[Federal Register Volume 86, Number 221 (Friday, November 19, 2021)]
[Notices]
[Pages 64923-64925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25285]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Privacy Act of 1974; System of Records

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice of a modified system of records.

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SUMMARY: The Federal Energy Regulatory Commission (FERC) is publishing 
notice of modifications to an existing FERC system of records, FERC-24 
titled Commission Miscellaneous Investigation File. This notice adds 11 
new routine uses, including two prescribed by 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, that 
will permit FERC to disclose information as necessary in response to an 
actual or suspected breach of its own records or to assist another 
agency in its efforts to respond to a breach. This System of Records 
Notice (SORN) also describes the Commission's systems manager and 
location change.

DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this system of 
records notice is effective upon publication, with the exception of the 
routine uses, which will go into effect on December 20, 2021, unless 
comments have been received from interested members of the public 
requiring modification and republication of the notice. Please submit 
any comments by December 20, 2021.

ADDRESSES: Any person interested in commenting on the establishment of 
this modified system of records may do so by submitting comments 
electronically to: [email protected] (Include reference to ``Commission 
Miscellaneous Investigation File'' in the subject line of the message.)
    For United States Postal Service-delivered mail: Director, Office 
of External Affairs, Federal Energy Regulatory Commission, 888 First 
Street NE, Room 4A-05, Washington, DC 20426.
    For hand-delivered or courier-delivered mail: Director, Office of 
External Affairs, Federal Energy

[[Page 64924]]

Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Director, Workforce Relations, Chief 
Human Capital Officer, Office of the Executive Director, 888 First 
Street NE, Washington, DC 20426, (202) 502-6475.

SUPPLEMENTARY INFORMATION: The Commission Miscellaneous Investigation 
File notice is being modified. The notice includes 11 new routine uses, 
including two prescribed routine uses that will permit FERC to disclose 
information as necessary in response to an actual or suspected breach 
of its own records or to assist another agency in its efforts to 
respond to a breach. This notice also addresses the system's manager 
and location change, while also providing additional specificity on the 
category of employees and employee matters contained in the system of 
records.

SYSTEM NAME AND NUMBER:
    Commission Miscellaneous Investigation File: FERC-24.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Federal Energy Regulatory Commission, Office of the Executive 
Director, Workforce Relations Division (CHCO), 888 First Street NE, 
Washington, DC 20426.

SYSTEM MANAGER(S):
    Director, Workforce Relations Division, Chief Human Capital 
Officer, Office of the Executive Director, 888 First Street NE, 
Washington, DC 20426, (202) 502-6475.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The Rehabilitation Act, 29 U.S.C. 791 et. seq.
    Title VII of the Civil Rights Act, 42 U.S.C. 2000e et. seq.
    Executive Order No. 13164.
    Executive Order No. 13991.
    29 CFR part 1614--Federal Sector Equal Employment Opportunity.
    5 CFR part 735--Employee responsibilities and conduct.

PURPOSE(S) OF THE SYSTEM:
    To maintain documentation on employee matters that are not part of 
a formal grievance process require collection of employee information 
by management in order to process request and/or render decisions in 
accordance with applicable law, rule or regulation preserve and 
maintain confidentiality. This may include, among other considerations, 
requests for reasonable accommodation, medical or religious 
accommodation, religious compensatory time off, or anti-harassment 
allegations.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    For matters that do not involve a formal grievance or appeal 
process, or formal Department of Energy Inspector General inquiry, 
which may include among other matters: (1) Employees requesting 
exception to agency policy, adjustment to the job or adjustment to the 
work environment under applicable law, rules or regulations; and (2) 
employees petitioning for informal inquiry into allegations of 
workplace harassment not that are not covered under Title VII.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Formal reports of inquiry and supporting documentation; records of 
actions taken resulting from the inquiry and supporting documentation 
for the inquiry and the response; medical forms, medical documents, 
documentation from healthcare providers, religious affiliation 
information, and other related supporting documents; and decision 
documents.

