Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Notices 69215 

extending southeast for approximately 

one and three-quarters miles. 

• Starting at the northeast boundary 

of the Villareales Banco Tract of the 

Lower Rio Grande Valley National 

Wildlife Refuge and extending east to 

the western boundary of the of the 

Cuevitas Tract of the Lower Rio Grande 

Valley National Wildlife Refuge. 

There is presently an acute and 

immediate need to construct physical 

barriers and roads in the vicinity of the 

border of the United States in order to 

prevent unlawful entries into the United 

States in the project areas pursuant to 

sections 102(a) and 102(b) of IIRIRA. In 

order to ensure the expeditious 

construction of the barriers and roads in 

the project areas, I have determined that 

it is necessary that I exercise the 

authority that is vested in me by section 

102(c) of IIRIRA. 

Accordingly, pursuant to section 

102(c) of IIRIRA, I hereby waive in their 

entirety, with respect to the 

construction of roads and physical 

barriers (including, but not limited to, 

accessing the project areas, creating and 

using staging areas, the conduct of 

earthwork, excavation, fill, and site 

preparation, and installation and 

upkeep of physical barriers, roads, 

supporting elements, drainage, erosion 

controls, safety features, lighting, 

cameras, and sensors) in the project 

areas, all of the following statutes, 

including all federal, state, or other 

laws, regulations, and legal 

requirements of, deriving from, or 

related to the subject of, the following 

statutes, as amended: The National 

Environmental Policy Act (Pub. L. 91– 

190, 83 Stat. 852 (Jan. 1, 1970) (42 

U.S.C. 4321 et seq.)); the Endangered 

Species Act (Pub. L. 93–205, 87 Stat. 

884 (Dec. 28, 1973) (16 U.S.C. 1531 et 

seq.)); the Federal Water Pollution 

Control Act (commonly referred to as 

the Clean Water Act (33 U.S.C. 1251 et 

seq.)); the National Historic Preservation 

Act (Pub. L. 89–665, 80 Stat. 915 (Oct. 

15, 1966), as amended, repealed, or 

replaced by Public Law 113–287, 128 

Stat. 3094 (Dec. 19, 2014) (formerly 

codified at 16 U.S.C. 470 et seq., now 

codified at 54 U.S.C. 100101 note and 

54 U.S.C. 300101 et seq.)); the Migratory 

Bird Treaty Act (16 U.S.C. 703 et seq.); 

the Migratory Bird Conservation Act (16 

U.S.C. 715 et seq.); the Clean Air Act (42 

U.S.C. 7401 et seq.); the Archeological 

Resources Protection Act (Pub. L. 96–95, 

93 Stat. 721 (Oct. 31, 1979) (16 U.S.C. 

470aa et seq.)); the Paleontological 

Resources Preservation Act (16 U.S.C. 

470aaa et seq.); the Safe Drinking Water 

Act (42 U.S.C. 300f et seq.); the Noise 

Control Act (42 U.S.C. 4901 et seq.); the 

Solid Waste Disposal Act, as amended 

by the Resource Conservation and 

Recovery Act (42 U.S.C. 6901 et seq.); 

the Comprehensive Environmental 

Response, Compensation, and Liability 

Act (42 U.S.C. 9601 et seq.); the 

Archaeological and Historic 

Preservation Act (Pub. L. 86–523, 74 

Stat. 220 (June 27, 1960) as amended, 

repealed, or replaced by Public Law 

113–287, 128 Stat. 3094 (Dec. 19, 2014) 

(formerly codified at 16 U.S.C. 469 et 

seq., now codified at 54 U.S.C. 312502 

et seq.)); the Antiquities Act (formerly 

codified at 16 U.S.C. 431 et seq., now 

codified 54 U.S.C. 320301 et seq.); the 

Historic Sites, Buildings, and 

Antiquities Act (formerly codified at 16 

U.S.C. 461 et seq., now codified at 54 

U.S.C. 3201–320303 & 320101–320106); 

the Farmland Protection Policy Act (7 

U.S.C. 4201 et seq.); the National 

Wildlife Refuge System Administration 

Act (Pub. L. 89–669, 80 Stat. 926 (Oct. 

