Federal Register / Vol. 77, No. 156 / Monday, August 13, 2012 / Notices 48199 

these Determinations be published in 

the Federal Register. 

FOR FURTHER INFORMATION CONTACT: For 

further information, including a list of 

the exhibit objects, contact Paul W. 

Manning, Attorney-Adviser, Office of 

the Legal Adviser, U.S. Department of 

State (telephone: 202–632–6469). The 

mailing address is U.S. Department of 

State, SA–5, L/PD, Fifth Floor (Suite 

5H03), Washington, DC 20522–0505. 

Dated: August 6, 2012. 

J. Adam Ereli, 

Principal Deputy Assistant Secretary, Bureau 

of Educational and Cultural Affairs, 

Department of State. 

[FR Doc. 2012–19800 Filed 8–10–12; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF STATE 

[Public Notice 7978] 

Culturally Significant Objects Imported 

for Exhibition Determinations: 

‘‘Bernini: Sculpting in Clay’’ 

SUMMARY: Notice is hereby given of the 

following determinations: Pursuant to 

the authority vested in me by the Act of 

October 19, 1965 (79 Stat. 985; 22 U.S.C. 

2459), Executive Order 12047 of March 

27, 1978, the Foreign Affairs Reform and 

Restructuring Act of 1998 (112 Stat. 

2681, et seq.; 22 U.S.C. 6501 note, et 

seq.), Delegation of Authority No. 234 of 

October 1, 1999, and Delegation of 

Authority No. 236–3 of August 28, 2000 

(and, as appropriate, Delegation of 

Authority No. 257 of April 15, 2003), I 

hereby determine that the objects to be 

included in the exhibition ‘‘Bernini: 

Sculpting in Clay,’’ imported from 

abroad for temporary exhibition within 

the United States, are of cultural 

significance. The objects are imported 

pursuant to loan agreements with the 

foreign owners or custodians. I also 

determine that the exhibition or display 

of the exhibit objects at the Metropolitan 

Museum of Art, New York, New York, 

from on or about October 3, 2012, until 

on or about January 6, 2013, the Kimbell 

Art Museum, Fort Worth, Texas, from 

on or about February 3, 2013, until on 

or about April 14, 2013, and at possible 

additional exhibitions or venues yet to 

be determined, is in the national 

interest. I have ordered that Public 

Notice of these Determinations be 

published in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: For 

further information, including a list of 

the exhibit objects, contact Paul W. 

Manning, Attorney-Adviser, Office of 

the Legal Adviser, U.S. Department of 

State (telephone: 202–632–6469). The 

mailing address is U.S. Department of 

State, SA–5, L/PD, Fifth Floor (Suite 

5H03), Washington, DC 20522–0505. 

Dated: August 7, 2012. 

J. Adam Ereli, 

Principal Deputy Assistant Secretary, Bureau 

of Educational and Cultural Affairs, 

Department of State. 

[FR Doc. 2012–19798 Filed 8–10–12; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF STATE 

[Public Notice 7979] 

Privacy Act; System of Records: State35, Information Access Programs 

Records 

SUMMARY: Notice is hereby given that 

the Department of State proposes to 

amend an existing system of records, 

Information Access Programs Records, 

State-35, pursuant to the provisions of 

the Privacy Act of 1974, as amended (5 

U.S.C. 552a) and Office of Management 

and Budget Circular No. A–130, 

Appendix I. 

DATES: This system of records will be 

effective on September 24, 2012, unless 

we receive comments that will result in 

a contrary determination. 

ADDRESSES: Any persons interested in 

commenting on the amended system of 

records may do so by writing to the 

Director; Office of Information Programs 

and Services, A/GIS/IPS; Department of 

State, SA–2; 515 22nd Street NW.; 

Washington, DC 20522–8001. 

FOR FURTHER INFORMATION CONTACT: 

Director; Office of Information Programs 

and Services, A/GIS/IPS; Department of 

State, SA–2; 515 22nd Street NW.; 

Washington, DC 20522–8001. 

SUPPLEMENTARY INFORMATION: The 

Department of State proposes that the 

current system retain the name 

‘‘Information Access Programs 

Records.’’ The proposed system will 

include revisions to the following 

sections: Categories of individuals, 

Categories of records, Authorities, 

Purpose, Routine Uses, Safeguards, and 

other administrative updates. The 

following section has been added to the 

system of records, Information Access 

Programs Records, State-35, to ensure 

Privacy Act of 1974 compliance: 

Disclosure to Consumer Reporting 

Agencies. 

