Privacy Act of 1974; System of Records, 68618-68621 [2015-28184]
Download as PDF
68618
Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Notices
jstallworth on DSK7TPTVN1PROD with NOTICES
collision with a lead vehicle (time-tocollision) regardless of whether CIB has
been activated or not. If CIB activates
before DBS, the initial test speed and,
thus, the severity of the test would
effectively be reduced.
TRW observed that one potential
future trend to watch is that as industry
confidence and capability to provide
CIB functionality increases and the
amount of vehicle deceleration is
allowed to increase and be applied
earlier in the process, the need for DBS
as a separate feature may diminish. The
potential goal of DBS testing would
become one of proving a driver
intervention during an AEB event does
not detract from the event’s outcome,
TRW said.
At this time, the agency is aware that
many light vehicle DBS systems supply
higher levels of braking at earlier
activation times for the supplemental
brake input compared to the automatic
braking of CIB systems. Based on this
understanding of current system design,
our NCAP AEB test criteria for DBS
evaluates crash avoidance resulting
from higher levels of deceleration,
whereas our CIB test criteria evaluates
crash mitigation (with the exception of
the CIB lead vehicle moving SV: 25
mph/POV: 10 mph (SV:40 km/h/POV:
16 km/h) scenario, for which crash
avoidance is required). NHTSA will
keep the speed reduction evaluation
criteria as planned for the CIB and DBS
tests.
Unless the agency uncovers a reason
to be concerned about how the
performance metrics of a test protocol
may affect system performance in
vehicles equipped with both CIB and
DBS, the agency will recognize an AEB
equipped vehicle as long as it passes the
criteria of a given protocol, whether that
occurs as a result of the activation of the
particular system or a combination of
systems.
5. Issues Beyond the Scope of This
Notice
Some commenters raised topics
outside the scope of the notice, and they
will not be addressed here.
These include: A suggested two-stage
approach to adding technologies to
NCAP, a suggested minimum AEB
performance regulation that would
function in concert with NCAP,
conflicts between rating systems that
could cause consumer confusion, other
technologies that should be added to
NCAP in the future, and a call for
flashing brake lights to alert trailing
drivers that an AEB system has been
activated.
Other topics raised may be addressed
as the agency’s experience with AEB
VerDate Sep<11>2014
15:06 Nov 04, 2015
Jkt 238001
systems expands over time. These topics
include: Using different equipment,
including a different surrogate vehicle;
a call to study the interaction of the
proposed CIB/DBS systems with tests
for FMVSS Nos. 208 and 214 to assess
whether such features should be
enabled during testing and what the
effect may be; a suggestion that the
agency should consider the role
electronic data recorders (EDRs) may
play in assessing AEB false positive
field performance; and concern as to
how safety systems on a test vehicle
other than AEB systems would be dealt
with during AEB testing, such as some
pre-crash systems that may be activated
based on these tests.
A suggestion was made that the
agency should consider the potential
interactions of AEB systems with
vehicle-to-vehicle (V2V)
communications technology, both in
how AEB tests might be performed and
what the performance specifications for
those tests should be. The agency is
monitoring the interaction of these
capabilities.
V. Conclusion
For all the reasons stated above, we
believe that it is appropriate to update
NCAP to include crash imminent
braking and dynamic brake support
systems as Recommended Advanced
Technologies.
Starting with Model Year 2018
vehicles, we will include AEB systems
as a recommended technology and test
such systems.
(Authority: 49 U.S.C. 32302, 30111, 30115,
30117, 30166, and 30168, and Pub. L. 106–
414, 114 Stat. 1800; delegation of authority
at 49 CFR 1.95.)
Issued in Washington, DC, on: October 21,
2015.
Under authority delegated in 49 CFR 1.95.
Mark R. Rosekind,
Administrator.
[FR Doc. 2015–28052 Filed 11–4–15; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35760]
Hainesport Industrial Railroad, LLC—
Corporate Family Transaction
Exemption
Surface Transportation Board.
Correction to Notice of
Exemption.
AGENCY:
ACTION:
On August 26, 2013, Hainesport
Industrial Railroad, LLC (Hainesport), a
Class III railroad, filed a verified notice
PO 00000
Frm 00127
Fmt 4703
Sfmt 4703
of exemption under 49 CFR 1180.2(d)(3)
for a corporate family transaction
pursuant to which Hainesport would
transfer ownership and operation of a
line of railroad, described as the East
Line, in Hainesport, N.J., to a corporate
affiliate, Hainesport Secondary Railroad,
LLC (Hainesport Secondary).1 The
notice was served and published in the
Federal Register on September 11, 2013
(78 FR 55,776), and became effective on
September 25, 2013.
