Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 / Proposed Rules 77067 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 16 

[EPA–HQ–OMS–2023–0020; FRL–10620–02– 

OMS] 

Privacy Act Regulations for EPA–100 

AGENCY: Office of Inspector General, 

Environmental Protection Agency 

(EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA or Agency) is proposing to 

revise the Agency’s Privacy Act 

regulations to exempt a new system of 

records, EPA–100, OIG Data Analytics 

Enterprise, from certain requirements of 

the Privacy Act. In this rulemaking, the 

Agency proposes to exempt portions of 

this system from certain provisions of 

the Privacy Act because of law 

enforcement requirements and to avoid 

interference during the conduct of 

criminal, civil, or administrative actions 

or investigations. Additionally, EPA is 

proposing to revise the Agency’s Privacy 

Act regulations to update the names of 

systems of records with general and 

specific exemptions, change wording to 

reflect that the Office of Inspector 

General (OIG) is an independent 

component of EPA, incorporate the 

revised citation for the Inspector 

General Act of 1978 and to remove 

specific systems of record which are no 

longer exempt. 

DATES: Persons wishing to comment on 

this system of records notice must do so 

by December 8, 2023. New routine uses 

for this modified system of records will 

be effective December 8, 2023. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OMS–2023–0020, 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: 

Daniel Porter, Director, Data Analytics 

Directorate, Office of Inspector General, 

Environmental Protection Agency, 1200 

Pennsylvania Avenue NW, Washington, 

DC 20004; telephone number: 202–309– 

6449; email address: oig.data_

analytics@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Why is EPA issuing this proposed 

rule? 

The EPA proposes to revise the 

Agency’s Privacy Act regulations in 

order to exempt a new system of 

records, EPA–100, the OIG Data 

Analytics Enterprise, from certain 

requirements of the Privacy Act. The 

EPA has published a direct final rule 

exempting this system of records in the 

‘‘Rules and Regulations’’ section of this 

Federal Register because it views this as 

a noncontroversial action and 

anticipates no adverse comment. EPA 

explains its reasons for the direct final 

rule in the preamble to that rule. If EPA 

receives no adverse comment, it will not 

take further action on this proposed 

rule. 

If EPA receives adverse comment, it 

will withdraw the direct final rule and 

the rule will not take effect. EPA will 

address public comments in any 

subsequent final rule based on this 

proposed rule. EPA does 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. 

EPA is also proposing to revise the 

Agency’s Privacy Act regulations to 

update the names of systems of records 

with general and specific exemptions. 

Specifically, 40 CFR 16.11, will be 

modified to update the name of EPA–17 

from OCEFT Criminal Investigative 

Index and Files to Online Criminal 

Enforcement Activities Network 

(OCEAN) and EPA–40 from Inspector 

General’s Operation and Reporting 

(IGOR) System Investigative Files to 

Inspector General Enterprise 

Management System (IGEMS) 

Investigative Module and to add EPA– 

100 OIG Data Analytics Enterprise. 

Likewise, 40 CFR 16.12 will also be 

modified to update the names of EPA– 

17 from OCEFT Criminal Investigative 

Index and Files to Online Criminal 

Enforcement Activities Network 

(OCEAN), EPA–21 from External 

Compliance Program Discrimination 

Complaint Files to External Compliance 

Case Tracking System (EXCATS), EPA– 

30 from OIG Hotline Allegation System 

to Inspector General Enterprise 

Management System (IGEMS) Hotline 

Module and EPA–40 from Inspector 

General’s Operation and Reporting 

(IGOR) System Investigative Files to 

Inspector General Enterprise 

Management System (IGEMS) 

Investigative Module. Additionally, 

16.12 will be modified to add EPA–100 

OIG Data Analytics Enterprise and to 

remove reference to EPA–41 because the 

system of records is no longer exempt. 

II. General Information 

The EPA will use this system of 

records to develop data models and 

analyses in order to identify fraud, 

waste and abuse, and programmatic 

problems and deficiencies. This system 

of records will allow the EPA OIG to 

identify correlations between existing 

EPA data sets and other government 

agency data sets so as to identify 

patterns and correlations that indicate 

fraud and issues of program waste and 

abuse. EPA OIG will apply analytics and 

data modeling principles within this 

system of records to identify problems 

or failures in the implementation or 

performance of internal controls within 

the EPA. The records may be used in the 

course of performing audits, 

evaluations, and inspections; 

investigating individuals and entities 

suspected of criminal, civil, or 

administrative misconduct and in 

supporting related judicial and 

administrative proceedings; or in 

conducting preliminary inquiries 

undertaken to determine whether to 

commence an audit, evaluation, 

inspection, or investigation. 

