Privacy Act of 1974; System of Records, 74943-74946 [2024-20847]
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Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices
EXPORT-IMPORT BANK
Receipt of Request(s) To Increase the
Amount of the Long-Term General
Guarantee on the Interest of Secured
Notes Issued by the Private Export
Funding Corporation (PEFCO)
Export-Import Bank of the
United States
ACTION: Notice
AGENCY:
This Notice is to inform the
public that Export-Import Bank of the
United States (‘‘EXIM’’) is expected to
consider one or more requests to
increase the amount of the long-term
general guarantee on the interest of
Secured Notes issued by the Private
Export Funding Corporation (PEFCO).
Comments received within the comment
period specified below will be
presented to the EXIM Board of
Directors prior to any final action during
the fiscal year ending on September 30,
2025.
DATES: Comments must be received on
or before October 8, 2024 to be assured
of consideration before any final
decision on one or more additional
guarantees during the course of fiscal
year 2025.
ADDRESSES: Comments may be
submitted through Regulations.gov at
www.regulations.gov. To submit a
comment, enter Export-Import under the
heading ‘‘Enter’’ and select Search.
Follow the instructions provided at the
Submit a Comment screen. Please
include your name, company name (if
any), and on any attached document.
SUPPLEMENTARY INFORMATION:
Reference: AP003048AA.
Brief Description of Nature and
Purpose of the Facility: EXIM may
consider one or more general guarantees
on the interest of Secured Notes issued
by the Private Export Funding
Corporation (PEFCO), in accordance
with both the Guarantee and Credit
Agreement, as Amended, and the
Guarantee Agreement between EXIM
and PEFCO. The purpose of the
guarantees of interest on the Secured
Notes is to facilitate private funding
from the U.S. capital markets for EXIMguaranteed export finance transactions.
Total Amount of Guarantees: The
exact number is not determinable due to
market-determined pricing and
uncertainty as to the amount and timing
of Secured Notes to be issued; however,
it could potentially be in excess of $100
million for Secured Notes issued during
the course of fiscal year 2025.
Reasons for the Facility and Methods
of Operation: The general guarantee
serves to guarantee interest on PEFCO’s
issuance of Secured Notes. The
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SUMMARY:
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principal amount of the Secured Notes
is secured by a collateral pool of U.S.
Government-risk debt and securities,
including EXIM-guaranteed loans. The
proceeds from the Secured Notes are
used to fund additional EXIMguaranteed loans and provide a liquid
secondary market for EXIM-guaranteed
loans.
Party Requesting Guarantee: Private
Export Funding Corporation (PEFCO).
Information on Decision: Information
on the final decision for this transaction
will be available in the ‘‘Summary
Minutes of Meetings of Board of
Directors’’ on https://www.exim.gov/
news/meeting-minutes.
Deidre Hodge,
Assistant Corporate Secretary.
[FR Doc. 2024–20858 Filed 9–12–24; 8:45 am]
BILLING CODE 6690–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[FR ID: 243633]
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/MB–1,
Ownership Reports for Commercial and
Noncommercial Broadcast Stations,
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 Media Bureau (MB) uses the
information contained in this system to
administer the Commission’s regulatory
responsibilities that relate (1) to
ownership of commercial broadcast
stations, including AM and FM radio
and television (full power, Class A, and
low power); and (2) to ownership of
noncommercial broadcast stations,
including AM and FM radio and fullpower television. The FCC Enforcement
Bureau (EB) also uses the information
contained in this system to review the
Equal Employment Opportunity (EEO)
programs of both commercial and noncommercial AM and FM radio and
television stations (full power, Class A,
and low power) and Satellite Digital
Audio Radio Services (SDARS)
licensees. And for cable operators and
‘‘Direct Broadcast Satellite’’ (DBS)
SUMMARY:
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74943
providers, EB similarly reviews their
compliance with the FCC’s Equal
Employment Opportunity (EEO) rules in
this system, in part, via the Cable
Operations and Licensing System
(COALS) database.
DATES: This modified system of records
will become effective on September 13,
2024. Written comments on the routine
uses are due by October 15, 2024. The
routine uses in this action will become
effective on October 15, 2024 unless
comments are received that require a
contrary determination.
