Rule2023-24233
Privacy Act Regulations for EPA-100
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
November 8, 2023
Effective
February 6, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking direct final action to revise the Agency's Privacy Act regulations to exempt a new system of records, EPA-100, OIG Data Analytics Enterprise, from certain requirements of the Privacy Act. In this rulemaking, the Agency exempts portions of this system from certain provisions of the Privacy Act because of law enforcement requirements and to avoid interference during the conduct of criminal, civil, or administrative actions or investigations. Additionally, EPA is taking direct final action to revise the Agency's Privacy Act regulations to update the names of systems of records with general and specific exemptions, change wording to reflect that the Office of Inspector General (OIG) is an independent component of EPA, incorporate the revised citation for the Inspector General Act of 1978 and to remove specific systems of record which are no longer exempt.
Full Text
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<title>Federal Register, Volume 88 Issue 215 (Wednesday, November 8, 2023)</title>
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[Federal Register Volume 88, Number 215 (Wednesday, November 8, 2023)]
[Rules and Regulations]
[Pages 76999-77004]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24233]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 16
[EPA-HQ-OMS-2023-0020; FRL-10620-03-OMS]
Privacy Act Regulations for EPA-100
AGENCY: Office of Inspector General, Environmental Protection Agency
(EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to revise the Agency's Privacy Act regulations to exempt a
new system of records, EPA-100, OIG Data Analytics Enterprise, from
certain requirements of the Privacy Act. In this rulemaking, the Agency
exempts portions of this system from certain provisions of the Privacy
Act because of law enforcement requirements and to avoid interference
during the conduct of criminal, civil, or administrative actions or
investigations. Additionally, EPA is taking direct final action to
revise the
[[Page 77000]]
Agency's Privacy Act regulations to update the names of systems of
records with general and specific exemptions, change wording to reflect
that the Office of Inspector General (OIG) is an independent component
of EPA, incorporate the revised citation for the Inspector General Act
of 1978 and to remove specific systems of record which are no longer
exempt.
DATES: This rule is effective on February 6, 2024 without further
notice, unless EPA receives adverse comment by December 8, 2023. If EPA
receives adverse comment, we will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OMS-2023-0020, at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Daniel Porter, Director, Data
Analytics Directorate, Office of Inspector General, Environmental
Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20004;
telephone number: 202-309-6449; email address:
<a href="/cdn-cgi/l/email-protection#deb1b7b9f0babfaabf81bfb0bfb2a7aab7bdad9ebbaebff0b9b1a8"><span class="__cf_email__" data-cfemail="6d02040a43090c190c320c030c011419040e1e2d081d0c430a021b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Why is EPA using a direct final rule?
The EPA is publishing this rule without a prior proposed rule
because we view this as a noncontroversial action and anticipate no
adverse comment. However, in the ``Proposed Rules'' section of this
Federal Register, we are publishing a separate document that will serve
as the proposed rule to exempt a new system of records, EPA-100, the
OIG Data Analytics Enterprise Tracking System, from certain
requirements of the Privacy Act if adverse comments are received on
this direct final rule. We will not institute a second comment period
on this action. Any parties interested in commenting must do so at this
time. For further information about commenting on this rule, see the
ADDRESSES section of this document.
If EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that this
direct final rule will not take effect. We would address all public
comments in any subsequent final rule based on the proposed rule.
EPA is also revising the Agency's Privacy Act regulations to update
the names of systems of records with general and specific exemptions.
Specifically, 40 CFR 16.11, will be modified to update the name of EPA-
17 from OCEFT Criminal Investigative Index and Files to Online Criminal
Enforcement Activities Network (OCEAN) and EPA-40 from Inspector
General's Operation and Reporting (IGOR) System Investigative Files to
Inspector General Enterprise Management System (IGEMS) Investigative
Module and to add EPA-100 OIG Data Analytics Enterprise. Likewise, 40
CFR 16.12 will also be modified to update the names of EPA-17 from
OCEFT Criminal Investigative Index and Files to Online Criminal
Enforcement Activities Network (OCEAN), EPA-21 from External Compliance
Program Discrimination Complaint Files to External Compliance Case
Tracking System (EXCATS), EPA-30 from OIG Hotline Allegation System to
Inspector General Enterprise Management System (IGEMS) Hotline Module
and EPA-40 from Inspector General's Operation and Reporting (IGOR)
System Investigative Files to Inspector General Enterprise Management
System (IGEMS) Investigative Module. Additionally, Sec. 16.12 will be
modified to add EPA-100 OIG Data Analytics Enterprise and to remove
reference to EPA-41 because the system of records is no longer exempt.
