Privacy Act of 1974: Implementation of Exemptions, 82788-82792 [2023-25982]

Agencies

• DEPARTMENT OF ENERGY

[Federal Register Volume 88, Number 226 (Monday, November 27, 2023)]
[Proposed Rules]
[Pages 82788-82792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25982]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 88, No. 226 / Monday, November 27, 2023 / 
Proposed Rules

[[Page 82788]]



DEPARTMENT OF ENERGY

10 CFR Part 1008

[DOE-HQ-2023-0058]
RIN 1903-AA14


Privacy Act of 1974: Implementation of Exemptions

AGENCY: U.S. Department of Energy.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Department of Energy (DOE, the Department) is giving 
notice of a newly established System of Records pursuant to the Privacy 
Act of 1974 for the Department of Energy--DOE-78 Data Analytics Program 
Records in this proposed rulemaking. The Department proposes to exempt 
portions of the System of Records from one or more provisions of the 
Privacy Act because of criminal, civil, and administrative enforcement 
requirements.

DATES: To be assured of consideration, written comments on this 
proposed rulemaking must be received at one of the addresses listed in 
the ADDRESSES section, on or before December 27, 2023. Comments 
received following the aforementioned date may be considered if it is 
practical to do so. Please refer to section IV (Public Participation--
Submission of Comments) for additional information on the comment 
period.

ADDRESSES: You may submit comments identified by docket number DOE-HQ-
2023-0058, as follows:
    Federal eRulemaking Portal: www.regulations.gov. Include the docket 
number DOE-HQ-2023-0058 in the ``Enter Keyword or ID'' field and click 
on ``Search.'' On the next web page, click on ``Submit a Comment'' 
action and follow the instructions in the portal.
    Mail/Hand Delivery/Courier [for paper, disk, or CD-ROM submissions] 
to: Ken Hunt, U.S. Department of Energy, 1000 Independence Avenue SW, 
Office 8H-085, Washington, DC 20585.
    Comments received, including any personal information, will be 
posted without change to www.regulations.gov.
    Docket: The docket, which includes Federal Register notices, 
comments, and other supporting documents/materials, is available for 
review at www.regulations.gov. All documents in the docket are listed 
in the www.regulations.gov index. However, some documents listed in the 
index, such as those containing information that is exempt from public 
disclosure, may not be publicly available. The www.regulations.gov web 
page contains instructions on how to access all documents, including 
public comments, in the docket. See section IV of this document for 
further information on how to submit comments through 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Kyle David, U.S. Department of Energy, 
1000 Independence Avenue SW, Office 8H-085, Washington, DC 20585; 
facsimile: (202) 586-8151; email: [email protected], telephone: 
(240) 686-9485.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Authority and Background
    A. Authority
    B. Background
II. Discussion
III. Procedural Issues and Regulatory Review
    A. Review Under Executive Orders 12866, 13563, and 14094
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 12988
    F. Review Under Executive Order 13132
    G. Review Under Executive Order 13175
    H. Review Under the Unfunded Mandates Reform Act of 1995
    I. Review Under Executive Order 12360
    J. Review Under Executive Order 13211
    K. Review Under the Treasury and General Government 
Appropriations Act, 1999
    L. Review Under the Treasury and General Government 
Appropriations Act, 2001
IV. Public Participation--Submission of Comments
V. Approval by the Office of the Secretary of Energy

I. Authority and Background

A. Authority

    DOE has broad authority to manage the agency's collection, use, 
processing, maintenance, storage, and disclosure of Personally 
Identifiable Information (PII) pursuant to the following authorities: 
42 United States Code (U.S.C.) 7101 et seq., 50 U.S.C. 2401 et seq., 5 
U.S.C. 1104, 5 U.S.C. 552, 5 U.S.C. 552a, 42 U.S.C. 7254, 5 U.S.C. 301, 
and 42 U.S.C. 405 note.

