80 FR 26499 - Public Information, Freedom of Information Act and Privacy Act Regulations

DEPARTMENT OF COMMERCE
Office of the Secretary

Federal Register Volume 80, Issue 89 (May 8, 2015)

This rule proposes revisions to the Department of Commerce's (Department) regulations under the Privacy Act. The Privacy Act regulations are being updated to make technical changes to the applicable exemptions.

[Federal Register Volume 80, Number 89 (Friday, May 8, 2015)]
[Proposed Rules]
[Pages 26499-26500]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-10451]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Office of the Secretary

15 CFR Part 4

[Docket No. 150324296-5296-01]
RIN 0605-AA38


Public Information, Freedom of Information Act and Privacy Act 
Regulations

AGENCY: Department of Commerce.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: This rule proposes revisions to the Department of Commerce's 
(Department) regulations under the Privacy Act. The Privacy Act 
regulations are being updated to make technical changes to the 
applicable exemptions.

DATES: To be considered, written comments must be submitted on or 
before June 8, 2015.
    Unless comments are received, the amended system of records will 
become effective as proposed on the date of publication of a subsequent 
notice in the Federal Register.

ADDRESSES: You may submit comments, identified by Regulatory 
Information Number (RIN) 0605-AA38, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: (202) 482-0827. Include the RIN 0605-AA38 in the 
subject line.
     Mail: Ms. Brenda Dolan, Departmental Freedom of 
Information & Privacy Act Officer, Office of Privacy and Open 
Government, U.S. Department of Commerce, 1401 Constitution Avenue NW., 
Suite A300, Room A326, Washington, DC 20230.
    Instructions: All submissions received must include the agency name 
and docket number or RIN for this rulemaking. All comments received 
will be posted without change to regulations.gov, including any 
personal information provided. For detailed instructions on submitting 
comments and additional information on the rulemaking process, see the 
``Public Participation'' heading of the SUPPLEMENTARY INFORMATION 
section of this document.

FOR FURTHER INFORMATION CONTACT: Ms. Brenda Dolan, Departmental Freedom 
of Information & Privacy Act Officer, Office of Privacy and Open 
Government, U.S. Department of Commerce, 202-482-3258.

SUPPLEMENTARY INFORMATION:
    Public Participation: Comments sent by any other method, to any 
other address or individual, or received after the end of the comment 
period, may not be considered by the Department. If you want to submit 
personal identifying information (such as your name, address, etc.) as 
part of your comment, but do not want it to be posted online, you must 
include the phrase ``PERSONAL IDENTIFYING INFORMATION'' in the first 
paragraph of your comment. You must also locate all the personal 
identifying information you do not want posted online in the first 
paragraph of your comment and identify what information you want 
redacted. If you want to submit confidential business information as 
part of your comment but do not want it to be posted online, you must 
include the phrase ``CONFIDENTIAL BUSINESS INFORMATION'' in the first 
paragraph of your comment. You must also prominently identify 
confidential business information to be redacted within the comment. If 
a comment has so much confidential business information that it cannot 
be effectively redacted, all or part of the comment may not be posted 
on http://www.regulations.gov.
    Personal identifying information and confidential business 
information identified and located as set forth above will be placed in 
the agency's public docket file, but not posted online. If you wish to 
inspect the agency's public docket file in person by appointment, 
please see the FOR FURTHER INFORMATION CONTACT paragraph.
    This rule proposes revisions to the Department's regulations under 
the Privacy Act. In particular, the action will amend the Department's 
Privacy Act regulations regarding applicable exemptions to reflect new 
Department wide systems of records notices published since the last 
time the regulations were updated. The revisions of the Privacy Act 
regulations in subpart B of part 4 incorporate changes to the language 
of the regulations in the following provisions: Sec.  4.33 (General 
exemptions); and Sec.  4.34 (Specific exemptions).

    Dated: April 28, 2015.
Catrina D. Purvis,
Chief Privacy Officer and Director for Open Government.

    For the reasons stated in the preamble, the Department of Commerce 
proposes to amend 15 CFR part 4 as follows:

PART 4--[AMENDED]

0
1. The authority citation for part 4 continues to read as follows:

    Authority: 5 U.S.C. 301; 5 U.S.C. 552; 5 U.S.C. 553; 31 U.S.C. 
3717; 41 U.S.C. 3101; Reorganization Plan No. 5 of 1950.

0
2. Amend Sec.  4.33 by adding paragraph (b)(4) to read as follows;


Sec.  4.33  General exemptions.

