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Federal Register / Vol. 73, No. 1 / Wednesday, January 2, 2008 / Notices 177 

your full name, address, and telephone 

number. Your request must meet the 

requirements of regulations in 34 CFR 

5b.5, including proof of identity. 

CONTESTING RECORD PROCEDURE: 

If you wish to contest the content of 

a record regarding you in the system of 

records, contact the system manager. 

Your request must meet the 

requirements of the regulations in 34 

CFR 5b.7, including proof of identity. 

RECORD SOURCE CATEGORIES: 

Information maintained in this system 

of records is obtained from institutions 

of higher education and data managers, 

and the National Direct Student Loan 

Data System. 

EXEMPTIONS CLAIMED FOR THIS SYSTEM: 

None. 

[FR Doc. E7–25510 Filed 12–31–07; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Privacy Act of 1974; System of 

Records—Financial Management 

System (FMS) 

AGENCY: Federal Student Aid, 

Department of Education. 


ACTION: Notice of a New System of 


Records. 


SUMMARY: In accordance with the 

Privacy Act of 1974, as amended 

(Privacy Act), (5 U.S.C. 552a), the 

Department of Education (Department) 

publishes this notice of a new system of 

records entitled the ‘‘Financial 

Management System (FMS)’’ (18–11– 

17). 

FMS interfaces with other Federal 

Student Aid systems and consolidates 

and centralizes all Federal Student Aid 

accounting and financial data into one 

system. FMS is a conduit (pass-through 

system) containing personally 

identifiable information that is obtained 

from other Federal Student Aid systems. 

FMS has been in operation since 

October 2001. However, because FMS 

maintains Privacy Act records and 

discloses these records to the United 

States Department of the Treasury and 

to loan holders, a management decision 

was made to treat FMS as an official 

system of records under the Privacy Act. 

DATES: The Department seeks comment 

on the new system of records described 

in this notice, in accordance with the 

requirements of the Privacy Act. We 

must receive your comments on or 

before February 1, 2008. 

The Department filed a report 

describing the new system of records 

covered by this notice with the Chair of 

the Senate Committee on Homeland 

Security and Governmental Affairs, the 

Chair of the House Committee on 

Oversight and Government Reform, and 

the Administrator of the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget 

(OMB) on December 27, 2007. This new 

system of records will become effective 

at the later date of—(1) The expiration 

of the 40-day period for OMB review on 

February 5, 2008, or (2) February 1, 

2008 unless the system of records needs 

to be changed as a result of public 

comment or OMB review. 

ADDRESSES: Address all comments about 

this new system of records to John Hurt, 

Director, Financial Management Group, 

Office of the Chief Financial Officer 

(OCFO), Federal Student Aid, U.S. 

Department of Education, 830 First 

Street, NE., Union Center Plaza (UCP), 

room 54C3, Washington, DC, 20202– 

5345. If you prefer to send your 

comments through the Internet, use the 

following address: comments@ed.gov. 

You must include the term ‘‘Financial 

Management System of Records’’ in the 

subject line of your electronic comment. 

During and after the comment period, 

you may inspect all public comments 

about this notice at the U.S. Department 

of Education in room 54C3, UCP, 5th 

Floor, 830 First Street, NE., Washington, 

DC, between the hours of 8 a.m. and 

4:30 p.m., eastern time, Monday through 

Friday of each week, except Federal 

holidays. 

Assistance to Individuals With 

Disabilities in Reviewing the 

Rulemaking Record 

On request, we will supply an 

appropriate aid, such as a reader or 

print magnifier, to an individual with a 

disability who needs assistance to 

review the comments or other 

documents in the public rulemaking 

record for this notice. 

If you want to schedule an 

appointment for this type of aid, please 

contact the person listed under FOR 

FURTHER INFORMATION CONTACT. 

FOR FURTHER INFORMATION CONTACT: John 

Hurt. Telephone number: 202–377– 

3453. If you use a telecommunications 

device for the deaf (TDD), you may call 

the Federal Relay Service (FRS) at 1– 

800–877–8339. 

Individuals with disabilities may 

obtain this document in an alternative 

format (e.g., Braille, large print, 

audiotape, or computer diskette) on 

request to the contact person listed in 

this section. 

SUPPLEMENTARY INFORMATION: 

Introduction 

The Privacy Act (5 U.S.C. 552a(e)(4)) 

requires the Department to publish in 

the Federal Register this notice of a new 

system of records. The Department’s 

regulations implementing the Privacy 

Act are contained in the Code of Federal 

Regulations (CFR) in 34 CFR part 5b. 

