Federal Register / Vol. 89, No. 43 / Monday, March 4, 2024 / Notices 15603 

receives federal oversight like many 

independent, nonprofit organizations, it 

is not a federal agency. The PWSRCAC 

is a local organization that predates the 

passage of OPA 90. The existence of the 

PWSRCAC was specifically recognized 

in OPA 90 where it is defined as an 

‘‘alternative voluntary advisory group.’’ 

Alyeska Pipeline Service Company 

funds the PWSRCAC, and the Coast 

Guard ensures the PWSRCAC operates 

in a fashion that is broadly consistent 

with OPA 90. 

Recertification: By letter dated 

February 27, 2024, the Commander, 

Seventeenth Coast Guard District, 

certified that the PWSRCAC qualifies as 

an alternative voluntary advisory group 

under 33 U.S.C. 2732(o). This 

recertification terminates on February 

28, 2025. 

Dated: February 27, 2024. 

M.M. Dean, 

Rear Admiral, U.S. Coast Guard, Commander, 

Seventeenth Coast Guard District. 

[FR Doc. 2024–04489 Filed 3–1–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–7092–N–17] 

Privacy Act of 1974; System of 

Records 

AGENCY: Office of General Counsel, 

HUD. 

ACTION: Notice of a modified system of 

records. 

SUMMARY: Under the provisions of the 

Privacy Act of 1974, as amended, the 

Department of Housing and Urban 

Development (HUD), Office of General 

Counsel (OGC), is issuing a public 

notice of its intent to modify a system 

of records entitled, ‘‘eDiscovery 

Management System’’ (EDMS). This 

System of Records Notice (SORN) 

covers two systems: the eDiscovery 

Management System (EDMS) and 

Relativity. Both systems will exist 

simultaneously as part of the eDiscovery 

process. These systems are cloud and 

client-server based, respectively and 

rely on workflow management from the 

EDMS SharePoint instance hosted in the 

HUD SharePoint environment. The 

modification makes updates to the 

Categories of Individuals, Record Source 

Categories, and Routine Use. The 

updates are explained in the 

SUPPLEMENTARY INFORMATION section of 

this notice. Specific modification 

includes the following: changes to 

record source categories, and updated 

routine use sections. 

DATES: Comments will be accepted on or 

before April 3, 2024. The proposed new 

routine use actions will be 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 by one 

method: 

Federal e-Rulemaking Portal: http://

www.regulations.gov. Follow the 

instructions provided on that site to 

submit comments electronically. 

Fax: 202–619–8365. 

Email: www.privacy@hud.gov. 

Mail: Attention: Privacy Office; Mr. 

LaDonne White, Chief Privacy Officer; 

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. 

FOR FURTHER INFORMATION CONTACT: 

