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)

Page Range		26499-26500
FR Document		2015-10451

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 Issue 89 (Friday, May 8, 2015)

[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]


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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

Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Proposed Rules 26499

Issued in Seattle, Washington, on April 27, FOR FURTHER INFORMATION CONTACT: Ms. Dated: April 28, 2015.
2015. Brenda Dolan, Departmental Freedom of Catrina D. Purvis,
Christopher Ramirez, Information & Privacy Act Officer, Chief Privacy Officer and Director for Open
Acting Manager, Operations Support Group, Office of Privacy and Open Government, Government.
Western Service Center, AJV–W2. U.S. Department of Commerce, 202– For the reasons stated in the
[FR Doc. 2015–10499 Filed 5–7–15; 8:45 am] 482–3258. preamble, the Department of Commerce
BILLING CODE 4910–13–P proposes to amend 15 CFR part 4 as
SUPPLEMENTARY INFORMATION:
follows:
Public Participation: Comments sent
DEPARTMENT OF COMMERCE by any other method, to any other PART 4—[AMENDED]
address or individual, or received after
Office of the Secretary the end of the comment period, may not ■ 1. The authority citation for part 4
be considered by the Department. If you continues to read as follows:
15 CFR Part 4 want to submit personal identifying Authority: 5 U.S.C. 301; 5 U.S.C. 552; 5
information (such as your name, U.S.C. 553; 31 U.S.C. 3717; 41 U.S.C. 3101;
[Docket No. 150324296–5296–01] Reorganization Plan No. 5 of 1950.
address, etc.) as part of your comment,
RIN 0605–AA38 but do not want it to be posted online, ■ 2. Amend § 4.33 by adding paragraph
you must include the phrase (b)(4) to read as follows;
Public Information, Freedom of ‘‘PERSONAL IDENTIFYING
Information Act and Privacy Act § 4.33 General exemptions.
INFORMATION’’ in the first paragraph
Regulations of your comment. You must also locate * * * * *
all the personal identifying information (4) Access Control and Identity
AGENCY: Department of Commerce. Management System—COMMERCE/
you do not want posted online in the
ACTION: Notice of proposed rulemaking. DEPT–25. Pursuant to 5 U.S.C.
first paragraph of your comment and
552a(j)(2), these records are hereby
SUMMARY: This rule proposes revisions identify what information you want
determined to be exempt from all
to the Department of Commerce’s redacted. If you want to submit
provisions of the Act, except 5 U.S.C.
(Department) regulations under the confidential business information as
552a(b), (c)(1) and (2), (e)(4)(A) through
Privacy Act. The Privacy Act regulations part of your comment but do not want (F), (e)(6), (7), (9), (10), and (11), and (i).
are being updated to make technical it to be posted online, you must include These exemptions are necessary to
changes to the applicable exemptions. the phrase ‘‘CONFIDENTIAL BUSINESS ensure the proper functioning of the law
DATES: To be considered, written INFORMATION’’ in the first paragraph enforcement activity, to protect
comments must be submitted on or of your comment. You must also confidential sources of information, to
before June 8, 2015. prominently identify confidential fulfill promises of confidentiality, to
Unless comments are received, the business information to be redacted maintain the integrity of the law
amended system of records will become within the comment. If a comment has enforcement process, to avoid
effective as proposed on the date of so much confidential business premature disclosure of the knowledge
publication of a subsequent notice in information that it cannot be effectively of criminal activity and the evidentiary
the Federal Register. redacted, all or part of the comment may bases of possible enforcement actions, to
ADDRESSES: You may submit comments, not be posted on http:// prevent interference with law
identified by Regulatory Information www.regulations.gov. enforcement proceedings, to avoid
Number (RIN) 0605–AA38, by any of the Personal identifying information and disclosure of investigative techniques,
following methods: and to avoid endangering law
confidential business information
• Federal eRulemaking Portal: http:// enforcement personnel.
identified and located as set forth above
www.regulations.gov. Follow the ■ 3. Amend § 4.34 by revising
will be placed in the agency’s public
instructions for submitting comments. paragraphs (a)(1), paragraph (b)
• Fax: (202) 482–0827. Include the docket file, but not posted online. If you introductory text, paragraphs (b)(1).
RIN 0605–AA38 in the subject line. wish to inspect the agency’s public (b)(2)(i), (b)(2)(i)(C), (b)(2)(i)(F) and
• Mail: Ms. Brenda Dolan, docket file in person by appointment, (b)(4)(i).
Departmental Freedom of Information & please see the FOR FURTHER INFORMATION
Privacy Act Officer, Office of Privacy CONTACT paragraph. § 4.34 Specific exemptions.
and Open Government, U.S. Department This rule proposes revisions to the (a)(1) Certain systems of records
of Commerce, 1401 Constitution Avenue Department’s regulations under the under the Act that are maintained by the
NW., Suite A300, Room A326, Privacy Act. In particular, the action Department may occasionally contain
Washington, DC 20230. will amend the Department’s Privacy material subject to 5 U.S.C. 552a(k)(1),
Instructions: All submissions received Act regulations regarding applicable relating to national defense and foreign
must include the agency name and exemptions to reflect new Department policy materials. The systems of records
docket number or RIN for this published in the Federal Register by the
wide systems of records notices
rulemaking. All comments received will Department that are within this
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS

published since the last time the
be posted without change to exemption are: COMMERCE/BIS–1,
regulations were updated. The revisions COMMERCE/ITA–2, COMMERCE/ITA–
regulations.gov, including any personal of the Privacy Act regulations in subpart
information provided. For detailed 3, COMMERCE/NOAA–5, COMMERCE–
B of part 4 incorporate changes to the PAT–TM–4, COMMERCE/DEPT–12,
instructions on submitting comments
language of the regulations in the COMMERCE/DEPT–13, COMMERCE/
and additional information on the
following provisions: § 4.33 (General DEPT–14, and COMMERCE/DEPT–25.
rulemaking process, see the ‘‘Public
Participation’’ heading of the exemptions); and § 4.34 (Specific * * * * *
SUPPLEMENTARY INFORMATION section of
exemptions). (b) The specific exemptions
this document. determined to be necessary and proper

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26500 Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Proposed Rules

with respect to systems of records (J) Litigation, Claims, and may be hand-delivered Monday through
maintained by the Department, Administrative Proceeding Records— Friday between the hours of 8 a.m. and
including the parts of each system to be COMMERCE/DEPT–14; and 4 p.m. to CC:PA:LPD:PR (REG–102656–
exempted, the provisions of the Act (K) Access Control and Identity 15), Courier’s Desk, Internal Revenue
from which they are exempted, and the Management System—COMMERCE/ Service, 1111 Constitution Avenue NW.,
justification for the exemption, are as DEPT–25, but only on condition that the Washington, DC 20224, or sent
follows: general exemption claimed in electronically via the Federal
(1) Exempt under 5 U.S.C. 552a(k)(1). § 4.33(b)(4) is held to be invalid. eRulemaking Portal at
The systems of records exempt * * * * * www.regulations.gov (IRS REG–102656–
hereunder appear in paragraph (a) of [FR Doc. 2015–10451 Filed 5–7–15; 8:45 am] 15).
this section. The claims for exemption BILLING CODE 3510–BX–P FOR FURTHER INFORMATION CONTACT:
of COMMERCE/DEPT–12, COMMERCE/ Concerning the proposed regulations
ITA–1, COMMERCE/NOAA–5, and under section 446, Alexa T. Dubert or
COMMERCE/DEPT–25 under this DEPARTMENT OF THE TREASURY Anna H. Kim at (202) 317–6895;
paragraph are subject to the condition concerning the proposed regulations
that the general exemption claimed in Internal Revenue Service under section 956, Kristine A. Crabtree
§ 4.33(b) is held to be invalid. at (202) 317–6934; concerning
* * * * * 26 CFR Part 1 submissions of comments or to request
(2)(i) Exempt under 5 U.S.C. [REG–102656–15; REG–107548–11] a public hearing, Oluwafunmilayo
552a(k)(2). The systems of records Taylor, (202) 317–6901 (not toll-free
exempt (some only conditionally), the RIN 1545–BM61; 1545–BK10 numbers).
sections of the Act from which SUPPLEMENTARY INFORMATION:
exempted, and the reasons therefor are Notional Principal Contracts; Swaps
as follows: With Nonperiodic Payments Background and Explanation of
* * * * * AGENCY: Internal Revenue Service (IRS), Provisions
(C) Fisheries Law Enforcement Case Treasury. On May 11, 2012, the Treasury
Files—COMMERCE/NOAA–5, but only ACTION: Withdrawal of notice of Department and the IRS published
on condition that the general exemption proposed rulemaking; notice of temporary regulations under section 956
claimed in § 4.33(b)(2) is held to be proposed rulemaking by cross-reference (TD 9589) in the Federal Register (77 FR
invalid; to temporary regulations. 27612). On the same date, a notice of
* * * * * proposed rulemaking (REG–107548–11)
(F) Access Control and Identity SUMMARY: In the Rules and Regulations by cross-reference to the temporary
Management System—COMMERCE/ section of this issue of the Federal regulations was published in the
DEPT–25, but only on condition that the Register, the IRS is issuing final and Federal Register (77 FR 27669). This
general exemption claimed in temporary regulations that amend the document withdraws those proposed