ADDRESSES: Send comments to Brendan
McTaggart, Federal Communications
Commission, 45 L Street NE,
Washington, DC 20554, or privacy@
fcc.gov.
FOR FURTHER INFORMATION CONTACT:
Brendan McTaggart, (202) 418–1738, or
privacy@fcc.gov.
SUPPLEMENTARY INFORMATION: This
notice serves to update and modify
FCC/MB–1 as a result of the various
necessary changes and updates. The
substantive changes and modifications
to the previously published version of
the FCC/MB–1 system of records
include:
1. Renaming the SORN ‘‘MB–1, Media
Ownership and Equal Employment
Opportunity Forms and Reports,’’ and
updating the Purposes, Categories of
Records, Categories of Individuals, and
Record Source Categories to reflect the
collection of Equal Employment
Opportunity (EEO) data through FCC
Form 2100, Schedule 396–B, the
Broadcast Equal Employment
Opportunity Program Report (Form
396–B), through Form 396–C, the MultiChannel Video Program Distributors
EEO Program Annual Report (Form
396–C); and through any related
attachments or supporting
documentation; and adding the
Enforcement Bureau to System Location
and System Manager, to reflect the
Bureau’s role in enforcing the
Commission’s EEO requirements;
2. Updating the language in the
Security Classification and Authority for
Maintenance of the System to follow
OMB guidance;
3. Otherwise modifying the language
in the Categories of Individuals and
Categories of Records to be consistent
with the language and phrasing now
used in FCC SORNs;
4. Adding one new routine use (listed
by the routine use number provided in
this SORN): (9) Assistance to Federal
Agencies and Entities Related to
Breaches, the addition of which is
required by OMB M–17–12;
5. Updating and/or revising language
in eight routine uses (listed by the
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Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices
routine use number provided in this
SORN): (1) Public Access; (2) Litigation
and (3) Adjudication (now two separate
routine uses); (4) Law Enforcement and
Investigation; (5) Congressional
Inquiries; (6) Government-wide Program
Management and Oversight; (7) Breach
Notification, the modification of which
is required by OMB M–17–12; and (9)
Nonfederal Personnel;
6. Deleting one routine use: former
routine use (3) Financial Obligations
under the Debt Collection Acts, which
is no longer applicable;
7. Updating language in the Purposes
of the System to reflect changes to the
Commission’s media ownership rules.
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, retention, disposal and
retrieval of the information;
administrative, technical, and physical
safeguards; and updated notification,
records access, and contesting records
procedures.
SYSTEM NAME AND NUMBER:
FCC/MB–1, Media Ownership and
Equal Employment Opportunity Forms
and Reports
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Media Bureau (MB) and Enforcement
Bureau (EB), Federal Communications
Commission (FCC), 45 L Street NE,
Washington, DC 20554.
SYSTEM MANAGER(S):
MB and EB, FCC, 45 L Street NE,
Washington, DC 20554.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
47 U.S.C. 151, 152(a), 154(i), 257,
303(r), 307, 308, 309, 310, 554(e).
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PURPOSE(S) OF THE SYSTEM:
The Commission uses the records in
this system:
(1) To assess the data contained in
responses to Form 323, and/or Form
323–E, which the Commission uses to
evaluate licensees’ or permittees’
compliance with the Commission’s
rules applicable to owners of
commercial broadcast stations,
including AM and FM radio and
television (full power, Class A, and low
power); and noncommercial broadcast
stations, including AM and FM radio
and full-power television. These forms
are filed: (a) To satisfy the biennial
filing requirement (Biennial Ownership
Report); (b) As a validation and
resubmission of a previously filed
Biennial Ownership Report; (c) In
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connection with the transfer of control
or assignment of a broadcast station; (d)
By a permittee within 30 days after the
grant of a construction permit and on
the date that the permittee files its
license application; (e) As a certification
of accuracy of the initial or postconsummation Ownership Report filed
by the permittee in conjunction with its
application for a station license; or (f)
As an amendment of a previously filed
Ownership Report.
