Privacy Act of 1974; System of Records., 72073-72076 [2023-23103]
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Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Notices
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
compromise 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 Related to Breaches—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.
11. Non-Federal Personnel—To
disclose information to non-Federal
personnel, including contractors, other
vendors (e.g., identity verification
services), grantees, and volunteers who
have been engaged to assist the FCC in
the performance of a 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.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
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Information in this information
system consists of:
1. Electronic records, files, and data
are stored in the FCC’s computer
network databases, at headquarters; and
2. Paper records, documents, and files
are stored in filing cabinets in the EB
office suites at headquarters and in field
offices (on an ad hoc, temporary basis
when needed to resolve enforcement
cases in their jurisdictions as needed for
limited periods).
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
1. Information in the electronic
database information can be retrieved by
the name(s) of the individual(s) who
filed the complaint(s), the individual
who is subject of the complaint, and by
a unique file number assigned to each
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type of activity conducted by the
Bureau, e.g., internal initiative
investigations, complaint investigations,
cases, market dispute mediations,
formal adjudications, hearings, due
diligence requests, etc.
2. Information in the central files,
which includes, but is not limited to,
paper documents, records, and files,
includes all the other information
pertaining to these internal initiative
investigations, complainant
investigations, and/or cases. This
information may include, but is not
limited to, name, address, and
telephone number, and is maintained
for reference and archival purposes.
This information is retrieved by a
unique identification file number
assigned to each internal initiative
investigation, complainant
investigation, and/or case.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
The information in this electronic
system is maintained and disposed of in
accordance with the National Archives
and Records Administration (NARA)
General Records Schedule No. DAA–
0173–2014–0002–0002.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
The electronic records, data, and files
are maintained in the FCC computer
network databases at headquarters,
which 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 Standard and
Technology (NIST) and the Federal
Information Security Modernization Act
of 2014 (FISMA). The paper documents
and files are maintained in file cabinets
in ‘‘non-public’’ rooms in the EB office
suite at headquarters and in field
offices. The file cabinets are locked at
the end of the business day. Access to
the EB offices at both headquarters and
field offices is via a key and card-coded
door.
Authorized EB supervisors and staff
have access to the information in both
the electronic files databases and paper
document files, and IT contractors, who
maintain these electronic files
databases, also have access to them.
Other FCC employees, interns, and
contractors may be granted access to the
information in the electronic and paper
formats only on a ‘‘need-to-know’’ basis.
RECORD ACCESS PROCEDURES:
Under the authority granted to heads
of agencies by 5 U.S.C. 552a(k), the FCC
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72073
has determined that this system of
records is exempt from providing record
access procedures for this system of
records, 47 CFR 0.561.
CONTESTING RECORD PROCEDURES:
Under the authority granted to heads
of agencies by 5 U.S.C. 552a (k), the FCC
has determined that this system of
records is exempt from providing
contesting record procedures for this
system of records, 47 CFR 0.561.
NOTIFICATION PROCEDURES:
Under the authority granted to heads
of agencies by 5 U.S.C. 552a(k), the FCC
has determined that this system of
records is exempt from providing
notification procedures for this system
of records. 47 CFR 0.561.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
This system of records is exempt from
sections (c)(3), (d), (e)(1), (e)(4)(G), (H),
and (I), and (f) of the Privacy Act of
1974, and from 47 CFR 0.554–0.557 of
the Commission’s rules. These
provisions concern the notification,
record access, and contesting
procedures described above, and also
the publication of record sources. The
system is exempt from these provisions
because it contains investigative
material compiled for law enforcement
purposes as defined in Section (k) of the
Privacy Act.
HISTORY:
(88 FR 42364) (June 30, 2023).
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2023–23101 Filed 10–18–23; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[FR ID: 179693]
Privacy Act of 1974; System of
Records.
Federal Communications
Commission.
ACTION: Notice of a modified system of
records.
