[Federal Register Volume 84, Number 157 (Wednesday, August 14, 2019)]
[Notices]
[Pages 40407-40409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17459]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9997-51-OMS]


Privacy Act of 1974; System of Records

AGENCY: Office of Mission Support, Environmental Protection Agency 
(EPA).

ACTION: Notice of a modified system of records.

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SUMMARY: The Federal Docket Management System (FDMS), is a regulatory, 
multi-agency use system that contains Federal Register notices, 
materials supporting regulatory actions such as scientific and economic 
analyses, and public comments.
    The system of records is being amended to remove all information 
and data elements related to the Environmental Protection Agency's 
(EPA) Freedom of Information Act (FOIA) tracking system, FOIAonline, 
and to change the number assigned to the FDMS system of records. The 
status and storage of FOIAonline records should henceforth be detailed 
in a separate SORN for that system. The number previously assigned to 
FDMS identified the system as a government wide system of records. FDMS 
is a multi-agency use system and should be identified as such. The 
original system of records notice for FDMS was published in the Federal 
Register on March 24, 2005, was amended on October 2, 2013 and February 
18, 2014, to add records collected and categories of records in a 
Freedom of Information Act (FOIA) system.

DATES: Persons wishing to comment on this system of records notice must 
do so by September 13, 2019. New or Modified routine uses for this 
modified system of records will be effective September 13, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OEI-2015-0757, by one of the following methods:
    Regulations.gov: www.regulations.gov Follow the online instructions 
for submitting comments.
    Email: oei.docket@epa.gov.
    Fax: 202-566-1752.
    Mail: OMS Docket, Environmental Protection Agency, Mail code: 
2822T, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
    Hand Delivery: OMS Docket, EPA/DC, WJC West Building, Room 3334, 
1301 Constitution Ave. NW, Washington, DC. Such deliveries are only 
accepted during the Docket's normal hours of operation, and special 
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OEI-
2015-0757. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Controlled Unclassified Information (CUI) or other information for 
which disclosure is restricted by statute. Do not submit information 
that you consider to be CUI or otherwise protected through 
www.regulations.gov. The www.regulations.gov website is an ``anonymous 
access'' system for EPA, which means the EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. However, over 180 federal partner and participating 
agencies use www.regulations.gov and some may require Personally 
Identifiable Information (PII) and some may not. Each agency determines 
submission requirements within their own internal processes and 
standards. EPA has no requirement of personal information. If you send 
an email comment directly to the EPA without going through 
www.regulations.gov your email address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the internet. If you submit an electronic 
comment, the EPA recommends that you include your name and other 
contact information in the body of your comment. If the EPA cannot read 
your comment due to technical difficulties and cannot contact you for 
clarification, the EPA may not be able to consider your comment. 
Electronic files should avoid the use of special characters, any form 
of encryption, and be free of any defects or viruses. For additional 
information about the EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CUI or other information 
for which disclosure is restricted by statute. Certain other material, 
such as copyrighted material, will be publicly available only in hard 
copy. Publicly available docket materials are available either 
electronically in www.regulations.gov or in hard copy at the OMS 
Docket, EPA/DC, WJC West Building, Room 3334, 1301 Constitution Ave. 
NW, Washington. DC. The Public Reading Room is open from 8:30 a.m. to 
4:30 p.m., Monday through Friday excluding legal holidays. The 
telephone number for the Public Reading Room is (202) 566-1744, and the 
telephone number for the OMS Docket is (202) 566-1752.

FOR FURTHER INFORMATION CONTACT:  Tobias Schroeder, (202) 250-8603, or 
Schroeder.tobias@epa.gov, eRulemaking Program Management Office, U.S. 
EPA, Office of Mission Support, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460.

