82 FR 25751 - Privacy Act of 1974; Implementation
DEPARTMENT OF JUSTICE Federal Register Volume 82, Issue 106 (June 5, 2017)
Federal Register Volume 82, Issue 106 (June 5, 2017)
| Page Range | 25751-25753 | |
| FR Document | 2017-10788 |
[Federal Register Volume 82, Number 106 (Monday, June 5, 2017)] [Proposed Rules] [Pages 25751-25753] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-10788] [[Page 25751]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE 28 CFR Part 16 [CPCLO Order No. 002-2017] Privacy Act of 1974; Implementation AGENCY: United States Department of Justice. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: Elsewhere in this Federal Register, the United States Department of Justice (Department or DOJ) has published a new Privacy Act System of Records Notice, JUSTICE/DOJ-018, ``DOJ Insider Threat Program Records.'' Further, the Department issued a rescindment notice for the Federal Bureau of Investigation (FBI) System of Records Notice titled, ``FBI Insider Threat Program Records,'' JUSTICE/FBI-023. In this document, the DOJ withdraws the notice of proposed rulemaking for the ``FBI Insider Threat Program Records'' issued in CPCLO Order No. 008-2016, published on September 19, 2016, and proposes to exempt JUSTICE/DOJ-018 from certain provisions of the Privacy Act, in order to avoid interference with efforts to detect, deter, and/or mitigate insider threats. Public comment is invited. DATES: As of June 5, 2017, the notice of proposed rulemaking published at 81 FR 64092 (Sept. 19, 2016), is withdrawn. Comments on this notice of proposed rulemaking must be received by July 5, 2017. ADDRESSES: Address all comments to the Privacy Analyst, Privacy and Civil Liberties Office, National Place Building, 1331 Pennsylvania Ave. NW., Suite 1000, Washington, DC 20530-0001, facsimile 202-307-0693, or email at [email protected]. To ensure proper handling, please reference the CPCLO Order No. of this notice of proposed rulemaking in your correspondence. You may review an electronic version of the proposed rule at http://www.regulations.gov, and you may also comment by using that Web site's comment form for this regulation. When submitting comments electronically, you must include the CPCLO Order No. in the subject box. Please note that the Department is requesting that electronic comments be submitted before midnight Eastern Daylight Time on the day the comment period closes because http://www.regulations.gov terminates the public's ability to submit comments at that time. Commenters in time zones other than Eastern Time may want to consider this so that their electronic comments are received. All comments sent via regular or express mail will be considered timely if postmarked on or before the day the comment period closes. Posting of Public Comments: Please note that all comments received are considered part of the public record and made available for public inspection online at http://www.regulations.gov and in the Department's public docket. Such information includes personal identifying information (such as your name, address, etc.) voluntarily submitted by the commenter. If you want to submit personal identifying information (such as your name, address, etc.) as part of your comment, but do not want it to be posted online or made available in the public docket, you must include the phrase ``PERSONALLY IDENTIFYING INFORMATION'' in the first paragraph of your comment. You must also place all personal identifying information you do not want posted online or made available in the public docket in the first paragraph of your comment and identify what information you want redacted. If you want to submit confidential business information as part of your comment, but do not want it to be posted online or made available in the public docket, you must include the phrase ``CONFIDENTIAL BUSINESS INFORMATION'' in the first paragraph of your comment. You must also prominently identify confidential business information to be redacted within the comment. If a comment has so much confidential business information that it cannot be effectively redacted, all or part of that comment may not be posted online or made available in the public docket. Personally identifying information and confidential business information identified and located as set forth above will be redacted and the comment, in redacted form, will be posted online and placed in the Department's public docket file. Please note that the Freedom of Information Act applies to all comments received. If you wish to inspect the agency's public docket file in person by appointment, please see the FOR FURTHER INFORMATION CONTACT section, below. FOR FURTHER INFORMATION CONTACT: Laurence Reed, DOJ Insider Threat Program Manager, United States Department of Justice, Insider Threat Prevention and Detection Program, 145 N Street NE., Washington, DC 20002, 202-357-0165, [email protected]. SUPPLEMENTARY INFORMATION: DOJ Insider Threat Program The November 21, 2012, Presidential Memorandum--National Insider