Notice2023-18946
Privacy Act System of Records
Primary source
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Published
September 1, 2023
Effective
September 1, 2023
Issuing agencies
Federal Communications Commission
Abstract
The Federal Communications Commission (FCC, Commission, or Agency) proposes to modify an existing system of records, FCC/CGB-3, National Deaf-Blind Equipment Distribution Program (NDBEDP), subject to the Privacy Act of 1974, as amended. This action is necessary to meet the requirements of the Privacy Act to publish in the Federal Register notice of the existence and character of records maintained by the agency. The Commission uses the information, including personally identifiable information (PII), that is submitted by the certified equipment distribution program in each state, as required by the NDBEDP, to maintain each state's certification to participate in the NDBEDP to support the distribution of specialized customer premises equipment (CPE) and the provision of associated services. State equipment distribution programs, other public programs, and private entities may apply to the Commission for certification for the state to participate in the NDBEDP and receive reimbursement for its activities. This modification makes various necessary changes and updates, including formatting changes required by the Office of Management and Budget (OMB) Circular A-108 since its previous publication, the addition of new routine uses, as well as the revision of existing routine uses.
Full Text
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<title>Federal Register, Volume 88 Issue 169 (Friday, September 1, 2023)</title>
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[Federal Register Volume 88, Number 169 (Friday, September 1, 2023)]
[Notices]
[Pages 60451-60454]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18946]
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FEDERAL COMMUNICATIONS COMMISSION
[FR ID: 167779]
Privacy Act System of Records
AGENCY: Federal Communications Commission.
ACTION: Notice of a modified system of records.
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SUMMARY: The Federal Communications Commission (FCC, Commission, or
Agency) proposes to modify an existing system of records, FCC/CGB-3,
National
[[Page 60452]]
Deaf-Blind Equipment Distribution Program (NDBEDP), subject to the
Privacy Act of 1974, as amended. This action is necessary to meet the
requirements of the Privacy Act to publish in the Federal Register
notice of the existence and character of records maintained by the
agency. The Commission uses the information, including personally
identifiable information (PII), that is submitted by the certified
equipment distribution program in each state, as required by the
NDBEDP, to maintain each state's certification to participate in the
NDBEDP to support the distribution of specialized customer premises
equipment (CPE) and the provision of associated services. State
equipment distribution programs, other public programs, and private
entities may apply to the Commission for certification for the state to
participate in the NDBEDP and receive reimbursement for its activities.
This modification makes various necessary changes and updates,
including formatting changes required by the Office of Management and
Budget (OMB) Circular A-108 since its previous publication, the
addition of new routine uses, as well as the revision of existing
routine uses.
DATES: This modified system of records will become effective on
September 1, 2023. Written comments on the routine uses are due by
October 2, 2023. The new or revised routine uses in this action will
become effective on October 2, 2023 unless comments are received that
require a contrary determination.
ADDRESSES: Send comments to Katherine C. Clark, FCC, 45 L Street NE,
Washington, DC 20554, or to <a href="/cdn-cgi/l/email-protection#3747455e4156544e7751545419505841"><span class="__cf_email__" data-cfemail="91e1e3f8e7f0f2e8d1f7f2f2bff6fee7">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Katherine C. Clark, (202) 418-1773 or
<a href="/cdn-cgi/l/email-protection#f080829986919389b0969393de979f86"><span class="__cf_email__" data-cfemail="0575776c7364667c456366662b626a73">[email protected]</span></a> (and to obtain a copy of the Narrative Statement and
the Supplementary Document, which includes details of the proposed
alterations to this system of records).
SUPPLEMENTARY INFORMATION: As required by the Privacy Act of 1974, as
amended, 5 U.S.C. 552a(e)(4) and (e)(11), this document sets forth
notice of the proposed modification of a system of records maintained
by the FCC. The FCC previously provided notice of the system of records
FCC/CGB-3 by publication in the Federal Register on January 19, 2012
(77 FR 2721). This notice serves to modify FCC/CGB-3 to make various
necessary changes and updates, including clarification of the purpose
of the system, format changes required by OMB Circular A-108 since its
previous publication, the addition of new routine uses and the revision
of existing routine uses, which include converting a single existing
routine use into multiple revised routine uses. The substantive changes
and modifications to the previously published version of the FCC/CGB-3
system of records include:
1. Updating the language in the Security Classification to follow
OMB guidance;
2. Modifying the language in the Categories of Individuals and
Categories of Records to be consistent with the language and phrasing
now used in FCC SORNs;
3. Updating and/or revising language in the following routine uses:
(4) Law Enforcement and Investigation; (5) Litigation; (6)
Adjudication; (7) Congressional Inquiries; (8) Government-wide Program
Management and Oversight; and (9) Breach Notification, the revision of
which is as required by OMB Memorandum No. M-17-12;
4. Adding two new routine uses: (10) Assistance to Federal Agencies
and Entities Related to Breaches--to assist with other Federal
agencies' data breach situations, which is required by OMB Memorandum
No. M-17-12; and (11) Non-Federal Personnel--to allow access to
information to contractors, other vendors, grantees, and volunteers who
have been engaged to assist the FCC in the performance of a contract,
service, grant, or cooperative agreement; and
5. Deleting former routine use (6) Department of Justice, which is
duplicative of current routine use (5) Litigation.
