Privacy Act of 1974; System of Records, 9738-9740 [2018-04562]
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Federal Register / Vol. 83, No. 45 / Wednesday, March 7, 2018 / Notices
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sending a text message to 911 as
opposed to placing a voice call could be
vital to the caller’s safety. The Second
Report and Order adopted rules to
commence the implementation of textto-911 service with an initial deadline of
December 31, 2014 for all covered text
providers to be capable of supporting
text-to-911 service. The Second Report
and Order also provided that covered
text providers would then have a sixmonth implementation period. They
must begin routing all 911 text messages
to a Public Safety Answering Point
(PSAP) by June 30, 2015 or within six
months of a valid PSAP request for textto-911 service, whichever is later. To
implement these requirements, the
Commission seeks to collect information
primarily for a database in which PSAPs
voluntarily register that they are
technically ready to receive text
messages to 911. As PSAPs become textready, they may either register in the
PSAP database (or submit a notification
to PS Docket Nos. 10–255 and 11–153),
or provide other written notification
reasonably acceptable to a covered text
messaging provider. Either measure
taken by the PSAP constitutes sufficient
notification pursuant to the rules in the
Second Report and Order. PSAPs and
covered text providers may also agree to
an alternative implementation
timeframe (other than six months).
Covered text providers must notify the
FCC of the dates and terms of any such
alternate timeframe within 30 days of
the parties’ agreement. Additionally, the
rules adopted by the Second Report and
Order include other information
collections for third party notifications
necessary for the implementation of
text-to-911, including notifications to
consumers, covered text providers, and
the Commission. These notifications are
essential to ensure that all affected
parties are aware of the limitations,
capabilities, and status of text-to-911
services. These information collections
enable the Commission to meet the
objectives for implementation of text-to911 service and for compliance by
covered text providers with the sixmonth implementation period in
furtherance of the Commission’s core
mission to ensure the public’s safety.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2018–04565 Filed 3–6–18; 8:45 am]
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FEDERAL COMMUNICATIONS
COMMISSION
Privacy Act of 1974; System of
Records
Federal Communications
Commission.
ACTION: Notice of a modified system of
records.
AGENCY:
The Federal Communications
Commission (FCC or Commission or
Agency) has modified an existing
system of records, FCC/OGC–5, Pending
Civil Cases, subject to the Privacy Act of
1974, as amended. This action is
necessary to meet the requirements of
the Privacy Act to publish in the
Federal Register notice of the existence
and character of records maintained by
the agency. The Office of the General
Counsel (OGC) uses the personally
identifiable information (PII) in this
system to update information or furnish
additional data for the Government
agency handling the pending civil case.
DATES: This action will become effective
on March 7, 2018. The routine uses in
this action will become effective on
April 6, 2018 unless comments are
received that require a contrary
determination.
SUMMARY:
Send comments to Leslie F.
Smith, Privacy Manager, Information
Technology (IT), Room 1–C216, Federal
Communications Commission, 445 12th
Street SW, Washington, DC 20554, or to
Leslie.Smith@fcc.gov.
FOR FURTHER INFORMATION CONTACT:
Leslie F. Smith, (202) 418–0217, or
Leslie.Smith@fcc.gov (and to obtain a
copy of the Narrative Statement and the
Supplementary Document, which
includes details of the proposed
alterations to this system of records).
SUPPLEMENTARY INFORMATION: This
notice serves to update and modify
FCC/OGC–5, Pending Civil Cases, as a
result of an increased use of electronic
information technology. The substantive
changes and modifications to the
previously published version of the
FCC/OGC–5 system of records include:
1. Change to the Security
Classification to note OMB’s guidance
that this system’s records are not
classified.
2. Addition of 31 U.S.C. 3729–3733 to
the Authorities for Maintenance of the
System.
3. Numerous changes to the Record
Source Categories to include individuals
who file or are subjects of civil cases;
attorneys or representatives of claimants
and subjects of civil cases;
communication between FCC bureaus
and offices, Justice Department and U.S.
