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

addition to considering estimates of the 

number of marine mammals that might 

be ‘‘taken’’ through behavioral 

harassment, NMFS must consider other 

factors, such as the likely nature of any 

responses (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 and 

nature of estimated Level A takes, the 

number of estimated mortalities, and 

effects on habitat. 

Based on the analyses of the potential 

impacts from the proposed mine 

neutralization training exercises 

conducted within the HRC, especially 

on the proposed improvement to marine 

mammal monitoring and mitigation 

measures, NMFS has preliminarily 

determined that the modification of the 

Navy’s LOA to include taking of marine 

mammals incidental to mine 

neutralization training using TDFDs 

would have a negligible impact on the 

marine mammal species and stocks 

present in the action area, provided that 

the additional mitigation and 

monitoring measures described above 

are implemented. 

Endangered Species Act (ESA) 

There are five marine mammal 

species listed as threatened or 

endangered under the ESA with 

confirmed or possible occurrence in the 

HRC: humpback whale (Megaptera 

novaeangliae), sei whale (Balaenoptera 

borealis), fin whale (Balaenoptera 

physalus), sperm whale (Physeter 

macrocephalus), and Hawaiian monk 

seal (Monachus schauinslandi). 

Pursuant to section 7 of the ESA, NMFS 

has begun consultation internally on the 

issuance of the modified LOAs under 

section 101(a)(5)(A) of the MMPA for 

these activities. Consultation will be 

concluded prior to a final determination 

on the issuance of the modified LOA. 

National Environmental Policy Act 

(NEPA) 

NMFS participated as a cooperating 

agency on the Navy’s Final 

Environmental Impact Statement (FEIS) 

for the HRC. NMFS subsequently 

adopted the Navy’s FEIS for the purpose 

of complying with the MMPA. For the 

proposed modification, which includes 

TDFDs, but also adds monitoring and 

mitigation measures to minimize the 

likelihood of any additional impacts 

from TDFDs, NMFS has determined that 

there are no changes in the potential 

effects to marine mammal species and 

stocks as a result of the proposed mine 

neutralization training events using 

TDFDs. Therefore, no additional NEPA 

analysis is required and the information 

in the existing FEIS remains sufficient. 

Preliminary Determination 

Based on the analysis contained 

herein of the likely effects of the 

specified activity on marine mammals 

and their habitat and dependent upon 

the implementation of the proposed 

mitigation measures, NMFS 

preliminarily finds that the total taking 

from Navy mine neutralization training 

events using TDFDs in the HRC would 

have a negligible impact on the affected 

marine mammal species or stocks. 

NMFS has proposed issuance of an LOA 

to allow takes of marine mammals 

incidental to the Navy’s mine 

neutralization training events using 

TDFDs, provided that the proposed 

mitigation measures are implemented. 

Dated: November 9, 2011. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2011–29764 Filed 11–16–11; 8:45 am] 

BILLING CODE 3510–22–P 

BUREAU OF CONSUMER FINANCIAL 

PROTECTION 

[Docket No. CFPB–2011–0036] 

Privacy Act of 1974, as Amended 

AGENCY: Bureau of Consumer Financial 

Protection. 

ACTION: Notice of Proposed Privacy Act 

System of Records. 

SUMMARY: In accordance with the 

Privacy Act of 1974, as amended, the 

Bureau of Consumer Financial 

Protection, hereinto referred to as the 

Consumer Financial Protection Bureau 

(‘‘CFPB’’) or the ‘‘Bureau’’ gives notice 

of the establishment of a Privacy Act 

System of Records. 

DATES: Comments must be received no 

later than December 19, 2011. The new 

system of records will be effective 

December 27, 2011 unless the comments 

received result in a contrary 

determination. 

ADDRESSES: You may submit comments, 

identified by Docket No. CFPB–2011– 

0036, by any of the following methods: 

• Electronic: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Claire Stapleton, Chief 

Privacy Officer, Consumer Financial 

Protection Bureau, 1700 G Street NW., 

Washington, DC 20006. 

• Hand Delivery/Courier in Lieu of 

Mail: Claire Stapleton, Chief Privacy 

Officer, Consumer Financial Protection 

Bureau, 1700 G Street NW., Washington, 

DC 20006. 

All submissions must include the 

agency name and docket number for this 

notice. In general all comments received 

will be posted without change to http: 

//www.regulations.gov. In addition, 

comments will be available for public 

inspection and copying at 1700 G Street 

NW., Washington, DC 20006 on official 

business days between the hours of 10 

a.m. and 5 p.m. Eastern Time. You can 

make an appointment to inspect 

comments by telephoning (202) 435– 

7220. All comments, including 

attachments and other supporting 

materials, will become part of the public 

record and subject to public disclosure. 

