Establishment of a New System of Records Notice for the Federal
Docket Management System
[Federal Register: March 24, 2005 (Volume 70, Number 56)]
[Notices]
[Page 15086-15088]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24mr05-48]
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ENVIRONMENTAL PROTECTION AGENCY
[Docket No. OEI-2005-0001; FRL-7889-4]
Establishment of a New System of Records Notice for the Federal
Docket Management System
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974 (5
U.S.C. 552a) the EPA, as managing partner of the Federal-wide
eRulemaking, eGovernment Initiative, is giving notice that it proposes
to establish a government-wide system of records, the Federal Docket
Management System (FDMS). The FDMS allows the public to search, view,
download, and comment on all Federal agency rulemaking documents in one
central online system.
DATES: The proposed notice will be effective without further notice on
May 3, 2005.
ADDRESSES: Questions regarding this notice should be referred to
Valerie Brecher-Kovacevic at U.S. EPA, Office of Environmental
Information, M/C 2282V, 1200 Pennsylvania Ave., NW., Washington, DC
20460, 202-632-0339, or via e-mail brecher-kovacevic.valerie@epa.gov.
FOR FURTHER INFORMATION CONTACT: Patrick Micielli,
Micielli.Patrick@epa.gov, 202-632-0350, U.S. EPA, Office of
Environmental Information, M/C 2282V, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460.
SUPPLEMENTARY INFORMATION:
I. General Information
The FDMS serves as a central, electronic 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. An agency may
share documents with other agencies or persons in addition to making
them available to the public on the FDMS Web site. Each agency has sole
responsibility for the documents submitted in support of their rulemakings
and these documents will be processed by the individual agencies.
On behalf of the Federal partner agencies, EPA is publishing this
new system of record notice as the Program Manager (PMO) for the E-
Government, eRulemaking Initiative's FDMS, in order to satisfy the
applicable requirements of the Privacy Act. There will be instances
when a person using FDMS to submit a comment or supporting materials on
a Federal rulemaking must provide name and contact information (e-mail
or mailing address) as required by an agency, or, a person may have the
option to do so, if they would like an agency to contact them regarding
a comment (e.g. if the agency experiences a problem receiving the
comment or needs additional information). A comment that meets all
requirements, as determined by the Federal agency publishing the
rulemaking, will be posted on the Internet (FDMS Web site) for public
viewing and all the contents of the posted comment will be searchable.
The FDMS is a system with full text search capability, which would
include any name and contact information submitted in or as part of a
comment. Each agency has the opportunity to review the data it receives
as part of its rulemakings. An agency may choose to keep certain types
of information contained in a comment submission from being posted
publicly, while preserving the entire document to be reviewed and
considered as part of the rulemaking docket. For example, comments
containing material whose disclosure is restricted by Federal statute,
such as the Children's Online Privacy Protection Act of 1998 (COPPA),
may not be publicly posted, but will be retained and evaluated/
considered by the receiving agency. Each agency manages, accesses, and
controls the information in the FDMS that is submitted to that
particular agency and also maintains the sole ability to disclose the
data submitted to that particular agency.
The FDMS contains information that is submitted in support of
Federal rulemakings, only a limited portion of which is covered under
the Privacy Act. The portion of this system that comes under the Act
includes the information received by agencies that require or accept
personal identifying information (name and contact address/e-mail
address). It will be apparent whether or not an agency requires this
information. There will be set fields to be filled out on the comment
page and clear notification as to whether the information is required
or optional. There will be agencies that do not place these fields on
the comment page as they do not require or offer to collect this
information. Submit your comments, identified by Docket ID No. OEI-
2005-0001, by one of the following methods:
? Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
? Agency Web site: http://www.epa.gov/edocket. EDOCKET is
EPA's electronic public docket and comment system. Follow the on-line
instructions for submitting comments.
? Mail: OEI Docket, Environmental Protection Agency,
Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
? Hand Delivery: OEI Docket, EPA/ DC, EPA West, Room B102,
1301 Constitution Ave., NW., Washington,
[[Page 15087]]
DC. Such deliveries are only accepted during the Docket's normal hours
of operation (8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays), and special arrangements should be made for deliveries
of boxed information.
