Privacy Act of 1974; Systems of Records; Amendment to General Routine Uses, 62527-62529 [2021-24599]
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Federal Register / Vol. 86, No. 215 / Wednesday, November 10, 2021 / Notices
Office by December 30, 2021, for
consideration at the public meeting(s).
Written statements should be supplied
to the DFO via email at the contact
information above. Submitters are
requested to provide a signed and
unsigned version of each document
because the SAB Staff Office does not
publish documents with signatures on
its websites. Members of the public
should be aware that their personal
contact information, if included in any
written comments, may be posted to the
SAB website. Copyrighted material will
not be posted without explicit
permission of the copyright holder.
Accessibility: For information on
access or services for individuals with
disabilities, please contact Dr. Shallal at
the phone number or email address
noted above, preferably at least ten days
prior to the meeting, to give the EPA as
much time as possible to process your
request.
V Khanna Johnston,
Deputy Director, EPA Science Advisory Board
Staff Office.
[FR Doc. 2021–24565 Filed 11–9–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9084–01–OMS]
Privacy Act of 1974; Systems of
Records; Amendment to General
Routine Uses
Office of Mission Support,
Environmental Protection Agency (EPA)
ACTION: Amendment to EPA’s existing
Privacy Act general routine uses.
AGENCY:
The U.S. Environmental
Protection Agency’s (EPA) Office of
Mission Support is giving notice that it
proposes to amend its current list of
general routine uses for EPA systems of
records in accordance with the
provisions of the Privacy Act of 1974, as
amended. The amended list of routine
uses is consistent with requirements in
a memorandum issued by the Office of
Management and Budget (OMB) on
January 3, 2017 (Memorandum M–17–
12 ‘‘Preparing for and Responding to a
Breach of Personally Identifiable
Information’’). OMB’s memorandum
requires that all Federal agencies
publish two routine uses for their
systems allowing for the disclosure of
personally identifiable information to
the appropriate parties in the course of
responding to a breach or suspected
breach of the agency’s PII or to assist
another agency in its response to a
confirmed or suspected breach.
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SUMMARY:
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Persons wishing to comment on
this routine use notice must do so by
December 10, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OEI–2007–1144, by one of the following
methods:
Federal eRulemaking Portal:
www.regulations.gov: Follow the online
instructions for submitting comments.
Email: docket_oms@epa.gov. Include
the Docket ID number in the subject line
of the message.
Fax: (202) 566–1752.
Mail: OMS Docket, Environmental
Protection Agency, Mail code: 2822T,
1200 Pennsylvania Ave. NW,
Washington, DC 20460.
Hand Delivery: OMS Docket, EPA/DC,
WJC West Building, Room 3334, 1301
Constitution Ave. NW, Washington, DC
20460. Such deliveries are only
accepted during the Docket’s normal
hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OEI–2007–
1144. The EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Controlled Unclassified
Information (CUI) or other information
for which disclosure is restricted by
statute. Do not submit information that
you consider to be CUI or otherwise
protected through https://
www.regulations.gov. The https://
www.regulations.gov website is an
‘‘anonymous access’’ system for the
EPA, which means the EPA will not
know your identity or contact
information. If you submit an electronic
comment, the EPA recommends that
you include your name and other
contact information in the body of your
comment. If the EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
the EPA may not be able to consider
your comment. If you send an email
comment directly to the EPA without
going through https://
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the internet.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about the EPA public docket, visit the
EPA Docket Center homepage at https://
www.epa.gov/dockets.
DATES:
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62527
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CUI or other
information for which disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the OMS Docket, EPA/DC, WJC West
Building, Room 3334, 1301 Constitution
Ave. NW, Washington, DC 20460. The
Public Reading Room is normally open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday excluding legal holidays.
The telephone number for the Public
Reading Room is (202) 566–1744, and
the telephone number for the OMS
Docket is (202) 566–1752.
