80 FR 11525 - Privacy Act of 1974; System of Records

DEPARTMENT OF VETERANS AFFAIRS

Federal Register Volume 80, Issue 41 (March 3, 2015)

Page Range		11525-11527
FR Document		2015-04314
Pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C. 552a), notice is hereby given that the Department of Veterans Affairs (VA) is amending the system of records currently titled, ``Department of Veterans Affairs Federal Docket Management System (VAFDMS)--(140VA00REG)'' as set forth in the Federal Register on February 9, 2007 and amended on March 25, 2008. VA is amending the system name, expanding the authority listed for maintenance of the system, clarifying storage location, and updating the address for notification and record access procedures. VA is republishing the system notice in its entirety.
Federal Register, Volume 80 Issue 41 (Tuesday, March 3, 2015)
[Federal Register Volume 80, Number 41 (Tuesday, March 3, 2015)]
[Notices]
[Pages 11525-11527]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-04314]



[[Page 11525]]

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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974; System of Records

AGENCY: Department of Veterans Affairs.

ACTION: Notice of amendment to system of records--Department of 
Veterans Affairs Federal Docket Management System Commenter Information 
(VAFDMS--Commenter Info)--(140VA02REG).

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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974 (5 
U.S.C. 552a), notice is hereby given that the Department of Veterans 
Affairs (VA) is amending the system of records currently titled, 
``Department of Veterans Affairs Federal Docket Management System 
(VAFDMS)--(140VA00REG)'' as set forth in the Federal Register on 
February 9, 2007 and amended on March 25, 2008. VA is amending the 
system name, expanding the authority listed for maintenance of the 
system, clarifying storage location, and updating the address for 
notification and record access procedures. VA is republishing the 
system notice in its entirety.

DATES: This amended system of record will be effective March 3, 2015.

FOR FURTHER INFORMATION CONTACT: William F. Russo, Privacy Officer, or 
Janet Coleman, Chief, Office of Regulation Policy and Management 
(02REG), Office of the General Counsel, Department of Veterans Affairs, 
810 Vermont Avenue NW, Washington, DC 20420, (202) 461-4902.

SUPPLEMENTARY INFORMATION: A Notice of Establishment of New System of 
Records was published in the Federal Register on February 9, 2007 (72 
FR 6315), and amended on March 25, 2008 (73 FR 15856).

I. Description of the System of Records

    The Department of Veterans Affairs Federal Docket Management System 
(VAFDMS) serves as a central, electronic repository for VA rulemaking 
and non-rulemaking dockets including Federal Register rules, notices, 
supporting materials such as scientific and economic analyses, and 
public comments. The portion of VAFDMS information that comes under the 
Privacy Act is personal identifying information (name and contact 
address/email address). This information permits VA to identify 
individuals who have submitted comments in response to VA rulemaking 
documents or notices so that communications or other actions, as 
appropriate and necessary, can be effected, such as clarification of 
the comment, direct response to a comment, and other activities 
associated with the rulemaking or notice process. Identification is 
possible only if the individual voluntarily provides identifying 
information when submitting a comment. If such information is not 
furnished, the submitted comments and/or supporting documentation 
cannot be linked to an individual.
    VAFDMS permits members of the public to search posted public 
comments received by name of the individual submitting the comment on 
the regulations.gov Web site. All the contents of posted comments are 
searchable. 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 VAFDMS, the viewed comment 
will not include the name of the submitter or any other identifying 
information about the individual except the information that the 
submitter has opted to include as part of his or her general comment. 
If a comment is submitted by an individual on his or her own behalf, in 
writing, that has been scanned and uploaded into VAFDMS, unless the 
individual submits the comment anonymously, the submitter's name will 
be on the comment, but other personally identifying information will be 
redacted before it is scanned and posted. Comments submitted on behalf 
of organizations in writing that have to be scanned and uploaded into 
VAFDMS, may not be redacted.

II. Proposed Update to Authority for Maintenance of the System

    VA is adding to the authority listed for the system so as to better 
guide individuals if they are researching the authority.

III. Proposed Amendments to System Name

    VA is renaming the system of records to reflect the categories of 
individuals on whom information is maintained, and to update the 
originating office name that changed from 00REG to 02REG. Thus 
``Department of Veterans Affairs Federal Docket Management System 
(VAFDMS)--(140VA00REG)'' is renamed as, ``Department of Veterans 
Affairs Federal Docket Management System Commenter Information 
(VAFDMS--Commenter Info)--(140VA02REG)''.

IV. Proposed Amendment to Storage

    VA is providing greater detail as to where records are stored.

V. Proposed Update to the Address for Notification and Record Access 
Procedures

    VA is updating the mailbox address for the office for notification 
and record access procedures from 00REG to 02REG.

