Privacy Act of 1974; Systems of Records, 30392-30396 [2024-07613]
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30392
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patent’’); 10,469,554 (‘‘the ’554 patent’’);
10,469,555 (‘‘the ’555 patent’’);
10,757,156 (‘‘the ’156 patent’’); and
10,951,680 (‘‘the ’680 patent’’). Id. The
complaint further alleged that a
domestic industry exists. Id. The
Commission’s notice of investigation
named as respondents iFIT Inc., f/k/a
ICON Health & Fitness, Inc. of Logan,
Utah; FreeMotion Fitness, Inc. of Logan,
Utah; NordicTrack, Inc. of Logan, Utah
(together with iFIT Inc. and FreeMotion
Fitness, Inc., ‘‘iFit’’); Peloton Interactive,
Inc. of New York, New York
(‘‘Peloton’’); lululemon athletica inc. of
Vancouver, Canada; and Curiouser
Products Inc. d/b/a MIRROR of New
York, New York (together with
lululemon athletica inc., ‘‘MIRROR,’’
and together with the other respondents,
‘‘Respondents’’). Id.; Order No. 14 (Nov.
4, 2021), unreviewed by Comm’n Notice
(Dec. 6, 2021), 86 FR 70532 (Dec. 10,
2021). The Office of Unfair Import
Investigations (‘‘OUII’’) participated in
the investigation. 86 FR at 27106–07.
On March 8, 2023, the Commission
issued its final determination, finding
respondents Peloton and iFit in
violation of section 337 as to the
asserted claims of the ’156, ’554, and
’555 patents, but not as to the asserted
claims of the ’564 patent. See 88 FR
15736 (Mar. 14, 2023). The investigation
had terminated as to the asserted claims
of the ’680 patent prior to the issuance
of the final initial determination, Order
No. 21 (Mar. 3, 2022), unreviewed by
Comm’n Notice (Mar. 23, 2022), and the
final determination granted an
unopposed motion to terminate as to
MIRROR. See 88 FR at 15736. As a
remedy, the Commission issued a
limited exclusion order and cease and
desist orders directed to Peloton and
iFit. Id.
On May 5, 2023, the Commission
modified the remedial orders in certain
respects. See 88 FR 30158 (May 10,
2023). On June 1, 2023, the Commission
rescinded the remedial orders directed
to Peloton. See 88 FR 37274 (June 7,
2023).
On October 17, 2023, the Commission
instituted an enforcement proceeding
under Commission Rule 210.75 (19 CFR
210.75) to investigate alleged violations
of the remedial orders by iFit. 88 FR
71603 (Oct. 17, 2023). In addition to
DISH and iFit, OUII was also named as
a party to the enforcement proceeding.
See id.
On March 8, 2024, DISH and iFIT
filed a joint motion requesting
termination of the enforcement
proceeding based on a settlement
agreement. On March 18, 2024, OUII
filed a response supporting the motion.
No other responses were received in
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response to the motion. Separately,
DISH filed a petition with the
Commission requesting that the
Commission rescind the remedial orders
issued in the underlying investigation
based on the settlement.
On March 19, 2024, the CALJ issued
the subject ID (Order No. 11) granting
the motion. The ID found that the joint
motion complies with Commission Rule
210.21(b)(1), 19 CFR 210.21(b)(1).
Furthermore, in accordance with
Commission Rule 210.50(b)(2), 19 CFR
210.50(b)(2), the ID found ‘‘no evidence
that terminating this enforcement
proceeding on the basis of settlement
would adversely affect’’ the public
interest. See Order No. 11 at 3.
No petitions for review of the subject
ID were filed.
The Commission has determined not
to review the subject ID. The
enforcement proceeding in this
investigation is hereby terminated in its
entirety.
The Commission vote for this
determination took place on April 18,
2024.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in part
210 of the Commission’s Rules of
Practice and Procedure (19 CFR part
210).
By order of the Commission.
Issued: April 18, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024–08640 Filed 4–22–24; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
[CPCLO Order No. 001–2024]
Privacy Act of 1974; Systems of
Records
Environment and Natural
Resources Division, United States
Department of Justice.
ACTION: Notice of a modified system of
records.
AGENCY:
Pursuant to the Privacy Act of
1974 and Office of Management and
Budget (OMB) Circular No. A–108,
notice is hereby given that the
Environment and Natural Resources
Division (hereinafter ‘‘ENRD’’ or
‘‘Division’’), a component within the
United States Department of Justice
(DOJ or Department), proposes to
modify a system of records last
published in full on February 23, 2000,
titled ‘‘Environment and Natural
SUMMARY:
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Resources Division Case and Related
Files System,’’ (JUSTICE/ENRD–003).
DATES: In accordance with 5 U.S.C.
552a(e)(4) and (11), this notice is
applicable upon publication, subject to
a 30-day period in which to comment
on the routine uses, described below.
Please submit any comments by May 23,
2024.
ADDRESSES: The public, OMB, and
Congress are invited to submit any
comments by mail to the United States
Department of Justice, Office of Privacy
and Civil Liberties, ATTN: Privacy
Analyst, 145 N St. NW, Suite 8W.300,
Washington, DC 20530; by facsimile at
202–307–0693; or by email at
privacy.compliance@usdoj.gov. To
ensure proper handling, please
reference the above CPCLO Order No.
on your correspondence.
FOR FURTHER INFORMATION CONTACT:
Charles Smiroldo, FOIA Coordinator
and Public Liaison, Department of
Justice, Environment and Natural
Resources Division Law and Policy
Section, 950 Pennsylvania Avenue NW,
Washington, DC 20530–0001
Telephone: (202) 514–0424.
SUPPLEMENTARY INFORMATION: Pursuant
to updated OMB Guidance, ENRD has
made administrative edits to the order
and titles of sections in the notice. The
Division also proposes these
modifications to incorporate substantial
developments made to the ENRD Justice
Consolidated Office Network (ENRD
JCON) information system, where the
Division’s ‘‘Case and Related Files
System’’ is maintained, in addition to
various applications which maintain
additional categories of information
subject to the Privacy Act. Specifically,
the Division will modify the system of
records by renaming it, ‘‘Environment
and Natural Resources Division
Administrative and Case Related Files’’
(JUSTICE/ENRD–003); updating the
‘‘System Manager(s)’’ and ‘‘Addresses’’
section to reflect administrative
changes; revising the categories of
records covered by adding additional
information maintained by applications
housed on ENRD JCON; adding new
routine uses for the new categories of
records maintained on ENRD JCON
(primarily relating to the electronic
management and handling of case files
during investigation and litigation,
human capital, transit subsidy and
financial reporting information, and
public access to the records pursuant to
Federal statutes or regulations); deleting
and revising routine uses to provide
clarity and additional specificity;
revising the categories of records and
purpose sections to reflect changes
made to the system of records that
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enable Division attorneys, managers and
support personnel with the ability to
collect, organize, analyze and
disseminate information more
efficiently. Because of the number of
changes made and for public
convenience, the modified system of
records notice has been printed below
in full, replacing the previous notice in
its entirety.
