Notice2021-25285
Privacy Act of 1974; System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 19, 2021
Effective
December 20, 2021
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Abstract
The Federal Energy Regulatory Commission (FERC) is publishing notice of modifications to an existing FERC system of records, FERC-24 titled Commission Miscellaneous Investigation File. This notice adds 11 new routine uses, including two prescribed by the Office of Management and Budget (OMB) Memorandum M-17-12, Preparing for and Responding to a Breach of Personally Identifiable Information, January 3, 2017, that will permit FERC to disclose information as necessary in response to an actual or suspected breach of its own records or to assist another agency in its efforts to respond to a breach. This System of Records Notice (SORN) also describes the Commission's systems manager and location change.
Full Text
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<title>Federal Register, Volume 86 Issue 221 (Friday, November 19, 2021)</title>
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[Federal Register Volume 86, Number 221 (Friday, November 19, 2021)]
[Notices]
[Pages 64923-64925]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25285]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
Privacy Act of 1974; System of Records
AGENCY: Federal Energy Regulatory Commission, DOE.
ACTION: Notice of a modified system of records.
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SUMMARY: The Federal Energy Regulatory Commission (FERC) is publishing
notice of modifications to an existing FERC system of records, FERC-24
titled Commission Miscellaneous Investigation File. This notice adds 11
new routine uses, including two prescribed by the Office of Management
and Budget (OMB) Memorandum M-17-12, Preparing for and Responding to a
Breach of Personally Identifiable Information, January 3, 2017, that
will permit FERC to disclose information as necessary in response to an
actual or suspected breach of its own records or to assist another
agency in its efforts to respond to a breach. This System of Records
Notice (SORN) also describes the Commission's systems manager and
location change.
DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this system of
records notice is effective upon publication, with the exception of the
routine uses, which will go into effect on December 20, 2021, unless
comments have been received from interested members of the public
requiring modification and republication of the notice. Please submit
any comments by December 20, 2021.
ADDRESSES: Any person interested in commenting on the establishment of
this modified system of records may do so by submitting comments
electronically to: <a href="/cdn-cgi/l/email-protection#c191b3a8b7a0a2b881a7a4b3a2efa6aeb7"><span class="__cf_email__" data-cfemail="4c1c3e253a2d2f350c2a293e2f622b233a">[email protected]</span></a> (Include reference to ``Commission
Miscellaneous Investigation File'' in the subject line of the message.)
For United States Postal Service-delivered mail: Director, Office
of External Affairs, Federal Energy Regulatory Commission, 888 First
Street NE, Room 4A-05, Washington, DC 20426.
For hand-delivered or courier-delivered mail: Director, Office of
External Affairs, Federal Energy
[[Page 64924]]
Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Director, Workforce Relations, Chief
Human Capital Officer, Office of the Executive Director, 888 First
Street NE, Washington, DC 20426, (202) 502-6475.
SUPPLEMENTARY INFORMATION: The Commission Miscellaneous Investigation
File notice is being modified. The notice includes 11 new routine uses,
including two prescribed routine uses that will permit FERC to disclose
information as necessary in response to an actual or suspected breach
of its own records or to assist another agency in its efforts to
respond to a breach. This notice also addresses the system's manager
and location change, while also providing additional specificity on the
category of employees and employee matters contained in the system of
records.
SYSTEM NAME AND NUMBER:
Commission Miscellaneous Investigation File: FERC-24.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Federal Energy Regulatory Commission, Office of the Executive
Director, Workforce Relations Division (CHCO), 888 First Street NE,
Washington, DC 20426.
SYSTEM MANAGER(S):
Director, Workforce Relations Division, Chief Human Capital
Officer, Office of the Executive Director, 888 First Street NE,
Washington, DC 20426, (202) 502-6475.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Rehabilitation Act, 29 U.S.C. 791 et. seq.
Title VII of the Civil Rights Act, 42 U.S.C. 2000e et. seq.
Executive Order No. 13164.
Executive Order No. 13991.
29 CFR part 1614--Federal Sector Equal Employment Opportunity.
5 CFR part 735--Employee responsibilities and conduct.
PURPOSE(S) OF THE SYSTEM:
To maintain documentation on employee matters that are not part of
a formal grievance process require collection of employee information
by management in order to process request and/or render decisions in
accordance with applicable law, rule or regulation preserve and
maintain confidentiality. This may include, among other considerations,
requests for reasonable accommodation, medical or religious
accommodation, religious compensatory time off, or anti-harassment
allegations.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
For matters that do not involve a formal grievance or appeal
process, or formal Department of Energy Inspector General inquiry,
which may include among other matters: (1) Employees requesting
exception to agency policy, adjustment to the job or adjustment to the
work environment under applicable law, rules or regulations; and (2)
employees petitioning for informal inquiry into allegations of
workplace harassment not that are not covered under Title VII.