On August 6, 2015, Hainesport filed a
petition to correct or amend the notice.
According to Hainesport, the map
provided with its notice incorrectly
depicted the East Line. Thus,
Hainesport requests that the Board
substitute the map identified as Exhibit
A to its petition for the map submitted
in the notice. This correction is
recognized here. All remaining
information from the September 11,
2013 notice remains unchanged.
Board decisions and notices are
available on our Web site at
WWW.STB.DOT.GOV.
Decided: November 2, 2015.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2015–28190 Filed 11–4–15; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF VETERAN AFFAIRS
Privacy Act of 1974; System of
Records
AGENCY:
Department of Veteran Affairs
(VA).
Notice of Amendment to System
of Records.
ACTION:
In accordance with the
Privacy Act of 1974 (5 U.S.C. 552a(e)(4))
all agencies are required to publish in
the Federal Register a notice of the
existence and character of their systems
of records. Notice is hereby given that
the Department of Veterans Affairs (VA)
is amending the system of records
entitled ‘‘Freedom of Information Act
(FOIA) Records—VA’’ 119VA005R1C.
DATES: Comments on the amendment of
this system of records must be received
no later than December 7, 2015. If no
public comment is received, the new
SUMMARY:
1 In a notice served on July 16, 2015, the Board
approved a verified notice of exemption filed by
Hainesport, Tunnel Hill Partners, LP (Tunnel), and
New Amsterdam & Seneca Railroad Company
(NAS), for Tunnel, which owns NAS, to acquire
control of Hainesport. Tunnel Hill Partners, LP—
Acquis. of Control Exemption—Hainesport Indus.
R.R., FD 35942 (STB served July 16, 2015).
E:\FR\FM\05NON1.SGM
05NON1
Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Notices
system will become effective December
7, 2015.
Written comments may be
submitted through www.Regulations.gov
by mail or hand-delivery to the Director,
Office of Regulation Policy and
Management (02REG), Department of
Veterans Affairs, 810 Vermont Avenue
NW., Room 1068, Washington, DC
20420; or by fax to (202) 273–9026.
Copies of comments received will be
available for public inspection in the
Office of Regulation Policy and
Management, Room 1063B, between the
hours of 8:00 a.m. and 4:30 p.m.
Monday through Friday (except
holidays). Please call (202) 461–4902 for
an appointment. In addition, during the
comment period, comments may be
viewed online through the Federal
Docket Management System (FDMS) at
www.Regulations.gov.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Director VA FOIA Service (005R1C),
Department of Veterans Affairs, 810
Vermont Avenue NW., Washington, DC
20420, (202) 632–7453.
As
required by the Privacy Act of 1974 (5
U.S.C. 552a(e)(4), (11)), notice is hereby
given that the Department of Veterans
Affairs (VA) is amending an existing
system of records entitled ‘‘Freedom of
Information Act (FOIA) Records—VA’’
(119VA005R1C). The amended system
of records is adding a Routine Use
number 12, amending Categories of
Individuals Covered by the System,
Categories of Records in the System and
Exemptions Claimed for the System.
The notice of intent to publish, and an
advance copy of the system notice have
been sent to the appropriate
Congressional committees and to the
Director of Office of Management and
Budget (OMB) as required by 5 U.S.C.
552a(r) (Privacy Act) and guidelines
issued by OMB (65 FR 77677),
December 12, 2000.
SUPPLEMENTARY INFORMATION:
jstallworth on DSK7TPTVN1PROD with NOTICES
Signing Authority
The Secretary of Veterans Affairs, or
designee, approved this document and
authorized the undersigned to sign and
submit the document to the Office of the
Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs.
Robert L. Nabors II, Chief of Staff,
approved this document on October 15,
2015, for publication.
VerDate Sep<11>2014
15:06 Nov 04, 2015
Jkt 238001
Dated: October 21, 2015.
Kathleen M. Manwell,
Program Analyst, VA Privacy Service, Office
of Privacy and Records Management,
Department of Veterans Affairs.
