83 FR 62757 - 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		62757-62760
FR Document		2018-26214
The Environmental Protection Agency (EPA) is proposing 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. In the ``Rules and Regulations'' section of this Federal Register, we are simultaneously publishing the Revision of the Agency's Privacy Act Regulations for EPA-63 as a direct final rule without a prior proposed rule. If we receive no adverse comment, we will not take further action on this proposed rule.
Federal Register, Volume 83 Issue 234 (Thursday, December 6, 2018)
[Federal Register Volume 83, Number 234 (Thursday, December 6, 2018)]
[Proposed Rules]
[Pages 62757-62760]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26214]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 16

[EPA-HQ-OEI-2014-0849; FRL-9941-43-OEI]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing 
revisions to

[[Page 62758]]

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. In the ``Rules and Regulations'' section of 
this Federal Register, we are simultaneously publishing the Revision of 
the Agency's Privacy Act Regulations for EPA-63 as a direct final rule 
without a prior proposed rule. If we receive no adverse comment, we 
will not take further action on this proposed rule.

DATES: Comments must be received on or before January 7, 2019.

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 issuing this proposed rule?

    This document proposes to revise 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. We have published a direct final rule making this revision 
in the ``Rules and Regulations'' section of this Federal Register 
because we view this as a noncontroversial action and anticipate no 
adverse comment. We have explained our reasons for this action in the 
preamble to the direct final rule.
    If we receive no adverse comment, we will not take further action 
on this proposed rule. If we receive adverse comment, we will withdraw 
the direct final rule and it will not take effect. We would address all 
public comments in any subsequent final rule based on this proposed 
rule. We do not intend to institute a second comment period on this 
action. Any parties interested in commenting must do so at this time. 
For further information, please see the information provided in the 
ADDRESSES section of this document.

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 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 is proposing to exempt EPA-63 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.

[[Page 62759]]

    (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).

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 expected to be 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.

[[Page 62760]]

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).

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 proposed to be 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);
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. 2018-26214 Filed 12-4-18; 8:45 am]
 BILLING CODE 6560-50-P
Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Proposed Rules 62757