CATEGORIES OF RECORDS IN THE SYSTEM:
Formal reports of inquiry and supporting documentation; records of
actions taken resulting from the inquiry and supporting documentation
for the inquiry and the response; medical forms, medical documents,
documentation from healthcare providers, religious affiliation
information, and other related supporting documents; and decision
documents.
RECORD SOURCE CATEGORIES:
Information in this system of records comes from the individual to
whom it applies; is derived from information supplied by that
individual; or created by management officials to summarize findings
and/or develop recommendations for action.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, information maintained in this system may
be disclosed to authorized entities outside FERC for purposes
determined to be relevant and necessary as a routine use pursuant to 5
U.S.C. 552a(b)(3) as follows:
1. To appropriate agencies, entities, and persons when (1) FERC
suspects or has confirmed that there has been a breach of the system of
records; (2) FERC has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, the Commission
(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 Commission's efforts to respond to the
suspected or confirmed breach or to prevent, minimize, or remedy such
harm.
2. To another Federal agency or Federal entity, when FERC
determines that information from this system of records is reasonably
necessary to assist the recipient agency or entity in (1) responding to
a suspected or confirmed breach or (2) preventing, minimizing, or
remedying the risk of harm to individuals, the recipient agency or
entity (including its information systems, programs, and operations),
the Federal Government, or national security, resulting from a
suspected or confirmed breach.
3. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of that individual.
4. To the Equal Employment Opportunity Commission (EEOC) when
requested in connection with investigations of alleged or possible
discriminatory practices, examination of Federal affirmative employment
programs, or other functions of the Commission as authorized by law or
regulation.
5. To the Federal Labor Relations Authority or its General Counsel
when requested in connection with investigations of allegations of
unfair labor practices or matters before the Federal Service Impasses
Panel.
6. To disclose information to another Federal agency, to a court,
or a party in litigation before a court or in an administrative
proceeding being conducted by a Federal agency, where the record is
relevant and necessary to the proceeding and the Government is a party
to the judicial or administrative proceeding. In those cases where the
Government is not a party to the proceeding, records may be disclosed
if a subpoena has been signed by a judge.
7. To the Department of Justice (DOJ) for its use in providing
legal advice to FERC or in representing FERC in a proceeding before a
court, adjudicative body, or other administrative body, where the use
of such information by the DOJ is deemed by FERC to be relevant and
necessary to the advice or proceeding, and such proceeding names as a
party in interest: (a) FERC; (b) any employee of FERC in his or her
official capacity; (c) any employee of FERC in his or her individual
capacity where DOJ has agreed to represent the employee; or (d) the
United States, where FERC determines that litigation is likely to
affect FERC or any of its components.
8. To non-Federal Personnel, such as contractors, agents, or other
authorized individuals performing work on a contract, service,
cooperative agreement, job, or other activity on behalf of FERC or
Federal Government and who have a
[[Page 64925]]
need to access the information in the performance of their duties or
activities.
9. To the National Archives and Records Administration in records
management inspections and its role as Archivist, as permitted by 44
U.S.C. 2904 and 2906.
10. To the Merit Systems Protection Board or the Board's Office of
the Special Counsel, when relevant information is requested in
connection with appeals, special studies of the civil service and other
merit systems, review of Office of Personnel Management (OPM) rules and
regulations, and investigations of alleged or possible prohibited
personnel practices.
11. To appropriate Federal, State, or local agency responsible for
investigating, prosecuting, enforcing, or implementing a statute, rule,
regulation, or order, where the record indicates a violation or
potential violation of civil or criminal law, rule, regulation, order.
12. To serve as a data source for OPM or Government Accountability
Office (GAO) during the course of on-site inspections or audits.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Paper (assorted documents) or electronic media. Data center
buildings are guarded and monitored by security personnel, cameras, ID
checks, and other physical security measures. Physical access to the
server rooms is limited to authorized personnel only. Records are
maintained in lockable file cabinets in a lockable room with access
limited to those employees whose official duties require access;
servers are stored in secured facilities in cipher locked server rooms.