119VA005R1C
SYSTEM NAME:
Freedom of Information Act (FOIA)
Records—VA
SYSTEM LOCATION:
Records are maintained at the VA
Central Office FOIA Offices, 810
Vermont Avenue NW., Washington, DC
20420; AINS, Inc., 1355 Piccard Drive,
Rockville, MD 20850, and all VA field
facilities. A list of the field facilities
may be found at the following Internet
address: https://www2.va.gov/directory/
guide/home.asp.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
This system contains records and
related correspondence on individuals
who have filed with VA:
a. Requests for information under the
provisions of the Freedom of
Information Act (5 U.S.C. 552),
including requests for review of initial
denials of such requests.
b. Requests under the provisions of
the Privacy Act (5 U.S.C. 552a) for
records about themselves where the
FOIA is also relied upon to process the
request and which then meet the
Department of Justice’s (DOJ) standard
for required reporting in the Annual
FOIA Report to the Attorney General of
the United States.
c. All persons who have requested
records from VA under the provisions of
the Freedom of Information Act (FOIA);
all persons whose requests for records
have been referred to VA by other
Federal agencies; and all persons who
have submitted appeals to the Secretary
of VA under the provisions of the FOIA.
d. All persons about whom
information has been requested under
the provisions of the FOIA.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system contains correspondence
and other documents related to requests
made by individuals to VA for:
a. Information under the provisions of
the Freedom of Information Act (5
U.S.C. 552), including requests for
review of initial denials of such
requests.
b. Information under provisions of the
Privacy Act (5 U.S.C. 552a) and requests
for review of initial denials of such
requests made under VA’s Privacy Act
regulations regarding requests for
records about themselves where the
FOIA is also relied upon to process the
PO 00000
Frm 00128
Fmt 4703
Sfmt 4703
68619
request and which then meet the
Department of Justice’s (DOJ) standard
for required reporting in the Annual
FOIA Report to the Attorney General of
the United States.
c. Name, home address, telephone
number, email address, FOIA case
numbers assigned to individual cases,
and appeals, FOIA requests and appeals,
responses to requests (including
unredacted and redacted responsive
records), determinations of appeals,
correspondence with requesters and
with other persons who have contacted
VA in connection with requests or
appeals other than requesters or other
memoranda and correspondence in
connection with requests or appeals.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Includes the following with any
revisions and amendments:
The Privacy Act of 1974 (5 U.S.C.
552a); the Freedom of Information Act,
as amended (5 U.S.C. 552); 5 U.S.C. 301;
and 38 U.S.C. 501.
PURPOSE(S):
The system is maintained for the
purpose of processing an individual’s
record request made under the
provisions of the Freedom of
Information and Privacy Acts. These
records are also used by VA to prepare
reports required by the Freedom of
Information and Privacy Acts to the
Office of Management and Budget and
the Department of Justice. The proposed
system of records will assist the
Department of Veterans Affairs in
carrying out its responsibilities under
the Freedom of Information and Privacy
Acts. The records maintained in the
proposed system can originate in both
paper and electronic format.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
System information may be accessed
and used by authorized VA employees,
with a legitimate need to know, to
conduct duties associated with the
management and operation of the
FOIA–PA program. Information may
also be disclosed as a routine use for the
following purposes:
1. VA may disclose information from
this system of records to the Office of
Management and Budget (OMB) for the
performance of its statutory
responsibilities for evaluating Federal
programs.
2. VA may disclose information from
this system of records to the Department
of Justice (DOJ), either on VA’s initiative
or in response to DOJ’s request for the
information, after either VA or DOJ
determines that such information is
E:\FR\FM\05NON1.SGM
05NON1
jstallworth on DSK7TPTVN1PROD with NOTICES
68620
Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Notices
relevant to DOJ’s representation of the
United States or any of its components
in legal proceedings before a court or
adjudicative body, provided that, in
each case, the agency also determines
prior to disclosure that release of the
records to the DOJ is a use of the
information contained in the records
that is compatible with the purpose for
which VA collected the records. VA, on
its own initiative, 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 VA collected the records.
3. VA may disclose information from
the record of an individual in response
to an inquiry from a Congressional
office made at the request of that
individual.
4. VA may disclose information from
this system to the National Archives and
Records Administration (NARA) and
General Services Administration (GSA)
in records management inspections
conducted under Title 44 U.S.C.