The Department’s report was filed 

with the Office of Management and 

Budget. The amended system 

description, ‘‘Information Access 

Programs Records, State-35,’’ will read 

as set forth below. 

Dated: June 18, 2012. 

Joyce A. Barr, 

Assistant Secretary for Administration, U.S. 

Department of State. 

STATE-35 

SYSTEM NAME: 

Information Access Programs Records. 

SECURITY CLASSIFICATION: 

Unclassified and Classified. 

SYSTEM LOCATION: 

Department of State; SA–2; 515 22nd 

Street NW.; Washington, DC 20522– 

8001. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Individuals requesting access to 

Department of State records under the 

Freedom of Information Act, the Privacy 

Act, the Ethics in Government Act, the 

access provisions of Executive Order 

13526 or a successor order on national 

security information, and Touhy 

regulations. Also covered are 

individuals and entities requesting 

access to Department of State records 

pursuant to certain other authorities for 

special document requests, discovery 

and litigation support requests. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Records in the system include but are 

not limited to the request letters and 

Department responses, copies of 

responsive records (if applicable) and 

any other correspondence, memoranda, 

interrogatories and declarations related 

to the processing of the request from the 

initial receipt stage through to 

completion, amendment, appeal and 

litigation. 

Hard copy records and electronic 

records may contain: the date of the 

request; requester’s name and 

requester’s mailing and email address; 

Social Security number (if provided by 

the requester) or other personal 

identifiers; place of birth, and/or date of 

birth in the form of scanned hardcopy 

documents or case tracking information 

entered into the system during the 

initial processing stage; type of case; 

case number; dates of acknowledgement 

letters; fee categories; search and review 

taskings; number of documents/pages 

found, reviewed and released or denied; 

date of response and, where applicable, 

the exemptions applied pursuant to the 

Freedom of Information Act or Privacy 

Act. These records may also contain 

names, addresses and phone numbers of 

attorneys, law firms, judges and U.S. 

attorneys involved with the processing 

or litigation of the case, as well as 

separate but related court decisions. 

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48200 Federal Register / Vol. 77, No. 156 / Monday, August 13, 2012 / Notices 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

5 U.S.C. 301 (Management of 

Executive Agencies); 5 U.S.C. 552 

(Freedom of Information Act); 5 U.S.C. 

552a (Privacy Act); 22 U.S.C. 2651a 

(Organization of the Department of 

State); 22 U.S.C. 3921 (Management of 

Foreign Service) and Executive Order 

13526 (Classified National Security 

Information). 

PURPOSE: 

The information in this system 

supports the Department in the 

administration of its statutory 

responsibility for processing requests for 

access; amendments; appeals; special 

projects for Congress, the Government 

Accountability Office, and the 

Department of Justice in support of 

court orders and subpoenas; discovery, 

litigation support, and litigation 

pursuant to the Freedom of Information 

Act, the Privacy Act, Executive Order 

13526 or a successor order on national 

security information, and Touhy 

regulations. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

Information in this system may be 

disclosed to: 

1. Government agencies that have 

custody of Department of State records 

or that share with the Department 

responsibility for granting access to 

certain categories of records, to 

coordinate decisions on access to 

records; 

2. Government agencies for 

concurrence reviews in 

recommendations for access to 

classified or restricted material and in 

making appropriate arrangements for 

such access; 

3. A Court or adjudicative body for a 

proceeding, when the agency, or any 

component thereof, or any employee of 

the agency in his or her official capacity, 

is a party to litigation or has an interest 

in such litigation, and the agency 

determines that use of such records is 

relevant and necessary to the litigation; 

4. Department of Justice for the 

purpose of obtaining its advice on any 

aspect of the processing of requests for 

information under the access provisions 

of the laws or in connection with 

litigation; 

5. Actual or potential party to 

litigation or the party’s attorney for the 

purpose of negotiation or discussion on 

such matters as settlement of the case or 

matter, plea bargaining or in formal or 

informal discovery proceedings; 

6. Office of Management and Budget, 

National Archives and Records 

Administration or the Interagency 

Security Oversight Office, for the 

purpose of obtaining advice regarding 

agency obligations under any access 

provisions or restrictions of law; 

7. Interagency Security Classification 

Appeals Panel or member agencies for 

the purpose of obtaining advice 

regarding agency obligations under any 

access provisions or restrictions of law; 

and 

8. In response to a properly issued 

subpoena. 