AGENCY:
The Federal Communications
Commission (FCC, Commission, or
Agency) proposes to modify an existing
system of records, FCC/WTB–6,
Archival Radio Operator Records,
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
SUMMARY:
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Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Notices
Commission uses this system to
administer the Commission’s radio
operator program including applications
and determinations of license applicant
qualifications, and to refer possible
violations of law to the appropriate
office within the Commission and to the
appropriate agency outside the
Commission. This modification makes
various necessary changes and updates,
including formatting changes required
by the Office of Management and
Budget (OMB) Circular A–108 since its
previous publication, the addition of
new routine uses, as well as the revision
and deletion of existing routine uses.
DATES: This modified system of records
will become effective on October 19,
2023. Written comments on the routine
uses are due by November 20, 2023. The
routine uses in this action will become
effective on November 20, 2023 unless
comments are received that require a
contrary determination.
ADDRESSES: Send comments to
Katherine C. Clark, Federal
Communications Commission (FCC), 45
L Street NE, Washington, DC 20554, or
to privacy@fcc.gov.
FOR FURTHER INFORMATION CONTACT:
Katherine C. Clark, (202) 418–1773, or
privacy@fcc.gov (and to obtain a copy of
the Narrative Statement and the
Supplementary Document, which
includes details of the modifications to
this system of records).
SUPPLEMENTARY INFORMATION: This
notice serves to update and modify
FCC/WTB–6, as a result of various
necessary changes and updates. The
substantive changes and modifications
to the previously published version of
the FCC/WTB–6 system of records
include:
1. Updating the language in the
Security Classification to follow OMB
guidance.
2. Updating the language in the
Purposes section to be consistent with
the language and phrasing currently
used in the FCC’s SORNs.
3. Modifying the language in the
Categories of Individuals and Categories
of Records to be consistent with the
language and phrasing currently used in
the FCC’s SORNs.
4. Deleting two routine uses (listed by
former routine use number) (2)
Employment, Clearances, Licensing,
Contract, Grant, or other Benefits
Decisions by the agency; and (3)
Employment, Clearances, Licensing,
Contract, Grant, or other Benefits
Decisions by other than the agency—
neither of which reflects how the FCC
has used or disclosed records from this
system.
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5. Updating and/or revising language
in the following routine uses (listed by
current routine use number): (1) Public
Access; (2) Litigation and Adjudication
which is now two separate routine
uses—(2) Litigation and (3)
Adjudication; (5) Law Enforcement and
Investigation; (6) Congressional
Inquiries; and (7) Government-wide
Program Management and Oversight.
6. Adding the following new routine
uses (listed by current routine use
number): (4) FCC Enforcement Actions;
(8) Breach Notification, the addition of
which is as required by OMB
Memorandum No. M–17–12; (11)
Assistance to Federal Agencies and
Entities Related to Breaches, the
addition of which is required by OMB
Memorandum No. M–17–12; and (10)
Non-Federal Personnel to allow
contractors, vendors, grantees, or
volunteers performing or working on a
contract, grant, or cooperative
agreement for the Federal Government
to have access to needed information.
7. Updating the SORN to include the
records schedule N1–173–94–002,
‘‘Wireless Telecommunications
Bureau—Licensing Division Records.’’
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 and retrieval of the
information; administrative, technical,
and physical safeguards; and updated
notification, records access, and
contesting records procedures.
SYSTEM NAME AND NUMBER:
FCC/WTB–6, Archival Radio Operator
Records.
SECURITY CLASSIFICATION:
No information in the system is
classified.
SYSTEM LOCATION:
Wireless Telecommunications
Bureau, FCC, 1270 Fairfield Road,
Gettysburg, Pennsylvania 17325.
SYSTEM MANAGER(S):
Chief, Technologies Systems and
Innovation Division, Wireless
Telecommunications Bureau, FCC, 1270
Fairfield Road, Gettysburg, PA 17325.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
47 U.S.C. 303(l), 303(m), and 318.
PURPOSE(S) OF THE SYSTEM:
WTB uses the information in this
information system for purposes that
include, but are not limited to:
1. To administer the Commission’s
radio operator program including
applications and determinations of
license applicant qualifications.
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2. To enforce the Communications
Act, as amended, FCC regulations, other
FCC requirements or orders, other
statutes and regulations subject to the
FCC’s jurisdiction, and/or international
treaties (Rules and Regulations), and
refer possible violations to the FCC’s
Enforcement Bureau, OGC, and/or to the
appropriate agency charged with the
responsibility of investigating or
prosecuting such violation(s).
