Privacy Act of 1974; System of Records, 29713-29716 [2020-10533]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 85, Number 96 (Monday, May 18, 2020)]
[Notices]
[Pages 29713-29716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10533]


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FEDERAL COMMUNICATIONS COMMISSION

[FRS 16575]


Privacy Act of 1974; System of Records

AGENCY: Federal Communications Commission.

ACTION: Notice of a new system of records.

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SUMMARY: The Federal Communications Commission (FCC, Commission, or 
Agency) proposes to add a new system of records, FCC/OMD-29, Motor 
Vehicle Management Program (MVMP), subject to the Privacy Act of 1974, 
as amended. This action is necessary to meet the requirements of the 
Privacy Act to publish in the Federal Register notice of the existence 
and character of records maintained by the Agency. The FCC's

[[Page 29714]]

Office of Managing Director (OMD) will use this new system to cover the 
personally identifiable information (PII) that is contained in the 
forms, databases, and related documents, forms, and materials 
associated with the FCC's Motor Vehicles Management Program (MVMP).

DATES: This action will become effective on June 17, 2020. Written 
comments on the system's routine uses are due by June 17, 2020. The 
routine uses in this action will become effective on June 17, 2020 
unless written comments are received that require a contrary 
determination.

ADDRESSES: Send comments to Leslie F. Smith, Privacy Manager, 
Information Technology (IT), Federal Communications Commission, 445 
12th Street SW, Washington, DC 20554, or via the internet at 
[email protected].

FOR FURTHER INFORMATION CONTACT: Leslie F. Smith, (202) 418-0217, or 
[email protected] (and to obtain a copy of the Narrative Statement).

SUPPLEMENTARY INFORMATION: 
    The FCC's Administrative Services Center (ASC) in the Office of 
Managing Director (OMD) is responsible for the development and 
management of the MVMP, which is used by the FCC's bureaus and offices. 
The MVMP maintains and uses information that is necessary for the FCC 
to provide an adequate, efficient, safe, and economical transportation 
program for FCC officials and staff consistent with the FCC's policies 
and programs. The MVMP will do this by:
    1. Managing the operation, maintenance, repair, and associated 
activities of the Commission's owned and/or leased motor vehicle pool 
that is used by FCC employees and contractors;
    2. Monitoring vehicle uses to ensure against misuse, abuse, and/or 
unauthorized use (e.g., personal use) by FCC employees and contractors;
    3. Maintaining records on FCC employees and contractors who are 
authorized and/or required to operate FCC vehicles, including, but not 
limited to employees in the Enforcement Bureau (EB) and the Public 
Safety and Homeland Security Bureau (PSHSB) who must use a vehicle in 
the performance of their job duties, FCC headquarters contract drivers, 
and other FCC employees who use FCC-owned or leased vehicles on an 
occasional or infrequent basis; and
    4. Submitting required periodic reports on the safety, emergency, 
and/or accident information, and related vehicular data to the FCC's 
Office of General Counsel (OGC) and the Office of Managing Director 
(OMD) and to the General Services Administration (GSA).

System Name and Number:
    FCC/OMD-29, Motor Vehicle Management Program (MVMP).

Security Classification:
    Unclassified.

System Location:
    Administrative Service Center (ASC), Office of Managing Director 
(OMD), Federal Communications Commission (FCC), 445 12th Street SW, 
Washington, DC 20554 and FCC facilities and field offices.

System Manager(s):
    Administrative Services Center (ASC), Office of Managing Director 
(OMD), Federal Communications Commission (FCC), 445 12th Street SW, 
Washington, DC 20554.

Authority for Maintenance of the System:
    5 U.S.C. 5733; 31 U.S.C. 1344, 1349; 5 CFR part 930, subpart A; 41 
CFR part 102-5; 41 CFR 102-34.200, 34.220, 301-70.101(a).

