Federal Register / Vol. 88, No. 168 / Thursday, August 31, 2023 / Notices 60241 

views of the Commission are contained 

in USITC Publication 5454 (August 

2023), entitled Steel Nails from the 

United Arab Emirates: Investigation No. 

731–TA–1185 (Second Review). 

By order of the Commission. 

Issued: August 28, 2023. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2023–18855 Filed 8–30–23; 8:45 am] 

BILLING CODE 7020–02–P 

MERIT SYSTEMS PROTECTION 

BOARD 

Privacy Act of 1974; System of 

Records 

AGENCY: Merit Systems Protection 

Board. 

ACTION: Notice of a new system of 

records. 

SUMMARY: In accordance with the 

Privacy Act of 1974, the U.S. Merit 

Systems Protection Board (MSPB) 

proposes to establish a new system of 

records titled ‘‘MSPB–4, Emergency 

Alert System.’’ This system of records 

includes information that MSPB 

collects, maintains, and uses for 

operational response to critical events to 

ensure the safety and security of MSPB 

personnel and physical locations, as 

well as to keep MSPB personnel up to 

date on emergencies that may impact 

MSPB personnel and operations, such 

as active shooter situations, terrorist 

attacks, or severe weather conditions. 

DATES: Please submit comments on or 

before October 2, 2023. This new system 

is effective upon publication in today’s 

Federal Register, with the exception of 

the routine uses, which are effective 

October 2, 2023. 

ADDRESSES: You may submit written 

comments to the Office of the Clerk of 

the Board by email to privacy@mspb.gov 

or by mail to Clerk of the Board, U.S. 

Merit Systems Protection Board, 1615 M 

Street NW, Washington, DC 20419. All 

comments must reference ‘‘MSPB–4, 

Emergency Alert System SORN.’’ 

Regardless of the method used for 

submitting comments or material, all 

submissions will be posted, without 

change, to MSPB’s website (https://

www.mspb.gov) and will include any 

personal information you provide, such 

as your name, address, phone number, 

email address, or any other personally 

identifying information in your 

comment or materials. Therefore, any 

submissions will be made public and 

without change. 

FOR FURTHER INFORMATION CONTACT: For 

general questions or privacy issues, 

please contact: D. Fon Muttamara, Chief 

Privacy Officer, Office of the Clerk of 

the Board, 1615 M Street NW, 

Washington, DC 20419; (202) 653–7200; 

privacy@mspb.gov. Please include 

‘‘MSPB–4 Emergency Alert System’’ 

with your question(s). 

SUPPLEMENTARY INFORMATION: In 

accordance with the Privacy Act of 

1974, 5 U.S.C. 552a, the MSPB proposes 

to establish a new system of records 

titled ‘‘MSPB–4, Emergency Alert 

System.’’ MSPB’s Office of Financial 

and Administrative Management (FAM) 

is responsible for, among other things, 

the security of personnel and physical 

locations. This system of records 

includes information that MSPB 

collects, maintains, and uses for 

operational response to critical events to 

ensure the safety and security of MSPB 

personnel and physical locations, as 

well as to keep MSPB personnel up to 

date on emergencies that may impact 

MSPB personnel and operations, such 

as active shooter situations, terrorist 

attacks, or severe weather conditions. 

The Privacy Act embodies fair 

information practice principles in a 

statutory framework governing how 

Federal agencies collect, maintain, use, 

and disseminate individuals’ records. 

The Privacy Act applies to records about 

individuals that are maintained in a 

‘‘system of records.’’ A system of 

records is a group of records under the 

control of an agency from which 

information is retrieved by the name of 

an individual or by some identifying 

number, symbol, or other identifying 

particular assigned to the individual. 

The Privacy Act defines an individual 

as a United States citizen or lawful 

permanent resident. Individuals may 

request access to their own records that 

are maintained in a system of records in 

the possession or under the control of 

MSPB by complying with MSPB Privacy 

Act regulations at 5 CFR part 1205, and 

following the procedures outlined in the 

Records Access, Contesting Record, and 

Notification Procedures sections of this 

notice. The Privacy Act requires each 

agency to publish in the Federal 

Register a description denoting the 

existence and character of each system 

of records that the agency maintains and 

the routine uses of each system. The 

new ‘‘Emergency Alert System’’ System 

of Records Notice is published in its 

entirety below. In accordance with the 

Privacy Act, 5 U.S.C. 552a(r), and OMB 

Circular A–108, ‘‘Federal Agency 

Responsibilities for Review, Reporting, 

and Publication under the Privacy Act’’ 

(Dec. 2016), MSPB has submitted a 

report of a new system of records to the 

Office of Management and Budget and 

Congress. 

