41190 Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Notices 

agencies to take this opportunity to 

comment on a continuing information 

collection, as required by the Paperwork 

Reduction Act of 1995. An agency may 

not conduct or sponsor, and a 

respondent is not required to respond 

to, an information collection unless it 

displays a currently valid OMB control 

number. The OCC is soliciting comment 

concerning its information collection 

titled, ‘‘Bank Activities and 

Operations.’’ The OCC also gives notice 

that it has sent the information 

collection to the Office of Management 

and Budget (OMB). 

DATES: You should submit written 

comments by September 14, 2009. 

ADDRESSES: Communications Division, 

Office of the Comptroller of the 

Currency, Mailstop 2–3, Attention: 

1557–0204, 250 E Street, SW., 

Washington, DC 20219. In addition, 

comments may be sent by fax to (202) 

874–5274, or by electronic mail to 

regs.comments@occ.treas.gov. You may 

personally inspect and photocopy 

comments at the OCC, 250 E Street, 

SW., Washington, DC. For security 

reasons, the OCC requires that visitors 

make an appointment to inspect 

comments. You may do so by calling 

(202) 874–4700. Upon arrival, visitors 

will be required to present valid 

government-issued photo identification 

and to submit to security screening in 

order to inspect and photocopy 

comments. 

Additionally, you should send a copy 

of your comments to OCC Desk Officer, 

1557–0204, by mail to U.S. Office of 

Management and Budget, 725 17th 

Street, NW., #10235, Washington, DC 

20503, or by fax to (202) 395–6974. 

FOR FURTHER INFORMATION CONTACT: You 

can request additional information or a 

copy of the collection from Mary H. 

Gottlieb, OCC Clearance Officer, (202) 

874–5090, Legislative and Regulatory 

Activities Division, Office of the 

Comptroller of the Currency, 250 E 

Street, SW., Washington, DC 20219. 

SUPPLEMENTARY INFORMATION: The OCC 

is proposing to extend OMB approval, 

without change, of the following 

information collection: 

Title: Bank Activities and 

Operations—12 CFR 7. 

OMB Control No.: 1557–0204. 

Description: This submission covers 

an existing regulation and involves no 

change to the regulation or to the 

information collection requirements. 

The OCC requests only that OMB extend 

its approval of the information 

collection. 

The information collection 

requirements ensure that national banks 

conduct their operations in a safe and 

sound manner and in accordance with 

applicable Federal banking statutes and 

regulations. The information is 

necessary for regulatory and 

examination purposes. 

The information collection 

requirements in part 7 are as follows: 

• 12 CFR 7.1000(d)(1) (National bank 

ownership of property—Lease financing 

of public facilities): National bank lease 

agreements must provide that the lessee 

will become the owner of the building 

or facility upon the expiration of the 

lease. 

• 12 CFR 7.1014 (Sale of money 

orders at non-banking outlets): A 

national bank may designate bonded 

agents to sell the bank’s money orders 

at non-banking outlets. The 

responsibility of both the bank and its 

agent should be defined in a written 

agreement setting forth the duties of 

both parties and providing for 

remuneration of the agent. 

• 12 CFR 7.2000(b) (Corporate 

governance procedures—Other sources 

of guidance): A national bank shall 

designate in its bylaws the body of law 

selected for its corporate governance 

procedures. 

• 12 CFR 7.2004 (Honorary directors 

or advisory boards): Any listing of a 

national bank’s honorary or advisory 

directors must distinguish between 

them and the bank’s board of directors 

or indicate their advisory status. 

• 12 CFR 7.2014(b) (Indemnification 

of institution-affiliated parties— 

Administrative proceeding or civil 

actions not initiated by a Federal 

banking agency): A national bank shall 

designate in its bylaws the body of law 

selected for making indemnification 

payments. 

• 12 CFR 7.2024(a) (Staggered terms 

for national bank directors): Any 

national bank may adopt bylaws that 

provide for staggering the terms of its 

directors. National banks shall provide 

the OCC with copies of any bylaws so 

amended. 

• 12 CFR 7.2024(c) (Size of bank 

board): A national bank seeking to 

increase the number of its directors 

must notify the OCC any time the 

proposed size would exceed 25 

directors. 

Type of Review: Extension of a 

currently approved collection. 

Affected Public: Businesses or other 

for-profit. 

Estimated Number of Respondents: 

1,300. 

Estimated Total Annual Responses: 

1,300. 

Estimated Total Annual Burden: 418 

hours. 

Frequency of Response: On occasion. 

