[Federal Register Volume 80, Number 214 (Thursday, November 5, 2015)]
[Rules and Regulations]
[Pages 68442-68444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28063]


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DEPARTMENT OF COMMERCE

Office of the Secretary

15 CFR Part 4

[Docket No. 150324296-5964-03]
RIN 0605-AA38


Public Information, Freedom of Information Act and Privacy Act 
Regulations

AGENCY: Department of Commerce.

ACTION: Final rule.

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SUMMARY: This rule amends the Department of Commerce's (Department) 
Privacy Act regulations under the Privacy Act. The revisions add a new 
Privacy Act System of Records, entitled ``COMMERCE/DEPT-25, Access 
Control and Identity Management System,'' to the General and Specific 
exemptions sections of the Department's Privacy Act regulations. The 
Privacy Act requires agencies to identify records exempted from a 
provision of the General and/or Specific exemptions sections of the 
Act. This document helps the Department comply with this requirement.

DATES: These amendments are effective December 7, 2015.

FOR FURTHER INFORMATION CONTACT: Michael J. Toland, Department Freedom 
of Information and Privacy Act Officer, Office of Privacy and Open 
Government, 1401 Constitution Ave.NW., Room 52010, Washington, DC 
20230.

SUPPLEMENTARY INFORMATION:

Background Information

    On May 8, 2015, the Department of Commerce published a proposed 
rule revising its existing regulations at 15 CFR part 4 under the FOIA 
and Privacy Act, 5 U.S.C. 552a. See 80 FR 26499. This rule proposed 
revisions to the Department's regulations under the Privacy Act. In 
particular, the action would amend the Department's Privacy Act 
regulations regarding applicable exemptions to reflect new Department 
wide systems of records notices published since the last time the 
regulations were updated. The revisions of the Privacy Act regulations 
in subpart B of part 4 incorporate changes to the language of the 
regulations in the following provisions: Sec.  4.33 (General 
exemptions); and Sec.  4.34 (Specific exemptions).
    Interested persons were afforded the opportunity to participate in 
the rulemaking process through submission of written comments to the 
proposed rule during the 30-day open comment period. On June 29, 2015, 
the

[[Page 68443]]

Department reopened the comment period for an additional 30 days 
because not all interested parties may have been given appropriate 
notification about this proposed new system of records, as well as time 
to respond with comments prior to the closing date of the original 
public comment period of June 8, 2015. See 80 FR 36397.

Public Comments

    The Department received one public submission in response to the 
proposed rulemaking, which was similar or identical in some cases to 
the ones submitted by the commenter for the new Privacy Act System of 
Records: ``COMMERCE/DEPT-25, Access Control and Identity Management 
System.'' In particular, the commenter suggested that the ``proposed 
changes [to this rule] are expressly intended to exempt the 
Department's proposed new system of records entitled `COMMERCE/
DEPARTMENT-25, Access Control and Identity Management System,' set 
forth in 80 FR 26534, published May 8, 2015, from most provisions of 
the Privacy Act.'' The commenter also indicated that the Department 
provided insufficient business justification for this system of 
records. The commenter further submitted the view that the routine uses 
listed in this notice may result in matching programs as described in 5 
U.S.C. 552a(a)(8), adding that if the Department engages in any 
matching program, it must follow matching program requirements outlined 
in 5 U.S.C. 552a(o).
    The Department would like to thank the commenter for submitting 
comments in response to the proposed rulemaking. While due 
consideration has been given to the comments received, since they were 
similar or identical to those received for the proposed Privacy Act 
System of Records notice entitled: ``COMMERCE/DEPT-25, Access Control 
and Identity Management System,'' and the comments did not address any 
substantive changes to this proposed rule, the Department will not 
address the comments in this notice. Instead, responses to the 
commenter's comments can be found under the Public Comments and 
Responses section of the final notice for COMMERCE/DEPT-25.
    With this action, the Department's Privacy Act regulations are 
revised regarding applicable exemptions to reflect new Department wide 
systems of records notices published since the last time the 
regulations were updated. Specifially, the revisions of the Privacy Act 
regulations in subpart B of part 4 incorporate changes to the language 
of the regulations in the following provisions: Sec.  4.33 (General 
exemptions); and Sec.  4.34 (Specific exemptions).

Classification

    It has been determined that this notice is not significant for 
purposes of E.O. 12866. Regulatory Flexibility Act: The Chief Counsel 
for Regulation for the Department of Commerce has certified to the 
Chief Counsel for Advocacy of the Small Business Administration that 
this rule will not have a significant economic impact on a substantial 
number of small entities. This final rule amends the Department's 
Privacy Act regulations regarding applicable exemptions to reflect new 
Department wide systems of records notices published since the last 
time the regulations were updated. These amendments are administrative 
in nature and will not impose a financial impact on anyone, does not 
change the way any acts or the way anyone is treated. Further, the 
applicable exemptions apply to information collected to establish 
identity, accountability, and audit control of electronic or other 
digital certificates of assigned personnel who require access to 
Department of Commerce electronic and physical assets. The information 
collected is provided on a voluntary basis, with no cost incurred by 
individuals. Because notice and opportunity for comment are not 
required pursuant to 5 U.S.C. 553 or any other law, the analytical 
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 
are inapplicable. Therefore, a regulatory flexibility analysis is not 
required and has not been prepared.
    Paperwork Reduction Act: This document does not contain a 
collection-ofinformation requirement subject to the Paperwork Reduction 
Act (PRA). Notwithstanding any other provision of law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with a collection of information subject to the 
Paperwork Reduction Act unless that collection displays a currently 
valid OMB Control Number.

