Notice2024-24893
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
October 25, 2024
Effective
October 25, 2024
Issuing agencies
Federal Communications Commission
Abstract
The Federal Communications Commission (FCC, Commission, or Agency) has modified an existing system of records, FCC/OET-2, Equipment Authorization Electronic Filing System (EAS) (formerly "Equipment Authorization Records and Files"), 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 FCC's Office of Engineering and Technology (OET) uses the information in this system to verify that radio frequency equipment proposed for marketing complies with FCC requirements and to determine the interference potential of radio frequency equipment proposed for marketing.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 207 (Friday, October 25, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 207 (Friday, October 25, 2024)]
[Notices]
[Pages 85203-85205]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-24893]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[FR ID: 256495]
Privacy Act of 1974; System of Records
AGENCY: Federal Communications Commission.
ACTION: Notice of a modified system of records.
-----------------------------------------------------------------------
SUMMARY: The Federal Communications Commission (FCC, Commission, or
Agency) has modified an existing system of records, FCC/OET-2,
Equipment Authorization Electronic Filing System (EAS) (formerly
``Equipment Authorization Records and Files''), 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 FCC's Office of Engineering and Technology (OET) uses the
information in this system to verify that radio frequency equipment
proposed for marketing complies with FCC requirements and to determine
the interference potential of radio frequency equipment proposed for
marketing.
DATES: This modified system of records will become effective on October
25, 2024. Written comments on the routine uses are due by November 25,
2024. The routine uses in this action will become effective on November
25, 2024 unless comments are received that require a contrary
determination.
ADDRESSES: Send comments to Brendan McTaggart, Federal Communications
Commission (FCC), 45 L Street NE, Washington, DC 20554, or to
<a href="/cdn-cgi/l/email-protection#2050524956414359604643430e474f56"><span class="__cf_email__" data-cfemail="7e0e0c17081f1d073e181d1d50191108">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Brendan McTaggart, (202) 418-1738, or
<a href="/cdn-cgi/l/email-protection#8afaf8e3fcebe9f3caece9e9a4ede5fc"><span class="__cf_email__" data-cfemail="ddadafb4abbcbea49dbbbebef3bab2ab">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This notice serves to update and modify FCC/
OET-2 as a result of various necessary changes and updates. The
substantive changes and modifications to the previously published
version of the FCC/OET-2 system of records include:
1. Renaming the system ``Equipment Authorization Electronic Filing
System (EAS)'';
2. Updating the Authority, Purpose, Categories of Individuals, and
Record Source Categories of this system for accuracy and clarity;
3. Adding three new routines (listed by the routine use number
provided in this notice): (7) Breach Notification, the addition of
which is as required by
[[Page 85204]]
OMB Memorandum No. M-17-12; (8) Assistance to Federal Agencies and
Entities Related to Breaches, the addition of which is required by OMB
Memorandum No. M-17-12; and (9) Non-Federal Personnel;
4. Updating and/or revising language in five routine uses (listed
by the routine use number provided in this notice): (2) Litigation and
(3) Adjudication (now two separate routine uses); (4) Law Enforcement
and Investigation; (5) Congressional Inquiries; and (6) Government-wide
Program Management and Oversight;
5. Updating the SORN to include the relevant National Archives and
Records Administration (NARA) Records Schedule, DAA-0173-2019-0001,
Office of Engineering and Technology--Laboratory Division Records.
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/OET-2, Equipment Authorization Electronic Filing System (EAS).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
OET, Laboratory Division, Federal Communications Commission (FCC),
7435 Oakland Mills Road, Columbia, MD 21046.
SYSTEM MANAGER:
Chief, Laboratory Division, OET, FCC, 7435 Oakland Mills Road,
Columbia, MD 21046.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
47 U.S.C. 302a; 47 U.S.C. 1601 note.
PURPOSES OF THE SYSTEM:
The records in this system document the compliance with FCC
requirements and interference potential of radio frequency equipment
proposed for marketing. The system also permits the FCC to collect and
maintain information necessary for FCC staff to perform key activities,
including analyzing the effectiveness and efficiency of FCC programs
and informing rule-making and policy-making activities.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who have applied for or been granted an authorization
to market radio frequency equipment, in accordance with Part 2 of the
Federal Communications Commission's (FCC) rules; individuals who are
responsible for testing and determining compliance of the equipment
that is subject to the relevant authorization; and individuals
responsible for assessing, accrediting, and designating those
individuals responsible for testing and determining compliance of
equipment.
