Privacy Act of 1974; System of Records, 86891-86893 [2023-27573]

Agencies

• DEPARTMENT OF ENERGY
• Federal Energy Regulatory Commission

[Federal Register Volume 88, Number 240 (Friday, December 15, 2023)]
[Notices]
[Pages 86891-86893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27573]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Privacy Act of 1974; System of Records

AGENCY: Federal Energy Regulatory Commission (FERC), DOE.

ACTION: Notice of a modified system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, all agencies are 
required to publish in the Federal Register a notice of their systems 
of records. Notice is hereby given that the Federal Energy Regulatory 
Commission (FERC) is publishing a notice of modifications to an 
existing FERC system of records titled ``FERC-55 ``Identity, 
Credential, and Access Management Records.''

DATES: Please submit comments on this modified system of records on or 
before January 16, 2024. These new routine uses are effective January 
16, 2024. If no public comment is received during this period or unless 
otherwise published in the Federal Register by FERC, the modified 
system of records will become effective a minimum of 30 days after the 
date of publication in the Federal Register. If FERC receives public 
comments, FERC shall review the comments to determine whether any 
changes to the notice are necessary.

ADDRESSES: Comments may be submitted in writing to Federal Energy 
Regulatory Commission, 888 First Street NE, Washington, DC 20426 or 
electronically to [email protected]. Comments should indicate that they 
are submitted in response to ``Identity, Credential, and Access 
Management Records (FERC-55)''.

FOR FURTHER INFORMATION CONTACT: Mittal Desai, Chief Information 
Officer & Senior Agency Official for Privacy, Office of the Executive 
Director, Federal Energy Regulatory Commission, 888 First Street NE, 
Washington, DC 20426, (202) 502-6432.

SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974, 
and to comply with the Office of Management and Budget (OMB) Memorandum 
M-17-12, Preparing for and Responding to a Breach of Personally 
Identifiable Information, January 3, 2017, this notice has twelve (12) 
new routine uses, including two routine uses that will permit FERC to 
disclose information as necessary in response to an actual or suspected 
breach that pertains to a breach of its own records or to assist 
another agency in its efforts to respond to a breach that was 
previously published separately at 87 FR 35543.
    The following sections have been updated to reflect changes made 
since the publication of the last notice in the Federal Register: 
dates, addresses; for further contact information; system name and 
number; system manager; purpose of the system; categories of

[[Page 86892]]

individuals covered by the system; categories of records in the system; 
record source categories; routine uses of records maintained in the 
system, including categories of users and the purpose of such; policies 
and practices for storage of records; policies and practices for 
retrieval of records; policies and practices for retention and disposal 
of records; administrative, technical, physical safeguards; records 
access procedures; contesting records procedures; notification 
procedures; and history.

SYSTEM NAME AND NUMBER:
    Identity, Credential, and Access Management Records (FERC-55).

SECURITY CLASSIFCATION:
    Unclassified.

SYSTEM LOCATION:
    Federal Energy Regulatory Commission, Office of the Executive 
Director, Chief Security Officer Directorate, Mission Integrity 
Division, 888 First Street NE, Washington, DC 20426.

SYSTEM MANAGER(S):
    Director, Federal Energy Regulatory Commission, Chief Security 
Officer Directorate, Mission Integrity Division, 888 First Street NE, 
Washington, DC 20426, (202) 502-6296.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    44 U.S.C. 3542; 41 CFR 102-74.375, HSPD-12/FIPS 201.

PURPOSE(S) OF THE SYSTEM:
    The purpose of the system is the completion of sponsorship and 
adjudication of individuals, issuance of PIV credentials, identity 
management and logical access.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The following categories of individuals are covered by this system: 
current and former employees, current and former contractors, and 
current and former interns.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records include: individual's full name, current address, date of 
birth, place of birth, work email address, work telephone number, 
government-issued cell number, citizenship, office of assignment, 
digital photograph, digital and/or paper fingerprint images, social 
security number, results of background check, PIV credential number, 
PIV expiration date, and any other information needed to provide or 
deny logical access and to personalize levels of access.

