Privacy Act of 1974; System of Records, 90186-90188 [2023-28751]
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90186
Federal Register / Vol. 88, No. 249 / Friday, December 29, 2023 / Notices
FEDERAL COMMUNICATIONS
COMMISSION
[FR ID: 194270]
Privacy Act of 1974; System of
Records
Federal Communications
Commission.
ACTION: Notice of a modified system of
records.
AGENCY:
The Federal Communications
Commission (FCC or Commission or
Agency) has modified an existing
system of records, FCC/OMD–18,
Telephone Call Details, subject to the
Privacy Act of 1974, as amended. This
action is necessary to meet the
requirements of the Privacy Act to
publish in the Federal Register notice of
the existence and character of records
maintained by the agency. The FCC’s
Office of the Managing Director (OMD)
will use a vendor-provided management
solution to maintain information
associated with the FCC’s wireless
communications equipment, functions,
and services. 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, and the revision
of existing routine uses.
DATES: This modified system of records
will become effective on December 29,
2023. Written comments on the routine
uses are due by January 29, 2024. The
routine uses in this action will become
effective on January 29, 2024] unless
comments are received that require a
contrary determination.
ADDRESSES: Send comments to Brendan
McTaggart, Attorney-Advisor, Office of
General Counsel, Federal
Communications Commission, 45 L
Street NE, Washington, DC 20554, or to
privacy@fcc.gov.
FOR FURTHER INFORMATION CONTACT:
Brendan McTaggart, (202) 418–1738, 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: As
required by the Privacy Act of 1974, as
amended, 5 U.S.C. 552a(e)(4) and
(e)(11), this document sets forth notice
of the proposed modification of a
system of records maintained by the
FCC. The FCC previously provided
notice of the system of records FCC/
OMD–18 by publication in the Federal
Register on March 10, 2017 (82 FR
13348). This notice serves to modify
FCC/OMD–18 to make various
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SUMMARY:
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necessary changes and updates,
including renaming and clarifying the
purpose of the system, making
formatting changes required by OMB
Circular A–108, and revising existing
routine uses. The substantive changes
and modifications to the previously
published version of the FCC/OMD–18
system of records include:
1. Narrowing the scope of the SORN
and renaming the system of records to
reflect that only information about FCC
employee wireless communications
equipment, functions, and services is
maintained in this system.
2. Updating the system’s description
to reflect the transition to a vendorprovided solution;
3. Modifying the language in the
Categories of Individuals and Categories
of Records to reflect changes to the
system;
4. Updating and/or revising language
in the following routine uses (listed by
current routine use number): the former
Litigation and Adjudication routine use
has been modified into two revised
routine uses—(1) Litigation, and (2)
Adjudication; (3) Law Enforcement and
Investigation; (4) Congressional
Inquiries; (5) Government-wide Program
Management and Oversight; (9)
Communications Providers; and (10)
Non-Federal Personnel.
5. Deleting two routine uses (listed by
former routine use number), which no
longer reflect uses or disclosures of
records from this system: (5)
Employment, Clearances, Licensing,
Contract, Grant, or other Benefits
Decisions by the Agency; and (6)
Employment, Clearances, Licensing,
Contract, Grant, or other Benefits
Decisions by Other than the Agency
6. Updating the existing records
retention and disposal schedule with a
new records schedule: National
Archives and Records Administration
(NARA) General Records Schedule 5.5:
‘‘Mail, Printing, and
Telecommunication Service
Management Records.’’
The system of records is also revised
for clarity and 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/OMD–18, FCC Wireless
Communications Information.
SECURITY CLASSIFICATION:
No information in the system is
classified.
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SYSTEM LOCATION:
Information Technology (IT), Office of
the Managing Director (OMD), Federal
Communications Commission (FCC), 45
L Street NE, Washington, DC 20554.
SYSTEM MANAGER(S):
Information Technology (IT), Office of
the Managing Director (OMD), Federal
Communications Commission (FCC), 45
L Street NE, Washington, DC 20554.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301, 44 U.S.C. 3101, and 47
U.S.C. 154(i).
