Notice2023-20457
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
September 21, 2023
Effective
October 23, 2023
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Abstract
In accordance with the Privacy Act of 1974, all agencies are required to publish in the Federal Register a notice of their systems of records. Notice is hereby given that the Federal Energy Regulatory Commission (FERC) is publishing a notice of modifications to an existing FERC system of records, FERC--42 titled "Commission Security Access and Control Records."
Full Text
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<title>Federal Register, Volume 88 Issue 182 (Thursday, September 21, 2023)</title>
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[Federal Register Volume 88, Number 182 (Thursday, September 21, 2023)]
[Notices]
[Pages 65165-65167]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-20457]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
Privacy Act of 1974; System of Records
AGENCY: Federal Energy Regulatory Commission (FERC), DOE.
ACTION: Notice of a modified system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, all agencies are
required to publish in the Federal Register a notice of their systems
of records. Notice is hereby given that the Federal Energy Regulatory
Commission (FERC) is publishing a notice of modifications to an
existing FERC system of records, FERC--42 titled ``Commission Security
Access and Control Records.''
DATES: Please submit comments on this modified system of records on or
before October 23, 2023. These new routine uses are effective October
23, 2023. If no public comment is received during this period or unless
otherwise published in the Federal Register by FERC, the modified
system of records will become effective a minimum of 30 days after the
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#ea9a98839c8b8993aa8c8f9889c48d859c"><span class="__cf_email__" data-cfemail="5c2c2e352a3d3f251c3a392e3f723b332a">[email protected]</span></a>. Comments should indicate that they
are submitted in response to ``Commission Security Access and Control
Records'' (FERC--42).
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: In accordance with the Privacy Act of 1974,
and to comply with 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, this notice will incorporate
two new routine uses that 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 that was previously published separately at 87
FR 35543 and added 11 routine uses that are consistent with OPM
guidance. The following sections have been updated: dates; addresses;
for further contact information; system name and number; system
location; system manager; authority for maintenance of the system;
purpose; categories of individuals covered by the system; categories of
records in the system; routine uses of records maintained in the
system, including categories of users and the purpose of such; policies
and practices for storage of records; policies and practices for
retrieval of records; policies and practices for retention and disposal
of records; administrative, technical, and physical safeguards; record
access procedures; contesting record procedures; notification
procedures; and history.
SYSTEM NAME AND NUMBER:
Commission Security Access and Control Records (FERC--42)
[[Page 65166]]
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Federal Energy Regulatory Commission, Office of the Executive
Director, Chief Security Officer Directorate, Mission Integrity
Division, 888 First Street, Washington, DC 20426.
SYSTEM MANAGER(S):
Director, Federal Energy Regulatory Commission, Chief Security
Officer Directorate, Mission Integrity Division, 888 First Street NE,
Washington, DC 20426.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
41 CFR 102-74.375
PURPOSE(S) OF THE SYSTEM:
Records in this system of records are maintained for the following
purposes: providing access control permission to FERC's facilities as
well as visitors' security and management.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The following categories of individuals are covered by this system:
current and former FERC employees, current and former FERC contractors,
and members of the public visiting FERC facilities.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records maintained in this system include: full name; telephone
number; badge access permission; signature; driver license and/or ID
information including ID number, date of issuance, state of issuance,
expiration date, and other identifying information contained therein;
passport information including number, issuance date, expiration date,
and other identifying information contained therein; digital copies of
diver license, ID, and passport; and the date, time and entry point of
building access.
RECORD SOURCE CATEGORIES:
Records in the system are obtained from the individual to whom the
records pertain.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE 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, 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 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 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, 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.
13. To Department of Energy (DOE) to manage visitors access to FERC
facilities.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Electronic records are stored in FERC IT system and access to
electronic records is controlled by User ID and password combination
and/or the organizations Single Sign-On and Multi-Factor Authentication
solution. Paper records are stored in a lockable file room. Access to
electronic and paper records is restricted to those individuals whose
official duties require access.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by the individual's name, date, employee
badge number, card reader, or other
[[Page 65167]]
identifying information provided by the individual.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained and disposed of in accordance with the
schedule approved under the National Archives and Records
Administration's General Records Schedule 5.6: Security Management
Records:
Item 110: Visitor Processing Records, areas requiring highest level
security awareness, Disposition Authority: DAA-GRS-2017-0006-0014.
Temporary. Destroy when 5 (five) years old, but longer retention is
authorized if required for business use.
Item 111: Visitor Processing Records, all other facility security
areas, Disposition Authority: DAA-GRS-2017-006-0015. Temporary. Destroy
when two (2) years old but longer retention is authorized if required
for business use.
Item 120: Personal Identification Credentials and Cards,
Application and Activation Records, Disposition Authority: DAA-GRS-
2021-0001-0005. Temporary. Destroy six (6) years after the end of an
employee or contractor's tenure, but longer retention is authorized if
required for business use.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
See Policies and Practices for Storage of Records.
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:
65 FR 21756.
Issued: September 15, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-20457 Filed 9-20-23; 8:45 am]
BILLING CODE 6717-01-P
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</html>Indexed from Federal Register on September 21, 2023.
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.