82_FR_18362 82 FR 18289 - Agency Information Collection Activities; Comment Request; Revision of the National Center for Education Statistics (NCES) Confidentiality Pledges Under Confidential Information Protection and Statistical Efficiency Act (CIPSEA) and Education Sciences Reform Act of 2002 (ESRA 2002)

82 FR 18289 - Agency Information Collection Activities; Comment Request; Revision of the National Center for Education Statistics (NCES) Confidentiality Pledges Under Confidential Information Protection and Statistical Efficiency Act (CIPSEA) and Education Sciences Reform Act of 2002 (ESRA 2002)

DEPARTMENT OF EDUCATION

Federal Register Volume 82, Issue 73 (April 18, 2017)

Page Range18289-18291
FR Document2017-07741

The National Center for Education Statistics (NCES) is announcing revisions to the confidentiality pledge(s) it provides to its respondents under the Confidential Information Protection and Statistical Efficiency Act (CIPSEA) and under the Education Sciences Reform Act of 2002 (ESRA 2002). These revisions are required by the passage and implementation of provisions of the Federal Cybersecurity Enhancement Act of 2015, which permits and requires the Secretary of Homeland Security 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.

Federal Register, Volume 82 Issue 73 (Tuesday, April 18, 2017)
[Federal Register Volume 82, Number 73 (Tuesday, April 18, 2017)]
[Notices]
[Pages 18289-18291]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07741]


=======================================================================
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DEPARTMENT OF EDUCATION

[Docket No. ED-2017-ICCD-0052]


Agency Information Collection Activities; Comment Request; 
Revision of the National Center for Education Statistics (NCES) 
Confidentiality Pledges Under Confidential Information Protection and 
Statistical Efficiency Act (CIPSEA) and Education Sciences Reform Act 
of 2002 (ESRA 2002)

AGENCY: National Center for Education Statistics (NCES), Department of 
Education (ED).

ACTION: Notice.

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

SUMMARY: The National Center for Education Statistics (NCES) is 
announcing revisions to the confidentiality pledge(s) it provides to 
its respondents under the Confidential Information Protection and 
Statistical Efficiency Act (CIPSEA) and under the Education Sciences 
Reform Act of 2002 (ESRA 2002). These revisions are required by the 
passage and implementation of provisions of the Federal Cybersecurity 
Enhancement Act of 2015, which permits and requires the Secretary of 
Homeland Security 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: Interested persons are invited to submit comments on or before 
June 19, 2017.

ADDRESSES: To access and review all the documents related to the 
information collection listed in this notice, please use http://www.regulations.gov by searching the Docket ID number ED-2017-ICCD-
0052. Comments submitted in response to this notice should be submitted 
electronically through the Federal eRulemaking Portal at http://www.regulations.gov by selecting the Docket ID number or via postal 
mail, commercial delivery, or hand delivery. Please note that comments 
submitted by fax or email and those submitted after the comment period 
will not be accepted. Written requests for information or comments 
submitted by postal mail or delivery should be addressed to the 
Director of the Information Collection Clearance Division, U.S. 
Department of Education, 400 Maryland Avenue SW., LBJ, Room 224-84, 
Washington, DC 20202-4537.

FOR FURTHER INFORMATION CONTACT: Dr. Cleo Redline by telephone at 202-
245-7695 (this is not a toll-free number); by email at 
[email protected]; or by mail at the National Center for Education 
Statistics, Potomac Center Plaza, 550 12th Street SW., Washington DC 
20202. 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 education, employment, health, investments, budgets, 
taxes, and a host of other significant topics. The overwhelming 
majority of Federal surveys are conducted 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.

Confidential Information and Protection and Statistical Efficiency Act 
(CIPSEA)

    Strong and trusted confidentiality and exclusively statistical use 
pledges under the Confidential Information Protection and Statistical 
Efficiency Act (CIPSEA) and similar statistical confidentiality pledges 
are effective and necessary in honoring the trust that businesses, 
individuals, and institutions, by their responses, place in statistical 
agencies. Under CIPSEA and similar statistical confidentiality 
protection statutes, many Federal statistical agencies make 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. CIPSEA and similar statutes protect the 
confidentiality of information that agencies collect solely for 
statistical purposes and under a pledge of confidentiality. These acts 
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 criminal penalties of a 
Class E felony (fines up to $250,000, or up to five years in prison, or 
both) 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 17, 2015, the Congress included the Federal 
Cybersecurity Enhancement Act of 2015 (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; it 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 
Department of Homeland Security (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 sworn agents.
    Accordingly, DHS and Federal statistical agencies, in cooperation 
with their parent departments, have developed a Memorandum of Agreement 
for the installation of Einstein 3A cybersecurity protection technology 
to monitor their Internet traffic.
    However, many current CIPSEA and similar statistical 
confidentiality pledges promise that respondents' data will be seen 
only by statistical agency personnel or their sworn agents. 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.