5. VA may disclose information from
this system of records to individuals,
organizations, private or public
agencies, or other entities or individuals
with whom VA has a contract or
agreement to perform such services as
VA may deem practicable for the
purposes of laws administered by VA,
in order for the contractor,
subcontractor, public or private agency,
or other entity or individual with whom
VA has a contract or agreement to
perform services under the contract or
agreement.
6. VA may, on its own initiative,
disclose information in this system,
except the names and home addresses of
veterans and their dependents, which is
relevant to a suspected or reasonably
imminent violation of law, whether
civil, criminal or regulatory in nature
and whether arising by general or
program statute or by regulation, rule or
order issued pursuant thereto, to a
Federal, state, local, tribal, or foreign
agency charged with the responsibility
of investigating or prosecuting such
violation, or charged with enforcing or
implementing the statute, regulation,
rule or order. On its own initiative, VA
may also disclose the names and
addresses of veterans and their
dependents to a Federal agency charged
with the responsibility of investigating
or prosecuting civil, criminal or
regulatory violations of law, or charged
with enforcing or implementing the
statute, regulation, rule or order issued
pursuant thereto.
VerDate Sep<11>2014
15:06 Nov 04, 2015
Jkt 238001
7. VA may disclose information from
this system to the Equal Employment
Opportunity Commission (EEOC) when
requested in connection with
investigations of alleged or possible
discriminatory practices, examination of
Federal affirmative employment
programs, or other functions of the
Commission as authorized by law or
regulation.
8. VA may disclose information from
this system to the Merit Systems
Protection Board (MSPB), or the Office
of the Special Counsel, when requested
in connection with appeals, special
studies of the civil service and other
merit systems, review of rules and
regulations, investigation of alleged or
possible prohibited personnel practices,
and such other functions promulgated
in 5 U.S.C. 1205 and 1206, or as
authorized by law.
9. VA may disclose information from
this system to the Federal Labor
Relations Authority (FLRA), including
its General Counsel, information related
to the establishment of jurisdiction,
investigation, and resolution of
allegations of unfair labor practices, or
in connection with the resolution of
exceptions to arbitration awards when a
question of material fact is raised; for it
to address matters properly before the
Federal Services Impasses Panel,
investigate representation petitions, and
conduct or supervise representation
elections.
10. VA may, on its own initiative,
disclose information from this system to
appropriate agencies, entities, and
persons when (1) VA suspects or has
confirmed that the integrity or
confidentiality of information in the
system of records has been
compromised; (2) the Department has
determined that as a result of the
suspected or confirmed compromise
there is a risk of embarrassment or harm
to the reputations of the record subjects,
harm to economic or property interests,
identity theft or fraud, or harm to the
security, confidentiality, or integrity of
this system or other systems or
programs (whether maintained by the
Department or another agency or entity)
that rely upon the potentially
compromised information; and (3) the
disclosure is to agencies, entities, or
persons whom VA determines are
reasonably necessary to assist or carry
out the Department’s efforts to respond
to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm.
11. Disclosure to other Federal
agencies may be made to assist such
agencies in preventing and detecting
possible fraud or abuse by individuals
in their operations and programs.
PO 00000
Frm 00129
Fmt 4703
Sfmt 4703
12. To the National Archives and
Records Administration Office of
Government Information Services
(OGIS), to the extent necessary to fulfill
its responsibilities in 5 U.S.C. 552(b), to
review administrative agency policies,
procedures and compliance with the
Freedom of Information Act (FOIA), and
to facilitate OGIS’ offering of mediation
services to resolve disputes between
persons making FOIA requests and
administrative agencies.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Electronic data are maintained on
Direct Access Storage Devices at AINS
Inc., 1355 Piccard Drive, Rockville,
Maryland. AINS Inc. stores registry
tapes for disaster back up at the storage
location. Registry tapes for disaster back
up are also maintained at an off-site
location. VA Central Office and VA field
facilities also maintain paper reports
and electronic data.
RETRIEVABILITY:
Records are indexed by name of
requester, date and any other identifier
deemed appropriate.
SAFEGUARDS:
This list of safeguards furnished in
this System of Records is not an
exclusive list of measures that has been,
or will be, taken to protect individuallyidentifiable information.
All records are maintained in
compliance with applicable VA security
policy directives that specify the
standards that will be applied to protect
sensitive personal information,
including protection from unauthorized
access through appropriate
administrative, physical, and technical
safeguards. These safeguards include
restricting access to authorized
personnel who have a need-to-know,
using locks and password protection
identification features.