VI. Proposed Update To Record Source Categories

    VA is correcting the Record Source Categories to correctly list 
both individuals and public or private organizations. Formerly only 
``individuals'' was listed.
    Under 5 U.S.C. 552a(r) (Privacy Act), as amended, and guidelines 
issued by OMB published at 65 FR 77677 on December 12, 2000, these 
proposed minor changes do not need to be reported to Congressional 
Committees or the Director of the Office of Management and Budget 
before implementation.

Signing Authority

    The Secretary of Veterans Affairs, or designee, approved this 
document and authorized the undersigned to sign and submit the document 
to the Office of the Federal Register for publication electronically as 
an official document of the Department of Veterans Affairs. Jose D. 
Riojas, Chief of Staff, approved this document on February 12, 2015 for 
publication.

    Dated: February 25, 2015.
Jeffrey M. Martin,
Program Manager, Regulation Policy and Management, Office of the 
General Counsel, Department of Veterans Affairs.
140VA02REG

SYSTEM NAME:
    Department of Veterans Affairs Federal Docket Management System 
Commenter Information (VAFDMS--Commenter Info)

SYSTEM LOCATION:
    Primary location: Electronic records are kept at the U.S. 
Environmental Protection Agency, Research Triangle Park, NC 27711-0001. 
Secondary location: Paper records are kept at Department of Veterans 
Affairs, 810 Vermont Avenue NW., Washington, DC 20420.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who voluntarily provide personal contact information 
when submitting a public comment and/or supporting materials in 
response to a Department of Veterans Affairs rulemaking document or 
notice.

[[Page 11526]]

CATEGORIES OF RECORDS IN THE SYSTEM:
    Full name, postal address, email address, phone and fax numbers of 
the individual submitting comments, the name of the individual or 
organization that the individual represents, and the comments, as well 
as other supporting documentation, furnished by the individual. 
Comments may include personal information about the commenter.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    44 U.S.C. 3501, Note; Sec. 206(d), Pub. L. 107-347; 5 U.S.C. 301, 
552, 552a, and 553.

PURPOSE:
    To permit the Department of Veterans Affairs (VA) to identify 
individuals, who have submitted comments in response to VA rulemaking 
documents or notices, so that communications or other actions, as 
appropriate and necessary, can be effected, such as to seek 
clarification of the comment, to directly respond to a comment, and for 
other activities associated with the rulemaking or notice process.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PUROSES OF SUCH USES:
    1. The record of an individual who is covered by a system of 
records may be disclosed to a Member of Congress, or a staff person 
acting for the Member, when the Member or staff person requests the 
record on behalf of and at the written request of the individual.
    2. Disclosure may be made to the National Archives and Records 
Administration in records management inspections conducted under 
authority of Title 44 U.S.C.
    3. VA may disclose information from this system of records to the 
Department of Justice (DoJ), either on VA's initiative or in response 
to DoJ's request for the information, after either VA or DoJ determines 
that such information is relevant to DoJ's representation of the United 
States or any of its components in legal proceedings before a court or 
adjudicative body, provided that, in each case, the agency also 
determines prior to disclosure that release of the records to the DoJ 
is a use of the information contained in the records that is compatible 
with the purpose for which VA collected the records. VA, on its own 
initiative, may disclose records in this system of records in legal 
proceedings before a court or administrative body after determining 
that the disclosure of the records to the court or administrative body 
is a use of the information contained in the records that is compatible 
with the purpose for which VA collected the records.
    4. Disclosure of relevant information may be made to individuals, 
organizations, private or public agencies, or other entities with whom 
VA has a contract or agreement or where there is a subcontract to 
perform such services as VA may deem practicable for the purposes of 
laws administered by VA, in order for the contractor or subcontractor 
to perform the services of the contract or agreement.
    5. VA may disclose on its own initiative any information in the 
system, except the names and home addresses of veterans and their 
dependents, that is relevant to a suspected or reasonably imminent 
violation of the law whether civil, criminal, or regulatory in nature 
and whether arising by general or program statute or by regulation, 
rule, or order issued pursuant thereto, to a Federal, state, local, 
tribal, or foreign agency charged with the responsibility of 
investigating or prosecuting such violation, or charged with enforcing 
or implementing the statute, regulation, rule, or order. VA may also 
disclose on its own initiative the names and addresses of veterans and 
their dependents to a Federal agency charged with the responsibility of 
investigating or prosecuting civil, criminal, or regulatory violations 
of law, or charged with enforcing or implementing the statute, 
regulation, or order issued pursuant thereto.
    6. Disclosure to other Federal agencies may be made to assist such 
agencies in preventing and detecting possible fraud or abuse by 
individuals in their operations and programs.
    7. VA may, on its own initiative, disclose any information or 
records to appropriate agencies, entities, and persons when (1) VA 
suspects or has confirmed that the integrity or confidentiality of 
information in the system of records has been compromised; (2) VA has 
determined that as a result of the suspected or confirmed compromise, 
there is a risk of embarrassment or harm to the reputations of the 
record subjects, harm to economic or property interests, identity theft 
or fraud, or harm to the security, confidentiality, or integrity of 
this system or other systems or programs (whether maintained by the 
Department or another agency or entity) that rely upon the potentially 
compromised information, and (3) the disclosure is to agencies, 
entities, or persons whom VA determines are reasonably necessary to 
assist or carry out the Department's efforts to respond to the 
suspected or confirmed compromise and prevent, minimize, or remedy such 
harm. This routine use permits disclosures by the Department to respond 
to a suspected or confirmed data breach, including the conduct of any 
risk analysis or provision of credit protection services as provided in 
38 U.S.C. 5724, as the terms are defined in 38 U.S.C. 5727.
    8. VA may disclose information contained in this System of Records, 
as necessary, to comply with the requirements of the Administrative 
Procedure Act (APA) that comments are available for public review if 
submitted in response to VA's solicitation of public comments as part 
of the Agency's notice and rulemaking activities under the APA. 
However, VA will not release individually-identifiable personal 
information, such as an individual's address or home telephone number, 
under this routine-use, except where VA determines that publication 
without redaction was intended by the submitter.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
    (a) STORAGE:
    Records are maintained on electronic storage media and paper. See 
System Location.
    (b) RETRIEVABILITY:
    Records are retrieved 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.
    (c) SAFEGUARDS:
    Electronic 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 are maintained in a controlled facility, 
where physical entry is restricted by the use of locks, guards, and/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.
    (d) RETENTION AND DISPOSAL:
    Records will be maintained and disposed of, in accordance with 
records disposition authority, approved by the Archivist of the United 
States.

