81 FR 96521 - BJS Confidentiality Pledge Revision Notice
DEPARTMENT OF JUSTICE
Office of Justice Programs Federal Register Volume 81, Issue 251 (December 30, 2016)
Office of Justice Programs
Federal Register Volume 81, Issue 251 (December 30, 2016)
| Page Range | 96521-96523 | |
| FR Document | 2016-31705 |
[Federal Register Volume 81, Number 251 (Friday, December 30, 2016)] [Notices] [Pages 96521-96523] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-31705] ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Office of Justice Programs [OMB Number 1121-NEW] BJS Confidentiality Pledge Revision Notice AGENCY: Bureau of Justice Statistics, Justice. ACTION: 30-Day notice. ----------------------------------------------------------------------- SUMMARY: The Bureau of Justice Statistics (BJS), a component of the Office of Justice Programs (OJP) in the U.S. Department of Justice (DOJ), is announcing revisions to the confidentiality pledge(s) it provides to its respondents. These revisions are required by the passage and implementation of provisions of the federal Cybersecurity Enhancement Act of 2015, which requires the Secretary of the Department of Homeland Security (DHS) to provide Federal civilian agencies' information technology systems with cybersecurity protection for their Internet traffic. More details on this announcement are presented in the SUPPLEMENTARY INFORMATION section below. DATES: These revisions become effective on December 30, 2016. ADDRESSES: Questions about this notice should be addressed to the Bureau of Justice Statistics, Office of Justice Programs, U.S. Department of Justice, ATTN: Allina Lee, 810 7th Street NW., Washington, DC 20151. FOR FURTHER INFORMATION CONTACT: Allina Lee by telephone at 202-305- 0765 (this is not a toll-free number); by email at [email protected]; or by mail or courier to the Bureau of Justice Statistics, Office of Justice Programs, U.S. Department of Justice, ATTN: Allina Lee, 810 7th Street NW., Washington, DC 20151. Because of delays in the receipt of regular mail related to security screening, respondents are encouraged to use electronic communications. SUPPLEMENTARY INFORMATION: Federal statistics provide key information that the Nation uses to measure its performance and make informed choices about budgets, employment, health, investments, taxes, and a host of other significant topics. Most federal surveys are completed on a voluntary basis. Respondents, ranging from businesses to households to institutions, may choose whether or not to provide the requested information. Many of the most valuable federal statistics come from surveys that ask for highly sensitive information such as proprietary business data from companies or particularly personal information or practices from individuals. BJS protects all data collected under its authority under the confidentiality provisions of 42 U.S.C. 3789g. Strong and trusted confidentiality and exclusively statistical use pledges under Title 42 U.S.C. 3789g and similar statutes are effective and necessary in honoring the trust that businesses, individuals, and institutions, by their responses, place in statistical agencies. [[Page 96522]] Under statistical confidentiality protection statutes, federal statistical agencies make statutory pledges that the information respondents provide will be seen only by statistical agency personnel or their agents and will be used only for statistical purposes. These statutes protect such statistical information from administrative, law enforcement, taxation, regulatory, or any other non-statistical use and immunize the information submitted to statistical agencies from legal process. Moreover, many of these statutes carry monetary fines and/or criminal penalties for conviction of a knowing and willful unauthorized disclosure of covered information. Any person violating the confidentiality provisions of 42 U.S.C. 3789g may be punished by a fine of up to $10,000, in addition to any other penalties imposed by law. As part of the Consolidated Appropriations Act for Fiscal Year 2016 (Pub. L. 114-113) signed on December 17, 2015, the Congress included the Federal Cybersecurity Enhancement Act of 2015 (codified in relevant part at 6 U.S.C. 151). This act, among other provisions, permits and requires the Secretary of Homeland Security to provide federal civilian agencies' information technology systems with cybersecurity protection for their Internet traffic. The technology currently used to provide this protection against cyber malware is known as Einstein 3A. Einstein 3A electronically searches internet traffic in and out of federal civilian agencies in real time for malware signatures. When such a signature is found, the internet packets that contain the malware signature are shunted aside for further inspection by