[[Page 18290]]

    Therefore, the National Center for Education Statistics (NCES) is 
providing this notice to alert the public to these confidentiality 
pledge revisions in an efficient and coordinated fashion.
    Under CIPSEA, the following is the revised statistical 
confidentiality pledge for applicable NCES data collections, with the 
new line added to address the new cybersecurity monitoring activities 
bolded for reference only:

    The information you provide will be used for statistical 
purposes only. In accordance with the Confidential Information 
Protection provisions of Title V, Subtitle A, Public Law 107-347 and 
other applicable Federal laws, your responses will be kept 
confidential and will not be disclosed in identifiable form to 
anyone other than employees or agents. By law, every NCES employee 
as well as every agent, such as contractors and NAEP coordinators, 
has taken an oath and is subject to a jail term of up to 5 years, a 
fine of $250,000, or both if he or she willfully discloses ANY 
identifiable information about you. Electronic submission of your 
information will be monitored for viruses, malware, and other 
threats by Federal employees and contractors in accordance with the 
Cybersecurity Enhancement Act of 2015.

    The following listing shows the current NCES Paperwork Reduction 
Act (PRA) OMB number and information collection title whose CIPSEA 
confidentiality pledge will change to reflect the statutory 
implementation of DHS' Einstein 3A monitoring for cybersecurity 
protection purposes:

------------------------------------------------------------------------
       OMB control No.                Information collection title
------------------------------------------------------------------------
1850-0928....................  National Assessment of Educational
                                Progress (NAEP) 2017.
------------------------------------------------------------------------

Education Sciences Reform Act of 2002 (ESRA 2002)

    NCES sample surveys are governed by additional laws, one of which 
is the Education Sciences Reform Act of 2002 (ESRA 2002) (20 U.S.C. 
9573). Under ESRA 2002, the information respondents provide can be seen 
only by statistical agency personnel or their sworn agents, and may not 
be disclosed, or used, in identifiable form for any other purpose, 
except in the case of an authorized investigation or prosecution of an 
offense concerning national or international terrorism. Under ESRA 
2002, the Attorney General is permitted to petition a court of 
competent jurisdiction for an ex parte order requiring the Secretary of 
Education to provide data relevant to an authorized investigation or 
prosecution of an offense concerning national or international 
terrorism. Thus, ESRA 2002 affords many of the same protections as 
CIPSEA, that is, surveys conducted under ESRA 2002 are protected from 
administrative, taxation, regulatory, and many other non-statistical 
uses and the disclosure of information carries criminal penalties of a 
Class E felony (fines up to $250,000, or up to five years in prison, or 
both) for conviction of a knowing and willful unauthorized disclosure 
of covered information for any non-statistical uses, except as noted 
previously, in the case of an authorized investigation concerning 
national or international terrorism.
    As part of the Consolidated Appropriations Act for Fiscal Year 2016 
signed on December 17, 2015, the Congress included the Federal 
Cybersecurity Enhancement Act of 2015 (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. Since 
it is possible that DHS personnel could see some portion of the 
confidential data collected under ESRA 2002 in the course of examining 
the suspicious Internet packets identified by Einstein 3A sensors, the 
National Center for Education Statistics needs to revise the 
confidentiality pledges made under ESRA 2002 to reflect this process 
change.
    Therefore, the National Center for Education Statistics (NCES) is 
providing this notice to alert the public to these confidentiality 
pledge revisions in an efficient and coordinated fashion.
    Under ESRA 2002, the following is the revised statistical 
confidentiality pledge for applicable NCES data collections, with the 
new line added to address the new cybersecurity monitoring activities 
bolded for reference only:
    All of the information you provide may be used only for statistical 
purposes and may not be disclosed, or used, in identifiable form for 
any other purpose except as required by law (20 U.S.C. 9573 and 6 
U.S.C. 151)
    The following listing shows the current NCES Paperwork Reduction 
Act (PRA) OMB numbers and information collection titles whose ESRA 2002 
confidentiality pledge will change to reflect the statutory 
implementation of DHS' Einstein 3A monitoring for cybersecurity 
protection purposes:

------------------------------------------------------------------------
       OMB control No.                Information collection title
------------------------------------------------------------------------
1850-0631....................  2012/17 Beginning Postsecondary Students
                                Longitudinal Study (BPS:12/17).
1850-0695....................  Trends in International Mathematics and
                                Science Study (TIMSS 2019) Pilot Test.
1850-0733....................  Fast Response Survey System (FRSS) 108:
                                Career and Technical Education (CTE)
                                Programs in Public School Districts.
1850-0755....................  Program for International Student
                                Assessment (PISA 2018) Field Test.
1850-0852....................  High School Longitudinal Study of 2009
                                (HSLS:09) Second Follow-up Main Study.
1850-0870....................  Program for the International Assessment
                                of Adult Competencies (PIAAC) 2017
                                National Supplement.
1850-0888....................  2018 Teaching and Learning International
                                Survey (TALIS 2018) Field Test.
1850-0911....................  Middle Grades Longitudinal Study of 2017-
                                18 (MGLS:2017) Operational Field Test
                                (OFT) and Recruitment for Main Study
                                Base-year.
1850-0923....................  ED School Climate Surveys (EDSCLS)
                                National Benchmark Study.
1850-0929....................  International Computer and Information
                                Literacy Study (ICILS 2018) Field Test.
1850-0931....................  NCER-NPSAS Grant Study--Connecting
                                Students with Financial Aid (CSFA) 2017:
                                Testing the Effectiveness of FAFSA
                                Interventions on College Outcomes.
1850-0932....................  NCER-NPSAS Grant Study--Financial Aid
                                Nudges 2017: A National Experiment to
                                Increase Retention of Financial Aid and
                                College Persistence.
1850-0934....................  Principal Follow-Up Survey (PFS 2016-17)
                                to the National Teacher and Principal
                                Survey (NTPS 2015-16).
1850-0803 v.174..............  The National Assessment of Educational
                                Progress (NAEP) Oral Reading Fluency
                                Pilot Study 2017.

[[Page 18291]]

 
1850-0803 v.176..............  National Assessment of Educational
                                Progress (NAEP) Survey Assessments
                                Innovations Lab (SAIL) English Language
                                Arts (ELA) Collaboration and Inquiry
                                Study 2017.
1850-0803 v.177..............  2017 Integrated Postsecondary Education
                                Data System (IPEDS) Time Use and Burden
                                Cognitive Interviews Round 1.
1850-0803 v.178..............  ED School Climate Surveys (EDSCLS)
                                Additional Item Cognitive Interviews--
                                Set 2 Round 2.
1850-0803 v.179..............  National Assessment of Educational
                                Progress (NAEP) Pretesting of Survey and
                                Cognitive Items for Pilot in 2017 and
                                2018.
1850-0803 v.180..............  National Assessment of Educational
                                Progress (NAEP) 2017 Feasibility Study
                                of Middle School Transcript Study
                                (MSTS).
1850-0803 v.181..............  National Assessment of Educational
                                Progress (NAEP) Digitally Based
                                Assessments (DBA) Usability Study 2017-
                                18.
1850-0803 v.182..............  2017 National Household Education Survey
                                (NHES) Web Data Collection Test.
1850-0803 v.186..............  National Household Education Surveys
                                Program 2019 (NHES:2019) Focus Groups
                                with Parents of Students using Virtual
                                Education.
1850-0803 v.187..............  National Household Education Surveys
                                Program (NHES) 2017 Web Test Debriefing
                                Interviews for Parents of Homeschoolers.
1850-0803 v.189..............  2017-2018 National Teacher and Principal
                                Survey (NTPS) Portal Usability Testing.
1850-0803 v.191..............  NCER- NPSAS Grant Study--Connecting
                                Students with Financial Aid (CSFA) 2017
                                Cognitive Testing.
1850-0803 v.190..............  International Early Learning Study (IELS
                                2018) Cognitive Items Trial.
1850-0803 v.164..............  National Assessment of Educational
                                Progress (NAEP) 2019 Science Items
                                Pretesting.
1850-0803 v.170..............  National Assessment of Educational
                                Progress (NAEP) Survey Assessments
                                Innovations Lab (SAIL) Pretesting
                                Activities: Virtual World for English
                                Language Arts Assessment.
1850-0803 v.175..............  National Assessment of Educational
                                Progress (NAEP) Science Questionnaire
                                Cognitive Interviews 2017.
1850-0803 v.184..............  NCER- NPSAS Grant Study--Connecting
                                Students with Financial Aid (CSFA) 2017
                                Focus Groups.
1850-0803 v.183..............  NCER-NPSAS Grant Study--Financial Aid
                                Nudges 2017 Focus Groups.
1850-0803 v.185..............  The School Survey on Crime and Safety
                                (SSOCS) Principals Focus Groups.
------------------------------------------------------------------------

