[Federal Register Volume 76, Number 181 (Monday, September 19, 2011)]
[Notices]
[Pages 57989-57992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23929]
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FEDERAL COMMUNICATIONS COMMISSION
Privacy Act System of Records
AGENCY: Federal Communications Commission.
ACTION: Notice.
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SUMMARY: Pursuant to subsection (e)(4) of the Privacy Act of 1974, as
amended (``Privacy Act''), 5 U.S.C. 552a, the Federal Communications
Commission (FCC or Commission) proposes to add one new, consolidated
system of records, FCC/PSHSB-1, ``FCC Emergency and Continuity Contacts
System (ECCS).'' FCC/PSHSB-1, ``FCC Emergency and Continuity Contacts
System (ECCS)'' will incorporate the information, e.g., personally
identifiable information (PII), presently covered by two FCC systems of
records, FCC/EB-4, ``Crisis Management Contacts,'' and FCC/OMD-11,
``Continuity of Operations Plan (COOP),'' and also add new and/or
updated information that pertains to the mission and activities of the
FCC's Public Safety and Homeland Security Bureau (PSHSB). Upon approval
of FCC/PSHSB-1, ``FCC Emergency and Continuity Contacts System
(ECCS),'' the Commission will cancel FCC/EB-4 and FCC/OMD-11. The
purposes for adding this new system of records, FCC/PSHSB-1, ``FCC
Emergency and Continuity Contacts System (ECCS),'' are for PSHSB to use
the records in this system of records to allow the FCC to use:
The information in the Emergency Contacts database to coordinate
crisis response activities, etc.;
The information in the Continuity of Operations Plan (COOP)
Contacts database to contact FCC employees and contractors regarding
COOP matters, etc.; and
An automated telephone and e-mail system to contact its Emergency
Contacts and COOP Contacts, etc.
The new system of records will consolidate the systems of records
in these two separate internal databases that the Bureau currently uses
so that all the PII are now housed in a single PSHSB database for the
PSHSB's
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emergency operations and related activities.
DATES: In accordance with subsections (e)(4) and (e)(11) of the Privacy
Act, any interested person may submit written comments concerning the
alteration of this system of records on or before October 19, 2011. The
Office of Information and Regulatory Affairs (OIRA), Office of
Management and Budget (OMB), which has oversight responsibility under
the Privacy Act to review the system of records, and Congress may
submit comments on or before October 31, 2011. The proposed new system
of records will become effective on October 31, 2011 unless the FCC
receives comments that require a contrary determination. The Commission
will publish a document in the Federal Register notifying the public if
any changes are necessary. As required by 5 U.S.C. 552a(r) of the
Privacy Act, the FCC is submitting reports on this proposed new system
to OMB and Congress.
ADDRESSES: Address comments to Leslie F. Smith, Privacy Analyst,
Performance Evaluation and Records Management (PERM), Room 1-C216,
Federal Communications Commission (FCC), 445 12th Street, SW.,
Washington, DC 20554, (202) 418-0217, or via the Internet at
[email protected].
FOR FURTHER INFORMATION: Contact Leslie F. Smith, Performance
Evaluation and Records Management (PERM), Room 1-C216, Federal
Communications Commission, 445 12th Street, SW., Washington, DC 20554,
(202) 418-0217 or via the Internet at [email protected].
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 this proposed new system of records maintained by the FCC.
The FCC previously gave complete notice of the two systems of records,
FCC/EB-4, ``Crisis Management Contacts'' and FCC/OMD-11, ``Continuity
of Operations Plan (COOP),'' which it intends to cancel upon approval
of FCC/PSHSB-1, ``FCC Emergency and Continuity Contacts System
(ECCS),'' as referenced under this Notice by publication in the Federal
Register on April 5, 2006 (71 FR 17234, 17239 and 17254 respectively).
