Federal Register / Vol. 83, No. 114 / Wednesday, June 13, 2018 / Notices 27587 

Dated: June 8, 2018. 

Johnny W. Collett, 

Assistant Secretary for Special Education and 

Rehabilitative Services. 

[FR Doc. 2018–12718 Filed 6–12–18; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

[Docket ID ED–2018–FSA–0053] 

Privacy Act of 1974; System of 

Records 

AGENCY: Federal Student Aid, 

Department of Education. 

ACTION: Notice of a Modified System of 

Records. 

SUMMARY: In accordance with the 

Privacy Act of 1974, as amended 

(Privacy Act), the Department of 

Education (Department) publishes this 

notice of a modified system of records 

for the ‘‘Customer Engagement 

Management System (CEMS)’’ (18–11– 

11) to expand the CEMS system to cover 

records that the Department previously 

maintained in the Department’s system 

of records entitled ‘‘Common Services 

for Borrowers (CSB)’’ (18–11–16) to 

carry out the responsibilities of the 

Department to receive, review, evaluate, 

process, and render decisions on the 

eligibility of individuals for relief under 

the borrower defense regulations and, 

where requests for borrower defense to 

repayment are successful, to determine 

the relief that is appropriate to 

borrowers under the circumstances as 

well as to initiate appropriate 

proceedings to require schools whose 

acts or omissions resulted in the 

successful defenses against repayment 

to pay the Department the amounts of 

the loans to which the defenses apply. 

This modification also renames the 

system of records, which was formerly 

entitled the ‘‘Office of the Student Loan 

Ombudsman Records.’’ The Department 

previously created the system of records 

entitled the ‘‘Office of the Student Loan 

Ombudsman Records’’ for a number of 

purposes related to the duties and 

responsibilities of the Ombudsman, 

including verifying the identities of 

individuals; recording complaints and 

comments; tracking individual cases 

through final resolution; reporting 

trends; analyzing the data to 

recommend improvements in the 

Student Financial Assistance Programs; 

and assisting in the resolution of 

disputes. 

DATES: Submit your comments on this 

modified system of records notice on or 

before July 13, 2018. 

This modified system of records will 

become applicable upon publication in 

the Federal Register on June 13, 2018, 

unless the modified system of records 

notice needs to be changed as a result 

of public comment. 

Modified routine uses (1), (3), (5), (7), 

and (10) and new routine uses (8) and 

(11) listed under ‘‘ROUTINE USES OF 

RECORDS MAINTAINED IN THE 

SYSTEM, INCLUDING CATEGORIES 

OF USERS AND PURPOSES OF SUCH 

USES’’ will become applicable on July 

13, 2018, unless the modified system of 

records notice needs to be changed as a 

result of public comment. The 

Department will publish any significant 

changes resulting from public comment. 

ADDRESSES: Submit your comments 

through the Federal eRulemaking Portal 

or via postal mail, commercial delivery, 

or hand delivery. We will not accept 

comments submitted by fax or by email 

or those submitted after the comment 

period. To ensure that we do not receive 

duplicate copies, please submit your 

comments only once. In addition, please 

include the Docket ID at the top of your 

comments. 

• Federal eRulemaking Portal: Go to 

www.regulations.gov to submit your 

comments electronically. Information 

on using Regulations.gov, including 

instructions for accessing agency 

documents, submitting comments, and 

viewing the docket, is available on the 

site under the ‘‘help’’ tab. 

• Postal Mail, Commercial Delivery, 

or Hand Delivery: If you mail or deliver 

your comments about this modified 

system of records, address them to: 

Ombudsman/Director, Ombudsman 

Group, Customer Experience, FSA, U.S. 

Department of Education, 830 First 

Street NE, 4th Floor/MC–5144, Union 

Center Plaza (UCP), Washington, DC 

20202–5144. 

Privacy Note: The Department’s 

policy is to make all comments received 

from members of the public available for 

public viewing in their entirety on the 

Federal eRulemaking Portal at 

www.regulations.gov. Therefore, 

commenters should be careful to 

include in their comments only 

information that they wish to make 

publicly available. 

Assistance to Individuals with 

Disabilities in Reviewing the 

Rulemaking Record: On request, we will 

provide an appropriate accommodation 

or auxiliary aid 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 

accommodation or auxiliary aid, please 

contact the person listed under FOR

FURTHER INFORMATION CONTACT. 