§ 4.33(b)(4) is held to be invalid; treatment of nonperiodic payments regulations (REG–107548–11; RIN 1545–
made or received pursuant to certain BK10) and provides new proposed
* * * * * notional principal contracts. These
(4)(i) Exempt under 5 U.S.C. regulations (REG–102656–15).
regulations provide that, subject to Final and temporary regulations in
552a(k)(5). The systems of records certain exceptions, a notional principal
exempt (some only conditionally), the the Rules and Regulations section of this
contract with a nonperiodic payment, issue of the Federal Register amend the
sections of the Act from which regardless of whether it is significant,
exempted, and the reasons therefor are Income Tax Regulations (26 CFR part 1).
must be treated as two separate The final and temporary regulations
as follows: transactions consisting of one or more
(A) Applications to U.S. Merchant amend the regulations under section
loans and an on-market, level payment 446 of the Internal Revenue Code (Code)
Marine Academy (USMMA)— swap. The regulations provide an
COMMERCE/MA–1; relating to the treatment of nonperiodic
exception from the definition of United payments made or received pursuant to
(B) USMMA Midshipman Medical
States property. These regulations affect certain notional principal contracts for
Files—COMMERCE/MA–17;
parties making and receiving payments U.S. federal income tax purposes. The
(C) USMMA Midshipman Personnel
under notional principal contracts, final and temporary regulations also
Files—COMMERCE/MA–18;
(D) USMMA Non-Appropriated Fund including United States shareholders of amend the regulations under section
Employees—COMMERCE/MA–19; controlled foreign corporations and tax- 956 of the Code regarding an exception
(E) Applicants for the NOAA Corps— exempt organizations. The text of the from the definition of United States
COMMERCE/NOAA–1; temporary regulations also serves as the property. The text of the final and
(F) Commissioned Officer Official text of these proposed regulations. This temporary regulations also serves as the
Personnel Folders—COMMERCE/ document withdraws the notice of text of these proposed regulations. The
NOAA–3; proposed rulemaking (REG–107548–11; preamble to the final and temporary
(G) Conflict of Interest Records, RIN 1545–BK10) published in the regulations explains those regulations
Appointed Officials—COMMERCE/ Federal Register on May 11, 2012 (77 and these proposed regulations.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS

DEPT–3: FR 27669).
(H) Investigative and Inspection DATES: Comments and requests for a Special Analyses
Records—COMMERCE/DEPT–12, but public hearing must be received by It has been determined that this notice
only on condition that the general August 6, 2015. of proposed rulemaking is not a
exemption claimed in § 4.33(b)(3) is ADDRESSES: Send submissions to significant regulatory action as defined
held to be invalid; CC:PA:LPD:PR (REG–102656–15), Room in Executive Order 12866, as
(I) Investigative Records— Persons 5203, Internal Revenue Service, P.O. supplemented by Executive Order
within the Investigative Jurisdiction of Box 7604, Ben Franklin Station, 13653. Therefore, a regulatory
the Department COMMERCE/DEPT–13; Washington, DC 20044. Submissions assessment is not required. It also has

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Document Created: 2018-02-21 10:24:36
Document Modified: 2018-02-21 10:24:36

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		To be considered, written comments must be submitted on or before June 8, 2015.
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.
FR Citation		80 FR 26499
RIN Number		0605-AA38

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

DEPARTMENT OF COMMERCEOffice of the Secretary

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

DEPARTMENT OF COMMERCE
Office of the Secretary