81 FR 16176 - Privacy Act System of Records

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 81, Issue 58 (March 25, 2016)

Page Range		16176-16183
FR Document		2016-06815
Pursuant to subsection (e)(4) of the Privacy Act of 1974, as amended (``Privacy Act''), 5 U.S.C. 552a, the FCC proposes to change the name and alter one system of records, FCC/OMD-7, ``FCC Transit Benefit and Parking Permit Programs'' (formerly FCC/OMD-7, ``FCC Employee Transit Benefit and Parking Permit Programs''). The FCC will alter the security classification; the system location; the categories of individuals; the categories of records; the authority for maintenance of the system; the purposes for which the information is maintained; five routine uses (1), (2), (4), (5), and (6) (and add eight new routine uses (8-15); the policies and practices for the storage, retrivability, accessibility, safeguards, and retention and disposal of the records in the system; the system manager(s) and address; the notification, record access, and contesting record procedures; the record source categories; and make other administrative edits and revisions as necessary to update the information and comply with the requirements of the Privacy Act of 1974, as amended (5 U.S.C. 552a), and the regulations and requirements of the Office of Management and Budget (OMB) and the National Archives and Records Administration (NARA).
Federal Register, Volume 81 Issue 58 (Friday, March 25, 2016)
[Federal Register Volume 81, Number 58 (Friday, March 25, 2016)]
[Notices]
[Pages 16176-16183]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06815]


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FEDERAL COMMUNICATIONS COMMISSION


Privacy Act System of Records

AGENCY: Federal Communications Commission (FCC, Commission, or the 
Agency).

ACTION: Notice; one altered Privacy Act system of records; eight new 
routine uses.

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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 FCC proposes to change 
the name and alter one system of records, FCC/OMD-7, ``FCC Transit 
Benefit and Parking Permit Programs'' (formerly FCC/OMD-7, ``FCC 
Employee Transit Benefit and Parking Permit Programs''). The FCC will 
alter the security classification; the system location; the categories 
of individuals; the categories of records; the authority for 
maintenance of the system; the purposes for which the information is 
maintained; five routine uses (1), (2), (4), (5), and (6) (and add 
eight new routine uses (8-15); the policies and practices for the 
storage, retrivability, accessibility, safeguards, and retention and 
disposal of the records in the system; the system manager(s) and 
address; the notification, record access, and contesting record 
procedures; the record source categories; and make other administrative 
edits and revisions as necessary to update the information and comply 
with the requirements of the Privacy Act of 1974, as amended (5 U.S.C. 
552a), and the regulations and requirements of the Office of Management 
and Budget (OMB) and the National Archives and Records Administration 
(NARA).

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 April 25, 2016. 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 May 4, 2016. The proposed new system of 
records will become effective on May 4, 2016 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 altered system to 
OMB and Congress.

ADDRESSES: Address comments to Leslie F. Smith, Privacy Manager, 
Information Technology (IT), 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: Contact Leslie F. Smith, Privacy 
Manager, Information Technology (IT), 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 the alteration of one system of records maintained by the 
FCC, the revision of six routine uses: (1), (2), (4), (5), and (6), and 
the addition of eight new routine uses ((8)-(15)). The FCC previously 
gave complete notice of the system of records (FCC/OMD-7, ``FCC 
Employee Transit Benefit and Parking Permit Programs'') covered under 
this Notice by publication in the Federal Register on April 5, 2006 (71 
FR 17234, 17252). This notice is a summary of the more detailed 
information about the proposed altered system of records, which may be 
obtained or viewed pursuant to the contact and location information 
given above in the ADDRESSES section. The purposes for altering FCC/
OMD-7, ``FCC Transit Benefit and Parking Permit Programs'' (formerly 
FCC/OMD-7, ``FCC Employee Transit Benefit and Parking Programs'') are 
to revise: The system name to reflect the expansion of the categories 
of individuals who are covered by this system; the security 
classification; the system location; the categories of individuals; the 
categories of records; the authority for maintenance of the system; the 
purposes for which the information is maintained; routine uses (1), 
(2), (4), (5), and (6), and add eight new routine uses ((8)-(15)); the 
policies and practices for the storage, retrievability, accessibility, 
safeguards, and retention and disposal of the records in the system; 
the system manager(s) and address; the notification, record access, and 
contesting record procedures; the record source categories; and make 
other administrative edits and revisions as necessary to update the 
information and comply with the requirements of the Privacy Act, as 
amended (5 U.S.C. 552a), and the regulations and requirements of OMD 
and NARA.
    The FCC will achieve these purposes by altering this system of 
records with these changes:

[[Page 16177]]