ENRD continues to assert the same
Privacy Act (j) and (k) exemptions as
previously published in 28 CFR 16.92.
As stated above, the purpose of the
modified notice is to incorporate the
changes and developments to the ENRD
JCON information system, a standalone
major system residing on the DOJ Justice
Consolidated Office Network (JCON)
general support system platform, which
includes hybrid cloud and on-premises
hosting environments. The system
interconnects with various applications
designed to facilitate ENRD litigation
support, and to manage administrative
processes. The purpose for modifying
the Privacy Act System of Records
Notice is to assist with the facilitation
of ENRD’s litigation mission, and the
Division’s need to collect and maintain
information pertaining to civil and
criminal enforcement investigations,
actions, and defensive work on behalf of
the United States Government.
Specifically, collecting and maintaining
the records will support ENRD in
reviewing documents for relevance and
privilege claims, tracking use of
documentary evidence in litigation,
preparing witness kits/binders for
depositions and hearings, determining
and organizing the facts about the case,
and selecting exhibits for trial. The
records will also be used to support
ENRD’s administrative functions.
Additional modifications to the
system of records have been made to
incorporate OMB guidance,
technological advancements, and
update existing routine uses and
propose new routine uses. Pursuant to
OMB Circular No. A–108, various
sections were rearranged, and various
section titles were edited. ENRD moves
the System Manager(s) section in the
system of records notice, as well as
edited Policies and Practices for Storing,
Retrieving, Accessing, Retaining, and
Disposing of Records in the System:
Storage, Retrievability, Safeguards, and
Retention and Disposal to the following
section titles: Policies and Practices for
Storage of Records; Policies and
Practices for Retrieval of Records;
Policies and Practices for Retrieval of
Records; Policies and Practices for
Retention and Disposal of Records; and
Administrative, Technical, and Physical
Safeguards. Technological
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advancements, such as the ability to
store records in the cloud and creation
of stronger authentication methods, and
institutional changes led the ENRD to
modify and update the Policies and
Practices for Storage of Records, Policies
and Practices for Retrieval of Records,
Administrative, Technical, and Physical
Safeguards, System Location, and
System Manager(s), and Addresses
sections.
Previously routine uses have been
consolidated and updated with language
consistent with other Department
routine uses. ENRD also has included
new routine uses, including model
routine uses that are included in all DOJ
SORNs. The model routine uses permit
disclosure to: to a former employee of
the Department for purposes of
responding to an official inquiry by a
Federal, State, or local government
entity or professional licensing
authority, in accordance with applicable
Department regulations; facilitating
communications with a former
employee that may be necessary for
personnel-related or other official
purposes where the Department requires
information and/or consultation
assistance from the former employee
regarding a matter within that person’s
former area of responsibility;
communication with licensing agencies
or associations which require
information concerning the suitability
or eligibility of an individual for a
license or permit; communication with
contractors, grantees, experts,
consultants, students, and others
performing or working on a contract,
service, grant, cooperative agreement, or
other assignment for the Federal
Government, when necessary to
accomplish an agency function related
to this system of records;
communication with designated officers
and employees of State, local, territorial,
or Tribal law enforcement or detention
agencies in connection with the hiring
or continued employment of an
employee or contractor, where the
employee or contractor would occupy or
occupies a position of public trust as a
law enforcement officer or detention
officer having direct contact with the
public or with prisoners or detainees, to
the extent that the information is
relevant and necessary to the recipient
agency’s decision; communication with
any agency, organization, or individual
for the purpose of performing
authorized audit or oversight operations
of ENRD and meeting related reporting
requirements; and communication with
any entities or individuals under such
circumstances and procedures as are
mandated by Federal statute or treaty.
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30393
ENRD also proposes two new routine
uses (x) and (y) to permit disclosure of
information related to caring for a live
animal or plant that has been seized as
a result of an investigation, and to the
public, where required, for purposes of
publishing proposed consent decrees,
settlements, or comments, respectively.
In accordance with 5 U.S.C. 552a(r),
the Department has provided a report to
OMB and Congress on this new system
of records.
Dated: March 28, 2024.
Peter A. Winn,
Acting Privacy and Civil Liberties Officer,
United States Department of Justice.
JUSTICE/ENRD–003
SYSTEM NAME AND NUMBER:
‘‘Environment and Natural Resources
Division Administrative and Case
Related Files,’’ (JUSTICE/ENRD–003).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are located in hybrid cloud
and on-premise hosting environments,
and may be retained in the Central
Office, Field Offices/Locations, Offsite
Storage Facilities, or Federal Records
Center. Primary contact information
may be found on the ENRD’s website at
https://www.justice.gov/enrd.
SYSTEM MANAGER(S):
The System Manager is the Assistant
Director, Office of Information
Technology, in coordination with the
Office of Administrative Services’
Records Management Unit.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Authority to establish and maintain
this system is contained in 5 U.S.C. 301
and 44 U.S.C. 3101, which authorize the
Attorney General to create and maintain
Federal records of agency activities, in
addition to 28 U.S.C. 514–19; 42 U.S.C.
7413(g); 5 U.S.C. 552; 42 U.S.C. 6973(d);
42 U.S.C. 9622(d)(2); 42 U.S.C. 9622(i);
28 CFR Part O, subpart L; 28 CFR 50.7;
and 28 CFR 16.41.
PURPOSE(S) OF THE SYSTEM:
Case records are maintained to litigate
or otherwise resolve civil or criminal
cases or matters handled by ENRD. The
automated case tracking is maintained
to manage and evaluate the Division’s
litigation and related activities, which
includes reviewing documents for
relevance and privilege claims, tracking
use of documentary evidence in
litigation, preparing witness kits/
binders for depositions and hearings,
determining and organizing the facts
about the case, and selecting exhibits for
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trial. Internal case management,
financial reporting, FOIA request
tracking, and the Division’s personnel
records are also maintained in order to
fulfill ENRD’s legal and administrative
functions.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
The categories of individuals covered
by this system include: (a) individuals
being investigated in anticipation of
civil or criminal suits; (b) individuals
involved in civil or criminal suits; (c)
defense or plaintiff’s counsel(s); (d)
information sources; (e) individuals
relevant to the development of civil or
criminal suits, including expert and
other witnesses; (f) individual plaintiffs
or defendants; (g) members of the public
who contact the Division; and (h)
attorneys, paralegals, and other
employees of the Division directly
involved in these cases or personnel
related matters.
