[Federal Register Volume 86, Number 170 (Tuesday, September 7, 2021)]
[Rules and Regulations]
[Pages 49920-49922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19315]


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DEPARTMENT OF COMMERCE

15 CFR Part 4

[Docket No. 210901-0175]
RIN 0605-AA46


Privacy Act of 1974; System of Records

AGENCY: U.S. Department of Commerce, Office of the Secretary.

ACTION: Final rule.

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SUMMARY: This final rule amends the Department of Commerce's 
(Department) regulations under the Privacy Act. The Privacy Act 
regulations are being updated to make technical changes to include a 
System of Records Notice, COMMERCE/DEPT-27, to the Department's 
regulations concerning Privacy Act general and specific exemptions.

DATES: This rule is effective September 7, 2021.

ADDRESSES: Departmental Privacy Act Officer, Office of Privacy and Open 
Government, Department of Commerce, 1401 Constitution Ave. NW, Mail 
Stop 61025, Washington, DC 20230.

FOR FURTHER INFORMATION CONTACT: Tahira Murphy, Departmental Privacy 
Act Officer, (202) 410-8075, Office of Privacy and Open Government, 
Department of Commerce, 1401 Constitution Ave. NW, Mail Stop 61025, 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    This rule updates the Department of Commerce's (Department) 
regulations under the Privacy Act (5 U.S.C. 552a). In particular, the 
action 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. The 
updates of the Privacy Act regulations in Title 15 of the Code of 
Federal Regulations, 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).

[[Page 49921]]

Comments on the Proposed Rule

    The Office of the Secretary received three comments on the proposed 
rule (82 FR 56, January 3, 2017) that were within the scope of this 
rulemaking from members of the public. The comments on the proposed 
rule can be viewed and downloaded at the following link: https://www.regulations.gov/document/DOC-2017-0003-0001/comment. No changes 
have been made to the regulatory text of the proposed rule in response 
to these three comments. The following are the comments and our 
corresponding responses.
    Comment 1: There should be no exemptions to the Freedom of 
Information Act (FOIA). It is in the best interest of the public to 
access Commerce information.
    Response: This rulemaking has nothing to do with FOIA. The Privacy 
Act prohibits the disclosure of a record about an individual from a 
system of records absent the written consent of the individual unless 
the disclosure is pursuant to one of twelve statutory exceptions. 
However, the Privacy Act does provide individuals with a means by which 
to seek access to and amendment of their records and sets forth various 
agency record-keeping requirements.
    Comment 2: Please include provision for each department that: Upon 
receipt of any request directed to one department falling in the 
purview of the other, that department's FOIA designee shall immediately 
re-direct and/or forward the request to the appropriate department AND 
advise sender of the action taken and to whom follow-up requests may be 
made; AND if the request is within 72 hours prior to any deadline which 
may apply to the request received, a seven-day extension shall 
automatically be granted for the original submission forwarded to the 
proper department.
    Response: All FOIA requests are to be directed to [email protected] and 
will be distributed to the proper organization or individual for a 
response.
    Comment 3: I was redirected to this website from an article who's 
title included the phrase ``A simple guide.'' Looking around I can see 
that this site and the information therein is anything but. I'm 
concerned with this administrations concerted effort at obfuscating and 
misdirecting from their continued efforts to take power away from the 
people and into the hands of the government and its corporate 
lobbyists. Naturally the Freedom of Information Act is of the utmost 
importance to the ability of the American people to discern a number of 
things concerning to them especially regarding the actions of our 
government and its corporate interests. So you can imagine that I find 
it disturbing when even this proposed rule is veiled in language the 
average American cannot understand. Please consider simplifying the 
language of proposed legislation so that the American People may 
adequately understand and comment on it.
    Response: This revision does not prevent individuals from 
requesting information through a FOIA request. This rule revises 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. Any questions regarding 
clarification should be addressed to the Department Privacy Act 
Officer.

Changes Between the Proposed Rule and Final Rule

    This final rule makes no changes to the regulatory text of the 
proposed rule.

Classification

    This final rule has been determined to be not significant for 
purposes of review under Executive Order 12866. In accordance with the 
Regulatory Flexibility Act (5 U.S.C. 605(b)), the Chief Counsel for 
Regulation has reviewed this rule and certified that this regulation, 
if implemented, will not have a significant economic impact on a 
substantial number of small entities. This rule is procedural in 
nature, and, therefore, will not affect requesters. 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

    Appeals, Freedom of Information Act, Information, Privacy, Privacy 
Act.

Jennifer Goode,
Deputy Director and Acting Director of Office of Privacy and Open 
Government, and Departmental Privacy Officer.

    For the 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. 552a; 5 U.S.C. 
553; 31 U.S.C. 3717; 44 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.

* * * * *
    (b) * * *
    (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)(l) 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:
0
a. Revising paragraphs (a)(1), (b)(1), and paragraph (b)(2)(i) 
introductory text;
0
b. Adding paragraph (b)(2)(i)(G); and
0
c. Revising paragraph (b)(4)(i).
    The addition and revisions 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) Exempt under 5 U.S.C. 552a(k)(2). The systems of records

[[Page 49922]]

exempt (some only conditionally), the sections of the Act from which 
exempted, and the reasons therefor are as follows:
* * * * *
    (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;
* * * * *
    (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-I;
    (F) Commissioned Officer Official Personnel Folders--COMMERCE/NOAA-
3;
    (G) Conflict of lnterest 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.
* * * * *
[FR Doc. 2021-19315 Filed 9-3-21; 8:45 am]
 BILLING CODE 3510-17-P