Threat Policy and Minimum Standards for Executive Branch Insider Threat Programs states that an insider threat is the threat that any person with authorized access to any United States Government resources, to include personnel, facilities, information, equipment, networks or systems, will use her/his authorized access, wittingly or unwittingly, to do harm to the security of the United States. This threat can include damage to the United States through espionage, terrorism, unauthorized disclosure of national security information, or through the loss or degradation of departmental resources or capabilities. In the Notice section of this Federal Register, the DOJ has established a new Privacy Act system of records titled ``DOJ Insider Threat Program Records,'' JUSTICE/DOJ-018. The system serves as a repository for DOJ information and for information lawfully received from other federal agencies or obtained from private companies and permits the comparison of data sets in order to provide a more complete picture of potential insider threats. In this rulemaking, the DOJ proposes to exempt this Privacy Act system of records from certain provisions of the Privacy Act in order to avoid interference with the responsibilities of the DOJ to detect, deter, and/or mitigate insider threats as established by federal law and policy. For an overview of the Privacy Act, see: https://www.justice.gov/opcl/privacy-act-1974. Integration of the FBI Insider Threat Program Records (ITPR) System of Records On September 19, 2016, the Federal Bureau of Investigation (FBI), a component of the DOJ, published a new Privacy Act System of Records Notice titled, ``FBI Insider Threat Program Records (ITPR),'' JUSTICE/ FBI-023, at 81 FR 64198. The FBI also issued a notice of proposed rulemaking, CPCLO No. 008-2016, at 81 FR 64092, proposing to exempt JUSTICE/FBI-023 from certain provisions of the Privacy Act. To consolidate Privacy Act notices under one DOJ-wide system of records, the Department is rescinding JUSTICE/FBI-023. In addition, the Department hereby withdraws the proposed rule, CPCLO No. 008-2016, published September 19, 2016, at 81 FR 64092, and will not publish a final rule to exempt JUSTICE/FBI-023 from certain provisions of the Privacy Act. Instead, the Department has published a new Privacy Act System of Records Notice titled, ``DOJ Insider Threat Program Records,'' JUSTICE/DOJ-018, and proposes to exempt this DOJ-wide [[Page 25752]] system of records from certain provisions of the Privacy Act, as described below. Regulatory Flexibility Act This proposed rule relates to individuals rather than small business entities. Pursuant to the requirements of the Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, therefore, the proposed rule will not have a significant economic impact on a substantial number of small entities. Small Entity Inquiries The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996, 5 U.S.C. 801 et seq., requires the DOJ to comply with small entity requests for information and advice about compliance with statutes and regulations within DOJ jurisdiction. Any small entity that has a question regarding this document may contact the person listed in the FOR FURTHER INFORMATION CONTACT section, above. Persons can obtain further information regarding SBREFA on the Small Business Administration's Web page at http://www.sba.gov/advo/archive/sum_sbrefa.html. Paperwork Reduction Act The Paperwork Reduction Act of 1995, 44 U.S.C. 3507(d), requires that DOJ consider the impact of paperwork and other information collection burdens imposed on the public. There are no current or new information collection requirements associated with this proposed rule. The records that are contributed to this system may be provided by individuals covered by this system, the DOJ and United States Government components, other domestic and foreign government entities, or purchased from private entities. Sharing of this information electronically will not increase the paperwork burden on the public. Unfunded Mandates Reform Act of 1995 Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 103-3, 109 Stat. 48, requires Federal agencies to assess the effects of certain regulatory actions on State, local, and tribal governments, and the private sector. UMRA requires a written statement of economic and regulatory alternatives for proposed and final rules that contain Federal mandates. A ``Federal mandate'' is a new or additional enforceable duty, imposed on any State, local, or tribal government, or the private sector. If any Federal mandate causes those entities to spend, in aggregate, $100 million or more in any one year, the UMRA analysis is required. This proposed rule would not impose Federal mandates on any State, local, or tribal government or the private sector. List of Subjects in 28 CFR Part 16 Administrative practices and procedures, Courts, Freedom of Information Act, Privacy Act. Pursuant to the authority vested in the Attorney General by 5 U.S.C. 552a and delegated to me by Attorney