    Revision of language regarding the Security Classification, for 
clarity and to note that the FCC has in place a process to provide an 
appropriate security classification for this system, such that: The 
FCC's CIO team will provide a security classification to this system 
based on NIST FIPS-199 standards.
    Revision of the language regarding the System Location, to note the 
changes to the system's address: Administrative Services Center (ASC), 
Office of the Managing Director (OMD), Federal Communications 
Commission (FCC), 445 12th Street SW., Washington, DC 20554. 
Information related to those employees who participate in the Smartrip 
portion of the benefits program is also stored in a database 
administered by the Washington Metropolitan Area Transit Authority 
(WMATA), headquartered at 600 Fifth Street NW., Washington, DC 20001.
    Revision of the language regarding the Categories of Individuals 
Covered by the System, for clarity and to note the expansion of the 
categories of individuals covered by this system to include FCC 
employees and their spouses, paid interns/co-op students, FCC 
contractors, and non-FCC Federal employees, such that: The categories 
of individuals in this system include those individuals who voluntarily 
apply for and/or participate in one of the FCC Transit Benefit and 
Parking Permit Programs, which include, but are not limited to:
    1. FCC employees who have applied for and received monthly transit 
fare subsidies;
    2. FCC employees and contractors who hold monthly FCC garage 
parking permits;
    3. FCC employees, employee spouses, paid interns and co-op 
students, contractors, and non-FCC Federal agency employees who are 
members of carpools and vanpools that park in the FCC parking garage;
    4. FCC employees who have applied for and received handicap status 
for FCC garage parking assignments as a ``reasonable accommodation''; 
and
    5. FCC employees who participate in ridesharing, including the 
Capital Bikeshare Program.
    Revision of the language in the Categories of Records in the 
System, for clarity and to note the expansion in and various changes 
made to the categories of records covered by this system, including the 
list of FCC forms and the information requested in each form, as 
follows:
    The FCC uses the records in this system to administer the Transit 
Benefit and Parking Permit Programs. These records include, but are not 
limited to, the information that is required to be submitted on the 
following forms and any related documentation that pertains to transit 
benefit subsidies, parking permits, ride-sharing, bike-sharing, and 
other, related transit and commuting programs available to FCC 
employees, contractors, and other individuals, which are sponsored and/
or hosted by the FCC:
    1. Form A-27, ``FCC Pre-Tax Parking Benefit Form,'' including, but 
not limited to: Employee Information: FCC employee's name; effective 
date; pay period; parking location; and monthly/daily fee; Benefit: 
Carpool/vanpool), metro parking, commercial lot, privately-owned lot, 
parking garage, or parking meter; and requested amount; whether the 
application is new, a cancellation, or a change; and effective date; 
and Certification: Employee signature; date; and attachments;
    2. Form A-30, ``FCC Parking Application,'' including, but not 
limited to: Applicant's name, FCC bureau/office/division; address 
(required for carpool); FCC badge number; FCC telephone number; FCC 
employee/contractor/paid intern/co-op student; vehicle year, make, 
model, state, and license plate; handicap perm (yes/no); FCC title 
(executives only); transit benefit participant (yes/no); van pool/car 
pool riders (FCC and Non-FCC employees): Name, address, bureau/office 
or agency, telephone number, FCC ID number, and signature; applicant's 
signature and date; and attachments, e.g,, handicap certification, 
etc.;
    3. Form A-75, ``FCC Headquarters Employee Transit Benefit 
Application,'' including, but not limited to:
    A. Applicant Information: Applicant's name, home address, bureau/
office, office room number, telephone number, FCC badge number, and 
WMATA Smartrip Card serial number;
    B. Employment Status: Full time, part time, paid intern/co-op 
student; and bargaining/non-bargaining unit status;
    C. Mode(s) of Transportation (costs): Metro (rail only) and station 
name; metro (rail and bus) and station name; Metro (bus only); one-way 
transit user; commuter bus; commuter rail; and/or vanpool;
    D. Telework: Approved telework agreement (yes/no); and telework 
days (Monday-Friday);
    E. Employee certification: Employee signature and date; and
    F. Transit benefit office action: Approved (yes and amount/no), 
disapproved (reason), signature and data; and attachments;
    4. Form A-75-A, ``FCC Employee Transit Benefit Change Request 
Form,'' including, but not limited to:
    A. Applicant Information: Applicant's name, home address, bureau/
office, office room number, office telephone number, and FCC badge 
number;
    B. Employment Status: Full time, part time, paid intern, or co-op 
student;
    C. Change(s) Requested:
    1. Mode(s) of transportation: Metro rail, metro bus, commuter rail, 
commuter bus, one-way transit user, vanpool, other, and transit 
provider name;
    2. Monthly commuting cost: Old and new;
    3. Badge number: Old and new;
    4. Address change: Home address;
    5. Name change: From/to; and
    6. Smartrip Card serial number: Old and new; and
    D. Employee Certification: Signature; date; and attachments.
    Revision to the Authority for Maintenance of the System, to add 
several rule sections and delete several rule sections so that the 
statutory authorities more closely align with the system's current 
requirements, such that the authorities now include, as follows:
    5 U.S.C. 301; 5 U.S.C. 5701-5733; 5 U.S.C. 7905; 26 U.S.C. 132(f); 
40 U.S.C. 101 and 121; 44 U.S.C. 2104; 41 CFR 101-20.104-2, 102-74.205-
210 (Ridesharing), and 102-74.265-310 (Parking Facilities); Executive 
Order 9397, as amended by Executive Order 13478; Executive Order 13150; 
Pub. L. 103-172; and the Federal Property and Administrative Services 
Act of 1949, as amended.
    Revision of the language regarding the Purposes for which the 
information in this system is maintained, for clarity, and to expand 
the system's purposes, to include cross-checking information and 
matching activity to eliminate fraud and a security check on 
participants to safeguard against possible criminal or terrorist 
activity, as follows:
    The FCC will use information in this system, including the PII, to 
administer the Transit Benefit and Parking Permit Programs. This 
information enables the FCC to facilitate the timely processing of 
requests for parking permits, transit benefit subsidies, ride-sharing 
and bike-sharing programs and similar commuting arrangements, and 
other, related program, policies, and activities, which include, but 
are not limited to:
    1. Managing the FCC's transit benefits program that provides 
transportation subsidies for public transit, including but not limited 
to WMATA Metro train and bus fares; Commuter rail services--Maryland 
Area Rail Commuters (MARC) and Virginia Railway Express (VRE) fares; 
Commuter bus services--DASH fares, etc.; One-way transit users; Vanpool 
fares; and other parking and

