Privacy Act System of Records, 41497-41500 [2011-17775]
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Federal Register / Vol. 76, No. 135 / Thursday, July 14, 2011 / Notices
specifications to indicate that
Greensand Plus be used for the project.
Ultimately the project specifications
were not modified after the pilot testing
showed Greensand Plus to be the
selected filter media for this project
because all of the project bids were
based on Greensand Plus.
Furthermore, the purpose of the
ARRA provisions was to stimulate
economic recovery by funding current
infrastructure construction, not to delay
projects that are already shovel ready by
requiring entities, like the City, to revise
their design and potentially choose a
more costly and less effective project.
The implementation of ARRA Buy
American requirements on such projects
eligible for DWSRF assistance would
result in unreasonable delay and thus
displace the ‘‘shovel ready’’ status for
this project. To further delay
construction is in direct conflict with
the most fundamental economic
purposes of ARRA to create or retain
jobs.
The Drinking Water Unit has
reviewed this waiver request and has
determined that the supporting
documentation provided by the City is
sufficient to meet the following criteria
listed under Section 1605(b) and in the
April 28, 2009, Implementation of Buy
American provisions of Public Law
111–5, the ‘‘American Recovery and
Reinvestment Act of 2009’’
Memorandum:
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Iron, steel, and the manufactured goods are
not produced in the United States in
sufficient and reasonably available quantities
and of a satisfactory quality.
The basis for this project waiver is the
authorization provided in Section
1605(b)(2), due to the lack of production
of this product in the United States in
sufficient and reasonably available
quantities and of a satisfactory quality
in order to meet the City’s design
specifications. The March 31, 2009
Delegation of Authority Memorandum
provided Regional Administrators with
the authority to issue exceptions to
Section 1605 of ARRA within the
geographic boundaries of their
respective regions and with respect to
requests by individual assistance
recipients. Having established both a
proper basis to specify the particular
good required for this project and that
this manufactured good was not
available from a manufacturer in the
United States, the City is hereby granted
a waiver from the Buy American
requirements of Section 1605(a) of
Public Law 111–5 for the purchase of
Greensand Plus pressure filter media,
manufactured in Brazil, for a shallow
aquifer water treatment plant project
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specified in the City’s waiver request of
February 11, 2011. This supplementary
information constitutes the detailed
written justification required by Section
1605(c) for waivers based on a finding
under subsection (b).
Authority: Pub. L. 111–5, section 1605.
Dated: June 13, 2011.
Dennis J. McLerran,
Regional Administrator, EPA, Region 10.
[FR Doc. 2011–17061 Filed 7–13–11; 8:45 am]
BILLING CODE 6560–50–P
EXPORT-IMPORT BANK OF THE
UNITED STATES
Sunshine Act Meeting
Notice of a Partially Open
Meeting of the Board of Directors of the
Export-Import Bank of the United
States.
ACTION:
Thursday, July 14, 2011
at 9:30 a.m. The meeting will be held at
Ex-Im Bank in Room 1143, 811 Vermont
Avenue, NW., Washington, DC 20571.
OPEN AGENDA ITEMS: Item No. 1:
Resolution honoring the service of ExIm Bank’s outgoing Director, Diane
Farrell.
PUBLIC PARTICIPATION: The meeting will
be open to public observation for Item
No. 1 only.
FURTHER INFORMATION CONTACT: Office of
the Secretary, 811 Vermont Avenue,
NW., Washington, DC 20571, (202) 565–
3957.
TIME AND PLACE:
Lisa V. Terry,
Assistant General Counsel for Administration
(Acting).
[FR Doc. 2011–17527 Filed 7–13–11; 8:45 am]
BILLING CODE 6690–01–M
FEDERAL COMMUNICATIONS
COMMISSION
Privacy Act System of Records
Federal Communications
Commission (FCC or Commission).
ACTION: Notice; one altered Privacy Act
system of records.
AGENCY:
Pursuant to subsection (e)(4)
of the Privacy Act of 1974, as amended
(Privacy Act), 5 U.S.C. 552a, the FCC
proposes to alter one system of records,
FCC/OSP–1, ‘‘Broadband Dead Zone
Report and Consumer Broadband Test.’’
