Privacy Act of 1974; System of Records-Department of Education Federal Docket Management System (EDFDMS), 66155-66158 [E7-23058]
Download as PDF
Federal Register / Vol. 72, No. 227 / Tuesday, November 27, 2007 / Notices
Dated: November 16, 2007.
Diane Auer Jones,
Assistant Secretary, U.S. Department of
Education, Office of Postsecondary
Education.
[FR Doc. E7–22988 Filed 11–26–07; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF EDUCATION
Privacy Act of 1974; System of
Records—Department of Education
Federal Docket Management System
(EDFDMS)
Office of the General Counsel,
Department of Education.
ACTION: Notice of a new system of
records.
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AGENCY:
SUMMARY: In accordance with the
Privacy Act of 1974, as amended
(Privacy Act), the Department of
Education (Department) publishes this
notice of a new 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 https://
www.regulations.gov.
DATES: The Department seeks comment
on the new system of records described
in this notice, in accordance with the
requirements of the Privacy Act. We
must receive your comments on the
proposed routine uses for the system of
records referenced in this notice on or
before December 27, 2007.
The Department filed a report
describing the new 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 Administrator of the Office of
Information and Regulatory Affairs,
Office of Management and Budget
(OMB) on November 21, 2007. This
system of records will become effective
at the later date of—(1) The expiration
of the 40-day period for OMB review on
December 31, 2007, unless OMB waives
10 days of the 40-day review period for
compelling reasons shown by the
Department, or (2) December 27, 2007,
unless the system of records needs to be
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changed as a result of public comment
or OMB review.
ADDRESSES: Address all comments about
the proposed routine uses to Elizabeth
McFadden, Assistant General Counsel,
Regulatory Services Division, Office of
the General Counsel, U.S. Department of
Education, 400 Maryland Avenue, SW.,
room 6E227, Washington, DC 20202–
6110. Telephone: (202) 401–6307. If you
prefer to send comments through the
Internet, use the following address:
comments@ed.gov.
You must include the term
‘‘EDFDMS’’ in the subject line of the
electronic message.
During and after the comment period,
you may inspect all comments about
this notice in room 6E227, 400
Maryland Avenue, SW., Washington,
DC, between the hours of 8 a.m. and
4:30 p.m., Eastern time, Monday
through Friday of each week except
Federal holidays.
Assistance to Individuals With
Disabilities in Reviewing the
Rulemaking Record
On request, we will supply an
appropriate aid 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:
Elizabeth McFadden. Telephone: (202)
401–6307. If you use a
telecommunications device for the deaf
(TDD), call the Federal Relay Service
(FRS) at 1–800–877–8339.
Individuals with disabilities can
obtain this document in an alternative
format (e.g., Braille, large print,
audiotape, or computer diskette) on
request to the contact person listed in
this section.
SUPPLEMENTARY INFORMATION:
Introduction
FDMS serves as a central, electronic
repository for Federal rulemaking
dockets and includes Federal Register
notices, supporting materials such as
scientific or economic analyses, and
public comments, as well as nonrulemaking dockets. Each agency that
uses FDMS, including the Department,
is responsible for managing its own
dockets and rulemaking documents.
Through the Department’s portion of
FDMS, members of the public may
comment on the Department’s
rulemaking documents contained in the
system. In order to submit a comment
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66155
through the Department’s portion of
FDMS, members of the public only need
to complete two fields—the ‘‘Category’’
field and the ‘‘General Comments’’ field.
To complete the ‘‘Category’’ field,
commenters are prompted to select the
most appropriate category from the
following list: Parent/relative, teacher,
student, individual, public elementary/
secondary school, private elementary/
secondary school, school administrator,
institution of higher education, lender,
guarantor, local educational agency,
State educational agency, State agency,
association/organization, Federal
agency, child advocate, lobbyist, law
firm, tribal organization, and other. The
‘‘General Comments’’ field in FDMS is
a free text field in which individuals
provide their actual comments. In
addition to these two required fields,
commenters may, but are not required
to, provide the following information:
First name, last name, city, country,
State or province, e-mail address,
organization name, submitter’s
representative, government agency type,
and government agency.
Generally, the Department makes all
of the information provided by
commenters, including commenters’
names and other individually
identifying information provided within
the comments, publicly viewable on the
Federal government’s interagency FDMS
Web portal at https://
www.regulations.gov. FDMS has full
text search capability, enabling any
member of the public to search all
public submissions on any Department
rulemaking in FDMS by any term,
including any name and contact
information submitted in or as part of a
comment.
