[Federal Register Volume 86, Number 215 (Wednesday, November 10, 2021)]
[Notices]
[Pages 62527-62529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24599]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9084-01-OMS]


Privacy Act of 1974; Systems of Records; Amendment to General 
Routine Uses

AGENCY: Office of Mission Support, Environmental Protection Agency 
(EPA)

ACTION: Amendment to EPA's existing Privacy Act general routine uses.

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SUMMARY: The U.S. Environmental Protection Agency's (EPA) Office of 
Mission Support is giving notice that it proposes to amend its current 
list of general routine uses for EPA systems of records in accordance 
with the provisions of the Privacy Act of 1974, as amended. The amended 
list of routine uses is consistent with requirements in a memorandum 
issued by the Office of Management and Budget (OMB) on January 3, 2017 
(Memorandum M-17-12 ``Preparing for and Responding to a Breach of 
Personally Identifiable Information''). OMB's memorandum requires that 
all Federal agencies publish two routine uses for their systems 
allowing for the disclosure of personally identifiable information to 
the appropriate parties in the course of responding to a breach or 
suspected breach of the agency's PII or to assist another agency in its 
response to a confirmed or suspected breach.

DATES: Persons wishing to comment on this routine use notice must do so 
by December 10, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OEI-2007-1144, by one of the following methods:
    Federal eRulemaking Portal: www.regulations.gov: Follow the online 
instructions for submitting comments.
    Email: [email protected]. Include the Docket ID number in the 
subject line of the message.
    Fax: (202) 566-1752.
    Mail: OMS Docket, Environmental Protection Agency, Mail code: 
2822T, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
    Hand Delivery: OMS Docket, EPA/DC, WJC West Building, Room 3334, 
1301 Constitution Ave. NW, Washington, DC 20460. Such deliveries are 
only accepted during the Docket's normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OEI-
2007-1144. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at https://www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be Controlled Unclassified Information (CUI) or other information 
for which disclosure is restricted by statute. Do not submit 
information that you consider to be CUI or otherwise protected through 
https://www.regulations.gov. The https://www.regulations.gov website is 
an ``anonymous access'' system for the EPA, which means the EPA will 
not know your identity or contact information. If you submit an 
electronic comment, the EPA recommends that you include your name and 
other contact information in the body of your comment. If the EPA 
cannot read your comment due to technical difficulties and cannot 
contact you for clarification, the EPA may not be able to consider your 
comment. If you send an email comment directly to the EPA without going 
through https://www.regulations.gov, your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the internet. 
Electronic files should avoid the use of special characters, any form 
of encryption, and be free of any defects or viruses. For additional 
information about the EPA public docket, visit the EPA Docket Center 
homepage at https://www.epa.gov/dockets.
    Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CUI or other information 
for which disclosure is restricted by statute. Certain other material, 
such as copyrighted material, will be publicly available only in hard 
copy. Publicly available docket materials are available either 
electronically in https://www.regulations.gov or in hard copy at the 
OMS Docket, EPA/DC, WJC West Building, Room 3334, 1301 Constitution 
Ave. NW, Washington, DC 20460. The Public Reading Room is normally open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the OMS Docket is (202) 566-
1752.

Temporary Hours During COVID-19

    Out of an abundance of caution for members of the public and our 
staff, the EPA Docket Center and Reading Room are closed to the public, 
with limited exceptions, to reduce the risk of transmitting COVID-19. 
Our Docket Center staff will continue to provide remote customer 
service via email, phone, and webform. We encourage the public to 
submit comments via https://www.regulations.gov or email, as there may 
be a delay in processing mail and faxes. Hand deliveries and couriers 
may be received by scheduled appointment only. For further information 
about EPA Docket Center services and the current status, please visit 
us online at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Agency Privacy Officer, MC 2831T, U.S. 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460; [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

