Privacy Act of 1974; System of Records, 69639-69643 [2021-26432]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 86, Number 233 (Wednesday, December 8, 2021)]
[Notices]
[Pages 69639-69643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26432]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9285-01-OMS]


Privacy Act of 1974; System of Records

AGENCY: Office of the Administrator (OA), Environmental Protection 
Agency (EPA).

ACTION: Notice of a modified system of records.

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SUMMARY: The U.S. Environmental Protection Agency's (EPA), Office of 
the Administrator is giving notice that it proposes to modify the 
Reasonable Accommodation Management System (RAMS) pursuant to the 
provisions of the Privacy Act of 1974. This system of records stores 
and maintains reasonable accommodation request files for EPA employees 
and applicants for employment. EPA is updating the RAMS SORN to reflect 
the explicit inclusion of requests for religious accommodations in 
addition to medical accommodations.

DATES: Persons wishing to comment on this system of records notice must 
do so by January 7, 2022. New or modified routine uses for this 
modified system of records will be effective January 7, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OEI-2017-0536, by one of the following methods:
    Federal eRulemaking Portal: www.regulations.gov. Follow the online 
instructions for submitting comments.
    Email: [email protected].
    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-
2017-0536. The EPA policy is that all comments received will be 
included in the public docket without change and may be made available 
online at 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 
www.regulations.gov. The www.regulations.gov website is an ``anonymous 
access'' system for EPA, which means the EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. Each agency determines submission requirements within 
their own internal processes and standards. EPA has no requirement of 
personal information. If you send an email comment directly to the EPA 
without going through 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. 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. Electronic files should

[[Page 69640]]

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/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the 
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 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 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 
on EPA Docket Center services and the current status, please visit us 
online at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For information related to medical 
accommodation requests contact the National Reasonable Accommodation 
Coordinators (NRACs) at [email protected]. For 
information related to religious accommodation requests contact Krysti 
Wells, Director, Office of Customer Advocacy, Policy and Portfolio 
Management (OCAPPM), [email protected], 202-564-6295.

SUPPLEMENTARY INFORMATION: EPA uses RAMS to store and maintain 
information related to requests from individuals for reasonable 
accommodations from the Agency, as necessary to ensure compliance with 
applicable laws and regulations. Previously, RAMS covered information 
on requests for accommodation based on disability. EPA is amending the 
SORN so that in addition to these disability-related requests, the SORN 
also explicitly covers requests based on an individual's religious 
belief, practice, or observance. Additionally, EPA is adding coverage 
for certain specific accommodation requests based on medical conditions 
that may not qualify as a disability when such accommodations are 
authorized (e.g. requests for temporary accommodation for a broken leg, 
or a delay from the COVID-19 vaccination requirement). EPA is 
additionally updating the SORN to reflect new requirements in Executive 
Orders and federal guidance. Accordingly, EPA is updating the following 
sections of the RAMS SORN: For Further Information Contact; 
Supplementary Information; System Location; System Manager; Authority; 
Purpose; Categories of Individuals Covered; Categories of Records; 
Record Source Categories; Routine Uses; Policies and Practices for 
Storage of Records; Policies And Practices For Retention And Disposal 
Of Records; Administrative, Technical, And Physical Safeguards; Record 
Access Procedure; Contesting Records Procedures, and Notification 
Procedure.
    The updates will allow the Agency to manage all reasonable 
accommodation request information under the single updated RAMS SORN. 
EPA will maintain information under the RAMS SORN in two sections--one 
for medical accommodation request information and one for religious 
accommodation request information. Medical information is maintained 
separately from other personnel records.

SYSTEM NAME AND NUMBER:
    Reasonable Accommodation Management System (RAMS), EPA-73.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Hard copy and electronic records are maintained at EPA 
Headquarters, 1200 Pennsylvania Ave. NW, Washington, DC 20460, and/or 
at the EPA Regional Office and/or the local office of the requestor.

SYSTEM MANAGER(S):
    OCAPPM Director, and NRACs, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Title VII of the Civil Rights Act of 1964 (Pub. L. 88-352); the 
Rehabilitation Act of 1973; the Americans with Disabilities Act (ADA) 
and the ADA Amendments Act of 2008 (ADAAA) (Pub. L. 110-325); Executive 
Order 13164, Requiring Federal Agencies To Establish Procedures To 
Facilitate the Provision of Reasonable Accommodation (July 28, 2000); 
Executive Order 13548, Increasing Federal Employment of Individuals 
with Disabilities (July 26, 2010); Executive Order 14043, Requiring 
Coronavirus Disease 2019 Vaccination for Federal Employees (Sept. 9, 
2021); Executive Order 14042, Ensuring Adequate COVID Safety Protocols 
for Federal Contractors (Sept. 9, 2021); Executive Order 13991, 
Protecting the Federal Workforce and Requiring Mask-Wearing (Jan. 20, 
2021); Executive Order 12196, Occupational Safety and Health Program 
for Federal Employees (Feb. 26, 1980); 5 U.S.C. chs. 63, 79; 29 U.S.C. 
654, 668, 42 U.S.C. 247d, 12101, 44 U.S.C. 3101, 5 CFR part 339, and 29 
CFR part 1602; and Equal Employment Opportunity Commission (EEOC) 
reasonable accommodation regulations and guidance.