Jennifer Everling, 

Acting Clerk of the Board, U.S. Merit Systems 

Protection Board. 

SYSTEM NAME AND NUMBER: 

MSPB–4, Emergency Alert System. 

SECURITY CLASSIFICATION: 

Unclassified. 

SYSTEM LOCATION: 

Records are maintained by the Office 

of Financial and Administrative 

Management, U.S. Merit Systems 

Protection Board, 1615 M Street NW, 

Washington, DC 20419. Records may be 

located in locked cabinets and offices, 

on MSPB’s local area network, or in 

designated U.S. data centers for cloud 

service providers certified by the 

Federal Risk and Authorization 

Management Program or FedRAMP. 

SYSTEM MANAGER(S): 

Kevin Nash, Director of the Office of 

Financial and Administrative 

Management, U.S. Merit Systems 

Protection Board, 1615 M Street NW, 

Washington, DC 20419, kevin.nash@

mspb.gov. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

5 U.S.C. 1204; Federal Continuity 

Directive (FCD) 1, Federal Executive 

Branch National Continuity Program 

and Requirements, January 17, 2017; 

FCD 2, Federal Executive Branch 

Mission Essential Functions and 

Candidate Primary Mission Essential 

Functions Identification and 

Submission Process, June 13, 2017; 

Directive on National Continuity Policy 

(National Security Presidential Directive 

51/Homeland Security Presidential 

Directive 20), May 4, 2007. 

PURPOSE(S) OF THE SYSTEM: 

The purpose of this system of records 

is to allow MSPB to collect and 

maintain records of employees who 

receive emergency alerts. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Current and former employees of 

MSPB. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

1. MSPB employee name; 

2. MSPB email addresses; 

3. MSPB-assigned office phone 

numbers; 

4. MSPB-issued mobile device 

numbers; 

5. Personal email addresses (if 

provided); 

6. Personal home phone numbers (if 

provided); and 


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60242 Federal Register / Vol. 88, No. 168 / Thursday, August 31, 2023 / Notices 

7. Personal mobile device numbers (if 

provided). 

RECORD SOURCE CATEGORIES: 

Information contained in this system 

is obtained from MSPB’s Office of 

Information Resources Management 

(IRM). IRM will provide a .csv file to 

FAM, the .csv file will contain MSPB 

employee email addresses and MSPBassigned office phone numbers (and 

extensions if applicable) from MSPB’s 

Microsoft Active Directory, as well as 

MSPB-issued mobile device numbers. 

FAM will then provide the file to 

Everbridge (the emergency alert system 

vendor) through MSPB’s secure file 

sharing system, Box.com. As new hires 

onboard at MSPB, FAM will manually 

enter the required PII into the 

Everbridge system. Additionally, FAM 

will manually delete the PII of departing 

employees 30 days from departure. 

Employees may voluntarily provide 

personal contact information, which 

FAM will add to the information 

maintained in Everbridge for those 

employees. 

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, all or a 

portion of the records or information 

contained in this system may be 

disclosed outside MSPB as a routine use 

pursuant to 5 U.S.C. 552a(b)(3) as 

follows: 

a. To the Department of Justice (DOJ), 

including Offices of the U.S. Attorneys; 

or another Federal agency conducting 

litigation or in proceedings before any 

court, adjudicative, or administrative 

body; another party or potential party or 

the party’s or potential party’s 

authorized representative in litigation 

before a court, adjudicative, or 

administrative body; or to a court, 

adjudicative, or administrative body. 

Such disclosure is permitted only when 

it is relevant or necessary to the 

litigation or proceeding, and one of the 

following is a party to the litigation or 

has an interest in such litigation: 

(1) MSPB, or any component thereof; 

(2) Any employee or former employee 

of MSPB in his or her official capacity; 

(3) Any employee or former employee 

of MSPB in his or her individual 

capacity where DOJ or MSPB has agreed 

to represent the employee; 

(4) The United States or a Federal 

agency in litigation before a court, 

adjudicative, or administrative body; 

(5) A party, other than the United 

States or a Federal agency, in litigation 

before a court, adjudicative, or 

administrative body, upon the MSPB 

General Counsel’s approval, pursuant to 

5 CFR part 1216 or otherwise. 

b. To the appropriate Federal, State, 

or local agency responsible for 

investigating, prosecuting, enforcing, or 

implementing a statute, rule, regulation, 

or order, when a record, either on its 

face or in conjunction with other 

information, indicates or is relevant to 

a violation or potential violation of civil 

or criminal law or regulation. 

c. To a member of Congress or the 

White House from the record of an 

individual in response to an inquiry 

made at the request of the individual to 

whom the record pertains. 

d. To the National Archives and 

Records Administration (NARA) in 

records management inspections 

conducted under the authority of 44 

U.S.C. 2904 and 2906. 

