[Federal Register Volume 88, Number 182 (Thursday, September 21, 2023)]
[Notices]
[Pages 65165-65167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20457]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Privacy Act of 1974; System of Records

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

ACTION: Notice of a modified system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, all agencies are 
required to publish in the Federal Register a notice of their systems 
of records. Notice is hereby given that the Federal Energy Regulatory 
Commission (FERC) is publishing a notice of modifications to an 
existing FERC system of records, FERC--42 titled ``Commission Security 
Access and Control Records.''

DATES: Please submit comments on this modified system of records on or 
before October 23, 2023. These new routine uses are effective October 
23, 2023. If no public comment is received during this period or unless 
otherwise published in the Federal Register by FERC, the modified 
system of records will become effective a minimum of 30 days after the 
date of publication in the Federal Register. If FERC receives public 
comments, FERC shall review the comments to determine whether any 
changes to the notice are necessary.

ADDRESSES: Comments may be submitted in writing to Federal Energy 
Regulatory Commission, 888 First Street NE, Washington, DC 20426 or 
electronically to [email protected]. Comments should indicate that they 
are submitted in response to ``Commission Security Access and Control 
Records'' (FERC--42).

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

SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974, 
and to comply with the Office of Management and Budget (OMB) Memorandum 
M-17-12, Preparing for and Responding to a Breach of Personally 
Identifiable Information, January 3, 2017, this notice will incorporate 
two new routine uses that permit FERC to disclose information as 
necessary in response to an actual or suspected breach that pertains to 
a breach of its own records or to assist another agency in its efforts 
to respond to a breach that was previously published separately at 87 
FR 35543 and added 11 routine uses that are consistent with OPM 
guidance. The following sections have been updated: dates; addresses; 
for further contact information; system name and number; system 
location; system manager; authority for maintenance of the system; 
purpose; categories of individuals covered by the system; categories of 
records in the system; routine uses of records maintained in the 
system, including categories of users and the purpose of such; policies 
and practices for storage of records; policies and practices for 
retrieval of records; policies and practices for retention and disposal 
of records; administrative, technical, and physical safeguards; record 
access procedures; contesting record procedures; notification 
procedures; and history.

SYSTEM NAME AND NUMBER:
    Commission Security Access and Control Records (FERC--42)

[[Page 65166]]

SECURITY CLASSIFICATION:
    Unclassified.

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

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

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    41 CFR 102-74.375

PURPOSE(S) OF THE SYSTEM:
    Records in this system of records are maintained for the following 
purposes: providing access control permission to FERC's facilities as 
well as visitors' security and management.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The following categories of individuals are covered by this system: 
current and former FERC employees, current and former FERC contractors, 
and members of the public visiting FERC facilities.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records maintained in this system include: full name; telephone 
number; badge access permission; signature; driver license and/or ID 
information including ID number, date of issuance, state of issuance, 
expiration date, and other identifying information contained therein; 
passport information including number, issuance date, expiration date, 
and other identifying information contained therein; digital copies of 
diver license, ID, and passport; and the date, time and entry point of 
building access.

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

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

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Electronic records are stored in FERC IT system and access to 
electronic records is controlled by User ID and password combination 
and/or the organizations Single Sign-On and Multi-Factor Authentication 
solution. Paper records are stored in a lockable file room. Access to 
electronic and paper records is restricted to those individuals whose 
official duties require access.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by the individual's name, date, employee 
badge number, card reader, or other

[[Page 65167]]

identifying information provided by the individual.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are retained and disposed of in accordance with the 
schedule approved under the National Archives and Records 
Administration's General Records Schedule 5.6: Security Management 
Records:
    Item 110: Visitor Processing Records, areas requiring highest level 
security awareness, Disposition Authority: DAA-GRS-2017-0006-0014. 
Temporary. Destroy when 5 (five) years old, but longer retention is 
authorized if required for business use.
    Item 111: Visitor Processing Records, all other facility security 
areas, Disposition Authority: DAA-GRS-2017-006-0015. Temporary. Destroy 
when two (2) years old but longer retention is authorized if required 
for business use.
    Item 120: Personal Identification Credentials and Cards, 
Application and Activation Records, Disposition Authority: DAA-GRS-
2021-0001-0005. Temporary. Destroy six (6) years after the end of an 
employee or contractor's tenure, but longer retention is authorized if 
required for business use.

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

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

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    65 FR 21756.

    Issued: September 15, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-20457 Filed 9-20-23; 8:45 am]
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