PURPOSE(S) OF THE SYSTEM:
This system collects information
related to the FCC’s wireless
communications equipment, functions,
and services, and the associated costs
and charges for wireless
communications equipment, functions,
and services. The collection of the
records in this system serve the
following purposes:
1. Accounting for the information
contained in bills for wireless
communications equipment, functions,
or services; and
2. Ensuring that the FCC operates
efficiently and effectively, and guards
against any improper uses of FCC
wireless communications equipment,
functions, or services.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
1. FCC staff (including, but not
limited to current and former
employees, interns, co-op students, and
volunteers) who have been issued FCC
wireless communications equipment;
and
2. FCC contractors who have been
issued FCC wireless communications
equipment.
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records in the
system include:
1. Records of the Commission’s
wireless communications equipment,
functions, and services, and the
associated costs and charges, which
include, but are not limited to:
a. Communications numbers
(including telephone numbers, IP
addresses, or other unique
communications identifier(s) (e.g.,
International Mobile Equipment Identity
(IMEI) numbers));
b. Time (call start and call end) and
data usage from wireless
communications;
c. Duration of wireless
communications (lapsed time);
d. Disposition and cost of
communications; and
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Federal Register / Vol. 88, No. 249 / Friday, December 29, 2023 / Notices
e. FCC bureau/office to which each
relevant identifying wireless
communications number is assigned.
2. Type and number of FCC wireless
communications devices assigned to
FCC staff (employees and contractors);
3. Copies of related wireless
communications and service records,
including any periodic summaries
which may have been compiled to
reflect the total number and type of
communications and related user
charges, usages, and fees from wireless
communications equipment assigned to
FCC employees; and
4. Names and email addresses of FCC
staff and contractors;
5. Personal telephone numbers and
personal mailing addresses for FCC staff
and contractors, if voluntarily provided
by those individuals.
This system does not include or
maintain the contents of calls, messages,
or other communications to or from FCC
wireless equipment or communicated
over FCC wireless services or functions.
RECORD SOURCE CATEGORIES:
Record source categories in this
system include purchase orders; bills
and other documentation associated
with the usage and charges for the
wireless communications, including but
not limited to voice, text, and other
teleconferencing services and functions
(audio or video), using various
equipment and devices (including, but
not limited to cellular telephones, other
mobile or broadband devices, and
teleconferencing services (audio or
video)); and individuals about whom
records are maintained, as well as their
supervisors and managers.
ddrumheller on DSK120RN23PROD with NOTICES1
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a
portion of the records or information
contained in this system may be
disclosed to authorized entities, as is
determined to be relevant and
necessary, outside the FCC as a routine
use pursuant to 5 U.S.C. 552a(b)(3) as
follows. In each of these cases, the FCC
will determine whether disclosure of
the records is compatible with the
purpose(s) for which the records were
collected:
1. Litigation—To disclose records to
the Department of Justice (DOJ) when:
(a) the FCC or any component thereof;
(b) any employee of the FCC in his or
her official capacity; (c) any employee of
the FCC in his or her individual
capacity where the DOJ or the FCC has
agreed to represent the employee; or (d)
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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 DOJ is for a purpose that is
compatible with the purpose for which
the FCC collected the records.
2. 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.
3. Law Enforcement and
Investigation—When the FCC becomes
aware of an indication of a violation or
potential violation of a civil or criminal
statute, law, regulation, order, or other
requirement, to disclose pertinent
information to 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,
order, or other requirement.
4. 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.
5. Government-wide Program
Management and Oversight—To provide
information to the DOJ to obtain that
department’s advice regarding
disclosure obligations under FOIA; or to
OMB to obtain that office’s advice
regarding obligations under the Privacy
Act.
6. Labor Relations—To officials of
labor organizations recognized under 5
U.S.C. chapter 71 upon receipt of a
formal request and in accord with the
conditions of 5 U.S.C. 7114 when
relevant and necessary to their duties of
exclusive representation concerning
personnel policies, practices, and
matters affecting working conditions.
7. Breach Notification—To
appropriate agencies, entities, and
persons when: (a) The Commission
suspects or has confirmed that there has
been a breach of the system of records;
(b) the Commission has determined that
as a result of the suspected or confirmed
breach there is a risk of harm to
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90187
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.