ADDRESSES:
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attorneys, and other Federal agencies
including U.S. District Courts; and
parties to civil cases and proceedings
and investigative materials, related
documentation, and decisions including
appeals, amendments, litigation, and
related matters.
4. Deletion of one routine use: (2)
Public Access, since releases under the
FOIA are covered by 5 U.S.C. 552a(b)(2),
so a separate routine use for them is not
needed.
5. Updating language, adding
information, and/or renumbering five
routine uses: (1) Adjudication and
Litigation (previously (2)); (2) Law
Enforcement and Investigation; (3)
Congressional Inquiries; and (4)
Government-wide Program Management
and Oversight.
6. Adding three new routine uses: (5)
Breach Notification to address real or
suspected data breach situations at the
FCC; (6) Assistance to Federal Agencies
and Entities for assistance with other
Federal agencies’ data breach situations;
and (7) For Non-Federal Personnel to
allow contractors performing or working
on a contract for the Federal
Government access to information.
Routine Uses (5) and (6) are required by
OMB Memorandum m-17–12.
7. Adding a new section: Reporting to
a Consumer Reporting Agency to
address valid and overdue debts owed
by individuals to the FCC under the
Debt Collection Act, as recommended by
OMB.
The system of records is also updated
to reflect various administrative changes
related to the system managers and
system addresses; policy and practices
for storage, retrieval, and retention and
disposal of the records; administrative,
technical, and physical safeguards; and
updated notification, records access,
and contesting records procedures.
SYSTEM NAME AND NUMBER:
FCC/OGC–5, Pending Civil Cases.
SECURITY CLASSIFICATION:
No information in this system is
classified.
SYSTEM LOCATION:
Office of General Counsel (OGC),
Federal Communications Commission
(FCC), 445 12th Street SW, Washington,
DC 20554.
SYSTEM MANAGER(S) AND ADDRESS:
Office of General Counsel (OGC),
Federal Communications Commission
(FCC), 445 12th Street SW, Washington,
DC 20554.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
47 U.S.C. 401 and 402; 31 U.S.C.
3729–3733.
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Federal Register / Vol. 83, No. 45 / Wednesday, March 7, 2018 / Notices
PURPOSE(S):
Information in this system of records
is used by Commission attorneys to
update information or furnish
additional data for the Government
agency handling the pending civil case.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Any individual who has a
miscellaneous case involving the
Federal Communications Commission
(FCC) before any District Court, before
any Court of Appeals, and before the
Supreme Court.
CATEGORIES OF RECORDS IN THE SYSTEM:
Information in this system of records
may include, but is not limited to
letters, memoranda, pleadings, briefs,
and bankruptcy papers.
RECORD SOURCE CATEGORIES:
The sources for the information in
this system of records include but are
not limited to:
(a) Individuals filing claims in civil
cases;
(b) Individuals who are the subjects of
such claims in civil cases;
(c) Attorneys or representatives of the
claimants and the subjects of the claims
in civil cases;
(d) Communication between FCC
organizational units (bureaus and
offices), the Justice Department
including U.S. Attorneys, and other
Federal agencies including U.S. District
Courts; and
(e) Parties to the proceedings and the
investigative materials and related
documentation and decisions that
involve, but are not limited to appeals,
amendments, and litigation concerning
such claims in civil cases.
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a
portion of the records or information
contained in this system may be
disclosed to authorized entities, as is
determined to be relevant and
necessary, outside the FCC as a routine
use pursuant to 5 U.S.C. 552a(b)(3) as
follows. In each of these cases, the FCC
will determine whether disclosure of
the records is compatible with the
purpose(s) for which the records were
collected:
1. Adjudication and Litigation—To
disclose information the Department of
Justice (DOJ), or other administrative
body before which the FCC is
authorized to appear, when: (a) The FCC
or any component thereof; (b) any
employee of the FCC in his or her
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official capacity; (c) any employee of the
FCC in his or her individual capacity
where DOJ or the FCC has agreed to
represent the employee; or (d) the
United States is a party to litigation or
has an interest in such litigation, and
the use of such records by DOJ or the
FCC is deemed by the FCC to be
relevant and necessary to the litigation.
