Privacy Act System of Records, 17738-17741 [2010-7988]
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17738
Federal Register / Vol. 75, No. 66 / Wednesday, April 7, 2010 / Notices
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
available in hard copy, at the Office of
Pesticide Programs (OPP) Regulatory
Public Docket in Rm. S–4400, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are
from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal
holidays. The Docket Facility telephone
number is (703) 305–5805.
II. Contractor Requirements
Under these contract numbers, the
contractor will perform the following:
1. Under Contract No. EP10H000898,
the Contractor shall provide expertise
and update the computer models,
develop new models as appropriate, and
educate enforcement staff on the
models. The Contractor shall also
provide expert advice to law
enforcement personnel regarding
financial issues that impact enforcement
litigation, and, when directed, supports
enforcement negotiations.
2. These contracts involve no
subcontractors.
The OPP has determined that the
contracts described in this document
involve work that is being conducted in
connection with FIFRA, in that
pesticide chemicals will be the subject
of certain evaluations to be made under
this contract. These evaluations may be
used in subsequent regulatory decisions
under FIFRA.
Some of this information may be
entitled to confidential treatment. The
information has been submitted to EPA
under sections 3, 4, 6, and 7 of FIFRA
and under sections 408 and 409 of
FFDCA.
In accordance with the requirements
of 40 CFR 2.307(h)(3), the contracts with
Industrial Economics, Incorporated,
prohibits use of the information for any
purpose not specified in these contracts;
prohibits disclosure of the information
to a third party without prior written
approval from the Agency; and requires
that each official and employee of the
contractor sign an agreement to protect
the information from unauthorized
release and to handle it in accordance
with the FIFRA Information Security
Manual. In addition, Industrial
Economics, Incorporated is required to
submit, for EPA approval, a security
plan under which any CBI will be
secured and protected against
unauthorized release or compromise. No
information will be provided to
Industrial Economics, Incorporated
until the requirements in this document
have been fully satisfied. Records of
information provided to Industrial
Economics, Incorporated will be
maintained by EPA Project Officers for
these contracts. All information
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15:18 Apr 06, 2010
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supplied to Industrial Economics,
Incorporated by EPA for use in
connection with these contracts will be
returned to EPA when Industrial
Economics, Incorporated has completed
its work.
List of Subjects
Environmental protection, Business
and industry, Government contracts,
Government property, Security
measures.
Dated: March 29, 2010.
Oscar Morales,
Acting Director, Office of Pesticide Programs.
[FR Doc. 2010–7859 Filed 4–6–10; 8:45 am]
BILLING CODE 6560–50–S
FEDERAL COMMUNICATIONS
COMMISSION
Privacy Act System of Records
AGENCY: Federal Communications
Commission (FCC or Commission).
ACTION: Notice; one altered Privacy Act
system of records; revision of one
routine use; and addition of one new
routine use.
SUMMARY: Pursuant to subsection (e)(4)
of the Privacy Act of 1974, as amended
(Privacy Act), 5 U.S.C. 552a, the FCC
proposes to change the name of and
alter one system of records, FCC/OSP–
1, ‘‘Broadband Dead Zone Report and
Consumer Broadband Test’’ (formerly
FCC/OMD–27, ‘‘Broadband
Unavailability Survey and Broadband
Quality Test’’). The altered system of
records incorporates a change to the
system’s name. The FCC will also alter
the system’s location; the categories of
individuals; the categories of records;
the purposes for which the information
is maintained; one routine use (and add
a new routine use); the retrievability,
access, safeguards, and retention and
disposal procedures; the system
manager and address; the record source
categories; and make other edits and
revisions as necessary to update the
information and to comply with the
requirements of the Privacy Act.
DATES: In accordance with 5 U.S.C.
552a(e)(4) and (e)(11) of the Privacy Act,
any interested person may submit
written comments concerning the
alteration of this system of records on or
before May 7, 2010. Pursuant to
Appendix I, 4(e) of OMB Circular A–
130, the FCC is asking the
Administrator, Office of Information
and Regulatory Affairs (OIRA), Office of
Management and Budget (OMB), which
has oversight responsibility under the
Privacy Act to review system of records
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notices (SORN), to grant a waiver of the
40 day review period by OMB and
Congress for this system of records. The
FCC is requesting this waiver to permit
the sharing of the information in this
system with the National
Telecommunications and Information
Administration (NTIA) and the NTIA
State Designated Entities for the 56 State
Broadband Data and Development Grant
Programs in order to save resources,
time, avoid duplication, synthesize
methodology, and gather accurate
availability information. The proposed
altered system of records will become
effective on May 7, 2010 unless the FCC
receives comments that require a
contrary determination. The
Commission will publish a document in
the Federal Register notifying the
public if any changes are necessary. As
required by 5 U.S.C. 552a(r) of the
Privacy Act, the FCC is submitting
reports on this proposed altered system
to OMB and Congress.
ADDRESSES: Address comments to Leslie
F. Smith, Privacy Analyst, Performance
Evaluation and Records Management
(PERM), Federal Communications
Commission (FCC), 445 12th Street,
SW., Washington, DC 20554, or via the
Internet at Leslie.Smith@fcc.gov.
