81_FR_94671 81 FR 94424 - Reissuance of OMB Circular No. A-108, “Federal Agency Responsibilities for Review, Reporting, and Publication Under the Privacy Act”

81 FR 94424 - Reissuance of OMB Circular No. A-108, “Federal Agency Responsibilities for Review, Reporting, and Publication Under the Privacy Act”

OFFICE OF MANAGEMENT AND BUDGET

Federal Register Volume 81, Issue 247 (December 23, 2016)

Page Range94424-94425
FR Document2016-30901

The Office of Management and Budget (OMB) has reissued OMB Circular A-108, ``Federal Agency Responsibilities for Review, Reporting, and Publication under the Privacy Act.'' The reissued Circular revises and relocates the guidance that previously had been included in Circular A-130, ``Management of Federal Information Resources,'' Appendix I, ``Federal Agency Responsibilities for Maintaining Records About Individuals.'' The reissued Circular replaces the November 28, 2000 version of Appendix I to Circular A-130 and supplements and clarifies existing OMB guidance.

Federal Register, Volume 81 Issue 247 (Friday, December 23, 2016) 
[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)]
[Notices]
[Pages 94424-94425]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30901]


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OFFICE OF MANAGEMENT AND BUDGET


Reissuance of OMB Circular No. A-108, ``Federal Agency 
Responsibilities for Review, Reporting, and Publication Under the 
Privacy Act''

AGENCY: Office of Management and Budget, Executive Office of the 
President.

ACTION: Notice of availability.

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SUMMARY: The Office of Management and Budget (OMB) has reissued OMB 
Circular A-108, ``Federal Agency Responsibilities for Review, 
Reporting, and Publication under the Privacy Act.'' The reissued 
Circular revises and relocates the guidance that previously had been 
included in Circular A-130, ``Management of Federal Information 
Resources,'' Appendix I, ``Federal Agency Responsibilities for 
Maintaining Records About Individuals.'' The reissued Circular replaces 
the November 28, 2000 version of Appendix I to Circular A-130 and 
supplements and clarifies existing OMB guidance.

DATES: Effective upon publication as of December 23, 2016, OMB is 
making reissued Circular A-108 available to the public at https://www.whitehouse.gov/omb/inforeg_infopoltech.

FOR FURTHER INFORMATION CONTACT: Kevin Herms, Office of Management and 
Budget, Office of Information and Regulatory Affairs, at [email protected]

SUPPLEMENTARY INFORMATION: 

Background

    The Privacy Act of 1974, which has been in effect since September 
27, 1975, sets forth a series of requirements governing Federal agency 
practices with respect to certain information about individuals. 
Although the Privacy Act places principal responsibility for compliance 
on agencies, the statute requires the Director of OMB to develop 
guidelines and provide continuing assistance to and oversight of 
implementation by agencies. See 5 U.S.C. 552a(v). The reissuance of 
Circular A-108 describes agency responsibilities for implementing the 
review, reporting, and publication requirements of the Privacy Act of 
1974 and related OMB policies. It supplements and clarifies existing 
OMB guidance, including OMB Circular No. A-130, ``Managing Information 
as a Strategic Resource,'' ``Privacy Act Implementation: Guidelines and 
Responsibilities,'' ``Implementation of the Privacy Act of 1974: 
Supplementary Guidance,'' and ``Final Guidance Interpreting the 
Provisions of Public Law 100-503, the Computer Matching and Privacy 
Protection Act of 1988.'' All OMB guidance is available on the OMB Web 
site at https://www.whitehouse.gov/omb/inforeg_infopoltech.

Comments

    On October 7, 2016, OMB requested public comment (81 FR 69871) and 
posted the proposed Circular A-108 on its Web site. Although some 
commenters were critical of specific aspects of the proposed policy, 
the commenters were generally supportive of the overall Circular and 
the approaches taken.
    While OMB carefully considered all of the comments submitted, some 
of them were beyond the scope of the Circular. Several of the comments 
criticized agency compliance with Privacy Act legal and policy 
requirements, while others appeared to be inconsistent with certain 
statutory provisions or other OMB policy requirements, or would have 
the effect of modifying certain statutory provisions or prohibiting 
certain legally permissible agency actions. The reissuance of Circular 
A-108 and the supplementary guidance and clarification it provides are 
intended to assist agencies in their implementation of, and facilitate 
their compliance with, the Privacy Act's review, reporting, and 
publication requirements. The Circular is meant to establish general 
standards and it would be beyond the scope of the Circular to address 
specific agency practices or compliance efforts or to accept comments 
that may be inconsistent with other legal or policy requirements.
    Several comments identified areas in which the guidance could be 
modified to improve the quality of notice provided to the public in 
agency system of records notices. Based on OMB's consideration and 
responses to the public comments, the revised Circular A-108:
     Revises the routine use section of the guidance to state 
that agency routine uses that only apply to certain records in a system 
of records should indicate their limited scope. In addition, a 
subheading in the section of the Circular describing the scope of a 
system of records was revised to better emphasize the need to consider 
routine uses when determining the scope of a system.
     Requires that the description of linkages between 
different systems be in the ``Policies and Practices for Retrieval of 
Records'' section of the notice, which is included in the Privacy Act 
Issuances. In addition, the language describing the requirement to 
describe linkages