General Order 2940-2008, 28 CFR part 16 is proposed to be amended as follows: PART 16--[AMENDED] 0 1. The authority citation for part 16 continues to read as follows: Authority: 5 U.S.C. 301, 552, 552a, 553; 28 U.S.C. 509, 510, 534; 31 U.S.C. 3717. Subpart E--Exemption of Records Systems Under the Privacy Act 0 2. Add Sec. 16.137 to subpart E to read as follows: Sec. 16.137 Exemption of the Department of Justice Insider Threat Program Records, JUSTICE/DOJ-018. (a) The Department of Justice Insider Threat Program Records (JUSTICE/DOJ-018) system of records is exempted from subsections 5 U.S.C. 552a(c)(3) and (4); (d)(1), (2), (3) and (4); (e)(1), (2) and (3); (e)(4)(G), (H) and (I); (e)(5) and (8); (f) and (g) of the Privacy Act. These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j) or (k). Where DOJ determines compliance would not appear to interfere with or adversely affect the purpose of this system to detect, deter, and/or mitigate insider threats, the applicable exemption may be waived by the DOJ in its sole discretion. (b) Exemptions from the particular subsections are justified for the following reasons: (1) From subsection (c)(3), the requirement that an accounting be made available to the named subject of a record, because this system is exempt from the access provisions of subsection (d). Also, because making available to a record subject the accounting of disclosures of records concerning him/her would specifically reveal any insider threat-related interest in the individual by the DOJ or agencies that are recipients of the disclosures. Revealing this information could compromise ongoing, authorized law enforcement and intelligence efforts, particularly efforts to identify and/or mitigate insider threats. Revealing this information could also permit the record subject to obtain valuable insight concerning the information obtained during any investigation and to take measures to impede the investigation, e.g., destroy evidence or flee the area to avoid the investigation. (2) From subsection (c)(4) notification requirements because this system is exempt from the access and amendment provisions of subsection (d) as well as the accounting of disclosures provision of subsection (c)(3). The DOJ takes seriously its obligation to maintain accurate records despite its assertion of this exemption, and to the extent it, in its sole discretion, agrees to permit amendment or correction of DOJ records, it will share that information in appropriate cases. (3) From subsection (d)(1), (2), (3) and (4), (e)(4)(G) and (H), (e)(8), (f) and (g) because these provisions concern individual access to and amendment of law enforcement, intelligence and counterintelligence, and counterterrorism records and compliance could alert the subject of an authorized law enforcement or intelligence activity about that particular activity and the interest of the DOJ and/or other law enforcement or intelligence agencies. Providing access could compromise information classified to protect national security; disclose information that would constitute an unwarranted invasion of another's personal privacy; reveal a sensitive investigative or intelligence technique; provide information that would allow a subject to avoid detection or apprehension; or constitute a potential danger to the health or safety of law enforcement personnel, confidential sources, or witnesses. (4) From subsection (e)(1) because it is not always possible to know in advance what information is relevant and necessary for law enforcement and intelligence purposes. The relevance and utility of certain information that may have a nexus to insider threats may not always be fully evident until and unless it is vetted and matched with other information necessarily and lawfully maintained by the DOJ. (5) From subsection (e)(2) and (3) because application of these provisions could present a serious impediment to efforts to detect, deter and/or mitigate insider threats. Application of these provisions would put the subject of an investigation on notice of the investigation and allow the subject an opportunity to engage in conduct intended to impede the investigative activity or avoid apprehension. (6) From subsection (e)(4)(I), to the extent that this subsection is interpreted to require more detail regarding the [[Page 25753]] record sources in this system than has been published in the Federal Register. Should the subsection be so interpreted, exemption from this provision is necessary to protect the sources of law enforcement and intelligence information and to protect the privacy and safety of witnesses and informants and others who provide information to the DOJ. Further, greater specificity of sources of properly classified records could compromise national security. (7) From subsection (e)(5) because in the collection of information for authorized law enforcement and intelligence purposes, including efforts to detect, deter, and/or mitigate insider threats, due to the nature of investigations and intelligence