83 FR 62716 - Revision of the Agency's Privacy Act Regulations for EPA-63

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 234 (December 6, 2018)

Page Range		62716-62719
FR Document		2018-26355
The Environmental Protection Agency (EPA) is taking direct final action on revisions to the Agency's Privacy Act regulations in order to exempt a new system of records, EPA-63, the eDiscovery Enterprise Tool Suite, from certain requirements of the Privacy Act because records in EPA's eDiscovery Enterprise Tool Suite are maintained for use in civil and criminal actions. A notice has been published in the Federal Register on July 27, 2018 for the creation of this new system of records that will contain information collected using the Agency's suite of tools that search and preserve electronically stored information (ESI) in support of the Agency's eDiscovery (electronic discovery) and Freedom of Information Act processes.
Federal Register, Volume 83 Issue 234 (Thursday, December 6, 2018)
[Federal Register Volume 83, Number 234 (Thursday, December 6, 2018)]
[Rules and Regulations]
[Pages 62716-62719]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26355]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 16

[EPA-HQ-OEI-2014-0849; FRL-9941-44-OEI]


Revision of the Agency's Privacy Act Regulations for EPA-63

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action on revisions to the Agency's Privacy Act regulations in 
order to exempt a new system of records, EPA-63, the eDiscovery 
Enterprise Tool Suite, from certain requirements of the Privacy Act 
because records in EPA's eDiscovery Enterprise Tool Suite are 
maintained for use in civil and criminal actions. A notice has been 
published in the Federal Register on July 27, 2018 for the creation of 
this new system of records that will contain information collected 
using the Agency's suite of tools that search and preserve 
electronically stored information (ESI) in support of the Agency's 
eDiscovery (electronic discovery) and Freedom of Information Act 
processes.

DATES: This rule is effective on March 6, 2019 without further notice, 
unless EPA receives adverse comment by January 7, 2019. If EPA receives 
adverse comment, we will publish a timely withdrawal in the Federal 
Register informing the public that the direct final rule will not take 
effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OEI-2014-0849, at https://www.regulations.gov/. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. 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 https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Brian K. Thompson, Acting Director, 
eDiscovery Division, Office of Enterprise Information Programs, U.S. 
Environmental Protection Agency, Mail Code 2822T, 1200 Pennsylvania 
Avenue NW, Washington, DC 20460; email: [email protected]; 
telephone number: 202-564-4256.

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 the 
Federal Register, we are publishing a separate document that will serve 
as the proposed rule to exempt a new system of records, EPA-63, the 
eDiscovery Enterprise Tool Suite, 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.

II. General Information

    The EPA published a Privacy Act system of records notice for 
information collected using the eDiscovery Enterprise Tool Suite. 
Depending on the specific need, the Agency will use a combination of 
several electronic tools that together assist with the preservation, 
search, processing, review and production of electronically stored 
information (ESI). The tool suite will be used to preserve, search, 
collect, sort and review ESI including email messages, word processing 
documents, media files, spreadsheets, presentations, scanned documents 
and data sets in support of legal discovery. The Agency will also use 
these tools to search for ESI that is responsive to requests for 
information submitted under the Freedom of Information Act (FOIA), or 
other formal information requests.
    The records in EPA's eDiscovery Enterprise Tool Suite are 
maintained for use in civil and criminal actions. The Agency's system 
of records, EPA-63, is maintained by the Office of Environmental 
Information, Office of Enterprise Information Programs, eDiscovery 
Division, on behalf of Agency offices that will require use of the 
eDiscovery tool suite for both civil and criminal actions. When 
information is maintained for the purpose of civil actions, the 
relevant provision of the Privacy Act is 5 U.S.C. 552a(d)(5) which 
states ``nothing in this [Act] shall allow an individual access to any 
information compiled in reasonable anticipation of a civil action or 
proceeding.'' 5 U.S.C. 552a(d)(5).
    The system is also maintained for support of criminal enforcement 
activity by the EPA. In those cases, the system