You should submit only information 

that you wish to make available 

publicly. 

FOR FURTHER INFORMATION CONTACT: 

Claire Stapleton, Chief Privacy Officer, 

Consumer Financial Protection Bureau, 

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

(202) 435–7220. 

SUPPLEMENTARY INFORMATION: The DoddFrank Wall Street Reform and Consumer 

Protection Act (‘‘Act’’), Public Law No. 

111–203, Title X, established the CFPB 

to administer and enforce the federal 

consumer financial protection laws. The 

CFPB will maintain the records covered 

by this notice. 

The new system of records described 

in this notice, CFPB.009—Employee 

Administrative Records System will be 

used to administer the benefits, 

retirement, human resources, and 

payroll programs for current and former 

CFPB employees and their named 

dependents and/or beneficiaries, as well 

as to assist in personnel management. A 

description of the new system of records 

follows this Notice. 

The report of a new system of records 

has been submitted to the Committee on 

Oversight and Government Reform of 

the House of Representatives, the 

Committee on Homeland Security and 

Governmental Affairs of the Senate, and 

the Office of Management and Budget, 

pursuant to Appendix I to OMB Circular 

A–130, ‘‘Federal Agency 

Responsibilities for Maintaining 

Records About Individuals,’’ dated 

November 30, 2000, and the Privacy 

Act, 5 U.S.C. 552a(r). 

The system of records entitled, 

‘‘CFPB.009—CFPB Employee 

Administrative Records System’’ is 

published in its entirety below. 


jlentini on DSK4TPTVN1PROD with NOTICES
71328 Federal Register / Vol. 76, No. 222 / Thursday, November 17, 2011 / Notices 

1Section 1066 of the Act grants the Secretary of 

the Treasury interim authority to perform certain 

functions of the CFPB. Pursuant to that authority, 

Treasury published rules on the Disclosure of 

Records and Information within 12 CFR Chapter X. 

This SORN is published pursuant to those rules and 

the Privacy Act. 

November 10, 2011. 

Claire Stapleton, 

Chief Privacy Officer. 

CFPB.009 

SYSTEM NAME: 

Employee Administrative Records 

System 

SYSTEM LOCATION: 

Consumer Financial Protection 

Bureau, 1700 G St. NW., Washington, 

DC 20006 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Current and former CFPB employees 

and their named dependents and/or 

beneficiaries, and individuals who have 

been extended offers of employment. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Records in the system may contain 

data relating to individuals who have 

been extended offers of employment, 

current and former CFPB employees and 

their named dependents and/or 

beneficiaries, including but not limited 

to the following: (1) Identification and 

contact information; (2) demographic 

data; (3) payroll data; (4) employment 

related programs such as performance 

reports, training, and other information 

relative to employment by the CFPB; (5) 

benefits data, such as health, life, travel 

and disability insurance information; 

and (6) retirement benefits information. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Pub. L. No. 111–203, Title X, Sections 

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

§§ 5492, 5511.1

PURPOSE(S): 

The information in the system is 

being collected to enable the CFPB to 

administer payroll, benefits, and other 

employment-related programs including 

retirement calculations and pay for 

current and former CFPB employees and 

their named dependents and/or 

beneficiaries. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

These records may be disclosed, 

consistent with the CFPB’s rules relating 

to Disclosure of Records and 

Information. Rules are promulgated at 

12 CFR 1070 et seq to: 

(1) Appropriate agencies, entities, and 

persons when: (a) The CFPB suspects or 

has confirmed that the security or 

confidentiality of information in the 

system of records has been 

compromised; (b) the CFPB has 

determined that, as a result of the 

suspected or confirmed compromise, 

there is a risk of harm to economic or 

property interests, identity theft or 

fraud, or harm to the security or 

integrity of this system or other systems 

or programs (whether maintained by the 

CFPB or another agency or entity) that 

rely upon the compromised 

information; and (c) the disclosure made 

to such agencies, entities, and persons is 

reasonably necessary to assist in 

connection with the CFPB’s efforts to 

respond to the suspected or confirmed 

compromise and prevent, minimize, or 

remedy 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 an 

individual or the accuracy of 

information submitted by an individual 

who has requested access to, or 

amendment or correction of record; 

(3) Congressional offices in response 

to an inquiry made at the request of the 

individual to whom the record pertains; 

