[Federal Register Volume 84, Number 207 (Friday, October 25, 2019)]
[Notices]
[Pages 57484-57486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22922]


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DEPARTMENT OF LABOR

Office of the Secretary

[DOL Docket No. DOL-2019-0007]


Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary, Department of Labor.

ACTION: Notice of a new system of records.

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SUMMARY: The Office of the Secretary of Labor at the Department of 
Labor (DOL) proposes to add a new system of records to its inventory of 
records systems subject to the Privacy Act of 1974, as amended. This 
action is necessary to meet the requirements of the Privacy Act to 
publish in the Federal Register notice of the existence and character 
of records maintained by the agency.

DATES: This System of Records Notice (SORN) is effective upon its 
publication in today's Federal Register with the exception of the 
routine uses. The new routine uses will not be effective until November 
25, 2019 pending public comment. Comments on the new routine uses or 
other aspects of the SORN must be submitted on or before November 25, 
2019.

ADDRESSES: Submit your comments by one of the following methods:
    Electronic Comments: Comments may be sent via http://www.regulations.gov, a Federal E-Government website that allows the 
public to find, review, and submit comments on documents that agencies 
have published in the Federal Register and that are open for comment.
    Mail: Address written submissions (including disk and CD-ROM 
submissions) to Hong Kim, Office of the Assistant Secretary for Policy, 
U.S. Department of Labor, 200 Constitution Avenue NW, Suite 2218, 
Washington, DC 20210, (202) 693-5959 (this is not a toll-free number).
    Instructions: Please submit only one copy of your comments by only 
one method. All submissions must include the agency's name and the 
Docket Number DOL-2019-0007. Please be advised that comments received 
will become a matter of public record and will be posted without change 
to http://www.regulations.gov, including any personal information 
provided. Comments that are mailed must be received by the date 
indicated for consideration.
    Docket: For access to the docket to read background documents or 
comments, go to the Federal e-Rulemaking Portal at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Hong Kim, Office of the Assistant 
Secretary for Policy, U.S. Department of Labor, 200 Constitution Avenue 
NW, Suite 2218, Washington, DC 20210, (202) 693-5959 (this is not a 
toll-free number).

SUPPLEMENTARY INFORMATION: The Department of Labor has established a 
system of records pursuant to the Privacy Act of 1974 (5 U.S.C. 
552a(e)(4)), hereinafter referred to as the Privacy Act. The Office of 
the Secretary of Labor notices for systems of records subject to the 
Privacy Act, have been published in the Federal Register and are 
available from the address above. The Department hereby publishes 
notice of one new system of records.
    The Federal Docket Management System (FDMS) allows the public to 
search, view, download, and comment on all Federal agency rulemaking 
documents in one central online system. The FDMS serves as a central 
electronic

[[Page 57485]]

repository for all Federal rulemaking dockets, which include Federal 
Register notices, supporting materials such as scientific or economic 
analyses, and public comments, as well as non-rulemaking dockets. The 
FDMS is a system used by all Federal agencies that conduct rulemakings. 
Each agency is responsible for managing its own docket and rulemaking 
documents.
    The proposed new system is entitled DOL/CENTRAL-8, Department of 
Labor Federal Docket Management System (DOLFDMS). This system contains 
records submitted via the FDMS. The proposed new system, as required by 
5 U.S.C. 552a(r) of the Privacy Act of 1974, as amended, was submitted 
to the Office of Management and Budget, the Committee on Oversight and 
Government Reform of the House of Representatives, and the Committee on 
Homeland Security and Governmental Affairs of the Senate pursuant to 
OMB Circular A-108.

System Name and Number:
    Department of Labor Federal Docket Management System (DOLFDMS), 
DOL/CENTRAL-8.

Security Classification:
    Unclassified.

System Location:
    Primary location: Offices in various components within the U.S. 
Department of Labor, at the Frances Perkins Building, 200 Constitution 
Avenue NW, Washington, DC 20210, or other Department offices. 
Additionally, pursuant to the Department of Labor's Flexiplace Programs 
(also known as ``telework'' pursuant to the Telework Enhancement Act), 
copies of records may be temporarily located at alternative worksites, 
including employees' homes or at geographically convenient satellite 
offices for part of the workweek. All appropriate safeguards will be 
taken at these sites.
    Third-party service provider: General Services Administration, 1800 
F Street NW, Washington, DC 20405.

System Manager(s):
    Hong Kim, Office of the Assistant Secretary for Policy, Office of 
Regulatory and Programmatic Policy, U.S. Department of Labor, 200 
Constitution Avenue NW, Suite 2218, Washington, DC 20210, (202) 693-
5959 (this is not a toll-free number).

Authority for Maintenance of the System:
    The Administrative Procedure Act, 5 U.S.C Sec.  551 et seq. (1946); 
The Paperwork Reduction Act, 44 U.S.C. 3501 et seq. (1995).

Purpose(s) of the System:
    The purpose of this system of records is to permit the Department 
of Labor (DOL) to identify individuals who have submitted comments in 
response to DOL and component sub-agencies rulemaking documents or 
notices so that communications or other actions, as appropriate and 
necessary, can be effected, such as a need to seek clarification of the 
comment, providing a direct response if warranted, and for such other 
needs as may be associated with the rulemaking or notice process. 
Additional purposes include providing the public with a central online 
location to search, view, download and comment on Federal rulemaking 
documents.