[[Page 62717]]

is maintained on behalf of the Criminal Investigation Division, Office 
of Criminal Enforcement, Forensics, and Training, Office of Enforcement 
and Compliance Assurance--a component of EPA that performs as its 
principal function, activities pertaining to the enforcement of 
criminal laws. When information is maintained for the purpose of 
criminal cases, the relevant provision of the Privacy Act is 5 U.S.C. 
552a(j)(2), which states that the head of an agency may promulgate 
regulations to exempt the system from certain provisions of the Act if 
the system is ``maintained by an agency or component thereof which 
performs as its principal function any activity pertaining to the 
enforcement of criminal laws, including police efforts to prevent, 
control, or reduce crime or to apprehend criminals, and the activities 
of prosecutors, courts, correctional, probation, pardon, or parole 
authorities, and which consists of: (A) Information compiled for the 
purpose of identifying individual criminal offenders and alleged 
offenders and consisting only of identifying data and notations of 
arrests, the nature and disposition of criminal charges, sentencing, 
confinement, release, and parole and probation status; (B) information 
compiled for the purpose of a criminal investigation, including reports 
of informants and investigators, and associated with an identifiable 
individual; or (C) reports identifiable to an individual compiled at 
any stage of the process of enforcement of the criminal laws from 
arrest or indictment through release from supervision.'' 5 U.S.C. 
552a(j)(2). Accordingly the EPA-63 is exempt from 5 U.S.C. 552a(c)(3), 
(c)(4), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5), 
(e)(8) and (f)(2)-(f)(5) and (g):
    (1) From subsection (c)(3) because making available to a record 
subject the accounting of disclosures from records concerning him/her 
could reveal investigative interest on the part of EPA and/or the 
Department of Justice. This would permit 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. Further, making available to a record subject the accounting 
of disclosures could reveal the identity of a confidential source.
    (2) From subsection (c)(4) because no access to these records is 
available under subsection (d) of the Privacy Act.
    (3) From subsection (d) because the records contained in these 
systems 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. Amendment of the records in either of these systems 
would interfere with ongoing law enforcement proceedings and impose an 
unworkable administrative burden by requiring law enforcement 
investigations to be continuously reinvestigated.
    (4) From subsections (e)(1) and (e)(5) 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.
    (5) From subsection (e)(2) because to comply with the requirements 
of this subsection during the course of an investigation could impede 
the information gathering process, thus hampering the investigation.
    (6) From subsection (e)(3) because to comply with the requirements 
of this subsection during the course of an investigation could impede 
the information gathering process, thus hampering the investigation.
    (7) From subsections (e)(4)(G) and (H) because no access to these 
records is available under subsection (d) of the Privacy Act.
    (8) From subsection (e)(8) because complying with this provision 
could prematurely reveal an ongoing criminal investigation to the 
subject of the investigation.
    (9) From subsection (f)(2), (f)(3), (f)(4) and (f)(5) because this 
system is exempt from the access and amendment provisions of subsection 
(d).
    (10) From subsection (g) because EPA is claiming that this system 
of records is exempt from subsections (c)(3) and (4), (d), (e)(1), (2), 
(3), (4)(G) and (H), (5), and (8), and (f)(2), (3), (4) and (5) of the 
Act, the provisions of subsection (g) of the Act are inapplicable and 
are exempted to the extent that this system of records is exempted from 
those subsections of the Act.
    A final relevant provision of the Privacy Act is 5 U.S.C. 552a 
(k)(2), which states that the head of an agency may promulgate 
regulations to exempt the system from certain provisions of the Act if 
the system ``contains investigatory material compiled for law 
enforcement purposes other than material within the scope of subsection 
(j)(2)'' of 5 U.S.C. 552a. Accordingly EPA-63 is exempt from 5 U.S.C. 
552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H) and (f)(2)-(f)(5):
    (1) From subsection (c)(3) because making available to a record 
subject the accounting of disclosures from records concerning him/her 
could reveal investigative interest on the part of EPA and/or the 
Department of Justice. This would permit 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. Further, making available to a record subject the accounting 
of disclosures could reveal the identity of a confidential source.
    (2) From subsection (d) because the records contained in these 
systems 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. Amendment of the records in either of these systems 
would interfere with ongoing law enforcement proceedings and impose an 
impossible administrative burden by requiring law enforcement 
investigations to be continuously reinvestigated.
    (3) From subsection (e)(1) 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), because no access to these 
records is available under subsection (d) of the Privacy Act.
    (5) From subsection (f)(2), (f)(3), (f)(4) and (f)(5) because this 
system is exempt from the access and amendment provisions of subsection 
(d).