    The Privacy Act of 1974, as amended, 5 U.S.C. 552a, governs the 
means by which the United States Government collects, maintains, and 
uses personally identifiable information (PII) in a system of records. 
A ``system of records'' is a group of any records under the control of 
a federal agency from which information about individuals is retrieved 
by name or other personal identifier. The Privacy Act requires each 
agency to publish in the Federal Register, for public notice and 
comment, a system of records notice (SORN) identifying and describing 
each system of records the agency maintains, including the purposes for 
which the

[[Page 62528]]

agency uses PII in the system and the routine uses for which the agency 
discloses such information outside the agency. As provided in OMB 
Circular A-108, ``Federal Agency Responsibilities for Review, 
Reporting, and Publication under the Privacy Act,'' agencies may 
publish all routine uses applicable to a system of records in a single 
Federal Register Notice for that system. However, an agency may publish 
a separate notice of routine uses that are applicable to many systems 
of records at the agency and then incorporate them by reference into 
the notices for specific systems to which they apply. When 
incorporating such routine uses by reference, the agency shall ensure 
that the routine use section of the SORN clearly indicates which of the 
separately published routine uses apply to the system of records and 
includes the Federal Register citation where they have been published.
    EPA has previously published twelve general routine uses (see 73 FR 
2245, published January 14, 2008). The amended list of general routine 
uses included herein reflects a non-substantive change to an existing 
EPA general routine use (see 73 FR 2245, published January 14, 2008). 
The amended general routine uses implemented by this notice reflect the 
two pieces of the existing general routine use in two parts: (a) A 
general routine use for disclosure of records in response to a breach 
or suspected breach of EPA's systems of records and (b) a general 
routine use for disclosure of records in response to a breach or 
suspected breach of another agency's systems of records.
    The amended general routine uses are compatible with the purposes 
for which the information to be disclosed under these general routine 
uses was originally collected. Individuals whose personally 
identifiable information is in EPA systems expect their information to 
be secured. Sharing their information with appropriate parties in the 
course of responding to a confirmed or suspected breach of an EPA 
system, or another agency's system, will help EPA and all Federal 
agencies protect them against potential misuse of their information by 
unauthorized persons. For the reasons above, the existing general 
routine use L is amended to reflect the guidance provided in OMB 
Memorandum M-17-12, reflected in new general routine uses L and M. 
Accordingly, the Agency's general routine uses are as follows:
    A. Disclosure for Law Enforcement Purposes: Information may be 
disclosed to the appropriate Federal, State, local, tribal, or foreign 
agency responsible for investigating, prosecuting, enforcing, or 
implementing a statute, rule, regulation, or order, if the information 
is relevant to a violation or potential violation of civil or criminal 
law or regulation within the jurisdiction of the receiving entity.
    B. Disclosure Incident to Requesting Information: Information may 
be disclosed to any source from which additional information is 
requested (to the extent necessary to identify the individual, inform 
the source of the purpose of the request, and to identify the type of 
information requested,) when necessary to obtain information relevant 
to an agency decision concerning retention of an employee or other 
personnel action (other than hiring,) retention of a security 
clearance, the letting of a contract, or the issuance or retention of a 
grant, or other benefit.
    C. Disclosure to Requesting Agency: Disclosure may be made to a 
Federal, State, local, foreign, or tribal or other public authority of 
the fact that this system of records contains information relevant to 
the retention of an employee, the retention of a security clearance, 
the letting of a contract, or the issuance or retention of a license, 
grant, or other benefit. The other agency or licensing organization may 
then make a request supported by the written consent of the individual 
for the entire record if it so chooses. No disclosure will be made 
unless the information has been determined to be sufficiently reliable 
to support a referral to another office within the agency or to another 
Federal agency for criminal, civil, administrative, personnel, or 
regulatory action.
    D. Disclosure to Office of Management and Budget: Information may 
be disclosed to the Office of Management and Budget at any stage in the 
legislative coordination and clearance process in connection with 
private relief legislation as set forth in OMB Circular No. A-19.
    E. Disclosure to Congressional Offices: Information may be 
disclosed to a congressional office from the record of an individual in 
response to an inquiry from the congressional office made at the 
request of the individual.
    F. Disclosure to Department of Justice: Information may be 
disclosed to the Department of Justice, or in a proceeding before a 
court, adjudicative body, or other administrative body before which the 
Agency is authorized to appear, when:
    1. The Agency, or any component thereof;
    2. Any employee of the Agency in his or her official capacity;
    3. Any employee of the Agency in his or her individual capacity 
where the Department of Justice or the Agency have agreed to represent 
the employee; or
    4. The United States, if the Agency determines that litigation is 
likely to affect the Agency or any of its components,
    Is a party to litigation or has an interest in such litigation, and 
the use of such records by the Department of Justice or the Agency is 
deemed by the Agency to be relevant and necessary to the litigation 
provided, however, that in each case it has been determined that the 
disclosure is compatible with the purpose for which the records were 
collected.
    G. Disclosure to the National Archives: Information may be 
disclosed to the National Archives and Records Administration in 
records management inspections.
    H. Disclosure to Contractors, Grantees, and Others: Information may 
be disclosed to contractors, grantees, consultants, or volunteers 
performing or working on a contract, service, grant, cooperative 
agreement, job, or other activity for the Agency and who have a need to 
have access to the information in the performance of their duties or 
activities for the Agency. When appropriate, recipients will be 
required to comply with the requirements of the Privacy Act of 1974 as 
provided in 5 U.S.C. 552a(m).
    I. Disclosures for Administrative Claims, Complaints and Appeals: 
Information from this system of records may be disclosed to an 
authorized appeal grievance examiner, formal complaints examiner, equal 
employment opportunity investigator, arbitrator or other person 
properly engaged in investigation or settlement of an administrative 
grievance, complaint, claim, or appeal filed by an employee, but only 
to the extent that the information is relevant and necessary to the 
proceeding. Agencies that may obtain information under this routine use 
include, but are not limited to, the Office of Personnel Management, 
Office of Special Counsel, Merit Systems Protection Board, Federal 
Labor Relations Authority, Equal Employment Opportunity Commission, and 
Office of Government Ethics.
    J. Disclosure to the Office of Personnel Management: Information 
from this system of records may be disclosed to the Office of Personnel 
Management pursuant to that agency's responsibility for evaluation and 
oversight of Federal personnel management.
    K. Disclosure in Connection With Litigation: Information from this 
system of records may be disclosed in connection with litigation or 
settlement

