82 FR 10455 - Request for Comments; Notice of Revision of Confidentiality Pledge
DEPARTMENT OF COMMERCE
Bureau of Economic Analysis Federal Register Volume 82, Issue 28 (February 13, 2017)
Bureau of Economic Analysis
Federal Register Volume 82, Issue 28 (February 13, 2017)
| Page Range | 10455-10456 | |
| FR Document | 2017-02821 |
[Federal Register Volume 82, Number 28 (Monday, February 13, 2017)] [Notices] [Pages 10455-10456] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-02821] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Economic Analysis [Docket No. 170110047-7097-01] XRIN 0691-XC053 Request for Comments; Notice of Revision of Confidentiality Pledge AGENCY: Bureau of Economic Analysis, Department of Commerce. ACTION: Notice; request for comments. ----------------------------------------------------------------------- SUMMARY: The Department of Commerce (DOC) is announcing a revision to the confidentiality pledge it provides to its survey respondents under the International Investment and Trade in Services Survey Act. This revision is required by the enactment and implementation of provisions of the Cybersecurity Enhancement Act of 2015, which permit and require the Secretary of Homeland Security to provide Federal civilian agencies' information technology systems with cybersecurity protection for their Internet traffic, with the result of enhancing the protection of confidential data. DOC also invites the general public and other Federal agencies to comment on this revision to the confidentiality pledge. DATES: Effective Date: February 13, 2017. Comment Date: Written comments must be submitted on or before April 14, 2017. ADDRESSES: You may submit comments to:Email: [email protected]. Mail: Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230. FOR FURTHER INFORMATION CONTACT: Patricia Abaroa, Chief, Direct Investment Division (BE-50), Bureau of Economic Analysis, Department of Commerce, 4600 Silver Hill Road. Washington, DC 20233; phone: (301) 278-9591 or via email at [email protected]. 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. Many of the most valuable Federal statistics, including those of the Bureau of Economic Analysis (BEA), come from surveys that ask for highly sensitive information such as proprietary business data. Strong and trusted [[Page 10456]] confidentiality and exclusively statistical use pledges are effective and necessary in honoring the trust that businesses, individuals, and institutions, by their responses, place in the BEA. Under the International Investment and Trade in Services Survey Act (22 U.S.C. 3101-3108, as amended), BEA makes statutory pledges that the information respondents provide will be seen only by statistical agency personnel or their sworn agents, and will be used only for statistical purposes. This statute protects the confidentiality of information that BEA collects solely for statistical purposes and under a pledge of confidentiality; this information is protected from administrative, law enforcement, taxation, regulatory, or any other non-statistical use. Moreover, this statute carries criminal penalties for conviction of a knowing and willful unauthorized disclosure of covered information. As part of the Consolidated Appropriations Act for Fiscal Year 2016, signed on December 18, 2015, the Congress included the Federal Cybersecurity Enhancement Act of 2015 (Pub. L. 114-113, Division N, Title II, Subtitle B, Sec. 223). This Act 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 is known as Einstein 3A; it electronically searches Internet traffic in and out of Federal civilian agencies in real time for cyber threat indicators. When such a signature is found, the Internet packets that contain the malware signature are segregated for further inspection by Department of Homeland Security (DHS) personnel. Because it is possible that such packets entering or leaving BEA's information system may contain a small portion of confidential statistical data, it can no longer promise its respondents that their responses will be seen only by BEA personnel or its sworn agents. However, BEA can promise, in accordance with provisions of the Federal Cybersecurity Enhancement Act of 2015, that such information can be used only to protect information and information systems from cybersecurity risks. Consequently, with enactment and implementation of the Federal Cybersecurity Enhancement Act of 2015 has provided the Federal statistical community with an opportunity to obtain the further protection of its confidential data that is offered by DHS' Einstein 3A cybersecurity protection program. The DHS cybersecurity program's objective is to