[[Page 62718]]

III. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is not an Executive Order 13771 regulatory action 
because this action is not significant under Executive Order 12866.

C. Paperwork Reduction Act

    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.

D. Regulatory Flexibility Act

    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.

E. Unfunded Mandates Reform Act

    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.

F. 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.

G. 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.

H. 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.

I. 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.

J. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards.

K. 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).

L. The Congressional Review Act

    This rule is exempt from the CRA because it is a rule of agency 
organization, procedure or practice that does not substantially affect 
the rights or obligations of non-agency parties.

List of Subjects in 40 CFR Part 16

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Privacy, Government employees.

    Dated: November 14, 2018.
Vaughn Noga,
Principal Deputy Assistant Administrator.

    For the reasons stated in the preamble, title 40, chapter I, part 
16 of the Code of Federal Regulations is amended 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. Adding the system number and name, EPA-63 eDiscovery Enterprise Tool 
Suite, at the end of the list in paragraph (a);
0
b. Adding paragraph (c)(4);
0
c. Revising the first two sentences of paragraph (d); and
0
d. Revising the introductory text of paragraph (e).
    The additions and revisions read as follows:


Sec.  16.11   General exemptions.

    (a) * * *
    EPA-63 eDiscovery Enterprise Tool Suite.
* * * * *
    (c) * * *
    (4) The Agency's system of records, EPA-63 system of records is 
maintained by the Office of Environmental Information, Office of 
Enterprise Information Programs, on behalf of the Criminal 
Investigation Division, Office of Criminal Enforcement, Forensics, and 
Training, a component of EPA which performs as its principal function 
activities pertaining to the enforcement of criminal laws. Authority 
for the Division's criminal law enforcement activities comes from 
Powers of Environmental Protection Agency, 18 U.S.C. 3063; 
Comprehensive Environmental Response, Compensation and Liability Act, 
42 U.S.C. 9603; Resource Conservation and Recovery Act, 42 U.S.C. 6928; 
Federal Water Pollution Control Act, 33 U.S.C. 1319, 1321; Toxic 
Substances Control Act, 15 U.S.C. 2614, 2615; Clean Air Act, 42 U.S.C. 
7413; Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. 
136j, 136l; Safe Drinking Water Act, 42 U.S.C. 300h-2, 300i-1; Noise 
Control Act of 1972, 42 U.S.C. 4912; Emergency Planning and Community 
Right-To-Know Act of 1986, 42 U.S.C. 11045; and the Marine Protection, 
Research, and Sanctuaries Act of 1972, 33 U.S.C. 1415.
    (d) Scope of Exemption. EPA systems of records 17, 40, 46 and 63 
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, 46 and 63 claimed under 5 U.S.C. 
552a(j)(2) of the Act 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), (H), and (f)(2) through (5). * * *
    (e) Reasons for exemption. EPA systems of records 17, 40, 46 and 63 
are exempted from the above provisions of the PA for the following 
reasons:
* * * * *

0
3. Amend Sec.  16.12 by:
0
a. Adding the system number and name, EPA-63 eDiscovery Enterprise Tool 
Suite, at the end of the list in paragraph (a)(1);

[[Page 62719]]

0
b. Revising the first sentence in paragraph (a)(4)(i); and
0
c. Revising the introductory text in paragraph (a)(5).
    The addition and revisions read as follows:


Sec.  16.12   Specific exemptions.

