This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

82788 

Vol. 88, No. 226 

Monday, November 27, 2023 

DEPARTMENT OF ENERGY 

10 CFR Part 1008 

[DOE–HQ–2023–0058] 

RIN 1903–AA14 

Privacy Act of 1974: Implementation of 

Exemptions 

AGENCY: U.S. Department of Energy. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Department of Energy 

(DOE, the Department) is giving notice 

of a newly established System of 

Records pursuant to the Privacy Act of 

1974 for the Department of Energy— 

DOE–78 Data Analytics Program 

Records in this proposed rulemaking. 

The Department proposes to exempt 

portions of the System of Records from 

one or more provisions of the Privacy 

Act because of criminal, civil, and 

administrative enforcement 

requirements. 

DATES: To be assured of consideration, 

written comments on this proposed 

rulemaking must be received at one of 

the addresses listed in the ADDRESSES

section, on or before December 27, 2023. 

Comments received following the 

aforementioned date may be considered 

if it is practical to do so. Please refer to 

section IV (Public Participation— 

Submission of Comments) for additional 

information on the comment period. 

ADDRESSES: You may submit comments 

identified by docket number DOE–HQ– 

2023–0058, as follows: 

Federal eRulemaking Portal: 

www.regulations.gov. Include the docket 

number DOE–HQ–2023–0058 in the 

‘‘Enter Keyword or ID’’ field and click 

on ‘‘Search.’’ On the next web page, 

click on ‘‘Submit a Comment’’ action 

and follow the instructions in the portal. 

Mail/Hand Delivery/Courier [for 

paper, disk, or CD-ROM submissions] to: 

Ken Hunt, U.S. Department of Energy, 

1000 Independence Avenue SW, Office 

8H–085, Washington, DC 20585. 

Comments received, including any 

personal information, will be posted 

without change to www.regulations.gov. 

Docket: The docket, which includes 

Federal Register notices, comments, 

and other supporting documents/ 

materials, is available for review at 

www.regulations.gov. All documents in 

the docket are listed in the 

www.regulations.gov index. However, 

some documents listed in the index, 

such as those containing information 

that is exempt from public disclosure, 

may not be publicly available. The 

www.regulations.gov web page contains 

instructions on how to access all 

documents, including public comments, 

in the docket. See section IV of this 

document for further information on 

how to submit comments through 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Kyle 

David, U.S. Department of Energy, 1000 

Independence Avenue SW, Office 8H– 

085, Washington, DC 20585; facsimile: 

(202) 586–8151; email: kyle.david@

hq.doe.gov, telephone: (240) 686–9485. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Authority and Background 

A. Authority 

B. Background 

II. Discussion 

III. Procedural Issues and Regulatory Review 

A. Review Under Executive Orders 12866, 

13563, and 14094 

B. Review Under the Regulatory Flexibility 

Act 

C. Review Under the Paperwork Reduction 

Act of 1995 

D. Review Under the National 

Environmental Policy Act of 1969 

E. Review Under Executive Order 12988 

F. Review Under Executive Order 13132 

G. Review Under Executive Order 13175 

H. Review Under the Unfunded Mandates 

Reform Act of 1995 

I. Review Under Executive Order 12360 

J. Review Under Executive Order 13211 

K. Review Under the Treasury and General 

Government Appropriations Act, 1999 

L. Review Under the Treasury and General 

Government Appropriations Act, 2001 

IV. Public Participation—Submission of 

Comments 

V. Approval by the Office of the Secretary of 

Energy 

I. Authority and Background 

A. Authority 

DOE has broad authority to manage 

the agency’s collection, use, processing, 

maintenance, storage, and disclosure of 

Personally Identifiable Information (PII) 

pursuant to the following authorities: 42 

United States Code (U.S.C.) 7101 et seq., 

50 U.S.C. 2401 et seq., 5 U.S.C. 1104, 5 

U.S.C. 552, 5 U.S.C. 552a, 42 U.S.C. 

