Electronic FOIA Tracking System and FOIA Case Files – Interior, DOI-71

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5292; or by electronic mail to
[email protected].
FOR FURTHER INFORMATION CONTACT:

Barbara Hosler, East Lansing Field
Office (see ADDRESSES); by telephone
(517–351–6326) or barbara_hosler@
fws.gov. If you use a
telecommunications device for the deaf
(TDD), please call the Federal
Information Relay Service at 800–877–
8339.
SUPPLEMENTARY INFORMATION:

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Background Information
Under a Safe Harbor Agreement,
participating landowners voluntarily
undertake conservation activities on
their property to benefit species listed
under the ESA (16 U.S.C. 1531 et seq.).
The Safe Harbor Agreement and
associated permit authorize
participating landowners to incidentally
take Federally listed species that may
result from implementation of
conservation activities beneficial to the
species. The Safe Harbor Agreement
also provides participating landowners
assurances that no further land, water,
or resource-use restrictions, or
additional commitments of land, water,
or finances, would be imposed beyond
those agreed to in the Safe Harbor
Agreement, including the option to
return their land to the baseline
condition established at the time of the
Safe Harbor Agreement. Application
requirements and issuance criteria for
enhancement of survival permits
through Safe Harbor Agreements are
found in Service regulations at 50 CFR
17.22 and 17.32.
Mitchell’s Satyr Butterfly Draft Safe
Harbor Agreement
We have developed the Draft Safe
Harbor Agreement to incentivize certain
non-Federal landowners in Michigan
and Indiana to volunteer their land for
conservation activities beneficial to the
Mitchell’s satyr butterfly. Under the
proposed Safe Harbor Agreement, we
would issue a permit to the East Lansing
Field Office Project Leader, who would
then convey the permits incidental take
authorization and assurances to willing
landowners through Certificates of
Inclusion, for the purpose of facilitating
recovery of the Mitchell’s satyr
butterfly. Consistent with the Safe
Harbor Policy (June 17, 1999, 64 FR
32717) and section 7 of the ESA, we
would also provide neighboring
landowners with incidental take
authorization through the section 7
biological opinion, and assurances to
those neighboring landowners who
participate under the Safe Harbor
Agreement.

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To enroll in the Safe Harbor
Agreement, an eligible landowner
would voluntarily work with the Project
Leader at the East Lansing Field Office
to develop a Mitchell’s satyr butterfly
reintroduction plan for their property.
Each reintroduction plan would identify
a conservation zone, consisting mainly
of suitable fen habitat for the Mitchell’s
satyr butterfly, and where habitat
management activities would occur.
Each reintroduction plan would have a
term of 10 to 20 years within the
duration of the proposed Safe Harbor
Agreement, which is 30 years.

identifying information, may be made
available at any time. While you can ask
us in your comment to withhold your
personal identifying information from
public review, we cannot guarantee that
we will be able to do so.

Species Information
The Mitchell’s satyr butterfly
population has been in serious decline
for years. The species was once found
in 30 locations across Michigan,
Indiana, and Ohio, with several disjunct
populations in New Jersey and possibly
Maryland. Currently, Mitchell’s satyr
butterflies occur at 10 sites in Michigan
and 1 site in Indiana. Since the species
was listed in 1991, additional
populations have been discovered in
Virginia, Alabama, and Mississippi;
however, genetic studies are
inconclusive on the taxonomic
relationships of these southern
populations to the Michigan and
Indiana populations (Hamm 2012). The
Service’s Recovery Plan for the
Mitchell’s satyr butterfly calls for the
establishment of 25 geographically
distinct viable populations, including
specific actions to facilitate propagation
and reintroduction activities across its
historic range.

Dated: May 6, 2016.
Lynn M. Lewis,
Assistant Regional Director, Ecological
Services, Midwest Region.