This notice is a summary of the more detailed information about the
proposed new system of records, which may be viewed at the location
given above in the ADDRESSES section. The purposes for adding this new
system of records, FCC/PSHSB-1, ``FCC Emergency and Continuity Contacts
System (ECCS),'' are for the FCC's Public Safety and Homeland Security
Bureau (PSHSB) to use the records in FCC/PSHSB-1 to allow the FCC to
use:
1. The information in the Emergency Contacts database to coordinate
crisis response activities, etc.;
2. The information in the COOP Contacts database to contact FCC
employees and contractors regarding COOP matters, etc.; and
3. An automated telephone and e-mail system to contact its
Emergency Contacts and COOP Contacts, etc.
The new system of records will consolidate the two separate
internal systems of records that PSHSB currently uses so that all the
PII data are now housed in a single PSHSB database for the PSHSB's
emergency operations and related activities.
This notice meets the requirement documenting the change to the
systems of records that the FCC maintains, and provides the public,
OMB, and Congress with an opportunity to comment.
FCC/PSHSB-1
SYSTEM NAME:
FCC Emergency and Continuity Contacts System (ECCS).
SECURITY CLASSIFICATION:
The Security Operations Center (SOC) has not assigned a security
classification to the FCC EPS; however, information in this system may
be designated as ``Non Public,'' or ``For Internal Use Only,'' Or ``For
Official Use Only.''
SYSTEM LOCATION:
Public Safety and Homeland Security Bureau (PSHSB), Federal
Communications Commission, 445 12th Street, SW., Washington, DC 20554.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The categories of individuals in the FCC EPS include:
1. Emergency Contacts: FCC employees, Federal Government contacts,
State, Tribal, Territorial, Local Government and private sector
contacts along with institutions, organizations, and individuals with
crisis management and emergency preparedness functions, etc.
2. Continuity of Operations (COOP) Contacts: Bureau and Office
Emergency Response Group (ERG) and Devolution Emergency Response Group
(DERG) members (employees and contractors) and FCC and Bureau and
Office lines of succession.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records in the FCC EPS include:
1. Emergency Contacts: Individual and/or business name(s), position
title, business telephone number(s), business cell phone number(s),
business satellite phone number(s), business pager number(s), business
facsimile number(s), business address(es), business e-mail address(es),
home telephone number(s), personal cell phone number(s), personal pager
number (s), personal facsimile number(s), and personal e-mail
address(es), etc.; and
2. COOP Contacts: FCC members, FCC employee's and contractor's
name(s), position title, security clearance information, line of
succession information, work and personal telephone number(s), work and
personal facsimile number(s), work and personal cell phone number(s),
satellite telephone number(s), FCC Government Emergency
Telecommunications System (GETS) and Wireless Priority System (WPS)
information, satellite telephone number(s), Government passport
numbers, work and personal pager number(s), and work and personal e-
mail address(es), etc.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Executive Order 12472, Assignment of National Security and
Emergency Preparedness Telecommunications Functions, April 3, 1984, as
amended February 28, 2003 and June 26, 2006; Presidential Decision
Directive 67, Enduring Constitutional Government and Continuity of
Government Operations, October 21, 1998; Homeland Security Act of 2002
(6 U.S.C. Sec. 101 et seq.), November 25, 2002; National Security
Presidential Directive 51/Homeland Security Presidential Directive 20,
National Continuity Policy, May 9, 2007; National Communications System
Directive 3-10, Minimum Requirements for Continuity Communications
Capabilities, July 25, 2007; National Continuity Policy Implementation
Plan, Homeland Security Council, August 2007; Federal Continuity
Directive 1, Federal Executive Branch National Continuity Program and
Requirements, February 2008; Federal Continuity Directive 2, Federal
Executive Branch Mission Essential Function and Primary Mission
Essential Function Identification and Submission Process, February
2008.
