101846 Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Rules and Regulations 

■ 4. Amend § 121.3 by revising 

paragraph (b) to read as follows: 

§ 121.3 VS select agents and toxins. 

* * * * * 

(b) VS select agents and toxins are: 

(1) African swine fever virus; 

(2) Avian influenza virus; 

(3) Classical swine fever virus; 

(4) * Foot-and-mouth disease virus; 

(5) Goat pox virus; 

(6) Lumpy skin disease virus; 

(7) Mycoplasma capricolum; 

(8) Mycoplasma mycoides; 

(9) Newcastle disease virus; 1

(10) Peste des petits ruminants virus; 

(11) * Rinderpest virus; 

(12) Sheep pox virus; and 

(13) Swine vesicular disease virus. 

* * * * * 1A virulent Newcastle disease virus 

(avian paramyxovirus type 1) has an 

intracerebral pathogenicity index in 

day-old chicks (Gallus gallus) of 0.7 or 

greater, or has an amino acid sequence 

at the fusion (F) protein cleavage that is 

consistent with virulent strains of 

Newcastle disease virus and 

phenylalanine at residue 117 of the F1 

protein N-terminus, except for genotype 

VI viruses from columbid birds. 

■ 5. Amend § 121.4 by revising 

paragraph (b) to read as follows: 

§ 121.4 Overlap select agents and toxins. 

* * * * * 

(b) Overlap select agents and toxins 

are: 

(1) * Bacillus anthracis; 

(2) Bacillus anthracis (Pasteur strain); 

(3) * Burkholderia mallei; 

(4) * Burkholderia pseudomallei; 

(5) Hendra virus; 

(6) * Nipah virus; 

(7) Rift Valley fever virus; and 

(8) Venezuelan equine encephalitis 

virus. 

* * * * * 

Done in Washington, DC. 

Jennifer Moffitt, 

Undersecretary, Marketing and Regulatory 

Programs, USDA. 

[FR Doc. 2024–29567 Filed 12–16–24; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF ENERGY 

10 CFR Part 1008 

[DOE–HQ–2024–0085] 

RIN 1903–AA18 

Privacy Act of 1974: Implementation of 

Exemptions 

AGENCY: U.S. Department of Energy. 

ACTION: Final rule. 

SUMMARY: The Department of Energy 

(DOE or Department) is revising its 

regulations to exempt certain records 

maintained under a newly established 

system of records—DOE–85, Research, 

Technology, and Economic Security 

Due Diligence Review Records—from 

the notification and access provisions of 

the Privacy Act of 1974. The 

Department is exempting portions of 

this system of records from these 

subsections of the Privacy Act because 

of requirements related to classified 

information. 

DATES: This final rule is effective on 

January 16, 2025. 

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. Summary of Public Comments 

IV. Section 1008.12 Analysis 

V. 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 

M. Congressional Notification 

VI. 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 includes two sets of 

provisions that allow agencies to claim 

exemptions from certain requirements 

in the statute. These provisions allow 

agencies in certain circumstances to 

promulgate rules to exempt a system of 

records from certain provisions of the 

Privacy Act. For this system of records, 

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

Department exempts this system of 

records from subsections (c)(3); (d); 

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

of the Privacy Act. This exemption is 

needed to protect information relating to 

DOE activities from disclosure to 

subjects or others related to these 

activities. Specifically, the exemption is 

required to safeguard classified 

information. Pursuant to the Privacy Act 

and Office of Management and Budget 

(OMB) Circular A–108, Federal Agency 

Responsibilities for Review, Reporting, 

and Publication under the Privacy Act, 

DOE is issuing this Rule to make clear 

to the public the reasons why this 

particular exemption is being applied. 

II. Discussion 

The Department is exempting 

portions of a newly established system 

of records—DOE–85, Research, 

Technology, and Economic Security 

Due Diligence Review Records—from 

subsections (c)(3); (d); (e)(1), (e)(4)(G), 

(4)(H), and (4)(I); and (f) of the Privacy 

Act of 1974. To claim this exemption, 

DOE is amending 10 CFR 1008.12 by 

adding a new paragraph, (b)(1)(ii)(N). 

