[Federal Register Volume 82, Number 1 (Tuesday, January 3, 2017)]
[Proposed Rules]
[Pages 56-59]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31314]


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DEPARTMENT OF COMMERCE

Office of the Secretary

15 CFR Part 4

[Docket No. 161103999-6999-01]
RIN 0605-AA46


Public Information, Freedom of Information Act and Privacy Act 
Regulations

AGENCY: Department of Commerce.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This rule proposes revisions to the Department of Commerce's 
(Department) regulations under the Privacy Act. The Department has 
issued a notice of its intent to establish a new system of records 
entitled ``COMMERCE/DEPARTMENT-27, Investigation and Threat Management 
Records,'' which includes system exemptions from certain provisions of 
the Privacy Act. The Privacy Act regulations are being updated to make 
technical changes to the applicable exemptions as a result of the new 
system of records, COMMERCE/DEPARTMENT-27. The Privacy Act regulations 
are also being updated to reflect organization changes affecting the 
Department's officials authorized to deny requests for records under 
the Freedom of Information Act, and

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requests for records and for correction or amendment under the Privacy 
Act.

DATES: To be considered, written comments must be submitted on or 
before February 2, 2017. If no comments are received, the rule will 
become effective as proposed on the date of publication of a subsequent 
notice in the Federal Register.

ADDRESSES: You may submit comments, identified by Regulatory 
Information Number (RIN) 0605-AA46, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: (202) 482-0827. Include the RIN 0605-AA46 in the 
subject line.
     Mail: Dr. Michael J. Toland, Deputy Chief Freedom of 
Information Act Officer and Department Privacy Act Officer, Office of 
Privacy and Open Government, 1401 Constitution Ave. NW., Room 52010, 
Washington, DC 20230.
    Instructions: All submissions received must include the agency name 
and docket number or RIN for this rulemaking. All comments received 
will be posted without change to regulations.gov, including any 
personal information provided. For detailed instructions on submitting 
comments and additional information on the rulemaking process, see the 
``Public Participation'' heading of the SUPPLEMENTARY INFORMATION 
section of this document.

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

SUPPLEMENTARY INFORMATION: This rule proposes revisions to the 
Department's regulations under the Privacy Act. In particular, the 
action will amend the Department's Privacy Act regulations regarding 
applicable exemptions to reflect a new Department wide systems of 
records notice published since the last time the regulations were 
updated. The Department has issued a notice of its intent to establish 
a new system of records entitled ``COMMERCE/DEPARTMENT-27, 
Investigation and Threat Management Records,'' which includes system 
exemptions from certain provisions of the Privacy Act. 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). 
Specifically, pursuant to 5 U.S.C. 552a(j)(2), all information about an 
individual in the record which meets the criteria stated in 5 U.S.C. 
552a(j)(2) are exempted from the notice, access and contest 
requirements of the agency regulations and from all parts of 5 U.S.C. 
552a except subsections (b), (c)(1) and (2), (e)(4)(A) through (F), 
(e)(6), (7), (9), (10), and (11), and (i). Pursuant to 5 U.S.C. 
552a(k)(1), (k)(2) and (k)(5) on condition that the 5 U.S.C. 552a(j)(2) 
exemption is held to be invalid, all investigatory material in the 
record which meets the criteria stated in 5 U.S.C. 552a(k)(1), (k)(2) 
and (k)(5) are exempted from the notice, access, and contest 
requirements (under 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), 
and (I), and (f)) of the agency regulations because of the necessity to 
exempt this information and material in order to accomplish the law 
enforcement function of the agency, to prevent disclosure of classified 
information as required by Executive Order 13526, to assure the 
protection of the President, to prevent subjects of investigation from 
frustrating the investigatory process, to prevent the disclosure of 
investigative techniques, to fulfill commitments made to protect the 
confidentiality of information, and to avoid endangering these sources 
and law enforcement personnel.
    Additionally, the revisions of the Privacy Act regulations in 
subpart B of part 4 incorporate changes to the language of the 
regulations in Appendix B (Officials Authorized To Deny Requests for 
Records Under the Freedom of Information Act, and Requests for Records 
and Requests for Correction or Amendment Under the Privacy Act). 
Specifically, this proposed action removes the reference to the 
``Office of Administrative Services: Director,'' and replaces it with 
the ``Office of Facilities and Environmental Quality: Director; Deputy 
Director,'' under the Assistant Secretary for Administration (ASA). The 
Department's ASA realigned the functions formerly under the ``Office of 
Administrative Services'' to existing administrative functions and 
aligned facility-related programs and operations under the ``Office of 
Facilities and Environmental Quality.'' The proposed actions better 
allocated responsibilities, aligned similar functions, improved 
internal controls and streamline reporting relationships. This proposed 
amendment updates the rules to implement that change. See Department 
Administrative Order 20-1, sections 1 and 4. This proposed action adds 
as a denying official the Deputy Chief FOIA Officer under the Office of 
Privacy and Open Government (OPOG). Previously, the Director of OPOG 
served as the Deputy Chief FOIA Officer, but now this position serves 
as the Department's Chief FOIA Officer. This action also removes the 
reference to the ``Bureau of Economic Analysis: Director,'' and 
replaces it with the ``Bureau of Economic Analysis: Freedom of 
Information Act Officer'' under the Economics and Statistics 
Administration (ESA). Previously, the ESA FOIA Officer administered the 
FOIA program for the Bureau of Economic Analysis (BEA). This proposed 
action merely separates the administration of the BEA FOIA program from 
the ESA program, as well as designates a BEA FOIA Officer and aligns 
the BEA FOIA program with other FOIA programs in the Department.
    Public Participation: Comments sent by any other method, to any 
other address or individual, or received after the end of the comment 
period, may not be considered by the Department. 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, you must 
include the phrase ``PERSONAL IDENTIFYING INFORMATION'' in the first 
paragraph of your comment. You must also locate all the personal 
identifying information you do not want posted online 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, 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 the comment may not be posted 
on http://www.regulations.gov. Personal identifying information and 
confidential business information identified and located as set forth 
above will be placed in the agency's public docket file, but not posted 
online. If you wish to inspect the agency's public docket file in 
person by appointment, please see the FOR FURTHER INFORMATION CONTACT 
paragraph.