Temporary Hours During COVID–19
Out of an abundance of caution for
members of the public and our staff, the
EPA Docket Center and Reading Room
are closed to the public, with limited
exceptions, to reduce the risk of
transmitting COVID–19. Our Docket
Center staff will continue to provide
remote customer service via email,
phone, and webform. We encourage the
public to submit comments via https://
www.regulations.gov or email, as there
may be a delay in processing mail and
faxes. Hand deliveries and couriers may
be received by scheduled appointment
only. For further information about EPA
Docket Center services and the current
status, please visit us online at https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Agency Privacy Officer, MC 2831T, U.S.
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460; privacy@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
The Privacy Act of 1974, as amended,
5 U.S.C. 552a, governs the means by
which the United States Government
collects, maintains, and uses personally
identifiable information (PII) in a system
of records. A ‘‘system of records’’ is a
group of any records under the control
of a federal agency from which
information about individuals is
retrieved by name or other personal
identifier. The Privacy Act requires each
agency to publish in the Federal
Register, for public notice and
comment, a system of records notice
(SORN) identifying and describing each
system of records the agency maintains,
including the purposes for which the
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agency uses PII in the system and the
routine uses for which the agency
discloses such information outside the
agency. As provided in OMB Circular
A–108, ‘‘Federal Agency
Responsibilities for Review, Reporting,
and Publication under the Privacy Act,’’
agencies may publish all routine uses
applicable to a system of records in a
single Federal Register Notice for that
system. However, an agency may
publish a separate notice of routine uses
that are applicable to many systems of
records at the agency and then
incorporate them by reference into the
notices for specific systems to which
they apply. When incorporating such
routine uses by reference, the agency
shall ensure that the routine use section
of the SORN clearly indicates which of
the separately published routine uses
apply to the system of records and
includes the Federal Register citation
where they have been published.
EPA has previously published twelve
general routine uses (see 73 FR 2245,
published January 14, 2008). The
amended list of general routine uses
included herein reflects a nonsubstantive change to an existing EPA
general routine use (see 73 FR 2245,
published January 14, 2008). The
amended general routine uses
implemented by this notice reflect the
two pieces of the existing general
routine use in two parts: (a) A general
routine use for disclosure of records in
response to a breach or suspected
breach of EPA’s systems of records and
(b) a general routine use for disclosure
of records in response to a breach or
suspected breach of another agency’s
systems of records.
The amended general routine uses are
compatible with the purposes for which
the information to be disclosed under
these general routine uses was originally
collected. Individuals whose personally
identifiable information is in EPA
systems expect their information to be
secured. Sharing their information with
appropriate parties in the course of
responding to a confirmed or suspected
breach of an EPA system, or another
agency’s system, will help EPA and all
Federal agencies protect them against
potential misuse of their information by
unauthorized persons. For the reasons
above, the existing general routine use
L is amended to reflect the guidance
provided in OMB Memorandum M–17–
12, reflected in new general routine uses
L and M. Accordingly, the Agency’s
general routine uses are as follows:
A. Disclosure for Law Enforcement
Purposes: Information may be disclosed
to the appropriate Federal, State, local,
tribal, or foreign agency responsible for
investigating, prosecuting, enforcing, or
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implementing a statute, rule, regulation,
or order, if the information is relevant
to a violation or potential violation of
civil or criminal law or regulation
within the jurisdiction of the receiving
entity.
B. Disclosure Incident to Requesting
Information: Information may be
disclosed to any source from which
additional information is requested (to
the extent necessary to identify the
individual, inform the source of the
purpose of the request, and to identify
the type of information requested,)
when necessary to obtain information
relevant to an agency decision
concerning retention of an employee or
other personnel action (other than
hiring,) retention of a security clearance,
the letting of a contract, or the issuance
or retention of a grant, or other benefit.
C. Disclosure to Requesting Agency:
Disclosure may be made to a Federal,
State, local, foreign, or tribal or other
public authority of the fact that this
system of records contains information
relevant to the retention of an employee,
the retention of a security clearance, the
letting of a contract, or the issuance or
retention of a license, grant, or other
benefit. The other agency or licensing
organization may then make a request
supported by the written consent of the
individual for the entire record if it so
chooses. No disclosure will be made
unless the information has been
determined to be sufficiently reliable to
support a referral to another office
within the agency or to another Federal
agency for criminal, civil,
administrative, personnel, or regulatory
action.
