Privacy Act of 1974; System of Records
| Published date | 12 April 2024 |
| Record Number | 2024-07766 |
| Citation | 89 FR 25897 |
| Court | Interior Department |
| Section | Notices |
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f. Conservation and restoration
training, safety, and respondent/
organization roles.
g. Hunting experience and
satisfaction.
h. Organization details and roles.
i. Opinions regarding participation in
a survey.
j. Use of mobile application
technology.
k. Preference for technology platforms
used for virtual meetings.
(2) Modify existing questions to:
a. Be applicable to a wider range of
the Department of the Interior Bureaus
and Offices.
b. Streamline response options to
reflect best practices used in other
Federal land management collections.
c. Correct grammar, punctuation, and
minor wording changes to improve
clarity.
(3) Remove questions which are
duplicative of other questions contained
in the Suite of Questions.
(4) Clarify and streamline the use of
the Likert scale questions to measure
opinions, attitudes, or behaviors more
accurately.
A copy of the draft suite of questions
is available to the public for viewing by
submitting an email request to the
Departmental Information Collection
Clearance Officer as provided in the
FOR
FURTHER INFORMATION CONTACT
section of
this notice.
Title of Collection: DOI Generic
Clearance for the Collection of
Qualitative Feedback on Agency Service
Delivery.
OMB Control Number: 1090–0011.
Form Number: DI–4011.
Type of Review: Revision of a
currently approved collection.
Respondents/Affected Public:
Individuals/households; businesses;
and, State, local, and Tribal
governments.
Total Estimated Number of Annual
Respondents: 95,000.
Total Estimated Number of Annual
Responses: 95,000.
Estimated Average Completion Time
per Response: 10 minutes.
Total Estimated Number of Annual
Burden Hours: 15,833.
Respondent’s Obligation: Voluntary.
Frequency of Collection: On occasion.
Total Estimated Annual Nonhour
Burden Cost: None.
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.
The authority for this action is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Jeffrey Parrillo,
Departmental Information Collection
Clearance Officer.
[FR Doc. 2024–07828 Filed 4–11–24; 8:45 am]
BILLING CODE 4334–63–P
DEPARTMENT OF THE INTERIOR
Office of the Solicitor
[DOI–2021–0003; 24XD4523WS,
DWSN00000.000000, DL90000000,
DP.90008]
Privacy Act of 1974; System of
Records
AGENCY
: Office of the Secretary, Interior.
ACTION
: Notice of a modified system of
records.
SUMMARY
: Pursuant to the provisions of
the Privacy Act of 1974, as amended,
the Department of the Interior (DOI,
Department) is issuing a public notice of
its intent to modify the Privacy Act
system of records, INTERIOR/DOI–71,
Electronic FOIA Tracking System and
FOIA Case Files. In this notice, DOI is
proposing to consolidate the system of
records with INTERIOR/OS–69,
Freedom of Information Act Appeals
Files, system of records; update the
system name to INTERIOR/DOI–71,
Freedom of Information Act (FOIA)
Files; and provide updates to all
sections of the notice in accordance
with the Privacy Act and Office of
Management and Budget (OMB) policy.
DATES
: This modified system will be
effective upon publication. New or
modified routine uses will be effective
May 13, 2024. Submit comments on or
before May 13, 2024.
ADDRESSES
: You may send comments
identified by docket number [DOI–
2021–0003] by any of the following
methods:
•Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for sending comments.
•Email: DOI_Privacy@ios.doi.gov.
Include docket number [DOI–2021–
0003] in the subject line of the message.
•U.S. Mail or Hand-Delivery: Teri
Barnett, Departmental Privacy Officer,
U.S. Department of the Interior, 1849 C
Street NW, Room 7112, Washington, DC
20240.
Instructions: All submissions received
must include the agency name and
docket number [DOI–2021–0003]. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT
: Teri
Barnett, Departmental Privacy Officer,
U.S. Department of the Interior, 1849 C
Street NW, Room 7112, Washington, DC
20240, DOI_Privacy@ios.doi.gov or (202)
208–1605.