    Title of Collection: Revision of the National Center for Education 
Statistics (NCES) Confidentiality Pledges under Confidential 
Information Protection and Statistical Efficiency Act (CIPSEA) and 
Education Sciences Reform Act of 2002 (ESRA 2002).
    OMB Control Number: 1850-0937.
    Type of Review: An extension of an existing information collection.
    Affected Public: Survey respondents to applicable NCES information 
collections.
    Total Respondents: Unchanged from current collections.
    Frequency: Unchanged from current collections.
    Total Responses: Unchanged from current collections.
    Average Time per Response: Unchanged from current collections.
    Estimated Total Burden Hours: Unchanged from current collections.
    Estimated Total Cost: Unchanged from current collections.
    Abstract: Under 44 U.S.C. 3506(e), and 44 U.S.C. 3501 (note), the 
National Center for Education Statistics (NCES) is announcing revisions 
to the confidentiality pledge(s) it provides to its respondents under 
the Confidential Information Protection and Statistical Efficiency Act 
(44 U.S.C. 3501 (note)) (CIPSEA) and under the Education Sciences 
Reform Act of 2002 (ESRA 2002). These revisions are required by the 
passage and implementation of provisions of the Federal Cybersecurity 
Enhancement Act of 2015 (6 U.S.C. 151), which permits and requires the 
Secretary of Homeland Security to provide Federal civilian agencies' 
information technology systems with cybersecurity protection for their 
Internet traffic.

    Dated: April 12, 2017.
Kate Mullan,
Acting Director, Information Collection Clearance Division, Office of 
the Chief Privacy Officer, Office of Management.
[FR Doc. 2017-07741 Filed 4-17-17; 8:45 am]
 BILLING CODE 4000-01-P



                                                                               Federal Register / Vol. 82, No. 73 / Tuesday, April 18, 2017 / Notices                                           18289

                                                relevant to the Board’s mission and/or                  in response to this notice should be                  statistical purposes. CIPSEA and similar
                                                the topics to be addressed in this public               submitted electronically through the                  statutes protect the confidentiality of
                                                meeting. A 15-minute period near the                    Federal eRulemaking Portal at http://                 information that agencies collect solely
                                                end of the meeting will be available for                www.regulations.gov by selecting the                  for statistical purposes and under a
                                                verbal public comments. Members of                      Docket ID number or via postal mail,                  pledge of confidentiality. These acts
                                                the public who have requested to make                   commercial delivery, or hand delivery.                protect such statistical information from
                                                a verbal comment and whose comments                     Please note that comments submitted by                administrative, law enforcement,
                                                have been deemed relevant under the                     fax or email and those submitted after                taxation, regulatory, or any other non-
                                                process described above, will be allotted               the comment period will not be                        statistical use and immunize the
                                                no more than three (3) minutes during                   accepted. Written requests for                        information submitted to statistical
                                                this period, and will be invited to speak               information or comments submitted by                  agencies from legal process. Moreover,
                                                in the order in which their requests                    postal mail or delivery should be                     many of these statutes carry criminal
                                                were received by the DFO and ADFO.                      addressed to the Director of the                      penalties of a Class E felony (fines up to
                                                                                                        Information Collection Clearance                      $250,000, or up to five years in prison,
                                                Brenda S. Bowen,                                                                                              or both) for conviction of a knowing and
                                                                                                        Division, U.S. Department of Education,
                                                Army Federal Register Liaison Officer.                  400 Maryland Avenue SW., LBJ, Room                    willful unauthorized disclosure of
                                                [FR Doc. 2017–07671 Filed 4–17–17; 8:45 am]             224–84, Washington, DC 20202–4537.                    covered information.
                                                BILLING CODE 3720–58–P
                                                                                                        FOR FURTHER INFORMATION CONTACT: Dr.
                                                                                                                                                                 As part of the Consolidated
                                                                                                        Cleo Redline by telephone at 202–245–                 Appropriations Act for Fiscal Year 2016
                                                                                                        7695 (this is not a toll-free number); by             signed on December 17, 2015, the
                                                DEPARTMENT OF EDUCATION                                 email at cleo.redline@ed.gov; or by mail              Congress included the Federal
                                                                                                        at the National Center for Education                  Cybersecurity Enhancement Act of 2015
                                                [Docket No. ED–2017–ICCD–0052]                                                                                (6 U.S.C. 151). This Act, among other
                                                                                                        Statistics, Potomac Center Plaza, 550
                                                Agency Information Collection                                                                                 provisions, permits and requires the
                                                                                                        12th Street SW., Washington DC 20202.
                                                Activities; Comment Request; Revision                                                                         Secretary of Homeland Security to
                                                                                                        Because of delays in the receipt of
                                                                                                                                                              provide Federal civilian agencies’