B. Background

    The Privacy Act of 1974 (the Act) (5 U.S.C. 552a) embodies fair 
information practice principles in a statutory framework governing the 
means by which the U.S. Government collects, maintains, uses, and 
disseminates personally identifiable information. The Privacy Act 
applies to information that is maintained in a ``System of Records.'' A 
``System of Records'' is a group of any records under the control of an 
agency from which information is retrieved by the name of the 
individual or by some identifying number, symbol, or other identifying 
particular assigned to the individual. In the Privacy Act, an 
individual is defined to encompass U.S. citizens and lawful permanent 
residents.
    The Privacy Act allows government agencies to exempt certain 
records from the access and amendment provisions. If an agency claims 
an exemption, it must issue a Notice of Proposed Rulemaking to make 
clear to the public the reasons why a particular exemption is claimed.

II. Discussion

    DOE is claiming exemptions from certain requirements of the Privacy 
Act for one System of Records: DOE-78 Data Analytics Program Records.
    DOE-78 Data Analytics Program Records will aggregate, store, and 
use data that the Office of the Inspector General (OIG) has the legal 
authority to collect and maintain to perform statistical analytics, 
data science, link analysis, and other mathematical techniques. The 
primary goal of this work is to identify anomalies that may indicate 
systemic or specific risks as well as activities that indicate 
mismanagement, fraud, abuse, waste, unlawful or unethical activity in 
DOE programs and operations. The analysis may support other parts of 
OIG by helping to identify specific areas for OIG attention or the 
development of risk indicators. Other parts of OIG may use the analytic 
output of the system to determine predication or indication for audits, 
inspections, evaluations, and investigations, including joint 
refinement of preliminary analysis, under their specific authorities.

[[Page 82789]]

