81 FR 36228 - Privacy Act of 1974; Implementation; Extension of Comment Period

DEPARTMENT OF JUSTICE

Federal Register Volume 81, Issue 108 (June 6, 2016)

Page Range		36228-36229
FR Document		2016-13352

The Department of Justice (Department or DOJ), Federal Bureau of Investigation (FBI), is extending the comment period for its proposal to exempt ``The Next Generation Identification (NGI) System,'' JUSTICE/FBI-009, from certain provisions of the Privacy Act, published in the Federal Register on May 5, 2016 (81 FR 27288). The original comment period is scheduled to expire on June 6, 2016. The Department is now extending the time period for public comments by 30 days. The updated comment period is scheduled to expire on July 6, 2016. This action will allow interested persons additional time to analyze the proposal and prepare their comments.

Federal Register, Volume 81 Issue 108 (Monday, June 6, 2016)

[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Proposed Rules]
[Pages 36228-36229]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13352]


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

DEPARTMENT OF JUSTICE

28 CFR Part 16

[CPCLO Order No. 005-2016]


Privacy Act of 1974; Implementation; Extension of Comment Period

AGENCY: Federal Bureau of Investigation, United States Department of 
Justice.

ACTION: Notice of proposed rulemaking; extension of comment period.

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

SUMMARY: The Department of Justice (Department or DOJ), Federal Bureau 
of Investigation (FBI), is extending the comment period for its 
proposal to exempt ``The Next Generation Identification (NGI) System,'' 
JUSTICE/FBI-009, from certain provisions of the Privacy Act, published 
in the Federal Register on May 5, 2016 (81 FR 27288). The original 
comment period is scheduled to expire on June 6, 2016. The Department 
is now extending the time period for public comments by 30 days. The 
updated comment period is scheduled to expire on July 6, 2016. This 
action will allow interested persons additional time to analyze the 
proposal and prepare their comments.

DATES: Comments on the notice of proposed rulemaking published May 5, 
2016 (81 FR 27288) must be submitted on or before July 6, 2016.

ADDRESSES: Address all comments to the Privacy Analyst, Privacy and 
Civil Liberties Office, National Place Building, 1331 Pennsylvania Ave. 
NW., Suite 1000, Washington, DC 20530-0001 or facsimile 202-307-0693. 
To ensure proper handling, please reference either this CPCLO Order 
No., or the CPCLO Order No. from the original notice of proposed 
rulemaking (CPCLO Order No. 003-2016) on your correspondence. You may 
review an electronic version of the proposed rule at http://www.regulations.gov. You may also comment via the Internet to either 
[email protected]; or by using the http://www.regulations.gov comment form. When submitting comments 
electronically, you must include the CPCLO Order No., as described 
above, in the subject box.
    Please note that the Department is requesting that electronic 
comments be submitted before midnight Eastern Daylight Savings Time on 
the day the

[[Page 36229]]

comment period closes because http://www.regulations.gov terminates the 
public's ability to submit comments at that time. Commenters in time 
zones other than Eastern Time may want to consider this so that their 
electronic comments are received. All comments sent via regular or 
express mail will be considered timely if postmarked on the day the 
comment period closes.
    Posting of Public Comments: Please note that all comments received 
are considered part of the public record and made available for public 
inspection online at http://www.regulations.gov and in the Department's 
public docket. Such information includes personal identifying 
information (such as your name, address, etc.) voluntarily submitted by 
the commenter.
    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 or made available in the public docket, you must 
include the phrase ``PERSONAL IDENTIFYING INFORMATION'' in the first 
paragraph of your comment. You must also place all personal identifying 
information you do not want posted online or made available in the 
public docket 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 or made available 
in the public docket, 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 that comment may not be posted online or made available in the 
public docket.
    Personal identifying information and confidential business 
information identified and located as set forth above will be redacted 
and the comment, in redacted form, will be posted online and placed in 
the Department's public docket file. Please note that the Freedom of 
Information Act applies to all comments received. If you wish to 
inspect the agency's public docket file in person by appointment, 
please see the FOR FURTHER INFORMATION CONTACT paragraph.

FOR FURTHER INFORMATION CONTACT: Roxane M. Panarella, Assistant General 
Counsel, Privacy and Civil Liberties Unit, Office of the General 
Counsel, FBI, Washington, DC 20535-0001, telephone 304-625-4000.