                                                of the National Center for Education                    regular mail related to security
                                                                                                                                                              information technology systems with
                                                Statistics (NCES) Confidentiality                       screening, respondents are encouraged
                                                                                                                                                              cybersecurity protection for their
                                                Pledges Under Confidential                              to use electronic communications.
                                                                                                                                                              Internet traffic. The technology
                                                Information Protection and Statistical                  SUPPLEMENTARY INFORMATION: Federal                    currently used to provide this protection
                                                Efficiency Act (CIPSEA) and Education                   statistics provide key information that               against cyber malware is known as
                                                Sciences Reform Act of 2002 (ESRA                       the Nation uses to measure its                        Einstein 3A; it electronically searches
                                                2002)                                                   performance and make informed                         Internet traffic in and out of Federal
                                                AGENCY:   National Center for Education                 choices about education, employment,                  civilian agencies in real time for
                                                Statistics (NCES), Department of                        health, investments, budgets, taxes, and              malware signatures.
                                                Education (ED).                                         a host of other significant topics. The                  When such a signature is found, the
                                                                                                        overwhelming majority of Federal                      Internet packets that contain the
                                                ACTION: Notice.
                                                                                                        surveys are conducted on a voluntary                  malware signature are shunted aside for
                                                SUMMARY:   The National Center for                      basis. Respondents, ranging from                      further inspection by Department of
                                                Education Statistics (NCES) is                          businesses to households to institutions,             Homeland Security (DHS) personnel.
                                                announcing revisions to the                             may choose whether or not to provide                  Because it is possible that such packets
                                                confidentiality pledge(s) it provides to                the requested information. Many of the                entering or leaving a statistical agency’s
                                                its respondents under the Confidential                  most valuable Federal statistics come                 information technology system may
                                                Information Protection and Statistical                  from surveys that ask for highly                      contain a small portion of confidential
                                                Efficiency Act (CIPSEA) and under the                   sensitive information such as                         statistical data, statistical agencies can
                                                Education Sciences Reform Act of 2002                   proprietary business data from                        no longer promise their respondents
                                                (ESRA 2002). These revisions are                        companies or particularly personal                    that their responses will be seen only by
                                                required by the passage and                             information or practices from                         statistical agency personnel or their
                                                implementation of provisions of the                     individuals.                                          sworn agents.
                                                Federal Cybersecurity Enhancement Act                                                                            Accordingly, DHS and Federal
                                                                                                        Confidential Information and
                                                of 2015, which permits and requires the                                                                       statistical agencies, in cooperation with
                                                                                                        Protection and Statistical Efficiency Act             their parent departments, have
                                                Secretary of Homeland Security to                       (CIPSEA)
                                                provide Federal civilian agencies’                                                                            developed a Memorandum of
                                                information technology systems with                       Strong and trusted confidentiality and              Agreement for the installation of
                                                cybersecurity protection for their                      exclusively statistical use pledges under             Einstein 3A cybersecurity protection
                                                Internet traffic. More details on this                  the Confidential Information Protection               technology to monitor their Internet
                                                announcement are presented in the                       and Statistical Efficiency Act (CIPSEA)               traffic.
                                                SUPPLEMENTARY INFORMATION section
                                                                                                        and similar statistical confidentiality                  However, many current CIPSEA and
                                                below.                                                  pledges are effective and necessary in                similar statistical confidentiality
                                                                                                        honoring the trust that businesses,                   pledges promise that respondents’ data
                                                DATES:  Interested persons are invited to               individuals, and institutions, by their               will be seen only by statistical agency
                                                submit comments on or before June 19,                   responses, place in statistical agencies.             personnel or their sworn agents. Since
sradovich on DSK3GMQ082PROD with NOTICES




