Federal Register / Vol. 89, No. 20 / Tuesday, January 30, 2024 / Notices 5945 

55 17 U.S.C. 115(d)(5)(A)(i). 

56 Id. at 115(d)(5)(A)(ii). 

57 Id. at 115(d)(5)(A)(iii). 

58 Id. at 115(d)(5)(C)(i)(III)–(V). 

59 Id. at 115(d)(5)(C)(i)(VI), (d)(12)(C). 

60See id. at 115(d)(5)(C)(iii). 

61 Id. at 115(d)(5)(C)(iii)(I). 

62 Id. at 115(d)(5)(C)(iii)(II). 

63Submissions by the Mechanical Licensing 

Collective and Digital Licensee Coordinator will be 

found on the Office’s website at https://

www.copyright.gov/rulemaking/mma-designations/ 

2024 approximately sixty days after the publication 

of this Notification of Inquiry. 1E.O. No. 14110, 88 FR 75191 (Nov. 1, 2023). 

that is created to carry out its statutory 

responsibilities.55

2. Indicia of Endorsement and Support 

The Office requests information from 

the Digital Licensee Coordinator 

regarding whether it continues to be 

‘‘endorsed by and enjoy[] substantial 

support from digital music providers 

and significant nonblanket licensees 

that together represent the greatest 

percentage of the licensee market for 

uses of musical works in covered 

activities, as measured over the 

preceding 3 calendar years.’’ 56

3. Administrative Capabilities and 

Governance 

The DLC must have the 

administrative capabilities to perform 

its statutory functions.57 The Office 

requests a detailed description of the 

Digital Licensee Coordinator’s 

administrative capabilities and its 

performance of the following functions: 

i. Governance 

The Office requests a copy of the 

Digital Licensee Coordinator’s current 

bylaws, including a summary of changes 

made, if any, from its initial bylaws. To 

the extent not addressed by its bylaws, 

the Office also requests a summary of its 

governance structure, criteria for 

membership, and dues paid by its 

members. Lastly, the Office requests a 

list of the Digital Licensee Coordinator’s 

current members, and a description of 

its efforts to grow its membership to 

other DMPs, and any challenges related 

to such efforts. 

ii. Notice and Payment Obligations 

The Office requests information 

addressing the Digital Licensee 

Coordinator’s efforts to enforce notice 

and payment obligations with respect to 

the administrative assessment, 

including: (1) how it is coordinating 

such efforts with the Mechanical 

Licensing Collective; and (2) the extent 

to which it is disclosing information to, 

and receiving information from, the 

Mechanical Licensing Collective on this 

topic. 

iii. Participation in Proceedings Before 

the Copyright Office and Copyright 

Royalty Judges 

The Office requests a summary of the 

Digital Licensee Coordinator’s 

participation in Office or Copyright 

Royalty Judge proceedings, including: 

(1) participating in proceedings before 

the Copyright Royalty Judges to 

establish the administrative assessment; 

(2) gathering and providing 

documentation for use in proceedings 

before the Copyright Royalty Judges to 

set rates and terms under the 

mechanical license; and (3) 

participating in proceedings before the 

Office with respect to activities 

regarding the blanket license.58

iv. Maintaining Records of the Digital 

Licensee Coordinator’s Activities 

The Office requests a description of 

how the Digital Licensee Coordinator is 

maintaining records of its activities, 

including efforts to ensure that 

confidential, private, proprietary, or 

privileged information contained in its 

records is not improperly disclosed or 

used.59

v. Assistance With Publicity for 

Unclaimed Royalties 

The MMA directs the DLC to ‘‘make 

reasonable, good-faith efforts to assist 

the mechanical licensing collective . . . 

by encouraging digital music providers 

to publicize the existence of the 

collective and the ability of copyright 

owners to claim unclaimed accrued 

royalties.’’ 60 The Office requests a 

detailed description of the steps that the 

Digital Licensee Coordinator has taken 

to fulfill this requirement, including 

whether all its members have posted the 

MLC’s contact information in a 

prominent location on their websites 

and applications.61 The Office also 

requests a summary of the Digital 

Licensee Coordinator’s in-person 

outreach activities with songwriters.62

The Digital Licensee Coordinator is 

encouraged to provide any other 

information that it believes is relevant to 

demonstrate it continues to meet the 

statutory designation criteria. 