    (a) * * *
    (1) * * *
    EPA-63 eDiscovery Enterprise Tool Suite.
* * * * *
    (4) * * * (i) EPA systems of records 17, 30, 40, 41, 46 and 63 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). * * *
* * * * *
    (5) Reasons for exemption. EPA systems of records 17, 21, 30, 40, 
41, 46 and 63 are exempted from the above provisions of the PA for the 
following reasons:
* * * * *
[FR Doc. 2018-26355 Filed 12-4-18; 8:45 am]
 BILLING CODE 6560-50-P
Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Rules and Regulations 62717

is maintained on behalf of the Criminal reveal confidential informants and/or the system from certain provisions of
Investigation Division, Office of sensitive investigative techniques used the Act if the system ‘‘contains
Criminal Enforcement, Forensics, and in particular investigations, or investigatory material compiled for law
Training, Office of Enforcement and constitute unwarranted invasions of the enforcement purposes other than
Compliance Assurance—a component of personal privacy of third parties who material within the scope of subsection
EPA that performs as its principal are involved in a certain investigation. (j)(2)’’ of 5 U.S.C. 552a. Accordingly
function, activities pertaining to the Amendment of the records in either of EPA–63 is exempt from 5 U.S.C.
enforcement of criminal laws. When these systems would interfere with 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H)
information is maintained for the ongoing law enforcement proceedings and (f)(2)–(f)(5):
purpose of criminal cases, the relevant and impose an unworkable (1) From subsection (c)(3) because
provision of the Privacy Act is 5 U.S.C. administrative burden by requiring law making available to a record subject the
552a(j)(2), which states that the head of enforcement investigations to be accounting of disclosures from records
an agency may promulgate regulations continuously reinvestigated. concerning him/her could reveal
to exempt the system from certain (4) From subsections (e)(1) and (e)(5) investigative interest on the part of EPA
provisions of the Act if the system is because in the course of law and/or the Department of Justice. This
‘‘maintained by an agency or component enforcement investigations information
would permit record subjects to impede
thereof which performs as its principal may occasionally be obtained or
the investigation, e.g., destroy evidence,
function any activity pertaining to the introduced the accuracy of which is
intimidate potential witnesses, or flee
enforcement of criminal laws, including unclear or which is not strictly relevant
the area to avoid inquiries or
police efforts to prevent, control, or or necessary to a specific investigation.
apprehension by law enforcement
reduce crime or to apprehend criminals, In the interests of effective law
personnel. Further, making available to
and the activities of prosecutors, courts, enforcement, it is appropriate to retain
a record subject the accounting of
correctional, probation, pardon, or all information that may aid in
disclosures could reveal the identity of
parole authorities, and which consists establishing patterns of criminal
a confidential source.
of: (A) Information compiled for the activity. Moreover, it would impede any
purpose of identifying individual investigative process, whether civil or (2) From subsection (d) because the
criminal offenders and alleged offenders criminal, if it were necessary to assure records contained in these systems
and consisting only of identifying data the relevance, accuracy, timeliness and relate to official Federal investigations.
and notations of arrests, the nature and completeness of all information Individual access to these records could
disposition of criminal charges, obtained. compromise ongoing investigations,
sentencing, confinement, release, and (5) From subsection (e)(2) because to reveal confidential informants and/or
parole and probation status; (B) comply with the requirements of this sensitive investigative techniques used
information compiled for the purpose of subsection during the course of an in particular investigations, or
a criminal investigation, including investigation could impede the constitute unwarranted invasions of the
reports of informants and investigators, information gathering process, thus personal privacy of third parties who
and associated with an identifiable hampering the investigation. are involved in a certain investigation.
individual; or (C) reports identifiable to (6) From subsection (e)(3) because to Amendment of the records in either of
an individual compiled at any stage of comply with the requirements of this these systems would interfere with
the process of enforcement of the subsection during the course of an ongoing law enforcement proceedings
criminal laws from arrest or indictment investigation could impede the and impose an impossible
through release from supervision.’’ 5 information gathering process, thus administrative burden by requiring law
U.S.C. 552a(j)(2). Accordingly the EPA– hampering the investigation. enforcement investigations to be
63 is exempt from 5 U.S.C. 552a(c)(3), (7) From subsections (e)(4)(G) and (H) continuously reinvestigated.
(c)(4), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G), because no access to these records is (3) From subsection (e)(1) because in
(e)(4)(H), (e)(5), (e)(8) and (f)(2)–(f)(5) available under subsection (d) of the the course of law enforcement
and (g): Privacy Act. investigations information may
(1) From subsection (c)(3) because (8) From subsection (e)(8) because occasionally be obtained or introduced
making available to a record subject the complying with this provision could the accuracy of which is unclear or
accounting of disclosures from records prematurely reveal an ongoing criminal which is not strictly relevant or
concerning him/her could reveal investigation to the subject of the necessary to a specific investigation. In
investigative interest on the part of EPA investigation. the interests of effective law
and/or the Department of Justice. This (9) From subsection (f)(2), (f)(3), (f)(4) enforcement, it is appropriate to retain
would permit record subjects to impede and (f)(5) because this system is exempt all information that may aid in
the investigation, e.g., destroy evidence, from the access and amendment establishing patterns of criminal
intimidate potential witnesses, or flee provisions of subsection (d). activity. Moreover, it would impede any
the area to avoid inquiries or (10) From subsection (g) because EPA investigative process, whether civil or
apprehension by law enforcement is claiming that this system of records criminal, if it were necessary to assure
personnel. Further, making available to is exempt from subsections (c)(3) and the relevance, accuracy, timeliness and
a record subject the accounting of (4), (d), (e)(1), (2), (3), (4)(G) and (H), (5), completeness of all information
disclosures could reveal the identity of and (8), and (f)(2), (3), (4) and (5) of the obtained.
a confidential source. Act, the provisions of subsection (g) of
(2) From subsection (c)(4) because no the Act are inapplicable and are (4) From subsections (e)(4) (G) and
khammond on DSK30JT082PROD with RULES