On the https://www.regulations.gov
Web site and in the Department’s
notices of proposed rulemaking, the
Department clearly notifies the public
that, with few exceptions, comments
received from members of the public
(including those comments submitted
by mail, commercial delivery, or hand
delivery) are made publicly available on
the Federal eRulemaking Portal (https://
www.regulations.gov) without change.
The Department makes efforts to ensure
that comments containing material the
disclosure of which is restricted by
Federal law, such as the Children’s
Online Privacy Protection Act of 1998
(COPPA), are not made publicly
available. While not publicly posted, the
Department will retain, evaluate, and
consider these comments. EDFDMS is
comprised of both these comments that
are not publicly available, as well as the
comments on the Department’s
rulemakings that are available to the
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Federal Register / Vol. 72, No. 227 / Tuesday, November 27, 2007 / Notices
public through https://
www.regulations.gov.
The Privacy Act
The Department is publishing this
new system of records notice, in
accordance with the applicable
requirements of the Privacy Act, to
inform the public about how it will
collect, maintain, use, and disclose the
information that members of the public
provide when commenting on a
Department rulemaking that is part of
FDMS.
The Privacy Act applies to
information about individuals that
contains individually identifying
information and 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 to OMB and Congress
whenever the agency publishes a new
system of records.
The portion of the EDFDMS system
that comes under the Privacy Act
includes only the individually
identifying information that
commenters voluntarily submit to the
Department when they comment on the
Department’s rulemaking documents in
FDMS. The Privacy Act, 5 U.S.C.
552a(e)(4), requires the Department to
publish in the Federal Register this
notice of a new 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.
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Electronic Access to This Document
You may view this document, as well
as all other documents of this
Department published in the Federal
Register, in text or Adobe Portable
Document Format (PDF) on the Internet
at the following site: https://www.ed.gov/
news/fedregister.
To use PDF you must have Adobe
Acrobat Reader, which is available free
at this site. If you have questions about
using PDF, call the U.S. Government
Printing Office (GPO), toll free, at 1–
888–293–6498; or in the Washington,
DC area, at (202) 512–1530.
Note: 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 on GPO
Access at: https://www.gpoaccess.gov/nara/
index.html.
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Dated: November 21, 2007.
Kent D. Talbert,
General Counsel.
For the reasons discussed in the
preamble, the General Counsel of the
Department of Education publishes a
notice of a new system of records to
read as follows:
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
18–09–05
SYSTEM NAME:
Department of Education Federal
Docket Management System (EDFDMS).
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.
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 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 establishing
this system of records is only to cover
individuals protected under the Privacy
Act of 1974 (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.
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); 5 U.S.C. 301; and 5 U.S.C.
553.
PURPOSE:
The EDFDMS system of records
permits the Department to identify
individuals who have submitted
comments, in response to the
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Department’s rulemaking documents or
notices that are in FDMS, so that
communications or other actions, as
appropriate and necessary, can be
effected. Examples of such
communications are seeking
clarification of a comment and
responding directly to a comment.
Fmt 4703
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The Department may disclose
information contained in a record 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. The Department may make
these disclosures on a case-by-case
basis, or, if the Department has
complied with the computer matching
requirements of the Computer Matching
and Privacy Protection Act of 1988, as
amended, 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 fulltext 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
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Federal Register / Vol. 72, No. 227 / Tuesday, November 27, 2007 / Notices
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
litigation or ADR, or has an interest in
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
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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 OMB 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
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 Breach of Data. The
Department may disclose records to
appropriate agencies, entities, and
persons when (1) it is suspected or
confirmed that the security or
confidentiality of information in this
system has been compromised; (2) the
Department has determined that as a
result of the suspected or confirmed
compromise, there is a risk of harm to
economic or property interests, identity
theft or fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by the
Department or by another agency or
entity) that rely upon the compromised
information; and (3) the disclosure is
made to such agencies, entities, and
persons who are reasonably necessary to
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66157
assist the Department in responding to
the suspected or confirmed compromise
and in helping the Department prevent,
minimize, or remedy such harm.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained on electronic
storage media and in paper.
RETRIEVABILITY:
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.
SAFEGUARDS:
As discussed above in routine use (1),
Disclosure to the Public, any member of
the public who accesses FDMS through
https://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.
RETENTION AND DISPOSAL:
Until the National Archives and
Records Administration (NARA)
approves a retention and disposition
schedule for EDFDMS, the Department
will treat all EDFDMS records as
permanent.