(9) Proceed south in a straight line for (22) Proceed east along Fort Ross terminus, Cañada de Pogolimi land
0.6 mile to the intersection of Soda Road for approximately 262 feet to the grant, T6N/R9W; then
Springs Road and the eastern boundary intersection of the road with the middle (33) Proceed northwest in a straight
of section 7, T10N/R13W; then branch of Russian Gulch Creek in line for 0.1 mile to the marked 448-foot
(10) Proceed in a straight line section 23, T8N/R12W; then summit of an unnamed hilltop, Cañada
southeast for 1.6 miles to the (23) Proceed south along the middle de Pogolimi land grant, T6N/R10W;
intersection of the eastern boundary of branch of Russian Gulch Creek for 1.2 then
section 17, T10N/R13W, and the 800- miles to the intersection with the 920- (34) Proceed northwest in a straight
foot elevation contour; then foot elevation contour in section 26, line for 0.6 mile to the 61-foot
(11) Proceed southeast along the 800- T8N/R12W; then benchmark along an unnamed
foot elevation contour for 2.6 miles to its (24) Proceed southeast in a straight secondary highway known locally as
intersection with an unnamed, line east for 2 miles, crossing onto the Freestone Valley Ford Road, Cañada de
unimproved road near the 862-foot Cazadero map, to the summit of Pole Pogolimi land grant, T6N/R10W; then
benchmark in section 21, T10N/R13W; Mountain in section 30, T8N/R11W; (35) Proceed west-northwest in a
then then straight line for 0.8 mile to VABM 724
(12) Proceed southeast in a straight (25) Proceed southeast in a straight in the Estero Americano land grant,
line for 0.2 mile to the intersection of line for 4.7 miles, crossing onto the T6N/R10W; then
the 600-foot elevation contour and an (36) Proceed west in a straight line for
Duncans Mills map, to the confluence of
intermittent stream in section 28, T10N/ 1.0 mile to the intersection of Salmon
Austin Creek and the Russian River,
R13W; then Creek and an intermittent stream, Estero
T7N/R11W; then
(13) Proceed south along the 600-foot Americano land grant, T6N/R10W; then
(26) Proceed generally east (upstream) (37) Proceed west (downstream) along
elevation contour for 1.7 miles to its along the Russian River for 3.1 miles to
intersection with the eastern boundary Salmon Creek for 9.6 miles, crossing
the intersection of the Russian River and onto the Bodega Head map, to the
of section 33, T10N/R13W; then the Bohemian Highway in section 7,
(14) Proceed southeast in a straight mouth of the creek at the Pacific Ocean;
T7N/R10W; then then
line for 0.5 mile to the intersection of an (27) Proceed southeast along the
unnamed light-duty road known locally (38) Proceed north along the Pacific
Bohemian Highway for a total of 10.1 coastline for 51.4 miles, crossing over
as Skaggs Springs Road and an miles, crossing onto the Camp Meeker
unnamed, unimproved road known the Duncan Mills, Arched Rock, Fort
map and through the towns of Camp Ross, Plantation, and Stewarts Point
locally as Skyline Road, near the Meeker and Occidental, then crossing
Mendosoma Fire Station in section 34, maps and onto the Gualala map to the
onto the Valley Ford map and through intersection of the coastline with the
T10N/R13W; then the town of Freestone, to the
(15) Proceed southeast along the Sonoma County/Mendocino County
intersection of the Bohemian Highway line; then
unnamed, unimproved road (Skyline
and an unnamed medium-duty road (39) Proceed east along the Sonoma
Road) for total of 5.9 miles as it follows
known locally as Bodega Road near County/Mendocino County line for 5.6
Skyline Ridge and crosses onto the
benchmark (BM) 214 in section 12, miles, crossing onto the McGuire Ridge
Tombs Creek map, back onto the
T6N/R10W; then map, and returning to the beginning
Annapolis map, then back on to the
(28) Proceed northeast along Bodega point, T11N, R14W.
Tombs Creek map, to the intersection of
Road for 0.9 mile, crossing onto the Signed: July 27, 2018.
the road with the 1,200-foot elevation
Camp Meeker map, to the intersection of
contour in section 13, T9N/R13W; then John J. Manfreda,
(16) Proceed southeast along the the road with an unnamed light-duty
Administrator.
1,200-foot elevation contour for 0.6 mile road known locally as Barnett Valley
Approved: November 13, 2018.
to the intersection with Allen Creek in Road north of the marked 486-foot
elevation point in the Cañada de Jonive Timothy E. Skud,
section 18, T9N/R12W; then Deputy Assistant Secretary (Tax, Trade, and
(17) Proceed north along Allen Creek land grant, T6N/R10W; then
(29) Proceed south then east along Tariff Policy).
for 0.2 mile to the intersection with the
920-foot elevation contour in section 18, Barnett Valley Road for 2.2 miles, Editorial note: This document was
T9N/R12W; then crossing onto the Valley Ford map and received for publication by the Office of the
(18) Proceed east and then southeast then onto the Two Rock map, to the Federal Register on November 29, 2018.
intersection of Bennett Valley Road with [FR Doc. 2018–26321 Filed 12–4–18; 8:45 am]
along the meandering 920-foot elevation
contour, crossing onto the Fort Ross Burnside Road in section 17, T6N/R9W; BILLING CODE 4810–31–P

map, then onto the Tombs Creek map, then
and then back onto the Fort Ross map, (30) Proceed southeast along Burnside
to the intersection of the elevation Road for 3.2 miles to its intersection ENVIRONMENTAL PROTECTION
contour with Jim Creek in section 21, with the 400-foot elevation contour just AGENCY
T9N/R12W; then north of an unnamed light duty road
known locally as Bloomfield Road in 40 CFR Part 16
(19) Proceed southeast along Jim
Creek for 0.7 mile to the intersection of the Cañada de Pogolimi land grant, [EPA–HQ–OEI–2014–0849; FRL–9941–43–
the creek with the northern boundary of T5N/R9W; then OEI]
section 27, T9N, R12W, then (31) Proceed west along the 400-foot
khammond on DSK30JT082PROD with PROPOSAL