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CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records in this
system include information relating to:
(1) litigation and related activities by the
Division, including, but not limited to,
the protection, use and development of
natural resources and public lands,
wildlife protection, Indian rights and
claims, cleanup of hazardous waste
sites, acquisition of private property for
Federal use, prosecution of
environmental crimes, enforcement of
environmental laws, and defense of
environmental challenges to
government programs and activities.
The case files contain court records
(such as briefs, motions, and orders),
inter-agency and intra-agency
correspondence, legal research, and
other related documents. These records
may include civil investigatory and/or
criminal law enforcement information
and information classified pursuant to
Executive order to protect national
security interests. (2) Summary
information of these cases or matters
(such as names of principal parties or
subjects, court docket numbers, status,
and attorney assignments) is maintained
in an automated Case Management and
Time Reporting software application. (3)
A timekeeping function for attorneys,
paralegals, and other employees of the
Division provides data used in: civil and
criminal enforcement investigations,
actions and litigation; documentary
evidence including relevance and
privilege claims; witness kits/binders
for depositions and hearings; trial
exhibits and other litigation support
documentation; financial reporting
documentation; ENRD personnel
records; correspondence, comments,
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and requests for members of the public;
and internal case management records.
RECORD SOURCE CATEGORIES:
Sources of information contained in
this system include, but are not limited
to: investigative reports of client
agencies of the Department of Justice;
discovery materials; non-Department of
Justice forensic reports; statements of
witnesses and parties; verbatim
transcripts of depositions and court
proceedings; data, public reports,
memoranda and reports from the court
and agencies thereof; and Division
Attorneys, Department of Justice
attorneys, investigators, staff, and legal
assistants.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b), all or a portion of the records
or information contained in this system
of records may be disclosed as a routine
use pursuant to 5 U.S.C. 552a(b)(3)
under the circumstances or for the
purposes described below, to the extent
such disclosures are compatible with
the purposes for which the information
was collected:
(a) Where a record, either alone or in
conjunction with other information,
indicates a violation or potential
violation of law—criminal, civil, or
regulatory in nature—the relevant
records may be referred to the
appropriate Federal, State, local,
territorial, Tribal, or foreign law
enforcement authority or other
appropriate entity charged with the
responsibility for investigating or
prosecuting such violation or charged
with enforcing or implementing such
law;
(b) To any person or entity that the
ENRD has reason to believe possesses
information regarding a matter within
the jurisdiction of the ENRD, to the
extent deemed to be necessary by the
ENRD in order to elicit such information
or cooperation from the recipient for use
in the performance of an authorized
activity;
(c) A record relating to a case or
matter may be disseminated in a
Federal, State, local, or Tribal
administrative or regulatory proceeding
or hearing in accordance with the
procedures governing such proceeding
or hearing;
(d) To an actual or potential party to
litigation or the party’s authorized
representative, or to a third party
neutral, for the purpose of negotiation or
discussion of such matters as
settlement, plea bargaining, or formal or
informal discovery proceedings;
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(e) A record relating to a case or
matter that has been referred by an
agency for investigation, civil or
criminal action, enforcement or defense,
or that involves a case or matter within
the jurisdiction of an agency, may be
disseminated to such agency to notify it
of the status of the case or matter, or of
any decision or determination that has
been made, or to make such other
inquiries and reports as are necessary
during the processing of the case or
matter;
(f) A record relating to a case or matter
may be disseminated to a foreign
country, through the United States
Department of State or directly to the
representative of such country, pursuant
to an international treaty or convention
entered into and ratified by the United
States or pursuant to an executive
agreement;
(g) A record may be disseminated to
a foreign country, through the
Department of Justice Civil Division,
United States Department of State, or
directly to the representative of such
country, to the extent necessary to assist
such country in general crime
prevention, the pursuit of civil or
criminal judicial actions or general civil
regulatory or administrative actions, or
to provide investigative leads to such
country, or assist in the location and/or
returning of witnesses and other
evidence;
(h) In an appropriate proceeding
before a court, grand jury, or
administrative or adjudicative body,
when the Department of Justice
determines that the records are arguably
relevant to the proceeding; or in an
appropriate proceeding before an
administrative or adjudicative body
when the adjudicator determines the
records to be relevant to the proceeding;
(i) To the news media and the public,
including disclosures pursuant to 28
CFR 50.2, unless it is determined that
release of the specific information in the
context of a particular case would
constitute an unwarranted invasion of
personal privacy;
(j) To appropriate officials and
employees of a Federal agency or entity
that requires information relevant to a
decision concerning the hiring,
appointment, or retention of an
employee; the assignment, detail, or
deployment of an employee; the
issuance, renewal, suspension, or
revocation of a security clearance; the
execution of a security or suitability
investigation; the letting of a contract, or
the issuance of a grant or benefit;
(k) Pursuant to subsection b(12) of the
Privacy Act, records relating to an
individual who owes an overdue debt to
the United States may be disseminated
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to a Federal agency which employs the
individual; a consumer reporting
agency; a Federal, State, local or foreign
agency; or the Internal Revenue Service
(IRS);
(l) To a Member of Congress or staff
acting upon the Member’s behalf when
the Member or staff requests the
information on behalf of, and at the
request of, the individual who is the
subject of the record;
(m) To the National Archives and
Records Administration for purposes of
records management inspections
conducted under the authority of 44
U.S.C. 2904 and 2906;
(n) To complainants and/or victims to
the extent necessary to provide such
persons with information and
explanations concerning the progress
and/or results of the investigation or
case arising from the matters of which
they complained and/or of which they
were a victim;
(o) Timekeeping records may be
disclosed to opposing parties and to
courts in litigation regarding litigation
costs;
(p) To a former employee of the
Department for purposes of: responding
to an official inquiry by a Federal, State,
or local government entity or
professional licensing authority, in
accordance with applicable Department
regulations; or facilitating
communications with a former
employee that may be necessary for
personnel-related or other official
purposes where the Department requires
information and/or consultation
assistance from the former employee
regarding a matter within that person’s
former area of responsibility;
(q) To appropriate agencies, entities,
and persons when (1) the Department
suspects or has confirmed that there has
been a breach of the system of records;
(2) the Department has determined that
as a result of the suspected or confirmed
breach there is a risk of harm to
individuals, the Department (including
its information systems, programs, and
operations), the Federal Government, or
national security; and (3) the disclosure
made to such agencies, entities, and
persons is reasonably necessary to assist
in connection with the Department’s
efforts to respond to the suspected or
confirmed breach or to prevent,
minimize, or remedy such harm;
(r) To another Federal agency or
Federal entity, when the Department
determines that information from this
system of records is reasonably
necessary to assist the recipient agency
or entity in (1) responding to a
suspected or confirmed breach, or (2)
preventing, minimizing, or remedying
the risk of harm to individuals, the
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recipient agency or entity (including its
information systems, programs, and
operations), the Federal Government, or
national security, resulting from a
suspected or confirmed breach;
(s) To Federal, State, local, territorial,
Tribal, foreign, or international
licensing agencies or associations which
require information concerning the
suitability or eligibility of an individual
for a license or permit;
(t) To contractors, grantees, experts,
consultants, students, and others
performing or working on a contract,
service, grant, cooperative agreement, or
other assignment for the Federal
Government, when necessary to
accomplish an agency function related
to this system of records;
(u) To designated officers and
employees of state, local, territorial, or
tribal law enforcement or detention
agencies in connection with the hiring
or continued employment of an
employee or contractor, where the
employee or contractor would occupy or
occupies a position of public trust as a
law enforcement officer or detention
officer having direct contact with the
public or with prisoners or detainees, to
the extent that the information is
relevant and necessary to the recipient
agency’s decision;
(v) To any agency, organization, or
individual for the purpose of performing
authorized audit or oversight operations
of ENRD and meeting related reporting
requirements;
(w) To such recipients and under
such circumstances and procedures as
are mandated by Federal statute or
treaty;
(x) In a matter under investigation or
in litigation, a record, or facts derived
from it, may be disclosed to an
organization or person who is taking a
live animal or plant into their care for
the purpose of preventing harm to that
animal or plant.