[[Page 62529]]

discussions regarding claims by or against the Agency, including public 
filing with a court, to the extent that disclosure of the information 
is relevant and necessary to the litigation or discussions and except 
where court orders are otherwise required under section (b)(11) of the 
Privacy Act of 1974, 5 U.S.C. 552a(b)(11).
    L. Disclosure to Persons or Entities in Response to an Actual or 
Suspected Breach of Personally Identifiable Information: To appropriate 
agencies, entities, and persons when (1) EPA suspects or has confirmed 
that there has been a breach of the system of records; (2) EPA has 
determined that as a result of the suspected or confirmed breach there 
is a risk of harm to individuals, EPA (including its information 
systems, programs, and operations), the Federal Government, or national 
security; and (3) the disclosure made to such agencies, entities, and 
persons is reasonably necessary to assist in connection with EPA's 
efforts to respond to the suspected or confirmed breach or to prevent, 
minimize, or remedy such harm.
    M. Disclosure to Assist Another Agency in Its Efforts to Respond to 
a Breach of Personally Identifiable Information: To another Federal 
agency or Federal entity, when EPA determines that information from 
this system of records is reasonably necessary to assist the recipient 
agency or entity in (1) responding to a suspected or confirmed breach 
or (2) preventing, minimizing, or remedying the risk of harm to 
individuals, the recipient agency or entity (including its information 
systems, programs, and operations), the Federal Government, or national 
security, resulting from a suspected or confirmed breach.
    HISTORY: 73 FR 2245 (January 14, 2008).

Vaughn Noga,
Senior Agency Official for Privacy.
[FR Doc. 2021-24599 Filed 11-9-21; 8:45 am]
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