[Federal Register Volume 82, Number 84 (Wednesday, May 3, 2017)]
[Notices]
[Pages 20597-20600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08950]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION

[Docket ID ED-2016-OGC-0129]


Privacy Act of 1974; System of Records

AGENCY: Office of General Counsel, Department of Education.

ACTION: Notice of a modified system of records.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Education (the Department) publishes this notice of a modified system 
of records entitled ``Department of Education Federal Docket Management 
System (EDFDMS) (18-09-05).'' EDFDMS contains individually identifying 
information voluntarily provided by individuals who submit public 
comments on the Department's rulemaking documents that are in the 
Federal Docket Management System (FDMS). FDMS is an interagency system 
that allows the public to search, view, download, and comment on 
Federal agency rulemaking documents through a single online system. The 
public accesses the FDMS Web portal at http://www.regulations.gov.

DATES: Submit your comments on this modified system of records notice 
on or before June 2, 2017.
    The Department filed a report describing the modified system of 
records covered by this notice with the Chair of the Senate Committee 
on Homeland Security and Governmental Affairs, the Chair of the House 
Committee on Oversight and Government Reform, and the Deputy 
Administrator of the Office of Information and Regulatory Affairs, 
Office of Management and Budget (OMB), on March 29, 2017. This modified 
system of records will become effective upon publication in the Federal 
Register on May 3, 2017, unless the modified system of records notice 
needs to be changed as a result of public comment. Newly proposed 
routine use (10) in the paragraph entitled ``ROUTINE USES OF RECORDS 
MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF 
SUCH USES'' will become effective on June 2, 2017, unless the modified 
system of records notice needs to be changed as a result of public 
comment. The Department will publish any significant changes resulting 
from public comment.

ADDRESSES: Submit your comments through the Federal eRulemaking Portal 
or via postal mail, commercial delivery, or hand delivery. We will not 
accept comments submitted by fax or by email

[[Page 20598]]

or those submitted after the comment period. To ensure that we do not 
receive duplicate copies, please submit your comments only once. In 
addition, please include the Docket ID at the top of your comments.
     Federal eRulemaking Portal: Go to www.regulations.gov to 
submit your comments electronically. Information on using 
Regulations.gov, including instructions for accessing agency documents, 
submitting comments, and viewing the docket, is available on the site 
under the ``help'' tab.
     Postal Mail, Commercial Delivery, or Hand Delivery: If you 
mail or deliver your comments about this modified system of records, 
address them to: Hilary Malawer, Assistant General Counsel, Regulatory 
Services Division, Office of the General Counsel, U.S. Department of 
Education, 400 Maryland Avenue SW., Washington, DC 20202-6110
    Privacy Note: The Department's policy is to make all comments 
received from members of the public available for public viewing in 
their entirety on the Federal eRulemaking Portal at 
www.regulations.gov. Therefore, commenters should be careful to include 
in their comments only information that they wish to make publicly 
available.
    Assistance to Individuals with Disabilities in Reviewing the 
Rulemaking Record: On request, we will supply an appropriate aid, such 
as a reader or print magnifier, to an individual with a disability who 
needs assistance to review the comments or other documents in the 
public rulemaking record for this notice. If you want to schedule an 
appointment for this type of aid, please contact the person listed 
under FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Hilary Malawer, Assistant General 
Counsel, Regulatory Services Division, Office of the General Counsel. 
Telephone: (202) 401-6148.
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), you may call the Federal Relay Service (FRS) at 1-800-
877-8339.