collection, the DOJ often collects information that may not be immediately shown to be accurate, relevant, timely, and complete, although the DOJ takes reasonable steps to collect only the information necessary to support its mission and investigations. Additionally, the information may aid in establishing patterns of activity and providing criminal or intelligence leads. It could impede investigative progress if it were necessary to assure relevance, accuracy, timeliness and completeness of all information obtained throughout the course and within the scope of an investigation. Further, some of the records in this system may come from other domestic or foreign government entities, or private entities, and it would not be administratively feasible for the DOJ to vouch for the compliance of these agencies with this provision. Dated: May 19, 2017. Peter A. Winn, Acting Chief Privacy and Civil Liberties Officer, United States Department of Justice. [FR Doc. 2017-10788 Filed 6-2-17; 8:45 am] BILLING CODE 4410-NW-P
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DEPARTMENT OF JUSTICE sent via regular or express mail will be Policy and Minimum Standards for
considered timely if postmarked on or Executive Branch Insider Threat
28 CFR Part 16 before the day the comment period Programs states that an insider threat is
closes. the threat that any person with
[CPCLO Order No. 002–2017]
Posting of Public Comments: Please authorized access to any United States
Privacy Act of 1974; Implementation note that all comments received are Government resources, to include
considered part of the public record and personnel, facilities, information,
AGENCY: United States Department of made available for public inspection equipment, networks or systems, will
Justice. online at http://www.regulations.gov use her/his authorized access, wittingly
ACTION: Notice of proposed rulemaking. and in the Department’s public docket. or unwittingly, to do harm to the
Such information includes personal security of the United States. This threat
SUMMARY: Elsewhere in this Federal identifying information (such as your can include damage to the United States
Register, the United States Department name, address, etc.) voluntarily through espionage, terrorism,
of Justice (Department or DOJ) has submitted by the commenter. unauthorized disclosure of national
published a new Privacy Act System of If you want to submit personal security information, or through the loss
Records Notice, JUSTICE/DOJ–018, identifying information (such as your or degradation of departmental
‘‘DOJ Insider Threat Program Records.’’ name, address, etc.) as part of your resources or capabilities.
Further, the Department issued a comment, but do not want it to be In the Notice section of this Federal
rescindment notice for the Federal posted online or made available in the Register, the DOJ has established a new
Bureau of Investigation (FBI) System of public docket, you must include the Privacy Act system of records titled
Records Notice titled, ‘‘FBI Insider phrase ‘‘PERSONALLY IDENTIFYING ‘‘DOJ Insider Threat Program Records,’’
Threat Program Records,’’ JUSTICE/ INFORMATION’’ in the first paragraph JUSTICE/DOJ–018. The system serves as
FBI–023. In this document, the DOJ of your comment. You must also place a repository for DOJ information and for
withdraws the notice of proposed all personal identifying information you information lawfully received from
rulemaking for the ‘‘FBI Insider Threat do not want posted online or made other federal agencies or obtained from
Program Records’’ issued in CPCLO available in the public docket in the first private companies and permits the
Order No. 008–2016, published on paragraph of your comment and identify comparison of data sets in order to
September 19, 2016, and proposes to what information you want redacted. provide a more complete picture of
exempt JUSTICE/DOJ–018 from certain If you want to submit confidential potential insider threats.
provisions of the Privacy Act, in order business information as part of your In this rulemaking, the DOJ proposes
to avoid interference with efforts to comment, but do not want it to be to exempt this Privacy Act system of
detect, deter, and/or mitigate insider posted online or made available in the records from certain provisions of the
threats. Public comment is invited. public docket, you must include the Privacy Act in order to avoid
phrase ‘‘CONFIDENTIAL BUSINESS interference with the responsibilities of
DATES: As of June 5, 2017, the notice of
INFORMATION’’ in the first paragraph the DOJ to detect, deter, and/or mitigate
proposed rulemaking published at 81 of your comment. You must also insider threats as established by federal
FR 64092 (Sept. 19, 2016), is prominently identify confidential law and policy. For an overview of the
withdrawn. Comments on this notice of business information to be redacted Privacy Act, see: https://
proposed rulemaking must be received within the comment. If a comment has www.justice.gov/opcl/privacy-act-1974.