Instructions: Direct your comments to Docket ID No. OEI-2005-0001.
EPA's policy is that all comments received will be included in the
public docket without change and may be made available online at http://
www.epa.gov/edocket, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through EDOCKET, regulations.gov, or e-
mail. The EPA EDOCKET and the federal regulations.gov websites are
``anonymous access'' systems, 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 e-mail comment directly to EPA without
going through EDOCKET or regulations.gov, your e-mail 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, 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.
Docket: All documents in the docket are listed in the EDOCKET index
at http://www.epa.gov/edocket. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in EDOCKET or in hard
copy at the Docket, EPA/DC, EPA West, Room B102, 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.
Assistance to Individuals With Disabilities in Reviewing the Comments
On request, the docket center 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, you may call 202-566-1744. If you use
a TDD, you may call the Federal Information Relay Service at 1-800-877-
8339.
Dated: March 18, 2005.
Kimberly T. Nelson,
Assistant Administrator and Chief Information Officer.
EPA-GOVT-2
System Name:
Federal Docket Management System (FDMS).
Security Classification:
None.
System Location:
U.S. EPA, Research Triangle Park, NC.
Categories of Individuals Covered by the System:
Any person--including public citizens and representatives of
Federal, state or local governments, businesses, and industries, that
provide personal information while submitting a comment or supporting
materials on a Federal agency rulemaking.
Categories of Records in the System:
Agency rulemaking material. This includes but is not limited to:
pending Federal Register publications; supporting rulemaking
documentation; scientific and financial studies; and public comments
received.
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).
Purpose(s):
To assist the Federal government in allowing the public to search,
view, download, and comment on Federal agency's rulemaking documents in
one central location on-line.
Routine uses of Records Maintained in the System Including Categories
of Users and the Purposes of Such Uses:
This notice covers the following general uses contained within
FDMS: Disclosure for Law Enforcement Purposes; Disclosure Incident to
Requesting Information; Disclosure to Requesting Agency; Disclosure to
Office of Management and Budget; Disclosure to Congressional Offices;
Disclosure to Department of Justice; Disclosure to the National
Archives; Disclosure to Contractors, Grantees, and Others; Disclosures
for Administrative Claims; Complaints and Appeals, and Disclosure in
Connection with Litigation. Agencies must file a separate notice if
they release Privacy Act information in a manner that does not fall
under one of the above routine uses.
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
Records will be maintained in computer databases compliant with DOD
5015.2 electronic records standards.
Retrievability:
The FDMS will have the ability to retrieve records by various data
elements and key word searches, among which are by: Name, Agency,
Docket Type, Docket Sub-Type, Agency Docket ID, Docket Title, Docket
Category, Document Type, CFR Part, Date Comment Received, and Federal
Register Published Date.
Safeguards:
FDMS security protocols will meet multiple NIST Security Standards
from Authentication to Certification and Accreditation. Records in the
FDMS will be maintained in a secure, password protected electronic
system that will utilize security hardware and software to include:
Multiple firewalls, active intruder detection, and role-based access
controls. Additional safeguards will vary by agency.
Retention and Disposal:
Each Federal agency will handle its records in accordance with its
records schedule as approved by the National Archives and Records
Administration (NARA). Electronic data will be retained and disposed of
in accordance with the agency's records schedule pending approval by
the NARA. The majority of documents residing on this system will be
public comments and other documentation in support of federal
rulemakings. All Federal Register publications are part of the FDMS and
are identified as permanent records and retained by NARA.
System Manager(s) Address and Contact Information:
Oscar Morales, Collection Strategies Division, Office of
Information
[[Page 15088]]
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 appropriate agency contact as indicated on the Federal
Register notice or other document to which the information in question
is linked.
Record Access Procedures:
Requesters will be required to provide adequate identification,
such as a driver's license, employee identification card, or other
identifying document. Additional identification procedures may be
required in some instances in accordance with each agency's Privacy Act
regulations; and may be specified in an agency's Federal Register notices.
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:
Any person, including public citizens and representatives of
Federal, state or local governments; businesses; and industries.
System Exempted From Certain Provisions of the Act:
None.
[FR Doc. 05-5823 Filed 3-23-05; 8:45 am]
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