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[Federal Register Volume 90, Number 14 (Thursday, January 23, 2025)]
[Notices]
[Pages 8020-8021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01582]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Privacy Act of 1974; System of Records

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

ACTION: Notice of a modified system of records.

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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 notice of modifications to an existing 
FERC system of records titled ``FERC Transit Subsidy Program (TSP) 
Records (FERC-41)'' previously titled ``FERC Transit Subsidy Program 
(TSP) (FERC-41).''

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 by FERC. The modified system of records will become effective 
a minimum of 30 days after the date of 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 [email protected]. Comments should indicate that they 
are submitted in response to ``FERC Transit Subsidy Program (TSP) 
Records (FERC-41).''

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, (202) 502-6432 or [email protected].

SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974, 
FERC is updating this notice and republishing it in its entirety. This 
notice has three (3) new routine uses, routine uses 10, 12 and 13, and 
updates were made to the language of routine uses 6, 9, and 11. 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; for further information contact; system name and 
number; system location; system manager(s); purpose(s) of the system; 
categories of individuals covered by the system; categories of records 
in the system; policies and practices for storage of records; policies 
and practices for retention and disposal of records; administrative, 
technical, and physical safeguards; record access procedures; 
contesting records procedures; notification procedures; and history.

SYSTEM NAME AND NUMBER:
    FERC Transit Subsidy Program (TSP) Records (FERC-41).

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Federal Energy Regulatory Commission, Logistics Management 
Division, Logistics Operations and Publishing Services, 888 First 
Street NE, Washington, DC 20426.

SYSTEM MANAGER(S):
    Tyrone Simpkins, Logistics Operations Branch Chief, Logistics 
Operations and Publishing Services, Logistics Management Division, 
Federal Energy Regulatory Commission, 888 First Street NE, Washington, 
DC 20426, (202) 502-6639.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    41 CFR 101-6.3; Public Law 103-172, 5 U.S.C. 7905.

PURPOSE(S) OF THE SYSTEM:
    The purpose of the system is to support the overall management of 
transit subsidy operations for the agency. The application is used to 
submit applications for the federal government's transit subsidy 
benefits program and to request transit subsidies; to track employees' 
commuting expenses; and to monitor the program budget.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The categories of individuals covered by the system are FERC 
employees enrolled in the transit benefits program.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The categories of records in the system include employee's name, 
supervisor's name, office, home address, office and personal telephone 
number, special circumstances (senior citizen or disabled), number of 
days commuting, monthly commuting cost, SmarTrip card number, and mode 
of transportation.

RECORD SOURCE CATEGORIES:
    Information is obtained from current employees seeking to 
participate in the federal government's employee transit subsidy 
benefits program.

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

[[Page 8021]]

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, when 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, if the information may be relevant to a 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; and the information may include 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.
    13. To Office of Personnel Management (OPM) or Government 
Accountability Office (GAO) during the course of on-site inspections or 
human resources audits.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are maintained in electronic format and stored by 
individuals first and last names on an internal web-based application. 
In addition, all FERC employees and contractors with authorized access 
have undergone a thorough background security investigation. Data 
access is restricted to agency personnel or contractors 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 
electronic 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 employee's name or SmarTrip card 
number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are retained in accordance with the following applicable 
National Archives and Records Administration (NARA) schedules:
    1. General Records Schedule (GRS) 2.4: Employee Compensation and 
Benefits Records, Item 130: Disposition Authority: DAA-GRS-2016-0015-
0017. Temporary. Destroy when 3 years old, but longer retention is 
authorized if required for business use.
    2. General Records Schedule (GRS) 2.4: Employee Compensation and 
Benefits Records, Item 131: Disposition Authority: DAA-GRS-2016-0015-
0018. Temporary. Destroy 2 years after employee participation 
concludes, but longer retention is authorized if required for business 
use.
    3. General Records Schedules (GRS) 5.2: Transition and Intermediary 
Records. Item 020: Disposition Authority: DAA-GRS-2022-0009-0002. 
Temporary. Destroy upon creation or update of the final record, or when 
no longer needed for business use, whichever is later.

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 Procedure, above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    65 FR 21755 (April 24, 2000)
    86 FR 71477 (December 16, 202.1)

    Dated: January 16, 2025.
Debbie-Anne A. Reese,
Secretary.
[FR Doc. 2025-01582 Filed 1-22-25; 8:45 am]
BILLING CODE 6717-01-P
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