by July 5, 2017. so much confidential business
ADDRESSES: Address all comments to information that it cannot be effectively Integration of the FBI Insider Threat
the Privacy Analyst, Privacy and Civil redacted, all or part of that comment Program Records (ITPR) System of
Liberties Office, National Place may not be posted online or made Records
Building, 1331 Pennsylvania Ave. NW., available in the public docket. On September 19, 2016, the Federal
Suite 1000, Washington, DC 20530– Personally identifying information Bureau of Investigation (FBI), a
0001, facsimile 202–307–0693, or email and confidential business information component of the DOJ, published a new
at privacy@usdoj.gov. To ensure proper identified and located as set forth above Privacy Act System of Records Notice
handling, please reference the CPCLO will be redacted and the comment, in titled, ‘‘FBI Insider Threat Program
Order No. of this notice of proposed redacted form, will be posted online and Records (ITPR),’’ JUSTICE/FBI–023, at
rulemaking in your correspondence. placed in the Department’s public 81 FR 64198. The FBI also issued a
You may review an electronic version of docket file. Please note that the Freedom notice of proposed rulemaking, CPCLO
the proposed rule at http:// of Information Act applies to all No. 008–2016, at 81 FR 64092,
www.regulations.gov, and you may also comments received. If you wish to proposing to exempt JUSTICE/FBI–023
comment by using that Web site’s inspect the agency’s public docket file from certain provisions of the Privacy
comment form for this regulation. When in person by appointment, please see Act. To consolidate Privacy Act notices
submitting comments electronically, the FOR FURTHER INFORMATION CONTACT under one DOJ-wide system of records,
you must include the CPCLO Order No. section, below. the Department is rescinding JUSTICE/
in the subject box. FOR FURTHER INFORMATION CONTACT: FBI–023. In addition, the Department
Please note that the Department is Laurence Reed, DOJ Insider Threat hereby withdraws the proposed rule,
requesting that electronic comments be Program Manager, United States CPCLO No. 008–2016, published
submitted before midnight Eastern Department of Justice, Insider Threat September 19, 2016, at 81 FR 64092,
nlaroche on DSK30NT082PROD with PROPOSALS
Daylight Time on the day the comment Prevention and Detection Program, 145 and will not publish a final rule to
period closes because http:// N Street NE., Washington, DC 20002, exempt JUSTICE/FBI–023 from certain
www.regulations.gov terminates the 202–357–0165, itp@usdoj.gov. provisions of the Privacy Act. Instead,
public’s ability to submit comments at SUPPLEMENTARY INFORMATION: the Department has published a new
that time. Commenters in time zones Privacy Act System of Records Notice
other than Eastern Time may want to DOJ Insider Threat Program titled, ‘‘DOJ Insider Threat Program
consider this so that their electronic The November 21, 2012, Presidential Records,’’ JUSTICE/DOJ–018, and
comments are received. All comments Memorandum—National Insider Threat proposes to exempt this DOJ-wide
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system of records from certain any one year, the UMRA analysis is record subject to obtain valuable insight
provisions of the Privacy Act, as required. This proposed rule would not concerning the information obtained
described below. impose Federal mandates on any State, during any investigation and to take
local, or tribal government or the private measures to impede the investigation,
Regulatory Flexibility Act
sector. e.g., destroy evidence or flee the area to
This proposed rule relates to avoid the investigation.
