Privacy Act of 1974; System of Records, 19631-19634 [2023-06871]
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Federal Register / Vol. 88, No. 63 / Monday, April 3, 2023 / Notices
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following issues: (1) is this collection
necessary to the proper functions of the
Department; (2) will this information be
processed and used in a timely manner;
(3) is the estimate of burden accurate;
(4) how might the Department enhance
the quality, utility, and clarity of the
information to be collected; and (5) how
might the Department minimize the
burden of this collection on the
respondents, including through the use
of information technology. Please note
that written comments received in
response to this notice will be
considered public records.
Title of Collection: Evaluation of
Transition Supports for Youth with
Disabilities.
OMB Control Number: 1850–NEW.
Type of Review: New ICR.
Respondents/Affected Public: State,
Local, and Tribal Governments.
Total Estimated Number of Annual
Responses: 2,069.
Total Estimated Number of Annual
Burden Hours: 1,257.
Abstract: This study will examine the
effectiveness, implementation, and costs
of two new strategies for supporting
youth with disabilities and their
families to prepare for a successful
transition from high school to adult life.
The first strategy is based on a model of
self-determination instruction designed
to help students develop skills such as
goal setting, decision making, planning
and apply those skills to plan and
pursue their transition goals. The
second strategy not only teaches selfdetermination skills but also provides
individual mentoring to help students
engage in and take active steps toward
their post-school goals. The study will
compare the intermediate and postschool outcomes for approximately
3,000 students who have an
individualized education program and
are approximately two years from high
school graduation. Participating
students in up to 100 schools and 16
districts will be randomly assigned to
receive one of the study’s strategies or
continue with the regular transition
supports they receive from their school.
Dated: March 28, 2023.
Juliana Pearson,
PRA Coordinator, Strategic Collections and
Clearance Governance and Strategy Division,
Office of Chief Data Officer, Office of
Planning, Evaluation and Policy
Development.
[FR Doc. 2023–06785 Filed 3–31–23; 8:45 am]
BILLING CODE 4000–01–P
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DEPARTMENT OF EDUCATION
[Docket ID ED–2023–OFO–0021]
Privacy Act of 1974; System of
Records
Office of Security, Facilities
and Logistics, Office of Finance and
Operations, U.S. Department of
Education.
ACTION: Notice of a new system of
records.
AGENCY:
In accordance with the
Privacy Act of 1974, as amended
(Privacy Act), the U.S. Department of
Education (Department) publishes this
notice of a new system of records
entitled ‘‘Emergency Notification
System (ENS)’’ (18–03–06). The
Emergency Notification System (ENS)
provides a notification system for the
Department’s internal Continuity of
Operations (COOP) and Pandemic
plans, as well as day-to-day emergency
management efforts. ENS provides realtime notifications to Department
employees during an emergency event.
ENS also gives Department employees
the ability to access and modify their
own personal information and
preferences via a self-service portal, and
system administrators the ability to
generate reports to verify the status of
the aforementioned emergency alerts.
DATES: Submit your comments on this
new system of records notice on or
before May 3, 2023.
This new system of records notice
will become applicable upon
publication in the Federal Register on
April 3, 2023, unless it needs to be
changed as a result of public comment.
The routine uses outlined in the section
titled ‘‘ROUTINE USES OF RECORDS
MAINTAINED IN THE SYSTEM,
INCLUDING CATEGORIES OF USERS
AND PURPOSES OF SUCH USES’’ will
become effective on the expiration of
the 30-day period of public comment on
May 3, 2023, unless they need to be
changed as a result of public comment.
The Department will publish any
significant changes to the system of
records or routine uses resulting from
public comment.
ADDRESSES: Comments must be
submitted via the Federal eRulemaking
Portal at www.regulations.gov. However,
if you require an accommodation or
cannot otherwise submit your
comments via www.regulations.gov,
please contact the program contact
person listed under FOR FURTHER
INFORMATION CONTACT. The Department
will not accept comments submitted by
fax or by email, or comments submitted
after the comment period closes. To
SUMMARY:
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ensure that the Department does not
receive duplicate copies, please submit
your comments only once. In addition,
please include the Docket ID at the top
of your comments.
• Federal eRulemaking Portal: Go to
www.regulations.gov to submit your
comments electronically. Information
on using www.regulations.gov,
including instructions for accessing
agency documents, submitting
comments, and viewing the docket, is
available on the site under the ‘‘help’’
tab.
Privacy Note: The Department’s
policy is to make all comments received
from members of the public available for
public viewing in their entirety on the
Federal eRulemaking Portal at
www.regulations.gov. Therefore,
commenters should be careful to
include in their comments only
information that they wish to make
publicly available.