PURPOSE OF THE SYSTEM:
    EPA uses RAMS to collect and maintain information on reasonable 
accommodation requests from EPA employees and applicants for 
employment. Under Title VII of the Civil Rights Act, the Rehabilitation 
Act, and the ADA and ADAAA, EPA must provide reasonable accommodations 
to employees and applicants for employment for qualifying medical 
disabilities and sincerely held religious beliefs and practices, unless 
the accommodation would impose an undue hardship on the agency. In 
certain authorized situations, EPA may provide accommodations to 
individuals whose medical condition may not qualify as a disability.
    Reasonable accommodations are modifications or adjustments that 
will allow applicants and employees to apply for a job, perform job 
duties, and/or enjoy the benefits and privileges of employment. 
Reasonable accommodations may include, but are not limited to: (1) 
Making existing facilities readily accessible to and usable by 
individual with disabilities; (2) job restructuring, modification of 
work schedules or place of work, extended leave, telecommuting, or 
reassignment to a vacant position; (3) acquisition or modification of 
equipment or devices, including computer software and hardware, 
appropriate adjustments or modifications of examinations, training 
materials or policies, the provision of qualified readers and/or 
interpreters, personal assistants that enable the

[[Page 69641]]

individual to perform their job duties and enjoy the benefits and 
privileges of employment, and other similar accommodations; and/or (4) 
providing interpreters, large print programs, or other accommodations 
for EPA events or activities open to employees, applicants, and/or the 
public.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    EPA employees and applicants for employment at EPA who request a 
reasonable accommodation (the ``Requestor''); individuals whom the 
Requestor authorizes to submit information in support of their request; 
and authorized individuals responsible for processing requests.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Information collected in RAMS may include but is not limited to: 
Email correspondence with the Requestor and authorized individuals 
responsible for processing requests; documentation submitted in support 
of a request consistent with EPA's Procedures for Providing Reasonable 
Accommodation for EPA Employees and Applicants with Disabilities; 
religious belief and practice information submitted in support of a 
request; and accommodation determination documentation. Specific data 
elements may include: Requestor name, work address, work phone, work 
email address, office name, occupational series, pay grade, and 
bargaining unit; accommodation requested, request date, work/
application activity limited by requesting condition; medical 
information, religious information, disability status, determination 
date, determination method, explanation of method, and decision-making 
official name and title; and contact information for individuals whom 
the Requestor authorizes to submit information in support of their 
request and for authorized individuals responsible for processing 
requests.

RECORD SOURCE CATEGORIES:
    Information is obtained from: The Requestor; authorized individuals 
responsible for processing requests; persons appointed by and/or acting 
on the Requestor's behalf such as a union representative, colleague, or 
spouse; the NRACs or the Local Reasonable Accommodation Coordinator 
(LORAC), if there is one for the Requestor's office; the Requestor's 
medical provider(s); and/or third parties attesting to the Requestor's 
religious belief or practice (if submitted by or with permission of the 
individual seeking the accommodation).

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSE OF SUCH USES:
    The routine uses below are both related to and compatible with the 
original purpose for which the information was collected. The following 
general routine uses apply to this system:
    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, when a record, 
either on its face or in conjunction with other information, indicates 
or 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 a personnel action (other than hiring), 
such as retention of an employee, retention of a security clearance, 
the letting of a contract, or the issuance or retention of a grant, or 
other benefit.
    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.
    I. Disclosures for Administrative Claims, Complaints and Appeals 
Information 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 
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 may be 
disclosed in connection with litigation or settlement 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).
    The two routine uses below (L and M) are required by OMB Memorandum 
M-17-12.
    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

[[Page 69642]]