                                                2017.                                                   Under CIPSEA and similar statistical                  it is possible that DHS personnel could
                                                ADDRESSES: To access and review all the                 confidentiality protection statutes, many             see some portion of those confidential
                                                documents related to the information                    Federal statistical agencies make                     data in the course of examining the
                                                collection listed in this notice, please                statutory pledges that the information                suspicious Internet packets identified by
                                                use http://www.regulations.gov by                       respondents provide will be seen only                 Einstein 3A sensors, statistical agencies
                                                searching the Docket ID number ED–                      by statistical agency personnel or their              need to revise their confidentiality
                                                2017–ICCD–0052. Comments submitted                      sworn agents, and will be used only for               pledges to reflect this process change.


                                           VerDate Sep<11>2014   16:55 Apr 17, 2017   Jkt 241001   PO 00000   Frm 00013   Fmt 4703   Sfmt 4703   E:\FR\FM\18APN1.SGM   18APN1


                                                18290                                  Federal Register / Vol. 82, No. 73 / Tuesday, April 18, 2017 / Notices

                                                   Therefore, the National Center for                           with the Confidential Information Protection            malware, and other threats by Federal
                                                Education Statistics (NCES) is providing                        provisions of Title V, Subtitle A, Public Law           employees and contractors in accordance
                                                this notice to alert the public to these                        107–347 and other applicable Federal laws,              with the Cybersecurity Enhancement Act of
                                                confidentiality pledge revisions in an                          your responses will be kept confidential and            2015.
                                                efficient and coordinated fashion.                              will not be disclosed in identifiable form to
                                                   Under CIPSEA, the following is the                           anyone other than employees or agents. By                 The following listing shows the
                                                revised statistical confidentiality pledge                      law, every NCES employee as well as every               current NCES Paperwork Reduction Act
                                                                                                                agent, such as contractors and NAEP                     (PRA) OMB number and information
                                                for applicable NCES data collections,
                                                                                                                coordinators, has taken an oath and is subject          collection title whose CIPSEA
                                                with the new line added to address the                          to a jail term of up to 5 years, a fine of
                                                new cybersecurity monitoring activities                                                                                 confidentiality pledge will change to
                                                                                                                $250,000, or both if he or she willfully
                                                bolded for reference only:                                      discloses ANY identifiable information about
                                                                                                                                                                        reflect the statutory implementation of
                                                  The information you provide will be used                      you. Electronic submission of your                      DHS’ Einstein 3A monitoring for
                                                for statistical purposes only. In accordance                    information will be monitored for viruses,              cybersecurity protection purposes:

                                                       OMB control No.                                                                         Information collection title

                                                1850–0928 ...........................        National Assessment of Educational Progress (NAEP) 2017.



                                                Education Sciences Reform Act of 2002                           statistical uses and the disclosure of                  needs to revise the confidentiality
                                                (ESRA 2002)                                                     information carries criminal penalties of               pledges made under ESRA 2002 to
                                                                                                                a Class E felony (fines up to $250,000,                 reflect this process change.
                                                  NCES sample surveys are governed by                           or up to five years in prison, or both) for                Therefore, the National Center for
                                                additional laws, one of which is the                            conviction of a knowing and willful                     Education Statistics (NCES) is providing
                                                Education Sciences Reform Act of 2002                           unauthorized disclosure of covered                      this notice to alert the public to these
                                                (ESRA 2002) (20 U.S.C. 9573). Under                             information for any non-statistical uses,               confidentiality pledge revisions in an
                                                ESRA 2002, the information                                      except as noted previously, in the case                 efficient and coordinated fashion.
                                                respondents provide can be seen only                            of an authorized investigation                             Under ESRA 2002, the following is
                                                by statistical agency personnel or their                        concerning national or international                    the revised statistical confidentiality
                                                sworn agents, and may not be disclosed,                         terrorism.                                              pledge for applicable NCES data
                                                or used, in identifiable form for any                             As part of the Consolidated                           collections, with the new line added to
                                                other purpose, except in the case of an                         Appropriations Act for Fiscal Year 2016                 address the new cybersecurity
                                                authorized investigation or prosecution                         signed on December 17, 2015, the                        monitoring activities bolded for
                                                of an offense concerning national or                            Congress included the Federal                           reference only:
                                                international terrorism. Under ESRA                             Cybersecurity Enhancement Act of 2015                      All of the information you provide
                                                2002, the Attorney General is permitted                         (6 U.S.C. 151). This Act, among other                   may be used only for statistical
                                                to petition a court of competent                                provisions, permits and requires the                    purposes and may not be disclosed, or
                                                jurisdiction for an ex parte order                              Secretary of Homeland Security to                       used, in identifiable form for any other
                                                requiring the Secretary of Education to                         provide Federal civilian agencies’                      purpose except as required by law (20
                                                provide data relevant to an authorized                          information technology systems with                     U.S.C. 9573 and 6 U.S.C. 151)
                                                investigation or prosecution of an                              cybersecurity protection for their                         The following listing shows the
                                                offense concerning national or                                  Internet traffic. Since it is possible that             current NCES Paperwork Reduction Act
                                                international terrorism. Thus, ESRA                             DHS personnel could see some portion                    (PRA) OMB numbers and information
                                                2002 affords many of the same                                   of the confidential data collected under                collection titles whose ESRA 2002
                                                protections as CIPSEA, that is, surveys                         ESRA 2002 in the course of examining                    confidentiality pledge will change to
                                                conducted under ESRA 2002 are                                   the suspicious Internet packets                         reflect the statutory implementation of
                                                protected from administrative, taxation,                        identified by Einstein 3A sensors, the                  DHS’ Einstein 3A monitoring for
                                                regulatory, and many other non-                                 National Center for Education Statistics                cybersecurity protection purposes:

                                                       OMB control No.                                                                         Information collection title