(y) To the public, for the purposes of
publishing proposed consent decrees,
settlements, or comments thereon, as
may be required by statute, regulation,
or Department policy.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
All information, except that specified
in this paragraph, is recorded on
computer files or basic paper/cardboard
material that is stored in file folders, file
cabinets, shelves, or safes. Some
material is recorded and stored on other
data processing storage forms located in
file rooms and offsite facilities.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records in this system are retrieved
by the name of the individual, employee
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30395
identification number, tax identification
number, case number, case name,
complainant/court docket number, and
in limited circumstances Social Security
number.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
In accordance with the Federal
Records Act, DOJ’s Office of Records
Management Policy (ORMP), and
consistent with NARA standards, ENRD
ensures that all applications hosted on
the ENRD JCON system are in
compliance with appropriate retention
schedules to manage the use,
maintenance, retention and disposition
of all DOJ records created and captured.
Records are maintained in paper and
electronic format, and retentions
periods for these records, which include
case files, range from approximately 2
years to 100 years after the case closure
date. Temporary records are destroyed
at the end of the retention period, and
permanent records are transferred to the
custody of NARA.
To ensure NARA and OMB electronic
records compliance, ENRD is
modernizing its information intake
efforts. As part of this process, legacy
hard copy records are in the process of
being converted to electronic files for
storage/use.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Records maintained in the ENRD
JCON system are both confidential and
non-confidential and located in file
cabinets, safes and file rooms as well as
hybrid cloud and on-premises hosting
environments, and may be retained in
the Central Office, Field Offices/
Locations, Offsite Storage Facilities, or
Federal Records Center. Records are also
located in litigation support contract
document centers and offsite storage
locations. Confidential records are in
locked file drawers, safes, and secured
file rooms. Offices are secured by either
Federal Protective Service or private
building guards. Electronic records
retrievable by Division personnel
trained to access existing ENRD
software applications or successor
applications, within various ENRD
offices, are password protected and
require access privileges to ENRD JCON.
RECORD ACCESS PROCEDURES:
All requests for access to records must
be in writing and should be addressed
to the Department of Justice,
Environmental and Natural Resources
Division, Law and Policy Section, 950
Pennsylvania Avenue NW, Washington,
DC 20530 ATTN: FOIA/Privacy Act
Coordinator. The envelope and letter
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30396
Federal Register / Vol. 89, No. 79 / Tuesday, April 23, 2024 / Notices
should be clearly marked ‘‘Privacy Act
Access Request.’’ The request must
describe the records sought in sufficient
detail to enable Department personnel
to locate them with a reasonable amount
of effort. The request must include a
general description of the records
sought and must include the requester’s
full name, current address, and date and
place of birth. The request must be
signed and either notarized or submitted
under penalty of perjury. Some
information may be exempt from the
access provisions as described in the
‘‘EXEMPTIONS PROMULGATED FOR
THE SYSTEM’’ paragraph, below. An
individual who is the subject of a record
in this system of records may access
those records that are not exempt from
access. A determination whether a
record may be accessed will be made at
the time a request is received.
Although no specific form is required,
you may obtain forms for this purpose
from the FOIA/Privacy Act Mail Referral
Unit, United States Department of
Justice, 950 Pennsylvania Avenue NW,
Washington, DC 20530, or on the
Department of Justice website at https://
www.justice.gov/oip/submit-and-trackrequest-or-appeal.
More information regarding the
Department’s procedures for accessing
records in accordance with the Privacy
Act can be found at 28 CFR part 16
Subpart D, ‘‘Protection of Privacy and
Access to Individual Records Under the
Privacy Act of 1974.’’
ddrumheller on DSK120RN23PROD with NOTICES1
CONTESTING RECORD PROCEDURES:
Individuals seeking to contest or
amend records maintained in this
system of records must direct their
requests to the address indicated in the
‘‘RECORD ACCESS PROCEDURES’’
paragraph, above. All requests to contest
or amend records must be in writing
and the envelope and letter should be
clearly marked ‘‘Privacy Act
Amendment Request.’’ All requests
must state clearly and concisely what
record is being contested, the reasons
for contesting it, and the proposed
amendment to the record. Some
information may be exempt from the
amendment provisions as described in
the ‘‘EXEMPTIONS PROMULGATED
FOR THE SYSTEM’’ paragraph, below.
An individual who is the subject of a
record in this system of records may
contest or amend those records that are
not exempt. A determination of whether
a record is exempt from the amendment
provisions will be made after a request
is received.
More information regarding the
Department’s procedures for amending
or contesting records in accordance with
the Privacy Act can be found at 28 CFR
VerDate Sep<11>2014
17:48 Apr 22, 2024
Jkt 262001
16.46, ‘‘Requests for Amendment or
Correction of Records.’’
