11-17-11 bureau of consumer protection privacy act 1974

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71327Federal Register / Vol. 76, No. 222/ Thursday, November 17, 2011 / Notices

addition to considering estimates of thenumber of marine mammals that might

be taken through behavioralharassment, NMFS must consider otherfactors, such as the likely nature of anyresponses (their intensity, duration,etc.), the context of any responses(critical reproductive time or location,migration, etc.), or any other variables

(if known), as well as the number andnature of estimated Level A takes, thenumber of estimated mortalities, andeffects on habitat.

Based on the analyses of the potentialimpacts from the proposed mineneutralization training exercisesconducted within the HRC, especiallyon the proposed improvement to marinemammal monitoring and mitigationmeasures, NMFS has preliminarilydetermined that the modification of theNavys LOA to include taking of marinemammals incidental to mineneutralization training using TDFDs

would have a negligible impact on themarine mammal species and stockspresent in the action area, provided thatthe additional mitigation andmonitoring measures described aboveare implemented.

Endangered Species Act (ESA)

There are five marine mammalspecies listed as threatened orendangered under the ESA withconfirmed or possible occurrence in theHRC: humpback whale (Megapteranovaeangliae), sei whale (Balaenopteraborealis), fin whale (Balaenoptera

physalus), sperm whale (Physetermacrocephalus), and Hawaiian monkseal (Monachus schauinslandi).Pursuant to section 7 of the ESA, NMFShas begun consultation internally on theissuance of the modified LOAs undersection 101(a)(5)(A) of the MMPA forthese activities. Consultation will beconcluded prior to a final determinationon the issuance of the modified LOA.

National Environmental Policy Act(NEPA)

NMFS participated as a cooperatingagency on the Navys Final

Environmental Impact Statement (FEIS)for the HRC. NMFS subsequentlyadopted the Navys FEIS for the purposeof complying with the MMPA. For theproposed modification, which includesTDFDs, but also adds monitoring andmitigation measures to minimize thelikelihood of any additional impactsfrom TDFDs, NMFS has determined thatthere are no changes in the potentialeffects to marine mammal species andstocks as a result of the proposed mineneutralization training events usingTDFDs. Therefore, no additional NEPA

analysis is required and the informationin the existing FEIS remains sufficient.

Preliminary Determination

Based on the analysis containedherein of the likely effects of thespecified activity on marine mammalsand their habitat and dependent uponthe implementation of the proposed

mitigation measures, NMFSpreliminarily finds that the total takingfrom Navy mine neutralization trainingevents using TDFDs in the HRC wouldhave a negligible impact on the affectedmarine mammal species or stocks.NMFS has proposed issuance of an LOAto allow takes of marine mammalsincidental to the Navys mineneutralization training events usingTDFDs, provided that the proposedmitigation measures are implemented.

Dated: November 9, 2011.

James H. Lecky,

Director, Office of Protected Resources,

National Marine Fisheries Service.[FR Doc. 201129764 Filed 111611; 8:45 am]

BILLING CODE 351022P

BUREAU OF CONSUMER FINANCIALPROTECTION

[Docket No. CFPB20110036]

Privacy Act of 1974, as Amended

AGENCY: Bureau of Consumer FinancialProtection.

ACTION: Notice of Proposed Privacy ActSystem of Records.

SUMMARY: In accordance with thePrivacy Act of 1974, as amended, theBureau of Consumer FinancialProtection, hereinto referred to as theConsumer Financial Protection Bureau(CFPB) or the Bureau gives noticeof the establishment of a Privacy ActSystem of Records.

DATES: Comments must be received nolater than December 19, 2011. The newsystem of records will be effectiveDecember 27, 2011 unless the commentsreceived result in a contrarydetermination.

ADDRESSES: You may submit comments,identified by Docket No. CFPB20110036, by any of the following methods:

Electronic: http://www.regulations.gov.Follow theinstructions for submitting comments.

Mail: Claire Stapleton, ChiefPrivacy Officer, Consumer FinancialProtection Bureau, 1700 G Street NW.,Washington, DC 20006.

Hand Delivery/Courier in Lieu ofMail: Claire Stapleton, Chief PrivacyOfficer, Consumer Financial Protection

Bureau, 1700 G Street NW., Washington,DC 20006.

All submissions must include theagency name and docket number for thisnotice. In general all comments receivedwill be posted without change to http://www.regulations.gov. In addition,comments will be available for public

inspection and copying at 1700 G StreetNW., Washington, DC 20006 on official

business days between the hours of 10a.m. and 5 p.m. Eastern Time. You canmake an appointment to inspectcomments by telephoning (202) 4357220. All comments, includingattachments and other supportingmaterials, will become part of the publicrecord and subject to public disclosure.You should submit only informationthat you wish to make availablepublicly.

