Notice2023-11766
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
June 2, 2023
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Abstract
As required by the Privacy Act of 1974, notice is hereby given that the Federal Energy Regulatory Commission (FERC) is amending the system of records entitled "FERC-62, Public Information Request" by revising the System Location; System Manager; Purpose; Categories of Individuals; Categories of Records; Record Source Categories; Policies and Practices for Retrieval of Records; and Administrative, Technical, and Physical Safeguards. FERC is publishing the system notice in its entirety.
Full Text
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<title>Federal Register, Volume 88 Issue 106 (Friday, June 2, 2023)</title>
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[Federal Register Volume 88, Number 106 (Friday, June 2, 2023)]
[Notices]
[Pages 36308-36310]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-11766]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
Privacy Act of 1974; System of Records
AGENCY: Federal Energy Regulatory Commission, Department of Energy.
ACTION: Notice of a modified system of records.
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SUMMARY: As required by the Privacy Act of 1974, notice is hereby given
that the Federal Energy Regulatory Commission (FERC) is amending the
system of records entitled ``FERC-62, Public Information Request'' by
revising the System Location; System Manager; Purpose; Categories of
Individuals; Categories of Records; Record Source
[[Page 36309]]
Categories; Policies and Practices for Retrieval of Records; and
Administrative, Technical, and Physical Safeguards. FERC is publishing
the system notice in its entirety.
DATES: Comments on this modified system of records must be received no
later than 30 days after date of publication in the Federal Register.
If no public comment is received during the period allowed for comment
or unless otherwise published in the Federal Register by FERC, the
modified system of records will become effective a minimum of 30 days
after date of publication in the Federal Register. If FERC receives
public comments, FERC shall review the comments to determine whether
any changes to the notice are necessary.
ADDRESSES: Comments may be submitted in writing to Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426, or
electronically to <a href="/cdn-cgi/l/email-protection#e090928996818399a086859283ce878f96"><span class="__cf_email__" data-cfemail="68181a011e090b11280e0d1a0b460f071e">[email protected]</span></a>. Comments should indicate that they
are submitted in response to Public Information Request. (FERC-62).
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 changes are made to reflect combining
SORN FERC 61--Requests for Commission Publications and Information with
this SORN and to include records collected through surveys. The notice
is also being modified to add 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.
SYSTEM NAME AND NUMBER:
Public Information Request (FERC-62).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Federal Energy Regulatory Commission, Offices of External Affairs
and Public Participation, Office of the Executive Secretary, 888 First
Street NE, Washington, DC 20426.
SYSTEM MANAGER(S):
Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 302, 18 CFR 388.104 and 18 CFR 388.106.
PURPOSE(S) OF THE SYSTEM:
To allow FERC to track information requests; to monitor status of
public inquiries and average turn-around times for processing requests;
to provide statistics to management on services provided; to identify
trends in types of information being requested; to determine whether
the responses to individual requesters were sufficient; to monitor
trends in the volume of inquiries submitted to FERC based on assessed
categories; and to enhance customer service by FERC staff and improve
the types and quality of educational and informational materials
available for distribution to the public.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Members of the general public, FERC staff, including FERC employees
and contractors, Federal, State and local governments, Tribes,
regulated entities, and public and private interest groups.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name, address, affiliation, telephone number, email address,
company, description of information being requested, receipt of
request, completion dates, resolution of the request, and method of
payment.
RECORD SOURCE CATEGORIES:
Members of the general public, FERC staff, including FERC employees
and contractors, Federal, State and local governments, tribes,
regulated entities, and public and private interest groups.
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 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,
Tribe, or a party in litigation before a court or in an administrative
proceeding being conducted by a Federal agency, when 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
[[Page 36310]]
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.
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 rules and
regulations, and investigations of alleged or possible prohibited
personnel practices.
11. To appropriate Federal, State, Tribe, or local agency
responsible for investigating, prosecuting, enforcing, or implementing
a statute, rule, regulation, or order, if the information may be
relevant to a potential violation of civil or criminal law, rule,
regulation, order.
12. To appropriate agencies, entities, and person(s) that are a
party to a dispute, when FERC determines that information from this
system of records is reasonably necessary for the recipient to assist
with the resolution of the dispute; the name, address, telephone
number, email address, and affiliation; of the agency, entity, and/or
person(s) seeking and/or participating in dispute resolution services,
where appropriate.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are stored in 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 are retrieved by date, name, company name, email address,
telephone number or address.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained under the National Archives and Records
Administration's General Records Schedule 4.2: Information Access and
Protection Records; Disposition Authority: DAA-GRS-2013-0007-0001:
Temporary. Destroy when 90 days old, but longer retention is authorized
if required for business use.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
See Policies and Practices for Storage of Records.
RECORD ACCESS PROCEDURES:
Individuals requesting access to the contents of records must
submit a request through the Office of External Affairs. The Freedom of
Information Act website is located at <a href="https://ferc.gov/freedom-information-act-foia-and-privacy-act">https://ferc.gov/freedom-information-act-foia-and-privacy-act</a>. Requests may be submitted by
email to <a href="/cdn-cgi/l/email-protection#83e5eceae2aee0e6eaeac3e5e6f1e0ade4ecf5"><span class="__cf_email__" data-cfemail="e88e878189c58b8d8181a88e8d9a8bc68f879e">[email protected]</span></a>. Written requests for access to records
should be directed to: Director, Office of External Affair, Federal
Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426.
CONTESTING RECORD PROCEDURES:
See Record Access Procedures.
NOTIFICATION PROCEDURES:
Generalized notice is provided by the publication of this notice.
For specific notice, see Records Access Procedure, above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
The previous Federal Register notice citation is 79 FR 17533.
Issued: May 26, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-11766 Filed 6-1-23; 8:45 am]
BILLING CODE 6717-01-P
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