Privacy Act of 1974; System of Records, 35637-35640 [2018-16117]

Download as PDF amozie on DSK3GDR082PROD with NOTICES1 Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Notices information claimed to be Confidential Business Information (CBI), or other information whose disclosure is restricted by statute. FOR FURTHER INFORMATION CONTACT: Patrick Yellin, Monitoring, Assistance, and Media Programs Division, Office of Compliance, Mail Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 564– 2970; fax number: (202) 564–0050; email address: yellin.patrick@epa.gov. SUPPLEMENTARY INFORMATION: Supporting documents, which explain in detail the information that the EPA will be collecting, are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov, or in person at the EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone number for the Docket Center is 202–566–1744. For additional information about EPA’s public docket, visit: http:// www.epa.gov/dockets. Abstract: Owners and operators of affected facilities are required to comply with reporting and record keeping requirements for the General Provisions (40 CFR part 60, subpart A), as well as the specific requirements at 40 CFR part 60, subpart F. This includes submitting initial notifications, performance tests and periodic reports and results, and maintaining records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. These reports are used by EPA to determine compliance with the standards. Form numbers: None. Respondents/affected entities: Portland cement plants. Respondent’s obligation to respond: Mandatory (40 CFR part 60, subpart F). Estimated number of respondents: 95 (total). Frequency of response: Initially and semiannually. Total estimated burden: 14,500 hours (per year). Burden is defined at 5 CFR 1320.3(b). Total estimated cost: $2,290,000 (per year), which includes $767,000 in annualized capital startup and/or operation and maintenance costs. Changes in the estimates: There is a small adjustment decrease in the respondent labor hours and the total capital and O&M costs from the mostrecently approved ICR due to a decrease in the number of respondents. Consistent with past ICRs, this ICR uses the most recent data from EPA’s VerDate Sep<11>2014 17:38 Jul 26, 2018 Jkt 244001 35637 Greenhouse Gas Reporting Program to estimate the respondent universe, which shows a decrease of 1 respondent as compared to the previous ICR. Dated: July 24, 2018. Kelly Knight, Acting Director, Office of Federal Activities. Courtney Kerwin, Director, Regulatory Support Division. BILLING CODE 6560–50–P [FR Doc. 2018–16070 Filed 7–26–18; 8:45 am] BILLING CODE 6560–50–P [FR Doc. 2018–16094 Filed 7–26–18; 8:45 am] ENVIRONMENTAL PROTECTION AGENCY [FRL–9980–97–OEI] ENVIRONMENTAL PROTECTION AGENCY [ER–FRL–9040–5] Responsible Agency: Office of Federal Activities, General Information (202) 564–7156 or https://www2.epa.gov/ nepa/. Weekly receipt of Environmental Impact Statements Filed 07/16/2018 Through 07/20/2018 Pursuant to 40 CFR 1506.9. Notice Section 309(a) of the Clean Air Act requires that EPA make public its comments on EISs issued by other Federal agencies. EPA’s comment letters on EISs are available at: https:// cdxnodengn.epa.gov/cdx-enepa-public/ action/eis/search. EIS No. 20180165, Draft, USFS, CA, Williamson Rock and Pacific Crest Trail, Comment Period Ends: 09/14/ 2018, Contact: Chinling Chen 626– 574–5255 EIS No. 20180166, Final Supplement, FHWA, AK, Juneau Access Improvements Project, Under 23 U.S.C. 139(n)(2), FTA has issued a single document that consists of a final environmental impact statement and record of decision. Therefore, the 30-day wait/review period under NEPA does not apply to this action. Contact: Tim Haugh 907–586–7418 EIS No. 20180167, Draft, NMFS, DC, Draft Amendment 11 to the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan, Comment Period Ends: 10/01/2018, Contact: Guy DuBeck 301–427–8503 EIS No. 20180168, Draft, USACE, AL, Mobile Harbor, Mobile, Alabama Draft Integrated General Reevaluation Report with Supplemental, Comment Period Ends: 09/10/2018, Contact: Jennifer L. Jacobson 251–690–2724 EIS No. 20180169, Final, BLM, NV, Gold Rock Mine Project, Comment Period Ends: 08/29/2018, Contact: Maria Ryan 775–289–1888 Frm 00034 Fmt 4703 Office of Environmental Information, Environmental Protection Agency (EPA). ACTION: Notice of a new system of records. AGENCY: Environmental Impact Statements; Notice of Availability PO 00000 Privacy Act of 1974; System of Records Sfmt 4703 The Environmental Protection Agency’s (EPA) Office of Environmental Information (OEI), Office of Enterprise Information Programs (OEIP), eDiscovery Division, is giving notice that it proposes to establish a new system of records pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C. 552a). The new system of records will contain information collected using the Agency’s suite of tools that search and preserve electronically stored information (ESI) in support of eDiscovery requests, Freedom of Information Act (FOIA) requests or other formal information requests. Exemptions for this system of records will be included in the Agency’s update of its Privacy Act regulations at 40 CFR part 16. DATES: Persons wishing to comment on this system of records notice must do so by. If no comments are received, the systems of records notice will become effective by August 27, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OEI–2012–0882, to the Federal eRulemaking Portal: http:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or withdrawn. