[Federal Register Volume 76, Number 224 (Monday, November 21, 2011)]
[Proposed Rules]
[Pages 71930-71931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29556]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 10

[Docket No. OST-1996-1437]
RIN 2105-AD11


Maintenance of and Access to Records Pertaining to Individuals; 
Proposed Exemption

AGENCY: Department of Transportation (DOT), Office of the Secretary.

ACTION: Notice of proposed rulemaking.

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SUMMARY: DOT proposes to exempt portions of a newly established system 
of records titled, ``Department of Transportation/ALL 24 Departmental 
Office of Civil Rights System'' from certain provision of the Privacy 
Act. Specifically, the DOT exempts portions of the ``Department of 
Transportation/ALL-24 Departmental Office of Civil Rights System'' from 
one or more provisions of the Privacy Act because of criminal, civil 
and administrative enforcement requirements. Public comment is invited.

DATE: Comments are due December 21, 2011.

ADDRESSES: You may file comments identified by the docket number DOT-
OST-1996-1437 by any of the following methods:
     Federal Rulemaking Portal: go to http://www.regulations.gov and follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Ave., SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Ave., SE., between 9 a.m. and 5 p.m. ET, 
Monday through Friday, except Federal Holidays.
     Fax: (202) 493-2251.
    Instructions: You must include the agency name and docket number 
DOT-OST-1996-1437 or the Regulatory Identification Number (RIN) for the 
rulemaking at the beginning of your comment. All comments received will 
be posted without change to http://www.regulations.gov, including any 
personal information provided.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received in any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.) You may review DOT's 
complete Privacy Act statement in the Federal Register published on 
April 11, 2000 (65 FR 19477-78), or you may visit http://DocketsInfo.dot.gov.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov or to the street 
address listed above. Follow the online instructions for accessing the 
docket.

FOR FURTHER INFORMATION CONTACT: Claire Barrett, Departmental Chief 
Privacy Officer, Office of the Chief Information Officer, U.S. 
Department of Transportation, 1200 New Jersey Avenue SE., Washington, 
DC 20590 or [email protected] or (202) 366-8135.

SUPPLEMENTARY INFORMATION: It is DOT practice to identify a Privacy Act 
system of records that is exempt from one or more provisions of the 
Privacy Act (pursuant to 5 U.S.C. 552a(j) or (k)) both in the system 
notice published in the Federal Register for public comment and in an 
Appendix to DOT's regulations implementing the Privacy Act (49 CFR Part 
10, Appendix A). This amendment proposes exemption from certain 
portions of the Privacy Act of a proposed record system--the 
Departmental Office of Civil Rights System of Records (DOCRS)--to be 
used to track correspondence, inquiries, complaints, and appeals filed 
by individuals, small businesses, or representatives of individuals or 
small businesses who believe they have been subjected to discrimination 
or retaliation prohibited by Federal law by a DOT employee, or by a DOT

[[Page 71931]]

Federally-assisted, or Federally-conducted program or activity.
    To aid in the law enforcement aspects of DOCRS, DOT proposes to 
treat it as it treats other law enforcement systems, by exempting it 
from the following provisions of the Privacy Act: (c)(3) (Accounting of 
Certain Disclosures), (d) (Access to Records), (e)(4)(G), (H), and (I) 
(Agency Requirements), and (f) (Agency Rules) to the extent that DOCRS 
contains investigatory material compiled for law enforcement purposes, 
in accordance with 5 U.S.C. 552a(k)(2).

Regulatory Analysis and Notices

A. Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures

    This proposal is not a ``significant regulatory action'' within the 
meaning of Executive Order 12886. It is also not significant within the 
definition in DOT's Regulatory Policies and Procedures, 49 FR 11034 
(1979), in part because it does not involve any change in important 
Departmental policies. Because the economic impact should be minimal, 
further regulatory evaluation is not necessary. Moreover, I certify 
that this proposal would not have a significant economic impact on a 
substantial number of small entities, because the reporting 
requirements, themselves, are not changed and because it applies only 
to information on individuals that is maintained by the Federal 
Government.
    This proposal would not significantly affect the environment, and 
therefore an environmental impact statement is not required under the 
National Environmental Policy Act of 1969. It has also been reviewed 
under Executive Order 12612, Federalism, and it has been determined 
that it does not have sufficient implications for federalism to warrant 
preparation of a Federalism Assessment.

 B. Executive Order 13084

    This notice has been analyzed in accordance with the principles and 
criteria contained in Executive Order 13084 (``Consultation and 
Coordination with Indian Tribal Governments''). Because it has no 
effect on Indian Tribal Governments, the funding and consultation 
requirements of Executive Order 13084 do not apply.

 C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an 
agency to review regulations to assess their impact on small entities 
unless the agency determines that a rule is not expected to have a 
significant economic impact on a substantial number of small entities. 
I hereby certify that the rule proposed in this notice of proposed 
rulemaking will not have a significant economic impact on a substantial 
number of small entities.

D. Paperwork Reduction Act

    This rule imposes no new information reporting or recordkeeping 
necessitating clearance by the Office of Management and Budget.

E. Unfunded Mandates Reform Act

    The Department has determined that the requirements of Title II of 
the Unfunded Mandates Reform Act of 1995 do not apply to this notice.

List of Subjects in 49 CFR Part 10

    Authority delegations (Government agencies); Organization and 
functions (Government agencies); Transportation Department.

    In consideration of the foregoing, DOT proposes to amend part 10 of 
Title 49, Code of Federal Regulations, as follows:

PART 10--[AMENDED]

    1. The authority citation for part 10 would continue to read as 
follows:

    Authority:  5 U.S.C. 552a; 49 U.S.C. 322.

    2. The Appendix to Part 1--Exemptions would be amended by inserting 
in of Part II.A. a new paragraph 8, immediately following paragraph (7) 
to read as follows:

Appendix A--Exemptions

    Part II. Specific exemptions. A. The following systems of 
records are exempt from subsection (c)(3) (Accounting of Certain 
Disclosures), (d) (Access to Records), (e)(4)(G), (H), and (I) 
(Agency Requirements), and (f) (Agency Rules) of 5 U.S.C. 552a, to 
the extent that they contain investigatory material compiled for law 
enforcement purposes, in accordance 5 U.S.C. 552a(k)(2):
* * * * *
    8. Departmental Office of Civil Rights System (DOCRS).
* * * * *

    Issued in Washington, DC, on November 9, 2011.
Claire Barrett,
Departmental Chief Privacy Officer.

[FR Doc. 2011-29556 Filed 11-18-11; 8:45 am]
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