2. Law Enforcement and
Investigation—To disclose pertinent
information to the appropriate Federal,
State, or local agency responsible for
investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation,
or order, where the FCC becomes aware
of an indication of a violation or
potential violation of civil or criminal
law or regulation.
3. Congressional Inquiries—To
provide information to a congressional
office from the record of an individual
in response to an inquiry from that
congressional office made at the request
of that individual.
4. Government-wide Program
Management and Oversight—To
disclose information to the National
Archives and Records Administration
(NARA) for use in its records
management inspections; to the
Government Accountability Office
(GAO) for oversight purposes; to the
Department of Justice (DOJ) to obtain
that department’s advice regarding
disclosure obligations under the
Freedom of Information Act (FOIA); or
to the Office of Management and Budget
(OMB) to obtain that office’s advice
regarding obligations under the Privacy
Act.
5. Breach Notification –To
appropriate agencies, entities, and
persons when: (a) The Commission
suspects or has confirmed that there has
been a breach of the system of records;
(b) the Commission has determined that
as a result of the suspected or confirmed
breach there is a risk of harm to
individuals, the Commission (including
its information systems, programs, and
operations), the Federal Government, or
national security; and (c) the disclosure
made to such agencies, entities, and
persons is reasonably necessary to assist
in connection with the Commission’s
efforts to respond to the suspected or
confirmed breach or to prevent,
minimize, or remedy such harm.
6. Assistance to Federal Agencies and
Entities—To another Federal agency or
Federal entity, when the Commission
determines that information from this
system is reasonably necessary to assist
the recipient agency or entity in: (a)
Responding to a suspected or confirmed
breach or (b) preventing, minimizing, or
remedying the risk of harm to
individuals, the recipient agency or
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9739
entity (including its information
systems, program, and operations), the
Federal Government, or national
security, resulting from a suspected or
confirmed breach.
7. For Non-Federal Personnel—To
disclose information to contractors
performing or working on a contract for
the Federal Government.
REPORTING TO A CONSUMER REPORTING AGENCY:
In addition to the routine uses listed
above, the Commission may share
information from this system of records
with a consumer reporting agency
regarding an individual who has not
paid a valid and overdue debt owed to
the Commission, following the
procedures set out in the Debt
Collection Act, 31 U.S.C. 3711(e).
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Information in this system includes
both paper and electronic records. The
paper records, documents, and files are
maintained in file cabinets that are
located in the Office of General Counsel,
and in the bureaus and offices (B/Os) of
the FCC staff who provide the responses
to such claims. The electronic records,
files, and data are stored in the FCC’s
computer network.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records are retrieved by the name of
the individual filing or subject of the
claim.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are retained and disposed of
in accordance with the agency records
control schedule N1–173–91–001, Item
6, approved by the National Archives
and Records Administration (NARA).
The records are destroyed 3 years
after closure of the matter or when no
longer required for administrative
purposes, whichever is sooner.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
The file cabinets containing paper
records in this system are maintained in
file cabinets in ‘‘non-public’’ rooms in
the Office of General Counsel and in the
bureau or office (B/O) suites. The OCG
and B/O file cabinets are locked at the
end of the business day. Access to these
offices is through key and card-coded
main doors. Only authorized OCG and
B/O supervisors and staff, who are
responsible for responding to them, may
have access to these paper records. The
electronic records, files, and data are
housed in the FCC’s computer network.