The OCC issued a 60-day notice for 

comment on May 8, 2009. 74 FR 21739. 

No comments were received. Comments 

continue to be invited on: 

(a) Whether the collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information has practical utility; 

(b) The accuracy of the agency’s 

estimate of the burden of the collection 

of information; 

(c) Ways to enhance the quality, 

utility, and clarity of the information to 

be collected; 

(d) Ways to minimize the burden of 

the collection on respondents, including 

through the use of automated collection 

techniques or other forms of information 

technology; and 

(e) Estimates of capital or startup costs 

and costs of operation, maintenance, 

and purchase of services to provide 

information. 

Dated: August 10, 2009. 

Michele Meyer, 

Assistant Director, Legislative and Regulatory 

Activities Division. 

[FR Doc. E9–19477 Filed 8–13–09; 8:45 am] 

BILLING CODE 4810–33–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

Privacy Act of 1974; System of 

Records 

AGENCY: Department of Veterans Affairs 

(VA). 

ACTION: Notice of Amendment of 

Systems of Records Notice ‘‘Customer 

User Provisioning System (CUPS)–VA’’ 

(87VA005OP). 

SUMMARY: As required by the Privacy 

Act of 1974 (5 U.S.C. 552a(e)(4)), notice 

is hereby given that the Department of 

Veterans Affairs (VA), is amending the 

system of records entitled ‘‘Customer 

User Provisioning System (CUPS)–VA’’ 

(87VA005OP) as set forth in 69 FR 

18436. VA is amending the system of 

records by revising the system name, 

category of records, and the routine uses 

in the system. VA is re-publishing the 

system notice in its entirety. 

DATES: Comments on this amended 

system of records must be received no 

later than September 14, 2009. If no 

public comment is received during the 

period allowed for comment or unless 

otherwise published in the Federal 

Register by VA, the amended system 

will become effective September 14, 

2009. 

ADDRESSES: Written comments may be 

submitted through http:// 

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Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Notices 41191 

www.Regulations.gov; by mail or handdelivery to the Director, Regulations 

Management (02REG), Department of 

Veterans Affairs, 810 Vermont Ave., 

NW., Room 1068, Washington, DC 

20420; or by fax to (202) 273–9026. 

Copies of comments received will be 

available for public inspection in the 

Office of Regulation Policy and 

Management, Room 1063B, between the 

hours of 8 a.m. and 4:30 p.m. Monday 

through Friday (except holidays). Please 

call (202) 461–4902 (this is not a toll 

free number) for an appointment. In 

addition, during the comment period, 

comments may be viewed online 

through the Federal Docket Management 

System (FDMS). 

FOR FURTHER INFORMATION CONTACT: 

Alvin J. Donnell, Chief, Systems 

Security Division, Corporate Data Center 

Operations (CDCO), Department of 

Veterans Affairs, 1615 Woodward 

Street, Austin, Texas 78772, telephone 

(512) 326–6006. 

SUPPLEMENTARY INFORMATION: 

Background: CDCO is the largest data 

center in the Department of Veterans 

Affairs. In order to record and track 

system access to the computers operated 

and maintained by this organization, 

CDCO must maintain a current list of all 

VA employees, employees of other 

government agencies, and authorized 

contractor personnel who require access 

to this computer resources, in 

accordance with Federal computer 

security requirements. 

In this system of record, the name is 

amended to reflect the name of the new 

system. The new system name is 

Customer User Provisioning System 

(CUPS). CUPS replaces the Automated 

Customer Registration System (ACRS) 

effective January 5, 2009. 

The Category of Records in the 

System is amended to reflect the records 

in this system, in both paper and 

electronic form, will not include the 

social security numbers of personnel 

who have requested and gained access 

to the automated resources at CDCO. In 

addition to deleting the Social Security 

number, the individual’s log-on ID for 

their local area network will be 

included in the record, which is used as 

the unique identifier in lieu of the 

Social Security number. The records 

will include the name, business address 

and telephone number, job title and 

information relating to data file and 

computer system access permissions 

granted to that individual. 

Routine Uses numbers 8–14 have 

been added per the requirement of the 

Department and for further clarification 

of disclosures that VA may make to 

individuals, agencies and third party 

entities. 

The Report of Intent to Amend a 

System of Records notice and an 

advance copy of the system notice have 

been sent to the appropriate 

Congressional committees and to the 

Director of Office of Management and 

Budget (OMB) as required by 5 U.S.C. 

552a(r) (Privacy Act) and guidelines 

issued by OMB (65 FR 77677), 

December 12, 2000. 

Dated: July 28, 2009. 