The Department exempts portions of 

this system of records from these 

subsections of the Privacy Act because 

of requirements related to classified 

information. 

The purpose of this system is to 

enhance DOE’s capabilities to aggregate, 

link, analyze, and maintain information 

used by the Department to assess 

research, technology, and economic 

security (RTES) risk. RTES risks may 

include risk of foreign government 

interference and exploitation, 

intellectual property (IP) loss, national 


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Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Rules and Regulations 101847 

1National Security Presidential Memorandum on 

United States Government-Supported Research and 

Development National Security Policy 33, issued 

January 14, 2021. 

security risk, conflicts of interest, and 

conflicts of commitment, and other 

parameters defined in DOE/National 

Nuclear Security Administration 

(NNSA) policy. The RTES analysis 

builds on pre-existing information 

provided by individuals and 

organizations that interact with DOE/ 

NNSA, paired with public records, and 

in some cases, classified information. 

Consistent with National Security 

Presidential Memorandum–33 1 (NSPM– 

33), applicable law, and existing DOE/ 

NNSA policies, the system records may 

be shared as appropriate with other 

Federal funding agencies and internally 

within DOE/NNSA to help ensure a 

coordinated and consistent approach to 

risk assessment. 

For this system of records, the system 

is exempted from subsections (c)(3); (d); 

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

of the Privacy Act pursuant to 5 U.S.C. 

552a(k)(1). This exemption is needed to 

protect information relating to DOE 

activities from disclosure to subjects or 

others related to these activities. 

Specifically, the exemption is required 

to safeguard classified information. 

This exemption is a standard national 

security exemption exercised by many 

Federal intelligence agencies. Although 

the RTES Office is not an intelligence 

agency, the system of records utilized by 

the RTES Office may include classified 

information obtained from Federal 

intelligence sources. 

Exemptions for DOE–85 Research, 

Technology, and Economic Security 

Due Diligence Review Records from this 

particular subsection of the Privacy Act 

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

determined at the time a request is made 

for the following reasons: 

From 5 U.S.C. 552a subsection (k)(1) 

because providing individuals access to 

classified information could cause 

serious damage to the national defense 

or foreign policy. 

On September 10, 2024, DOE 

published a notice of proposed 

rulemaking (NOPR) (89 FR 73312). This 

NOPR claimed the 5 U.S.C. 552a(k)(1) 

exemption listed in the preceding 

paragraph. As a result of this NOPR, 

DOE received one comment, discussed 

in section III of this document. 

III. Summary of Public Comments 

As mentioned in previously, DOE 

received one comment in response to 

the NOPR (DOE–HQ–2023–0058–0005). 

The commenter requested a clearer 

explanation of how conflicts of interest 

and commitment necessitate 

exemptions from the Privacy Act and for 

DOE to consider narrowing the scope of 

Privacy Act exemptions, particularly the 

exemption from 5 U.S.C. 552a(e)(1). The 

commenter points out that the 

exemption from 5 U.S.C. 522a(e)(1) is 

too broad and could result in the 

accumulation of unnecessary 

information, creating unintended 

consequences such as the misuse of 

personal information. Finally, the 

commenter also stated that Freedom of 

Information Act (FOIA) liability may 

also be triggered from people trying to 

get information they believe is held 

under exemption. 

As to the issue regarding conflicts of 

interest and commitment, DOE would 

like to clarify that the justification for 

exempting the system is based on the 

extent to which the system contains 

classified information. This is consistent 

with 10 CFR 1008.12(b)(1), where 5 

U.S.C. 552a(k)(1) applies to the system 

only ‘‘to the extent [that the system] 

contain[s] classified information, in 

order to prevent serious damage to the 

national defense or foreign policy that 

could arise from providing individuals 

access to classified information.’’ 

Determining if something is exempt will 

be done on a case-by-case basis, and if 

there is no classified information or 

national security information, then 

included information under 5 U.S.C. 