FOR FURTHER INFORMATION CONTACT: 

Joyce DeMoss, Ombudsman/Director, 

Ombudsman Group, Customer 

Experience, FSA, U.S. Department of 

Education, 830 First Street NE, 4th 

Floor/MC–5144, Union Center Plaza 

(UCP), Washington, DC 20202–5144. 

Telephone: (202) 377–3992. 

If you use a telecommunications 

device for the deaf (TDD) or text 

telephone (TTY), you may call the 

Federal Information Relay Service 

(FIRS) at 1–800–877–8339. 

SUPPLEMENTARY INFORMATION: The 

Department is renaming the system of 

records from the ‘‘Office of the Student 

Loan Ombudsman Records’’ to the 

‘‘Customer Engagement Management 

System (CEMS).’’ The system of records 

described in this notice maintains 

records on individuals who are, were, or 

may be participants in any of the 

Student Financial Assistance Programs 

authorized under title IV of the Higher 

Education Act of 1965, as amended 

(HEA) who request assistance, directly 

or through a designated third party, 

from the Department. The CEMS 

maintains the information for a number 

of purposes related to the duties and 

responsibilities of the Ombudsman and 

the FSA Enforcement Office, including: 

Verifying the identities of individuals; 

recording complaints and comments; 

tracking individual cases through final 

resolution; reporting trends; analyzing 

the data to recommend improvements in 

student financial assistance programs; 

and assisting in the informal resolution 

of disputes. In addition, the system of 

records described in this notice 

maintains records on individuals who 

have asserted defenses to the repayment 

of their Federal student loans, also 

known as ‘‘borrower defenses,’’ 

pursuant to the Department’s 

regulations at 34 CFR 685.206. These 

records are maintained to carry out the 

responsibilities of the Department to 

receive, review, evaluate, process, and 

render decisions on the eligibility of 

individuals for relief under the borrower 

defense regulations, which may include 

the discharge of a William D. Ford 

Federal Direct Loan (Direct Loan) 

Program loan and further relief as 

determined by the Secretary, as well as 

the initiation of appropriate proceedings 

to require schools whose acts or 

omissions resulted in successful 

defenses against repayment to pay the 

Department the amounts of the loans to 

which the defenses apply. 

The CEMS consists of a variety of 

records that identify individuals’ 

complaints, requests for assistance, or 

other inquiries. Records include, but are 

not limited to: Written documentation 


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of an individual’s complaint, request for 

assistance, or other comment or inquiry; 

and information pertaining to a 

student’s or parent’s student financial 

assistance program account(s) under 

title IV of the HEA, such as the 

individual’s name, Social Security 

number, date of birth, address, 

telephone number(s), and FSA ID. 

Additionally, records may include the 

name, address, and phone numbers of 

school(s), lender(s), secondary holder(s) 

or lender(s), guaranty agency(ies), 

servicer(s), and private collection 

agency(ies), if applicable. The system of 

records also contains loan level 

information, and data submitted by 

individuals who have requested relief 

from Federal student loan repayment 

under the borrower defense to 

repayment regulations, as well as data 

that may be submitted by schools or 

other entities in connection with 

individuals’ discharge requests. 

The Department is modifying the 

section of the notice entitled 

‘‘AUTHORITY FOR MAINTENANCE 

OF THE SYSTEM’’ to include 20 U.S.C. 

1087e(h), which is the Department’s 

authority to collect records on 

individuals who have requested relief 

under the borrower defense regulations. 

The Department is modifying the 

section of the notice entitled 

‘‘PURPOSE(S) OF THE SYSTEM’’ to 

include the duties and responsibilities 

of FSA to provide relief under the 

borrower defense regulations, including 

the receipt, review, evaluation, and 

processing of requests for relief under 

the borrower defense to repayment 

regulations, the rendering of decisions 

on the merits of such requests, and, 

where requests for borrower defense to 

repayment are successful, the 

determination of the relief that is 

appropriate to borrowers under the 

circumstances as well as the initiation 

of appropriate proceedings to require 

schools whose acts or omissions 

resulted in the successful defenses 

against repayment to pay the 

Department the amounts of the loans to 

which the defenses apply. 