    For this System of Records, DOE claims exemptions to paragraphs 
(c)(3) and (4); (d)(1) through (4); (e)(1) through (3), (4)(G), (4) 
(H), and (4)(I); (e)(5) and (8); and (g) of the Privacy Act pursuant to 
5 U.S.C. 552a(j)(2). In addition, the system has been exempted from the 
Privacy Act, pursuant to 5 U.S.C. 552a(k)(1), (k)(2) and (k)(5). These 
exemptions are needed to protect information relating to DOE activities 
from disclosure to subjects or others related to these activities. 
Specifically, the exemptions are required to preclude subjects of these 
activities from frustrating these processes; to avoid disclosure of 
activity techniques; to protect the identities and physical safety of 
confidential informants and law enforcement personnel; to ensure DOE's 
ability to obtain information from third parties and other sources; and 
to protect the privacy of third parties; to safeguard classified 
information. Disclosure of information to the subject of the inquiry 
could also permit the subject to avoid detection or apprehension.
    The exemptions proposed here are standard law enforcement and 
national security exemptions exercised by many federal law enforcement 
and intelligence agencies. In appropriate circumstances, where 
compliance would not appear to interfere with or adversely affect the 
law enforcement purposes of this system and overall law enforcement 
process, the applicable exemptions may be waived on a case-by-case 
basis.
    A System of Records Notice for DOE-78 Data Analytics Program 
Records is also published in this issue of the Federal Register.
    Exemptions for DOE-78 Data Analytics Program Records from these 
particular paragraphs of the Act are justified, on a case-by-case basis 
to be determined at the time a request is made for the following 
reasons:
    From paragraphs (c)(3) and (4) (Accounting for Disclosures) because 
release of the accounting of disclosures could alert the subject of an 
investigation of an actual or potential criminal, civil, or regulatory 
violation to the existence of that investigation and reveal 
investigative interest on the part of DOE as well as the recipient 
agency. Disclosure of the accounting would therefore present a serious 
impediment to law enforcement efforts or efforts to preserve national 
security. Disclosure of the accounting would also permit the individual 
who is the subject of a record to impede the investigation, to tamper 
with witnesses or evidence, and to avoid detection or apprehension, 
which would undermine the entire investigative process.
    From paragraph (d) (Access to Records) because access to the 
records contained in this System of Records could inform the subject of 
an investigation of an actual or potential criminal, civil, or 
regulatory violation to the existence of that investigation and reveal 
investigative interest on the part of DOE or another agency. Access to 
the records could permit the individual who is the subject of a record 
to impede the investigation, to tamper with witnesses or evidence, and 
to avoid detection or apprehension. Amendment of the records could 
interfere with ongoing investigations and law enforcement activities 
and would impose an unreasonable administrative burden by requiring 
investigations to be continually reinvestigated. In addition, 
permitting access and amendment to such information could disclose 
security-sensitive information that could be detrimental to nuclear or 
energy sector security.
    From paragraph (e)(1) (Relevancy and Necessity of Information) 
because in the course of investigations into potential violations of 
federal law, the accuracy of information obtained or introduced 
occasionally may be unclear, or the information may not be strictly 
relevant or necessary to a specific investigation. In the interests of 
effective law enforcement, it is appropriate to retain all information 
that may aid in establishing patterns of unlawful activity.
    From paragraph (e)(2) (Collection of Information from Individuals) 
because requiring that information be collected from the subject of an 
investigation would alert the subject to the nature or existence of the 
investigation, thereby interfering with that investigation and related 
law enforcement activities.
    From paragraph (e)(3) (Notice to Subjects) because providing such 
detailed information could impede law enforcement by compromising the 
existence of a confidential investigation or reveal the identity of 
witnesses or confidential informants.
    From paragraphs (e)(4)(G), (e)(4)(H), and (e)(4)(I) (Agency 
Requirements) and (f) (Agency Rules), because portions of this system 
are exempt from the individual access provisions of paragraph (d) for 
the reasons noted above, and therefore DOE is not required to establish 
requirements, rules, or procedures with respect to such access. 
Providing notice to individuals with respect to existence of records 
pertaining to them in the System of Records or otherwise setting up 
procedures pursuant to which individuals may access and view records 
pertaining to themselves in the system would undermine investigative 
efforts and reveal the identities of witnesses, and potential 
witnesses, and confidential informants.
    From paragraph (e)(5) (Collection of Information) because with the 
collection of information for law enforcement purposes, it is 
impossible to determine in advance what information is accurate, 
relevant, timely, and complete. Compliance with paragraph (e)(5) would 
preclude DOE agents from using their investigative training and 
exercise of good judgment to both conduct and report on investigations.
    From paragraph (e)(8) (Notice on Individuals) because compliance 
would interfere with DOE's ability to obtain, serve, and issue 
subpoenas, warrants, and other law enforcement mechanisms that may be 
filed under seal and could result in disclosure of investigative 
techniques, procedures, and evidence.
    From paragraph (g) (Civil Remedies) to the extent that the system 
is exempt from other specific paragraphs of the Privacy Act.

III. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866, 13563, and 14094

    Executive Order (``E.O.'') 12866, ``Regulatory Planning and 
Review,'' 58 FR 51735 (Oct. 4, 1993), as supplemented and reaffirmed by 
E.O. 13563, ``Improving Regulation and Regulatory Review,'' 76 FR 3821 
(Jan. 21, 2011) and amended by E.O. 14094, ``Modernizing Regulatory 
Review,'' 88 FR 21879 (April 11, 2023), requires agencies, to the 
extent permitted by law, to (1) propose or adopt a regulation only upon 
a reasoned determination that its benefits justify its costs 
(recognizing that some benefits and costs are difficult to quantify); 
(2) tailor regulations to impose the least burden on society, 
consistent with obtaining regulatory objectives, taking into account, 
among other things, and to the extent practicable, the costs of 
cumulative regulations; (3) select, in choosing among alternative 
regulatory approaches, those approaches that maximize net benefits 
(including potential economic, environmental, public health and safety, 
and other advantages; distributive impacts; and equity); (4) to the 
extent feasible, specify performance objectives, rather than specifying 
the behavior or manner of compliance that regulated entities must 
adopt; and (5) identify and assess available alternatives to direct 
regulation, including providing economic incentives to encourage the 
desired behavior, such as user fees or

[[Page 82790]]

marketable permits, or providing information upon which choices can be 
made by the public. DOE emphasizes as well that E.O. 13563 requires 
agencies to use the best available techniques to quantify anticipated 
present and future benefits and costs as accurately as possible. In its 
guidance, the Office of Information and Regulatory Affairs (OIRA) has 
emphasized that such techniques may include identifying changing future 
compliance costs that might result from technological innovation or 
anticipated behavioral changes. For the reasons stated in the preamble, 
this proposed regulatory action is consistent with these principles.
    Section 6(a) of E.O. 12866 requires agencies to submit 
``significant regulatory actions'' to OIRA for review. OIRA has 
determined that this proposed regulatory action is not a ``significant 
regulatory action'' within the scope of E.O. 12866. Accordingly, this 
action is not subject to review under E.O. 12866 by OIRA of the Office 
of Management and Budget (OMB).

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) 
requires that an agency prepare an initial regulatory flexibility 
analysis for any regulation for which a general notice of proposed 
rulemaking is required, unless the agency certifies that the rule, if 
promulgated, will not have a significant economic impact on a 
substantial number of small entities (5 U.S.C. 605(b)). As required by 
Executive Order 13272, Proper Consideration of Small Entities in Agency 
Rulemaking, 67 FR 53461 (Aug. 16, 2002), DOE published procedures and 
policies on February 19, 2003, to ensure that the potential impacts of 
its rules on small entities are properly considered during the 
rulemaking process. 68 FR 7990. DOE has made its procedures and 
policies available on the Office of the General Counsel's website 
(www.energy.gov/gc/office-general-counsel).
    DOE reviewed this proposed rule under the provisions of the 
Regulatory Flexibility Act and the procedures and policies published on 
February 19, 2003. DOE certifies that the proposed rule, if adopted, 
would not have significant economic impact on a substantial number of 
small entities. The factual basis for this certification is set forth 
below.
    This proposed rule would update DOE's policies and procedures 
concerning the disclosure of records held within a System of Records 
pursuant to the Privacy Act of 1974. This proposed rule would apply 
only to activities conducted by DOE's federal employees and 
contractors, who would be responsible for implementing the rule 
requirements. DOE does not expect there to be any potential economic 
impact of this proposed rule on small businesses. Small businesses, 
therefore, should not be adversely impacted by the requirements in this 
proposed rule. For these reasons, DOE certifies that this proposed 
rule, if promulgated, would not have a significant economic impact on a 
substantial number of small entities, and therefore, no regulatory 
flexibility analysis has been prepared.

C. Review Under the Paperwork Reduction Act of 1995

    This proposed rule does not impose a collection of information 
requirement subject to review and approval by OMB under the Paperwork 
Reduction Act (44 U.S.C. 3501 et seq.).

D. Review Under the National Environmental Policy Act of 1969

    Pursuant to the National Environmental Policy Act of 1969 (NEPA), 
DOE has analyzed this proposed action in accordance with NEPA and DOE's 
NEPA implementing regulations (10 CFR part 1021). DOE's regulations 
include a categorical exclusion (CX) for rulemakings interpreting or 
amending an existing rule or regulation that does not change the 
environmental effect of the rule or regulation being amended. 10 CFR 
part 1021, subpart D, appendix A5. DOE has determined that this 
proposed rule is covered under the CX found in DOE's NEPA regulations 
at paragraph A.5 of appendix A to subpart D, 10 CFR part 1021, because 
it is an amendment to an existing regulation that does not change the 
environmental effect of the amended regulation and, therefore, meets 
the requirements for the application of this CX. See 10 CFR 1021.410. 
Therefore, DOE has determined that this proposed rule is not a major 
Federal action significantly affecting the quality of the human 
environment within the meaning of NEPA and does not require an 
Environmental Assessment or an Environmental Impact Statement.