provide a common baseline of security across the federal civilian executive branch and to help agencies manage their cyber risk. The Federal statistical system's objective is to ensure that the DHS Secretary performs those essential duties in a manner that honors the Government's statutory promises to the public to protect their confidential data. Given that DHS is not a Federal statistical agency, both DHS and the Federal statistical system have been successfully working to find a way to balance both objectives. Accordingly, DHS and DOC have developed a Memorandum of Agreement for the deployment of Einstein 3A cybersecurity protection technology to monitor DOC's Internet traffic and have incorporated an associated Addendum on Highly Sensitive Agency Information that provides additional protection and enhanced security handling of confidential statistical data provided to BEA. Since 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 need to revise their confidentiality pledges to reflect this process change. Therefore, DOC is providing this notice to alert the public to the confidentiality pledge revision for BEA surveys. Below is a listing of the current information collection numbers and titles for those BEA surveys with confidentiality pledges that will change to reflect the implementation of DHS' Einstein 3A monitoring for cybersecurity protection purposes in accordance with the requirements of the Federal Cybersecurity Enhancement Act of 2015. The BEA statistical confidentiality pledge for these surveys will be modified to include the following sentence: ``Per the Cybersecurity Enhancement Act of 2015, your data are protected from cybersecurity risks through security monitoring of the BEA information systems.'' 0608-0004: BE-577 Quarterly Survey of U.S. Direct Investment Abroad 0608-0009: BE-605 Quarterly Survey of Foreign Direct Investment in the United States 0608-0011: BE-30 Quarterly Survey of Ocean Freight Revenues and Foreign Expenses of U.S. Carriers 0608-0011: BE-37 Quarterly Survey of U.S. Airline Operators' Foreign Revenues and Expenses 0608-0012: BE-29 Foreign Ocean Carriers' Expenses in the United States 0608-0034: BE-15 Annual Survey of Foreign Direct Investment in the United States 0608-0035: BE-13 Survey of New Foreign Direct Investment in the United States 0608-0042: BE-12 Benchmark Survey of Foreign Direct Investment in the United States 0608-0049: BE-10 Benchmark Survey of U.S. Direct Investment Abroad 0608-0053: BE-11 Annual Survey of U.S. Direct Investment Abroad 0608-0058: BE-120 Benchmark Survey of Transactions in Selected Services and Intellectual Property with Foreign Persons 0608-0068: BE-9 Quarterly Survey of Foreign Airline Operators' Revenues and Expenses in the United States 0608-0062: BE-180 Benchmark Survey of Financial Services Transactions Between U.S. Financial Services Providers and Foreign Persons 0608-0065: BE-185 Quarterly Survey of Financial Services Transactions Between U.S. Financial Services Providers and Foreign Persons 0608-0066: BE-45 Quarterly Survey of Insurance Transactions by U.S. Insurance Companies with Foreign Persons 0608-0067: BE-125 Quarterly Survey of Transactions in Selected Services and Intellectual Property with Foreign Persons 0608-0072: BE-150 Quarterly Survey of Payment Card and Bank Card Transactions Related to International Travel 0608-0073: BE-140 Benchmark Survey of Insurance Transactions by U.S. Insurance Companies with Foreign Persons DOC invites the general public and other Federal agencies to provide comments on the revision to the confidentiality pledge as described above. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Sheleen Dumas, PRA Departmental Lead, Office of the Chief Information Officer. [FR Doc. 2017-02821 Filed 2-10-17; 8:45 am] BILLING CODE 3510-06-P
![Federal Register / Vol. 82, No. 28 / Monday, February 13, 2017 / Notices 10455
FSIS has made the following The Update is available on the FSIS DEPARTMENT OF COMMERCE
estimates based upon an information Web page. Through the Web page, FSIS
collection assessment: is able to provide information to a much Bureau of Economic Analysis
Estimate of Burden: FSIS estimates broader, more diverse audience. In [Docket No. 170110047–7097–01]
that it will take respondents an average addition, FSIS offers an email
of a half hour per response. subscription service which provides XRIN 0691–XC053
Respondents: Official establishments, automatic and customized access to
grocery stores and warehouses. selected food safety news and Request for Comments; Notice of
Estimated Number of Respondents: Revision of Confidentiality Pledge
information. This service is available at:
76,439.