SYSTEM MANAGER AND ADDRESS:
Elizabeth McFadden, Assistant
General Counsel, Regulatory Services
Division, Office of the General Counsel,
U.S. Department of Education, 400
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Maryland Avenue, SW., room 6E227,
Washington, DC 20202–6110.
NOTIFICATION PROCEDURE:
If you wish to determine whether a
record exists regarding you in the
system of records, contact the system
manager. Your request must meet the
requirements of regulations in 34 CFR
5b.5, including proof of identity.
RECORD ACCESS PROCEDURES:
If you wish to gain access to your
record in the system of records, 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.
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.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
[FR Doc. E7–23058 Filed 11–26–07; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF EDUCATION
Privacy Act of 1974; System of
Records—Investigatory Material
Compiled for Personnel Security,
Suitability, Positive Identification
Verification and Access Control for the
Department of Education Security
Tracking and Reporting System
(EDSTAR)
Office of Management,
Department of Education.
ACTION: Notice of altered and deleted
systems of records.
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AGENCY:
SUMMARY: In accordance with the
Privacy Act of 1974, as amended
(Privacy Act), the Department of
Education (Department), publishes this
notice to amend and rename the system
of records entitled ‘‘Investigatory
Material Compiled for Personnel
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Jkt 214001
Security and Suitability Purposes’’ (18–
05–17) as ‘‘Investigatory Material
Compiled for Personnel Security,
Suitability, Positive Identification
Verification and Access Control for the
Department of Education Security
Tracking and Reporting System
(EDSTAR)’’ (18–05–17) and to delete the
system of records entitled
‘‘Identification Media Records’’ (18–05–
16). The Department is taking these
actions because these systems of records
have been merged into and consolidated
with the EDSTAR system of records.
EDSTAR is designed to implement the
requirements of Homeland Security
Presidential Directive (HSPD)–12.
HSPD–12 is a Presidential directive that
requires the promulgation of a Federal
standard to ensure a common,
governmentwide standard for secure
and reliable forms of Personal Identity
Verification (PIV). On February 25,
2005, the National Institute of Standards
and Technology’s (NIST’s) Computer
Security Division issued Federal
Information Processing Standard (FIPS)
201, entitled ‘‘Personal Identity
Verification of Federal Employees and
Contractors’’, in order to satisfy the
requirements of HSPD–12 to improve
the identification and authentication of
Federal employees and contractors for
access to Federal facilities and
information systems.
The Department maintains records in
EDSTAR for the purpose of making
individual positive identification
verification, adjudication
determinations concerning suitability
for Federal employment and contract
positions, decisions concerning access
to the Department’s facilities and
information systems, and information
related to the issuance of PIV and FIPS
compliant identification media and
access to restricted areas. Because many
of these records are currently covered by
the systems of records entitled
‘‘Identification Media Records’’ (18–05–
16) and ‘‘Investigatory Material
Compiled for Personnel Security and
Suitability Purposes’’ (18–05–17), the
Department is merging and
consolidating these systems of records
by amending and renaming the
‘‘Investigatory Material Compiled for
Personnel Security and Suitability
Purposes’’ (18–05–17) system as
EDSTAR and deleting the system of
records for ‘‘Identification Media
Records’’ (18–05–16).
DATES: We must receive your comments
about the altered and deleted systems of
records notice on or before December
27, 2007.
The Department filed a report
describing the altered system of records
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Fmt 4703
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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 Administrator of the Office of
Information and Regulatory Affairs,
Office of Management and Budget
(OMB) on November 21, 2007. The
altered system of records will become
effective at the later date of—(1) The
expiration of the 40-day period for OMB
review on December 31, 2007 or (2)
December 27, 2007, unless the system of
records needs to be changed as a result
of public comment or OMB review.
ADDRESSES: Address all comments about
the altered and deleted systems of
records to Cecelia E. Briscoe, Senior
Program Analyst, Security Services,
Office of Management, Room 2W312,
U.S. Department of Education, 400
Maryland Avenue, SW., Washington,
DC 20202–5345. If you prefer to send
comments through the Internet, use the
following address:
Security.Services@Ed.gov.
You must include the term ‘‘EDSTAR
Comments’’ in the subject line of your
electronic message.
During and after the comment period,
you may inspect all public comments
about this notice at the U.S. Department
of Education in room 2W330, 400
Maryland Avenue, SW., Washington,
DC, between the hours of 8 a.m. and
4:30 p.m., Eastern time, Monday
through Friday of each week except
Federal holidays.