NOTIFICATION PROCEDURES:
Individuals may be notified if a record
in this system of records pertains to
them when the individuals request
information utilizing the same
procedures as those identified in the
‘‘RECORD ACCESS PROCEDURES’’
paragraph, above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
The Attorney General has
promulgated rules to exempt those
records in this system that pertain to the
enforcement of criminal laws, that are
investigatory materials compiled for law
enforcement purposes, or that are
classified secret by an Executive Order,
from the following Privacy Act
requirements: (1) The requirement
under (c)(3) to make available to the
individual named in the record an
accounting of the circumstances under
which records about the individual
were disclosed; (2) the requirement
under (e)(1) to maintain only such
information about an individual that is
relevant and necessary to accomplish a
purpose of the agency; and (3) the
requirement under (f) to establish
agency procedures to respond to an
individual’s request for information
about himself. The Attorney General
also has promulgated a rule to exempt
records in this system compiled for
criminal enforcement purposes from
these additional requirements: (1) The
requirement under (c)(4) to inform any
party or agency that received an
individual’s records about any
subsequent corrections made to the
record; (2) the requirement under (e)(2)
to collect information to the greatest
extent practicable directly from the
individual when the information may
result in adverse determinations about
an individual’s rights, benefits and
privileges under Federal programs; (3)
the requirement under (e)(3) to inform
each individual from whom information
is collected of the authority for the
information the principal purposes for
the information, the routine uses, and
the effects, if any, of not providing the
information; (4) the requirement under
(e)(5) to maintain all records with such
accuracy, relevance, timeliness and
completeness as is reasonably necessary
to assure fairness to the individual, (5)
the requirement under (e)(8) to make
reasonable efforts to serve notice on an
individual when any record on the
individual is made available to any
person under compulsory legal process
when that process becomes a matter of
public record; and (6) the authority
under (g) providing that individuals
PO 00000
Frm 00077
Fmt 4703
Sfmt 4703
may bring a civil action against the
agency for violations of the Privacy Act.
These rules have been promulgated in
accordance with the requirements of 5
U.S.C. 553(b), (c) and (e), and have been
published in the Federal Register.
HISTORY:
65 FR 8990 (February 23, 2000): Last
published in full; 66 FR 8425 (January
31, 2001); 70 FR 61159 (October 10,
2005); 72 FR 3410 (January 25, 2007)
(Rescinded by 82 FR 24147); 82 FR
24147 (May 25, 2017).
[FR Doc. 2024–07613 Filed 4–22–24; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2019–0009]
DEKRA Certification Inc.: Grant of
Expansion of Recognition and
Modification to the NRTL Program’s
List of Appropriate Test Standards
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice.
AGENCY:
In this notice, OSHA
announces the final decision to expand
the scope of recognition of DEKRA
Certification Inc., (DEKRA) as a
Nationally Recognized Testing
Laboratory (NRTL). Additionally, OSHA
announces the final decision to add one
test standard to the NRTL List of
Appropriate Test Standards.
DATES: The expansion of the scope of
recognition becomes effective on April
23, 2024.
FOR FURTHER INFORMATION CONTACT:
Information regarding this notice is
available from the following sources:
Press inquiries: Contact Mr. Frank
Meilinger, Director, OSHA Office of
Communications, U.S. Department of
Labor; telephone (202) 693–1999 or
email meilinger.francis2@dol.gov.
General and technical information:
Contact Mr. Kevin Robinson, Director,
Office of Technical Programs and
Coordination Activities, Directorate of
Technical Support and Emergency
Management, Occupational Safety and
Health Administration, U.S. Department
of Labor; telephone (202) 693–1911 or
email robinson.kevin@dol.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Notice of the Final Decision
OSHA hereby gives notice of the
expansion of the scope of recognition of
DEKRA Certification Inc., (DEKRA) as a
E:\FR\FM\23APN1.SGM
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Agencies
[Federal Register Volume 89, Number 79 (Tuesday, April 23, 2024)]
[Notices]
[Pages 30392-30396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07613]
=======================================================================
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DEPARTMENT OF JUSTICE
[CPCLO Order No. 001-2024]
Privacy Act of 1974; Systems of Records
AGENCY: Environment and Natural Resources Division, United States
Department of Justice.
ACTION: Notice of a modified system of records.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Privacy Act of 1974 and Office of Management
and Budget (OMB) Circular No. A-108, notice is hereby given that the
Environment and Natural Resources Division (hereinafter ``ENRD'' or
``Division''), a component within the United States Department of
Justice (DOJ or Department), proposes to modify a system of records
last published in full on February 23, 2000, titled ``Environment and
Natural Resources Division Case and Related Files System,'' (JUSTICE/
ENRD-003).
DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this notice is
applicable upon publication, subject to a 30-day period in which to
comment on the routine uses, described below. Please submit any
comments by May 23, 2024.
ADDRESSES: The public, OMB, and Congress are invited to submit any
comments by mail to the United States Department of Justice, Office of
Privacy and Civil Liberties, ATTN: Privacy Analyst, 145 N St. NW, Suite
8W.300, Washington, DC 20530; by facsimile at 202-307-0693; or by email
at [email protected]. To ensure proper handling, please
reference the above CPCLO Order No. on your correspondence.
FOR FURTHER INFORMATION CONTACT: Charles Smiroldo, FOIA Coordinator and
Public Liaison, Department of Justice, Environment and Natural
Resources Division Law and Policy Section, 950 Pennsylvania Avenue NW,
Washington, DC 20530-0001 Telephone: (202) 514-0424.
SUPPLEMENTARY INFORMATION: Pursuant to updated OMB Guidance, ENRD has
made administrative edits to the order and titles of sections in the
notice. The Division also proposes these modifications to incorporate
substantial developments made to the ENRD Justice Consolidated Office
Network (ENRD JCON) information system, where the Division's ``Case and
Related Files System'' is maintained, in addition to various
applications which maintain additional categories of information
subject to the Privacy Act. Specifically, the Division will modify the
system of records by renaming it, ``Environment and Natural Resources
Division Administrative and Case Related Files'' (JUSTICE/ENRD-003);
updating the ``System Manager(s)'' and ``Addresses'' section to reflect
administrative changes; revising the categories of records covered by
adding additional information maintained by applications housed on ENRD
JCON; adding new routine uses for the new categories of records
maintained on ENRD JCON (primarily relating to the electronic
management and handling of case files during investigation and
litigation, human capital, transit subsidy and financial reporting
information, and public access to the records pursuant to Federal
statutes or regulations); deleting and revising routine uses to provide
clarity and additional specificity; revising the categories of records
and purpose sections to reflect changes made to the system of records
that
[[Page 30393]]
enable Division attorneys, managers and support personnel with the
ability to collect, organize, analyze and disseminate information more
efficiently. Because of the number of changes made and for public
convenience, the modified system of records notice has been printed
below in full, replacing the previous notice in its entirety.
ENRD continues to assert the same Privacy Act (j) and (k)
exemptions as previously published in 28 CFR 16.92.