D. Disclosure to Office of Management
and Budget: Information may be
disclosed to the Office of Management
and Budget at any stage in the
legislative coordination and clearance
process in connection with private relief
legislation as set forth in OMB Circular
No. A–19.
E. Disclosure to Congressional Offices:
Information may be disclosed to a
congressional office from the record of
an individual in response to an inquiry
from the congressional office made at
the request of the individual.
F. Disclosure to Department of Justice:
Information may be disclosed to the
Department of Justice, or in a
proceeding before a court, adjudicative
body, or other administrative body
before which the Agency is authorized
to appear, when:
1. The Agency, or any component
thereof;
2. Any employee of the Agency in his
or her official capacity;
3. Any employee of the Agency in his
or her individual capacity where the
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Department of Justice or the Agency
have agreed to represent the employee;
or
4. The United States, if the Agency
determines that litigation is likely to
affect the Agency or any of its
components,
Is a party to litigation or has an
interest in such litigation, and the use
of such records by the Department of
Justice or the Agency is deemed by the
Agency to be relevant and necessary to
the litigation provided, however, that in
each case it has been determined that
the disclosure is compatible with the
purpose for which the records were
collected.
G. Disclosure to the National
Archives: Information may be disclosed
to the National Archives and Records
Administration in records management
inspections.
H. Disclosure to Contractors,
Grantees, and Others: Information may
be disclosed to contractors, grantees,
consultants, or volunteers performing or
working on a contract, service, grant,
cooperative agreement, job, or other
activity for the Agency and who have a
need to have access to the information
in the performance of their duties or
activities for the Agency. When
appropriate, recipients will be required
to comply with the requirements of the
Privacy Act of 1974 as provided in 5
U.S.C. 552a(m).
I. Disclosures for Administrative
Claims, Complaints and Appeals:
Information from this system of records
may be disclosed to an authorized
appeal grievance examiner, formal
complaints examiner, equal
employment opportunity investigator,
arbitrator or other person properly
engaged in investigation or settlement of
an administrative grievance, complaint,
claim, or appeal filed by an employee,
but only to the extent that the
information is relevant and necessary to
the proceeding. Agencies that may
obtain information under this routine
use include, but are not limited to, the
Office of Personnel Management, Office
of Special Counsel, Merit Systems
Protection Board, Federal Labor
Relations Authority, Equal Employment
Opportunity Commission, and Office of
Government Ethics.
J. Disclosure to the Office of Personnel
Management: Information from this
system of records may be disclosed to
the Office of Personnel Management
pursuant to that agency’s responsibility
for evaluation and oversight of Federal
personnel management.
K. Disclosure in Connection With
Litigation: Information from this system
of records may be disclosed in
connection with litigation or settlement
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Federal Register / Vol. 86, No. 215 / Wednesday, November 10, 2021 / Notices
discussions regarding claims by or
against the Agency, including public
filing with a court, to the extent that
disclosure of the information is relevant
and necessary to the litigation or
discussions and except where court
orders are otherwise required under
section (b)(11) of the Privacy Act of
1974, 5 U.S.C. 552a(b)(11).
L. Disclosure to Persons or Entities in
Response to an Actual or Suspected
Breach of Personally Identifiable
Information: To appropriate agencies,
entities, and persons when (1) EPA
suspects or has confirmed that there has
been a breach of the system of records;
(2) EPA has determined that as a result
of the suspected or confirmed breach
there is a risk of harm to individuals,
EPA (including its information systems,
programs, and operations), the Federal
Government, or national security; and
(3) the disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with EPA’s efforts to
respond to the suspected or confirmed
breach or to prevent, minimize, or
remedy such harm.