DHS personnel. Because it is possible that such packets entering or leaving a statistical agency's information technology system may contain a small portion of confidential statistical data, statistical agencies can no longer promise their respondents that their responses will be seen only by statistical agency personnel or their agents. However, federal statistical agencies can promise, in accordance with provisions of the Federal Cybersecurity Enhancement Act of 2015, that such monitoring can be used only to protect information and information systems from cybersecurity risks, thereby, in effect, providing stronger protection to the integrity of the respondents' submissions. Consequently, with the passage of the Federal Cybersecurity Enhancement Act of 2015, the federal statistical community has an opportunity to welcome the further protection of its confidential data offered by DHS' Einstein 3A cybersecurity protection program. The DHS cybersecurity program's objective is to protect federal civilian information systems from malicious malware attacks. The federal statistical system's objective is to endeavor to ensure that the DHS Secretary performs those essential duties in a manner that honors the statistical agencies' statutory promises to the public to protect their confidential data. DHS and the federal statistical system have been successfully engaged in finding a way to balance both objectives and achieve these mutually reinforcing objectives. However, pledges of confidentiality made pursuant to 42 U.S.C. 3789g and similar statutes assure respondents that their data will be seen only by statistical agency personnel or their agents. Because it is possible that DHS personnel could see some portion of those confidential data in the course of examining the suspicious Internet packets identified by Einstein 3A sensors, statistical agencies are revising their confidentiality pledges to reflect this process change. Therefore, BJS is providing this notice to alert the public to these confidentiality pledge revisions in an efficient and coordinated fashion. Below is a listing of BJS's current Paperwork Reduction Act (PRA) OMB numbers and information collection titles and their associated revised confidentiality pledge(s) for the Information Collections whose confidentiality pledges will change to reflect the statutory implementation of DHS' Einstein 3A monitoring for cybersecurity protection purposes. The following BJS statistical confidentiality pledge will now apply to the Information Collections conducted by BJS and protected under 42 U.S.C. 3789g, whose PRA OMB numbers and titles are listed below. The new lines added to address the new cybersecurity monitoring activities are bolded for reference only, and will not be bolded in the pledge provided to respondents: ``The Bureau of Justice Statistics (BJS) is dedicated to maintaining the confidentiality of your personally identifiable information, and will protect it to the fullest extent under federal law. BJS, BJS employees, and BJS data collection agents will use the information you provide for statistical purposes only, and will not disclose your information in identifiable form without your consent to anyone outside of the BJS project team. All data collected under BJS's authority are protected under the confidentiality provisions of 42 U.S.C. 3789g, and any person who violates these provisions may be punished by a fine up to $10,000, in addition to any other penalties imposed by law. Further, per the Cybersecurity Enhancement Act of 2015 (codified in relevant part at 6 U.S.C. 151), federal information systems are protected from malicious activities through cybersecurity screening of transmitted data. For more information on the federal statutes, regulations, and other authorities that govern how BJS, BJS employees, and data collection agents use, handle, and protect your information, see the BJS Data Protection Guidelines.'' ------------------------------------------------------------------------ OMB Control No. Information collection title ------------------------------------------------------------------------ 1121-0094........................... Deaths in Custody Reporting Program. 