facsimile Comments. Facsimile
(FAX) comments are not acceptable.
Public Inspection of Public
Comments. All properly submitted
comments and communications
submitted to HUD will be available for
public inspection and copying between
8 a.m. and 5 p.m. weekdays at the above
address. Due to security measures at the
HUD Headquarters building, an advance
appointment to review the public
comments must be scheduled by calling
the Regulations Division at (202) 708–
3055 (this is not a toll-free number).
Individuals with speech or hearing
impairments may access this number
through TTY by calling the Federal
Relay Service at (800) 877– 8339. Copies
of all comments submitted are available
for inspection and downloading at
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
inquiries pertaining to Privacy Act
records, contact Donna RobinsonStaton, Chief Privacy Officer,
Department of Housing and Urban
Development, 451 7th Street SW.,
Washington, DC 20410 (Attention:
Capitol View Building, 4th Floor)
telephone number (202) 402–8073 (this
telephone number is not toll free). A
telecommunications device for hearingand speech-impaired persons (TTY) is
available by calling the Federal Relay
Service’s toll-free telephone number
(800) 877–8339.
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Federal Register / Vol. 77, No. 221 / Thursday, November 15, 2012 / Notices
SUPPLEMENTARY INFORMATION:
Background
Pursuant to the Privacy Act of 1974 (5
U.S.C. 552a) (Privacy Act), HUD
published in the Federal Register on
July 17, 2012, at 77 FR 41997, a notice
that announced a new system of records
for OGC’s E-Discovery Management
System (OGC–EDMS), a system
expected to significantly improve the
efficiency of OGC’s processing of
records during the preservation,
discovery, and processing of litigation
requests when litigation is ‘‘reasonably
anticipated’’ 1 and reduce the time HUD
staff spend on the document review and
production process. OGC–EDMS is in
response to and consistent with ediscovery preservation and production
requirements in the Federal Rules of
Civil Procedure.
The July 17, 2012, notice solicited
public comment on OGC–EDMS for a
period of 30 days. The notice advised
that EDMS would carry a final effective
date of August 16, 2012, unless HUD
received comments which would result
in a contrary determination. HUD
received public comment in response to
the July 17, 2012, notice. On August 15,
2012, at 77 FR 49011, HUD published a
notice advising of a change the final
effective date of OGC–EDMS, the
commitment to re-publish the
description of OGC–EDMS with certain
clarifications, respond to public
comments received in response to the
July 17, 2012, notice, and seek
additional public comment.
The system report was submitted to
the Office of Management and Budget
(OMB), the Senate Committee on
Homeland Security and Governmental
Affairs, and the House Committee on
Government Reform pursuant to
Paragraph 4c of Appendix l to OMB
Circular No. A–130, ‘‘Federal Agencies
Responsibilities for Maintaining
Records About Individuals,’’ July 25,
1994 (59 FR 37914).
TKELLEY on DSK3SPTVN1PROD with NOTICES
Discussion of Public Comments
In response to the July 17, 2012,
notice, HUD received comments from a
national professional association
representing trial lawyers, and a
coalition consisting of advocacy groups
representing consumers, as well as
advocacy groups fighting racial injustice
and housing discrimination.
1 ‘‘Reasonably anticipated’’ is the legal test
articulating the standard for when the duty to
preserve electronically stored information begins. A
key case is Pension Comm. of the Univ. of Montreal
Pension Plan v. Banc of Am. Secs., LLC, 05 Civ.
9016 (SAS), 2010 U.S. Dist. LEXIS 4546, at * 14–
15 (S.D.N.Y. Jan. 15, 2010).
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Comment: HUD should comply with
the Federal Rules of Civil Procedure and
should not destroy original documents.
The commenters stated that OGC–EDMS
should be regulated by the Federal
Rules of Civil Procedure. The
commenters further stated that they had
significant concerns about the proposed
retention and disposal policy which
allowed HUD’s OGC to destroy litigation
data when closing a case. The
commenters requested that original
documents not be destroyed as part of
an electronic data purge, and that copies
of the case data be made available in the
event of a Freedom of Information Act
(FOIA) request or the need to revisit a
particular case or series of cases.
HUD Response: In response to the
commenters’ concerns about the
consistency of HUD’s policies with the
Federal Rules of Civil Procedure, HUD
is providing additional operational
information about EDMS and the other
HUD electronic information systems.
HUD is also clarifying that when
litigation is ‘‘reasonably anticipated,’’
related electronic data is forensically
copied and maintained in a secure
server environment separate from
HUD’s network servers as part of the
OGC–EDMS. In this secure server
environment, electronic data is
preserved in a way that prevents
metadata spoliation by the system or the
owner of the data. As part of the
Electronic Discovery Reference Model,
HUD users are able to review and
analyze the relevant electronic data that
has been forensically copied and
maintained as part of the EDMS.
Reviewing the forensically copied
electronic data within the EDMS
prevents users from altering or
improperly handling original
documents, which is in all parties’
interests.
After authorization from an OGC
manager, such as an Associate General
Counsel or Regional Counsel, is
received, OGC requests a case to be
closed within the EDMS. The case and
related electronic litigation data that has
been copied and secured in a
production environment for the
purposes of litigation, is purged
electronically from the EDMS. This
purging does not include purging of
electronic data from its original source
such as network servers. Electronic data
is properly retained on network servers
and other sources as mandated by the
HUD’s Office of General Counsel
Records Disposition Schedule 2—Legal
Records, 2225.6 REV–1, CHG–
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68141
APPENDIX 2 2 and HUD’s Office of the
Chief Information Officer Electronic
Mail Policy, 2400.1 REV01, CHG.3
These handbooks are available on
HUD’s web pages through hudclips.
In response to commenters’ concerns,
HUD is revising its System of Records
notice for the EDMS to clarify that
original documents are not destroyed as
part of HUD’s E-Discovery efforts.