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:
Colette Hawley, Security Services,
Office of Management, room 2W312,
U.S. Department of Education, 400
Maryland Avenue, SW., Washington,
DC 20202–5345. Telephone number:
(202) 401–2993. If you use a
telecommunications device for the deaf
(TDD), you may call the Federal Relay
Service (FRS) at 1–800–877–8339.
Individuals with disabilities may
obtain this document in an alternative
format (e.g., Braille, large print,
audiotape, or computer diskette) on
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Agencies
[Federal Register Volume 72, Number 227 (Tuesday, November 27, 2007)]
[Notices]
[Pages 66155-66158]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23058]
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DEPARTMENT OF EDUCATION
Privacy Act of 1974; System of Records--Department of Education
Federal Docket Management System (EDFDMS)
AGENCY: Office of the General Counsel, Department of Education.
ACTION: Notice of a new system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, as amended
(Privacy Act), the Department of Education (Department) publishes this
notice of a new 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 https://www.regulations.gov.
DATES: The Department seeks comment on the new system of records
described in this notice, in accordance with the requirements of the
Privacy Act. We must receive your comments on the proposed routine uses
for the system of records referenced in this notice on or before
December 27, 2007.
The Department filed a report describing the new 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 Administrator of
the Office of Information and Regulatory Affairs, Office of Management
and Budget (OMB) on November 21, 2007. This system of records will
become effective at the later date of--(1) The expiration of the 40-day
period for OMB review on December 31, 2007, unless OMB waives 10 days
of the 40-day review period for compelling reasons shown by the
Department, or (2) December 27, 2007, unless the system of records
needs to be changed as a result of public comment or OMB review.
ADDRESSES: Address all comments about the proposed routine uses to
Elizabeth McFadden, Assistant General Counsel, Regulatory Services
Division, Office of the General Counsel, U.S. Department of Education,
400 Maryland Avenue, SW., room 6E227, Washington, DC 20202-6110.
Telephone: (202) 401-6307. If you prefer to send comments through the
Internet, use the following address: comments@ed.gov.
You must include the term ``EDFDMS'' in the subject line of the
electronic message.
During and after the comment period, you may inspect all comments
about this notice in room 6E227, 400 Maryland Avenue, SW., Washington,
DC, between the hours of 8 a.m. and 4:30 p.m., Eastern time, Monday
through Friday of each week except Federal holidays.
Assistance to Individuals With Disabilities in Reviewing the Rulemaking
Record
On request, we will supply an appropriate aid 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: Elizabeth McFadden. Telephone: (202)
401-6307. If you use a telecommunications device for the deaf (TDD),
call the Federal Relay Service (FRS) at 1-800-877-8339.
Individuals with disabilities can obtain this document in an
alternative format (e.g., Braille, large print, audiotape, or computer
diskette) on request to the contact person listed in this section.
SUPPLEMENTARY INFORMATION:
Introduction
FDMS serves as a central, electronic repository for Federal
rulemaking dockets and includes Federal Register notices, supporting
materials such as scientific or economic analyses, and public comments,
as well as non-rulemaking dockets. Each agency that uses FDMS,
including the Department, is responsible for managing its own dockets
and rulemaking documents.
Through the Department's portion of FDMS, members of the public may
comment on the Department's rulemaking documents contained in the
system. In order to submit a comment through the Department's portion
of FDMS, members of the public only need to complete two fields--the
``Category'' field and the ``General Comments'' field. To complete the
``Category'' field, commenters are prompted to select the most
appropriate category from the following list: Parent/relative, teacher,
student, individual, public elementary/secondary school, private
elementary/secondary school, school administrator, institution of
higher education, lender, guarantor, local educational agency, State
educational agency, State agency, association/organization, Federal
agency, child advocate, lobbyist, law firm, tribal organization, and
other. The ``General Comments'' field in FDMS is a free text field in
which individuals provide their actual comments. In addition to these
two required fields, commenters may, but are not required to, provide
the following information: First name, last name, city, country, State
or province, e-mail address, organization name, submitter's
representative, government agency type, and government agency.
Generally, the Department makes all of the information provided by
commenters, including commenters' names and other individually
identifying information provided within the comments, publicly viewable
on the Federal government's interagency FDMS Web portal at https://
www.regulations.gov. FDMS has full text search capability, enabling any
member of the public to search all public submissions on any Department
rulemaking in FDMS by any term, including any name and contact
information submitted in or as part of a comment.
