[Federal Register Volume 88, Number 215 (Wednesday, November 8, 2023)]
[Rules and Regulations]
[Pages 76999-77004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24233]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 16

[EPA-HQ-OMS-2023-0020; FRL-10620-03-OMS]


Privacy Act Regulations for EPA-100

AGENCY: Office of Inspector General, Environmental Protection Agency 
(EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action 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 
exempts 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 taking direct final action to 
revise the

[[Page 77000]]

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: This rule is effective on February 6, 2024 without further 
notice, unless EPA receives adverse comment by December 8, 2023. If EPA 
receives adverse comment, we will publish a timely withdrawal in the 
Federal Register informing the public that the rule will not take 
effect.

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: 
<a href="/cdn-cgi/l/email-protection#deb1b7b9f0babfaabf81bfb0bfb2a7aab7bdad9ebbaebff0b9b1a8"><span class="__cf_email__" data-cfemail="6d02040a43090c190c320c030c011419040e1e2d081d0c430a021b">[email protected]</span></a>.

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 this 
Federal Register, we are publishing a separate document that will serve 
as the proposed rule to exempt a new system of records, EPA-100, the 
OIG Data Analytics Enterprise Tracking System, 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.
    EPA is also revising 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, Sec.  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 rule 
explains why an exemption is being claimed for this system of records 
and invites public comment, which EPA will consider.
    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

[[Page 77001]]

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 exempting this 
system of records 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.
    (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 exempting this system 
of records 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. 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

[[Page 77002]]

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 exempting this system of records 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. The statute at 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/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 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.

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.

[[Page 77003]]

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, 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, Government employees, Privacy.

Kimberly Y. Patrick,
Principal Deputy Assistant Administrator, Office of Mission Support.

    For the reasons set forth in the preamble, EPA amends 40 CFR part 
16 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. Revising paragraph (a) and (c)(2);
0
b. Adding paragraph (c)(6); and
0
c. Revising paragraph (d) and the introductory text of paragraph (e).
    The revisions and addition read as follows:


Sec.  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:
* * * * *

0
3. Amend Sec.  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:


Sec.  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 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,

[[Page 77004]]

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. 2023-24233 Filed 11-7-23; 8:45 am]
BILLING CODE 6560-50-P


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