FOR FURTHER INFORMATION CONTACT:
Leslie F. Smith, Performance Evaluation
and Records Management (PERM),
Federal Communications Commission
(FCC), 445 12th Street, SW.,
Washington, DC 20554, (202) 418–0217,
or via the Internet at
Leslie.Smith@fcc.gov.
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 alteration of one system
of records maintained by the FCC,
revision of one routine use, and
addition of one new routine use. The
FCC previously gave complete notice of
the system of records (FCC/OMD–27,
‘‘Broadband Unavailability Survey and
Broadband Quality Test’’) covered under
this Notice by publication in the
Federal Register on December 30, 2009
(74 FR 69098). This notice is a summary
of the more detailed information about
the proposed altered system of records,
which may be viewed at the location
given above in the ‘‘ADDRESSES’’ section.
The purposes for altering FCC/OSP–1,
‘‘Broadband Dead Zone Report and
Consumer Broadband Test’’ are to
change the name of the system; to
change the system location; to revise the
categories of individuals; to revise the
categories of records; to revise the
purposes for which the information is
maintained; to revise one routine use
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WReier-Aviles on DSKGBLS3C1PROD with NOTICES
Federal Register / Vol. 75, No. 66 / Wednesday, April 7, 2010 / Notices
and add a new routine use; to revise the
retrievability, access, safeguards, and
retention and disposal procedures; to
change the system manager and address;
to change the record source categories;
and to make other edits and revisions as
necessary to update the information and
to comply with the Privacy Act.
The FCC will achieve these purposes
by altering this system of records with
these changes:
Revision of the title of this system, for
clarity and to note that this system has
been moved from the Office of
Managing Director (OMD) to the Office
of Strategic Planning (OSP);
Revision of the language in the system
location, for clarity and to note that that
this system has been moved from the
Office of Managing Director (OMD) to
the Office of Strategic Planning (OSP);
Revision of the language regarding the
categories of individuals in the system,
for clarity and to add that the categories
of individuals include individuals who
participate in the Broadband Dead Zone
Report voluntary survey and individuals
who participate in the voluntary
Consumer Broadband Test.
Revision of the language regarding the
categories of records in the system, for
clarity and to add that the categories of
records include the street address, city,
state, and zip code of each individual
who selects to participate in the
Broadband Dead Zone Report survey
and each individual who participates in
the Internet service Consumer
Broadband Test; and that (A)dditionally
the Consumer Broadband Test also
collects the ‘‘Internet Protocol (IP)
address’’ for each user who selects to
participate;
Revision of the language regarding the
purposes for which the information is
maintained, for clarity and to add that
the Commission uses the records in this
system collected from the Broadband
Dead Zone Report and the Consumer
Broadband Test to determine the access
of US residents to broadband—cable,
and DSL, fiber, mobile wireless, and
other broadband services, and to gather
data on the quality of the broadband
services being provided; that (T)he
Consumer Broadband Test permits users
to measure the quality of their fixed or
mobile Internet broadband connection;
that (I)ndividual street addresses and IP
addresses will not be made public by
the FCC, but aggregated or anonymized
data from the database may be made
public; that (A)dditionally, IP address
may be shared with FCC software
partners as part of the Consumer
Broadband Test application; that
(T)hese partners may publish the IP
address and broadband performance
data to the public (but the IP address
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15:18 Apr 06, 2010
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will not be associated with a street
address); and that (t)hese data may be
used to inform implementation of the
National Broadband Plan, the National
Broadband Map and other proceedings
related to the provisioning of broadband
services;
Revision of Routine Use (7) to
incorporate the change in the title of
this system, Broadband Dead Zone
Report and Consumer Broadband Test
in this routine use.
Routine Use (7) allows that disclosure
of the information collected through the
Broadband Dead Zone Report and
Consumer Broadband Test, with the
exception of any personally identifiable
information (PII), may be shared with
public-public-private partnerships and
with the Telecommunications Program
of the United States Department of
Agriculture (USDA) Rural Development
Agency. This sharing regime is
described in the Commission’s
Broadband Data Order of 2008 (FCC 08–
89).
Addition of a new Routine Use (8) to
allow information collected through the
Broadband Dead Zone Report and the
Consumer Broadband Test, including
the personally identifiable information
(PII), to be shared with the National
Telecommunications and Information
Administration (NTIA) and the 56 State
Designated Entities for the State
Broadband Data & Development Grant
Program:
Routine Use (8) allows that disclosure
of the information collected through the
Broadband Dead Zone Report and
Consumer Broadband Test, including
the personally identifiable information
(PII), may be shared with the National
Telecommunications and Information
Administration (NTIA) and the 56 State
Designated Entities for the State
Broadband Data & Development Grant
Program, who are tasked with gathering
broadband availability information that
will be delivered to the FCC and NTIA
for compilation into the National
Broadband Map. Any PII shared with
these entities will be disclosed under
the rules of the agreement between
NTIA and the state grantees governing
the protection of sensitive, protected, or
classified data collected pursuant to the
grant program. The NTIA and the state
grantees will not make any PII publicly
available.