access to these records is available exempted to the extent that this system (H), because no access to these records
under subsection (d) of the Privacy Act. of records is exempted from those is available under subsection (d) of the
(3) From subsection (d) because the subsections of the Act. Privacy Act.
records contained in these systems A final relevant provision of the (5) From subsection (f)(2), (f)(3), (f)(4)
relate to official federal investigations. Privacy Act is 5 U.S.C. 552a (k)(2), and (f)(5) because this system is exempt
Individual access to these records could which states that the head of an agency from the access and amendment
compromise ongoing investigations, may promulgate regulations to exempt provisions of subsection (d).

VerDate Sep<11>2014 16:05 Dec 04, 2018 Jkt 247001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\06DER1.SGM 06DER1
62718 Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Rules and Regulations

III. Statutory and Executive Order regulatory actions that concern ■ b. Adding paragraph (c)(4);
Reviews environmental health or safety risks that ■ c. Revising the first two sentences of
Additional information about these the EPA has reason to believe may paragraph (d); and
disproportionately affect children, per ■ d. Revising the introductory text of
statutes and Executive Orders can be
the definition of ‘‘covered regulatory paragraph (e).
found at https://www.epa.gov/laws- The additions and revisions read as
regulations/laws-and-executive-orders. action’’ in section 2–202 of the
Executive Order. This action is not follows:
A. Executive Order 12866: Regulatory subject to Executive Order 13045 § 16.11 General exemptions.
Planning and Review and Executive because it does not concern an
Order 13563: Improving Regulation and (a) * * *
environmental health risk or safety risk. EPA–63 eDiscovery Enterprise Tool
Regulatory Review
I. Executive Order 13211: Actions Suite.
This action is not a significant Concerning Regulations That * * * * *
regulatory action and was therefore not Significantly Affect Energy Supply, (c) * * *
submitted to the Office of Management Distribution, or Use (4) The Agency’s system of records,
and Budget (OMB) for review. EPA–63 system of records is maintained
This action is not subject to Executive
B. Executive Order 13771: Reducing by the Office of Environmental
Order 13211, because it is not a
Regulations and Controlling Regulatory Information, Office of Enterprise
significant regulatory action under
Costs Information Programs, on behalf of the
Executive Order 12866.
Criminal Investigation Division, Office
This action is not an Executive Order J. National Technology Transfer and of Criminal Enforcement, Forensics, and
13771 regulatory action because this Advancement Act Training, a component of EPA which
action is not significant under Executive performs as its principal function
Order 12866. This rulemaking does not involve
technical standards. activities pertaining to the enforcement
C. Paperwork Reduction Act of criminal laws. Authority for the
K. Executive Order 12898: Federal Division’s criminal law enforcement
This action does not impose an Actions To Address Environmental activities comes from Powers of
information collection burden under the Justice in Minority Populations and Environmental Protection Agency, 18
PRA. This action contains no provisions Low-Income Populations U.S.C. 3063; Comprehensive
constituting a collection of information Environmental Response, Compensation
under the PRA. The EPA believes that this action does
not have disproportionately high and and Liability Act, 42 U.S.C. 9603;
D. Regulatory Flexibility Act adverse human health or environmental Resource Conservation and Recovery
effects on minority populations, low- Act, 42 U.S.C. 6928; Federal Water
I certify that this action will not have Pollution Control Act, 33 U.S.C. 1319,
a significant economic impact on a income populations and/or indigenous
peoples, as specified in Executive Order 1321; Toxic Substances Control Act, 15
substantial number of small entities U.S.C. 2614, 2615; Clean Air Act, 42
under the RFA. This action will not 12898 (59 FR 7629, February 16, 1994).
U.S.C. 7413; Federal Insecticide,
impose any requirements on small L. The Congressional Review Act Fungicide and Rodenticide Act, 7 U.S.C.
entities. 136j, 136l; Safe Drinking Water Act, 42
This rule is exempt from the CRA
E. Unfunded Mandates Reform Act because it is a rule of agency U.S.C. 300h–2, 300i–1; Noise Control
organization, procedure or practice that Act of 1972, 42 U.S.C. 4912; Emergency
This action does not contain any
does not substantially affect the rights or Planning and Community Right-To-
unfunded mandate as described in
obligations of non-agency parties. Know Act of 1986, 42 U.S.C. 11045; and
UMRA, 2 U.S.C. 1531–1538, and does
the Marine Protection, Research, and
not significantly or uniquely affect small List of Subjects in 40 CFR Part 16 Sanctuaries Act of 1972, 33 U.S.C. 1415.
governments. (d) Scope of Exemption. EPA systems
Environmental protection,
F. Executive Order 13132 (Federalism) Administrative practice and procedure, of records 17, 40, 46 and 63 are
This action does not have federalism Confidential business information, exempted from the following provisions
implications. It will not have substantial Privacy, Government employees. of the PA: 5 U.S.C. 552a(c)(3) and (4);
direct effects on the states, on the (d); (e)(1), (2), (3), (4)(G), and (H), (5),
Dated: November 14, 2018.
relationship between the national and (8); (f)(2) through (5); and (g). To the
Vaughn Noga, extent that the exemption for EPA
government and the states, or on the Principal Deputy Assistant Administrator.
distribution of power and systems of records 17, 40, 46 and 63
responsibilities among the various For the reasons stated in the claimed under 5 U.S.C. 552a(j)(2) of the
levels of government. preamble, title 40, chapter I, part 16 of Act is held to be invalid, then an
the Code of Federal Regulations is exemption under 5 U.S.C. 552a(k)(2) is
G. Executive Order 13175: Consultation amended as follows: claimed for these systems of records
and Coordination With Indian Tribal from (c)(3), (d), (e)(1), (e)(4)(G), (H), and
Governments PART 16—IMPLEMENTATION OF (f)(2) through (5). * * *
This action does not have tribal PRIVACY ACT OF 1974 (e) Reasons for exemption. EPA
implications as specified in Executive systems of records 17, 40, 46 and 63 are
■ 1. The authority citation for part 16 exempted from the above provisions of
Order 13175. Thus, Executive Order continues to read as follows:
khammond on DSK30JT082PROD with RULES