9. 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, and to 

facilitate OGIS’ offering of mediation 

services to resolve disputes between 

persons making FOIA requests and 

administrative agencies. 

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. These standard 

routine uses apply to Information 

Access Programs Records, State-35. 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

None. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Hard copy and electronic media. 

RETRIEVABILITY: 

Individual name, case number. 

SAFEGUARDS: 

All users are given cyber security 

awareness training which covers the 

procedures for handling Sensitive but 

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. 

Before being granted access to 

Information Access Programs Records, a 

user must first be granted access to the 

Department of State computer system. 

All employees of the Department of 

State with authorized access have 

undergone a thorough background 

security investigation. 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. 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 passwordprotected and under the direct 

supervision of the system manager. In 

addition, all cases and user-accessible 

records containing PII are only 

accessible by cleared individuals whose 

login is contained on the Access Control 

List (ACL). If an individual is not listed 

on the ACL, he/she does not have any 

access to electronic records containing 

PII in the system. 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. 

RETENTION AND DISPOSAL: 

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). 

More specific information may be 

obtained by writing to the Director; 

Office of Information Programs and 

Services, A/GIS/IPS; SA–2, Department 

of State; 515 22nd Street NW.; 

Washington, DC 20522–8001. 

SYSTEM MANAGER(S) AND ADDRESS: 

Director, Office of Information 

Programs and Services, SA–2; 

Department of State; 515 22nd Street 

NW.; Washington, DC 20522–8001. 

NOTIFICATION PROCEDURE: 

Individuals who have reason to 

believe that the Office of Information 

Programs and Services might have 

records maintained under their name or 

personal identifier should write to the 

Director, Office of Information Programs 

and Services; SA–2; Department of 

State; 515 22nd Street NW.; 

Washington, DC 20522–8001. The 

individual must specify that he/she 

wishes the system to be checked. At a 

minimum, the individual must include: 

Name; date and place of birth; current 

mailing address and zip code; signature; 

case number if available; and other 

information helpful in identifying the 

record. 

RECORD ACCESS PROCEDURES: 

Individuals who wish to gain access 

to or amend records pertaining to 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 77, No. 156 / Monday, August 13, 2012 / Notices 48201 

themselves should write to the Director, 

Office of Information Programs and 

Services (address above). 

CONTESTING RECORD PROCEDURES: 

(See above.) 

RECORD SOURCE CATEGORIES: 

These records may contain 

information obtained from the requester, 

attorneys representing the requester and 

others authorized to represent 

requesters, records systems searched, 

and officials of other government 

agencies who may have provided/ 

referred information relative to the 

request including, but not limited to 

documents, advice, concurrence, 

recommendations and disclosure 

determinations. 

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS

OF THE ACT: 

Pursuant to 5 U.S.C. 552a(j)(2), 

records in this system of records may be 

exempted from any part of the Privacy 

Act except 5 U.S.C. 552a(b), (c)(1) and 

(2), (e)(4)(A) through (F), (e)(6), (7), (9), 

(10), and (11), and (i). 

Pursuant to 5 U.S.C. 552a(k)(1), (k)(2), 

(k)(3), (k)(4), (k)(5), (k)(6), and (k)(7), 

records in this system of records may be 

exempted from 5 U.S.C. 552a(c)(3), (d), 

(e)(1), (e)(4)(G), (H), and (I) and (f). 

When the Department of State is 

processing requests under the purpose 

of this system, exempt materials from 

other systems of records may become 

part of the records in this system. To the 

extent that copies of exempt records 

from other systems of records are 

entered into this system, the Department 

of State hereby claims the same 

exemptions for those records that are 

claimed for the original primary systems 

of records from which they originated. 

[FR Doc. 2012–19796 Filed 8–10–12; 8:45 am] 

BILLING CODE 4710–24–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Membership in the National Parks 

Overflights Advisory Group Aviation 

Rulemaking Committee 

AGENCY: Federal Aviation 

Administration, Transportation. 

ACTION: Notice. 

