80 FR 63427 - Privacy Act Systems of Records

OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE

Federal Register Volume 80, Issue 202 (October 20, 2015)

Page Range		63427-63428
FR Document		2015-24398

The Office of the Director of National Intelligence (ODNI) is issuing a final rule exempting two (2) 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, and invoking subsection (k)(2) as an additional basis for exempting records from these provisions of the Act with respect to one (1) existing system of records. The ODNI published a notice and a proposed rule implementing these exemptions on May 27, 2015. The enumerated exemptions will be invoked on a case by case basis, as necessary to preclude interference with investigatory, intelligence and counterterrorism functions and responsibilities of the ODNI. The ODNI received no comments regarding the proposed rule.

Federal Register, Volume 80 Issue 202 (Tuesday, October 20, 2015)

[Federal Register Volume 80, Number 202 (Tuesday, October 20, 2015)]
[Rules and Regulations]
[Pages 63427-63428]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24398]


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OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE

32 CFR Part 1701


Privacy Act Systems of Records

AGENCY: Office of the Director of National Intelligence.

ACTION: Final rule.

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

SUMMARY: The Office of the Director of National Intelligence (ODNI) is 
issuing a final rule exempting two (2) 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, and invoking subsection (k)(2) as an 
additional basis for exempting records from these provisions of the Act 
with respect to one (1) existing system of records. The ODNI published 
a notice and a proposed rule implementing these exemptions on May 27, 
2015. The enumerated exemptions will be invoked on a case by case 
basis, as necessary to preclude interference with investigatory, 
intelligence and counterterrorism functions and responsibilities of the 
ODNI. The ODNI received no comments regarding the proposed rule.

DATES: This final rule is effective October 20, 2015.

FOR FURTHER INFORMATION CONTACT: Jennifer L. Hudson, Director, 
Information Management Division, 703-874-8085.

SUPPLEMENTARY INFORMATION:

Background

    On May 27, 2015, the Office of the Director of National 
Intelligence (ODNI) published notice of two new Privacy Act systems of 
records: Counterintelligence Trends Analyses Records (ODNI/NCSC-002) 
and Insider Threat Program Records (ODNI-22). These systems of records 
contain records that range from Unclassified to Top Secret. 
Accordingly, in conjunction with publication of these systems notices, 
and pursuant to exemption authority afforded the head of the agency by 
the Privacy Act, the ODNI initiated a rulemaking to exempt the systems 
in relevant part from provisions identified at subsection (k) of the 
Act (enumerated above). The proposed rulemaking also sought to amend 
the system of records entitled Information Technology Systems Activity 
and Access Records (ODNI-19), originally published at 76 FR 42742 (July 
19, 2011), by adding subsection (k)(2) of the Privacy Act as a basis 
for exempting records covered by that system from the provisions noted. 
The affected systems notices and proposed exemption rule

[[Page 63428]]

are published at 80 FR 30271 and 30187.
    This final rule differs from the proposed rule in that it deletes 
from 32 CFR 1701.24 a list of ODNI Systems of Records Notices (SORNs). 
The proposed rule would have added the newly published SORNs to this 
listing. In lieu of revising the ODNI Privacy Act Regulation as SORNs 
are published or rescinded, ODNI will periodically publish a 
consolidated list of new, updated or deleted SORNs.

Public Comments

    None.

Final Rule: Implementation of Exemption Rule and Systems Notices

    Absent comment or objection from any member of the public, the ODNI 
has determined to issue the proposed exemption rule in final form and 
to implement the new and amended systems of records as described. The 
exemptions proposed are necessary and appropriate to protect 
intelligence equities undergirding ODNI's mission and functions and, 
narrowly applied, they do so consistent with privacy principles. By 
restrictively construing the exemptions to apply only to records that 
satisfy thresholds articulated in subsection (k), ODNI achieves the 
goal of balancing intelligence-related equities with fair information 
principles and values.

Regulatory Flexibility Act

    This rule affects only the manner in which ODNI collects and 
maintains information about individuals. ODNI certifies that this 
rulemaking does not impact small entities and that analysis under the 
Regulatory Flexibility Act, 5 U.S.C. 601-612, is not required.

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 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.sba.gov/advo/laws/law-lib.html.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 944 U.S.C. 3507(d) requires 
that the 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 
rule and therefore no analysis of burden is required.

Executive Order 12866, Regulatory Planning and Review

    This rule is not a ``significant regulatory action,'' within the 
meaning of Executive Order 12866. This rule will not adversely affect 
the economy or a 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 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 agencies to examine the implications 
for the distribution of power and responsibilities among the various 
levels of government resulting from their rules. ODNI concludes that 
this 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

    This rulemaking will not have a significant effect on the human 
environment under the provisions of the National Environmental Policy 
Act of 1969 (NEPA), 42 U.S.C. 4321-4347.