e. To appropriate agencies, entities, 

and persons when (1) MSPB suspects or 

has confirmed that there has been a 

breach of the system of records; (2) 

MSPB has determined that as a result of 

the suspected or confirmed breach there 

is a risk of harm to individuals, MSPB 

(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 MSPB’s efforts to 

respond to the suspected or confirmed 

breach or to prevent, minimize, or 

remedy such harm. 

f. To another Federal agency or 

Federal entity, when MSPB 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. 

g. To contractors, grantees, experts, 

consultants, or volunteers performing or 

working on a contract, service, grant, 

cooperative agreement, or other 

assignment for MSPB when MSPB 

determines that it is necessary to 

accomplish an agency function related 

to this system of records. Individuals 

provided information under this routine 

use are subject to the same Privacy Act 

requirements and limitations on 

disclosure as are applicable to MSPB 

employees. 

POLICIES AND PRACTICES FOR STORAGE OF

RECORDS: 

The records in this system of records 

are stored electronically on an MSPB 

vendor’s system(s) to facilitate the 

administration of the alerts. Access is 

limited to a small number of authorized 

personnel at MSPB and at MSPB’s 

vendor. 

POLICIES AND PRACTICES FOR RETRIEVAL OF

RECORDS: 

Records may be retrieved by name or 

other unique personal identifier. 

POLICIES AND PRACTICES FOR RETENTION AND

DISPOSAL OF RECORDS: 

The records maintained in this system 

of records are subject to NARA General 

Records Schedule 5.4. Records of 

departing employees will be removed 

from the system by FAM 30 days after 

departure from MSPB. The information 

will be removed from the Everbridge 

servers after 30 days once the contract 

is completed. 

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL

SAFEGUARDS: 

Records in the system are protected 

from unauthorized access and misuse 

through various administrative and 

technical security measures, such as 

role-based access controls, mandatory 

security and privacy training, 

encryption, and multi-factor 

authentication. 

RECORD ACCESS PROCEDURES: 

Individuals seeking notification of 

and access to their records in this 

system of records may submit a request 

in writing to the Office of the Clerk of 

the Board, Merit Systems Protection 

Board, 1615 M Street NW, Washington, 

DC 20419. Individuals requesting access 

must comply with MSPB’s Privacy Act 

regulations regarding verification of 

identity and access to records (5 CFR 

part 1205). 

CONTESTING RECORD PROCEDURES: 

Individuals may request that records 

about them be amended by writing to 

the Office of the Clerk of the Board, 

Merit Systems Protection Board, 1615 M 

Street NW, Washington, DC 20419. 

Individuals requesting amendment must 

follow MSPB’s Privacy Act regulations 

regarding verification of identity and 

amendment to records (5 CFR part 

1205). 

NOTIFICATION PROCEDURES: 

See Record Access Procedures above. 

EXEMPTIONS PROMULGATED FOR THE SYSTEM: 

None. 


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Federal Register / Vol. 88, No. 168 / Thursday, August 31, 2023 / Notices 60243 

HISTORY: 

None. 

[FR Doc. 2023–18848 Filed 8–30–23; 8:45 am] 

BILLING CODE 7401–01–P 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

[NOTICE: 23–091] 

Conflict of Interest Policy for 

Recipients of NASA Financial 

Assistance Awards 

AGENCY: National Aeronautics and 

Space Administration 

ACTION: Final notice of a new NASA 

policy and term and condition regarding 

conflict of interest disclosures for grant 

and cooperative agreement recipients. 

SUMMARY: The National Aeronautics and 

Space Administration (NASA) is 

publishing, in final form, a new policy 

and term and condition regarding 

conflict of interest disclosures. The final 

policy can be found in Grant 

Information Circular (GIC) 23–07. 

NASA’s intention to develop and 

implement this new policy and term 

and condition was specified in the 

Federal Register of January 30, 2023. 

FOR FURTHER INFORMATION CONTACT: For 

any questions, comments, or concerns 

regarding this policy, please contact 

Christopher Murguia at 

christopher.e.murguia@nasa.gov or 

202–909–5918. 

SUPPLEMENTARY INFORMATION: 

Background 

In December 2020, the U.S. 

Government Accountability Office 

(GAO) published report GAO–21–130, 

Federal Research: Agencies Need to 

Enhance Policies to Address Foreign 

Influence. This report included two 

recommendations for NASA that 

pertained to (1) updating NASA’s 

conflict of interest policy to include a 

definition of non-financial conflicts, 

such as conflicts of commitment, and (2) 

documenting procedures, roles, and 

responsibilities for addressing and 

enforcing failures to disclose required 

information. In response to GAO–21– 

130, NASA published a proposed 

conflict of interest and conflict of 

commitment policy in the Federal 

Register in January 2023 (88 FR 5930, 

pages 5930–5932, January 30, 2023). 