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
The categories of individuals whose
records are maintained in this system
include, but are not limited to.
individuals who applied for and/or
received a radiotelephone (wireless)
operator license or permit prior to the
implementation of the Federal
Communications Commission’s
Universal Licensing System (ULS) in
2001.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records in this system include,
but are not limited to:
1. Applications for radiotelephone
(wireless) operator’s license or permit
prior to the implementation of the FCC’s
Universal Licensing System in 2001;
and
2. Documents associated with these
applications.
RECORD SOURCE CATEGORIES:
Under the authority granted to heads
of agencies by 5 U.S.C. 552a(k), the FCC
has determined (47 CFR 0.561) that this
system of records is exempt from
disclosing its record sources for this
system of records.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information about individuals in this
system of records may routinely be
disclosed under the following
conditions:
1. Public Access—the licensee records
will routinely be made publicly
available; ITIN Numbers and material
which is afforded confidential treatment
pursuant to a request made under 47
CFR 0.459 will not be available for
public inspection. Names and other
information about individuals subject to
investigations or similar actions may be
disclosed to the public in Commission
releases, including Notices of Apparent
Liability, Forfeiture Orders, Consent
Agreements, Notice Letters, or all other
actions released by a Bureau or the
Commission as part of their duties to
enforce FCC Rules and Regulations.
2. Litigation—To disclose records to
the Department of Justice (DOJ) when:
(a) the FCC or any component thereof;
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Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Notices
(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 the DOJ or the FCC has
agreed to represent the employee; or (d)
the United States Government is a party
to litigation or has an interest in such
litigation, and by careful review, the
FCC determines that the records are
both relevant and necessary to the
litigation, and the use of such records by
the Department of Justice is for a
purpose that is compatible with the
purpose for which the FCC collected the
records.
3. Adjudication—To disclose records
in a proceeding before a court or
adjudicative body, 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; or (d) the United States
Government, is a party to litigation or
has an interest in such litigation, and by
careful review, the FCC determines that
the records are both relevant and
necessary to the litigation, and that the
use of such records is for a purpose that
is compatible with the purpose for
which the agency collected the records.
4. FCC Enforcement Actions—When a
record in this system involves an
informal complaint filed alleging a
violation of FCC Rules and Regulations
by an applicant, licensee, certified or
regulated entity, or an unlicensed
person or entity, the complaint may be
provided to the alleged violator for a
response. Where a complainant in filing
his or her complaint explicitly requests
confidentiality of his or her name from
public disclosure, the Commission will
endeavor to protect such information
from public disclosure. Complaints that
contain requests for confidentiality may
be dismissed if the Commission
determines that the request impedes the
Commission’s ability to investigate and/
or resolve the complaint.
5. Law Enforcement and
Investigation—When the FCC
investigates any violation or potential
violation of a civil or criminal law,
regulation, policy, executed consent
decree, order, or any other type of
compulsory obligation, to disclose
pertinent information as it deems
necessary with the target of an
investigation, as well as with
appropriate Federal, State, local, Tribal,
international, or multinational agencies,
or a component of such an agency,
responsible for investigating,
prosecuting, enforcing, or implementing
a statute, rule, regulation, or order.
6. Congressional Inquiries—To
provide information to a Congressional
office from the record of an individual
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in response to an inquiry from that
Congressional office made at the written
request of that individual.
7. Government-wide Program
Management and Oversight—To DOJ to
obtain that Department’s advice
regarding disclosure obligations under
the Freedom of Information Act (FOIA);
or to OMB to obtain that office’s advice
regarding obligations under the Privacy
Act.
8. 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
compromise 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.
9. Assistance to Federal Agencies and
Entities Related to Breaches—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.
10. Non-Federal Personnel—To
disclose information to non-Federal
personnel, including contractors, other
vendors (e.g., identity verification
services), grantees, and 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.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
These are microfiche files that are
maintained in the FCC’s Gettysburg
Office, 1270 Fairfield Road, Gettysburg,
PA 17325.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
All records are retrievable by
applicant name and the issue date of the
FCC License.