Revisions to the text of the Retention
and Disposal Section that follows
should clarify the process. For the
convenience of the public, HUD is
providing a complete summary within
this notice of the location, purposes,
and operational description of EDMS to
facilitate comment.
Authority: 5 U.S.C. 552a; 88 Stat. 1896; 42
U.S.C. 3535(d).
Dated: November 7, 2012.
Jerry E. Williams,
Chief Information Officer.
SUMMARY DESCRIPTION OF EDMS
OGC.CAGC.01
SYSTEM NAME:
Office General Counsel Electronic
Discovery Management System. (OGC–
EDMS)
SYSTEM LOCATIONS:
The EDMS application will be stored
on servers located at 4701 Forbes
Boulevard, Lanham, MD 20706.
Custodian data to be retrieved is stored
on servers and HUD workstations
located throughout the country.4
PURPOSES:
OGC–EDMS provides OGC with a
method to initiate, track, and manage
the collection, organization, and
production of paper and electronic
documents for discovery requests, such
as litigation hold memoranda, EDiscovery certifications, electronically
stored information (ESI) search requests,
closure letters, and any other documents
and data relevant to the discovery
process requiring analysis, review,
redaction, and production to respond to
litigation discovery requirements. The
purpose of this system is to assist HUD
to collect electronically stored
information and data of any individual
who is, or will be, in litigation with
HUD, as well as the attorneys
representing the plaintiff(s) and
defendant(s) in response to claims by
2 https://portal.hud.gov/hudportal/HUD?src=/
program_offices/administration/hudclips/
handbooks/admh/2225.6.
3 https://www.hud.gov/offices/adm/hudclips/
handbooks/cioh/.
4 https://portal.hud.gov/hudportal/documents/
huddoc?id=append2.pdf.
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employees, former employees, and other
individuals; to assist in the settlement of
claims against the government; to
represent HUD during litigation, and to
maintain internal statistics. A new
software component is being added to
HUD’s EDMS process that will
streamline the collection, storage, and
analysis of case data to be responsive to
requests to HUD.
On December 1, 2006, the Federal
Rules of Civil Procedure were amended
to create and clarify responsibility for
preserving and accessing ESI. The
obligation to preserve ESI, as well as
paper records, begins when an
individual ‘‘reasonably anticipates’’
litigation and concludes that the
evidence may be relevant to such future
litigation. Once an individual
‘‘reasonably anticipates’’ litigation, he/
she must suspend any document
alteration or destruction to ensure the
preservation of relevant documents and
electronically stored information,
including emails.
EDMS and its various capabilities will
allow OGC to streamline and automate
the document and data reviews it
conducts, allow the attorneys to analyze
the information in different formats,
conduct the analysis in bulk more
efficiently, and protect unwarranted
disclosure of information by flagging
files that contain information therein
that is protected from disclosure.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The federal regulation(s)/statute(s)
that gives OGC the authority to collect
and store this information is Federal
Rules of Civil Procedure (FRCP) 16(b)
which allows the court to establish rules
around disclosure, privilege, methods
and work product prior to electronic
discovery commencing. In this context,
disclosure is the collection of data.
Other relevant regulations surrounding
the collection and management of
electronic discovery are FRCP 26(b)(2),
26(b)(5)(B), 26(f), 33(d), 34(a), 34(b),
37(f), and 45.
TKELLEY on DSK3SPTVN1PROD with NOTICES
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Categories of individuals covered by
this system include: (1) All persons
subject to a litigation hold due to a
‘‘reasonable anticipation of litigation’’ as
determined by HUD’s OGC; (2) all
persons deemed a participant of past or
present litigation, investigations, or
arbitration where HUD is involved; and
(3) specified individuals impacted by
FOIA requests, litigation, and other
cases in HUD.
A wide variety of individuals are
covered by the system including:
individuals who either file
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administrative complaints with HUD or
are the subject of administrative
complaints initiated by HUD;
individuals who are named parties in
cases in which HUD believes it will or
may become involved; individuals
involved in matters within the
jurisdiction of HUD either as plaintiffs
or as defendants in both civil and
criminal matters; witnesses, and to the
extent not covered by any other system,
tort and property claimants who have
filed claims against the Government;
individuals who are the subject of an
action requiring approval or action by a
HUD official, such as appeals, actions,
training, awards, promotions, selections,
grievances and delegations, including
the OGC attorneys to whom cases are
assigned, and attorneys and authorized
representatives for whom HUD has
received complaints regarding their
practices before HUD.
CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in this system
include: (1) Custodian name; (2)
Custodian work address; (3) Custodian
email address; (4) Case Name; (5) Case
number; (6) Custodian email data,
including messages among other HUD
employees and/or personnel of other
federal agencies or outside entities, and
attachments; (7) Custodian local/shared
drive data of information collected or
compiled from law enforcement or other
agency databases; (8) Spreadsheets
including data collections, often
including personally identifiable
information and sensitive law
enforcement data used to track the
process or investigations or focus
investigative priorities; records relating
to litigation by or against the U.S.
Government (or litigation in which the
U.S. Government is not a party, but has
an interest) resulting from questions
concerning HUD cases and legal actions
that HUD either is involved in or in
which it believes it will or may become
involved; claims by or against the U.S.