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information for which disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, SUMMARY: E:\FR\FM\27JYN1.SGM 27JYN1 amozie on DSK3GDR082PROD with NOTICES1 35638 Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Notices cloud or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Brian K. Thompson, Acting Director, eDiscovery Division, Office of Environmental Protection Agency, U.S. Environmental Protection Agency, Mail Code 2822T, 1200 Pennsylvania Avenue NW, Washington, DC 20460; email, thompson.briank@epa.gov; telephone number, 202–564–4256. SUPPLEMENTARY INFORMATION: The U.S. Environmental Protection Agency (EPA) plans to establish a Privacy Act system of records for information collected using its eDiscovery (electronic discovery) Enterprise Tool Suite. Depending on the specific need, the Agency will use a combination of several electronic tools that together assist with the preservation, search, processing, review and production of electronically stored information (ESI). The tool suite will be used to preserve, search, collect, sort and review ESI including email messages, word processing documents, media files, spreadsheets, presentations, scanned documents and data sets in support of legal discovery. The Agency will also use these tools to search for ESI that is responsive to requests for information submitted under FOIA or other formal information requests. To minimize the risk of compromising the information that is being stored in the system, strict access controls have been imposed. Access to the tool suite containing records is restricted to a limited number of authorized users with the appropriate security clearances and password permissions. Access to the system is further limited by user type. System administrators have full access to the tool suite, including the ability to perform administrative functions. Other users are provided a level of access to the tool suite that is commensurate with their role in the system, allowing them to perform the functions for which they are authorized. Authorized users include federal and contract staff located throughout the country. The system is maintained in secure areas and buildings with physical access controls. The eDiscovery Enterprise Tool Suite is maintained by the Office of Environmental Information and is stored on servers located in Washington, DC, and Durham, NC. Data retrieved are stored on servers and work stations throughout the country. The VerDate Sep<11>2014 17:38 Jul 26, 2018 Jkt 244001 information contained in the system can be wide-ranging and potentially include emails, documents and other sources of ESI collected from custodians and may contain personally identifiable information. The information in the system will also contain the names and EPA email addresses of EPA employees, contractors, and grantees who have been identified as potential information custodians. Privacy information may be included in the ESI collected and maintained in the system. Individuals for whom records are maintained in the system include, but are not limited to, those individuals who have been identified as potential information custodians in a litigation, investigation, FOIA matter or other formal information request and those individuals whose information may appear in such records. The system will aid in protecting the privacy of individuals from unwarranted disclosure by allowing authorized users of the tool suite to identify files that contain privacy information to be protected from disclosure. EPA will safeguard individuals’ privacy in a manner consistent with the Privacy Act, EGovernment Act, OMB directives and other federal requirements concerning privacy. Accordingly, the privacy of individuals should not be affected. SYSTEM NAME AND NUMBER eDiscovery Enterprise Tool Suite, EPA–63. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION: eDiscovery Enterprise Tool Suite, U.S. Environmental Protection Agency, eDiscovery Division, Office of Enterprise Information Programs, Office of Environmental Information, 1200 Pennsylvania Avenue NW, Washington, DC 20460. Records are also maintained in Research Triangle Park, 109 T.W. Alexander Drive, Durham, NC 27709. SYSTEM MANAGER(S): Greg Duke, eDiscovery Division, Office of Enterprise Information Programs, Office of Environmental Information, MC 3PM50, 1650 Arch Street, Philadelphia, PA 19103. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 40 U.S.C. 11315 and 44 U.S.C. 3506. PURPOSE(S) OF THE SYSTEM: To support the document identification and collection processes for eDiscovery, Freedom of Information Act requests and other formal information requests. PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Categories of individuals covered by this system include: (1) All persons subject to a litigation hold due to a ‘‘reasonable anticipation of litigation’’ as determined by EPA; (2) all persons deemed a participant of past or present litigation, investigation or arbitration where EPA is involved, including civil and criminal enforcement cases and defensive litigation; and (3) individuals impacted by Freedom of Information Act (FOIA) requests, litigation or other cases in EPA. A wide variety of individuals are covered by the system, including individuals who correspond with EPA; provide information to EPA that is subject to discovery, a FOIA request or other formal information request; or are the subject of litigation with EPA; individuals who file complaints or petitions with EPA; and individuals involved in matters with EPA as either plaintiffs or defendants in both civil and criminal matters. CATEGORIES OF RECORDS IN THE SYSTEM: • eDiscovery Litigation Hold Files. The litigation hold files contain the names and email addresses of EPA employees and EPA contractors, interns, or grantees who have been provided EPA email addresses and who have been identified as custodians of information that needs to be preserved in the anticipation of litigation. The records in the system will include these individuals’ names and EPA email addresses which are entered into the system by designated EPA employees responsible for the administration of litigation holds. Information in the system includes litigation hold notices and answers to certification questions. Reports may be generated from the system that identify whether an individual is designated as a custodian of hold-responsive information, as well as reports containing the information received from individuals in response to questions asked through the litigation hold system. • eDiscovery Case Tracking Files. The case tracking files contain information about the cases created in response to a litigation, investigation, FOIA matter or other formal information request. Case tracking files may contain the names, phone numbers, organizations, and email addresses of EPA employees and EPA contractors, interns, or grantees who have been identified as custodians in a case or as points of contact for managing the case. Information in the case tracking files may include the location of the information to be searched, search terms and case notes E:\FR\FM\27JYN1.SGM 27JYN1 amozie on DSK3GDR082PROD with NOTICES1 Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Notices entered into the system by designated EPA employees or contractors responsible for operating EPA’s eDiscovery Enterprise Tool Suite. • eDiscovery Collection Files. The collection files contain information potentially responsive to a litigation, investigation, FOIA matter or other formal information request. The Tool Suite may capture many types of personally identifiable information depending on where that information is stored, including an individual’s name; work address and telephone number; home address and telephone number; email addresses; vehicle information; names of individuals associated with a FOIA request or litigation hold; or other related information. The collection files contain all data collected by the tools using the search criteria and may contain, but not be limited to, correspondence (e.g., case coordination reports; memoranda and other records of communication, including electronic communication over email systems or instant messaging among other EPA employees and/or personnel of other federal agencies and outside parties and attachments to those messages or communications); local/shared drive data; information collected or compiled from EPA database systems; spreadsheets of data collections often including personally identifiable information or law enforcement data used to track the process of investigations or focus investigative priorities; records relating to litigation by or against the United States government; records relating to requests for EPA records other than requests under the FOIA and the Privacy Act of 1974; legal documents including complaints, summaries, affidavits, litigation reports, motions, subpoenas and any other court filing or administrative filing, or other related litigation documents; documentary evidence; supporting documents related to the legal and programmatic issues of a case; transcripts of interviews; regulatory history (i.e., permits and reports generated as a result of normal program activity); administrative record material and comments on administrative records; technical support (reports generated to test search criteria); investigative notes; reports requesting permission and use; transcripts of tapes; records checks (personal history, police information, fingerprint cards, photographs); property reports; property obtained and retained by an examiner including documents, personal property and documentary or other evidence; employment records and information VerDate Sep<11>2014 17:38 Jul 26, 2018 Jkt 244001 related to employment matters; claims and records regarding discrimination, including employment and sex discrimination; personnel matters; contracts and information relating to contracts; manifests and other related investigative information. RECORD SOURCE CATEGORIES: EPA employees; employees of federal contractors; employees of other federal agencies and of state, local, tribal and foreign agencies; witnesses; informants; public source materials; and other persons who may have information relevant to the search criteria. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES: EPA’s General Routine Uses A, C, D, E, F, G, H, I, K, and L apply to this system. Please refer to https:// www.federalregister.gov/documents/ 2008/01/14/E8-445/amendment-togeneral-routine-uses for a full explanation of these routine uses (73 FR 2245). POLICIES AND PRACTICES FOR STORAGE OF RECORDS: Records in the system are stored in database applications running on computer servers. POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS: Litigation hold and case tracking files are assigned a case file control number or case name. Information collected from individuals pertaining to particular cases may be retrieved by names of individuals, email addresses, and other unique identifiers. POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS: Records stored in the system are subject to records schedule 1012 and 0089. ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS: Computer records are maintained in a secure, password protected computer system. Role-based access controls limit a user’s access to the information in the system. Users are provided access to information in the system based on their need to know. Individuals working on a particular matter will be given access to the information related to that matter. The eDiscovery Enterprise Tool Suite is a password protected system requiring all users log in to access the information in the system. The system times out after a period of latency ensuring a user re-authenticates their session with a username and password. The system also maintains a user log that identifies PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 35639 and records persons who access and use the system. Users of EPA systems are required to complete security and privacy training on an annual basis to ensure continued access to the system. All records are maintained in secure areas and buildings with physical access controls. RECORD ACCESS PROCEDURES: Request for access must be made in accordance with the procedures described in EPA’s Privacy Act regulations at 40 CFR part 16. Requesters will be required to provide adequate identification, such as a driver’s license, employee identification card or other identifying document. Additional identification procedures may be required in some instances. CONTESTING RECORD PROCEDURES: Requests for correction or amendment must identify the record to be changed and the corrective action sought. Complete EPA Privacy Act procedures are described in EPA’s Privacy Act regulations at 40 CFR part 16. NOTIFICATION PROCEDURES: Any individual who wants to know whether this system of records contains a record about him or her should make a written request to the Agency Privacy Officer, MC 2831T, 1200 Pennsylvania Avenue NW, Washington, DC 20460. EXEMPTIONS PROMULGATED FOR THE SYSTEM: For those records within the system collected and maintained pursuant to the Federal Rules of Civil Procedure (FRCP) and/or for the purpose of civil discovery, action or proceeding, 5 U.S.C. 552a(d)(5) will apply, stating that ‘‘nothing in this [Act] shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding.’’ In addition, pursuant to 5 U.S.C. 552a(k)(2), this system is exempt from the following provisions of the Privacy Act, subject to the limitations set forth in that subsection: 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H) and (f)(2) through (5). Finally, pursuant to 5 U.S.C. 552a(j)(2), when records are contained in this system related to a criminal enforcement proceeding, this system is exempt from the following provisions of the Privacy Act, subject to the limitations set forth in that subsection: 5 U.S.C. 552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5), (e)(8), (f)(2) through (f)(5) and (g). HISTORY: None. E:\FR\FM\27JYN1.SGM 27JYN1 35640 Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Notices Dated: May 30, 2018. Steven Fine, Principal Deputy Assistant Administrator. 