Privacy Act of 1974; Systems of Records, 30392-30396 [2024-07613]

Download as PDF ddrumheller on DSK120RN23PROD with NOTICES1 30392 Federal Register / Vol. 89, No. 79 / Tuesday, April 23, 2024 / Notices 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 On June 1, 2023, the Commission rescinded the remedial orders directed to Peloton.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 VerDate Sep<11>2014 17:48 Apr 22, 2024 Jkt 262001 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: PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 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 E:\FR\FM\23APN1.SGM 23APN1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 89, No. 79 / Tuesday, April 23, 2024 / Notices 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 VerDate Sep<11>2014 17:48 Apr 22, 2024 Jkt 262001 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. PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 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 E:\FR\FM\23APN1.SGM 23APN1 30394 Federal Register / Vol. 89, No. 79 / Tuesday, April 23, 2024 / Notices 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. ddrumheller on DSK120RN23PROD with NOTICES1 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, VerDate Sep<11>2014 17:48 Apr 22, 2024 Jkt 262001 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; PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 (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 E:\FR\FM\23APN1.SGM 23APN1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 89, No. 79 / Tuesday, April 23, 2024 / Notices 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 VerDate Sep<11>2014 17:48 Apr 22, 2024 Jkt 262001 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 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 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 E:\FR\FM\23APN1.SGM 23APN1 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 23APN1

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.

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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


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