As stated above, the purpose of the modified notice is to
incorporate the changes and developments to the ENRD JCON information
system, a standalone major system residing on the DOJ Justice
Consolidated Office Network (JCON) general support system platform,
which includes hybrid cloud and on-premises hosting environments. The
system interconnects with various applications designed to facilitate
ENRD litigation support, and to manage administrative processes. The
purpose for modifying the Privacy Act System of Records Notice is to
assist with the facilitation of ENRD's litigation mission, and the
Division's need to collect and maintain information pertaining to civil
and criminal enforcement investigations, actions, and defensive work on
behalf of the United States Government. Specifically, collecting and
maintaining the records will support ENRD in reviewing documents for
relevance and privilege claims, tracking use of documentary evidence in
litigation, preparing witness kits/binders for depositions and
hearings, determining and organizing the facts about the case, and
selecting exhibits for trial. The records will also be used to support
ENRD's administrative functions.
Additional modifications to the system of records have been made to
incorporate OMB guidance, technological advancements, and update
existing routine uses and propose new routine uses. Pursuant to OMB
Circular No. A-108, various sections were rearranged, and various
section titles were edited. ENRD moves the System Manager(s) section in
the system of records notice, as well as edited Policies and Practices
for Storing, Retrieving, Accessing, Retaining, and Disposing of Records
in the System: Storage, Retrievability, Safeguards, and Retention and
Disposal to the following section titles: Policies and Practices for
Storage of Records; Policies and Practices for Retrieval of Records;
Policies and Practices for Retrieval of Records; Policies and Practices
for Retention and Disposal of Records; and Administrative, Technical,
and Physical Safeguards. Technological advancements, such as the
ability to store records in the cloud and creation of stronger
authentication methods, and institutional changes led the ENRD to
modify and update the Policies and Practices for Storage of Records,
Policies and Practices for Retrieval of Records, Administrative,
Technical, and Physical Safeguards, System Location, and System
Manager(s), and Addresses sections.
Previously routine uses have been consolidated and updated with
language consistent with other Department routine uses. ENRD also has
included new routine uses, including model routine uses that are
included in all DOJ SORNs. The model routine uses permit disclosure to:
to a former employee of the Department for purposes of responding to an
official inquiry by a Federal, State, or local government entity or
professional licensing authority, in accordance with applicable
Department regulations; facilitating communications with a former
employee that may be necessary for personnel-related or other official
purposes where the Department requires information and/or consultation
assistance from the former employee regarding a matter within that
person's former area of responsibility; communication with licensing
agencies or associations which require information concerning the
suitability or eligibility of an individual for a license or permit;
communication with contractors, grantees, experts, consultants,
students, and others performing or working on a contract, service,
grant, cooperative agreement, or other assignment for the Federal
Government, when necessary to accomplish an agency function related to
this system of records; communication with designated officers and
employees of State, local, territorial, or Tribal law enforcement or
detention agencies in connection with the hiring or continued
employment of an employee or contractor, where the employee or
contractor would occupy or occupies a position of public trust as a law
enforcement officer or detention officer having direct contact with the
public or with prisoners or detainees, to the extent that the
information is relevant and necessary to the recipient agency's
decision; communication with any agency, organization, or individual
for the purpose of performing authorized audit or oversight operations
of ENRD and meeting related reporting requirements; and communication
with any entities or individuals under such circumstances and
procedures as are mandated by Federal statute or treaty. ENRD also
proposes two new routine uses (x) and (y) to permit disclosure of
information related to caring for a live animal or plant that has been
seized as a result of an investigation, and to the public, where
required, for purposes of publishing proposed consent decrees,
settlements, or comments, respectively.
In accordance with 5 U.S.C. 552a(r), the Department has provided a
report to OMB and Congress on this new system of records.
Dated: March 28, 2024.
Peter A. Winn,
Acting Privacy and Civil Liberties Officer, United States Department of
Justice.
JUSTICE/ENRD-003
SYSTEM NAME AND NUMBER:
``Environment and Natural Resources Division Administrative and
Case Related Files,'' (JUSTICE/ENRD-003).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are located in hybrid cloud and on-premise hosting
environments, and may be retained in the Central Office, Field Offices/
Locations, Offsite Storage Facilities, or Federal Records Center.
Primary contact information may be found on the ENRD's website at
https://www.justice.gov/enrd.
SYSTEM MANAGER(S):
The System Manager is the Assistant Director, Office of Information
Technology, in coordination with the Office of Administrative Services'
Records Management Unit.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Authority to establish and maintain this system is contained in 5
U.S.C. 301 and 44 U.S.C. 3101, which authorize the Attorney General to
create and maintain Federal records of agency activities, in addition
to 28 U.S.C. 514-19; 42 U.S.C. 7413(g); 5 U.S.C. 552; 42 U.S.C.
6973(d); 42 U.S.C. 9622(d)(2); 42 U.S.C. 9622(i); 28 CFR Part O,
subpart L; 28 CFR 50.7; and 28 CFR 16.41.
PURPOSE(S) OF THE SYSTEM:
Case records are maintained to litigate or otherwise resolve civil
or criminal cases or matters handled by ENRD. The automated case
tracking is maintained to manage and evaluate the Division's litigation
and related activities, which includes reviewing documents for
relevance and privilege claims, tracking use of documentary evidence in
litigation, preparing witness kits/binders for depositions and
hearings, determining and organizing the facts about the case, and
selecting exhibits for
[[Page 30394]]
trial. Internal case management, financial reporting, FOIA request
tracking, and the Division's personnel records are also maintained in
order to fulfill ENRD's legal and administrative functions.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The categories of individuals covered by this system include: (a)
individuals being investigated in anticipation of civil or criminal
suits; (b) individuals involved in civil or criminal suits; (c) defense
or plaintiff's counsel(s); (d) information sources; (e) individuals
relevant to the development of civil or criminal suits, including
expert and other witnesses; (f) individual plaintiffs or defendants;
(g) members of the public who contact the Division; and (h) attorneys,
paralegals, and other employees of the Division directly involved in
these cases or personnel related matters.
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records in this system include information
relating to: (1) litigation and related activities by the Division,
including, but not limited to, the protection, use and development of
natural resources and public lands, wildlife protection, Indian rights
and claims, cleanup of hazardous waste sites, acquisition of private
property for Federal use, prosecution of environmental crimes,
enforcement of environmental laws, and defense of environmental
challenges to government programs and activities. The case files
contain court records (such as briefs, motions, and orders), inter-
agency and intra-agency correspondence, legal research, and other
related documents. These records may include civil investigatory and/or
criminal law enforcement information and information classified
pursuant to Executive order to protect national security interests. (2)
Summary information of these cases or matters (such as names of
principal parties or subjects, court docket numbers, status, and
attorney assignments) is maintained in an automated Case Management and
Time Reporting software application. (3) A timekeeping function for
attorneys, paralegals, and other employees of the Division provides
data used in: civil and criminal enforcement investigations, actions
and litigation; documentary evidence including relevance and privilege
claims; witness kits/binders for depositions and hearings; trial
exhibits and other litigation support documentation; financial
reporting documentation; ENRD personnel records; correspondence,
comments, and requests for members of the public; and internal case
management records.