The altered system of records
incorporates more details about the
voluntary fixed and mobile consumer
broadband test. The FCC will also alter
the categories of individuals; categories
SUMMARY:
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of records; the purposes for which the
information is maintained; the
retrievability procedures; Routine Use
(5); and delete Routine Use (2); 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 August 15, 2011. The Office of
Information and Regulatory Affairs
(OIRA), Office of Management and
Budget (OMB), which has oversight
responsibility under the Privacy Act to
review the system of records, and
Congress may submit comments on or
before August 23, 2011. The proposed
altered system of records will become
effective on August 23, 2011 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), Room 1–C216, Federal
Communications Commission (FCC),
445 12th Street, SW., Washington, DC
20554, or via the Internet at
Leslie.Smith@fcc.gov.
FOR FURTHER INFORMATION CONTACT:
Contact Leslie F. Smith, Performance
Evaluation and Records Management
(PERM), Room 1–C216, 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. The
FCC previously gave complete notice of
the system of records (FCC/OSP–1,
‘‘Broadband Dead Zone Report and
Consumer Broadband Test’’) covered
under this Notice by publication in the
Federal Register on April 7, 2010 (75 FR
17738). 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 revise
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Federal Register / Vol. 76, No. 135 / Thursday, July 14, 2011 / Notices
the categories of individuals; to revise
the categories of records; to the revise
purposes for which the information is
maintained; to revise Routine Use (5); to
delete Routine Use (2); to revise the
retrievability procedures; and to make
other edits and revisions as necessary to
update the information and to comply
with the requirements of the Privacy
Act.
The FCC will achieve these purposes
by altering this system of records with
these changes: Revision of the language
regarding the categories of individuals
in the system, for clarity and to add that
the categories of individuals in this
system include individuals who
participate in the Broadband Dead Zone
Report voluntary survey and individuals
who participate in both the fixed and
mobile versions of 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 in this system include the street
address, city, state, zip code, of each
individual who selects to participate in
the Broadband Dead Zone Report
voluntary survey and each individual
who participates in both the fixed and
mobile versions of the voluntary
Consumer Broadband Test. The
voluntary fixed and mobile Consumer
Broadband Test also collects the
‘‘Internet Protocol (IP) address’’ of each
user who selects to participate. The
voluntary fixed and mobile consumer
broadband test collects the ‘‘unique
handset identification number’’ of each
individual’s smartphone used to access
the test, and collects the location
reported by each user’s handset
(reported as a latitude and longitude
point) at the moment the user initiates
the test.
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 voluntary
fixed and mobile Consumer Broadband
Test to determine the access of US
residents to broadband—cable, 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, IP
addresses, mobile handset location, and
unique handset identification numbers
are not made public by the FCC, but
aggregated or anonymized data from the
database may be made public.
Additionally, IP addresses, mobile
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handset location, and unique handset
identification numbers may be shared
with FCC software partners as part of
the Consumer Broadband Test
application. These partners may publish
the IP address, mobile handset location,
unique handset identification numbers,
and broadband performance data, or
otherwise make this information
available to the public (but the IP
address is not 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.
Minor revision to each of the Routine
Uses to add a title to each use for clarity;
Deletion of Routine Use (2) which the
Commission has determined is
duplicated by Routine Use (3) and its,
therefore, redundant;
Revision of Routine Use (5) to add the
Department of Justice (DOJ) and the
Office of Management and Budget
(OMB) to the Federal agencies to whom
the Commission may disclose
information in this system of records
and for the reasons listed: Governmentwide Program Management and
Oversight—A record from this system of
records may be disclosed to General
Services Administration (GSA) and to
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; to the U.S. Department
of Justice (DOJ) in order to obtain that
department’s advice regarding
disclosure obligations under the
Freedom of Information Act; or to the
Office of Management and Budget
(OMB) in order to obtain that office’s
advice regarding obligations under the
Privacy Act. Such disclosure shall not
be used to make a determination about
individuals; and
Revision of the language regarding the
policy and practice for retrieving
records in the system, for clarity and to
add a fifth and a sixth broadband
Internet access question so that
[i]nformation in the Broadband Dead
Zone Report and voluntary fixed and
mobile 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; (4) the individual’s IP
address; (5) the individual’s reported
handset location; and (6) the
individual’s unique handset
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identifcation number. Furthermore, the
information may be retreived and/or
aggregated based upon other voluntary
fixed and mobile Consumer Broadband
Test variables, such as broadband speed,
latency, jitter, and packet loss, among
other broadband quality variables.