(2) To undertake studies of minority
and female ownership in responses to
Form 323, and/or Form 323–E that
include studies that support the
Commission’s diversity policy goals and
other ownership studies to support its
statutory requirement to review the
media ownership goals quadrennially to
determine whether they are necessary in
the public interest as the result of
competition.
(3) To assess the data contained in
Form 396–B and annual EEO Public File
Reports attached to both the Form 396–
B and the Form 396–C Supplemental
Investigation Sheet (SIS). The FCC uses
the Form 396–B to evaluate licensees’
EEO compliance under applicable FCC
requirements at the time they apply for
license renewal. The Form 396–C SIS is
filed no less than once every five years
to provide supplemental data on the
EEO compliance of a cable operator or
DBS provider.
(4) To otherwise utilize Form 323,
Form 323–E, Form 396–B, Form 396–C
and annual EEO Public File Reports for
other lawful purposes, including
analyzing effectiveness and efficiency of
related FCC programs, informing future
rule and policy-making activity, and
improving staff efficiency.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
The categories of individuals covered
by this system include: (1) Licensees,
permittees, and respondents, and other
individuals or entities with interests
therein that are required to file or have
their interests reported on: (a) Form 323,
‘‘Ownership Report for Commercial
Broadcast Stations’’ pursuant to 47 CFR
73.3615, 73.6026, and 74.797; and/or (b)
Form 323–E, ‘‘Ownership Report for
Noncommercial Broadcast Stations
pursuant to 47 CFR 73.3615; (2) Contact
individuals reported on: (a) Form 323,
e.g., representatives, relating to
commercial AM, FM, and television
(full power, Class A, and low power)
broadcast stations ; and/or (b) Form
323–E, e.g., representatives, relating to
noncommercial AM, FM, and full-power
television broadcast stations; (3)
Individuals, pursuant to 47 CFR
73.3555, with ownership or attributable
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interests in broadcast stations subject to
the Commission’s ownership rules or
otherwise required to be reported on
Form 323, and/or Form 323–E; and (4)
(a) Individuals filing Form 396–B
pursuant to 47 CFR 73.2080 on behalf of
broadcast stations and SDARS licensees
as well as individuals who have filed
discrimination complaints involving
those licensees and are named in
attachments to Form 396–B; and (b)
Individuals filing Form 396–C SIS
pursuant to 47 CFR 76.77(c); and (c)
Individuals (including recruitment
sources and referral sources) included
in the annual EEO Public File Report
associated with a broadcast station or
SDARS licensee and who are identified
in the last two annual EEO Public File
Reports attached to Form 396–B or, with
regards to cable operators or DBS
providers, the last EEO Public File
Report, which is attached to the Form
396–C SIS.
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records in this
system include: (1) Information that is
required to be submitted on Form 323,
and/or Form 323–E, including the
ownership or other interests of the
licensee/permittee/respondent, mailing
address, telephone number, email
address, FCC Registration Number
(FRN), Restricted Use FRN (RUFRN),
listing type, relationship to licensee/
permittee/respondent/other interest
holder, positional interest, joint interest
status, Tribal Nation/entity status,
marital/familial relationship, and
gender, ethnicity, race, and citizenship,
etc.; (2) All exhibits, organizational
charts, supporting documentation, and
any other materials included with the
report (e.g., correspondence, letters,
etc.), which are associated with
processing Form 323, Form 323–E, or
Form 396–B submissions; (3) identifying
information in Form 396–B or its
attachments, such as the names of
individuals associated with
discrimination complaints and
identifying information included in EEO
Public File Reports—an annual report
summarizing various recruitment
activities of the licensee—such as the
names of recruitment contacts at various
entities; and (4) identifying information
included the EEO Public File Reports
attached to the Form 396–C SIS; and (5)
Any other records that are submitted in
connection with or created as the result
of the filing of Form 323, Form 323–E,
Form 396–B, Form 396–C SIS or EEO
Public File Reports.
RECORD SOURCE CATEGORIES:
The sources for the information in
this system are all broadcast stations,
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SDARS licensees, cable operators and
DBS providers and other entities that
are required to file an ownership or EEO
form or report, either biennially, upon
license renewal or at other occasions,
under 47 CFR 73.3615, 73.6026, 74.797,
73.20280, and 76.77 of the
Commission’s rules, including
information submitted on Form 323,
Form 323–E, Form 396–B, Form 396–C
SIS or EEO Public File Reports, as
described above.