The Privacy Act applies to a record 

about an individual that is maintained 

in a system of records from which 

information is retrieved by a unique 

identifier associated with each 

individual, such as a name or social 

security number. The information about 

each individual is called a ‘‘record,’’ 

and the system, whether manual or 

computer-based, is called a ‘‘system of 

records.’’ The Privacy Act requires each 

agency to publish a system of records 

notice in the Federal Register and to 

submit, whenever the agency publishes 

a new system of records or makes a 

significant change to an established 

system of records, a report to the 

Administrator of the Office of 

Information and Regulatory Affairs, 

OMB. Each agency is also required to 

send copies of the report to the Chair of 

the Committee on Oversight and 

Government Reform of the House of 

Representatives, and to the Chair of the 

Committee on Homeland Security and 

Governmental Affairs of the Senate. 

Electronic Access to This Document 

You can view this document, as well 

as all other documents of this 

Department published in the Federal 

Register, in text or Adobe Portable 

Document Format (PDF) on the Internet, 

at the following site: http://www.ed.gov/ 

news/fedregister. 

To use PDF you must have Adobe 

Acrobat Reader, which is available free 

at this site. If you have questions about 

using PDF, call the U.S. Government 

Printing Office (GPO), toll free, at 1– 

888–293–6498; or in the Washington, 

DC, area at 202–512–1530. 

Note: The official version of this document 

is the document published in the Federal 

Register. Free Internet access to the official 

edition of the Federal Register and the Code 

of Federal Regulations is available on GPO 

Access at: http://www.gpoaccess.gov/nara/ 

index.html. 

Dated: December 27, 2007. 

Lawrence A. Warder, 

Acting Chief Operating Officer, Federal 

Student Aid. 

For the reasons discussed in the 

preamble, the Acting Chief Operating 

Officer, Federal Student Aid, U.S. 

Department of Education (Department) 

publishes a notice of a new system of 

records to read as follows: 

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178 Federal Register / Vol. 73, No. 1 / Wednesday, January 2, 2008 / Notices 

18–11–17 

SYSTEM NAME: 

Financial Management System (FMS). 

SECURITY CLASSIFICATION: 

None. 

SYSTEM LOCATION(S): 

(1) Financial Management Group, 

Office of the Chief Financial Officer 

(OCFO), Federal Student Aid, U.S. 

Department of Education, 830 First 

Street, NE., Union Center Plaza (UCP), 

room 54C3, Washington, DC 20202– 

5345. 

(2) Perot Systems Corporation, 2300 

W. Plano Parkway, Plano, TX 75075– 

8427. 

(3) ACS Education Services, Inc., 501 

Bleecker Street, Utica, NY 13501–2401. 

(4) ACS Education Solutions, LLC, 

12410 Milestone Center, Germantown, 

MD 20876–7101. 

CATEGORIES OF INDIVIDUALS COVERED BY THE 

SYSTEM: 

This system contains records on those 

individual borrowers who are eligible 

for refunds of loan overpayments 

received by the Department’s Office of 

Federal Student Aid under Title IV of 

the Higher Education Act of 1965, as 

amended. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

The FMS system contains personally 

identifiable information about 

individual borrowers who are entitled to 

a refund of an overpayment or 

discharge, or both. The system includes 

a borrower’s social security number, 

name and address, amount of 

overpayment to be refunded, and name 

of the loan holder. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Title IV of the Higher Education Act 

of 1965, as amended (HEA), (20 U.S.C. 

1070 et seq.). 

PURPOSE(S): 

Information in this system is 

maintained for the purpose of 

processing refunds to borrowers or loan 

holders (lenders and guaranty agencies) 

for overpayments and discharges of 

Title IV Federal student aid. When a 

loan overpayment or loan discharge 

occurs and FMS receives loan refund 

information, FMS sends refund 

transaction data (the borrower’s name 

and other identifiers) to the Department 

of Education’s Central Automated 

Processing System (EDCAPS) for posting 

to the general ledger and subsequent 

payment by the Department of the 

Treasury to the borrower or loan holder 

(lenders and guaranty agencies). 

ROUTINE USES OF RECORDS MAINTAINED IN THE 

SYSTEM, INCLUDING CATEGORIES OF USERS AND 

THE PURPOSE OF SUCH USES: 

The Department may disclose 

information contained in a record in 

this system of records without the 

consent of the individual if the 

disclosure is compatible with the 

purposes for which the record was 

collected. 

These disclosures may be made on a 

case-by-case basis, or, if the Department 

has complied with the computer 

matching requirements of the Computer 

Matching and Privacy Protection Act of 

1988, as amended, under a computer 

matching agreement. 

(1) Program Disclosure. In order to 

refund loan overpayments back to the 

borrower or loan holder and to answer 

questions that may arise about the 

refund payments, the Department may 

disclose information from this system to 

the Department of the Treasury via 

Treasury’s Electronic Certification 

System (eCS) or to the loan holder. 