SYSTEM MANAGER(S) AND ADDRESSES:
    William F. Russo, Privacy Officer, Office of Regulation Policy and

[[Page 11527]]

Management (02REG), Department of Veterans Affairs, 810 Vermont Ave. 
NW., Washington, DC 20420; telephone (202) 461-4902.

NOTIFICATION PROCEDURES:
    Individuals seeking to determine whether this System of Records 
contains information about them should address written inquiries to the 
Office of Regulation Policy and Management (02REG), Department of 
Veterans Affairs, 810 Vermont Ave. NW., Washington, DC 20420. Requests 
should contain the full name, address and telephone number of the 
individual making the inquiry.

RECORD ACCESS PROCEDURE:
    Individuals seeking to access or contest the contents of records, 
about themselves, contained in this System of Records should address a 
written request, including full name, address and telephone number to 
the Office of Regulation Policy and Management (02REG), Department of 
Veterans Affairs, 810 Vermont Ave. NW., Washington, DC 20420.

CONTESTING RECORD PROCEDURE:
    (See Record Access Procedure above.)

RECORD SOURCE CATEGORIES:
    Individuals; public or private organizations.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    There are no exemptions being claimed for this system.

[FR Doc. 2015-04314 Filed 3-2-15; 8:45 am]
BILLING CODE 8320-01-P
11526 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