The EPA compiles and maintains the 

records in the OIG Data Analytics 

Enterprise for use in criminal and civil 

investigations and actions. This system 

of records, EPA–100, is maintained by 

the Office of Inspector General. This 

component of EPA performs as its 

principal function, activities pertaining 

to the enforcement of criminal laws. 

The Privacy Act allows Federal 

agencies to exempt eligible records in a 

system of records from certain 

provisions of the Act, including those 

that provide individuals with a right to 

request access to and amendment of 

their own records. If an agency intends 

to exempt a particular system of records, 

it must first go through the rulemaking 

process pursuant to 5 U.S.C. 553(b)(1)– 

(3), (c), and (e). This proposed rule 

explains why an exemption is being 

claimed for this system of records and 


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invites public comment, which EPA 

will consider before the issuance of a 

final rule implementing the exemption. 

Under 5 U.S.C. 552a(j)(2), the head of 

any agency may exempt any system of 

records within the agency from certain 

provisions of the Privacy Act, if the 

agency or component that maintains the 

system performs as its principal 

function any activities pertaining to the 

enforcement of criminal laws. The 

Inspector General Act mandates that the 

Inspector General recommend policies 

for, and conduct, supervise, and 

coordinate activities in the Agency and 

between the Agency and other Federal, 

State, and local government agencies 

with respect to all matters relating to the 

prevention and detection of fraud in 

programs and operations administered 

or financed by the Agency, and to the 

identification and prosecution of 

participants in such fraud. Under the 

Inspector General Act, whenever the 

Inspector General has reasonable 

grounds to believe that there has been 

a violation of Federal criminal law, the 

Inspector General must report the matter 

expeditiously to the Attorney General. 

In addition to these principal functions 

pertaining to the enforcement of 

criminal laws, the Inspector General 

may receive and investigate complaints 

on information from various sources 

concerning the possible existence of 

activities constituting violations of law, 

rules, or regulations, or 

mismanagement, gross waste of funds, 

abuses of authority, or substantial and 

specific danger to the public health and 

safety. To the extent criminal law 

enforcement information is contained in 

the system as enumerated in 5 U.S.C. 

552a(j)(2), the provisions of the Privacy 

Act from which exemptions are claimed 

under 5 U.S.C. 552a(j)(2) are as follows: 

5 U.S.C. 552a(c)(3) and (4); 5 U.S.C. 

552a(d); 5 U.S.C. 552a(e)(1), (2) and (3); 

5 U.S.C. 552a(e)(4)(G) and (H); 5 U.S.C. 

552a(e)(5) and (8); 5 U.S.C. 552a(f)(2) 

through (5); and 5 U.S.C. 552a(g). 

EPA is claiming the above exemptions 

for the following reasons: 

(1) From subsection (c)(3), because 

making available to a named individual 

an accounting of disclosures of records 

concerning him/her/them could reveal 

investigative interest on the part of EPA 

and/or the Department of Justice. This 

could allow record subjects to impede 

the investigation, e.g., destroy evidence, 

intimidate potential witnesses, or flee 

the area to avoid inquiries or 

apprehension by law enforcement 

personnel. More broadly, the 

application of this provision could 

reveal the OIG’s investigative interests, 

which could compromise those 

investigative interests. Further, such a 

disclosure could reveal the identity of a 

confidential source and hamper the 

Agency’s investigation. 

(2) From subsection (c)(4), which 

concerns providing notice to others 

regarding corrections or disputed 

information in accordance with 

subsection (d) of the Privacy Act, 

because no access to these records is 

available under subsection (d) of the 

Act. 

(3) From subsection (d), which 

requires an agency to permit an 

individual to access, contest or request 

amendment of records pertaining to 

him/her/them, because the records 

contained in this system relate to 

official Federal investigations. 

Individual access to these records could 

compromise ongoing investigations, 

reveal confidential informants and/or 

sensitive investigative techniques used 

in particular investigations, or 

constitute unwarranted invasions of the 

personal privacy of third parties who 

are involved in a certain investigation. 