7254, 5 U.S.C. 301, and 42 U.S.C. 405 

note. 

B. Background 

The Privacy Act of 1974 (the Act) (5 

U.S.C. 552a) embodies fair information 

practice principles in a statutory 

framework governing the means by 

which the U.S. Government collects, 

maintains, uses, and disseminates 

personally identifiable information. The 

Privacy Act applies to information that 

is maintained in a ‘‘System of Records.’’ 

A ‘‘System of Records’’ is a group of any 

records under the control of an agency 

from which information is retrieved by 

the name of the individual or by some 

identifying number, symbol, or other 

identifying particular assigned to the 

individual. In the Privacy Act, an 

individual is defined to encompass U.S. 

citizens and lawful permanent 

residents. 

The Privacy Act allows government 

agencies to exempt certain records from 

the access and amendment provisions. If 

an agency claims an exemption, it must 

issue a Notice of Proposed Rulemaking 

to make clear to the public the reasons 

why a particular exemption is claimed. 

II. Discussion 

DOE is claiming exemptions from 

certain requirements of the Privacy Act 

for one System of Records: DOE–78 Data 

Analytics Program Records. 

DOE–78 Data Analytics Program 

Records will aggregate, store, and use 

data that the Office of the Inspector 

General (OIG) has the legal authority to 

collect and maintain to perform 

statistical analytics, data science, link 

analysis, and other mathematical 

techniques. The primary goal of this 

work is to identify anomalies that may 

indicate systemic or specific risks as 

well as activities that indicate 

mismanagement, fraud, abuse, waste, 

unlawful or unethical activity in DOE 

programs and operations. The analysis 

may support other parts of OIG by 

helping to identify specific areas for OIG 

attention or the development of risk 

indicators. Other parts of OIG may use 

the analytic output of the system to 

determine predication or indication for 

audits, inspections, evaluations, and 

investigations, including joint 

refinement of preliminary analysis, 

under their specific authorities. 


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For this System of Records, DOE 

claims exemptions to paragraphs (c)(3) 

and (4); (d)(1) through (4); (e)(1) through 

(3), (4)(G), (4) (H), and (4)(I); (e)(5) and 

(8); and (g) of the Privacy Act pursuant 

to 5 U.S.C. 552a(j)(2). In addition, the 

system has been exempted from the 

Privacy Act, pursuant to 5 U.S.C. 

552a(k)(1), (k)(2) and (k)(5). These 

exemptions are needed to protect 

information relating to DOE activities 

from disclosure to subjects or others 

related to these activities. Specifically, 

the exemptions are required to preclude 

subjects of these activities from 

frustrating these processes; to avoid 

disclosure of activity techniques; to 

protect the identities and physical safety 

of confidential informants and law 

enforcement personnel; to ensure DOE’s 

ability to obtain information from third 

parties and other sources; and to protect 

the privacy of third parties; to safeguard 

classified information. Disclosure of 

information to the subject of the inquiry 

could also permit the subject to avoid 

detection or apprehension. 

The exemptions proposed here are 

standard law enforcement and national 

security exemptions exercised by many 

federal law enforcement and 

intelligence agencies. In appropriate 

circumstances, where compliance 

would not appear to interfere with or 

adversely affect the law enforcement 

purposes of this system and overall law 

enforcement process, the applicable 

exemptions may be waived on a caseby-case basis. 

A System of Records Notice for DOE– 

78 Data Analytics Program Records is 

also published in this issue of the 

Federal Register. 

Exemptions for DOE–78 Data 

Analytics Program Records from these 

particular paragraphs of the Act are 

justified, on a case-by-case basis to be 

determined at the time a request is made 

for the following reasons: 

From paragraphs (c)(3) and (4) 

(Accounting for Disclosures) because 

release of the accounting of disclosures 

could alert the subject of an 

investigation of an actual or potential 

criminal, civil, or regulatory violation to 

the existence of that investigation and 

reveal investigative interest on the part 

of DOE as well as the recipient agency. 