Access to the electronic files is
restricted to staff in the bureaus and
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Federal Register / Vol. 83, No. 45 / Wednesday, March 7, 2018 / Notices
offices who are responsible for
responding to such claims, and to the
Information Technology (IT) staff and
contractors who maintain the FCC’s
computer network. 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 IT
privacy safeguards, a comprehensive
and dynamic set of IT safety and
security protocols and features that are
designed to meet all Federal IT privacy
standards, including those required by
the National Institute of Standards and
Technology (NIST) and the Federal
Information Security Modernization Act
of 2014 (FISMA).
NOTIFICATION PROCEDURE:
Individuals wishing to determine
whether this system of records contains
information about them may do so by
writing to Leslie F. Smith, Privacy
Manager, Information Technology (IT),
Federal Communications Commission
(FCC), 445 12th Street SW, Washington,
DC 20554, or email Leslie.Smith@
fcc.gov.
Individuals must furnish reasonable
identification by showing any two of the
following: social security card; driver’s
license; employee identification card;
Medicare card; birth certificate; bank
credit card; or other positive means of
identification, or by signing an identity
statement stipulating that knowingly or
willfully seeking or obtaining access to
records about another person under
false pretenses is punishable by a fine
of up to $5,000.
Individuals requesting access must
also comply with the FCC’s Privacy Act
regulations regarding verification of
identity and access to records (5 CFR
part 0, subpart E).
RECORD ACCESS PROCEDURE:
Individuals wishing to request access
to and/or amendment of records about
them should follow the Notification
Procedure above.
CONTESTING RECORD PROCEDURES:
Individuals wishing to request an
amendment of records about them
should follow the Notification
Procedure above.
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EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
The FCC previously gave notice of
this system of records, FCC/OGC–5, by
publication in the Federal Register on
April 5, 2006 (71 FR 17234, 17244).
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Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2018–04562 Filed 3–6–18; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[OMB 3060–0298]
Information Collection Being Reviewed
by the Federal Communications
Commission
Federal Communications
Commission.
ACTION: Notice and request for
comments.
AGENCY:
As part of its continuing effort
to reduce paperwork burdens, and as
required by the Paperwork Reduction
Act (PRA) of 1995, the Federal
Communications Commission (FCC or
the Commission) invites the general
public and other Federal agencies to
take this opportunity to comment on the
following information collection.
Comments are requested concerning:
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
the accuracy of the Commission’s
burden estimate; ways to enhance the
quality, utility, and clarity of the
information collected; ways to minimize
the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology; and ways to
further reduce the information
collection burden on small business
concerns with fewer than 25 employees.
The FCC may not conduct or sponsor a
collection of information unless it
displays a currently valid control
number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
PRA that does not display a valid Office
of Management and Budget (OMB)
control number.
DATES: Written PRA comments should
be submitted on or before May 7, 2018.
If you anticipate that you will be
submitting comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the contact listed below as soon
as possible.
ADDRESSES: Direct all PRA comments to
Nicole Ongele, FCC, via email PRA@
fcc.gov and to Nicole.Ongele@fcc.gov.
SUMMARY:
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For
additional information about the
information collection, contact Nicole
Ongele at (202) 418–2991.
SUPPLEMENTARY INFORMATION: As part of
its continuing effort to reduce
paperwork burdens, and as required by
the Paperwork Reduction Act (PRA) of
1995 (44 U.S.C. 3501–3520), the Federal
Communications Commission (FCC or
Commission) invites the general public
and other Federal agencies to take this
opportunity to comment on the
following information collections.
Comments are requested concerning:
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
the accuracy of the Commission’s
burden estimate; ways to enhance the
quality, utility, and clarity of the
information collected; ways to minimize
the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology; and ways to
further reduce the information
collection burden on small business
concerns with fewer than 25 employees.
OMB Control Number: 3060–0298.
Title: Part 61, Tariffs (Other than the
Tariff Review Plan).
Form Number: N/A.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other forprofit.
Number of Respondents and
Responses: 2,840 respondents; 5,543
responses.