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 both the fixed and
mobile versions of the 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, of each individual who
selects to participate in the Broadband
Dead Zone Report voluntary survey and
each individual who participates in
both the fixed and mobile versions of
the voluntary Consumer Broadband
Test. The voluntary fixed and mobile
Consumer Broadband Test also collects
the ‘‘Internet Protocol (IP) address’’ of
each user who selects to participate. The
voluntary fixed and mobile consumer
broadband tests collects the ‘‘unique
handset identification number’’ of each
individual’s smartphone used to access
the test, and collects the location
reported by each user’s handset
(reported as a latitude and longitude
point) at the moment the user initiates
the test.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Broadband Data Improvement Act of
2008, Public Law 110–385, Stat 4096
§ 103(c)(1); American Reinvestment and
Recovery Act of 2009 (ARRA), Public
Law 111–5, 123 Stat 115 (2009); and
Communications Act, 47 U.S.C. 154(i).
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Federal Register / Vol. 76, No. 135 / Thursday, July 14, 2011 / Notices
PURPOSES:
The Commission uses the records in
this system collected from the
Broadband Dead Zone Report and the
voluntary fixed and mobile Consumer
Broadband Test to determine the access
of U.S. residents to broadband—cable,
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, IP
addresses, mobile handset location, and
unique handset identification numbers
are not made public by the FCC, but
aggregated or anonymized data from the
database may be made public.
Additionally, IP addresses, mobile
handset location, and unique handset
identification numbers may be shared
with FCC software partners as part of
the Consumer Broadband Test
application. These partners may publish
the IP address, mobile handset location,
unique handset identification numbers,
and broadband performance data, or
otherwise make this information
available to the public (but the IP
address is not 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.
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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. Law Enforcement and
Investigation—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. Department of Justice, Courts, and
Adjudicative Bodies—A record from
this system of records may be disclosed
to the Department of Justice (DOJ) 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
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(b) The Commission determines that
the disclosure is relevant or necessary to
the litigation.
3. Congressional Inquiries—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.
4. Government-wide Program
Management and Oversight—A record
from this system of records may be
disclosed to General Services
Administration (GSA) and to 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; to the U.S. Department
of Justice (DOJ) in order to obtain that
department’s advice regarding
disclosure obligations under the
Freedom of Information Act; or to the
Office of Management and Budget
(OMB) in order to obtain that office’s
advice regarding obligations under the
Privacy Act. Such disclosure shall not
be used to make a determination about
individuals.
5. Data Breach—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.
6. Public-Private Partnerships and the
USDA Rural Development Agency’s
Telecommunications Program—The
information collected through the
Broadband Dead Zone Report and
voluntary fixed and mobile 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).
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41499
7. NTIA and State Designated
Entities—The information collected
through the Broadband Dead Zone
Report and voluntary fixed and mobile
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
is delivered to the FCC and NTIA for
compilation into the National
Broadband Map. Any PII shared with
these entities is 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 do not make any PII publicly
available.
In each of these cases, the FCC will
determine whether disclosure of the
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 voluntary fixed and
mobile 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; (4) the individual’s IP
address; (5) the individual’s reported
handset location; and (6) the
individual’s unique handset
indentifcation number. Furthermore, the
information may be retreived and/or
aggregated based upon other voluntary
fixed and mobile 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
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Federal Register / Vol. 76, No. 135 / Thursday, July 14, 2011 / Notices
voluntary fixed and mobile 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
voluntary fixed and mobile 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.
RECORD SOURCE CATEGORIES:
The sources for the information in
this system are the Broadband Dead
Zone Report survey respondents and
voluntary fixed and mobile Consumer
Broadband Test participants.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2011–17775 Filed 7–13–11; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL ELECTION COMMISSION
Sunshine Act Notice
Federal Election Commission.