13175 does not apply to this action. the PA for the following reasons:
Authority: 5 U.S.C. 301, 552a (as revised). * * * * *
H. Executive Order 13045: Protection of ■ 2. Amend § 16.11 by: ■ 3. Amend § 16.12 by:
Children From Environmental Health ■ a. Adding the system number and ■ a. Adding the system number and
Risks and Safety Risks name, EPA–63 eDiscovery Enterprise name, EPA–63 eDiscovery Enterprise
The EPA interprets Executive Order Tool Suite, at the end of the list in Tool Suite, at the end of the list in
13045 as applying only to those paragraph (a); paragraph (a)(1);

VerDate Sep<11>2014 16:05 Dec 04, 2018 Jkt 247001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\06DER1.SGM 06DER1
Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Rules and Regulations 62719

■ b. Revising the first sentence in ADDRESSES: The EPA has established a significantly contribute to
paragraph (a)(4)(i); and docket for this action under Docket ID nonattainment or interfere with
■ c. Revising the introductory text in No. EPA–R06–OAR–2008–0408. All maintenance of the 1997 ozone NAAQS
paragraph (a)(5). documents in the docket are listed on in any other state. This action is being
The addition and revisions read as the https://www.regulations.gov taken under section 110 of the Act.
follows: website. Although listed in the index,
III. Statutory and Executive Order
some information is not publicly
§ 16.12 Specific exemptions. Reviews
available, e.g., Confidential Business
(a) * * * Information or other information whose Under the CAA, the Administrator is
(1) * * *
disclosure is restricted by statute. required to approve a SIP submission
EPA–63 eDiscovery Enterprise Tool
Certain other material, such as that complies with the provisions of the
Suite.
copyrighted material, is not placed on Act and applicable Federal regulations.
* * * * * the internet and will be publicly 42 U.S.C. 7410(k); 40 CFR 52.02(a).
(4) * * * (i) EPA systems of records Thus, in reviewing SIP submissions, the
available only in hard copy form.
17, 30, 40, 41, 46 and 63 are exempted EPA’s role is to approve state choices,
Publicly available docket materials are
from the following provisions of the PA, provided that they meet the criteria of
available either electronically through
subject to the limitations set forth in 5 the CAA. Accordingly, this action
https://www.regulations.gov or in hard
U.S.C. 552a(k)(2): 5 U.S.C. 552a(c)(3); merely approves state law as meeting
copy at the EPA Region 6, 1445 Ross
(d); (e)(1), (4)(G) and (4)(H); and (f)(2) Federal requirements and does not
Avenue, Suite 700, Dallas, Texas 75202–
through (5). * * * impose additional requirements beyond
2733.
* * * * * those imposed by state law. For that
FOR FURTHER INFORMATION CONTACT: Carl
(5) Reasons for exemption. EPA reason, this action:
Young, 214–665–6645, young.carl@
systems of records 17, 21, 30, 40, 41, 46 • Is not a ‘‘significant regulatory
epa.gov.
and 63 are exempted from the above action’’ subject to review by the Office
provisions of the PA for the following SUPPLEMENTARY INFORMATION:
of Management and Budget under
reasons: Throughout this document ‘‘we,’’ ‘‘us,’’ Executive Orders 12866 (58 FR 51735,
* * * * * and ‘‘our’’ means the EPA. October 4, 1993) and 13563 (76 FR 3821,