SUMMARY: By Federal Register notice 

(See 77 FR 27835–27836; May 11, 2012) 

the National Park Service (NPS) and the 

Federal Aviation Administration (FAA) 

invited interested persons to apply to 

fill six upcoming openings on the 

National Parks Overflights Advisory 

Group (NPOAG) Aviation Rulemaking 

Committee (ARC). The notice invited 

interested persons to apply to fill six 

vacancies representing commercial air 

tour operators (2), general aviation (1), 

Native American tribal (1), and 

environmental (2) concerns due to the 

incumbent members’ completion of 

three-year term appointments on 

October 9, 2012. This notice informs the 

public of the persons selected to fill five 

of the six vacancies on the NPOAG 

ARC. Vacancies filled include the two 

commercial tour operator openings, the 

general aviation opening, the tribal 

opening, and one of the environmental 

openings. Since the previous notice did 

not draw enough responses from 

individuals for the remaining 

environmental vacancy, NPS and FAA 

are also using this notice to invite other 

interested individuals to apply for the 

remaining environmental opening. If 

you responded to the initial notice for 

the environmental openings, you will 

still be under consideration and need 

not re-apply. 

DATES: Persons interested in applying 

for the remaining NPOAG opening 

representing environmental concerns 

need to apply by September 12, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Barry Brayer, Special Programs Staff, 

Federal Aviation Administration, 

Western-Pacific Region Headquarters, 

P.O. Box 92007, Los Angeles, CA 

90009–2007, telephone: (310) 725–3800, 

email: Barry.Brayer@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The National Parks Air Tour 

Management Act of 2000 (the Act) was 

enacted on April 5, 2000, as Public Law 

106–181. The Act required the 

establishment of the advisory group 

within 1 year after its enactment. The 

NPOAG was established in March 2001. 

The advisory group is comprised of a 

balanced group of representatives of 

general aviation, commercial air tour 

operations, environmental concerns, 

and Native American tribes. The 

Administrator of the FAA and the 

Director of NPS (or their designees) 

serve as ex officio members of the 

group. Representatives of the 

Administrator and Director serve 

alternating 1-year terms as chairman of 

the advisory group. 

In accordance with the Act, the 

advisory group provides ‘‘advice, 

information, and recommendations to 

the Administrator and the Director— 

(1) On the implementation of this title 

[the Act] and the amendments made by 

this title; 

(2) On commonly accepted quiet 

aircraft technology for use in 

commercial air tour operations over a 

national park or tribal lands, which will 

receive preferential treatment in a given 

air tour management plan; 

(3) On other measures that might be 

taken to accommodate the interests of 

visitors to national parks; and 

(4) At the request of the Administrator 

and the Director, safety, environmental, 

and other issues related to commercial 

air tour operations over a national park 

or tribal lands.’’ 

Membership 

The current NPOAG ARC is made up 

of one member representing general 

aviation, three members representing 

the commercial air tour industry, four 

members representing environmental 

concerns, and two members 

representing Native American interests. 

Current members of the NPOAG ARC 

are as follows: 

Heidi Williams representing general 

aviation; Alan Stephen, Elling 

Halvorson, and Matthew Zuccaro 

representing commercial air tour 

operators; Chip Dennerlein, Greg Miller, 

Kristen Brengel, and Dick Hingson 

representing environmental interests; 

and Rory Majenty and Ray Russell 

representing Native American tribes. 

Selection 

Selected to fill the air tour operator 

vacancies, for additional terms, are 

returning members Alan Stephen and 

Matthew Zuccaro. Selected to fill the 

general aviation vacancy is returning 

member Heidi Williams. Selected to fill 

the Native American opening is new 

member Martin Begaye. Selected to fill 

one of the environmental vacancies is 

returning member Greg Miller. These 

members’ new or additional terms begin 

on October 10, 2012. The term of service 

for NPOAG ARC members is 3 years. 

Additional Opening 

In order to retain balance within the 

NPOAG ARC with one remaining 

opening, the FAA and NPS invite 

persons interested in representing 

environmental concerns on the ARC to 

contact Mr. Barry Brayer (contact 

information is written above in FOR

FURTHER INFORMATION CONTACT). 

Requests to serve on the ARC must be 

made to Mr. Brayer in writing and 

postmarked or emailed on or before 

September 12, 2012. The request should 

indicate whether or not you are a 

member of an association or group 

related to environmental issues or 

concerns or have another affiliation 

with issues relating to aircraft flights 

over national parks. The request should 

also state what expertise you would 

bring to the NPOAG ARC as related to 

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