Approved: 

John R. Gingrich, 

Chief of Staff, Department of Veterans Affairs. 

SYSTEM NUMBER: 

87VA005OP 

SYSTEM NAME: 

Customer User Provisioning System— 

VA. 

SYSTEM LOCATION: 

The automated records are 

maintained by the Corporate Data 

Center Operations, 1615 Woodward 

Street, Austin, TX 78772. The paper 

records will be maintained at each VA 

field station that has a responsibility for 

CUPS input. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

All Department of Veterans Affairs 

employees, employees of other 

government agencies, and authorized 

contractor personnel who have 

requested and have been granted access 

to the automated resources of the VA 

Corporate Data Center Operations 

(CDCO). 

CATEGORIES OF RECORDS IN THE SYSTEM: 

The records in this system, in both 

paper and electronic form, will include 

the names and network user-ID of all 

personnel who have requested and been 

granted access to the automated 

resources at the CDCO. The records will 

also include business address and 

telephone number, job title, and 

information relating to data file and 

computer system access permissions 

granted to that individual. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Title 38, United States Code, Section 

501. 

PURPOSE(S): 

The purpose of this system of records 

is to allow the CDCO in Austin, Texas, 

to maintain a current list of all VA 

employees, employees of other 

government agencies, and authorized 

contractor personnel who require access 

to the computer resources of the CDCO, 

in accordance with Federal computer 

security requirements. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

1. At the initiative of VA, pertinent 

information may be disclosed to 

appropriate Federal, State or local 

agencies responsible for investigating, 

prosecuting, enforcing or implementing 

statutes, rules, regulations or orders, 

where VA becomes aware of an 

indication of a violation or potential 

violation of civil or criminal law or 

regulation. 

2. Disclosure of specific information 

may be made to a Federal agency, in 

response to its request, to the extent that 

the information requested is relevant 

and necessary to the requesting agency’s 

decision in connection with hiring or 

retaining an employee, issuing a 

security clearance, conducting a 

security or suitability investigation on 

an individual, classifying jobs, awarding 

a contract or issuing a license, grant or 

other benefit. 

3. Disclosure of information may be 

made to officials of the Merit Systems 

Protection Board, including the Office of 

the Special Counsel, the Federal Labor 

Relations Authority and its General 

Counsel or the Equal Employment 

Opportunity Commission, when 

requested in performance of their 

authorized duties, and the request is not 

in connection with a law enforcement 

investigation. 

4. The record of an individual who is 

covered by this system or records may 

be disclosed to a member of Congress, 

or staff person acting for the member 

when the member or staff person 

requests the record on behalf of and at 

the written request of that individual. 

5. Disclosure may be made to the 

National Archives and Records 

Administration and General Services 

Administration for record management 

inspections conducted under Authority 

of Title 44 U.S.C. 

6. VA may disclose information from 

this system of records to the Department 

of Justice (DoJ), either on VA’s initiative 

or in response to DoJ’s request for the 

information, after either VA or DoJ 

determines that such information is 

relevant to DoJ’s representation of the 

United States or any of its components 

in legal proceedings before a court or 

adjudicative body, provided that, in 

each case, the agency also determines 

prior to disclosure that release of the 

records to the DoJ is a use of the 

information contained in the records 

that is compatible with the purpose for 

which VA collected the records. VA, on 

its own initiative, may disclose records 

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41192 Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Notices 

in this system of records in legal 

proceedings before a court or 

administrative body after determining 

that the disclosure of records to the 

court or administrative body is a use of 

the information contained in the records 

that is compatible with the purpose for 

which VA collected the records. 

7. Disclosure of relevant information 

may be made to individuals, 

organizations, private or public 

agencies, or other entities with whom 

VA has a contract or agreement or where 

there is a subcontract to perform such 

services as VA may deem practicable for 

the purposes of laws administered by 

VA, in order for the contractor or 

subcontractor to perform the services of 

the contract or agreement. 

8. VA may disclose on its own 

initiative any information in this 

system, except the names and home 

addresses of veterans and their 

dependents, that is relevant to a 

suspected violation or reasonably 

imminent violation of law, whether 

civil, criminal or regulatory in nature 

and whether arising by general or 

program statute or by regulation, rule or 

order issued pursuant thereto, to a 

Federal, State, local, tribal, or foreign 

agency charged with the responsibility 

of investigating or prosecuting such 

violation, or charged with enforcing or 

implementing the statute, rule, 

regulation or order. VA may also 

disclose on its own initiative the names 

and addresses of veterans with the 

responsibility of investigating or 

prosecuting civil, criminal, or regulatory 

violations if law, or charged with 

enforcing or implementing the statute 

regulation, or order issued pursuant 

thereto. 