Disclosure of the accounting would 

therefore present a serious impediment 

to law enforcement efforts or efforts to 

preserve national security. Disclosure of 

the accounting would also permit the 

individual who is the subject of a record 

to impede the investigation, to tamper 

with witnesses or evidence, and to 

avoid detection or apprehension, which 

would undermine the entire 

investigative process. 

From paragraph (d) (Access to 

Records) because access to the records 

contained in this System of Records 

could inform the subject of an 

investigation of an actual or potential 

criminal, civil, or regulatory violation to 

the existence of that investigation and 

reveal investigative interest on the part 

of DOE or another agency. Access to the 

records could permit the individual 

who is the subject of a record to impede 

the investigation, to tamper with 

witnesses or evidence, and to avoid 

detection or apprehension. Amendment 

of the records could interfere with 

ongoing investigations and law 

enforcement activities and would 

impose an unreasonable administrative 

burden by requiring investigations to be 

continually reinvestigated. In addition, 

permitting access and amendment to 

such information could disclose 

security-sensitive information that 

could be detrimental to nuclear or 

energy sector security. 

From paragraph (e)(1) (Relevancy and 

Necessity of Information) because in the 

course of investigations into potential 

violations of federal law, the accuracy of 

information obtained or introduced 

occasionally may be unclear, or the 

information may not be 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 unlawful 

activity. 

From paragraph (e)(2) (Collection of 

Information from Individuals) because 

requiring that information be collected 

from the subject of an investigation 

would alert the subject to the nature or 

existence of the investigation, thereby 

interfering with that investigation and 

related law enforcement activities. 

From paragraph (e)(3) (Notice to 

Subjects) because providing such 

detailed information could impede law 

enforcement by compromising the 

existence of a confidential investigation 

or reveal the identity of witnesses or 

confidential informants. 

From paragraphs (e)(4)(G), (e)(4)(H), 

and (e)(4)(I) (Agency Requirements) and 

(f) (Agency Rules), because portions of 

this system are exempt from the 

individual access provisions of 

paragraph (d) for the reasons noted 

above, and therefore DOE is not 

required to establish requirements, 

rules, or procedures with respect to 

such access. Providing notice to 

individuals with respect to existence of 

records pertaining to them in the 

System of Records or otherwise setting 

up procedures pursuant to which 

individuals may access and view 

records pertaining to themselves in the 

system would undermine investigative 

efforts and reveal the identities of 

witnesses, and potential witnesses, and 

confidential informants. 

From paragraph (e)(5) (Collection of 

Information) because with the collection 

of information for law enforcement 

purposes, it is impossible to determine 

in advance what information is 

accurate, relevant, timely, and complete. 

Compliance with paragraph (e)(5) would 

preclude DOE agents from using their 

investigative training and exercise of 

good judgment to both conduct and 

report on investigations. 

From paragraph (e)(8) (Notice on 

Individuals) because compliance would 

interfere with DOE’s ability to obtain, 

serve, and issue subpoenas, warrants, 

and other law enforcement mechanisms 

that may be filed under seal and could 

result in disclosure of investigative 

techniques, procedures, and evidence. 

From paragraph (g) (Civil Remedies) 

to the extent that the system is exempt 

from other specific paragraphs of the 

Privacy Act. 

III. Procedural Issues and Regulatory 

Review 

A. Review Under Executive Order 

12866, 13563, and 14094 

Executive Order (‘‘E.O.’’) 12866, 

‘‘Regulatory Planning and Review,’’ 58 

FR 51735 (Oct. 4, 1993), as 

supplemented and reaffirmed by E.O. 

13563, ‘‘Improving Regulation and 

Regulatory Review,’’ 76 FR 3821 (Jan. 