Categories of Individuals Covered by the System:
    Any individual who provides personal information when submitting a 
public comment and/or supporting materials in response to a Department 
of Labor, or its sub-agencies, rulemaking document or notice.

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. Information submitted by 
public comment may include full name, postal address, email address, 
phone and fax number, name of the organization the individual 
represents, name of any individual serving as a representative for the 
individual submitting the comment, and the comments, as well as other 
supporting documentation, furnished by the individual.

Record Source Categories:
    Records deriving from individuals commenting on Federal rulemaking 
activities.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and Purposes of Such Uses:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed to authorized 
entities, as is determined to be relevant and necessary, outside DOL as 
a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:

Congressional Inquiries Disclosure Routine Use:
    The following Universal Routine Use for DOL Privacy Act Systems 
applies: Disclosure from a system of records maintained by a DOL Agency 
may be made to a Member of Congress or to a Congressional staff member 
in response to an inquiry of the Congressional office made at the 
written request of the constituent about whom the record is maintained.

Disclosure to the Department of Justice for Litigation Routine Use:
    The following Universal Routine Use for DOL Privacy Act Systems 
applies: To the Department of Justice when: (a) DOL or any component 
thereof; or (b) any employee of DOL in his or her official capacity; or 
(c) the United States Government, is a party to litigation or has an 
interest in such litigation, and by careful review, DOL determines that 
the records are both relevant and necessary to the litigation, and the 
use of such records by the Department of Justice is for a purpose that 
is compatible with the purpose for which DOL collected the records.

Disclosure of Information to the National Archives and Records 
Administration Routine Use:
    The following Universal Routine Use for DOL Privacy Act Systems 
applies: A record from a system of records maintained by a DOL Agency 
may be disclosed as a routine use to the National Archives and Records 
Administration for the purpose of records management inspections 
conducted under authority of 44 U.S.C. 2904 and 2906.

Privacy Act Routine Uses Required to Respond to a Breach:
    (1) To appropriate agencies, entities, and persons when (1) DOL 
suspects or has confirmed that there has been a breach of the system of 
records, (2) DOL has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, DOL (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 DOL efforts to respond to the suspected or confirmed 
breach or to prevent, minimize, or remedy such harm.
    (2) To another Federal agency or Federal entity, when DOL 
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

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Federal Government, or national security, resulting from a suspected or 
confirmed breach.

Policies and Practices for Storage of Records:
    Paper file folders and electronic storage media.

Policies and Practices for Retrieval of Records:
    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, Federal Register 
publication date, and other information retrievable with full-text 
searching capability.

Policies and Practices for Retention and Disposal of Records:
    Comments on rulemaking are permanent; retired to a Federal Records 
Center when superseded; and transferred to the National Archives when 
30 years old. Comments on notices are disposed of after one (1) year.

Administrative, Technical, and Physical Safeguards:
    Records 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. Paper records will be maintained in a controlled facility 
where physical entry is restricted by the use of locks, guards, or 
administrative procedures. Access to records is limited to those 
officials who require the records to perform their official duties 
consistent with the purpose for which the information was collected. 
All personnel whose official duties require access to the information 
are trained in the proper safeguarding and use of the information.

Record Access Procedures:
    Individuals seeking access to records about themselves contained in 
this system of records should address a written request to the Office 
of the Assistant Secretary for Policy, Office of Regulatory and 
Programmatic Policy, 200 Constitution Avenue NW, Washington, DC 20210.
    Signed, written requests should contain full name, address, and 
telephone number. As appropriate, requests may be referred to the DOL 
Agency responsible for the rulemaking or notice for processing.

    Note: FDMS permits a member of the public to download any of the 
public comments received. If an individual has voluntarily furnished 
his or her name when submitting the comment, the individual, as well 
as the public, can view and download the comment by searching on the 
name of the individual. If the comment is submitted electronically 
using the FDMS system, the viewed comment will not include the name 
of the submitter or any other identifying information about the 
individual except that which the submitter has opted to include as 
part of his or her general comments. However, a comment submitted in 
writing that has been scanned and uploaded into the FDMS system will 
display the submitter's identifying information that has been 
included as part of the written correspondence.

Contesting Record Procedures:
    A petition for amendment should be mailed to the System Manager, 
and should include contact information for the requester. Requests for 
correction or amendment must identify the record to be changed and the 
corrective action sought.

Notification Procedures:
    Individuals seeking to determine whether this system of records 
contains information about themselves should address written inquiries 
to the Department of Labor, Office of the Assistant Secretary for 
Policy, Office of Regulatory and Programmatic Policy, 200 Constitution 
Avenue NW, Washington, DC 20210. Requests should contain full name, 
address, and telephone number.

    Note: FDMS permits an individual, as well as a member of the 
public, to search the public comments received by the name of the 
individual submitting the comment. Unless the individual submits the 
comment anonymously, a name search will result in the comment being 
displayed for view. If the comment is submitted electronically using 
the FDMS system, the viewed comment will not include the name of the 
submitter or any other identifying information about the individual 
except that which the submitter has opted to include as part of his 
or her general comments. However, a comment submitted in writing 
that has been scanned and uploaded into the FDMS system will display 
the submitter's identifying information that has been included as 
part of the written correspondence.

Exemptions Promulgated for the System:
    None.

History:
    None.

    Dated: October 16, 2019.
Bryan Slater,
Assistant Secretary for Administration & Management.
[FR Doc. 2019-22922 Filed 10-24-19; 8:45 am]
 BILLING CODE 4510-04-P