Authorized personnel are required to
take annual VA mandatory data privacy
and security training. Access to data
storage areas is restricted to authorized
VA employees or contract staff who
have been cleared to work by the VA
Office of Security and Law Enforcement.
File areas are locked after normal duty
hours. VA facilities are protected from
outside access by the Federal Protective
Service and/or other security personnel.
Security complies with applicable
Federal Information Processing
Standards (FIPS) issued by the National
Institute of Standards and Technology
(NIST). Contractors and their
subcontractors who access the data are
E:\FR\FM\05NON1.SGM
05NON1
Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Notices
required to maintain the same level of
security as VA staff. Access to electronic
files is controlled by using an
individually unique password entered
in combination with an individually
unique user identification code.
RETENTION AND DISPOSAL:
Records will be maintained and
disposed of in accordance with records
disposition authority approved by the
Archivist of the United States. Routine
records will be disposed of when the
agency determines they are no longer
needed for administrative, legal, audit
or other operational purposes. These
retention and disposal statements are
pursuant to the National Archives and
Records Administration (NARA)
General Record Schedules GRS–20, item
1c and GRS 24, item 6a.
maintained in this system under his or
her name or other personnel identifier,
or wants to determine the contents of
such record, should submit a written
request or apply in person to the last VA
facility where the request or appeal was
submitted or to the Director, FOIA
Service (005R1C), 810 Vermont Avenue
NW., Washington, DC 20420. Such
requests must contain a reasonable
description of the records requested.
Inquires should also include the
following:
a. Name
b. Telephone Number and Return
Address
c. Date of Request or Appeal
RECORD ACCESS PROCEDURES:
Director, FOIA Service (005R1C),
Department of Veterans Affairs, 810
Vermont Avenue NW., Washington, DC
20420
Individuals wishing to request access
to their records maintained under his or
her name may write or visit the nearest
VA facility or write to their regional VA
Public Liaison/FOIA officer listed at
https://www.foia.va.gov/FOIA_
Contacts.asp.
NOTIFICATION PROCEDURE:
CONTESTING RECORDS PROCEDURES:
An individual who wishes to
determine whether a record is being
(See ‘‘Record Access Procedures
above.’’)
jstallworth on DSK7TPTVN1PROD with NOTICES
SYSTEM MANAGER(S) AND ADDRESS:
VerDate Sep<11>2014
15:06 Nov 04, 2015
Jkt 238001
PO 00000
Frm 00130
Fmt 4703
Sfmt 9990
68621
RECORD SOURCE CATEGORIES:
Information in this system of records
is obtained from the following: requests
and administrative appeals submitted
by individuals and organizations
pursuant to the FOIA and Privacy Acts;
VA personnel assigned to handle such
requests and appeals; Agency records
searched and identified as responsive to
such requests and appeals; and requests
referred by Agencies or other entities
concerning VA records.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS
OF THE ACT:
During the course of a FOIA action,
exempt materials from other systems of
records may in turn become part of the
case records in this system. To the
extent that copies of exempt records
from those ‘other’ systems of records are
entered into this FOIA case record, VA
hereby claims the same exemptions for
the records from those ‘other’ systems
that are entered into this system, as
claimed for the original primary systems
of records of which they are a part.
[FR Doc. 2015–28184 Filed 11–4–15; 8:45 am]
BILLING CODE P
E:\FR\FM\05NON1.SGM
05NON1
Agencies
[Federal Register Volume 80, Number 214 (Thursday, November 5, 2015)]
[Notices]
[Pages 68618-68621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28184]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERAN AFFAIRS
Privacy Act of 1974; System of Records
AGENCY: Department of Veteran Affairs (VA).
ACTION: Notice of Amendment to System of Records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974 (5 U.S.C.
552a(e)(4)) all agencies are required to publish in the Federal
Register a notice of the existence and character of their systems of
records. Notice is hereby given that the Department of Veterans Affairs
(VA) is amending the system of records entitled ``Freedom of
Information Act (FOIA) Records--VA'' 119VA005R1C.
DATES: Comments on the amendment of this system of records must be
received no later than December 7, 2015. If no public comment is
received, the new
[[Page 68619]]
system will become effective December 7, 2015.