(20) Proceed east along the northern elevation contour for 6.7 miles, crossing Revision of the Agency’s Privacy Act
boundary of section 27 for 0.5 mile to onto the Valley Ford map, to the Regulations for EPA–63
the northeast corner of section 27; then intersection of the elevation contour AGENCY: Environmental Protection
(21) Proceed south along the eastern with an unimproved road, Cañada de Agency (EPA).
boundaries of sections 27, 34, 3, 7, 15, Pogolimi land grant, T6N/R9W; then ACTION: Proposed rule.
and 22 for 5.1 miles to the intersection (32) Proceed northwest then
of the eastern boundary of section 22 southwest along the unnamed, SUMMARY: The Environmental Protection
and Fort Ross Road, T8N/R12W; then unimproved road for 0.9 mile to its Agency (EPA) is proposing revisions to

VerDate Sep<11>2014 18:35 Dec 04, 2018 Jkt 247001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\06DEP1.SGM 06DEP1
Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Proposed Rules 62759

(2) From subsection (c)(4) because no the Act are inapplicable and are is available under subsection (d) of the
access to these records is available exempted to the extent that this system Privacy Act.
under subsection (d) of the Privacy Act. of records is exempted from those (5) From subsection (f)(2), (f)(3), (f)(4)
(3) From subsection (d) because the subsections of the Act. and (f)(5) because this system is exempt
records contained in these systems A final relevant provision of the from the access and amendment
relate to official federal investigations. Privacy Act is 5 U.S.C. 552a(k)(2), provisions of subsection (d).
Individual access to these records could which states that the head of an agency
III. Statutory and Executive Order
compromise ongoing investigations, may promulgate regulations to exempt
Reviews
reveal confidential informants and/or the system from certain provisions of
sensitive investigative techniques used the Act if the system ‘‘contains Additional information about these
in particular investigations, or investigatory material compiled for law statutes and Executive Orders can be
constitute unwarranted invasions of the enforcement purposes other than found at https://www.epa.gov/laws-
personal privacy of third parties who material within the scope of subsection regulations/laws-and-executive-orders.
are involved in a certain investigation. (j)(2)’’ of 5 U.S.C. 552a. Accordingly A. Executive Order 12866: Regulatory
Amendment of the records in either of EPA–63 is exempt from 5 U.S.C. Planning and Review and Executive
these systems would interfere with 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H) Order 13563: Improving Regulation and
ongoing law enforcement proceedings and (f)(2)–(f)(5): Regulatory Review
and impose an unworkable (1) From subsection (c)(3) because
administrative burden by requiring law making available to a record subject the This action is not a significant
enforcement investigations to be accounting of disclosures from records regulatory action and was therefore not
continuously reinvestigated. concerning him/her could reveal submitted to the Office of Management
(4) From subsections (e)(1) and (e)(5) investigative interest on the part of EPA and Budget (OMB) for review.
because in the course of law and/or the Department of Justice. This B. Executive Order 13771: Reducing
enforcement investigations information would permit record subjects to impede Regulations and Controlling Regulatory
may occasionally be obtained or the investigation, e.g., destroy evidence, Costs
introduced the accuracy of which is intimidate potential witnesses, or flee
the area to avoid inquiries or This action is not expected to be an
unclear or which is not strictly relevant
apprehension by law enforcement Executive Order 13771 regulatory action
or necessary to a specific investigation.
personnel. Further, making available to because this action is not significant
In the interests of effective law
a record subject the accounting of under Executive Order 12866.
enforcement, it is appropriate to retain
all information that may aid in disclosures could reveal the identity of C. Paperwork Reduction Act
establishing patterns of criminal a confidential source. This action does not impose an
activity. Moreover, it would impede any (2) From subsection (d) because the
information collection burden under the
investigative process, whether civil or records contained in these systems
PRA. This action contains no provisions
criminal, if it were necessary to assure relate to official Federal investigations.
Individual access to these records could constituting a collection of information
the relevance, accuracy, timeliness and under the PRA.
completeness of all information compromise ongoing investigations,
obtained. reveal confidential informants and/or D. Regulatory Flexibility Act
(5) From subsection (e)(2) because to sensitive investigative techniques used I certify that this action will not have
comply with the requirements of this in particular investigations, or a significant economic impact on a
subsection during the course of an constitute unwarranted invasions of the substantial number of small entities
investigation could impede the personal privacy of third parties who under the RFA. This action will not
information gathering process, thus are involved in a certain investigation. impose any requirements on small
hampering the investigation. Amendment of the records in either of entities.
(6) From subsection (e)(3) because to these systems would interfere with
comply with the requirements of this ongoing law enforcement proceedings E. Unfunded Mandates Reform Act
subsection during the course of an and impose an impossible This action does not contain any
investigation could impede the administrative burden by requiring law unfunded mandate as described in
information gathering process, thus enforcement investigations to be UMRA, 2 U.S.C. 1531–1538, and does
hampering the investigation. continuously reinvestigated. not significantly or uniquely affect small
(7) From subsections (e)(4)(G) and (H) (3) From subsection (e)(1) because in governments.
because no access to these records is the course of law enforcement
available under subsection (d) of the investigations information may F. Executive Order 13132 (Federalism)
Privacy Act. occasionally be obtained or introduced This action does not have federalism
(8) From subsection (e)(8) because the accuracy of which is unclear or implications. It will not have substantial
complying with this provision could which is not strictly relevant or direct effects on the states, on the
prematurely reveal an ongoing criminal necessary to a specific investigation. In relationship between the national
investigation to the subject of the the interests of effective law government and the states, or on the
investigation. enforcement, it is appropriate to retain distribution of power and
(9) From subsection (f)(2), (f)(3), (f)(4) all information that may aid in responsibilities among the various
and (f)(5) because this system is exempt establishing patterns of criminal levels of government.
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from the access and amendment activity. Moreover, it would impede any
provisions of subsection (d). investigative process, whether civil or G. Executive Order 13175: Consultation
(10) From subsection (g) because EPA criminal, if it were necessary to assure and Coordination With Indian Tribal
is claiming that this system of records the relevance, accuracy, timeliness and Governments
is exempt from subsections (c)(3) and completeness of all information This action does not have tribal
(4), (d), (e)(1), (2), (3), (4)(G) and (H), (5), obtained. implications as specified in Executive
and (8), and (f)(2), (3), (4) and (5) of the (4) From subsections (e)(4) (G) and Order 13175. Thus, Executive Order
Act, the provisions of subsection (g) of (H), because no access to these records 13175 does not apply to this action.

