80136 Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Rules and Regulations 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01 and Environmental 

Planning COMDTINST 5090.1 (series), 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves moving 

security zones lasting for the duration of 

time that the M/V BONITO LNG, M/V 

CLEAN RESOLUTION, M/V 

INNOVATOR and M/V PILAARGAS are 

within the Corpus Christi Ship Channel 

and La Quinta Channel while loaded 

with cargo. It will prohibit entry within 

a 500-yard radius of M/V BONITO LNG, 

M/V CLEAN RESOLUTION, M/V 

INNOVATOR and M/V PILAARGAS 

while the vessels are transiting loaded 

within Corpus Christi Ship Channel and 

La Quinta Channel. It is categorically 

excluded from further review under 

L60(d) in 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 contact 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.T08–0902 to read as 

follows: 

§ 165.T08–0902 Security Zones; Corpus 

Christi Ship Channel. Corpus Christi, TX. 

(a) Location. The following areas are 

moving security zones: All navigable 

waters encompassing a 500-yard radius 

around the M/V BONITO LNG, M/V 

CLEAN RESOLUTION, M/V 

INNOVATOR and M/V PILAARGAS 

while the vessels are in the Corpus 

Christi Ship Channel and the La Quinta 

Ship Channel. 

(b) Effective period. This section will 

be in effect, and subject to enforcement, 

from November 10, 2023, through 

November 24, 2023. 

(c) Regulations. (1) The general 

regulations in § 165.33 of this part 

apply. Entry into the zones is prohibited 

unless authorized by the Captain of the 

Port Sector Corpus Christi (COTP) or a 

designated representative. A designated 

representative is a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard assigned to units under the 

operational control of USCG Sector 

Corpus Christi. 

(2) Persons or vessels desiring to enter 

or pass through the zones must request 

permission from the COTP Sector 

Corpus Christi on VHF–FM channel 16 

or by telephone at 361–939–0450. 

(3) If permission is granted, all 

persons and vessels shall comply with 

the instructions of the COTP or 

designated representative. 

(d) Information broadcasts. The COTP 

or a designated representative will 

inform the public through Broadcast 

Notices to Mariners (BNMs), Local 

Notices to Mariners (LNMs), and/or 

Marine Safety Information Bulletins 

(MSIBs) as appropriate of the 

enforcement times and dates for these 

security zones. 

Dated: November 9, 2023. 

Jason Gunning, 

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

Port, Sector Corpus Christi. 

[FR Doc. 2023–25457 Filed 11–16–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0286] 

RIN 1625–AA00 

Safety Zone; Shrewsbury River, S–32 

Bridge, Boroughs of Rumson and Sea 

Bright, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters of the Shrewsbury 

River, within a 100-yard radius of the 

center point of the S–32 Bridge on 

County Route 520 (Rumson Road), in 

the boroughs of Rumson and Sea Bright, 

New Jersey. The safety zone will 

include the East and West navigational 

channels and will temporarily close 

down a portion of the Shrewsbury River 

under and adjacent to the S–32 Bridge. 

The safety zone is needed to protect 

personnel, vessels, and the marine 

environment from potential hazards 

associated with the bridge construction. 

When enforced, entry of vessels or 

persons into this zone during the 

enforcement periods is prohibited 

unless specifically authorized by the 

Captain of the Port New York or a 

designated representative. 

DATES: This rule is effective from 

December 1, 2023, through December 

31, 2024. 


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Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Rules and Regulations 80137 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0286 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call, or 

email MST1 Melanie Hughes, 

Waterways Management Division, U.S. 

Coast Guard; telephone 718–354–4352, 

email Melanie.A.Hughes1@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port New York 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On March 15, 2023, the Coast Guard 

received notification from WSP USA 

Inc. requesting to close a portion of the 

Shrewsbury River for the replacement of 

the S–32 Bridge on County Route 520 

(Rumson Road) over the Shrewsbury 

River in the Boroughs of Rumson and 

Sea Bright, NJ; Federal Project No. 