Next Steps
We will evaluate the permit
application, associated documents, and
comments we receive to determine
whether the permit application meets
the requirements of the ESA, NEPA, and
their implementing regulations. If we
determine that all requirements are met,
we will sign the proposed Safe Harbor
Agreement and issue a permit under
section 10(a)(1)(A) of the ESA to the
East Lansing Field Office Project Leader.
We will not make our final decision on
the permit application until after the
end of the public comment period, and
we will fully consider all comments we
receive during the comment period.
Public Availability of Comments
Written comments we receive become
part of the public record associated with
this action. Before including your
address, phone number, email address,
or other personal identifying
information in your comment, you
should be aware that the entire
comment, including your personal

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Authority
We provide this notice under section
10(c) of the ESA (16 U.S.C. 1531 et seq.)
and its implementing regulations (50
CFR 17.22 and 17.32), and NEPA (42
U.S.C. 4371 et seq.) and its
implementing regulations (40 CFR
1506.6; 43 CFR part 46).

[FR Doc. 2016–12438 Filed 5–25–16; 8:45 am]
BILLING CODE 4333–15–P

DEPARTMENT OF THE INTERIOR
Office of the Secretary
[16XD4523WS DS10200000
DWSN00000.000000 WBS DP10202
1020WSW02]

Privacy Act of 1974; as Amended;
Notice To Amend an Existing System
of Records
Office of the Secretary, Interior.
Notice of amendment to an
existing system of records.

AGENCY:
ACTION:

The Department of the
Interior is issuing public notice of its
intent to amend ‘‘Electronic FOIA
Tracking System and FOIA Case Files—
Interior, DOI–71’’ to update existing
routine uses; add six new routine uses;
and update the authority, system
location, system manager, categories of
records, storage, retrievability,
safeguards, retention and disposal,
notification procedures, record access
procedures, contesting record
procedures, record source categories,
and exemptions sections.
DATES: Comments must be received by
June 27, 2016. This amended system
will be effective June 27, 2016.
ADDRESSES: Any person interested in
commenting on this amendment may do
so by: Submitting comments in writing
to Teri Barnett, Departmental Privacy
Officer, U.S. Department of the Interior,
1849 C Street NW., Mail Stop 5545 MIB,
Washington, DC 20240; hand-delivering
comments to Teri Barnett, Departmental
Privacy Officer, U.S. Department of the
Interior, 1849 C Street NW., Mail Stop
5545 MIB, Washington, DC 20240; or
emailing comments to Privacy@
ios.doi.gov.
SUMMARY:

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FOR FURTHER INFORMATION CONTACT:

Departmental FOIA Officer, Office of the
Executive Secretariat, Department of the
Interior, 1849 C Street NW., Mail Stop
7328–MIB, Washington, DC 20240, or by
phone at 202–208–5342.
SUPPLEMENTARY INFORMATION:

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I. Background
The Department of the Interior
(‘‘Department’’ or ‘‘DOI’’) ‘‘Electronic
FOIA Tracking System and FOIA Case
Files—Interior, DOI–71’’ system
contains information on individuals for
the purposes of managing and
processing Freedom of Information Act
(FOIA) requests, some of which may be
processed in tandem with the Privacy
Act of 1974, as amended. This system:
(1) Enables the Department to
administer the program more efficiently
while ensuring requests are responded
to in a more timely fashion; (2) supports
action on FOIA requests, appeals, and
litigation; (3) ensures documents are
released in a more consistent manner;
(4) assists in eliminating the duplication
of effort; (5) gathers information for
management and reporting purposes,
improving the Department’s reporting
capability and providing for more
efficient use of manpower; and (6)
improves customer service.
DOI is publishing this amended
notice to reflect updated information in
the authority, system location, system
manager, categories of records, storage,
retrievability, safeguards, retention and
disposal, notification procedures, record
access procedures, contesting record
procedures, record source categories,
and exemptions sections. Additionally,
DOI is modifying existing routine uses
to reflect updates consistent with
standard DOI routine uses, and adding
six new routine uses to permit sharing
of information with: The National
Archives and Records Administration’s
(NARA) Office of Government
Information Services to assist and
facilitate the resolution of disputes
related to FOIA requests; NARA to
conduct records management
inspections; appropriate government
agencies and organizations to provide
information in response to court orders
or for discovery purposes related to
litigation; the Office of Management and
Budget (OMB) in relation to legislative
affairs mandates under OMB Circular
A–19; the Department of the Treasury to
recover debts owed to the United States;
and the news media and the public. The
system notice was last published in its
entirety in the Federal Register on
September 18, 2002 (67 FR 58817), and
amendments to the system notice were
published in the Federal Register on