RECORD SOURCE CATEGORIES:
Sources of information contained in this system include, but are
not limited to: investigative reports of client agencies of the
Department of Justice; discovery materials; non-Department of Justice
forensic reports; statements of witnesses and parties; verbatim
transcripts of depositions and court proceedings; data, public reports,
memoranda and reports from the court and agencies thereof; and Division
Attorneys, Department of Justice attorneys, investigators, staff, and
legal assistants.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b), all or a portion of the records or information contained in
this system of records may be disclosed as a routine use pursuant to 5
U.S.C. 552a(b)(3) under the circumstances or for the purposes described
below, to the extent such disclosures are compatible with the purposes
for which the information was collected:
(a) Where a record, either alone or in conjunction with other
information, indicates a violation or potential violation of law--
criminal, civil, or regulatory in nature--the relevant records may be
referred to the appropriate Federal, State, local, territorial, Tribal,
or foreign law enforcement authority or other appropriate entity
charged with the responsibility for investigating or prosecuting such
violation or charged with enforcing or implementing such law;
(b) To any person or entity that the ENRD has reason to believe
possesses information regarding a matter within the jurisdiction of the
ENRD, to the extent deemed to be necessary by the ENRD in order to
elicit such information or cooperation from the recipient for use in
the performance of an authorized activity;
(c) A record relating to a case or matter may be disseminated in a
Federal, State, local, or Tribal administrative or regulatory
proceeding or hearing in accordance with the procedures governing such
proceeding or hearing;
(d) To an actual or potential party to litigation or the party's
authorized representative, or to a third party neutral, for the purpose
of negotiation or discussion of such matters as settlement, plea
bargaining, or formal or informal discovery proceedings;
(e) A record relating to a case or matter that has been referred by
an agency for investigation, civil or criminal action, enforcement or
defense, or that involves a case or matter within the jurisdiction of
an agency, may be disseminated to such agency to notify it of the
status of the case or matter, or of any decision or determination that
has been made, or to make such other inquiries and reports as are
necessary during the processing of the case or matter;
(f) A record relating to a case or matter may be disseminated to a
foreign country, through the United States Department of State or
directly to the representative of such country, pursuant to an
international treaty or convention entered into and ratified by the
United States or pursuant to an executive agreement;
(g) A record may be disseminated to a foreign country, through the
Department of Justice Civil Division, United States Department of
State, or directly to the representative of such country, to the extent
necessary to assist such country in general crime prevention, the
pursuit of civil or criminal judicial actions or general civil
regulatory or administrative actions, or to provide investigative leads
to such country, or assist in the location and/or returning of
witnesses and other evidence;
(h) In an appropriate proceeding before a court, grand jury, or
administrative or adjudicative body, when the Department of Justice
determines that the records are arguably relevant to the proceeding; or
in an appropriate proceeding before an administrative or adjudicative
body when the adjudicator determines the records to be relevant to the
proceeding;
(i) To the news media and the public, including disclosures
pursuant to 28 CFR 50.2, unless it is determined that release of the
specific information in the context of a particular case would
constitute an unwarranted invasion of personal privacy;
(j) To appropriate officials and employees of a Federal agency or
entity that requires information relevant to a decision concerning the
hiring, appointment, or retention of an employee; the assignment,
detail, or deployment of an employee; the issuance, renewal,
suspension, or revocation of a security clearance; the execution of a
security or suitability investigation; the letting of a contract, or
the issuance of a grant or benefit;
(k) Pursuant to subsection b(12) of the Privacy Act, records
relating to an individual who owes an overdue debt to the United States
may be disseminated
[[Page 30395]]
to a Federal agency which employs the individual; a consumer reporting
agency; a Federal, State, local or foreign agency; or the Internal
Revenue Service (IRS);
(l) To a Member of Congress or staff acting upon the Member's
behalf when the Member or staff requests the information on behalf of,
and at the request of, the individual who is the subject of the record;
(m) To the National Archives and Records Administration for
purposes of records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906;
(n) To complainants and/or victims to the extent necessary to
provide such persons with information and explanations concerning the
progress and/or results of the investigation or case arising from the
matters of which they complained and/or of which they were a victim;
(o) Timekeeping records may be disclosed to opposing parties and to
courts in litigation regarding litigation costs;
(p) To a former employee of the Department for purposes of:
responding to an official inquiry by a Federal, State, or local
government entity or professional licensing authority, in accordance
with applicable Department regulations; or facilitating communications
with a former employee that may be necessary for personnel-related or
other official purposes where the Department requires information and/
or consultation assistance from the former employee regarding a matter
within that person's former area of responsibility;
(q) To appropriate agencies, entities, and persons when (1) the
Department suspects or has confirmed that there has been a breach of
the system of records; (2) the Department has determined that as a
result of the suspected or confirmed breach there is a risk of harm to
individuals, the Department (including its information systems,
programs, and operations), the Federal Government, or national
security; and (3) the disclosure made to such agencies, entities, and
persons is reasonably necessary to assist in connection with the
Department's efforts to respond to the suspected or confirmed breach or
to prevent, minimize, or remedy such harm;
(r) To another Federal agency or Federal entity, when the
Department determines that information from this system of records is
reasonably necessary to assist the recipient agency or entity in (1)
responding to a suspected or confirmed breach, or (2) preventing,
minimizing, or remedying the risk of harm to individuals, the recipient
agency or entity (including its information systems, programs, and
operations), the Federal Government, or national security, resulting
from a suspected or confirmed breach;
(s) To Federal, State, local, territorial, Tribal, foreign, or
international licensing agencies or associations which require
information concerning the suitability or eligibility of an individual
for a license or permit;
(t) To contractors, grantees, experts, consultants, students, and
others performing or working on a contract, service, grant, cooperative
agreement, or other assignment for the Federal Government, when
necessary to accomplish an agency function related to this system of
records;
(u) To designated officers and employees of state, local,
territorial, or tribal law enforcement or detention agencies in
connection with the hiring or continued employment of an employee or
contractor, where the employee or contractor would occupy or occupies a
position of public trust as a law enforcement officer or detention
officer having direct contact with the public or with prisoners or
detainees, to the extent that the information is relevant and necessary
to the recipient agency's decision;
(v) To any agency, organization, or individual for the purpose of
performing authorized audit or oversight operations of ENRD and meeting
related reporting requirements;
(w) To such recipients and under such circumstances and procedures
as are mandated by Federal statute or treaty;
(x) In a matter under investigation or in litigation, a record, or
facts derived from it, may be disclosed to an organization or person
who is taking a live animal or plant into their care for the purpose of
preventing harm to that animal or plant.