8. 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.
9. Communications Providers—To a
communications company providing
support to permit account servicing,
billing verification, and related
requirements.
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:
1. This electronic system of records
resides on the FCC’s or a third-party
vendor’s accredited network.
2. The paper records, if any, are stored
in file cabinets in ‘‘non-public’’ rooms
in the Information Technology (IT)
office suite for one year.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records in this system of records can
be retrieved by any category field, e.g.,
the individual’s name, and/or
identifying communications number.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
The FCC maintains and disposes of
these various telephone, fax, text, and
related electronic transmission service
records in this system in accordance
with National Archives and Records
Administration (NARA) General
Records Schedule 5.5: ‘‘Mail, Printing,
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Federal Register / Vol. 88, No. 249 / Friday, December 29, 2023 / Notices
and Telecommunication Service
Management Records.’’
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
FOR FURTHER INFORMATION CONTACT:
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Centers for Medicare & Medicaid
Services
SUPPLEMENTARY INFORMATION:
The electronic records, files, and data
are stored within FCC or a vendor’s
accreditation boundaries and
maintained in a database housed in the
FCC’s or vendor’s computer network
databases. Access to the electronic files
is restricted to authorized employees
and contractors; and to IT staff,
contractors, and vendors who maintain
the IT networks and services. Other
employees and contractors may be
granted access on a need-to-know basis.
The electronic files and records are
protected by the FCC and third-party
privacy safeguards, a comprehensive
and dynamic set of IT safety and
security protocols and features that are
designed to meet all Federal 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).
The paper documents and files, if any,
are maintained in file cabinets in ‘‘nonpublic’’ rooms in the IT office suite. The
file cabinets are locked at the end of the
business day. Access to the IT offices is
via a key and card-coded door.
RECORD ACCESS PROCEDURES:
Individuals wishing to request access
to and/or amendment of records about
themselves should follow the
Notification Procedures below.
CONTESTING RECORD PROCEDURES:
Individuals wishing to contest
information pertaining to him or her in
the system of records should follow the
Notification Procedures below.
NOTIFICATION PROCEDURES:
Individuals wishing to determine
whether this system of records contains
information about themselves may do so
by writing to privacy@fcc.gov.
Individuals requesting record access or
amendment must also comply with the
FCC’s Privacy Act regulations regarding
verification of identity as required
under 47 CFR part 0, subpart E.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
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None.
HISTORY:
82 FR 13348 (March 10, 2017).
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer.
[FR Doc. 2023–28751 Filed 12–28–23; 8:45 am]
BILLING CODE 6712–01–P
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[Document Identifier: CMS–10142]
Agency Information Collection
Activities: Submission for OMB
Review; Comment Request
Centers for Medicare &
Medicaid Services, Health and Human
Services (HHS).
ACTION: Notice.
AGENCY:
The Centers for Medicare &
Medicaid Services (CMS) is announcing
an opportunity for the public to
comment on CMS’ intention to collect
information from the public. Under the
Paperwork Reduction Act of 1995
(PRA), Federal agencies are required to
publish notice in the Federal Register
concerning each proposed collection of
information, including each proposed
extension or reinstatement of an existing
collection of information, and to allow
a second opportunity for public
comment on the notice. Interested
persons are invited to send comments
regarding the burden estimate or any
other aspect of this collection of
information, including the necessity and
utility of the proposed information
collection for the proper performance of
the agency’s functions, the accuracy of
the estimated burden, ways to enhance
the quality, utility, and clarity of the
information to be collected, and the use
of automated collection techniques or
other forms of information technology to
minimize the information collection
burden.
SUMMARY:
Comments on the collection(s) of
information must be received by the
OMB desk officer by January 29, 2024.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
To obtain copies of a supporting
statement and any related forms for the
proposed collection(s) summarized in
this notice, please access the CMS PRA
website by copying and pasting the
following web address into your web
browser: https://www.cms.gov/
Regulations-and-Guidance/Legislation/
PaperworkReductionActof1995/PRAListing.