1121-0065........................... National Corrections Reporting Program. ------------------------------------------------------------------------ BJS has also added information about the Cybersecurity Enhancement Act and Einstein 3A to the BJS Data Protection Guidelines to provide more details to interested respondents about the new cybersecurity monitoring requirements. The following text has been added to Section V. Information System Security and Privacy Requirements: ``The Cybersecurity Enhancement Act of 2015 (codified in relevant part at 6 U.S.C. 151) required the Department of Homeland Security (DHS) to provide cybersecurity protection for federal civilian agency information technology systems and to conduct cybersecurity screening of the Internet traffic going in and out of these systems to look for viruses, malware, and other cybersecurity threats. DHS has implemented this requirement by instituting procedures such that, if a potentially malicious malware signature were found, the Internet packets that contain the malware signature would be further inspected, pursuant to any legal required legal process, to identify and mitigate the cybersecurity threat. In accordance with the Act's provisions, DHS conducts these cybersecurity screening activities solely to protect federal information and information systems from cybersecurity risks. OJP has installed DHS's cybersecurity protection software, Einstein 3A, on its information technology systems to comply with the Act's requirements and to further safeguard the information transmitted to and from its systems, including BJS data, from cybersecurity threats and vulnerabilities.'' The Census Bureau collects data on behalf of BJS for the below listing of PRA OMB numbers and information collection titles. These collections are [[Page 96523]] protected under Title 13 U.S.C. Section 9. The Census Bureau issued a Federal Register notice (FRN) and submitted an emergency clearance request to OMB for revised confidentiality pledge language, with the new line to address the new cybersecurity screening requirements bolded for reference: ``The U.S. Census Bureau is required by law to proteect your information. The Census Bureau is not permitted to publicly release your responses in a way that could identify you. Per the Federal Cybersecurity Enhancement Act of 2015, your data are protected from cybersecurity risks through screening of the systems that transmit your data.'' ------------------------------------------------------------------------ OMB Control No. Information collection title ------------------------------------------------------------------------ 1121-0111........................... National Crime Victimization Survey (NCVS). 1121-0184........................... School Crime Supplement to the NCVS. 1121-0317........................... Identity Theft Supplement to the NCVS. 1121-0260........................... Police Public Contact Supplement to the NCVS. 1121-0302........................... Supplemental Victimization Survey to the NCVS. ------------------------------------------------------------------------ The FRN submitted by the Census Bureau can be accessed at https://www.federalregister.gov/documents/2016/12/14/2016-30014/confidentiality-pledge-revision-notice, and the Census Bureau's PRA clearance request can be accessed at https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201612-0607-001. If additional information is required contact: Melody Braswell, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE., 3E.405B, Washington, DC 20530. Dated: December 27, 2016. Melody Braswell, Department Clearance Officer, U.S. Department of Justice. [FR Doc. 2016-31705 Filed 12-29-16; 8:45 am] BILLING CODE 4410-18-P
![Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Notices 96521
collection—one for the pilot study and including those due to legal of law enforcement sworn and civilian
a second for the annual collection to intervention—from emergency employees in law enforcement agencies.
include all law enforcement agencies. department data. In their piece entitled, The table below uses a rate per officer
Burden estimates were based on sources ‘‘The real risks during deadly police to estimate the anticipated number of
from the FBI UCR Program, the BJS, and shootouts: Accuracy of the naı̈ve reports that could be received within
the Centers for Disease Control (CDC). shooter,’’ Lewinski, et al. (2015) the two pilot phases and an annual
The BJS has recently estimated that estimates law enforcement officers miss collection. Because the nonfatal injury
approximately 1,400 fatalities attributed their target approximately 50 percent of due to legal intervention estimate from
to a law enforcement use of force occur the time at the firing range and was used the CDC does not provide any overt
annually (Planty, et al., 2015, Arrest- as a simple estimate for the number of measure of severity, these injuries are
Related Deaths Program: Data Quality firearm discharges at or in the direction estimated to be as high as 82,283 or as
Profile, http://www.bjs.gov/ of a person, but did not strike the low as 5,546. Based upon these
index.cfm?ty=pbdetail&iid=5260). In estimates, the FBI is requesting 52,416
individual. In addition, the UCR
addition, the CDC estimates the burden hours for an annual collection of
Program collects counts of the number
incidences of fatal and nonfatal injury— this data.
