Proposed Rule2023-25982
Privacy Act of 1974: Implementation of Exemptions
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 27, 2023
Issuing agencies
Energy Department
Abstract
The Department of Energy (DOE, the Department) is giving notice of a newly established System of Records pursuant to the Privacy Act of 1974 for the Department of Energy--DOE-78 Data Analytics Program Records in this proposed rulemaking. The Department proposes to exempt portions of the System of Records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
Full Text
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[Federal Register Volume 88, Number 226 (Monday, November 27, 2023)]
[Proposed Rules]
[Pages 82788-82792]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-25982]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 88, No. 226 / Monday, November 27, 2023 /
Proposed Rules
[[Page 82788]]
DEPARTMENT OF ENERGY
10 CFR Part 1008
[DOE-HQ-2023-0058]
RIN 1903-AA14
Privacy Act of 1974: Implementation of Exemptions
AGENCY: U.S. Department of Energy.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Department of Energy (DOE, the Department) is giving
notice of a newly established System of Records pursuant to the Privacy
Act of 1974 for the Department of Energy--DOE-78 Data Analytics Program
Records in this proposed rulemaking. The Department proposes to exempt
portions of the System of Records from one or more provisions of the
Privacy Act because of criminal, civil, and administrative enforcement
requirements.
DATES: To be assured of consideration, written comments on this
proposed rulemaking must be received at one of the addresses listed in
the ADDRESSES section, on or before December 27, 2023. Comments
received following the aforementioned date may be considered if it is
practical to do so. Please refer to section IV (Public Participation--
Submission of Comments) for additional information on the comment
period.
ADDRESSES: You may submit comments identified by docket number DOE-HQ-
2023-0058, as follows:
Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>. Include the docket
number DOE-HQ-2023-0058 in the ``Enter Keyword or ID'' field and click
on ``Search.'' On the next web page, click on ``Submit a Comment''
action and follow the instructions in the portal.
Mail/Hand Delivery/Courier [for paper, disk, or CD-ROM submissions]
to: Ken Hunt, U.S. Department of Energy, 1000 Independence Avenue SW,
Office 8H-085, Washington, DC 20585.
Comments received, including any personal information, will be
posted without change to <a href="http://www.regulations.gov">www.regulations.gov</a>.
Docket: The docket, which includes Federal Register notices,
comments, and other supporting documents/materials, is available for
review at <a href="http://www.regulations.gov">www.regulations.gov</a>. All documents in the docket are listed
in the <a href="http://www.regulations.gov">www.regulations.gov</a> index. However, some documents listed in the
index, such as those containing information that is exempt from public
disclosure, may not be publicly available. The <a href="http://www.regulations.gov">www.regulations.gov</a> web
page contains instructions on how to access all documents, including
public comments, in the docket. See section IV of this document for
further information on how to submit comments through
<a href="http://www.regulations.gov">www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Kyle David, U.S. Department of Energy,
1000 Independence Avenue SW, Office 8H-085, Washington, DC 20585;
facsimile: (202) 586-8151; email: <a href="/cdn-cgi/l/email-protection#9ff4e6f3fab1fbfee9f6fbdff7eeb1fbf0fab1f8f0e9"><span class="__cf_email__" data-cfemail="640f1d08014a0005120d00240c154a000b014a030b12">[email protected]</span></a>, telephone:
(240) 686-9485.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority and Background
A. Authority
B. Background
II. Discussion
III. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866, 13563, and 14094
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 12988
F. Review Under Executive Order 13132
G. Review Under Executive Order 13175
H. Review Under the Unfunded Mandates Reform Act of 1995
I. Review Under Executive Order 12360
J. Review Under Executive Order 13211
K. Review Under the Treasury and General Government
Appropriations Act, 1999
L. Review Under the Treasury and General Government
Appropriations Act, 2001
IV. Public Participation--Submission of Comments
V. Approval by the Office of the Secretary of Energy
I. Authority and Background
A. Authority
DOE has broad authority to manage the agency's collection, use,
processing, maintenance, storage, and disclosure of Personally
Identifiable Information (PII) pursuant to the following authorities:
42 United States Code (U.S.C.) 7101 et seq., 50 U.S.C. 2401 et seq., 5
U.S.C. 1104, 5 U.S.C. 552, 5 U.S.C. 552a, 42 U.S.C. 7254, 5 U.S.C. 301,
and 42 U.S.C. 405 note.