RECORD SOURCE CATEGORIES:
    Information in this system of records comes from the individual to 
whom it applies; is derived from information supplied by that 
individual; or created by management officials to summarize findings 
and/or develop recommendations for action.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND 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, where the record is 
relevant and necessary to the proceeding and 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

[[Page 64925]]

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, as permitted by 44 
U.S.C. 2904 and 2906.
    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 Office of Personnel Management (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, where the record indicates a violation or 
potential violation of civil or criminal law, rule, regulation, order.
    12. To serve as a data source for OPM or Government Accountability 
Office (GAO) during the course of on-site inspections or audits.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Paper (assorted documents) or electronic media. Data center 
buildings are guarded and monitored by security personnel, cameras, ID 
checks, and other physical security measures. Physical access to the 
server rooms is limited to authorized personnel only. Records are 
maintained in lockable file cabinets in a lockable room with access 
limited to those employees whose official duties require access; 
servers are stored in secured facilities in cipher locked server rooms. 
Computer data is secured by password. The system is secured with the 
safeguards required by FedRAMP and NIST SP 800-53.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records may be retrieved by employee's name or employee ID number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are retained under the National Archives and Records 
Administration's General Records Schedule 2.3. Destroy 3 years after 
being superseded, but longer retention is authorized if required for 
business use. Destroy 3 years after employee separation from the agency 
or all matters are concluded, whichever is later, but longer retention 
is authorized if required for business use.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    All FERC employees and contractors with authorized access have 
undergone a thorough background security investigation. Data access is 
restricted to agency personnel or contractors whose responsibilities 
require access. Access to electronic records is controlled by ``User 
ID'' and password combination and/or other network access or security 
controls (e.g., firewalls). The system is secured with the safeguards 
required by FedRAMP and NIST SP 800-53. Physical access to FERC is 
controlled by security guards and admission is limited to those 
individuals possessing a valid identification card or individuals under 
proper escort.

RECORD ACCESS PROCEDURES:
    Submit a Privacy Act Request:
    The Privacy Act permits access to records about yourself that are 
maintained by FERC in a Privacy Act system of records. In addition, you 
may request that incorrect or incomplete information be changed or 
amended. Privacy requests follow FERC's Freedom of Information Act 
(FOIA) request process. You may access the FOIA website at https://www.ferc.gov/freedom-information-act-foia-and-privacy-act.
    For questions: Contact the FOIA Service Center at 202-502-6088 or 
by email at [email protected]. Written request for access to records 
should be directed to:
    For United States Postal Service-delivered mail: Director, Office 
of External Affairs, Federal Energy Regulatory Commission, 888 First 
Street NE, Washington, DC 20426.
    For hand-delivered or courier-delivered mail: Director, Office of 
External Affairs, Federal Energy Regulatory Commission, 12225 Wilkins 
Avenue, Rockville, Maryland 20852.

CONTESTING RECORD PROCEDURES:
    The Privacy Act permits access to records about yourself that are 
maintained by FERC in a Privacy Act system of records. In addition, you 
may request that incorrect or incomplete information be changed or 
amended. Privacy requests follow FERC's Freedom of Information Act 
(FOIA) request process. You may access the FOIA website at https://www.ferc.gov/freedom-information-act-foia-and-privacy-act.
    For questions: Contact the FOIA Service Center at 202-502-6088 or 
by email at [email protected].
    Written request for access to records should be directed to:
    For United States Postal Service-delivered mail: Director, Office 
of External Affairs, Federal Energy Regulatory Commission, 888 First 
Street NE, Washington, DC 20426.
    For hand-delivered or courier-delivered mail: Director, Office of 
External Affairs, Federal Energy Regulatory Commission, 12225 Wilkins 
Avenue, Rockville, Maryland 20852.

NOTIFICATION PROCEDURES:
    The Privacy Act permits access to records about yourself that are 
maintained by FERC in a Privacy Act system of records. In addition, you 
may request that incorrect or incomplete information be changed or 
amended.
    Privacy requests follow FERC's Freedom of Information Act (FOIA) 
request process. You may access the FOIA website at https://www.ferc.gov/freedom-information-act-foia-and-privacy-act.
    For questions: Contact the FOIA Service Center at 202-502-6088 or 
by email at [email protected].
    Written request for access to records should be directed to:
    For United States Postal Service-delivered mail: Director, Office 
of External Affairs, Federal Energy Regulatory Commission, 888 First 
Street NE, Washington, DC 20426.
    For hand-delivered or courier-delivered mail: Director, Office of 
External Affairs, Federal Energy Regulatory Commission, 12225 Wilkins 
Avenue, Rockville, Maryland 20852.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    FERC-24 Commission Miscellaneous Investigation File was last 
published at Federal Register Vol. 65, No. 79, Monday, April 24, 2000.

    Dated: November 16, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-25285 Filed 11-18-21; 8:45 am]
BILLING CODE 6717-01-P