Purpose(s) of the System:
    The FCC's Motor Vehicle Management Program (MVMP) is used to ensure 
that the Commission has an efficient, economical, and safe vehicle 
transportation program for Commission officials and staff, which is 
available to meet the FCC's mission requirements. The personally 
identifiable information (PII) in the MVMP system includes, but is not 
limited to the information that is contained in the forms, databases, 
and other, related information and materials associated with the MVMP, 
which include:
    1. Information that includes, but is not limited to state drivers' 
licensing, certification, and related records \1\ that are used to 
verify that FCC headquarters contract drivers (e.g., chauffeur 
services) and FCC employees (authorized and/or required to use FCC or 
leased vehicles to perform their job duties) meet applicable state 
licensing and the Federal operating requirements that authorize use of 
Federal government owned/leased vehicles, as required by 5 CFR Sections 
930.109 and 930.110.
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    \1\ The state licensing, certification, and related records are 
destroyed once driver validation requirements are met.
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    2. Health, fitness, and driving records, and related information 
that include, but are not limited to meeting requirements to ensure 
that FCC employees and contractors meet the requisite driving and 
fitness standards, which include, but are not limited to ensuring that 
they are physically capable of operating motor vehicles; maintaining 
good driving records; and participating in driver safety training.
    3. FCC vehicles and related operating and maintenance records and 
related information that include, but are not limited to the operation, 
maintenance, damages, repairs, losses, and associated functions and 
activities of the FCC owned and/or leased vehicles and related 
equipment to ensure that vehicles are only used for official FCC 
purposes and to guard against the misuse, abuse, and/or unauthorized 
use (e.g., personal use) by employees (including the Enforcement 
Bureau's field operations staff) \2\ and contractors;
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    \2\ FCC/EB-5, Enforcement Bureau Activity Tracking System 
(EBATS), covers the PII that is collected, stored, and used as part 
of EB's enforcement functions, actions, and activities.
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    4. Criminal, accident, and traffic citations, and related vehicular 
usage records, that include, but are not limited to emergencies, 
traffic and police reports, and related information about accidents, 
insurance claims, and damages that the FCC provides to the Office of 
General Counsel (OGC) as required; corrective actions required under 5 
CFR Section 930.113 including, but not limited to situations resulting 
from improper use of a FCC owned/leased vehicle by an employee or 
contractor such as intoxication, accidents, disqualification to operate 
a motor vehicle due to physical, mental, emotional, or similar 
conditions, and/or revoked/suspended driver's license;
    5. Information related to temporary usage of a vehicle by a FCC 
employee or contractor or non-FCC individual (i.e., individuals who are 
participating in FCC-related activities and functions) in special 
circumstances limited to emergencies threatening loss of life or 
property.
    6. Vehicle usage records that include, but are not limited to, FCC 
employees authorized or who volunteer to use their own vehicles on a 
reimbursable basis for official, job-related functions.

Categories of Individuals Covered by the System:
    The categories of individuals in this system include, but are not 
limited to:
    1. FCC officials and employees authorized to use FCC motor vehicles 
for job duties (e.g., field work); authorized to use FCC owned and/or 
leased vehicles on infrequent or periodic basis; and/or who use 
personal motor vehicles (for reimbursement) for official, work-related 
out of town trips;
    2. Authorized contract drivers at FCC headquarters (i.e., chauffeur 
services);

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    3. FCC officials, employees, and contractors, and non-FCC 
individuals (i.e., individuals who are participating in FCC-related 
activities) at Headquarters and/or FCC Field Offices who may use FCC 
motor vehicles on a temporary basis in emergencies, safety of life 
situation(s), and/or damaged property situations; passengers in FCC 
owned or leased vehicle, including visitors to the FCC and other 
government officials or employees, for ``official business'' with the 
FCC; and/or are involved in traffic accidents with FCC vehicles; and
    4. Traffic officials and police, accident witnesses, vehicle 
drivers and passengers, and pedestrians whose information is contained 
in accident reports.