The Department is modifying the 

section of the notice entitled 

‘‘CATEGORIES OF INDIVIDUALS 

COVERED BY THE SYSTEM’’ to 

include individuals who request relief 

under borrower defense to repayment 

regulations from the Department. 

The Department is modifying the 

section of the notice entitled 

‘‘CATEGORIES OF RECORDS IN THE 

SYSTEM’’ to include individuals’ 

requests for relief and related records 

under the borrower defense to 

repayment regulations and to indicate 

that records may contain other loan 

level data. 

The Department is modifying the 

section of the notice entitled ‘‘RECORD 

SOURCE CATEGORIES’’ to include as 

record source categories third parties 

who provide data to the Department 

under the routine uses set forth below. 

The Department is also modifying this 

section to clarify that in addition to 

obtaining information from the 

individuals (e.g., borrowers), the 

Department also may obtain information 

from the individuals’ counsel or 

representatives, or from students or 

their parents (if the individual is a 

borrower and depending on whether the 

individual is a parent or student). This 

Section also has been revised by adding 

that the Department may obtain 

information from accreditors in addition 

to the sources previously listed, which 

were Federal agencies, State agencies, 

schools, lenders, private collection 

agencies, and guaranty agencies. 

The Department is making several 

modifications to routine use (1) entitled 

‘‘Program Disclosure.’’ First, the 

Department is including requests for 

relief under the borrower defense 

regulations as one of the types of 

requests for which the Department may 

disclose records and clarifying that the 

Department may disclose records where 

a request for borrower defense to 

repayment is successful in order to 

determine the relief that is appropriate 

under the circumstances as well as to 

initiate the appropriate proceeding to 

require the school whose acts or 

omissions resulted in the successful 

defense against repayment to pay the 

Department the amount of the loan to 

which the defense applies. Disclosing 

records where a request for borrower 

defense to repayment is successful in 

order to determine the relief that is 

appropriate under the circumstances 

was previously authorized by ‘‘routine 

uses’’ published in the ‘‘Common 

Services for Borrowers (CSB)’’ system of 

records notice, see 81 FR 60,683–60,691 

(Sep. 2, 2016), and the Department is 

making this more explicit now. Second, 

the Department is revising this routine 

use to permit the Department to make 

disclosures when further information 

‘‘is relevant’’ to, rather than ‘‘is 

necessary to,’’ the Department’s 

resolution of the complaint, request, or 

other inquiry. Third, the Department is 

adding accreditors. 

The Department is removing former 

routine use (2) entitled ‘‘Disclosure for 

Use by Other Law Enforcement 

Agencies’’ because the Department no 

longer intends to disclose any records 

under this routine use. 

The Department is modifying routine 

use (3) entitled ‘‘Litigation and 

Alternative Dispute Resolution (ADR) 

Disclosure’’ to insert the word ‘‘person’’ 

in place of the word ‘‘individual’’ to 

avoid any confusion to the public 

because we did not intend the word 

‘‘individual’’ to have the meaning of this 

term as defined in the Privacy Act. 

The Department is also modifying 

routine use (5) entitled ‘‘Contract 

Disclosure’’ to remove the reference to 

‘‘Privacy Act safeguards as required 

under 5 U.S.C. 552a(m)’’ to now require 

that all contractors agree to maintain 

safeguards to protect the security and 

confidentiality of the records in the 

system. The Department also has 

clarified that such safeguards will be 

agreed to as part of the contract, rather 

than before the contract is entered into. 

The Department is removing former 

routine use (7) entitled ‘‘Research 

Disclosure.’’ Consistent with our 

commitment to protect personal data, 

we do not anticipate releasing student, 

borrower, or applicant-level data for 

purposes other than program 

administration. 

The Department is modifying routine 

use (7) entitled ‘‘Borrower Complaint 

Disclosure’’ to include ‘‘processing’’ and 

‘‘reviewing’’ of a complaint as a course 

through which the Department may 

disclose a record to better align with the 

language of routine use (8) entitled 

‘‘Borrower Defense to Repayment 

Disclosure’’. 