(2) Contract Disclosure. If the 

Department contracts with an entity for 

the purposes of performing any function 

that requires disclosure of records in 

this system to employees of the 

contractor, the Department may disclose 

the records to those employees. Before 

entering into such a contract, the 

Department shall require the contractor 

to maintain Privacy Act safeguards as 

required under 5 U.S.C. 552a(m) with 

respect to the records in the system. 

(3) Research Disclosure. The 

Department may disclose records to a 

researcher if the Director, Financial 

Management Group, Office of Chief 

Financial Officer, Federal Student Aid, 

determines that the individual or 

organization to which the disclosure 

would be made is qualified to carry out 

specific research related to functions or 

purposes of this system of records. The 

Director may disclose records from this 

system of records to that researcher 

solely for the purpose of carrying out 

research related to the functions or 

purposes of this system of records. The 

researcher shall be required to maintain 

Privacy Act safeguards with respect to 

the disclosed records. 

(4) Disclosure for Use by Other Law 

Enforcement Agencies. The Department 

may disclose information to any 

Federal, State, local, or foreign agency 

or other public authority responsible for 

enforcing, investigating, or prosecuting 

violations of administrative, civil, or 

criminal law or regulation if that 

information is relevant to any 

enforcement, regulatory, investigative, 

or prosecutorial responsibility within 

the receiving entity’s jurisdiction. 

(5) Enforcement Disclosure. In the 

event that information in this system of 

records indicates, either on its face or in 

connection with other information, a 

violation or potential violation of any 

applicable statute, Executive order, 

regulation, or rule of a competent 

authority, the Department may disclose 

the relevant records to the appropriate 

agency, whether foreign, Federal, State, 

Tribal, or local, charged with the 

responsibility of investigating or 

prosecuting that violation or charged 

with enforcing or implementing the 

statute, order, regulation, or rule, issued 

pursuant thereto. 

(6) Litigation and Alternative Dispute 

Resolution (ADR) Disclosure. 

(a) Introduction. In the event that one 

of the following parties listed below is 

involved in litigation or ADR, or has an 

interest in litigation or ADR, the 

Department may disclose certain 

records to the parties described in 

paragraphs (b), (c), and (d) of this 

routine use under the conditions 

specified in those paragraphs: 

(i) The Department or any of its 

components. 

(ii) Any Department employee in his 

or her official capacity. 

(iii) Any Department employee in his 

or her individual capacity if the U.S. 

Department of Justice (DOJ) has been 

requested to or has agreed to provide or 

arrange for representation for the 

employee. 

(iv) Any Department employee in his 

or her individual capacity where the 

Department has agreed to represent the 

employee. 

(v) The United States where the 

Department determines that the 

litigation is likely to affect the 

Department or any of its components. 

(b) Disclosure to the DOJ. If the 

Department determines that disclosure 

of certain records to the DOJ is relevant 

and necessary to litigation or ADR, the 

Department may disclose those records 

as a routine use to the DOJ. 

(c) Adjudicative Disclosure. If the 

Department determines that it is 

relevant and necessary to the litigation 

or ADR to disclose certain records to an 

adjudicative body before which the 

Department is authorized to appear, to 

an individual, or to an entity designated 

by the Department or otherwise 

empowered to resolve or mediate 

disputes, the Department may disclose 

those records as a routine use to the 

adjudicative body, individual, or entity. 

(d) Disclosure to Parties, Counsel, 

Representatives, or Witnesses. If the 

Department determines that disclosure 

of certain records to a party, counsel, 

representative, or witness is relevant 

and necessary to litigation or ADR, the 

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Federal Register / Vol. 73, No. 1 / Wednesday, January 2, 2008 / Notices 179 

Department may disclose those records 

as a routine use to a party, counsel, 

representative, or witness. 

(7) Freedom of Information Act 

(FOIA) or Privacy Act Advice 

Disclosure. The Department may 

disclose records to the DOJ or the OMB 

if the Department concludes that 

disclosure is desirable or necessary in 

determining whether particular records 

are required to be disclosed under the 

FOIA or Privacy Act. 

(8) Disclosure to the DOJ. The 

Department may disclose records to the 

DOJ to the extent necessary to obtain 

DOJ advice on any matter relevant to an 

audit, inspection, or other inquiry 

related to the programs covered by this 

system. 

(9) Congressional Member Disclosure. 

The Department may disclose the 

records of an individual to a member of 

Congress or the member’s staff in 

response to an inquiry from the member 

made at the written request of that 

individual. The member’s right to the 

information is no greater than the right 

of the individual who requested the 

inquiry. 

