Notice2021-27672

Privacy Act of 1974; System of Records

Primary source

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Published
December 22, 2021
Effective
December 22, 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-31 titled Commission Parking Records. This notice 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 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 system's manager and location change.

Full Text

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<title>Federal Register, Volume 86 Issue 243 (Wednesday, December 22, 2021)</title>
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[Federal Register Volume 86, Number 243 (Wednesday, December 22, 2021)]
[Notices]
[Pages 72592-72594]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27672]


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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-31 
titled Commission Parking Records. This notice 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 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 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 22, 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 21, 
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#3a6a48534c5b59437a5c5f4859145d554c"><span class="__cf_email__" data-cfemail="db8ba9b2adbab8a29bbdbea9b8f5bcb4ad">[email&#160;protected]</span></a>. (Include reference to ``FERC-31 
Commission Parking Records'' in the subject line of the message.)
    For United States Postal Service-delivered mail: Federal Energy 
Regulatory Commission, Director, Office of External Affairs, 888 First 
Street NE, Room 4A-05, Washington, DC 20426.
    For hand-delivered or courier-delivered mail: Federal Energy 
Regulatory Commission, Director, Office of External Affairs, 12225 
Wilkins Avenue, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Mittal Desai, Chief Information 
Officer & Senior Agency Official for Privacy, Office of the Executive 
Director, Federal Energy Regulatory Commission, 888 First Street NE, 
Washington, DC 20426, (202) 502-6432.

SUPPLEMENTARY INFORMATION: The Commission Parking Records notice 
includes 10 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.

SYSTEM NAME AND NUMBER:
    Commission Parking Records: FERC-31.

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 101-20.104 Parking Facilities.

PURPOSE(S) OF THE SYSTEM:
    The Commission Parking Records program supports the overall 
management of parking operations at the FERC Headquarters garage. The 
application is managed and controlled by the Commission's Logistics 
Management Division and is utilized by authorized users to submit 
applications for parking permits; authorized users are able to 
electronically register their vehicles and request a parking permit. 
Information is used to assign parking spaces; to monitor parking 
expenses and the program budget; to notify drivers of emergencies or 
parking violations; and to match employees in the same zip code area to 
existing or potential carpools. The information will also be used for 
administrative purposes to ensure quality control, performance, and 
improving management process.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The categories of individuals covered by the system are employees 
of FERC, vendors and members of the public who park at the FERC 
Headquarters garage are covered by the Commission Parking Records 
program.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The Commission Parking Records program system maintains records on 
employee's name, office and home address, office and home phone number, 
vehicle description and license plate number.

RECORD SOURCE CATEGORIES:
    Information is obtained from current employees, vendors and members 
of the public seeking parking within the FERC Headquarters garage.

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 (b) preventing, minimizing, or 
remedying the risk of harm to individuals, the recipient agency or 
entity (including its information

[[Page 72593]]

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 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 name, city, zip code and vehicle license 
plate numbers. 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 or member of the public's 
name, plate number, or vehicle license plate number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are retained in accordance with the NARA-approved FERC 
Comprehensive Records Disposition Schedule, at FERC Records Schedule 
VII, Administrative Program Records, Part III, Finance, Accounting and 
Operations, Item 1, Commuter Support Program Records. Temporary, 
Destroy after subsequent open season, and 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-to-day 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 
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#3f5950565e125c5a56567f595a4d5c11585049"><span class="__cf_email__" data-cfemail="92f4fdfbf3bff1f7fbfbd2f4f7e0f1bcf5fde4">[email&#160;protected]</span></a>. Written request for access to records 
should be directed to:
    For United States Postal Service-delivered mail: Federal Energy 
Regulatory Commission, Director, Office of External Affairs, 888 First 
Street NE, Washington, DC 20426.
    For hand-delivered or courier-delivered mail: Federal Energy 
Regulatory Commission, Director, Office of External Affairs, 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#0b6d64626a26686e62624b6d6e7968256c647d"><span class="__cf_email__" data-cfemail="c9afa6a0a8e4aaaca0a089afacbbaae7aea6bf">[email&#160;protected]</span></a>.

[[Page 72594]]

    Written request to contest records should be directed to:
    For United States Postal Service-delivered mail: Federal Energy 
Regulatory Commission, Director, Office of External Affairs, 888 First 
Street NE, Washington, DC 20426.
    For hand-delivered or courier-delivered mail: Federal Energy 
Regulatory Commission, Director, Office of External Affairs, 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#7c1a13151d511f1915153c1a190e1f521b130a"><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: Federal Energy 
Regulatory Commission, Director, Office of External Affairs, 888 First 
Street NE, Washington, DC 20426.
    For hand-delivered or courier-delivered mail: Federal Energy 
Regulatory Commission, Director, Office of External Affairs, 12225 
Wilkins Avenue, Rockville, Maryland 20852.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    FERC previously published the Commission Parking Records in the 
Federal Register as Commission Parking Records. The previous Federal 
Register notice citation is Federal Register Vol.65, No. 79, Monday, 
April 24, 2000.

    Issued: December 15, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-27672 Filed 12-21-21; 8:45 am]
BILLING CODE 6717-01-P


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Indexed from Federal Register on December 22, 2021.

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.