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Notice2021-27243

Privacy Act of 1974; System of Records

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Published
December 16, 2021
Effective
December 16, 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-41 titled FERC Transit Subsidy Program (TSP) Records. This notices adds 10 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 that pertains to a 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 system's manager and location change.

Full Text

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<title>Federal Register, Volume 86 Issue 239 (Thursday, December 16, 2021)</title>
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[Federal Register Volume 86, Number 239 (Thursday, December 16, 2021)]
[Notices]
[Pages 71477-71479]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27243]


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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-41 
titled FERC Transit Subsidy Program (TSP) Records. This notices adds 10 
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 that pertains to a 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 system's 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 30 days after publication of 
this notice, on December 16, 2021, unless comments have been received 
from interested members of the public requiring modification and 
republication of the notice. Please submit any comments by January 18, 
2022.

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#b6e6c4dfc0d7d5cff6d0d3c4d598d1d9c0"><span class="__cf_email__" data-cfemail="7424061d0215170d34121106175a131b02">[email&#160;protected]</span></a>. (Include reference to ``FERC 41--
Commission Transit Subsidy Program (TSP) Records'' 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 Regulatory Commission, 12225 Wilkins 
Avenue, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Chief Human Capital Officer, Office of 
the Executive Director, 888 First Street NE, Washington, DC 20426, 
(202) 502-6270.

SUPPLEMENTARY INFORMATION: The FERC Transit Subsidy Program (TSP) 
notice includes 10 new routines, including two prescribed routine uses 
that will permit FERC to disclose information as necessary in response 
to an actual or suspected breach that pertains to a 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.

SYSTEM NAME AND NUMBER:
    FERC Transit Subsidy Program (TSP): FERC-41.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Federal Energy Regulatory Commission, Logistics Operations, 
Logistics Management Division, 888 First Street NE, Washington, DC 
20426.

SYSTEM MANAGER(S):
    Logistics Operations Branch Chief, Federal Energy Regulatory 
Commission, Logistics Operations, Logistics Management Division, 888 
First Street NE, Washington, DC 20426.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    41 CFR 101-6.3--Ridesharing.
    Public Law 103-172, Federal Employees Clean Air Incentives Act (5 
U.S.C. Section 7905).

PURPOSE(S) OF THE SYSTEM:
    The FERC Transit Subsidy Program (TSP) Records system supports the 
overall management of transit subsidy operations for the agency. The 
application is managed and controlled by the Commission's Logistics 
Management Division and is utilized by authorized users to submit 
applications for the federal government's transit subsidy benefits 
program; authorized users are able to electronically submit 
applications to request transit subsidies. Information is used to track 
employees' commuting expenses and to monitor the program budget. 
Information maintained in the system are the employee's names, monthly 
costs of

[[Page 71478]]

commuting, modes of transportation, home addresses, phone numbers, and 
SmarTrip card numbers.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The categories of individuals covered by the system are employees 
of FERC actively enrolled in the transit benefits program who use 
public transportation and are receiving commuting cost disbursements.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The Transit Subsidy Program system maintains records on employee's 
name, office and home address, office phone number, monthly commuting 
cost, SmarTrip card number, and mode of public transportation.

RECORD SOURCE CATEGORIES:
    Information is obtained from current employees seeking to 
participate in the federal government's employee transit subsidy 
benefits program.

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) are as follows:
    1. To appropriate agencies, entities, and persons when (a) FERC 
suspects or has confirmed that there has been a breach of the system of 
records; (b) 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 (c) 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 (a) responding to 
a suspected or confirmed breach or (c) 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 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 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.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are maintained in electronic format and stored by 
individuals first and last names. In addition, 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). 
Role based access is used to restrict electronic data access and the 
organization employs the principle of least privilege, allowing only 
authorized users with access (or processes acting on behalf of users) 
necessary to accomplish assigned tasks in accordance with 
organizational missions and business functions.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records may be retrieved by employee's Name or SmarTrip card 
number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are retained in accordance with the applicable National 
Archives and Records Administration schedules, including Items 130, 
Transportation Subsidy Program Administrative Records and 131, 
Transportation Subsidy Program Individual Cases Files, at <a href="https://www.archives.gov/files/records-mgmt/grs/grs02-4.pdf">https://www.archives.gov/files/records-mgmt/grs/grs02-4.pdf</a>. Item 130 are 
temporary, destroyed when 3 years old, but longer retention is 
authorized if required for business use. Item 131 are temporary, 
destroyed 2 years after employee participation concludes, but longer 
retention is authorized if required for business use. Additionally, 
records are retained in accordance with General Records Schedule (GRS) 
5.2: Transitory and Intermediary Records (GRS 5.2 Item 020 Intermediary 
Records: <a href="https://www.archives.gov/files/records-mgmt/grs/grs05-2.pdf">https://www.archives.gov/files/records-mgmt/grs/grs05-2.pdf</a>).'' Materials, including hard copy printouts derived from 
electronic records created on an ad hoc basis for reference purposes or 
to meet day-today business needs, are destroyed when the Commission 
determines that they are no longer needed for administrative, legal, 
audit, or other operational purposes.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Physical access to FERC is controlled by security guards and 
admission is limited to those individuals possessing a valid 
identification card or being escorted by an authorized FERC

[[Page 71479]]

representative. 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.

RECORD ACCESS PROCEDURES:
    Paper records are maintained in lockable file cabinets in a 
lockable room with access limited to those employees whose official 
duties require access. Digital records are accessed by authorized 
employees by using their user ID and password.
    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#3b5d54525a16585e52527b5d5e4958155c544d"><span class="__cf_email__" data-cfemail="02646d6b632f61676b6b42646770612c656d74">[email&#160;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#1c7a73757d317f7975755c7a796e7f327b736a"><span class="__cf_email__" data-cfemail="4c2a23252d612f2925250c2a293e2f622b233a">[email&#160;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="dabcb5b3bbf7b9bfb3b39abcbfa8b9f4bdb5ac">[email&#160;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 previously published the Transit Subsidy Program (TSP) Records 
in the Federal Register as Transit Subsidy Program (TSP) Records. The 
previous Federal Register notice citation is Federal Register Vol. 65, 
No. 79, Monday, April 24, 2000.

    Issued: December 10, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-27243 Filed 12-15-21; 8:45 am]
BILLING CODE 6717-01-P


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