Notice2025-01125
Privacy Act of 1974; System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 17, 2025
Effective
February 18, 2025
Issuing agencies
Personnel Management Office
Abstract
In accordance with the requirements of the Privacy Act of 1974, the Office of Personnel Management (OPM) proposes to establish a new OPM system of records titled, "OPM/Internal--29, Federal Register Comments." This system of records contains information about individuals who submit a public comment (a comment and/or supplementary materials provided to OPM in response to an OPM publication in the Federal Register).
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 11 (Friday, January 17, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 11 (Friday, January 17, 2025)]
[Notices]
[Pages 6030-6032]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-01125]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF PERSONNEL MANAGEMENT
[Docket ID: OPM-2024-0017]
Privacy Act of 1974; System of Records
AGENCY: Office of the Executive Secretariat and Privacy and Information
Management, Office of Personnel Management.
ACTION: Notice of a new system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the requirements of the Privacy Act of
1974, the Office of Personnel Management (OPM) proposes to establish a
new OPM system of records titled, ``OPM/Internal--29, Federal Register
Comments.'' This system of records contains information about
individuals who submit a public comment (a comment and/or supplementary
materials provided to OPM in response to an OPM publication in the
Federal Register).
DATES: Submit comments on or before February 18, 2025 This new system
is effective upon publication in the Federal Register, except for the
routine uses, which are effective February 18, 2025.
ADDRESSES: You may submit written comments using the following method:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
All submissions received must include the agency name and docket number
for this Federal Register document. The general policy for comments and
other submissions from members of the public is to make these
submissions available for public viewing on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> without change, including any personal identifiers.
FOR FURTHER INFORMATION CONTACT: Kayyonne Marston, Federal Registe
Liaison, Office of the Executive Secretariat, Privacy, and Information
Management, Office of Personnel Management, at 202-936-2308 or
<a href="/cdn-cgi/l/email-protection#9bc9fefceef7faeff4e9e2b5d2f5fdf4e9f6faeff2f4f5dbf4ebf6b5fcf4ed"><span class="__cf_email__" data-cfemail="f9ab9c9e8c95988d968b80d7b0979f968b94988d909697b9968994d79e968f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: In accordance with the requirements of the
Privacy Act of 1974, OPM proposes to establish a new OPM system of
records titled, ``OPM/Internal--29, Federal Register Comments.'' This
system of records supports OPM's public notice and comment process.
When OPM publishes a rulemaking, guidance, or notice document in
the Federal Register, anyone can visit <a href="http://Regulations.gov">Regulations.gov</a> (<a href="https://www.regulations.gov">https://www.regulations.gov</a>) to access that document and submit a public
comment. Commenters may choose to respond anonymously or provide
personal identifiers.
The comments and identifying information submitted on
<a href="http://Regulations.gov">Regulations.gov</a> are maintained in the Federal Docket Management System
(FDMS), a government-wide platform. Although the General Services
Administration eRulemaking Program Office manages <a href="http://Regulations.gov">Regulations.gov</a> and
FDMS, each Federal agency manages its own dockets and public comments
within FDMS.
OPM uses FDMS to search, review, organize, analyze, and download
the comments, and address them, as appropriate, when finalizing their
publications. This system of records will enable OPM to identify
individuals who submitted a public comment in response to a request for
comments on an OPM document published in the Federal Register. If the
commenter provided identifying information, OPM may use that
information to ask the commenter to clarify their comment, as
appropriate, or for other needs connected to the notice and comment
process.
In accordance with 5 U.S.C. 552a(r), OPM has provided a report of
this new system of records to the Office of Management and Budget and
to Congress. This new system of records will be included in OPM's
inventory of record systems.
Office of Personnel Management.
Kayyonne Marston,
Federal Register Liaison.
SYSTEM NAME AND NUMBER:
Office of Personnel Management, OPM/Internal--29, Federal Register
Comments.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Office of the Executive Secretariat, Privacy, and Information
Management, U.S. Office of Personnel Management, 1900 E Street NW,
Washington, DC 20415-0001 and General Services Administration, National
Computer Center, 3799 Hopson Road, Research Triangle Park, North
Carolina 27709.