PURPOSE(S):
The FCC uses the records in the FCC ECCS:
1. Emergency Contacts: To allow the FCC to coordinate crisis
response activities, etc.;
2. COOP Contacts: To allow the FCC to contact FCC employees and
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contractors regarding COOP matters, etc.; and
3. To allow the FCC to use an automated telephone and e-mail system
to contact its Emergency Contacts and COOP Contacts, etc.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Information about individuals in this system of records may
routinely be disclosed under the following conditions:
1. Emergency Response--A record of an individual in this system of
records may be disclosed to emergency medical personnel, i.e., doctors,
nurses, and/or paramedics, to law enforcement officials or other first
responders and emergency officials in case of a medical or other
emergency involving the FCC employee or contractor without the
subsequent notification to the individual identified in 5 U.S.C.
552a(b)(8);
2. Adjudication and Litigation--Where by careful review, the agency
determines that the records are both relevant and necessary to
litigation and the use of such records is deemed by the agency to be
for a purpose that is compatible with the purpose for which the agency
collected the records, these records may be used by a court or
adjudicative body in a proceeding when: (a) The agency or any component
thereof; or (b) any employee of the agency in her or her official
capacity; or (c) any employee of the agency in his or her individual
capacity where the agency has agreed to represent the employee; or (d)
the United States Government is a party to litigation or has an
interest in such litigation;
3. Law enforcement and Investigation--Where there is an indication
of a violation or potential violation of a statute, regulation, rule,
or order, records from this system may be shared with appropriate
Federal, State, or local authorities either for purposes of obtaining
additional information relevant to a FCC decision or for referring the
record for investigation, enforcement, or prosecution by another
agency;
4. Congressional Inquiries--When requested by a Congressional
office in response to a written inquiry by an individual made to the
Congressional office for the individual's own records;
5. Government-wide Program Management and Oversight--When requested
by the National Archives and Records Administration (NARA) and/or the
General Services Administration (GSA) for the purpose of records
management inspections conducted under authority of 44 U.S.C. 2904 and
2906; when the U.S. Department of Justice (DOJ) is contacted in order
to obtain that department's advice regarding disclosure obligations
under the Freedom of Information Act; or when the Office of Management
and Budget (OMB) is contacted in order to obtain that office's advice
regarding obligations under the Privacy Act;
6. Employment, Clearances, Licensing, Contract, Grant or other
Benefits Decisions by the agency--A disclosure may be made to Federal,
State, local or foreign agency maintaining civil, criminal, or other
relevant enforcement records, or other pertinent records, or to another
public authority or professional organization, if necessary to obtain
information relevant to an investigation concerning the retention of an
employee or other personnel action (other than hiring), the retention
of a security clearance, the letting of a contract, or the issuance or
retention of a grant, or other benefit;
7. Labor Relations--A record from this system may be disclosed to
officials of labor organizations recognized under 5 U.S.C. chapter 71
upon receipt of a formal request and in accord with the conditions of 5
U.S.C. 7114 when relevant and necessary to their duties of exclusive
representation concerning personnel policies, practices, and matters
affecting working conditions.
8. Breach Notification--A record from this system may be disclosed
to appropriate agencies, entities, and persons when (1) the Commission
suspects or has confirmed that the security or confidentiality of
information in the system of records has been compromised; (2) the
Commission has determined that as a result of the suspected or
confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by the Commission or another agency or entity) that rely
upon the compromised information; 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 compromise and prevent, minimize, or remedy such harm;
9. First Responders--A record from this system of records may be
disclosed to law enforcement officials, Department of Homeland Security
(DHS), Federal Emergency Management Agency (FEMA), Department of
Defense (DOD), National Telecommunications and Information
Administration (NTIA), White House Communications Agency, other Federal
agencies, and state and local emergency response officials, e.g., fire,
safety, and rescue personnel, etc., and medical personnel, e.g.,
doctors, nurses, and paramedics, etc., in case of an emergency
situation at FCC facilities, without the subsequent notification to the
individual identified in 5 U.S.C. 552a(b)(8); and
10. Contracted Third Parties--A record of this system may be
disclosed to external contracted parties throughout the United States
for required maintenance, data input, and/or extraction requirements,
testing, and activation of an automated telephone and e-mail system.