On the https://www.regulations.gov Web site and in the Department's
notices of proposed rulemaking, the Department clearly notifies the
public that, with few exceptions, comments received from members of the
public (including those comments submitted by mail, commercial
delivery, or hand delivery) are made publicly available on the Federal
eRulemaking Portal (https://www.regulations.gov) without change. The
Department makes efforts to ensure that comments containing material
the disclosure of which is restricted by Federal law, such as the
Children's Online Privacy Protection Act of 1998 (COPPA), are not made
publicly available. While not publicly posted, the Department will
retain, evaluate, and consider these comments. EDFDMS is comprised of
both these comments that are not publicly available, as well as the
comments on the Department's rulemakings that are available to the
[[Page 66156]]
public through https://www.regulations.gov.
The Privacy Act
The Department is publishing this new system of records notice, in
accordance with the applicable requirements of the Privacy Act, to
inform the public about how it will collect, maintain, use, and
disclose the information that members of the public provide when
commenting on a Department rulemaking that is part of FDMS.
The Privacy Act applies to information about individuals that
contains individually identifying information and 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 to OMB and Congress whenever the agency publishes a new
system of records.
The portion of the EDFDMS system that comes under the Privacy Act
includes only the individually identifying information that commenters
voluntarily submit to the Department when they comment on the
Department's rulemaking documents in FDMS. The Privacy Act, 5 U.S.C.
552a(e)(4), requires the Department to publish in the Federal Register
this notice of a new 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.
Electronic Access to This Document
You may view this document, as well as all other documents of this
Department published in the Federal Register, in text or Adobe Portable
Document Format (PDF) on the Internet at the following site: https://
www.ed.gov/news/fedregister.
To use PDF you must have Adobe Acrobat Reader, which is available
free at this site. If you have questions about using PDF, call the U.S.
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in
the Washington, DC area, at (202) 512-1530.
Note: 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 on GPO Access at: https://www.gpoaccess.gov/
nara/.
Dated: November 21, 2007.
Kent D. Talbert,
General Counsel.
For the reasons discussed in the preamble, the General Counsel of
the Department of Education publishes a notice of a new system of
records to read as follows:
18-09-05
SYSTEM NAME:
Department of Education Federal Docket Management System (EDFDMS).
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.
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 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 establishing this
system of records is only to cover individuals protected under the
Privacy Act of 1974 (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.
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); 5 U.S.C. 301; and 5 U.S.C. 553.
PURPOSE:
The EDFDMS system of records permits the Department to identify
individuals who have submitted comments, in response to the
Department's rulemaking documents or notices that are in FDMS, so that
communications or other actions, as appropriate and necessary, can be
effected. Examples of such communications are seeking clarification of
a comment and responding directly to a comment.
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 without the consent of the individual if the
disclosure is compatible with the purposes for which the record was
collected. The Department may make these disclosures on a case-by-case
basis, or, if the Department has complied with the computer matching
requirements of the Computer Matching and Privacy Protection Act of
1988, as amended, 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
[[Page 66157]]
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 litigation or ADR, or has an interest in 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 OMB 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 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 Breach of Data. The
Department may disclose records to appropriate agencies, entities, and
persons when (1) it is suspected or confirmed that the security or
confidentiality of information in this system has been compromised; (2)
the Department has determined that as a result of the suspected or
confirmed compromise, there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by the Department or by another agency or entity) that rely
upon the compromised information; and (3) the disclosure is made to
such agencies, entities, and persons who are reasonably necessary to
assist the Department in responding to the suspected or confirmed
compromise and in helping the Department prevent, minimize, or remedy
such harm.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained on electronic storage media and in paper.
RETRIEVABILITY:
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.
SAFEGUARDS:
As discussed above in routine use (1), Disclosure to the Public,
any member of the public who accesses FDMS through https://
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.
RETENTION AND DISPOSAL:
Until the National Archives and Records Administration (NARA)
approves a retention and disposition schedule for EDFDMS, the
Department will treat all EDFDMS records as permanent.
SYSTEM MANAGER AND ADDRESS:
Elizabeth McFadden, Assistant General Counsel, Regulatory Services
Division, Office of the General Counsel, U.S. Department of Education,
400
[[Page 66158]]
Maryland Avenue, SW., room 6E227, Washington, DC 20202-6110.
NOTIFICATION PROCEDURE:
If you wish to determine whether a record exists regarding you in
the system of records, contact the system manager. Your request must
meet the requirements of regulations in 34 CFR 5b.5, including proof of
identity.
RECORD ACCESS PROCEDURES:
If you wish to gain access to your record in the system of records,
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.
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.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
[FR Doc. E7-23058 Filed 11-26-07; 8:45 am]
BILLING CODE 4000-01-P