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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 of the FCC as a
routine use pursuant to 5 U.S.C.
552a(b)(3) as follows:
1. Public Access—Ownership and
EEO Information submitted in Form
323, Form 323–E, Form 396–B, Form
396–C SIS and EEO Public File Reports
in the Consolidated Database System
(CDBS), the Licensing and Management
System (LMS), and the Cable Operations
and Licensing System (COALS), as
applicable, can be viewed by the public
on the Commission’s website.
2. Litigation—Records may be
disclosed 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 Department of
Justice is for a purpose that is
compatible with the purpose for which
the FCC collected the records.
3. Adjudication—Records may be
disclosed 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
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is compatible with the purpose for
which the agency collected the records.
4. 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, and determines
that a record in this system, either alone
or in conjunction with other
information, indicates a violation or
potential violation of law, regulation,
policy, consent decree, order, or other
compulsory obligation, the FCC may
disclose pertinent information as it
deems necessary to the target of an
investigation, as well as with the
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.
5. Congressional Inquiries—
Information may be provided to a
Congressional office in response to an
inquiry from that Congressional office
made at the written request of the
individual to whom the information
pertains.
6. Government-wide Program
Management and Oversight—
Information may be disclosed to the DOJ
to obtain that department’s advice
regarding disclosure obligations under
the Freedom of Information Act (FOIA);
or to the Office of Management and
Budget (OMB) to obtain that office’s
advice regarding obligations under the
Privacy Act.
7. Breach Notification—Records may
be disclosed 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
system, programs, and operations), the
Federal Government, or national
security; and; 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—Records
may be disclosed 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
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74945
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. Non-Federal Personnel—
Information may be disclosed to nonFederal 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:
This an electronic system of records
that resides on the FCC’s network or on
an FCC vendor’s network.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records in this system of records can
be retrieved by an authorized FCC user
by any category field, e.g., first name or
email address.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
The information in this system is
limited to electronic files, records, and
data, which includes: (1) The
information that pertains to current
filing requirements; and (2) the
information that pertains to historical
records, which is used for archival
purposes. National Archives and
Records Administration (NARA)
Records Schedule N1–173–86–2,
authorizes permanent retention of
original documents of information
reported pursuant to Sections 73.3613
and 73.3615 of the Commission’s rules,
including ownership reports (FCC Form
323). In the absence of a more specific
NARA-approved records schedule, any
information in this system that is not
covered by the agency records control
schedule N1–173–86–2 will also be
treated as permanent.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Access to the records (i.e., the
electronic records, files, and data)
housed in the COALS, CDBS, and LMS
databases—distinct from the public’s
ability to view the ownership
information that is available on the
FCC’s website—is restricted to
authorized MB and EB supervisory and
staff and IT staff and contractors, who
maintain the COALS, CDBS, and LMS
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network computer databases. Other FCC
staff and contractors may be granted
access to this information, only on a
‘‘need-to-know’’ basis. The COALS,
CDBS, and LMS databases are part of
the FCC’s computer network databases.
The records 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. 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), the Office of
Management and Budget (OMB), and
the National Institute of Standards and
Technology (NIST).
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 request access
to and/or amendment of records about
themselves 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 access must also
comply with the FCC’s Privacy Act
regulations regarding verification of
identity to gain access to records as
required under 47 CFR part 0, subpart
E.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
81 FR 72047 (October 19, 2016)
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2024–20847 Filed 9–12–24; 8:45 am]
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BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[FR ID: 243635]
Privacy Act of 1974; System of
Records
Federal Communications
Commission.
AGENCY:
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ACTION:
Notice of a modified system of
records.
The Federal Communications
Commission (FCC, Commission, or
Agency) proposes to modify an existing
system of records, FCC/MB–2, Broadcast
Station Public Inspection Files, which
has been renamed FCC/MB–2, Online
Public Inspection File. The Commission
requires television broadcasters to
submit their public filing information to
the FCC to be posted in an online public
inspection file. In 2016, the Commission
expanded its Online Public Inspection
File (OPIF) requirements to cable
operators, satellite TV (also referred to
as ‘‘Direct Broadcast Satellite’’ or
‘‘DBS’’) providers, broadcast radio
licensees, and satellite radio (also
referred to as ‘‘Satellite Digital Audio
Radio Services’’ or ‘‘SDARS’’) licensees.