(4) From subsection (e)(1), which 

requires an agency to maintain only 

relevant and necessary information 

about an individual, because the 

relevance or necessity of information 

obtained in the course of a law 

enforcement investigation is not always 

known when collected. Material that 

may seem unrelated, irrelevant, or 

incomplete when collected may take on 

added meaning or significance as the 

investigation progresses. Also, in the 

interest of effective law enforcement, it 

is appropriate to retain all information 

that may aid in establishing patterns of 

criminal activity. Therefore, it would 

impede the investigative process if it 

were necessary to assure the relevance 

and necessity of all information 

obtained. 

(5) From subsection (e)(2), which 

requires an agency to collect 

information to the greatest extent 

practicable directly from the subject 

individual when the information may 

result in adverse determinations about 

the individual’s rights, benefits, or 

privileges under Federal programs. 

Application of this provision could 

impair investigations and law 

enforcement by alerting the subject of 

the investigation to the existence of the 

investigation. Further, compliance with 

the requirements of this subsection 

during the course of an investigation 

could impede the information gathering 

process or cause the destruction of 

evidence, thus hampering the 

investigation. 

(6) From subsection (e)(3), which 

requires an agency to inform those 

supplying information of its authority to 

collect the information, its plans for 

using or sharing that information, and 

the effects of not providing the 

requested information. The application 

of this provision could provide the 

subject of the investigation with 

substantial information about the nature 

of the investigation, which could 

interfere with the investigation. To 

comply with the requirements of this 

subsection during the course of an 

investigation could impede the 

information gathering process especially 

when undercover operations or 

confidential sources are used, thus 

hampering the investigation. 

(7) From subsections (e)(4)(G) and (H), 

which require an agency to publish—in 

the Federal Register—procedures 

concerning access to records, because 

no access to these records is available 

under subsection (d) of the Privacy Act, 

for the reasons explained above in the 

discussion of subsection (d). 

(8) From subsection (e)(5), which 

requires an agency to maintain its 

records with accuracy, relevance, 

timeliness, and completeness as is 

reasonably necessary to assure fairness 

to the individual, because it is not 

possible to determine in advance what 

information is accurate, relevant, timely, 

and complete. Facts are first gathered 

and then placed into a logical order to 

prove or disprove objectively the 

criminal behavior of an individual. 

Material that may seem unrelated, 

irrelevant, or incomplete when collected 

may take on added meaning or 

significance as the investigation 

progresses. The restrictions of this 

provision could interfere with the 

preparation of a complete investigative 

report, thereby impeding effective law 

enforcement. 

(9) From subsection (e)(8), which 

requires notice to an individual 

whenever a record on such individual is 

made available to others under 

compulsory legal process, because 

complying with this provision could 

prematurely reveal an ongoing criminal 

investigation to the subject of the 

investigation. 

(10) From subsections (f)(2), (f)(3), 

(f)(4) and (f)(5), concerning agency rules 

for obtaining access to records under 

subsection (d), because this system is 

exempt from the access and amendment 

provisions of subsection (d). Since EPA 

is proposing that this system of records 

be exempt from subsection (d) of the 

Act, concerning access to records, the 

requirements of subsections (f)(2) 

through (5) of the Act, concerning 

agency rules for obtaining access to such 

records, are inapplicable and are 

exempted to the extent that this system 

of records is exempted from subsection 

(d) of the Act. 


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(11) From subsection (g), which 

provides for civil remedies if an agency 

fails to comply with certain 

requirements of the Act applicable to a 

nonexempt system of records, because 

EPA is proposing 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), through 

(5) of the Act. The provisions of 

subsection (g) of the Act are 

inapplicable to the extent that this 

system of records is exempted from 

those subsections of the Act. 

The EPA also compiles and maintains 

the records in the OIG Data Analytics 

Enterprise for use in civil and 

administrative investigations and 

actions. In those cases, the system again 

is maintained by the Office of Inspector 

General. The statute at 5 U.S.C. 

552a(k)(2) states that the head of an 

agency may promulgate regulations to 

exempt the system from certain 

provisions of the Act if the system ‘‘is 

investigatory material compiled for law 

enforcement purposes, other than 

material within the scope of subsection 

(j)(2)’’ of 5 U.S.C. 552a. Accordingly, to 

the extent investigatory records are not 

covered under the exemptions in 

subsection (j)(2), the following 

provisions of the Privacy Act are exempt 

pursuant to 5 U.S.C. 552a(k)(2): 5 U.S.C. 