[[Page 16178]]

transit subsidies to Federal employees as allowed under 5 U.S.C. 7905, 
5 U.S.C. 301, and Executive Order 13150 employee's request to 
participate in the transit subsidy or FCC garage parking program;
    2. Managing the FCC's employee parking, executive parking, 
handicapped parking, and ridesharing programs (vanpools/carpools) for 
FCC employees, contractors, and non-FCC agency employees;
    3. Conducting audits, reviews, oversight, and/or investigations of 
the transit benefits, parking, ridesharing programs (vanpools and 
carpools) to ensure their accuracy and integrity of the Transit 
Benefits and Parking Program, which includes but is not limited to 
cross-checking the Commission's data on parking assignees and transit 
benefit recipients to ensure that they are not participating in both 
programs, unless authorized; and, when appropriate, matching this 
information with the lists of other Federal agencies to ensure that the 
Commission's participants are not registered for a drive-alone, 
carpool, or other parking assignments with any other Federal agency, 
and to identify and locate former employees;
    4. Administering, qualifying, and/or certifying the beneficiaries 
of the Transit Benefits and Parking Program, which includes but is not 
limited to ensure the eligibility of transit subsidy participants and 
to prevent misuse of the funds involved;
    5. Preparing and administering listings and reports for use by the 
FCC and the other Federal, state, and local agencies charged with 
management and oversight of and/or contribution to the Transit Benefits 
and Parking Program subsidies, etc.; and
    6. Ensuring that those non-FCC individuals who are participating in 
the ride-sharing and bike-sharing programs do not pose a security 
threat to FCC Headquarter garage facilities.
    Revision of the language in Routine Use (1) ``Financial Obligations 
as required by the National Finance Center et al.'' to add ``pre-tax 
benefit(s)'' as another category of information concerning a record 
from this system that may be disclosed:
    When the National Finance Center (the FCC's designated payroll 
office), the Department of the Treasury Debt Management Services, and/
or a current employer to effect a salary, IRS tax refund, pre-tax 
benefit(s), or administrative offset to satisfy an indebtedness; and to 
Federal agencies to identify and locate former employees for the 
purposes of collecting such indebtedness, including through 
administrative, salary, or tax refund offsets. Identifying and locating 
former employees, and the subsequent referral to such agencies for 
offset purposes, may be accomplished through authorized computer 
matching programs. Disclosures will be made only when all procedural 
steps established by the Debt Collection Act of 1982 and the Debt 
Collection Improvement Act of 1996 or the Computer Matching and Privacy 
Protection Act of 1988, as appropriate, have been taken;
    Revision of the language in Routine Use (2) ``Program Partner'' to 
expand the categories of transit information to include other 
applicable public transportations (in addition to WMATA), to note that 
these benefits are for FCC employees, and that the benefits relate to 
public transportation fare (e.g., Smartrip program) as these relate to 
records from this system that may be disclosed:
    To WMATA and other applicable public transportations in connection 
with FCC employees participating in this public transportation fare, 
e.g., Smartrip program at: http://www.wmata.com/riding/smartrip.cfm;
    Routine Use (3) ``Adjudication and Litigation'' is unchanged.
    Revision of the language in Routine Use (4) ``Law Enforcement and 
Investigation'' to expand the categories to include government agencies 
and officials, the purposes that include but are not limited to sharing 
records in this system, and the reasons for disclosure, and to note 
that records may be referred for investigation, enforcement, or 
prosecution by the Commission (or another agency), regarding why a 
record from this system that may be disclosed:
    Where there is a real or suspected 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, and/or 
local agencies, authorities, and officials for purposes that include 
but are not limited to obtaining additional information relevant to a 
FCC decision, referring the record for investigation, enforcement, or 
prosecution by the Commission or another agency;
    Revision of the language in Routine Use (5) ``Congressional 
Investigations and Inquiries'' to change the title of the routine use 
and expand the categories of information to include investigations and 
inquiries, regarding a record from this system that may be disclosed:
    To Congress, or, to the extent of matter within its jurisdiction, 
any committee or subcommittee thereof, for the purposes of an official 
Congressional investigation, including but not limited to, a request by 
a Congressional office in response to an inquiry made by an individual 
to the Congressional office for the individual's own records;
    Revision of the language in Routine Use (6) ``Government-wide 
Program Management and Oversight'' to expand the number of Federal 
agencies and categories of information concerning a record from this 
system that may be disclosed, as follows:
    To the General Services Administration (GSA), the National Archives 
and Records Administration (NARA), the Office of Personnel Management 
(OPM), and/or the Government Accountability Office (GAO) for the 
purpose of records management studies conducted under authority of 44 
U.S.C. 2904 and 2906; to the Department of Justice (DOJ) in order 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) in order to obtain that office's advice regarding 
obligations under the Privacy Act. Such a disclosure shall not be used 
to make a determination about individuals;
    Routine Use (7) ``Labor Relations'' is unchanged.
    Addition of Routine Use (8) ``Breach Notification,'' as follows:
    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;
    Addition of Routine Use (9) ``Vanpool, Carpool, and Ridesharing,'' 
as follows:
    Vanpool, Carpool, and Ridesharing--Vanpool, carpool, and rideshare 
information, i.e., names and residential information (home address and 
personal home and cell phone number(s)) of FCC and non-FCC Federal 
employees and FCC contractors in the ridesharing database, who wish to 
participate in in a vanpool, carpool, and/or other ridesharing 
arrangements for daily