The Department is adding routine use 

(8) entitled ‘‘Borrower Defense to 

Repayment Disclosure’’ to clarify that 

disclosure of a record from this system 

of records is allowed in the course of 

reviewing, processing, investigating, 

fact-finding, or adjudicating a request 

for relief under the borrower defense 

regulations or in the course of the 

Department’s enforcement activity to: 

Federal agencies, the student (if the 

student is not the borrower), the counsel 

or representative of the borrower or the 

student, or the school whose conduct is 

subject of the request for relief or the 

school’s counsel or representative; a 

witness; or a designated fact-finder, 

mediator, or other person designated to 

resolve issues or decide the matter. The 

disclosure may only be made during the 

course of the review, processing, 

investigation, fact-finding, or 

adjudication of the request for relief. 

Pursuant to the requirements in Office 

of Management and Budget 

Memorandum M–17–12 entitled 

‘‘Preparing for and Responding to a 

Breach of Personally Identifiable 

Information,’’ the Department is also 

adding an additional routine use (11) in 

order to permit the Department to 


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disclose records from this system of 

records in the course of assisting 

another Federal agency or entity in 

responding to a breach of data. Lastly, 

the Department is modifying routine use 

(10) (previously routine use (11)) so that 

the routine use conforms with the 

requirements set forth in OMB 

Memorandum M–17–12 entitled 

‘‘Preparing for and Responding to a 

Breach of Personally Identifiable 

Information.’’ 

The Department is updating the 

section entitled ‘‘POLICIES AND 

PRACTICES FOR RETENTION AND 

DISPOSAL OF RECORDS’’ to explain 

that the applicable Department records 

schedule is being amended, pending 

approval by the National Archives and 

Records Administration (NARA). 

The sections entitled ‘‘RECORD 

ACCESS PROCEDURES,’’ 

‘‘CONTESTING RECORD 

PROCEDURES,’’ and ‘‘NOTIFICATION 

PROCEDURES’’ are modified to define 

the ‘‘necessary particulars’’ needed to 

access, contest, or be notified of a 

record. 

The Department has also added a 

section entitled ‘‘HISTORY.’’ 

Accessible Format: Individuals with 

disabilities can obtain this document in 

an accessible format (e.g., Braille, large 

print, audiotape, or compact disc) on 

request to the person listed under FOR

FURTHER INFORMATION CONTACT. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. You may access the official 

edition of the Federal Register and the 

Code of Federal Regulations via the 

Federal Digital System at: www.gpo.gov/ 

fdsys. At this site you can view this 

document, as well as all other 

documents of this Department 

published in the Federal Register, in 

text or Portable Document Format 

(PDF). To use PDF you must have 

Adobe Acrobat Reader, which is 

available free at the site. You may also 

access documents of the Department 

published in the Federal Register by 

using the article search feature at: 

www.federalregister.gov. Specifically, 

through the advanced search feature at 

this site, you can limit your search to 

documents published by the 

Department. 

Dated: June 8, 2018. 

James F. Manning, 

Acting Chief Operating Officer, Federal 

Student Aid. 

For the reasons discussed in the 

preamble, the Acting Chief Operating 

Officer of Federal Student Aid (FSA) of 

the U.S. Department of Education 

(Department) publishes a notice of a 

modified system of records to read as 

follows: 

SYSTEM NAME AND NUMBER: 

Customer Engagement Management 

System (CEMS) (18–11–11). 

SECURITY CLASSIFICATION: 

Unclassified. 

SYSTEM LOCATION: 

Salesforce Data Center, primary data 

center in 44521 Hastings Drive Ashburn, 

VA 20147. The system is accessible via 

the internet to different categories of 

users, including Department personnel, 

customers, and designated agents of the 

Department at any location where they 

have internet access. 

SYSTEM MANAGER(S): 

Ombudsman, Federal Student Aid, 

U.S. Department of Education, 830 First 

Street NE, Room 4111, Washington, DC 

20202. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

20 U.S.C. 1018(f) and 1087e(h). 

PURPOSE(S) OF THE SYSTEM: 