II. General Information
The EPA will use this system of records to develop data models and
analyses in order to identify fraud, waste and abuse, and programmatic
problems and deficiencies. This system of records will allow the EPA
OIG to identify correlations between existing EPA data sets and other
government agency data sets so as to identify patterns and correlations
that indicate fraud and issues of program waste and abuse. EPA OIG will
apply analytics and data modeling principles within this system of
records to identify problems or failures in the implementation or
performance of internal controls within the EPA. The records may be
used in the course of performing audits, evaluations, and inspections;
investigating individuals and entities suspected of criminal, civil, or
administrative misconduct and in supporting related judicial and
administrative proceedings; or in conducting preliminary inquiries
undertaken to determine whether to commence an audit, evaluation,
inspection, or investigation.
The EPA compiles and maintains the records in the OIG Data
Analytics Enterprise for use in criminal and civil investigations and
actions. This system of records, EPA-100, is maintained by the Office
of Inspector General. This component of EPA performs as its principal
function, activities pertaining to the enforcement of criminal laws.
The Privacy Act allows Federal agencies to exempt eligible records
in a system of records from certain provisions of the Act, including
those that provide individuals with a right to request access to and
amendment of their own records. If an agency intends to exempt a
particular system of records, it must first go through the rulemaking
process pursuant to 5 U.S.C. 553(b)(1)-(3), (c), and (e). This rule
explains why an exemption is being claimed for this system of records
and invites public comment, which EPA will consider.
Under 5 U.S.C. 552a(j)(2), the head of any agency may exempt any
system of records within the agency from certain provisions of the
Privacy Act, if the agency or component that maintains the system
performs as its principal function any activities pertaining to the
enforcement of criminal laws. The Inspector General Act mandates that
the Inspector General recommend policies for, and conduct, supervise,
and coordinate activities in the Agency and between the Agency and
other Federal, State, and local government agencies with respect to all
matters relating to the prevention and detection of fraud in programs
and operations administered or financed by the Agency, and to the
identification and prosecution of participants in such fraud. Under the
Inspector General Act, whenever the Inspector General has reasonable
grounds to believe that there has been a violation of Federal criminal
law, the Inspector General must report the matter expeditiously to the
Attorney General. In addition to these principal functions
[[Page 77001]]
pertaining to the enforcement of criminal laws, the Inspector General
may receive and investigate complaints on information from various
sources concerning the possible existence of activities constituting
violations of law, rules, or regulations, or mismanagement, gross waste
of funds, abuses of authority, or substantial and specific danger to
the public health and safety. To the extent criminal law enforcement
information is contained in the system as enumerated in 5 U.S.C.
552a(j)(2), the provisions of the Privacy Act from which exemptions are
claimed under 5 U.S.C. 552a(j)(2) are as follows: 5 U.S.C. 552a(c)(3)
and (4); 5 U.S.C. 552a(d); 5 U.S.C. 552a(e)(1), (2) and (3); 5 U.S.C.
552a(e)(4)(G) and (H); 5 U.S.C. 552a(e)(5) and (8); 5 U.S.C. 552a(f)(2)
through (5); and 5 U.S.C. 552a(g).