552a(c)(3), 5 U.S.C. 552a(d), 5 U.S.C. 

552a(e)(1), 5 U.S.C. 552a(e)(4)(G) and 

(H) and 5 U.S.C. 552a(f)(2) through (5): 

(1) From subsection (c)(3) because 

making available to named individual 

an accounting of disclosures of records 

concerning him/her/them could reveal 

investigative interest on the part of EPA 

and/or the Department of Justice. This 

could allow record subjects to impede 

the investigation, e.g., destroy evidence, 

intimidate potential witnesses, or flee 

the area to avoid inquiries or 

apprehension by law enforcement 

personnel. More broadly, the 

application of this provision could 

reveal the OIG’s investigative interests, 

which could compromise those 

investigative interests. Further, such a 

disclosure could reveal the identity of a 

confidential source and hamper the 

Agency’s investigation. 

(2) From subsection (d), which 

requires an agency to permit an 

individual to access, contest or request 

amendment of records pertaining to 

him/her/them, because the records 

contained in this system relate to 

official Federal investigations. 

Individual access to these records could 

compromise ongoing investigations, 

reveal confidential informants and/or 

sensitive investigative techniques used 

in particular investigations, or 

constitute unwarranted invasions of the 

personal privacy of third parties who 

are involved in a certain investigation. 

(3) From subsection (e)(1), which 

requires each agency to maintain only 

such information about an individual as 

is relevant and necessary to accomplish 

a purpose of the agency, because in the 

course of law enforcement 

investigations information may 

occasionally be obtained or introduced 

the accuracy of which is unclear or 

which is not strictly relevant or 

necessary to a specific investigation. In 

the interests of effective law 

enforcement, it is appropriate to retain 

all information that may aid in 

establishing patterns of criminal 

activity. Moreover, it would impede any 

investigative process, whether civil or 

criminal, if it were necessary to assure 

the relevance, accuracy, timeliness and 

completeness of all information 

obtained. 

(4) From subsections (e)(4)(G) and (H), 

which require an agency to publish—in 

the Federal Register—procedures 

concerning access to records, because 

no access to these records is available 

under subsection (d) of the Privacy Act, 

for the reasons explained above in the 

discussion of subsection (d). 

(5) From subsection (f)(2), (f)(3), (f)(4) 

and (f)(5), concerning agency rules for 

obtaining access to records under 

subsection (d), because this system is 

exempt from the access and amendment 

provisions of subsection (d). Since EPA 

is proposing to determine that this 

system of records is exempt from 

subsection (d) of the Act, concerning 

access to records, the requirements of 

subsections (f)(2) through (5) of the Act, 

concerning agency rules for obtaining 

access to such records, are inapplicable 

and are exempted to the extent that this 

system of records is exempted from 

subsection (d) of the Act. 

The EPA also compiles and maintains 

the records in the OIG Data Analytics 

Enterprise, EPA–100, for the purpose of 

determining suitability, eligibility, or 

qualifications for Federal civilian 

employment, military service, Federal 

contracts, or access to classified 

information. In those cases, the system 

again is maintained by the Office of 

Inspector General. 5 U.S.C. 552a(k)(5) 

states that the head of any agency may 

by rule exempt any system of records 

within the agency from certain 

provisions of the Privacy Act, if the 

system of records is investigatory 

material compiled solely for the purpose 

of determining suitability, eligibility, or 

qualifications for Federal civilian 

employment, military service, Federal 

contracts, or access to classified 

information, but only to the extent that 

the disclosure of such material would 

reveal the identity of a source who 

furnished information to the 

Government under an express promise 

that the identity of the source would be 

held in confidence. Accordingly, to the 

extent any records would disclose 

source-identifying information, all such 

information in the OIG Data Analytics 

Enterprise, EPA–100, are exempt from 5 

U.S.C. 552a(c)(3) and 5 U.S.C. 552a(d): 

(1) From subsection (c)(3) because 

making available to named individual 

an accounting of disclosures of records 

concerning him/her/them could reveal 

investigative interest on the part of EPA 

and/or the Department of Justice. This 

could allow record subjects to impede 

the investigation, e.g., destroy evidence, 

intimidate potential witnesses, or flee 

the area to avoid inquiries or 

apprehension by law enforcement 

personnel. More broadly, the 

application of this provision could 

reveal the OIG’s investigative interests, 

which could compromise those 

investigative interests. Further, such a 

disclosure could reveal the identity of a 

confidential source and hamper the 

Agency’s investigation. 