21, 2011) and amended by E.O. 14094, 

‘‘Modernizing Regulatory Review,’’ 88 

FR 21879 (April 11, 2023), requires 

agencies, to the extent permitted by law, 

to (1) propose or adopt a regulation only 

upon a reasoned determination that its 

benefits justify its costs (recognizing 

that some benefits and costs are difficult 

to quantify); (2) tailor regulations to 

impose the least burden on society, 

consistent with obtaining regulatory 

objectives, taking into account, among 

other things, and to the extent 

practicable, the costs of cumulative 

regulations; (3) select, in choosing 

among alternative regulatory 

approaches, those approaches that 

maximize net benefits (including 

potential economic, environmental, 

public health and safety, and other 

advantages; distributive impacts; and 

equity); (4) to the extent feasible, specify 

performance objectives, rather than 

specifying the behavior or manner of 

compliance that regulated entities must 

adopt; and (5) identify and assess 

available alternatives to direct 

regulation, including providing 

economic incentives to encourage the 

desired behavior, such as user fees or 


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marketable permits, or providing 

information upon which choices can be 

made by the public. DOE emphasizes as 

well that E.O. 13563 requires agencies to 

use the best available techniques to 

quantify anticipated present and future 

benefits and costs as accurately as 

possible. In its guidance, the Office of 

Information and Regulatory Affairs 

(OIRA) has emphasized that such 

techniques may include identifying 

changing future compliance costs that 

might result from technological 

innovation or anticipated behavioral 

changes. For the reasons stated in the 

preamble, this proposed regulatory 

action is consistent with these 

principles. 

Section 6(a) of E.O. 12866 requires 

agencies to submit ‘‘significant 

regulatory actions’’ to OIRA for review. 

OIRA has determined that this proposed 

regulatory action is not a ‘‘significant 

regulatory action’’ within the scope of 

E.O. 12866. Accordingly, this action is 

not subject to review under E.O. 12866 

by OIRA of the Office of Management 

and Budget (OMB). 

B. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act of 1980 

(5 U.S.C. 601 et seq.) requires that an 

agency prepare an initial regulatory 

flexibility analysis for any regulation for 

which a general notice of proposed 

rulemaking is required, unless the 

agency certifies that the rule, if 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities (5 U.S.C. 

605(b)). As required by Executive Order 

13272, Proper Consideration of Small 

Entities in Agency Rulemaking, 67 FR 

53461 (Aug. 16, 2002), DOE published 

procedures and policies on February 19, 

2003, to ensure that the potential 

impacts of its rules on small entities are 

properly considered during the 

rulemaking process. 68 FR 7990. DOE 

has made its procedures and policies 

available on the Office of the General 

Counsel’s website (www.energy.gov/gc/ 

office-general-counsel). 

DOE reviewed this proposed rule 

under the provisions of the Regulatory 

Flexibility Act and the procedures and 

policies published on February 19, 

2003. DOE certifies that the proposed 

rule, if adopted, would not have 

significant economic impact on a 

substantial number of small entities. 

The factual basis for this certification is 

set forth below. 

This proposed rule would update 

DOE’s policies and procedures 

concerning the disclosure of records 

held within a System of Records 

pursuant to the Privacy Act of 1974. 

This proposed rule would apply only to 

activities conducted by DOE’s federal 

employees and contractors, who would 

be responsible for implementing the 

rule requirements. DOE does not expect 

there to be any potential economic 

impact of this proposed rule on small 

businesses. Small businesses, therefore, 

should not be adversely impacted by the 

requirements in this proposed rule. For 

these reasons, DOE certifies that this 

proposed rule, if promulgated, would 

not have a significant economic impact 

on a substantial number of small 

entities, and therefore, no regulatory 

flexibility analysis has been prepared. 

C. Review Under the Paperwork 

Reduction Act of 1995 

This proposed rule does not impose a 

collection of information requirement 

subject to review and approval by OMB 

under the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.). 