* * * * *
    (4) Access Control and Identity Management System--COMMERCE/DEPT-
25. Pursuant to 5 U.S.C. 552a(j)(2), these records are hereby 
determined to be exempt from all provisions of the Act, except 5 U.S.C. 
552a(b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), 
and (11), and (i). These exemptions are necessary to ensure the proper 
functioning of the law enforcement activity, to protect confidential 
sources of information, to fulfill promises of confidentiality, to 
maintain the integrity of the law enforcement process, to avoid 
premature disclosure of the knowledge of criminal activity and the 
evidentiary bases of possible enforcement actions, to prevent 
interference with law enforcement proceedings, to avoid disclosure of 
investigative techniques, and to avoid endangering law enforcement 
personnel.
0
3. Amend Sec.  4.34 by revising paragraphs (a)(1), paragraph (b) 
introductory text, paragraphs (b)(1). (b)(2)(i), (b)(2)(i)(C), 
(b)(2)(i)(F) and (b)(4)(i).


Sec.  4.34  Specific exemptions.

    (a)(1) Certain systems of records under the Act that are maintained 
by the Department may occasionally contain material subject to 5 U.S.C. 
552a(k)(1), relating to national defense and foreign policy materials. 
The systems of records published in the Federal Register by the 
Department that are within this exemption are: COMMERCE/BIS-1, 
COMMERCE/ITA-2, COMMERCE/ITA-3, COMMERCE/NOAA-5, COMMERCE-PAT-TM-4, 
COMMERCE/DEPT-12, COMMERCE/DEPT-13, COMMERCE/DEPT-14, and COMMERCE/
DEPT-25.
* * * * *
    (b) The specific exemptions determined to be necessary and proper

[[Page 26500]]

with respect to systems of records maintained by the Department, 
including the parts of each system to be exempted, the provisions of 
the Act from which they are exempted, and the justification for the 
exemption, are as follows:
    (1) Exempt under 5 U.S.C. 552a(k)(1). The systems of records exempt 
hereunder appear in paragraph (a) of this section. The claims for 
exemption of COMMERCE/DEPT-12, COMMERCE/ITA-1, COMMERCE/NOAA-5, and 
COMMERCE/DEPT-25 under this paragraph are subject to the condition that 
the general exemption claimed in Sec.  4.33(b) is held to be invalid.
* * * * *
    (2)(i) Exempt under 5 U.S.C. 552a(k)(2). The systems of records 
exempt (some only conditionally), the sections of the Act from which 
exempted, and the reasons therefor are as follows:
* * * * *
    (C) Fisheries Law Enforcement Case Files--COMMERCE/NOAA-5, but only 
on condition that the general exemption claimed in Sec.  4.33(b)(2) is 
held to be invalid;
* * * * *
    (F) Access Control and Identity Management System--COMMERCE/DEPT-
25, but only on condition that the general exemption claimed in Sec.  
4.33(b)(4) is held to be invalid;
* * * * *
    (4)(i) Exempt under 5 U.S.C. 552a(k)(5). The systems of records 
exempt (some only conditionally), the sections of the Act from which 
exempted, and the reasons therefor are as follows:
    (A) Applications to U.S. Merchant Marine Academy (USMMA)--COMMERCE/
MA-1;
    (B) USMMA Midshipman Medical Files--COMMERCE/MA-17;
    (C) USMMA Midshipman Personnel Files--COMMERCE/MA-18;
    (D) USMMA Non-Appropriated Fund Employees--COMMERCE/MA-19;
    (E) Applicants for the NOAA Corps--COMMERCE/NOAA-1;
    (F) Commissioned Officer Official Personnel Folders--COMMERCE/NOAA-
3;
    (G) Conflict of Interest Records, Appointed Officials--COMMERCE/
DEPT-3:
    (H) Investigative and Inspection Records--COMMERCE/DEPT-12, but 
only on condition that the general exemption claimed in Sec.  
4.33(b)(3) is held to be invalid;
    (I) Investigative Records-- Persons within the Investigative 
Jurisdiction of the Department COMMERCE/DEPT-13;
    (J) Litigation, Claims, and Administrative Proceeding Records--
COMMERCE/DEPT-14; and
    (K) Access Control and Identity Management System--COMMERCE/DEPT-
25, but only on condition that the general exemption claimed in Sec.  
4.33(b)(4) is held to be invalid.
* * * * *
[FR Doc. 2015-10451 Filed 5-7-15; 8:45 am]
 BILLING CODE 3510-BX-P