80 FR 30187 - Privacy Act of 1974: Implementation
OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE Federal Register Volume 80, Issue 101 (May 27, 2015)
Federal Register Volume 80, Issue 101 (May 27, 2015)
| Page Range | 30187-30189 | |
| FR Document | 2015-12767 |
[Federal Register Volume 80, Number 101 (Wednesday, May 27, 2015)] [Proposed Rules] [Pages 30187-30189] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-12767] ======================================================================= ----------------------------------------------------------------------- OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE 32 CFR Part 1701 Privacy Act of 1974: Implementation AGENCY: Office of the Director of National Intelligence. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Office of the Director of National Intelligence (ODNI) proposes to exempt two new systems of records from subsections (c)(3); (d)(1),(2),(3),(4); (e)(1) and (e)(4)(G),(H),(I); and (f) of the Privacy Act. With respect to the existing system of records named ODNI Information Technology Systems Activity and Access Records (ODNI-19), the ODNI proposes to invoke subsection (k)(2) as an additional rationale for exempting records from these provisions of the Privacy Act. The ODNI has previously established a rule, published on March 28, 2008, that will preserve the exempt status of records it receives when the reason for the exemption remains valid. DATES: Submit comments on or before July 6, 2015. ADDRESSES: You may submit comments by any of the following methods: Federal eRulemaking Portal: http://www.regulations.gov. Email: DNI-FederalRegister@dni.gov. Mail: Information Management Division, Office of the Director of National Intelligence, Washington, DC 20511. FOR FURTHER INFORMATION CONTACT: Jennifer L. Hudson, Director, Information Management Division, Office of the Chief Information Officer, Office of the Director of National Intelligence, Washington, DC 20511; 703-874-8085. SUPPLEMENTARY INFORMATION: In compliance with the Privacy Act, 5 U.S.C. 552a(e)(4), the ODNI describes in the notice section of this Federal Register the following two new systems of records: Counterintelligence Trends Analyses Records (ODNI/NCSC-002) and Insider Threat Program Records (ODNI-22). As permitted by the Privacy Act, 5 U.S.C. 552a(k), pursuant to this rulemaking, the Director of National Intelligence (DNI) is invoking exemption of records in these systems from the requirements of certain provisions of the Privacy Act, as described herein. In addition, the DNI is invoking subsection 552a(k)(2) as a further basis of exemption for records contained in the existing system entitled Information Technology Systems Activity and Access Records (ODNI-19). Regulatory Flexibility Act This proposed rule affects the manner in which the ODNI collects and maintains information about individuals. The ODNI certifies that this rulemaking will not have a significant economic impact on a substantial number of small entities. Accordingly, pursuant to the Regulatory Flexibility Act, 5 U.S.C. 601-612, no regulatory flexibility analysis is required for this rule. Small Entity Inquiries The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996 requires the ODNI to comply with small entity requests for information and advice about compliance with statutes and regulations within the ODNI's jurisdiction. Any small entity that has a question regarding this document may address it to the information contact listed above. Further information regarding SBREFA is available on the Small Business Administration's Web page at http://www.sga.gov/advo/law/law_lib.html. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires that the [[Page 30188]] ODNI consider the impact of paperwork and other burdens imposed on the public associated with the collection of information. There are no information collection requirements associated with this proposed rule and therefore no analysis of burden is required. Executive Order 12866, Regulatory Planning and Review This proposed rule is not a ``significant regulatory action'' within the meaning of Executive Order 12866. This rule will not have an annual effect on the economy of $100 million or more or otherwise adversely affect the economy or sector of the economy in a material way; will not create inconsistency with or interfere with other agency action; will not materially alter the budgetary impact of entitlements, grants, fees, or loans or the right and obligations of recipients thereof; or raise legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order. Accordingly, further regulatory evaluation is not required. Unfunded Mandates Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, 109 Stat. 48 (Mar. 22, 1995) requires Federal agencies to assess the effects of certain regulatory actions on State, local, and tribal governments, and the private sector. This proposed rule imposes no Federal mandate on any State, local, or tribal government or on the private sector. Accordingly, no UMRA analysis of economic and regulatory alternatives is required. Executive Order 13132, Federalism Executive Order 13132 requires the ODNI to examine the implications for the distribution of power and responsibilities among the various levels of government resulting from this proposed rule. The ODNI concludes that the proposed rule does not affect the rights, roles, and responsibilities of the States, involves no preemption of State law, and does not limit State policymaking discretion. This rule has no federalism implications as defined by the Executive Order. Environmental Impact The ODNI has reviewed this action for purposes of