STBGP–0520(300); NJDOT Job No. 

6700352. In response, on May 23, 2023, 

the Coast Guard published a notice of 

proposed rulemaking (NPRM) titled 

‘‘Safety Zone; Shrewsbury River, S–32 

Bridge, Boroughs of Rumson and Sea 

Bright, NJ’’ (88 FR 33054). There we 

stated why we issued the NPRM and 

invited comments on our proposed 

regulatory action related to this safety 

zone. During the comment period that 

ended June 22, 2023, we received one 

comment, that is discussed in section IV 

below. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be impracticable 

because immediate action is needed to 

respond to the potential safety hazards 

associated with replacement of the S–32 

Bridge that will impact navigation along 

the Shrewsbury River. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034. The 

Captain of the Port New York (COTP) 

has determined that potential hazards 

associated with the bridge construction 

would be a safety concern for anyone 

within a 100-yard radius of the center 

point of the bridge. The purpose of this 

rulemaking is to protect personnel, 

vessels, and the marine environment 

from potential hazards created by the S– 

32 Bridge construction activities within 

a 100-yard radius. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received one 

comment on our NPRM published May 

23, 2023. The comment is in favor of the 

rule, however identified a variety of 

concerns including channel reduction 

and impact on velocity of current, on 

scene management of vessel traffic, 

project background, and the time of year 

for a portion of the waterway closures. 

Additionally, as you will notice as we 

address the comments below, we have 

made a change to the effective dates of 

the rule to account for a delay in the 

start date. 

The commenter expressed concerns 

with the reduced horizontal clearance of 

37 feet and increasing the velocity of the 

current and vessels losing steerage and 

causing collisions and distress calls. 

The commenter stated that they lost 

steerage transiting the present draw 

bridge with an oncoming vessel, spun a 

full 180-degrees and hit the bridge 

fender system to avoid a collision. They 

also recommended a safety watch 

during the height of the summer season. 

Coast Guard is working closely with 

affected stake holders to ensure the full 

and partial channel closures will occur 

outside the peak recreational boating 

season. We will notify USCG Station 

Sandy Hook and New Jersey State 

Marine Police Carteret Station for their 

awareness during patrols. Also, the 

Coast Guard will ensure adequate notice 

and of this safety zone to mariners 

through dissemination of information 

through the Local Notice to Mariners. 

NOAA has also included the ‘‘Bridge 

under construction’’ label on Chart 

12325 at <https://charts.noaa.gov/PDFs/ 

12325.pdf> to increase awareness 

among mariners. 

The commenter stated there should be 

a safety presence directing marine traffic 

and not just a bridge tender who is 

worried about the bridge operation. The 

Coast Guard does not have the physical 

assets to provide a daily on scene 

presence during the enforcement 

periods. We will notify USCG Station 

Sandy Hook and New Jersey State 

Marine Police Carteret Station for their 

awareness during patrols. 

The commenter stated this 

rulemaking proposal did not start on 

March 15, 2023, with the request for 

waterway restrictions, nor in the past 75 

days. 

The commenter also stated it is not a 

good idea for even a partial channel 

closure for a majority of the boating 

season and should occur after November 

30 and before April 1. 

The Coast Guard proceeded with the 

rulemaking request once sufficient 

information was provided, as required 

by 33 CFR 165.5 establishment 

procedures. 

The commenter stated ‘‘there is 

multiple 180-foot by 64-foot crane barge 

spudded down in the channel while 

conducting heavy lift operations each 

week at the new bridge. We are not 

building the Tappan Zee Bridge here.’’ 

The Coast Guard is receiving regular 

updates regarding the project’s 

construction timelines. The current 

project schedule calls for one, 180-foot 

by 64-foot crane barge to spud down in 

the channel for five days. The Coast 

Guard does not determine the type of 

machinery used on construction 

projects. 