SUPPLEMENTARY INFORMATION: On May 5, 2016, the Department requested 
comments on its proposal to modify an existing FBI system of records 
notice titled, ``Fingerprint Identification Records System (FIRS),'' 
JUSTICE/FBI-009, and its proposal to amend the Department's Privacy Act 
regulations by establishing an exemption for records in this system of 
records from certain provisions of the Privacy Act pursuant to 5 U.S.C. 
552a(j) and (k).
    Both the notice of a modified system of records notice and notice 
of proposed rulemaking for this system of records originally provided 
that comments must be received by June 6, 2016. The Department has 
received requests to extend these comment periods. The Department 
believes that extending the comment periods would be appropriate in 
order to provide the public additional time to consider and comment on 
the proposals addressed in these notices. Therefore, the Department is 
extending both public comment periods for 30 days, until July 6, 2016. 
Elsewhere in the Federal Register, the Department is extending the 
comment period for the accompanying notice of modified system of 
records.

    Dated: June 1, 2016.
Erika Brown Lee,
Chief Privacy and Civil Liberties Officer, U.S. Department of Justice.
[FR Doc. 2016-13352 Filed 6-3-16; 8:45 am]
 BILLING CODE 4410-02-P

36228 Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Proposed Rules

comparison as well as the extent to (i) For visual disclosures on television: By direction of the Commission.
which the advertised vehicle’s driving If the fuel economy claims appear only Donald S. Clark,
range differs from other models. in the visual portion, the EPA figures Secretary.
Because it is highly unlikely that should appear in numbers twice as large [FR Doc. 2016–13098 Filed 6–3–16; 8:45 am]
advertisers can substantiate all as those used for any other estimate, and BILLING CODE 6750–01–P
reasonable interpretations of these should remain on the screen at least as
claims, advertisers making general long as any other estimate. Each EPA
driving range claims should disclose the figure should be broadcast against a DEPARTMENT OF JUSTICE
advertised vehicle’s EPA driving range solid color background that contrasts
estimate. easily with the color used for the 28 CFR Part 16
Example 1: An advertisement for an numbers when viewed on both color
and black and white television. [CPCLO Order No. 005–2016]
electric vehicle states: ‘‘This car has a great
driving range.’’ This claim likely conveys a (ii) For audio disclosures: For radio Privacy Act of 1974; Implementation;
variety of meanings, including that the and television advertisements in which
vehicle has a better driving range than all or
Extension of Comment Period
almost all other electric vehicles. However,
any other estimate is used only in the
audio, equal prominence should be AGENCY: Federal Bureau of
the EPA driving range estimate for this Investigation, United States Department
vehicle is only slightly better than roughly given to the EPA figures. The
half of all other electric vehicles on the Commission will regard the following as of Justice.
market. Because the advertiser cannot constituting equal prominence: the EPA ACTION: Notice of proposed rulemaking;
substantiate that the vehicle’s driving range estimated city and/or highway MPG extension of comment period.
is better than all or almost all other electric should be stated, either before or after
vehicles, the advertisement is likely to be each disclosure of such other estimate, SUMMARY: The Department of Justice
deceptive. In addition, the advertiser may not
at least as audibly as such other (Department or DOJ), Federal Bureau of
be able to substantiate other reasonable Investigation (FBI), is extending the
interpretations of the claim. To address this estimate.
comment period for its proposal to
problem, the advertisement should disclose (iii) For print and Internet disclosures: exempt ‘‘The Next Generation
the vehicle’s EPA driving range estimate (e.g., The EPA figures should appear in Identification (NGI) System,’’ JUSTICE/
‘‘EPA-estimated range of 70 miles per clearly legible type at least twice as
charge’’).
FBI–009, from certain provisions of the
large as that used for any other estimate. Privacy Act, published in the Federal
(l) Use of Non-EPA Estimates.—(1) The EPA figures should appear against Register on May 5, 2016 (81 FR 27288).
Disclosure Content: Given consumers’ a solid color, and contrasting The original comment period is
reliance on EPA estimated fuel economy background. They may not appear in a scheduled to expire on June 6, 2016.
values over the last several decades, fuel footnote unless all references to fuel The Department is now extending the
economy and driving range estimates economy appear in a footnote. time period for public comments by 30
derived from non-EPA tests can lead to Example 1: An internet advertisement days. The updated comment period is
deception if consumers confuse such states: ‘‘Independent driving experts took the scheduled to expire on July 6, 2016.
estimates with fuel economy ratings QXT car for a weekend spin and managed to This action will allow interested
derived from EPA-required tests. get 55 miles-per-gallon under a variety of persons additional time to analyze the
Accordingly, advertisers should avoid driving conditions.’’ It does not disclose the proposal and prepare their comments.
such claims and disclose the EPA fuel actual EPA fuel economy estimates, nor does
it explain how conditions during the DATES: Comments on the notice of
economy or driving range estimates proposed rulemaking published May 5,
whenever possible. However, if an ‘‘weekend spin’’ differed from those under
the EPA tests. This advertisement likely 2016 (81 FR 27288) must be submitted
advertisement includes a claim about a conveys that the 55 MPG figure is the same on or before July 6, 2016.
vehicle’s fuel economy or driving range or comparable to an EPA fuel economy ADDRESSES: Address all comments to
based on a non-EPA estimate, estimate for the vehicle. This claim is likely
advertisers should disclose the EPA the Privacy Analyst, Privacy and Civil
to be deceptive because it fails to disclose
estimate and disclose with substantially that fuel economy information is based on a Liberties Office, National Place
more prominence than the non-EPA non-EPA test, the source of the non-EPA test, Building, 1331 Pennsylvania Ave. NW.,
estimate: the EPA fuel economy estimates for the Suite 1000, Washington, DC 20530–
(i) That the fuel economy or driving vehicle, and all driving conditions or vehicle 0001 or facsimile 202–307–0693. To
range information is based on a non- configurations simulated by the non-EPA test ensure proper handling, please
that are different from those used in the EPA reference either this CPCLO Order No.,
EPA test;
test. or the CPCLO Order No. from the
(ii) The source of the non-EPA test;
Example 2: An advertisement states: ‘‘The original notice of proposed rulemaking
(iii) The EPA fuel economy estimates XZY electric car has a driving range of 110
or EPA driving range estimates for the (CPCLO Order No. 003–2016) on your
miles per charge in summer conditions
vehicle; and according to our expert’s test.’’ It provides no correspondence. You may review an
(iv) All driving conditions or vehicle additional information regarding this driving electronic version of the proposed rule
configurations simulated by the non- range claim. This advertisement likely at http://www.regulations.gov. You may
EPA test that are different from those conveys that this 110 driving range figure is also comment via the Internet to either
used in the EPA test. Such conditions comparable to an EPA driving range estimate ProposedRegulations@usdoj.gov; or by
and variables may include, but are not for the vehicle. The advertisement is likely using the http://www.regulations.gov
sradovich on DSK3TPTVN1PROD with PROPOSALS

