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[Federal Register Volume 89, Number 242 (Tuesday, December 17, 2024)]
[Rules and Regulations]
[Pages 101850-101854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29664]

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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.

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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: [email protected]; 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.

[[Page 101851]]

    Exemption from these particular Privacy Act requirements for DOE-42 
Nondiscrimination in Federally Assisted Programs Files is justified, on 
a case-by-case basis to be determined at the time a request is made for 
the following reasons:
    In particular, exemption from the Privacy Act's requirement in 
subsections (c)(3) (Accounting for Disclosures) is necessary 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.
    Exemption from the Privacy Act's requirement in subsection (d) 
(Access to Records) is necessary 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.
    Exemption from the Privacy Act's requirements in subsection (e)(1) 
(Relevancy and Necessity of Information) is necessary 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.
    On September 20, 2024, DOE published a notice of proposed 
rulemaking (NOPR) (89 FR 77040), and received one comment, discussed in 
detail below.

III. Summary of Public Comments

    DOE received one public comment in response to its NOPR, and while 
the commenter was generally supportive of the rule, it raised the 
following concerns:
    1. Concerns about exemption from subsection (c)(3): According to 
the commenter, the exemption from 5 U.S.C. 552a(c)(3) could lead to 
unauthorized disclosure or misuse of sensitive data, and result in 
abuse or information leaks. In lieu of this exemption, the commenter 
recommended the creation of partial exemptions or delayed disclosures.
    DOE respectfully disagrees with the commenter regarding the 
exemption from 5 U.S.C. 552a(c)(3). The record itself is protected from 
unauthorized disclosure and misuse pursuant to subsection (e)(9) of the 
Privacy Act, which requires the agency to establish appropriate 
administrative, technical, and physical safeguards to ensure the 
security and confidentiality of records. Additionally, the Privacy Act 
governs records about individuals, not about entities that are subject 
to the Federal civil rights laws that OCR-EEO enforces. Where such 
information does constitute a record about an individual, this system 
of records allows the exemption from 5 U.S.C. 552a(c)(3) to be waived 
on a case-by-case basis in appropriate circumstances where accounting 
for disclosures would not interfere with or otherwise adversely affect 
the law enforcement purposes of this system of records or the overall 
law enforcement process. Finally, this exemption protects against 
misuses of sensitive data by preventing an accounting for disclosures 
from being used to alter or destroy evidence, improperly influence or 
intimidate witnesses, or further other evasive actions that could 
impede or compromise an investigation. DOE does not agree with the 
commenter's recommendation to create partial exemptions or delayed 
disclosures, as this exemption prevents a record subject from using an 
accounting to retaliate against investigation witnesses or invade the 
privacy of victims or other persons who engaged in protected activity, 
including confidential sources who otherwise would be unwilling to come 
forward or participate in an OCR-EEO investigation.
    2. Concerns about the exemption from subsection (d): The commenter 
also asserted that the exemption from 5 U.S.C. 552a(d) raises serious 
fairness and due process concerns. In lieu of this exemption, the 
commenter recommended a tiered approach allowing individuals to request 
access to their records under certain conditions, such as when the 
information no longer poses a threat to law enforcement, or portions of 
the record are non-sensitive, or based on the record's relevance to the 
investigation.
    DOE respectfully disagrees with the commenter, and believes this 
exemption accords with the fairness and due process protections of 
subsection (k)(2) of the Privacy Act, which expressly provides that any 
individual who would be denied any right, privilege, or benefit that 
such person would otherwise be entitled by Federal law, or to which 
such individual would otherwise be eligible as a result of the 
maintenance of material within a system of records shall be provided 
such material, except to the extent that the disclosure of such 
material would reveal the identity of a source who furnished 
information to the Government under an express or implied promise that 
the identity of the source would be held in confidence. Additionally, 
subsection (e)(5) of the Privacy Act requires OCR-EEO to maintain all 
records used in making any determination about any individual with such 
accuracy, relevance, timeliness, and completeness as is reasonably 
necessary to assure fairness to the individual in the determination.
    3. Concerns about the exemption from (e)(1): The commenter 
additionally asserted that the exemption from 5 U.S.C. 552a (e)(1) 
raises concerns that DOE may retain information that is outdated, 
irrelevant, or unnecessarily harmful to individuals, which the 
commentor believes may lead to individuals being unfairly scrutinized 
or targeted based on information that is no longer accurate or relevant 
to the investigation. In relation to this exemption, the commenter 
recommended that DOE implement a regular review process based on a 
well-defined and publicly justifiable review standard, and also 
implement a central electronic repository to keep this system of 
records.
    For the following reasons, DOE respectfully disagrees with the 
commenter regarding the exemption from 5 U.S.C. 552a(e)(1). First, it 
is often impossible to determine the relevance and necessity of 
information in the early stages of collection, investigation, or 
adjudication. Second, the DOE regulations implementing Federal civil

[[Page 101852]]

rights laws define a federally assisted program or activity to mean all 
of the operations of any entity, any part of which is a recipient of 
Federal financial assistance from DOE. Third, information obtained 
during an OCR-EEO investigation may be relevant and necessary to the 
civil or criminal law enforcement activities of other Federal agencies, 
or concern a matter before Congress or a court of competent 
jurisdiction. Fourth, in furtherance of the administrative, technical, 
and physical safeguards delineated in the NOPR, the security and 
privacy controls applicable to this system of records are reviewed on 
an ongoing basis and updated in accordance with well-defined Federal 
government standards and DOE directives.
    In response to the commenter's conclusion that DOE should provide a 
more complete description of this system of records, DOE brings the 
commenter's attention to the ample description provided by the NOPR 
regarding the administrative, technical, and physical safeguards 
applicable to this system of records.

IV. Section 1008.12 Analysis

    This final rule adds line-item paragraph (b)(2)(ii)(Q), referencing 
``Nondiscrimination in Federally Assisted Program Files (DOE-42)''. 
This addition demonstrates that SORN DOE-42 is included among the other 
SORNs taking a subsection (k)(2) exemption under the Privacy Act of 
1974. Per current regulations located at 10 CFR 1008.12(b)(2)(ii), this 
exemption allows DOE to ``prevent subjects of investigation from 
frustrating the investigatory process through access to records about 
themselves or as a result of learning the identities of confidential 
informants; to prevent disclosure of investigative techniques; to 
maintain the ability to obtain necessary information; and thereby to 
insure the proper functioning and integrity of law enforcement 
activities.''

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 
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 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 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, 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 final 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 final 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 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 A5. DOE has determined that this final 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

[[Page 101853]]

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 would 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. (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 the final 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 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, 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

[[Page 101854]]

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%20Updated%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).

V. 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)

0
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.

0
2. Amend Sec.  1008.12 by adding paragraph (b)(2)(ii)(Q) to read as 
follows:

Sec.  1008.12  Exemptions.

* * * * *
    (b) * * *
    (2) * * *
    (ii) * * *
    (Q) Nondiscrimination in Federally Assisted Program Files (DOE-42)
* * * * *
[FR Doc. 2024-29664 Filed 12-16-24; 8:45 am]
BILLING CODE 6450-01-P
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