Assistance to Individuals with
Disabilities in Reviewing the
Rulemaking Record: On request we will
provide an appropriate accommodation
or auxiliary aid to an individual with a
disability who needs assistance to
review the comments or other
documents in the public rulemaking
record for this notice. If you want to
schedule an appointment for this type of
accommodation or auxiliary aid, please
contact the person listed under FOR
FURTHER INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT: Lisa
Senecal, Information System Owner,
Office of Security, Facilities and
Logistics, Office of Finance and
Operations, U.S. Department of
Education, 400 Maryland Avenue SW,
Room 224–50, Washington, DC 20202–
6110. Telephone: (202) 205–8123.
Email: lisa.senecal@ed.gov.
SUPPLEMENTARY INFORMATION:
Introduction
In support of the Department’s COOP,
Devolution, Pandemic, and
Reconstitution Plans, as well as day-today emergency management efforts, the
ENS provides the Department an
emergency alert tool to communicate,
via real-time notifications, pertinent
information to Department employees
during emergencies (e.g., severe weather
events). More specifically, the ENS
sends a mass message to the email
addresses and phone numbers
associated with Department employees
located in the emergency’s area.
Depending on the alert type, the system
can also solicit a response from
recipients to verify their status during
an emergency. In addition, the system
can generate reports regarding the
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Federal Register / Vol. 88, No. 63 / Monday, April 3, 2023 / Notices
responses received, which system
administrators can monitor in real time.
System administrators can also generate
reports on whom alerts were sent to and
when these alerts were sent.
ENS consists of two components: a
desktop application accessed by all
users and a browser-based web
application accessed by system
administrators. Once ENS is deployed,
the desktop application will be installed
on all Government Furnished
Equipment (GFE) computers but will
only be accessible to current
Department employees.
Accessible Format: On request to the
program contact person listed under FOR
FURTHER INFORMATION CONTACT,
individuals with disabilities can obtain
this document in an accessible format.
The Department will provide the
requestor with an accessible format that
may include Rich Text Format (RTF) or
text format (txt), a thumb drive, an MP3
file, braille, large print, audiotape,
compact disc, or other accessible format.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. You may access the official
edition of the Federal Register and the
Code of Federal Regulations at
www.govinfo.gov. At this site you can
view this document, as well as all other
documents of this Department
published in the Federal Register, in
text or Portable Document Format
(PDF). To use PDF, you must have
Adobe Acrobat Reader, which is
available free at the site.
You may also access documents of the
Department published in the Federal
Register by using the article search
feature at www.federalregister.gov.
Specifically, through the advanced
search feature at this site, you can limit
your search to documents published by
the Department.
Denise L. Carter,
Acting Assistant Secretary, Office of Finance
and Operations.
For the reasons discussed in the
preamble, the Acting Assistant Secretary
for the Office of Finance and Operations
of the U.S. Department of Education
(Department) publishes a notice of a
new system of records to read as
follows:
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SYSTEM NAME AND NUMBER:
Emergency Notification System (ENS)
(18–03–06).
SECURITY CLASSIFICATION:
Unclassified.
U.S. Department of Education, Office
of Security, Facilities and Logistics,
17:14 Mar 31, 2023
SYSTEM MANAGER(S):
Lisa Senecal, Information System
Owner, Office of Security, Facilities and
Logistics, Office of Finance and
Operations, U.S. Department of
Education, 400 Maryland Avenue SW,
Room 224–50, Washington, DC 20202–
6110.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Presidential Policy Directive 40,
National Continuity Policy (July 15,
2016), Federal Continuity Directive 1,
Federal Executive Branch National
Continuity Program and Requirements
(January 17, 2017), and Executive Order
13618 (July 6, 2012), as amended by
Executive Order 13961 (December 7,
2020).
PURPOSE(S) OF THE SYSTEM:
The purposes of the ENS are to store
and maintain emergency contact
information for current Department
employees:
(1) To maintain and implement
emergency plans, including Continuity
of Operations and facility evacuation
plans; and
(2) To notify, locate, and mobilize
individuals as necessary during
emergency or other threatening
situations.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Current Department employees.
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records in the
system are comprised of the primary
contact information for current
Department employees, such as their
first name, last name, business phone
number, business email address, and
business location, and, where provided
by current Department employees on a
voluntarily basis, their alternate contact
information, such as their personal
email address and personal phone
number.
RECORD SOURCE CATEGORIES:
SYSTEM LOCATION:
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Office of Finance and Operations, 400
Maryland Avenue SW, Washington, DC
20202–6110.