The information maintained in this 

system will be used for a number of 

purposes related to the duties and 

responsibilities of the FSA Ombudsman; 

and, separately, to perform the duties 

and responsibilities of the Department 

to provide Federal student loan 

repayment relief, and certain further 

relief, under the borrower defense to 

repayment regulations at 34 CFR 

685.206. The information will be used 

to: Verify the identities of individuals; 

record complaints and comments; track 

individual cases through final 

resolution; report trends; and analyze 

the data to recommend improvements in 

student financial assistance programs; 

and assist in the informal resolution of 

disputes. The information will also be 

used by the Department to receive, 

review, evaluate, and process requests 

for relief under the borrower defense to 

repayment regulations, to render 

decisions on the merits of such requests 

for relief, and, where requests for 

borrower defense to repayment are 

successful, to determine the relief that is 

appropriate to borrowers under the 

circumstances as well as to initiate 

appropriate proceedings to require 

schools whose acts or omissions 

resulted in the successful defenses 

against repayment to pay the 

Department the amounts of the loans to 

which the defenses apply. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

This system maintains records on 

individuals who are, were, or may be 

participants in any of the Student 

Financial Assistance Programs under 

title IV of the Higher Education Act of 

1965, as amended (HEA) who request 

assistance, directly or through a 

designated third party, from Federal 

Student Aid Enforcement Office or the 

FSA Ombudsman. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

This system consists of a variety of 

records that identify the individuals’ 

complaints, requests for assistance, 

requests for borrower defense relief, or 

other inquiries. Records include, but are 

not limited to: Written documentation 

of an individual’s complaint, request for 

assistance, request for relief under the 

borrower defense regulations, or other 

comment or inquiry; and information 

pertaining to the individual’s or the 

individual’s parent’s student financial 

assistance program account(s) under 

title IV of the HEA, such as the 

individual’s name, Social Security 

number (SSN), date of birth, address, 

telephone number(s), and Federal 

Student Aid ID (FSA ID). Records may 

include the name, address, and phone 

numbers of the individual’s counsel or 

representative, school(s), lender(s), 

secondary holder(s) or lender(s), 

guaranty agency(ies), servicer(s), and 

private collection agency(ies), if 

applicable, and, may contain other loan 

level data. 

RECORD SOURCE CATEGORIES: 

Information is obtained from 

individuals (e.g., borrowers), their 

counsel or representatives, or students 

or their parents (when the individual is 

a borrower and depending on whether 

the individual is a parent or student), 

Federal agencies, State agencies, 

schools, lenders, private collection 

agencies, guaranty agencies, accreditors, 

and from other persons or entities from 

which data is obtained under routine 

uses set forth below. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

PURPOSES OF SUCH USES: 

The Department may disclose 

information contained in a record in 

this system of records under the routine 

uses listed 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 

Privacy Act of 1974, as amended 

(Privacy Act), under a computer 

matching agreement. 

(1) Program Disclosure. The 

Department may disclose records to 


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Federal agencies, State agencies, 

accreditors, schools, lenders, guaranty 

agencies, servicers, and private 

collection agencies when further 

information about the complaint, 

request for assistance, request for 

Federal student loan repayment relief 

and other further relief under the 

borrower defense to repayment 

regulations, or other inquiry is relevant 

to the Department’s resolution of the 

complaint, request, or other inquiry, 

and, where a request for borrower 

defense to repayment is successful, to 

determine the relief that is appropriate 

under the circumstances as well as to 

initiate the appropriate proceeding to 

require the school whose acts or 

omissions resulted in the successful 

defense against repayment to pay the 

Department the amount of the loan to 

which the defense applies. 

(2) 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, regulation, or order 

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, Executive 

Order, rule, regulation, or order issued 

pursuant thereto. 

(3) Litigation and Alternative Dispute 

Resolution (ADR) Disclosure. 

(a) Introduction. In the event that one 

of the parties listed in sub-paragraphs (i) 

through (v) is involved in judicial or 

administrative litigation or ADR, or has 

an interest in such 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 component 

of the Department; 

(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; or 

(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 

a person, or 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, person, or entity. 

(d) Disclosure to Parties, Counsel, 

Representatives, and Witnesses. If the 

Department determines that disclosure 

of certain records to a party, counsel, 

representative, or witness is relevant 

and necessary to the litigation or ADR, 

the Department may disclose those 

records as a routine use to the party, 

counsel, representative, or witness. 

(4) Disclosure to the DOJ. The 

Department may disclose records to the 

DOJ to the extent necessary for 

obtaining DOJ advice on any matter 

relevant to an audit, inspection, or other 

inquiry related to the programs covered 

by this system. 