SUPPLEMENTARY INFORMATION
:
I. Background
The DOI maintains the Department-
wide system of records, INTERIOR/
DOI–71, Electronic FOIA Tracking
System and FOIA Case Files, to enable
the Department to administer the FOIA
Program more efficiently. This system of
records contains information on
individuals for the purposes of
managing and processing FOIA
requests, some of which may be
processed in tandem with the Privacy
Act of 1974, as amended, and supports
the oversight and management of
appeals filed by individuals under the
FOIA and Privacy Act.
This notice also covers DOI FOIA
Program records and case files managed
by DOI bureaus and offices that may
include administrative records,
communications, and other documents
related to administration of the FOIA
Program. Each DOI bureau and office is
responsible for managing its own
records related to its FOIA program. DOI
is publishing this revised system of
records notice (SORN) to consolidate
two systems of records that support the
administration of the DOI FOIA Program
and cover the full lifecycle of a FOIA
request to include the appeals process:
INTERIOR/DOI–71, Electronic FOIA
Tracking System and FOIA Case Files,
81 FR 33544 (May 26, 2016),
modification published at 86 FR 50156
(September 7, 2021); and INTERIOR/
OS–69, Freedom of Information Act
Appeals Files, 64 FR 16986 (April 7,
1999), modification published at 86 FR
50156 (September 7, 2021). DOI is also
proposing to update the system name to
INTERIOR/DOI–71, Freedom of
Information Act (FOIA) Files, and is
updating all sections of the notice to
reflect changes for the modified
consolidated system in accordance with
the Privacy Act of 1974 and OMB
Circular A–108, Federal Agency
Responsibilities for Review, Reporting,
and Publication under the Privacy Act.
The routine uses contained in the
INTERIOR/OS–69 SORN are also
reflected in the previously published
INTERIOR/DOI–71 SORN. In this
notice, DOI is changing the routine uses
from a numeric to alphabetic list and is
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proposing one new routine use and
modifying existing routines uses to be
consistent with DOI standard routine
uses as reflected below. DOI will
publish a rescindment notice to retire
the INTERIOR/OS–69 SORN after public
comments on this consolidated notice
are received and the new and modified
routine uses become effective.
Routine use A is being modified to
further clarify how disclosures are made
to the Department of Justice (DOJ) or
other Federal agencies when necessary,
in relation to litigation or judicial
hearings. Routine use B is being
updated to clarify how disclosures are
made to a congressional office to
respond to or resolve an individual’s
request made to that office. Proposed
new routine use C facilitates the sharing
of information with the Executive Office
of the President to resolve issues
concerning individuals’ records.
Routine use H is being updated to
expand the sharing of information with
territorial organizations in response to
court orders or for discovery purposes
related to litigation. Routine use I is
being updated to include grantees and
service providers to allow DOI to share
information to perform services to carry
out the purpose of the system, ensure
integrity of records, and perform system
maintenance. Routine use J is being
slightly modified to reflect the breach
routine use language required by OMB
Memorandum M–17–12, Preparing for
and Responding to a Breach of
Personally Identifiable Information.
Pursuant to 5 U.S.C. 552a(b)(12), DOI
may disclose information from this
system to consumer reporting agencies
as defined in the Fair Credit Reporting
Act (15 U.S.C. 1681a(f)) or the Federal
Claims Collection Act of 1966 (31 U.S.C.
3701(a)(3)) to aid in the collection of
outstanding debts owed to the Federal
Government.
II. Privacy Act
The Privacy Act of 1974, as amended,
embodies fair information practice
principles in a statutory framework
governing the means by which Federal
agencies collect, maintain, use, and
disseminate individuals’ records. The
Privacy Act applies to records about
individuals that are 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
an individual or by some identifying
number, symbol, or other identifying
particular assigned to the individual.
The Privacy Act defines an individual
as a United States citizen or lawful
permanent resident. Individuals may
request access to their own records that
are maintained in a system of records in
the possession or under the control of
DOI by complying with DOI Privacy Act
regulations at 43 CFR part 2, subpart K,
and following the procedures outlined
in the Records Access, Contesting
Record, and Notification Procedures
sections of this notice.