In each of these cases, the FCC will determine whether disclosure
of the records is compatible with the purpose for which the records
were collected.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Information in the FCC ECCS consists of electronic data, files, and
records, which are housed in the FCC's computer network databases, and
paper documents, files, and records, which are stored in file cabinets
in the PSHSB office suite.
RETRIEVABILITY:
Information in the Emergency Contacts and the COOP Contacts
databases is retrieved by searching any field in the respective
database;
SAFEGUARDS:
1. Emergency Contacts: The paper records, documents, and files are
stored in filing cabinets in the PSHSB office suite, which are locked
when not in use. The electronic records, files, and data are maintained
in the FCC's network computer databases and by a third-party vendor.
2. COOP Contacts: The paper records, documents, and files are
stored in filing cabinets in the PSHSB office suite, which are locked
when not in use. The electronic records, files, and data are maintained
in the FCC's network computer databases.
The FCC's computer networks that house the Emergency Contacts
database and the COOP Contact database are protected by the FCC's
security protocols, which include controlled access, passwords, and
other security features. Information resident on the Emergency Contacts
and COOP Contacts database servers is backed-up per FCC Office of
Managing Director protocols.
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The information in the Emergency Contacts database and COOP
Contacts database is only available for review and updating by the
employees and contractors (whose information is maintained in the
databases), Bureau/Office administrative personnel, and FCC management
on a need-to- know basis. Authorized PSHSB supervisors and staff also
have access to the paper documents, files, and records that are stored
in the filing cabinets located in the PSHSB office suite and to the
electronic records, files, and data that are housed in the FCC's
computer network databases and in those of a third-party vendor. The
supervisors, staff, and contractors in the FCC's Information Technology
Center's (ITC), who manage the FCC's computer network databases have
access to the electronic information. Other employees and contractors
are only granted access to the information in the filing cabinets and
electronic databases on a ``need-to-know'' basis.
RETENTION AND DISPOSAL:
1. Emergency Contacts: The paper files and electronic data in this
system are retained and disposed of in accordance with the National
Archives and Records Administration (NARA) General Records Schedule 1,
which may be viewed at http://www.archives.gov/records-mgmt/ardor/grs01.html.
2. COOP Contacts: The retention schedule for this system's
electronic records has not yet been determined. No records will be
destroyed until a disposal schedule has been approved by the National
Archives and Records Administration (NARA).
SYSTEM MANAGER(S) AND ADDRESS:
Address inquiries to Public Safety and Homeland Security Bureau
(PSHSB), Federal Communications Commission (FCC), 445 12th Street, SW.,
Washington, DC 20554.
NOTIFICATION PROCEDURE:
Address inquiries to Public Safety and Homeland Security Bureau
(PSHSB), Federal Communications Commission (FCC), 445 12th Street, SW.,
Washington, DC 20554.
RECORD ACCESS PROCEDURES:
Address inquiries to Public Safety and Homeland Security Bureau
(PSHSB), Federal Communications Commission (FCC), 445 12th Street, SW.,
Washington, DC 20554.
CONTESTING RECORD PROCEDURES:
Address inquiries to Public Safety and Homeland Security Bureau
(PSHSB), Federal Communications Commission (FCC), 445 12th Street, SW.,
Washington, DC 20554.
RECORD SOURCE CATEGORIES:
1. Emergency Contacts: The sources for the information in this
system include FCC employees, Federal Government contacts, State,
Tribal, Territorial, Local Government and private sector contacts along
with institutions, organizations, and individuals with crisis
management and emergency preparedness functions, etc.; and
2. COOP Contacts: The sources for information in this system
include FCC employees and contractors.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2011-23929 Filed 9-16-11; 8:45 am]
BILLING CODE 6712-01-P