Categories of Records in the System:
    The categories of records in this system include, but are not 
limited to the information concerning:
    1. Driver's physical fitness records that include, but are not 
limited to the driver's full name, date of birth, position title, home 
address, employing agency, physical limitations and current status (as 
applicable), vision and hearing current status, certifying official, 
and date.
    2. Driving records that include, but are not limited to state 
driver/operator license data including, but not limited to license 
type: Operator, chauffeur, and other, issue/expiration dates, 
restrictions, road test data, defensive driving courses, traffic 
violations (except parking), suspensions, and/or accidents, and 
signature and date.
    3. Accident and associated damage, injury, and death reporting 
records that include, but are not limited to police motor vehicle 
accident reports, drivers' information, witnesses' information, home 
and business addresses, home and office telephone numbers, account of 
traffic accident's date, time, location, injured and/or deceased 
individuals, private property and government property damages, 
insurance claim(s), traffic case number(s), government vehicles and 
private vehicles trip and accident details, accident diagram(s), and 
signatures and dates.\3\
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    \3\ FCC/OMD-31, Private or Civil Injury Claimants, covers the 
PII the Commission uses in determining whether a damage claim filed 
against the FCC should be paid and for reference purposes when 
similar cases arise.
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    4. Motor vehicle dispatch, trip request, and fiscal year vehicle 
operations records that include, but are not limited to vehicle trip 
and maintenance data including but not limited to passengers and 
signatures, trip dates, departure/return times, destination/nature of 
trips, vehicle fuel and maintenance records, odometer readings, credit 
card purchases, and driver's instructions, notes, and signature. The 
MVMP uses a commercial software application to manage these records.

Record Source Categories:
    The sources for the information in the MVMP system include, but are 
not limited to FCC Forms A-45, A-45-A, A-344, FCC Fiscal Year Motor 
Vehicle Operations Report, FCC Vehicle Request Form, Vehicle Dispatch 
Record, FCC Driver's Past Performance Record, FCC Request for a Private 
Vehicle, Federal Forms SF 91, SF 94, SF 95, OF-345, FOH-6 ME 0426, and 
associated state motor vehicle records, and licensing and certification 
documents and forms; police and transportation safety officials' 
reports and forms detailing safety, emergency, and/or accident 
information and related vehicular data and activities with associated 
forms, certifications, exhibits, and authorizations concerning the 
operation of FCC vehicles.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and 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.
    1. Adjudication and Litigation--To disclose information to the 
Department of Justice (DOJ), or to other administrative or adjudicative 
body before which the FCC is authorized to appear, when: (a) The FCC or 
any component thereof; or (b) any employee of the FCC in his or her 
official capacity; or (c) any employee of the FCC in his or her 
individual capacity where the DOJ or the FCC have agreed to represent 
the employee; or (d) the United States is a party to litigation or have 
an interest in such litigation, and the use of such records by the DOJ 
or the FCC is deemed by the FCC to be relevant and necessary to the 
litigation.
    2. Law Enforcement and Investigations--To disclose pertinent 
information to the appropriate Federal, State, and/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 written 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. Contract Services, Grants, or Cooperative Agreements--To 
disclose information to FCC contractors, grantees, or volunteers who 
have been engaged to assist the FCC in the performance of a contract 
service, grant, cooperative agreement, or other activity related to 
this system of records and who need to have access to the records in 
order to perform their activity. Recipients shall be required to comply 
with the requirements of the Privacy Act of 1974, as amended, 5 U.S.C. 
552a.
    6. Employment, Clearances, Licensing, Contract, Grant, or other 
Benefits Decisions by the FCC--To disclose information to a Federal, 
State, local, tribal, or other public agency or authority maintaining 
civil, criminal, or other relevant enforcement records, or other 
pertinent records, or to another public authority or professional 
organization, if necessary to obtain information relevant to an 
investigation concerning the hiring or retention of an employee or 
other personnel action, the issuance or retention of a license, grant, 
or other benefit by the Commission, to the extent that the information 
is relevant and necessary to the requesting agency's decisions on the 
matter.
    7. For Certain Disclosures to Other Federal Agencies--To disclose 
information to a Federal agency, in response to its request in 
connection with the hiring or retention of an employee, the issuance of 
a security clearance, the conducting of a suitability or security 
investigation of an individual, the classifying of jobs, the letting of 
a contract, or the issuance of a license, grant, or other benefit by 
the requesting agency, to the extent that the information is relevant 
and necessary to

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the requesting agency's decision on the matter.
    8. Labor Relations--To officials of labor organizations recognized 
under 5 U.S.C. Chapter 71 upon receipt of a formal request and in 
accord with the conditions of 5 U.S.C. 7114 when relevant and necessary 
to their duties of exclusive representation concerning personnel 
policies, practices, and matters affecting conditions of employment.
    9. 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.
    10. 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.