individuals rather than small business List of Subjects in 28 CFR Part 16 (2) From subsection (c)(4) notification
entities. Pursuant to the requirements of Administrative practices and requirements because this system is
the Regulatory Flexibility Act of 1980, 5 procedures, Courts, Freedom of exempt from the access and amendment
U.S.C. 601–612, therefore, the proposed Information Act, Privacy Act. provisions of subsection (d) as well as
rule will not have a significant Pursuant to the authority vested in the the accounting of disclosures provision
economic impact on a substantial Attorney General by 5 U.S.C. 552a and of subsection (c)(3). The DOJ takes
number of small entities. delegated to me by Attorney General seriously its obligation to maintain
Order 2940–2008, 28 CFR part 16 is accurate records despite its assertion of
Small Entity Inquiries
proposed to be amended as follows: this exemption, and to the extent it, in
The Small Business Regulatory its sole discretion, agrees to permit
Enforcement Fairness Act (SBREFA) of PART 16—[AMENDED] amendment or correction of DOJ
1996, 5 U.S.C. 801 et seq., requires the records, it will share that information in
DOJ to comply with small entity ■ 1. The authority citation for part 16 appropriate cases.
requests for information and advice continues to read as follows: (3) From subsection (d)(1), (2), (3) and
about compliance with statutes and Authority: 5 U.S.C. 301, 552, 552a, 553; 28 (4), (e)(4)(G) and (H), (e)(8), (f) and (g)
regulations within DOJ jurisdiction. Any U.S.C. 509, 510, 534; 31 U.S.C. 3717. because these provisions concern
small entity that has a question individual access to and amendment of
regarding this document may contact Subpart E—Exemption of Records law enforcement, intelligence and
the person listed in the FOR FURTHER Systems Under the Privacy Act counterintelligence, and
INFORMATION CONTACT section, above. ■ 2. Add § 16.137 to subpart E to read counterterrorism records and
Persons can obtain further information as follows: compliance could alert the subject of an
regarding SBREFA on the Small authorized law enforcement or
Business Administration’s Web page at § 16.137 Exemption of the Department of intelligence activity about that
http://www.sba.gov/advo/archive/sum_ Justice Insider Threat Program Records, particular activity and the interest of the
sbrefa.html. JUSTICE/DOJ–018. DOJ and/or other law enforcement or
(a) The Department of Justice Insider intelligence agencies. Providing access
Paperwork Reduction Act Threat Program Records (JUSTICE/DOJ– could compromise information
The Paperwork Reduction Act of 018) system of records is exempted from classified to protect national security;
1995, 44 U.S.C. 3507(d), requires that subsections 5 U.S.C. 552a(c)(3) and (4); disclose information that would
DOJ consider the impact of paperwork (d)(1), (2), (3) and (4); (e)(1), (2) and (3); constitute an unwarranted invasion of
and other information collection (e)(4)(G), (H) and (I); (e)(5) and (8); (f) another’s personal privacy; reveal a
burdens imposed on the public. There and (g) of the Privacy Act. These sensitive investigative or intelligence
are no current or new information exemptions apply only to the extent that technique; provide information that
collection requirements associated with information in this system is subject to would allow a subject to avoid detection
this proposed rule. The records that are exemption pursuant to 5 U.S.C. 552a(j) or apprehension; or constitute a
contributed to this system may be or (k). Where DOJ determines potential danger to the health or safety
provided by individuals covered by this compliance would not appear to of law enforcement personnel,
system, the DOJ and United States interfere with or adversely affect the confidential sources, or witnesses.
Government components, other purpose of this system to detect, deter, (4) From subsection (e)(1) because it
domestic and foreign government and/or mitigate insider threats, the is not always possible to know in
entities, or purchased from private applicable exemption may be waived by advance what information is relevant
entities. Sharing of this information the DOJ in its sole discretion. and necessary for law enforcement and
electronically will not increase the (b) Exemptions from the particular intelligence purposes. The relevance
paperwork burden on the public. subsections are justified for the and utility of certain information that
following reasons: may have a nexus to insider threats may
Unfunded Mandates Reform Act of (1) From subsection (c)(3), the not always be fully evident until and
1995 requirement that an accounting be made unless it is vetted and matched with
Title II of the Unfunded Mandates available to the named subject of a other information necessarily and
Reform Act of 1995 (UMRA), Public record, because this system is exempt lawfully maintained by the DOJ.