SUPPLEMENTARY INFORMATION: 
    Introduction: The Privacy Act of 1974, as amended (Privacy Act) (5 
U.S.C. 552a), requires the Department to publish in the Federal 
Register this notice of a modified system of records maintained by the 
Department. The Department's regulations implementing the Privacy Act 
are contained in the Code of Federal Regulations (CFR) in 34 CFR part 
5b. The Privacy Act applies to information about an individual that 
contains individually identifiable information that is retrieved by a 
unique identifier associated with each individual, such as a name or 
Social Security number. The information about each individual is called 
a ``record,'' and the system, whether manual or computer-based, is 
called a ``system of records.'' The Privacy Act requires each agency to 
publish notices of systems of records in the Federal Register and to 
prepare reports for OMB whenever the agency publishes a new system of 
records or makes a significant change to an established system of 
records. Each agency is also required to send copies to the Chair of 
the Senate Committee on Governmental Affairs and the Chair of the House 
Committee on Government Reform. These reports are intended to permit an 
evaluation of the probable or potential effect of the proposal on the 
privacy or other rights of individuals.
    The Department of Education Federal Docket Management System 
(EDFDMS) (18-09-05) system of records was last published in the Federal 
Register on November 27, 2007 (72 FR 66155). The system is being 
modified to provide a more precise description of the purpose of this 
system of records, which is to facilitate public participation in the 
rulemaking process through electronic means. The system is also being 
modified to update how the information is stored utilizing updated 
security hardware and software, including multiple firewalls, active 
intruder detection, and role-based access controls. The retention and 
disposition schedule is also being updated to reflect the specific 
Department records schedule related to this system.
    The Department also proposes to add to this system of records 
notice a new routine use (10) entitled ``Disclosure in Assisting 
another Agency in Responding to a Breach of Data''. This will allow the 
Department to disclose records in this system to another Federal agency 
or entity in order to assist the recipient agency in responding to a 
suspected or confirmed breach of data.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) on request to the person listed under FOR 
FURTHER INFORMATION CONTACT.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. Free 
Internet access to the official edition of the Federal Register and the 
Code of Federal Regulations is available via the Federal Digital System 
at: www.gpo.gov/fdsys. At this site you can view this document, as well 
as all other documents of the Department published in the Federal 
Register, in text or Portable Document Format (PDF). To use PDF you 
must have Adobe Acrobat Reader, which is available free at the site. 
You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

    Dated: April 28, 2017.
Phillip H. Rosenfelt,
Acting General Counsel.

SYSTEM NAME AND NUMBER:
Department of Education Federal Docket Management System (EDFDMS) (18-
09-05).

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    The central location is at the U.S. Environmental Protection 
Agency, Research Triangle Park, NC 27711-0001. Access is available 
through the Internet from other locations.

SYSTEM MANAGER:
    Assistant General Counsel, Regulatory Services Division, Office of 
the General Counsel, U.S. Department of Education, 400 Maryland Avenue 
SW., Washington, DC 20202-6110.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Section 206(d) of the E-Government Act of 2002 (Pub. L. 107-347, 44 
U.S.C. 3501 note); 20 U.S.C. 3474; 20 U.S.C. 1221e-3; 5 U.S.C. 301; and 
5 U.S.C. 553.

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system of records is 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:
    Information on individuals who voluntarily provide individually 
identifying information when submitting a public comment or supporting 
materials in response to a Department of Education (Department) 
rulemaking document or notice in the Federal Docket Management System 
(FDMS) are covered by this system. Although this system may also 
contain information on and public comments submitted by representatives 
of governmental or organizational entities, the purpose for which the 
Department is

[[Page 20599]]

establishing this system of records is only to cover individuals 
protected under the Privacy Act of 1974, as amended (Privacy Act) (5 
U.S.C. 552a(a)(2)).

CATEGORIES OF RECORDS IN THE SYSTEM:
    The categories of records in the system include: First name, last 
name, category (such as parent/relative, student, teacher, local 
educational agency, or lender), city, country, State or province, email 
address, organization name, submitter's representative, government 
agency type, government agency, additional information provided in the 
``General Comments'' section, and other supporting documentation 
furnished by the submitter.