Revision of the language regarding the
policies and practices for retrieving the
records in this system, for clarity and to
add a fourth response to the broadband
Internet access question: (4) the
individual’s IP address; and to
incorporate the change in the system’s
title so that (f)urthermore, the
information may be retrieved and/or
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17739
aggregated based upon other Consumer
Broadband Test variables, such as
broadband speed, latency, jitter, and
packet loss, among other broadband
quality variables;
Revision of the language regarding the
policies and practices for accessing and
safeguarding the records in this system,
for clarity and to incorporate the change
in the system’s title to the Broadband
Dead Zone Report or Consumer
Broadband Test’s database; and to add
that (a)ccess to the information housed
in the Dead Zone Report or the
Consumer Broadband Test database,
which is housed in the FCC’s computer
network databases, is restricted to
authorized supervisors and staff in the
Office of Strategic Planning (OSP) and
the Information Technology Center’s
(ITC) Planning and Support Group, who
maintain these computer databases.
Additionally, staff of the National
Broadband Map may be granted access
to this data.
Revision of the language regarding the
policies and practices for the retention
and disposal of the records in this
system, for clarity and to incorporate the
change in the system’s title thus, the
information in the system is limited to
electronic files, records, and data, which
pertains to the Broadband Dead Zone
Report, which includes: (1) The
information obtained from individuals
who participated in the Consumer
Broadband Test;
Revision of the language regarding the
system manager and address,
notification, record access, and
contesting record procedures, to
incorporate the change in the system
manager from the Office of Managing
Director (OMD) to the Office of Strategic
Planning (OSP); and that it is OSP to
whom inquiries, notification
procedures, record access procedures,
and contesting records procedures
should be addressed; and
Revision of the language regarding the
record source categories, for clarity and
to incorporate the change in the
system’s name, and that the sources for
the information in this system are the
Broadband Dead Zone Report survey
respondents and the Consumer
Broadband Test participants.
The Commission will use the records
in FCC/OSP–1, ‘‘Broadband Dead Zone
Report and Consumer Broadband Test,’’
which are collected from the Broadband
Dead Zone Report and the Consumer
Broadband Test to determine the access
of US residents to broadband—cable,
and DSL, fiber, mobile wireless, and
other broadband services, and to gather
data on the quality of the broadband
services being provided. The Consumer
Broadband Test permits users to
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17740
Federal Register / Vol. 75, No. 66 / Wednesday, April 7, 2010 / Notices
measure the quality of their fixed or
mobile Internet broadband connection.
Individual street addresses will not be
made public, but aggregated or
anonymized data from the database may
be made public. These data may be used
to inform implementation of the
National Broadband Plan, the National
Broadband Map and other proceedings
related to the provisioning of broadband
services.
This notice meets the requirement of
documenting the changes to this system
of records that the FCC maintains, and
provides the public, OMB, and Congress
an opportunity to comment.
FCC/OSP–1
SYSTEM NAME:
Broadband Dead Zone Report and
Consumer Broadband Test.
SECURITY CLASSIFICATION:
The FCC’s Security Operations Center
(SOC) has not assigned a security
classification to this system of records.
SYSTEM LOCATION:
Office of Strategic Planning (OSP),
Federal Communications Commission
(FCC), 445 12th Street, SW.,
Washington, DC 20554.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
The categories of individuals in this
system include individuals who
participate in the Broadband Dead Zone
Report voluntary survey and individuals
who participate in voluntary Consumer
Broadband Test.
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records in this
system include the street address, city,
state, zip code, and the Internet Protocol
(IP) address of each individual who
selects to participate in the Broadband
Dead Zone Report survey and each
individual who participates in the
Internet service Consumer Broadband
Test. Additionally, the Consumer
Broadband Test also collects the
‘‘Internet Protocol (IP) address’’ of each
user who selects to participate.
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Broadband Data Improvement Act of
2008, Public Law 110–385, Stat 4096
section 103(c)(1); American
Reinvestment and Recovery Act of 2009
(ARRA), Pub. L. 111–5, 123 Stat 115
(2009); and Communications Act, 47
U.S.C. 154(i).
PURPOSES:
The Commission uses the records in
this system collected from the
Broadband Dead Zone Report and the
Consumer Broadband Test to determine
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15:18 Apr 06, 2010
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the access of U.S. residents to
broadband—cable, and DSL, fiber,
mobile wireless, and other broadband
services, and to gather data on the
quality of the broadband services being
provided. The Consumer Broadband
Test permits users to measure the
quality of their fixed or mobile Internet
broadband connection. Individual street
addresses and IP addresses will not be
made public by the FCC, but aggregated
or anonymized data from the database
may be made public. Additionally, IP
addresses may be shared with FCC
software partners as part of the
Consumer Broadband Test application.
These partners may publish the IP
address and broadband performance
data to the public (but the IP address
will not be associated with a street
address). These data may be used to
inform implementation of the National
Broadband Plan, the National
Broadband Map and other proceedings
related to the provisioning of broadband
services.
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. Where there is an indication of a
violation or potential violation of a
statute, regulation, rule, or order,
records from this system may be
referred to the appropriate Federal,
State, or local agency responsible for
investigating or prosecuting a violation
or for implementing or enforcing the
statute, rule, regulation, or order.