BlackBerry, 2988 Campus Drive, Suite
200, San Mateo, CA 94403. Blackberry
hosts the infrastructure that supports
the ENS applications, as a Software-asa-Service, including backend
application processing and data hosting.
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Current Department employees, and
the Department Active Directory
System.
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
The Department may disclose
information contained in a record in
this system of records under the routine
uses listed in this system of records
without the consent of the individual if
the disclosure is compatible with the
purposes for which the record was
collected. The Department may make
these disclosures on a case-by-case basis
or, if the Department has complied with
the computer matching requirements of
the Privacy Act of 1974, as amended
(Privacy Act) (5 U.S.C. 552a), under a
computer matching agreement.
(1) Congressional Member Disclosure.
The Department may disclose the
records of an individual to a member of
Congress or the member’s staff when
necessary to respond to an inquiry from
the member made at the written request
of and on behalf of the individual. The
member’s right to the information is no
greater than the right of the individual
who requested it.
(2) Enforcement Disclosure. In the
event that information in this system of
records indicates, either on its face or in
connection with other information, a
violation or potential violation of any
applicable statute, regulation, or order
of a competent authority, the
Department may disclose the relevant
records to the appropriate agency,
whether Federal, State, Tribal, or local,
charged with the responsibility of
investigating or prosecuting that
violation or charged with enforcing or
implementing the statute, Executive
Order, rule, regulation, or order issued
pursuant thereto.
(3) Litigation and Alternative Dispute
Resolution (ADR) Disclosure.
(a) Introduction. In the event that one
of the following parties listed in subparagraphs (i) through (v) of this routine
use is involved in judicial or
administrative litigation or ADR, or has
an interest in judicial or administrative
litigation or ADR, the Department may
disclose certain records from this
system of records to the parties
described in paragraphs (b), (c), and (d)
of this routine use under the conditions
specified in those paragraphs:
(i) The Department or any of its
components;
(ii) Any Department employee in their
official capacity;
(iii) Any Department employee in
their individual capacity where the U.S.
Department of Justice (DOJ) has been
requested to or has agreed to provide or
arrange for representation of the
employee;
(iv) Any Department employee in
their individual capacity when the
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Department has agreed to represent the
employee; and
(v) The United States, where the
Department determines that the
litigation is likely to affect the
Department or any of its components.
(b) Disclosure to DOJ. If the
Department determines that disclosure
of certain records to DOJ is relevant and
necessary to judicial or administrative
litigation or ADR, the Department may
disclose those records as a routine use
to DOJ.
(c) Adjudicative Disclosure. If the
Department determines that it is
relevant and necessary to judicial or
administrative litigation or ADR to
disclose certain records from this
system of records to an adjudicative
body before which the Department is
authorized to appear or to a person or
an entity designated by the Department
or otherwise empowered to resolve or
mediate disputes, the Department may
disclose those records as a routine use
to the adjudicative body, person, or
entity.
(d) Disclosure to Parties, Counsel,
Representatives, and Witnesses. If the
Department determines that disclosure
of certain records to a party, counsel,
representative, or witness is relevant
and necessary to judicial or
administrative litigation or ADR, the
Department may disclose those records
as a routine use to the party, counsel,
representative, or witness.
(4) Freedom of Information Act
(FOIA) and Privacy Act Advice
Disclosure. The Department may
disclose records to DOJ or the Office of
Management and Budget (OMB) if the
Department concludes that disclosure is
desirable or necessary in determining
whether particular records are required
to be disclosed under the FOIA or the
Privacy Act.
(5) Disclosure to DOJ. The Department
may disclose records to DOJ to the
extent necessary for obtaining DOJ
advice on any matter relevant to an
audit, inspection, or other inquiry
related to the programs covered by this
system.
(6) Contract Disclosure. If the
Department contracts with an entity to
perform any function that requires
disclosing records in this system to
employees of the contractor, the
Department may disclose the records to
those employees. As part of such
contract, the Department shall require
the contractor to agree to establish and
maintain safeguards to protect the
security and confidentiality of the
disclosed records.
(7) Employee Grievance, Complaint,
or Conduct Disclosure. If a record is
relevant and necessary to a grievance,
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complaint, or disciplinary proceeding
involving a present or former employee
of the Department, the Department may
disclose the record during investigation,
fact-finding, or adjudication to any party
to the grievance, complaint, or action; to
the party’s counsel or representative; to
a witness; or to a designated factfinder,
mediator, or other person designated to
resolve issues or decide the matter.
(8) Labor Organization Disclosure.