[[Page 94425]]

between different systems was clarified so that agencies better 
understand the requirement and public notice will be improved.
     Includes a ``History'' section in the system of records 
notice templates for agencies to provide citations to the last full 
Federal Register notice, as well as any subsequent notices of revision. 
This will improve transparency and assist the public in learning about 
systems of records as they are established and revised over time.

Howard Shelanski,
Administrator, Office of Information and Regulatory Affairs.
Marc Groman,
Senior Advisor for Privacy, Office of the Director.
[FR Doc. 2016-30901 Filed 12-22-16; 8:45 am]
 BILLING CODE P

94424 Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Notices business data, or other sensitive OFFICE OF MANAGEMENT AND Law 100–503, the Computer Matching statements/information in any BUDGET and Privacy Protection Act of 1988.’’ All comments. OMB guidance is available on the OMB Reissuance of OMB Circular No. A– Web site at https:// The DOL is particularly interested in 108, ‘‘Federal Agency Responsibilities www.whitehouse.gov/omb/inforeg_ comments that: for Review, Reporting, and Publication infopoltech. • Evaluate whether the proposed Under the Privacy Act’’ collection of information is necessary Comments AGENCY: Office of Management and On October 7, 2016, OMB requested for the proper performance of the Budget, Executive Office of the public comment (81 FR 69871) and functions of the agency, including President. posted the proposed Circular A–108 on whether the information will have ACTION: Notice of availability. its Web site. Although some practical utility; commenters were critical of specific • Evaluate the accuracy of the SUMMARY: The Office of Management aspects of the proposed policy, the agency’s estimate of the burden of the and Budget (OMB) has reissued OMB Circular A–108, ‘‘Federal Agency commenters were generally supportive proposed collection of information, of the overall Circular and the including the validity of the Responsibilities for Review, Reporting, and Publication under the Privacy Act.’’ approaches taken. methodology and assumptions used; While OMB carefully considered all The reissued Circular revises and • Enhance the quality, utility, and relocates the guidance that previously of the comments submitted, some of clarity of the information to be them were beyond the scope of the had been included in Circular A–130, collected; and Circular. Several of the comments ‘‘Management of Federal Information criticized agency compliance with • Minimize the burden of the Resources,’’ Appendix I, ‘‘Federal Privacy Act legal and policy collection of information on those who Agency Responsibilities for Maintaining requirements, while others appeared to are to respond, including through the Records About Individuals.’’ The be inconsistent with certain statutory use of appropriate automated, reissued Circular replaces the November provisions or other OMB policy electronic, mechanical, or other 28, 2000 version of Appendix I to requirements, or would have the effect technological collection techniques or Circular A–130 and supplements and of modifying certain statutory clarifies existing OMB guidance. other forms of information technology, provisions or prohibiting certain legally DATES: Effective upon publication as of e.g., permitting electronic submission of permissible agency actions. The responses. December 23, 2016, OMB is making reissuance of Circular A–108 and the reissued Circular A–108 available to the supplementary guidance and Agency: DOL–ETA. public at https://www.whitehouse.gov/ clarification it provides are intended to Type of Review: Extension without omb/inforeg_infopoltech. assist agencies in their implementation changes. FOR FURTHER INFORMATION CONTACT: of, and facilitate their compliance with, Title of Collection: Workforce Kevin Herms, Office of Management and the Privacy Act’s review, reporting, and Innovation Fund Grants Reporting and Budget, Office of Information and publication requirements. The Circular Regulatory Affairs, at privacy-oira@ is meant to establish general standards Recordkeeping Requirements. omb.eop.gov and it would be beyond the scope of the Form: Quarterly narrative and SUPPLEMENTARY INFORMATION: Circular to address specific agency performance reports. practices or compliance efforts or to OMB Control Number: 1205–0515. Background accept comments that may be Affected Public: Workforce Innovation The Privacy Act of 1974, which has inconsistent with other legal or policy Fund grant recipients. been in effect since September 27, 1975, requirements. sets forth a series of requirements Several comments identified areas in Estimated Number of Respondents: governing Federal agency practices with which the guidance could be modified 17. respect to certain information about to improve the quality of notice Frequency: Quarterly. individuals. Although the Privacy Act provided to the public in agency system Total Estimated Annual Responses: places principal responsibility for of records notices. Based on OMB’s compliance on agencies, the statute consideration and responses to the 68. requires the Director of OMB to develop public comments, the revised Circular Estimated Average Time per guidelines and provide continuing A–108: Response: 20 hours. assistance to and oversight of • Revises the routine use section of Estimated Total Annual Burden implementation by agencies. See 5 the guidance to state that agency routine Hours: 1,360 hours. U.S.C. 552a(v). The reissuance of uses that only apply to certain records Circular A–108 describes agency in a system of records should indicate Total Estimated Annual Other Cost responsibilities for implementing the their limited scope. In addition, a Burden: $0. review, reporting, and publication subheading in the section of the Circular Authority: 44 U.S.C. 3506(c)(2)(A). requirements of the Privacy Act of 1974 describing the scope of a system of and related OMB policies. It records was revised to better emphasize Portia Wu, supplements and clarifies existing OMB the need to consider routine uses when Assistant Secretary for Employment and guidance, including OMB Circular No. determining the scope of a system. mstockstill on DSK3G9T082PROD with NOTICES Training Administration, Department of A–130, ‘‘Managing Information as a • Requires that the description of Labor. Strategic Resource,’’ ‘‘Privacy Act linkages between different systems be in [FR Doc. 2016–30922 Filed 12–22–16; 8:45 am] Implementation: Guidelines and the ‘‘Policies and Practices for Retrieval BILLING CODE 4510–FN–P Responsibilities,’’ ‘‘Implementation of of Records’’ section of the notice, which the Privacy Act of 1974: Supplementary is included in the Privacy Act Issuances. Guidance,’’ and ‘‘Final Guidance In addition, the language describing the Interpreting the Provisions of Public requirement to describe linkages VerDate Sep<11>2014 18:33 Dec 22, 2016 Jkt 241001 PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 E:\FR\FM\23DEN1.SGM 23DEN1

Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Notices 94425 between different systems was clarified Objections submitted in response to this The need for the action is to update so that agencies better understand the notice will not be made available to the KSC’s CMP in a manner that supports requirement and public notice will be public for inspection and, to the extent achievement of NASA’s programmatic improved. permitted by law, will not be released mission objectives, at the same time as • Includes a ‘‘History’’ section in the under the Freedom of Information Act. maximizing the provision of excess system of records notice templates for ADDRESSES: Objections relating to the capabilities and assets in support of agencies to provide citations to the last prospective license may be submitted to non-NASA access to space. full Federal Register notice, as well as Patent Counsel, Office of Chief Counsel, DATES: NASA will issue a Record of any subsequent notices of revision. This MS 142–7, NASA Glenn Research Decision (ROD) for the FPEIS on the will improve transparency and assist the Center, 21000 Brookpark Rd, Cleveland, proposed KSC CMP either by December public in learning about systems of OH 44135. Phone (216) 433–3663. 19, 2016, or after 30 days from the date records as they are established and Facsimile (216) 433–6790. of publication of the NOA for the PFEIS revised over time. FOR FURTHER INFORMATION CONTACT: in the Federal Register by the U.S. Howard Shelanski, Robert Earp, Patent Counsel, Office of Environmental Protection Agency Administrator, Office of Information and Chief Counsel, MS 142–7, NASA Glenn (EPA), whichever is later. Regulatory Affairs. Research Center, 21000 Brookpark Rd, ADDRESSES: The FPEIS may be reviewed Marc Groman, Cleveland OH 44135. Phone (216) 433– at the NASA Headquarters Library Senior Advisor for Privacy, Office of the 3663. Facsimile (216) 433–6790. (Washington, DC), as well as public Director. SUPPLEMENTARY INFORMATION: This libraries in Florida including New [FR Doc. 2016–30901 Filed 12–22–16; 8:45 am] notice of intent to grant an exclusive Smyrna Beach, Cocoa Beach, Merritt BILLING CODE P patent license is issued in accordance Island, Port St. John, Cape Canaveral with 35 U.S.C. 209(c)(1) and 37 CFR and Titusville. Limited hard copies of 404.7(a)(1)(i). The patent rights in these the PFEIS are available and may be inventions have been assigned to the requested by contacting Mr. Donald NATIONAL AERONAUTICS AND United States of America as represented Dankert at the address, telephone SPACE ADMINISTRATION by the Administrator of the National number, or electronic mail address [Notice 16–090] Aeronautics and Space Administration. indicated below. The PFEIS is available The prospective exclusive license will electronically to download and read at Notice of Intent To Grant Exclusive comply with the requirements of 35 http://environmental.ksc.nasa.gov/ Term License U.S.C. 209 and 37 CFR 404.7. projects/peis.htm. NASA’s ROD will AGENCY: National Aeronautics and Information about other NASA also be placed on this Web site when it Space Administration. inventions available for licensing can be is issued. Anyone who desires a hard ACTION: Notice of intent to grant found online at http:// copy of NASA’s ROD when it is issued exclusive patent license. technology.nasa.gov. should contact Mr. Dankert. FOR FURTHER INFORMATION CONTACT: Mr. Mark P. Dvorscak, SUMMARY: NASA hereby gives notice of Donald Dankert, Environmental its intent to grant an exclusive patent Agency Counsel for Intellectual Property. Management Branch, NASA Kennedy license in the United States to practice [FR Doc. 2016–30889 Filed 