Energy Impact

    This rulemaking is not a major regulatory action under the 
provisions of the Energy Policy and Conservation Act (EPCA), Pub. L. 
94-163) as amended, 42 U.S.C. 6362.

List of Subjects in 32 CFR Part 1701

    Administrative practice and procedure, Privacy.

    For the reasons set forth above, ODNI amends 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.

Subpart B--[AMENDED]

0
2. Amend Sec.  1701.24 by revising paragraphs (a) 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 systems of records 
from the requirements of subsections (c)(3); (d)(1), (2), (3) and (4); 
(e)(1); (e)(4)(G), (H), (I); and (f) of the Privacy Act to the extent 
that records covered by the systems are subject to exemption pursuant 
subsection (k) of the Act.
* * * * *

    Dated: August 27, 2015.
Mark W. Ewing,
Chief Management Officer.
[FR Doc. 2015-24398 Filed 10-19-15; 8:45 am]
 BILLING CODE 9500-01-P

Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Rules and Regulations 63427

71.1. The Class D and E airspace September 15, 2015, is amended as OFFICE OF THE DIRECTOR OF
designations listed in this document follows: NATIONAL INTELLIGENCE
will be published subsequently in the Paragraph 5000 Class D Airspace.
Order. 32 CFR Part 1701
* * * * *
Regulatory Notices and Analyses AGL OH D Columbus, Ohio State Privacy Act Systems of Records
The FAA has determined that this University Airport, OH [Amended] AGENCY: Office of the Director of
regulation only involves an established Columbus, Ohio State University Airport, OH National Intelligence.
body of technical regulations for which (Lat. 40°04′47″ N., long. 83°04′23″ W.)
ACTION: Final rule.
frequent and routine amendments are That airspace extending upward from the
necessary to keep them operationally surface to and including 3,400 feet MSL SUMMARY: The Office of the Director of
current, is non-controversial and within a 4-mile radius of Ohio State National Intelligence (ODNI) is issuing a
unlikely to result in adverse or negative University Airport, excluding that airspace final rule exempting two (2) new
comments. It, therefore: (1) Is not a within the Port Columbus International
Airport, OH, Class C airspace area. This Class systems of records from subsections
‘‘significant regulatory action’’ under D airspace area is effective during the (c)(3); (d)(1),(2),(3),(4); (e)(1) and
Executive Order 12866; (2) is not a specific dates and times established in (e)(4)(G),(H),(I); and (f) of the Privacy
‘‘significant rule’’ under DOT advance by a Notice to Airmen. The effective Act, and invoking subsection (k)(2) as
Regulatory Policies and Procedures (44 dates and times will thereafter be an additional basis for exempting
FR 11034; February 26, 1979); and (3) continuously published in the Airport/ records from these provisions of the Act
does not warrant preparation of a Facility Directory. with respect to one (1) existing system
Regulatory Evaluation as the anticipated Paragraph 6004 Class E Airspace Areas of records. The ODNI published a notice
impact is so minimal. Since this is a Designated as a Surface Area. and a proposed rule implementing these
routine matter that only affects air traffic * * * * * exemptions on May 27, 2015. The
procedures and air navigation, it is enumerated exemptions will be invoked
certified that this rule, when AGL OH E4 Columbus, Ohio State
University Airport, OH [Removed]
on a case by case basis, as necessary to
promulgated, does not have a significant preclude interference with
economic impact on a substantial Paragraph 6005 Class E Airspace Areas investigatory, intelligence and