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:
    The information in the MVMP system includes electronic data, 
records, and files that are stored in the FCC's computer network 
databases; and paper documents, records, and files that are stored in 
file cabinets in the ASC office suite and in the EB office suite and 
field offices.

Policies and Practices for Retrieval of Records:
    Information in the electronic MVMP databases and the paper 
documents and files can be retrieved by the driver's name.

Policies and Practices for Retention and Disposal of Records:
    The FCC maintains and disposes of these records in accordance with 
the requirements of General Records Schedule (GRS) 5.4 issued by the 
National Archives and Records Administration (NARA), under the 
following Disposition Authorities:
    Item 010: DAA-GRS-2016-0011-0001: Facility, space, vehicle, 
equipment, stock, and supply administrative and operational records;
    Item 030: DAA-GRS-2016-0011-0003: Vehicle and equipment ownership 
records and operation manual;
    Item 040: DAA-GRS-2016-0011-0004: Excess personal property, 
equipment, and vehicle records;
    Item 090: DAA-GRS-2016-0011-0011: Land vehicle and water vessel 
inspection, maintenance, and service records;
    Item 110: DAA-GRS-2016-0011-0014: Vehicle and heavy equipment 
operator records; \4\ and
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    \4\ The FCC collects and uses state drivers' licensing and 
certification information only on a temporary basis to verify that 
FCC headquarters contract drivers (i.e., chauffeur services) and FCC 
employees (authorized and/or required to use FCC owned or leased 
vehicles to perform their job duties) meet applicable state 
licensing and Federal operating requirements that authorize use of 
Federal government owned/leased vehicles, as required by 5 CFR 
Sections 930.109 and 930.110. This information is destroyed once 
each driver's information is validated.
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    Item 140: DAA-GRS-2016-0011-0017: Vehicle and vessel accident and 
incident records.

Administrative, Technical, and Physical Safeguards:
    The electronic records, files, and data are stored within FCC 
accreditation boundaries. Access to the electronic files is restricted 
to authorized ASC supervisors, employees, and contractors in the Office 
of Managing Director; the supervisors, employees, and contractors in EB 
and OGC; and the IT staff, contractors, and vendors who maintain the 
networks and services. Other FCC employees, contractors, vendors, and 
users may be granted access on a need-to-know basis. The records in the 
FCC's computer network are protected by the FCC and third-party privacy 
safeguards, a comprehensive and dynamic set of IT safety and security 
protocols and features that are designed to meet all Federal IT privacy 
standards, including those required by the Federal Information Security 
Modernization Act of 2014 (FISMA), the Office of Management and Budget 
(OMB), and the National Institute of Standards and Technology (NIST).
    The paper documents are maintained in file cabinets that are 
located in the ASC, EB, OGC, and OMD office suites. Access to the file 
cabinets in these office suites is through a card-coded main door. The 
file cabinets are locked at the end of the day, or when not in use. 
Access to these files is restricted to authorized ASC, EB, OGC, and OMD 
supervisors, employees, and contractors.

Record Access Procedures:
    Individuals wishing to request access to and/or amendment of 
records about them should follow the Notification Procedure below.

Contesting Record Procedures:
    Individuals wishing to request an amendment of records about them 
should follow the Notification Procedure below.

Notification Procedures:
    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, Federal Communications 
Commission, 445 12th Street SW, Washington, DC 20554, or email 
[email protected] and following the procedures set forth in the 
FCC's Privacy Act regulations regarding verification of identity and 
access to records, 47 CFR Part 0, Subpart E.

Exemptions Promulgated for the System:
    None.

History:
    This is a new system of records.

Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2020-10533 Filed 5-15-20; 8:45 am]
 BILLING CODE 6712-01-P