E. Review Under Executive Order 12988

    With respect to the review of existing regulations and the 
promulgation of new regulations, Section 3(a) of Executive Order 12988, 
``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on 
Federal agencies the general duty to adhere to the following 
requirements: (1) eliminate drafting errors and ambiguity; (2) write 
regulations to minimize litigation; (3) provide a clear legal standard 
for affected conduct rather than a general standard; and (4) promote 
simplification and burden reduction. Section 3(b) of Executive Order 
12988 specifically requires that executive agencies make every 
reasonable effort to ensure the regulation: (1) clearly specifies the 
preemptive effect, if any; (2) clearly specifies any effect on existing 
Federal law or regulation; (3) provides a clear legal standard for the 
affected conduct while promoting simplification and burden reduction; 
(4) specifies the retroactive effect, if any; (5) adequately defines 
key terms; (6) specifies whether administrative proceedings are to be 
required before parties may file suit in court and, if so, describes 
those proceedings and requires the exhaustion of administrative 
remedies; and (7) addresses other important issues affecting clarity 
and general draftsmanship under any guidelines issued by the Attorney 
General. Section 3(c) of Executive Order 12988 requires Executive 
agencies to review regulations in light of applicable standards in 
section 3(a) and section 3(b) to determine whether they are met or it 
is unreasonable to meet one or more of the standards. DOE has completed 
the required review and determined that, to the extent permitted by 
law, this proposed rule meets the relevant standards of Executive Order 
12988.

F. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 10, 
1999) imposes certain requirements on agencies formulating and 
implementing policies or regulations that preempt State law or that 
have federalism implications. Agencies are required to examine the 
constitutional and statutory authority supporting any action that would 
limit the policymaking discretion of the States and carefully assess 
the necessity for such actions. The Executive order also requires 
agencies to have an accountable process to ensure meaningful and timely 
input by State and local officials in the development of regulatory 
policies that have federalism implications. On March 14, 2000, DOE 
published a statement of policy describing the intergovernmental 
consultation process it will follow in the development of such 
regulations. 65 FR 13735. DOE has examined this proposed rule and has 
tentatively determined that it would not preempt State law and would 
not have a substantial direct effect on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government. 
No further

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action is required by Executive Order 13132.

G. Review Under Executive Order 13175

    Under Executive Order 13175 (65 FR 67249, November 6, 2000) on 
``Consultation and Coordination with Indian Tribal Governments,'' DOE 
may not issue a discretionary rule that has ``Tribal'' implications and 
imposes substantial direct compliance costs on Indian Tribal 
governments. DOE has determined that the proposed rule would not have 
such effects and concluded that Executive Order 13175 does not apply to 
this proposed rule.

H. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act (UMRA) of 1995 (Pub. 
L. 104-4) requires each Federal agency to assess the effects of a 
Federal regulatory action on State, local, and Tribal governments, and 
the private sector. (Pub. L. 104-4, sec. 201 et seq. (codified at 2 
U.S.C. 1531 et seq.)). For a proposed regulatory action likely to 
result in a rule that may cause the expenditure by State, local, and 
Tribal governments, in the aggregate, or by the private sector of $100 
million or more in any one year (adjusted annually for inflation), 
section 202 of UMRA requires a Federal agency to publish a written 
statement that estimates the resulting costs, benefits, and other 
effects on the national economy. (2 U.S.C. 1532(a), (b)) UMRA also 
requires a Federal agency to develop an effective process to permit 
timely input by elected officers of State, local, and Tribal 
governments on a proposed ``significant Federal intergovernmental 
mandate,'' and requires an agency plan for giving notice and 
opportunity for timely input to potentially affected small governments 
before establishing any requirements that might significantly or 
uniquely affect them. On March 18, 1997, DOE published a statement of 
policy on its process for intergovernmental consultation under UMRA. 
(62 FR 12820) (This policy is also available at: www.energy.gov/gc/guidance-opinions under ``Guidance & Opinions'' (Rulemaking)). DOE 
examined the proposed rule according to UMRA and its statement of 
policy and has determined that the rule contains neither an 
intergovernmental mandate, nor a mandate that may result in the 
expenditure by State, local, and Tribal governments, in the aggregate, 
or by the private sector, of $100 million or more in any year. 
Accordingly, no further assessment or analysis is required under UMRA.

