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

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.


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

1 Section 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


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

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