ADDRESSES: Written comments may be submitted through
www.Regulations.gov by mail or hand-delivery to the Director, Office of
Regulation Policy and Management (02REG), Department of Veterans
Affairs, 810 Vermont Avenue NW., Room 1068, Washington, DC 20420; or by
fax to (202) 273-9026. Copies of comments received will be available
for public inspection in the Office of Regulation Policy and
Management, Room 1063B, between the hours of 8:00 a.m. and 4:30 p.m.
Monday through Friday (except holidays). Please call (202) 461-4902 for
an appointment. In addition, during the comment period, comments may be
viewed online through the Federal Docket Management System (FDMS) at
www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT: Director VA FOIA Service (005R1C),
Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC
20420, (202) 632-7453.
SUPPLEMENTARY INFORMATION: As required by the Privacy Act of 1974 (5
U.S.C. 552a(e)(4), (11)), notice is hereby given that the Department of
Veterans Affairs (VA) is amending an existing system of records
entitled ``Freedom of Information Act (FOIA) Records--VA''
(119VA005R1C). The amended system of records is adding a Routine Use
number 12, amending Categories of Individuals Covered by the System,
Categories of Records in the System and Exemptions Claimed for the
System.
The notice of intent to publish, and an advance copy of the system
notice have been sent to the appropriate Congressional committees and
to the Director of Office of Management and Budget (OMB) as required by
5 U.S.C. 552a(r) (Privacy Act) and guidelines issued by OMB (65 FR
77677), December 12, 2000.
Signing Authority
The Secretary of Veterans Affairs, or designee, approved this
document and authorized the undersigned to sign and submit the document
to the Office of the Federal Register for publication electronically as
an official document of the Department of Veterans Affairs. Robert L.
Nabors II, Chief of Staff, approved this document on October 15, 2015,
for publication.
Dated: October 21, 2015.
Kathleen M. Manwell,
Program Analyst, VA Privacy Service, Office of Privacy and Records
Management, Department of Veterans Affairs.
119VA005R1C
SYSTEM NAME:
Freedom of Information Act (FOIA) Records--VA
SYSTEM LOCATION:
Records are maintained at the VA Central Office FOIA Offices, 810
Vermont Avenue NW., Washington, DC 20420; AINS, Inc., 1355 Piccard
Drive, Rockville, MD 20850, and all VA field facilities. A list of the
field facilities may be found at the following Internet address: https://www2.va.gov/directory/guide/home.asp.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system contains records and related correspondence on
individuals who have filed with VA:
a. Requests for information under the provisions of the Freedom of
Information Act (5 U.S.C. 552), including requests for review of
initial denials of such requests.
b. Requests under the provisions of the Privacy Act (5 U.S.C. 552a)
for records about themselves where the FOIA is also relied upon to
process the request and which then meet the Department of Justice's
(DOJ) standard for required reporting in the Annual FOIA Report to the
Attorney General of the United States.
c. All persons who have requested records from VA under the
provisions of the Freedom of Information Act (FOIA); all persons whose
requests for records have been referred to VA by other Federal
agencies; and all persons who have submitted appeals to the Secretary
of VA under the provisions of the FOIA.
d. All persons about whom information has been requested under the
provisions of the FOIA.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system contains correspondence and other documents related to
requests made by individuals to VA for:
a. Information under the provisions of the Freedom of Information
Act (5 U.S.C. 552), including requests for review of initial denials of
such requests.
b. Information under provisions of the Privacy Act (5 U.S.C. 552a)
and requests for review of initial denials of such requests made under
VA's Privacy Act regulations regarding requests for records about
themselves where the FOIA is also relied upon to process the request
and which then meet the Department of Justice's (DOJ) standard for
required reporting in the Annual FOIA Report to the Attorney General of
the United States.
c. Name, home address, telephone number, email address, FOIA case
numbers assigned to individual cases, and appeals, FOIA requests and
appeals, responses to requests (including unredacted and redacted
responsive records), determinations of appeals, correspondence with
requesters and with other persons who have contacted VA in connection
with requests or appeals other than requesters or other memoranda and
correspondence in connection with requests or appeals.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Includes the following with any revisions and amendments:
The Privacy Act of 1974 (5 U.S.C. 552a); the Freedom of Information
Act, as amended (5 U.S.C. 552); 5 U.S.C. 301; and 38 U.S.C. 501.