15, 1966) (16 U.S.C. 668dd-668ee)); 

National Fish and Wildlife Act of 1956 

(Pub. L. 84–1024, 70 Stat. 1119 (Aug. 8, 

1956) (16 U.S.C. 742a, et seq.)); the Fish 

and Wildlife Coordination Act (Pub. L. 

73–121, 48 Stat. 401 (March 10, 1934) 

(16 U.S.C. 661 et seq.)); the National 

Trails System Act (16 U.S.C. 1241 et 

seq.); the Administrative Procedure Act 

(5 U.S.C. 551 et seq.); the Eagle 

Protection Act (16 U.S.C. 668 et seq.); 

the Native American Graves Protection 

and Repatriation Act (25 U.S.C. 3001 et 

seq.); the American Indian Religious 

Freedom Act (42 U.S.C. 1996); and the 

Federal Land Policy and Management 

Act (Pub. L. 94–579, 90 Stat. 2743 (Oct. 

21, 1976) (43 U.S.C. 1701 et seq.)). 

This waiver does not revoke or 

supersede any other waiver 

determination made pursuant to section 

102(c) of IIRIRA. Such waivers shall 

remain in full force and effect in 

accordance with their terms. I reserve 

the authority to execute further waivers 

from time to time as I may determine to 

be necessary under section 102 of 

IIRIRA. 

Alejandro N. Mayorkas, 

Secretary. U.S. Department of Homeland 

Security. 

[FR Doc. 2023–22176 Filed 10–4–23; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–7077–N–22] 

Privacy Act of 1974; System of 

Records 

AGENCY: Single Family Acquired Asset 

Branch, Office of Housing, HUD. 

ACTION: Notice of a modified system of 

records. 

SUMMARY: Under the provision of the 

Privacy Act of 1974, as amended, the 

Department of Housing and Urban 

Development (HUD), Single Family 

Acquired Asset Branch, is modifying 

system of records titled ‘‘Single Family 

Acquired Assets Management System 

(SAMS).’’ The Single Family Acquired 

Asset Management System (SAMS) 

handles Management and accounting 

functions for HUD’s inventory of HUD 

owned single-family properties for sale, 

or maintained as, Real Estate Owned 

(REO) properties. This system of records 

is being revised to make clarifying 

changes within: System Location, 

System Manager, Record Authority for 

Maintenance of the System, Purpose of 

the System, Categories of Individuals 

Covered by the System, Categories of 

Records in the System, Records Source 

Categories, Routine Uses of Records 

Maintained in the System, Retrieval of 

Records, and Retention and Disposal of 

Records, and make general updates to 

the remaining sections to accurately 

reflect management of the system of 

records in accordance with the Office of 

Management and Budget (OMB) 

Circular A108, Federal Agency 

Responsibilities for Review, Reporting, 

and Publication under the Privacy Act. 

DATES: Comments will be accepted on or 

before November 6, 2023. This proposed 

action will be effective immediately 

upon publication. Routine uses will 

become effective on the date following 

the end of the comment period unless 

comments are received which result in 

a contrary determination. 

ADDRESSES: You may submit comments, 

identified by docket number or by one 

of the following methods: 

Federal e-Rulemaking Portal: http://

www.regulations.gov. Follow the 

instructions provided on that site to 

submit comments electronically. 

Fax: 202–619–8365. 

Email: privacy@hud.gov. 

Mail: Attention: Privacy Office; 

LaDonne White, Chief Privacy Officer; 

Office of the Executive Secretariat; 451 

Seventh Street SW, Room 10139; 

Washington, DC 20410–0001. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. All 

comments received will be posted 

without change to http://

www.regulations.gov. including any 

personal information provided. 

Docket: For access to the docket to 

read background documents or 

comments received go to http://

www.regulations.gov. 


ddrumheller on DSK120RN23PROD with NOTICES1
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FOR FURTHER INFORMATION CONTACT: 

LaDonne White; 451 Seventh Street SW, 

Room 10139; Washington, DC 20410; 

telephone number (202) 708–3054 (this 

is not a toll-free number). HUD 

welcomes and is prepared to receive 

calls from individuals who are deaf or 

hard of hearing, as well as individuals 

with speech or communication 

disabilities. To learn more about how to 

make an accessible telephone call, 

please visit https://www.fcc.gov/ 

consumers/guides/telecommunicationsrelay-service-trs. 

SUPPLEMENTARY INFORMATION: HUD, 

Single Family Acquired Asset Branch, 

maintains the Single Family Acquired 

Asset Management System (SAMS). 