SUPPLEMENTARY INFORMATION: The Federal Docket Management System (FDMS), 
is a regulatory, multi-agency use system that contains Federal Register 
notices, materials supporting regulatory actions such as scientific and 
economic analyses, and public comments. The repository also contains 
dockets that are non-rulemaking. The system is used by over 180 federal 
partner and participating agencies that conduct rulemaking activities. 
Each agency is responsible for managing its own docket and rulemaking 
documents. An agency may share documents with other agencies or persons 
in addition to making them available to the public on the 
regulations.gov website. Each agency has sole responsibility for 
documents submitted in support of its rulemakings. These documents will 
be processed by the responsible agencies. Some agencies require 
individuals to provide personally identifiable

[[Page 40408]]

information when submitting a comment (e.g., name and contact 
information) that the agency can use if it experiences a problem 
receiving the comment or requires additional information to process the 
comment. A comment that meets all requirements of the recipient agency 
will be posted at www.regulations.gov. Once the comment is posted, the 
public may access those regulatory records. All the contents of posted 
comments will be searchable. Information in FDMS is accessed via the 
FDMS website by FDMS agency administrators, docket managers, rule 
writers, agency viewers (this is a view only access) and records 
managers. Each agency manages, accesses, and controls the information 
in the regulatory system that is submitted to it and maintains the sole 
ability to disclose the information it receives. Records in FDMS are 
maintained in a secure, password protected electronic system that 
utilizes security hardware and software to include multiple firewalls, 
active intrusion detection, and role-based access controls. Additional 
safeguards will vary by agency. FDMS is located at the U.S. EPA, 
Research Triangle Park, N.C. The system is maintained by the Office of 
Mission Support, eRulemaking Program Management Office.

SYSTEM NAME AND NUMBER
    Federal Docket Management System (FDMS), EPA-71.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    U.S. EPA, 109 T.W. Alexander Drive, Durham, NC 27709.

SYSTEM MANAGER(S):
    Tobias Schroeder, (202) 250-8603, or Schroeder.tobias@epa.gov, 
eRulemaking Program Management Office, U.S. EPA, Office of Mission 
Support, MC 2282T, 1200 Pennsylvania Ave. NW, Washington, DC 20460.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Section 206(d) of the E-Government Act of 2002 (Public Law 107-347, 
44 U.S.C. Ch 36); Clinger-Cohen Act of 1986, 40 U.S.C. 11318; and 5 
U.S.C. 301.

PURPOSE(S) OF THE SYSTEM:
    To provide the public a central online location to search, view, 
download and comment on Federal rulemaking documents.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM
    Any individual commenting on a Federal agency's rulemaking 
activities or submitting supporting materials.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Agency rulemaking materials including Federal Register 
publications, supporting rulemaking documentation, scientific and 
financial studies and public comments.

RECORD SOURCE CATEGORIES:
    Agencies and other individuals who create records derived from 
individuals commenting on Federal rulemaking activities.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    The following new routine uses apply to this system because the use 
of the record is necessary for the efficient conduct of government 
operations. The routine uses are related to and compatible with the 
original purpose for which the information was collected. EPA general 
routine uses A (Disclosure for Law Enforcement Purposes), B (Disclosure 
Incident to Requesting Information), C (Disclosure to Requesting 
Agency), D (Disclosure to Office of Management and Budget), E 
(Disclosure to Congressional Offices), F (Disclosure to Department of 
Justice), G (Disclosure to National Archives), H (Disclosure to 
Contractors, Grantees and Others), K (Disclosure in Connection with 
Litigation), apply to this system (73 FR 2245). (https://www.federalregister.gov/documents/2008/01/14/E8-445.pdf) The following 
new routine uses are in accordance with M-17-12.
    To appropriate agencies, entities, and persons when (1) the Agency 
suspects or has confirmed that there has been a breach of the system of 
records, (2) the Agency has determined that as a result of the 
suspected or confirmed breach there is a risk of harm to individuals, 
the Agency (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 Agency's efforts to respond 
to the suspected or confirmed breach or to prevent, minimize, or remedy 
such harm.
    To another Federal agency or Federal entity, when the Agency 
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:
    Records are stored in file folders in lockable file cabinets as 
maintained by the agency from where the record was initiated. Records 
are also stored in a secure, password protected electronic system that 
utilizes security hardware and software to include firewalls, 
encryption, active intrusion detection and role-based access controls. 
Additional safeguards vary by participating agencies.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    The system retrieves records by numerous data elements and key word 
searches, including agency, dates, subject, docket type, docket sub-
type, agency docket ID, docket title, docket category, document type, 
CFR Part, date received and Federal Register publication date, and name 
of the commenter, document, and docket.
    The unique identifiers within the system are the docket ID, comment 
tracking number, and document ID.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Each Federal agency handles its records in accordance with its 
records schedule as approved by the National Archives and Records 
Administration (NARA).