PURPOSE(S):
The system is maintained for the purpose of processing an
individual's record request made under the provisions of the Freedom of
Information and Privacy Acts. These records are also used by VA to
prepare reports required by the Freedom of Information and Privacy Acts
to the Office of Management and Budget and the Department of Justice.
The proposed system of records will assist the Department of Veterans
Affairs in carrying out its responsibilities under the Freedom of
Information and Privacy Acts. The records maintained in the proposed
system can originate in both paper and electronic format.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
System information may be accessed and used by authorized VA
employees, with a legitimate need to know, to conduct duties associated
with the management and operation of the FOIA-PA program. Information
may also be disclosed as a routine use for the following purposes:
1. VA may disclose information from this system of records to the
Office of Management and Budget (OMB) for the performance of its
statutory responsibilities for evaluating Federal programs.
2. VA may disclose information from this system of records to the
Department of Justice (DOJ), either on VA's initiative or in response
to DOJ's request for the information, after either VA or DOJ determines
that such information is
[[Page 68620]]
relevant to DOJ's representation of the United States or any of its
components in legal proceedings before a court or adjudicative body,
provided that, in each case, the agency also determines prior to
disclosure that release of the records to the DOJ is a use of the
information contained in the records that is compatible with the
purpose for which VA collected the records. VA, on its own initiative,
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 VA collected the records.
3. VA may disclose information from the record of an individual in
response to an inquiry from a Congressional office made at the request
of that individual.
4. VA may disclose information from this system to the National
Archives and Records Administration (NARA) and General Services
Administration (GSA) in records management inspections conducted under
Title 44 U.S.C.
5. VA may disclose information from this system of records to
individuals, organizations, private or public agencies, or other
entities or individuals with whom VA has a contract or agreement to
perform such services as VA may deem practicable for the purposes of
laws administered by VA, in order for the contractor, subcontractor,
public or private agency, or other entity or individual with whom VA
has a contract or agreement to perform services under the contract or
agreement.
6. VA may, on its own initiative, disclose information in this
system, except the names and home addresses of veterans and their
dependents, which is relevant to a suspected or reasonably imminent
violation of law, whether civil, criminal or regulatory in nature and
whether arising by general or program statute or by regulation, rule or
order issued pursuant thereto, to a Federal, state, local, tribal, or
foreign agency charged with the responsibility of investigating or
prosecuting such violation, or charged with enforcing or implementing
the statute, regulation, rule or order. On its own initiative, VA may
also disclose the names and addresses of veterans and their dependents
to a Federal agency charged with the responsibility of investigating or
prosecuting civil, criminal or regulatory violations of law, or charged
with enforcing or implementing the statute, regulation, rule or order
issued pursuant thereto.
7. VA may disclose information from this system to the Equal
Employment Opportunity Commission (EEOC) when requested in connection
with investigations of alleged or possible discriminatory practices,
examination of Federal affirmative employment programs, or other
functions of the Commission as authorized by law or regulation.
8. VA may disclose information from this system to the Merit
Systems Protection Board (MSPB), or the Office of the Special Counsel,
when requested in connection with appeals, special studies of the civil
service and other merit systems, review of rules and regulations,
investigation of alleged or possible prohibited personnel practices,
and such other functions promulgated in 5 U.S.C. 1205 and 1206, or as
authorized by law.
9. VA may disclose information from this system to the Federal
Labor Relations Authority (FLRA), including its General Counsel,
information related to the establishment of jurisdiction,
investigation, and resolution of allegations of unfair labor practices,
or in connection with the resolution of exceptions to arbitration
awards when a question of material fact is raised; for it to address
matters properly before the Federal Services Impasses Panel,
investigate representation petitions, and conduct or supervise
representation elections.
10. VA may, on its own initiative, disclose information from this
system to appropriate agencies, entities, and persons when (1) VA
suspects or has confirmed that the integrity or confidentiality of
information in the system of records has been compromised; (2) the
Department has determined that as a result of the suspected or
confirmed compromise there is a risk of embarrassment or harm to the
reputations of the record subjects, harm to economic or property
interests, identity theft or fraud, or harm to the security,
confidentiality, or integrity of this system or other systems or
programs (whether maintained by the Department or another agency or
entity) that rely upon the potentially compromised information; and (3)
the disclosure is to agencies, entities, or persons whom VA determines
are reasonably necessary to assist or carry out the Department's
efforts to respond to the suspected or confirmed compromise and
prevent, minimize, or remedy such harm.