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February 13, 2008 (73 FR 8342) and
February 25, 2010 (75 FR 8731).
The amendments to the system will
be effective as proposed at the end of
the comment period (the comment
period will end 30 days after the
publication of this notice in the Federal
Register), unless comments are received
which would require a contrary
determination. The Department will
publish a revised notice if changes are
made based upon a review of the
comments received.
II. Privacy Act
The Privacy Act of 1974, as amended,
embodies fair information practice
principles in a statutory framework
governing the means by which Federal
Agencies collect, maintain, use, and
disseminate individuals’ personal
information. The Privacy Act applies to
records about individuals that are
maintained in a ‘‘system of records.’’ A
‘‘system of records’’ is a group of any
records under the control of an agency
for which information about an
individual is retrieved by the name or
by some identifying number, symbol, or
other identifying particulars assigned to
the individual. The Privacy Act defines
an individual as a United States citizen
or lawful permanent resident. As a
matter of policy, the Department
extends administrative Privacy Act
protections to all individuals.
Individuals may request access to their
own records that are maintained in a
system of records in the possession or
under the control of the Department by
complying with the Department of the
Interior Privacy Act regulations at 43
CFR part 2, subpart K.
The Privacy Act requires each agency
to publish in the Federal Register a
description denoting the type and
character of each system of records that
the agency maintains and the routine
uses of each system to make agency
recordkeeping practices transparent,
notify individuals regarding the uses of
their records, and assist individuals to
more easily find such records within the
agency. The revised ‘‘Electronic FOIA
Tracking System and FOIA Case Files—
Interior, DOI–71’’ system of records
notice is published in its entirety below.
In accordance with 5 U.S.C. 552a(r),
the Department has provided a report of
this system of records to the Office of
Management and Budget (OMB) and to
Congress.
III. Public Disclosure
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your

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personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Dated: May 23, 2016.
Teri Barnett,
Departmental Privacy Officer.
Interior, DOI–71
SYSTEM NAME:

Electronic FOIA Tracking System and
FOIA Case Files—Interior, DOI–71.
SECURITY CLASSIFICATION:

Unclassified.
SYSTEM LOCATION:

(1) The Electronic FOIA Tracking
System (EFTS) database and its servers
are maintained by the Office of the Chief
Information Officer, U.S. Department of
the Interior, 12201 Sunrise Valley Drive,
Reston, VA 20192; and (2) FOIA case
files in this system (paper or electronic)
are located in the offices of Bureau and
Office FOIA personnel. (For a partial list
of the Department’s FOIA contacts, see
the Department’s FOIA Web site at
https://www.doi.gov/foia/contacts.)
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Individuals or their representatives
who have submitted FOIA or combined
FOIA and Privacy Act (PA) requests for
records or information and
administrative appeals, or have
litigation pending with DOI or another
Federal agency; individuals whose
requests or records have been referred to
the Department by other agencies;
individuals who are the subject of such
requests, appeals, and litigation; and/or
the DOI personnel assigned to handle
such requests, appeals, and litigation.
CATEGORIES OF RECORDS IN THE SYSTEM:

This system consists of records
created or compiled in response to FOIA
requests, or combined FOIA and PA
requests, for records or information,
administrative appeals, and related
litigation and includes: The original
requests and administrative appeals;
responses to such requests and appeals;
all related memoranda, correspondence,
notes, and other related or supported
documentation; and in some instances
copies of requested records and records
under appeal. Records about individuals
may include name, mailing address,
email address, telephone number, case
file number, fee determinations, any
information contained in the agency
records requested by individuals, and

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identifying information about
individual requestors.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

5 U.S.C. 552, The Freedom of
Information Act, as amended; and 5
U.S.C. 552a, The Privacy Act of 1974, as
amended.

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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:

The primary purpose of the EFTS and
FOIA case files, which are maintained
both electronically and in paper format,
is to more efficiently manage the
Department’s FOIA program. This
system: (1) Enables the Department to
administer the program more efficiently
while ensuring requests are responded
to in a more timely fashion; (2) Supports
action on FOIA requests, appeals, and
litigation; (3) Ensures documents are
released in a more consistent manner;
(4) Assists in eliminating the
duplication of effort; (5) Gathers
information for management and
reporting purposes, improving the
Department’s reporting capability and
providing for more efficient use of
manpower; and (6) Improves customer
service.
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, disclosures
outside the Department may be made as
a routine use pursuant to 5 U.S.C.
552a(b)(3) as follows:
(1) (a) To any of the following entities
or individuals, when the circumstances
set forth in paragraph (b) are met:
(i) The U.S. Department of Justice
(DOJ);
(ii) A court or an adjudicative or other
administrative body;
(iii) A party in litigation before a court
or an adjudicative or other
administrative body; or
(iv) Any Department employee acting
in his or her individual capacity if the
Department or DOJ has agreed to
represent that employee or pay for
private representation of the employee;
(b) When:
(i) One of the following is a party to
the proceeding or has an interest in the
proceeding:
(A) The Department or any
component of the Department;
(B) Any other Federal agency
appearing before the Office of Hearings
and Appeals;
(C) Any Department employee acting
in his or her official capacity;
(D) Any Department employee acting
in his or her individual capacity if the
Department or DOJ has agreed to
represent that employee or pay for
private representation of the employee;

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(E) The United States, when DOJ
determines that the Department is likely
to be affected by the proceeding; and
(ii) The Department deems the
disclosure to be:
(A) Relevant and necessary to the
proceeding; and
(B) Compatible with the purpose for
which the records were compiled.
(2) To a congressional office in
response to a written inquiry that an
individual covered by the system, or the
heir of such individual if the covered
individual is deceased, has made to the
office.
(3) To any criminal, civil, or
regulatory law enforcement authority
(whether Federal, state, territorial, local,
tribal or foreign) when a record, either
alone or in conjunction with other
information, indicates a violation or
potential violation of law—criminal,
civil, or regulatory in nature, and the
disclosure is compatible with the
purpose for which the records were
compiled.
(4) To an official of another Federal
agency to provide information needed
in the performance of official duties
related to reconciling or reconstructing
data files or to enable that agency to
respond to an inquiry by the individual
to whom the record pertains.
(5) To Federal, state, territorial, local,
tribal, or foreign agencies that have
requested information relevant or
necessary to the hiring, firing or
retention of an employee or contractor,
or the issuance of a security clearance,
license, contract, grant or other benefit,
when the disclosure is compatible with
the purpose for which the records were
compiled.
(6) To representatives of the National
Archives and Records Administration
(NARA) to conduct records management
inspections under the authority of 44
U.S.C. 2904 and 2906.
(7) To state, territorial and local
governments and tribal organizations to
provide information needed in response
to court order and/or discovery
purposes related to litigation, when the
disclosure is compatible with the
purpose for which the records were
compiled.
(8) To an expert, consultant, or
contractor (including employees of the
contractor) of the Department that
performs services requiring access to
these records on the Department’s
behalf to carry out the purposes of the
system.
(9) To appropriate agencies, entities,
and persons when:
(a) It is suspected or confirmed that
the security or confidentiality of
information in the system of records has
been compromised; and