limited to, road or dynamometer test, deceptive because it does not clearly state comment form. When submitting
average speed, range of speed, hot or that the test is a non-EPA test; it does not comments electronically, you must
provide the EPA estimated driving range; and
cold start, temperature, and design or include the CPCLO Order No., as
it does not explain how conditions referred
equipment differences. to in the advertisement differed from those described above, in the subject box.
(2) Disclosure format: The under the EPA tests. Without this Please note that the Department is
Commission regards the following as information, consumers are likely to confuse requesting that electronic comments be
constituting ‘‘substantially more the claims with range estimates derived from submitted before midnight Eastern
prominence’’: the official EPA test procedures. Daylight Savings Time on the day the

VerDate Sep<11>2014 16:27 Jun 03, 2016 Jkt 238001 PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 E:\FR\FM\06JNP1.SGM 06JNP1

Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Proposed Rules 36229

comment period closes because http:// Washington, DC 20535–0001, telephone • Federal eRulemaking Portal: http://
www.regulations.gov terminates the 304–625–4000. www.regulations.gov. Follow the Web
public’s ability to submit comments at SUPPLEMENTARY INFORMATION: On May 5, site instructions for submitting
that time. Commenters in time zones 2016, the Department requested comments.
other than Eastern Time may want to comments on its proposal to modify an • Email: reg.comments@pbgc.gov.
consider this so that their electronic existing FBI system of records notice • Fax: 202–326–4112.
comments are received. All comments titled, ‘‘Fingerprint Identification • Mail or Hand Delivery: Regulatory
sent via regular or express mail will be Records System (FIRS),’’ JUSTICE/FBI– Affairs Group, Office of the General
considered timely if postmarked on the 009, and its proposal to amend the Counsel, Pension Benefit Guaranty
day the comment period closes. Department’s Privacy Act regulations by Corporation, 1200 K Street NW.,
Posting of Public Comments: Please establishing an exemption for records in Washington, DC 20005–4026.
note that all comments received are this system of records from certain All submissions must include the
considered part of the public record and provisions of the Privacy Act pursuant Regulation Identifier Number for this
made available for public inspection to 5 U.S.C. 552a(j) and (k). rulemaking (RIN 1212–AB31).
online at http://www.regulations.gov Both the notice of a modified system Comments received, including personal
and in the Department’s public docket. of records notice and notice of proposed information provided, will be posted to
Such information includes personal rulemaking for this system of records www.pbgc.gov. Copies of comments may
identifying information (such as your originally provided that comments must also be obtained by writing to
name, address, etc.) voluntarily be received by June 6, 2016. The Disclosure Division, Office of the
submitted by the commenter. Department has received requests to General Counsel, Pension Benefit
If you want to submit personal extend these comment periods. The Guaranty Corporation, 1200 K Street
identifying information (such as your Department believes that extending the NW., Washington DC 20005–4026, or
name, address, etc.) as part of your comment periods would be appropriate calling 202–326–4040 during normal
comment, but do not want it to be in order to provide the public additional business hours. (TTY and TDD users
posted online or made available in the time to consider and comment on the may call the Federal relay service toll-
public docket, you must include the proposals addressed in these notices. free at 1–800–877–8339 and ask to be
phrase ‘‘PERSONAL IDENTIFYING Therefore, the Department is extending connected to 202–326–4040.)
INFORMATION’’ in the first paragraph both public comment periods for 30 FOR FURTHER INFORMATION CONTACT:
of your comment. You must also place days, until July 6, 2016. Elsewhere in Joseph J. Shelton (shelton.joseph@