IV. Public Participation 

Interested members of the public are 

encouraged to comment on the topics 

addressed in the designees’ submissions 

or raised by the Office in this 

notification of inquiry.63 Commenters 

may also address any topics relevant to 

this periodic review of the MLC and 

DLC designations. Without prejudice to 

its review of the current designations, 

the Office hopes that this proceeding 

will serve as an opportunity for any 

songwriter, publisher, or DMP who 

wishes to express concerns, satisfaction, 

or priorities with respect to the 

administration of the MMA’s blanket 

licensing regime to do so, and that any 

designated MLC or DLC will use that 

feedback to continually improve its 

services. 

Dated: January 25, 2024. 

Suzanne V. Wilson, 

General Counsel and Associate Register of 

Copyrights. 

[FR Doc. 2024–01781 Filed 1–29–24; 8:45 am] 

BILLING CODE 1410–30–P 

OFFICE OF MANAGEMENT AND 

BUDGET 

Request for Information: Privacy 

Impact Assessments 

AGENCY: Office of Management and 

Budget. 

ACTION: Request for information. 

SUMMARY: Pursuant to the Executive 

order on Safe, Secure, and Trustworthy 

Development and Use of Artificial 

Intelligence, the Office of Management 

and Budget (OMB) is requesting public 

input on how privacy impact 

assessments (PIAs) may be more 

effective at mitigating privacy risks, 

including those that are further 

exacerbated by artificial intelligence 

(AI) and other advances in technology 

and data capabilities. 

DATES: Consideration will be given to 

written comments received by April 1, 

2024. 

ADDRESSES: Please submit comments via 

https://www.regulations.gov/ and follow 

the instructions for submitting 

comments. Public comments are 

valuable, and they will inform any 

potential updates to relevant OMB 

guidance; however, OMB will not 

respond to individual submissions. 

Privacy Act Statement: OMB is 

issuing this request for information 

(RFI) pursuant to Executive Order 14110 

on Safe, Secure, and Trustworthy 

Development and Use of Artificial 

Intelligence.1 Submission of comments 

in response to this RFI is voluntary. 

Comments may be used to inform sound 

decision making on topics related to this 

RFI, including potential updates to 

guidance. Please note that submissions 

received in response to this notice may 

be posted on https://

www.regulations.gov/ or otherwise 

released in their entirety, including any 

personal information, business 

confidential information, or other 


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5946 Federal Register / Vol. 89, No. 20 / Tuesday, January 30, 2024 / Notices 

2Off. of Mgmt. & Budget, Exec. Off. of the 

President, Circular No. A–130, Managing 

Information as a Strategic Resource app. II, section 

5(e) (July 28, 2016), available at https://

www.whitehouse.gov/wp-content/uploads/legacy_

drupal_files/omb/circulars/A130/a130revised.pdf. 

3E-Government Act of 2002, Public Law 107–347, 

section 208(b)(2), (3), 116 Stat. 2899, 2921 (codified 

as amended at 44 U.S.C. 3501 note). 

4Off. of Mgmt. & Budget, Exec. Off. of the 

President, OMB M–03–22, OMB Guidance for 

Implementing the Privacy Provisions of the EGovernment Act of 2002, attach. A, section I.A.a 

(Sept. 30, 2003), available at https://

www.whitehouse.gov/wp-content/uploads/2017/11/ 

203-M-03-22-OMB-Guidance-for-Implementing-thePrivacy-Provisions-of-the-E-Government-Act-of2002-1.pdf. 5Off. of Mgmt. & Budget, Exec. Off. of the 

President, OMB M–10–23, Guidance for Agency 

Use of Third-Party websites and Applications (June 

25, 2010), available at https://www.whitehouse.gov/ 

wp-content/uploads/legacy_drupal_files/omb/ 

memoranda/2010/m10-23.pdf. 