2. A record on an individual in this
system of records may be disclosed,
where pertinent, in any legal proceeding
to which the Commission is a party
before a court or administrative body.
3. A record from this system of
records may be disclosed to the
Department of Justice or in a proceeding
before a court or adjudicative body
when:
(a) The United States, the
Commission, a component of the
Commission, or, when represented by
the government, an employee of the
Commission is a party to litigation or
anticipated litigation or has an interest
in such litigation, and
(b) The Commission determines that
the disclosure is relevant or necessary to
the litigation.
4. A record on an individual in this
system of records may be disclosed to a
Congressional office in response to an
inquiry the individual has made to the
Congressional office.
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5. A record from this system of
records may be disclosed to General
Services Administration (GSA) and the
National Archives and Records
Administration (NARA) for the purpose
of records management inspections
conducted under authority of 44 U.S.C.
2904 and 2906. Such disclosure shall
not be used to make a determination
about individuals.
6. A record from this system may be
disclosed to appropriate agencies,
entities, and persons when (1) the
Commission suspects or has confirmed
that the security or confidentiality of
information in the system of records has
been compromised; (2) the Commission
has determined that as a result of the
suspected or confirmed compromise
there is a risk of harm to economic or
property interests, identity theft or
fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by the
Commission or another agency or entity)
that rely upon the compromised
information; 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 compromise and prevent,
minimize, or remedy such harm.
7. The information collected through
the Broadband Dead Zone Report and
Consumer Broadband Test, with the
exception of any personally identifiable
information (PII), may be shared with
public-private partnerships and with the
Telecommunications Program of the
United States Department of Agriculture
(USDA) Rural Development Agency.
This sharing regime is described in the
Commission’s Broadband Data Order of
2008 (FCC 08–89).
8. The information collected through
the Broadband Dead Zone Report and
Consumer Broadband Test, including
the personally identifiable information
(PII), may be shared with the National
Telecommunications and Information
Administration (NTIA) and the 56 State
Designated Entities for the State
Broadband Data & Development Grant
Program, who are tasked with gathering
broadband availability information that
will be delivered to the FCC and NTIA
for compilation into the National
Broadband Map. Any PII shared with
these entities will be disclosed under
the rules of the agreement between
NTIA and the state grantees governing
the protection of sensitive, protected, or
classified data collected pursuant to the
grant program. The NTIA and the state
grantees will not make any PII publicly
available.
In each of these cases, the FCC will
determine whether disclosure of the
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Federal Register / Vol. 75, No. 66 / Wednesday, April 7, 2010 / Notices
records is compatible with the purpose
for which the records were collected.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
(2) The information obtained from
individuals who participated in the
Consumer Broadband Test.
Until the National Archives and
Records Administration (NARA)
approves the retention and disposal
schedule, these records will be treated
as permanent.
SYSTEM MANAGER(S) AND ADDRESS(ES):
STORAGE:
The information includes the
electronic data and records that are
stored in the FCC’s computer network
databases.
Address inquiries to the Office of
Strategic Planning (OSP), Federal
Communications Commission (FCC),
445 12th Street, SW., Washington, DC
20554.
RETRIEVABILITY:
NOTIFICATION PROCEDURE:
Information in the Broadband Dead
Zone Report and Consumer Broadband
Test system may be retrieved by the
responses to the broadband Internet
access questions: (1) Broadband access
(yes/no); (2) broadband service
availability (check boxes for types of
broadband services available at an
individual’s home); (3) the individual’s
home address: Street address, city, state,
and zip code; and (4) the individual’s IP
address. Furthermore, the information
may be retreived and/or aggregated
based upon other Consumer Broadband
Test variables, such as broadband speed,
latency, jitter, and packet loss, among
other broadband quality variables.
Address inquiries to the Office of
Strategic Planning (OSP), Federal
Communications Commission (FCC),
445 12th Street, SW., Washington, DC
20554.
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
SAFEGUARDS:
Access to the information in the
Broadband Dead Zone Report or the
Consumer Broadband Test database,
which is housed in the FCC’s computer
network databases, is restricted to
authorized supervisors and staff in the
Office of Strategic Planning (OSP) and
the Information Technology Center’s
(ITC) Planning and Support Group, who
maintain these computer databases.
Additionally, staff of the National
Broadband Map may be granted access
to this data. Other FCC employees and
contractors may be granted access on a
‘‘need-to-know’’ basis. The FCC’s
computer network databases are
protected by the FCC’s security
protocols, which include controlled
access, passwords, and other security
features. Information resident on the
database servers is backed-up routinely
onto magnetic media. Back-up tapes are
stored on-site and at a secured, off-site
location.
RETENTION AND DISPOSAL:
The information in this system is
limited to electronic files, records, and
data, which pertains to the Dead Zone
Report, which includes:
(1) The information obtained from
individuals who participated in the
Consumer Information survey; and
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RECORD ACCESS PROCEDURES:
Address inquiries to the Office of
Strategic Planning (OSP), Federal
Communications Commission (FCC),
445 12th Street, SW., Washington, DC
20554.