This system of records covers the
personally identifiable information (PII)
that may be contained in an OPIF.
DATES: This modified system of records
will become effective on September 13,
2024. Written comments on the routine
uses are due by October 15, 2024. The
routine uses in this action will become
effective on October 15, 2024 unless
comments are received that require a
contrary determination.
ADDRESSES: Send comments to Brendan
McTaggart, Federal Communications
Commission, 45 L Street NE,
Washington, DC 20554, or privacy@
fcc.gov.
FOR FURTHER INFORMATION CONTACT:
Brendan McTaggart, (202) 418–1738, or
privacy@fcc.gov.
SUPPLEMENTARY INFORMATION: This
notice serves to update and modify
FCC/MB–2 as a result of various
necessary changes and updates. The
substantive changes and modifications
to the previously published version of
the FCC/MB–2 system of records
include:
1. Updating the SORN to reflect the
addition of cable operators, DBS
providers, broadcast radio licensees,
and SDARS licensees, and changing the
name of the system to ‘‘Online Public
Inspection File;’’
2. Updating the Purposes, Categories
of Records, Categories of Individuals,
and Record Source Categories to reflect
the collection of Equal Employment
Opportunity (EEO) and related data
through FCC Form 2100 Schedule 396
Broadcast Equal Employment
Opportunity Program Report (Form
396–B), annual EEO Public File Reports
(certain years of which can also be
attached to Form 396–B, attached to the
Multichannel Video Program Distributor
EEO Program Report (Form 396–C), or
SUMMARY:
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submitted in response to an EEO audit),
and audit responses related to the
administration of the Commission’s
responsibilities under 47 CFR 73.2080;
and adding the Enforcement Bureau to
System Location and System Manager,
to reflect the Bureau’s role in enforcing
the Commission’s EEO requirements;
3. Updating the language in the
Security Classification to follow OMB
guidance;
4. Otherwise modifying the language
in the Categories of Individuals and
Categories of Records to be consistent
with the language and phrasing now
used in FCC SORNs;
5. Deleting three former routine uses
(listed by the routine use number in the
previous iteration of this SORN: (9) FCC
Enforcement Actions, which is
duplicative of the expanded Law
Enforcement and Investigation routine
use in this notice; and (10) Due
Diligence Inquiries and (11) Financial
Obligations under the Debt Collection
Acts, both of which are no longer
applicable.
6. Adding one new routine use (listed
by the routine use number provided in
this SORN): (8) Assistance to Federal
Agencies and Entities Related to
Breaches, the addition of which is
required by OMB M–17–12;
7. Updating and/or revising language
in seven routine uses (listed by the
routine use number provided in this
SORN): (2) Law Enforcement and
Investigation; (3) Litigation and (4)
Adjudication (now two separate routine
uses); (5) Congressional Inquiries; (6)
Government-wide Program Management
and Oversight; (7) Breach Notification,
the modification of which is required by
OMB M–17–12; and (9) Nonfederal
Personnel.
8. Updating the SORN to include the
National Archives and Records
Administration (NARA) records
schedule DAA–0173–2020–0003, EEO
Audits.
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, retention, disposal and
retrieval of the information;
administrative, technical, and physical
safeguards; and updated notification,
records access, and contesting records
procedures.
SYSTEM NAME AND NUMBER:
FCC/MB–2, Online Public Inspection
File.
SECURITY CLASSIFICATION:
Unclassified.
E:\FR\FM\13SEN1.SGM
13SEN1
]]>Agencies
[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Notices]
[Pages 74943-74946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20847]
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FEDERAL COMMUNICATIONS COMMISSION
[FR ID: 243633]
Privacy Act of 1974; System of Records
AGENCY: Federal Communications Commission.
ACTION: Notice of a modified system of records.