The Privacy Act requires each agency
to publish in the Federal Register a
description denoting the existence and
character of each system of records that
the agency maintains and the routine
uses of each system. The INTERIOR/
DOI–71, Freedom of Information Act
(FOIA) Files, SORN is published in its
entirety below. In accordance with 5
U.S.C. 552a(r), DOI has provided a
report of this system of records to the
Office of Management and Budget and
to Congress.
III. Public Participation
You should be aware your entire
comment, including your personally
identifiable information such as your
address, phone number, email address,
or any other personal information in
your comment, may be made publicly
available at any time. While you may
request to withhold your personally
identifiable information from public
review, we cannot guarantee we will be
able to do so.
SYSTEM NAME AND NUMBER
:
INTERIOR/DOI–71, Freedom of
Information Act (FOIA) Files.
SECURITY CLASSIFICATION
:
Unclassified.
SYSTEM LOCATION
:
Records in this system are located in
the Departmental FOIA Office; Bureaus
and Offices that oversee the FOIA
Program (see the Department’s FOIA
website at https://www.doi.gov/foia/
contacts for a list of the Department’s
FOIA contacts); FOIA and Privacy Act
Appeals, Office of the Solicitor; Office
of Inspector General (OIG) Office of
General Counsel; and DOI service
providers and contractor facilities.
SYSTEM MANAGER
(
S
):
(1) The Director of the Departmental
FOIA Office, Office of the Solicitor, U.S.
Department of the Interior, 1849 C Street
NW, MS–7328 MIB, Washington, DC
20240, has overall responsibility for the
policies and procedures used to operate
the system. Records are maintained
under the control of the Departmental
offices, bureaus, and offices. OIG
independently manages its own FOIA
Program, as discussed further below.
(2) DOI Bureau and Office FOIA
Officers and staff in headquarters and in
field offices have responsibility for the
FOIA files and data maintained for their
respective organizations. To obtain a
current list of the FOIA Officers and
Coordinators and their addresses, see
https://www.doi.gov/foia/contacts.
(3) The FOIA and Privacy Act
Appeals Officer, Office of the Solicitor,
U.S. Department of the Interior, 1849 C
Street NW, MS–6556 MIB, Washington,
DC 20240, has responsibility for
maintaining FOIA and Privacy Act
appeal files and data for administrative
appeals that do not appeal a decision of
the OIG.
(4) The OIG FOIA Officer, Office of
General Counsel, U.S. Department of the
Interior, 1849 C Street NW, MS–4428
MIB, Washington, DC 20240, has
responsibility for maintaining OIG FOIA
records and FOIA and Privacy Act
appeal files for administrative appeals
that appeal a decision of the OIG.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM
:
5 U.S.C. 552, The Freedom of
Information Act, as amended; 5 U.S.C.
552a, The Privacy Act of 1974, as
amended; DOI FOIA Regulations, 43
CFR part 2; DOI Privacy Act regulations,
43 CFR part 2, subpart K.
PURPOSE
(
S
)
OF THE SYSTEM
:
The purpose of the system is to
facilitate the Department’s management
and processing of Freedom of
Information Act (FOIA) requests and
appeals, some of which may be
processed in tandem with the Privacy
Act of 1974, as amended. This system:
(1) enables the Department to
administer FOIA request processing
more efficiently; (2) supports action on
FOIA requests, appeals, and litigation;
(3) enables documents to be released in
a more consistent manner; (4) assists in
eliminating the duplication of effort; (5)
gathers information for management and
reporting purposes; and (6) improves
customer service.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM
:
Individuals or their representatives
who have submitted FOIA or combined
FOIA and Privacy Act requests for
records or information, have submitted
administrative appeals, and/or have
FOIA mediation or litigation pending
with DOI or another Federal agency;
individuals whose FOIA requests or
records have been consulted on or
referred to the Department by other
agencies; individuals who are the
subject of such requests, appeals,
mediation, and/or litigation; individuals
who are referenced or whose
information may be included in
responsive records; and/or the DOI
personnel assigned to handle such
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requests, appeals, mediation, and
litigation.