CONTESTING RECORD PROCEDURES:
Address inquiries to the Office of
Strategic Planning (OSP), Federal
Communications Commission (FCC),
445 12th Street, SW., Washington, DC
20554.
RECORD SOURCE CATEGORIES:
The sources for the information in
this system are the Broadband Dead
Zone Report survey respondents and
Consumer Broadband Test participants.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2010–7988 Filed 4–6–10; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL DEPOSIT INSURANCE
CORPORATION
FDIC Advisory Committee on
Community Banking; Notice of Meeting
AGENCY: Federal Deposit Insurance
Corporation (FDIC).
ACTION: Notice of open meeting.
SUMMARY: In accordance with the
Federal Advisory Committee Act, notice
is hereby given of a meeting of the FDIC
Advisory Committee on Community
Banking, which will be held in
Washington, DC. The Advisory
Committee will provide advice and
recommendations on a broad range of
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17741
policy issues that have a particular
impact on community banks throughout
the United States and the local
communities they serve.
DATES: Wednesday, April 21, 2010, from
8:30 a.m. to 3:30 p.m.
ADDRESS: The meeting will be held in
the FDIC Board Room on the sixth floor
of the FDIC Building located at 550 17th
Street, NW., Washington, DC.
FOR FURTHER INFORMATION CONTACT:
Requests for further information
concerning the meeting may be directed
to Mr. Robert E. Feldman, Committee
Management Officer of the FDIC, at
(202) 898–7043.
SUPPLEMENTARY INFORMATION:
Agenda: The agenda will include a
discussion of supervisory, assessment,
consumer protection and/or legislative
issues of particular importance to
community banks. The agenda may be
subject to change. Any changes to the
agenda will be announced at the
beginning of the meeting.
Type of Meeting: The meeting will be
open to the public, limited only by the
space available on a first-come, firstserved basis. For security reasons,
members of the public will be subject to
security screening procedures and must
present a valid photo identification to
enter the building. The FDIC will
provide attendees with auxiliary aids
(e.g., sign language interpretation)
required for this meeting. Those
attendees needing such assistance
should call (703) 562–6067 (Voice or
TTY) at least two days before the
meeting to make necessary
arrangements. Written statements may
be filed with the committee before or
after the meeting. This Community
Banking Advisory Committee meeting
will be Webcast live via the Internet at
https://www.vodium.com/goto/fdic/
communitybanking.asp. This service is
free and available to anyone with the
following systems requirements: https://
www.vodium.com/home/sysreq.html.
Adobe Flash Player is required to view
these presentations. The latest version
of Adobe Flash Player can be
downloaded at https://www.adobe.com/
shockwave/download/download.cgi?P1_
Prod_Version=ShockwaveFlash.
Installation questions or troubleshooting
help can be found at the same link. For
optimal viewing, a high speed internet
connection is recommended. The
Community Banking meeting videos are
made available on-demand
approximately two weeks after the
event.
Dated: April 1, 2010.
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]]>Agencies
[Federal Register Volume 75, Number 66 (Wednesday, April 7, 2010)]
[Notices]
[Pages 17738-17741]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7988]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
Privacy Act System of Records
AGENCY: Federal Communications Commission (FCC or Commission).
ACTION: Notice; one altered Privacy Act system of records; revision of
one routine use; and addition of one new routine use.
-----------------------------------------------------------------------
SUMMARY: Pursuant to subsection (e)(4) of the Privacy Act of 1974, as
amended (Privacy Act), 5 U.S.C. 552a, the FCC proposes to change the
name of and alter one system of records, FCC/OSP-1, ``Broadband Dead
Zone Report and Consumer Broadband Test'' (formerly FCC/OMD-27,
``Broadband Unavailability Survey and Broadband Quality Test''). The
altered system of records incorporates a change to the system's name.
The FCC will also alter the system's location; the categories of
individuals; the categories of records; the purposes for which the
information is maintained; one routine use (and add a new routine use);
the retrievability, access, safeguards, and retention and disposal
procedures; the system manager and address; the record source
categories; and make other edits and revisions as necessary to update
the information and to comply with the requirements of the Privacy Act.
DATES: In accordance with 5 U.S.C. 552a(e)(4) and (e)(11) of the
Privacy Act, any interested person may submit written comments
concerning the alteration of this system of records on or before May 7,
2010. Pursuant to Appendix I, 4(e) of OMB Circular A-130, the FCC is
asking the Administrator, Office of Information and Regulatory Affairs
(OIRA), Office of Management and Budget (OMB), which has oversight
responsibility under the Privacy Act to review system of records
notices (SORN), to grant a waiver of the 40 day review period by OMB
and Congress for this system of records. The FCC is requesting this
waiver to permit the sharing of the information in this system with the
National Telecommunications and Information Administration (NTIA) and
the NTIA State Designated Entities for the 56 State Broadband Data and
Development Grant Programs in order to save resources, time, avoid
duplication, synthesize methodology, and gather accurate availability
information. The proposed altered system of records will become
effective on May 7, 2010 unless the FCC receives comments that require
a contrary determination. The Commission will publish a document in the
Federal Register notifying the public if any changes are necessary. As
required by 5 U.S.C. 552a(r) of the Privacy Act, the FCC is submitting
reports on this proposed altered system to OMB and Congress.