The system of records is also updated to reflect various
administrative changes related to the system managers and system
addresses; policy and practices for storage and retrieval of the
information; administrative, technical, and physical safeguards; and
updated notification, records access, and contesting records
procedures.
SYSTEM NAME AND NUMBER:
FCC/CGB-3, National Deaf-Blind Equipment Distribution Program
(NDBEDP).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Consumer and Governmental Affairs Bureau (CGB), FCC, 45 L Street
NE, Washington, DC 20554.
SYSTEM MANAGER(S):
CGB, FCC, 45 L Street NE, Washington, DC 20554.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
47 U.S.C. 154, 201, 218, 222, 225, 226, 228, 254(k), and 620;
Telecommunications Act of 1996, Public Law 014-104, 110 Stat. 56;
Twenty-First Century Communications and Video Accessibility Act of
2010, as amended, Public Law 111-265, 124 Stat 2795.
PURPOSE(S) OF THE SYSTEM:
This system collects records submitted by the certified equipment
distribution program in each state, as required by the NDBEDP, to
maintain each state's certification to participate in this program.
Collecting and maintaining the required types of information allows
staff access to documents necessary for key activities discussed in
this SORN, including maintaining information regarding certified
program participants; analyzing effectiveness and efficiency of this
and related FCC programs; informing future rule and policy-making
activity; and improving staff efficiency. Records in this system are
available for public inspection, e.g., in response to requests under
the Freedom of Information Act (FOIA), after redaction of information
that could identify a complainant or correspondent, such as the
complainant's name, address, telephone number, fax number, and/or email
address.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
1. Individuals who request or receive the NDBEDP equipment;
2. Individuals who attest to the disability of the individual
receiving the NDBEDP equipment and/or matters related to the
eligibility requirements, qualifications, and regulations, etc., for
those seeking to participate in the NDBEDP;
3. Individuals who may file complaints, and parties named in or
involved with the complaint, including, but not limited to, both formal
and informal complaints, and inquiries on behalf of themselves or
NDBEDP participants and matters related to NDBEDP rules and
regulations; and
4. Certain non-Federal personnel performing services or activities
related to this system of records, including, but not limited to,
representatives of equipment distribution programs.
CATEGORIES OF RECORDS IN THE SYSTEM:
1. The name and contact information, including street address,
email address, and phone number for the individuals requesting or
receiving the NDBEDP equipment;
2. The name and contact information, including street and email
addresses,
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phone number(s), and fax number(s) for the individuals attesting to the
disability of the individual who is deaf-blind;
3. Other miscellaneous PII related to the individuals who
participate in this program, e.g., response data for equipment
requests, users' complaints, evaluation of the users' needs, user
training data, outreach activities, equipment request denial data, and
medical attestations or records regarding disability qualifications and
eligibility requirements;
4. The name and contact information, including street and email
addresses, phone number(s), and fax number(s) for certain non-Federal
personnel performing services or activities related to this system of
records, including, but not limited to, representatives of equipment
distribution programs;
5. The name and contact information, including street and email
addresses, phone number(s), and fax number(s) for individuals who make
or have made formal and informal complaints and inquiries (including
related supporting information), and parties named in or involved with
the complaint or inquiry, in any format (including but not limited to
paper, telephone, TTY, recording, Braille, and electronic submissions,
such as email, internet, etc.) on behalf of themselves or NDBEDP
participants; and
6. Commission correspondence, e.g., letters and related
communications regarding formal and informal complaints and inquiries
(which may include PII and related information) that pertain to the
NDBEDP programs, NDBEDP participants, involved parties, and the
certification and participation of each entity approved by the
Commission to participate in the NDBEDP.
RECORD SOURCE CATEGORIES:
Information in this system is provided by individuals who request
or receive the NDBEDP equipment; individuals, groups, and other
entities who attest to the disability of the individual requesting or
receiving the equipment; and other individuals, groups, and other
entities who have a connection to the NDBEDP and its participants,
e.g., those filing or involved with formal and informal complaints or
inquiries on behalf of the participants or otherwise performing
services or activities related to this system of records
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Information about individuals in this system of records may
routinely be disclosed under the following conditions:
1. Formal or Informal Complaints--When a record in this system
involves a formal or informal complaint, and/or inquiry filed against
an NDBEDP certified program and related entities, the complaint or
inquiry may be forwarded to the subject certified program for that
state, the appropriate State and Federal medical boards, certifying
associations, and related groups, and personal physicians (who may
determine whether an individual meets the eligibility criteria for
participation in the NDBEDP) for a response.
2. Medical Records--A medical attestation or record (including but
not limited to third-party attestations, certifications, and
declarations of disability) from this system may be disclosed to
appropriate entities, including, but not limited to, the subject
certified program for that state, the appropriate State and Federal
medical boards, certifying associations, and related groups, and
personal physicians for the purposes of determining whether an
individual meets the eligibility criteria of being deaf-blind required
to participate in the NDBEDP.