B. Background
The Privacy Act of 1974 (the Act) (5 U.S.C. 552a) embodies fair
information practice principles in a statutory framework governing the
means by which the U.S. Government collects, maintains, uses, and
disseminates personally identifiable information. The Privacy Act
applies to information that is maintained in a ``System of Records.'' A
``System of Records'' is a group of any records under the control of an
agency from which information is retrieved by the name of the
individual or by some identifying number, symbol, or other identifying
particular assigned to the individual. In the Privacy Act, an
individual is defined to encompass U.S. citizens and lawful permanent
residents.
The Privacy Act allows government agencies to exempt certain
records from the access and amendment provisions. If an agency claims
an exemption, it must issue a Notice of Proposed Rulemaking to make
clear to the public the reasons why a particular exemption is claimed.
II. Discussion
DOE is claiming exemptions from certain requirements of the Privacy
Act for one System of Records: DOE-78 Data Analytics Program Records.
DOE-78 Data Analytics Program Records will aggregate, store, and
use data that the Office of the Inspector General (OIG) has the legal
authority to collect and maintain to perform statistical analytics,
data science, link analysis, and other mathematical techniques. The
primary goal of this work is to identify anomalies that may indicate
systemic or specific risks as well as activities that indicate
mismanagement, fraud, abuse, waste, unlawful or unethical activity in
DOE programs and operations. The analysis may support other parts of
OIG by helping to identify specific areas for OIG attention or the
development of risk indicators. Other parts of OIG may use the analytic
output of the system to determine predication or indication for audits,
inspections, evaluations, and investigations, including joint
refinement of preliminary analysis, under their specific authorities.
[[Page 82789]]
For this System of Records, DOE claims exemptions to paragraphs
(c)(3) and (4); (d)(1) through (4); (e)(1) through (3), (4)(G), (4)
(H), and (4)(I); (e)(5) and (8); and (g) of the Privacy Act pursuant to
5 U.S.C. 552a(j)(2). In addition, the system has been exempted from the
Privacy Act, pursuant to 5 U.S.C. 552a(k)(1), (k)(2) and (k)(5). These
exemptions are needed to protect information relating to DOE activities
from disclosure to subjects or others related to these activities.
Specifically, the exemptions are required to preclude subjects of these
activities from frustrating these processes; to avoid disclosure of
activity techniques; to protect the identities and physical safety of
confidential informants and law enforcement personnel; to ensure DOE's
ability to obtain information from third parties and other sources; and
to protect the privacy of third parties; to safeguard classified
information. Disclosure of information to the subject of the inquiry
could also permit the subject to avoid detection or apprehension.
The exemptions proposed here are standard law enforcement and
national security exemptions exercised by many federal law enforcement
and intelligence agencies. In appropriate circumstances, where
compliance would not appear to interfere with or adversely affect the
law enforcement purposes of this system and overall law enforcement
process, the applicable exemptions may be waived on a case-by-case
basis.
A System of Records Notice for DOE-78 Data Analytics Program
Records is also published in this issue of the Federal Register.