EPA is claiming the above exemptions for the following reasons:
(1) From subsection (c)(3), because making available to a named
individual an accounting of disclosures of records concerning him/her/
them could reveal investigative interest on the part of EPA and/or the
Department of Justice. This could allow record subjects to impede the
investigation, e.g., destroy evidence, intimidate potential witnesses,
or flee the area to avoid inquiries or apprehension by law enforcement
personnel. More broadly, the application of this provision could reveal
the OIG's investigative interests, which could compromise those
investigative interests. Further, such a disclosure could reveal the
identity of a confidential source and hamper the Agency's
investigation.
(2) From subsection (c)(4), which concerns providing notice to
others regarding corrections or disputed information in accordance with
subsection (d) of the Privacy Act, because no access to these records
is available under subsection (d) of the Act.
(3) From subsection (d), which requires an agency to permit an
individual to access, contest or request amendment of records
pertaining to him/her/them, because the records contained in this
system relate to official Federal investigations. Individual access to
these records could compromise ongoing investigations, reveal
confidential informants and/or sensitive investigative techniques used
in particular investigations, or constitute unwarranted invasions of
the personal privacy of third parties who are involved in a certain
investigation.
(4) From subsection (e)(1), which requires an agency to maintain
only relevant and necessary information about an individual, because
the relevance or necessity of information obtained in the course of a
law enforcement investigation is not always known when collected.
Material that may seem unrelated, irrelevant, or incomplete when
collected may take on added meaning or significance as the
investigation progresses. Also, in the interest of effective law
enforcement, it is appropriate to retain all information that may aid
in establishing patterns of criminal activity. Therefore, it would
impede the investigative process if it were necessary to assure the
relevance and necessity of all information obtained.
(5) From subsection (e)(2), which requires an agency to collect
information to the greatest extent practicable directly from the
subject individual when the information may result in adverse
determinations about the individual's rights, benefits, or privileges
under Federal programs. Application of this provision could impair
investigations and law enforcement by alerting the subject of the
investigation to the existence of the investigation. Further,
compliance with the requirements of this subsection during the course
of an investigation could impede the information gathering process or
cause the destruction of evidence, thus hampering the investigation.
(6) From subsection (e)(3), which requires an agency to inform
those supplying information of its authority to collect the
information, its plans for using or sharing that information, and the
effects of not providing the requested information. The application of
this provision could provide the subject of the investigation with
substantial information about the nature of the investigation, which
could interfere with the investigation. To comply with the requirements
of this subsection during the course of an investigation could impede
the information gathering process especially when undercover operations
or confidential sources are used, thus hampering the investigation.
(7) From subsections (e)(4)(G) and (H), which require an agency to
publish--in the Federal Register--procedures concerning access to
records, because no access to these records is available under
subsection (d) of the Privacy Act, for the reasons explained above in
the discussion of subsection (d).
(8) From subsection (e)(5), which requires an agency to maintain
its records with accuracy, relevance, timeliness, and completeness as
is reasonably necessary to assure fairness to the individual, because
it is not possible to determine in advance what information is
accurate, relevant, timely, and complete. Facts are first gathered and
then placed into a logical order to prove or disprove objectively the
criminal behavior of an individual. Material that may seem unrelated,
irrelevant, or incomplete when collected may take on added meaning or
significance as the investigation progresses. The restrictions of this
provision could interfere with the preparation of a complete
investigative report, thereby impeding effective law enforcement.
(9) From subsection (e)(8), which requires notice to an individual
whenever a record on such individual is made available to others under
compulsory legal process, because complying with this provision could
prematurely reveal an ongoing criminal investigation to the subject of
the investigation.
(10) From subsections (f)(2), (f)(3), (f)(4), and (f)(5),
concerning agency rules for obtaining access to records under
subsection (d), because this system is exempt from the access and
amendment provisions of subsection (d). Since EPA is exempting this
system of records from subsection (d) of the Act, concerning access to
records, the requirements of subsections (f)(2) through (5) of the Act,
concerning agency rules for obtaining access to such records, are
inapplicable and are exempted to the extent that this system of records
is exempted from subsection (d) of the Act.