[[Page 16179]]

commuting to the FCC Headquarters. This information is provided to the 
ridesharing coordinator for the purposes of scheduling ride-sharing 
arrangements;
    Addition of Routine Use (10) ``Statistical Reports on Commuting,'' 
as follows:
    Statistical Reports on Commuting--To Federal, state, local, and 
related organizations, Metropolitan Washington Council of Governments, 
that are studying local traffic commuting patterns (i.e., compiling 
commuting statistics and reports) by those who use metrorail (WMATA), 
commuter bus, commuter rail (e.g., VRS and MARC), vanpools, carpools, 
and/or ridesharing in their commute to and from work;
    Addition of Routine Use (11) ``Department of Justice (DOJ),'' as 
follows:
    To DOJ or in a proceeding before a court or adjudicative body when:
    (a) The United States, the Commission, a component of the 
Commission, or, when represented by the government, an employee of the 
Commission is a party to litigation or anticipated litigation or has an 
interest in such litigation, and
    (b) The Commission determines that the disclosure is relevant or 
necessary to the litigation;
    Addition of Routine Use (12) ``Medical Certification,'' as follows:
    To a physician who is making a determination on a person's 
eligibility for a handicapped parking permit.
    Addition of Routine Use (13) ``Employment, Clearances, Licensing, 
Contract, Grant, or other Benefits Decisions by the Agency,'' as 
follows:
    To a Federal, State, local, foreign, tribal, or other public agency 
or authority 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, the retention of a security clearance, the letting of 
a contract, or the issuance or retention of a grant or other benefit;
    Addition of Routine Use (11) ``Employment, Clearances, Licensing, 
Contract, Grant, or other Benefits Decisions by Other than the 
Agency,'' as follows:
    To a Federal, State, local, foreign, tribal, or other public agency 
or authority of the fact that this system of records contains 
information relevant to the retention of an employee, the retention of 
a security clearance, the letting of a contract, or the issuance or 
retention of a license, grant, or other benefit. The other agency or 
licensing organization may then make a request supported by the written 
consent of the individual for the entire records if it so chooses. No 
disclosure will be made unless the information has been determined to 
be sufficiently reliable to support a referral to another office within 
the agency or to another Federal agency for criminal, civil, 
administrative, personnel, or regulatory action; and
    Addition of Routine Use (15) ``Parking Garage Contractors,'' as 
follows:
    To the owners, managers, and staff who manage the garage parking 
for their use in assigning or checking the parking permits, checking 
credentials, assigning spaces, assisting with accidents, or other 
parking issues to ensure that the parking program functions properly 
and that parking privileges are not abused.
    In each of these cases, the FCC will determine whether disclosure 
of the records is compatible with the purpose(s) for which the records 
were collected.
    Revision of the language in the policies and practices regarding 
Storage of the information in this system, for clarity, to specify that 
the information in this system includes both paper and electronic 
records, to describe the Administrative Services Center's (ASC) current 
storage procedures, and to note that:
    Paper records, files, and documents, which pertain to the 
information concerning the transit benefits and parking program that 
are maintained at the FCC, are stored in file folders in the ASC office 
suite.
    The electronic records, files, and data are housed in the FCC's 
computer network databases, which are reserved for the transit benefit 
and parking permit program, and in the WMATA database that is 
associated with the Smartrip program.
    Revision of the language in the policies and practices regarding 
the Retrievability of the information in this system, for clarity, and 
to specify that both paper and electronic records are retrievable, as 
follows:
    Both the paper documents and electronic records and data are 
retrieved by the employer's name, or by the FCC Badge identification 
number, tag, and/or parking permit number.
    Revision of the language in the policies and practices regarding 
the Safeguards for protecting the information in this system, for 
clarity, and to comply with the FCC's current safety and security 
protocols and procedures, including information noting that these FCC 
standards adhere to the requirements of the National Institutes of 
Standards and Technology (NIST) and the Federal Information Security 
Management Act (FISMA), as follows:
    The safeguards for the information pertaining to the transit 
benefit and parking permit programs, which is maintained by the FCC, 
are as follows:
    1. The paper documents, files, and records are kept in a locked 
cash box contained in a (cylinder lock) drawer. At the close of the 
business day, the cash box is secured in a government issued safe with 
a combination lock. Only authorized ASC supervisors, staff, and 
contractors may have access to these file cabinets. The ASC office 
suite is protected by a card-coded main door to limit access to the 
suite.
    2. The electronic records, files, and data that are stored in the 
FCC computer network databases are secured by limited access card 
readers. Access to the electronic files is restricted to authorized ASC 
supervisors, staff, and contractors, and to the Information Technology 
(IT) staff and contractors, who maintain the FCC's computer network. 
Other FCC employees and contractors may be granted access only on a 
``need-to-know'' basis. The FCC's computer network databases are 
protected by the FCC's security protocols, which include controlled 
access, passwords, and other IT security features and requirements as 
required under the IT guidelines issued by the National Institutes of 
Standards and Technology (NIST) and the Federal Information Security 
Management Act (FISMA) regulations. A PRIVACY ACT WARNING NOTICE 
appears on the monitor screen when records containing information on 
individuals are first displayed. Information resident on the Transit 
Benefits and Parking Program database servers is backed-up routinely 
onto magnetic media. Back-up tapes are stored at secured locations.
    3. Safeguards in place adhere to Federal standards, including the 
NIST, FISMA, and FCC standards.
    Revision of the language in the policies and practices regarding 
the Retention and Disposal of the information in this system, for 
clarity, and to specify that they comply with the current NARA 
requirements for both paper and electronic records, as follows:
    Records under the control of the FCC are retained for three years 
in accordance with the General Records Schedule 6 (GRS 6) established 
by NARA at http://www.archives.gov/records-mgmt/ardor/grs06.html. Paper 
records are then shredded. Electronic records are destroyed physically 
(electronic storage media) or by electronic erasure.