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(b) The Department has determined
that as a result of the suspected or
confirmed compromise there is a risk of
harm to economic or property interest,
identity theft or fraud, or harm to the
security or integrity of this system or
other systems or programs (whether
maintained by the Department or
another agency or entity) that rely upon
the compromised information; and
(c) The disclosure is made to such
agencies, entities and persons who are
reasonably necessary to assist in
connection with the Department’s
efforts to respond to the suspected or
confirmed compromise and prevent,
minimize, or remedy such harm.
(10) To the OMB during the
coordination and clearance process in
connection with legislative affairs as
mandated by OMB Circular A–19.
(11) To the Department of the
Treasury to recover debts owed to the
United States.
(12) To a debt collection agency for
the purpose of collecting outstanding
debts owed to the Department for fees
associated with processing FOIA/PA
requests.
(13) To the news media and the
public, with the approval of the Public
Affairs Officer in consultation with
Counsel and the Senior Agency Official
for Privacy, where there exists a
legitimate public interest in the
disclosure of the information, except to
the extent it is determined that release
of the specific information in the
context of a particular case would
constitute an unwarranted invasion of
personal privacy.
(14) To other Federal, State, and local
agencies having a subject matter interest
in a request or an appeal or a decision
thereon.
(15) To another Federal agency to
assist that agency in responding to an
inquiry by the individual to whom that
record pertains.
(16) 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
FOIA, and to facilitate OGIS’ offering of
mediation services to resolve disputes
between persons making FOIA requests
and administrative agencies.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:

Pursuant to 5 U.S.C. 552a(b)(12),
disclosures may be made to a consumer
reporting agency as defined in the Fair
Credit Reporting Act (15 U.S.C.
1681a(f)) or the Federal Claims

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Collection Act of 1996 (31 U.S.C.
3701(a)(3)).
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:

Paper records are contained in file
cabinets and/or in secured rooms under
the control of authorized DOI personnel.
Electronic records are contained in
computers, compact discs, magnetic
tapes, external removable drives, email,
diskettes, digital video disks, and
electronic databases.
RETRIEVABILITY:

Information can be retrieved by
specific data elements in the system
including: The EFTS tracking number;
the name of the requester and/or his/her
organizational affiliation; subject; etc.
Paper records are normally retrieved by
EFTS tracking number or by the name
of the person making the request.
SAFEGUARDS:

Access to records in the system is
limited to authorized personnel whose
official duties require such access. Paper
records are maintained in file cabinets
and/or in secured rooms under the
control of authorized DOI personnel.
Computer servers in which electronic
records are stored are located in secured
DOI facilities with physical, technical
and administrative levels of security to
prevent unauthorized access to the DOI
network and information assets.
Electronic records are maintained in
accordance with the OMB and
Departmental guidelines reflecting the
implementation of the Federal
Information Security Modernization Act
of 2014 (Pub. L. 113–283, 44 U.S.C.
3554). Electronic data is protected
through user identification, passwords,
database permissions and software
controls. Such security measures
establish different access levels for
different types of users. System
administrators and authorized users are
trained and required to follow
established internal security protocols
and must complete all security, privacy,
and records management training and
sign the DOI Rules of Behavior.