CATEGORIES OF RECORDS IN THE SYSTEM: 4. Disclosure of relevant information to respond to a suspected or confirmed
Full name, postal address, email may be made to individuals, data breach, including the conduct of
address, phone and fax numbers of the organizations, private or public any risk analysis or provision of credit
individual submitting comments, the agencies, or other entities with whom protection services as provided in 38
name of the individual or organization VA has a contract or agreement or where U.S.C. 5724, as the terms are defined in
that the individual represents, and the there is a subcontract to perform such 38 U.S.C. 5727.
comments, as well as other supporting services as VA may deem practicable for 8. VA may disclose information
documentation, furnished by the the purposes of laws administered by contained in this System of Records, as
individual. Comments may include VA, in order for the contractor or necessary, to comply with the
personal information about the subcontractor to perform the services of requirements of the Administrative
commenter. the contract or agreement. Procedure Act (APA) that comments are
5. VA may disclose on its own available for public review if submitted
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
initiative any information in the system, in response to VA’s solicitation of
44 U.S.C. 3501, Note; Sec. 206(d), except the names and home addresses of public comments as part of the Agency’s
Pub. L. 107–347; 5 U.S.C. 301, 552, veterans and their dependents, that is notice and rulemaking activities under
552a, and 553. relevant to a suspected or reasonably the APA. However, VA will not release
PURPOSE: imminent violation of the law whether individually-identifiable personal
To permit the Department of Veterans civil, criminal, or regulatory in nature information, such as an individual’s
Affairs (VA) to identify individuals, and whether arising by general or address or home telephone number,
who have submitted comments in program statute or by regulation, rule, or under this routine-use, except where VA
response to VA rulemaking documents order issued pursuant thereto, to a determines that publication without
or notices, so that communications or Federal, state, local, tribal, or foreign redaction was intended by the
other actions, as appropriate and agency charged with the responsibility submitter.
necessary, can be effected, such as to of investigating or prosecuting such
violation, or charged with enforcing or POLICIES AND PRACTICES FOR STORING,
seek clarification of the comment, to RETRIEVING, ACCESSING, RETAINING, AND
directly respond to a comment, and for implementing the statute, regulation,
rule, or order. VA may also disclose on DISPOSING OF RECORDS IN THE SYSTEM:
other activities associated with the (a) STORAGE:
rulemaking or notice process. its own initiative the names and
addresses of veterans and their Records are maintained on electronic
ROUTINE USES OF RECORDS MAINTAINED IN THE dependents to a Federal agency charged storage media and paper. See System
SYSTEM, INCLUDING CATEGORIES OF USERS AND with the responsibility of investigating Location.
THE PUROSES OF SUCH USES: or prosecuting civil, criminal, or (b) RETRIEVABILITY:
1. The record of an individual who is regulatory violations of law, or charged Records are retrieved by various data
covered by a system of records may be with enforcing or implementing the elements and key word searches, among
disclosed to a Member of Congress, or statute, regulation, or order issued which are by: Name, Agency, Docket
a staff person acting for the Member, pursuant thereto. Type, Docket Sub-Type, Agency Docket
when the Member or staff person 6. Disclosure to other Federal agencies ID, Docket Title, Docket Category,
requests the record on behalf of and at may be made to assist such agencies in Document Type, CFR Part, Date
the written request of the individual. preventing and detecting possible fraud Comment Received, and Federal
2. Disclosure may be made to the or abuse by individuals in their Register Published Date.
National Archives and Records operations and programs. (c) SAFEGUARDS:
Administration in records management 7. VA may, on its own initiative, Electronic records are maintained in a
inspections conducted under authority disclose any information or records to secure, password protected, electronic
of Title 44 U.S.C. appropriate agencies, entities, and system that utilizes security hardware
3. VA may disclose information from persons when (1) VA suspects or has and software to include: multiple
this system of records to the Department confirmed that the integrity or firewalls, active intruder detection, and
of Justice (DoJ), either on VA’s initiative confidentiality of information in the role-based access controls. Paper
or in response to DoJ’s request for the system of records has been records are maintained in a controlled
information, after either VA or DoJ compromised; (2) VA has determined facility, where physical entry is
determines that such information is that as a result of the suspected or restricted by the use of locks, guards,
relevant to DoJ’s representation of the confirmed compromise, there is a risk of and/or administrative procedures.
United States or any of its components embarrassment or harm to the Access to records is limited to those
in legal proceedings before a court or reputations of the record subjects, harm officials who require the records to
adjudicative body, provided that, in to economic or property interests, perform their official duties consistent
each case, the agency also determines identity theft or fraud, or harm to the with the purpose for which the
prior to disclosure that release of the security, confidentiality, or integrity of information was collected. All
records to the DoJ is a use of the this system or other systems or personnel whose official duties require
information contained in the records programs (whether maintained by the access to the information are trained in
that is compatible with the purpose for Department or another agency or entity) the proper safeguarding and use of the
which VA collected the records. VA, on that rely upon the potentially information.
its own initiative, may disclose records compromised information, and (3) the (d) RETENTION AND DISPOSAL:
mstockstill on DSK4VPTVN1PROD with NOTICES

in this system of records in legal disclosure is to agencies, entities, or Records will be maintained and
proceedings before a court or persons whom VA determines are disposed of, in accordance with records
administrative body after determining reasonably necessary to assist or carry disposition authority, approved by the
that the disclosure of the records to the out the Department’s efforts to respond Archivist of the United States.
court or administrative body is a use of to the suspected or confirmed
the information contained in the records compromise and prevent, minimize, or SYSTEM MANAGER(S) AND ADDRESSES:
that is compatible with the purpose for remedy such harm. This routine use William F. Russo, Privacy Officer,
which VA collected the records. permits disclosures by the Department Office of Regulation Policy and

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Document Created: 2015-12-18 11:55:50
Document Modified: 2015-12-18 11:55:50
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of amendment to system of records--Department of Veterans Affairs Federal Docket Management System Commenter Information (VAFDMS--Commenter Info)--(140VA02REG).
Dates		This amended system of record will be effective March 3, 2015.
Contact		William F. Russo, Privacy Officer, or Janet Coleman, Chief, Office of Regulation Policy and Management (02REG), Office of the General Counsel, Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420, (202) 461-4902.
FR Citation		80 FR 11525