(10) Disclosure in the Course of 

Responding to Breach of Data. The 

Department may disclose records from 

this system of records to appropriate 

agencies, entities, and persons when: (a) 

The Department suspects or has 

confirmed that the security or 

confidentiality of information in the 

FMS has been compromised; (b) the 

Department 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 the FMS or other systems or 

programs (whether maintained by the 

Department 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 Department’s 

efforts to respond to the suspected or 

confirmed compromise and prevent, 

minimize, or remedy such harm. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND 

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records are maintained in hardcopy, 

microfilm, magnetic storage and optical 

storage media, such as tape, disk, etc. 

RETRIEVABILITY: 

Records in this system are retrievable 

by social security number or name of 

borrower. 

SAFEGUARDS: 

This system of records limits data 

access to Department and contract staff 

on a need-to-know basis and controls 

individual users’ ability to access and 

alter records within the system. All 

users of this system of records are given 

a unique user identification and are 

required to establish a password that 

adheres to the Federal Student Aid 

Information Security and Privacy Policy 

requiring a complex password that must 

be changed every 60–90 days in 

accordance with Department 

information technology standards. 

Annually, all users of FMS must 

acknowledge the completion of FMSspecific security awareness training 

before they can obtain or renew their 

access to this system of records. An 

automated audit trail documents the 

identity of each person and device 

having access to FMS. 

RETENTION AND DISPOSAL: 

FMS’ records retention and disposal 

schedule is in compliance with the 

Department’s Records Retention and 

Disposition Schedule (RRDS) policy and 

the guidance specified in the National 

Archives and Records Administration 

(NARA) General Records Schedule 

(GRS) 7 entitled ‘‘Expenditure 

Accounting Records.’’ 

SYSTEM MANAGER(S) AND ADDRESS: 

(1) Financial Management System 

(FMS)—Director, Financial Management 

Group, OCFO, Federal Student Aid, U.S. 

Department of Education, 830 1st Street, 

NE., UCP, Washington, DC 20202–5345. 

(2) Direct Loan Servicing System 

(DLSS)—Director, Servicing Group, 

Borrower Services, Federal Student Aid, 

U.S. Department of Education, 830 1st 

Street, NE., UCP, Washington, DC 

20202–5345. 

(3) Direct Loan Consolidation System 

(DLCS)—Director, Consolidation Group, 

Borrower Services, Federal Student Aid, 

U.S. Department of Education, 830 1st 

Street, NE., UCP, Washington, DC 

20202–5345. 

NOTIFICATION PROCEDURE: 

If you wish to determine whether a 

record exists regarding you in the 

system of records, provide the system 

manager with your name, date of birth, 

and social security number. Your 

requests must meet the requirements of 

the regulations in 34 CFR 5b.5, 

including proof of identity. 

RECORD ACCESS PROCEDURE: 

If you wish to gain access to a record 

in this system of records, provide the 

system manager with your name, date of 

birth, and social security number. Your 

requests for access to a record must 

meet the requirements of the regulations 

in 34 CFR 5b.5, including proof of 

identity. 

CONTESTING RECORD PROCEDURE: 

If you wish to contest the content of 

a record regarding you in the system of 

records, contact the system manager. 

Your request to correct or amend a 

record must meet the requirements of 

the regulations in 34 CFR 5b.7, 

including proof of identity, specification 

of the particular record that you are 

seeking to have changed, and the 

written justification for making such a 

change. 

RECORD SOURCE CATEGORIES: 

Information in this system is obtained 

from other Department and contractormanaged systems, such as the Direct 

Loan Servicing, Direct Loan 

Consolidation System, Conditional 

Disability Discharge Tracking System, 

Campus Based Student Loan System, as 

well as manual and electronic processes 

internal to Federal Student Aid. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

[FR Doc. E7–25520 Filed 12–31–07; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

Energy Conservation Program for 

Consumer Products: Publication of the 

Petition for Waiver From Sanyo Fisher 

Company and Granting of the 

Application for Interim Waiver From 

the Department of Energy Residential 

and Commercial Central Air 

Conditioner and Heat Pump Test 

Procedures [Case No. CAC–017] 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of petition for waiver, 

granting of application for interim 

waiver, and request for comments. 

SUMMARY: This notice announces receipt 

of and publishes a Petition for Waiver 

from Sanyo Fisher Company, (Sanyo). 

The Petition for Waiver (hereafter 

‘‘Sanyo Petition’’) requests a waiver of 

the Department of Energy (DOE) test 

procedures applicable to residential and 

commercial central air conditioners and 

heat pumps. The waiver request is 

specific to the Sanyo Variable 

Refrigerant Flow (VRF) ECO-i multisplit heat pumps and heat recovery 

systems. Through this document, DOE