HUD is publishing this revised notice to 

reflect new and modified routine uses, 

and new source protocols implemented 

to support HUD’s move to cloud 

services. Additionally, administrative 

updates are being added to the 

remaining SORN sections to reflect the 

system in its current state. The change 

to the system of records will have no 

undue impact on the privacy of 

individuals and updates are consistent 

with the records collected. Specific 

changes to the SORN include: 

Security Classification: Added 

systems of record classification status. 

System Location: Replaced former 

data center location in West Virginia 

with new locations in Virginia, 

Mississippi, and Washington, DC. 

System Manager: Identified new 

system manager expected to operate 

under this system of records. 

Authority for Maintenance of the 

System: Updated with existing 

authorities that permit the maintenance 

of the system’s records by clarifying 

citations, correcting errors, and 

including relevant citations to the Code 

of Federal Register. Statutes and 

regulations are listed below. 

Purpose of the System: Updated to 

make clarifying changes to the system’s 

purpose. 

Categories of Individuals Covered by 

the System: Reorganized this section to 

group and clarify individuals according 

to their program responsibilities. 

Categories of Records in the System: 

Updated this section to clarify the 

records collected. 

Records Source Categories: Updated 

with record sources for internal and 

external systems, with source updates 

to: (1) responsibility for the initial 

receipt/upload of HUD REO 

disbursements, collections and Name 

and Address Identification Numbers 

(NAIDs) information was transferred 

from HUD’s Single Family Acquired 

Asset Branch—SAMS to the Office of 

Single Family Asset Management 

(OSFAM)—Asset Disposition and 

Management System (ADAMS). 

Financial transaction and documents 

are now submitted and created in 

ADAMS, and then sent to SAMS to 

capture and process core financial 

transactions, and (2) the SAMS Web 

cloud-based solution was implemented 

for uploading, transmitting, storing 

forms and PDF attachments for program 

automated reporting. 

Routine Use of Records in System: 

HUD will make new and modified 

disclosures from this system of records 

to authorized agencies and participants 

as described below. The disclosures will 

enable HUD to resolve disputes, 

implement remedial actions, test new 

technology, work with researchers, and 

respond to investigation actions. To 

keep track of legal, reporting, hearing, 

and procedural processes related to 

these documents, HUD may maintain 

summaries or details on these 

disclosures in this system. HUD’s 

responsiveness to records maintained by 

this system of records makes these 

disclosures appropriate. 

New Routine Uses: Routine Use (1) 

was added to help resolve disputes 

between HUD and persons making FOIA 

requests; Routine Use (2) was added to 

help with congressional inquiries made 

at the request of that individual; Routine 

Use (3) was added to let researchers 

access HUD data as needed; Routine Use 

(4) was added to allow support from 

contractors, and others when necessary 

to accomplish a HUD mission function; 

Routine Use (6) was added to allow for 

disclosures made to Treasury Bureau of 

Fiscal Service (BFS) and others for 

collections and payments services; 

Routine Use (9) was added to allow 

testing new program technology and 

services; Routine Uses (10) and (11) 

were added to meet the requirements of 

OMB M–17–12; Routine Use (12) was 

added to help enforce civil or criminal 

laws; and Routine Uses (13) and (14) 

were added to let HUD to litigate as 

needed and receive effective 

representation by its representatives 

(such as the Department of Justice). 

Updated Routine Use: Routine Use (5) 

was modified to clarify the purpose for 

reporting 1099 miscellaneous form to 

Treasury IRS, and (7) was modified to 

clarify disclosures made to the relevant 

REO entity, and purposes for reporting 

accounting transactions and tax 

compliance requirements. 

Records Retention and Disposition: 

Updated this section to describe current 

retention and disposal requirements in 

a simplified format. Added existing 

NARA approved general records 

schedules the agency generally uses to 

dispose of program related records. 

Policy and Practice for Retrieval of 

Records: Updated to include minor 

changes and format. Removed the FHA 

Case Number since it was not a personal 

identifier, and the property address, 

purchaser name since these records 

were not used as a retrieval practice. 

SYSTEM NAME AND NUMBER: 

Single Family Acquired Asset 

Management System HUD/HOU–01. 

SECURITY CLASSIFICATION: 

Unclassified. 

