[Federal Register Volume 78, Number 191 (Wednesday, October 2, 2013)]
[Pages 60868-60870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-24120]



[FRL-9900-43-OEI; EPA-HQ-OEI-2012-0483]

Amendment of the Federal Docket Management System (EPA/GOV-2)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.


SUMMARY: Pursuant to the provisions of the Privacy Act of 1974 (5 USC 
552a), the Environmental Protection Agency (EPA) is giving notice that 
it is amending the Federal Docket Management System (FDMS) system of 
records to add information collected in a Freedom of Information Act 
(FOIA) system. The FOIA system, ``FOIAonline'', is a software 
application on the FDMS system infrastructure. The FOIAonline system is 
used by participating agencies 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 to the current FDMS 
functionalities, 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 participating 

DATES: Persons wishing to comment on this system of records notice must 
do so by November 12, 2013.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OEI-2012-0483 by one of the following methods:
     www.regulations.gov: Follow the online instructions for 
submitting comments.
     Email: [email protected].
     Fax: 202-566-1752.
     Mail: OEI Docket, Environmental Protection Agency, Mail 
code: 2822T, 1200 Pennsylvania Ave. NW., Washington, DC 20460.
     Hand Delivery: OEI Docket, EPA/DC, EPA 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 
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OEI-
2012-0483. 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 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 EPA without going through www.regulations.gov your email 
address will be automatically captured and

[[Page 60869]]

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, 
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 
EPA cannot read your comment due to technical difficulties and cannot 
contact you for clarification, 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 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., confidential 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, EPA 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-

FOR FURTHER INFORMATION CONTACT: eRulemaking Program Management Office, 
(202) 566-1385, U.S. EPA, Office of Environmental Information, M/C 
2282T, 1200 Pennsylvania Ave. NW., Washington, DC 20460.

General Information

    EPA is amending the Federal Docket Management System (FDMS) (System 
number: EPA-GOV-2) to add records collected in a Freedom of Information 
Act (FOIA) system. The system of record notice for FDMS was published 
in the Federal Register on March 24, 2005. The FDMS regulatory system 
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 39 federal 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 Web site. 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 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 on the regualtions.gov Web site for 
public viewing. All the contents of posted comments will be searchable. 
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.
    The FOIA system, FOIAonline, is used by participating agencies to 
administratively control and process requests for records in compliance 
with FOIA and to automate agency FOIA administration activities. 
FOIAonline provides a secure, login access Web site for agencies to 
receive and store requests; assign and process requests; post responses 
online; produce agencies' annual reports to the Department of Justice 
and manage FOIA requests electronically. The system allows the public 
to submit and track requests; search and download requests and 
responsive records; correspond with processing staff and file appeals 
as registered users. Each participating agency manages, accesses, and 
controls requests submitted to it through FOIAonline, including 
responding to requests for information in the possession of the agency 
and making information available in the system's repository of released 
    The name of a FOIA requester will 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 based on 
their internal policies.

    Dated: July 11, 2013.
 Renee P. Wynn,
Acting Assistant Administrator, and Acting Chief Information Officer.

System Name:
    Federal Docket Management System (FDMS).

System Location:
    U.S. EPA, Research Triangle Park, NC.

Categories of Individuals Covered by the System:
    Any individual commenting on a federal agency's rulemaking 
activities or submitting supporting materials and individuals 
requesting access to records pursuant to the Freedom of Information 
Act, 5 U.S.C. 552 (FOIA) or appealing initial denials of their 

Categories of Records in the System:
    Agency rulemaking materials including, but not limited to, Federal 
Register publications, supporting rulemaking documentation, scientific 
and financial studies and public comments. Records also include the 
requests filed for agency records pursuant to FOIA, including 
individuals' names, mailing addresses, email addresses, phone numbers, 
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 administration documents (e.g., billing invoices) and 
responsive records.

Authority for Maintenance of the System:
    Section 206(d) of the E-Government Act of 2002 (Pub. L. 107-347, 44 
U.S.C. Ch 36); Freedom of Information Act, 5 U.S.C. 552; Privacy Act of 
1974, 5 U.S.C. 552a; Clinger-Cohen Act of 1986, 40 U.S.C. 11318; and 5 
U.S.C. 301.

    To provide the public a central online location to search, view, 
download and comment on Federal rulemaking documents and a single 
location to submit and track FOIA requests and appeals filed with 
participating agencies, along with providing the agencies electronic 
FOIA processing and administrative capabilities.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    General routine uses A, B, C, D, E, F, G, H, K, and L apply to this 

[[Page 60870]]

Records may also be disclosed to another Federal agency (a) with an 
interest in an agency 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 agencies in 
making required determinations under FOIA.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
    FDMS security protocols meet all required security standards issued 
by the National Institute of Science and Technology (NIST). Records in 
FDMS are maintained in a secure, password protected electronic system 
that utilizes security hardware and software to include multiple 
firewalls, active intruder detection, and role-based access controls. 
Additional safeguards will vary by agency.

    The system has the ability to retrieve records by numerous data 
elements and key word searches, including name, 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, FOIA tracking number and other information 
retrievable with full-text searching capability.

    The public may access regulatory records in the system at 
www.regulations.gov and FOIA records at https://foiaonline.regulations.gov.

    FDMS security protocols meet multiple NIST security standards from 
authentication to certification and accreditation. Records in the 
system are maintained in a secure, password protected electronic system 
that utilizes security hardware and software to include multiple 
firewalls, active intruder 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.

Retention and Disposal:
    Each Federal agency handles its records in accordance with its 
records schedule as approved by the National Archives and Records 
Administration (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 

System Manager(s) Address and Contact Information:
    eRulemaking PMO, Office of Information Collection, Collection, 
Office of Environmental Information, U.S. EPA, M/C 2282V, 1200 
Pennsylvania Ave NW., Washington, DC 20460.

Notification Procedure:
    Any individual who wants to know whether this system of records 
contains a record about him or her, who wants access to his or her 
record, or who wants to contest the contents of a record, should 
contact the agency conducting the rulemaking activity or to the agency 
that provided the FOIA response, as appropriate.

Record Access Procedure:
    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 and, if necessary, proof of authority). 
Additional identity verification procedures may be required as 
warranted. Requests must meet the requirements of EPA regulations at 40 
CFR part 16.

Contesting Records 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.

Record Source Categories:
    Records deriving for individuals commenting on Federal rulemaking 
activities and filing FOIA requests and appeals.

System Exempted From Certain Provisions of the Act:

[FR Doc. 2013-24120 Filed 10-1-13; 8:45 am]