3. Income Eligibility Records--A record from this system may be
disclosed to appropriate entities, including but not limited to the
subject certified program for that state, as well as the appropriate
State and Federal certifying boards and authorities, for the purposes
of determining whether an individual meets the income eligibility
criteria required to participate in the NDBEDP.
4. Law Enforcement and Investigation--To disclose pertinent
information to appropriate Federal, State, Tribal, or local agencies,
authorities, and officials responsible for investigating, prosecuting,
enforcing, or implementing a statute, rule, regulation, order, or other
requirement when the FCC becomes aware of an indication of a violation
or potential violation of a civil or criminal statute, law, regulation,
order, or other requirement.
5. Litigation--To disclose records to the Department of Justice
(DOJ) when: (a) the FCC or any component thereof; (b) any employee of
the FCC in his or her official capacity; (c) any employee of the FCC in
his or her individual capacity where the DOJ or the FCC has agreed to
represent the employee; or (d) the United States Government is a party
to litigation or has an interest in such litigation, and by careful
review, the FCC determines that the records are both relevant and
necessary to the litigation, and the use of such records by the
Department of Justice is for a purpose that is compatible with the
purpose for which the FCC collected the records.
6. Adjudication--To disclose records in a proceeding before a court
or adjudicative body, when: (a) the FCC or any component thereof; or
(b) any employee of the FCC in his or her official capacity; or (c) any
employee of the FCC in his or her individual capacity; or (d) the
United States Government, is a party to litigation or has an interest
in such litigation, and by careful review, the FCC determines that the
records are both relevant and necessary to the litigation, and that the
use of such records is for a purpose that is compatible with the
purpose for which the agency collected the records.
7. Congressional Inquiries--To provide information to a
Congressional office from the record of an individual in response to an
inquiry from that Congressional office made at the written request of
that individual.
8. Government-wide Program Management and Oversight--To DOJ to
obtain that department's advice regarding disclosure obligations under
the Freedom of Information Act (FOIA); or to the Office of Management
and Budget (OMB) to obtain that office's advice regarding obligations
under the Privacy Act.
9. Breach Notification--To appropriate agencies, entities, and
persons when: (a) the Commission suspects or has confirmed that there
has been a breach of PII maintained in the system of records; (b) the
Commission 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 system, 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.
10. Assistance to Federal Agencies and Entities Related to
Breaches--To another Federal agency or Federal entity, when the
Commission determines that information from this system 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 systems, program, and operations),
the Federal Government, or national security, resulting from a
suspected or confirmed breach.
[[Page 60454]]
11. Non-Federal Personnel--To disclose information to non-Federal
personnel, including contractors, other vendors (e.g., identity
verification services), grantees, and volunteers who have been engaged
to assist the FCC in the performance of a contract, service, grant,
cooperative agreement, or other activity related to this system of
records and who need to have access to the records in order to perform
their activity.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
This electronic system of records resides on the FCC's network or
on an FCC vendor's network.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records in this system of records can be retrieved by any category
field, e.g., the individual's contact information, including the
individual's name(s), street address, email address(es), landline phone
and cell phone number(s), complainant(s), and description fields.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The information in this system is maintained and disposed of in
accordance with the National Archives and Records Administration (NARA)
General Records Schedule DAA-0173-2017-0002.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
The electronic records, files, and data are stored within FCC or a
vendor's accreditation boundaries and maintained in a database housed
in the FCC's or vendor's computer network databases. Access to the
electronic files is restricted to authorized employees and contractors;
and to IT staff, contractors, and vendors who maintain the IT networks
and services. Other employees and contractors may be granted access on
a need-to-know basis. The electronic files and records are protected by
the FCC and third-party privacy safeguards, a comprehensive and dynamic
set of IT safety and security protocols and features that are designed
to meet all Federal privacy standards, including those required by the
Federal Information Security Modernization Act of 2014 (FISMA), OMB,
and the National Institute of Standards and Technology (NIST).
RECORD ACCESS PROCEDURES:
Individuals wishing to request access to and/or amendment of
records about themselves should follow the Notification Procedure
below.
CONTESTING RECORD PROCEDURES:
Individuals wishing to request access to and/or amendment of
records about themselves should follow the Notification Procedure
below.
NOTIFICATION PROCEDURES:
Individuals wishing to determine whether this system of records
contains information about themselves may do so by writing to
<a href="/cdn-cgi/l/email-protection#0777756e7166647e4761646429606871"><span class="__cf_email__" data-cfemail="e393918a9582809aa3858080cd848c95">[email protected]</span></a>. Individuals requesting access must also comply with
the FCC's Privacy Act regulations regarding verification of identity to
gain access to records as required under 47 CFR part 0, subpart E.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
77 FR 2721 (January 19, 2012).
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2023-18946 Filed 8-31-23; 8:45 am]
BILLING CODE 6712-01-P
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</html>Indexed from Federal Register on September 1, 2023.
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