SYSTEM LOCATION: 

National Center for Critical 

Information Processing and Storage in 

Mississippi and Virgina; HUD 

Headquarters, 451 Seventh Street SW, 

Washington, DC 20410–0001; 

Accounting files are located at the 

management and marketing contractors’ 

site, which fall under the HUD’s REO 

Servicing Office, Office of Single Family 

Asset Management, at various locations 

throughout the United States. 

SYSTEM MANAGER(S): 

Kirk Mensah, Director, Single Family 

Assets Management Division, 451 

Seventh Street SW, Room 6242, 

Washington, DC 20410, telephone 

number (202) 402–3092. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

The National Housing Act, Public 

Law 73–479, 48 Stat. 1246, 12 U.S.C. 

1701 et seq., Departments of Veterans 

Affairs and Housing and Urban 

Development, and Independent 

Agencies Appropriations Act, 1997, 

Public Law 104–204, 110 Stat. 2894, 12 

U.S.C. 1715z–11a, The Housing and 

Community Development Act of 1987, 

Public Law 100–242, title I, § 165, 101 

Stat. 1864, The Housing Community 

Development Act of 1987, 42 U.S.C. 

3543(a), The Debt Collection Act of 

1982, Public Law 97–365, title 24 Code 

of Federal Regulations, part 291, 

Disposition of HUD-Acquired and 

Owned Single-Family Property, HUD 

Handbook 4000.1 (FHA Single Family 

Housing Policy Handbook). 

PURPOSES OF THE SYSTEM: 

SAMS is a management and 

accounting system for HUD Federal 

Housing Administration (FHA)-owned 

single-family properties for sale, or 

maintained as, Real Estate Owned (REO) 

custodial home, that HUD acquires 

when a lender forecloses on a property 

and conveys the title to HUD. SAMS 

supports HUD staff at Headquarters, 

Homeownership Centers (HOCs), and 

HUD’s Management and Marketing 


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(M&M) contractors in tracking singlefamily properties from their acquisition 

by HUD through the steps necessary to 

resell the properties. SAMS captures 

and processes all financial transactions 

related to repairing, leasing, listing, and 

selling the properties, including 

payments for contractor services, taxes, 

and homeowner association and 

condominium fees. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Purchasers, successful bidders of 

Federal Housing Administration (FHA) 

Single-Family owned homes; Approved 

business partners of FHA’s REO 

program for collections and payments 

resulting from their participation as a 

REO loan originator, loan servicer, 

claims servicer, real estate brokers, title 

company, appraiser, property manager, 

lessee; Mortgagors, including Business 

and Homebuyers of Real Estate Owned 

properties (REO); Borrowers, who have 

defaulted on a HUD loan; HUD Single 

Family Property Disposition Program 

Management and Marketing (M&M) 

contractors; and HUD employees and 

contractors involved with REO property 

functions. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Full Name, Social Security Number 

(SSN), Address (Work and Personal), 

Date of Birth, Employer Identification 

Number, Email Address (Work and 

Personal), Employee Identification 

Number; Financial Information (bank 

account numbers, lender ids), Legal 

Documents (foreclosure, deed-in-lieu 

agreements), Name and Address 

Identification Number (NAID), Phone 

Number (Work and Personal), Race/ 

Ethnicity, Salary (income certification), 

Taxpayer ID including taxing authority 

profile, Telephone number, Fax number, 

and User Ids. 

RECORD SOURCE CATEGORIES: 

On-line data entry by HUD staff via 

SAMS Web and exchanged from sources 

(i.e., purchasers, lender originators, 

lender servicers, brokers, homeowner 

association, appraisers, title companies, 

HUD employees, contractors). Internal 

and External data exchanges from the 

following systems: 

• Office of Single-Family Housing. 

Æ Computerized Homes Underwriting 

Management System (CHUMS) 

Æ Lender Electronic Assessment 

Portal (LEAP). 

• Office of Finance and Budget. 

Æ Single Family Insurance Subsystem 

(SFIS–CLAIMS) 

Æ Home Equity Reverse Mortgage 

Information Technology (HERMIT) 

Æ Electronic Data Interface System 

(EDIS) 

• Office of Single-Family Asset 

Management. 

Æ Asset Disposition and Management 

System (ADAMS) 

• Office of the Chief Information 

Officer 

Æ Digital Identity and Access 

Management System (DIAMS). 