(y) To the public, for the purposes of publishing proposed consent
decrees, settlements, or comments thereon, as may be required by
statute, regulation, or Department policy.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
All information, except that specified in this paragraph, is
recorded on computer files or basic paper/cardboard material that is
stored in file folders, file cabinets, shelves, or safes. Some material
is recorded and stored on other data processing storage forms located
in file rooms and offsite facilities.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records in this system are retrieved by the name of the individual,
employee identification number, tax identification number, case number,
case name, complainant/court docket number, and in limited
circumstances Social Security number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
In accordance with the Federal Records Act, DOJ's Office of Records
Management Policy (ORMP), and consistent with NARA standards, ENRD
ensures that all applications hosted on the ENRD JCON system are in
compliance with appropriate retention schedules to manage the use,
maintenance, retention and disposition of all DOJ records created and
captured. Records are maintained in paper and electronic format, and
retentions periods for these records, which include case files, range
from approximately 2 years to 100 years after the case closure date.
Temporary records are destroyed at the end of the retention period, and
permanent records are transferred to the custody of NARA.
To ensure NARA and OMB electronic records compliance, ENRD is
modernizing its information intake efforts. As part of this process,
legacy hard copy records are in the process of being converted to
electronic files for storage/use.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Records maintained in the ENRD JCON system are both confidential
and non-confidential and located in file cabinets, safes and file rooms
as well as hybrid cloud and on-premises hosting environments, and may
be retained in the Central Office, Field Offices/Locations, Offsite
Storage Facilities, or Federal Records Center. Records are also located
in litigation support contract document centers and offsite storage
locations. Confidential records are in locked file drawers, safes, and
secured file rooms. Offices are secured by either Federal Protective
Service or private building guards. Electronic records retrievable by
Division personnel trained to access existing ENRD software
applications or successor applications, within various ENRD offices,
are password protected and require access privileges to ENRD JCON.
RECORD ACCESS PROCEDURES:
All requests for access to records must be in writing and should be
addressed to the Department of Justice, Environmental and Natural
Resources Division, Law and Policy Section, 950 Pennsylvania Avenue NW,
Washington, DC 20530 ATTN: FOIA/Privacy Act Coordinator. The envelope
and letter
[[Page 30396]]
should be clearly marked ``Privacy Act Access Request.'' The request
must describe the records sought in sufficient detail to enable
Department personnel to locate them with a reasonable amount of effort.
The request must include a general description of the records sought
and must include the requester's full name, current address, and date
and place of birth. The request must be signed and either notarized or
submitted under penalty of perjury. Some information may be exempt from
the access provisions as described in the ``EXEMPTIONS PROMULGATED FOR
THE SYSTEM'' paragraph, below. An individual who is the subject of a
record in this system of records may access those records that are not
exempt from access. A determination whether a record may be accessed
will be made at the time a request is received.
Although no specific form is required, you may obtain forms for
this purpose from the FOIA/Privacy Act Mail Referral Unit, United
States Department of Justice, 950 Pennsylvania Avenue NW, Washington,
DC 20530, or on the Department of Justice website at https://www.justice.gov/oip/submit-and-track-request-or-appeal.
More information regarding the Department's procedures for
accessing records in accordance with the Privacy Act can be found at 28
CFR part 16 Subpart D, ``Protection of Privacy and Access to Individual
Records Under the Privacy Act of 1974.''
CONTESTING RECORD PROCEDURES:
Individuals seeking to contest or amend records maintained in this
system of records must direct their requests to the address indicated
in the ``RECORD ACCESS PROCEDURES'' paragraph, above. All requests to
contest or amend records must be in writing and the envelope and letter
should be clearly marked ``Privacy Act Amendment Request.'' All
requests must state clearly and concisely what record is being
contested, the reasons for contesting it, and the proposed amendment to
the record. Some information may be exempt from the amendment
provisions as described in the ``EXEMPTIONS PROMULGATED FOR THE
SYSTEM'' paragraph, below. An individual who is the subject of a record
in this system of records may contest or amend those records that are
not exempt. A determination of whether a record is exempt from the
amendment provisions will be made after a request is received.
More information regarding the Department's procedures for amending
or contesting records in accordance with the Privacy Act can be found
at 28 CFR 16.46, ``Requests for Amendment or Correction of Records.''
NOTIFICATION PROCEDURES:
Individuals may be notified if a record in this system of records
pertains to them when the individuals request information utilizing the
same procedures as those identified in the ``RECORD ACCESS PROCEDURES''
paragraph, above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
The Attorney General has promulgated rules to exempt those records
in this system that pertain to the enforcement of criminal laws, that
are investigatory materials compiled for law enforcement purposes, or
that are classified secret by an Executive Order, from the following
Privacy Act requirements: (1) The requirement under (c)(3) to make
available to the individual named in the record an accounting of the
circumstances under which records about the individual were disclosed;
(2) the requirement under (e)(1) to maintain only such information
about an individual that is relevant and necessary to accomplish a
purpose of the agency; and (3) the requirement under (f) to establish
agency procedures to respond to an individual's request for information
about himself. The Attorney General also has promulgated a rule to
exempt records in this system compiled for criminal enforcement
purposes from these additional requirements: (1) The requirement under
(c)(4) to inform any party or agency that received an individual's
records about any subsequent corrections made to the record; (2) the
requirement under (e)(2) to collect information to the greatest extent
practicable directly from the individual when the information may
result in adverse determinations about an individual's rights, benefits
and privileges under Federal programs; (3) the requirement under (e)(3)
to inform each individual from whom information is collected of the
authority for the information the principal purposes for the
information, the routine uses, and the effects, if any, of not
providing the information; (4) the requirement under (e)(5) to maintain
all records with such accuracy, relevance, timeliness and completeness
as is reasonably necessary to assure fairness to the individual, (5)
the requirement under (e)(8) to make reasonable efforts to serve notice
on an individual when any record on the individual is made available to
any person under compulsory legal process when that process becomes a
matter of public record; and (6) the authority under (g) providing that
individuals may bring a civil action against the agency for violations
of the Privacy Act.
These rules have been promulgated in accordance with the
requirements of 5 U.S.C. 553(b), (c) and (e), and have been published
in the Federal Register.
HISTORY:
65 FR 8990 (February 23, 2000): Last published in full; 66 FR 8425
(January 31, 2001); 70 FR 61159 (October 10, 2005); 72 FR 3410 (January
25, 2007) (Rescinded by 82 FR 24147); 82 FR 24147 (May 25, 2017).
[FR Doc. 2024-07613 Filed 4-22-24; 8:45 am]
BILLING CODE 4410-15-P