ESTIMATED BURDEN FOR PILOT STUDY
Annual rate per officer Estimated number of Estimated burden hours
incidents
Estimated
Timeframe Reporting group Approximate burden
number of Maximum Minimum Maximum Minimum Maximum Minimum
hours per
officers (3 mos) (3 mos) incident
Pilot I (3 months) ................... Large agencies ...................... 178,557 0.112 0.012 5,000 536 0.63 3,150 338
Pilot I States .......................... 54,781 0.112 0.012 1,534 165 0.63 966 104
Pilot II (3 months) .................. Large agencies ...................... 178,557 0.112 0.012 5,000 554 0.63 3,150 349
Pilot I & II States ................... 82,172 0.112 0.012 2,300 247 0.63 6,140 156
Pilot Total (6 months) ............ — ........................................... — — — 13,834 1,502 0.63 13,406 947
Estimated Burden for All Law Enforcement Agencies in Annual Collection
Estimated
Approximate burden
Timeframe Reporting group number of Maximum Minimum Maximum Minimum Maximum Minimum
hours per
officers incident
Collection (Annual) ................ All agencies ........................... 701,486 0.112 0.012 83,200 8,700 0.63 52,416 5,481
If additional information is required required by the passage and respondents are encouraged to use
contact: Ms. Amy Blasher, Unit Chief, implementation of provisions of the electronic communications.
United States DOJ, FBI CJIS Division, federal Cybersecurity Enhancement Act
Crime Data Modernization Team, of 2015, which requires the Secretary of SUPPLEMENTARY INFORMATION: Federal
Module D–3, 1000 Custer Hollow Road, the Department of Homeland Security statistics provide key information that
Clarksburg, West Virginia 26306. (DHS) to provide Federal civilian the Nation uses to measure its
agencies’ information technology performance and make informed
Dated: December 27, 2016.
systems with cybersecurity protection choices about budgets, employment,
Melody Braswell, health, investments, taxes, and a host of
for their Internet traffic. More details on
Department Clearance Officer for PRA, U.S. other significant topics. Most federal
Department of Justice. this announcement are presented in the
SUPPLEMENTARY INFORMATION section surveys are completed on a voluntary
[FR Doc. 2016–31697 Filed 12–29–16; 8:45 am]
below. basis. Respondents, ranging from
BILLING CODE 4410–02–P
businesses to households to institutions,
DATES:These revisions become effective may choose whether or not to provide
on December 30, 2016. the requested information. Many of the
DEPARTMENT OF JUSTICE
ADDRESSES: Questions about this notice most valuable federal statistics come
Office of Justice Programs should be addressed to the Bureau of from surveys that ask for highly
Justice Statistics, Office of Justice sensitive information such as
[OMB Number 1121–NEW]
Programs, U.S. Department of Justice, proprietary business data from
BJS Confidentiality Pledge Revision ATTN: Allina Lee, 810 7th Street NW., companies or particularly personal
Notice Washington, DC 20151. information or practices from
FOR FURTHER INFORMATION CONTACT:
individuals. BJS protects all data
AGENCY: Bureau of Justice Statistics, collected under its authority under the
Justice. Allina Lee by telephone at 202–305–
0765 (this is not a toll-free number); by confidentiality provisions of 42 U.S.C.
ACTION: 30-Day notice. 3789g. Strong and trusted
email at Allina.Lee@usdoj.gov; or by
srobinson on DSK5SPTVN1PROD with NOTICES
SUMMARY: The Bureau of Justice mail or courier to the Bureau of Justice confidentiality and exclusively
Statistics (BJS), a component of the Statistics, Office of Justice Programs, statistical use pledges under Title 42
Office of Justice Programs (OJP) in the U.S. Department of Justice, ATTN: U.S.C. 3789g and similar statutes are
U.S. Department of Justice (DOJ), is Allina Lee, 810 7th Street NW., effective and necessary in honoring the
announcing revisions to the Washington, DC 20151. Because of trust that businesses, individuals, and
confidentiality pledge(s) it provides to delays in the receipt of regular mail institutions, by their responses, place in
its respondents. These revisions are related to security screening, statistical agencies.