FOR FURTHER INFORMATION CONTACT:

Claire Stapleton, Chief Privacy Officer,Consumer Financial Protection Bureau,1700 G St. NW., Washington, DC 20006,(202) 4357220.

SUPPLEMENTARY INFORMATION: The Dodd-Frank Wall Street Reform and ConsumerProtection Act (Act), Public Law No.111203, Title X, established the CFPBto administer and enforce the federalconsumer financial protection laws. TheCFPB will maintain the records covered

by this notice.

The new system of records describedin this notice, CFPB.009Employee

Administrative Records System will beused to administer the benefits,retirement, human resources, andpayroll programs for current and formerCFPB employees and their nameddependents and/or beneficiaries, as wellas to assist in personnel management. Adescription of the new system of recordsfollows this Notice.

The report of a new system of recordshas been submitted to the Committee onOversight and Government Reform ofthe House of Representatives, theCommittee on Homeland Security and

Governmental Affairs of the Senate, andthe Office of Management and Budget,pursuant to Appendix I to OMB CircularA130, Federal AgencyResponsibilities for MaintainingRecords About Individuals, datedNovember 30, 2000, and the PrivacyAct, 5 U.S.C. 552a(r).

The system of records entitled,CFPB.009CFPB EmployeeAdministrative Records System ispublished in its entirety below.

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71328 Federal Register / Vol. 76, No. 222/ Thursday, November 17, 2011 / Notices

1Section 1066 of the Act grants the Secretary ofthe Treasury interim authority to perform certainfunctions of the CFPB. Pursuant to that authority,Treasury published rules on the Disclosure ofRecords and Information within 12 CFR Chapter X.This SORN is published pursuant to those rules andthe Privacy Act.

November 10, 2011.

Claire Stapleton,

Chief Privacy Officer.

CFPB.009

SYSTEM NAME:

Employee Administrative RecordsSystem

SYSTEM LOCATION:Consumer Financial Protection

Bureau, 1700 G St. NW., Washington,DC 20006

CATEGORIES OF INDIVIDUALS COVERED BY THESYSTEM:

Current and former CFPB employeesand their named dependents and/or

beneficiaries, and individuals who havebeen extended offers of employment.

CATEGORIES OF RECORDS IN THE SYSTEM:

Records in the system may containdata relating to individuals who have

been extended offers of employment,current and former CFPB employees andtheir named dependents and/or

beneficiaries, including but not limitedto the following: (1) Identification andcontact information; (2) demographicdata; (3) payroll data; (4) employmentrelated programs such as performancereports, training, and other informationrelative to employment by the CFPB; (5)

benefits data, such as health, life, traveland disability insurance information;and (6) retirement benefits information.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Pub. L. No. 111203, Title X, Sections

1012, 1021, codified at 12 U.S.C. 5492, 5511.1

PURPOSE(S):

The information in the system isbeing collected to enable the CFPB toadminister payroll, benefits, and otheremployment-related programs includingretirement calculations and pay forcurrent and former CFPB employees andtheir named dependents and/or

beneficiaries.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS ANDTHE PURPOSES OF SUCH USES:

These records may be disclosed,consistent with the CFPBs rules relatingto Disclosure of Records andInformation. Rules are promulgated at12 CFR 1070 et seq to:

(1) Appropriate agencies, entities, andpersons when: (a) The CFPB suspects or

has confirmed that the security orconfidentiality of information in thesystem of records has beencompromised; (b) the CFPB hasdetermined that, as a result of thesuspected or confirmed compromise,there is a risk of harm to economic orproperty interests, identity theft orfraud, or harm to the security or

integrity of this system or other systemsor programs (whether maintained by theCFPB or another agency or entity) thatrely upon the compromisedinformation; and (c) the disclosure madeto such agencies, entities, and persons isreasonably necessary to assist inconnection with the CFPBs efforts torespond to the suspected or confirmedcompromise and prevent, minimize, orremedy such harm;

(2) Another federal or state agency to:(a) Permit a decision as to access,amendment or correction of records to

be made in consultation with or by that

agency; or (b) verify the identity of anindividual or the accuracy ofinformation submitted by an individualwho has requested access to, oramendment or correction of record;

(3) Congressional offices in responseto an inquiry made at the request of theindividual to whom the record pertains;