ADDRESSES: Address comments to Leslie F. Smith, Privacy Analyst,
Performance Evaluation and Records Management (PERM), Federal
Communications Commission (FCC), 445 12th Street, SW., Washington, DC
20554, or via the Internet at Leslie.Smith@fcc.gov.
FOR FURTHER INFORMATION CONTACT: Leslie F. Smith, Performance
Evaluation and Records Management (PERM), Federal Communications
Commission (FCC), 445 12th Street, SW., Washington, DC 20554, (202)
418-0217, or via the Internet at Leslie.Smith@fcc.gov.
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 alteration of one system of records maintained
by the FCC, revision of one routine use, and addition of one new
routine use. The FCC previously gave complete notice of the system of
records (FCC/OMD-27, ``Broadband Unavailability Survey and Broadband
Quality Test'') covered under this Notice by publication in the Federal
Register on December 30, 2009 (74 FR 69098). This notice is a summary
of the more detailed information about the proposed altered system of
records, which may be viewed at the location given above in the
``ADDRESSES'' section. The purposes for altering FCC/OSP-1, ``Broadband
Dead Zone Report and Consumer Broadband Test'' are to change the name
of the system; to change the system location; to revise the categories
of individuals; to revise the categories of records; to revise the
purposes for which the information is maintained; to revise one routine
use
[[Page 17739]]
and add a new routine use; to revise the retrievability, access,
safeguards, and retention and disposal procedures; to change the system
manager and address; to change the record source categories; and to
make other edits and revisions as necessary to update the information
and to comply with the Privacy Act.
The FCC will achieve these purposes by altering this system of
records with these changes:
Revision of the title of this system, for clarity and to note that
this system has been moved from the Office of Managing Director (OMD)
to the Office of Strategic Planning (OSP);
Revision of the language in the system location, for clarity and to
note that that this system has been moved from the Office of Managing
Director (OMD) to the Office of Strategic Planning (OSP);
Revision of the language regarding the categories of individuals in
the system, for clarity and to add that the categories of individuals
include individuals who participate in the Broadband Dead Zone Report
voluntary survey and individuals who participate in the voluntary
Consumer Broadband Test.
Revision of the language regarding the categories of records in the
system, for clarity and to add that the categories of records include
the street address, city, state, and zip code of each individual who
selects to participate in the Broadband Dead Zone Report survey and
each individual who participates in the Internet service Consumer
Broadband Test; and that (A)dditionally the Consumer Broadband Test
also collects the ``Internet Protocol (IP) address'' for each user who
selects to participate;
Revision of the language regarding the purposes for which the
information is maintained, for clarity and to add that the Commission
uses the records in this system collected from the Broadband Dead Zone
Report and the Consumer Broadband Test to determine the access of US
residents to broadband--cable, and DSL, fiber, mobile wireless, and
other broadband services, and to gather data on the quality of the
broadband services being provided; that (T)he Consumer Broadband Test
permits users to measure the quality of their fixed or mobile Internet
broadband connection; that (I)ndividual street addresses and IP
addresses will not be made public by the FCC, but aggregated or
anonymized data from the database may be made public; that
(A)dditionally, IP address may be shared with FCC software partners as
part of the Consumer Broadband Test application; that (T)hese partners
may publish the IP address and broadband performance data to the public
(but the IP address will not be associated with a street address); and
that (t)hese data may be used to inform implementation of the National
Broadband Plan, the National Broadband Map and other proceedings
related to the provisioning of broadband services;
Revision of Routine Use (7) to incorporate the change in the title
of this system, Broadband Dead Zone Report and Consumer Broadband Test
in this routine use.
Routine Use (7) allows that disclosure of the information collected
through the Broadband Dead Zone Report and Consumer Broadband Test,
with the exception of any personally identifiable information (PII),
may be shared with public-public-private partnerships and with the
Telecommunications Program of the United States Department of
Agriculture (USDA) Rural Development Agency. This sharing regime is
described in the Commission's Broadband Data Order of 2008 (FCC 08-89).
Addition of a new Routine Use (8) to allow information collected
through the Broadband Dead Zone Report and the Consumer Broadband Test,
including the personally identifiable information (PII), to be shared
with the National Telecommunications and Information Administration
(NTIA) and the 56 State Designated Entities for the State Broadband
Data & Development Grant Program:
Routine Use (8) allows that disclosure of the information collected
through the Broadband Dead Zone Report and Consumer Broadband Test,
including the personally identifiable information (PII), may be shared
with the National Telecommunications and Information Administration
(NTIA) and the 56 State Designated Entities for the State Broadband
Data & Development Grant Program, who are tasked with gathering
broadband availability information that will be delivered to the FCC
and NTIA for compilation into the National Broadband Map. Any PII
shared with these entities will be disclosed under the rules of the
agreement between NTIA and the state grantees governing the protection
of sensitive, protected, or classified data collected pursuant to the
grant program. The NTIA and the state grantees will not make any PII
publicly available.