Government, other than litigation cases,
arising from a transaction with HUD,
and documents related thereto,
including demographic information,
vouchers, witness statements, legal
decisions, and related material
pertaining to such claims; investigation
reports; legal authority; legal opinions
and memoranda; criminal actions;
criminal conviction records; claims and
records regarding discrimination,
including employment and sex
discrimination; claims and records
regarding the Rehabilitation Act of 1973
(26 U.S.C. 701); personnel matters;
contracts; foreclosures; actions against
HUD officials; records relating to
requests for HUD records other than
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requests under the Freedom of
Information Act and the Privacy Act of
1974; testimonies of HUD employees in
federal, state, local, or administrative
criminal or civil litigation; documentary
evidence; supporting documents
including the legal and programmatic
issues of the case, correspondence, legal
opinions and memoranda and related
records; security clearance information;
any type of legal document, including
but not limited to complaints,
summaries, affidavits, litigation reports,
motions, subpoenas, and any other court
filing or administrative filing or
evidence; employee and former
employee ethics question forms and
responses; and court transcripts.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES:
1. To a Congressional office from the
record of an individual in response to
an inquiry from that Congressional
office made at the request of the
individual to whom the records pertain;
2. To the National Archives and
Records Administration for use in its
records management inspections and its
role as an Archivist;
3. To the Department of Justice (DOJ)
when seeking legal advice for a HUD
initiative or in response to DOJ’s request
for the information, after either HUD or
DOJ determine that such information is
relevant to DOJ’s representatives of the
United States or any other component in
legal proceedings before a court or
adjudicative body, provided that, in
each case, the agency also determines
prior to disclosure that disclosure of the
records to the DOJ is a use of the
information contained in the records
that is compatible with the purpose for
which HUD collected the records. HUD
on its own may disclose records in this
system of records in legal proceedings
before a court or administrative body
after determining that the disclosure of
the records to the court or
administrative body is a use of the
information contained in the records
that is compatible with the purpose for
which HUD collected the records; or to
another agency or to an instrumentality
of any governmental jurisdiction within
or under the control of the United States
for a civil or criminal law enforcement
activity if the activity is authorized by
law, and if the head of the agency or
instrumentality has made a written
request to the agency which maintains
the record specifying the particular
portion desired and the law
enforcement activity for which the
record is sought;
4. To third parties during the course
of a law enforcement investigation to
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the extent necessary to obtain
information pertinent to the
investigation;
5. To contractors, grantees, experts,
consultants, and the agents thereof, and
others performing or working on a
contract, service, grant, cooperative
agreement, or other assignment for
HUD, when necessary to accomplish an
agency function related to its system of
records. Individuals provided
information under this routine use are
subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to HUD
officers and employees;
6. To third parties during the course
of a law enforcement investigation to
the extent necessary to obtain
information pertinent to the
investigation, provided disclosure is
appropriate to the proper performance
of the official duties of the officer
making the disclosure;
7. To a court, magistrate, or
administrative tribunal in the course of
presenting evidence, including
disclosures to opposing counsel or
witnesses in the course of civil
discovery, litigation, or settlement
negotiations or in connection with
criminal law proceedings or in response
to a subpoena;
8. To a grand jury agent pursuant
either to a federal or state grand jury
subpoena, or to a prosecution request
that such record be released for the
purpose of its introduction to a grand
jury, where the subpoena or request has
been specifically approved by a court;
and
9. To appropriate agencies, entities,
and persons when: (a) HUD suspects or
has confirmed that the security or
confidentiality of information in a
system of records has been
compromised; (b) HUD 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 systems or
programs (whether maintained by HUD
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 HUD’s efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm for purposes of
facilitating responses and remediation
efforts in the event of a data breach.
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POLICIES FOR STORING, RETRIEVING, AND
DISPOSING OF SYSTEM RECORDS:
STORAGE:
Data collected by OGC–EDMS is
stored electronically in a Storage Area
Network/Network Attached. There are
no manual records stored or maintained
outside the system. Storage is at a secure
Lockheed Martin facility, and backed up
via an Avamar Backup Storage system.
RETRIEVABILITY:
Records will be retrieved by the (1)
Custodian name; (2) Work address; (3)
Custodian email address; (4) Case name;
(5) Case number; (6) Custodian email
data; (7) Custodian local drive data; (8)
Custodian home/shared drive data; (9)
Litigation hold closures; (10) Litigation
hold memoranda; (11) Litigation
preservation notices; (12) Litigation
hold reminder notices; and (13) ESI
identification email notifications. EDiscovery notifications data is only
accessed by individually assigned legal
counsel on a case by case basis.
SAFEGUARDS:
Strict controls have been imposed to
minimize the risk of compromising the
information that is being stored. Access
to the computer system containing the
records in this system is limited to those
individuals who are authorized to
access by appropriate security
clearances and user ID/password
permissions. Only assigned users with a
need-to-know are allowed access, on a
case-by-case basis after going through
HUD’s background investigation
process.
RETENTION AND DISPOSAL:
In response to the FRCP 16(b), when
litigation is ‘‘reasonably anticipated,’’
related electronic data is copied and
maintained in a secure server
environment separate from HUD’s
network servers as part of the EDMS.5
Upon authorization from a HUD
Associate General Counsel, Regional
Counsel, or other designated official,
OGC closes a case. The closed case and
related electronic litigation data that has
been copied and secured in a
production environment for the
purposes of litigation is purged
electronically from the EDMS. The
purging process does not extend to
purging electronic data from its original
source, such as network servers.
Electronic data is properly retained on
network servers and other sources as
required by HUD’s Office of General
Counsel Records Disposition Schedule
5 Other
relevant regulations surrounding the
collection and management of electronic discovery
are FRCP 26(b)(2), 26(b)(5)(B), 26(f), 33(d), 34(a),
34(b), 37(f), and 45.
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2—Legal Records, 2225.6 REV–1, CHG–
APPENDIX 2 6 and the Electronic Mail
Policy, 2400.1 REV01, CHG.7
SYSTEM MANAGERS AND ADDRESSES:
Office of General Counsel (OGC)
Tenille Washburn, Assistant General
Counsel, Field Management and IT
Division, Department of Housing and
Urban Development, 1250 Maryland
Avenue SW., Suite 200, Washington, DC
20024. The phone contact information is
(202) 402–6536. This is not a toll free
number.