The Department may disclose a record
to an arbitrator to resolve disputes
under a negotiated grievance procedure
or to officials of a labor organization
recognized under 5 U.S.C. chapter 71
when relevant and necessary to their
duties of exclusive representation.
(9) Employment, Benefit, and
Contracting Disclosure.
(a) For Decisions by the Department.
The Department may disclose a record
from this system of records to a Federal,
State, Tribal, or local agency, or to
another public agency or professional
organization, maintaining civil,
criminal, or other relevant enforcement
or other pertinent records, if necessary
to obtain information relevant to a
Department decision concerning the
hiring or retention of an employee or
other personnel action, the issuance of
a security clearance, the letting of a
contract, or the issuance of a license,
grant, or other benefit.
(b) For Decisions by Other Public
Agencies and Professional
Organizations. The Department may
disclose a record to a Federal, State,
Tribal, local, or other public agency or
professional organization, in connection
with the hiring or retention of an
employee or other personnel action, the
issuance of a security clearance, the
reporting of an investigation of an
employee, the letting of a contract, or
the issuance of a license, grant, or other
benefit, to the extent that the record is
relevant and necessary to the receiving
entity’s decision on the matter.
(10) Disclosure in the Course of
Responding to a Breach of Data. The
Department may disclose records from
this system of records to appropriate
agencies, entities, and persons when (a)
the Department suspects or has
confirmed that there has been a breach
of the system of records; (b) the
Department has determined that as a
result of the suspected or confirmed
breach there is a risk of harm to
individuals, the Department (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 Department’s
efforts to respond to the suspected or
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19633
confirmed breach or to prevent,
minimize, or remedy such harm.
(11) Disclosure in Assisting Another
Agency in Responding to a Breach of
Data. The Department may disclose
records from this system of records to
another Federal agency or Federal
entity, when the Department determines
that information from this system of
records 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, programs, and operations), the
Federal Government, or national
security, resulting from a suspected or
confirmed breach.
(12) Disclosure to National Archives
and Records Administration (NARA).
The Department may disclose records
from this system of records to NARA for
the purpose of records management
inspections conducted under authority
of 44 U.S.C. 2904 and 2906.
POLICIES AND PRACTICES FOR STORAGE OR
RECORDS:
Records are stored on an encrypted
system within a secured and controlled
environment.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records are retrieved by an
employee’s name only for
administrative purposes to include
associating a Department employee to a
specific region or building to receive
tailored alerts for their geographic area.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
The records in this system of records
will be retained and disposed of in
accordance with NARA General Records
Schedule 5.3, Item 020.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
A vendor that is Federal Risk and
Authorization Management Program
(FedRAMP) certified hosts the ENS
system outside the Department’s
network. The Department access and
uses this system as a Software as a
Service (SaaS) and requires the vendor
to complete routine testing of its
environment to ensure the
confidentially, integrity, and availability
of the information in the system and
services provided. The Cloud Service
Provider enforces security controls over
the physical facility where the system is
hosted in adherence with FedRAMP
standards and provides continuous
monitoring reports to the Department.
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The ENS system utilizes role-based
authentication to ensure only
authorized users can access information,
and they can only access the
information needed to perform their
duties. Authentication to the system is
permitted only over secure, encrypted
connections.
RECORD ACCESS PROCEDURES:
If you wish to request access to
records regarding you in this system of
records, contact the system manager at
the address listed under SYSTEM
MANAGER. You must provide
necessary particulars such as your full
name, address, and telephone number,
and any other identifying information
requested by the Department while
processing the request to distinguish
between individuals with the same
name. Your request must meet the
requirements of the Department’s
Privacy Act regulations in 34 CFR 5b.5,
including proof of identity.
CONTESTING RECORD PROCEDURES:
If you wish to contest the content of
a record regarding you in this system of
records, contact the system manager at
the address listed under SYSTEM
MANAGER. You must provide your full
name, address, and telephone number,
and any other identifying information
requested by the Department to
distinguish between individuals with
the same name. Your request must also
identify the particular record within the
system that you wish to have changed,
state whether you seek an addition to or
a deletion or substitution of the record,
and explain the reasons why you wish
to have the record changed. Your
request must meet the requirements of
the Department’s Privacy Act
regulations in 34 CFR 5b.7.