D. Review Under the National 

Environmental Policy Act of 1969 

Pursuant to the National 

Environmental Policy Act of 1969 

(NEPA), DOE has analyzed this 

proposed action in accordance with 

NEPA and DOE’s NEPA implementing 

regulations (10 CFR part 1021). DOE’s 

regulations include a categorical 

exclusion (CX) for rulemakings 

interpreting or amending an existing 

rule or regulation that does not change 

the environmental effect of the rule or 

regulation being amended. 10 CFR part 

1021, subpart D, appendix A5. DOE has 

determined that this proposed rule is 

covered under the CX found in DOE’s 

NEPA regulations at paragraph A.5 of 

appendix A to subpart D, 10 CFR part 

1021, because it is an amendment to an 

existing regulation that does not change 

the environmental effect of the amended 

regulation and, therefore, meets the 

requirements for the application of this 

CX. See 10 CFR 1021.410. Therefore, 

DOE has determined that this proposed 

rule is not a major Federal action 

significantly affecting the quality of the 

human environment within the meaning 

of NEPA and does not require an 

Environmental Assessment or an 

Environmental Impact Statement. 

E. Review Under Executive Order 12988 

With respect to the review of existing 

regulations and the promulgation of 

new regulations, Section 3(a) of 

Executive Order 12988, ‘‘Civil Justice 

Reform,’’ 61 FR 4729 (February 7, 1996), 

imposes on Federal agencies the general 

duty to adhere to the following 

requirements: (1) eliminate drafting 

errors and ambiguity; (2) write 

regulations to minimize litigation; (3) 

provide a clear legal standard for 

affected conduct rather than a general 

standard; and (4) promote simplification 

and burden reduction. Section 3(b) of 

Executive Order 12988 specifically 

requires that executive agencies make 

every reasonable effort to ensure the 

regulation: (1) clearly specifies the 

preemptive effect, if any; (2) clearly 

specifies any effect on existing Federal 

law or regulation; (3) provides a clear 

legal standard for the affected conduct 

while promoting simplification and 

burden reduction; (4) specifies the 

retroactive effect, if any; (5) adequately 

defines key terms; (6) specifies whether 

administrative proceedings are to be 

required before parties may file suit in 

court and, if so, describes those 

proceedings and requires the exhaustion 

of administrative remedies; and (7) 

addresses other important issues 

affecting clarity and general 

draftsmanship under any guidelines 

issued by the Attorney General. Section 

3(c) of Executive Order 12988 requires 

Executive agencies to review regulations 

in light of applicable standards in 

section 3(a) and section 3(b) to 

determine whether they are met or it is 

unreasonable to meet one or more of the 

standards. DOE has completed the 

required review and determined that, to 

the extent permitted by law, this 

proposed rule meets the relevant 

standards of Executive Order 12988. 

F. Review Under Executive Order 13132 

Executive Order 13132, ‘‘Federalism,’’ 

64 FR 43255 (August 10, 1999) imposes 

certain requirements on agencies 

formulating and implementing policies 

or regulations that preempt State law or 

that have federalism implications. 

Agencies are required to examine the 

constitutional and statutory authority 

supporting any action that would limit 

the policymaking discretion of the 

States and carefully assess the necessity 

for such actions. The Executive order 

also requires agencies to have an 

accountable process to ensure 

meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have federalism 

implications. On March 14, 2000, DOE 

published a statement of policy 

describing the intergovernmental 

consultation process it will follow in the 

development of such regulations. 65 FR 

13735. DOE has examined this proposed 

rule and has tentatively determined that 

it would not preempt State law and 

would not have 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. No further 


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action is required by Executive Order 

13132. 

G. Review Under Executive Order 13175 

Under Executive Order 13175 (65 FR 

67249, November 6, 2000) on 

‘‘Consultation and Coordination with 

Indian Tribal Governments,’’ DOE may 

not issue a discretionary rule that has 

‘‘Tribal’’ implications and imposes 

substantial direct compliance costs on 

Indian Tribal governments. DOE has 

determined that the proposed rule 

would not have such effects and 

concluded that Executive Order 13175 

does not apply to this proposed rule. 

