Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Notices 28707 

15 17 CFR 200.30–3(a)(12). 

including whether the proposed rule 

change is consistent with the Act. 

Comments may be submitted by any of 

the following methods: 

Electronic Comments 

• Use the Commission’s internet 

comment form (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an email to rule-comments@

sec.gov. Please include File Number SR– 

ISE–2018–52 on the subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Secretary, Securities and Exchange 

Commission, 100 F Street NE, 

Washington, DC 20549–1090. 

All submissions should refer to File 

Number SR–ISE–2018–52. This file 

number should be included on the 

subject line if email is used. To help the 

Commission process and review your 

comments more efficiently, please use 

only one method. The Commission will 

post all comments on the Commission’s 

internet website (http://www.sec.gov/ 

rules/sro.shtml). Copies of the 

submission, all subsequent 

amendments, all written statements 

with respect to the proposed rule 

change that are filed with the 

Commission, and all written 

communications relating to the 

proposed rule change between the 

Commission and any person, other than 

those that may be withheld from the 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for website viewing and 

printing in the Commission’s Public 

Reference Room, 100 F Street NE, 

Washington, DC 20549, on official 

business days between the hours of 

10:00 a.m. and 3:00 p.m. Copies of the 

filing also will be available for 

inspection and copying at the principal 

office of the Exchange. All comments 

received will be posted without change. 

Persons submitting comments are 

cautioned that we do not redact or edit 

personal identifying information from 

comment submissions. You should 

submit only information that you wish 

to make available publicly. All 

submissions should refer to File 

Number SR–ISE–2018–52 and should be 

submitted on or before July 11, 2018. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.15

Eduardo A. Aleman, 

Assistant Secretary. 

[FR Doc. 2018–13171 Filed 6–19–18; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF STATE 

[Public Notice: 10448] 

Privacy Act of 1974; System of 

Records 

AGENCY: Department of State. 

ACTION: Notice of a modified System of 

Records. 

SUMMARY: Information in the Legal 

Adviser’s Case Management Records is 

used to provide or facilitate the 

provision of legal advice and opinion to 

the offices of the Department of State 

and to facilitate defense or 

representation of the Department in 

litigation and in other legal proceedings. 

Information may also be used to reply 

to requests from federal, state, local, or 

international courts, agencies, 

commissions, organizations, or 

mechanisms. 

DATES: In accordance with 5 U.S.C. 

552a(e)(4) and (11), this system of 

records notice is effective upon 

publication, with the exception of the 

routine uses (c), (e), (g), (h) and (k), 

which are subject to a 30-day period 

during which interested persons may 

submit comments to the Department. 

Please submit any comments by July 20, 

2018. 

ADDRESSES: Questions can be submitted 

by mail or email. If mail, please write to: 

U.S Department of State; Office of 

Global Information Systems, Privacy 

Staff; A/GIS/PRV; SA–2, Suite 8100; 

Washington, DC 20522–0208. If email, 

please address the email to the Senior 

Agency Official for Privacy, Mary R. 

Avery, at Privacy@state.gov. Please 

write ‘‘Legal Case Management Records, 

State-21’’ on the envelope or the subject 

line of your email. 

FOR FURTHER INFORMATION CONTACT: 

Mary R. Avery, Senior Agency Official 

for Privacy; U.S. Department of State; 

Office of Global Information Services, 

A/GIS/PRV; SA–2, Suite 8100; 

Washington, DC 20522–0208 or at 

(202)663–2215. 

SUPPLEMENTARY INFORMATION: The 

purpose of this modification is to make 

substantive and administrative changes 

to the previously published notice. This 

notice modifies the following sections of 

State-21, Legal Case Management 

Records: Categories of Individuals, 

Categories of Records, Purpose, Routine 

Uses, and Record Source Categories. In 

addition, this notice makes 

administrative updates to the following 

sections: Safeguards, Record Access 

Procedures, Contesting Record 

Procedures, Notification Procedures, 

and History. These changes reflect new 

OMB guidance, additional types of 

records, additional routine uses of 

records, updated contact information, 

and a notice publication history. 

SYSTEM NAME AND NUMBER 

Legal Case Management Records, 

State-21. 

SECURITY CLASSIFICATION: 

Unclassified and Classified. 

SYSTEM LOCATION: 

Department of State (‘‘Department’’), 

located at 2201 C Street NW, 

Washington, DC 20520; Department of 

State annexes, U.S. Embassies, U.S. 

Consulates General, and U.S. 

Consulates. 

SYSTEM MANAGER(S): 

Executive Director, Office of the Legal 

Adviser and Bureau of Legislative 

Affairs, Department of State, 600 19th 

Street NW, Suite 5.600, Washington, DC 

20522 and can be reached at Legalprivacy@state.gov. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

5 U.S.C. 301; 22 U.S.C. 2651a; 22 

U.S.C. 2656; 42 U.S.C. 659; 42 U.S.C. 