Exemptions for DOE-78 Data Analytics Program Records from these
particular paragraphs of the Act are justified, on a case-by-case basis
to be determined at the time a request is made for the following
reasons:
From paragraphs (c)(3) and (4) (Accounting for Disclosures) because
release of the accounting of disclosures could alert the subject of an
investigation of an actual or potential criminal, civil, or regulatory
violation to the existence of that investigation and reveal
investigative interest on the part of DOE as well as the recipient
agency. Disclosure of the accounting would therefore present a serious
impediment to law enforcement efforts or efforts to preserve national
security. Disclosure of the accounting would also permit the individual
who is the subject of a record to impede the investigation, to tamper
with witnesses or evidence, and to avoid detection or apprehension,
which would undermine the entire investigative process.
From paragraph (d) (Access to Records) because access to the
records contained in this System of Records could inform the subject of
an investigation of an actual or potential criminal, civil, or
regulatory violation to the existence of that investigation and reveal
investigative interest on the part of DOE or another agency. Access to
the records could permit the individual who is the subject of a record
to impede the investigation, to tamper with witnesses or evidence, and
to avoid detection or apprehension. Amendment of the records could
interfere with ongoing investigations and law enforcement activities
and would impose an unreasonable administrative burden by requiring
investigations to be continually reinvestigated. In addition,
permitting access and amendment to such information could disclose
security-sensitive information that could be detrimental to nuclear or
energy sector security.
From paragraph (e)(1) (Relevancy and Necessity of Information)
because in the course of investigations into potential violations of
federal law, the accuracy of information obtained or introduced
occasionally may be unclear, or the information may not be 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 unlawful activity.
From paragraph (e)(2) (Collection of Information from Individuals)
because requiring that information be collected from the subject of an
investigation would alert the subject to the nature or existence of the
investigation, thereby interfering with that investigation and related
law enforcement activities.
From paragraph (e)(3) (Notice to Subjects) because providing such
detailed information could impede law enforcement by compromising the
existence of a confidential investigation or reveal the identity of
witnesses or confidential informants.
From paragraphs (e)(4)(G), (e)(4)(H), and (e)(4)(I) (Agency
Requirements) and (f) (Agency Rules), because portions of this system
are exempt from the individual access provisions of paragraph (d) for
the reasons noted above, and therefore DOE is not required to establish
requirements, rules, or procedures with respect to such access.
Providing notice to individuals with respect to existence of records
pertaining to them in the System of Records or otherwise setting up
procedures pursuant to which individuals may access and view records
pertaining to themselves in the system would undermine investigative
efforts and reveal the identities of witnesses, and potential
witnesses, and confidential informants.
From paragraph (e)(5) (Collection of Information) because with the
collection of information for law enforcement purposes, it is
impossible to determine in advance what information is accurate,
relevant, timely, and complete. Compliance with paragraph (e)(5) would
preclude DOE agents from using their investigative training and
exercise of good judgment to both conduct and report on investigations.
From paragraph (e)(8) (Notice on Individuals) because compliance
would interfere with DOE's ability to obtain, serve, and issue
subpoenas, warrants, and other law enforcement mechanisms that may be
filed under seal and could result in disclosure of investigative
techniques, procedures, and evidence.
From paragraph (g) (Civil Remedies) to the extent that the system
is exempt from other specific paragraphs of the Privacy Act.
III. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866, 13563, and 14094
Executive Order (``E.O.'') 12866, ``Regulatory Planning and
Review,'' 58 FR 51735 (Oct. 4, 1993), as supplemented and reaffirmed by
E.O. 13563, ``Improving Regulation and Regulatory Review,'' 76 FR 3821
(Jan. 21, 2011) and amended by E.O. 14094, ``Modernizing Regulatory
Review,'' 88 FR 21879 (April 11, 2023), requires agencies, to the
extent permitted by law, to (1) propose or adopt a regulation only upon
a reasoned determination that its benefits justify its costs
(recognizing that some benefits and costs are difficult to quantify);
(2) tailor regulations to impose the least burden on society,
consistent with obtaining regulatory objectives, taking into account,
among other things, and to the extent practicable, the costs of
cumulative regulations; (3) select, in choosing among alternative
regulatory approaches, those approaches that maximize net benefits
(including potential economic, environmental, public health and safety,
and other advantages; distributive impacts; and equity); (4) to the
extent feasible, specify performance objectives, rather than specifying
the behavior or manner of compliance that regulated entities must
adopt; and (5) identify and assess available alternatives to direct
regulation, including providing economic incentives to encourage the
desired behavior, such as user fees or
[[Page 82790]]
marketable permits, or providing information upon which choices can be
made by the public. DOE emphasizes as well that E.O. 13563 requires
agencies to use the best available techniques to quantify anticipated
present and future benefits and costs as accurately as possible. In its
guidance, the Office of Information and Regulatory Affairs (OIRA) has
emphasized that such techniques may include identifying changing future
compliance costs that might result from technological innovation or
anticipated behavioral changes. For the reasons stated in the preamble,
this proposed regulatory action is consistent with these principles.