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SUMMARY: The Federal Communications Commission (FCC, Commission, or
Agency) proposes to modify an existing system of records, FCC/MB-1,
Ownership Reports for Commercial and Noncommercial Broadcast Stations,
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 Media Bureau (MB) uses the
information contained in this system to administer the Commission's
regulatory responsibilities that relate (1) to ownership of commercial
broadcast stations, including AM and FM radio and television (full
power, Class A, and low power); and (2) to ownership of noncommercial
broadcast stations, including AM and FM radio and full-power
television. The FCC Enforcement Bureau (EB) also uses the information
contained in this system to review the Equal Employment Opportunity
(EEO) programs of both commercial and non-commercial AM and FM radio
and television stations (full power, Class A, and low power) and
Satellite Digital Audio Radio Services (SDARS) licensees. And for cable
operators and ``Direct Broadcast Satellite'' (DBS) providers, EB
similarly reviews their compliance with the FCC's Equal Employment
Opportunity (EEO) rules in this system, in part, via the Cable
Operations and Licensing System (COALS) database.
DATES: This modified system of records will become effective on
September 13, 2024. Written comments on the routine uses are due by
October 15, 2024. The routine uses in this action will become effective
on October 15, 2024 unless comments are received that require a
contrary determination.
ADDRESSES: Send comments to Brendan McTaggart, Federal Communications
Commission, 45 L Street NE, Washington, DC 20554, or [email protected].
FOR FURTHER INFORMATION CONTACT: Brendan McTaggart, (202) 418-1738, or
[email protected].
SUPPLEMENTARY INFORMATION: This notice serves to update and modify FCC/
MB-1 as a result of the various necessary changes and updates. The
substantive changes and modifications to the previously published
version of the FCC/MB-1 system of records include:
1. Renaming the SORN ``MB-1, Media Ownership and Equal Employment
Opportunity Forms and Reports,'' and updating the Purposes, Categories
of Records, Categories of Individuals, and Record Source Categories to
reflect the collection of Equal Employment Opportunity (EEO) data
through FCC Form 2100, Schedule 396-B, the Broadcast Equal Employment
Opportunity Program Report (Form 396-B), through Form 396-C, the Multi-
Channel Video Program Distributors EEO Program Annual Report (Form 396-
C); and through any related attachments or supporting documentation;
and adding the Enforcement Bureau to System Location and System
Manager, to reflect the Bureau's role in enforcing the Commission's EEO
requirements;
2. Updating the language in the Security Classification and
Authority for Maintenance of the System to follow OMB guidance;
3. Otherwise modifying the language in the Categories of
Individuals and Categories of Records to be consistent with the
language and phrasing now used in FCC SORNs;
4. Adding one new routine use (listed by the routine use number
provided in this SORN): (9) Assistance to Federal Agencies and Entities
Related to Breaches, the addition of which is required by OMB M-17-12;
5. Updating and/or revising language in eight routine uses (listed
by the
[[Page 74944]]
routine use number provided in this SORN): (1) Public Access; (2)
Litigation and (3) Adjudication (now two separate routine uses); (4)
Law Enforcement and Investigation; (5) Congressional Inquiries; (6)
Government-wide Program Management and Oversight; (7) Breach
Notification, the modification of which is required by OMB M-17-12; and
(9) Nonfederal Personnel;
6. Deleting one routine use: former routine use (3) Financial
Obligations under the Debt Collection Acts, which is no longer
applicable;
7. Updating language in the Purposes of the System to reflect
changes to the Commission's media ownership rules.
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, retention, disposal and
retrieval of the information; administrative, technical, and physical
safeguards; and updated notification, records access, and contesting
records procedures.
SYSTEM NAME AND NUMBER:
FCC/MB-1, Media Ownership and Equal Employment Opportunity Forms
and Reports
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Media Bureau (MB) and Enforcement Bureau (EB), Federal
Communications Commission (FCC), 45 L Street NE, Washington, DC 20554.
SYSTEM MANAGER(S):
MB and EB, FCC, 45 L Street NE, Washington, DC 20554.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
47 U.S.C. 151, 152(a), 154(i), 257, 303(r), 307, 308, 309, 310,
554(e).