the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321-4347 and has determined that this action will not have a significant effect on the human environment. Energy Impact The energy impact of this action has been assessed in accordance with the Energy Policy and Conservation Act (EPCA), Public Law 94-163, as amended, 42 U.S.C. 6362. This rulemaking is not a major regulatory action under the provisions of the EPCA. List of Subjects in 32 CFR Part 1701 Records, Privacy Act. For the reasons stated in the preamble, the ODNI proposes to amend 32 CFR part 1701 as follows: PART 1701--ADMINISTRATION OF RECORDS UNDER THE PRIVACY ACT OF 1974 0 1. The authority citation for part 1701 continues to read as follows: Authority: 50 U.S.C. 401-442; 5 U.S.C. 552a. 0 2. Revise Sec. 1701.24 to read as follows: Sec. 1701.24 Exemption of Office of the Director of National Intelligence (ODNI) systems of records. (a) The ODNI may invoke its authority to exempt the following systems of records from the requirements of subsections (c)(3); (d)(1),(2),(3) and (4); (e)(1) and (e)(4)(G),(H),(I); and (f) of the Privacy Act to the extent that information in the system is subject to exemption pursuant subsections (k)(1), (k)(2), or (k)(5) of the Act as noted in the existing system notice entitled ODNI Information Technology Systems Activity and Access Records (ODNI-19) and in the following new systems notices: (1) Counterintelligence Trends Analyses Records (ODNI/NCSC-002). (2) Insider Threat Program Records (ODNI-22). (b) Exemptions of records in these systems from any or all of the enumerated requirements may be necessary for the following reasons: (1) From subsection (c)(3) (accounting of disclosures) because an accounting of disclosures from records concerning the record subject would specifically reveal an intelligence or investigative interest on the part of the ODNI or recipient agency and could result in release of properly classified national security or foreign policy information. (2) From subsections (d)(1), (2), (3) and (4) (record subject's right to access and amend records) because affording access and amendment rights could alert the record subject to the investigative interest of intelligence or law enforcement agencies or compromise sensitive information classified in the interest of national security. In the absence of a national security basis for exemption, records in this system may be exempted from access and amendment to the extent necessary to honor promises of confidentiality to persons providing information concerning a candidate for position. Inability to maintain such confidentiality would restrict the free flow of information vital to a determination of a candidate's qualifications and suitability. (3) From subsection (e)(1) (maintain only relevant and necessary records) because it is not always possible to establish relevance and necessity before all information is considered and evaluated in relation to an intelligence concern. In the absence of a national security basis for exemption under subsection (k)(1), records in this system may be exempted from the relevance requirement pursuant to subsections (k)(2) and (k)(5) because it is not possible to determine in advance what exact information may assist in non-criminal law enforcement investigations or in determining the continued eligibility of an individual for access to classified information. Seemingly irrelevant details, when combined with other data, can provide a useful composite for investigatory and evaluation purposes. (4) From subsections (e)(4)(G) and (H) (publication of procedures for notifying subjects of the existence of records about them and how they may access records and contest contents) because the system is exempted from subsection (d) provisions regarding access and amendment, and from the subsection (f) requirement to promulgate agency rules. Nevertheless, the ODNI has published notice concerning notification, access, and contest procedures because it may in certain circumstances determine it appropriate to provide subjects access to all or a portion of the records about them in a system of records. (5) From subsection (e)(4)(I) (identifying sources of records in the system of records) because identifying sources could result in disclosure of properly classified national defense or foreign policy information, intelligence sources and methods, and investigatory techniques and procedures. Notwithstanding its proposed exemption from this requirement, ODNI identifies record sources in broad categories sufficient to provide general notice of the origins of the information it maintains in its systems of records. (6) From subsection (f) (agency rules for notifying subjects to the existence of records about them, for accessing and amending records, and for assessing [[Page 30189]] fees) because the system is exempt from subsection (d) provisions regarding access and amendment of records by record subjects. Nevertheless, the ODNI has published agency rules concerning notification of a subject in response to his request if any system of records named by the subject contains a record pertaining to him and procedures by which the subject may access or amend the records. Notwithstanding exemption, the ODNI may determine it appropriate to satisfy a record subject's access request. Dated: May 19, 2015. Mark W. Ewing, Chief Management Officer. [FR Doc. 2015-12767 Filed 5-26-15; 8:45 am] BILLING CODE 9500-01-P
![Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Proposed Rules 30187
information in response to this request, good candidates for a rewriting in plain Federal eRulemaking Portal: http://
which we considered in preparing our language. www.regulations.gov.