6OMB released for public comment a draft 

memorandum on agency use of AI. See Off. of 

Mgmt. & Budget, Exec. Off. of the President, Draft 

Memorandum on Advancing Governance, 

Innovation, and Risk Management for Agency Use 

of Artificial Intelligence (Nov. 2023), available at 

https://ai.gov/wp-content/uploads/2023/11/AI-inGovernment-Memo-Public-Comment.pdf. 

sensitive information provided by the 

commenter. Do not include in your 

submissions any copyrighted material; 

information of a confidential nature, 

such as personal or proprietary 

information; or any information you 

would not like to be made publicly 

available. Comments are maintained 

under the OMB Public Input System of 

Records, OMB/INPUT/01; the system of 

records notice accessible at 88 FR 20913 

(https://www.federalregister.gov/ 

documents/2023/04/07/2023-07452/ 

privacy-act-of-1974-system-of-records) 

includes a list of routine uses associated 

with the collection of this information. 

FOR FURTHER INFORMATION CONTACT: Alex 

Goodenough, Office of Management and 

Budget, via email at MBX.OMB.PIA_

RFI_FY24@omb.eop.gov or via phone at 

202–395–3039. 

SUPPLEMENTARY INFORMATION: Privacy 

safeguards are foundational to the 

Executive Branch’s ability to maintain 

the public’s trust, and analysis of 

privacy risks associated with the various 

activities of Executive Branch 

departments and agencies (‘‘agencies’’) 

is key to establishment of those 

safeguards. PIAs are a tool that agencies 

use to conduct that analysis. Indeed, as 

described in OMB’s Circular No. A–130, 

Managing Information as a Strategic 

Resource, ‘‘[a] PIA is one of the most 

valuable tools Federal agencies use to 

ensure compliance with applicable 

privacy requirements and manage 

privacy risks.’’ 2 In addition to being a 

key analytical tool, PIAs also make 

available to the public agencies’ analysis 

of privacy risks and safeguards put in 

place to mitigate those risks. 

Requirements exist in statute and in 

OMB guidance for how agencies 

conduct and publish PIAs. Section 208 

of the E-Government Act establishes 

minimum requirements for PIAs, and it 

requires the OMB Director to issue 

guidance on the required contents of 

PIAs.3 OMB M–03–22, OMB Guidance 

for Implementing the Privacy Provisions 

of the E-Government Act of 2002, 

requires agencies to ‘‘conduct privacy 

impact assessments for electronic 

information systems and collections 

and, in general, make them publicly 

available.’’ 4 Additionally, it includes 

requirements related to certain agency 

contractors. OMB reinforced and built 

on the requirements in OMB M–03–22 

through additional guidance on PIAs in 

OMB M–10–23, Guidance for Agency 

Use of Third-Party websites and 

Applications,5 and in OMB Circular No. 

A–130. 

As agency programs and services 

increasingly rely on rapidly advancing 

technology and data capabilities (e.g., 

artificial intelligence), the privacy risk 

landscape also is evolving. Existing 

privacy risks are escalating, and new 

privacy risks are emerging. It is 

important to hear from the public as 

OMB considers what updates to PIA 

guidance may be necessary to ensure 

that PIAs continue to facilitate robust 

analysis and transparency about how 

agencies address these evolving privacy 

risks. 

Seeking Input on Improving the Use of 

PIAs To Mitigate Privacy Risks 

OMB developed this RFI in 

consultation with the Department of 

Justice, National Economic Council, and 

Office of Science and Technology 

Policy, in accordance with Executive 

Order 14110. OMB seeks responses to 

the following questions: 

Role of PIAs in Addressing and 

Mitigating Privacy Risks 

1. A wide range of privacy risks are 

associated with the creation, collection, 

use, processing, storage, maintenance, 

dissemination, disclosure, and disposal 

of personally identifiable information 

(PII). What improvements to OMB 

guidance on PIAs as analytical tools and 

notices to the public would assist 

agencies in identifying, addressing, and 

mitigating these risks, including when 

an agency: 

a. Develops, procures, or uses 

information technology to handle PII; 

b. Initiates, consistent with the 

Paperwork Reduction Act, a new 

electronic collection of information that 

contains PII; 

c. Uses a third-party website or 

application that makes PII available to 

the agency; or 

d. Engages in a relevant cross-agency 

initiative that involves PII? 