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62760 Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Proposed Rules

H. Executive Order 13045: Protection of ■ c. Revising the first two sentences of ■ b. Revising the first sentence in
Children From Environmental Health paragraph (d); and paragraph (a)(4)(i); and
Risks and Safety Risks ■ d. Revising the introductory text of ■ c. Revising the introductory text in

The EPA interprets Executive Order paragraph (e). paragraph (a)(5).
13045 as applying only to those The additions and revisions read as The addition and revisions read as
regulatory actions that concern follows: follows:
environmental health or safety risks that § 16.11 General exemptions. § 16.12 Specific exemptions.
the EPA has reason to believe may (a) * * * (a) * * *
disproportionately affect children, per EPA–63 eDiscovery Enterprise Tool (1) * * *
the definition of ‘‘covered regulatory Suite. EPA–63 eDiscovery Enterprise Tool
action’’ in section 2–202 of the Suite.
Executive Order. This action is not * * * * *
subject to Executive Order 13045 (c) * * * * * * * *
because it does not concern an (4) The Agency’s system of records, (4) * * * (i) EPA systems of records
environmental health risk or safety risk. EPA–63 system of records is maintained 17, 30, 40, 41, 46 and 63 are exempted
by the Office of Environmental from the following provisions of the PA,
I. Executive Order 13211: Actions Information, Office of Enterprise subject to the limitations set forth in 5
Concerning Regulations That Information Programs, on behalf of the U.S.C. 552a(k)(2): 5 U.S.C. 552a(c)(3);
Significantly Affect Energy Supply, Criminal Investigation Division, Office (d); (e)(1), (4)(G) and (4)(H); and (f)(2)
Distribution, or Use of Criminal Enforcement, Forensics, and through (5). * * *
This action is not subject to Executive Training, a component of EPA which * * * * *
Order 13211, because it is not a performs as its principal function (5) Reasons for exemption. EPA
significant regulatory action under activities pertaining to the enforcement systems of records 17, 21, 30, 40, 41, 46
Executive Order 12866. of criminal laws. Authority for the and 63 are exempted from the above
Division’s criminal law enforcement provisions of the PA for the following
J. National Technology Transfer and activities comes from Powers of reasons:
Advancement Act Environmental Protection Agency, 18 * * * * *
This rulemaking does not involve U.S.C. 3063; Comprehensive [FR Doc. 2018–26214 Filed 12–4–18; 8:45 am]
technical standards. Environmental Response, Compensation BILLING CODE 6560–50–P
and Liability Act, 42 U.S.C. 9603;
K. Executive Order 12898: Federal Resource Conservation and Recovery
Actions To Address Environmental Act, 42 U.S.C. 6928; Federal Water ENVIRONMENTAL PROTECTION
Justice in Minority Populations and Pollution Control Act, 33 U.S.C. 1319, AGENCY
Low-Income Populations 1321; Toxic Substances Control Act, 15
The EPA believes that this action does U.S.C. 2614, 2615; Clean Air Act, 42 40 CFR Part 26
not have disproportionately high and U.S.C. 7413; Federal Insecticide,
[EPA–HQ–ORD–2018–0280; FRL–9987–01–
adverse human health or environmental Fungicide and Rodenticide Act, 7 U.S.C. ORD]
effects on minority populations, low- 136j, 136l; Safe Drinking Water Act, 42
income populations and/or indigenous U.S.C. 300h–2, 300i–1; Noise Control RIN 2080–AA13