PURPOSE(S) OF THE SYSTEM:
The Commission uses the records in this system:
(1) To assess the data contained in responses to Form 323, and/or
Form 323-E, which the Commission uses to evaluate licensees' or
permittees' compliance with the Commission's rules applicable to owners
of commercial broadcast stations, including AM and FM radio and
television (full power, Class A, and low power); and noncommercial
broadcast stations, including AM and FM radio and full-power
television. These forms are filed: (a) To satisfy the biennial filing
requirement (Biennial Ownership Report); (b) As a validation and
resubmission of a previously filed Biennial Ownership Report; (c) In
connection with the transfer of control or assignment of a broadcast
station; (d) By a permittee within 30 days after the grant of a
construction permit and on the date that the permittee files its
license application; (e) As a certification of accuracy of the initial
or post-consummation Ownership Report filed by the permittee in
conjunction with its application for a station license; or (f) As an
amendment of a previously filed Ownership Report.
(2) To undertake studies of minority and female ownership in
responses to Form 323, and/or Form 323-E that include studies that
support the Commission's diversity policy goals and other ownership
studies to support its statutory requirement to review the media
ownership goals quadrennially to determine whether they are necessary
in the public interest as the result of competition.
(3) To assess the data contained in Form 396-B and annual EEO
Public File Reports attached to both the Form 396-B and the Form 396-C
Supplemental Investigation Sheet (SIS). The FCC uses the Form 396-B to
evaluate licensees' EEO compliance under applicable FCC requirements at
the time they apply for license renewal. The Form 396-C SIS is filed no
less than once every five years to provide supplemental data on the EEO
compliance of a cable operator or DBS provider.
(4) To otherwise utilize Form 323, Form 323-E, Form 396-B, Form
396-C and annual EEO Public File Reports for other lawful purposes,
including analyzing effectiveness and efficiency of related FCC
programs, informing future rule and policy-making activity, and
improving staff efficiency.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The categories of individuals covered by this system include: (1)
Licensees, permittees, and respondents, and other individuals or
entities with interests therein that are required to file or have their
interests reported on: (a) Form 323, ``Ownership Report for Commercial
Broadcast Stations'' pursuant to 47 CFR 73.3615, 73.6026, and 74.797;
and/or (b) Form 323-E, ``Ownership Report for Noncommercial Broadcast
Stations pursuant to 47 CFR 73.3615; (2) Contact individuals reported
on: (a) Form 323, e.g., representatives, relating to commercial AM, FM,
and television (full power, Class A, and low power) broadcast stations
; and/or (b) Form 323-E, e.g., representatives, relating to
noncommercial AM, FM, and full-power television broadcast stations; (3)
Individuals, pursuant to 47 CFR 73.3555, with ownership or attributable
interests in broadcast stations subject to the Commission's ownership
rules or otherwise required to be reported on Form 323, and/or Form
323-E; and (4) (a) Individuals filing Form 396-B pursuant to 47 CFR
73.2080 on behalf of broadcast stations and SDARS licensees as well as
individuals who have filed discrimination complaints involving those
licensees and are named in attachments to Form 396-B; and (b)
Individuals filing Form 396-C SIS pursuant to 47 CFR 76.77(c); and (c)
Individuals (including recruitment sources and referral sources)
included in the annual EEO Public File Report associated with a
broadcast station or SDARS licensee and who are identified in the last
two annual EEO Public File Reports attached to Form 396-B or, with
regards to cable operators or DBS providers, the last EEO Public File
Report, which is attached to the Form 396-C SIS.
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records in this system include: (1) Information
that is required to be submitted on Form 323, and/or Form 323-E,
including the ownership or other interests of the licensee/permittee/
respondent, mailing address, telephone number, email address, FCC
Registration Number (FRN), Restricted Use FRN (RUFRN), listing type,
relationship to licensee/permittee/respondent/other interest holder,
positional interest, joint interest status, Tribal Nation/entity
status, marital/familial relationship, and gender, ethnicity, race, and
citizenship, etc.; (2) All exhibits, organizational charts, supporting
documentation, and any other materials included with the report (e.g.,
correspondence, letters, etc.), which are associated with processing
Form 323, Form 323-E, or Form 396-B submissions; (3) identifying
information in Form 396-B or its attachments, such as the names of
individuals associated with discrimination complaints and identifying
information included in EEO Public File Reports--an annual report
summarizing various recruitment activities of the licensee--such as the
names of recruitment contacts at various entities; and (4) identifying
information included the EEO Public File Reports attached to the Form
396-C SIS; and (5) Any other records that are submitted in connection
with or created as the result of the filing of Form 323, Form 323-E,
Form 396-B, Form 396-C SIS or EEO Public File Reports.