2. What other models or best practices 

for conducting and documenting PIAs 

or similar analyses could improve 

agencies’ PIAs? 

a. Are there approaches to analyzing 

and documenting how an entity 

addresses and mitigates privacy risks 

used by non-federal government 

entities, specific sectors or industries, 

academia, or civil society that OMB 

should consider? 

b. Are there similar approaches to 

analyzing and documenting how an 

entity addresses and mitigates other 

risks in information governance (e.g., 

security risks) that OMB should 

consider from other federal guidance or 

frameworks? 

3. What guidance should OMB 

consider providing to agencies to help 

reduce any duplication that may arise in 

preparing PIAs along with other 

assessments focused on managing risks 

(e.g., security authorization packages or 

the AI impact assessments proposed in 

OMB’s Draft Memorandum on 

Advancing Governance, Innovation, and 

Risk Management for Agency Use of 

Artificial Intelligence 6) and to support 

these assessments’ different functions? 

Role of PIAs in Facilitating 

Transparency 

4. What role do PIAs play in your 

search for information about how 

agencies handle PII and address privacy 

risks? For what purpose(s) do you read 

agencies’ PIAs? 

5. What improvements to PIAs would 

help you better understand agencies’ 

assessment of privacy impacts and risk 

mitigation strategies? 

a. What improvement(s) would you 

recommend to make it easier to find and 

access agencies’ PIAs? 

b. What improvement(s) would you 

recommend to make it easier to read and 

understand agencies’ PIAs? 

6. How can agencies increase 

awareness of PIAs among stakeholders? 

Privacy Risks Associated With Advances 

in Technology and Data Capabilities, 

Including AI 

7. AI and AI-enabled systems used by 

agencies can rely on data that include 

PII, and agencies may develop those 

systems or procure them from the 

private sector. 

a. What privacy risks specific to the 

training, evaluation, or use of AI and AIenabled systems (e.g., related to AI 

system inputs and outputs, including 


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Federal Register / Vol. 89, No. 20 / Tuesday, January 30, 2024 / Notices 5947 

7Section 3(f) of Executive Order 14110 defines 

‘‘commercially available information’’ as ‘‘any 

information or data about an individual or group of 

individuals, including an individual’s or group of 

individuals’ device or location, that is made 

available or obtainable and sold, leased, or licensed 

to the general public or to governmental or nongovernmental entities.’’ 88 FR 75194. 

8OMB M–03–22, attach. A, section II.B.b.6. 

inferences and assumptions; obtaining 

consent to use the data involved in 

these activities; or AI-facilitated 

reidentification) should agencies 

consider when conducting PIAs? 

b. What guidance updates should 

OMB consider to improve how agencies 

address and mitigate the privacy risks 

that may be associated with their use of 

AI? 

8. What role should PIAs play in how 

agencies identify and report on their use 

of commercially available information 

(CAI) 7 that contains PII? 

a. What privacy risks specific to CAI 

should agencies consider when 

conducting PIAs? 

b. OMB M–03–22 requires PIAs 

‘‘when agencies systematically 

incorporate into existing information 

systems databases of information in 

identifiable form purchased or obtained 

from commercial or public sources,’’ 

while noting that ‘‘[m]erely querying 

such a source on an ad hoc basis using 

existing technology does not trigger the 

PIA requirement.’’ 8 What guidance 

updates should OMB consider to 

improve how agencies address and 

mitigate the privacy risks that may be 

associated with their use of CAI that 

contains PII? 

9. What guidance updates should 

OMB consider to improve how agencies 

address and mitigate the privacy risks 

that may be associated with their use of 

other emerging technology and data 

capabilities? 

Other Considerations 

10. What else could help promote 

greater effectiveness and consistency 

across agencies in how they approach 

PIAs? 

11. What else should OMB consider 

when evaluating potential updates to its 

guidance on PIAs? 

Richard L. Revesz, 

Administrator, Office of Information and 

Regulatory Affairs. 