M. Disclosure to Assist Another
Agency in Its Efforts to Respond to a
Breach of Personally Identifiable
Information: To another Federal agency
or Federal entity, when EPA determines
that information from this system of
records is reasonably necessary to assist
the recipient agency or entity in (1)
responding to a suspected or confirmed
breach or (2) preventing, minimizing, or
remedying the risk of harm to
individuals, the recipient agency or
entity (including its information
systems, programs, and operations), the
Federal Government, or national
security, resulting from a suspected or
confirmed breach.
HISTORY: 73 FR 2245 (January 14,
2008).
Vaughn Noga,
Senior Agency Official for Privacy.
[FR Doc. 2021–24599 Filed 11–9–21; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OLEM–2018–0105, FRL–9087–01–
OLEM]
Proposed Information Collection
Request; Comment Request;
Information Collection Request
Submitted to OMB for Review and
Approval; Implementation of the Oil
Pollution Act Facility Response Plan
Requirements (Renewal), EPA ICR No.
1630.13, OMB Control No. 2050–0135
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The Environmental Protection
Agency (EPA) is planning to submit an
information collection request (ICR), Oil
Pollution Act Facility Response Plans
(Renewal) (EPA ICR No. 1630.13, OMB
Control No. 2050–0135) to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the Paperwork Reduction Act. Before
doing so, EPA is soliciting public
comments on specific aspects of the
proposed information collection as
described in SUPPLEMENTARY
INFORMATION. This is a proposed
extension of the ICR, which is currently
approved through July 31, 2022. An
agency may not conduct or sponsor and
a person is not required to respond to
a collection of information unless it
displays a currently valid OMB control
number.
DATES: Comments must be submitted on
or before January 10, 2022.
ADDRESSES: Submit your comments,
referencing Docket ID No. EPA–HQ–
OLEM–2018–0105, to: (1) EPA online
using www.regulations.gov (our
preferred method) or by mail to: EPA
Docket Center, Environmental
Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW,
Washington, DC 20460, and (2) OMB via
email to oira_submissions@
omb.eop.gov. Address comments to
OMB Desk Officer for EPA.
EPA’s policy is that all comments
received will be included in the public
docket without change including any
personal information provided, unless
the comment includes profanity, threats,
information claimed to be Proprietary
Business Information (PBI) or other
information whose disclosure is
restricted by statute.
FOR FURTHER INFORMATION CONTACT: J.
Troy Swackhammer, Office of
Emergency Management, Mail Code
5104A, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460; telephone
SUMMARY:
PO 00000
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62529
number: (202) 564–1966; email address:
swackhammer.j-troy@epa.gov.
SUPPLEMENTARY INFORMATION:
Supporting documents, which explain
in detail the information that EPA will
be collecting, are available in the public
docket for this ICR. The docket can be
viewed online at www.regulations.gov.
Out of an abundance of caution for
members of the public and our staff, the
EPA Docket Center and Reading Room
is closed to the public, with limited
exceptions, to reduce the risk of
transmitting COVID–19. Our Docket
Center staff will continue to provide
remote customer service via email,
phone and webform. For further
information about the EPA’s public
docket, Docket Center services and the
current status, please visit us online at
https://www.epa.gov/dockets. The
telephone number for the Docket Center
is 202–566–1744.
Pursuant to section 3506(c)(2)(A) of
the PRA, EPA is soliciting comments
and information to enable it to: (i)
Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the Agency, including
whether the information will have
practical utility; (ii) evaluate the
accuracy of the Agency’s estimate of the
burden of the proposed collection of
information, including the validity of
the methodology and assumptions used;
(iii) enhance the quality, utility, and
clarity of the information to be
collected; and (iv) minimize the burden
of the collection of information on those
who are to respond, including through
the use of appropriate automated
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses. EPA will consider the
comments received and amend the ICR
as appropriate. The final ICR package
will then be submitted to OMB for
review and approval. At that time, EPA
will issue another Federal Register
notice to announce the submission of
the ICR to OMB and the opportunity to
submit additional comments to OMB.