552a(k)(1) would not be exempt. 

As to the commenters concerns that 

the exemption from 5 U.S.C. 522a(e)(1) 

is too broad and could result in 

collection of irrelevant information, 

risking misuse of personal information, 

as well as concerns that the regulation 

could lead to legal challenges to 

withholding such information under 

FOIA, DOE respectfully disagrees. DOE 

makes clear in the NOPR and restates 

here, information within the system that 

meets the criteria of 5 U.S.C. 552a(k)(1) 

is exempted from disclosure from 5 

U.S.C. 552a(e)(1) and the other 

identified provisions. Information that 

fails to meet such criteria is not 

exempted from the provision. Therefore, 

the exemption from 5 U.S.C. 552a(e)(1) 

is sufficiently tailored for consistency 

with 10 CFR 1008.12(b)(1), and 

determinations will be made on a caseby-case basis. 

IV. Section 1008.12 Analysis 

This final rule amends 10 CFR 

1008.12(b)(1)(ii), by adding paragraph 

(b)(1)(ii)(N), referencing line item ‘‘(N) 

Research, Technology, and Economic 

Security Due Diligence Review Records 

(DOE–85)’’ to paragraph (b)(1)(ii). This 

addition will demonstrate that SORN 

DOE–85 is included among the other 

SORNs taking a 5 U.S.C. 552a (k)(1) 

exemption under the Privacy Act of 

1974. This exemption allows DOE to 

‘‘prevent serious damage to the national 

defense or foreign policy that could 

arise from providing individuals access 

to classified information.’’ 

V. Procedural Issues and Regulatory 

Review 

A. Review Under Executive Orders 

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 

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 this 

preamble, this final rule is consistent 

with these principles. 

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

agencies to submit ‘‘significant 

regulatory actions’’ to OIRA for review. 


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OIRA has determined that this final rule 

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 final rule 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 final rule under 

the provisions of the Regulatory 

Flexibility Act and the procedures and 

policies published on February 19, 

2003. DOE certifies that the final rule 

will not have significant economic 

impact on a substantial number of small 

entities. The factual basis for this 

certification is set forth below. 

This final rule will 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 final rule will 

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 final 

rule on small businesses. Small 

businesses, therefore, should not be 

adversely impacted by the requirements 

in this final rule. For these reasons, DOE 

certifies that this final rule will 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 final 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 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 A, 

paragraph A5. DOE has determined that 

this final rule is covered under the CX 

found in DOE’s NEPA regulations at 

paragraph A5 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 final 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 final 

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 final 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 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 this final rule will not 

have such effects and concluded that 

Executive Order 13175 does not apply 

to this final 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. 


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Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Rules and Regulations 101849 

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

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

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 

‘‘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 this final rule according to 

UMRA and its statement of policy and 

has determined that this final 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 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 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 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 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 final 

rule that may affect family well-being. 

This final 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%20

Updated%20IQA%20Guidelines

%20Dec%202019.pdf. 

DOE has reviewed this final rule and 

will ensure that information produced 

under this regulation remains consistent 

with the applicable OMB and DOE 

guidelines. 

M. Congressional Review 

As required by 5 U.S.C. 801, DOE will 

report to Congress on the promulgation 

of this rule prior to its effective date. 

The report will state that the rule does 

not, meet the criteria set forth in 5 

U.S.C. 804(2). 

VI. Approval by the Office of the 

Secretary of Energy 

The Secretary of Energy has approved 

publication of this Final rule. 

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 December 11, 

2024, 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 December 

12, 2024. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

For the reasons set forth in the 

preamble, the Department of Energy 

amends 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. 552; 5 U.S.C. 552a; 42 

U.S.C. 7254; and 5 U.S.C. 301. Section 

1008.22(c) also issued under 42 U.S.C. 405 

note. 

■ 2. Amend § 1008.12 by adding 

paragraph (b)(1)(ii)(N) to read as 

follows: 

§ 1008.12 Exemptions. 