Estimated Time per Response: 30–50
hours.
Frequency of Response: On occasion,
annual, biennial and one-time reporting
requirements.
Obligation to Respond: Required to
obtain or retain benefits. Statutory
authority for this information collection
is contained in 47 U.S.C. Sections 151–
155, 201–205, 208, 251–271, 403, 502
and 503 of the Communications Act of
1934, as amended.
Total Annual Burden: 195,890 hours.
Total Annual Cost: $1,369,000.
Privacy Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
Respondents are not being asked to
submit confidential information to the
Commission. If the Commission
requests respondents to submit
information which respondents believe
are confidential, respondents may
request confidential treatment of such
information under 47 CFR 0.459 of the
Commission’s rules.
FOR FURTHER INFORMATION CONTACT:
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]]>Agencies
[Federal Register Volume 83, Number 45 (Wednesday, March 7, 2018)]
[Notices]
[Pages 9738-9740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04562]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
Privacy Act of 1974; System of Records
AGENCY: Federal Communications Commission.
ACTION: Notice of a modified system of records.
-----------------------------------------------------------------------
SUMMARY: The Federal Communications Commission (FCC or Commission or
Agency) has modified an existing system of records, FCC/OGC-5, Pending
Civil Cases, subject to the Privacy Act of 1974, as amended. This
action is necessary to meet the requirements of the Privacy Act to
publish in the Federal Register notice of the existence and character
of records maintained by the agency. The Office of the General Counsel
(OGC) uses the personally identifiable information (PII) in this system
to update information or furnish additional data for the Government
agency handling the pending civil case.
DATES: This action will become effective on March 7, 2018. The routine
uses in this action will become effective on April 6, 2018 unless
comments are received that require a contrary determination.
ADDRESSES: Send comments to Leslie F. Smith, Privacy Manager,
Information Technology (IT), Room 1-C216, Federal Communications
Commission, 445 12th Street SW, Washington, DC 20554, or to
[email protected].
FOR FURTHER INFORMATION CONTACT: Leslie F. Smith, (202) 418-0217, or
[email protected] (and to obtain a copy of the Narrative Statement
and the Supplementary Document, which includes details of the proposed
alterations to this system of records).
SUPPLEMENTARY INFORMATION: This notice serves to update and modify FCC/
OGC-5, Pending Civil Cases, as a result of an increased use of
electronic information technology. The substantive changes and
modifications to the previously published version of the FCC/OGC-5
system of records include:
1. Change to the Security Classification to note OMB's guidance
that this system's records are not classified.
2. Addition of 31 U.S.C. 3729-3733 to the Authorities for
Maintenance of the System.
3. Numerous changes to the Record Source Categories to include
individuals who file or are subjects of civil cases; attorneys or
representatives of claimants and subjects of civil cases; communication
between FCC bureaus and offices, Justice Department and U.S. attorneys,
and other Federal agencies including U.S. District Courts; and parties
to civil cases and proceedings and investigative materials, related
documentation, and decisions including appeals, amendments, litigation,
and related matters.
4. Deletion of one routine use: (2) Public Access, since releases
under the FOIA are covered by 5 U.S.C. 552a(b)(2), so a separate
routine use for them is not needed.
5. Updating language, adding information, and/or renumbering five
routine uses: (1) Adjudication and Litigation (previously (2)); (2) Law
Enforcement and Investigation; (3) Congressional Inquiries; and (4)
Government-wide Program Management and Oversight.
6. Adding three new routine uses: (5) Breach Notification to
address real or suspected data breach situations at the FCC; (6)
Assistance to Federal Agencies and Entities for assistance with other
Federal agencies' data breach situations; and (7) For Non-Federal
Personnel to allow contractors performing or working on a contract for
the Federal Government access to information. Routine Uses (5) and (6)
are required by OMB Memorandum m-17-12.