Abstract: The authority for EPA’s
facility response plan (FRP)
requirements is derived from section
311(j)(5) of the Clean Water Act, as
amended by the Oil Pollution Act of
1990. EPA’s regulation is codified at 40
CFR 112.20 and 112.21 and related
appendices. The owner or operator of a
facility subject to 40 CFR 112.20 must
prepare and submit an FRP to EPA
based on the following applicability
criteria: (1) The facility transfers oil over
water to or from a vessel and has a total
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]]>Agencies
[Federal Register Volume 86, Number 215 (Wednesday, November 10, 2021)]
[Notices]
[Pages 62527-62529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24599]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9084-01-OMS]
Privacy Act of 1974; Systems of Records; Amendment to General
Routine Uses
AGENCY: Office of Mission Support, Environmental Protection Agency
(EPA)
ACTION: Amendment to EPA's existing Privacy Act general routine uses.
-----------------------------------------------------------------------
SUMMARY: The U.S. Environmental Protection Agency's (EPA) Office of
Mission Support is giving notice that it proposes to amend its current
list of general routine uses for EPA systems of records in accordance
with the provisions of the Privacy Act of 1974, as amended. The amended
list of routine uses is consistent with requirements in a memorandum
issued by the Office of Management and Budget (OMB) on January 3, 2017
(Memorandum M-17-12 ``Preparing for and Responding to a Breach of
Personally Identifiable Information''). OMB's memorandum requires that
all Federal agencies publish two routine uses for their systems
allowing for the disclosure of personally identifiable information to
the appropriate parties in the course of responding to a breach or
suspected breach of the agency's PII or to assist another agency in its
response to a confirmed or suspected breach.
DATES: Persons wishing to comment on this routine use notice must do so
by December 10, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OEI-2007-1144, by one of the following methods:
Federal eRulemaking Portal: www.regulations.gov: Follow the online
instructions for submitting comments.
Email: [email protected]. Include the Docket ID number in the
subject line of the message.
Fax: (202) 566-1752.
Mail: OMS Docket, Environmental Protection Agency, Mail code:
2822T, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
Hand Delivery: OMS Docket, EPA/DC, WJC West Building, Room 3334,
1301 Constitution Ave. NW, Washington, DC 20460. Such deliveries are
only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OEI-
2007-1144. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Controlled Unclassified Information (CUI) or other information
for which disclosure is restricted by statute. Do not submit
information that you consider to be CUI or otherwise protected through
https://www.regulations.gov. The https://www.regulations.gov website is
an ``anonymous access'' system for the EPA, which means the EPA will
not know your identity or contact information. If you submit an
electronic comment, the EPA recommends that you include your name and
other contact information in the body of your comment. If the EPA
cannot read your comment due to technical difficulties and cannot
contact you for clarification, the EPA may not be able to consider your
comment. If you send an email comment directly to the EPA without going
through https://www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the internet.
Electronic files should avoid the use of special characters, any form
of encryption, and be free of any defects or viruses. For additional
information about the EPA public docket, visit the EPA Docket Center
homepage at https://www.epa.gov/dockets.
Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CUI or other information
for which disclosure is restricted by statute. Certain other material,
such as copyrighted material, will be publicly available only in hard
copy. Publicly available docket materials are available either
electronically in https://www.regulations.gov or in hard copy at the
OMS Docket, EPA/DC, WJC West Building, Room 3334, 1301 Constitution
Ave. NW, Washington, DC 20460. The Public Reading Room is normally open
from 8:30 a.m. to 4:30 p.m., Monday through Friday excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OMS Docket is (202) 566-
1752.
Temporary Hours During COVID-19
Out of an abundance of caution for members of the public and our
staff, the EPA Docket Center and Reading Room are closed to the public,
with limited exceptions, to reduce the risk of transmitting COVID-19.