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RETENTION AND DISPOSAL:

Records are maintained under
Departmental Records Schedule (DRS)
1—Administrative Records (DAA–0048–
2013–0001) that cover FOIA and Privacy
Act request files, correspondence,
reports, and other program
administration and financial
management records, which has been
approved by NARA. The disposition for
these records is temporary and retention

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periods vary according to the specific
record and the needs of the agency.
FOIA request files and other short-term
administration records are destroyed
three years after cut-off, which is
generally after the date of reply or the
end of the fiscal year in which files are
created. Long-term records that require
additional retention, such as denials, are
destroyed seven years after cut-off,
which is generally when the record is
closed. Paper records are disposed of by
shredding or pulping, and records
maintained on electronic media are
degaussed or erased in accordance with
384 Departmental Manual 1 and NARA
guidelines.
SYSTEM MANAGER AND ADDRESS:

(1) The Departmental FOIA Officer,
Office of the Executive Secretariat,
U.S. Department of the Interior, 1849
C Street NW., MS–7328 MIB,
Washington, DC 20240, has overall
responsibility for the policies and
procedures used to operate the system.
(2) DOI Bureau and Office FOIA
Officers and Coordinators in
headquarters and in field offices have
responsibility for the data inputted into
and maintained on the EFTS for their
respective organizations along with any
FOIA case files. To obtain a current list
of the FOIA Officers and Coordinators
and their addresses, see https://
www.doi.gov/foia/contacts.
NOTIFICATION PROCEDURES:

An individual requesting notification
of the existence of records on himself or
herself in this system of records should
send a signed, written inquiry to the
FOIA Officer or Coordinator of the
Bureau or Office that maintains the
FOIA records, as identified above. The
request envelope and letter should both
be clearly marked ‘‘PRIVACY ACT
INQUIRY.’’ A request for notification
must meet the requirements of 43 CFR
2.235.
RECORDS ACCESS PROCEDURES:

An individual requesting records on
himself or herself should send a signed,
written inquiry to the FOIA Officer or
Coordinator of the Bureau or Office that
maintains the FOIA records, as
identified above. The request should
describe the records sought as
specifically as possible. The request
envelope and letter should both be
clearly marked ‘‘PRIVACY ACT
REQUEST FOR ACCESS.’’ A request for
access must meet the requirements of 43
CFR 2.238.
CONTESTING RECORDS PROCEDURES:

An individual requesting corrections
or the removal of material from his or

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her records should send a signed,
written request to the FOIA Officer or
Coordinator of the Bureau or Office that
maintains the FOIA records, as
identified above. A request for
corrections or removal must meet the
requirements of 43 CFR 2.246.
RECORD SOURCE CATEGORIES:

Information gathered in this system is
submitted by individuals, agencies, or
corporate entities filing FOIA requests
and agency employees processing these
requests. Information is also taken from
the following Privacy Act systems of
records: Freedom of Information Act
Appeal Files—Interior, OS–69, and
Privacy Act Files—Interior, DOI–57.
EXEMPTIONS CLAIMED FOR THE SYSTEM:

To the extent that copies of exempt
records from other systems of records
are entered into this system, the
Department of the Interior claims the
same exemptions for those records that
are claimed for the original primary
systems of records from which they
originated.
[FR Doc. 2016–12541 Filed 5–25–16; 8:45 am]
BILLING CODE 4334–63–P

INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1001]

Certain Digital Video Receivers and
Hardware and Software Components
Thereof; Institution of Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:

Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
April 6, 2016, under section 337 of the
Tariff Act of 1930, as amended, 19
U.S.C. 1337, on behalf of Rovi
Corporation of San Carlos, California
and Rovi Guides, Inc. of San Carlos,
California. An amended complaint was
filed on April 25, 2016. The complaint,
as amended, alleges violations of section
337 based upon the importation into the
United States, the sale for importation,
and the sale within the United States
after importation of certain digital video
receivers and hardware and software
components thereof by reason of
infringement of certain claims of U.S.
Patent No. 8,006,263 (‘‘the ’263 patent’’);
U.S. Patent No. 8,578,413 (‘‘the ’413
patent’’); U.S. Patent No. 8,046,801 (‘‘the
’801 patent’’); U.S. Patent No. 8,621,512
(‘‘the ’512 patent’’); U.S. Patent No.
8,768,147 (‘‘the ’147 patent’’); U.S.
Patent No. 8,566,871 (‘‘the ’871 patent’’);

SUMMARY:

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