NOTIFICATION AND RECORD ACCESS
PROCEDURES:
Individuals seeking to determine
whether this system of records contains
information about them, or those
seeking access to such records, should
address inquiries to Donna StatonRobinson, Chief Privacy Officer,
Department of Housing and Urban
Development, 451 7th Street SW., Room
4156, Washington, DC 20410.
(Attention: Capitol View Building, 4th
Floor.) The phone contact information is
(202) 708–5495. This is not a toll free
number. Provide verification of your
identity by providing two proofs of
official identification. Your verification
of identity must include your original
signature and must be notarized.
CONTESTING RECORD PROCEDURES:
HUD’s rules for contesting the
contents of records and appealing initial
denials by the individual concerned
appear in 24 CFR part 16. If additional
information or assistance is needed, it
may be obtained by contacting HUD
officials as follows:
(i) Contesting contents of records: The
Department of Housing and Urban
Development, Chief Privacy Officer, 451
Seventh Street SW., Washington, DC
20410;
(ii) Appeals of initial HUD
determinations: In relation to contesting
contents of records, the HUD
Departmental Privacy Appeals Officers,
Office of General Counsel, Department
of Housing and Urban Development,
451 Seventh Street SW., Washington,
DC 20410.
RECORD SOURCE CATEGORIES:
Documents and records in this system
originate from HUD and its components,
courts, subpoenas, law enforcement
agencies, other federal, state, and local
agencies, inquiries and/or complaints
from witnesses or members of the
general public.
6 https://portal.hud.gov/hudportal/HUD?src=/
program_offices/administration/hudclips/
handbooks/admh/2225.6.
7 https://www.hud.gov/offices/adm/hudclips/
handbooks/cioh/.
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EXEMPTIONS:
The records in EDMS are maintained
for use in civil rather than criminal
actions. For that reason, the relevant
provision of the Privacy Act is 5 U.S.C.
552a(d)(5) which states ‘‘nothing in this
[Act] shall allow an individual access to
any information compiled in reasonable
anticipation of a civil action or
proceeding.’’ (See U.S. Department of
Justice, Office of Privacy and Civil
Liberties, Overview of the Privacy Act of
1974 (2010) 212.8)
[FR Doc. 2012–27806 Filed 11–14–12; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Bureau of Safety and Environmental
Enforcement (BSEE)
[Docket ID BSEE–2012–0018; OMB Control
Number 1014–0002]
Information Collection Activities: Oil
and Gas Production Measurement,
Surface Commingling, and Security;
Proposed Collection; Comment
Request
ACTION:
60-day Notice.
To comply with the
Paperwork Reduction Act of 1995
(PRA), BSEE is inviting comments on a
collection of information that we will
submit to the Office of Management and
Budget (OMB) for review and approval.
The information collection request (ICR)
concerns a renewal to the paperwork
requirements in the regulations under
Subpart L, Oil and Gas Production
Measurement, Surface Commingling,
and Security.
DATES: You must submit comments by
January 14, 2013.
ADDRESSES: You may submit comments
by either of the following methods listed
below.
• Electronically: go to https://
www.regulations.gov. In the entry titled
Enter Keyword or ID, enter BSEE–2012–
0018 then click search. Follow the
instructions to submit public comments
and view all related materials. We will
post all comments.
• Email nicole.mason@bsee.gov. Mail
or hand-carry comments to the
Department of the Interior; BSEE;
Regulations and Standards Branch;
ATTN: Nicole Mason; 381 Elden Street,
TKELLEY on DSK3SPTVN1PROD with NOTICES
SUMMARY:
8 https://www.justice.gov/opcl/
1974tenexemp.htm#one.
VerDate Mar<15>2010
16:22 Nov 14, 2012
Jkt 229001
HE 3313; Herndon, Virginia 20170–
4817. Please reference ICR 1014–0002 in
your comment and include your name
and return address.
FOR FURTHER INFORMATION CONTACT:
Nicole Mason, Regulations and
Standards Branch at (703) 787–1605 to
request additional information about
this ICR.
SUPPLEMENTARY INFORMATION:
Title: 30 CFR Part 250, subpart L, Oil
and Gas Production Measurement,
Surface Commingling, and Security.
OMB Control Number: 1014–0002.
Abstract: The Outer Continental Shelf
(OCS) Lands Act, as amended (43 U.S.C.
1331 et seq. and 43 U.S.C. 1801 et seq.),
authorizes the Secretary of the Interior
(Secretary) to prescribe rules and
regulations necessary for the
administration of the leasing provisions
of the Act related to the mineral
resources on the OCS. Such rules and
regulations will apply to all operations
conducted under a lease. Operations on
the OCS must preserve, protect, and
develop oil and natural gas resources in
a manner that is consistent with the
need to make such resources available
to meet the Nation’s energy needs as
rapidly as possible; to balance orderly
energy resource development with
protection of human, marine, and
coastal environments; to ensure the
public a fair and equitable return on the
resources of the OCS; and to preserve
and maintain free enterprise
competition.
The Federal Oil and Gas Royalty
Management Act of 1982 (30 U.S.C.
1701, et seq.) at section 1712(b)(2)
prescribes that an operator will
‘‘develop and comply with such
minimum site security measures as the
Secretary deems appropriate, to protect
oil or gas produced or stored on a lease
site or on the Outer Continental Shelf
from theft.’’
The Independent Offices
Appropriations Act (31 U.S.C. 9701), the
Omnibus Appropriations Bill (Pub. L.
104–133, 110 Stat. 1321, April 26,
1996), and OMB Circular A–25,
authorize Federal agencies to recover
the full cost of services that confer
special benefits. Under the Department
of the Interior’s (DOI) implementing
policy, BSEE is required to charge fees
for services that provide special benefits
or privileges to an identifiable nonFederal recipient above and beyond
those which accrue to the public at
large. Applications for surface
commingling and measurement
PO 00000
Frm 00043
Fmt 4703
Sfmt 4703
applications are subject to cost recovery
and BSEE regulations specify service
fees for these requests.