418–0530 (voice), (844) 432–2275 (videophone), or (202) 418–0432 (TTY). Synopsis [FR Doc. 2018–16117 Filed 7–26–18; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION [CG Docket No. 03–123; DA 18–733] Notice of Certification of State Telecommunications Relay Services (TRS) Programs Federal Communications Commission. ACTION: Notice. AGENCY: In this document, the Federal Communications Commission’s (FCC or Commission) Consumer and Governmental Affairs Bureau (Bureau) hereby grants renewals of certifications to the state and U.S. territory TRS programs listed below. DATES: These certifications, conditioned on a demonstration of ongoing compliance with the Commission’s rules governing TRS, shall remain in effect for a five (5) year period, beginning July 26, 2018, and ending July 25, 2023, pursuant to 47 CFR 64.606(c). Beginning one year prior to the expiration of these certifications, July 25, 2022, each state or U.S. territory may apply for renewal of its TRS program certification by filing documentation in accordance with the Commission’s rules, pursuant to 47 CFR 64.606(a). FOR FURTHER INFORMATION CONTACT: Dana Wilson, Consumer and Governmental Affairs Bureau at: (202) 418–2247; email: Dana.Wilson@fcc.gov. SUPPLEMENTARY INFORMATION: The full text of this document and copies of the filed applications are available for public inspection and copying during regular business hours at the FCC Reference Information Center, Portal II, 445 12th Street SW, Room CY–A257, Washington, DC 20554. Applications also may be found by searching on the Commission’s Electronic Comment Filing System at: http://apps.fcc.gov/ ecfs/ (insert CG Docket No. 03–123 into the Proceeding block). This document can also be downloaded in Word and Portable Document Format (PDF) at https://www.fcc.gov/general/disabilityrights-office-headlines. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to fcc504@ fcc.gov or call the Consumer and Governmental Affairs Bureau at (202) amozie on DSK3GDR082PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:38 Jul 26, 2018 Jkt 244001 After reviewing each of the state and U.S. territory applications received, the Bureau has determined that: (1) The TRS programs of the listed states and U.S. territories meet or exceed all operational, technical, and functional minimum standards contained in § 64.604 of the Commission’s rules; (2) The TRS programs of the listed states and U.S. territories make available adequate procedures and remedies for enforcing the requirements of their state and U.S. territory programs; and (3) The TRS programs of the listed states and U.S. territories in no way conflict with federal law. The Bureau also has determined that, where applicable, the intrastate funding mechanisms of the listed states and U.S. territories are labeled in a manner that promotes national understanding of TRS and does not offend the public, consistent with § 64.606(d) of the Commission’s rules. STATES AND U.S. TERRITORIES APPROVED FOR CERTIFICATION File No: TRS–46–17 Alabama Public Service Commission State of Alabama File No: TRS–19–17 Regulatory Commission of Alaska State of Alaska File No: TRS–47–17 Arkansas Deaf and Hearing Impaired Telecommunications Service Corporation State of Arkansas File No: TRS–02–17 Arizona Commission for the Deaf and Hard of Hearing State of Arizona File No: TRS–32–17 California Public Utilities Commission State of California File No: TRS–23–17 Colorado Public Utilities Commission State of Colorado File No: TRS–48–17 Connecticut Public Utilities Regulatory Authority State of Connecticut File No: TRS–35–17 Delaware Public Service Commission State of Delaware File No: TRS–49–17 Public Service Commission of the District of Columbia District of Columbia File No: TRS–50–17 Florida Public Service Commission State of Florida File No: TRS–51–17 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 Georgia Public Service Commission State of Georgia File No: TRS–22–17 Hawaii Public Utilities Commission State of Hawaii File No: TRS–43–17 Idaho Public Service Commission State of Idaho File No: TRS–10–17 Illinois Commerce Commission State of Illinois File No: TRS–08–17 Indiana Telephone Relay Access Corporation State of Indiana File No: TRS–03–17 Iowa Utilities Board State of Iowa File No: TRS–07–17 Kansas Dual Party Relay Services State of Kansas File No: TRS–52–17 Kentucky Public Service Commission Commonwealth of Kentucky File No: TRS–13–17 Louisiana Relay Administration Board State of Louisiana File No: TRS–53–17 Maine Telecommunications Relay Service Advisory Council State of Maine File No: TRS–33–17 Maryland Department of Information Technology Telecommunications Access of Maryland State of Maryland File No: TRS–34–17 Massachusetts Department of Telecommunications and Cable Commonwealth of Massachusetts File No: TRS–54–17 Michigan Public Service Commission State of Michigan File No: TRS–39–17 Minnesota Department of Commerce—Telecommunications Access Minnesota State of Minnesota File No: TRS–55–17 Mississippi Public Service Commission State of Mississippi File No: TRS–15–17 Missouri Public Service Commission State of Missouri File No: TRS–56–17 Montana Department of Public Health and Human Services State of Montana File No: TRS–40–17 Nebraska Public Service Commission State of Nebraska File No: TRS–25–17 Nevada Department of Health and Human Services Aging and Disability Services State of Nevada File No: TRS–42–17 New Hampshire Public Service E:\FR\FM\27JYN1.SGM 27JYN1