LaDonne White, 451 Seventh Street SW, 

Room 10139; Washington, DC 20410– 

0001; 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, 

Office of General Counsel in 

conjunction with the eDiscovery 

contractor maintains the eDiscovery 

Management System (EDMS) and 

Relativity system of records. eDiscovery 

is the process in which attorneys 

overseeing court-ordered discovery or 

litigation may request electronically 

stored information (ESI), tangible data, 

and other evidence relevant to the case 

for specified individuals for litigation 

purposes. The eDiscovery process 

consists of two systems that are closely 

interrelated, and both are consistently 

used in the eDiscovery process. EDMS 

is the system utilized to issue and track 

various eDiscovery templates and 

allows users to submit data 

preservation/collection and keyword 

search requests, and for specific data 

(email, G:drive/One Drive, J:drive, 

C:drive, SharePoint, Teams data, etc.) to 

be preserved or collected in accordance 

with the user request. EDMS provides 

the Department with a method to 

initiate, track, preserve, collect to 

produce data in response to discovery 

requests, court-ordered discovery/ 

litigation, Freedom of Information Act 

(FOIA) requests, Officer of Inspector 

General (OIG) investigations, Office of 

Special Counsel (OSC) and 

Congressional Oversight Committee 

requests. EDMS also includes secure 

folders to create and store various 

eDiscovery templates, including 

Litigation Hold memoranda, eDiscovery 

Certifications, Closure Letters, and any 

other documents related to the 

discovery process as well as a workflow 

for users to submit ESI data collection 

requests and ESI search requests. EDMS 

relies on tracking and workflow 

management from the EDMS SharePoint 

instance hosted in the HUD SharePoint 

environment. The Relativity system is 

the litigation review tool portion of the 

eDiscovery process that allows users to 

review data for relevance and privilege 

before producing data to a court or other 

outside party. The two systems are 

closely interrelated; if a case proceeds to 

discovery/litigation, the data that was 

previously collected in a network 

storage location by the HUD eDiscovery 

contractor via the EDMS system is 

processed and provided to the user for 

review in Relativity. The user can then 

request an export from Relativity to 

produce the data for a court or other 

outside party in response to discovery/ 

litigation obligations. The following are 

updates since the previous SORN 

publication: 

Records Source Categories: Updated 

to cover all electronic record sources for 

internal and external systems to HUD. 

Routine Use of Records: Updated to 

cover routine uses that are new, 

modified, or removed. Routine Use 1 

has not changed. Routine Use 2 has 

been rewritten to avoid duplicating 

permissible disclosures under 5 U.S.C. 

552a(b)(6) and to permit disclosures to 

the Office of Government Information 

Services (OGIS), National Archives and 

Records Administration (NARA), in 

connection with OGIS’s responsibilities 

under the Freedom of Information Act. 

Former Routine Use 3 has been split 

into two distinct routine uses and 

rewritten to reflect OMB guidance. 

Specifically, Routine Use 3 was 

modified to reflect OMB’s guidance 

from May 24, 1985. The second half of 

former Routine Use 3 was renumbered 

as Routine Use 5 and modified to reflect 

OMB’s guidance from July 9, 1975 (40 

FR 28948). Former Routine Uses 4 and 

6 have been removed as unnecessary for 


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15604 Federal Register / Vol. 89, No. 43 / Monday, March 4, 2024 / Notices 

this system. Former Routine Use 5 has 

been renumbered to Routine Use 4 and 

modified to clarify that contractors are 

subjected by statute to the Privacy Act’s 

requirements. Former Routine Use 7 has 

been renumbered to Routine Use 6 and 

modified to reflect OMB’s guidance 

from May 24, 1985. Former Routine Use 

8 has been renumbered to Routine Use 

7. Former Routine Use 9 has been 

removed and replaced by Routine Uses 

8 and 9 to comply with OMB 

Memorandum 17–12. Routine Use 10 

has been removed as unnecessary for 

this system. Routine Use 11 has been 

removed as unnecessary for this system. 

SYSTEM NAME AND NUMBER: 

eDiscovery Management System 

(EDMS), HUD/OGC–01. 

SECURITY CLASSIFICATION: 

Unclassified. 

SYSTEM LOCATION: 

Records are maintained on servers at 

the National Center for Critical 

Information Processing and Storage 

(NCCIPS), 9325 Cypress Loop RD., 

Stennis Space Center, MS 39529 and on 

HUD Azure Cloud managed by HUD’s 

Office of the Chief Information Officer 

(OCIO) at 451 Seventh Street SW, Room 

4160, Washington, DC 20410–0001. 