I. Review Under Executive Order 12630

    DOE has determined, under Executive Order 12630, ``Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights'' 53 FR 8859 (March 18, 1988), that this proposed regulation 
would not result in any takings that might require compensation under 
the Fifth Amendment to the U.S. Constitution.

J. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001) requires Federal agencies to prepare and submit to the 
OIRA, which is part of OMB, a Statement of Energy Effects for any 
proposed significant energy action. A ``significant energy action'' is 
defined as any action by an agency that promulgates or is expected to 
lead to promulgation of a final rule, and that: (1)(i) is a significant 
regulatory action under Executive Order 12866, or any successor order; 
and (ii) is likely to have a significant adverse effect on the supply, 
distribution, or use of energy, or (2) is designated by the 
Administrator of OIRA as a significant energy action. For any proposed 
significant energy action, the agency must give a detailed statement of 
any adverse effects on energy supply, distribution, or use should the 
proposal be implemented, and of reasonable alternatives to the action 
and their expected benefits on energy supply, distribution, and use. 
This proposed regulatory action is not a significant energy action. 
Accordingly, DOE has not prepared a Statement of Energy Effects.

K. Review Under the Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any proposed rule that may affect family 
well-being. This proposed rule would not have any impact on the 
autonomy or integrity of the family as an institution. Accordingly, DOE 
has concluded that it is not necessary to prepare a Family Policymaking 
Assessment.

L. Review Under the Treasury and General Government Appropriations Act, 
2001

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516) provides for Federal agencies to review most 
disseminations of information to the public under guidelines 
established by each agency pursuant to general guidelines issued by 
OMB. OMB's guidelines were published at 67 FR 8452 (February 22, 2002), 
and DOE's guidelines were published at 67 FR 62446 (October 7, 2002). 
Pursuant to OMB Memorandum M-19-15, Improving Implementation of the 
Information Quality Act (April 24, 2019), DOE published updated 
guidelines which are available at: www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf.
    DOE has reviewed this proposed rule and will ensure that 
information produced under this regulation remains consistent with the 
applicable OMB and DOE guidelines.

IV. Public Participation--Submission of Comments

    DOE will accept comments, data, and information regarding this 
proposed rule before or no later than the date provided in the DATES 
section at the beginning of this proposed rule. Interested individuals 
are invited to participate in this proceeding by submitting data, 
views, or arguments with respect to this proposed rule using the method 
described in the ADDRESSES section at the beginning of this proposed 
rule. To help the Department review the submitted comments, commenters 
are requested to reference the paragraph(s), (e.g., Sec.  1008.22(d)), 
to which they refer where possible.
    1. Submitting comments www.regulations.gov. The www.regulations.gov 
web page will require you to provide your name and contact information. 
Your contact information will be viewable by DOE's Office of Privacy 
Management and Compliance staff only. Your contact information will not 
be publicly viewable except for your first and last names, organization 
name (if any), and submitter representative name (if any). If your 
comment is not processed properly because of technical difficulties, 
DOE will use this information to contact you. If DOE cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, DOE may not be able to consider your comment. However, 
your contact information will be publicly viewable if you include it in 
the comment itself or in any documents attached to your comment. Any 
information that you do not want to be publicly viewable should not be 
included in your comment, nor in any document attached to your comment. 
Persons viewing comments will see only

[[Page 82792]]