(4) Contractors, agents, or otherauthorized individuals performing workon a contract, service, cooperativeagreement, job, or other activity on

behalf of the CFPB or FederalGovernment and who have a need toaccess the information in theperformance of their duties or activities;

(5) The U.S. Department of Justice(DOJ) for its use in providing legaladvice to the CFPB or in representingthe CFPB in a proceeding before a court,adjudicative body, or otheradministrative body, where the use ofsuch information by the DOJ is deemed

by the CFPB to be relevant andnecessary to the advice or proceeding,and in the case of a proceeding, suchproceeding names as a party in interest:

(a) The CFPB;(b) Any employee of the CFPB in his

or her official capacity;(c) Any employee of the CFPB in his

or her individual capacity where DOJhas agreed to represent the employee; or(d) The United States, where the

CFPB determines that litigation is likelyto affect the CFPB or any of itscomponents;

(6) A grand jury pursuant either to afederal or state grand jury subpoena, orto a prosecution request that suchrecord be released for the purpose of itsintroduction to a grand jury, where thesubpoena or request has beenspecifically approved by a court. Inthose cases where the Federal

Government is not a party to theproceeding, records may be disclosed ifa subpoena has been signed by a judge;

(7) A court, magistrate, oradministrative tribunal in the course ofan administrative proceeding or judicialproceeding, including disclosures toopposing counsel or witnesses(including expert witnesses) in the

course of discovery or other pre-hearingexchanges of information, litigation, orsettlement negotiations, where relevantor potentially relevant to a proceeding,or in connection with criminal lawproceedings;

(8) Appropriate agencies, entities, andpersons to the extent necessary to obtaininformation relevant to current andformer CFPB employees benefits,compensation, and employment;

(9) Appropriate federal, state, local,foreign, tribal, or self-regulatoryorganization or agency responsible forinvestigating, prosecuting, enforcing,implementing, issuing, or carrying out astatute, rule, regulation, order, policy, orlicense if the information may berelevant to a potential violation of civilor criminal law, rule, regulation, order,policy or license;

(10) National, state or local incomesecurity and retirement agencies orentities involved in administration ofemployee retirement and benefitsprograms (e.g., state unemploymentcompensation agencies and statepension plans) and any of suchagencies contractors or planadministrators, when necessary todetermine employee eligibility to

participate in retirement or employeebenefits programs, process employeeparticipation in those programs, processclaims with respect to individualemployee participation in thoseprograms, audit benefits paid underthose programs, or perform any otheradministrative function in connectionwith those programs;

(11) An executor of the estate of acurrent or former employee, agovernment entity probating the will ofa current or former employee, adesignated beneficiary of a current orformer employee, or any person who is

responsible for the care of a current orformer employee, where the employeehas died, has been declared mentallyincompetent, or is under other legaldisability, to the extent necessary toassist in obtaining any employment

benefit or working condition for thecurrent or former employee;

(12) The Internal Revenue Service andother governmental entities that areauthorized to tax employeescompensation with wage and taxinformation in accordance with awithholding agreement with the CFPB



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71329Federal Register / Vol. 76, No. 222/ Thursday, November 17, 2011 / Notices

pursuant to 5 U.S.C. 5516, 5517, and5520, for the purpose of furnishingemployees with IRS Forms W2 thatreport such tax distributions;

(13) Unions recognized as exclusivebargaining representatives under theCivil Service Reform Act of 1978,5 U.S.C. 7111, 7114; and

(14) Carriers, providers and other

federal agencies involved inadministration of employee retirementand benefits programs and suchagencies contractors or planadministrators, when necessary todetermine employee eligibility toparticipate in retirement and benefitsprograms, process employeeparticipation in those programs, processclaims with respect to individualemployee participation in thoseprograms, audit benefits paid underthose programs, or perform any otheradministrative function in connectionwith those programs and federal

agencies that perform payroll andpersonnel processing and employeeretirement and benefits plan servicesunder interagency agreements orcontracts, including the issuance ofpaychecks to employees, thedistribution of wages, theadministration of deductions frompaychecks for retirement and benefitsprograms, and the distribution andreceipt of those deductions. Theseagencies include, without limitation, theDepartment of Labor, the Department ofVeterans Affairs, the Social SecurityAdministration, the Federal RetirementThrift Investment Board, theDepartment of Defense, the Office ofPersonnel Management, the Board ofGovernors of the Federal ReserveSystem, the Department of the Treasury,and the National Finance Center at theU.S. Department of Agriculture.

POLICIES AND PRACTICES FOR STORING,RETRIEVING, ACCESSING, RETAINING, ANDDISPENSING OF RECORDS IN THE SYSTEM:

STORAGE:

Paper and electronic records.