NOTIFICATION PROCEDURES:
If you wish to determine whether a
record exists regarding you in this
system of records, contact the system
manager at the address listed under
SYSTEM MANAGER. You must provide
your full name, address, and telephone
number, and any other identifying
information requested by the
Department while processing the
request to distinguish between
individuals with the same name. Your
request must meet the requirements of
the Department’s Privacy Act
regulations in 34 CFR 5b.5, including
proof of identity.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
[FR Doc. 2023–06871 Filed 3–31–23; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. RM98–1–000]
Records Governing Off-the-Record
Communications
This constitutes notice, in accordance
with 18 CFR 385.2201(b), of the receipt
of prohibited and exempt off-the-record
communications.
Order No. 607 (64 FR 51222,
September 22, 1999) requires
Commission decisional employees, who
make or receive a prohibited or exempt
off-the-record communication relevant
to the merits of a contested proceeding,
to deliver to the Secretary of the
Commission, a copy of the
communication, if written, or a
summary of the substance of any oral
communication.
Prohibited communications are
included in a public, non-decisional file
Docket Nos.
File date
Prohibited:
CP21–465–000 ..................................................................................
Exempt:
P–77–000 ...........................................................................................
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1 Email
associated with, but not a part of, the
decisional record of the proceeding.
Unless the Commission determines that
the prohibited communication and any
responses thereto should become a part
of the decisional record, the prohibited
off-the-record communication will not
be considered by the Commission in
reaching its decision. Parties to a
proceeding may seek the opportunity to
respond to any facts or contentions
made in a prohibited off-the-record
communication and may request that
the Commission place the prohibited
communication and responses thereto
in the decisional record. The
Commission will grant such a request
only when it determines that fairness so
requires. Any person identified below as
having made a prohibited off-the-record
communication shall serve the
document on all parties listed on the
official service list for the applicable
proceeding in accordance with Rule
2010, 18 CFR 385.2010.
Exempt off-the-record
communications are included in the
decisional record of the proceeding,
unless the communication was with a
cooperating agency as described by 40
CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
The following is a list of off-therecord communications recently
received by the Secretary of the
Commission. This filing may be viewed
on the Commission’s website at https://
www.ferc.gov using the eLibrary link.
Enter the docket number, excluding the
last three digits, in the docket number
field to access the document. For
assistance, please contact FERC Online
Support at FERCOnlineSupport@
ferc.gov or toll free at (866) 208–3676, or
for TTY, contact (202) 502–8659.
Presenter or requester
3–20–2023
FERC Staff.1
3–21–2023
U.S. Representative Mike Thompson.
comments dated 3/14/23 from Ryan Sandman.
Dated: March 28, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
DEPARTMENT OF ENERGY
[FR Doc. 2023–06851 Filed 3–31–23; 8:45 am]
Federal Energy Regulatory
Commission
[Docket No. TX23–4–000]
BILLING CODE 6717–01–P
Pome BESS LLC; Notice of Filing
Take notice that on March 27, 2023,
pursuant to sections 210 and 211 of the
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17:14 Mar 31, 2023
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Federal Power Act,1 Pome BESS LLC
(Pome BESS) filed an application
requesting that the Federal Energy
Regulatory Commission (Commission)
issue an order requiring San Diego Gas
& Electric Company (SDG&E) to provide
interconnection and transmission
services for the proposed Pome BESS
1 16
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03APN1
]]>Agencies
[Federal Register Volume 88, Number 63 (Monday, April 3, 2023)]
[Notices]
[Pages 19631-19634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06871]
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
[Docket ID ED-2023-OFO-0021]
Privacy Act of 1974; System of Records
AGENCY: Office of Security, Facilities and Logistics, Office of Finance
and Operations, U.S. Department of Education.
ACTION: Notice of a new system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, as amended
(Privacy Act), the U.S. Department of Education (Department) publishes
this notice of a new system of records entitled ``Emergency
Notification System (ENS)'' (18-03-06). The Emergency Notification
System (ENS) provides a notification system for the Department's
internal Continuity of Operations (COOP) and Pandemic plans, as well as
day-to-day emergency management efforts. ENS provides real-time
notifications to Department employees during an emergency event. ENS
also gives Department employees the ability to access and modify their
own personal information and preferences via a self-service portal, and
system administrators the ability to generate reports to verify the
status of the aforementioned emergency alerts.
DATES: Submit your comments on this new system of records notice on or
before May 3, 2023.
This new system of records notice will become applicable upon
publication in the Federal Register on April 3, 2023, unless it needs
to be changed as a result of public comment. The routine uses outlined
in the section titled ``ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES'' will
become effective on the expiration of the 30-day period of public
comment on May 3, 2023, unless they need to be changed as a result of
public comment. The Department will publish any significant changes to
the system of records or routine uses resulting from public comment.