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.
    Additional routine uses that apply to this system are:
    1. Disclosure for Mandatory Reporting Requirements: Information may 
be disclosed to appropriate federal, state, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations, to 
the extent permitted by law, and in consultation with legal counsel, to 
satisfy mandatory reporting requirements when applicable.
    2. Disclosure to a Public Health Authority: Information may be 
disclosed to: Federal agencies such as the Department of Health and 
Human Services (HHS), State and local health departments, and other 
public health or cooperating medical authorities in connection with 
program activities and related collaborative efforts to deal more 
effectively with exposures to communicable diseases or to combat public 
health threats, and to satisfy mandatory reporting requirements when 
applicable.
    3. Disclosure to Governmental Organization: Information may be 
disclosed to: Appropriate federal, state, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations, to 
the extent permitted by law, and in consultation with legal counsel, 
for the purpose of protecting the vital interests of a data subject or 
other persons, including to assist such agencies or organizations in 
preventing exposure to or transmission of a communicable or 
quarantinable disease or to combat other significant public health 
threats.
    4. Disclosure to Assisting Agency: Information may be disclosed to: 
A Federal agency or entity authorized to procure assistive technologies 
and services in response to a request for reasonable accommodation; 
another Federal agency pursuant to a written agreement with EPA to 
provide services (such as medical evaluations), when necessary, in 
support of reasonable accommodation decisions.
    5. Disclosure for Emergencies: Information may be disclosed to 
first aid and safety personnel if the individual's medical condition 
requires emergency treatment.
    6. Disclosure to Oversight Body: Information may be disclosed to 
another Federal agency or oversight body charged with evaluating EPA's 
compliance with the laws, regulations, and policies governing 
reasonable accommodation requests.
    7. Disclosure to Hosting Entity: Information may be disclosed to an 
entity that is hosting an individual receiving an accommodation in 
order to provide continuation of that accommodation in the hosting 
location.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Electronic records are maintained in a secure password protected 
environment on electronic storage devices, including internal servers 
and local hardware devices (government furnished equipment laptops). 
The electronic storage devices and any paper records are located at EPA 
Headquarters, EPA Regional Offices, and/or the local office of the 
Requestor. Paper records are maintained in file folders stored within 
locking filing cabinets or locked rooms in secured facilities with 
controlled access.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    These records are retrieved by the Requestor's name, and/or a case 
number that is assigned to the request in RAMS, and/or by office or 
region.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records stored in this system are subject to EPA records schedule 
number (EPA 0068), Reasonable Accommodation Request Records. A records 
schedule provides mandatory instructions on how long to keep records 
(retention) and when they can be disposed. Reasonable accommodation 
records are retained until three years after an employee separates from 
EPA or three years after an applicant made the request if they are not 
hired.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Security controls used to protect personal sensitive data in RAMS 
are commensurate with those required for an information system rated 
MODERATE for confidentiality, integrity, and availability, as 
prescribed in National Institute of Standards and Technology (NIST) 
Special Publication, 800-53, ``Security and Privacy Controls for 
Information Systems and Organizations,'' Revision 5.
    1. Administrative Safeguards: EPA staff must complete annual agency 
training for Information Security and Privacy. EPA instructs staff to 
lock and secure their computers and offices, if applicable, when 
unattended. All staff authorized to use RAMS are required to take 
training on the proper handling of personally identifiable information 
before using RAMS as well as annual Agency Information Security and 
Privacy Awareness training.
    2. Technical Safeguards: EPA staff authorized to access electronic 
records are assigned permission levels. Permission level assignments 
allow authorized users to access only those system functions and 
records specific to their Agency work need. EPA also has technical 
security measures including restrictions on computer access to 
authorized individuals and required use of a personal identity 
verification (PIV) card and password. Medical documentation is password 
protected.
    3. Physical Safeguards: Only authorized EPA staff have access to 
paper files, which are stored within locking filing cabinets or locked 
rooms in secured facilities with controlled access. Electronic storage 
devices are maintained in secured facilities with controlled access.

RECORD ACCESS PROCEDURES:
    All requests for access to personal records should cite the Privacy 
Act of 1974 and reference the type of request being made (i.e., 
access). Requests must include: (1) The name and signature of the 
individual making the request; (2) the name of the Privacy Act system 
of records to which the request relates; (3) a statement whether a 
personal inspection of the records or a copy of them by mail is 
desired; and (4) proof of identity. A full description of EPA's Privacy 
Act procedures for requesting access to records is available at 40 CFR 
part 16.

CONTESTING RECORD PROCEDURES:
    Requests for correction or amendment must include: (1) The name and 
signature of the individual making the request; (2) the name of the 
Privacy Act

[[Page 69643]]

system of records to which the request relates; (3) a description of 
the information sought to be corrected or amended and the specific 
reasons for the correction or amendment; and (4) proof of identity A 
full description of EPA's Privacy Act procedures for the correction or 
amendment of a record are described in EPA's Privacy Act regulations at 
40 CFR part 16.

NOTIFICATION PROCEDURE:
    Individuals who wish to be informed whether a Privacy Act system of 
records maintained by EPA contains any record pertaining to them, 
should make a written request to the EPA, Attn: Agency Privacy Officer, 
MC 2831T, 1200 Pennsylvania Ave. NW, Washington, DC 20460, 
[email protected].

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    The original system of records notice for RAMS was published in the 
Federal Register on July 8, 2019 (84 FR 32456-32460).

Vaughn Noga,
Senior Agency Official for Privacy.
[FR Doc. 2021-26432 Filed 12-7-21; 8:45 am]
BILLING CODE 6560-50-P