[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Notices]
[Pages 69180-69182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22161]


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FEDERAL COMMUNICATIONS COMMISSION

[FR ID: 176663]


Privacy Act 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/CGB-2, 
Comment Filing System (ECFS), 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 Commission uses 
this system to handle and process public comments related to FCC 
rulemakings and other proceedings. This modification changes the name 
of the former FCC/CGB-2 SORN to FCC/OS-1 and makes various necessary 
changes and updates, including clarification of the purpose of the 
system, formatting changes required by OMB Circular A-108 since its 
previous publication, and the addition of new routine uses.

DATES: This modified system of records will become effective on October 
5, 2023. Written comments on the routine uses are due by November 6, 
2023. The routine uses in this action will become effective on November 
6, 2023 unless comments are received that require a contrary 
determination.

ADDRESSES: Send comments to Katherine C. Clark, Federal Communications 
Commission, 45 L Street NE, Washington, DC 20554 or [email protected].

FOR FURTHER INFORMATION CONTACT: Katherine C. Clark, (202) 418-1773, or 
[email protected] (and to obtain a copy of the Narrative Statement and 
the Supplementary Document, which include details of the proposed 
alterations 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/CGB-2 by publication in the Federal Register on April 5, 
2006 (71 FR 417236).
    This notice serves to update and modify FCC/CGB-2 and rename it 
FCC/OS-1 as a result of the various necessary changes and updates since 
its previous publication. The substantive changes and modifications to 
the previously published version of the FCC/CGB-2 system of records 
include:
    1. Updating the name of the SORN from FCC/CGB-2, Comment Filing 
System (ECFS), to FCC/OS-1, Electronic Comment Filing System (ECFS) to 
reflect that the FCC's Office of the Secretary has replaced the 
Consumer and Governmental Affairs Bureau as the system manager;
    2. 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;
    3. Updating and/or revising language in the following five routine 
uses (listed by current routine use number): (1) Public Access; (2) FCC 
Enforcement Actions; (5) Law Enforcement and Investigation; (6) 
Congressional Inquiries; and (7) Government-wide Program Management and 
Oversight;
    4. Converting the former Adjudication and Litigation routine use 
into two separate revised routine uses: (3) Litigation and (4) 
Adjudication;
    5. Adding three new routine uses (listed by current routine use 
number): (8) Breach Notification, which is required by OMB Memorandum 
No. M-17-12, (9) Assistance to Federal Agencies and Entities Related to 
Breaches--to assist with other Federal agencies' data breach 
situations, which is also required by OMB Memorandum No. M-17-12; and 
(10) Non-Federal Personnel--to allow contractors, vendors, grantees, 
and volunteers who

[[Page 69181]]

have been engaged to assist the FCC in the performance of a contract 
service, grant, or cooperative agreement to access necessary 
information;
    6. Adding a reference to the appropriate records retention and 
disposal schedule.

SYSTEM NAME AND NUMBER:
    FCC/OS-1, Electronic Comment Filing System (ECFS).

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Office of the Secretary, Federal Communications Commission, 45 L 
Street NE, Washington, DC 20554 and 1270 Fairfield Road, Gettysburg, PA 
17325.

SYSTEM MANAGER(S):
    Office of the Secretary, Federal Communications Commission (FCC), 
45 L Street NE, Washington, DC 20554.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    44 U.S.C. chapter 36; 47 U.S.C. 151 and 154; and sections 504 and 
508 of the Rehabilitation Act, 29 U.S.C. 794.

PURPOSE(S) OF THE SYSTEM:
    The ECFS collects comments received by the FCC, whether 
electronically through the ECFS via an internet web-browser, by mail, 
or by hand delivery of paper copy, as well as other files and records 
submitted in response to Commission rulemakings and docketed 
proceedings, and by the FCC's administrative law staff as the 
repository for official records for administrative proceedings. In 
order to comply with the requirements of various statutes and 
regulations, the FCC offers multiple avenues through which the public 
can be involved in the FCC decision-making process and can inform the 
FCC of concerns regarding compliance with FCC rules and requirements. 
Collecting and maintaining these types of information allows the FCC to 
be fully informed in decision-making, implementation, and enforcement 
endeavors. The ECFS also allows staff access to documents necessary for 
key activities discussed in this SORN including analyzing effectiveness 
and efficiency of related FCC programs and informing future rule and 
policy-making activity, and improve staff efficiency. Records in this 
system are available for public inspection.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals and representatives of groups, companies, and other 
entities who have filed comments as well as other files and records in 
FCC rulemakings and docketed proceedings or other matters arising under 
the Communications Act of 1934, as amended, and the Rehabilitation Act.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Comments received by the FCC, whether electronically through the 
Electronic Comment Filing System (ECFS) via an internet web-browser, by 
mail, or by hand delivery of paper copy. The system also contains other 
files and records submitted in response to Commission rulemakings and 
docketed proceedings, and by the FCC's administrative law staff as the 
repository for official records arising out of the conduct of 
administrative proceedings.

RECORD SOURCE CATEGORIES:
    Information in this system is provided by individuals, groups, 
companies, and other entities who make or provide comments or other 
files and records in FCC rulemakings and docketed proceedings, as well 
as FCC staff.

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:
    1. Public Access--Under the rules of the Commission, public 
comments as well as other files and records submitted in rulemakings 
and other docketed proceedings are routinely available to the public--
unless confidentiality is requested (47 CFR 0.459)--via the ECFS and 
may also be disclosed to the public in Commission releases.
    2. FCC Enforcement Actions--When a record in this system involves 
an informal complaint filed alleging a violation of FCC rules, 
regulations, orders, or requirements by an applicant, licensee, 
certified or regulated entity, or an unlicensed person or entity, the 
complaint may be provided to the alleged violator for a response. Where 
a complainant in filing his or her complaint explicitly requests 
confidentiality of his or her name from public disclosure, the 
Commission will endeavor to protect such information from public 
disclosure. Complaints that contain requests for confidentiality may be 
dismissed if the Commission determines that the request impedes the 
Commission's ability to investigate and/or resolve the complaint.
    3. 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 
Department of Justice is for a purpose that is compatible with the 
purpose for which the FCC collected the records.
    4. 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.
    5. Law Enforcement and Investigation--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, or order, where the FCC 
becomes aware of an indication of a violation or potential violation of 
civil or criminal law or regulation.
    6. 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.
    7. Government-wide Program Management and Oversight--To DOJ to 
obtain that department's advice regarding disclosure obligations under 
the Freedom of Information Act (FOIA); or to OMB to obtain that 
office's advice regarding obligations under the Privacy Act.
    8. 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

[[Page 69182]]

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.
    9. 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.
    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:
    This an electronic system of records that resides on the FCC's 
network.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records in this system of records can be retrieved by any category 
field, e.g., individual name, entity name, rulemaking number, and/or 
docket number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The information in this system is maintained and disposed of in 
accordance with the National Archives and Records Administration (NARA) 
General Records Schedule 6.6: Rulemaking Records (DAA-GRS-2017-0012).

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    The electronic records, files, and data are stored in a database 
housed in the FCC computer network. While comments and other files and 
records are generally publicly available, access to certain information 
associated with filings 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 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 Procedure 
below.

CONTESTING RECORD PROCEDURES:
    Individuals wishing to request access to and/or amendment of 
records about themselves should follow the Notification Procedure 
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:
    71 FR 17236 (April 5, 2006).

Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2023-22161 Filed 10-4-23; 8:45 am]
BILLING CODE 6712-01-P