CATEGORIES OF RECORDS IN THE SYSTEM:
1. FCC Form 731, Application for Equipment Authorization, and any
exhibits, test reports, and other supporting documentation submitted by
an applicant that demonstrates compliance with the rules for radio
frequency equipment.
2. Entity management information (collected by webform) and
attachments regarding accrediting bodies, designating authorities, and
conformity assessment bodies (which includes both Telecommunication
Certification Bodies (TCBs) and test labs).
RECORD SOURCE CATEGORIES:
Information in this system is supplied by individuals applying to
receive equipment authorization, individuals who are responsible for
testing and determining compliance of the equipment that is subject to
the relevant authorization, and individuals responsible for assessing,
accrediting, and designating those individuals who are responsible for
testing and determining compliance of equipment.
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, all or a portion of the records or
information contained in this system may routinely be disclosed as
follows:
1. Public Access--Information from this system related to granted
equipment authorizations or any individuals associated with entities
covered by this system may be disclosed to the public if it is
routinely available for public inspection under 47 CFR 0.457(d)(1)(ii)
and a request has not been made or granted to give the information
confidential treatment under 47 CFR 0.459. Pending equipment
authorization requests are specifically excluded from disclosure prior
to the effective date of the authorization, as specified in
0.457(d)(1)(ii).
2. Litigation--Records may be disclosed 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.
3. Adjudication--Records may be disclosed 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.
4. Law Enforcement and Investigation--When the FCC investigates any
violation or potential violation of a civil or criminal law,
regulation, policy, executed consent decree, order, or any other type
of compulsory obligation and determines that a record in this system,
either alone or in conjunction with other information, indicates a
violation or potential violation of law, regulation, policy, consent
decree, order, or other compulsory obligation, the FCC may disclose
pertinent information as it deems necessary to the target of an
investigation, as well as with the appropriate Federal, state, local,
Tribal, international, or multinational agencies, or a component of
such an agency, responsible for investigating, prosecuting, enforcing,
or implementing a statute, rule, regulation, or order.
5. Congressional Inquiries--Records may be provided to a
Congressional office in response to an inquiry from that Congressional
office made at the written request of that individual to whom the
records pertain.
6. Government-wide Program Management and Oversight--Records may be
disclosed 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.
[[Page 85205]]
7. Breach Notification--Records may be disclosed to appropriate
agencies, entities, and persons when: (a) The Commission suspects or
has confirmed that there has been a breach of 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 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.
8. Assistance to Federal Agencies and Entities Related to
Breaches--Records may be disclosed 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.
9. Non-Federal Personnel--Records may be disclosed 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 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 an electronic system of records that resides on the FCC or a
vendor's network.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Scanned images, electronic records of data elements, and electronic
copies of granted equipment authorizations, as well as information
about individuals associated with entities covered by the system, may
be retrieved from the OET EAS website at <a href="https://apps.fcc.gov/tcb/TcbHome.do">https://apps.fcc.gov/tcb/TcbHome.do</a> by clicking on the desired link in the Reports section on
the left hand side of the page. Records may be retrieved using a
variety of parameters.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The information in this system is maintained and disposed of in
accordance with NARA Records Schedule DAA-0173-2019-0001, Office of
Engineering and Technology--Laboratory Division Records.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
OET makes all records, documents, and files available to the public
except: (1) files that are not routinely available for public
inspection as defined in 47 CFR 0.457(d)(1)(ii); and/or (2) files that
have been submitted in compliance with the confidentiality request
requirement of 47 CFR 0.459. When not publicly available, 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), the
Office of Management and Budget (OMB), and the National Institute of
Standards and Technology (NIST).
RECORDS ACCESS PROCEDURES:
Individuals wishing to request access to and/or amendment of
records about themselves should follow the Notification Procedures
below.
CONTESTING RECORD PROCEDURES:
Individuals wishing to request an amendment of records about
themselves should follow the Notification Procedures 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#0c7c7e657a6d6f754c6a6f6f226b637a"><span class="__cf_email__" data-cfemail="2454564d5245475d644247470a434b52">[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 the records (47 CFR part 0, subpart E).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
65 FR 17242 (April 5, 2006).
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2024-24893 Filed 10-24-24; 8:45 am]
BILLING CODE 6712-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on October 25, 2024.
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.