(11) From subsection (g), which provides for civil remedies if an
agency fails to comply with certain requirements of the Act applicable
to a nonexempt system of records, because EPA is exempting this system
of records from subsections (c)(3) and (4); (d); (e)(1), (2), (3),
(4)(G), and (H), (5), and (8); and (f)(2) through (5) of the Act. The
provisions of subsection (g) of the Act are inapplicable to the extent
that this system of records is exempted from those subsections of the
Act.
The EPA also compiles and maintains the records in the OIG Data
Analytics Enterprise for use in civil and administrative investigations
and actions. In those cases, the system again is maintained by the
Office of Inspector General. 5 U.S.C. 552a(k)(2) states that the head
of an agency may promulgate regulations to exempt the system from
certain provisions of the Act if the system ``is investigatory material
compiled for law enforcement purposes, other than material within the
scope of subsection (j)(2)'' of 5 U.S.C. 552a. Accordingly, to the
extent investigatory records are not covered under the exemptions in
subsection (j)(2), the following provisions of the Privacy Act
[[Page 77002]]
are exempt pursuant to 5 U.S.C. 552a(k)(2): 5 U.S.C. 552a(c)(3), 5
U.S.C. 552a(d), 5 U.S.C. 552a(e)(1), 5 U.S.C. 552a(e)(4)(G) and (H) and
5 U.S.C. 552a(f)(2) through (5):
(1) From subsection (c)(3) because making available to named
individual an accounting of disclosures of records concerning him/her/
them could reveal investigative interest on the part of EPA and/or the
Department of Justice. This could allow record subjects to impede the
investigation, e.g., destroy evidence, intimidate potential witnesses,
or flee the area to avoid inquiries or apprehension by law enforcement
personnel. More broadly, the application of this provision could reveal
the OIG's investigative interests, which could compromise those
investigative interests. Further, such a disclosure could reveal the
identity of a confidential source and hamper the Agency's
investigation.
(2) From subsection (d), which requires an agency to permit an
individual to access, contest or request amendment of records
pertaining to him/her/them, because the records contained in this
system relate to official Federal investigations. Individual access to
these records could compromise ongoing investigations, reveal
confidential informants and/or sensitive investigative techniques used
in particular investigations, or constitute unwarranted invasions of
the personal privacy of third parties who are involved in a certain
investigation.
(3) From subsection (e)(1), which requires each agency to maintain
only such information about an individual as is relevant and necessary
to accomplish a purpose of the agency, because in the course of law
enforcement investigations information may occasionally be obtained or
introduced the accuracy of which is unclear or which is not strictly
relevant or necessary to a specific investigation. In the interests of
effective law enforcement, it is appropriate to retain all information
that may aid in establishing patterns of criminal activity. Moreover,
it would impede any investigative process, whether civil or criminal,
if it were necessary to assure the relevance, accuracy, timeliness and
completeness of all information obtained.
(4) From subsections (e)(4)(G) and (H), which require an agency to
publish--in the Federal Register--procedures concerning access to
records, because no access to these records is available under
subsection (d) of the Privacy Act, for the reasons explained above in
the discussion of subsection (d).
(5) From subsection (f)(2), (f)(3), (f)(4), and (f)(5), concerning
agency rules for obtaining access to records under subsection (d),
because this system is exempt from the access and amendment provisions
of subsection (d). Since EPA is exempting this system of records from
subsection (d) of the Act, concerning access to records, the
requirements of subsections (f)(2) through (5) of the Act, concerning
agency rules for obtaining access to such records, are inapplicable and
are exempted to the extent that this system of records is exempted from
subsection (d) of the Act.