666; 5 CFR part 581. 

PURPOSE(S) OF THE SYSTEM: 

Information in the Legal Adviser’s 

Case Management Records is used to 

provide or facilitate the provision of 

legal advice and opinion to the offices 

of the Department of State and to 

facilitate defense or representation of 

the Department in litigation and in other 

legal proceedings. Information may also 

be used to reply to requests from 

federal, state, local, or international 

courts, agencies, commissions, 

organizations, or mechanisms. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Individuals who have filed or are the 

subject of administrative grievances or 

proceedings and Equal Employment 

Opportunity complaints; individuals 

involved in disciplinary proceedings; 

individuals involved in alleged criminal 

activity or activity in violation of 

regulations; individuals who have filed 

claims against the United States; 

individuals who have sued the 

Department of State or any officials; 

individuals whose records may be 

relevant to legal proceedings involving 

the Department of State; individuals 

who are the subjects of inquiries from 

federal, state, and local agencies; 

individuals who are the subjects of 

inquiries by international commissions, 

organizations, or mechanisms; 

individuals who are the subjects of 

income withholding orders, 

garnishment orders, bankruptcy orders, 


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28708 Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Notices 

state tax liens, and similar court or 

agency documents; individuals who 

have raised or discussed legal or policy 

questions with the Office of the Legal 

Adviser; and individuals who have 

otherwise contacted the Office of the 

Legal Adviser. The Privacy Act defines 

an individual at 5 U.S.C. 552a(a)(2) as 

a United States citizen or lawful 

permanent resident. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Biographic information, such as 

name, contact information, and place of 

birth; employment histories; summaries 

of circumstances surrounding 

grievances, Equal Employment 

Opportunity complaints, claims, 

litigation, or disciplinary proceedings; 

internal memoranda; copies of 

indictments and charges; criminal 

records and reports of investigations; 

civil and administrative court records; 

emails; electronic records in various 

formats; supporting documentation for a 

case against or involving the 

Department, an individual or group; 

contracts and other legal documents; 

income withholding orders, 

garnishment orders, bankruptcy orders, 

state tax liens, and similar court or 

agency documents; inquiries from 

federal, state, and local agencies, and 

responses to those inquiries; inquiries 

from international commissions, 

organizations or mechanisms, and 

responses to those inquiries; documents 

that may be relevant to or obtained in 

the course of legal proceedings and 

investigations; correspondence related 

to legal or policy issues, regardless of 

format (paper or electronic). 

RECORD SOURCE CATEGORIES: 

These records contain information 

that is primarily obtained from the 

individual; offices of the Department of 

State; other government agencies, 

particularly the Department of Justice; 

court systems and administrative 

bodies; international commissions, 

organizations, and other mechanisms; 

previous employers; neighbors; security 

investigation reports; other employees 

or individuals having knowledge of the 

issue about which a legal opinion is 

requested or who are party to litigation 

or investigation. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

PURPOSES OF SUCH USES: 

Legal Case Management Records may 

be disclosed to: 

(a) The Department of Justice and 

other federal agencies in connection 

with facilitating defense of the 

Department in legal proceedings and 

analyzing legal issues; 

(b) Federal, state, and foreign courts, 

tribunals, and adjudicatory bodies 

where relevant and necessary to legal 

proceedings; 

(c) International courts, tribunals, 

commissions, organizations, and 

mechanisms where relevant and 

necessary to proceedings or inquiries; 

(d) A party to a legal proceeding 

involving the Department, or the party’s 

attorney or other designated 

representative where relevant and 

necessary to legal proceedings; 

(e) A source, witness or subject, or an 

attorney or other designated 

representative of any source, witness or 

subject where relevant and necessary to 

legal proceedings; 

(f) Federal agencies having statutory 

or other lawful authority to maintain 

such information where relevant and 

necessary to fulfill statutory 

responsibilities; 

(g) Appropriate agencies, entities, and 

persons when (1) the Department of 

State suspects or has confirmed that 

there has been a breach of the system of 

records; (2) the Department of State has 

determined that as a result of the 

suspected or confirmed breach there is 

a risk of harm to individuals, the 

Department of State (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 the Department of 

State efforts to respond to the suspected 

or confirmed breach or to prevent, 

minimize, or remedy such harm; 

(h) Another Federal agency or Federal 

entity, when the Department of State 

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; 

(i) The Department may respond to 

federal, state, and local agency inquiries 

related to child support, alimony, 

bankruptcy, state tax lien, or similar 

issues; 

(j) Pursuant to a court or agency order, 

the Department may disclose relevant 

information to private collection 

agencies, law firms and/or other 

individuals authorized to receive 

benefits under such order; and 

(k) The Department may also publish 

certain information from this system of 

records in a Department-published 

annual digest and through other 

Department-controlled media when the 

Department reasonably believes that 

such publication will inform the public 

about its practice of international law. 