Our Docket Center staff will continue to provide remote customer
service via email, phone, and webform. We encourage the public to
submit comments via https://www.regulations.gov or email, as there may
be a delay in processing mail and faxes. Hand deliveries and couriers
may be received by scheduled appointment only. For further information
about EPA Docket Center services and the current status, please visit
us online at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Agency Privacy Officer, MC 2831T, U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460; [email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
The Privacy Act of 1974, as amended, 5 U.S.C. 552a, governs the
means by which the United States Government collects, maintains, and
uses personally identifiable information (PII) in a system of records.
A ``system of records'' is a group of any records under the control of
a federal agency from which information about individuals is retrieved
by name or other personal identifier. The Privacy Act requires each
agency to publish in the Federal Register, for public notice and
comment, a system of records notice (SORN) identifying and describing
each system of records the agency maintains, including the purposes for
which the
[[Page 62528]]
agency uses PII in the system and the routine uses for which the agency
discloses such information outside the agency. As provided in OMB
Circular A-108, ``Federal Agency Responsibilities for Review,
Reporting, and Publication under the Privacy Act,'' agencies may
publish all routine uses applicable to a system of records in a single
Federal Register Notice for that system. However, an agency may publish
a separate notice of routine uses that are applicable to many systems
of records at the agency and then incorporate them by reference into
the notices for specific systems to which they apply. When
incorporating such routine uses by reference, the agency shall ensure
that the routine use section of the SORN clearly indicates which of the
separately published routine uses apply to the system of records and
includes the Federal Register citation where they have been published.
EPA has previously published twelve general routine uses (see 73 FR
2245, published January 14, 2008). The amended list of general routine
uses included herein reflects a non-substantive change to an existing
EPA general routine use (see 73 FR 2245, published January 14, 2008).
The amended general routine uses implemented by this notice reflect the
two pieces of the existing general routine use in two parts: (a) A
general routine use for disclosure of records in response to a breach
or suspected breach of EPA's systems of records and (b) a general
routine use for disclosure of records in response to a breach or
suspected breach of another agency's systems of records.
The amended general routine uses are compatible with the purposes
for which the information to be disclosed under these general routine
uses was originally collected. Individuals whose personally
identifiable information is in EPA systems expect their information to
be secured. Sharing their information with appropriate parties in the
course of responding to a confirmed or suspected breach of an EPA
system, or another agency's system, will help EPA and all Federal
agencies protect them against potential misuse of their information by
unauthorized persons. For the reasons above, the existing general
routine use L is amended to reflect the guidance provided in OMB
Memorandum M-17-12, reflected in new general routine uses L and M.
Accordingly, the Agency's general routine uses are as follows:
A. Disclosure for Law Enforcement Purposes: Information may be
disclosed to the appropriate Federal, State, local, tribal, or foreign
agency responsible for investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation, or order, if the information
is relevant to a violation or potential violation of civil or criminal
law or regulation within the jurisdiction of the receiving entity.
B. Disclosure Incident to Requesting Information: Information may
be disclosed to any source from which additional information is
requested (to the extent necessary to identify the individual, inform
the source of the purpose of the request, and to identify the type of
information requested,) when necessary to obtain information relevant
to an agency decision concerning retention of an employee or other
personnel action (other than hiring,) retention of a security
clearance, the letting of a contract, or the issuance or retention of a
grant, or other benefit.
C. Disclosure to Requesting Agency: Disclosure may be made to a
Federal, State, local, foreign, or tribal or other public authority of
the fact that this system of records contains information relevant to
the retention of an employee, the retention of a security clearance,
the letting of a contract, or the issuance or retention of a license,
grant, or other benefit. The other agency or licensing organization may
then make a request supported by the written consent of the individual
for the entire record if it so chooses. No disclosure will be made
unless the information has been determined to be sufficiently reliable
to support a referral to another office within the agency or to another
Federal agency for criminal, civil, administrative, personnel, or
regulatory action.
D. Disclosure to Office of Management and Budget: Information may
be disclosed to the Office of Management and Budget at any stage in the
legislative coordination and clearance process in connection with
private relief legislation as set forth in OMB Circular No. A-19.