Computer data is secured by password. The system is secured with the
safeguards required by FedRAMP and NIST SP 800-53.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by employee's name or employee ID number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained under the National Archives and Records
Administration's General Records Schedule 2.3. Destroy 3 years after
being superseded, but longer retention is authorized if required for
business use. Destroy 3 years after employee separation from the agency
or all matters are concluded, whichever is later, but longer retention
is authorized if required for business use.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
All FERC employees and contractors with authorized access have
undergone a thorough background security investigation. Data access is
restricted to agency personnel or contractors whose responsibilities
require access. Access to electronic records is controlled by ``User
ID'' and password combination and/or other network access or security
controls (e.g., firewalls). The system is secured with the safeguards
required by FedRAMP and NIST SP 800-53. Physical access to FERC is
controlled by security guards and admission is limited to those
individuals possessing a valid identification card or individuals under
proper escort.
RECORD ACCESS PROCEDURES:
Submit a Privacy Act Request:
The Privacy Act permits access to records about yourself that are
maintained by FERC in a Privacy Act system of records. In addition, you
may request that incorrect or incomplete information be changed or
amended. Privacy requests follow FERC's Freedom of Information Act
(FOIA) request process. You may access the FOIA website at <a href="https://www.ferc.gov/freedom-information-act-foia-and-privacy-act">https://www.ferc.gov/freedom-information-act-foia-and-privacy-act</a>.
For questions: Contact the FOIA Service Center at 202-502-6088 or
by email at <a href="/cdn-cgi/l/email-protection#3650595f571b55535f5f765053445518515940"><span class="__cf_email__" data-cfemail="8ee8e1e7efa3edebe7e7cee8ebfceda0e9e1f8">[email protected]</span></a>. Written request for access to records
should be directed to:
For United States Postal Service-delivered mail: Director, Office
of External Affairs, Federal Energy Regulatory Commission, 888 First
Street NE, Washington, DC 20426.
For hand-delivered or courier-delivered mail: Director, Office of
External Affairs, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852.
CONTESTING RECORD PROCEDURES:
The Privacy Act permits access to records about yourself that are
maintained by FERC in a Privacy Act system of records. In addition, you
may request that incorrect or incomplete information be changed or
amended. Privacy requests follow FERC's Freedom of Information Act
(FOIA) request process. You may access the FOIA website at <a href="https://www.ferc.gov/freedom-information-act-foia-and-privacy-act">https://www.ferc.gov/freedom-information-act-foia-and-privacy-act</a>.
For questions: Contact the FOIA Service Center at 202-502-6088 or
by email at <a href="/cdn-cgi/l/email-protection#680e070109450b0d0101280e0d1a0b460f071e"><span class="__cf_email__" data-cfemail="12747d7b733f71777b7b52747760713c757d64">[email protected]</span></a>.
Written request for access to records should be directed to:
For United States Postal Service-delivered mail: Director, Office
of External Affairs, Federal Energy Regulatory Commission, 888 First
Street NE, Washington, DC 20426.
For hand-delivered or courier-delivered mail: Director, Office of
External Affairs, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852.
NOTIFICATION PROCEDURES:
The Privacy Act permits access to records about yourself that are
maintained by FERC in a Privacy Act system of records. In addition, you
may request that incorrect or incomplete information be changed or
amended.
Privacy requests follow FERC's Freedom of Information Act (FOIA)
request process. You may access the FOIA website at <a href="https://www.ferc.gov/freedom-information-act-foia-and-privacy-act">https://www.ferc.gov/freedom-information-act-foia-and-privacy-act</a>.
For questions: Contact the FOIA Service Center at 202-502-6088 or
by email at <a href="/cdn-cgi/l/email-protection#7e1811171f531d1b17173e181b0c1d50191108"><span class="__cf_email__" data-cfemail="62040d0b034f01070b0b22040710014c050d14">[email protected]</span></a>.
Written request for access to records should be directed to:
For United States Postal Service-delivered mail: Director, Office
of External Affairs, Federal Energy Regulatory Commission, 888 First
Street NE, Washington, DC 20426.
For hand-delivered or courier-delivered mail: Director, Office of
External Affairs, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
FERC-24 Commission Miscellaneous Investigation File was last
published at Federal Register Vol. 65, No. 79, Monday, April 24, 2000.
Dated: November 16, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-25285 Filed 11-18-21; 8:45 am]
BILLING CODE 6717-01-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.