[[Page 16180]]

    Revision of the language regarding the System Manager(s) and 
Address, for clarity, and to note the current address of the system 
managers where they may be contacted, as follows:
    Administrative Services Center (ASC), Office of the Managing 
Director (OMD), Federal Communications Commission (FCC), 445 12th 
Street SW., Washington, DC 20554.
    Revision of the language regarding the Notification, Record Access, 
and Contesting Procedures concerning information in this system, for 
clarity, and to comply with the Commission's current policies and 
practices for notifying individuals under the requirements of the 
Privacy Act, 5 U.S.C. 552a(d), as follows:
    Notification Procedures: Privacy Manager, Federal Communications 
Commission (FCC), 445 12th Street SW., Room 1-A804, Washington, DC 
20554; (202) 418-0217 or [email protected].
    Record Access Procedures: Privacy Manager, Federal Communications 
Commission (FCC), 445 12th Street SW., Room 1-A804, Washington, DC 
20554; (202) 418-0217 or [email protected].
    Contesting Records Procedures: Privacy Manager, Federal 
Communications Commission (FCC), 445 12th Street SW., Room 1-A804, 
Washington, DC 20554; (202) 418-0217 or [email protected].
    Revision of the language in the Record Source Categories, for 
clarity, and to expand the sources of and details concerning the 
information in this system, as follows:
    Information in the system is obtained from:
    1. One or more FCC Forms, including, but not limited to FCC Forms 
A-27, A-30, A-75, and/or A-75-A, which are submitted by individuals who 
apply to participate in the FCC Transit Benefit and Parking Permit 
Programs, including but not limited to metrorail, bus, commuter rail, 
vanpools, carpools, and/or ridesharing arrangements.
    2. WMATA and other agencies concerning individuals (including both 
FCC and non-FCC individuals) who have applied for and/or participate in 
the FCC's transit benefits program and/or the carpool/vanpool programs; 
and
    3. Ride-Share Bike Program information.
    This notice meets the requirement documenting the changes to the 
system of records that the FCC maintains, and provides the public, OMB, 
and Congress an opportunity to comment.
FCC/OMD-7

SYSTEM NAME:
    FCC Transit Benefit and Parking Permit Programs.

SECURITY CLASSIFICATION:
    The FCC's CIO team will provide a security classification to this 
system based on NIST FIPS-199 standards.

SYSTEM LOCATION:
    Administrative Services Center (ASC), Office of the Managing 
Director (OMD), Federal Communications Commission (FCC), 445 12th 
Street SW., Washington, DC 20554.
    Information related to those employees who participate in the 
Smartrip portion of the benefits program is also stored in a database 
administered by the Washington Metropolitan Area Transit Authority 
WMATA, headquartered at 600 Fifth Street NW., Washington, DC 20001.