There are two updates to the 

information shared in the NPRM about 

the project. First, The Coast Guard is 

receiving regular updates regarding the 

project’s scheduled timelines. The Coast 

Guard will publish any changes to the 

full channel closure dates in the Local 

Notice to Mariners. The public is urged 

to visit https://www.rumsonseabright

bridge.com/ for the most up to date 

information on timelines. Second, the 

half-channel closure horizontal 

clearance will be 37 feet 6 inches 

instead of the originally published 37 

feet. 

As noted above there is one change to 

the regulatory text of this rule from the 

proposed rule in the NPRM. The Coast 

Guard is publishing this rulemaking to 

now be effective and enforceable from 

December 1, 2023, to account for delays, 

through December 31, 2024, as 

originally stated. This rule now 

establishes a safety zone from December 

1, 2023, through December 31, 2024, but 

will only be enforced during periods 

when heavy lift operations are in 

progress. The first full channel closure 

is anticipated to take place sometime 

between January 2024 and March 2024. 

The Federal navigation channel closure 

is due to a 180-foot by 64-foot crane 

barge spudded down in the channel 

while conducting heavy lift operations. 

The remainder of the bridge 

construction activities will partially 

close the channel allowing marine 

traffic to pass on either the east half or 

the west half of the channel. During 

these partial closures, the channel will 

be reduced to a width of 37 feet, 6 

inches. The Coast Guard is working 

closely with stakeholders to ensure full 

and partial closures will occur outside 


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80138 Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Rules and Regulations 

of the peak recreational boating season. 

The safety zone covers all navigable 

waters of the Shrewsbury River within 

100 yards of the center point of the S– 

32 Bridge. The duration of the zone is 

intended to ensure the safety of 

personnel, vessels, and these navigable 

waters during the bridge construction. 

During periods of heavy lift operations, 

no vessel or person would be permitted 

to enter the safety zone without 

obtaining permission from the COTP or 

a designated representative. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

section 3(f) of Executive Order 12866, as 

amended by Executive Order 14094 

(Modernizing Regulatory Review). 

Accordingly, this rule has not been 

reviewed by the Office of Management 

and Budget (OMB). 

This regulatory action determination 

is based on the size, location, duration 

and time-of-day of the safety zone. This 

rule may affect owners or operators of 

vessels intending to transit the 

Shrewsbury River within a 100-yard 

radius of the center point of the S–32 

Bridge, some of which might be small 

entities. However, this safety zone will 

not have a significant economic impact 

on a substantial number of these entities 

because it is temporarily enforced, 

allows for deviation requests, and does 

not impact vessel transit significantly. 

Regarding the enforcement period, 

although this safety zone will be in 

effect from December 1, 2023, through 

December 31, 2024, vessels will only be 

prohibited from the regulated zone 

during periods of heavy lift operations 

in correspondence to the period of 

enforcement. Vessels will also be able to 

request deviation from this rule to 

transit through the safety zone during 

enforcement periods. Such requests 

would be considered on a case by-case 

basis and may be authorized by the 

COTP or a designated representative. 

For these reasons, the Coast Guard 

expects any impact of this rulemaking 

establishing a temporary safety zone on 

Shrewsbury River within a 100-yard 

radius of the center point of the S–32 

Bridge to be minimal and have no 

significant economic impact on small 

entities. The Coast Guard will notify the 

public of the enforcement periods of 

this rule through appropriate means, 

which may include, but are not limited 

to, publication in the Local Notice to 

Mariners and Broadcast Notice to 

Mariners via VHF–FM marine channel 

16. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard received no comments 

from the Small Business Administration 

on this rulemaking. The Coast Guard 

certifies under 5 U.S.C. 605(b) that this 

rule will not have a significant 

economic impact on a substantial 

number of small entities. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 

reasons stated in section V.A. above, 

this rule will not have a significant 

economic impact on any vessel owner 

or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect 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. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves 

establishing a safety zone on all 

navigable waters of the Shrewsbury 

River, within a 100-yard radius of the 

center point of the S–32 Bridge, on 

County Route 520 (Rumson Road) in the 

Boroughs of Rumson and Sea Bright, 


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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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