After reviewing public comments and 

feedback, NASA has revised the 

proposed policy to only address 

financial conflicts of interest. All 

references to conflicts of commitment in 

the January 2023 draft policy have been 

removed. 

The revised policy is designed to 

standardize NASA’s conflict to interest 

disclosure requirements with those of 

other Federal research funding agencies. 

In summary, the policy requires NASA 

grant and cooperative agreement 

recipients to maintain and enforce a 

conflict of interest policy that requires 

the disclosure of significant financial 

interests to an authorized official prior 

to application submission. Prior to the 

expenditure of grant or cooperative 

agreement funds, the institution shall 

review disclosed significant financial 

interests, determine if a conflict of 

interest exits, and determine what 

conditions or restrictions, if any, should 

be imposed to manage, reduce, or 

eliminate such conflict of interest. 

Institutions shall notify NASA of any 

conflict of interest that cannot be 

managed, reduced, or eliminated in 

accordance with the institution’s policy. 

Public Comments Discussion 

In response to NASA’s request for 

public comment, the Agency received 

seven letters containing multiple 

comments from colleges and 

universities, for-profit entities, and 

other non-profit organizations. All 

comments were carefully reviewed and 

considered prior to finalizing the policy. 

NASA received several comments 

pertaining to the lack of consistency 

between the Agency’s proposed conflict 

of interest and conflict of commitment 

policy and other agencies’ conflict of 

interest policies. Commenters stated 

that this lack of consistency could result 

in award recipients having to adopt 

unique processes, tools, and training to 

address unique requirements in NASA’s 

proposed policy. Response: NASA 

recognizes the inconsistencies between 

the proposed policy and that of other 

Federal research agencies and the 

confusion that those inconsistencies 

may cause. As such, NASA has aligned 

its conflict of interest policy with those 

of other Federal research agencies to the 

greatest extent practicable. 

Several comments pertained to the 

conflation of conflicts of interest and 

conflicts of commitment in NASA’s 

proposed policy. Conflicts of interest 

and commitment affect research in 

different ways and, therefore, actions 

taken to address conflicts of interest are 

different than those taken to address 

conflicts of commitment. As such, 

commenters recommended that NASA 

address conflicts of interest via a 

standalone policy similar to other 

agencies’ financial conflicts of interest 

policies and address conflicts of 

commitment via biographical sketch 

and current and pending support 

disclosures. Response: NASA recognizes 

that conflicts of interest and 

commitment affect research and are 

addressed in different ways. Therefore, 

NASA has removed all references to 

conflicts of commitment in its policy so 

as not to conflate the two concepts. 

Some comments pertained to the 

definitions of ‘‘conflict of interest’’, 

‘‘conflict of commitment’’, and ‘‘covered 

individual’’ in the proposed policy. 

Comments stated that the definitions 

were vague and inconsistent with 

terminology and definitions used by 

other Federal research agencies. 

Moreover, commenters requested that a 

definition of ‘‘significant financial 

interest’’ be added to the policy and that 

that definition include dollar thresholds 

for what should and should not be 

considered a significant financial 

interest. Response: NASA has updated 

the definition of ‘‘conflict of interest’’ to 

align to that used by other Federal 

research agencies, removed all 

references to conflicts of commitment, 

and added a definition for ‘‘significant 

financial interest’’ that includes dollar 

thresholds. 

A few comments requested that 

NASA revise the time at which conflict 

of interest information had to be 

reviewed and managed. Per the 

comments, other Federal agencies 

require that significant financial interest 

disclosures be reviewed and managed, 

as necessary, prior to the expenditure of 

award funds. NASA’s proposed policy, 

on the other hand, required conflict of 

interest information to be reviewed and 

managed prior to application 

submission. Response: NASA 

recognizes that its proposed policy 

included requirements for the review 

and management of conflict of interest 

information that is burdensome and 

inconsistent with other Federal research 

agencies. NASA has revised the policy 

to require that significant financial 

interest disclosures be reviewed and 

managed, reduced, or eliminated prior 

to the expenditure of awards funds. 

One comment requested that NASA 

clarify how its proposed policy would 

impact subaward recipients. Response: 

NASA has added language to the policy 

describing pass-through entities’ and 

subaward recipients’ responsibilities. 

One comment recommended that 

NASA add language to the proposed 

policy specifically allowing the use of 

independent third party or contracted 

services for the provision of technical 

assistance to meet the due diligence and 

review requirements described in the 

policy. 

Response: NASA has declined to add 

this recommended language to the 

policy. As written, the policy permits 

discretion when grant and cooperative 


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