RETRIEVABILITY:

Records are retrievable by a variety of

fields including, without limitation, theindividuals name, social securitynumber, address, account number,transaction number, phone number,date of birth, or by some combinationthereof.

SAFEGUARDS:

Access to electronic records isrestricted to authorized personnel whohave been issued non-transferrableaccess codes and passwords. Otherrecords are maintained in locked filecabinets or rooms with access limited to

those personnel whose official dutiesrequire access.

SYSTEM MANAGER(S) AND ADDRESS:

Consumer Financial ProtectionBureau, Chief Technology Officer, 1700G St. NW., Washington, DC 20006.

RETENTION AND DISPOSAL:

The CFPB will maintain electronicand paper records under the NationalArchives and Records Administration(NARA) schedules General RecordsSchedule (GRS) GRS 01 and GRS 02.

NOTIFICATION PROCEDURE:

Individuals seeking notification andaccess to any record contained in thissystem of records, or seeking to contestits content, may inquire in writing inaccordance with instructions appearingin 12 CFR 1070.50 et seq. Address suchrequests to: Chief Privacy Officer,Consumer Financial Protection Bureau,1700 G St., NW., Washington, DC 20006.

RECORD ACCESS PROCEDURES:

See Notification Procedures above.

CONTESTING RECORD PROCEDURES:

See Notification Procedures above.

RECORD SOURCE CATEGORIES:

Information in this system is obtainedfrom individuals and entities associatedwith benefits, retirement, humanresource, and payroll systemsadministration.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.[FR Doc. 201129689 Filed 111611; 8:45 am]

BILLING CODE 4810AMP

BUREAU OF CONSUMER FINANCIALPROTECTION

[Docket No. CFPB20110037]

Request for Information RegardingPrivate Education Loans and PrivateEducational Lenders

AGENCY: Bureau of Consumer FinancialProtection.

ACTION: Notice and request for

information.SUMMARY: Section 1077 of the Dodd-Frank Wall Street Reform and ConsumerProtection Act of 2010 (Dodd-Frank)requires the Bureau of ConsumerFinancial Protection (Bureau orCFPB) and the Department ofEducation, in consultation with theDepartment of Justice and the FederalTrade Commission, to prepare a Reporton Private Education Loans and PrivateEducation Lenders. The Bureau seeksinformation on private education loans

and related consumer financial productsand services that are currently beingoffered to or used by students and theirfamilies for the financing ofpostsecondary education.DATES: Comment Due Date:January 17,2012.ADDRESSES: You may submit comments,identified by Docket No. CFPB20110037, by any of the following methods:

http://www.regulations.gov.Followthe instructions for submittingcomments.

Email:[email protected].

Mail: Monica Jackson, Office of theExecutive Secretary, ConsumerFinancial Protection Bureau, 1500Pennsylvania Ave. NW., (Attn: 1801 LStreet), Washington, DC 20220.

Hand Delivery/Courier in Lieu ofMail: Monica Jackson, Office of theExecutive Secretary, ConsumerFinancial Protection Bureau, 1700 G

Street NW., Washington, DC 20006.Instructions: The CFPB encouragesthe early submission of comments. Allsubmissions must include the documenttitle and docket number. Please note thenumber of the question to which you areresponding at the top of each response(respondents need not answer eachquestion). In general, all commentsreceived will be posted without changeto http://www.regulations.gov.Inaddition, comments will be available forpublic inspection and copying at 1700G Street NW., Washington, DC 20006,on official business days between thehours of 10 a.m. and 5 p.m. EasternTime. You can make an appointment toinspect the documents by telephoning(202) 4357275. All comments,including attachments and othersupporting materials, will become partof the public record and subject topublic disclosure. Sensitive personalinformation such as account numbers orSocial Security numbers should not beincluded. Comments will not be editedto remove any identifying or contactinformation.

FOR FURTHER INFORMATION CONTACT: Forgeneral inquiries, submission processquestions or any additional information,please call Monica Jackson at (202) 4357275.SUPPLEMENTARY INFORMATION: In supportof the study required under section 1077of Dodd-Frank, the Bureau seeksinformation on private education loansand related consumer financial productsand services that are currently beingoffered to or used by students and theirfamilies for the financing ofpostsecondary education. As used inSection 1077 of Dodd-Frank, privateeducation loans refers to loans made

http://www.regulations.gov/mailto:[email protected]:[email protected]:[email protected]:[email protected]://www.regulations.gov/http://www.regulations.gov/http://www.regulations.gov/mailto:[email protected]

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