number of small entities under the Extending Upward From 700 Feet or More counterterrorism functions and
criteria of the Regulatory Flexibility Act. Above the Surface of the Earth.
responsibilities of the ODNI. The ODNI
* * * * * received no comments regarding the
Environmental Review
AGL OH E5 Columbus, OH [Amended] proposed rule.
The FAA has determined that this DATES: This final rule is effective
Columbus, Port Columbus International
action qualifies for categorical exclusion Airport, OH October 20, 2015.
under the National Environmental (Lat. 39°59′49″ N., long. 82°53′32″ W.) FOR FURTHER INFORMATION CONTACT:
Policy Act in accordance with FAA Columbus, Rickenbacker International Jennifer L. Hudson, Director,
Order 1050.1F, ‘‘Environmental Airport, OH Information Management Division, 703–
Impacts: Policies and Procedures,’’ (Lat. 39°48′50″ N., long. 82°55′40″ W.)
Columbus, Ohio State University Airport, OH 874–8085.
paragraph 311a. This airspace action is
(Lat. 40°04′47″ N., long. 83°04′23″ W.) SUPPLEMENTARY INFORMATION:
not expected to cause any potentially
significant environmental impacts, and Columbus, Bolton Field Airport, OH
(Lat. 39°54′04″ N., long. 83°08′13″ W.) Background
no extraordinary circumstances exists Columbus, Darby Dan Airport, OH On May 27, 2015, the Office of the
that warrant preparation of an (Lat. 39°56′31″ N., long. 83°12′18″ W.) Director of National Intelligence (ODNI)
environmental assessment. Lancaster, Fairfield County Airport, OH published notice of two new Privacy
(Lat. 39°45′20″ N., long. 82°39′26″ W.)
Lists of Subjects in 14 CFR Part 71: Act systems of records:
That airspace extending upward from 700 Counterintelligence Trends Analyses
Airspace, Incorporation by reference, feet above the surface within a 7-mile radius
Navigation (air). of Port Columbus International Airport, and Records (ODNI/NCSC–002) and Insider
within 3.3 miles either side of the 094° Threat Program Records (ODNI–22).
Adoption of the Amendment bearing from Port Columbus International These systems of records contain
In consideration of the foregoing, the Airport extending from the 7-mile radius to records that range from Unclassified to
Federal Aviation Administration 12.1 miles east of the airport, and within a Top Secret. Accordingly, in conjunction
7-mile radius of Rickenbacker International with publication of these systems
amends 14 CFR part 71 as follows: Airport, and within 4 miles either side of the notices, and pursuant to exemption
045° bearing from Rickenbacker International
PART 71—DESIGNATION OF CLASS A, Airport extending from the 7-mile radius to
authority afforded the head of the
B, C, D, AND E AIRSPACE AREAS; AIR 12.5 miles northeast of the airport, and agency by the Privacy Act, the ODNI
TRAFFIC SERVICE ROUTES; AND within a 6.5-mile radius of Ohio State initiated a rulemaking to exempt the
REPORTING POINTS University Airport, and within a 7.4-mile systems in relevant part from provisions
radius of Bolton Field Airport, and within a identified at subsection (k) of the Act
■ 1. The authority citation for Part 71 6.4-mile radius of Fairfield County Airport, (enumerated above). The proposed
continues to read as follows: and within a 6.5-mile radius of Darby Dan rulemaking also sought to amend the
Airport, excluding that airspace within the system of records entitled Information
Authority: 49 U.S.C. 106(f), 106(g); 40103, London, OH, Class E airspace area.
40113, 40120, E.O. 10854, 24 FR 9565, 3 CFR, Technology Systems Activity and
mstockstill on DSK4VPTVN1PROD with RULES