Classification

Regulatory Flexibility Act

    The Chief Counsel for Regulation for the Department of Commerce has 
certified to the Chief Counsel for

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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 or regulatory impact on anyone, 
including small entities. 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.

Executive Order 12866

    It has been determined that this notice is not significant for 
purposes of E.O. 12866.

Paperwork Reduction Act

    This regulation does not contain a ``collection of information'' as 
defined by the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

List of Subjects in 15 CFR Part 4

    Freedom of information, Privacy.

Michael J. Toland,
Department of Commerce, Deputy Chief FOIA Officer, Department Privacy 
Act Officer.

    For the reasons stated in the preamble, the Department of Commerce 
proposes to amend 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)(5) to read as follows:


Sec.  4.33  General exemptions.

* * * * *
    (5) Investigation and Threat Management Records--COMMERCE/DEPT-27. 
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 of the agency, to prevent 
disclosure of classified information as required by Executive Order 
13526, to assure the protection of the President, to prevent subjects 
of investigation from frustrating the investigatory process, to prevent 
the disclosure of investigative techniques, to fulfill commitments made 
to protect the confidentiality of information, and to avoid endangering 
these sources and law enforcement personnel.
0
3. Amend Sec.  4.34 by revising paragraph (a)(1), (b)(1), and 
(b)(4)(i); and by adding (b)(2)(i)(G) 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, COMMERCE/DEPT-25, 
and COMMERCE/DEPT-27.
* * * * *
    (b)(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, 
COMMERCE/DEPT-25, and COMMERCE/DEPT-27 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) * * *
    (G) Investigation and Threat Management Records--COMMERCE/DEPT-27, 
but only on condition that the general exemption claimed in Sec.  
4.33(b)(4) is held to be invalid;
* * * * *
    (b)(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;
    (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; and
    (L) Investigation and Threat Management Records--COMMERCE/DEPT-27, 
but only on condition that the general exemption claimed in Sec.  
4.33(b)(4) is held to be invalid.
* * * * *
0
 4. Amend Appendix B to Part 4 by revising the entries for ``ASSISTANT 
SECRETARY FOR ADMNISTRATION'' and ``ECONOMICS AND STATISTICS 
ADMINISTRATION'' to read as follows:

Appendix B to Part 4--Officials Authorized To Deny Requests for Records 
Under the Freedom of Information Act, and Requests for Records and 
Requests for Correction or Amendment Under the Privacy Act

* * * * *

Assistant Secretary for Administration

Office of Civil Rights: Director
Office of Budget: Director
Office of Privacy and Open Government: Director; Deputy Chief FOIA 
Officer; Departmental Freedom of Information Officer
Office of Program Evaluation and Risk Management: Director
Office of Financial Management: Director
Office of Human Resources Management: Director; Deputy Director
Office of Facilities and Environmental Quality: Director; Deputy 
Director
Office of Security: Director
Office of Acquisition Management: Director
Office of Acquisition Services: Director
Office of Small and Disadvantaged Business Utilization: Director
* * * * *

Economics and Statistics Administration

Office of Administration: Director
Bureau of Economic Analysis: Freedom of Information Act Officer

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Bureau of the Census: Freedom of Information Act Officer
* * * * *
[FR Doc. 2016-31314 Filed 12-30-16; 8:45 am]
 BILLING CODE 3510-BX-P