
[Federal Register Volume 81, Number 222 (Thursday, November 17, 2016)]
[Notices]
[Pages 81096-81098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27669]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9955-30-OEI]


Privacy Act of 1974; System of Records

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

ACTION: Notice of amended Privacy Act system of records final.

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SUMMARY: The FOIA Request and Appeal File system of records is being 
amended to include all information and data elements that are being 
collected by the Environmental Protection Agency (EPA) and 
participating agencies as it relates to FOIA requests, appeals and 
responses. This information is being 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. The FOIA Request and 
Appeal File system of records is also being amended to provide an 
additional routine use for the system. The additional routine use being 
added to this system of records, will allow the National Archives and 
Records Administration (NARA), Office of Government Information 
Services (OGIS), and the EPA to share information in the FOIA Request 
and Appeal File system in order to mediate and resolve disputes between 
requesters and administrative agencies without delay. OGIS will work 
directly with each agency using FOIAonline to access case level 
information that is not

[[Page 81097]]

publically available in order to perform mediation services.
    Records are stored in a secure, password protected electronic 
system that utilizes security hardware and software to include multiple 
firewalls, active intruder detection and role-based accessed controls. 
Additional safeguards vary by participating agencies. EPA also has 
records from the period prior to its use of the FOIAonline system which 
are stored in file folders in lockable file cabinets. The FOIA Request 
and Appeal File system is maintained under the authority of the Freedom 
of Information Act, 5 U.S.C. 552.

DATES: Persons wishing to comment on this system or records notice must 
do so by December 27, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OEI-2015-0758, by one of the following methods:
    www.regulations.gov: Follow the online instructions for submitting 
comments.
    Email: oei.docket@epa.gov.
    Fax: 202-566-1752.
    Mail: OEI Docket, Environmental Protection Agency, Mailcode: 2822T, 
1200 Pennsylvania Ave. NW., Washington, DC 20460.
    Hand Delivery: OEI 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-
2015-0758. 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 
Confidential Business Information (CBI) or other information for which 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through www.regulations.gov. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means the EPA will not know your identity or contact information 
unless you provide it in the body of your comment. 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 and with any disk or CD-ROM you submit. 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., CBI 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 OEI 
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 OEI Docket is (202) 566-1752.

FOR FURTHER INFORMATION CONTACT: Larry Gottesman, FOIA, Library and 
Accessibility Division, Office of Environmental Information, Office, 
(202) 566-2162, U.S. EPA, Office of Environmental Information, MC 
2282T, 1200 Pennsylvania Ave. NW., Washington, DC 20460.

SUPPLEMENTARY INFORMATION: The Freedom of Information Act (FOIA) 
Request and Appeal File (EPA-9) system contains a copy of each FOIA 
request and appeal received by the EPA and a copy of all correspondence 
related to the request, including name, affiliation address, telephone 
numbers, and other information about a requester. FOIAonline is managed 
and used by the EPA and other agencies to process, track and respond to 
FOIA requests and appeals. The FOIAonline system provides the EPA and 
partner agencies with a secure, password protected Web site to 
electronically receive, process, track and store requests from the 
public for federal records; post responsive records to a Web site; 
collect data for annual reporting requirements to the Department of 
Justice and manage internal FOIA administration activities. In 
addition, the FOIA system allows the public to submit and track FOIA 
requests and appeals; access requests and responsive records online and 
obtain the status of requests filed with the EPA and partner agencies. 
FOIAonline is a software application used by the EPA and other 
agencies. Social security numbers and other types of personally 
identifiable information may be provided in requests or in responsive 
documents. In some cases, agencies may require this information to 
fulfill a request. All participating agencies will ensure that 
sensitive PII is not made publicly available. The name of a FOIA 
requester may be publicly available and searchable by the public based 
on an agency's policies. With the exception of a requester's name, any 
other personally identifiable information provided by a requester 
during the process of completing the online request form or creating an 
online account (e.g., home addresses, email address and contact 
information) will not be posted to the Web site, nor will it be 
searchable by the public. Personally identifiable information 
determined to be publicly releasable and contained in documents 
released to the public under FOIA (e.g., the names and official contact 
information of government employees or the names of agency 
correspondents) will be publicly available and searchable by the public 
if posted by a participating agency. Individuals accessing the system 
are FOIA Officers, FOIA coordinators, subject matter experts and 
members of the public. Computer records are maintained in a secure, 
password protected computer system that operates in compliance with 
Federal Security Information Modernization Act (FISMA) moderate level 
requirements located at EPA's National Computer Center located at 109 
T.W. Alexander Drive, Durham, NC 27709. All records are maintained in 
secure, access-controlled areas or buildings. The system is maintained 
in the EPA's Office of Environmental Information, Headquarter Program 
Offices, Regional Offices and the Office of General Counsel.