                                                1850–0631 ...........................        2012/17 Beginning Postsecondary Students Longitudinal Study (BPS:12/17).
                                                1850–0695 ...........................        Trends in International Mathematics and Science Study (TIMSS 2019) Pilot Test.
                                                1850–0733 ...........................        Fast Response Survey System (FRSS) 108: Career and Technical Education (CTE) Programs in Public School
                                                                                                Districts.
                                                1850–0755      ...........................   Program for International Student Assessment (PISA 2018) Field Test.
                                                1850–0852      ...........................   High School Longitudinal Study of 2009 (HSLS:09) Second Follow-up Main Study.
                                                1850–0870      ...........................   Program for the International Assessment of Adult Competencies (PIAAC) 2017 National Supplement.
                                                1850–0888      ...........................   2018 Teaching and Learning International Survey (TALIS 2018) Field Test.
                                                1850–0911      ...........................   Middle Grades Longitudinal Study of 2017–18 (MGLS:2017) Operational Field Test (OFT) and Recruitment for
                                                                                                Main Study Base-year.
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                                                1850–0923 ...........................        ED School Climate Surveys (EDSCLS) National Benchmark Study.
                                                1850–0929 ...........................        International Computer and Information Literacy Study (ICILS 2018) Field Test.
                                                1850–0931 ...........................        NCER–NPSAS Grant Study—Connecting Students with Financial Aid (CSFA) 2017: Testing the Effectiveness of
                                                                                                FAFSA Interventions on College Outcomes.
                                                1850–0932 ...........................        NCER–NPSAS Grant Study—Financial Aid Nudges 2017: A National Experiment to Increase Retention of Finan-
                                                                                                cial Aid and College Persistence.
                                                1850–0934 ...........................        Principal Follow-Up Survey (PFS 2016–17) to the National Teacher and Principal Survey (NTPS 2015–16).
                                                1850–0803 v.174 .................            The National Assessment of Educational Progress (NAEP) Oral Reading Fluency Pilot Study 2017.



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                                                                                   Federal Register / Vol. 82, No. 73 / Tuesday, April 18, 2017 / Notices                                             18291

                                                       OMB control No.                                                                     Information collection title

                                                1850–0803 v.176 .................        National Assessment of Educational Progress (NAEP) Survey Assessments Innovations Lab (SAIL) English Lan-
                                                                                            guage Arts (ELA) Collaboration and Inquiry Study 2017.
                                                1850–0803 v.177 .................        2017 Integrated Postsecondary Education Data System (IPEDS) Time Use and Burden Cognitive Interviews
                                                                                            Round 1.
                                                1850–0803 v.178 .................        ED School Climate Surveys (EDSCLS) Additional Item Cognitive Interviews—Set 2 Round 2.
                                                1850–0803 v.179 .................        National Assessment of Educational Progress (NAEP) Pretesting of Survey and Cognitive Items for Pilot in 2017
                                                                                            and 2018.
                                                1850–0803 v.180 .................        National Assessment of Educational Progress (NAEP) 2017 Feasibility Study of Middle School Transcript Study
                                                                                            (MSTS).
                                                1850–0803 v.181 .................        National Assessment of Educational Progress (NAEP) Digitally Based Assessments (DBA) Usability Study 2017–
                                                                                            18.
                                                1850–0803 v.182 .................        2017 National Household Education Survey (NHES) Web Data Collection Test.
                                                1850–0803 v.186 .................        National Household Education Surveys Program 2019 (NHES:2019) Focus Groups with Parents of Students
                                                                                            using Virtual Education.
                                                1850–0803 v.187 .................        National Household Education Surveys Program (NHES) 2017 Web Test Debriefing Interviews for Parents of
                                                                                            Homeschoolers.
                                                1850–0803    v.189   .................   2017–2018 National Teacher and Principal Survey (NTPS) Portal Usability Testing.
                                                1850–0803    v.191   .................   NCER- NPSAS Grant Study—Connecting Students with Financial Aid (CSFA) 2017 Cognitive Testing.
                                                1850–0803    v.190   .................   International Early Learning Study (IELS 2018) Cognitive Items Trial.
                                                1850–0803    v.164   .................   National Assessment of Educational Progress (NAEP) 2019 Science Items Pretesting.
                                                1850–0803    v.170   .................   National Assessment of Educational Progress (NAEP) Survey Assessments Innovations Lab (SAIL) Pretesting
                                                                                            Activities: Virtual World for English Language Arts Assessment.
                                                1850–0803    v.175   .................   National Assessment of Educational Progress (NAEP) Science Questionnaire Cognitive Interviews 2017.
                                                1850–0803    v.184   .................   NCER- NPSAS Grant Study—Connecting Students with Financial Aid (CSFA) 2017 Focus Groups.
                                                1850–0803    v.183   .................   NCER–NPSAS Grant Study—Financial Aid Nudges 2017 Focus Groups.
                                                1850–0803    v.185   .................   The School Survey on Crime and Safety (SSOCS) Principals Focus Groups.