Regulations at 30 CFR Part 250,
subpart L, implement these statutory
requirements. We use the information to
ensure that the volumes of
hydrocarbons produced are measured
accurately, and royalties are paid on the
proper volumes. Specifically, we need
the information to:
• Determine if measurement
equipment is properly installed,
provides accurate measurement of
production on which royalty is due, and
is operating properly;
• Obtain rates of production data in
allocating the volumes of production
measured at royalty sales meters, which
can be examined during field
inspections;
• Ascertain if all removals of oil and
condensate from the lease are reported;
• Determine the amount of oil that
was shipped when measurements are
taken by gauging the tanks rather than
being measured by a meter;
• Ensure that the sales location is
secure and production cannot be
removed without the volumes being
recorded; and
• Review proving reports to verify
that data on run tickets are calculated
and reported accurately.
We will protect information from
respondents considered proprietary
under the Freedom of Information Act
(5 U.S.C. 552) and its implementing
regulations (43 CFR part 2), and under
regulations at 30 CFR 250.197, Data and
information to be made available to the
public or for limited inspection. No
items of a sensitive nature are collected.
Responses are mandatory.
Frequency: Varies by section, but
primarily monthly, or on occasion.
Description of Respondents: Potential
respondents comprise Federal oil, gas
and sulphur lessees and/or operators.
Estimated Reporting and
Recordkeeping Hour Burden: The
currently approved annual reporting
burden for this collection is a total of
32,957 hours. The following chart
details the individual components and
estimated hour burdens. In calculating
the burdens, we assumed that
respondents perform certain
requirements in the normal course of
their activities. We consider these to be
usual and customary and took that into
account in estimating the burden.
E:\FR\FM\15NON1.SGM
15NON1
]]>Agencies
[Federal Register Volume 77, Number 221 (Thursday, November 15, 2012)]
[Notices]
[Pages 68140-68144]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27806]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5613-N-06-B]
Privacy Act of 1974; New System of Records, Office of General
Counsel E-Discovery Management System: Republication of System
Description and Solicitation of Comment
AGENCY: Office of the Chief Information Officer, HUD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice solicits additional comment on a new system of
records for the Office of General Counsel (OGC) E- Discovery Management
System (EDMS). EDMS was first announced and described in a July 17,
2012, Federal Register notice, in which HUD solicited comment. Based on
comment received, this notice makes certain revisions to the
description of EDMS in the July 17, 2012, notice and solicits
additional comment. Additional clarification is provided regarding the
system of records: Category of Individuals Covered by the System; the
Purpose Category; Retention Use and Disposal of Records Category, and
System Location Category.
DATES: Comments Due Date: December 17, 2012.
ADDRESSES: Interested persons are invited to submit comments regarding
this notice to the Regulations Division, Office of General Counsel,
Department of Housing and Urban Development, 451 7th Street SW., Room
10276, Washington, DC 20410-0500. Communications must refer to the
above docket number and title. There are two methods for submitting
public comments. All submissions must refer to the above docket number
and title.
1. Submission of Comments by Mail. Comments may be submitted by
mail to the Regulations Division, Office of General Counsel, Department
of Housing and Urban Development, 451 7th Street SW., Room 10276,
Washington, DC 20410-0500.
2. Electronic Submission of Comments. Interested persons may submit
comments electronically through the Federal eRulemaking Portal at
https://www.regulations.gov. HUD strongly encourages commenters to
submit comments electronically. Electronic submission of comments
allows the commenter maximum time to prepare and submit a comment,
ensures timely receipt by HUD, and enables HUD to make them immediately
available to the public. Comments submitted electronically through the
https://www.regulations.gov Web site can be viewed by other commenters
and interested members of the public. Commenters should follow the
instructions provided on that Web site to submit comments
electronically.
Note:
To receive consideration as public comments, comments must be
submitted through one of the two methods specified above. Again, all
submissions must refer to the docket number and title of the rule.
No Facsimile Comments. Facsimile (FAX) comments are not acceptable.
Public Inspection of Public Comments. All properly submitted
comments and communications submitted to HUD will be available for
public inspection and copying between 8 a.m. and 5 p.m. weekdays at the
above address. Due to security measures at the HUD Headquarters
building, an advance appointment to review the public comments must be
scheduled by calling the Regulations Division at (202) 708-3055 (this
is not a toll-free number). Individuals with speech or hearing
impairments may access this number through TTY by calling the Federal
Relay Service at (800) 877- 8339. Copies of all comments submitted are
available for inspection and downloading at www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For inquiries pertaining to Privacy
Act records, contact Donna Robinson-Staton, Chief Privacy Officer,
Department of Housing and Urban Development, 451 7th Street SW.,
Washington, DC 20410 (Attention: Capitol View Building, 4th Floor)
telephone number (202) 402-8073 (this telephone number is not toll
free). A telecommunications device for hearing- and speech-impaired
persons (TTY) is available by calling the Federal Relay Service's toll-
free telephone number (800) 877-8339.
[[Page 68141]]
SUPPLEMENTARY INFORMATION:
Background
Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a) (Privacy Act),
HUD published in the Federal Register on July 17, 2012, at 77 FR 41997,
a notice that announced a new system of records for OGC's E-Discovery
Management System (OGC-EDMS), a system expected to significantly
improve the efficiency of OGC's processing of records during the
preservation, discovery, and processing of litigation requests when
litigation is ``reasonably anticipated'' \1\ and reduce the time HUD
staff spend on the document review and production process. OGC-EDMS is
in response to and consistent with e-discovery preservation and
production requirements in the Federal Rules of Civil Procedure.