ADDRESSES: Comments must be submitted via the Federal eRulemaking
Portal at www.regulations.gov. However, if you require an accommodation
or cannot otherwise submit your comments via www.regulations.gov,
please contact the program contact person listed under FOR FURTHER
INFORMATION CONTACT. The Department will not accept comments submitted
by fax or by email, or comments submitted after the comment period
closes. To ensure that the Department does not receive duplicate
copies, please submit your comments only once. In addition, please
include the Docket ID at the top of your comments.
Federal eRulemaking Portal: Go to www.regulations.gov to
submit your comments electronically. Information on using
www.regulations.gov, including instructions for accessing agency
documents, submitting comments, and viewing the docket, is available on
the site under the ``help'' tab.
Privacy Note: The Department's policy is to make all comments
received from members of the public available for public viewing in
their entirety on the Federal eRulemaking Portal at
www.regulations.gov. Therefore, commenters should be careful to include
in their comments only information that they wish to make publicly
available.
Assistance to Individuals with Disabilities in Reviewing the
Rulemaking Record: On request we will provide an appropriate
accommodation or auxiliary aid to an individual with a disability who
needs assistance to review the comments or other documents in the
public rulemaking record for this notice. If you want to schedule an
appointment for this type of accommodation or auxiliary aid, please
contact the person listed under FOR FURTHER INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT: Lisa Senecal, Information System
Owner, Office of Security, Facilities and Logistics, Office of Finance
and Operations, U.S. Department of Education, 400 Maryland Avenue SW,
Room 224-50, Washington, DC 20202-6110. Telephone: (202) 205-8123.
Email: [email protected].
SUPPLEMENTARY INFORMATION:
Introduction
In support of the Department's COOP, Devolution, Pandemic, and
Reconstitution Plans, as well as day-to-day emergency management
efforts, the ENS provides the Department an emergency alert tool to
communicate, via real-time notifications, pertinent information to
Department employees during emergencies (e.g., severe weather events).
More specifically, the ENS sends a mass message to the email addresses
and phone numbers associated with Department employees located in the
emergency's area. Depending on the alert type, the system can also
solicit a response from recipients to verify their status during an
emergency. In addition, the system can generate reports regarding the
[[Page 19632]]
responses received, which system administrators can monitor in real
time. System administrators can also generate reports on whom alerts
were sent to and when these alerts were sent.
ENS consists of two components: a desktop application accessed by
all users and a browser-based web application accessed by system
administrators. Once ENS is deployed, the desktop application will be
installed on all Government Furnished Equipment (GFE) computers but
will only be accessible to current Department employees.
Accessible Format: On request to the program contact person listed
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities
can obtain this document in an accessible format. The Department will
provide the requestor with an accessible format that may include Rich
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file,
braille, large print, audiotape, compact disc, or other accessible
format.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. You may
access the official edition of the Federal Register and the Code of
Federal Regulations at www.govinfo.gov. At this site you can view this
document, as well as all other documents of this Department published
in the Federal Register, in text or Portable Document Format (PDF). To
use PDF, you must have Adobe Acrobat Reader, which is available free at
the site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at
www.federalregister.gov. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Denise L. Carter,
Acting Assistant Secretary, Office of Finance and Operations.
For the reasons discussed in the preamble, the Acting Assistant
Secretary for the Office of Finance and Operations of the U.S.
Department of Education (Department) publishes a notice of a new system
of records to read as follows:
SYSTEM NAME AND NUMBER:
Emergency Notification System (ENS) (18-03-06).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
U.S. Department of Education, Office of Security, Facilities and
Logistics, Office of Finance and Operations, 400 Maryland Avenue SW,
Washington, DC 20202-6110.
BlackBerry, 2988 Campus Drive, Suite 200, San Mateo, CA 94403.
Blackberry hosts the infrastructure that supports the ENS applications,
as a Software-as-a-Service, including backend application processing
and data hosting.
SYSTEM MANAGER(S):
Lisa Senecal, Information System Owner, Office of Security,
Facilities and Logistics, Office of Finance and Operations, U.S.
Department of Education, 400 Maryland Avenue SW, Room 224-50,
Washington, DC 20202-6110.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Presidential Policy Directive 40, National Continuity Policy (July
15, 2016), Federal Continuity Directive 1, Federal Executive Branch
National Continuity Program and Requirements (January 17, 2017), and
Executive Order 13618 (July 6, 2012), as amended by Executive Order
13961 (December 7, 2020).
PURPOSE(S) OF THE SYSTEM:
The purposes of the ENS are to store and maintain emergency contact
information for current Department employees:
(1) To maintain and implement emergency plans, including Continuity
of Operations and facility evacuation plans; and
(2) To notify, locate, and mobilize individuals as necessary during
emergency or other threatening situations.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current Department employees.
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records in the system are comprised of the
primary contact information for current Department employees, such as
their first name, last name, business phone number, business email
address, and business location, and, where provided by current
Department employees on a voluntarily basis, their alternate contact
information, such as their personal email address and personal phone
number.
RECORD SOURCE CATEGORIES:
Current Department employees, and the Department Active Directory
System.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
The Department may disclose information contained in a record in
this system of records under the routine uses listed in this system of
records without the consent of the individual if the disclosure is
compatible with the purposes for which the record was collected. The
Department may make these disclosures on a case-by-case basis or, if
the Department has complied with the computer matching requirements of
the Privacy Act of 1974, as amended (Privacy Act) (5 U.S.C. 552a),
under a computer matching agreement.
(1) Congressional Member Disclosure. The Department may disclose
the records of an individual to a member of Congress or the member's
staff when necessary to respond to an inquiry from the member made at
the written request of and on behalf of the individual. The member's
right to the information is no greater than the right of the individual
who requested it.
(2) Enforcement Disclosure. In the event that information in this
system of records indicates, either on its face or in connection with
other information, a violation or potential violation of any applicable
statute, regulation, or order of a competent authority, the Department
may disclose the relevant records to the appropriate agency, whether
Federal, State, Tribal, or local, charged with the responsibility of
investigating or prosecuting that violation or charged with enforcing
or implementing the statute, Executive Order, rule, regulation, or
order issued pursuant thereto.
(3) Litigation and Alternative Dispute Resolution (ADR) Disclosure.
(a) Introduction. In the event that one of the following parties
listed in sub-paragraphs (i) through (v) of this routine use is
involved in judicial or administrative litigation or ADR, or has an
interest in judicial or administrative litigation or ADR, the
Department may disclose certain records from this system of records to
the parties described in paragraphs (b), (c), and (d) of this routine
use under the conditions specified in those paragraphs:
(i) The Department or any of its components;
(ii) Any Department employee in their official capacity;
(iii) Any Department employee in their individual capacity where
the U.S. Department of Justice (DOJ) has been requested to or has
agreed to provide or arrange for representation of the employee;
(iv) Any Department employee in their individual capacity when the
[[Page 19633]]
Department has agreed to represent the employee; and
(v) The United States, where the Department determines that the
litigation is likely to affect the Department or any of its components.
(b) Disclosure to DOJ. If the Department determines that disclosure
of certain records to DOJ is relevant and necessary to judicial or
administrative litigation or ADR, the Department may disclose those
records as a routine use to DOJ.
(c) Adjudicative Disclosure. If the Department determines that it
is relevant and necessary to judicial or administrative litigation or
ADR to disclose certain records from this system of records to an
adjudicative body before which the Department is authorized to appear
or to a person or an entity designated by the Department or otherwise
empowered to resolve or mediate disputes, the Department may disclose
those records as a routine use to the adjudicative body, person, or
entity.
(d) Disclosure to Parties, Counsel, Representatives, and Witnesses.
If the Department determines that disclosure of certain records to a
party, counsel, representative, or witness is relevant and necessary to
judicial or administrative litigation or ADR, the Department may
disclose those records as a routine use to the party, counsel,
representative, or witness.
(4) Freedom of Information Act (FOIA) and Privacy Act Advice
Disclosure. The Department may disclose records to DOJ or the Office of
Management and Budget (OMB) if the Department concludes that disclosure
is desirable or necessary in determining whether particular records are
required to be disclosed under the FOIA or the Privacy Act.
(5) Disclosure to DOJ. The Department may disclose records to DOJ
to the extent necessary for obtaining DOJ advice on any matter relevant
to an audit, inspection, or other inquiry related to the programs
covered by this system.
(6) Contract Disclosure. If the Department contracts with an entity
to perform any function that requires disclosing records in this system
to employees of the contractor, the Department may disclose the records
to those employees. As part of such contract, the Department shall
require the contractor to agree to establish and maintain safeguards to
protect the security and confidentiality of the disclosed records.
(7) Employee Grievance, Complaint, or Conduct Disclosure. If a
record is relevant and necessary to a grievance, complaint, or
disciplinary proceeding involving a present or former employee of the
Department, the Department may disclose the record during
investigation, fact-finding, or adjudication to any party to the
grievance, complaint, or action; to the party's counsel or
representative; to a witness; or to a designated factfinder, mediator,
or other person designated to resolve issues or decide the matter.