[FR Doc. 2018–26355 Filed 12–4–18; 8:45 am] I. Background January 21, 2011);
BILLING CODE 6560–50–P
The background for this action is • Is not an Executive Order 13771 (82
discussed in detail in our October 3, FR 9339, February 2, 2017) regulatory
2018 proposal (83 FR 49894). In that action because SIP approvals are
ENVIRONMENTAL PROTECTION exempted under Executive Order 12866;
AGENCY document we proposed to (1) approve
the portions of the April 4, 2008 and • Does not impose an information
40 CFR Part 52 May 1, 2008 Texas SIP submittals as collection burden under the provisions
they pertain to the requirements of CAA of the Paperwork Reduction Act (44
[EPA–R06–OAR–2008–0408; FRL–9986–64– U.S.C. 3501 et seq.);
section 110(a)(2)(D)(i)(I) with respect to
Region 6]
the 1997 ozone NAAQS, and (2) find • Is certified as not having a
that the conclusion in the state’s SIP significant economic impact on a
Air Plan Approval; Texas; Interstate
submittals is consistent with EPA’s substantial number of small entities
Transport Requirements for the 1997
conclusion regarding Texas’s good under the Regulatory Flexibility Act (5
Ozone National Ambient Air Quality
neighbor obligation, that emissions from U.S.C. 601 et seq.);
Standards
Texas will not significantly contribute • Does not contain any unfunded
AGENCY: Environmental Protection to nonattainment or interfere with mandate or significantly or uniquely
Agency (EPA). maintenance of the 1997 ozone NAAQS affect small governments, as described
ACTION: Final rule. in any other state. in the Unfunded Mandates Reform Act
We did not receive any adverse of 1995 (Pub. L. 104–4);
SUMMARY: Pursuant to the Federal Clean
comments regarding our proposal. We • Does not have Federalism
Air Act (CAA or the Act), the implications as specified in Executive
received two supportive comments
Environmental Protection Agency (EPA) Order 13132 (64 FR 43255, August 10,
regarding the proposal. The first was a
is approving portions of two Texas State 1999);
comment from the Texas Commission
Implementation Plan (SIP) submittals • Is not an economically significant
on Environmental Quality which
that pertain to the good neighbor and regulatory action based on health or
supported the proposal; and the second
interstate transport requirements of the safety risks subject to Executive Order
comment was an anonymous comment
CAA with respect to the 1997 ozone 13045 (62 FR 19885, April 23, 1997);
stating general support for clean air
National Ambient Air Quality Standards • Is not a significant regulatory action
regulations. The comments are available
(NAAQS). The good neighbor provision subject to Executive Order 13211 (66 FR
in the electronic docket for this action.
requires each state, in its SIP, to prohibit 28355, May 22, 2001);
emissions that will significantly II. Final Action • Is not subject to requirements of
contribute to nonattainment, or interfere We are approving the portions of the section 12(d) of the National
with maintenance, of a NAAQS in other April 4, 2008 and May 1, 2008 Texas Technology Transfer and Advancement
states. In this action, EPA is approving SIP submittals as they pertain to the Act of 1995 (15 U.S.C. 272 note) because
khammond on DSK30JT082PROD with RULES