CATEGORIES OF INDIVIDUALS COVERED BY THIS SYSTEM:
    The categories of individuals in this system include those 
individuals who voluntarily apply for and/or participate in one of the 
FCC Transit Benefit and Parking Permit Programs, which include, but are 
not limited to:
    1. FCC employees who have applied for and received monthly transit 
fare subsidies;
    2. FCC employees and contractors who hold monthly FCC garage 
parking permits;
    3. FCC employees, employee spouses, paid interns and co-op 
students, contractors, and non-FCC Federal agency employees who are 
members of carpools and vanpools that park in the FCC parking garage;
    4. FCC employees who have applied for and received handicap status 
for FCC garage parking assignments as a ``reasonable accommodation''; 
\1\ and
---------------------------------------------------------------------------

    \1\ FCC/OWD-1, ``Reasonable Accommodation Requests under the 
Rehabilitation Act of 1973,'' may also cover individuals who request 
a special parking arrangement as a ``reasonable accommodation.''
---------------------------------------------------------------------------

    5. FCC employees who participate in ridesharing, including the 
Capital Bikeshare Program.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The FCC uses the records in this system to administer the Transit 
Benefit and Parking Permit Programs. These records include, but are not 
limited to, the information that is required to be submitted on the 
following forms and any related documentation that pertains to transit 
benefit subsidies, parking permits, ride-sharing, bike-sharing, and 
other, related transit and commuting programs available to FCC 
employees, contractors, and other individuals, which are sponsored and/
or hosted by the FCC:
    1. Form A-27, ``FCC Pre-Tax Parking Benefit Form,'' including, but 
not limited to:
    Employee Information: FCC employee's name; effective date; pay 
period; parking location; and monthly/daily fee; Benefit: carpool/
vanpool), metro parking, commercial lot, privately-owned lot, parking 
garage, or parking meter; and requested amount; whether the application 
is new, a cancellation, or a change; and effective date; and 
Certification: employee signature; date; and attachments;
    2. Form A-30, ``FCC Parking Application,'' including, but not 
limited to: Applicant's name, FCC bureau/office/division; address 
(required for carpool); FCC badge number; FCC telephone number; FCC 
employee/contractor/paid intern; vehicle year, make, model, state, and 
license plate; handicap perm (yes/no); FCC title (executives only); 
transit benefit participant (yes/no); van pool/car pool riders (FCC and 
Non-FCC employees): name, address, bureau/office or agency, telephone 
number, FCC ID number, and signature; applicant's signature and date; 
and attachments, e.g., handicap certification, etc.;
    3. Form A-75, ``FCC Headquarters Employee Transit Benefit 
Application,'' including, but not limited to:
    A. Applicant Information: applicant's name, home address, bureau/
office, office room number, telephone number, FCC badge number, and 
WMATA Smartrip Card serial number;
    B. Employment Status: full time, part time, paid intern/co-op 
student; and bargaining/non-bargaining unit status;
    C. Mode(s) of Transportation (costs): metro (rail only) and station 
name; metro (rail and bus) and station name; metro (bus only); one-way 
transit user; commuter bus; commuter rail; and/or vanpool;
    D. Telework: approved telework agreement (yes/no); and telework 
days (Monday-Friday);
    E. Employee certification: employee signature and date; and
    F. Transit benefit office action: approved (yes and amount/no), 
disapproved (reason), signature and data; and attachments;
    4. Form A-75-A, ``FCC Employee Transit Benefit Change Request 
Form,'' including, but not limited to:
    A. Applicant Information: applicant's name, home address, bureau/
office, office room number, office telephone number, and FCC badge 
number;
    B. Employment Status: full time, part time, paid intern, or co-op 
student;
    C. Change(s) Requested:
    1. Mode(s) of transportation: metro rail, metro bus, commuter rail,

[[Page 16181]]

commuter bus, one-way transit user, vanpool, other, and transit 
provider name;
    2. Monthly commuting cost: old and new;
    3. Badge number: old and new;
    4. Address change: home address;
    5. Name change: from/to; and
    6. Smartrip Card serial number: old and new; and
    D. Employee Certification: signature; date; and attachments.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 301; 5 U.S.C. 5701-5733; 5 U.S.C. 7905; 26 U.S.C. 132(f); 
40 U.S.C. 101 and 121; 44 U.S.C. 2104 41 CFR 101-20.104-2, 102-74.205-
210 (Ridesharing), and 102-74.265-310 (Parking Facilities); Executive 
Order 9397, as amended by Executive Order 13478; Executive Order 13150; 
Pub. L. 103-172; and the Federal Property and Administrative Services 
Act of 1949, as amended.

PURPOSE(S):
    The FCC will use information in this system, including the PII, to 
administer the Transit Benefit and Parking Permit Programs. This 
information enables the FCC to facilitate the timely processing of 
requests for parking permits, transit benefit subsidies, ride-sharing 
and bike-sharing programs and similar commuting arrangements, and 
other, related program, policies, and activities, which include, but 
are not limited to:
    1. Managing the FCC's transit benefits program that provides 
transportation subsidies for public transit, including but not limited 
to, WMATA Metro train and bus fares; Commuter rail services--Maryland 
Area Rail Commuters MARC and Virginia Railway Express VRE fares; 
Commuter bus services--DASH fares, etc.; One-way transit users; Vanpool 
fares; and other parking and transit subsidies to Federal employees as 
allowed under 5 U.S.C. 7905, 5 U.S.C. 301, and Executive Order 13150 
employee's request to participate in the transit subsidy or FCC garage 
parking program;
    2. Managing the FCC's employee parking, executive parking, 
handicapped parking, and ridesharing programs (vanpools/carpools) for 
FCC employees, contractors, and non-FCC agency employees;
    3. Conducting audits, reviews, oversight, and/or investigations of 
the transit benefits, parking, ridesharing programs (vanpools and 
carpools) to ensure their accuracy and integrity of the Transit 
Benefits and Parking Program, which includes but is not limited to 
cross-checking the Commission's data on parking assignees and transit 
benefit recipients to ensure that they are not participating in both 
programs, unless authorized; and, when appropriate, matching this 
information with the lists of other Federal agencies to ensure that the 
Commission's participants are not registered for a drive-alone, 
carpool, or other parking assignments with any other Federal agency, 
and to identify and locate former employees;
    4. Administering, qualifying, and/or certifying the beneficiaries 
of the Transit Benefits and Parking Program, which includes but is not 
limited to ensure the eligibility of transit subsidy participants and 
to prevent misuse of the funds involved;
    5. Preparing and administering listings and reports for use by the 
FCC and the other Federal, state, and local agencies charged with 
management and oversight of and/or contribution to the Transit Benefits 
and Parking Program subsidies, etc.; and
    6. Ensuring that those non-FCC individuals who are participating in 
the ride-sharing and bike-sharing programs do not pose a security 
threat to FCC Headquarter garage facilities