* * * * * 

(b) * * * 

(1) * * * 

(ii) * * * 


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101850 Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Rules and Regulations 

(N) Research, Technology, and 

Economic Security Due Diligence 

Review Records (DOE–85). 

* * * * * 

[FR Doc. 2024–29666 Filed 12–16–24; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 1008 

[DOE–HQ–2024–0084] 

RIN 1903–AA16 

Privacy Act of 1974: Implementation of 

Exemptions 

AGENCY: U.S. Department of Energy. 

ACTION: Final rule. 

SUMMARY: The Department of Energy 

(DOE or Department) is revising its 

regulations to exempt certain records 

maintained under a newly established 

system of records—DOE–42 

Nondiscrimination in Federally 

Assisted Programs Files—from the 

notification and access provisions of the 

Privacy Act of 1974. The Department is 

exempting portions of this system of 

records from these subsections of the 

Privacy Act because of requirements 

related to investigatory material 

compiled for law enforcement purposes. 

DATES: This final rule is effective on 

January 16, 2025. 

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. Summary of Public Comments 

IV. Section 1008.12 Analysis 

V. 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 

M. Congressional Review 

VI. 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 includes two sets of 

provisions that allow agencies to claim 

exemptions from certain requirements 

in the statute. These provisions allow 

agencies in certain circumstances to 

promulgate rules to exempt a system of 

records from certain provisions of the 

Privacy Act. For this system of records, 

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

Department exempts this system of 

records from subsections (c)(3); (d); and 

(e)(1) of the Privacy Act. This exemption 

is needed to protect from disclosure 

investigatory material compiled for law 

enforcement purposes. Pursuant to the 

Privacy Act and Office of Management 

and Budget (OMB) Circular A–108, 

Federal Agency Responsibilities for 

Review, Reporting, and Publication 

under the Privacy Act, DOE is issuing 

this final rule to make clear to the 

public the reasons why this particular 

exemption is being applied. 

II. Discussion 

DOE is claiming an exemption from 

certain requirements of the Privacy Act 

for a new system of records: DOE–42 

Nondiscrimination in Federally 

Assisted Programs Files. 

The Department is exempting 

portions of a newly established system 

of records—DOE–42 Nondiscrimination 

in Federally Assisted Programs Files— 

from subsections (c)(3); (d); and (e)(1) of 

the Privacy Act of 1974. To claim this 

exemption, DOE is amending 10 CFR 

1008.12 by adding a new paragraph, 

(b)(2)(ii)(R). The Department exempts 

portions of this system of records from 

these subsections of the Privacy Act 

because of requirements related to the 

compilation of investigatory material for 

law enforcement purposes. 

DOE–42 Nondiscrimination in 

Federally Assisted Programs Files will 

provide a central electronic repository 

to: (i) maintain all records used by 

OCR–EEO personnel in making Federal 

civil rights compliance determinations 

with accuracy, relevance, timeliness, 

and completeness to assure fairness to 

the individual(s) in the determination; 

(ii) create appropriate administrative, 

technical, and physical safeguards that 

ensure the security and confidentiality 

of records and protect against any 

anticipated threats to their security or 

integrity and; (iii) create rules of 

conduct for authorized OCR–EEO 

personnel involved in the operation, 

maintenance, and routine uses for this 

system records. 

For this system of records, DOE is 

claiming the Privacy exemption from 

requirements in subsections (c)(3); (d); 

and (e)(1) of the Privacy Act. In 

addition, the system has been exempted 

from the Privacy Act, pursuant to 5 

U.S.C. 552a(k)(2). These exemptions are 

needed to protect information relating to 

DOE activities from disclosure to 

subjects or others related to these 

activities. Specifically, these 

exemptions from the Privacy Act are 

necessary in order 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. Disclosure of 

information to the subject of the inquiry 

could also permit the subject to avoid 

detection or apprehension. 

Exemption from these Privacy Act 

requirements is standard for law 

enforcement and national security 

matters and are often 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 

exemption of these requirements may be 

waived on a case-by-case basis. 


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