plan for retrospective regulatory review. (5) How can we ensure that our Email: DNI-FederalRegister@dni.gov.
The plan is available on DOI’s Open regulations promote our mission in Mail: Information Management
Government Web site at: http:// ways that are most efficient and least Division, Office of the Director of
www.doi.gov/open/regsreview/. This burdensome to the public? National Intelligence, Washington, DC
Web site provides links to the plan, the The Department is issuing this request 20511.
Department’s regulations, and an email solely to seek useful information as part
FOR FURTHER INFORMATION CONTACT:
in-box at RegsReview@ios.doi.gov that of its ongoing public engagement
process. Responses to this request do Jennifer L. Hudson, Director,
interested parties may use to suggest, on Information Management Division,
an ongoing basis, improvements to not bind DOI to any further actions
related to the response. Office of the Chief Information Officer,
DOI’s regulations. Office of the Director of National
We continue to invite comment on all Before including your address, or
other personal identifying information Intelligence, Washington, DC 20511;
of our regulations but are specifically 703–874–8085.
asking for public comment on the in your comment, you should be aware
that your entire comment—including SUPPLEMENTARY INFORMATION: In
following regulations or policy
documents at this time: your personal identifying information— compliance with the Privacy Act, 5
may be made publicly available at any U.S.C. 552a(e)(4), the ODNI describes in
25 CFR part 169—Rights-of-Way on
time pursuant to the Freedom of the notice section of this Federal
Indian Land (1076–AF20)
25 CFR part 23—Indian Child Welfare Information Act. While you can ask us Register the following two new systems
Act (1076–AF25) in your comment to withhold your of records: Counterintelligence Trends
25 CFR part 256—Housing Improvement personal identifying information from Analyses Records (ODNI/NCSC–002)
Program (1076–AF22) the public review, we would seek to and Insider Threat Program Records
Expanding Incentives for Voluntary honor your request to the extent (ODNI–22). As permitted by the Privacy
Conservation Actions Under the allowable under the law but we cannot Act, 5 U.S.C. 552a(k), pursuant to this
Endangered Species Act (1018–AY29) guarantee that we will be able to do so. rulemaking, the Director of National
Authority: E.O. 13653, 76 FR 3821, Jan. Intelligence (DNI) is invoking
Ongoing Public Engagement 21, 2011; E.O. 12866, 58 FR 51735, Oct. 4, exemption of records in these systems
DOI views retrospective regulatory 1993. from the requirements of certain
review as a continuing process. Public Dated: May 20, 2015. provisions of the Privacy Act, as
engagement is an essential element, and Michael L. Connor,
described herein. In addition, the DNI is
the public may submit feedback at any invoking subsection 552a(k)(2) as a
Deputy Secretary.
time via email at RegsReview@ further basis of exemption for records
[FR Doc. 2015–12622 Filed 5–22–15; 8:45 am]
ios.doi.gov. contained in the existing system entitled
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At this time, we are asking for Information Technology Systems
comments related to the following Activity and Access Records (ODNI–19).
questions:
(1) Are there any specific changes we OFFICE OF THE DIRECTOR OF Regulatory Flexibility Act
could make to these regulations that NATIONAL INTELLIGENCE This proposed rule affects the manner
would make them more effective or less in which the ODNI collects and
burdensome in achieving their 32 CFR Part 1701 maintains information about
regulatory objectives? Privacy Act of 1974: Implementation individuals. The ODNI certifies that this
(2) DOI has proposed specific rules to rulemaking will not have a significant
review over the next two years. Are AGENCY: Office of the Director of economic impact on a substantial
there other rules that could benefit from National Intelligence. number of small entities. Accordingly,
retrospective review in the near future? ACTION: Proposed rule. pursuant to the Regulatory Flexibility
If so, please identify the rules by their Act, 5 U.S.C. 601–612, no regulatory
CFR citation (e.g., 25 CFR part 39) or by SUMMARY: The Office of the Director of flexibility analysis is required for this
their subject matter (e.g., forestry rules) National Intelligence (ODNI) proposes rule.