                                                   Title of Collection: Revision of the                     provide Federal civilian agencies’                      report addressing how to best integrate
                                                National Center for Education Statistics                    information technology systems with                     citizen science work at EPA through
                                                (NCES) Confidentiality Pledges under                        cybersecurity protection for their                      effective collaboration and partnerships.
                                                Confidential Information Protection and                     Internet traffic.                                       In addition, the Assumable Waters
                                                Statistical Efficiency Act (CIPSEA) and                       Dated: April 12, 2017.                                Subcommittee under NACEPT will
                                                Education Sciences Reform Act of 2002                       Kate Mullan,
                                                                                                                                                                    provide an overview of its draft
                                                (ESRA 2002).                                                                                                        recommendations on how the EPA can
                                                                                                            Acting Director, Information Collection
                                                   OMB Control Number: 1850–0937.                                                                                   best clarify which waters a state or tribe
                                                                                                            Clearance Division, Office of the Chief Privacy
                                                   Type of Review: An extension of an                       Officer, Office of Management.                          assumes permitting responsibility under
                                                existing information collection.                                                                                    the Clean Water Act (CWA) section 404
                                                                                                            [FR Doc. 2017–07741 Filed 4–17–17; 8:45 am]
                                                   Affected Public: Survey respondents                                                                              program. A copy of the meeting agenda
                                                                                                            BILLING CODE 4000–01–P
                                                to applicable NCES information                                                                                      will be posted at http://www2.epa.gov/
                                                collections.                                                                                                        faca/nacept.
                                                   Total Respondents: Unchanged from                                                                                DATES: NACEPT will hold a two-day
                                                current collections.                                        ENVIRONMENTAL PROTECTION
                                                                                                                                                                    public meeting on May 10, 2017, from
                                                   Frequency: Unchanged from current                        AGENCY
                                                                                                                                                                    8:30 a.m. to 5:00 p.m. (EST) and May 11,
                                                collections.                                                [FRL–9961–46–OARM]                                      2017, from 8:30 a.m. to 1:00 p.m. (EST).
                                                   Total Responses: Unchanged from
                                                                                                                                                                    ADDRESSES: The meeting will be held at
                                                current collections.                                        National Advisory Council for
                                                   Average Time per Response:                                                                                       the NC Museum of Natural Sciences,
                                                                                                            Environmental Policy and Technology                     William G. Ross Environmental
                                                Unchanged from current collections.
                                                   Estimated Total Burden Hours:                            AGENCY: Environmental Protection                        Conference Center, 11 West Jones Street,
                                                Unchanged from current collections.                         Agency (EPA).                                           Raleigh, North Carolina 27601.
                                                   Estimated Total Cost: Unchanged                                                                                  FOR FURTHER INFORMATION, CONTACT:
                                                                                                            ACTION: Notice of Federal Advisory
                                                from current collections.                                   Committee Meeting.                                      Eugene Green, Designated Federal
                                                   Abstract: Under 44 U.S.C. 3506(e),                                                                               Officer, green.eugene@epa.gov, (202)
                                                and 44 U.S.C. 3501 (note), the National                     SUMMARY:   Under the Federal Advisory                   564–2432, U.S. EPA, Office of
                                                Center for Education Statistics (NCES) is                   Committee Act, Environmental                            Resources, Operations and Management,
                                                announcing revisions to the                                 Protection Agency (EPA) gives notice of                 Federal Advisory Committee
                                                confidentiality pledge(s) it provides to                    a public meeting of the National                        Management Division (MC1601M), 1200
                                                its respondents under the Confidential                      Advisory Council for Environmental                      Pennsylvania Avenue NW., Washington,
                                                Information Protection and Statistical                      Policy and Technology (NACEPT).                         DC 20460.
                                                Efficiency Act (44 U.S.C. 3501 (note))                      NACEPT provides advice to the EPA                       SUPPLEMENTARY INFORMATION: Requests
                                                (CIPSEA) and under the Education                            Administrator on a broad range of                       to make oral comments or to provide
sradovich on DSK3GMQ082PROD with NOTICES




                                                Sciences Reform Act of 2002 (ESRA                           environmental policy, technology, and                   written comments to NACEPT should be
                                                2002). These revisions are required by                      management issues. NACEPT members                       sent to Eugene Green at green.eugene@
                                                the passage and implementation of                           represent academia, industry, non-                      epa.gov by May 3, 2017. The meeting is
                                                provisions of the Federal Cybersecurity                     governmental organizations, and state,                  open to the public, with limited seating
                                                Enhancement Act of 2015 (6 U.S.C.                           local and tribal governments. The                       available on a first-come, first-served
                                                151), which permits and requires the                        purpose of this meeting is for NACEPT                   basis. Members of the public wishing to
                                                Secretary of Homeland Security to                           to develop a framework for its next                     attend should contact Eugene Green via


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Document Created: 2017-04-18 00:00:01
Document Modified: 2017-04-18 00:00:01
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.
DatesInterested persons are invited to submit comments on or before June 19, 2017.
ContactDr. Cleo Redline by telephone at 202- 245-7695 (this is not a toll-free number); by email at [email protected]; or by mail at the National Center for Education Statistics, Potomac Center Plaza, 550 12th Street SW., Washington DC 20202. Because of delays in the receipt of regular mail related to security screening, respondents are encouraged to use electronic communications.
FR Citation82 FR 18289 

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