SYSTEM MANAGER(S): 

Tenille Washburn, Assistant General 

Counsel, Office of General Counsel 

Field Management, and IT Division, 

HUD, 451 Seventh Street SW, Room 

10286, Washington, DC 20410–0001; 

Telephone number (202) 402–6536. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

40 U.S.C. 11315 and 44 U.S.C. 3506. 

In addition, the federal statutes that 

authorize the collection and storage of 

ESI for other purposes including FOIA, 

OIG investigations, and Congressional 

requests include: The Freedom of 

Information Act. 5 U.S.C 552 for 

responses to the FOIA requests. The 

Legislative Reorganization Act of 1970 

(Pub. L. 91–510) and implied in the 

Constitution of the Unites States for 

responses to Congressional Oversight 

Committee requests; and The Inspector 

General Act of 1978 as amended, 5 

U.S.C app. (Pub. L. 95–452, sec. 1, Oct. 

12, 1978, 92 Stat. 1101) (sec. 6(a)(1) 

authorizes OIG to have access to records 

and other documentation). 

PURPOSE(S) OF THE SYSTEM: 

The purpose of the eDiscovery 

process and systems are in direct 

response to the eDiscovery legal and 

business requirements stated in the 

Federal Rules of Civil Procedure (FRCP) 

and case law. The eDiscovery 

obligations require the preservation/ 

collection and possible production of 

electronically stored information (ESI) 

related to any individual who may have 

data or other records related to 

‘‘reasonably anticipated’’ litigation. The 

individuals subject to the eDiscovery 

requirements include employees across 

all HUD offices nationwide as well as 

contractors. The eDiscovery systems and 

process assist HUD to preserve, collect, 

and review ESI and data of any 

individual who is, or will be, in 

discovery or litigation with HUD. 

Relativity facilitates data analysis, 

review (relevance, privilege etc.), 

tagging, redaction, privilege log, and 

production of ESI and data to respond 

to litigation discovery requirements. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

All persons subject to a litigation hold 

due to a ‘‘reasonable anticipation of 

litigation’’ as determined by HUD’s OGC 

based on anticipated litigation trigger 

dates for the various types of litigation 

across the Department; all persons 

deemed a participant of past or present 

litigation or anticipated litigation where 

HUD is involved; and specified 

individuals impacted by FOIA requests, 

discovery/litigation, OIG investigations, 

Congressional Oversight Committee 

requests and other cases in HUD. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Individual(s) name; Individual(s) 

work address; Individual(s) work email 

address; Individual(s) work phone 

number; HUD Submitter Office 

Location; Case name; Case number; Case 

Type (Litigation, FOIA, OIG, 

Congressional) Date Range for requested 

Electronically Stored Information (ESI) 

collection; and Requested Data Sources 

for ESI (e.g., email data, C:drive, 

G:drive, One Drive, J:drive, SharePoint, 

Teams data). 

RECORD SOURCE CATEGORIES: 

HUD employees and contractors. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

PURPOSES OF SUCH USES: 

1. To a Congressional office from the 

record of an individual in response to 

an inquiry from that Congressional 

office made at the request of the 

individual to whom the records pertain. 

2. 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’ offering of mediation 

services to resolve disputes between 

persons making FOIA requests and 

administrative agencies. 

3. 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. 

4. To contractors, grantees, experts, 

consultants, and the agents thereof, and 

others performing or working on a 

contract, service, grant, cooperative 

agreement, or other assignment for 

HUD, when necessary, to accomplish an 

agency function related to its system of 

records. Disclosure is limited to only 

those data elements considered relevant 

to accomplish an agency function. 

Contractors provided information under 

this routine use are subject to the same 

Privacy Act requirements and 

limitations on disclosure as are 

applicable to HUD officers and 

employees. 

5. 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 and when such records, 

either alone or in conjunction with 

other information, indicate a violation 

or potential violation of law. 

6. 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 


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Federal Register / Vol. 89, No. 43 / Monday, March 4, 2024 / Notices 15605 

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. 

7. To a grand jury agent pursuant 

either to a federal or state grand jury 

subpoena, or to a prosecution request 

that such record be released for the 

purpose of its introduction to a grand 

jury, where the subpoena or request has 

been specifically approved by a court. 