and give us detailed ideas on how we to exempt two new systems of records
can streamline, consolidate, or make from subsections (c)(3); (d)(1),(2),(3),(4); Small Entity Inquiries
these regulations more efficient. Please (e)(1) and (e)(4)(G),(H),(I); and (f) of the The Small Business Regulatory
suggest specific language that would Privacy Act. With respect to the existing Enforcement Fairness Act (SBREFA) of
make these rules or guidance more system of records named ODNI 1996 requires the ODNI to comply with
efficient and less burdensome where Information Technology Systems small entity requests for information
possible. Activity and Access Records (ODNI–19), and advice about compliance with
(3) Are there ways DOI can better the ODNI proposes to invoke subsection statutes and regulations within the
scale its regulations to lessen the (k)(2) as an additional rationale for ODNI’s jurisdiction. Any small entity
burdens imposed on small entities exempting records from these that has a question regarding this
within the existing statutory provisions of the Privacy Act. The ODNI document may address it to the
requirements? Please suggest specific has previously established a rule, information contact listed above.
published on March 28, 2008, that will
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things we could do to exempt small Further information regarding SBREFA
entities or provide more flexible or less- preserve the exempt status of records it is available on the Small Business
burdensome requirements while still receives when the reason for the Administration’s Web page at http://
satisfying the requirements of the law. exemption remains valid. www.sga.gov/advo/law/law_lib.html.
(4) Are DOI regulations and guidance DATES: Submit comments on or before
written in language that is clear and July 6, 2015. Paperwork Reduction Act
easy to understand? Please suggest ADDRESSES: You may submit comments The Paperwork Reduction Act of 1995
which regulations and guidance are by any of the following methods: (44 U.S.C. 3507(d)) requires that the
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![Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Proposed Rules 30189
fees) because the system is exempt from comment period. We request that you telephone number in the body of your
subsection (d) provisions regarding not re-submit comments already in the document so that we can contact you if
access and amendment of records by docket. we have questions regarding your
record subjects. Nevertheless, the ODNI DATES: Comments and related material submission.
has published agency rules concerning must either be submitted to our online To submit your comment online, go to
notification of a subject in response to docket via http://www.regulations.gov http://www.regulations.gov and use
his request if any system of records on or before July 1, 2015 or reach the ‘‘USCG–2013–1087’’ as your search
named by the subject contains a record Docket Management Facility by that term. Locate the docket for this
pertaining to him and procedures by date. rulemaking and follow the instructions
which the subject may access or amend on that Web site for submitting public
ADDRESSES: You may submit comments
the records. Notwithstanding comments. If you submit your
identified by docket number USCG– comments by mail or hand delivery,
exemption, the ODNI may determine it 2013–1087 using any one of the
appropriate to satisfy a record subject’s submit them in an unbound format, no
following methods: larger than 81⁄2 by 11 inches, suitable for
access request. (1) Federal eRulemaking Portal: copying and electronic filing. If you
Dated: May 19, 2015. http://www.regulations.gov; submit comments by mail and would
Mark W. Ewing, (2) Fax: 202–493–2251;
(3) Mail: Docket Management Facility like to know that they reached the
Chief Management Officer. Facility, please enclose a stamped, self-
[FR Doc. 2015–12767 Filed 5–26–15; 8:45 am]
(M–30), U.S. Department of
Transportation, West Building Ground addressed postcard or envelope. We will
BILLING CODE 9500–01–P consider all comments and material
Floor, Room W12–140, 1200 New Jersey
received during the comment period.
Avenue SE., Washington, DC 20590–
Viewing comments and documents:
0001; or To view comments, as well as
DEPARTMENT OF HOMELAND (4) Hand delivery: Same as mail
SECURITY documents mentioned in the NPRM as
address above, between 9 a.m. and 5
being available in the docket, go to
p.m., Monday through Friday, except
Coast Guard http://www.regulations.gov and use
Federal holidays. The telephone number
‘‘USCG–2013–1087’’ as your search
is 202–366–9329.
