Privacy Act of 1974; System of Records

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Federal RegisterOct 31, 2024
89 Fed. Reg. 86798 (Oct. 31, 2024)
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    Department of Energy Federal Energy Regulatory Commission

    AGENCY:

    Federal Energy Regulatory Commission (FERC), Department of Energy (DOE).

    ACTION:

    Notice of a modified system of records.

    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 titled “ Commission Parking Records (FERC-31).”

    DATES:

    Comments on this modified system of records must be received no later than 30 days after the date of publication in the Federal Register . 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 pf 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 privacy@ferc.gov. Comments should indicate that they are submitted in response to “ Commission Parking Records (FERC-31).”

    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, privacy@ferc.gov, (202) 502-6432.

    SUPPLEMENTARY INFORMATION:

    In accordance with the Privacy Act of 1974, FERC is updating this notice and republishing it in its entirety. This notice has two (2) new routine uses, routine use 10 and routine use 12. In addition, FERC is amending the following sections to reflect changes made since the publication of the last notice in the Federal Register : dates; addresses; purpose of the system; categories of individuals covered by the system; categories of records in the system; records source categories; policies and practices for storage of records; policies and practices for retention and disposal of records; administrative, technical, physical safeguards; records access procedures; contesting records procedures; notification procedures; and history.

    SYSTEM NAME AND NUMBER:

    Commission Parking Records (FERC-31).

    SECURITY CLASSIFICATION:

    Unclassified.

    SYSTEM LOCATION:

    Federal Energy Regulatory Commission, Logistics Operations, Logistics Management Division, 888 First Street NE, Washington, DC 20426.

    SYSTEM MANAGER(S):

    Logistics Operations Branch Chief, Federal Energy Regulatory Commission, Logistics Operations, Logistics Management Division, 888 First Street NE, Washington, DC 20426.

    AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

    41 CFR 101-20.104.

    PURPOSE(S) OF THE SYSTEM:

    The purpose of the system is to support the overall management of parking operations at the FERC Headquarters garage; to allow authorized users to electronically register their vehicles and to request a parking permit; to assign parking spaces; to monitor parking expenses and the program budget; to notify drivers of emergencies or parking violations; and to match employees in the same zip code area to existing or potential carpools. The information is also used for administrative purposes to ensure quality control, performance, and improving the management of the program.

    CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

    The categories of individuals covered by the system include FERC employees, contractors, vendors, and members of the public who park at the FERC Headquarters garage.

    CATEGORIES OF RECORDS IN THE SYSTEM:

    The categories of records include full name, office address, office and home telephone number, vendor name, vehicle description, license plate number including the state of registration, transaction number, the pass's expiration date, and pass reference number.

    RECORD SOURCE CATEGORIES:

    Records are obtained from current employees, contractors, vendors, and members of the public seeking parking within the FERC Headquarters garage.

    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) are as follows:

    1. To appropriate agencies, entities, and persons when (a) FERC suspects or has confirmed that there has been a breach of the system of records; (b) 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 (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.

    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 (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, 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 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 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, where the record indicates a violation or 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.

    POLICIES AND PRACTICES FOR STORAGE OF RECORDS:

    Records are stored electronically on a FedRAMP-authorized cloud service provider, and on a FedRAMP-authorized SharePoint site. FERC employees and contractors with authorized access have undergone a thorough background security investigation. Data access is restricted to agency personnel whose responsibilities require access. Access to electronic records is controlled by the organization's Single Sign-On and Multi-Factor Authentication Solution. Role based access is used to restrict data access and the organization employs the principle of least privilege, allowing only authorized users with access (or processes acting on behalf of users) necessary to accomplish assigned tasks in accordance with organizational missions and business functions.

    POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:

    Records may be retrieved by name or vehicle license plate number.

    POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:

    Records are retained in accordance with the applicable National Archives and Records Administration (NARA) approved schedules:

    • General Records Schedule (GRS) 5.6: Security Management Records. Item 130: Disposition Authority: DAA-GRS-2021-0001-0006. Disposition: Temporary. Destroy upon immediate collection once the temporary credential or card is returned for potential reissuance due to nearing expiration or not to exceed 6 months from time of issuance or when individual no longer require access, whichever is sooner, but longer retention is authorized if required for business use.
    • FERC Records Schedule VII, Administrative Program Records, Schedule Number N1-138-99-006, Item 1(d), Parking Applications and Support Files. Disposition: Temporary. Destroy after subsequent open season.
    • FERC Records Schedule VII, Administrative Program Records, Schedule Number N1-138-99-006, Item 1(g), Automated Parking System. Disposition: Temporary. Destroy after subsequent open season.

    ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:

    See Policies and Practices for Storage of Records.

    RECORD ACCESS PROCEDURES:

    Individuals requesting access to the contents of records must submit a request through the Freedom of Information Act (FOIA) office. The FOIA website is located at: https://www.ferc.gov/foia. Requests may be submitted through the following portal: https://www.ferc.gov/enforcement-legal/foia/electronic-foia-privacy-act-request-form. Written requests for access to records should be directed to: Director, Office of External Affair, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426.

    CONTESTING RECORD PROCEDURES:

    See Records Access Procedures.

    NOTIFICATION PROCEDURES:

    Generalized notice is provided by the publication of this notice. For specific notice, see Records Access Procedures, above.

    EXEMPTIONS PROMULGATED FOR THE SYSTEM:

    None.

    HISTORY:

    86 FR 72592 (December 22, 2021); 65 FR 21751 (April 24, 2000).

    Dated: October 24, 2024.

    Debbie-Anne A. Reese,

    Secretary.

    [FR Doc. 2024-25278 Filed 10-30-24; 8:45 am]

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