11. Disclosure to other Federal agencies may be made to assist such
agencies in preventing and detecting possible fraud or abuse by
individuals in their operations and programs.
12. To the National Archives and Records Administration Office of
Government Information Services (OGIS), to the extent necessary to
fulfill its responsibilities in 5 U.S.C. 552(b), to review
administrative agency policies, procedures and compliance with the
Freedom of Information Act (FOIA), and to facilitate OGIS' offering of
mediation services to resolve disputes between persons making FOIA
requests and administrative agencies.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Electronic data are maintained on Direct Access Storage Devices at
AINS Inc., 1355 Piccard Drive, Rockville, Maryland. AINS Inc. stores
registry tapes for disaster back up at the storage location. Registry
tapes for disaster back up are also maintained at an off-site location.
VA Central Office and VA field facilities also maintain paper reports
and electronic data.
RETRIEVABILITY:
Records are indexed by name of requester, date and any other
identifier deemed appropriate.
SAFEGUARDS:
This list of safeguards furnished in this System of Records is not
an exclusive list of measures that has been, or will be, taken to
protect individually-identifiable information.
All records are maintained in compliance with applicable VA
security policy directives that specify the standards that will be
applied to protect sensitive personal information, including protection
from unauthorized access through appropriate administrative, physical,
and technical safeguards. These safeguards include restricting access
to authorized personnel who have a need-to-know, using locks and
password protection identification features.
Authorized personnel are required to take annual VA mandatory data
privacy and security training. Access to data storage areas is
restricted to authorized VA employees or contract staff who have been
cleared to work by the VA Office of Security and Law Enforcement. File
areas are locked after normal duty hours. VA facilities are protected
from outside access by the Federal Protective Service and/or other
security personnel. Security complies with applicable Federal
Information Processing Standards (FIPS) issued by the National
Institute of Standards and Technology (NIST). Contractors and their
subcontractors who access the data are
[[Page 68621]]
required to maintain the same level of security as VA staff. Access to
electronic files is controlled by using an individually unique password
entered in combination with an individually unique user identification
code.
RETENTION AND DISPOSAL:
Records will be maintained and disposed of in accordance with
records disposition authority approved by the Archivist of the United
States. Routine records will be disposed of when the agency determines
they are no longer needed for administrative, legal, audit or other
operational purposes. These retention and disposal statements are
pursuant to the National Archives and Records Administration (NARA)
General Record Schedules GRS-20, item 1c and GRS 24, item 6a.
SYSTEM MANAGER(S) AND ADDRESS:
Director, FOIA Service (005R1C), Department of Veterans Affairs,
810 Vermont Avenue NW., Washington, DC 20420
NOTIFICATION PROCEDURE:
An individual who wishes to determine whether a record is being
maintained in this system under his or her name or other personnel
identifier, or wants to determine the contents of such record, should
submit a written request or apply in person to the last VA facility
where the request or appeal was submitted or to the Director, FOIA
Service (005R1C), 810 Vermont Avenue NW., Washington, DC 20420. Such
requests must contain a reasonable description of the records
requested. Inquires should also include the following:
a. Name
b. Telephone Number and Return Address
c. Date of Request or Appeal
RECORD ACCESS PROCEDURES:
Individuals wishing to request access to their records maintained
under his or her name may write or visit the nearest VA facility or
write to their regional VA Public Liaison/FOIA officer listed at https://www.foia.va.gov/FOIA_Contacts.asp.
CONTESTING RECORDS PROCEDURES:
(See ``Record Access Procedures above.'')
RECORD SOURCE CATEGORIES:
Information in this system of records is obtained from the
following: requests and administrative appeals submitted by individuals
and organizations pursuant to the FOIA and Privacy Acts; VA personnel
assigned to handle such requests and appeals; Agency records searched
and identified as responsive to such requests and appeals; and requests
referred by Agencies or other entities concerning VA records.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
During the course of a FOIA action, exempt materials from other
systems of records may in turn become part of the case records in this
system. To the extent that copies of exempt records from those `other'
systems of records are entered into this FOIA case record, VA hereby
claims the same exemptions for the records from those `other' systems
that are entered into this system, as claimed for the original primary
systems of records of which they are a part.
[FR Doc. 2015-28184 Filed 11-4-15; 8:45 am]
BILLING CODE P