DATES:
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William Parham at (410) 786–4669.
Under the
Paperwork Reduction Act of 1995 (PRA)
(44 U.S.C. 3501–3520), Federal agencies
must obtain approval from the Office of
Management and Budget (OMB) for each
collection of information they conduct
or sponsor. The term ‘‘collection of
information’’ is defined in 44 U.S.C.
3502(3) and 5 CFR 1320.3(c) and
includes agency requests or
requirements that members of the public
submit reports, keep records, or provide
information to a third party. Section
3506(c)(2)(A) of the PRA (44 U.S.C.
3506(c)(2)(A)) requires Federal agencies
to publish a 30-day notice in the
Federal Register concerning each
proposed collection of information,
including each proposed extension or
reinstatement of an existing collection
of information, before submitting the
collection to OMB for approval. To
comply with this requirement, CMS is
publishing this notice that summarizes
the following proposed collection(s) of
information for public comment:
1. Type of Information Collection
Request: Revision with change to the
currently approved collection; Title of
Information Collection: Bid Pricing Tool
(BPT) for Medicare Advantage (MA)
Plans and Prescription Drug Plans (PDP;
Use: Medicare Advantage organizations
(MAO) and Prescription Drug Plans
(PDP) are required to submit an
actuarial pricing ‘‘bid’’ for each plan
offered to Medicare beneficiaries for
approval by CMS. The MAOs and PDPs
use the Bid Pricing Tool (BPT) software
to develop their actuarial pricing bid.
The competitive bidding process
defined by the ‘‘The Medicare
Prescription Drug, Improvement, and
Modernization Act’’ (MMA) applies to
both the MA and Part D programs. It is
an annual process that encompasses the
release of the MA rate book in April, the
bid’s that plans submit to CMS in June,
and the release of the Part D and RPPO
benchmarks, which typically occurs in
August.
Form Number: CMS–10142 (OMB
control number: 0938–0832); Frequency:
Annually; Affected Public: Private
sector—(Business or other for-profits
and Not-for-profit institutions); 555;
Total Annual Responses: 4,995; Total
Annual Hours: 149,850 (For policy
questions regarding this collection
contact Rachel Shevland at 410–786–
3026).
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]]>Agencies
[Federal Register Volume 88, Number 249 (Friday, December 29, 2023)]
[Notices]
[Pages 90186-90188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28751]
[[Page 90186]]
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FEDERAL COMMUNICATIONS COMMISSION
[FR ID: 194270]
Privacy Act of 1974; System of Records
AGENCY: Federal Communications Commission.
ACTION: Notice of a modified system of records.
-----------------------------------------------------------------------
SUMMARY: The Federal Communications Commission (FCC or Commission or
Agency) has modified an existing system of records, FCC/OMD-18,
Telephone Call Details, subject to the Privacy Act of 1974, as amended.
This action is necessary to meet the requirements of the Privacy Act to
publish in the Federal Register notice of the existence and character
of records maintained by the agency. The FCC's Office of the Managing
Director (OMD) will use a vendor-provided management solution to
maintain information associated with the FCC's wireless communications
equipment, functions, and services. 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, and the revision of existing routine uses.
DATES: This modified system of records will become effective on
December 29, 2023. Written comments on the routine uses are due by
January 29, 2024. The routine uses in this action will become effective
on January 29, 2024] unless comments are received that require a
contrary determination.
ADDRESSES: Send comments to Brendan McTaggart, Attorney-Advisor, Office
of General Counsel, Federal Communications Commission, 45 L Street NE,
Washington, DC 20554, or to [email protected].
FOR FURTHER INFORMATION CONTACT: Brendan McTaggart, (202) 418-1738, 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: As required by the Privacy Act of 1974, as
amended, 5 U.S.C. 552a(e)(4) and (e)(11), this document sets forth
notice of the proposed modification of a system of records maintained
by the FCC. The FCC previously provided notice of the system of records
FCC/OMD-18 by publication in the Federal Register on March 10, 2017 (82
FR 13348). This notice serves to modify FCC/OMD-18 to make various
necessary changes and updates, including renaming and clarifying the
purpose of the system, making formatting changes required by OMB
Circular A-108, and revising existing routine uses. The substantive
changes and modifications to the previously published version of the
FCC/OMD-18 system of records include:
1. Narrowing the scope of the SORN and renaming the system of
records to reflect that only information about FCC employee wireless
communications equipment, functions, and services is maintained in this
system.