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. Financial Obligations as required by the National Finance Center 
et al.--When the National Finance Center (the FCC's designated payroll 
office), the Department of the Treasury Debt Management Services, and/
or a current employer to effect a salary, IRS tax refund, pre-tax 
benefit(s), or administrative offset to satisfy an indebtedness; and to 
Federal agencies to identify and locate former employees for the 
purposes of collecting such indebtedness, including through 
administrative, salary, or tax refund offsets. Identifying and locating 
former employees, and the subsequent referral to such agencies for 
offset purposes, may be accomplished through authorized computer 
matching programs. Disclosures will be made only when all procedural 
steps established by the Debt Collection Act of 1982 and the Debt 
Collection Improvement Act of 1996 or the Computer Matching and Privacy 
Protection Act of 1988, as appropriate, have been taken;
    2. Program Partner--To WMATA and other applicable public 
transportations in connection with FCC employees participating in this 
public transportation fare, e.g., Smartrip program at: http://www.wmata.com/riding/smartrip.cfm;
    3. 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 his 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;
    4. Law Enforcement and Investigation--Where there is a real or 
suspected 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, and/or local agencies, 
authorities, and officials for purposes that include but are not 
limited to obtaining additional information relevant to a FCC decision, 
referring the record for investigation, enforcement, or prosecution by 
the Commission or another agency;
    5. Congressional Investigations and Inquiries--To Congress, or, to 
the extent of matter within its jurisdiction, any committee or 
subcommittee thereof, for the purposes of an official Congressional 
investigation, including but not limited to, a request by a 
Congressional office in response to an inquiry made by an individual to 
the Congressional office for the individual's own records;
    6. Government-wide Program Management and Oversight--To the General 
Services Administration (GSA), the National Archives and Records 
Administration (NARA), the Office of Personnel Management (OPM), and/or 
the Government Accountability Office (GAO) for the purpose of records 
management studies conducted under authority of 44 U.S.C. 2904 and 
2906; to the Department of Justice (DOJ) in order 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) in order to obtain that office's advice regarding obligations 
under the Privacy Act. Such a disclosure shall not be used to make a 
determination about individuals;
    7. Labor Relations--To officials of labor organizations recognized 
under 5 U.S.C. Chapter 71 upon receipt of a formal request and in 
accord with the

[[Page 16182]]

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-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. Vanpool, Carpool, and Ridesharing--Vanpool, carpool, and 
rideshare information, i.e., names and residential information (home 
address and personal home and cell phone number(s)) of FCC and non-FCC 
Federal employees and FCC contractors in the ridesharing database, who 
wish to participate in in a vanpool, carpool, and/or other ridesharing 
arrangements for daily commuting to the FCC Headquarters. This 
information is provided to the ridesharing coordinator for the purposes 
of scheduling ride-sharing arrangements;
    10. Statistical Reports on Commuting--To Federal, state, local, and 
related organizations, Metropolitan Washington Council of Governments, 
that are studying local traffic commuting patterns (i.e., compiling 
commuting statistics and reports) by those who use metrorail (WMATA), 
commuter bus, commuter rail (e.g., VRS and MARC), vanpools, carpools, 
and/or ridesharing in their commute to and from work;
    11. Department of Justice (DOJ)--To DOJ or in a proceeding before a 
court or adjudicative body when:
    (a) The United States, the Commission, a component of the 
Commission, or, when represented by the government, an employee of the 
Commission is a party to litigation or anticipated litigation or has an 
interest in such litigation, and
    (b) The Commission determines that the disclosure is relevant or 
necessary to the litigation; and
    12. Medical Certification--To a physician who is making a 
determination on a person's eligibility for a handicapped parking 
permit;
    13. Employment, Clearances, Licensing, Contract, Grant, or other 
Benefits Decisions by the Agency--To a Federal, State, local, foreign, 
tribal, or other public agency or authority 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, the 
retention of a security clearance, the letting of a contract, or the 
issuance or retention of a grant or other benefit;
    14. Employment, Clearances, Licensing, Contract, Grant, or other 
Benefits Decisions by Other than the Agency--To a Federal, State, 
local, foreign, tribal, or other public agency or authority of the fact 
that this system of records contains information relevant to the 
retention of an employee, the retention of a security clearance, the 
letting of a contract, or the issuance or retention of a license, 
grant, or other benefit. The other agency or licensing organization may 
then make a request supported by the written consent of the individual 
for the entire records if it so chooses. No disclosure will be made 
unless the information has been determined to be sufficiently reliable 
to support a referral to another office within the agency or to another 
Federal agency for criminal, civil, administrative, personnel, or 
regulatory action; and
    15. Parking Garage Contractors--To the owners, managers, and staff 
who manage the garage parking for their use in assigning or checking 
the parking permits, checking credentials, assigning spaces, assisting 
with accidents, or other parking issues to ensure that the parking 
program functions properly and that parking privileges are not abused.
    In each of these cases, the FCC will determine whether disclosure 
of the records is compatible with the purpose(s) 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:
    Paper records, files, and documents, which pertain to the 
information concerning the transit benefits and parking program that 
are maintained at the FCC, are stored in file folders in the ASC office 
suite.
    The electronic records, files, and data are housed in the FCC's 
computer network databases, which are reserved for the transit benefit 
and parking permit program, and in the WMATA database that is 
associated with the Smartrip program.

