60382 Federal Register / Vol. 77, No. 192 / Wednesday, October 3, 2012 / Notices 

1Although pursuant to Section 1017(a)(4)(E), of 

the Consumer Financial Protection Act, Public Law 

111–203, the CFPB is not required to comply with 

OMB-issued guidance, it voluntarily follows OMB 

privacy-related guidance as a best practice and to 

facilitate cooperation and collaboration with other 

agencies. 

Wildlife Service (FWS) to promote the 

conservation of migratory birds. 

DATES: This MOU went into effect on 

July 17, 2012, the date it was signed. 

FOR FURTHER INFORMATION CONTACT: Kim 

Rivera, (907) 586–7424, email 

Kim.Rivera@noaa.gov. 

SUPPLEMENTARY INFORMATION: On 

January 10, 2001, President Clinton 

signed Eexecutive Order (EO) 13186, 

‘‘Responsibilities of Federal Agencies to 

Protect Migratory Birds’’. One of the 

requirements of E.O. 13186 is that each 

Federal agency taking actions that have, 

or are likely to have, a measurable 

negative effect on migratory bird 

populations is directed to develop and 

implement a MOU with the FWS that 

shall promote the conservation of 

migratory bird populations (E.O. 13186 

Section 3(a)). On July 17, 2012, NMFS 

and FWS finalized this MOU to 

conserve migratory bird populations as 

prescribed by E.O. 13186. This MOU 

went into effect on the date it was 

signed. 

This NMFS–FWS MOU encompasses 

all relevant seabird-related NMFS 

activities and identifies specific areas of 

collaboration and cooperation with 

FWS, including seabird bycatch 

reduction, information sharing and 

coordination, international policy and 

diplomacy, and habitat conservation. 

The MOU also provides for 

strengthening migratory bird 

conservation by identifying strategies 

that promote conservation and reduce 

adverse impacts on migratory birds 

through enhanced collaboration 

between NMFS and the FWS. In 

addition, This MOU identifies specific 

activities where cooperation between 

NMFS and the FWS, will contribute to 

the conservation of migratory birds and 

their habitat. These activities are 

intended to complement and support 

existing efforts and to facilitate new 

collaborative conservation efforts for 

migratory birds. 

The complete text of the MOU is 

available at http://www.fakr.noaa.gov/ 

protectedresources/seabirds/mou/ 

eo13186_nmfs_fws_mou2012.pdf. 

Section 3(g) of the E.O. 13186 states that 

‘‘Each agency shall advise the public of 

the availability of its MOU through a 

notice published in the Federal 

Register.’’ This notice fulfills the 

requirements of Section 3(g) of E.O. 

13186. The E.O. is posted at http:// 

www.fakr.noaa.gov/protectedresources/ 

seabirds/protectmigratory.pdf. 

Dated: September 27, 2012. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, Performing the 

functions and duties of the Assistant 

Administrator for Fisheries, National Marine 

Fisheries Service. 

[FR Doc. 2012–24433 Filed 10–2–12; 8:45 am] 

BILLING CODE 3510–22–P 

BUREAU OF CONSUMER FINANCIAL 

PROTECTION 

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 November 2, 2012. The new 

system of records will be effective 

November 13, 2012, unless the 

comments received result in a contrary 

determination. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Electronic: privacy@cfpb.gov. 

• Mail/Hand Delivery/Courier: Claire 

Stapleton, Chief Privacy Officer, 

Consumer Financial Protection Bureau, 

1700 G Street NW., Washington, DC 

20552. 

Comments will be available for public 

inspection and copying at 1700 G Street 

NW., Washington, DC 20552 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 Street NW., Washington, DC 

20552, (202) 435–7220. 

SUPPLEMENTARY INFORMATION: The DoddFrank Wall Street Reform and Consumer 

Protection Act (‘‘Act’’), Public Law 111– 

203, Title X, established the CFPB to 

administer and enforce federal 

consumer financial law. The new 

system of records described in this 

notice ‘‘CFPB.021—CFPB Consumer 

Education and Engagement Records’’ 

will maintain records related to carrying 

out the functions of the CFPB’s Division 

of Consumer Education and Engagement 

(‘‘CEE’’), including research relevant to 

improving consumer financial decisionmaking and well-being. Although this 

SORN describes the information to be 

collected across many CFPB projects 

coordinated by CEE, for each project the 

CFPB will collect only the information 

needed to accomplish the specific 

purpose of that project. The CFPB will 

maintain control over the records 

covered by this notice. 

The report of the 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, 

2000,1 and the Privacy Act, 5 U.S.C. 

552a(r). 

The system of records entitled 

‘‘CFPB.021—CFPB Consumer Education 

and Engagement Records’’ is published 

in its entirety below. 

Dated: September 27, 2012. 

Claire Stapleton, 

Chief Privacy Officer, Bureau of Consumer 

Financial Protection. 

CFPB.021 

SYSTEM NAME: 

CFPB Consumer Education and 

Engagement Records 

SYSTEM LOCATION: 

Consumer Financial Protection 

Bureau, 1700 G Street NW., Washington, 

DC 20552. 

CATEGORIES OF INDIVIDUALS IN THE SYSTEM: 

Individuals covered by this system are 

those who: participate in CFPBsponsored or CFPB-funded financial 

education or financial capability 

programs, including financial education 

campaigns; utilize financial education 

web-tools or other financial education 

resources; or participate in surveys or 

other research conducted by the CFPB 

or by a third party, or by a third party 

on behalf of the CFPB. 