[FR Doc. 2024–01756 Filed 1–26–24; 8:45 am] 

BILLING CODE 3110–01–P 

NATIONAL SCIENCE FOUNDATION 

Sunshine Act Meetings 

FEDERAL REGISTER CITATION OF PREVIOUS

ANNOUNCEMENT: The meeting was 

noticed on January 25, 2024, at 89 FR 

4998. 

PREVIOUSLY ANNOUNCED TIME AND DATE OF

THE MEETING: Monday, January 26, 2024, 

from 3:00–5:00 p.m. Eastern. 

CHANGE IN THE MEETING: The correct date 

for the meeting is Monday, January 29, 

2024. The time remains the same. 

CONTACT PERSON FOR MORE INFORMATION: 

Point of contact for this meeting is: 

Chris Blair, cblair@nsf.gov, 703/292– 

7000. 

Christopher Blair, 

Executive Assistant to the National Science 

Board Office. 

[FR Doc. 2024–01851 Filed 1–26–24; 11:15 am] 

BILLING CODE 7555–01–P 

OFFICE OF PERSONNEL 

MANAGEMENT 

Submission for Review: 3206–0201, 

Federal Employees Health Benefits 

(FEHB) Open Season Express 

Interactive Voice Response (IVR) 

System and Open Season Website 

AGENCY: Office of Personnel 

Management. 

ACTION: 30-Day notice and request for 

comments. 

SUMMARY: The Office of Personnel 

Management (OPM), Retirement 

Services, offers the general public and 

other Federal agencies the opportunity 

to comment on an expiring information 

collection request (ICR), with change: 

3206–0201, Federal Employees Health 

Benefits (FEHB) Open Season Express 

Interactive Voice Response (IVR) System 

and the Open Season website, Open 

Season Online. 

DATES: Comments are encouraged and 

will be accepted until February 29, 

2024. 

ADDRESSES: Interested persons are 

invited to submit written comments on 

the proposed information collection to 

the Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, 725 17th Street NW, 

Washington, DC 20503, Attention: Desk 

Officer for the Office of Personnel 

Management or sent via electronic mail 

to oira_submission@omb.eop.gov or 

faxed to (202) 395–6974. 

FOR FURTHER INFORMATION CONTACT: A 

copy of this ICR, with applicable 

supporting documentation, may be 

obtained by contacting the Retirement 

Services Publications Team, Office of 

Personnel Management, 1900 E Street 

NW, Room 3316–L, Washington, DC 

20415, Attention: Cyrus S. Benson, or 

sent via electronic mail to 

RSPublicationsTeam@opm.gov or faxed 

to (202) 606–0910 or via telephone at 

(202) 936–0403. 

SUPPLEMENTARY INFORMATION: As 

required by the Paperwork Reduction 

Act of 1995 (Pub. L. 104–13, 44 U.S.C. 

chapter 35), as amended by the ClingerCohen Act (Pub. L. 104–106), OPM is 

soliciting comments for this collection. 

This information collection (OMB No. 

3206–0201) was previously published in 

the Federal Register on November 14, 

2023, at 88 FR 78069, allowing for a 60- 

day public comment period. No 

comments were received for this 

collection. The purpose of this notice is 

to allow an additional 30 days for public 

comments. The Office of Management 

and Budget is particularly interested in 

comments that: 

1. Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

2. Evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

3. Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

4. Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submissions 

of responses. 

Federal Employees Health Benefits 

(FEHB) Open Season Express Interactive 

Voice Response (IVR) System, and the 

Open Season website, Open Season 

Online, are used by retirees and 

survivors. They collect information for 

changing FEHB enrollments, collecting 

dependent and other insurance 

information for self and family 

enrollments, requesting plan brochures, 

requesting a change of address, 

requesting cancellation or suspension of 

FEHB benefits, asking to make payment 

to the Office of Personnel Management 

when the FEHB payment is greater than 

the monthly annuity amount, or for 

requesting FEHB plan accreditation and 

Customer Satisfaction Survey 

information. 

The revisions are as follows: The 

Open Season enrollment dates have 

been updated to reflect the upcoming 

benefits year of 2024 and enrollment 

period of November 13, 2023 through 

December 11, 2023. The Public Burden 


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