Tuesday, July 19, 2011,
at 10 a.m.
PLACE: 999 E Street, NW., Washington,
DC.
STATUS: This Meeting Will Be Closed to
the public.
ITEMS TO BE DISCUSSED: Compliance
matters pursuant to 2 U.S.C. 437g.
Audits conducted pursuant to 2
U.S.C. 437g, § 438(b), and Title 26,
U.S.C.
Matters concerning participation in
civil actions or proceedings or
arbitration.
Internal personnel rules and
procedures or matters affecting a
particular employee.
*
*
*
*
*
PERSON TO CONTACT FOR INFORMATION:
Judith Ingram, Press Officer, Telephone:
(202) 694–1220.
AGENCY:
DATE AND TIME:
Shelley E. Garr,
Deputy Secretary of the Commission.
[FR Doc. 2011–17910 Filed 7–12–11; 4:15 pm]
BILLING CODE 6715–01–P
NOTIFICATION PROCEDURE:
FEDERAL RESERVE SYSTEM
RECORD ACCESS PROCEDURES:
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Address inquiries to the Office of
Strategic Planning (OSP), Federal
Communications Commission (FCC),
445 12th Street, SW., Washington, DC
20554.
The notificants listed below have
applied under the Change in Bank
Control Act (12 U.S.C. 1817(j)) and
§ 225.41 of the Board’s Regulation Y (12
CFR 225.41) to acquire shares of a bank
or bank holding company. The factors
that are considered in acting on the
notices are set forth in paragraph 7 of
the Act (12 U.S.C. 1817(j)(7)).
The notices are available for
immediate inspection at the Federal
Reserve Bank indicated. The notices
also will be available for inspection at
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.
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Change in Bank Control Notices;
Acquisitions of Shares of a Bank or
Bank Holding Company
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the offices of the Board of Governors.
Interested persons may express their
views in writing to the Reserve Bank
indicated for that notice or to the offices
of the Board of Governors. Comments
must be received not later than July 29,
2011.
A. Federal Reserve Bank of Chicago
(Colette A. Fried, Assistant Vice
President) 230 South LaSalle Street,
Chicago, Illinois 60690–1414:
1. David E. Kirschner and Margaret
Kirschner, as co-trustees of the Henry C.
Kirschner Trust B1, and David E.
Kirschner and Margaret Kirschner,
individually and as co-trustees of the
Henry C. Kirschner Trust A2, acting in
concert with The Noble Foundation,
Philip and Cheryl Kirschner, Khajha
Kirschner, Pamela Kirschner Bolduc,
and the Mary C. Kirschner 2007 Trust
with David E. Kirschner acting as
trustee; to acquire 25 percent or more of
the voting shares of Town and Country
Financial Corporation, Springfield,
Illinois, and thereby indirectly acquire
control of Town and Country Bank,
Springfield, Illinois, and Logan County
Bank, Lincoln, Illinois.
Board of Governors of the Federal Reserve
System, July 11, 2011.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. 2011–17706 Filed 7–13–11; 8:45 am]
BILLING CODE 6210–01–P
FEDERAL RETIREMENT THRIFT
INVESTMENT BOARD
Sunshine Act; Notice of Meeting
TIME AND DATE:
9 a.m. (EST) July 18,
2011.
4th Floor Conference Room,
1250 H Street, NW., Washington, DC.
STATUS: Open.
MATTERS TO BE CONSIDERED:
1. Approval of the minutes of the June
23, 2011 Board member meeting.
2. Thrift Savings Plan activity report by
the Executive Director.
a. Monthly Performance Activity
Report.
b. Legislative Report.
3. Quarterly Reports.
a. Investment Policy Report.
b. Vendor Financial Report.
4. Budget Estimate for Fiscal Year 2012.
CONTACT PERSON FOR MORE INFORMATION:
Thomas J. Trabucco, Director, Office of
External Affairs, (202) 942–1640.
PLACE:
Dated: July 11, 2011.
Thomas K. Emswiler,
General Counsel, Federal Retirement Thrift
Investment Board.
