[Federal Register Volume 89, Number 207 (Friday, October 25, 2024)]
[Notices]
[Pages 85203-85205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24893]


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FEDERAL COMMUNICATIONS COMMISSION

[FR ID: 256495]


Privacy Act of 1974; 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) has modified an existing system of records, FCC/OET-2, 
Equipment Authorization Electronic Filing System (EAS) (formerly 
``Equipment Authorization Records and Files''), 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 FCC's Office of Engineering and Technology (OET) uses the 
information in this system to verify that radio frequency equipment 
proposed for marketing complies with FCC requirements and to determine 
the interference potential of radio frequency equipment proposed for 
marketing.

DATES: This modified system of records will become effective on October 
25, 2024. Written comments on the routine uses are due by November 25, 
2024. The routine uses in this action will become effective on November 
25, 2024 unless comments are received that require a contrary 
determination.

ADDRESSES: Send comments to Brendan McTaggart, Federal Communications 
Commission (FCC), 45 L Street NE, Washington, DC 20554, or to 
<a href="/cdn-cgi/l/email-protection#2050524956414359604643430e474f56"><span class="__cf_email__" data-cfemail="7e0e0c17081f1d073e181d1d50191108">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Brendan McTaggart, (202) 418-1738, or 
<a href="/cdn-cgi/l/email-protection#8afaf8e3fcebe9f3caece9e9a4ede5fc"><span class="__cf_email__" data-cfemail="ddadafb4abbcbea49dbbbebef3bab2ab">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This notice serves to update and modify FCC/
OET-2 as a result of various necessary changes and updates. The 
substantive changes and modifications to the previously published 
version of the FCC/OET-2 system of records include:
    1. Renaming the system ``Equipment Authorization Electronic Filing 
System (EAS)'';
    2. Updating the Authority, Purpose, Categories of Individuals, and 
Record Source Categories of this system for accuracy and clarity;
    3. Adding three new routines (listed by the routine use number 
provided in this notice): (7) Breach Notification, the addition of 
which is as required by

[[Page 85204]]

OMB Memorandum No. M-17-12; (8) Assistance to Federal Agencies and 
Entities Related to Breaches, the addition of which is required by OMB 
Memorandum No. M-17-12; and (9) Non-Federal Personnel;
    4. Updating and/or revising language in five routine uses (listed 
by the routine use number provided in this notice): (2) Litigation and 
(3) Adjudication (now two separate routine uses); (4) Law Enforcement 
and Investigation; (5) Congressional Inquiries; and (6) Government-wide 
Program Management and Oversight;
    5. Updating the SORN to include the relevant National Archives and 
Records Administration (NARA) Records Schedule, DAA-0173-2019-0001, 
Office of Engineering and Technology--Laboratory Division Records.
    The system of records is also updated to reflect various 
administrative changes related to the system managers and system 
addresses; policy and practices for storage and retrieval of the 
information; administrative, technical, and physical safeguards; and 
updated notification, records access, and contesting records 
procedures.

SYSTEM NAME AND NUMBER:
    FCC/OET-2, Equipment Authorization Electronic Filing System (EAS).

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    OET, Laboratory Division, Federal Communications Commission (FCC), 
7435 Oakland Mills Road, Columbia, MD 21046.

SYSTEM MANAGER:
    Chief, Laboratory Division, OET, FCC, 7435 Oakland Mills Road, 
Columbia, MD 21046.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    47 U.S.C. 302a; 47 U.S.C. 1601 note.

PURPOSES OF THE SYSTEM:
    The records in this system document the compliance with FCC 
requirements and interference potential of radio frequency equipment 
proposed for marketing. The system also permits the FCC to collect and 
maintain information necessary for FCC staff to perform key activities, 
including analyzing the effectiveness and efficiency of FCC programs 
and informing rule-making and policy-making activities.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who have applied for or been granted an authorization 
to market radio frequency equipment, in accordance with Part 2 of the 
Federal Communications Commission's (FCC) rules; individuals who are 
responsible for testing and determining compliance of the equipment 
that is subject to the relevant authorization; and individuals 
responsible for assessing, accrediting, and designating those 
individuals responsible for testing and determining compliance of 
equipment.

CATEGORIES OF RECORDS IN THE SYSTEM:
    1. FCC Form 731, Application for Equipment Authorization, and any 
exhibits, test reports, and other supporting documentation submitted by 
an applicant that demonstrates compliance with the rules for radio 
frequency equipment.
    2. Entity management information (collected by webform) and 
attachments regarding accrediting bodies, designating authorities, and 
conformity assessment bodies (which includes both Telecommunication 
Certification Bodies (TCBs) and test labs).