Agencies

[Federal Register Volume 83, Number 145 (Friday, July 27, 2018)]
[Notices]
[Pages 35637-35640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16117]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9980-97-OEI]


Privacy Act of 1974; System of Records

AGENCY: Office of Environmental Information, Environmental Protection 
Agency (EPA).

ACTION: Notice of a new system of records.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency's (EPA) Office of 
Environmental Information (OEI), Office of Enterprise Information 
Programs (OEIP), eDiscovery Division, is giving notice that it proposes 
to establish a new system of records pursuant to the provisions of the 
Privacy Act of 1974 (5 U.S.C. 552a). The new system of records will 
contain information collected using the Agency's suite of tools that 
search and preserve electronically stored information (ESI) in support 
of eDiscovery requests, Freedom of Information Act (FOIA) requests or 
other formal information requests. Exemptions for this system of 
records will be included in the Agency's update of its Privacy Act 
regulations at 40 CFR part 16.

DATES: Persons wishing to comment on this system of records notice must 
do so by. If no comments are received, the systems of records notice 
will become effective by August 27, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OEI-2012-0882, to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or withdrawn. The 
EPA may publish any comment received to its public docket. Do not 
submit electronically any information you consider to be Confidential 
Business Information (CBI) or other information for which disclosure is 
restricted by statute. Multimedia submissions (audio, video, etc.) must 
be accompanied by a written comment. The written comment is considered 
the official comment and should include discussion of all points you 
wish to make. The EPA will generally not consider comments or comment 
contents located outside of the primary submission (i.e., on the web,

[[Page 35638]]

cloud or other file sharing system). For additional submission methods, 
the full EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Brian K. Thompson, Acting Director, 
eDiscovery Division, Office of Environmental Protection Agency, U.S. 
Environmental Protection Agency, Mail Code 2822T, 1200 Pennsylvania 
Avenue NW, Washington, DC 20460; email, [email protected]; 
telephone number, 202-564-4256.

SUPPLEMENTARY INFORMATION: The U.S. Environmental Protection Agency 
(EPA) plans to establish a Privacy Act system of records for 
information collected using its eDiscovery (electronic discovery) 
Enterprise Tool Suite. Depending on the specific need, the Agency will 
use a combination of several electronic tools that together assist with 
the preservation, search, processing, review and production of 
electronically stored information (ESI). The tool suite will be used to 
preserve, search, collect, sort and review ESI including email 
messages, word processing documents, media files, spreadsheets, 
presentations, scanned documents and data sets in support of legal 
discovery. The Agency will also use these tools to search for ESI that 
is responsive to requests for information submitted under FOIA or other 
formal information requests.
    To minimize the risk of compromising the information that is being 
stored in the system, strict access controls have been imposed. Access 
to the tool suite containing records is restricted to a limited number 
of authorized users with the appropriate security clearances and 
password permissions. Access to the system is further limited by user 
type. System administrators have full access to the tool suite, 
including the ability to perform administrative functions. Other users 
are provided a level of access to the tool suite that is commensurate 
with their role in the system, allowing them to perform the functions 
for which they are authorized. Authorized users include federal and 
contract staff located throughout the country. The system is maintained 
in secure areas and buildings with physical access controls. The 
eDiscovery Enterprise Tool Suite is maintained by the Office of 
Environmental Information and is stored on servers located in 
Washington, DC, and Durham, NC. Data retrieved are stored on servers 
and work stations throughout the country. The information contained in 
the system can be wide-ranging and potentially include emails, 
documents and other sources of ESI collected from custodians and may 
contain personally identifiable information. The information in the 
system will also contain the names and EPA email addresses of EPA 
employees, contractors, and grantees who have been identified as 
potential information custodians. Privacy information may be included 
in the ESI collected and maintained in the system. Individuals for whom 
records are maintained in the system include, but are not limited to, 
those individuals who have been identified as potential information 
custodians in a litigation, investigation, FOIA matter or other formal 
information request and those individuals whose information may appear 
in such records. The system will aid in protecting the privacy of 
individuals from unwarranted disclosure by allowing authorized users of 
the tool suite to identify files that contain privacy information to be 
protected from disclosure. EPA will safeguard individuals' privacy in a 
manner consistent with the Privacy Act, E-Government Act, OMB 
directives and other federal requirements concerning privacy. 
Accordingly, the privacy of individuals should not be affected.
SYSTEM NAME AND NUMBER
    eDiscovery Enterprise Tool Suite, EPA-63.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    eDiscovery Enterprise Tool Suite, U.S. Environmental Protection 
Agency, eDiscovery Division, Office of Enterprise Information Programs, 
Office of Environmental Information, 1200 Pennsylvania Avenue NW, 
Washington, DC 20460. Records are also maintained in Research Triangle 
Park, 109 T.W. Alexander Drive, Durham, NC 27709.