Law 103–3, 109 Stat. 48, requires from the access provisions of subsection (5) From subsection (e)(2) and (3)
Federal agencies to assess the effects of (d). Also, because making available to a because application of these provisions
certain regulatory actions on State, record subject the accounting of could present a serious impediment to
local, and tribal governments, and the disclosures of records concerning him/ efforts to detect, deter and/or mitigate
private sector. UMRA requires a written her would specifically reveal any insider threats. Application of these
statement of economic and regulatory insider threat-related interest in the provisions would put the subject of an
nlaroche on DSK30NT082PROD with PROPOSALS
alternatives for proposed and final rules individual by the DOJ or agencies that investigation on notice of the
that contain Federal mandates. A are recipients of the disclosures. investigation and allow the subject an
‘‘Federal mandate’’ is a new or Revealing this information could opportunity to engage in conduct
additional enforceable duty, imposed on compromise ongoing, authorized law intended to impede the investigative
any State, local, or tribal government, or enforcement and intelligence efforts, activity or avoid apprehension.
the private sector. If any Federal particularly efforts to identify and/or (6) From subsection (e)(4)(I), to the
mandate causes those entities to spend, mitigate insider threats. Revealing this extent that this subsection is interpreted
in aggregate, $100 million or more in information could also permit the to require more detail regarding the
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record sources in this system than has negative declarations submitted by the SUPPLEMENTARY INFORMATION: In the
been published in the Federal Register. states of Colorado, Montana, North ‘‘Rules and Regulations’’ section of this
Should the subsection be so interpreted, Dakota, South Dakota, and Wyoming, Federal Register, the EPA is publishing
exemption from this provision is which certify that no small municipal a direct final rule without prior proposal
necessary to protect the sources of law waste combustor (MWC) units subject to to amend 40 CFR part 62 to reflect the
enforcement and intelligence sections 111(d) and 129 of the Clean Air States’ submittals of the negative
information and to protect the privacy Act (CAA) exist in those states. Second, declarations. The EPA views this as a
and safety of witnesses and informants EPA proposes to approve renewed noncontroversial action and anticipates
and others who provide information to negative declarations submitted by the no adverse comments. A detailed
the DOJ. Further, greater specificity of states of Colorado, Montana, North rationale for the action is set forth in the
sources of properly classified records Dakota, South Dakota, Utah, and preamble to the direct final rule. If the
could compromise national security. Wyoming, which certify that no large EPA receives no adverse comments,
(7) From subsection (e)(5) because in MWC units subject to CAA sections EPA contemplates no further action. If
the collection of information for 111(d) and 129 exist in those states. the EPA receives adverse comments,
authorized law enforcement and Third, EPA proposes to approve EPA will withdraw the direct final rule
intelligence purposes, including efforts renewed negative declarations and will address all public comments in
to detect, deter, and/or mitigate insider submitted by the states of Montana, a subsequent final rule based on this
threats, due to the nature of South Dakota, Utah, and Wyoming, proposed rule. The EPA will not
investigations and intelligence which certify that no commercial and institute a second comment period on
collection, the DOJ often collects industrial solid waste incineration this action. Any parties interested in
information that may not be (CISWI) units subject to CAA sections commenting must do so at this time.
immediately shown to be accurate, 111(d) and 129 exist in those states. Please note that if the EPA receives
relevant, timely, and complete, although Fourth, EPA proposes to approve adverse comment on an amendment,
the DOJ takes reasonable steps to collect negative declarations submitted by the paragraph, or section of this rule, and if
only the information necessary to states of Montana, North Dakota, South that provision may be severed from the
support its mission and investigations. Dakota, Utah, and Wyoming, which remainder of the rule, EPA may adopt
Additionally, the information may aid certify that no other solid waste as final those provisions of the rule that
in establishing patterns of activity and incineration (OSWI) units subject to are not the subject of an adverse
providing criminal or intelligence leads. CAA sections 111(d) and 129 exist in comment. For additional information,
It could impede investigative progress if those states. see the direct final rule of the same title
it were necessary to assure relevance, DATES: Written comments must be which is located in the ‘‘Rules and
accuracy, timeliness and completeness received on or before July 5, 2017. Regulations’’ section of this Federal
of all information obtained throughout ADDRESSES: Submit your comments, Register.