RECORD SOURCE CATEGORIES:
    Records are obtained from the individual to whom the records 
pertain.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, information maintained in this system may 
be disclosed to authorized entities outside FERC for purposes 
determined to be relevant and necessary as a routine use pursuant to 5 
U.S.C. 552a(b)(3) as follows:
    1. To appropriate agencies, entities, and persons when (1) FERC 
suspects or has confirmed that there has been a breach of the system of 
records; (2) FERC 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 (3) the disclosure made 
to such agencies, entities, and persons is reasonably necessary to 
assist in connection with the Commission's efforts to respond to the 
suspected or confirmed breach or to prevent, minimize, or remedy such 
harm.
    2. To another Federal agency or Federal entity, when FERC 
determines that information from this system of records is reasonably 
necessary to assist the recipient agency or entity in (1) responding to 
a suspected or confirmed breach or (2) 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.
    3. To a congressional office from the record of an individual in 
response to an inquiry from that congressional office made at the 
request of that individual.
    4. To the Equal Employment Opportunity Commission (EEOC) when 
requested in connection with investigations of alleged or possible 
discriminatory practices, examination of Federal affirmative employment 
programs, or other functions of the Commission as authorized by law or 
regulation.
    5. To the Federal Labor Relations Authority or its General Counsel 
when requested in connection with investigations of allegations of 
unfair labor practices or matters before the Federal Service Impasses 
Panel.
    6. To disclose information to another Federal agency, to a court, 
or a party in litigation before a court or in an administrative 
proceeding being conducted by a Federal agency, when the Government is 
a party to the judicial or administrative proceeding. In those cases 
where the Government is not a party to the proceeding, records may be 
disclosed if a subpoena has been signed by a judge.
    7. To the Department of Justice (DOJ) for its use in providing 
legal advice to FERC or in representing FERC in a proceeding before a 
court, adjudicative body, or other administrative body, where the use 
of such information by the DOJ is deemed by FERC to be relevant and 
necessary to the advice or proceeding, and such proceeding names as a 
party in interest: (a) FERC; (b) any employee of FERC in his or her 
official capacity; (c) any employee of FERC in his or her individual 
capacity where DOJ has agreed to represent the employee; or (d) the 
United States, where FERC determines that litigation is likely to 
affect FERC or any of its components.
    8. To non-Federal Personnel, such as contractors, agents, or other 
authorized individuals performing work on a contract, service, 
cooperative agreement, job, or other activity on behalf of FERC or 
Federal Government and who have a need to access the information in the 
performance of their duties or activities.
    9. To the National Archives and Records Administration in records 
management inspections and its role as Archivist.
    10. To the Merit Systems Protection Board or the Board's Office of 
the Special Counsel, when relevant information is requested in 
connection with appeals, special studies of the civil service and other 
merit systems, review of OPM rules and regulations, and investigations 
of alleged or possible prohibited personnel practices.
    11. To appropriate Federal, State, or local agency responsible for 
investigating, prosecuting, enforcing, or implementing a statute, rule, 
regulation, or order, if the information may be relevant to a potential 
violation of civil or criminal law, rule, regulation, order.
    12. To appropriate agencies, entities, and person(s) that are a 
party to a dispute, when FERC determines that information from this 
system of records is reasonably necessary for the recipient to assist 
with the resolution of the dispute; the name, address, telephone 
number, email address, and affiliation; of the agency, entity, and/or 
person(s) seeking and/or participating in dispute resolution services, 
where appropriate.
    13. To sponsors, employers, contractors, facility operators, 
grantees, experts, fiscal agents, and consultants in connection with 
establishing an access

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account for an individual or maintaining appropriate points of contact.
    14. To FERC officials to serve as a data source in determining 
appropriate logical access to FERC networks.
    15. To the news media and the public, with the approval of the 
Senior Agency Official for Privacy, or their designee, in consultation 
with counsel, when there exists a legitimate public interest in the 
disclosure of the information or when disclosure is necessary to 
preserve confidence in the integrity of FERC or is necessary to 
demonstrate the accountability of FERC's officers, employees, or 
individuals covered by the system, except to the extent it is 
determined that release of the specific information in the context of a 
particular case would constitute an unwarranted invasion of personal 
privacy.
    16. To contractors, grantees, experts, consultants, detailees, and 
other no-FERC employees performing or working on a contract, service, 
grant cooperative agreement, or other assignment from the Federal 
government, when necessary to accomplish an agency function related to 
this system of records.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Electronic records are stored on a shared drive within FERC's 
network. Some electronic records are also stored in the sponsorship or 
vendor portal. Access to electronic records is controlled by User ID 
and password combination and/or the organizations Single Sign-On and 
Multi-Factor Authentication solution. Access to electronic records is 
restricted to those individuals whose official duties require access.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by last name and date of birth or social 
security number and date of birth. Records may also be retrieved by an 
identification number assigned to a computer; name; or email address.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are retained and disposed of in accordance with the 
schedule approved under the National Archives and Records 
Administration's General Records Schedule 5.6: Security Management 
Records; Disposition Authority: DAA-GRS-2021-0001-0005. Temporary. 
Destroy six (6) years after the end of an employee or contractor's 
tenure, but longer retention is authorized if required for business 
use.

ADMINISTRATIVE. TECHNICAL, AND PHYSICAL SAFEGUARDS:
    See Policies and Practices for Storage of Records.

RECORD ACCESS PROCEDURES:
    Individuals requesting access to the contents of records must 
submit a request through the Freedom of Information Act (FOIA) office. 
The FOIA website is located at: https://www.ferc.gov/foia. Requests may 
be submitted through the following portal: https://www.ferc.gov/enforcement-legal/foia/electronic-foia-privacy-act-request-form. 
Written requests for access to records should be directed to: Director, 
Office of External Affair, Federal Energy Regulatory Commission, 888 
First Street NE, Washington, DC 20426.

CONTESTING RECORD PROCEDURES:
    See Record Access Procedures.

NOTIFICATION PROCEDURES:
    Generalized notice is provided by the publication of this notice. 
For specific notice, see Records Access Procedure, above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    70 FR 61612.

    Dated: December 11, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-27573 Filed 12-14-23; 8:45 am]
BILLING CODE 6717-01-P