Revision of the language regarding the policies and practices for
retrieving the records in this system, for clarity and to add a fourth
response to the broadband Internet access question: (4) the
individual's IP address; and to incorporate the change in the system's
title so that (f)urthermore, the information may be retrieved and/or
aggregated based upon other Consumer Broadband Test variables, such as
broadband speed, latency, jitter, and packet loss, among other
broadband quality variables;
Revision of the language regarding the policies and practices for
accessing and safeguarding the records in this system, for clarity and
to incorporate the change in the system's title to the Broadband Dead
Zone Report or Consumer Broadband Test's database; and to add that
(a)ccess to the information housed in the Dead Zone Report or the
Consumer Broadband Test database, which is housed in the FCC's computer
network databases, is restricted to authorized supervisors and staff in
the Office of Strategic Planning (OSP) and the Information Technology
Center's (ITC) Planning and Support Group, who maintain these computer
databases. Additionally, staff of the National Broadband Map may be
granted access to this data.
Revision of the language regarding the policies and practices for
the retention and disposal of the records in this system, for clarity
and to incorporate the change in the system's title thus, the
information in the system is limited to electronic files, records, and
data, which pertains to the Broadband Dead Zone Report, which includes:
(1) The information obtained from individuals who participated in the
Consumer Broadband Test;
Revision of the language regarding the system manager and address,
notification, record access, and contesting record procedures, to
incorporate the change in the system manager from the Office of
Managing Director (OMD) to the Office of Strategic Planning (OSP); and
that it is OSP to whom inquiries, notification procedures, record
access procedures, and contesting records procedures should be
addressed; and
Revision of the language regarding the record source categories,
for clarity and to incorporate the change in the system's name, and
that the sources for the information in this system are the Broadband
Dead Zone Report survey respondents and the Consumer Broadband Test
participants.
The Commission will use the records in FCC/OSP-1, ``Broadband Dead
Zone Report and Consumer Broadband Test,'' which are collected from the
Broadband Dead Zone Report and the Consumer Broadband Test to determine
the access of US residents to broadband--cable, and DSL, fiber, mobile
wireless, and other broadband services, and to gather data on the
quality of the broadband services being provided. The Consumer
Broadband Test permits users to
[[Page 17740]]
measure the quality of their fixed or mobile Internet broadband
connection. Individual street addresses will not be made public, but
aggregated or anonymized data from the database may be made public.
These data may be used to inform implementation of the National
Broadband Plan, the National Broadband Map and other proceedings
related to the provisioning of broadband services.
This notice meets the requirement of documenting the changes to
this system of records that the FCC maintains, and provides the public,
OMB, and Congress an opportunity to comment.
FCC/OSP-1
SYSTEM NAME:
Broadband Dead Zone Report and Consumer Broadband Test.
SECURITY CLASSIFICATION:
The FCC's Security Operations Center (SOC) has not assigned a
security classification to this system of records.
SYSTEM LOCATION:
Office of Strategic Planning (OSP), Federal Communications
Commission (FCC), 445 12th Street, SW., Washington, DC 20554.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The categories of individuals in this system include individuals
who participate in the Broadband Dead Zone Report voluntary survey and
individuals who participate in voluntary Consumer Broadband Test.
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records in this system include the street
address, city, state, zip code, and the Internet Protocol (IP) address
of each individual who selects to participate in the Broadband Dead
Zone Report survey and each individual who participates in the Internet
service Consumer Broadband Test. Additionally, the Consumer Broadband
Test also collects the ``Internet Protocol (IP) address'' of each user
who selects to participate.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Broadband Data Improvement Act of 2008, Public Law 110-385, Stat
4096 section 103(c)(1); American Reinvestment and Recovery Act of 2009
(ARRA), Pub. L. 111-5, 123 Stat 115 (2009); and Communications Act, 47
U.S.C. 154(i).
PURPOSES:
The Commission uses the records in this system collected from the
Broadband Dead Zone Report and the Consumer Broadband Test to determine
the access of U.S. residents to broadband--cable, and DSL, fiber,
mobile wireless, and other broadband services, and to gather data on
the quality of the broadband services being provided. The Consumer
Broadband Test permits users to measure the quality of their fixed or
mobile Internet broadband connection. Individual street addresses and
IP addresses will not be made public by the FCC, but aggregated or
anonymized data from the database may be made public. Additionally, IP
addresses may be shared with FCC software partners as part of the
Consumer Broadband Test application. These partners may publish the IP
address and broadband performance data to the public (but the IP
address will not be associated with a street address). These data may
be used to inform implementation of the National Broadband Plan, the
National Broadband Map and other proceedings related to the
provisioning of broadband services.
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. Where there is an indication of a violation or potential
violation of a statute, regulation, rule, or order, records from this
system may be referred to the appropriate Federal, State, or local
agency responsible for investigating or prosecuting a violation or for
implementing or enforcing the statute, rule, regulation, or order.
2. A record on an individual in this system of records may be
disclosed, where pertinent, in any legal proceeding to which the
Commission is a party before a court or administrative body.