CATEGORIES OF RECORDS IN THE SYSTEM
:
This system consists of records
created or compiled in response to FOIA
requests, or combined FOIA and Privacy
Act requests, for records or information,
administrative appeals, mediation, and
related litigation and includes: original
requests and administrative appeals;
responses to such requests and appeals;
all related memoranda, correspondence,
notes, and other related or supporting
documentation; records related to
processing of FOIA requests and
appeals, recommendations on appeals,
and final decisions; and, in some
instances, copies of requested records
and records under appeal. Records
about individuals may include name,
mailing address, email address,
telephone number, case file number, fee
determinations, any information
contained in the agency records
requested by individuals, and
identifying information about
individual requesters or other
information provided by requesters.
RECORD SOURCE CATEGORIES
:
Information gathered in this system is
submitted by individuals or entities
filing FOIA requests and administrative
appeals, agencies engaging in
consultations or referrals, and agency
employees processing these requests
and appeals. Information may also be
obtained from INTERIOR/DOI–57,
Privacy Act Files, system, INTERIOR/
SOL–1, Litigation, Appeal and Case
Files, and other agency records.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM
,
INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES
:
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a
portion of the records or information
contained in this system may be
disclosed outside DOI as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as
follows:
A. To the Department of Justice (DOJ),
including Offices of the U.S. Attorneys,
or other Federal agency conducting
litigation or in proceedings before any
court, adjudicative, or administrative
body, when it is relevant or necessary to
the litigation and one of the following
is a party to the litigation or has an
interest in such litigation:
(1) DOI or any component of DOI;
(2) Any other Federal agency
appearing before the Office of Hearings
and Appeals;
(3) Any DOI employee or former
employee acting in his or her official
capacity;
(4) Any DOI employee or former
employee acting in his or her individual
capacity when DOI or DOJ has agreed to
represent that employee or pay for
private representation of the employee;
or
(5) The United States Government or
any agency thereof, when DOJ
determines that DOI is likely to be
affected by the proceeding.
B. To a congressional office when
requesting information on behalf of, and
at the request of, the individual who is
the subject of the record.
C. To the Executive Office of the
President in response to an inquiry from
that office made at the request of the
subject of a record or a third party on
that person’s behalf, or for a purpose
compatible with the reason for which
the records are collected or maintained.
D. To any criminal, civil, or regulatory
law enforcement authority (whether
Federal, State, territorial, local, Tribal,
or foreign) when a record, either alone
or in conjunction with other
information, indicates a violation or
potential violation of law—criminal,
civil, or regulatory in nature, and the
disclosure is compatible with the
purpose for which the records were
compiled.
E. To an official of another Federal
agency to provide information needed
in the performance of official duties
related to reconciling or reconstructing
data files or to enable that agency to
respond to an inquiry by the individual
to whom the record pertains.
F. To Federal, State, territorial, local,
Tribal, or foreign agencies that have
requested information relevant or
necessary to the hiring, firing or
retention of an employee or contractor,
or the issuance of a security clearance,
license, contract, grant, or other benefit,
when the disclosure is compatible with
the purpose for which the records were
compiled.
G. To representatives of the National
Archives and Records Administration
(NARA) to conduct records management
inspections under the authority of 44
U.S.C. 2904 and 2906.
H. To State, territorial and local
governments and Tribal organizations to
provide information needed in response
to court order and/or discovery
purposes related to litigation, when the
disclosure is compatible with the
purpose for which the records were
compiled.
I. To an expert, consultant, grantee,
shared service provider, or contractor
(including employees of the contractor)
of DOI that performs services requiring
access to these records on DOI’s behalf
to carry out the purposes of the system.
J. To appropriate agencies, entities,
and persons when:
(1) DOI suspects or has confirmed that
there has been a breach of the system of
records;
(2) DOI has determined that as a result
of the suspected or confirmed breach
there is a risk of harm to individuals,
DOI (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 DOI’s efforts to respond
to the suspected or confirmed breach or
to prevent, minimize, or remedy such
harm.
K. To another Federal agency or
Federal entity, when DOI 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.
L. To the Office of Management and
Budget (OMB) during the coordination
and clearance process in connection
with legislative affairs as mandated by
OMB Circular A–19.
M. To the Department of the Treasury
to recover debts owed to the United
States.
N. To the news media and the public,
with the approval of the Public Affairs
Officer in consultation with counsel and
the Senior Agency Official for Privacy,
where there exists a legitimate public
interest in the disclosure of the
information, except to the extent it is
determined that release of the specific
information in the context of a
particular case would constitute an
unwarranted invasion of personal
privacy.