This may include, but is not limited to, 

information about cases, proceedings, 

and inquiries in which the Department 

participates or is involved. 

The Department of State periodically 

publishes in the Federal Register its 

standard routine uses which apply to all 

of its Privacy Act systems of records. 

These notices appear in the form of a 

Prefatory Statement (published in 

Volume 73, Number 136, Public Notice 

6290, on July 15, 2008). All of these 

standard routine uses apply to Legal 

Case Management Records, State-21. 

POLICIES AND PRACTICES FOR STORAGE OF

RECORDS: 

Records will be stored in both hard 

copy and electronic media. A 

description of standard Department of 

State policies concerning storage of 

electronic records is found in the 

Department’s Foreign Affairs Manual 

(https://fam.state.gov/FAM/05FAM/ 

05FAM0440.html). All hard copies of 

records containing personal information 

are maintained in secured file cabinets 

in restricted areas, access to which is 

limited to authorized personnel only. 

POLICIES AND PRACTICES FOR RETRIEVAL OF

RECORDS: 

Hardcopy by name, date, country, 

and/or subject; electronic by keyword or 

metadata. 

POLICIES AND PRACTICES FOR RETENTION AND

DISPOSAL OF RECORDS: 

Records maintained in this system of 

records are generally permanent and are 

retired to the Records Service Center 

one year after the close of the case. 

These records are retired and destroyed 

in accordance with published 

Department of State Records Disposition 

Schedules as approved by the National 

Archives and Records Administration 

(NARA), and a complete list of the 

Department’s schedules can be found on 

our Freedom of Information Act (FOIA) 

program’s website (https://

foia.state.gov/Learn/Records

Disposition.aspx). More specific 

information may be obtained by writing 

to the following address: Director, Office 

of Information Programs and Services, 

A/GIS/IPS; SA–2, Department of State; 

515 22nd Street NW; Washington, DC 

20522–8100. 

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL

SAFEGUARDS: 

All users are given cyber security 

awareness training that covers the 

procedures for handling Sensitive but 


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Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Notices 28709 

1On June 1, 2018, NOPB Corp. supplemented its 

verified notice of exemption to certify that the 

traffic subject to the trackage rights does not involve 

an interchange commitment that limits interchange 

with a third-party connecting carrier. See NOPB 

Corp. Letter 1, New Orleans Pub. Belt R.R.— 

Trackage Rights Exemption—Ill. Cent. R.R., FD 

36198. 

Unclassified information, including 

personally identifiable information (PII). 

Annual refresher training is mandatory. 

In addition, all Foreign Service and 

Civil Service employees and those 

Locally Engaged Staff who handle PII 

are required to take the Foreign Service 

Institute distance learning course 

instructing employees on privacy and 

security requirements, including the 

rules of behavior for handling PII and 

the potential consequences if it is 

handled improperly. 

Access to the Department of State, its 

annexes and posts abroad is controlled 

by security guards and admission is 

limited to those individuals possessing 

a valid identification card or individuals 

under proper escort. While the majority 

of records covered in the Legal Case 

Management Records are electronic, all 

paper records containing personal 

information are maintained in secured 

file cabinets in restricted areas, access to 

which is limited to authorized 

personnel. Access to computerized files 

is password-protected and under the 

direct supervision of the system 

manager. The system manager has the 

capability of printing audit trails of 

access from the computer media, 

thereby permitting regular and ad hoc 

monitoring of computer usage. When it 

is determined that a user no longer 

needs access, the user account is 

disabled. 

Before being granted access to Legal 

Case Management Records, a user must 

first be granted access to the Department 

of State computer system. Remote 

access to the Department of State 

network from non-Department owned 

systems is authorized only through a 

Department approved access program. 

Remote access to the network is 

configured with the authentication 

requirements contained in the Office of 

Management and Budget Circular 

Memorandum A–130. All Department of 

State employees and contractors with 

authorized access have undergone a 

background security investigation. 

RECORD ACCESS PROCEDURES: 

Individuals who wish to gain access 

to or to amend records pertaining to 

themselves should write to U.S. 