The EPA also compiles and maintains the records in the OIG Data
Analytics Enterprise, EPA-100, for the purpose of determining
suitability, eligibility, or qualifications for Federal civilian
employment, military service, Federal contracts, or access to
classified information. In those cases, the system again is maintained
by the Office of Inspector General. The statute at 5 U.S.C. 552a(k)(5)
states that the head of any agency may by rule exempt any system of
records within the agency from certain provisions of the Privacy Act,
if the system of records is investigatory material compiled solely for
the purpose of determining suitability, eligibility, or qualifications
for Federal civilian employment, military service, Federal contracts,
or access to classified information, but only to the extent that the
disclosure of such material would reveal the identity of a source who
furnished information to the Government under an express promise that
the identity of the source would be held in confidence. Accordingly, to
the extent any records would disclose source-identifying information,
all such information in the OIG Data Analytics Enterprise, EPA-100, are
exempt from 5 U.S.C. 552a(c)(3) and 5 U.S.C. 552a(d):
(1) From subsection (c)(3) because making available to named
individual an accounting of disclosures of records concerning him/her/
them could reveal investigative interest on the part of EPA and/or the
Department of Justice. This could allow record subjects to impede the
investigation, e.g., destroy evidence, intimidate potential witnesses,
or flee the area to avoid inquiries or apprehension by law enforcement
personnel. More broadly, the application of this provision could reveal
the OIG's investigative interests, which could compromise those
investigative interests. Further, such a disclosure could reveal the
identity of a confidential source and hamper the Agency's
investigation.
(2) From subsection (d), which requires an agency to permit an
individual to access, contest or request amendment of records
pertaining to him/her/them, because the records contained in this
system relate to official Federal investigations. Individual access to
these records could compromise ongoing investigations, reveal
confidential informants and/or sensitive investigative techniques used
in particular investigations, or constitute unwarranted invasions of
the personal privacy of third parties who are involved in a certain
investigation.
III. Statutory and Executive Orders Reviews
Additional information about these statutes and Executive orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action was submitted to the Office of Management and Budget
(OMB) for review and reviewed without comment.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA. This action contains no provisions constituting a collection
of information under the PRA.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments.
E. Executive Order 13132 (Federalism)
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the National Government and the states, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
this action.
[[Page 77003]]
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).
List of Subjects in 40 CFR Part 16
Environmental protection, Administrative practice and procedure,
Confidential business information, Government employees, Privacy.
Kimberly Y. Patrick,
Principal Deputy Assistant Administrator, Office of Mission Support.
For the reasons set forth in the preamble, EPA amends 40 CFR part
16 as follows:
PART 16--IMPLEMENTATION OF PRIVACY ACT OF 1974
0
1. The authority citation for part 16 continues to read as follows:
Authority: 5 U.S.C. 301, 552a (as revised).
0
2. Amend Sec. 16.11 by:
0
a. Revising paragraph (a) and (c)(2);
0
b. Adding paragraph (c)(6); and
0
c. Revising paragraph (d) and the introductory text of paragraph (e).
The revisions and addition read as follows:
Sec. 16.11 General exemptions.
(a) Systems of records affected. (1) EPA-17 Online Criminal
Enforcement Activities Network (OCEAN).
(2) EPA-40 Inspector General Enterprise Management System (IGEMS)
Investigative Module.
(3) EPA-63 eDiscovery Enterprise Tool Suite.
(4) EPA-79 NEIC Master Tracking System.
(5) EPA-100 OIG Data Analytics Enterprise.
* * * * *
(c) * * *
(2) The Agency's system of records, EPA-40 is maintained by the
Office of Inspector General (OIG), an independent component of EPA that
performs as its principal function activities pertaining to the
enforcement of criminal laws. Authority for the criminal law
enforcement activities of the OIG's Office of Investigations is the
Inspector General Act of 1978, as amended, 5 U.S.C. 401-424.
* * * * *
(6) The Agency's system of records, EPA-100 system of records is
maintained by the Office of Inspector General, an independent component
of EPA which performs as its principal function activities pertaining
to the enforcement of criminal laws. Authority for the criminal law
enforcement activities of the Office of Inspector General is the
Inspector General Act of 1978, as amended, 5 U.S.C. 401-424.
(d) Scope of exemption. EPA systems of records 17, 40, 63, 79, and
100 are exempted from the following provisions of the PA: 5 U.S.C.
552a(c)(3) and (4); (d); (e)(1), (2), (3), (4)(G), and (H), (5), and
(8); (f)(2) through (5); and (g). To the extent that the exemption for
EPA systems of records 17, 40, 63, 79 and 100 claimed under 5 U.S.C.