2. Updating the system's description to reflect the transition to a
vendor-provided solution;
3. Modifying the language in the Categories of Individuals and
Categories of Records to reflect changes to the system;
4. Updating and/or revising language in the following routine uses
(listed by current routine use number): the former Litigation and
Adjudication routine use has been modified into two revised routine
uses--(1) Litigation, and (2) Adjudication; (3) Law Enforcement and
Investigation; (4) Congressional Inquiries; (5) Government-wide Program
Management and Oversight; (9) Communications Providers; and (10) Non-
Federal Personnel.
5. Deleting two routine uses (listed by former routine use number),
which no longer reflect uses or disclosures of records from this
system: (5) Employment, Clearances, Licensing, Contract, Grant, or
other Benefits Decisions by the Agency; and (6) Employment, Clearances,
Licensing, Contract, Grant, or other Benefits Decisions by Other than
the Agency
6. Updating the existing records retention and disposal schedule
with a new records schedule: National Archives and Records
Administration (NARA) General Records Schedule 5.5: ``Mail, Printing,
and Telecommunication Service Management Records.''
The system of records is also revised for clarity and 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/OMD-18, FCC Wireless Communications Information.
SECURITY CLASSIFICATION:
No information in the system is classified.
SYSTEM LOCATION:
Information Technology (IT), Office of the Managing Director (OMD),
Federal Communications Commission (FCC), 45 L Street NE, Washington, DC
20554.
SYSTEM MANAGER(S):
Information Technology (IT), Office of the Managing Director (OMD),
Federal Communications Commission (FCC), 45 L Street NE, Washington, DC
20554.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301, 44 U.S.C. 3101, and 47 U.S.C. 154(i).
PURPOSE(S) OF THE SYSTEM:
This system collects information related to the FCC's wireless
communications equipment, functions, and services, and the associated
costs and charges for wireless communications equipment, functions, and
services. The collection of the records in this system serve the
following purposes:
1. Accounting for the information contained in bills for wireless
communications equipment, functions, or services; and
2. Ensuring that the FCC operates efficiently and effectively, and
guards against any improper uses of FCC wireless communications
equipment, functions, or services.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
1. FCC staff (including, but not limited to current and former
employees, interns, co-op students, and volunteers) who have been
issued FCC wireless communications equipment; and
2. FCC contractors who have been issued FCC wireless communications
equipment.
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records in the system include:
1. Records of the Commission's wireless communications equipment,
functions, and services, and the associated costs and charges, which
include, but are not limited to:
a. Communications numbers (including telephone numbers, IP
addresses, or other unique communications identifier(s) (e.g.,
International Mobile Equipment Identity (IMEI) numbers));
b. Time (call start and call end) and data usage from wireless
communications;
c. Duration of wireless communications (lapsed time);
d. Disposition and cost of communications; and
[[Page 90187]]
e. FCC bureau/office to which each relevant identifying wireless
communications number is assigned.
2. Type and number of FCC wireless communications devices assigned
to FCC staff (employees and contractors);
3. Copies of related wireless communications and service records,
including any periodic summaries which may have been compiled to
reflect the total number and type of communications and related user
charges, usages, and fees from wireless communications equipment
assigned to FCC employees; and
4. Names and email addresses of FCC staff and contractors;
5. Personal telephone numbers and personal mailing addresses for
FCC staff and contractors, if voluntarily provided by those
individuals.
This system does not include or maintain the contents of calls,
messages, or other communications to or from FCC wireless equipment or
communicated over FCC wireless services or functions.