O. To a debt collection agency for the
purpose of collecting outstanding debts
owed to the Department for fees
associated with processing FOIA/
Privacy Act requests.
P. To other Federal, State, and local
agencies having a subject matter interest
in a request or an appeal or a decision
thereon.
Q. To another Federal agency to assist
that agency in responding to an inquiry
by the individual to whom that record
pertains.
R. To the National Archives and
Records Administration, Office of
Government Information Services
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(OGIS), to the extent necessary to fulfill
its responsibilities in 5 U.S.C. 552(h), to
review administrative agency policies,
procedures, and compliance with the
FOIA, and to facilitate OGIS’ offering of
mediation services to resolve disputes
between persons making FOIA requests
and administrative agencies.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS
:
Paper records are contained in file
cabinets and/or in secured rooms under
the control of authorized DOI personnel.
Electronic records are contained in
computers, compact discs, magnetic
tapes, external removable drives, email,
diskettes, digital video disks, and
electronic databases.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS
:
Information can be retrieved by
specific data elements in the system
including: the tracking number; name of
the requester; the requester’s
organizational affiliation; subject; and
other data elements. Paper records are
normally retrieved by the tracking
number.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS
:
Records are maintained under
Departmental Records Schedule (DRS)
1.1 Administrative Records (DAA–
0048–2013–0001) that covers FOIA and
Privacy Act request files,
correspondence, reports, and other
program administration and financial
management records, which has been
approved by NARA. The disposition for
these records is temporary and retention
periods vary according to the specific
record and the needs of the agency.
FOIA request files and other short-term
administration records are destroyed
three years after cut-off, which is
generally after the date of final reply or
the end of the third fiscal year in which
files are created. Long-term
administration records that require
additional retention are destroyed seven
years after cut-off, which is generally at
the end of the fiscal year in which files
are closed if no unique cut-off is
specified. The unique cutoff for FOIA
appeal files and litigation records is
when the case is closed or resolved. The
unique cutoff for access and disclosure
request files is after final agency action
or 3 years after final adjudication by the
courts, whichever is later. Paper records
are disposed of by shredding or pulping,
and records maintained on electronic
media are degaussed, deleted, or erased
in accordance with Departmental policy
and NARA guidelines.
ADMINISTRATIVE
,
TECHNICAL
,
AND PHYSICAL
SAFEGUARDS
:
Access to records in the system is
limited to authorized personnel whose
official duties require such access. Paper
records are maintained in file cabinets
and/or in secured rooms under the
control of authorized DOI personnel.
Computer servers in which electronic
records are stored are located in secure
DOI, service provider or contractor
facilities with physical, technical and
administrative levels of security to
prevent unauthorized access to the
networks and information assets.
Electronic records are maintained in
accordance with the OMB and
Departmental guidelines reflecting the
implementation of the Federal
Information Security Modernization Act
of 2014 (Pub. L. 113–283, 44 U.S.C.
3554). Electronic data is protected
through user identification, passwords,
database permissions and software
controls. Such security measures
establish different access levels for
different types of users. System
administrators and authorized users are
trained and required to follow
established internal security protocols
and must complete all security, privacy,
and records management training and
sign the DOI Rules of Behavior.
RECORD ACCESS PROCEDURES
:
An individual requesting access to
their records should send a written
inquiry to the applicable System
Manager, as identified above in the
System Manager section. DOI forms and
instructions for submitting a Privacy Act
request may be obtained from the DOI
Privacy Act Requests website at https://
www.doi.gov/privacy/privacy-act-
requests. The request must include a
general description of the records
sought and the requester’s full name,
current address, and sufficient
identifying information such as date of
birth or other information required for
verification of the requester’s identity.
The request must be signed and dated
and be either notarized or submitted
under penalty of perjury in accordance
with 28 U.S.C. 1746. The request must
include the specific bureau or office that
maintains the record to facilitate
location of the applicable records.
Requests submitted by mail must be
clearly marked ‘‘PRIVACY ACT
REQUEST FOR ACCESS’’ on both the
envelope and letter. A request for access
must meet the requirements of 43 CFR
2.238.