Department of State; Director, Office of 

Information Programs and Services; A/ 

GIS/IPS; SA–2, Suite 8100; Washington, 

DC 20522–0208. The individual must 

specify that he or she wishes the Legal 

Case Management Records to be 

checked. At a minimum, the individual 

must include: Full name (including 

maiden name, if appropriate) and any 

other names used; current mailing 

address and zip code; date and place of 

birth; notarized signature or statement 

under penalty of perjury; a brief 

description of the circumstances that 

caused the creation of the record 

(including the city and/or country and 

the approximate dates) which gives the 

individual cause to believe that the 

Legal Case Management Records 

include records pertaining to him or 

her. Detailed instructions on 

Department of State procedures for 

accessing and amending records can be 

found at the Department’s FOIA website 

(https://foia.state.gov/Request/ 

Guide.aspx). 

CONTESTING RECORD PROCEDURES: 

Individuals who wish to contest 

records should write to U.S. Department 

of State; Director, Office of Information 

Programs and Services; A/GIS/IPS; SA– 

2, Suite 8100; Washington, DC 20522– 

0208. 

NOTIFICATION PROCEDURES: 

Individuals who have reason to 

believe that this system of records may 

contain information pertaining to them 

may write to U.S. Department of State; 

Director, Office of Information Programs 

and Services; A/GIS/IPS; SA–2, Suite 

8100; Washington, DC 20522–0208. The 

individual must specify that he/she 

wishes the Legal Case Management 

Records to be checked. At a minimum, 

the individual must include: full name 

(including maiden name, if appropriate) 

and any other names used; current 

mailing address and zip code; date and 

place of birth; notarized signature or 

statement under penalty of perjury; a 

brief description of the circumstances 

that caused the creation of the record 

(including the city and/or country and 

the approximate dates) which gives the 

individual cause to believe that the 

Legal Case Management Records 

include records pertaining to him or 

her. 

EXEMPTIONS PROMULGATED FOR THE SYSTEM: 

Pursuant to 5 U.S.C. 552a(k)(1), 

records in this system may be exempted 

from subsections (c)(3), (d), (e)(1), 

(e)(4)(G), (e)(4)(H), (e)(4)(I), (f) of 552a. 

See 22 CFR 171.26. 

HISTORY: 

This SORN was previously published 

at 81 FR 40741. 

Mary R. Avery, 

Senior Agency Official for Privacy, Senior 

Advisor, Office of Global Information 

Services, Bureau of Administration, 

Department of State. 

[FR Doc. 2018–13212 Filed 6–19–18; 8:45 am] 

BILLING CODE 4710–24–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. FD 36198 (Sub-No. 1)] 

New Orleans Public Belt Railroad 

Corporation—Trackage Rights 

Exemption—Illinois Central Railroad 

Company 

On May 21, 2018, New Orleans Public 

Belt Railroad Corporation (NOPB Corp.) 

filed a verified notice of exemption in 

Docket No. FD 36198 for trackage rights 

under the class exemption at 49 CFR 

1180.2(d)(7) 1 and simultaneously filed a 

petition in this sub-docket to partially 

revoke the exemption to allow the 

trackage rights to expire on January 31, 

2020. Notice of the exemption in Docket 

No. FD 36198 was served and published 

in the Federal Register on June 6, 2018 

(83 FR 26,337), and became effective on 

June 20, 2018. This decision addresses 

NOPB Corp.’s petition to partially 

revoke the exemption. 

As explained by NOPB Corp. in its 

verified notice of exemption in Docket 

No. FD 36198, pursuant to a September 

16, 2016 temporary trackage rights 

agreement and subsequent amendment, 

dated December 28, 2016, NOPB Corp.’s 

predecessor obtained temporary 

overhead trackage rights on 

approximately 6.3 miles of Illinois 

Central Railroad Company (IC) rail line 

in New Orleans, La., for the purpose of 

interchanging traffic with Kansas City 

Southern Railway Company (KCS) on 

KCS trackage in New Orleans on a trial 

basis. See New Orleans Pub. Belt R.R.— 

Temp. Trackage Rights Exemption—Ill. 

Cent. R.R., FD 36067 (STB served Jan. 

30, 2017); New Orleans Pub. Belt R.R.— 

Temp. Trackage Rights Exemption—Ill. 

Cent. R.R., FD 36067 (STB served Oct. 

14, 2016). NOPB Corp. states that it 

acquired its predecessor’s interest in the 

temporary trackage rights arrangement 

as part of the transaction authorized in 

New Orleans Public Belt Railroad— 

Acquisition & Operation Exemption— 

Public Belt Railroad Commission of New 

Orleans, FD 36149 (STB served Dec. 27, 

2017). 

NOPB Corp. states in its petition in 

this sub-docket that the temporary 

trackage rights were scheduled to expire 

on January 31, 2018, but NOPB Corp. 

and IC entered into a second 

amendment to the temporary trackage 

rights agreement, dated January 31, 

2018, which further extended the 


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