Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Rules and Regulations 80139 

New Jersey. It is categorically excluded 

from further review under paragraph 

L60 (a) of Appendix A, Table 1 of DHS 

Instruction Manual 023–01–001–01, 

Rev. 1. A Record of Environmental 

Consideration supporting this 

determination is available in the docket. 

For instructions on locating the docket, 

see the ADDRESSES section of this 

preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051, 70124; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.3. 

■ 2. Add § 165.T01–0286 to read as 

follows: 

§ 165.T01–0286 Safety Zone; Shrewsbury 

River, S–32 Bridge, Boroughs of Rumson 

and Sea Bright, NJ. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Shrewsbury River, within a 100-yard 

radius of the center point of the S–32 

Bridge, County Route 520 (Rumson 

Road) in the boroughs of Rumson and 

Sea Bright, New Jersey. 

(b) Definitions. As used in this 

section, Designated Representative 

means a Coast Guard Officer, including 

a Coast Guard coxswain, petty officer, or 

other officer operating a Coast Guard 

vessel and a Federal, State, and local 

officer designated by or assisting the 

Captain of the Port New York (COTP) in 

the enforcement of the safety zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, no person or vessel may enter 

the safety zone described in paragraph 

(a) of this section unless authorized by 

the Captain of the Port (COTP) or the 

COTP’s designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative via VHF channel 16 or by 

phone at (718) 354–4353 (Sector New 

York Command Center). Those in the 

safety zone must comply with all lawful 

orders or directions given to them by the 

COTP or the COTP’s designated 

representative. 

(d) Enforcement period. This section 

is effective from December 1, 2023, 

through December 31, 2024, but will 

only be enforced during periods when 

heavy lift operations at the new bridge 

are in progress. 

Zeita Merchant, 

Captain, U.S. Coast Guard, Captain of the 

Port New York. 

[FR Doc. 2023–25447 Filed 11–16–23; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 16 

[EPA–HQ–OMS–2019–0371; FRL–10082–04– 

OMS] 

Privacy Act Regulations for EPA–83 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA or Agency) is taking direct 

final action to revise the Agency’s 

Privacy Act regulations to exempt a 

modified system of records, EPA–83, the 

Personnel Security System (PSS) 2.0, 

from certain requirements of the Privacy 

Act because of the data sensitivity 

contained within an insider threat 

inquiry. A lack of protection of these 

data could jeopardize the insider threat 

inquiry or additional investigations if 

warranted. 

DATES: This rule is effective on January 

16, 2024, without further notice unless 

EPA receives adverse comment by 

December 18, 2023. If EPA receives 

adverse comment, it 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–2019–0371, 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: John 

Goldsby, Personnel Security Branch, 

Environmental Protection Agency, 

William Jefferson Clinton North 

Building, Mail code 3206A, 1200 

Pennsylvania Avenue NW, Washington, 

DC 20460; telephone number, (202) 

564–1569; email address, 

Goldsby.John@epa.gov. 

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 issue of the 

Federal Register, we are publishing a 

separate document that will serve as the 

proposed rule to exempt a new system 

of records, EPA–83, the Personnel 

Security System (PSS) 2.0, from certain 

requirements of the Privacy Act if 

adverse comments are received on this 

direct final rule. We will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. For further 

information about commenting on this 

rule, see the ADDRESSES section of this 

document. 

If EPA receives adverse comment, we 

will publish a timely withdrawal in the 

Federal Register informing the public 

that this direct final rule will not take 

effect. We would address all public 

comments in any subsequent final rule 

based on the proposed rule. 

II. General Information 

The EPA published a Privacy Act 

system of records notice for PSS 2.0 (85 

FR 32380, May 29, 2020) to replace PSS 

1.0, which was a module of the Office 

of Administrative Services Information 

System (OASIS, EPA–41), and create a 

stand-alone system. The Personnel 

Security Branch (PSB) plans to update 


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80140 Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Rules and Regulations 

PSS with a new module focused on 

providing the agency with insider threat 

inquiry management and coordination 

capabilities. The PSS 2.0 supports the 

PSB with tracking the documentation 

associated with background 

investigations for Federal and nonFederal personnel working for EPA. 

This includes reporting requirements 

that meet the Security Executive Agent 

Directive (SEAD) 3, which establishes 

reporting requirements for all ‘‘covered 

individuals’’ who have access to 

classified information or who hold a 

sensitive position. Access to the system 

is restricted to authorized users and PSS 

is maintained in a secure, password 

protected computer system, in secure 

areas and buildings with physical access 

controls and environmental controls. In 

the performance of their official duties, 

EPA federal personnel must input and 

manage Sensitive Personally Identifiable 

Information (such as social security 

number) and Personally Identifiable 

Information (such as home address and 

email address). All personnel are 

required to take annual Information 

Technology Security and Privacy 

Training to ensure the proper handling 

and management of Sensitive Personally 

Identifiable Information (SPII) and 

Personally Identifiable Information (PII). 