RECORD SOURCE CATEGORIES:
    Information maintained in this system of records is obtained from 
anyone who chooses to voluntarily submit a public comment or supporting 
materials in response to a Department rulemaking document or notice, 
including individuals and representatives of Federal, State or local 
governments, businesses, and other organizations.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    The Department may disclose information contained in a record in 
this system of records under the routine uses listed in this system of 
records without the consent of the individual if the disclosure is 
compatible with the purposes for which the record was collected. These 
disclosures may be made on a case-by-case basis or, if the Department 
has complied with the computer matching requirements of the Privacy 
Act, under a computer matching agreement.
    (1) Disclosure to the Public. With few exceptions, the Department 
may disclose information in EDFDMS to any member of the public. EDFDMS 
permits members of the public to search the public comments that are 
received by the Department and included in FDMS by the name of the 
individual submitting the comment. Unless the individual submits a 
comment anonymously, a full-text search, using the individual's name, 
will generally result in the comment and the commenter's information 
being displayed for view. With few exceptions, comments that are 
submitted using the FDMS system will include any information that the 
commenter provided when submitting the comment. In addition, with few 
exceptions, comments that are submitted in writing and then scanned and 
uploaded into the FDMS system will include any identifying information 
about the submitter that is provided in the written comment. If a 
commenter provides individually identifying information about a third 
party, a full-text search using the third party's name, with some 
exceptions, will result in the third party's information being 
displayed for view.

    Note: Identification of an individual commenter or third party 
is possible only if the commenter voluntarily provides his or her 
name or contact information, or that of a third party. If this 
information is not furnished, the submitted comments or supporting 
documentation cannot be linked to the commenter or a third party.

    (2) Disclosure for Use by Other Law Enforcement Agencies. The 
Department may disclose information to any Federal, State, local, or 
foreign agency, or other public authority responsible for enforcing, 
investigating, or prosecuting violations of administrative, civil, or 
criminal law or regulation if that information is relevant to any 
enforcement, regulatory, investigative, or prosecutorial responsibility 
within the receiving entity's jurisdiction.
    (3) Enforcement Disclosure. In the event that information in this 
system of records indicates, either on its face or in connection with 
other information, a violation or potential violation of any applicable 
statute, regulation, or order of a competent authority, the Department 
may disclose the relevant records to the appropriate agency, whether 
foreign, Federal, State, Tribal, or local, charged with the 
responsibility of investigating or prosecuting that violation or 
charged with enforcing or implementing the statute, Executive order, 
rule, regulation, or order issued pursuant thereto.
    (4) Litigation and Alternative Dispute Resolution (ADR) Disclosure.
    (a) Introduction. In the event that one of the parties listed below 
is involved in judicial or administrative litigation or ADR, or has an 
interest in judicial or administrative litigation or ADR, the 
Department may disclose certain records to the parties described in 
paragraphs (b), (c), and (d) of this routine use under the conditions 
specified in those paragraphs:
    (i) The Department or any of its components.
    (ii) Any Department employee in his or her official capacity.
    (iii) Any Department employee in his or her individual capacity if 
the U.S. Department of Justice (DOJ) has been requested to or has 
agreed to provide or arrange for representation for the employee.
    (iv) Any Department employee in his or her individual capacity 
where the Department has agreed to represent the employee.
    (v) The United States where the Department determines that the 
litigation is likely to affect the Department or any of its components.
    (b) Disclosure to DOJ. If the Department determines that disclosure 
of certain records to DOJ is relevant and necessary to litigation or 
ADR, the Department may disclose those records as a routine use to DOJ.
    (c) Adjudicative Disclosure. If the Department determines that it 
is relevant and necessary to the litigation or ADR to disclose certain 
records to an adjudicative body before which the Department is 
authorized to appear, to an individual, or to an entity designated by 
the Department or otherwise empowered to resolve or mediate disputes, 
the Department may disclose those records as a routine use to the 
adjudicative body, individual, or entity.
    (d) Disclosure to parties, counsels, representatives, or witnesses. 
If the Department determines that disclosure of certain records to a 
party, counsel, representative, or witness is relevant and necessary to 
the litigation or ADR, the Department may disclose those records as a 
routine use to the party, counsel, representative, or witness.
    (5) Freedom of Information Act (FOIA) and Privacy Act Advice 
Disclosure. The Department may disclose records to DOJ or the Office of 
Management and Budget if the Department concludes that disclosure is 
desirable or necessary in determining whether particular records are 
required to be disclosed under the FOIA or the Privacy Act.
    (6) Disclosure to DOJ. The Department may disclose records to DOJ 
to the extent necessary for obtaining DOJ advice on any matter relevant 
to an audit, inspection, or other inquiry related to the programs 
covered by this system.
    (7) Contract Disclosure. If the Department contracts with an entity 
for the purposes of performing any function that requires disclosure of 
records in this system to employees of the contractor, the Department 
may disclose the records to those employees. Before entering into such 
a contract, the Department shall require the contractor to maintain 
Privacy Act safeguards as required under 5 U.S.C. 552a(m) with respect 
to the records in the system.
    (8) Congressional Member Disclosure. The Department may disclose 
the records of an individual to a member of Congress or the member's 
staff in response to an inquiry from the member