SYSTEM MANAGER(S):
    Greg Duke, eDiscovery Division, Office of Enterprise Information 
Programs, Office of Environmental Information, MC 3PM50, 1650 Arch 
Street, Philadelphia, PA 19103.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    40 U.S.C. 11315 and 44 U.S.C. 3506.

PURPOSE(S) OF THE SYSTEM:
    To support the document identification and collection processes for 
eDiscovery, Freedom of Information Act requests and other formal 
information requests.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Categories of individuals covered by this system include: (1) All 
persons subject to a litigation hold due to a ``reasonable anticipation 
of litigation'' as determined by EPA; (2) all persons deemed a 
participant of past or present litigation, investigation or arbitration 
where EPA is involved, including civil and criminal enforcement cases 
and defensive litigation; and (3) individuals impacted by Freedom of 
Information Act (FOIA) requests, litigation or other cases in EPA.
    A wide variety of individuals are covered by the system, including 
individuals who correspond with EPA; provide information to EPA that is 
subject to discovery, a FOIA request or other formal information 
request; or are the subject of litigation with EPA; individuals who 
file complaints or petitions with EPA; and individuals involved in 
matters with EPA as either plaintiffs or defendants in both civil and 
criminal matters.

CATEGORIES OF RECORDS IN THE SYSTEM:
     eDiscovery Litigation Hold Files. The litigation hold 
files contain the names and email addresses of EPA employees and EPA 
contractors, interns, or grantees who have been provided EPA email 
addresses and who have been identified as custodians of information 
that needs to be preserved in the anticipation of litigation. The 
records in the system will include these individuals' names and EPA 
email addresses which are entered into the system by designated EPA 
employees responsible for the administration of litigation holds. 
Information in the system includes litigation hold notices and answers 
to certification questions. Reports may be generated from the system 
that identify whether an individual is designated as a custodian of 
hold-responsive information, as well as reports containing the 
information received from individuals in response to questions asked 
through the litigation hold system.
     eDiscovery Case Tracking Files. The case tracking files 
contain information about the cases created in response to a 
litigation, investigation, FOIA matter or other formal information 
request. Case tracking files may contain the names, phone numbers, 
organizations, and email addresses of EPA employees and EPA 
contractors, interns, or grantees who have been identified as 
custodians in a case or as points of contact for managing the case. 
Information in the case tracking files may include the location of the 
information to be searched, search terms and case notes

[[Page 35639]]

entered into the system by designated EPA employees or contractors 
responsible for operating EPA's eDiscovery Enterprise Tool Suite.
     eDiscovery Collection Files. The collection files contain 
information potentially responsive to a litigation, investigation, FOIA 
matter or other formal information request. The Tool Suite may capture 
many types of personally identifiable information depending on where 
that information is stored, including an individual's name; work 
address and telephone number; home address and telephone number; email 
addresses; vehicle information; names of individuals associated with a 
FOIA request or litigation hold; or other related information. The 
collection files contain all data collected by the tools using the 
search criteria and may contain, but not be limited to, correspondence 
(e.g., case coordination reports; memoranda and other records of 
communication, including electronic communication over email systems or 
instant messaging among other EPA employees and/or personnel of other 
federal agencies and outside parties and attachments to those messages 
or communications); local/shared drive data; information collected or 
compiled from EPA database systems; spreadsheets of data collections 
often including personally identifiable information or law enforcement 
data used to track the process of investigations or focus investigative 
priorities; records relating to litigation by or against the United 
States government; records relating to requests for EPA records other 
than requests under the FOIA and the Privacy Act of 1974; legal 
documents including complaints, summaries, affidavits, litigation 
reports, motions, subpoenas and any other court filing or 
administrative filing, or other related litigation documents; 
documentary evidence; supporting documents related to the legal and 
programmatic issues of a case; transcripts of interviews; regulatory 
history (i.e., permits and reports generated as a result of normal 
program activity); administrative record material and comments on 
administrative records; technical support (reports generated to test 
search criteria); investigative notes; reports requesting permission 
and use; transcripts of tapes; records checks (personal history, police 
information, fingerprint cards, photographs); property reports; 
property obtained and retained by an examiner including documents, 
personal property and documentary or other evidence; employment records 
and information related to employment matters; claims and records 
regarding discrimination, including employment and sex discrimination; 
personnel matters; contracts and information relating to contracts; 
manifests and other related investigative information.