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    FDMS security protocols meet multiple security standards from 
authentication to certification and accreditation, as identified by the 
National Institute of Standards and Technology (NIST). Records in the 
system are maintained in a secure, password protected electronic system 
that utilizes security hardware and software to include multiple 
firewalls, active intrusion detection, and role-based access controls. 
Additional safeguards vary by agency for the regulatory records. 
Security controls are commensurate with those required for an 
information system rated moderate for confidentiality, integrity and 
availability as prescribed by NIST.

RECORD ACCESS PROCEDURES:
    Uncontrolled access to information is restricted to publically 
available information. Partner agencies determine the specific 
unrestricted information that may be accessed by the public. That 
information is posted on an open publically accessible website, 
Regulations.gov. Information

[[Page 40409]]

maintained on FDMS is only available to the particular partner agency 
that posts the particular information. User access is controlled by 
password access. Passwords are maintained in accordance with the 
government security guidelines. Individuals seeking access to their own 
personal information in this system of records are required to provide 
adequate identification (e.g., driver's license, military 
identification card, employee badge or identification card). Additional 
identity verification procedures may be required as warranted. Requests 
must meet the requirements of EPA regulations at 40 CFR part 16.

CONTESTING RECORD PROCEDURES:
    Record content is controlled by individual partner agencies. The 
system collects public comment. All comments are assigned a tracking 
number. Comments are publically viewable. The system does not accept 
requests for correction or amendment only initial input. Requests for 
correction or amendment must identify the record to be changed and the 
corrective action sought. Requests must be submitted to the agency 
contact indicated on the initial document for which the related 
contested record was submitted. Complete EPA Privacy Act procedures are 
described in EPA's Privacy Act regulations at 40 CFR part 16.

NOTIFICATION PROCEDURE:
    Any individual who wants to know whether this system of records 
contains a record about him or her should contact the agency 
responsible for the rulemaking activity that the individual believes 
may contain this information. Agency contact information is provided in 
the corresponding Federal Register notice. If an individual wants to 
contact EPA regarding an EPA rulemaking activity, they should send a 
written request to OMS Docket, Environmental Protection Agency, Mail 
code: 2822T, 1200 Pennsylvania Ave. NW, Washington, DC 20460.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    81 FR 81096--Posted on December 27, 2016--The Environmental 
Protection Agency (EPA) provided notice that it was amending the FOIA 
Request and Appeal File system of records. All information and data 
elements collected by the Environmental Protection Agency (EPA) and 
participating agencies as it relates to FOIA requests, appeals and 
responses was removed from the Federal Docket Management System (FDMS) 
system of records and being added to the FOIA Request and Appeal File 
(EPA-9) system of records.
    79 FR 9201--Posted on February 18, 2014--The Environmental 
Protection Agency (EPA) provided notice that it had amended the Federal 
Docket Management System (FDMS) system of records to include additional 
categories of records. The amendment was required to address additional 
categories of information collected from Freedom of Information Act 
(FOIA) requesters by some participating agencies and information 
voluntarily provided, even when not required.
    78 FR 60868--Posted on October 2, 2013--The Environmental 
Protection Agency (EPA) provided notice that it had amended the Federal 
Docket Management System (FDMS) system of records to add information 
collected in a Freedom of Information Act (FOIA) system.
    73 FR 2245--Posted on January 14, 2008--The Environmental 
Protection Agency provided notice that it proposed to amend its current 
list of General Routine Uses to add a new routine use. The new general 
routine use will allow the Agency to disclose information in its 
systems covered under the Privacy Act to persons and entities that may 
be needed by the Agency to respond, prevent, minimize or remedy harm 
resulting from an actual or suspected breach or compromise of 
personally identifiable information.
    70 FR 15086--Posted on March 24, 2005--The EPA, as managing partner 
of the Federal-wide eRulemaking, eGovernment Initiative, provided 
notice that it proposed to establish a government-wide system of 
records, the Federal Docket Management System (FDMS).

    Dated: August 1, 2019.
Vaughn Noga,
Senior Agency Official for Privacy.
[FR Doc. 2019-17459 Filed 8-13-19; 8:45 am]
 BILLING CODE 6560-50-P