(5) 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. As part 

of such a contract, the Department shall 

require the contractor to agree to 

maintain safeguards to protect the 

security and confidentiality of the 

records in the system. 

(6) Congressional Member Disclosure. 

The Department may disclose records to 

a member of Congress from the record 

of an individual 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 it. 

(7) Borrower Complaint Disclosure. If 

a record is relevant and necessary to a 

borrower complaint regarding 

participants in any of Student Financial 

Assistance Programs under title IV of 

the HEA, the Department may disclose 

a record from this system of records in 

the course of processing, reviewing, 

investigating, fact-finding, or 

adjudicating the complaint to: Any 

party to the complaint; the party’s 

counsel or representative; a witness; or 

a designated fact-finder, mediator, or 

other person designated to resolve 

issues or decide the matter. The 

disclosure may only be made during the 

course of the review, processing, 

investigation, fact-finding, or 

adjudication. 

(8) Borrower Defense to Repayment 

Disclosure. If a record is relevant and 

necessary to an individual’s request for 

relief from repayment of a Federal 

student loan or other relief under the 

borrower defense to repayment 

regulations, or the potential provision of 

such relief in connection with the 

Department’s enforcement activities on 

any of the Student Financial Assistance 

Programs under title IV of the HEA, the 

Department may disclose a record from 

this system of records in the course of 

processing, reviewing, investigating, 

fact-finding, or adjudicating the request 

or in the course of the Department’s 

enforcement activity to: Federal agency, 

the student (if the student is not the 

borrower), the counsel or representative 

of the borrower or the student, or the 

school whose conduct is subject of the 

request for relief or the school’s counsel 

or representative; a witness; or a 

designated fact-finder, mediator, or 

other person designated to resolve 

issues or decide the matter. The 

disclosure may only be made during the 

course of the review, processing, 

investigation, fact-finding, or 

adjudication. 

(9) Freedom of Information Act 

(FOIA) and Privacy Act Advice 

Disclosure. The Department may 

disclose records from this system of 

records to the DOJ or Office of 

Management and Budget (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 the 

Privacy Act. 

(10) Disclosure in the Course of 

Responding to a 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 there has been a breach 

of the system of records; (b) the 

Department has determined that as a 

result of the suspected or confirmed 

breach, there is a risk of harm to 

individuals, the Department (including 

its information systems, programs, and 

operation), the Federal Government, or 

national security; and (c) the disclosure 

made to such agencies, entities, and 

persons is reasonably necessary to assist 

the Department’s efforts to respond to 

the suspected or confirmed breach or to 

prevent, minimize, or remedy such 

harm. 

(11) Disclosure in Assisting another 

Agency in Responding to a Breach of 


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Data. The Department may disclose 

records from this system to another 

Federal agency or Federal entity, when 

the Department determines that 

information from this system of records 

is reasonably necessary to assist the 

recipient agency or entity in (a) 

responding to a suspected or confirmed 

breach or (b) 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. 

POLICIES AND PRACTICES FOR STORAGE OF

RECORDS: 

These records will be maintained in 

an electronic database. 

POLICIES AND PRACTICES FOR RETRIEVAL OF

RECORDS: 

Records are indexed by Social 

Security number, name, date of birth, 

and case tracking number. 

POLICIES AND PRACTICES FOR RETENTION AND

DISPOSAL OF RECORDS: 

All records are retained and disposed 

of in accordance with Department 

Records Schedule 052: Ombudsman 

Case Files (N1–441–09–21) (ED 052). ED 

052 is being amended, pending approval 

by the National Archives and Records 

Administration (NARA). Records will 

not be destroyed until NARA-approved 

amendments to ED 052 are in effect, as 

applicable. 

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL

SAFEGUARDS: 

Access to and use of these records by 

Department employees and agents shall 

be limited to those persons whose 

official duties require access. This 

includes staff members of the Office of 

the Student Loan Ombudsman, 

Enforcement Office staff members, and 

other Department employees and agents. 

All physical access to the site where this 

system of records is maintained, is 

controlled and monitored by security 

personnel who check each individual 

entering the building for his or her 

employee or visitor badge. 

The computer system offers a high 

degree of resistance to tampering and 

circumvention. This security system 

limits data access to 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 unique user 

IDs with personal identifiers. All 

interactions by individual users with 

the system are recorded. 