SYSTEM MANAGER(S):
Federal Register Liaison, Office of the Executive Secretariat,
Privacy, and Information Management, U.S. Office of Personnel
Management, 1900 E Street NW, Washington, DC 20415-0001.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Section 206(d) of the E-Government Act of 2002 (Pub. L. 107-347, 44
U.S.C.
[[Page 6031]]
3501 note); 5 U.S.C. 301, Departmental regulations; 5 U.S.C. 552a,
Records maintained on individuals; 5 U.S.C. 553, Rule making; 6 U.S.C.
101, Definitions; 44 U.S.C. chapter 35 subchapter 1, Federal
Information Policy; and 5 CFR part 1320, Controlling Paperwork Burdens
on the Public.
PURPOSE(S) OF THE SYSTEM:
This system of records will enable OPM to identify individuals who
submitted a public comment (a comment and/or supplementary materials
provided to OPM in response to an OPM publication in the Federal
Register) in response to a request for comments to an OPM document
published in the Federal Register. If the commenter provided
identifying information, OPM may use that information to ask the
commenter to clarify their comment, as appropriate, or for other needs
connected to the notice and comment process.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who provided personal identifiers when submitting a
public comment.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records may include the commenter's name, personal contact
information, business contact information, and public comment. Records
may also include a comment tracking number, document title, keywords,
document identification number, Code of Federal Regulation (CFR) title,
CFR citation, document type, document sub type, date posted, and
comment period end date.
RECORD SOURCE CATEGORIES:
Individuals who submitted a public comment.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, the records or information contained in
this system may be disclosed outside OPM as a routine use pursuant to 5
U.S.C. 552a(b)(3) as follows:
a. In an appropriate proceeding before a court, grand jury, or
administrative or adjudicative body, when OPM or another agency
representing OPM determines that the records are relevant and necessary
to the proceeding; or in an appropriate proceeding before an
administrative or adjudicative body when the adjudicator determines the
records to be relevant to the proceeding.
b. To the Department of Justice when (a) OPM, or any component
thereof; (b) any OPM employee in their official capacity; (c) any OPM
employee in their individual capacity where the Department of Justice
has agreed to represent the employee; or (d) the United States, where
OPM determines that litigation is likely to affect OPM or any of its
components, is a party to litigation or has an interest in such
litigation, and the use of such records by the Department of Justice is
deemed by OPM to be relevant and necessary to the litigation.
c. Where a record, either alone or in conjunction with other
information, indicates a violation or potential violation of law--
criminal, civil, or regulatory in nature--the relevant records may be
referred to the appropriate Federal, State, local, territorial, Tribal,
or foreign law enforcement authority or other appropriate entity
charged with the responsibility for investigating or prosecuting such
violation or charged with enforcing or implementing such law.
d. To a member of Congress or staff acting upon the member's
behalf, when the member or staff requests the information on behalf of,
and at the request of, the individual to whom the record pertains.
e. To the National Archives and Records Administration (NARA) for
records management inspections conducted under the authority of 44
U.S.C. 2904 and 2906.
f. To appropriate agencies, entities, and persons when (1) OPM
suspects or has confirmed that there has been a breach of the system of
records, (2) OPM has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, OPM (including
its information systems, programs, and operations), the Federal
Government, or national security; and (3) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with OPM's efforts to respond to the suspected or confirmed
breach or to prevent, minimize, or remedy such harm.
g. To another Federal agency or Federal entity, when OPM determines
that information from this system of records is reasonably necessary to
assist the recipient agency or entity in (1) responding to a suspected
or confirmed breach or (2) preventing, minimizing, or remedying the
risk of harm to individuals, the recipient agency or entity (including
its information systems, programs, and operations), the Federal
Government, or national security, resulting from a suspected or
confirmed breach.
h. To contractors, grantees, experts, consultants, or volunteers
performing or working on a contract, service, grant, cooperative
agreement, or other assignment for OPM to the extent necessary to
accomplish an agency function related to this system of records.
