[Federal Register Volume 89, Number 117 (Monday, June 17, 2024)]
[Notices]
[Pages 51321-51323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13259]


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DEPARTMENT OF ENERGY


Privacy Act of 1974; System of Records

AGENCY: U.S. Department of Energy.

ACTION: Notice of a modified system of records.

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SUMMARY: As required by the Privacy Act of 1974 and the Office of 
Management and Budget (OMB) Circulars A-108 and A-130, the Department 
of Energy (DOE or the Department) is publishing notice of a 
modification to an existing Privacy Act system of records. DOE proposes 
to amend System of Records DOE-4 Form EIA-457 Survey Reports, 
Residential Energy Consumption Survey (RECS). This System of Records 
Notice (SORN) is being modified to align with new formatting 
requirements, published by OMB, and to ensure appropriate Privacy Act 
coverage of business processes and Privacy Act information. In 
``Categories of Records,'' the following data elements have been 
changed: ``family size and composition'' has been changed to ``number 
of household members'' and ``number of children in the household.'' 
Similarly, ``identification number'' has been changed to ``utility or 
energy supplier account number associated with the address.'' 
``Characteristics of household'' has been changed to ``physical and 
structural characteristics of housing unit,'' and ``names and addresses 
of energy suppliers'' has been changed to names and addresses of 
household energy suppliers.'' Additional categories of records include: 
``email address'', ``geolocation of address'', ``education level'', and 
``challenges the household may have had paying energy bills.'' While 
there are no substantive changes to the ``Categories of Individuals'' 
section covered by this SORN, substantive changes have been made to the 
``System Locations,'' ``Routine Uses,'' and ``Administrative, Technical 
and Physical Safeguards'' sections to provide greater transparency. 
Changes to ``Routine Uses'' include new

[[Page 51322]]

provisions related to responding to breaches of information held under 
a Privacy Act SORN as required by OMB's Memorandum M-17-12, ``Preparing 
for and Responding to a Breach of Personally Identifiable Information'' 
(January 3, 2017). Language throughout the SORN has been updated to 
align with applicable Federal privacy laws, policies, procedures, and 
best practices.

DATES: This modified SORN will become applicable following the end of 
the public comment period on July 17, 2024 unless comments are received 
that result in a contrary determination.

ADDRESSES: Written comments should be sent to the DOE Desk Officer, 
Office of Information and Regulatory Affairs, Office of Management and 
Budget, New Executive Office Building, Room 10102, 735 17th Street NW, 
Washington, DC 20503 and to Ken Hunt, Chief Privacy Officer, U.S. 
Department of Energy, 1000 Independence Avenue SW, Rm. 8H-085, 
Washington, DC 20585, by facsimile at (202) 586-8151, or by email at 
[email protected].

FOR FURTHER INFORMATION CONTACT: Ken Hunt, Chief Privacy Officer, U.S. 
Department of Energy, 1000 Independence Avenue SW, Rm. 8H-085, 
Washington, DC 20585 or by facsimile at (202) 586-8151, by email at 
[email protected], or by telephone at (240) 686-9485.

SUPPLEMENTARY INFORMATION: On January 9, 2009, DOE published a 
Compilation of its Privacy Act systems of records, which included 
System of Records DOE-4 Form EIA-457 Survey Reports, Residential Energy 
Consumption Survey (RECS). This notice proposes the following 
amendments. In the ``Routine Uses'' section, this modified notice 
deletes a previous routine use concerning efforts responding to a 
suspected or confirmed loss of confidentiality of information as it 
appears in DOE's compilation of its Privacy Act systems of records 
(January 9, 2009) and replaces it with one to assist DOE with 
responding to a suspected or confirmed breach of its records of 
Personally Identifiable Information (PII), modeled with language from 
OMB's Memorandum M-17-12, ``Preparing for and Responding to a Breach of 
Personally Identifiable Information'' (January 3, 2017). Further, this 
notice adds one new routine use to ensure that DOE may assist another 
agency or entity in responding to the other agency's or entity's 
confirmed or suspected breach of PII, as appropriate, as aligned with 
OMB's Memorandum M-17-12. An administrative change required by the FOIA 
Improvement Act of 2016 extends the length of time a requestor is 
permitted to file an appeal under the Privacy Act from 30 to 90 days. 
Both the ``System Locations'' and ``Administrative, Technical and 
Physical Safeguards'' sections have been modified to reflect the 
Department's usage of cloud-based services for records storage. 
Language throughout the SORN has been updated to align with applicable 
Federal privacy laws, policies, procedures, and best practices.

SYSTEM NAME AND NUMBER:
    DOE-4 Form EIA-457 Survey Reports, Residential Energy Consumption 
Survey (RECS).

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Systems leveraging this SORN may exist in multiple physical or 
cloud locations. All systems storing records in a cloud-based server 
are required to use government-approved cloud services and follow 
National Institute of Standards and Technology (NIST) security and 
privacy standards for access and data retention. Records maintained in 
a government-approved cloud server are accessed through secure data 
centers in the continental United States.
    U.S. Department of Energy, Energy Information Administration (EIA), 
1000 Independence Avenue SW, Washington, DC 20585.

SYSTEM MANAGER(S):
    Headquarters: Administrator, Energy Information Administration, 
U.S. Department of Energy, 1000 Independence Avenue SW, Washington, DC 
20585.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    42 U.S.C. 7101 et seq. and 50 U.S.C. 2401 et seq.