H. Review Under the Unfunded 

Mandates Reform Act of 1995 

Title II of the Unfunded Mandates 

Reform Act (UMRA) of 1995 (Pub. L. 

104–4) requires each Federal agency to 

assess the effects of a Federal regulatory 

action on State, local, and Tribal 

governments, and the private sector. 

(Pub. L. 104–4, sec. 201 et seq. (codified 

at 2 U.S.C. 1531 et seq.)). For a proposed 

regulatory action likely to result in a 

rule that may cause the expenditure by 

State, local, and Tribal governments, in 

the aggregate, or by the private sector of 

$100 million or more in any one year 

(adjusted annually for inflation), section 

202 of UMRA requires a Federal agency 

to publish a written statement that 

estimates the resulting costs, benefits, 

and other effects on the national 

economy. (2 U.S.C. 1532(a), (b)) UMRA 

also requires a Federal agency to 

develop an effective process to permit 

timely input by elected officers of State, 

local, and Tribal governments on a 

proposed ‘‘significant Federal 

intergovernmental mandate,’’ and 

requires an agency plan for giving notice 

and opportunity for timely input to 

potentially affected small governments 

before establishing any requirements 

that might significantly or uniquely 

affect them. On March 18, 1997, DOE 

published a statement of policy on its 

process for intergovernmental 

consultation under UMRA. (62 FR 

12820) (This policy is also available at: 

www.energy.gov/gc/guidance-opinions 

under ‘‘Guidance & Opinions’’ 

(Rulemaking)). DOE examined the 

proposed rule according to UMRA and 

its statement of policy and has 

determined that the rule contains 

neither an intergovernmental mandate, 

nor a mandate that may result in the 

expenditure by State, local, and Tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any year. Accordingly, no further 

assessment or analysis is required under 

UMRA. 

I. Review Under Executive Order 12630 

DOE has determined, under Executive 

Order 12630, ‘‘Governmental Actions 

and Interference with Constitutionally 

Protected Property Rights’’ 53 FR 8859 

(March 18, 1988), that this proposed 

regulation would not result in any 

takings that might require compensation 

under the Fifth Amendment to the U.S. 

Constitution. 

J. Review Under Executive Order 13211 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use,’’ 66 FR 28355 (May 

22, 2001) requires Federal agencies to 

prepare and submit to the OIRA, which 

is part of OMB, a Statement of Energy 

Effects for any proposed significant 

energy action. A ‘‘significant energy 

action’’ is defined as any action by an 

agency that promulgates or is expected 

to lead to promulgation of a final rule, 

and that: (1)(i) is a significant regulatory 

action under Executive Order 12866, or 

any successor order; and (ii) is likely to 

have a significant adverse effect on the 

supply, distribution, or use of energy, or 

(2) is designated by the Administrator of 

OIRA as a significant energy action. For 

any proposed significant energy action, 

the agency must give a detailed 

statement of any adverse effects on 

energy supply, distribution, or use 

should the proposal be implemented, 

and of reasonable alternatives to the 

action and their expected benefits on 

energy supply, distribution, and use. 

This proposed regulatory action is not a 

significant energy action. Accordingly, 

DOE has not prepared a Statement of 

Energy Effects. 

K. Review Under the Treasury and 

General Government Appropriations 

Act, 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act, 1999 (Pub. L. 105–277) requires 

Federal agencies to issue a Family 

Policymaking Assessment for any 

proposed rule that may affect family 

well-being. This proposed rule would 

not have any impact on the autonomy 

or integrity of the family as an 

institution. Accordingly, DOE has 

concluded that it is not necessary to 

prepare a Family Policymaking 

Assessment. 