CONTESTING RECORD PROCEDURES
:
An individual requesting amendment
of their records should send a written
inquiry to the applicable System
Manager, as identified above in the
System Manager section. DOI
instructions for submitting a request for
amendment of records are available on
the DOI Privacy Act Requests website at
https://www.doi.gov/privacy/privacy-
act-requests. The request must clearly
identify the records for which
amendment is being sought, the reasons
for requesting the amendment, and the
proposed amendment to the record. The
request must include the requester’s full
name, current address, and sufficient
identifying information such as date of
birth or other information required for
verification of the requester’s identity.
The request must be signed and dated
and be either notarized or submitted
under penalty of perjury in accordance
with 28 U.S.C. 1746. The request must
include the specific bureau or office that
maintains the record to facilitate
location of the applicable records.
Requests submitted by mail must be
clearly marked ‘‘PRIVACY ACT
REQUEST FOR AMENDMENT’’ on both
the envelope and letter. A request for
amendment must meet the requirements
of 43 CFR 2.246.
NOTIFICATION PROCEDURES
:
An individual requesting notification
of the existence of records about them
should send a written inquiry to the
applicable System Manager, as
identified above in the System Manager
section. DOI instructions for submitting
a request for notification are available
on the DOI Privacy Act Requests
website at https://www.doi.gov/privacy/
privacy-act-requests. The request must
include a general description of the
records and the requester’s full name,
current address, and sufficient
identifying information such as date of
birth or other information required for
verification of the requester’s identity.
The request must be signed and dated
and be either notarized or submitted
under penalty of perjury in accordance
with 28 U.S.C. 1746. The request must
include the specific bureau or office that
maintains the record to facilitate
location of the applicable records.
Requests submitted by mail must be
clearly marked ‘‘PRIVACY ACT
INQUIRY’’ on both the envelope and
letter. A request for notification must
meet the requirements of 43 CFR 2.235.
EXEMPTIONS PROMULGATED FOR THE SYSTEM
:
To the extent that copies of exempt
records from other systems of records
are entered into this system, DOI claims
the same exemptions for those records
that are claimed for the original primary
systems of records from which they
originated.
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HISTORY
:
INTERIOR/DOI–71, Electronic FOIA
Tracking System and FOIA Case Files,
81 FR 33544 (May 26, 2016),
modification published at 86 FR 50156
(September 7, 2021).
Teri Barnett,
Departmental Privacy Officer, U.S.
Department of the Interior.
[FR Doc. 2024–07766 Filed 4–11–24; 8:45 am]
BILLING CODE 4334–63–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under the Clean Water
Act and Oil Pollution Act
On April 8, 2024, the Department of
Justice filed a complaint under the
Clean Water Act and the Oil Pollution
Act and lodged a proposed consent
decree with the United States District
Court for the Southern District of Texas
in the lawsuit entitled United States of
America and State of Texas v. Flint
Hills Resources Ingleside, LLC, Civil
Action No. 2:24–cv–00079.
The complaint alleges that the
defendant, Flint Hills Resources,
Ingleside, LLC, is civilly liable for
violation of section 311 of the Clean
Water Act, 33 U.S.C. 1321, and for
natural resource damages under section
1002 of the Oil Pollution Act, 33 U.S.C.
2702. The State of Texas is a co-plaintiff
for the natural resource damages claims.
The complaint addresses the discharge
of about 14,000 gallons of crude oil that
spilled into Corpus Christi Bay from a
ruptured pipe on a dock at the
defendant’s crude oil storage terminal in
Ingleside, Texas, on the night of
December 24, 2022. The complaint
further alleges that the oil impacted
water quality, beach, and marsh areas
and harmed a variety of fish and
wildlife, including birds and sea turtles.
To resolve the claims, the company
will pay a total of $989,212.80. Under
the proposed consent decree, the
company will pay the United States
$400,000 in civil penalties for the Clean
Water Act oil discharge violation. This
claim is brought by the United States on
behalf of the United States Coast Guard.