PURPOSE(S) OF THE SYSTEM:
    Records in this system are used and maintained by DOE to estimate 
household energy characteristics, consumption, and expenditures. The 
information also is used for analyzing changes in the residential 
sector and projecting future energy consumption and cost.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Persons responding to the Form EIA-457, Residential Energy 
Consumption Survey (RECS) and associated respondent pretesting 
activities.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Name, telephone number, email address, respondent home address, 
geolocation of address, utility or energy supplier account number 
associated with the address, energy program benefit data, age, gender, 
race, ethnicity, household income, education level, number of household 
members, number of children in the household, challenges the household 
may have had paying energy bills, fuels used, physical and structural 
characteristics of housing unit, possession of electric and hybrid 
vehicles, name and address of property owner, names and addresses of 
household energy suppliers, and records of energy purchases.

RECORD SOURCE CATEGORIES:
    The subject household residents and energy supply companies.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    1. A record from this system may be disclosed as a routine use to 
DOE contractors in performance of their contracts, and their officers 
and employees who have a need for the record in the performance of 
their duties.
    2. A record from this system may be disclosed to other federal 
government agencies or contractors working on their behalf under a 
written agreement to maintain the confidentiality of the record, to use 
the information for exclusively statistical purposes, and to use the 
information consistent with the purpose cited above. Those provided 
information under the routine uses are subject to the Privacy Act.
    3. A record from this system may be disclosed as a routine use to a 
member of Congress submitting a request involving a constituent when 
the constituent has requested assistance from the member concerning the 
subject matter of the record. The member of Congress must provide a 
copy of the constituent's signed request for assistance.
    4. A record from this system may be disclosed as a routine use to 
appropriate agencies, entities, and persons when (1) the Department 
suspects or has confirmed that there has been a breach of the system of 
records; (2) the Department has determined that as a result of the 
suspected or confirmed breach there is a risk of harm to individuals, 
DOE (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 Department's efforts to respond to the 
suspected or

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confirmed breach or to prevent, minimize, or remedy such harm.
    5. A record from this system may be disclosed as a routine use to 
another Federal agency or Federal entity, when the Department 
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.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records may be stored as paper records or electronic media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by name, home address and latitude and 
longitude of the address.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Retention and disposition of these records is in accordance with 
the National Archives and Records Administration approved records 
disposition schedule with a 5-year retention.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Electronic records may be secured and maintained on a cloud-based 
software server and operating system that resides in Federal Risk and 
Authorization Management Program (FedRAMP) and Federal Information 
Security Modernization Act (FISMA) hosting environment. Data located in 
the cloud-based server is firewalled and encrypted at rest and in 
transit. The security mechanisms for handling data at rest and in 
transit are in accordance with DOE encryption standards. Records are 
protected from unauthorized access through the following appropriate 
safeguards:
     Administrative: Access to all records is limited to lawful 
government purposes only, with access to electronic records based on 
identity, credential, and access management (ICAM). Additionally, 
access policies are based on NIST guidance. Users accessing system 
records undergo frequent training in Privacy Act and information 
security requirements. Security and privacy controls are reviewed on an 
ongoing basis.
     Technical: Computerized records systems are safeguarded on 
Departmental networks configured for role-based access based on job 
responsibilities and organizational affiliation. Privacy and security 
controls are in place for this system and are updated in accordance 
with applicable requirements as determined by NIST and DOE directives 
and guidance.
     Physical: Computer servers on which electronic records are 
stored are located in secured Department facilities, which are 
protected by security guards, identification badges, and cameras. Paper 
copies of all records are locked in file cabinets, file rooms, or 
offices and are under the control of authorized personnel. Access to 
these facilities is granted only to authorized personnel and each 
person granted access to the system must be an individual authorized to 
use or administer the system.

RECORD ACCESS PROCEDURES:
    The Department follows the procedures outlined in 10 CFR 1008.4. 
Valid identification of the individual making the request is required 
before information will be processed, given, access granted, or a 
correction considered, to ensure that information is processed, given, 
corrected, or records disclosed or corrected only at the request of the 
proper person.

CONTESTING RECORD PROCEDURES:
    Any individual may submit a request to the System Manager and 
request a copy of any records relating to them. In accordance with 10 
CFR 1008.11, any individual may appeal the denial of a request made by 
him or her for information about or for access to or correction or 
amendment of records. An appeal shall be filed within 90 calendar days 
after receipt of the denial. When an appeal is filed by mail, the 
postmark is conclusive as to timeliness. The appeal shall be in writing 
and must be signed by the individual. The words ``PRIVACY ACT APPEAL'' 
should appear in capital letters on the envelope and the letter. 
Appeals relating to DOE records shall be directed to the Director, 
Office of Hearings and Appeals (OHA), 1000 Independence Avenue SW, 
Washington, DC 20585.

NOTIFICATION PROCEDURES:
    In accordance with the DOE regulation implementing the Privacy Act, 
10 CFR part 1008, a request by an individual to determine if a system 
of records contains information about themselves should be directed to 
the U.S. Department of Energy, Headquarters, Privacy Act Officer. The 
request should include the requester's complete name and the time 
period for which records are sought.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    This SORN was last published in the Federal Register, 74 FR 1002-
1003, on January 9, 2009.

Signing Authority

    This document of the Department of Energy was signed on June 11, 
2024, by Ann Dunkin, Senior Agency Official for Privacy, pursuant to 
delegated authority from the Secretary of Energy. That document with 
the original signature and date is maintained by DOE. For 
administrative purposes only, and in compliance with requirements of 
the Office of the Federal Register, the undersigned DOE Federal 
Register Liaison Officer has been authorized to sign and submit the 
document in electronic format for publication, as an official document 
of the Department of Energy. This administrative process in no way 
alters the legal effect of this document upon publication in the 
Federal Register.

    Signed in Washington, DC, on June 12, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2024-13259 Filed 6-14-24; 8:45 am]
BILLING CODE 6450-01-P