L. Review Under the Treasury and 

General Government Appropriations 

Act, 2001 

Section 515 of the Treasury and 

General Government Appropriations 

Act, 2001 (44 U.S.C. 3516) provides for 

Federal agencies to review most 

disseminations of information to the 

public under guidelines established by 

each agency pursuant to general 

guidelines issued by OMB. OMB’s 

guidelines were published at 67 FR 

8452 (February 22, 2002), and DOE’s 

guidelines were published at 67 FR 

62446 (October 7, 2002). Pursuant to 

OMB Memorandum M–19–15, 

Improving Implementation of the 

Information Quality Act (April 24, 

2019), DOE published updated 

guidelines which are available at: 

www.energy.gov/sites/prod/files/2019/ 

12/f70/DOE%20Final%20Updated

%20IQA%20Guidelines%20Dec

%202019.pdf. 

DOE has reviewed this proposed rule 

and will ensure that information 

produced under this regulation remains 

consistent with the applicable OMB and 

DOE guidelines. 

IV. Public Participation—Submission of 

Comments 

DOE will accept comments, data, and 

information regarding this proposed 

rule before or no later than the date 

provided in the DATES section at the 

beginning of this proposed rule. 

Interested individuals are invited to 

participate in this proceeding by 

submitting data, views, or arguments 

with respect to this proposed rule using 

the method described in the ADDRESSES

section at the beginning of this proposed 

rule. To help the Department review the 

submitted comments, commenters are 

requested to reference the paragraph(s), 

(e.g., § 1008.22(d)), to which they refer 

where possible. 

1. Submitting comments 

www.regulations.gov. The 

www.regulations.gov web page will 

require you to provide your name and 

contact information. Your contact 

information will be viewable by DOE’s 

Office of Privacy Management and 

Compliance staff only. Your contact 

information will not be publicly 

viewable except for your first and last 

names, organization name (if any), and 

submitter representative name (if any). 

If your comment is not processed 

properly because of technical 

difficulties, DOE will use this 

information to contact you. If DOE 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, DOE may not be 

able to consider your comment. 

However, your contact information will 

be publicly viewable if you include it in 

the comment itself or in any documents 

attached to your comment. Any 

information that you do not want to be 

publicly viewable should not be 

included in your comment, nor in any 

document attached to your comment. 

Persons viewing comments will see only 


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first and last names, organization 

names, correspondence containing 

comments, and any documents 

submitted with the comments. 

Do not submit to www.regulations.gov 

information for which disclosure is 

restricted by statute, such as trade 

secrets and commercial or financial 

information (hereinafter referred to as 

Confidential Business Information 

(CBI)). Comments submitted through 

www.regulations.gov cannot be claimed 

as CBI. Comments received through 

www.regulations.gov will waive any CBI 

claims for the information submitted. 

For information on submitting CBI, see 

the Confidential Business Information 

section. 

DOE processes submissions made 

through www.regulations.gov before 

posting. Normally, comments will be 

posted within a few days of being 

submitted. However, if large volumes of 

comments are being processed 

simultaneously, your comment may not 

be viewable for up to several weeks. 

Please keep the comment tracking 

number that www.regulations.gov 

provides after you have successfully 

uploaded your comment. 

Comments, data, and other 

information submitted to DOE 

electronically should be provided in 

PDF (preferred), Microsoft Word or 

Excel, WordPerfect, or text (ASCII) file 

format. Provide documents that are not 

secured, that are written in English, and 

that are free of any defects or viruses. 

Documents should not contain special 

characters or any form of encryption 

and, if possible, they should carry the 

electronic signature of the author. 

2. Confidential Business Information. 

Pursuant to the provisions of 10 CFR 

1004.11, anyone submitting information 

or data he or she believes to be 

confidential and exempt by law from 

public disclosure should submit two 

well-marked copies: one copy of the 

document marked ‘‘CONFIDENTIAL’’ 

including all the information believed to 

be confidential, and one copy of the 

document marked ‘‘NON– 

CONFIDENTIAL’’ with the information 

believed to be confidential deleted. 