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![Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Notices 96523
protected under Title 13 U.S.C. Section ACTION: Exemption and combined ADAMS under Accession No.
9. The Census Bureau issued a Federal license amendment; issuance. ML16155A366.
Register notice (FRN) and submitted an • NRC’s PDR: You may examine and
emergency clearance request to OMB for SUMMARY: The U.S. Nuclear Regulatory purchase copies of public documents at
revised confidentiality pledge language, Commission (NRC) is granting an the NRC’s PDR, Room O1–F21, One
with the new line to address the new exemption to allow a departure from the White Flint North, 11555 Rockville
cybersecurity screening requirements certification information of Tier 1 of the Pike, Rockville, Maryland 20852.
bolded for reference: generic design control document (DCD) FOR FURTHER INFORMATION CONTACT:
‘‘The U.S. Census Bureau is required and is issuing License Amendment No. Chandu Patel, Office of New Reactors,
by law to proteect your information. The 56 to Combined Licenses (COL) NPF–91 U.S. Nuclear Regulatory Commission,
Census Bureau is not permitted to and NPF–92. The COLs were issued to Washington, DC 20555–0001; telephone:
publicly release your responses in a way Southern Nuclear Operating Company, 301–415–3025; email: Chandu.Patel@
that could identify you. Per the Federal Inc., and Georgia Power Company, nrc.gov.
Cybersecurity Enhancement Act of 2015, Oglethorpe Power Corporation, MEAG
Power SPVM, LLC, MEAG Power SPVJ, SUPPLEMENTARY INFORMATION:
your data are protected from
cybersecurity risks through screening of LLC, MEAG Power SPVP, LLC, I. Introduction
the systems that transmit your data.’’ Authority of Georgia, and the City of
The NRC is granting an exemption
Dalton, Georgia (the licensee); for
from Paragraph B of section III, ‘‘Scope
OMB construction and operation of the Vogtle
Control Information collection title and Contents,’’ of appendix D, ‘‘Design
Electric Generating Plant (VEGP) Units
No. Certification Rule for the AP1000,’’ to
3 and 4, located in Burke County,
part 52 of title 10 of the Code of Federal
1121–0111 ... National Crime Victimization Georgia. The granting of the exemption
Regulations (10 CFR), and issuing
Survey (NCVS). allows the changes to Tier 1 information
License Amendment No. 56 to COLs,
1121–0184 ... School Crime Supplement to asked for in the amendment. Because
NPF–91 and NPF–92, to the licensee.
the NCVS. the acceptability of the exemption was
The exemption is required by Paragraph
1121–0317 ... Identity Theft Supplement to determined in part by the acceptability
the NCVS. A.4 of Section VIII, ‘‘Processes for
of the amendment, the exemption and
1121–0260 ... Police Public Contact Supple- Changes and Departures,’’ appendix D,
amendment are being issued
ment to the NCVS. to 10 CFR part 52 to allow the licensee
concurrently.