552a(j)(2) is held to be invalid, then an exemption under 5 U.S.C.
552a(k)(2) is claimed for these systems of records from (c)(3), (d),
(e)(1), (e)(4)(G) and (H), and (f)(2) through (5). For Agency's system
of records, EPA system 40, an exemption is separately claimed under 5
U.S.C. 552(k)(5) from (c)(3), (d), (e)(1), (e)(4)(G), (4)(H), and
(f)(2) through (5). For Agency's system of records, EPA system 100, an
exemption is separately claimed under 5. U.S.C. 552(k)(5) from (c)(3)
and (d).
(e) Reasons for exemption. EPA systems of records 17, 40, 63, 79,
and 100 are exempted from the provisions of the PA in paragraph (d) of
this section for the following reasons:
* * * * *
0
3. Amend Sec. 16.12 by revising paragraph (a)(1), the first sentence
in paragraph (a)(4)(i), paragraph (a)(4)(iii), the introductory text of
paragraph (a)(5), paragraphs (b)(1) and (4), and the introductory text
of paragraph (b)(5) to read as follows:
Sec. 16.12 Specific exemptions.
(a) * * *
(1) Systems of records affected. (i) EPA-17 Online Criminal
Enforcement Activities Network (OCEAN).
(ii) EPA-21 External Compliance Case Tracking System (EXCATS).
(iii) EPA-30 Inspector General Enterprise Management System (IGEMS)
Hotline Module.
(iv) EPA-40 Inspector General Enterprise Management System (IGEMS)
Investigative Module.
(v) EPA-63 eDiscovery Enterprise Tool Suite.
(vi) EPA-79 NEIC Master Tracking System.
(vii) EPA-100 OIG Data Analytics Enterprise.
* * * * *
(4) * * *
(i) EPA systems of records 17, 30, 40, 63, 79, and 100 are exempted
from the following provisions of the PA, subject to the limitations set
forth in 5 U.S.C. 552a(k)(2): 5 U.S.C. 552a(c)(3); (d); (e)(1), (4)(G)
and (4)(H); and (f)(2) through (5). * * *
* * * * *
(iii) EPA-17 Online Criminal Enforcement Activities Network
(OCEAN), EPA-40 Inspector General Enterprise Management System (IGEMS)
Investigative Module, EPA-79 NEIC Master Tracking System, and EPA-100
OIG Data Analytics Enterprise are exempted under 5 U.S.C. 552a(j)(2),
and these systems are exempted under 5 U.S.C. 552a(k)(2) only to the
extent that the (j)(2) exemption is held to be invalid.
(5) Reasons for exemption. EPA systems of records 17, 21, 30, 40,
63, 79, and 100 are exempted from the provisions of the PA in paragraph
(a)(4) of this section for the following reasons:
* * * * *
(b) * * *
(1) Systems of records affected. (i) EPA 36 Research Grant,
Cooperative Agreement, and Fellowship Application Files.
(ii) EPA 40 Inspector General Enterprise Management System (IGEMS)
Investigative Module.
(iii) EPA 100 OIG Data Analytics Enterprise.
* * * * *
(4) Scope of exemption. (i) EPA 36 and 100 are exempted from 5
U.S.C. 552a(c)(3) and (d). EPA 40 is exempted from the following
provisions of the PA,
[[Page 77004]]
subject to the limitations of 5 U.S.C. 552a(k)(5); 5 U.S.C. 552a(c)(3);
(d); (e)(1), (4)(H); and (f)(2) through (5).
(ii) To the extent that records in EPA 40 and 100 reveal a
violation or potential violation of law, then an exemption under 5
U.S.C. 552a(k)(2) is also claimed for these records. EPA 40 and 100 are
also exempt under 5 U.S.C. 552a(j)(2).
(5) Reasons for exemption. EPA 36, 40, and 100 are exempted from
the above provisions of the PA for the following reasons:
* * * * *
[FR Doc. 2023-24233 Filed 11-7-23; 8:45 am]
BILLING CODE 6560-50-P
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