[FR Doc. 2011–17820 Filed 7–12–11; 11:15 am]
BILLING CODE 6760–01–P
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]]>Agencies
[Federal Register Volume 76, Number 135 (Thursday, July 14, 2011)]
[Notices]
[Pages 41497-41500]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17775]
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FEDERAL COMMUNICATIONS COMMISSION
Privacy Act System of Records
AGENCY: Federal Communications Commission (FCC or Commission).
ACTION: Notice; one altered Privacy Act system of records.
-----------------------------------------------------------------------
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 alter one
system of records, FCC/OSP-1, ``Broadband Dead Zone Report and Consumer
Broadband Test.'' The altered system of records incorporates more
details about the voluntary fixed and mobile consumer broadband test.
The FCC will also alter the categories of individuals; categories of
records; the purposes for which the information is maintained; the
retrievability procedures; Routine Use (5); and delete Routine Use (2);
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 August
15, 2011. The Office of Information and Regulatory Affairs (OIRA),
Office of Management and Budget (OMB), which has oversight
responsibility under the Privacy Act to review the system of records,
and Congress may submit comments on or before August 23, 2011. The
proposed altered system of records will become effective on August 23,
2011 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), Room 1-C216,
Federal Communications Commission (FCC), 445 12th Street, SW.,
Washington, DC 20554, or via the Internet at Leslie.Smith@fcc.gov.
FOR FURTHER INFORMATION CONTACT: Contact Leslie F. Smith, Performance
Evaluation and Records Management (PERM), Room 1-C216, 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. The FCC previously gave complete notice of the system of
records (FCC/OSP-1, ``Broadband Dead Zone Report and Consumer Broadband
Test'') covered under this Notice by publication in the Federal
Register on April 7, 2010 (75 FR 17738). 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 revise
[[Page 41498]]
the categories of individuals; to revise the categories of records; to
the revise purposes for which the information is maintained; to revise
Routine Use (5); to delete Routine Use (2); to revise the
retrievability procedures; and to make other edits and revisions as
necessary to update the information and to comply with the requirements
of the Privacy Act.
The FCC will achieve these purposes by altering this system of
records with these changes: Revision of the language regarding the
categories of individuals in the system, for clarity and to add that
the categories of individuals in this system include individuals who
participate in the Broadband Dead Zone Report voluntary survey and
individuals who participate in both the fixed and mobile versions of
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 in this
system include the street address, city, state, zip code, of each
individual who selects to participate in the Broadband Dead Zone Report
voluntary survey and each individual who participates in both the fixed
and mobile versions of the voluntary Consumer Broadband Test. The
voluntary fixed and mobile Consumer Broadband Test also collects the
``Internet Protocol (IP) address'' of each user who selects to
participate. The voluntary fixed and mobile consumer broadband test
collects the ``unique handset identification number'' of each
individual's smartphone used to access the test, and collects the
location reported by each user's handset (reported as a latitude and
longitude point) at the moment the user initiates the test.
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 voluntary fixed and mobile Consumer Broadband Test to
determine the access of US residents to broadband--cable, 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, IP
addresses, mobile handset location, and unique handset identification
numbers are not made public by the FCC, but aggregated or anonymized
data from the database may be made public. Additionally, IP addresses,
mobile handset location, and unique handset identification numbers may
be shared with FCC software partners as part of the Consumer Broadband
Test application. These partners may publish the IP address, mobile
handset location, unique handset identification numbers, and broadband
performance data, or otherwise make this information available to the
public (but the IP address is not 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.
