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2018-02812

  • Federal Register, Volume 83 Issue 29 (Monday, February 12, 2018)

    [Federal Register Volume 83, Number 29 (Monday, February 12, 2018)]

    [Notices]

    [Pages 5997-5999]

    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

    [FR Doc No: 2018-02812]

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    COMMODITY FUTURES TRADING COMMISSION

    Privacy Act of 1974; System of Records

    AGENCY: Commodity Futures Trading Commission.

    ACTION: Notice of a new system of records.

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    SUMMARY: The Commodity Futures Trading Commission (CFTC or Commission)

    is establishing a new system of records under the Privacy Act of 1974:

    CFTC-51, Contractors and Consultants. New CFTC-51 addresses information

    collected from individuals who serve as contractors and consultants to

    CFTC.

    DATES: Comments must be received on or before March 14, 2018. This

    action will be effective without further notice on March 14, 2018,

    unless revised pursuant to comments received.

    ADDRESSES: You may submit comments to this notice by any of the

    following methods:

    Agency website, via its Comments Online process: https://comments.cftc.gov. Follow the instructions for submitting comments

    through the website.

    Federal eRulemaking Portal: Comments may be submitted at

    http://www.regulations.gov. Follow the instructions for submitting

    comments.

    Mail: Christopher Kirkpatrick, Secretary of the

    Commission, Commodity Futures Trading Commission, Three Lafayette

    Centre, 1155 21st Street NW, Washington, DC 20581.

    Hand Delivery/Courier: Same as Mail, above.

    Please submit your comments using only one method.

    All comments must be submitted in English, or if not, accompanied

    by an English translation. Comments will be posted as received to

    http://www.cftc.gov. You should submit only information that you wish

    to make available publicly. If you wish the Commission to consider

    information that you believe is exempt from disclosure under the

    Freedom of Information Act (FOIA), a petition for confidential

    treatment of the exempt information may be submitted according to the

    procedures established in Sec. 145.9 of the Commission's regulations,

    17 CFR 145.9.

    The Commission reserves the right, but shall have no obligation, to

    review, pre-screen, filter, redact, refuse, or remove any or all of a

    submission from http://www.cftc.gov that it may deem to be

    inappropriate for publication, such as obscene language. All

    submissions that have been redacted or removed that contain comments on

    the merits of the notice will be retained in the comment file, will be

    considered as required under all applicable laws, and may be accessible

    under the FOIA.

    FOR FURTHER INFORMATION CONTACT: Chief Privacy Officer,

    privacy@cftc.gov, Office of the Executive Director, Commodity Futures

    Trading Commission, Three Lafayette Centre, 1155 21st Street NW,

    Washington, DC 20581.

    SUPPLEMENTARY INFORMATION:

    I. Contractors and Consultants Records

    The Contractors and Consultant records system contains information

    about individuals who have contracted with the CFTC to provide various

    supplies and services. Collection of this information is necessary to

    accurately document, award, and manage procurement actions, including

    ensuring that contractors and consultants are compensated for goods

    delivered or services performed and to track and manage the fulfillment

    of such contractual obligations.

    II. The Privacy Act

    Under the Privacy Act of 1974, 5 U.S.C. 552a, a ``system of

    records'' is

    [[Page 5998]]

    defined as any group of records under the control of a federal

    government agency from which information about individuals is retrieved

    by name or other personal identifier. The Privacy Act establishes the

    means by which government agencies must collect, maintain, and use

    personally identifiable information associated with an individual in a

    government system of records.

    Each government agency is required to publish a notice in the

    Federal Register of a system of records in which the agency identifies

    and describes each system of records it maintains, the reasons why the

    agency uses the personally identifying information therein, the routine

    uses for which the agency will disclose such information outside the

    agency, and how individuals may exercise their rights under the Privacy

    Act to determine if the system contains information about them.

    SYSTEM NAME AND NUMBER

    Contractors and Consultants; CFTC-51.

    SECURITY CLASSIFICATION:

    Unclassified.

    SYSTEM LOCATION:

    This system is located at Department of Transportation Enterprise

    Service Center (ESC) in Oklahoma City, Oklahoma, and the Commodity

    Futures Trading Commission, Three Lafayette Centre, 1155 21st Street

    NW, Washington, DC 20581.

    SYSTEM MANAGER(S):

    Office of Executive Director (OED), Commodity Futures Trading

    Commission, Three Lafayette Centre, 1155 21st Street NW, Washington, DC

    20581.

    AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

    The collection of this information is authorized by or under 5

    U.S.C. 301; Executive Order 9373; the Office of Federal Procurement

    Policy Act (41 U.S.C. 405).

    PURPOSE(S) OF THE SYSTEM:

    The information in the system is being collected to maintain

    records on CFTC contractors and consultants. Collection of this

    information is necessary (1) to accurately document, award, and manage

    procurement actions, including ensuring that contractors and

    consultants are compensated for goods delivered or services performed,

    and (2) to track and manage the fulfillment of such contractual

    obligations from requirements gathering to contract closeout, workload

    management, and reporting.

    CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

    Individuals covered by this system include individuals who serve as

    contractors or consultants to CFTC.

    CATEGORIES OF RECORDS IN THE SYSTEM:

    The system of records includes information that may contain:

    Individual's name, Social Security number, home address, telephone

    numbers (work, home, mobile), email addresses, contract name and

    number, employer, work address, job title, labor category, relevant

    work experience, resumes, CFTC-issued property in the possession of the

    contractor/consultant for the purpose of fulfilling contractual

    requirements, correspondence between the contractor and CFTC, status

    reports, proposals, invoices, financial account and banking

    information, and other pre- and post-award documents.

    RECORD SOURCE CATEGORIES:

    Information in this system is obtained directly from the individual

    who is the subject of these records or from designated third parties,

    for example, the employer of the individual contractor or consultant.

    ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES

    OF USERS AND THE PURPOSES OF SUCH USES:

    These records and information in these records may be used:

    (a) To disclose information to contractors, grantees, volunteers,

    experts, students, and others performing or working on a contract,

    service, grant, cooperative agreement, or job for the Federal

    government when necessary to accomplish an agency function;

    (b) To disclose information to Congress upon its request, acting

    within the scope of its jurisdiction, pursuant to the Commodity

    Exchange Act, 7 U.S.C. 1 et seq., and the rules and regulations

    promulgated thereunder;

    (c) To disclose information to Federal, State, local, territorial,

    Tribal, or foreign agencies for use in meeting their statutory or

    regulatory requirements;

    (d) To disclose to appropriate agencies, entities, and persons when

    (1) the Commission suspects or has confirmed that there has been a

    breach of the system of records; (2) 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 (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 breach or

    to prevent, minimize, or remedy such harm; or

    (e) To disclose to another Federal agency or Federal entity, when

    the Commission 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.

    POLICIES AND PRACTICES FOR STORAGE OF RECORDS:

    The Contractor and Consultant system of records stores records in

    this system electronically or on paper in secure facilities. Electronic

    records are stored on DOT's secure ESC servers or on the Commission's

    secure network and other electronic media as needed, such as encrypted

    hard drives and back-up media. Paper records are stored in secured

    facilities.

    POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:

    Certain information covered by this system of records notice may be

    retrieved by contract name, contract number, name, email address,

    physical address, or other unique individual identifiers, and other

    types of information by keyword search.

    POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:

    Records for this system will be maintained in accordance with the

    retention periods in the dispositions schedules approved by the

    National Archives. All approved schedules are available at http://www.cftc.gov.

    ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:

    Records are protected from unauthorized access and improper use

    through administrative, technical, and physical security measures.

    Administrative safeguards include agency- and system-specific Rules of

    Behavior, agency-wide procedures for safeguarding personally

    identifiable information, and required annual privacy and security

    training. Technical security measures within CFTC include restrictions

    on computer access to authorized individuals who have a legitimate

    need-to-know the information; required use of strong

    [[Page 5999]]

    passwords that are frequently changed; multi-factor authentication for

    remote access and access to many CFTC network components; use of

    encryption for certain data types and transfers; firewalls and

    intrusion detection applications; and regular review of security

    procedures and best practices to enhance security. Physical safeguards

    include restrictions on building access to authorized individuals, 24-

    hour security guard service, and maintenance of records in lockable

    offices and filing cabinets.

    RECORD ACCESS PROCEDURES:

    Individuals seeking to determine whether this system of records

    contains information about themselves or seeking access to records

    about themselves in this system of records should address written

    inquiries to the Office of General Counsel, Commodity Futures Trading

    Commission, Three Lafayette Centre, 1155 21st Street NW, Washington, DC

    20581. See 17 CFR 146.3 for full details on what to include in Privacy

    Act access request.

    CONTESTING RECORD PROCEDURES:

    Individuals contesting the content of records about themselves

    contained in this system of records should address written inquiries to

    the Office of General Counsel, Commodity Futures Trading Commission,

    Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581. See

    17 CFR 146.8 for full details on what to include in a Privacy Act

    amendment request.

    NOTIFICATION PROCEDURES:

    Individuals seeking notification of any records about themselves

    contained in this system of records should address written inquiries to

    the Office of General Counsel, Commodity Futures Trading Commission,

    Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581. See

    17 CFR 146.3 for full details on what to include in a Privacy Act

    notification request.

    EXEMPTIONS PROMULGATED FOR THE SYSTEM:

    None.

    HISTORY:

    None.

    Issued in Washington, DC, on February 7, 2018, by the

    Commission.

    Robert N. Sidman,

    Deputy Secretary of the Commission.

    [FR Doc. 2018-02812 Filed 2-9-18; 8:45 am]

    BILLING CODE 6351-01-P

    Last Updated: February 12, 2018