• U.S. Department of the Treasury 

Æ Bureau of the Fiscal Service: 

Lockbox Network Systems, IntraGovernmental Payment and Collection 

Cross Servicing, Treasury Offset 

Program 

Æ Internal Revenue Service (IRS): 

FIRE tax compliance program. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

PURPOSES OF SUCH USES

(1) To the National Archives and 

Records Administration, Office of 

Government Information Services 

(OGIS), to the extent necessary to fulfill 

its responsibilities in 5 U.S.C. 552(h), to 

review administrative agency policies, 

procedures, and compliance with the 

Freedom of Information Act (FOIA), and 

to facilitate OGIS’s offering of mediation 

service to resolve disputes between 

persons making FOIA requests and 

administrative agencies. 

(2) To a congressional office from the 

record of an individual, in response to 

an inquiry from the congressional office 

made at the request of that individual. 

(3) To contractors, grantees, experts, 

consultants, Federal agencies, and nonFederal entities, including, but not 

limited to, State and local governments 

and other research institutions or their 

parties, and entities and their agents 

with whom HUD has a contract, service 

agreement, grant, cooperative 

agreement, or other agreement, for the 

purposes of statistical analysis and 

research in support of program 

operations, management, performance 

monitoring, evaluation, risk 

management, and policy development, 

or to otherwise support the 

Department’s mission. Records under 

this routine use may not be used in 

whole or in part to make decisions that 

affect the rights, benefits, or privileges 

of specific individuals. The results of 

the matched information may not be 

disclosed in identifiable form. 

(4) To contractors, grantees, experts, 

consultants and their agents, or others 

performing or working under a contract, 

service, grant, cooperative agreement, or 

other agreement with HUD, when 

necessary to accomplish an agency 

function related to a system of records. 

Disclosure requirements are limited to 

only those data elements considered 

relevant to accomplishing an agency 

function. 

(5) To Department of Treasury 

Internal Revenue Service (IRS) for the 

purpose of reporting miscellaneous 

income on form 1099–MISC for HUD’ 

business transactions with Management 

and Marketing (M&M) Contractors, tax 

year reporting, in connection with their 

services performed in the maintenance 

of HUD REO homes. 

(6) To the Department of Treasury, 

Bureau of the Fiscal Service, their 

agents, entities and banking institutions 

(not related to taxes) that provide 

payment and collection services for 

HUD: (1) Administrative (Payment 

Services): Issuing payments and other 

remittance services for payments 

certified to authorized contractors, 

vendors, tax authorities, and others 

authorized on HUD’s behalf. (2) CrossServicing (Collection Services): 

Pursuing financial transactions for 

payments owed to HUD from buyers, 

mortgagors, settlement agents, closing 

agents, lender servicers and other 

authorized collections due. 

(7) To financial institutions, vendors, 

mortgagees, management and marketing 

contractors, and their authorizing 

officials, as well as affiliates and other 

parties required, in connection with 

HUD’s REO Office of Single-Family 

Asset Management, disclosures are 

made: (1) To maintain, process, inspect, 

market, and respond to business payee 

transactions, inquiries, errors, and 

corrections related to HUD REO 

properties. (2) To provide a listing of 

REO asset sales, along with their 

associated commissions, to the relevant 

selling brokers. 

(8) To Financial Control Contractors 

for processing data input for SAMS 

system that is written in proprietary 

code. 

(9) To contractors, experts and 

consultants with whom HUD has a 

contract, service agreement, or other 

assignment of the Department, when 

necessary to utilize relevant data for the 

purpose of testing new technology and 

systems designed to enhance program 

operations and performance. 

(10) To appropriate agencies, entities, 

and persons when (1) HUD suspects or 

has confirmed that there has been a 

breach of the system of records,· (2) 

HUD has determined that as a result of 

the suspected or confirmed breach there 

is a risk of harm to individuals, [the 

agency] (including its information 

systems, programs, and operations), the 

Federal Government, or national 

security; and (3) the disclosure made to 

such agencies, entities, and persons is 

reasonably necessary to assist in 

connection with HUD’s efforts to 

respond to the suspected or confirmed 


ddrumheller on DSK120RN23PROD with NOTICES1
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breach or to prevent, minimize, or 

remedy such harm. 