RECORD SOURCE CATEGORIES:
Record source categories in this system include purchase orders;
bills and other documentation associated with the usage and charges for
the wireless communications, including but not limited to voice, text,
and other teleconferencing services and functions (audio or video),
using various equipment and devices (including, but not limited to
cellular telephones, other mobile or broadband devices, and
teleconferencing services (audio or video)); and individuals about whom
records are maintained, as well as their supervisors and managers.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed to authorized
entities, as is determined to be relevant and necessary, outside the
FCC as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows. In
each of these cases, the FCC will determine whether disclosure of the
records is compatible with the purpose(s) for which the records were
collected:
1. Litigation--To disclose records to the Department of Justice
(DOJ) when: (a) the FCC or any component thereof; (b) any employee of
the FCC in his or her official capacity; (c) any employee of the FCC in
his or her individual capacity where 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 DOJ is
for a purpose that is compatible with the purpose for which the FCC
collected the records.
2. 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.
3. Law Enforcement and Investigation--When the FCC becomes aware of
an indication of a violation or potential violation of a civil or
criminal statute, law, regulation, order, or other requirement, to
disclose pertinent information to 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, order, or other
requirement.
4. 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.
5. Government-wide Program Management and Oversight--To provide
information to the DOJ to obtain that department's advice regarding
disclosure obligations under FOIA; or to OMB to obtain that office's
advice regarding obligations under the Privacy Act.
6. Labor Relations--To officials of labor organizations recognized
under 5 U.S.C. chapter 71 upon receipt of a formal request and in
accord with the conditions of 5 U.S.C. 7114 when relevant and necessary
to their duties of exclusive representation concerning personnel
policies, practices, and matters affecting working conditions.
7. Breach Notification--To appropriate agencies, entities, and
persons when: (a) The Commission suspects or has confirmed that there
has been a breach of the system of records; (b) the Commission has
determined that as a result of the suspected or confirmed breach there
is a risk of harm to individuals, the Commission (including its
information systems, programs, and operations), the Federal Government,
or national security; and (c) the disclosure made to such agencies,
entities, and persons is reasonably necessary to assist in connection
with the Commission's efforts to respond to the suspected or confirmed
breach or to prevent, minimize, or remedy such harm.
8. 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.
9. Communications Providers--To a communications company providing
support to permit account servicing, billing verification, and related
requirements.
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:
1. This electronic system of records resides on the FCC's or a
third-party vendor's accredited network.
2. The paper records, if any, are stored in file cabinets in ``non-
public'' rooms in the Information Technology (IT) office suite for one
year.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records in this system of records can be retrieved by any category
field, e.g., the individual's name, and/or identifying communications
number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The FCC maintains and disposes of these various telephone, fax,
text, and related electronic transmission service records in this
system in accordance with National Archives and Records Administration
(NARA) General Records Schedule 5.5: ``Mail, Printing,
[[Page 90188]]
and Telecommunication Service Management Records.''
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
The electronic records, files, and data are stored within FCC or a
vendor's accreditation boundaries and maintained in a database housed
in the FCC's or vendor's computer network databases. Access to the
electronic files is restricted to authorized employees and contractors;
and to IT staff, contractors, and vendors who maintain the IT networks
and services. Other employees and contractors may be granted access on
a need-to-know basis. The electronic files and records are protected by
the FCC and third-party privacy safeguards, a comprehensive and dynamic
set of IT safety and security protocols and features that are designed
to meet all Federal 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).
The paper documents and files, if any, are maintained in file
cabinets in ``non-public'' rooms in the IT office suite. The file
cabinets are locked at the end of the business day. Access to the IT
offices is via a key and card-coded door.
RECORD ACCESS PROCEDURES:
Individuals wishing to request access to and/or amendment of
records about themselves should follow the Notification Procedures
below.
CONTESTING RECORD PROCEDURES:
Individuals wishing to contest information pertaining to him or her
in the system of records should follow the Notification Procedures
below.
NOTIFICATION PROCEDURES:
Individuals wishing to determine whether this system of records
contains information about themselves may do so by writing to
[email protected]. Individuals requesting record access or amendment must
also comply with the FCC's Privacy Act regulations regarding
verification of identity as required under 47 CFR part 0, subpart E.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
82 FR 13348 (March 10, 2017).
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer.
[FR Doc. 2023-28751 Filed 12-28-23; 8:45 am]
BILLING CODE 6712-01-P