12–22–16; 8:45 am] Space Center, Mail Code: TA–A4C, the invention described and claimed in BILLING CODE 7510–13–P Kennedy Space Center, FL 32899, U.S. Patent Application entitled, Email: Donald.J.Dankert@nasa.gov, ‘‘System, Apparatus, and Method for Telephone: (321) 861–1196. Liquid Purification,’’ LEW–18732–1, to NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA) SUPPLEMENTARY INFORMATION: Pursuant SageGuard Solutions, LLC, having its to the National Environmental Policy principal place of business in Westlake, [Notice (16–091)] Act (NEPA) of 1969, as Amended (42 Ohio. The fields of use may be limited U.S.C. 4321 et seq.), the Council on to anaerobic digestion of agricultural by- National Environmental Policy Act: Environmental Quality (CEQ) products and run-off, semiconductor Kennedy Space Center—Center Master Regulations for Implementing the manufacturing process water and Plan Procedural Provisions of NEPA (40 CFR wastewater treatment, and food and AGENCY: National Aeronautics and parts 1500–1508), and NASA NEPA beverage manufacturing process water Space Administration regulations (14 CFR part 1216 subpart and wastewater treatment. 1216.3), NASA has prepared and issued ACTION: Notice of Availability (NOA) DATES: The prospective exclusive a PFEIS for implementation of the CMP. license may be granted unless, within SUMMARY: NASA has prepared and Overall, KSC is transitioning to a re- fifteen (15) days from the date of this issued a Final Programmatic focused mission that redefines its published notice, NASA receives Environmental Impact Statement relationship with industry and leverages written objections including evidence (FPEIS) for implementation of the the potential of partnerships. Amid the and argument that establish that the Kennedy Space Center (KSC) Center challenges of an aging and grant of the license would not be Master Plan (CMP). The purpose of the unsustainable asset base, as well as a consistent with the requirements CMP is to provide overall management highly constrained federal budget, regarding the licensing of federally guidance for KSC from 2016 to 2032. NASA must adopt and implement owned inventions as set forth in the Implementation of the CMP will strategies that preserve the institutional mstockstill on DSK3G9T082PROD with NOTICES Bayh-Dole Act and implementing facilitate a two-decade transformation infrastructure needed to support its regulations. Competing applications from a single, government-user launch purpose and programs. completed and received by NASA complex to a multi-user spaceport. This This FPEIS is a programmatic within fifteen (15) days of the date of multi-user spaceport will be developed document. In keeping with guidance this published notice will also be in concert with NASA’s programmatic from CEQ, the FPEIS outlines and treated as objections to the grant of the missions and requirements to explore broadly describes actions associated contemplated exclusive license. destinations outside of low Earth orbit. with KSC’s proposed programs in the VerDate Sep<11>2014 18:33 Dec 22, 2016 Jkt 241001 PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 E:\FR\FM\23DEN1.SGM 23DEN1


Document Created: 2016-12-23 12:29:10
Document Modified: 2016-12-23 12:29:10
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability.
DatesEffective upon publication as of December 23, 2016, OMB is making reissued Circular A-108 available to the public at https:// www.whitehouse.gov/omb/inforeg_infopoltech.
ContactKevin Herms, Office of Management and Budget, Office of Information and Regulatory Affairs, at privacy- [email protected]
FR Citation81 FR 94424 
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