Minor revision to each of the Routine Uses to add a title to each
use for clarity;
Deletion of Routine Use (2) which the Commission has determined is
duplicated by Routine Use (3) and its, therefore, redundant;
Revision of Routine Use (5) to add the Department of Justice (DOJ)
and the Office of Management and Budget (OMB) to the Federal agencies
to whom the Commission may disclose information in this system of
records and for the reasons listed: Government-wide Program Management
and Oversight--A record from this system of records may be disclosed to
General Services Administration (GSA) and to 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; to
the U.S. Department of Justice (DOJ) in order to obtain that
department's advice regarding disclosure obligations under the Freedom
of Information Act; or to the Office of Management and Budget (OMB) in
order to obtain that office's advice regarding obligations under the
Privacy Act. Such disclosure shall not be used to make a determination
about individuals; and
Revision of the language regarding the policy and practice for
retrieving records in the system, for clarity and to add a fifth and a
sixth broadband Internet access question so that [i]nformation in the
Broadband Dead Zone Report and voluntary fixed and mobile 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; (4) the
individual's IP address; (5) the individual's reported handset
location; and (6) the individual's unique handset identifcation number.
Furthermore, the information may be retreived and/or aggregated based
upon other voluntary fixed and mobile Consumer Broadband Test
variables, such as broadband speed, latency, jitter, and packet loss,
among other broadband quality variables.
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 both the fixed and mobile versions of
the 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, of each individual who selects to
participate in the Broadband Dead Zone Report voluntary survey and each
individual who participates in both the fixed and mobile versions of
the voluntary Consumer Broadband Test. The voluntary fixed and mobile
Consumer Broadband Test also collects the ``Internet Protocol (IP)
address'' of each user who selects to participate. The voluntary fixed
and mobile consumer broadband tests collects the ``unique handset
identification number'' of each individual's smartphone used to access
the test, and collects the location reported by each user's handset
(reported as a latitude and longitude point) at the moment the user
initiates the test.
Authority for Maintenance of the System:
Broadband Data Improvement Act of 2008, Public Law 110-385, Stat
4096 Sec. 103(c)(1); American Reinvestment and Recovery Act of 2009
(ARRA), Public Law 111-5, 123 Stat 115 (2009); and Communications Act,
47 U.S.C. 154(i).
[[Page 41499]]
Purposes:
The Commission uses the records in this system collected from the
Broadband Dead Zone Report and the voluntary fixed and mobile Consumer
Broadband Test to determine the access of U.S. residents to broadband--
cable, 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, IP addresses, mobile handset location, and unique handset
identification numbers are not made public by the FCC, but aggregated
or anonymized data from the database may be made public. Additionally,
IP addresses, mobile handset location, and unique handset
identification numbers may be shared with FCC software partners as part
of the Consumer Broadband Test application. These partners may publish
the IP address, mobile handset location, unique handset identification
numbers, and broadband performance data, or otherwise make this
information available to the public (but the IP address is not
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. Law Enforcement and Investigation--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. Department of Justice, Courts, and Adjudicative Bodies--A record
from this system of records may be disclosed to the Department of
Justice (DOJ) 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.
3. Congressional Inquiries--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.
4. Government-wide Program Management and Oversight--A record from
this system of records may be disclosed to General Services
Administration (GSA) and to 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; to the U.S.
Department of Justice (DOJ) in order to obtain that department's advice
regarding disclosure obligations under the Freedom of Information Act;
or to the Office of Management and Budget (OMB) in order to obtain that
office's advice regarding obligations under the Privacy Act. Such
disclosure shall not be used to make a determination about individuals.
5. Data Breach--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.
6. Public-Private Partnerships and the USDA Rural Development
Agency's Telecommunications Program--The information collected through
the Broadband Dead Zone Report and voluntary fixed and mobile 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).
7. NTIA and State Designated Entities--The information collected
through the Broadband Dead Zone Report and voluntary fixed and mobile
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 is
delivered to the FCC and NTIA for compilation into the National
Broadband Map. Any PII shared with these entities is 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 do not make any PII publicly available.
In each of these cases, the FCC will determine whether disclosure
of the 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 voluntary fixed
and mobile 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;
(4) the individual's IP address; (5) the individual's reported handset
location; and (6) the individual's unique handset indentifcation
number. Furthermore, the information may be retreived and/or aggregated
based upon other voluntary fixed and mobile 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
[[Page 41500]]
voluntary fixed and mobile 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 voluntary fixed and mobile 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 voluntary fixed and mobile
Consumer Broadband Test participants.
Exemptions Claimed for the System:
None.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2011-17775 Filed 7-13-11; 8:45 am]
BILLING CODE 6712-01-P