RECORD SOURCE CATEGORIES:
    Information in this system is supplied by individuals applying to 
receive equipment authorization, individuals who are responsible for 
testing and determining compliance of the equipment that is subject to 
the relevant authorization, and individuals responsible for assessing, 
accrediting, and designating those individuals who are responsible for 
testing and determining compliance of equipment.

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 routinely be disclosed as 
follows:
    1. Public Access--Information from this system related to granted 
equipment authorizations or any individuals associated with entities 
covered by this system may be disclosed to the public if it is 
routinely available for public inspection under 47 CFR 0.457(d)(1)(ii) 
and a request has not been made or granted to give the information 
confidential treatment under 47 CFR 0.459. Pending equipment 
authorization requests are specifically excluded from disclosure prior 
to the effective date of the authorization, as specified in 
0.457(d)(1)(ii).
    2. Litigation--Records may be disclosed 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.
    3. Adjudication--Records may be disclosed 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.
    4. Law Enforcement and Investigation--When the FCC investigates any 
violation or potential violation of a civil or criminal law, 
regulation, policy, executed consent decree, order, or any other type 
of compulsory obligation and determines that a record in this system, 
either alone or in conjunction with other information, indicates a 
violation or potential violation of law, regulation, policy, consent 
decree, order, or other compulsory obligation, the FCC may disclose 
pertinent information as it deems necessary to the target of an 
investigation, as well as with the 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.
    5. Congressional Inquiries--Records may be provided to a 
Congressional office in response to an inquiry from that Congressional 
office made at the written request of that individual to whom the 
records pertain.
    6. Government-wide Program Management and Oversight--Records may be 
disclosed to DOJ to obtain that department's advice regarding 
disclosure obligations under the Freedom of Information Act (FOIA); or 
to the Office of Management and Budget (OMB) to obtain that office's 
advice regarding obligations under the Privacy Act.

[[Page 85205]]

    7. Breach Notification--Records may be disclosed 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 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.
    8. Assistance to Federal Agencies and Entities Related to 
Breaches--Records may be disclosed 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.
    9. Non-Federal Personnel--Records may be disclosed 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 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 or a 
vendor's network.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Scanned images, electronic records of data elements, and electronic 
copies of granted equipment authorizations, as well as information 
about individuals associated with entities covered by the system, may 
be retrieved from the OET EAS website at https://apps.fcc.gov/tcb/TcbHome.do by clicking on the desired link in the Reports section on 
the left hand side of the page. Records may be retrieved using a 
variety of parameters.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The information in this system is maintained and disposed of in 
accordance with NARA Records Schedule DAA-0173-2019-0001, Office of 
Engineering and Technology--Laboratory Division Records.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    OET makes all records, documents, and files available to the public 
except: (1) files that are not routinely available for public 
inspection as defined in 47 CFR 0.457(d)(1)(ii); and/or (2) files that 
have been submitted in compliance with the confidentiality request 
requirement of 47 CFR 0.459. When not publicly available, the 
electronic records, files, and data are stored within FCC or a vendor's 
accreditation boundaries and maintained in a database housed in the 
FCC's or vendor's computer network databases. Access to the electronic 
files 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 and third-party 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).

RECORDS ACCESS PROCEDURES:
    Individuals wishing to request access to and/or amendment of 
records about themselves should follow the Notification Procedures 
below.

CONTESTING RECORD PROCEDURES:
    Individuals wishing to request an amendment of records about 
themselves should follow the Notification Procedures below.

NOTIFICATION PROCEDURES:
    Individuals wishing to determine whether this system of records 
contains information about themselves may do so by writing to 
<a href="/cdn-cgi/l/email-protection#0c7c7e657a6d6f754c6a6f6f226b637a"><span class="__cf_email__" data-cfemail="2454564d5245475d644247470a434b52">[email protected]</span></a>. Individuals requesting access must also comply with 
the FCC's Privacy Act regulations regarding verification of identity to 
gain access to the records (47 CFR part 0, subpart E).

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    65 FR 17242 (April 5, 2006).

Federal Communications Commission.

Marlene Dortch,
Secretary.
[FR Doc. 2024-24893 Filed 10-24-24; 8:45 am]
BILLING CODE 6712-01-P


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