the Texas SIP submittals as having met requirements of CAA section application of those requirements would
the requirements of the good neighbor 110(a)(2)(D)(i)(I) with respect to the be inconsistent with the CAA; and
provision for the 1997 ozone NAAQS in 1997 ozone NAAQS. We find that the • Does not provide EPA with the
accordance with section 110 of the conclusion in the state’s SIP submittals discretionary authority to address, as
CAA. is consistent with EPA’s conclusion appropriate, disproportionate human
DATES: This rule is effective on January regarding the good neighbor obligation, health or environmental effects, using
7, 2019. that emissions from Texas will not practicable and legally permissible

VerDate Sep<11>2014 16:05 Dec 04, 2018 Jkt 247001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\06DER1.SGM 06DER1
Document Created: 2018-12-05 02:36:04
Document Modified: 2018-12-05 02:36:04
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		Rules and Regulations
Action		Direct final rule.
Dates		This rule is effective on March 6, 2019 without further notice, unless EPA receives adverse comment by January 7, 2019. If EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that the direct final rule will not take effect.
Contact		Brian K. Thompson, Acting Director, eDiscovery Division, Office of Enterprise Information Programs, U.S. Environmental Protection Agency, Mail Code 2822T, 1200 Pennsylvania Avenue NW, Washington, DC 20460; email: [email protected]; telephone number: 202-564-4256.
FR Citation		83 FR 62716
CFR Associated		Environmental Protection; Administrative Practice and Procedure; Confidential Business Information; Privacy and Government Employees