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]

Download as PDF 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 VerDate Mar<15>2010 16:22 Nov 14, 2012 Jkt 229001 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: PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 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 http://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 http://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. E:\FR\FM\15NON1.SGM 15NON1 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). VerDate Mar<15>2010 16:22 Nov 14, 2012 Jkt 229001 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– PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 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 http://portal.hud.gov/hudportal/HUD?src=/ program_offices/administration/hudclips/ handbooks/admh/2225.6. 3 http://www.hud.gov/offices/adm/hudclips/ handbooks/cioh/. 4 http://portal.hud.gov/hudportal/documents/ huddoc?id=append2.pdf. E:\FR\FM\15NON1.SGM 15NON1 68142 Federal Register / Vol. 77, No. 221 / Thursday, November 15, 2012 / Notices 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 VerDate Mar<15>2010 16:22 Nov 14, 2012 Jkt 229001 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 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 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 E:\FR\FM\15NON1.SGM 15NON1 TKELLEY on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 77, No. 221 / Thursday, November 15, 2012 / Notices 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. VerDate Mar<15>2010 16:22 Nov 14, 2012 Jkt 229001 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. PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 68143 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 http://portal.hud.gov/hudportal/HUD?src=/ program_offices/administration/hudclips/ handbooks/admh/2225.6. 7 http://www.hud.gov/offices/adm/hudclips/ handbooks/cioh/. E:\FR\FM\15NON1.SGM 15NON1 68144 Federal Register / Vol. 77, No. 221 / Thursday, November 15, 2012 / Notices 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 http:// 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 http://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]


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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.

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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 
http://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 
http://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).
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    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\ http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/handbooks/admh/2225.6.
    \3\ http://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\
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    \4\ http://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\ http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/handbooks/admh/2225.6.
    \7\ http://www.hud.gov/offices/adm/hudclips/handbooks/cioh/.
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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\ http://www.justice.gov/opcl/1974tenexemp.htm#one.

[FR Doc. 2012-27806 Filed 11-14-12; 8:45 am]
BILLING CODE 4210-67-P