Section 6(a) of E.O. 12866 requires agencies to submit
``significant regulatory actions'' to OIRA for review. OIRA has
determined that this proposed regulatory action is not a ``significant
regulatory action'' within the scope of E.O. 12866. Accordingly, this
action is not subject to review under E.O. 12866 by OIRA of the Office
of Management and Budget (OMB).
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires that an agency prepare an initial regulatory flexibility
analysis for any regulation for which a general notice of proposed
rulemaking is required, unless the agency certifies that the rule, if
promulgated, will not have a significant economic impact on a
substantial number of small entities (5 U.S.C. 605(b)). As required by
Executive Order 13272, Proper Consideration of Small Entities in Agency
Rulemaking, 67 FR 53461 (Aug. 16, 2002), DOE published procedures and
policies on February 19, 2003, to ensure that the potential impacts of
its rules on small entities are properly considered during the
rulemaking process. 68 FR 7990. DOE has made its procedures and
policies available on the Office of the General Counsel's website
(<a href="http://www.energy.gov/gc/office-general-counsel">www.energy.gov/gc/office-general-counsel</a>).
DOE reviewed this proposed rule under the provisions of the
Regulatory Flexibility Act and the procedures and policies published on
February 19, 2003. DOE certifies that the proposed rule, if adopted,
would not have significant economic impact on a substantial number of
small entities. The factual basis for this certification is set forth
below.
This proposed rule would update DOE's policies and procedures
concerning the disclosure of records held within a System of Records
pursuant to the Privacy Act of 1974. This proposed rule would apply
only to activities conducted by DOE's federal employees and
contractors, who would be responsible for implementing the rule
requirements. DOE does not expect there to be any potential economic
impact of this proposed rule on small businesses. Small businesses,
therefore, should not be adversely impacted by the requirements in this
proposed rule. For these reasons, DOE certifies that this proposed
rule, if promulgated, would not have a significant economic impact on a
substantial number of small entities, and therefore, no regulatory
flexibility analysis has been prepared.
C. Review Under the Paperwork Reduction Act of 1995
This proposed rule does not impose a collection of information
requirement subject to review and approval by OMB under the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.).
D. Review Under the National Environmental Policy Act of 1969
Pursuant to the National Environmental Policy Act of 1969 (NEPA),
DOE has analyzed this proposed action in accordance with NEPA and DOE's
NEPA implementing regulations (10 CFR part 1021). DOE's regulations
include a categorical exclusion (CX) for rulemakings interpreting or
amending an existing rule or regulation that does not change the
environmental effect of the rule or regulation being amended. 10 CFR
part 1021, subpart D, appendix A5. DOE has determined that this
proposed rule is covered under the CX found in DOE's NEPA regulations
at paragraph A.5 of appendix A to subpart D, 10 CFR part 1021, because
it is an amendment to an existing regulation that does not change the
environmental effect of the amended regulation and, therefore, meets
the requirements for the application of this CX. See 10 CFR 1021.410.