all personal identifying information you the Federal Register, the Department is pbgc.gov), Assistant General Counsel,
do not want posted online or made extending the comment period for the Office of the General Counsel, Pension
available in the public docket in the first accompanying notice of modified Benefit Guaranty Corporation, 1200 K
paragraph of your comment and identify system of records. Street NW., Washington DC 20005–
what information you want redacted. Dated: June 1, 2016. 4026; 202–326–4400, ext. 6559; Theresa
If you want to submit confidential Erika Brown Lee, B. Anderson (anderson.theresa@
business information as part of your Chief Privacy and Civil Liberties Officer, U.S. pbgc.gov), Attorney, Office of the
comment, but do not want it to be Department of Justice. General Counsel, 202–326–4400, ext.
posted online or made available in the [FR Doc. 2016–13352 Filed 6–3–16; 8:45 am] 6353.
public docket, you must include the BILLING CODE 4410–02–P SUPPLEMENTARY INFORMATION:
phrase ‘‘CONFIDENTIAL BUSINESS
Executive Summary—Purpose of the
INFORMATION’’ in the first paragraph
Regulatory Action
of your comment. You must also PENSION BENEFIT GUARANTY
prominently identify confidential CORPORATION This rulemaking is needed to
business information to be redacted implement statutory changes under the
within the comment. If a comment has 29 CFR Part 4231 Multiemployer Pension Reform Act of
so much confidential business RIN 1212–AB31 2014 (MPRA) affecting mergers of
information that it cannot be effectively multiemployer plans under title IV of
redacted, all or part of that comment Mergers and Transfers Between the Employee Retirement Income
may not be posted online or made Multiemployer Plans Security Act of 1974 (ERISA). The
available in the public docket. proposed rule also would reorganize
AGENCY: Pension Benefit Guaranty and update the existing regulatory
Personal identifying information and Corporation.
confidential business information requirements applicable to mergers and
ACTION: Proposed rule. transfers between multiemployer plans.
identified and located as set forth above
will be redacted and the comment, in SUMMARY: This proposed rule would PBGC’s legal authority for this action
redacted form, will be posted online and amend PBGC’s regulation on Mergers is based on section 4002(b)(3) of ERISA,
placed in the Department’s public and Transfers Between Multiemployer which authorizes PBGC to issue
docket file. Please note that the Freedom Plans to implement section 121 of the regulations to carry out the purposes of
of Information Act applies to all Multiemployer Pension Reform Act of title IV of ERISA, and section 4231 of
comments received. If you wish to 2014. The proposed rule would also ERISA, which sets forth the statutory
requirements for mergers and transfers
sradovich on DSK3TPTVN1PROD with PROPOSALS

inspect the agency’s public docket file reorganize and update the existing
in person by appointment, please see regulation. between multiemployer plans.
the FOR FURTHER INFORMATION CONTACT DATES: Comments must be submitted on Executive Summary—Major Provisions
paragraph. or before August 5, 2016. of the Regulatory Action
FOR FURTHER INFORMATION CONTACT: ADDRESSES: Comments, identified by Section 121 of MPRA amends the
Roxane M. Panarella, Assistant General Regulation Identifier Number (RIN) existing rules under section 4231 of
Counsel, Privacy and Civil Liberties 1212–AB31, may be submitted by any of ERISA by adding a new section 4231(e),
Unit, Office of the General Counsel, FBI, the following methods: which clarifies PBGC’s authority to

VerDate Sep<11>2014 16:27 Jun 03, 2016 Jkt 238001 PO 00000 Frm 00044 Fmt 4702 Sfmt 4702 E:\FR\FM\06JNP1.SGM 06JNP1

Document Created: 2016-06-04 00:16:58
Document Modified: 2016-06-04 00:16:58

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; extension of comment period.
Dates		Comments on the notice of proposed rulemaking published May 5, 2016 (81 FR 27288) must be submitted on or before July 6, 2016.
Contact		Roxane M. Panarella, Assistant General Counsel, Privacy and Civil Liberties Unit, Office of the General Counsel, FBI, Washington, DC 20535-0001, telephone 304-625-4000.
FR Citation		81 FR 36228