List of Subjects in 15 CFR Part 4

    Freedom of information, Privacy.

    Dated: October 29, 2015.
Catrina D. Purvis,
Department of Commerce, Chief Privacy Officer and Director for Open 
Government.

    For reasons stated in the preamble, the Department of Commerce 
amends 15 CFR part 4 as follows:

PART 4--DISCLOSURE OF GOVERNMENT INFORMATION

0
1. The authority citation for part 4 continues to read as follows:

    Authority: 5 U.S.C. 301; 5 U.S.C. 552; 5 U.S.C. 553; 31 U.S.C. 
3717; 41 U.S.C. 3101; Reorganization Plan No. 5 of 1950.


0
 2. Amend Sec.  4.33 by adding paragraph (b)(4) to read as follows:


Sec.  4.33  General exemptions.

* * * * *
    (b) * * *
    (4) Access Control and Identity Management System--COMMERCE/DEPT-
25. Pursuant to 5 U.S.C. 552a(j)(2), these records are hereby 
determined to be exempt from all provisions of the Act, except 5 U.S.C. 
552a(b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), 
and (11), and (i). These exemptions are necessary to ensure the proper 
functioning of the law enforcement activity, to protect confidential 
sources of information, to fulfill promises of confidentiality, to 
maintain the integrity of the law enforcement process, to avoid 
premature disclosure of the knowledge of criminal activity and the 
evidentiary bases of possible enforcement actions, to prevent 
interference with law enforcement proceedings, to avoid disclosure of 
investigative techniques, and to avoid endangering law enforcement 
personnel.

0
 3. Amend Sec.  4.34 by revising paragraphs (a)(1), (b) introductory 
text, (b)(1), (b)(2)(i) introductory text, (b)(2)(i)(C), (b)(2)(i)(F), 
and (b)(4)(i) to read as follows:


Sec.  4.34  Specific exemptions.

    (a)(1) Certain systems of records under the Act that are maintained 
by the Department may occasionally contain material subject to 5 U.S.C. 
552a(k)(1), relating to national defense and foreign policy materials. 
The systems of records published in the Federal Register by the 
Department that are within this exemption are: COMMERCE/BIS-1, 
COMMERCE/ITA-2, COMMERCE/ITA-3, COMMERCE/NOAA-11, COMMERCE-PAT-TM-4, 
COMMERCE/DEPT-12, COMMERCE/DEPT-13, COMMERCE/DEPT-14, and COMMERCE/
DEPT-25.
* * * * *
    (b) The specific exemptions determined to be necessary and proper 
with respect to systems of records maintained by the Department, 
including the parts of each system to be exempted, the provisions of 
the Act from which they are exempted, and the justification for the 
exemption, are as follows:

[[Page 68444]]

    (1) Exempt under 5 U.S.C. 552a(k)(1). The systems of records exempt 
hereunder appear in paragraph (a) of this section. The claims for 
exemption of COMMERCE/DEPT-12, COMMERCE/BIS-1, COMMERCE/NOAA-5, and 
COMMERCE/DEPT-25 under this paragraph are subject to the condition that 
the general exemption claimed in Sec.  4.33(b) is held to be invalid.
    (2)(i) Exempt under 5 U.S.C. 552a(k)(2). The systems of records 
exempt (some only conditionally), the sections of the Act from which 
exempted, and the reasons therefor are as follows:
* * * * *
    (C) Fisheries Law Enforcement Case Files--COMMERCE/NOAA-5, but only 
on condition that the general exemption claimed in Sec.  4.33(b)(2) is 
held to be invalid;
* * * * *
    (F) Access Control and Identity Management System--COMMERCE/DEPT-
25, but only on condition that the general exemption claimed in Sec.  
4.33(b)(4) is held to be invalid;
* * * * *
    (4)(i) Exempt under 5 U.S.C. 552a(k)(5). The systems of records 
exempt (some only conditionally), the sections of the Act from which 
exempted, and the reasons therefor are as follows:
    (A) Applications to U.S. Merchant Marine Academy (USMMA)--COMMERCE/
MA-1;
    (B) USMMA Midshipman Medical Files--COMMERCE/MA-17;
    (C) USMMA Midshipman Personnel Files--COMMERCE/MA-18;
    (D) USMMA Non-Appropriated Fund Employees--COMMERCE/MA-19;
    (E) Applicants for the NOAA Corps--COMMERCE/NOAA-1;
    (F) Commissioned Officer Official Personnel Folders--COMMERCE/NOAA-
3;
    (G) Conflict of Interest Records, Appointed Officials--COMMERCE/
DEPT-3;
    (H) Investigative and Inspection Records--COMMERCE/DEPT-12, but 
only on condition that the general exemption claimed in Sec.  
4.33(b)(3) is held to be invalid;
    (I) Investigative Records--Persons within the Investigative 
Jurisdiction of the Department COMMERCE/DEPT-13;
    (J) Litigation, Claims, and Administrative Proceeding Records--
COMMERCE/DEPT-14; and
    (K) Access Control and Identity Management System--COMMERCE/DEPT-
25, but only on condition that the general exemption claimed in Sec.  
4.33(b)(4) is held to be invalid.
* * * * *
[FR Doc. 2015-28063 Filed 11-3-15; 11:15 am]
 BILLING CODE 3510-BX-P