---------------------------------------------------------------------------
\1\ ``Reasonably anticipated'' is the legal test articulating
the standard for when the duty to preserve electronically stored
information begins. A key case is Pension Comm. of the Univ. of
Montreal Pension Plan v. Banc of Am. Secs., LLC, 05 Civ. 9016 (SAS),
2010 U.S. Dist. LEXIS 4546, at * 14-15 (S.D.N.Y. Jan. 15, 2010).
---------------------------------------------------------------------------
The July 17, 2012, notice solicited public comment on OGC-EDMS for
a period of 30 days. The notice advised that EDMS would carry a final
effective date of August 16, 2012, unless HUD received comments which
would result in a contrary determination. HUD received public comment
in response to the July 17, 2012, notice. On August 15, 2012, at 77 FR
49011, HUD published a notice advising of a change the final effective
date of OGC-EDMS, the commitment to re-publish the description of OGC-
EDMS with certain clarifications, respond to public comments received
in response to the July 17, 2012, notice, and seek additional public
comment.
The system report was submitted to the Office of Management and
Budget (OMB), the Senate Committee on Homeland Security and
Governmental Affairs, and the House Committee on Government Reform
pursuant to Paragraph 4c of Appendix l to OMB Circular No. A-130,
``Federal Agencies Responsibilities for Maintaining Records About
Individuals,'' July 25, 1994 (59 FR 37914).
Discussion of Public Comments
In response to the July 17, 2012, notice, HUD received comments
from a national professional association representing trial lawyers,
and a coalition consisting of advocacy groups representing consumers,
as well as advocacy groups fighting racial injustice and housing
discrimination.
Comment: HUD should comply with the Federal Rules of Civil
Procedure and should not destroy original documents. The commenters
stated that OGC-EDMS should be regulated by the Federal Rules of Civil
Procedure. The commenters further stated that they had significant
concerns about the proposed retention and disposal policy which allowed
HUD's OGC to destroy litigation data when closing a case. The
commenters requested that original documents not be destroyed as part
of an electronic data purge, and that copies of the case data be made
available in the event of a Freedom of Information Act (FOIA) request
or the need to revisit a particular case or series of cases.
HUD Response: In response to the commenters' concerns about the
consistency of HUD's policies with the Federal Rules of Civil
Procedure, HUD is providing additional operational information about
EDMS and the other HUD electronic information systems. HUD is also
clarifying that when litigation is ``reasonably anticipated,'' related
electronic data is forensically copied and maintained in a secure
server environment separate from HUD's network servers as part of the
OGC-EDMS. In this secure server environment, electronic data is
preserved in a way that prevents metadata spoliation by the system or
the owner of the data. As part of the Electronic Discovery Reference
Model, HUD users are able to review and analyze the relevant electronic
data that has been forensically copied and maintained as part of the
EDMS. Reviewing the forensically copied electronic data within the EDMS
prevents users from altering or improperly handling original documents,
which is in all parties' interests.
After authorization from an OGC manager, such as an Associate
General Counsel or Regional Counsel, is received, OGC requests a case
to be closed within the EDMS. The case and related electronic
litigation data that has been copied and secured in a production
environment for the purposes of litigation, is purged electronically
from the EDMS. This purging does not include purging of electronic data
from its original source such as network servers. Electronic data is
properly retained on network servers and other sources as mandated by
the HUD's Office of General Counsel Records Disposition Schedule 2--
Legal Records, 2225.6 REV-1, CHG-APPENDIX 2 \2\ and HUD's Office of the
Chief Information Officer Electronic Mail Policy, 2400.1 REV01, CHG.\3\
These handbooks are available on HUD's web pages through hudclips.
---------------------------------------------------------------------------
\2\ https://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/handbooks/admh/2225.6.
\3\ https://www.hud.gov/offices/adm/hudclips/handbooks/cioh/.
---------------------------------------------------------------------------
In response to commenters' concerns, HUD is revising its System of
Records notice for the EDMS to clarify that original documents are not
destroyed as part of HUD's E-Discovery efforts. Revisions to the text
of the Retention and Disposal Section that follows should clarify the
process. For the convenience of the public, HUD is providing a complete
summary within this notice of the location, purposes, and operational
description of EDMS to facilitate comment.
Authority: 5 U.S.C. 552a; 88 Stat. 1896; 42 U.S.C. 3535(d).
Dated: November 7, 2012.
Jerry E. Williams,
Chief Information Officer.
SUMMARY DESCRIPTION OF EDMS
OGC.CAGC.01
SYSTEM NAME:
Office General Counsel Electronic Discovery Management System.
(OGC-EDMS)
SYSTEM LOCATIONS:
The EDMS application will be stored on servers located at 4701
Forbes Boulevard, Lanham, MD 20706. Custodian data to be retrieved is
stored on servers and HUD workstations located throughout the
country.\4\
---------------------------------------------------------------------------
\4\ https://portal.hud.gov/hudportal/documents/huddoc?id=append2.pdf.
---------------------------------------------------------------------------
PURPOSES:
OGC-EDMS provides OGC with a method to initiate, track, and manage
the collection, organization, and production of paper and electronic
documents for discovery requests, such as litigation hold memoranda, E-
Discovery certifications, electronically stored information (ESI)
search requests, closure letters, and any other documents and data
relevant to the discovery process requiring analysis, review,
redaction, and production to respond to litigation discovery
requirements. The purpose of this system is to assist HUD to collect
electronically stored information and data of any individual who is, or
will be, in litigation with HUD, as well as the attorneys representing
the plaintiff(s) and defendant(s) in response to claims by
[[Page 68142]]
employees, former employees, and other individuals; to assist in the
settlement of claims against the government; to represent HUD during
litigation, and to maintain internal statistics. A new software
component is being added to HUD's EDMS process that will streamline the
collection, storage, and analysis of case data to be responsive to
requests to HUD.