Estimated Number of Annual http://www.fsis.usda.gov/subscribe. AGENCY: Bureau of Economic Analysis,
Responses per Respondent: 1.8. Options range from recalls to export Department of Commerce.
Estimated Total Annual Burden on information, regulations, directives, and ACTION: Notice; request for comments.
Respondents: 68,755 hours. notices. Customers can add or delete
Copies of this information collection subscriptions themselves, and have the SUMMARY: The Department of Commerce
assessment can be obtained from Gina option to password protect their (DOC) is announcing a revision to the
Kouba, Office of Policy and Program accounts. confidentiality pledge it provides to its
Development, Food Safety and survey respondents under the
Inspection Service, USDA, 1400 USDA Non-Discrimination Statement International Investment and Trade in
Independence SW., 6065, South Services Survey Act. This revision is
No agency, officer, or employee of the
Building, Washington, DC 20250; required by the enactment and
USDA shall, on the grounds of race,
(202)720–5627. implementation of provisions of the
color, national origin, religion, sex, Cybersecurity Enhancement Act of
Comments are invited on: (a) Whether
gender identity, sexual orientation, 2015, which permit and require the
the proposed collection of information
is necessary for the proper performance disability, age, marital status, family/ Secretary of Homeland Security to
of FSIS’s functions, including whether parental status, income derived from a provide Federal civilian agencies’
the information will have practical public assistance program, or political information technology systems with
utility; (b) the accuracy of FSIS’s beliefs, exclude from participation in, cybersecurity protection for their
estimate of the burden of the proposed deny the benefits of, or subject to Internet traffic, with the result of
collection of information, including the discrimination any person in the United enhancing the protection of confidential
validity of the methodology and States under any program or activity data. DOC also invites the general
assumptions used; (c) ways to enhance conducted by the USDA. public and other Federal agencies to
the quality, utility, and clarity of the comment on this revision to the
How To File a Complaint of
information to be collected; and (d) confidentiality pledge.
Discrimination
ways to minimize the burden of the DATES: Effective Date: February 13,
collection of information, including To file a complaint of discrimination, 2017.
through the use of appropriate complete the USDA Program Comment Date: Written comments
automated, electronic, mechanical, or Discrimination Complaint Form, which must be submitted on or before April 14,
other technological collection may be accessed online at http:// 2017.
techniques, or other forms of www.ocio.usda.gov/sites/default/files/ ADDRESSES: You may submit comments
information technology. Comments may docs/2012/Complain_combined_6_8_ to:
be sent to both FSIS, at the addresses 12.pdf, or write a letter signed by you • Email: PRAcomments@doc.gov.
provided above, and the Desk Officer for • Mail: Jennifer Jessup, Departmental
or your authorized representative.
Agriculture, Office of Information and Paperwork Clearance Officer,
Regulatory Affairs, Office of Send your completed complaint form
Department of Commerce, Room 6616,
Management and Budget, Washington, or letter to USDA by mail, fax, or email:
14th and Constitution Avenue NW.,
DC 20253. Mail: U.S. Department of Agriculture, Washington, DC 20230.
Responses to this notice will be Director, Office of Adjudication, 1400 FOR FURTHER INFORMATION CONTACT:
summarized and included in the request Independence Avenue SW.,
for OMB approval. All comments will Patricia Abaroa, Chief, Direct
Washington, DC 20250–9410, Fax: (202) Investment Division (BE–50), Bureau of
also become a matter of public record. 690–7442, Email: program.intake@ Economic Analysis, Department of
Additional Public Notification usda.gov. Commerce, 4600 Silver Hill Road.