9. Disclosure to other Federal agencies 

may be made to assist such agencies in 

preventing and detecting possible fraud 

or abuse by individuals in their 

operations and programs. 

10. VA may, on its own initiative, 

disclose any information or records to 

appropriate agencies, entities, and 

persons when (1) VA suspects or has 

confirmed that the integrity or 

confidentiality of information in the 

system of records has been 

compromised; (2) VA has determined 

that as a result of the suspected or 

confirmed compromise, there is a risk of 

embarrassment or harm to the 

reputations of the record subjects, harm 

to the economic or property interests, 

identity theft or fraud, or harm to 

security, confidentially, or integrity of 

this system or other systems or 

programs (whether maintained by VA or 

another agency or entity) that rely upon 

the potentially compromised 

information; and (3) the disclosure is to 

agencies, entities, or persons whom VA 

determines are reasonably necessary to 

assist or carry out the VA’s efforts to 

respond to the suspected or confirmed 

compromise and prevent, minimize, or 

remedy such harm. This routine use 

permits disclosures by VA to respond to 

a suspected or confirmed data breach, 

including the conduct of any risk 

analysis or provision of credit 

protection services as provided in 38 

U.S.C. 5724, as the terms are defined in 

38 U.S.C. 5727. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Each field station responsible for 

inputting records into the system will 

retain the original signed paper copies 

of requests for system access in locked 

containers. Data files supporting the 

automated system are stored in a secure 

area located at the CDCO. Data files are 

stored on magnetic disk and, for 

archival purposes, on magnetic tape. 

RETRIEVABILITY: 

Paper records are maintained in 

alphabetical order by last name of the 

requester. Automated records are 

retrieved by individual name or by a 

specific automated resource. 

SAFEGUARDS: 

Paper records in progress are 

maintained in a manned room during 

working hours. Paper records 

maintained for archival purposes are 

stored in locked containers until 

needed. During non-working hours, the 

paper records are kept in a locked 

container in a secured area. Access to 

the records is on a need-to-know basis 

only. Access to the automated system is 

via computer terminal; standard 

security procedures, including a unique 

customer identification code and 

password combination, are used to limit 

access to authorized personnel only. 

Specifically, in order to obtain access to 

the automated records contained in this 

system of records, an individual must: 

1. Have access to the automated 

resources of the CDCO. An individual 

may not self-register for this access. 

Formal documentation of the request for 

access, signed by the employee’s 

supervisor, is required before an 

individual may obtain such access. 

Authorized customers are issued a 

customer identification code and onetime password. 

2. Be an authorized official of the 

CUPS system. Only two individuals per 

field station may be designated CUPS 

officials with access to add, modify or 

delete records from the system. These 

individuals require a specific functional 

task code in their customer profile; this 

functional task can only be assigned by 

the CDCO. A limited number of 

supervisory or managerial employees 

throughout VA will have read-only 

access for the purpose of monitoring 

CUPS activities. 

RETENTION AND DISPOSAL: 

Records will be maintained and 

disposed of in accordance with the 

records disposal authority approved by 

the Archivist of the United States, the 

National Archives and Records 

Administration, and published in 

Agency Records Control Schedules. 

Paper records will be destroyed by 

shredding or other appropriate means 

for destroying sensitive information. 

Automated storage records are retained 

and destroyed in accordance with a 

disposition authorization approved by 

the Archivist of the United States. 

SYSTEMS AND MANAGER(S) AND ADDRESS: 

Officials responsible for policies and 

procedures; Executive Director, 

Corporate Data Center Operations, 1615 

Woodward Street, Austin, Texas 78772. 

The telephone number is (512) 326– 

6000. 

NOTIFICATION PROCEDURE: 

Individuals who wish to determine 

whether this system of records contains 

information about them should contact 

the Executive Director, Corporate Data 

Center Operations, 1615 Woodward 

Street, Austin, Texas 78772. 

RECORD ACCESS PROCEDURE: 

An individual who seeks access or 

wishes to contest records maintained 

under his or her name or other personal 

identifier may write, call or visit the 

system manager. 

CONTESTING RECORD PROCEDURES: 

(See Record Access Procedures 

above.) 

RECORD SOURCE CATEGORIES: 

Individuals who have applied for and 

been granted access permission to the 

resources of the CDCO. 

[FR Doc. E9–19489 Filed 8–13–09; 8:45 am] 

BILLING CODE 8320–01–P 

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