Therefore, DOE has determined that this proposed rule is not a major
Federal action significantly affecting the quality of the human
environment within the meaning of NEPA and does not require an
Environmental Assessment or an Environmental Impact Statement.
E. Review Under Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, Section 3(a) of Executive Order 12988,
``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on
Federal agencies the general duty to adhere to the following
requirements: (1) eliminate drafting errors and ambiguity; (2) write
regulations to minimize litigation; (3) provide a clear legal standard
for affected conduct rather than a general standard; and (4) promote
simplification and burden reduction. Section 3(b) of Executive Order
12988 specifically requires that executive agencies make every
reasonable effort to ensure the regulation: (1) clearly specifies the
preemptive effect, if any; (2) clearly specifies any effect on existing
Federal law or regulation; (3) provides a clear legal standard for the
affected conduct while promoting simplification and burden reduction;
(4) specifies the retroactive effect, if any; (5) adequately defines
key terms; (6) specifies whether administrative proceedings are to be
required before parties may file suit in court and, if so, describes
those proceedings and requires the exhaustion of administrative
remedies; and (7) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the Attorney
General. Section 3(c) of Executive Order 12988 requires Executive
agencies to review regulations in light of applicable standards in
section 3(a) and section 3(b) to determine whether they are met or it
is unreasonable to meet one or more of the standards. DOE has completed
the required review and determined that, to the extent permitted by
law, this proposed rule meets the relevant standards of Executive Order
12988.
F. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 10,
1999) imposes certain requirements on agencies formulating and
implementing policies or regulations that preempt State law or that
have federalism implications. Agencies are required to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and carefully assess
the necessity for such actions. The Executive order also requires
agencies to have an accountable process to ensure meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications. On March 14, 2000, DOE
published a statement of policy describing the intergovernmental
consultation process it will follow in the development of such
regulations. 65 FR 13735. DOE has examined this proposed rule and has
tentatively determined that it would not preempt State law and would
not have a substantial direct effect 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.
No further
[[Page 82791]]
action is required by Executive Order 13132.
G. Review Under Executive Order 13175
Under Executive Order 13175 (65 FR 67249, November 6, 2000) on
``Consultation and Coordination with Indian Tribal Governments,'' DOE
may not issue a discretionary rule that has ``Tribal'' implications and
imposes substantial direct compliance costs on Indian Tribal
governments. DOE has determined that the proposed rule would not have
such effects and concluded that Executive Order 13175 does not apply to
this proposed rule.
H. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act (UMRA) of 1995 (Pub.
L. 104-4) requires each Federal agency to assess the effects of a
Federal regulatory action on State, local, and Tribal governments, and
the private sector. (Pub. L. 104-4, sec. 201 et seq. (codified at 2
U.S.C. 1531 et seq.)). For a proposed regulatory action likely to
result in a rule that may cause the expenditure by State, local, and
Tribal governments, in the aggregate, or by the private sector of $100
million or more in any one year (adjusted annually for inflation),
section 202 of UMRA requires a Federal agency to publish a written
statement that estimates the resulting costs, benefits, and other
effects on the national economy. (2 U.S.C. 1532(a), (b)) UMRA also
requires a Federal agency to develop an effective process to permit
timely input by elected officers of State, local, and Tribal
governments on a proposed ``significant Federal intergovernmental
mandate,'' and requires an agency plan for giving notice and
opportunity for timely input to potentially affected small governments
before establishing any requirements that might significantly or
uniquely affect them. On March 18, 1997, DOE published a statement of
policy on its process for intergovernmental consultation under UMRA.
(62 FR 12820) (This policy is also available at: <a href="http://www.energy.gov/gc/guidance-opinions">www.energy.gov/gc/guidance-opinions</a> under ``Guidance & Opinions'' (Rulemaking)). DOE
examined the proposed rule according to UMRA and its statement of
policy and has determined that the rule contains neither an
intergovernmental mandate, nor a mandate that may result in the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector, of $100 million or more in any year.