E. Disclosure to Congressional Offices: Information may be
disclosed to a congressional office from the record of an individual in
response to an inquiry from the congressional office made at the
request of the individual.
F. Disclosure to Department of Justice: Information may be
disclosed to the Department of Justice, or in a proceeding before a
court, adjudicative body, or other administrative body before which the
Agency is authorized to appear, when:
1. The Agency, or any component thereof;
2. Any employee of the Agency in his or her official capacity;
3. Any employee of the Agency in his or her individual capacity
where the Department of Justice or the Agency have agreed to represent
the employee; or
4. The United States, if the Agency determines that litigation is
likely to affect the Agency or any of its components,
Is a party to litigation or has an interest in such litigation, and
the use of such records by the Department of Justice or the Agency is
deemed by the Agency to be relevant and necessary to the litigation
provided, however, that in each case it has been determined that the
disclosure is compatible with the purpose for which the records were
collected.
G. Disclosure to the National Archives: Information may be
disclosed to the National Archives and Records Administration in
records management inspections.
H. Disclosure to Contractors, Grantees, and Others: Information may
be disclosed to contractors, grantees, consultants, or volunteers
performing or working on a contract, service, grant, cooperative
agreement, job, or other activity for the Agency and who have a need to
have access to the information in the performance of their duties or
activities for the Agency. When appropriate, recipients will be
required to comply with the requirements of the Privacy Act of 1974 as
provided in 5 U.S.C. 552a(m).
I. Disclosures for Administrative Claims, Complaints and Appeals:
Information from this system of records may be disclosed to an
authorized appeal grievance examiner, formal complaints examiner, equal
employment opportunity investigator, arbitrator or other person
properly engaged in investigation or settlement of an administrative
grievance, complaint, claim, or appeal filed by an employee, but only
to the extent that the information is relevant and necessary to the
proceeding. Agencies that may obtain information under this routine use
include, but are not limited to, the Office of Personnel Management,
Office of Special Counsel, Merit Systems Protection Board, Federal
Labor Relations Authority, Equal Employment Opportunity Commission, and
Office of Government Ethics.
J. Disclosure to the Office of Personnel Management: Information
from this system of records may be disclosed to the Office of Personnel
Management pursuant to that agency's responsibility for evaluation and
oversight of Federal personnel management.
K. Disclosure in Connection With Litigation: Information from this
system of records may be disclosed in connection with litigation or
settlement
[[Page 62529]]
discussions regarding claims by or against the Agency, including public
filing with a court, to the extent that disclosure of the information
is relevant and necessary to the litigation or discussions and except
where court orders are otherwise required under section (b)(11) of the
Privacy Act of 1974, 5 U.S.C. 552a(b)(11).
L. Disclosure to Persons or Entities in Response to an Actual or
Suspected Breach of Personally Identifiable Information: To appropriate
agencies, entities, and persons when (1) EPA suspects or has confirmed
that there has been a breach of the system of records; (2) EPA has
determined that as a result of the suspected or confirmed breach there
is a risk of harm to individuals, EPA (including its information
systems, programs, and operations), the Federal Government, or national
security; and (3) the disclosure made to such agencies, entities, and
persons is reasonably necessary to assist in connection with EPA's
efforts to respond to the suspected or confirmed breach or to prevent,
minimize, or remedy such harm.
M. Disclosure to Assist Another Agency in Its Efforts to Respond to
a Breach of Personally Identifiable Information: To another Federal
agency or Federal entity, when EPA determines that information from
this system of records is reasonably necessary to assist the recipient
agency or entity in (1) responding to a suspected or confirmed breach
or (2) preventing, minimizing, or remedying the risk of harm to
individuals, the recipient agency or entity (including its information
systems, programs, and operations), the Federal Government, or national
security, resulting from a suspected or confirmed breach.
HISTORY: 73 FR 2245 (January 14, 2008).
Vaughn Noga,
Senior Agency Official for Privacy.
[FR Doc. 2021-24599 Filed 11-9-21; 8:45 am]
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