RECORD SOURCE CATEGORIES:
The sources for the information in this system are all broadcast
stations,
[[Page 74945]]
SDARS licensees, cable operators and DBS providers and other entities
that are required to file an ownership or EEO form or report, either
biennially, upon license renewal or at other occasions, under 47 CFR
73.3615, 73.6026, 74.797, 73.20280, and 76.77 of the Commission's
rules, including information submitted on Form 323, Form 323-E, Form
396-B, Form 396-C SIS or EEO Public File Reports, as described above.
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 of the
FCC as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
1. Public Access--Ownership and EEO Information submitted in Form
323, Form 323-E, Form 396-B, Form 396-C SIS and EEO Public File Reports
in the Consolidated Database System (CDBS), the Licensing and
Management System (LMS), and the Cable Operations and Licensing System
(COALS), as applicable, can be viewed by the public on the Commission's
website.
2. Litigation--Records may be disclosed 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 Department of Justice is for a purpose that is
compatible with the purpose for which the FCC collected the records.
3. Adjudication--Records may be disclosed 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. 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, and determines that a record in this system,
either alone or in conjunction with other information, indicates a
violation or potential violation of law, regulation, policy, consent
decree, order, or other compulsory obligation, the FCC may disclose
pertinent information as it deems necessary to the target of an
investigation, as well as with the 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.
5. Congressional Inquiries--Information may be provided to a
Congressional office in response to an inquiry from that Congressional
office made at the written request of the individual to whom the
information pertains.
6. Government-wide Program Management and Oversight--Information
may be disclosed to the DOJ to obtain that department's advice
regarding disclosure obligations under the Freedom of Information Act
(FOIA); or to the Office of Management and Budget (OMB) to obtain that
office's advice regarding obligations under the Privacy Act.
7. Breach Notification--Records may be disclosed 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 system, programs, and operations), the
Federal Government, or national security; and; 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--Records may be disclosed 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. Non-Federal Personnel--Information may be disclosed 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:
This an electronic system of records that resides on the FCC's
network or on an FCC vendor's network.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records in this system of records can be retrieved by an authorized
FCC user by any category field, e.g., first name or email address.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The information in this system is limited to electronic files,
records, and data, which includes: (1) The information that pertains to
current filing requirements; and (2) the information that pertains to
historical records, which is used for archival purposes. National
Archives and Records Administration (NARA) Records Schedule N1-173-86-
2, authorizes permanent retention of original documents of information
reported pursuant to Sections 73.3613 and 73.3615 of the Commission's
rules, including ownership reports (FCC Form 323). In the absence of a
more specific NARA-approved records schedule, any information in this
system that is not covered by the agency records control schedule N1-
173-86-2 will also be treated as permanent.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Access to the records (i.e., the electronic records, files, and
data) housed in the COALS, CDBS, and LMS databases--distinct from the
public's ability to view the ownership information that is available on
the FCC's website--is restricted to authorized MB and EB supervisory
and staff and IT staff and contractors, who maintain the COALS, CDBS,
and LMS
[[Page 74946]]
network computer databases. Other FCC staff and contractors may be
granted access to this information, only on a ``need-to-know'' basis.
The COALS, CDBS, and LMS databases are part of the FCC's computer
network databases. The records 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. 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), the Office of Management and Budget
(OMB), and the National Institute of Standards and Technology (NIST).
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 request access to and/or amendment of
records about themselves 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 access must also comply with
the FCC's Privacy Act regulations regarding verification of identity to
gain access to records as required under 47 CFR part 0, subpart E.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
81 FR 72047 (October 19, 2016)
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2024-20847 Filed 9-12-24; 8:45 am]
BILLING CODE 6712-01-P