(4) Contractors, agents, or other 

authorized individuals performing work 

on a contract, service, cooperative 

agreement, job, or other activity on 

behalf of the CFPB or Federal 

Government and who have a need to 

access the information in the 

performance of their duties or activities; 

(5) The U.S. Department of Justice 

(‘‘DOJ’’) for its use in providing legal 

advice to the CFPB or in representing 

the CFPB in a proceeding before a court, 

adjudicative body, or other 

administrative body, where the use of 

such information by the DOJ is deemed 

by the CFPB to be relevant and 

necessary to the advice or proceeding, 

and in the case of a proceeding, such 

proceeding 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 DOJ 

has agreed to represent the employee; or 

(d) The United States, where the 

CFPB determines that litigation is likely 

to affect the CFPB or any of its 

components; 

(6) A grand jury pursuant either to a 

federal or state grand jury subpoena, or 

to a prosecution request that such 

record be released for the purpose of its 

introduction to a grand jury, where the 

subpoena or request has been 

specifically approved by a court. In 

those cases where the Federal 

Government is not a party to the 

proceeding, records may be disclosed if 

a subpoena has been signed by a judge; 

(7) A court, magistrate, or 

administrative tribunal in the course of 

an administrative proceeding or judicial 

proceeding, including disclosures to 

opposing counsel or witnesses 

(including expert witnesses) in the 

course of discovery or other pre-hearing 

exchanges of information, litigation, or 

settlement negotiations, where relevant 

or potentially relevant to a proceeding, 

or in connection with criminal law 

proceedings; 

(8) Appropriate agencies, entities, and 

persons to the extent necessary to obtain 

information relevant to current and 

former CFPB employees’ benefits, 

compensation, and employment; 

(9) Appropriate federal, state, local, 

foreign, tribal, or self-regulatory 

organization or agency responsible for 

investigating, prosecuting, enforcing, 

implementing, issuing, or carrying out a 

statute, rule, regulation, order, policy, or 

license if the information may be 

relevant to a potential violation of civil 

or criminal law, rule, regulation, order, 

policy or license; 

(10) National, state or local income 

security and retirement agencies or 

entities involved in administration of 

employee retirement and benefits 

programs (e.g., state unemployment 

compensation agencies and state 

pension plans) and any of such 

agencies’ contractors or plan 

administrators, when necessary to 

determine employee eligibility to 

participate in retirement or employee 

benefits programs, process employee 

participation in those programs, process 

claims with respect to individual 

employee participation in those 

programs, audit benefits paid under 

those programs, or perform any other 

administrative function in connection 

with those programs; 

(11) An executor of the estate of a 

current or former employee, a 

government entity probating the will of 

a current or former employee, a 

designated beneficiary of a current or 

former employee, or any person who is 

responsible for the care of a current or 

former employee, where the employee 

has died, has been declared mentally 

incompetent, or is under other legal 

disability, to the extent necessary to 

assist in obtaining any employment 

benefit or working condition for the 

current or former employee; 

(12) The Internal Revenue Service and 

other governmental entities that are 

authorized to tax employees’ 

compensation with wage and tax 

information in accordance with a 

withholding agreement with the CFPB 


jlentini on DSK4TPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 222 / Thursday, November 17, 2011 / Notices 71329 

pursuant to 5 U.S.C. 5516, 5517, and 

5520, for the purpose of furnishing 

employees with IRS Forms W–2 that 

report such tax distributions; 

(13) Unions recognized as exclusive 

bargaining representatives under the 

Civil Service Reform Act of 1978, 

5 U.S.C. 7111, 7114; and 

(14) Carriers, providers and other 

federal agencies involved in 

administration of employee retirement 

and benefits programs and such 

agencies’ contractors or plan 

administrators, when necessary to 

determine employee eligibility to 

participate in retirement and benefits 

programs, process employee 

participation in those programs, process 

claims with respect to individual 

employee participation in those 

programs, audit benefits paid under 

those programs, or perform any other 

administrative function in connection 

with those programs and federal 

agencies that perform payroll and 

personnel processing and employee 

retirement and benefits plan services 

under interagency agreements or 

contracts, including the issuance of 

paychecks to employees, the 

distribution of wages, the 

administration of deductions from 

paychecks for retirement and benefits 

programs, and the distribution and 

receipt of those deductions. These 

agencies include, without limitation, the 

Department of Labor, the Department of 

Veterans Affairs, the Social Security 

Administration, the Federal Retirement 

Thrift Investment Board, the 

Department of Defense, the Office of 

Personnel Management, the Board of 

Governors of the Federal Reserve 

System, the Department of the Treasury, 

and the National Finance Center at the 

U.S. Department of Agriculture. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPENSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Paper and electronic records. 