the course and within the scope of an identified by Docket ID No. EPA–R08– List of Subjects in 40 CFR Part 62
investigation. Further, some of the OAR–2017–0171 at http://
records in this system may come from www.regulations.gov. Follow the online Environmental protection,
other domestic or foreign government instructions for submitting comments. Administrative practice and procedure,
entities, or private entities, and it would Once submitted, comments cannot be Air pollution control, Commercial
not be administratively feasible for the edited or removed from Regulations.gov. industrial solid waste incineration,
DOJ to vouch for the compliance of The EPA may publish any comment Intergovernmental relations, Municipal
these agencies with this provision. received to its public docket. Do not solid waste combustion, Other solid
Dated: May 19, 2017. submit electronically any information waste incineration, Reporting and
you consider to be Confidential recordkeeping requirements.
Peter A. Winn,
Acting Chief Privacy and Civil Liberties
Business Information (CBI) or other Authority: 42 U.S.C. 7401 et seq.
Officer, United States Department of Justice. information whose disclosure is Dated: May 12, 2017.
[FR Doc. 2017–10788 Filed 6–2–17; 8:45 am]
restricted by statute. Multimedia
Suzanne J. Bohan,
submissions (audio, video, etc.) must be
BILLING CODE 4410–NW–P
accompanied by a written comment. Acting Regional Administrator, Region 8.
The written comment is considered the [FR Doc. 2017–11575 Filed 6–2–17; 8:45 am]
official comment and should include BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION discussion of all points you wish to
AGENCY make. The EPA will generally not
40 CFR Part 62 consider comments or comment DEPARTMENT OF TRANSPORTATION
contents located outside of the primary
[EPA–R08–OAR–2017–0171; FRL–9963–20– submission (i.e., on the web, cloud, or Federal Motor Carrier Safety
Region 8] other file sharing system). For Administration
additional submission methods, the full
Approval and Promulgation of State EPA public comment policy, 49 CFR Part 387
Plans for Designated Facilities and information about CBI or multimedia
Pollutants: Colorado, Montana, North submissions, and general guidance on [Docket No. FMCSA–2014–0211]
Dakota, South Dakota, Utah, and
nlaroche on DSK30NT082PROD with PROPOSALS
making effective comments, please visit
Wyoming; Negative Declarations http://www2.epa.gov/dockets/ RIN 2126–AB74
AGENCY: Environmental Protection commenting-epa-dockets.
Financial Responsibility for Motor
Agency. FOR FURTHER INFORMATION CONTACT:
Carriers, Freight Forwarders, and
ACTION: Proposed rule. Gregory Lohrke, Air Program, 1595 Brokers
Wynkoop Street, Denver, Colorado
SUMMARY: The Environmental Protection 80202–1129, (303) 312–6396, AGENCY:Federal Motor Carrier Safety
Agency (EPA) proposes to approve lohrke.gregory@epa.gov. Administration (FMCSA), DOT.
VerDate Sep<11>2014 13:57 Jun 02, 2017 Jkt 241001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\05JNP1.SGM 05JNP1](https://thefederalregister.org/doc/82_FR_25857/page/3.svg)
Document Created: 2018-11-14 10:00:45
Document Modified: 2018-11-14 10:00:45
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | As of June 5, 2017, the notice of proposed rulemaking published at 81 FR 64092 (Sept. 19, 2016), is withdrawn. Comments on this notice of proposed rulemaking must be received by July 5, 2017. | |
| Contact | Laurence Reed, DOJ Insider Threat Program Manager, United States Department of Justice, Insider Threat Prevention and Detection Program, 145 N Street NE., Washington, DC 20002, 202-357-0165, [email protected] | |
| FR Citation | 82 FR 25751 | |
| CFR Associated | Administrative Practices and Procedures; Courts; Freedom of Information Act and Privacy Act |
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