[[Page 20600]]

made at the written request of that individual. The member's right to 
the information is no greater than the right of the individual who 
requested the inquiry.
    (9) Disclosure in the Course of Responding to a Breach of Data. The 
Department may disclose records from this system to appropriate 
agencies, entities, and persons when (1) the Department suspects or has 
confirmed that there has been a breach of the system of records; (2) 
the Department has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, the Department 
(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 Department's efforts to respond to the 
suspected or confirmed beach or to prevent, minimize, or remedy such 
harm.
    (10) Disclosure in Assisting another Agency in Responding to a 
Breach of Data. The Department may disclose records from this system to 
another Federal agency or Federal entity, when the Department 
determines that information from this system of records is reasonably 
necessary to assist the recipient agency or entity (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:
    EDFDMS security protocols meet all required security standards 
issued by the National Institute of Standards and Technology (NIST). 
Records in EDFDMS 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.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    EDFDMS enables record retrieval by various data elements and key 
word searches. These data elements are: Document identification number, 
comment tracking number, document title, Code of Federal Regulation 
(CFR) (search for a specific title within the CFR), CFR citation 
(search for the part or parts within the CFR title being searched), 
document type, document sub type, date posted, and comment period end 
date.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The records in this system will be retained and disposed of in 
accordance with the Department's Record Schedule ED 253--Rulemaking 
Case Files. Under ED 253 part C, Notices of Proposed Rulemaking, Public 
Comments, and Negotiated Rulemaking Records, records are temporary. The 
date to start the clock for record-keeping purposes is December 31 of 
the year in which the final rule was published. Records in this system 
will be destroyed/deleted five years after publication.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    As discussed above in routine use (1), Disclosure to the Public, 
any member of the public who accesses FDMS through http://www.regulations.gov and searches the comments associated with the 
Department's rulemakings can view EDFDMS records that are included in 
FDMS.
    To the extent paper records from this system of records are 
maintained, they will be maintained in a controlled facility where 
physical entry is restricted by locks, guards, and administrative 
procedures.
    Access to electronic and paper EDFDMS records that are not 
otherwise available to the public through FDMS is limited to those 
Department and contract staff who require the records to perform their 
official duties consistent with the purposes for which the information 
was collected. Personnel whose official duties require access to either 
electronic or written EDFDMS records that are not otherwise available 
to the public through FDMS are trained in the proper safeguarding and 
use of the information.

RECORD ACCESS PROCEDURES:
    If you wish to request access to your records, you should contact 
the system manager at the address listed under SYSTEM MANAGER AND 
ADDRESS. Requests should contain your full name, address, and telephone 
number. Your request must meet the requirements of regulations in 34 
CFR 5b.5, including proof of identity.

CONTESTING RECORD PROCEDURES:
    If you wish to contest the content of a record regarding you in the 
system of records, contact the system manager. Your request must meet 
the requirements of the regulations in 34 CFR 5b.7, including proof of 
identity.

NOTIFICATION PROCEDURE:
    If you wish to inquire whether a record exists regarding you in 
this system, you should contact the system manager at the address 
listed above. You must provide your full name, address, and telephone 
number. Your request must meet the requirements of the Department's 
Privacy Act regulations at 34 CFR 5b.5, including proof of identity.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    The Department of Education Federal Docket Management System 
(EDFDMS) (18-09-05) system of records was last published in the Federal 
Register on November 27, 2007 (72 FR 66155).
[FR Doc. 2017-08950 Filed 5-2-17; 8:45 am]
 BILLING CODE 4000-01-P