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Federal Register / Vol. 77, No. 192 / Wednesday, October 3, 2012 / Notices 60383 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Records in the system regarding the 

individuals described above may 

include: (1) Contact information (name, 

phone numbers, email address); (2) 

unique identifiers provided to 

government employees (3) information 

related to the participant’s financial 

status including bank account 

information and records of consumer 

financial transactions; (4) information 

on consumer characteristics collected in 

connection with financial education 

programs or the consumer’s business 

relationship with a third party; (5) bank 

account information (for payment to 

survey participants); (6) other 

information collected from or about 

consumers in response to surveys or 

other research methods; and (7) 

information relating to the effectiveness 

of financial education programs or 

resources or access to financial products 

or services. 

AUTHORITY FOR MAINENTANCE OF THE SYSTEM: 

Public Law 111–203, Title X, Sections 

1013 and 1022, codified at 12 U.S.C. 

5493 and 5512. 

PURPOSE(S): 

The Act established functions within 

the CFPB (1) To develop and implement 

initiatives to educate and empower 

consumers to make better informed 

financial decisions; (2) to develop and 

implement a strategy to improve the 

financial literacy of consumers, 

including access to financial 

information, products and services; and 

(3) to do research regarding, among 

other things, (a) consumer awareness 

and understanding of costs, risks, and 

benefits of consumer financial products 

or services, (b) consumer behavior with 

respect to consumer financial products 

and services, (c) experiences of 

traditionally underserved consumers, 

including un-banked and under-banked 

consumers, and (d) best practices and 

effective methods, tools, technology and 

strategies to educate and counsel seniors 

about personal finance management. 

Consistent with these functions, the 

purpose of the system is to enable the 

CFPB to identify and conduct effective 

financial education programs and also 

to collect, research, and publish certain 

information (other than personallyidentifiable information) relevant to 

improving consumer financial decisionmaking skills and outcomes. 

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 Disclosure of 

Records and Information Rules, 

promulgated at 12 CFR part 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 records; 

(3) The Office of the President in 

response to an inquiry from that office 

made at the request of the subject of a 

record or a third party on that person’s 

behalf; 

(4) Congressional offices in response 

to an inquiry made at the request of the 

individual to whom the record pertains; 

(5) 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; 

(6) 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 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; 

(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) 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; 

(9) Appropriate federal, state, local, 

foreign, tribal, or self-regulatory 

organizations or agencies 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; and 

(10) Appropriate federal, state, local, 

foreign, tribal or self-regulatory 

organizations or agencies or private 

entities that partner with the CFPB for 

research purposes. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, AND DISPOSING OF

RECORDS IN THE SYSTEM: 

STORAGE: 

Paper and electronic records. 

RETRIEVABILITY: 

Records are retrievable by unique 

identifiers assigned to the records for 

purposes of longitudinal updating or for 

connecting data points across data 

sources, or by a variety of fields 

including, without limitation, the 

individual’s name and contact 

information, identifying file number, or 

other information collected in response 

to surveys or other research. 

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. 


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60384 Federal Register / Vol. 77, No. 192 / Wednesday, October 3, 2012 / Notices 

RETENTION AND DISPOSAL: 

The CFPB will maintain electronic 

and paper records indefinitely until the 

National Archives and Records 

Administration (NARA) approves the 

CFPB’s records disposition schedule. 

SYSTEM MANAGER(S) AND ADDRESS: 

Consumer Financial Protection 

Bureau, Associate Director, Consumer 

Education and Engagement, 1700 G 

Street NW., Washington, DC 20552. 

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 Title 12, Chapter 10 of the CFR, 

‘‘Disclosure of Records and 

Information.’’ Address such requests to: 

Chief Privacy Officer, Bureau of 

Consumer Financial Protection, 1700 G 

Street NW., Washington, DC 20552. 

RECORD ACCESS PROCEDURES: 

See ‘‘Notification Procedures’’ above. 

CONTESTING RECORD PROCEDURES: 

See ‘‘Notification Procedures’’ above. 

RECORD SOURCE CATEGORIES: 

Information in this system is obtained 

directly from the individual who is the 

subject of these records, and/or from 

third parties, including depository or 

non-depository institutions, credit 

reporting agencies, counseling agencies 

or other businesses or organizations or 

governmental entities involved in the 

markets for consumer financial products 

or services or that provide financial 

education services. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

[FR Doc. 2012–24311 Filed 10–2–12; 8:45 am] 

BILLING CODE 4810–AM–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Transmittal Nos. 12–54] 

36(b)(1) Arms Sales Notification 

AGENCY: Defense Security Cooperation 

Agency, DoD. 

ACTION: Notice. 

SUMMARY: The Department of Defense is 

publishing the unclassified text of a 

section 36(b)(1) arms sales notification. 

This is published to fulfill the 

requirements of section 155 of Public 

Law 104–164 dated 21 July 1996. 

FOR FURTHER INFORMATION CONTACT: Ms. 

B. English, DSCA/DBO/CFM, (703) 601– 

3740. 

SUPPLEMENTARY INFORMATION: The 

following is a copy of a letter to the 

Speaker of the House of Representatives, 

Transmittals 12–54 with attached 

transmittal and policy justification. 

Dated: September 26, 2012. 

Morgan F. Park, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

BILLING CODE 5001–06–P 


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