Public awareness of all segments of Persons with disabilities who require Washington, DC 20233; phone: (301)
rulemaking and policy development is alternative means for communication 278–9591 or via email at
important. Consequently, FSIS will (Braille, large print, audiotape, etc.), patricia.abaroa@bea.gov.
announce this Federal Register should contact USDA’s TARGET Center SUPPLEMENTARY INFORMATION: Federal
publication on-line through the FSIS at (202) 720–2600 (voice and TDD). statistics provide key information that
Web page located at: http:// the Nation uses to measure its
Dated: February 7, 2017.
www.fsis.usda.gov/federal-register. performance and make informed
FSIS also will make copies of this Alfred V. Almanza, choices about budgets, employment,
publication available through the FSIS Administrator. health, investments, taxes, and a host of
jstallworth on DSK7TPTVN1PROD with NOTICES
Constituent Update, which is used to [FR Doc. 2017–02832 Filed 2–10–17; 8:45 am] other significant topics. Many of the
provide information regarding FSIS BILLING CODE 3410–DM–P most valuable Federal statistics,
policies, procedures, regulations, including those of the Bureau of
Federal Register notices, FSIS public Economic Analysis (BEA), come from
meetings, and other types of information surveys that ask for highly sensitive
that could affect or would be of interest information such as proprietary
to our constituents and stakeholders. business data. Strong and trusted
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![10456 Federal Register / Vol. 82, No. 28 / Monday, February 13, 2017 / Notices
confidentiality and exclusively program’s objective is to provide a • 0608–0034: BE–15 Annual Survey of
statistical use pledges are effective and common baseline of security across the Foreign Direct Investment in the
necessary in honoring the trust that federal civilian executive branch and to United States
businesses, individuals, and help agencies manage their cyber risk. • 0608–0035: BE–13 Survey of New
institutions, by their responses, place in The Federal statistical system’s
Foreign Direct Investment in the
the BEA. objective is to ensure that the DHS
Under the International Investment United States
Secretary performs those essential
and Trade in Services Survey Act (22 duties in a manner that honors the • 0608–0042: BE–12 Benchmark Survey
U.S.C. 3101–3108, as amended), BEA Government’s statutory promises to the of Foreign Direct Investment in the
makes statutory pledges that the public to protect their confidential data. United States
information respondents provide will be Given that DHS is not a Federal • 0608–0049: BE–10 Benchmark Survey
seen only by statistical agency statistical agency, both DHS and the of U.S. Direct Investment Abroad
personnel or their sworn agents, and Federal statistical system have been
will be used only for statistical successfully working to find a way to • 0608–0053: BE–11 Annual Survey of
purposes. This statute protects the balance both objectives. U.S. Direct Investment Abroad
confidentiality of information that BEA Accordingly, DHS and DOC have • 0608–0058: BE–120 Benchmark
collects solely for statistical purposes developed a Memorandum of Survey of Transactions in Selected
and under a pledge of confidentiality; Agreement for the deployment of Services and Intellectual Property
this information is protected from Einstein 3A cybersecurity protection with Foreign Persons
administrative, law enforcement, technology to monitor DOC’s Internet
taxation, regulatory, or any other non- traffic and have incorporated an • 0608–0068: BE–9 Quarterly Survey of
statistical use. Moreover, this statute associated Addendum on Highly Foreign Airline Operators’ Revenues
carries criminal penalties for conviction Sensitive Agency Information that and Expenses in the United States
of a knowing and willful unauthorized provides additional protection and • 0608–0062: BE–180 Benchmark
disclosure of covered information. enhanced security handling of Survey of Financial Services
As part of the Consolidated confidential statistical data provided to Transactions Between U.S. Financial
Appropriations Act for Fiscal Year 2016, BEA. Services Providers and Foreign
signed on December 18, 2015, the Since it is possible that DHS Persons
Congress included the Federal personnel could see some portion of
Cybersecurity Enhancement Act of 2015 those confidential data in the course of • 0608–0065: BE–185 Quarterly Survey
(Pub. L. 114–113, Division N, Title II, examining the suspicious Internet of Financial Services Transactions
Subtitle B, Sec. 223). This Act requires packets identified by Einstein 3A Between U.S. Financial Services
the Secretary of Homeland Security to sensors, statistical agencies need to Providers and Foreign Persons
provide Federal civilian agencies’ revise their confidentiality pledges to • 0608–0066: BE–45 Quarterly Survey
information technology systems with reflect this process change. Therefore, of Insurance Transactions by U.S.