33 CFR Parts 101 and 105 To avoid duplication, please use only term. Locate the docket for this
rulemaking and follow the instructions
[Docket No. USCG–2013–1087] one of these four methods. See the
on that Web site for viewing comments
‘‘Public Participation and Request for
Seafarers’ Access to Maritime and documents in the docket. If you do
Comments’’ portion of the
Facilities not have access to the Internet, you may
SUPPLEMENTARY INFORMATION section
view the docket online by visiting the
Coast Guard, DHS.
AGENCY: below for instructions on submitting
Docket Management Facility in Room
comments.
Notice to reopen public
ACTION: W12–140 on the ground floor of the
comment period. FOR FURTHER INFORMATION CONTACT: If Department of Transportation West
you have questions about this notice, Building, 1200 New Jersey Avenue SE.,
SUMMARY: The Coast Guard is reopening call or email LCDR Kevin McDonald, Washington, DC 20590, between 9 a.m.
the public comment period for the Cargo and Facilities Division (CG–FAC– and 5 p.m., Monday through Friday,
notice of proposed rulemaking (NPRM) 2), Coast Guard; telephone 202–372– except Federal holidays. We have an
entitled ‘‘Seafarers’ Access to Maritime 1168; email Kevin.J.McDonald2@ agreement with the Department of
Facilities,’’ which published in the uscg.mil. If you have questions on Transportation to use the Docket
Federal Register on December 29, 2014. viewing material in the docket, call Ms. Management Facility.
The NPRM proposed to require each Cheryl Collins, Program Manager, Privacy Act: Anyone can search the
owner or operator of a facility regulated Docket Operations, telephone 202–366– electronic form of comments received
by the Coast Guard to implement a 9826. into any of our dockets by the name of
system that provides seafarers and other SUPPLEMENTARY INFORMATION: the individual submitting the comment
individuals with access between vessels (or signing the comment, if submitted
moored at the facility and the facility Public Participation and Request for on behalf of an association, business,
gate, in a timely manner and at no cost Comments labor union, etc.). You may review a
to the seafarer or other individual. As We encourage you to participate in Privacy Act system of records notice
originally published, the comment this rulemaking by submitting regarding our public dockets in the
period for the NPRM closed on February comments and related materials. All January 17, 2008, issue of the Federal
27, 2015. Several members of the public comments received will be posted, Register (73 FR 3316).
have requested additional time to without change, to http://
comment on the NPRM, citing various www.regulations.gov and will include Regulatory History and Information
timing constraints. In order to provide any personal information you have On December 29, 2014, the Coast
interested members of the public an provided. Guard published an NPRM entitled
additional opportunity to submit Submitting comments: If you submit a ‘‘Seafarers’ Access to Maritime
comments on the NPRM, the Coast comment, please include the docket Facilities’’ (79 FR 77981). The NPRM
Guard is reopening the public comment number for this rulemaking (USCG– proposed to require each owner or
Lhorne on DSK2VPTVN1PROD with PROPOSALS
period for 60 days. We are particularly 2013–1087) and provide a reason for operator of a facility regulated by the
interested in comments on our estimate each suggestion or recommendation. Coast Guard to implement a system that
that there is a 10.3 percent non- You may submit your comments and provides seafarers and other individuals
compliance rate of facilities with respect material online or by fax, mail or hand with access between vessels moored at
to providing seafarers’ access. In delivery, but please use only one of the facility and the facility gate in a
addition to comments on this topic, we these means. We recommend that you timely manner and at no cost to the
will consider all public comments on include your name and a mailing seafarer or other individual. As
the NPRM received during the reopened address, an email address, or a originally published, the comment
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Document Created: 2015-12-15 15:36:24
Document Modified: 2015-12-15 15:36:24
| 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 | Proposed rule. | |
| Dates | Submit comments on or before July 6, 2015. | |
| Contact | Jennifer L. Hudson, Director, Information Management Division, Office of the Chief Information Officer, Office of the Director of National Intelligence, Washington, DC 20511; 703-874-8085. | |
| FR Citation | 80 FR 30187 | |
| CFR Associated | Records and Privacy Act |
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR