

[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]                         

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

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.

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

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]

BILLING CODE 6560-50-P