i. To the General Services Administration to operate the
eRulemaking system.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
All comments are maintained electronically by the General Services
Administration in the Federal Docket Management System (FDMS). Comments
are also extracted and stored electronically at OPM for further
analysis.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by the commenter's name, keywords,
document identification number, comment tracking number, document
title, CFR title, CFR citation, document type, document sub type, date
posted, and comment period end date.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Comments on rulemakings are retained permanently in accordance with
OPM's NARA approved record schedule DAA-0478-2017-0002-0001. Comments
on SORNs are retained for 2 years after supersession by a revised SORN
or after system ceases operation in accordance with GRS 4.2, item 150.
Records of notices of announcements and other matters not codified in
the Code of Federal Regulations are retained for 1 year unless needed
longer for a required business use.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
The General Services Administration information technology system
that hosts <a href="http://Regulations.gov">Regulations.gov</a> and FDMS is in a facility protected by
physical walls, security guards, and requiring identification badges.
Rooms housing the system infrastructure are locked, as are the
individual server racks. All security controls are reviewed on a
periodic basis by external assessors. The controls themselves include
measures for access control, security awareness training, audits,
configuration management, contingency planning, incident response, and
maintenance.
Several administrative, technical, and physical security measures
implemented by OPM also protect the records stored by OPM from
unauthorized access and misuse. These
[[Page 6032]]
measures comply with the Federal Information Security Modernization Act
of 2002, as amended by the Federal Information Security Modernization
Act of 2014, OMB policies, and standards and guidance from the National
Institute of Standards and Technology (NIST).
RECORD ACCESS PROCEDURES:
Individuals seeking access to their records in this system may
email their request to <a href="/cdn-cgi/l/email-protection#ea8c85838baa859a87c48d859c"><span class="__cf_email__" data-cfemail="3650595f577659465b18515940">[email protected]</span></a> or mail their request to the Office
of Personnel Management, Office of the Executive Secretariat, Privacy,
and Information Management--FOIA, 1900 E Street NW, OESPIM/FOIA Room
5H35, Washington, DC 20415-0001. The email or letter should:
1. Include the words ``Privacy Act Records Access Request'',
2. State that the request relates to OPM/Internal--29, Federal
Register Comments, and
3. Clearly describe the information requested.
The letter or email must also include the individual's:
1. Full name, and any former names,
2. Date of birth,
3. Preference for how they want to be contacted (home address,
telephone number, and/or personal email), and
4. Signature.
Additional requirements regarding record access requests, including
the rights of guardians and how records may be provided, may be found
in 5 CFR part 297, Privacy Procedures for Personnel Records.
CONTESTING RECORD PROCEDURES:
Individuals wishing to request an amendment of records about them
may email their request to <a href="/cdn-cgi/l/email-protection#50363f3931103f203d7e373f26"><span class="__cf_email__" data-cfemail="d5b3babcb495baa5b8fbb2baa3">[email protected]</span></a> or mail their request to the
Office of Personnel Management, Office of the Executive Secretariat,
Privacy, and Information Management--FOIA, 1900 E Street NW, OESPIM/
FOIA Room 5H35, Washington, DC 20415-0001. The email or letter should:
1. Include the words ``Privacy Act Amendment Request'',
2. State that the request relates to OPM/Internal--29, Federal
Register Comments,
3. Clearly describe the records the individual wants to amend and
why, and
4. Include any documents which could help substantiate the request.
The letter or email must also include the individual's:
1. Full name, and any former names,
2. Date of birth,
3. Preference for how they want to be contacted (home address,
telephone number, and/or personal email), and
4. Signature.
Additional requirements regarding record access requests, including
the rights of guardians and how records may be provided, may be found
in 5 CFR part 297, Privacy Procedures for Personnel Records.
NOTIFICATION PROCEDURES:
See ``Record Access Procedures.''
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
[FR Doc. 2025-01125 Filed 1-16-25; 8:45 am]
BILLING CODE 6325-67-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on January 17, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.