[Federal Register Volume 78, Number 191 (Wednesday, October 2, 2013)]
[Notices]
[Pages 60868-60870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-24120]
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ENVIRONMENTAL PROTECTION AGENCY
[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.
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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
agencies.
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
information.
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
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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-
1752.
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
records.
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.
EPA-GOVT-2
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
requests.
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.
Purpose(s):
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
system.
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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:
Storage:
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.
Retrievability:
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.
Accessing:
The public may access regulatory records in the system at
www.regulations.gov and FOIA records at https://foiaonline.regulations.gov.
Safeguards:
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
NARA.
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:
None.
[FR Doc. 2013-24120 Filed 10-1-13; 8:45 am]
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