RETRIEVABILITY: 

Records are retrievable by a variety of 

fields including, without limitation, the 

individual’s name, social security 

number, address, account number, 

transaction number, phone number, 

date of birth, or by some combination 

thereof. 

SAFEGUARDS: 

Access to electronic records is 

restricted to authorized personnel who 

have been issued non-transferrable 

access codes and passwords. Other 

records are maintained in locked file 

cabinets or rooms with access limited to 

those personnel whose official duties 

require access. 

SYSTEM MANAGER(S) AND ADDRESS: 

Consumer Financial Protection 

Bureau, Chief Technology Officer, 1700 

G St. NW., Washington, DC 20006. 

RETENTION AND DISPOSAL: 

The CFPB will maintain electronic 

and paper records under the National 

Archives and Records Administration 

(NARA) schedules General Records 

Schedule (GRS) GRS 01 and GRS 02. 

NOTIFICATION PROCEDURE: 

Individuals seeking notification and 

access to any record contained in this 

system of records, or seeking to contest 

its content, may inquire in writing in 

accordance with instructions appearing 

in 12 CFR 1070.50 et seq. Address such 

requests 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 obtained 

from individuals and entities associated 

with benefits, retirement, human 

resource, and payroll systems 

administration. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

[FR Doc. 2011–29689 Filed 11–16–11; 8:45 am] 

BILLING CODE 4810–AM–P 

BUREAU OF CONSUMER FINANCIAL 

PROTECTION 

[Docket No. CFPB–2011–0037] 

Request for Information Regarding 

Private Education Loans and Private 

Educational Lenders 

AGENCY: Bureau of Consumer Financial 

Protection. 

ACTION: Notice and request for 

information. 

SUMMARY: Section 1077 of the DoddFrank Wall Street Reform and Consumer 

Protection Act of 2010 (‘‘Dodd-Frank’’) 

requires the Bureau of Consumer 

Financial Protection (‘‘Bureau’’ or 

‘‘CFPB’’) and the Department of 

Education, in consultation with the 

Department of Justice and the Federal 

Trade Commission, to prepare a Report 

on Private Education Loans and Private 

Education Lenders. The Bureau seeks 

information on private education loans 

and related consumer financial products 

and services that are currently being 

offered to or used by students and their 

families for the financing of 

postsecondary education. 

DATES: Comment Due Date: January 17, 

2012. 

ADDRESSES: You may submit comments, 

identified by Docket No. CFPB–2011– 

0037, by any of the following methods: 

• http://www.regulations.gov. Follow 

the instructions for submitting 

comments. 

• Email: 

CFPB_StudentsFedReg@cfpb.gov. 

• Mail: Monica Jackson, Office of the 

Executive Secretary, Consumer 

Financial Protection Bureau, 1500 

Pennsylvania Ave. NW., (Attn: 1801 L 

Street), Washington, DC 20220. 

• Hand Delivery/Courier in Lieu of 

Mail: Monica Jackson, Office of the 

Executive Secretary, Consumer 

Financial Protection Bureau, 1700 G 

Street NW., Washington, DC 20006. 

Instructions: The CFPB encourages 

the early submission of comments. All 

submissions must include the document 

title and docket number. Please note the 

number of the question to which you are 

responding at the top of each response 

(respondents need not answer each 

question). In general, all comments 

received will be posted without change 

to http://www.regulations.gov. In 

addition, comments will be available for 

public inspection and copying at 1700 

G Street NW., Washington, DC 20006, 

on official business days between the 

hours of 10 a.m. and 5 p.m. Eastern 

Time. You can make an appointment to 

inspect the documents by telephoning 

(202) 435–7275. All comments, 

including attachments and other 

supporting materials, will become part 

of the public record and subject to 

public disclosure. Sensitive personal 

information such as account numbers or 

Social Security numbers should not be 

included. Comments will not be edited 

to remove any identifying or contact 

information. 

FOR FURTHER INFORMATION CONTACT: For 

general inquiries, submission process 

questions or any additional information, 

please call Monica Jackson at (202) 435– 

7275. 

SUPPLEMENTARY INFORMATION: In support 

of the study required under section 1077 

of Dodd-Frank, the Bureau seeks 

information on private education loans 

and related consumer financial products 

and services that are currently being 

offered to or used by students and their 

families for the financing of 

postsecondary education. As used in 

Section 1077 of Dodd-Frank, ‘‘private 

education loans’’ refers to loans made 


jlentini on DSK4TPTVN1PROD with NOTICES