7. Adding a new section: Reporting to a Consumer Reporting Agency
to address valid and overdue debts owed by individuals to the FCC under
the Debt Collection Act, as recommended by OMB.
The system of records is also updated to reflect various
administrative changes related to the system managers and system
addresses; policy and practices for storage, retrieval, and retention
and disposal of the records; administrative, technical, and physical
safeguards; and updated notification, records access, and contesting
records procedures.
SYSTEM NAME AND NUMBER:
FCC/OGC-5, Pending Civil Cases.
SECURITY CLASSIFICATION:
No information in this system is classified.
SYSTEM LOCATION:
Office of General Counsel (OGC), Federal Communications Commission
(FCC), 445 12th Street SW, Washington, DC 20554.
SYSTEM MANAGER(S) AND ADDRESS:
Office of General Counsel (OGC), Federal Communications Commission
(FCC), 445 12th Street SW, Washington, DC 20554.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
47 U.S.C. 401 and 402; 31 U.S.C. 3729-3733.
[[Page 9739]]
PURPOSE(S):
Information in this system of records is used by Commission
attorneys to update information or furnish additional data for the
Government agency handling the pending civil case.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Any individual who has a miscellaneous case involving the Federal
Communications Commission (FCC) before any District Court, before any
Court of Appeals, and before the Supreme Court.
CATEGORIES OF RECORDS IN THE SYSTEM:
Information in this system of records may include, but is not
limited to letters, memoranda, pleadings, briefs, and bankruptcy
papers.
RECORD SOURCE CATEGORIES:
The sources for the information in this system of records include
but are not limited to:
(a) Individuals filing claims in civil cases;
(b) Individuals who are the subjects of such claims in civil cases;
(c) Attorneys or representatives of the claimants and the subjects
of the claims in civil cases;
(d) Communication between FCC organizational units (bureaus and
offices), the Justice Department including U.S. Attorneys, and other
Federal agencies including U.S. District Courts; and
(e) Parties to the proceedings and the investigative materials and
related documentation and decisions that involve, but are not limited
to appeals, amendments, and litigation concerning such claims in civil
cases.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed to authorized
entities, as is determined to be relevant and necessary, outside the
FCC as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows. In
each of these cases, the FCC will determine whether disclosure of the
records is compatible with the purpose(s) for which the records were
collected:
1. Adjudication and Litigation--To disclose information the
Department of Justice (DOJ), or other administrative body before which
the FCC is authorized to appear, when: (a) The FCC or any component
thereof; (b) any employee of the FCC in his or her official capacity;
(c) any employee of the FCC in his or her individual capacity where DOJ
or the FCC has agreed to represent the employee; or (d) the United
States is a party to litigation or has an interest in such litigation,
and the use of such records by DOJ or the FCC is deemed by the FCC to
be relevant and necessary to the litigation.
2. Law Enforcement and Investigation--To disclose pertinent
information to the appropriate Federal, State, or local agency
responsible for investigating, prosecuting, enforcing, or implementing
a statute, rule, regulation, or order, where the FCC becomes aware of
an indication of a violation or potential violation of civil or
criminal law or regulation.
3. Congressional Inquiries--To provide information to a
congressional office from the record of an individual in response to an
inquiry from that congressional office made at the request of that
individual.
4. Government-wide Program Management and Oversight--To disclose
information to the National Archives and Records Administration (NARA)
for use in its records management inspections; to the Government
Accountability Office (GAO) for oversight purposes; to the Department
of Justice (DOJ) to obtain that department's advice regarding
disclosure obligations under the Freedom of Information Act (FOIA); or
to the Office of Management and Budget (OMB) to obtain that office's
advice regarding obligations under the Privacy Act.
5. Breach Notification -To appropriate agencies, entities, and
persons when: (a) The Commission suspects or has confirmed that there
has been a breach of the system of records; (b) the Commission has
determined that as a result of the suspected or confirmed breach there
is a risk of harm to individuals, the Commission (including its
information systems, programs, and operations), the Federal Government,
or national security; and (c) the disclosure made to such agencies,
entities, and persons is reasonably necessary to assist in connection
with the Commission's efforts to respond to the suspected or confirmed
breach or to prevent, minimize, or remedy such harm.