(2) From subsection (d), which 

requires an agency to permit an 

individual to access, contest or request 

amendment of records pertaining to 

him/her/them, because the records 

contained in this system relate to 

official Federal investigations. 

Individual access to these records could 

compromise ongoing investigations, 

reveal confidential informants and/or 

sensitive investigative techniques used 

in particular investigations, or 

constitute unwarranted invasions of the 

personal privacy of third parties who 

are involved in a certain investigation. 

III. Statutory and Executive Orders 

Reviews 

Additional information about these 

statutes and Executive orders can be 

found at https://www.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action was submitted to the 

Office of Management and Budget 

(OMB) for review and reviewed without 

comment. 

B. Paperwork Reduction Act (PRA) 

This action does not impose an 

information collection burden under the 

PRA. This action contains no provisions 

constituting a collection of information 

under the PRA. 


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C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. This action will not 

impose any requirements on small 

entities. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. 

E. Executive Order 13132 (Federalism) 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the National 

Government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175. Thus, Executive Order 

13175 does not apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern 

environmental health or safety risks that 

the EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive order. This action is not 

subject to Executive Order 13045 

because it does not concern an 

environmental health risk or safety risk. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA believes that this action does 

not have disproportionately high and 

adverse human health or environmental 

effects on minority populations, lowincome populations and/or indigenous 

peoples, as specified in Executive Order 

12898 (59 FR 7629, February 16, 1994). 

List of Subjects in 40 CFR Part 16 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Government employees, Privacy. 

Kimberly Y. Patrick, 

Principal Deputy Assistant Administrator, 

Office of Mission Support. 

For the reasons set forth in the 

preamble, EPA proposes to amend 40 

CFR part 16 as follows: 

PART 16—IMPLEMENTATION OF 

PRIVACY ACT OF 1974 

■ 1. The authority citation for part 16 

continues to read as follows: 

Authority: 5 U.S.C. 301, 552a (as revised). 

■ 2. Amend § 16.11 by: 

■ a. Revising paragraphs (a) and (c)(2); 

■ b. Adding paragraph (c)(6); and 

■ c. Revising paragraphs (d) and the 

introductory text of paragraph (e); 

The revisions and addition read as 

follows: 

§ 16.11 General exemptions. 

(a) Systems of records affected. (1) 

EPA–17 Online Criminal Enforcement 

Activities Network (OCEAN). 

(2) EPA–40 Inspector General 

Enterprise Management System (IGEMS) 

Investigative Module. 

(3) EPA–63 eDiscovery Enterprise 

Tool Suite. 

(4) EPA–79 NEIC Master Tracking 

System. 

(5) EPA–100 OIG Data Analytics 

Enterprise. 

* * * * * 

(c) * * * 

(2) The Agency’s system of records, 

EPA–40 is maintained by the Office of 

Inspector General (OIG), an independent 

component of EPA that performs as its 

principal function activities pertaining 

to the enforcement of criminal laws. 

Authority for the criminal law 

enforcement activities of the OIG’s 

Office of Investigations is the Inspector 

General Act of 1978, as amended, 5 

U.S.C. 401–424. 

* * * * * 

(6) The Agency’s system of records, 

EPA–100 system of records is 

maintained by the Office of Inspector 

General, an independent component of 

EPA which performs as its principal 

function activities pertaining to the 

enforcement of criminal laws. Authority 

for the criminal law enforcement 

activities of the Office of Inspector 

General is the Inspector General Act of 

1978, as amended, 5 U.S.C. 401–424. 

(d) Scope of exemption. EPA systems 

of records 17, 40, 63, 79, and 100 are 

exempted from the following provisions 

of the PA: 5 U.S.C. 552a(c)(3) and (4); 

(d); (e)(1), (2), (3), (4)(G), and (H), (5), 

and (8); (f)(2) through (5); and (g). To the 

extent that the exemption for EPA 

systems of records 17, 40, 63, 79 and 

100 claimed under 5 U.S.C. 552a(j)(2) is 

held to be invalid, then an exemption 

under 5 U.S.C. 552a(k)(2) is claimed for 

these systems of records from (c)(3), (d), 

(e)(1), (e)(4)(G) and (H), and (f)(2) 

through (5). For Agency’s system of 

records, EPA system 40, an exemption 

is separately claimed under 5 U.S.C. 