8. 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) [the 

agency] has determined that as a result 

of the suspected or confirmed breach 

there is a risk of harm to individuals, 

HUD (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 agency’s] efforts to 

respond to the suspected or confirmed 

breach or to prevent, minimize, or 

remedy such harm. 

9. To another Federal agency or 

Federal entity, when HUD determines 

that information from this system of 

records is reasonably necessary to assist 

the recipient agency or entity in (1) 

responding to 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. 

POLICIES AND PRACTICES FOR STORAGE OF

RECORDS: 

Electronic. 

POLICIES AND PRACTICES FOR RETRIEVAL OF

RECORDS: 

Individual(s) name and work email 

address. 

POLICIES AND PRACTICIES FOR RETENTION AND

DISPOSAL OF RECORDS: 

Temporary. Data and paper records 

subject to a litigation hold are preserved 

for the duration of the litigation hold. 

Litigation files having an unusual 

significance to the Department are kept 

for seven years after entry of order or 

last appeal. Other litigation files are 

kept for four years after entry of order 

or last appeal. Files kept on 

administrative adjudications are kept for 

six years after entry of order or last 

appeal. 

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL

SAFEGUARDS: 

Strict quality and access controls have 

been imposed to minimize the risk of 

compromising the information that is 

being stored. Access to the computer 

system containing the data/records in 

EDMS is limited to those individuals 

who are authorized to access by 

appropriate security clearances and user 

ID/password permissions. Only 

assigned users with a need-to-know are 

allowed access, on a case-by-case basis, 

after going through HUD’s background 

investigation process. 

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: 

For those records within the system 

collected and maintained pursuant to 

the Federal Rules of Civil Procedure 

and/or for the purpose of civil 

discovery, action or proceeding, 5 

U.S.C. 552a(d)(5) will apply, which 

states ‘‘nothing in this [Act] shall allow 

an individual access to any information 

compiled in reasonable anticipation of a 

civil action or proceeding.’’. 

HISTORY: 

Docket No. FR–5613–N–06–C 

published on February 11, 2013 at 78 FR 

9721. 

LaDonne White, 

Chief Privacy Officer, Office of 

Administration. 

[FR Doc. 2024–04474 Filed 3–1–24; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

[NPS–WASO–NAGPRA–NPS0037507; 

PPWOCRADN0–PCU00RP14.R50000] 

Notice of Inventory Completion: 

Folsom History, Folsom, CA 

AGENCY: National Park Service, Interior. 

ACTION: Notice. 

SUMMARY: In accordance with the Native 

American Graves Protection and 

Repatriation Act (NAGPRA), Folsom 

History has completed an inventory of 

human remains and associated funerary 

objects and has determined that there is 

a cultural affiliation between the human 

remains and associated funerary objects 

and Indian Tribes or Native Hawaiian 

organizations in this notice. The human 

remains and associated funerary objects 

were removed from Sacramento County, 

CA. 

DATES: Repatriation of the human 

remains and associated funerary objects 

in this notice may occur on or after 

April 3, 2024. 

ADDRESSES: Shelby Sorensen, Folsom 

History, 823 Sutter Street, Folsom, CA 

95630, telephone (916) 985–2707, email 

shelby@folsomhistory.org. 

SUPPLEMENTARY INFORMATION: This 

notice is published as part of the 

National Park Service’s administrative 

responsibilities under NAGPRA. The 

determinations in this notice are the 

sole responsibility of Folsom History. 

The National Park Service is not 

responsible for the determinations in 

this notice. Additional information on 

the determinations in this notice, 

including the results of consultation, 

can be found in the inventory or related 

records held by Folsom History. 

Description 

Human remains representing, at 

minimum, one individual were removed 

from Sacramento County, CA. The 

human remains, one 2′′ bone—likely a 

4th right metacarpal, were accessioned 

on April 15, 2005, at Folsom History. 

Donor information is available upon 

request. The location of the burial is 

possibly near How and Folsom Blvd. in 


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