6. Assistance to Federal Agencies and Entities--To another Federal
agency or Federal entity, when the Commission determines that
information from this system is reasonably necessary to assist the
recipient agency or entity in: (a) Responding to a suspected or
confirmed breach or (b) preventing, minimizing, or remedying the risk
of harm to individuals, the recipient agency or entity (including its
information systems, program, and operations), the Federal Government,
or national security, resulting from a suspected or confirmed breach.
7. For Non-Federal Personnel--To disclose information to
contractors performing or working on a contract for the Federal
Government.
REPORTING TO A CONSUMER REPORTING AGENCY:
In addition to the routine uses listed above, the Commission may
share information from this system of records with a consumer reporting
agency regarding an individual who has not paid a valid and overdue
debt owed to the Commission, following the procedures set out in the
Debt Collection Act, 31 U.S.C. 3711(e).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Information in this system includes both paper and electronic
records. The paper records, documents, and files are maintained in file
cabinets that are located in the Office of General Counsel, and in the
bureaus and offices (B/Os) of the FCC staff who provide the responses
to such claims. The electronic records, files, and data are stored in
the FCC's computer network.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by the name of the individual filing or
subject of the claim.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained and disposed of in accordance with the agency
records control schedule N1-173-91-001, Item 6, approved by the
National Archives and Records Administration (NARA).
The records are destroyed 3 years after closure of the matter or
when no longer required for administrative purposes, whichever is
sooner.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
The file cabinets containing paper records in this system are
maintained in file cabinets in ``non-public'' rooms in the Office of
General Counsel and in the bureau or office (B/O) suites. The OCG and
B/O file cabinets are locked at the end of the business day. Access to
these offices is through key and card-coded main doors. Only authorized
OCG and B/O supervisors and staff, who are responsible for responding
to them, may have access to these paper records. The electronic
records, files, and data are housed in the FCC's computer network.
Access to the electronic files is restricted to staff in the bureaus
and
[[Page 9740]]
offices who are responsible for responding to such claims, and to the
Information Technology (IT) staff and contractors who maintain the
FCC's computer network. 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 IT privacy safeguards, a
comprehensive and dynamic set of IT safety and security protocols and
features that are designed to meet all Federal IT privacy standards,
including those required by the National Institute of Standards and
Technology (NIST) and the Federal Information Security Modernization
Act of 2014 (FISMA).
NOTIFICATION PROCEDURE:
Individuals wishing to determine whether this system of records
contains information about them may do so by writing to Leslie F.
Smith, Privacy Manager, Information Technology (IT), Federal
Communications Commission (FCC), 445 12th Street SW, Washington, DC
20554, or email [email protected].
Individuals must furnish reasonable identification by showing any
two of the following: social security card; driver's license; employee
identification card; Medicare card; birth certificate; bank credit
card; or other positive means of identification, or by signing an
identity statement stipulating that knowingly or willfully seeking or
obtaining access to records about another person under false pretenses
is punishable by a fine of up to $5,000.
Individuals requesting access must also comply with the FCC's
Privacy Act regulations regarding verification of identity and access
to records (5 CFR part 0, subpart E).
RECORD ACCESS PROCEDURE:
Individuals wishing to request access to and/or amendment of
records about them should follow the Notification Procedure above.
CONTESTING RECORD PROCEDURES:
Individuals wishing to request an amendment of records about them
should follow the Notification Procedure above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
The FCC previously gave notice of this system of records, FCC/OGC-
5, by publication in the Federal Register on April 5, 2006 (71 FR
17234, 17244).
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2018-04562 Filed 3-6-18; 8:45 am]
BILLING CODE 6712-01-P