RECORD SOURCE CATEGORIES:
    EPA employees; employees of federal contractors; employees of other 
federal agencies and of state, local, tribal and foreign agencies; 
witnesses; informants; public source materials; and other persons who 
may have information relevant to the search criteria.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    EPA's General Routine Uses A, C, D, E, F, G, H, I, K, and L apply 
to this system. Please refer to https://www.federalregister.gov/documents/2008/01/14/E8-445/amendment-to-general-routine-uses for a 
full explanation of these routine uses (73 FR 2245).

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records in the system are stored in database applications running 
on computer servers.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Litigation hold and case tracking files are assigned a case file 
control number or case name. Information collected from individuals 
pertaining to particular cases may be retrieved by names of 
individuals, email addresses, and other unique identifiers.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records stored in the system are subject to records schedule 1012 
and 0089.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Computer records are maintained in a secure, password protected 
computer system. Role-based access controls limit a user's access to 
the information in the system. Users are provided access to information 
in the system based on their need to know. Individuals working on a 
particular matter will be given access to the information related to 
that matter. The eDiscovery Enterprise Tool Suite is a password 
protected system requiring all users log in to access the information 
in the system. The system times out after a period of latency ensuring 
a user re-authenticates their session with a username and password. The 
system also maintains a user log that identifies and records persons 
who access and use the system. Users of EPA systems are required to 
complete security and privacy training on an annual basis to ensure 
continued access to the system. All records are maintained in secure 
areas and buildings with physical access controls.

RECORD ACCESS PROCEDURES:
    Request for access must be made in accordance with the procedures 
described in EPA's Privacy Act regulations at 40 CFR part 16. 
Requesters will be required to provide adequate identification, such as 
a driver's license, employee identification card or other identifying 
document. Additional identification procedures may be required in some 
instances.

CONTESTING RECORD PROCEDURES:
    Requests for correction or amendment must identify the record to be 
changed and the corrective action sought. Complete EPA Privacy Act 
procedures are described in EPA's Privacy Act regulations at 40 CFR 
part 16.

NOTIFICATION PROCEDURES:
    Any individual who wants to know whether this system of records 
contains a record about him or her should make a written request to the 
Agency Privacy Officer, MC 2831T, 1200 Pennsylvania Avenue NW, 
Washington, DC 20460.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    For those records within the system collected and maintained 
pursuant to the Federal Rules of Civil Procedure (FRCP) and/or for the 
purpose of civil discovery, action or proceeding, 5 U.S.C. 552a(d)(5) 
will apply, stating that ``nothing in this [Act] shall allow an 
individual access to any information compiled in reasonable 
anticipation of a civil action or proceeding.'' In addition, pursuant 
to 5 U.S.C. 552a(k)(2), this system is exempt from the following 
provisions of the Privacy Act, subject to the limitations set forth in 
that subsection: 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H) 
and (f)(2) through (5). Finally, pursuant to 5 U.S.C. 552a(j)(2), when 
records are contained in this system related to a criminal enforcement 
proceeding, this system is exempt from the following provisions of the 
Privacy Act, subject to the limitations set forth in that subsection: 5 
U.S.C. 552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G), 
(e)(4)(H), (e)(5), (e)(8), (f)(2) through (f)(5) and (g).

HISTORY:
    None.


[[Page 35640]]


    Dated: May 30, 2018.
Steven Fine,
Principal Deputy Assistant Administrator.
[FR Doc. 2018-16117 Filed 7-26-18; 8:45 am]
 BILLING CODE 6560-50-P