    Dated: October 21, 2016.
Ann Dunkin,
Chief Information Officer.
EPA-9

SYSTEM NAME AND NUMBER:
    Freedom of Information Act (FOIA) Request and Appeal File.

SYSTEM LOCATION:
    EPA's National Computer Center located at 109 T.W. Alexander Drive, 
Durham, NC 27709.

[[Page 81098]]

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Freedom of Information Act, 5 U.S.C. 552.

PURPOSE(S):
    To provide the public a single location to submit and track FOIA 
requests and appeals filed with the EPA and participating agencies, to 
manage internal FOIA administration activities and to collect data for 
annual reporting requirements to the Department of Justice.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    All persons requesting information or filing appeals under the 
Freedom of Information Act.

CATEGORIES OF RECORDS IN THE SYSTEM:
    A copy of each Freedom of Information Act (FOIA) request received 
by the EPA and other participating agencies and a copy of all 
correspondence related to the request, including individuals' names, 
mailing addresses, email addresses, phone numbers, social security 
numbers, dates of birth, alias(es) used by the requester, alien numbers 
assigned to travelers crossing national borders, requesters' parents' 
names, user names and passwords for registered users, FOIA tracking 
numbers, dates requests are submitted and received, related appeals and 
agency responses. Records also include communications with requesters, 
internal FOIA administrative documents (e.g., billing invoices) and 
responsive records.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    General routine uses A, E, F, G, H, K, and L apply to this system. 
Records may also be disclosed to:
    1. Another federal agency (a) with an interest in the record in 
connection with a referral of a Freedom of Information Act (FOIA) 
request to that agency for its views or decision on disclosure, or (b) 
in order to obtain advice and recommendations concerning matters on 
which the agency has specialized experience or particular competence 
that may be useful to an agency in making required determinations under 
the FOIA.
    2. To the National Archives and Records Administration, Office of 
Government Information Services (OGIS), to the extent necessary to 
fulfill its responsibilities in 5 U.S.C. 552(h), to review 
administrative agency policies, procedures and compliance with the 
Freedom of Information Act (FOIA), and to facilitate OGIS' offering of 
mediation services to resolve disputes between persons making FOIA 
requests and administrative agencies.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are stored in file folders in lockable file cabinets. 
Records are also stored in a secure, password protected electronic 
system that utilizes security hardware and software to include multiple 
firewalls, active intruder detection and role-based accessed controls. 
Additional safeguards vary by participating agencies.

POLICIES AND PRACTICES FOR RETRIEVABILITY OF RECORDS:
    Requests are retrieved from the system by numerous data elements 
and key word searches, including name, agency, dates, subject, FOIA 
tracking number and other information retrievable with full-text 
searching capability.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Each federal agency handles its records in accordance with its 
records schedule as approved by NARA. FOIA records are covered under 
NARA General Record Schedule 14--Information Services Records unless a 
participating agency's records are managed under other record schedules 
approved by NARA.

PHYSICAL, PROCEDURAL, AND ADMINISTRATIVE SAFEGUARDS:
    Computer records are maintained in a secure, password protected 
computer system. Paper records are maintained in lockable file 
cabinets. All records are maintained in secure, access-controlled areas 
or buildings.

SYSTEM MANAGER(S):
    Tim Crawford, crawford.tim@epa.gov, U.S. EPA, Office of 
Environmental Information, MC 2822T, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to their own personal information in 
this system of records is 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:
    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.

NOTIFICATION PROCEDURE:
    Any individual who wants to know whether this system of records 
contains a record about him or her, should make a written request to 
the EPA Privacy Officer, MC 2822T, 1200 Pennsylvania Avenue NW., 
Washington, DC 20460.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

[FR Doc. 2016-27669 Filed 11-16-16; 8:45 am]
 BILLING CODE 6560-50-P