RECORD ACCESS PROCEDURES: 

If you wish to gain access to a record 

regarding you in the system of records, 

contact the system manager at the 

address listed above. You must provide 

necessary particulars such as your 

name, SSN, and any other identifying 

information requested by the 

Department while processing the 

request to distinguish between 

individuals with the same name. Your 

request must meet the requirements of 

34 CFR 5b.5, including proof of identity. 

CONTESTING RECORD PROCEDURES: 

If you wish to contest the content of 

a record regarding you in the system of 

records, contact the system manager 

with the information described in the 

record access procedures. Your request 

must meet the requirements of 34 CFR 

5b.7. 

NOTIFICATION PROCEDURES: 

If you wish to determine whether a 

record exists regarding you in the 

system of records, contact the system 

manager at the address listed above. 

You must provide necessary particulars 

such as your name, SSN, and any other 

identifying information requested by the 

Department while processing the 

request to distinguish between 

individuals of with the same name. 

Your request must meet the 

requirements of 34 CFR 5b.5, including 

proof of identity. 

EXEMPTIONS PROMULGATED FOR THE SYSTEM: 

None. 

HISTORY: 

The system of records notice entitled 

‘‘Office of the Student Loan 

Ombudsman Records’’ (18–11–11) was 

published in the Federal Register on 

December 27, 1999 (64 FR 72384, 

72399–72400). The ‘‘Office of the 

Student Loan Ombudsman Records’’ 

system of records notice was most 

recently altered and republished in full 

in the Federal Register on March 8, 

2016 (81 FR 12081). 

The records that will be maintained in 

the CEMS system of records that are 

about individuals who have asserted 

defenses to the repayment of their 

Federal student loans, also known as 

‘‘borrower defenses,’’ pursuant to the 

Department’s regulations at 34 CFR 

685.206, previously were covered by the 

system of records notice entitled 

‘‘Common Services for Borrowers 

(CSB)’’ (18–11–16), which was first 

published in the Federal Register on 

January 23, 2006 (71 FR 3503), 

subsequently updated on September 12, 

2014 (79 FR 54685), and last altered on 

September 2, 2016 (81 FR 60683). 

[FR Doc. 2018–12700 Filed 6–12–18; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

Notice of Request for Information (RFI) 

on Identifying Priorities for Reducing 

Barriers to Deployment of Hydrogen 

Infrastructure 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy (DOE). 

ACTION: Request for information (RFI). 

SUMMARY: The U.S. Department of 

Energy (DOE) published a Request for 

Information (RFI) on Identifying 

Priorities for Reducing Barriers to 

Deployment of Hydrogen Infrastructure 

on EERE Exchange to gather information 

on priority areas for reducing barriers to 

deployment of hydrogen technologies, 

with a particular focus on hydrogen 

infrastructure. 

DATES: Responses to the RFI must be 

received no later than 5:00 p.m. (ET) on 

August 10, 2018. 

ADDRESSES: Interested parties are to 

submit comments electronically to 

FY18FCTOBARRIERSRFI@

EE.DOE.GOV. Responses must be 

provided as attachments to an email. 

Include ‘‘Deployment Barriers RFI’’ as 

the subject of the email. It is 

recommended that attachments with file 

sizes exceeding 25MB be compressed 

(i.e., zipped) to ensure message delivery. 

Responses must be provided as a 

Microsoft Word (.docx) attachment to 

the email, and 12 point font, 1 inch 

margins. Only electronic responses will 

be accepted. The complete RFI 

document is located at https://eereexchange.energy.gov/. 

FOR FURTHER INFORMATION CONTACT: 

Questions may be addressed to 

FY18FCTOBARRIERSRFI@

EE.DOE.GOV. Further instruction can be 

found in the RFI document posted on 

EERE Exchange. 

SUPPLEMENTARY INFORMATION: DOE 

posted on its website an RFI to solicit 

feedback from industry, academia, 

research laboratories, government 

agencies, and other stakeholders on 

critical barriers to deployment of 

hydrogen infrastructure. The goal of the 

RFI is to identify these barriers and 

potential courses-of-action to address 

them to reduce deployment time and 

cost in implementing hydrogen 

technologies and to support the 

implementation of large-scale 

applications. Deployment of hydrogen 


amozie on DSK3GDR082PROD with NOTICES1