(11) To another Federal agency or 

Federal entity, when [the agency] 

determines that information from this 

system of records is reasonably 

necessary to assist the recipient agency 

or entity in (1) responding to a 

suspected or confirmed breach or (2) 

preventing, minimizing, or remedying 

the risk of harm to individuals, the 

recipient agency or entity (including its 

information systems, programs, and 

operations), the Federal Government, or 

national security, resulting from a 

suspected or confirmed breach. 

(12) To appropriate Federal, state, 

local, tribal, or other governmental 

agencies or multilateral governmental 

organizations responsible for 

investigating or prosecuting the 

violations of, or for enforcing or 

implementing, a statute, rule, 

regulation, order, or license, where HUD 

determines that the information would 

assist in the enforcement of civil or 

criminal laws, when such records, 

either alone or in conjunction with 

other information, indicate a violation 

or potential violation of law. 

(13) To a court, magistrate, 

administrative tribunal, or arbitrator in 

the course of presenting evidence, 

including disclosures to opposing 

counsel or witnesses in the course of 

civil discovery, litigation, mediation, or 

settlement negotiations; or in 

connection with criminal law 

proceedings when HUD determines that 

use of such records is relevant and 

necessary to the litigation and when any 

of the following is a party to the 

litigation or have an interest in such 

litigation: (1) HUD, or any component 

thereof; or (2) any HUD employee in his 

or her official capacity; or (3) any HUD 

employee in his or her individual 

capacity where HUD has agreed to 

represent the employee; or (4) the 

United States, or any agency thereof, 

where HUD determines that litigation is 

likely to affect HUD or any of its 

components. 

(14) To any component of the 

Department of Justice or other Federal 

agency conducting litigation or in 

proceedings before any court, 

adjudicative, or administrative body 

when HUD determines that the use of 

such records is relevant and necessary 

to the litigation and when any of the 

following is a party to the litigation or 

have an interest in such litigation: (1) 

HUD, or any component thereof; or (2) 

any HUD employee in his or her official 

capacity; or (3) any HUD employee in 

his or her individual capacity where the 

Department of Justice or agency 

conducting the litigation has agreed to 

represent the employee; or (4) the 

United States, or any agency thereof, 

where HUD determines that litigation is 

likely to affect HUD or any of its 

components. 

POLICIES AND PRACTICES FOR STORAGE OF

RECORDS: 

Paper and electronic. 

POLICIES AND PRACTICES FOR RETRIEVAL OF

RECORDS: 

Records are retrieved by Social 

Security Number and Name. 

POLICIES AND PRACTICIES FOR RETENTION AND

DISPOSAL OF RECORDS: 

Records in this system are retained 

and disposed of in accordance with the 

National Archives and Records 

Administration, General Records 

Schedule 1.1, Financial Management 

and Reporting Records; GRS 3.1, 

Information Technology Development 

Records; GRS 3.2, Information Security 

Records; 4.2 Information Access and 

Protection Records; and 5.2, Transitory 

and Intermediary Records. General 

records are maintained for periods of 1– 

6 years unless a longer retention period 

is deemed necessary for investigative 

purposes or business use. Electronic 

records will be destroyed in accordance 

with systems disposal and NIST 800–88 

Guidelines. 

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL

SAFEGUARDS: 

Administrative Controls: Backups 

Secured Off-Site; Methods to Ensure 

Only Authorized Personnel Access to 

PII; Periodic Security Audits; Regular 

Monitoring of Users’ Security Practices; 

FIPS 199 determination. HUD access is 

safeguarded according to rules and 

policies, including all applicable 

automated processes according to 

security and privacy safeguard policies. 

HUD has imposed strict controls to 

minimize the risk of compromising the 

information being stored. Primary and 

recovery facilities control physical 

access to information system output 

devices to prevent unauthorized 

individuals from obtaining the output. 

Back-ups are secured off-site, periodic 

security audits are performed, and 

regular monitoring of user’s security 

practices are enforced. 

Technical Controls: Firewall; RoleBased Access Controls; Virtual Private 

Network (VPN); Least Privilege Access; 

User Identification and Password; and 

PIV Card. The system incorporates rolebased access controls, least privilege 

access controls, and virtual private 

access controls. Access is limited to 

authorized personnel and requires a 

password and user ID before system 

access is granted. Records are 

maintained in a secured computer 

network behind HUD’s firewall. The 

system sends and receives data through 

HUD Security File Transfer Protocol 

(SFTP), which encrypts the data. SSNs 

are encrypted during transmission to 

protect session information. 