first and last names, organization names, correspondence containing 
comments, and any documents submitted with the comments.
    Do not submit to www.regulations.gov information for which 
disclosure is restricted by statute, such as trade secrets and 
commercial or financial information (hereinafter referred to as 
Confidential Business Information (CBI)). Comments submitted through 
www.regulations.gov cannot be claimed as CBI. Comments received through 
www.regulations.gov will waive any CBI claims for the information 
submitted. For information on submitting CBI, see the Confidential 
Business Information section.
    DOE processes submissions made through www.regulations.gov before 
posting. Normally, comments will be posted within a few days of being 
submitted. However, if large volumes of comments are being processed 
simultaneously, your comment may not be viewable for up to several 
weeks. Please keep the comment tracking number that www.regulations.gov 
provides after you have successfully uploaded your comment.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, that are written in English, and that are free of any 
defects or viruses. Documents should not contain special characters or 
any form of encryption and, if possible, they should carry the 
electronic signature of the author.
    2. Confidential Business Information. Pursuant to the provisions of 
10 CFR 1004.11, anyone submitting information or data he or she 
believes to be confidential and exempt by law from public disclosure 
should submit two well-marked copies: one copy of the document marked 
``CONFIDENTIAL'' including all the information believed to be 
confidential, and one copy of the document marked ``NON-CONFIDENTIAL'' 
with the information believed to be confidential deleted. Submit these 
documents via email. DOE will make its own determination as to the 
confidentiality of the information and treat it according to its 
determination.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).
    3. Campaign form letters. Please submit campaign form letters by 
the originating organization in batches of between 50 to 500 form 
letters per PDF or as one form letter with a list of supporters' names 
compiled into one or more PDFs. This reduces comment processing and 
posting time.

V. Approval by the Office of the Secretary of Energy

    The Secretary of Energy has approved publication of this notice of 
proposed rulemaking.

List of Subjects in 10 CFR Part 1008

    Administration practice and procedure, Freedom of information, 
Privacy, Reporting and recordkeeping requirements.

Signing Authority

    This document of the Department of Energy was signed on November 9, 
2023, by Ann Dunkin, Senior Agency Official for Privacy, pursuant to 
delegated authority from the Secretary of Energy. That document with 
the original signature and date is maintained by DOE. For 
administrative purposes only, and in compliance with requirements of 
the Office of the Federal Register, the undersigned DOE Federal 
Register Liaison Officer has been authorized to sign and submit the 
document in electronic format for publication, as an official document 
of the Department of Energy. This administrative process in no way 
alters the legal effect of this document upon publication in the 
Federal Register.

    Signed in Washington, DC, on November 20, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

    For the reasons set forth in the preamble, the Department of Energy 
proposes to amend part 1008 of chapter X of title 10 of the Code of 
Federal Regulations as set forth below:

PART 1008--RECORDS MAINTAINED ON INDIVIDUALS (PRIVACY ACT)

0
1. The authority citation for part 1008 continues to read as follows:

    Authority: 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.; 5 
U.S.C. 552a.

0
2. Amend Sec.  1008.12 by adding paragraphs (a)(2)(iii); (b)(1)(ii)(N); 
(b)(2)(ii)(Q) and (b)(3)(ii)(S) to read as follows:


Sec.  1008.12  Exemptions.

    (a) * * *
    (2) * * *
    (iii) Data Analytics Program Records (DOE-78). This System of 
Records is being exempted pursuant to paragraph (j)(2) of the Act to 
enable the Office of the Inspector General in the performance of its 
law enforcement function. The system is exempted from paragraphs (c)(3) 
and (4); (d)(1) through (4); (e)(1) through (3), (4)(G), (4)(H), and 
(4)(I); (e)(5) and (8); and (g) of the Privacy Act pursuant to 5 U.S.C. 
552a(j)(2). In addition, the system has been exempted from the Privacy 
Act, pursuant to 5 U.S.C. 552a(k)(1), (k)(2) and (k)(5). The system is 
exempt from these provisions for the following reasons: notifying an 
individual at the individual's request of the existence of records in 
an investigative file pertaining to such individual, or granting access 
to an investigative file could:
    (A) Interfere with investigative and enforcement proceedings and 
with co-defendants' right to a fair trial;
    (B) Disclose the identity of confidential sources and reveal 
confidential information supplied by these sources; and
    (C) Disclose investigative techniques and procedures.
    (b) * * *
    (1) * * *
    (ii) * * *
    (N) Data Analytics Program Records (DOE-78).
    (2) * * *
    (ii) * * *
    (Q) Data Analytics Program Records (DOE-78).
    (3) * * *
    (ii) * * *
    (S) Data Analytics Program Records (DOE-78).
* * * * *
[FR Doc. 2023-25982 Filed 11-24-23; 8:45 am]
BILLING CODE 6450-01-P