1959–1963 Comp., p. 389. Issued in Fort Worth, TX, on October 8, Access Records (ODNI–19), originally
2015. published at 76 FR 42742 (July 19,
§ 71.1 [Amended] Robert W. Beck, 2011), by adding subsection (k)(2) of the
■ 2. The incorporation by reference in Manager, Operations Support Group, ATO Privacy Act as a basis for exempting
14 CFR 71.1 of FAA Order 7400.9Z, Central Service Center. records covered by that system from the
Airspace Designations and Reporting [FR Doc. 2015–26280 Filed 10–19–15; 8:45 am] provisions noted. The affected systems
Points, dated August 6, 2015, effective BILLING CODE 4910–13–P notices and proposed exemption rule

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63428 Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Rules and Regulations

are published at 80 FR 30271 and information. There are no information For the reasons set forth above, ODNI
30187. collection requirements associated with amends 32 CFR part 1701 as follows:
This final rule differs from the this rule and therefore no analysis of
proposed rule in that it deletes from 32 burden is required. PART 1701—ADMINISTRATION OF
CFR 1701.24 a list of ODNI Systems of RECORDS UNDER THE PRIVACY ACT
Executive Order 12866, Regulatory OF 1974
Records Notices (SORNs). The proposed
Planning and Review
rule would have added the newly
published SORNs to this listing. In lieu This rule is not a ‘‘significant ■ 1. The authority citation for part 1701
of revising the ODNI Privacy Act regulatory action,’’ within the meaning continues to read as follows:
Regulation as SORNs are published or of Executive Order 12866. This rule will Authority: 50 U.S.C. 401–442; 5 U.S.C.
rescinded, ODNI will periodically not adversely affect the economy or a 552a.
publish a consolidated list of new, sector of the economy in a material way;
updated or deleted SORNs. will not create inconsistency with or Subpart B—[AMENDED]
interfere with other agency action; will
Public Comments ■ 2. Amend § 1701.24 by revising
not materially alter the budgetary
None. paragraphs (a) to read as follows:
impact of entitlements, grants, fees or
Final Rule: Implementation of loans or the right and obligations of § 1701.24 Exemption of Office of the
Exemption Rule and Systems Notices recipients thereof; or raise legal or Director of National Intelligence (ODNI)
policy issues arising out of legal systems of records.
Absent comment or objection from mandates, the President’s priorities or (a) The ODNI may invoke its authority
any member of the public, the ODNI has the principles set forth in the Executive to exempt systems of records from the
determined to issue the proposed Order. Accordingly, further regulatory requirements of subsections (c)(3);
exemption rule in final form and to evaluation is not required. (d)(1), (2), (3) and (4); (e)(1); (e)(4)(G),
implement the new and amended (H), (I); and (f) of the Privacy Act to the
systems of records as described. The Unfunded Mandates
extent that records covered by the
exemptions proposed are necessary and Title II of the Unfunded Mandates systems are subject to exemption
appropriate to protect intelligence Reform Act of 1995 (UMRA), Public pursuant subsection (k) of the Act.
equities undergirding ODNI’s mission Law 104–4, 109 Stat. 48 (Mar. 22, 1995),
and functions and, narrowly applied, * * * * *
requires Federal agencies to assess the
they do so consistent with privacy effects of certain regulatory actions on Dated: August 27, 2015.
principles. By restrictively construing State, local and tribal governments, and Mark W. Ewing,
the exemptions to apply only to records the private sector. This rule imposes no Chief Management Officer.
that satisfy thresholds articulated in Federal mandate on any State, local or [FR Doc. 2015–24398 Filed 10–19–15; 8:45 am]
subsection (k), ODNI achieves the goal tribal government or on the private BILLING CODE 9500–01–P
of balancing intelligence-related equities sector. Accordingly, no UMRA analysis
with fair information principles and of economic and regulatory alternatives
values. is required. DEPARTMENT OF HOMELAND
Regulatory Flexibility Act Executive Order 13132, Federalism SECURITY
This rule affects only the manner in Executive Order 13132 requires Coast Guard
which ODNI collects and maintains agencies to examine the implications for
information about individuals. ODNI the distribution of power and 33 CFR Part 117
certifies that this rulemaking does not responsibilities among the various
impact small entities and that analysis levels of government resulting from [Docket No. USCG–2015–0925]
under the Regulatory Flexibility Act, 5 their rules. ODNI concludes that this
U.S.C. 601–612, is not required. Drawbridge Operation Regulation;
rule does not affect the rights, roles and
Arthur Kill, Staten Island, New York
Small Entity Inquiries responsibilities of the States, involves
no preemption of State law and does not AGENCY: Coast Guard, DHS.
The Small Business Regulatory limit state policymaking discretion. This ACTION:Notice of temporary deviation
enforcement Fairness Act (SBREFA) of rule has no federalism implications as from drawbridge regulation.
1996 requires the ODNI to comply with defined by the Executive Order.
small entity requests for information SUMMARY: The Coast Guard has issued a
and advice about compliance with Environmental Impact
temporary deviation from the operating
statutes and regulations within the This rulemaking will not have a schedule that governs the Arthur Kill
ODNI jurisdiction. Any small entity that significant effect on the human (AK) Railroad Bridge across Arthur Kill,
has a question regarding this document environment under the provisions of the mile 11.6, between Staten Island, New
may address it to the information National Environmental Policy Act of York and Elizabeth, New Jersey. Under
contact listed above. Further 1969 (NEPA), 42 U.S.C. 4321–4347. this temporary deviation the bridge may
information regarding SBREFA is remain in the closed position to
available on the Small Business Energy Impact
facilitate scheduled maintenance. This
Administration’s Web page at http:// This rulemaking is not a major deviation is necessary to facilitate tie
www.sba.gov/advo/laws/law-lib.html. regulatory action under the provisions and miter rail replacement on the lift
mstockstill on DSK4VPTVN1PROD with RULES

of the Energy Policy and Conservation span.
Paperwork Reduction Act
Act (EPCA), Pub. L. 94–163) as
The Paperwork Reduction Act of 1995 amended, 42 U.S.C. 6362. DATES: This deviation is effective from
944 U.S.C. 3507(d) requires that the 6 a.m. on October 23, 2015 to 2:48 p.m.
ODNI consider the impact of paperwork List of Subjects in 32 CFR Part 1701 on December 13, 2015.
and other burdens imposed on the Administrative practice and ADDRESSES: The docket for this
public associated with the collection of procedure, Privacy. deviation, [USCG–2015–0925] is

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Document Created: 2015-12-14 15:25:35
Document Modified: 2015-12-14 15:25:35

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		Rules and Regulations
Action		Final rule.
Dates		This final rule is effective October 20, 2015.
Contact		Jennifer L. Hudson, Director, Information Management Division, 703-874-8085.
FR Citation		80 FR 63427
CFR Associated		Administrative Practice and Procedure and Privacy