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72075
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
The information in this system is
maintained and disposed of in
accordance with the National Archives
and Records Administration (NARA)
Records Schedule No. N1–173–94–002,
‘‘Wireless Telecommunications
Bureau—Licensing Division Records.’’
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
The microfiche files are securely
maintained in the FCC’s Gettysburg
office. Access to the microfiche files is
restricted to authorized employees and
contractors maintaining these files;
other employees and contractors may be
granted access on a need-to-know basis.
The microfiche are stored in locked file
cabinets that are secured at the close of
the business day. The security protocols
and features are designed to meet all
Federal privacy standards, including
those required by the Federal
Information Security Modernization Act
of 2014 (FISMA), OMB, and the
National Institute of Standards and
Technology (NIST).
RECORD ACCESS PROCEDURES:
Under the authority granted to heads
of agencies by 5 U.S.C. 552a(k), the FCC
has determined (47 CFR 0.561) that this
system of records is exempt from
disclosing its record access procedures
for this system of records.
CONTESTING RECORD PROCEDURES:
Under the authority granted to heads
of agencies by 5 U.S.C. 552a(k), the FCC
has determined (47 CFR 0.561) that this
system of records is exempt from
disclosing its contesting record
procedures for this system of records.
NOTIFICATION PROCEDURES:
Under the authority granted to heads
of agencies by 5 U.S.C. 552a(k), the FCC
has determined (47 CFR 0.561) that this
system of records is exempt from
disclosing its notification procedure for
this system of records.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
This system of records is exempt from
sections (c)(3), (d), (e)(4)(G), (H), and (I),
and (f) of the Privacy Act of 1974, 5
U.S.C. 552a, and from 47 CFR 0.554
through 0.557 of the Commission’s
rules. These provisions concern the
notification, record access, and
contesting procedures described above,
and also the publication of record
sources. The system is exempt from
these provisions because it contains
investigative material compiled for law
enforcement purposes as defined in
Section (k)(2) of the Privacy Act.
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72076
Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Notices
HISTORY:
comment on the renewal of the existing
information collections described below
(OMB Control No. 3064–0083; –0182
and –0198).
DATES: Comments must be submitted on
or before December 18, 2023.
ADDRESSES: Interested parties are
invited to submit written comments to
the FDIC by any of the following
methods:
• Agency Website: https://
www.fdic.gov/resources/regulations/
federal-register-publications/.
• Email: comments@fdic.gov. Include
the name and number of the collection
in the subject line of the message.
• Mail: Manny Cabeza (202–898–
3767), Regulatory Counsel, MB–3128,
Federal Deposit Insurance Corporation,
550 17th Street NW, Washington, DC
20429.
• Hand Delivery: Comments may be
hand-delivered to the guard station at
the rear of the 17th Street NW building
(located on F Street NW), on business
days between 7 a.m. and 5 p.m.
71 FR 17272 (April 5, 2006).
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2023–23103 Filed 10–18–23; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL DEPOSIT INSURANCE
CORPORATION
[OMB No. 3064–0083; –0182; –0198]
Agency Information Collection
Activities: Proposed Collection
Renewal; Comment Request
Federal Deposit Insurance
Corporation (FDIC).
ACTION: Notice and request for comment.
AGENCY:
The FDIC, as part of its
obligations under the Paperwork
Reduction Act of 1995 (PRA), invites the
general public and other Federal
agencies to take this opportunity to
SUMMARY:
All comments should refer to the
relevant OMB control number. A copy
of the comments may also be submitted
to the OMB desk officer for the FDIC:
Office of Information and Regulatory
Affairs, Office of Management and
Budget, New Executive Office Building,
Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT:
Manny Cabeza, Regulatory Counsel,
202–898–3767, mcabeza@fdic.gov, MB–
3128, Federal Deposit Insurance
Corporation, 550 17th Street NW,
Washington, DC 20429.
SUPPLEMENTARY INFORMATION:
Proposal to renew the following
currently approved collection of
information:
1. Title: Recordkeeping and
Disclosure Requirements in Connection
with Regulation M (Consumer Leasing).
OMB Number: 3064–0083.
Affected Public: State nonmember
banks and state savings associations
engaging in consumer leasing.
Burden Estimate:
SUMMARY OF ESTIMATED ANNUAL BURDEN
[OMB No. 3064–0083]
Number of
responses per
respondent
Number of
respondents
Time per
response
(HH:MM)
Information collection
(obligation to respond)
Type of burden
(frequency of response)
Annual burden
(hours)
Recordkeeping Requirements in
Connection with Regulation M
(Consumer Leasing), 12 CFR
1013.8.
Third-Party Disclosure Requirements
in Connection with Regulation M
(Consumer Leasing), 12 CFR
1013.3.
Recordkeeping (On occasion) .........
17
100
00:22.5
638
Third-Party Disclosure (On occasion).
17
100
00:22.5
638
Total Annual Burden (Hours) .....
...........................................................
........................
........................
........................
1,276
Source: FDIC.
General Description of Collection:
Regulation M (12 CFR 1013), issued by
the Bureau of Consumer Financial
Protection, implements the consumer
leasing provisions of the Truth in
Lending Act. Regulation M requires
lessors of personal property to provide
consumers with meaningful disclosures
about the costs and terms of the leases
2. Title: Retail Foreign Exchange
Transactions.
OMB Number: 3064–0182.
Forms: None.
Affected Public: Insured state
nonmember banks and state savings
associations.
Burden Estimate:
for personal property. Lessors are
required to retain evidence of
compliance with Regulation M for
twenty-four months. There is no change
in the methodology or substance of this
information collection. The change in
burden is due solely to the decrease in
the estimated number of respondents
from 19 in 2021 to 17.
SUMMARY OF ESTIMATED ANNUAL BURDEN
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[OMB No. 3064–0182]
Number of
responses per
respondent
Type of burden
(frequency of response)
1. Recordkeeping Requirements, 12
CFR 349.19, 12 CFR
349.21(b)(2), 12 CFR 349.25(a)
(Mandatory).
2. Reporting Requirements, 12 CFR
349.16 (Mandatory).
Recordkeeping (Annual) ..................
1
1
1,332:00
1,332
Reporting (Annual) ...........................
1
1
16:00
16
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Number of
respondents
Time per
response
(HH:MM)
Information collection
(obligation to respond)
Sfmt 4703
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Annual burden
(hours)
]]>Agencies
[Federal Register Volume 88, Number 201 (Thursday, October 19, 2023)]
[Notices]
[Pages 72073-72076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23103]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[FR ID: 179693]
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, Commission, or
Agency) proposes to modify an existing system of records, FCC/WTB-6,
Archival Radio Operator Records, 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
[[Page 72074]]
Commission uses this system to administer the Commission's radio
operator program including applications and determinations of license
applicant qualifications, and to refer possible violations of law to
the appropriate office within the Commission and to the appropriate
agency outside the Commission. This modification makes various
necessary changes and updates, including formatting changes required by
the Office of Management and Budget (OMB) Circular A-108 since its
previous publication, the addition of new routine uses, as well as the
revision and deletion of existing routine uses.
DATES: This modified system of records will become effective on October
19, 2023. Written comments on the routine uses are due by November 20,
2023. The routine uses in this action will become effective on November
20, 2023 unless comments are received that require a contrary
determination.
ADDRESSES: Send comments to Katherine C. Clark, Federal Communications
Commission (FCC), 45 L Street NE, Washington, DC 20554, or to
[email protected].
FOR FURTHER INFORMATION CONTACT: Katherine C. Clark, (202) 418-1773, or
[email protected] (and to obtain a copy of the Narrative Statement and
the Supplementary Document, which includes details of the modifications
to this system of records).
SUPPLEMENTARY INFORMATION: This notice serves to update and modify FCC/
WTB-6, as a result of various necessary changes and updates. The
substantive changes and modifications to the previously published
version of the FCC/WTB-6 system of records include:
1. Updating the language in the Security Classification to follow
OMB guidance.
2. Updating the language in the Purposes section to be consistent
with the language and phrasing currently used in the FCC's SORNs.
3. Modifying the language in the Categories of Individuals and
Categories of Records to be consistent with the language and phrasing
currently used in the FCC's SORNs.
4. Deleting two routine uses (listed by former routine use number)
(2) Employment, Clearances, Licensing, Contract, Grant, or other
Benefits Decisions by the agency; and (3) Employment, Clearances,
Licensing, Contract, Grant, or other Benefits Decisions by other than
the agency--neither of which reflects how the FCC has used or disclosed
records from this system.
5. Updating and/or revising language in the following routine uses
(listed by current routine use number): (1) Public Access; (2)
Litigation and Adjudication which is now two separate routine uses--(2)
Litigation and (3) Adjudication; (5) Law Enforcement and Investigation;
(6) Congressional Inquiries; and (7) Government-wide Program Management
and Oversight.
6. Adding the following new routine uses (listed by current routine
use number): (4) FCC Enforcement Actions; (8) Breach Notification, the
addition of which is as required by OMB Memorandum No. M-17-12; (11)
Assistance to Federal Agencies and Entities Related to Breaches, the
addition of which is required by OMB Memorandum No. M-17-12; and (10)
Non-Federal Personnel to allow contractors, vendors, grantees, or
volunteers performing or working on a contract, grant, or cooperative
agreement for the Federal Government to have access to needed
information.
7. Updating the SORN to include the records schedule N1-173-94-002,
``Wireless Telecommunications Bureau--Licensing Division Records.''
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 and retrieval of the
information; administrative, technical, and physical safeguards; and
updated notification, records access, and contesting records
procedures.
SYSTEM NAME AND NUMBER:
FCC/WTB-6, Archival Radio Operator Records.
SECURITY CLASSIFICATION:
No information in the system is classified.
SYSTEM LOCATION:
Wireless Telecommunications Bureau, FCC, 1270 Fairfield Road,
Gettysburg, Pennsylvania 17325.
SYSTEM MANAGER(S):
Chief, Technologies Systems and Innovation Division, Wireless
Telecommunications Bureau, FCC, 1270 Fairfield Road, Gettysburg, PA
17325.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
47 U.S.C. 303(l), 303(m), and 318.
PURPOSE(S) OF THE SYSTEM:
WTB uses the information in this information system for purposes
that include, but are not limited to:
1. To administer the Commission's radio operator program including
applications and determinations of license applicant qualifications.
2. To enforce the Communications Act, as amended, FCC regulations,
other FCC requirements or orders, other statutes and regulations
subject to the FCC's jurisdiction, and/or international treaties (Rules
and Regulations), and refer possible violations to the FCC's
Enforcement Bureau, OGC, and/or to the appropriate agency charged with
the responsibility of investigating or prosecuting such violation(s).
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The categories of individuals whose records are maintained in this
system include, but are not limited to. individuals who applied for
and/or received a radiotelephone (wireless) operator license or permit
prior to the implementation of the Federal Communications Commission's
Universal Licensing System (ULS) in 2001.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records in this system include, but are not limited to:
1. Applications for radiotelephone (wireless) operator's license or
permit prior to the implementation of the FCC's Universal Licensing
System in 2001; and
2. Documents associated with these applications.
RECORD SOURCE CATEGORIES:
Under the authority granted to heads of agencies by 5 U.S.C.
552a(k), the FCC has determined (47 CFR 0.561) that this system of
records is exempt from disclosing its record sources for this system of
records.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Information about individuals in this system of records may
routinely be disclosed under the following conditions:
1. Public Access--the licensee records will routinely be made
publicly available; ITIN Numbers and material which is afforded
confidential treatment pursuant to a request made under 47 CFR 0.459
will not be available for public inspection. Names and other
information about individuals subject to investigations or similar
actions may be disclosed to the public in Commission releases,
including Notices of Apparent Liability, Forfeiture Orders, Consent
Agreements, Notice Letters, or all other actions released by a Bureau
or the Commission as part of their duties to enforce FCC Rules and
Regulations.
2. Litigation--To disclose records to the Department of Justice
(DOJ) when: (a) the FCC or any component thereof;
[[Page 72075]]
(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 the DOJ or
the FCC has agreed to represent the employee; or (d) the United States
Government is a party to litigation or has an interest in such
litigation, and by careful review, the FCC determines that the records
are both relevant and necessary to the litigation, and the use of such
records by the Department of Justice is for a purpose that is
compatible with the purpose for which the FCC collected the records.