Physical Controls: Key cards; Security 

Guards; and Identification badges. 

Secure physical methods are used to 

ensure only authorized users have 

access to PII or HUD and its approved 

facilities. Access is controlled by key 

card, controlled access, security guards, 

and identification badges. Periodic 

security audits, regular monitoring of 

system users’ behavior is conducted; 

Primary and recovery facilities control 

physical access to information system 

output devices to prevent unauthorized 

individuals from obtaining the output. 

Hard copies are stored in locked file 

cabinets in secured rooms with 

restricted access. 

RECORD ACCESS PROCEDURES: 

Individuals requesting records of 

themselves should address written 

inquiries to the Department of Housing 

Urban and Development 451 7th Street, 

SW Washington, DC 20410–0001. For 

verification, individuals should provide 

their full name, current address, and 

telephone number. In addition, the 

requester must provide either a 

notarized statement or an unsworn 

declaration made under 24 CFR 16.4. 

CONTESTING RECORD PROCEDURES: 

The HUD rule for contesting the 

content of any record pertaining to the 

individual by the individual concerned 

is published in 24 CFR 16.8 or may be 

obtained from the system manager. 

NOTIFICATION PROCEDURES: 

Individuals requesting notification of 

records of themselves should address 

written inquiries to the Department of 

Housing Urban Development, 451 7th 

Street SW, Washington, DC 20410–0001. 

For verification purposes, individuals 

should provide their full name, office or 

organization where assigned, if 

applicable, and current address and 

telephone number. In addition, the 

requester must provide either a 

notarized statement or an unsworn 

declaration made under 24 CFR 16.4. 

EXEMPTIONS PROMULGATED FOR THE SYSTEM: 

None. 

HISTORY: 

This is a revision to the previously 

published notice published in the 

Federal Modification to Docket No. 88 

FR 45239 (July 14, 2023); Docket No. 71 


ddrumheller on DSK120RN23PROD with NOTICES1
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FR 35443 (June 20, 2006); Document 

No.79 FR 10825 (February 26, 2014). 

LaDonne White, 

Chief Privacy Officer, Office of 

Administration. 

[FR Doc. 2023–22175 Filed 10–4–23; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–6429–N–01] 

Section 3 Benchmarks for Creating 

Economic Opportunities for Low- and 

Very Low-Income Persons and Eligible 

Businesses 

AGENCY: Office of the Assistant Deputy 

Secretary for Field Policy and 

Management, HUD. 

ACTION: Notification of benchmarks. 

SUMMARY: HUD’s regulations require 

that HUD set Section 3 benchmarks by 

publishing a notification, subject to 

public comment, in the Federal Register 

and update the benchmarks no less 

frequently than once every three years 

by the same method of notification. This 

notice updates the 2020 version of the 

benchmark notice and requests public 

comment about the Section 3 

benchmark goals. 

DATES: Effective Date: November 6, 

2023. 

FOR FURTHER INFORMATION CONTACT: 

Nathan Roush, Program Analyst, Office 

of Field Policy and Management, 

Department of Housing and Urban 

Development, Five Points Plaza, 40 

Marietta St NW, Atlanta, GA 30303, 

telephone number 678–732–2045 (this 

is not a toll-free number). General email 

inquiries regarding Section 3 may be 

sent to Section3@hud.gov. HUD 

welcomes and is prepared to receive 

calls from individuals who are deaf or 

hard of hearing, as well as individuals 

with speech or communication 

disabilities. To learn more about how to 

make an accessible telephone call, 

please visit https://www.fcc.gov/ 

consumers/guides/telecommunicationsrelay-service-trs. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 3 of the Housing and Urban 

Development Act of 1968, as amended 

by the Housing and Community 

Development Act of 1992 (Section 3), 

contributes to the establishment of 

stronger, more sustainable communities 

by ensuring that employment and other 

economic opportunities generated by 

Federal financial assistance for housing 

and community development programs 

are, to the greatest extent feasible, 

directed toward low- and very lowincome persons, particularly those who 

are recipients of government assistance 

for housing. HUD is statutorily charged 

with the authority and responsibility to 

implement and enforce Section 3 

through regulation, which HUD has 

done through the publication of the 

Section 3 final rule, titled ‘‘Enhancing 

and Streamlining the Implementation of 

Section 3 Requirements for Creating 

Economic Opportunities for Low- and 

Very Low-Income Persons and Eligible 

Businesses,’’ 85 FR 61524 (‘‘HUD’s 

Section 3 Final Rule’’). This final rule is 

codified in 24 CFR part 75. 