Accordingly, no further assessment or analysis is required under UMRA.
I. Review Under Executive Order 12630
DOE has determined, under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights'' 53 FR 8859 (March 18, 1988), that this proposed regulation
would not result in any takings that might require compensation under
the Fifth Amendment to the U.S. Constitution.
J. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001) requires Federal agencies to prepare and submit to the
OIRA, which is part of OMB, a Statement of Energy Effects for any
proposed significant energy action. A ``significant energy action'' is
defined as any action by an agency that promulgates or is expected to
lead to promulgation of a final rule, and that: (1)(i) is a significant
regulatory action under Executive Order 12866, or any successor order;
and (ii) is likely to have a significant adverse effect on the supply,
distribution, or use of energy, or (2) is designated by the
Administrator of OIRA as a significant energy action. For any proposed
significant energy action, the agency must give a detailed statement of
any adverse effects on energy supply, distribution, or use should the
proposal be implemented, and of reasonable alternatives to the action
and their expected benefits on energy supply, distribution, and use.
This proposed regulatory action is not a significant energy action.
Accordingly, DOE has not prepared a Statement of Energy Effects.
K. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any proposed rule that may affect family
well-being. This proposed rule would not have any impact on the
autonomy or integrity of the family as an institution. Accordingly, DOE
has concluded that it is not necessary to prepare a Family Policymaking
Assessment.
L. Review Under the Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516) provides for Federal agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by
OMB. OMB's guidelines were published at 67 FR 8452 (February 22, 2002),
and DOE's guidelines were published at 67 FR 62446 (October 7, 2002).
Pursuant to OMB Memorandum M-19-15, Improving Implementation of the
Information Quality Act (April 24, 2019), DOE published updated
guidelines which are available at: <a href="http://www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf">www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf</a>.
DOE has reviewed this proposed rule and will ensure that
information produced under this regulation remains consistent with the
applicable OMB and DOE guidelines.
IV. Public Participation--Submission of Comments
DOE will accept comments, data, and information regarding this
proposed rule before or no later than the date provided in the DATES
section at the beginning of this proposed rule. Interested individuals
are invited to participate in this proceeding by submitting data,
views, or arguments with respect to this proposed rule using the method
described in the ADDRESSES section at the beginning of this proposed
rule. To help the Department review the submitted comments, commenters
are requested to reference the paragraph(s), (e.g., Sec. 1008.22(d)),
to which they refer where possible.
1. Submitting comments <a href="http://www.regulations.gov">www.regulations.gov</a>. The <a href="http://www.regulations.gov">www.regulations.gov</a>
web page will require you to provide your name and contact information.
Your contact information will be viewable by DOE's Office of Privacy
Management and Compliance staff only. Your contact information will not
be publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
comment due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your comment. However,
your contact information will be publicly viewable if you include it in
the comment itself or in any documents attached to your comment. Any
information that you do not want to be publicly viewable should not be
included in your comment, nor in any document attached to your comment.
Persons viewing comments will see only
[[Page 82792]]
first and last names, organization names, correspondence containing
comments, and any documents submitted with the comments.
Do not submit to <a href="http://www.regulations.gov">www.regulations.gov</a> information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (CBI)). Comments submitted through
<a href="http://www.regulations.gov">www.regulations.gov</a> cannot be claimed as CBI. Comments received through
<a href="http://www.regulations.gov">www.regulations.gov</a> will waive any CBI claims for the information
submitted. For information on submitting CBI, see the Confidential
Business Information section.
DOE processes submissions made through <a href="http://www.regulations.gov">www.regulations.gov</a> before
posting. Normally, comments will be posted within a few days of being
submitted. However, if large volumes of comments are being processed
simultaneously, your comment may not be viewable for up to several
weeks. Please keep the comment tracking number that <a href="http://www.regulations.gov">www.regulations.gov</a>
provides after you have successfully uploaded your comment.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, that are written in English, and that are free of any
defects or viruses. Documents should not contain special characters or
any form of encryption and, if possible, they should carry the
electronic signature of the author.