The data is required in the system to 

start the onboarding process and to 

manage personnel through lifecycle 

activity at EPA (such as background 

investigations). PSS 2.0 displays a 

reminder about the appropriate PII and 

SPII handling procedures every time a 

user begins to enter data for a new 

background investigation. Additionally, 

PSS will include a module dedicated 

specifically for insider threat inquiry 

management and coordination. This 

module will contain details of insider 

threat inquiries, including the names 

and identifiers of personnel involved in 

such inquiries. 

Pursuant to 5 U.S.C. 552a(k)(2) and 

(k)(5), an individual’s request for access 

to his or her record may be exempt from 

specific access and accounting 

provisions of the Privacy Act where the 

‘‘investigatory material [was] compiled 

for law enforcement purposes’’. See 40 

CFR 16.12. Note that the (k)(5) 

exemption applies only to access 

requests for background investigation 

records that would identify a 

confidential source. Under 5 U.S.C. 

552a(k)(1), (k)(2), and (k)(5), EPA is 

proposing to exempt the PSS 2.0 from 

the following provisions of the Privacy 

Act of 1974 as amended; 5 U.S.C. 552a; 

(d); (e)(1); (e)(4) (G), (H), and (I); and 

(f)(2) through (5) for the following 

reasons: 

(1) From subsection 552a(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. Further, such a 

disclosure could reveal the identity of a 

confidential source and hamper the 

Agency’s investigation. 

(2) From subsection 552a(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 552a(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 subsections 552a(e)(1) and 

(e)(5), which require an agency to 

collect/maintain only accurate and 

relevant information about an 

individual, because the accuracy or 

relevance 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, 

accuracy, timeliness and completeness 

of all information obtained. 

(5) From subsections 552a(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). 

(6) From subsections 552a(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 claiming 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. 

(7) From subsection 552a(I), 

concerning agency rules for use of 

records from another agency under a 

matching program. Such documents are 

owned by and the responsibility of the 

source agency, and only that source 

agency can share or release the 

information. 

Note that the (k)(5) exemption applies 

only to access requests for background 

investigation records that would 

identify a confidential source. 

III. Statutory and Executive Order 

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. 

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. 


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Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Rules and Regulations 80141 

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). 

K. The Congressional Review Act 

This rule is exempt from the 

Congressional Review Act (CRA) 

because it is a rule of agency 

organization, procedure or practice that 

does not substantially affect the rights or 

obligations of non-agency parties. 

List of Subjects in 40 CFR Part 16 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Government employees, Privacy. 

Kimberly Y. Patrick, 

Principal Deputy Assistant Administrator, 

Office of Mission Support. 

For the reasons stated in the 

preamble, title 40, chapter I, part 16 of 

the Code of Federal Regulations is 

amended as follows: 

PART 16—IMPLEMENTATION OF 

PRIVACY ACT OF 1974 

■ 1. The authority citation for part 16 

continues to read as follows: 

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

■ 2. Amend § 16.12 by: 

■ a. Revising paragraphs (a)(1), (a)(4)(i) 

and (iii), (a)(5) introductory text, and 

(b)(1); 

■ b. Adding paragraph (b)(4)(iii); and 

■ c. Revising paragraph (b)(5) 

introductory text. 

The revisions and additions 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–83 Personnel Security 

System (PSS) 2.0. 

* * * * * 

(4) * * * 

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

63, and 79 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). EPA system of records 21 is 

exempt from the following provisions of 

the PA, subject to limitations set forth 

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

552a(c)(3), (d), and (e)(1). EPA system of 

records 83 is exempt 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(d); (e)(1); 

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

through (5). 

* * * * * 

(iii) EPA–83 Personnel Security 

System (PSS) 2.0 is exempted under 5 

U.S.C. 552a(k)(2). 

(5) Reasons for exemption. EPA 

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

and 83 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’s 

Operation and Reporting (IGOR) System 

Personnel Security Files. 

* * * * * 

(4) * * * 

(iii) EPA 83 is exempted from the 

following provisions of the PA, subject 

to the limitations of 5 U.S.C. 

552(a)(k)(5): 5 U.S.C. 552a(d); (e)(1); 

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

through (5). 

(5) Reasons for exemption. EPA 36, 

40, 83, and 100 are exempted from the 

above provisions of the PA for the 

following reasons: 

* * * * * 

[FR Doc. 2023–24669 Filed 11–16–23; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 424 and 455 

[CMS–6084–F] 

RIN 0938–AU90 

Medicare and Medicaid Programs; 

Disclosures of Ownership and 

Additional Disclosable Parties 

Information for Skilled Nursing 

Facilities and Nursing Facilities; 

Medicare Providers’ and Suppliers’ 

Disclosure of Private Equity 

Companies and Real Estate Investment 

Trusts 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), Department 

of Health and Human Services (HHS). 

ACTION: Final rule. 

SUMMARY: This final rule will implement 

portions of section 6101 of the Patient 

Protection and Affordable Care Act 

(Affordable Care Act), which require the 

disclosure of certain ownership, 

managerial, and other information 

regarding Medicare skilled nursing 

facilities (SNFs) and Medicaid nursing 


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