On December 1, 2006, the Federal Rules of Civil Procedure were
amended to create and clarify responsibility for preserving and
accessing ESI. The obligation to preserve ESI, as well as paper
records, begins when an individual ``reasonably anticipates''
litigation and concludes that the evidence may be relevant to such
future litigation. Once an individual ``reasonably anticipates''
litigation, he/she must suspend any document alteration or destruction
to ensure the preservation of relevant documents and electronically
stored information, including emails.
EDMS and its various capabilities will allow OGC to streamline and
automate the document and data reviews it conducts, allow the attorneys
to analyze the information in different formats, conduct the analysis
in bulk more efficiently, and protect unwarranted disclosure of
information by flagging files that contain information therein that is
protected from disclosure.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The federal regulation(s)/statute(s) that gives OGC the authority
to collect and store this information is Federal Rules of Civil
Procedure (FRCP) 16(b) which allows the court to establish rules around
disclosure, privilege, methods and work product prior to electronic
discovery commencing. In this context, disclosure is the collection of
data. Other relevant regulations surrounding the collection and
management of electronic discovery are FRCP 26(b)(2), 26(b)(5)(B),
26(f), 33(d), 34(a), 34(b), 37(f), and 45.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Categories of individuals covered by this system include: (1) All
persons subject to a litigation hold due to a ``reasonable anticipation
of litigation'' as determined by HUD's OGC; (2) all persons deemed a
participant of past or present litigation, investigations, or
arbitration where HUD is involved; and (3) specified individuals
impacted by FOIA requests, litigation, and other cases in HUD.
A wide variety of individuals are covered by the system including:
individuals who either file administrative complaints with HUD or are
the subject of administrative complaints initiated by HUD; individuals
who are named parties in cases in which HUD believes it will or may
become involved; individuals involved in matters within the
jurisdiction of HUD either as plaintiffs or as defendants in both civil
and criminal matters; witnesses, and to the extent not covered by any
other system, tort and property claimants who have filed claims against
the Government; individuals who are the subject of an action requiring
approval or action by a HUD official, such as appeals, actions,
training, awards, promotions, selections, grievances and delegations,
including the OGC attorneys to whom cases are assigned, and attorneys
and authorized representatives for whom HUD has received complaints
regarding their practices before HUD.
CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in this system include: (1) Custodian name;
(2) Custodian work address; (3) Custodian email address; (4) Case Name;
(5) Case number; (6) Custodian email data, including messages among
other HUD employees and/or personnel of other federal agencies or
outside entities, and attachments; (7) Custodian local/shared drive
data of information collected or compiled from law enforcement or other
agency databases; (8) Spreadsheets including data collections, often
including personally identifiable information and sensitive law
enforcement data used to track the process or investigations or focus
investigative priorities; records relating to litigation by or against
the U.S. Government (or litigation in which the U.S. Government is not
a party, but has an interest) resulting from questions concerning HUD
cases and legal actions that HUD either is involved in or in which it
believes it will or may become involved; claims by or against the U.S.
Government, other than litigation cases, arising from a transaction
with HUD, and documents related thereto, including demographic
information, vouchers, witness statements, legal decisions, and related
material pertaining to such claims; investigation reports; legal
authority; legal opinions and memoranda; criminal actions; criminal
conviction records; claims and records regarding discrimination,
including employment and sex discrimination; claims and records
regarding the Rehabilitation Act of 1973 (26 U.S.C. 701); personnel
matters; contracts; foreclosures; actions against HUD officials;
records relating to requests for HUD records other than requests under
the Freedom of Information Act and the Privacy Act of 1974; testimonies
of HUD employees in federal, state, local, or administrative criminal
or civil litigation; documentary evidence; supporting documents
including the legal and programmatic issues of the case,
correspondence, legal opinions and memoranda and related records;
security clearance information; any type of legal document, including
but not limited to complaints, summaries, affidavits, litigation
reports, motions, subpoenas, and any other court filing or
administrative filing or evidence; employee and former employee ethics
question forms and responses; and court transcripts.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
1. To a Congressional office from the record of an individual in
response to an inquiry from that Congressional office made at the
request of the individual to whom the records pertain;
2. To the National Archives and Records Administration for use in
its records management inspections and its role as an Archivist;
3. To the Department of Justice (DOJ) when seeking legal advice for
a HUD initiative or in response to DOJ's request for the information,
after either HUD or DOJ determine that such information is relevant to
DOJ's representatives of the United States or any other component in
legal proceedings before a court or adjudicative body, provided that,
in each case, the agency also determines prior to disclosure that
disclosure of the records to the DOJ is a use of the information
contained in the records that is compatible with the purpose for which
HUD collected the records. HUD on its own may disclose records in this
system of records in legal proceedings before a court or administrative
body after determining that the disclosure of the records to the court
or administrative body is a use of the information contained in the
records that is compatible with the purpose for which HUD collected the
records; or to another agency or to an instrumentality of any
governmental jurisdiction within or under the control of the United
States for a civil or criminal law enforcement activity if the activity
is authorized by law, and if the head of the agency or instrumentality
has made a written request to the agency which maintains the record
specifying the particular portion desired and the law enforcement
activity for which the record is sought;
4. To third parties during the course of a law enforcement
investigation to
[[Page 68143]]
the extent necessary to obtain information pertinent to the
investigation;
5. To contractors, grantees, experts, consultants, and the agents
thereof, and others performing or working on a contract, service,
grant, cooperative agreement, or other assignment for HUD, when
necessary to accomplish an agency function related to its system of
records. Individuals provided information under this routine use are
subject to the same Privacy Act requirements and limitations on
disclosure as are applicable to HUD officers and employees;
6. To third parties during the course of a law enforcement
investigation to the extent necessary to obtain information pertinent
to the investigation, provided disclosure is appropriate to the proper
performance of the official duties of the officer making the
disclosure;
7. To a court, magistrate, or administrative tribunal in the course
of presenting evidence, including disclosures to opposing counsel or
witnesses in the course of civil discovery, litigation, or settlement
negotiations or in connection with criminal law proceedings or in
response to a subpoena;
8. To a grand jury agent pursuant either to a federal or state
grand jury subpoena, or to a prosecution request that such record be
released for the purpose of its introduction to a grand jury, where the
subpoena or request has been specifically approved by a court; and
9. To appropriate agencies, entities, and persons when: (a) HUD
suspects or has confirmed that the security or confidentiality of
information in a system of records has been compromised; (b) HUD 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 systems or
programs (whether maintained by HUD 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 HUD's efforts to respond to the suspected or
confirmed compromise and prevent, minimize, or remedy such harm for
purposes of facilitating responses and remediation efforts in the event
of a data breach.