cybersecurity protection for their DOC is providing this notice to alert the Insurance Companies with Foreign
Internet traffic. The technology public to the confidentiality pledge Persons
currently used to provide this protection revision for BEA surveys. Below is a
is known as Einstein 3A; it listing of the current information • 0608–0067: BE–125 Quarterly Survey
electronically searches Internet traffic in collection numbers and titles for those of Transactions in Selected Services
and out of Federal civilian agencies in BEA surveys with confidentiality and Intellectual Property with Foreign
real time for cyber threat indicators. pledges that will change to reflect the Persons
When such a signature is found, the implementation of DHS’ Einstein 3A • 0608–0072: BE–150 Quarterly Survey
Internet packets that contain the monitoring for cybersecurity protection of Payment Card and Bank Card
malware signature are segregated for purposes in accordance with the Transactions Related to International
further inspection by Department of requirements of the Federal Travel
Homeland Security (DHS) personnel. Cybersecurity Enhancement Act of
Because it is possible that such packets 2015. The BEA statistical confidentiality • 0608–0073: BE–140 Benchmark
entering or leaving BEA’s information pledge for these surveys will be Survey of Insurance Transactions by
system may contain a small portion of modified to include the following U.S. Insurance Companies with
confidential statistical data, it can no sentence: ‘‘Per the Cybersecurity Foreign Persons
longer promise its respondents that their Enhancement Act of 2015, your data are DOC invites the general public and
responses will be seen only by BEA protected from cybersecurity risks other Federal agencies to provide
personnel or its sworn agents. However, through security monitoring of the BEA comments on the revision to the
BEA can promise, in accordance with information systems.’’ confidentiality pledge as described
provisions of the Federal Cybersecurity • 0608–0004: BE–577 Quarterly Survey above. Comments submitted in response
Enhancement Act of 2015, that such of U.S. Direct Investment Abroad to this notice will be summarized and/
information can be used only to protect • 0608–0009: BE–605 Quarterly Survey
information and information systems or included in the request for OMB
of Foreign Direct Investment in the
from cybersecurity risks. approval of this information collection;
United States
Consequently, with enactment and • 0608–0011: BE–30 Quarterly Survey they also will become a matter of public
implementation of the Federal record.
jstallworth on DSK7TPTVN1PROD with NOTICES
of Ocean Freight Revenues and
Cybersecurity Enhancement Act of 2015 Foreign Expenses of U.S. Carriers Sheleen Dumas,
has provided the Federal statistical • 0608–0011: BE–37 Quarterly Survey
PRA Departmental Lead, Office of the Chief
community with an opportunity to of U.S. Airline Operators’ Foreign Information Officer.
obtain the further protection of its Revenues and Expenses
[FR Doc. 2017–02821 Filed 2–10–17; 8:45 am]
confidential data that is offered by DHS’ • 0608–0012: BE–29 Foreign Ocean
Einstein 3A cybersecurity protection Carriers’ Expenses in the United BILLING CODE 3510–06–P
program. The DHS cybersecurity States
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Document Created: 2017-02-11 00:58:55
Document Modified: 2017-02-11 00:58:55
| 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 | Notice; request for comments. | |
| Dates | Effective Date: February 13, 2017. | |
| Contact | Patricia Abaroa, Chief, Direct Investment Division (BE-50), Bureau of Economic Analysis, Department of Commerce, 4600 Silver Hill Road. Washington, DC 20233; phone: (301) 278-9591 or via email at [email protected] | |
| FR Citation | 82 FR 10455 |
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