3. A record from this system of records may be disclosed to the
Department of Justice or in a proceeding before a court or adjudicative
body when:
(a) The United States, the Commission, a component of the
Commission, or, when represented by the government, an employee of the
Commission is a party to litigation or anticipated litigation or has an
interest in such litigation, and
(b) The Commission determines that the disclosure is relevant or
necessary to the litigation.
4. A record on an individual in this system of records may be
disclosed to a Congressional office in response to an inquiry the
individual has made to the Congressional office.
5. A record from this system of records may be disclosed to General
Services Administration (GSA) and the National Archives and Records
Administration (NARA) for the purpose of records management inspections
conducted under authority of 44 U.S.C. 2904 and 2906. Such disclosure
shall not be used to make a determination about individuals.
6. A record from this system may be disclosed to appropriate
agencies, entities, and persons when (1) the Commission suspects or has
confirmed that the security or confidentiality of information in the
system of records has been compromised; (2) the Commission has
determined that as a result of the suspected or confirmed compromise
there is a risk of harm to economic or property interests, identity
theft or fraud, or harm to the security or integrity of this system or
other systems or programs (whether maintained by the Commission or
another agency or entity) that rely upon the compromised information;
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 compromise and
prevent, minimize, or remedy such harm.
7. The information collected through the Broadband Dead Zone Report
and Consumer Broadband Test, with the exception of any personally
identifiable information (PII), may be shared with public-private
partnerships and with the Telecommunications Program of the United
States Department of Agriculture (USDA) Rural Development Agency. This
sharing regime is described in the Commission's Broadband Data Order of
2008 (FCC 08-89).
8. The information collected through the Broadband Dead Zone Report
and Consumer Broadband Test, including the personally identifiable
information (PII), may be shared with the National Telecommunications
and Information Administration (NTIA) and the 56 State Designated
Entities for the State Broadband Data & Development Grant Program, who
are tasked with gathering broadband availability information that will
be delivered to the FCC and NTIA for compilation into the National
Broadband Map. Any PII shared with these entities will be disclosed
under the rules of the agreement between NTIA and the state grantees
governing the protection of sensitive, protected, or classified data
collected pursuant to the grant program. The NTIA and the state
grantees will not make any PII publicly available.
In each of these cases, the FCC will determine whether disclosure
of the
[[Page 17741]]
records is compatible with the purpose for which the records were
collected.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The information includes the electronic data and records that are
stored in the FCC's computer network databases.
RETRIEVABILITY:
Information in the Broadband Dead Zone Report and Consumer
Broadband Test system may be retrieved by the responses to the
broadband Internet access questions: (1) Broadband access (yes/no); (2)
broadband service availability (check boxes for types of broadband
services available at an individual's home); (3) the individual's home
address: Street address, city, state, and zip code; and (4) the
individual's IP address. Furthermore, the information may be retreived
and/or aggregated based upon other Consumer Broadband Test variables,
such as broadband speed, latency, jitter, and packet loss, among other
broadband quality variables.
SAFEGUARDS:
Access to the information in the Broadband Dead Zone Report or the
Consumer Broadband Test database, which is housed in the FCC's computer
network databases, is restricted to authorized supervisors and staff in
the Office of Strategic Planning (OSP) and the Information Technology
Center's (ITC) Planning and Support Group, who maintain these computer
databases. Additionally, staff of the National Broadband Map may be
granted access to this data. Other FCC employees and contractors may be
granted access on a ``need-to-know'' basis. The FCC's computer network
databases are protected by the FCC's security protocols, which include
controlled access, passwords, and other security features. Information
resident on the database servers is backed-up routinely onto magnetic
media. Back-up tapes are stored on-site and at a secured, off-site
location.
RETENTION AND DISPOSAL:
The information in this system is limited to electronic files,
records, and data, which pertains to the Dead Zone Report, which
includes:
(1) The information obtained from individuals who participated in
the Consumer Information survey; and
(2) The information obtained from individuals who participated in
the Consumer Broadband Test.
Until the National Archives and Records Administration (NARA)
approves the retention and disposal schedule, these records will be
treated as permanent.
SYSTEM MANAGER(S) AND ADDRESS(ES):
Address inquiries to the Office of Strategic Planning (OSP),
Federal Communications Commission (FCC), 445 12th Street, SW.,
Washington, DC 20554.
NOTIFICATION PROCEDURE:
Address inquiries to the Office of Strategic Planning (OSP),
Federal Communications Commission (FCC), 445 12th Street, SW.,
Washington, DC 20554.
RECORD ACCESS PROCEDURES:
Address inquiries to the Office of Strategic Planning (OSP),
Federal Communications Commission (FCC), 445 12th Street, SW.,
Washington, DC 20554.
CONTESTING RECORD PROCEDURES:
Address inquiries to the Office of Strategic Planning (OSP),
Federal Communications Commission (FCC), 445 12th Street, SW.,
Washington, DC 20554.
RECORD SOURCE CATEGORIES:
The sources for the information in this system are the Broadband
Dead Zone Report survey respondents and Consumer Broadband Test
participants.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2010-7988 Filed 4-6-10; 8:45 am]
BILLING CODE 6712-01-P
