FR Doc E7-23058
[Federal Register: November 27, 2007 (Volume 72, Number 227)]
[Notices]
[Page 66155-66158]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27no07-69]
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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.
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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 http://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 http://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 http://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 (http://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 http://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:
http://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:
http://www.gpoaccess.gov/nara/index.html.
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 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.
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]
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