1121–0302 ... Supplemental Victimization to depart from Tier 1 information. With
Survey to the NCVS. ADDRESSES: Please refer to Docket ID the requested amendment, the licensee
NRC–2008–0252 when contacting the sought proposed changes that would
The FRN submitted by the Census NRC about the availability of correct editorial errors in plant-specific
Bureau can be accessed at https:// information regarding this document. Tier 1 information, with corresponding
www.federalregister.gov/documents/ You may access information related to changes to the associated COL
2016/12/14/2016-30014/confidentiality- this document, which the NRC Appendix C information, to promote
pledge-revision-notice, and the Census possesses and is publicly available, consistency with the Updated Final
Bureau’s PRA clearance request can be using any of the following methods: Safety Analysis Report Tier 2
accessed at https://www.reginfo.gov/ • Federal Rulemaking Web site: Go to information. One of the proposed
public/do/PRAViewICR?ref_ http://www.regulations.gov and search changes to plant-specific Tier 1
nbr=201612-0607-001. for Docket ID NRC–2008–0252. Address information also involves a change to
If additional information is required questions about NRC dockets to Carol Updated Final Safety Analysis Report
contact: Melody Braswell, Department Gallagher; telephone: 301–415–3463; Tier 2 information. The proposed
Clearance Officer, United States email: Carol.Gallagher@nrc.gov. For amendment also involves a proposed
Department of Justice, Justice technical questions, contact the editorial correction to COL Paragraph
Management Division, Policy and individual listed in the FOR FURTHER 2.D.(12)(g)1. Part of the justification for
Planning Staff, Two Constitution INFORMATION CONTACT section of this granting the exemption was provided by
Square, 145 N Street NE., 3E.405B, document. the review of the amendment. Because
Washington, DC 20530. • NRC’s Agencywide Documents the exemption is necessary in order to
Dated: December 27, 2016. Access and Management System issue the requested license amendment,
Melody Braswell, (ADAMS): You may obtain publicly- the NRC granted the exemption and
Department Clearance Officer, U.S. available documents online in the issued the amendment concurrently,
Department of Justice. ADAMS Public Documents collection at rather than in sequence. This included
[FR Doc. 2016–31705 Filed 12–29–16; 8:45 am] http://www.nrc.gov/reading-rm/ issuing a combined safety evaluation
BILLING CODE 4410–18–P adams.html. To begin the search, select containing the NRC’s review of both the
‘‘ADAMS Public Documents’’ and then exemption request and the license
select ‘‘Begin Web-based ADAMS amendment. The exemption met all
NUCLEAR REGULATORY Search.’’ For problems with ADAMS, applicable regulatory criteria set forth in
COMMISSION please contact the NRC’s Public 10 CFR 50.12, 10 CFR 52.7, and Section
Document Room (PDR) reference staff at VIII.A.4 of appendix D to 10 CFR part
[Docket Nos. 52–025 and 52–026; NRC– 1–800–397–4209, 301–415–4737, or by 52. The license amendment was found
2008–0252] email to pdr.resource@nrc.gov. The to be acceptable as well. The combined
srobinson on DSK5SPTVN1PROD with NOTICES
Southern Nuclear Operating Company, ADAMS accession number for each safety evaluation is available in ADAMS
Inc., Vogtle Electric Generating Plant, document referenced (if it is available in under Accession No. ML16244A345.
Units 3 and 4; Tier 1 Editorial and ADAMS) is provided the first time that Identical exemption documents
Consistency Changes it is mentioned in this document. The (except for referenced unit numbers and
request for the amendment and license numbers) were issued to the
AGENCY:Nuclear Regulatory exemption was submitted by letter licensee for VEGP Units 3 and 4 (COLs
Commission. dated June 3, 2016, and available in NPF–91 and NPF–92). The exemption
VerDate Sep<11>2014 19:18 Dec 29, 2016 Jkt 241001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\30DEN1.SGM 30DEN1](https://thefederalregister.org/doc/81_FR_96772/page/3.svg)
Document Created: 2016-12-30 05:16:19
Document Modified: 2016-12-30 05:16:19
| 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 | Notices | |
| Action | 30-Day notice. | |
| Dates | These revisions become effective on December 30, 2016. | |
| Contact | Allina Lee by telephone at 202-305- 0765 (this is not a toll-free number); by email at [email protected]; or by mail or courier to the Bureau of Justice Statistics, Office of Justice Programs, U.S. Department of Justice, ATTN: Allina Lee, 810 7th Street NW., Washington, DC 20151. Because of delays in the receipt of regular mail related to security screening, respondents are encouraged to use electronic communications. | |
| FR Citation | 81 FR 96521 |
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