552(k)(5) from (c)(3), (d), (e)(1), (e)(4)(G), 

(4)(H), and (f)(2) through (5). For 

Agency’s system of records, EPA system 

100, an exemption is separately claimed 

under 5 U.S.C. 552(k)(5) from (c)(3) and 

(d). 

(e) Reasons for exemption. EPA 

systems of records 17, 40, 63, 79, and 

100 are exempted from the provisions of 

the PA in paragraph (d) of this section 

for the following reasons: 

* * * * * 

■ 3. Amend § 16.12 by revising 

paragraph (a)(1), the first sentence in 

paragraph (a)(4)(i), paragraph (a)(4)(iii), 

the introductory text of paragraph (a)(5), 

paragraphs (b)(1) and (4), and the 

introductory text of paragraph (b)(5) to 

read as follows: 

§ 16.12 Specific exemptions. 

(a) * * * 

(1) Systems of records affected. (i) 

EPA–17 Online Criminal Enforcement 

Activities Network (OCEAN). 

(ii) EPA–21 External Compliance Case 

Tracking System (EXCATS). 

(iii) EPA–30 Inspector General 

Enterprise Management System (IGEMS) 

Hotline Module. 

(iv) EPA–40 Inspector General 

Enterprise Management System (IGEMS) 

Investigative Module. 

(v) EPA–63 eDiscovery Enterprise 

Tool Suite. 

(vi) EPA–79 NEIC Master Tracking 

System. 

(vii) EPA–100 OIG Data Analytics 

Enterprise. 

* * * * * 

(4) * * * 

(i) EPA systems of records 17, 30, 40, 

63, 79, and 100 are exempted from the 


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following provisions of the PA, subject 

to the limitations set forth in 5 U.S.C. 

552a(k)(2): 5 U.S.C. 552a(c)(3); (d); 

(e)(1), (4)(G) and (4)(H); and (f)(2) 

through (5). * * * 

* * * * * 

(iii) EPA–17 Online Criminal 

Enforcement Activities Network 

(OCEAN), EPA–40 Inspector General 

Enterprise Management System (IGEMS) 

Investigative Module, EPA–79 NEIC 

Master Tracking System, and EPA–100 

OIG Data Analytics Enterprise are 

exempted under 5 U.S.C. 552a(j)(2), and 

these systems are exempted under 5 

U.S.C. 552a(k)(2) only to the extent that 

the (j)(2) exemption is held to be 

invalid. 

(5) Reasons for exemption. EPA 

systems of records 17, 21, 30, 40, 63, 79, 

and 100 are exempted from the 

provisions of the PA in paragraph (a)(4) 

of this section for the following reasons: 

* * * * * 

(b) * * * 

(1) Systems of records affected. (i) 

EPA 36 Research Grant, Cooperative 

Agreement, and Fellowship Application 

Files. 

(ii) EPA 40 Inspector General 

Enterprise Management System (IGEMS) 

Investigative Module. 

(iii) EPA 100 OIG Data Analytics 

Enterprise. 

* * * * * 

(4) Scope of exemption. (i) EPA 36 

and 100 are exempted from 5 U.S.C. 

552a(c)(3) and (d). EPA 40 is exempted 

from the following provisions of the PA, 

subject to the limitations of 5 U.S.C. 

552a(k)(5); 5 U.S.C. 552a(c)(3); (d); 

(e)(1), (4)(H); and (f)(2) through (5). 

(ii) To the extent that records in EPA 

40 and 100 reveal a violation or 

potential violation of law, then an 

exemption under 5 U.S.C. 552a(k)(2) is 

also claimed for these records. EPA 40 

and 100 are also exempt under 5 U.S.C. 

552a(j)(2). 

(5) Reasons for exemption. EPA 36, 

40, and 100 are exempted from the 

above provisions of the PA for the 

following reasons: 

* * * * * 

[FR Doc. 2023–24232 Filed 11–7–23; 8:45 am] 

BILLING CODE 6560–50–P 


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