RETRIEVABILITY:
    Both the paper documents and the electronic records and data are 
retrieved by the employee's name, or by the FCC Badge identification 
number, tag, and/or permit number.

SAFEGUARDS:
    The safeguards for the information pertaining to the transit 
benefit and parking permit program, which is maintained by the FCC, are 
as follows:
    1. The paper documents, files, and records are kept in a locked 
cash box contained in a (cylinder lock) drawer. At the close of the 
business day, the cash box is secured in a government issued safe with 
a combination lock. Only authorized ASC supervisors, staff, and 
contractors may have access to these file cabinets. The ASC office 
suite is protected by a card-coded main door to limit access to the 
suite.
    2. The electronic records, files, and data that are stored in the 
FCC computer network databases are secured by limited access card 
readers. Access to the electronic files is restricted to authorized ASC 
supervisors, staff, and contractors, and to the Information Technology 
(IT) staff and contractors, who maintain the FCC's computer network. 
Other FCC employees and contractors may be granted access only on a 
``need-to-know'' basis. The FCC's computer network databases are 
protected by the FCC's security protocols, which include controlled 
access, passwords, and other IT security features and requirements as 
required under the IT guidelines issued by the National Institutes of 
Standards and Technology (NIST) and the Federal Information Security 
Management Act (FISMA) regulations. A PRIVACY ACT WARNING NOTICE 
appears on the monitor screen when records containing information on 
individuals are first displayed. Information resident on the Transit 
Benefits and Parking Program database servers is backed-up routinely 
onto magnetic media. Back-up tapes are stored at secured locations.
    3. Safeguards in place adhere to Federal standards, including the 
NIST, FISMA, and FCC standards.

[[Page 16183]]

RETENTION AND DISPOSAL:
    Records under the control of the FCC are retained for three years 
in accordance with the General Records Schedule 6 (GRS 6) established 
by NARA at http://www.archives.gov/records-mgmt/ardor/grs06.html. Paper 
records are then shredded. Electronic records are destroyed physically 
(electronic storage media) or by electronic erasure.

SYSTEM MANAGER(S) AND ADDRESS:
    Administrative Services Center (ASC), Office of the Managing 
Director (OMD), Federal Communications Commission (FCC), 445 12th 
Street SW., Washington, DC 20554.

NOTIFICATION PROCEDURE:
    Privacy Manager, Federal Communications Commission (FCC), 445 12th 
Street SW., Room 1-A804, Washington, DC 20554.

RECORD ACCESS PROCEDURES:
    Privacy Manager, Federal Communications Commission (FCC), 445 12th 
Street SW., Room 1-A804, Washington, DC 20554.

CONTESTING RECORD PROCEDURES:
    Privacy Manager, Federal Communications Commission (FCC), 445 12th 
Street SW., Room 1-A804, Washington, DC 20554.

RECORD SOURCE CATEGORIES:
    Information in the system is obtained from:
    1. One or more FCC Forms, including but not limited to FCC Forms A-
27, A-30, A-75, and/or A-75-A, which are submitted by individuals who 
apply to participate in the FCC Transit Benefit and Parking Permit 
Programs, including but not limited to metrorail, bus, commuter rail, 
vanpools, carpools, and/or ridesharing arrangements.
    2. WMATA and other agencies concerning individuals (including both 
FCC and non-FCC individuals) who have applied for and/or participate in 
the FCC's transit benefits program and/or the carpool/vanpool programs; 
and
    3. Ride-Share Bike Program information.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison Officer, Office of the Secretary.
[FR Doc. 2016-06815 Filed 3-24-16; 8:45 am]
 BILLING CODE 6712-01-P
Document Created: 2018-02-02 15:17:49
Document Modified: 2018-02-02 15:17:49
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice; one altered Privacy Act system of records; eight new routine uses.
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 April 25, 2016. 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 May 4, 2016. The proposed new system of records will become effective on May 4, 2016 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 altered system to OMB and Congress.
Contact		Contact Leslie F. Smith, Privacy Manager, Information Technology (IT), 1-C216, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554, (202) 418-0217 or via the Internet at [email protected]
FR Citation		81 FR 16176