(8) Labor Organization Disclosure. The Department may disclose a
record to an arbitrator to resolve disputes under a negotiated
grievance procedure or to officials of a labor organization recognized
under 5 U.S.C. chapter 71 when relevant and necessary to their duties
of exclusive representation.
(9) Employment, Benefit, and Contracting Disclosure.
(a) For Decisions by the Department. The Department may disclose a
record from this system of records to a Federal, State, Tribal, or
local agency, or to another public agency or professional organization,
maintaining civil, criminal, or other relevant enforcement or other
pertinent records, if necessary to obtain information relevant to a
Department decision concerning the hiring or retention of an employee
or other personnel action, the issuance of a security clearance, the
letting of a contract, or the issuance of a license, grant, or other
benefit.
(b) For Decisions by Other Public Agencies and Professional
Organizations. The Department may disclose a record to a Federal,
State, Tribal, local, or other public agency or professional
organization, in connection with the hiring or retention of an employee
or other personnel action, the issuance of a security clearance, the
reporting of an investigation of an employee, the letting of a
contract, or the issuance of a license, grant, or other benefit, to the
extent that the record is relevant and necessary to the receiving
entity's decision on the matter.
(10) Disclosure in the Course of Responding to a Breach of Data.
The Department may disclose records from this system of records to
appropriate agencies, entities, and persons when (a) the Department
suspects or has confirmed that there has been a breach of the system of
records; (b) the Department has determined that as a result of the
suspected or confirmed breach there is a risk of harm to individuals,
the Department (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 Department's efforts to
respond to the suspected or confirmed breach or to prevent, minimize,
or remedy such harm.
(11) Disclosure in Assisting Another Agency in Responding to a
Breach of Data. The Department may disclose records from this system of
records to another Federal agency or Federal entity, when the
Department determines that information from this system of records 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, programs, and
operations), the Federal Government, or national security, resulting
from a suspected or confirmed breach.
(12) Disclosure to National Archives and Records Administration
(NARA). The Department may disclose records from this system of records
to NARA for the purpose of records management inspections conducted
under authority of 44 U.S.C. 2904 and 2906.
POLICIES AND PRACTICES FOR STORAGE OR RECORDS:
Records are stored on an encrypted system within a secured and
controlled environment.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by an employee's name only for administrative
purposes to include associating a Department employee to a specific
region or building to receive tailored alerts for their geographic
area.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The records in this system of records will be retained and disposed
of in accordance with NARA General Records Schedule 5.3, Item 020.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
A vendor that is Federal Risk and Authorization Management Program
(FedRAMP) certified hosts the ENS system outside the Department's
network. The Department access and uses this system as a Software as a
Service (SaaS) and requires the vendor to complete routine testing of
its environment to ensure the confidentially, integrity, and
availability of the information in the system and services provided.
The Cloud Service Provider enforces security controls over the physical
facility where the system is hosted in adherence with FedRAMP standards
and provides continuous monitoring reports to the Department.
[[Page 19634]]
The ENS system utilizes role-based authentication to ensure only
authorized users can access information, and they can only access the
information needed to perform their duties. Authentication to the
system is permitted only over secure, encrypted connections.
RECORD ACCESS PROCEDURES:
If you wish to request access to records regarding you in this
system of records, contact the system manager at the address listed
under SYSTEM MANAGER. You must provide necessary particulars such as
your full name, address, and telephone number, and any other
identifying information requested by the Department while processing
the request to distinguish between individuals with the same name. Your
request must meet the requirements of the Department's Privacy Act
regulations in 34 CFR 5b.5, including proof of identity.
CONTESTING RECORD PROCEDURES:
If you wish to contest the content of a record regarding you in
this system of records, contact the system manager at the address
listed under SYSTEM MANAGER. You must provide your full name, address,
and telephone number, and any other identifying information requested
by the Department to distinguish between individuals with the same
name. Your request must also identify the particular record within the
system that you wish to have changed, state whether you seek an
addition to or a deletion or substitution of the record, and explain
the reasons why you wish to have the record changed. Your request must
meet the requirements of the Department's Privacy Act regulations in 34
CFR 5b.7.
NOTIFICATION PROCEDURES:
If you wish to determine whether a record exists regarding you in
this system of records, contact the system manager at the address
listed under SYSTEM MANAGER. You must provide your full name, address,
and telephone number, and any other identifying information requested
by the Department while processing the request to distinguish between
individuals with the same name. Your request must meet the requirements
of the Department's Privacy Act regulations in 34 CFR 5b.5, including
proof of identity.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
[FR Doc. 2023-06871 Filed 3-31-23; 8:45 am]
BILLING CODE 4000-01-P