peoples, as specified in Executive Order Act of 1972, 42 U.S.C. 4912; Emergency
12898 (59 FR 7629, February 16, 1994). Planning and Community Right-To- Protection of Human Research
Know Act of 1986, 42 U.S.C. 11045; and Subjects
List of Subjects in 40 CFR Part 16 the Marine Protection, Research, and AGENCY: Environmental Protection
Environmental protection, Sanctuaries Act of 1972, 33 U.S.C. 1415. Agency (EPA).
Administrative practice and procedure, (d) Scope of Exemption. EPA systems
ACTION: Proposed rule.
Confidential business information, of records 17, 40, 46 and 63 are
Privacy, Government employees. exempted from the following provisions SUMMARY: On January 19, 2017, the
Dated: November 14, 2018. of the PA: 5 U.S.C. 552a(c)(3) and (4); Environmental Protection Agency
Vaughn Noga,
(d); (e)(1), (2), (3), (4)(G), and (H), (5), (EPA), acting in concert with other
and (8); (f)(2) through (5); and (g). To the agencies, promulgated revisions to the
Principal Deputy Assistant Administrator.
extent that the exemption for EPA ‘‘Common Rule,’’ which is based on
For the reasons stated in the systems of records 17, 40, 46 and 63 regulations for the protection of human
preamble, title 40, chapter I, part 16 of claimed under 5 U.S.C. 552a(j)(2) of the research subjects originally promulgated
the Code of Federal Regulations is Act is held to be invalid, then an by the Department of Health and Human
proposed to be amended as follows: exemption under 5 U.S.C. 552a(k)(2) is Services (HHS) that were then revised
claimed for these systems of records and jointly adopted by multiple
PART 16—IMPLEMENTATION OF from (c)(3), (d), (e)(1), (e)(4)(G), (H), and departments and agencies that conduct
PRIVACY ACT OF 1974 (f)(2) through (5). * * * or support research involving human
(e) Reasons for exemption. EPA subjects. EPA’s codification of these
■ 1. The authority citation for part 16
systems of records 17, 40, 46 and 63 are revisions is in 40 CFR part 26, subpart
continues to read as follows:
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exempted from the above provisions of A. These revisions will go into effect on
Authority: 5 U.S.C. 301, 552a (as revised). the PA for the following reasons: January 21, 2019. In addition to the core
■ 2. Amend § 16.11 by: * * * * * protections found in the Common Rule,
■ a. Adding the system number and ■ 3. Amend § 16.12 by: EPA has promulgated regulations that
name, EPA–63 eDiscovery Enterprise ■ a. Adding the system number and are specific to research involving human
Tool Suite, at the end of the list in name, EPA–63 eDiscovery Enterprise subjects conducted or sponsored by EPA
paragraph (a); Tool Suite, at the end of the list in or submitted to EPA for regulatory
■ b. Adding paragraph (c)(4); paragraph (a)(1); purposes. The revisions to the Common

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Document Created: 2018-12-05 02:35:58
Document Modified: 2018-12-05 02:35:58
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		Proposed Rules
Action		Proposed rule.
Dates		Comments must be received on or before January 7, 2019.
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 62757
CFR Associated		Environmental Protection; Administrative Practice and Procedure; Confidential Business Information; Privacy and Government Employees