POLICIES FOR STORING, RETRIEVING, AND DISPOSING OF SYSTEM RECORDS:
STORAGE:
Data collected by OGC-EDMS is stored electronically in a Storage
Area Network/Network Attached. There are no manual records stored or
maintained outside the system. Storage is at a secure Lockheed Martin
facility, and backed up via an Avamar Backup Storage system.
RETRIEVABILITY:
Records will be retrieved by the (1) Custodian name; (2) Work
address; (3) Custodian email address; (4) Case name; (5) Case number;
(6) Custodian email data; (7) Custodian local drive data; (8) Custodian
home/shared drive data; (9) Litigation hold closures; (10) Litigation
hold memoranda; (11) Litigation preservation notices; (12) Litigation
hold reminder notices; and (13) ESI identification email notifications.
E-Discovery notifications data is only accessed by individually
assigned legal counsel on a case by case basis.
SAFEGUARDS:
Strict controls have been imposed to minimize the risk of
compromising the information that is being stored. Access to the
computer system containing the records in this system is limited to
those individuals who are authorized to access by appropriate security
clearances and user ID/password permissions. Only assigned users with a
need-to-know are allowed access, on a case-by-case basis after going
through HUD's background investigation process.
RETENTION AND DISPOSAL:
In response to the FRCP 16(b), when litigation is ``reasonably
anticipated,'' related electronic data is copied and maintained in a
secure server environment separate from HUD's network servers as part
of the EDMS.\5\ Upon authorization from a HUD Associate General
Counsel, Regional Counsel, or other designated official, OGC closes a
case. The closed case and related electronic litigation data that has
been copied and secured in a production environment for the purposes of
litigation is purged electronically from the EDMS. The purging process
does not extend to purging electronic data from its original source,
such as network servers. Electronic data is properly retained on
network servers and other sources as required by HUD's Office of
General Counsel Records Disposition Schedule 2--Legal Records, 2225.6
REV-1, CHG-APPENDIX 2 \6\ and the Electronic Mail Policy, 2400.1 REV01,
CHG.\7\
---------------------------------------------------------------------------
\5\ Other relevant regulations surrounding the collection and
management of electronic discovery are FRCP 26(b)(2), 26(b)(5)(B),
26(f), 33(d), 34(a), 34(b), 37(f), and 45.
\6\ https://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/handbooks/admh/2225.6.
\7\ https://www.hud.gov/offices/adm/hudclips/handbooks/cioh/.
---------------------------------------------------------------------------
SYSTEM MANAGERS AND ADDRESSES:
Office of General Counsel (OGC) Tenille Washburn, Assistant General
Counsel, Field Management and IT Division, Department of Housing and
Urban Development, 1250 Maryland Avenue SW., Suite 200, Washington, DC
20024. The phone contact information is (202) 402-6536. This is not a
toll free number.
NOTIFICATION AND RECORD ACCESS PROCEDURES:
Individuals seeking to determine whether this system of records
contains information about them, or those seeking access to such
records, should address inquiries to Donna Staton-Robinson, Chief
Privacy Officer, Department of Housing and Urban Development, 451 7th
Street SW., Room 4156, Washington, DC 20410. (Attention: Capitol View
Building, 4th Floor.) The phone contact information is (202) 708-5495.
This is not a toll free number. Provide verification of your identity
by providing two proofs of official identification. Your verification
of identity must include your original signature and must be notarized.
CONTESTING RECORD PROCEDURES:
HUD's rules for contesting the contents of records and appealing
initial denials by the individual concerned appear in 24 CFR part 16.
If additional information or assistance is needed, it may be obtained
by contacting HUD officials as follows:
(i) Contesting contents of records: The Department of Housing and
Urban Development, Chief Privacy Officer, 451 Seventh Street SW.,
Washington, DC 20410;
(ii) Appeals of initial HUD determinations: In relation to
contesting contents of records, the HUD Departmental Privacy Appeals
Officers, Office of General Counsel, Department of Housing and Urban
Development, 451 Seventh Street SW., Washington, DC 20410.
RECORD SOURCE CATEGORIES:
Documents and records in this system originate from HUD and its
components, courts, subpoenas, law enforcement agencies, other federal,
state, and local agencies, inquiries and/or complaints from witnesses
or members of the general public.
[[Page 68144]]
EXEMPTIONS:
The records in EDMS are maintained for use in civil rather than
criminal actions. For that reason, the relevant provision of the
Privacy Act is 5 U.S.C. 552a(d)(5) which states ``nothing in this [Act]
shall allow an individual access to any information compiled in
reasonable anticipation of a civil action or proceeding.'' (See U.S.
Department of Justice, Office of Privacy and Civil Liberties, Overview
of the Privacy Act of 1974 (2010) 212.\8\)
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\8\ https://www.justice.gov/opcl/1974tenexemp.htm#one.
[FR Doc. 2012-27806 Filed 11-14-12; 8:45 am]
BILLING CODE 4210-67-P