Submit these documents via email. DOE 

will make its own determination as to 

the confidentiality of the information 

and treat it according to its 

determination. 

It is DOE’s policy that all comments 

may be included in the public docket, 

without change and as received, 

including any personal information 

provided in the comments (except 

information deemed to be exempt from 

public disclosure). 

3. Campaign form letters. Please 

submit campaign form letters by the 

originating organization in batches of 

between 50 to 500 form letters per PDF 

or as one form letter with a list of 

supporters’ names compiled into one or 

more PDFs. This reduces comment 

processing and posting time. 

V. Approval by the Office of the 

Secretary of Energy 

The Secretary of Energy has approved 

publication of this notice of proposed 

rulemaking. 

List of Subjects in 10 CFR Part 1008 

Administration practice and 

procedure, Freedom of information, 

Privacy, Reporting and recordkeeping 

requirements. 

Signing Authority 

This document of the Department of 

Energy was signed on November 9, 

2023, by Ann Dunkin, Senior Agency 

Official for Privacy, pursuant to 

delegated authority from the Secretary 

of Energy. That document with the 

original signature and date is 

maintained by DOE. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DOE Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

the Department of Energy. This 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Signed in Washington, DC, on November 

20, 2023. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

For the reasons set forth in the 

preamble, the Department of Energy 

proposes to amend part 1008 of chapter 

X of title 10 of the Code of Federal 

Regulations as set forth below: 

PART 1008—RECORDS MAINTAINED 

ON INDIVIDUALS (PRIVACY ACT) 

■ 1. The authority citation for part 1008 

continues to read as follows: 

Authority: 42 U.S.C. 7101 et seq.; 50 U.S.C. 

2401 et seq.; 5 U.S.C. 552a. 

■ 2. Amend § 1008.12 by adding 

paragraphs (a)(2)(iii); (b)(1)(ii)(N); 

(b)(2)(ii)(Q) and (b)(3)(ii)(S) to read as 

follows: 

§ 1008.12 Exemptions. 

(a) * * * 

(2) * * * 

(iii) Data Analytics Program Records 

(DOE–78). This System of Records is 

being exempted pursuant to paragraph 

(j)(2) of the Act to enable the Office of 

the Inspector General in the 

performance of its law enforcement 

function. The system is exempted from 

paragraphs (c)(3) and (4); (d)(1) through 

(4); (e)(1) through (3), (4)(G), (4)(H), and 

(4)(I); (e)(5) and (8); and (g) of the 

Privacy Act pursuant to 5 U.S.C. 

552a(j)(2). In addition, the system has 

been exempted from the Privacy Act, 

pursuant to 5 U.S.C. 552a(k)(1), (k)(2) 

and (k)(5). The system is exempt from 

these provisions for the following 

reasons: notifying an individual at the 

individual’s request of the existence of 

records in an investigative file 

pertaining to such individual, or 

granting access to an investigative file 

could: 

(A) Interfere with investigative and 

enforcement proceedings and with codefendants’ right to a fair trial; 

(B) Disclose the identity of 

confidential sources and reveal 

confidential information supplied by 

these sources; and 

(C) Disclose investigative techniques 

and procedures. 

(b) * * * 

(1) * * * 

(ii) * * * 

(N) Data Analytics Program Records 

(DOE–78). 

(2) * * * 

(ii) * * * 

(Q) Data Analytics Program Records 

(DOE–78). 

(3) * * * 

(ii) * * * 

(S) Data Analytics Program Records 

(DOE–78). 

* * * * * 

[FR Doc. 2023–25982 Filed 11–24–23; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[REG–131756–11] 

RIN 1545–BI49 

Transactions Between Related 

Persons and Partnerships 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This document contains 

proposed regulations that would update 

regulations regarding whether persons 

are treated as related persons who are 

subject to certain special rules 

pertaining to transactions with 

partnerships. The regulations affect 


khammond on DSKJM1Z7X2PROD with PROPOSALS