Amendment to General Routine Uses
[Federal Register: January 14, 2008 (Volume 73, Number 9)]
[Notices]
[Page 2245-2247]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ja08-59]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-OEI-2007-1144; FRL-8516-4]
Amendment to General Routine Uses
AGENCY: Environmental Protection Agency.
ACTION: Amendment to Agency's General Routine Uses.
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SUMMARY: The Environmental Protection Agency is giving notice that it
proposes to amend its current list of General Routine Uses to add a new
routine use. The new general routine use will allow the Agency to
disclose information in its systems covered under the Privacy Act to
persons and entities that may be needed by the Agency to respond,
prevent, minimize or remedy harm resulting from an actual or suspected
breach or compromise of personally identifiable information. The Agency
currently has general routine uses
[[Page 2246]]
A-K that are applicable to more than one of EPA's systems of records.
The intent of this notice is to add general routine use ``L'' to the
current list of General Routine Uses.
EFFECTIVE DATES: Persons wishing to comment on this routine use notice
must do so by February 25, 2008.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OEI-2007-1144, by one of the following methods:
• http://www.regulations.gov: Follow the online instructions for
submitting comments.
• E-mail: oei.docket@epa.gov.
• Fax: 202-566-1752.
• Mail: OEI Docket, Environmental Protection Agency, Mail
code: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
• Hand Delivery: OEI Docket, EPA/DC, EPA West Building, Room
3334, 1301 Constitution Ave., NW., Washington, DC. 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. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information for which disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov. The
http://www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to EPA without going through http://www.regulations.gov your e-mail
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, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. 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 EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI 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 http://www.regulations.gov or in hard copy at the OEI Docket
Center, EPA/DC, EPA West Building, Room 3334, 1301 Constitution Ave.,
NW, Washington. DC. 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 OEI Docket Center is (202) 566-1752.
FOR FURTHER INFORMATION CONTACT: Judy E. Hutt, Privacy Act Officer,
U.S. Environmental Protection Agency, Office of Information
Collections, Records, FOIA, and Privacy Branch (MC-2822T), Washington,
DC 20460; (202) 566-1668; Hutt.judy@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
The Office of Management and Budget (OMB) requires all federal
agencies to be able to quickly and efficiently respond in the event of
a breach of personally identifiable information and has directed
agencies to publish a routine use that will allow disclosure of Privacy
Act information to persons and entities in a position to assist with
notifying affected individuals or playing a role in preventing,
minimizing, or remedying any harm from a breach. Accordingly, the EPA
is proposing to add a new routine use that will allow it to meet the
OMB objective of responding quickly and efficiently should such a
breach occur. This new routine use will help the Agency prevent,
minimize, or remedy a data breach or compromise. All responses to a
confirmed or suspected breach will be prepared on a case-by-case basis.
The purpose and intent of this routine use is to allow the Agency, when
necessary, to disclose information regarding the breach to individuals
identified under the routine use and to give the affected individuals
full and fair notice of the extent of these potential disclosures.
Accordingly, the Agency is amending its prefatory statement of general
routine uses to include ``L'' as a new routine use.
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.
[[Page 2247]]
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 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 of
Suspected Compromise or Breach of Personally Identifiable Information
Information from this system of records may be disclosed to
appropriate Federal, State, or local agencies, other entities, and
persons when it is suspected or confirmed that: (1) The security or
confidentiality of information in the system of records has been
compromised; (2) there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs that rely upon
the compromised information; and (3) and those receiving the
information are reasonably necessary to assist with the Agency's
efforts to respond to the suspected or confirmed compromise and to
prevent, minimize, or remedy any such harm.
Dated: January 4, 2008.
Molly A. O'Neill,
Assistant Administrator and Chief Information Officer.
[FR Doc. E8-445 Filed 1-11-08; 8:45 am]
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