HUD’s Section 3 regulations require 

the establishment of Section 3 

benchmarks for Section 3 workers and 

Targeted Section 3 workers through a 

document published in the Federal 

Register. 24 CFR 75.13(b) and 75.23(b). 

Consistent with these requirements, 

HUD published a benchmark notice in 

the Federal Register on September 29, 

2020, titled ‘‘Section 3 Benchmarks for 

Creating Economic Opportunities for 

Low- and Very Low-Income Persons and 

Eligible Businesses,’’ 85 FR 60907. 

HUD’s Section 3 regulations also require 

HUD to update the benchmarks through 

a document published in the Federal 

Register, subject to public comment, not 

less frequently than once every three 

years. 24 CFR 75.13(b)(1) and 

75.23(b)(1). 

II. Section 3 Benchmarks 

HUD’s Section 3 regulations require 

that in altering and updating the 

established benchmark goals, HUD must 

consider Section 3 labor hour data 

collected during the prior three-year 

period. 24 CFR 75.13(b)(1) and 

75.23(b)(1). After evaluation and 

consideration of the data collected to 

date, HUD has determined that the 

available data is not a sufficiently 

representative sample to support the 

alteration of the current published 

benchmark goals or publication of 

aggregate labor hour data. Therefore, the 

benchmark goals will continue to be the 

ratios established in the original Section 

3 benchmark notice published 

September 29, 2020, and HUD will 

continue to support the labor hour goal 

methodology contained therein. 

HUD considered a number of factors 

in making this decision. Despite being 

published on September 29, 2020, 

HUD’s Section 3 final rule did not go 

into effect until November 30, 2020, and 

compliance only began to be required 

for activities and projects funded on or 

after July 1, 2021. This means that 

activities and projects funded prior to 

July 1, 2021, were not required to report 

labor hours under 24 CFR part 75, 

which does not give HUD a full three 

years of data to review. Additionally, 

the count of labor hours and evaluation 

of achievement of benchmark goals are 

not determined until an activity or 

project is completed. Given the varying 

duration of construction projects, a 

number of larger Section 3 projects— 

those with higher numbers of labor 

hours—funded after July 1, 2021, have 

not yet completed construction and 

therefore have not reported final labor 

hours for Section 3 workers or Targeted 

Section 3 workers. These factors, among 

others, have contributed to initial 

reports containing limited data on a 

small subset of projects, which HUD 

believes does not create a large- or 

representative-enough sample of data to 

merit a change to the existing 

benchmarks or publication of aggregate 

data on labor hours and the proportion 

of recipients meeting benchmarks. 

While HUD has decided not to change 

the benchmark goals for Public Housing 

Financial Assistance and Section 3 

Projects, HUD would like to solicit 

public comment on any matters related 

to this notice, generally, but specifically 

on the experience of grantees, 

contractors, and other stakeholders in 

achieving the existing benchmark goals 

along with any challenges faced or 

recommendations for appropriate 

benchmarks for future updates. HUD 

will not be issuing a second notice 

regarding the current Section 3 

benchmarks unless the comments 

provide HUD with a basis for making 

revisions to the benchmarks. 

HUD will publish another notice to 

update Section 3 benchmarks no later 

than three years after the publication of 

this notice, as required by HUD’s 

Section 3 regulations. 

Michele Perez, 

Assistant Deputy Secretary for Field Policy 

and Management. 

[FR Doc. 2023–22183 Filed 10–4–23; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[Docket No. FWS–HQ–LE–2023–N075; 

FF09L00200–FX–LE18110900000; OMB 

Control Number 1018–0012] 

Agency Information Collection 

Activities; Submission to the Office of 

Management and Budget; Declaration 

for Importation or Exportation of Fish 

or Wildlife 

AGENCY: Fish and Wildlife Service, 

Interior. 


ddrumheller on DSK120RN23PROD with NOTICES1