3. Adjudication--To disclose records in a proceeding before a court
or adjudicative body, 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; or (d) the
United States Government, is a party to litigation or has an interest
in such litigation, and by careful review, the FCC determines that the
records are both relevant and necessary to the litigation, and that the
use of such records is for a purpose that is compatible with the
purpose for which the agency collected the records.
4. FCC Enforcement Actions--When a record in this system involves
an informal complaint filed alleging a violation of FCC Rules and
Regulations by an applicant, licensee, certified or regulated entity,
or an unlicensed person or entity, the complaint may be provided to the
alleged violator for a response. Where a complainant in filing his or
her complaint explicitly requests confidentiality of his or her name
from public disclosure, the Commission will endeavor to protect such
information from public disclosure. Complaints that contain requests
for confidentiality may be dismissed if the Commission determines that
the request impedes the Commission's ability to investigate and/or
resolve the complaint.
5. Law Enforcement and Investigation--When the FCC investigates any
violation or potential violation of a civil or criminal law,
regulation, policy, executed consent decree, order, or any other type
of compulsory obligation, to disclose pertinent information as it deems
necessary with the target of an investigation, as well as with
appropriate Federal, State, local, Tribal, international, or
multinational agencies, or a component of such an agency, responsible
for investigating, prosecuting, enforcing, or implementing a statute,
rule, regulation, or order.
6. 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.
7. Government-wide Program Management and Oversight--To DOJ to
obtain that Department's advice regarding disclosure obligations under
the Freedom of Information Act (FOIA); or to OMB to obtain that
office's advice regarding obligations under the Privacy Act.
8. 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 compromise
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.
9. Assistance to Federal Agencies and Entities Related to
Breaches--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.
10. Non-Federal Personnel--To disclose information to non-Federal
personnel, including contractors, other vendors (e.g., identity
verification services), grantees, and 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.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
These are microfiche files that are maintained in the FCC's
Gettysburg Office, 1270 Fairfield Road, Gettysburg, PA 17325.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
All records are retrievable by applicant name and the issue date of
the FCC License.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The information in this system is maintained and disposed of in
accordance with the National Archives and Records Administration (NARA)
Records Schedule No. N1-173-94-002, ``Wireless Telecommunications
Bureau--Licensing Division Records.''
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
The microfiche files are securely maintained in the FCC's
Gettysburg office. Access to the microfiche files is restricted to
authorized employees and contractors maintaining these files; other
employees and contractors may be granted access on a need-to-know
basis. The microfiche are stored in locked file cabinets that are
secured at the close of the business day. The security protocols and
features are designed to meet all Federal privacy standards, including
those required by the Federal Information Security Modernization Act of
2014 (FISMA), OMB, and the National Institute of Standards and
Technology (NIST).
RECORD ACCESS PROCEDURES:
Under the authority granted to heads of agencies by 5 U.S.C.
552a(k), the FCC has determined (47 CFR 0.561) that this system of
records is exempt from disclosing its record access procedures for this
system of records.
CONTESTING RECORD PROCEDURES:
Under the authority granted to heads of agencies by 5 U.S.C.
552a(k), the FCC has determined (47 CFR 0.561) that this system of
records is exempt from disclosing its contesting record procedures for
this system of records.
NOTIFICATION PROCEDURES:
Under the authority granted to heads of agencies by 5 U.S.C.
552a(k), the FCC has determined (47 CFR 0.561) that this system of
records is exempt from disclosing its notification procedure for this
system of records.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
This system of records is exempt from sections (c)(3), (d),
(e)(4)(G), (H), and (I), and (f) of the Privacy Act of 1974, 5 U.S.C.
552a, and from 47 CFR 0.554 through 0.557 of the Commission's rules.
These provisions concern the notification, record access, and
contesting procedures described above, and also the publication of
record sources. The system is exempt from these provisions because it
contains investigative material compiled for law enforcement purposes
as defined in Section (k)(2) of the Privacy Act.
[[Page 72076]]
HISTORY:
71 FR 17272 (April 5, 2006).
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2023-23103 Filed 10-18-23; 8:45 am]
BILLING CODE 6712-01-P