The penalties paid for this claim will be
deposited in the federal Oil Spill
Liability Trust Fund managed by the
National Pollution Funds Center. The
Oil Spill Liability Trust Fund is used to
pay for federal response activities and to
compensate for damages when there is
a discharge or substantial threat of
discharge of oil or hazardous substances
to waters of the United States or
adjoining shorelines.
The company will also pay the United
States and the State of Texas, on behalf
of the federal and State natural resource
trustees, $589,212.80 as natural resource
damages under the Oil Pollution Act.
The federal trustees are the Department
of the Interior, through the Fish and
Wildlife Service, and the Department of
Commerce’s National Oceanic and
Atmospheric Administration. The State
trustees are the Texas General Land
Office, the Texas Commission on
Environmental Quality, and the Texas
Parks and Wildlife Department.
Pursuant to the Oil Pollution Act, each
trustee acts on behalf of the public to
seek damages for the injury to,
destruction of, or loss of natural
resources resulting from the discharge of
oil into the environment. Under the
consent decree, the defendant’s
payment provides for $427,000 of the
total to be used by the trustees to design,
implement, and oversee natural
resource restoration projects to
compensate for the injuries resulting
from the oil discharge. The rest of the
funds will be used to repay the trustees
for each agency’s work to assess the
injuries to natural resources. The United
States and the State are coordinating
injury assessment and restoration
efforts.
The publication of this notice opens
a period for public comment on the
proposed consent decree. Comments
should be addressed to the Assistant
Attorney General, Environment and
Natural Resources Division, and should
refer to United States of America and
State of Texas v. Flint Hills Resources
Ingleside, LLC, D.J. Ref. No. 90–5–1–1–
12902. All comments must be submitted
no later than thirty (30) days after the
publication date of this notice.
Comments may be submitted by either
email or by mail:
To submit
comments: Send them to:
By email ....... pubcomment-ees.enrd@
usdoj.gov.
By mail ......... Assistant Attorney General,
U.S. DOJ—ENRD, P.O.
Box 7611, Washington, DC
20044–7611.
Any comments submitted in writing
may be filed in whole or in part on the
public court docket without notice to
the commenter.
During the public comment period,
the proposed consent decree may be
examined and downloaded at this
Justice Department website: https://
www.justice.gov/enrd/consent-decrees.
If you require assistance accessing the
consent decree, you may request
assistance by email or by mail to the
addresses provided above for submitting
comments.
Thomas Carroll,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2024–07688 Filed 4–11–24; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
National Institute of Corrections
Advisory Board; Notice of Closed
Meeting
This notice announces a forthcoming
closed meeting of the National Institute
of Corrections (NIC) Advisory Board
pursuant to the Federal Advisory
Committee Act (FACA).
Name of the Committee: NIC
Advisory Board.
General Function of the Committee:
To aid the National Institute of
Corrections in developing long-range
plans, advise on program development,
and recommend guidance to assist NIC’s
efforts in the areas of training, technical
assistance, information services, and
policy/program development assistance
to Federal, State, and local corrections
agencies.
Date and Time: Monday, April 22,
2024, from 1 p.m.–6 p.m. ET
(approximate times).
Location: Virtual.
Contact Person: Leslie LeMaster,
Designated Federal Official (DFO) to the
NIC Advisory Board, The National
Institute of Corrections, 320 First Street
NW, Room 901–3, Washington, DC
20534. To contact Ms. LeMaster, please
call (202) 305–5773 or llemaster@
bop.gov.
Agenda: On April 22, 2024, the
Advisory Board will convene a closed
meeting to permit discussion of
information that (1) relates solely to the
internal personnel rules and practices of
an agency (5 U.S.C. 552b(c)(2)), and (2)
is of a personal nature where disclosure
would constitute a clearly unwarranted
invasion of personal privacy (5 U.S.C.
552b(c)(6)). The Advisory Board will
discuss the outcomes of continuing
efforts to make recommendations to the
Attorney General for the NIC Director
vacancy.
Procedure: On April 22, 2024, the
Advisory Board will convene a closed
meeting to permit discussion of
information that (1) relates solely to the
internal personnel rules and practices of
an agency (5 U.S.C. 552b(c)(2)), and (2)
is of a personal nature where disclosure
would constitute a clearly unwarranted
invasion of personal privacy (5 U.S.C.
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