2. Confidential Business Information. Pursuant to the provisions of
10 CFR 1004.11, anyone submitting information or data he or she
believes to be confidential and exempt by law from public disclosure
should submit two well-marked copies: one copy of the document marked
``CONFIDENTIAL'' including all the information believed to be
confidential, and one copy of the document marked ``NON-CONFIDENTIAL''
with the information believed to be confidential deleted. Submit these
documents via email. DOE will make its own determination as to the
confidentiality of the information and treat it according to its
determination.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
3. Campaign form letters. Please submit campaign form letters by
the originating organization in batches of between 50 to 500 form
letters per PDF or as one form letter with a list of supporters' names
compiled into one or more PDFs. This reduces comment processing and
posting time.
V. Approval by the Office of the Secretary of Energy
The Secretary of Energy has approved publication of this notice of
proposed rulemaking.
List of Subjects in 10 CFR Part 1008
Administration practice and procedure, Freedom of information,
Privacy, Reporting and recordkeeping requirements.
Signing Authority
This document of the Department of Energy was signed on November 9,
2023, by Ann Dunkin, Senior Agency Official for Privacy, pursuant to
delegated authority from the Secretary of Energy. That document with
the original signature and date is maintained by DOE. For
administrative purposes only, and in compliance with requirements of
the Office of the Federal Register, the undersigned DOE Federal
Register Liaison Officer has been authorized to sign and submit the
document in electronic format for publication, as an official document
of the Department of Energy. This administrative process in no way
alters the legal effect of this document upon publication in the
Federal Register.
Signed in Washington, DC, on November 20, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons set forth in the preamble, the Department of Energy
proposes to amend part 1008 of chapter X of title 10 of the Code of
Federal Regulations as set forth below:
PART 1008--RECORDS MAINTAINED ON INDIVIDUALS (PRIVACY ACT)
0
1. The authority citation for part 1008 continues to read as follows:
Authority: 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.; 5
U.S.C. 552a.
0
2. Amend Sec. 1008.12 by adding paragraphs (a)(2)(iii); (b)(1)(ii)(N);
(b)(2)(ii)(Q) and (b)(3)(ii)(S) to read as follows:
Sec. 1008.12 Exemptions.
(a) * * *
(2) * * *
(iii) Data Analytics Program Records (DOE-78). This System of
Records is being exempted pursuant to paragraph (j)(2) of the Act to
enable the Office of the Inspector General in the performance of its
law enforcement function. The system is exempted from paragraphs (c)(3)
and (4); (d)(1) through (4); (e)(1) through (3), (4)(G), (4)(H), and
(4)(I); (e)(5) and (8); and (g) of the Privacy Act pursuant to 5 U.S.C.
552a(j)(2). In addition, the system has been exempted from the Privacy
Act, pursuant to 5 U.S.C. 552a(k)(1), (k)(2) and (k)(5). The system is
exempt from these provisions for the following reasons: notifying an
individual at the individual's request of the existence of records in
an investigative file pertaining to such individual, or granting access
to an investigative file could:
(A) Interfere with investigative and enforcement proceedings and
with co-defendants' right to a fair trial;
(B) Disclose the identity of confidential sources and reveal
confidential information supplied by these sources; and
(C) Disclose investigative techniques and procedures.
(b) * * *
(1) * * *
(ii) * * *
(N) Data Analytics Program Records (DOE-78).
(2) * * *
(ii) * * *
(Q) Data Analytics Program Records (DOE-78).
(3) * * *
(ii) * * *
(S) Data Analytics Program Records (DOE-78).
* * * * *
[FR Doc. 2023-25982 Filed 11-24-23; 8:45 am]
BILLING CODE 6450-01-P
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</html>Indexed from Federal Register on November 27, 2023.
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