Privacy Act of 1974: Implementation, 16698-16700 [2010-7503]

Download as PDF 16698 Federal Register / Vol. 75, No. 63 / Friday, April 2, 2010 / Proposed Rules Airbus: Docket No. FAA–2010–0278; Directorate Identifier 2009–NM–255–AD. Comments Due Date (a) We must receive comments by May 17, 2010. Affected ADs (b) None. Applicability (c) This AD applies to Airbus Model A330– 223, –321, –322, and –323 airplanes; certificated in any category; all manufacturer serial numbers. Subject (d) Air Transport Association (ATA) of America Code 71: Powerplant. Reason (e) The mandatory continuing airworthiness information (MCAI) states: During accomplishment of Damage Tolerant—Airworthiness Limitation Item task 712106–01–01 from A330 ALS Part 2, an A330 operator found a Fluorescent Penetrant Inspection (FPI) indication in the head of the shank filet radius in one of the Pratt & Whitney (PW) forward (FWD) engine mount pylon bolts. Investigation has confirmed that this FPI indication was due to a quality manufacturing process issue which led to a bolt non-conformance and is also applicable to aft ward (AFT) mount pylon bolts. Dual-bolt fractures could lead to inability for mount assembly to sustain loads which may lead to an engine mount failure and consequently to engine separation from the aeroplane during flight, which would constitute an unsafe condition. This AD requires a one time detailed visual inspection of the FWD and AFT mount pylon bolts on all A330 aeroplanes fitted with PW engines (8 bolts per engine) and replacement of any affected bolt. wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1 Compliance (f) You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Actions (g) Do a detailed inspection to determine the part number, serial number, and lot number of the forward and aft mount pylon bolts on both engines, in accordance with the Accomplishment Instructions of Airbus Mandatory Service Bulletin A330–71–3020, dated June 10, 2009. Inspect at the later of the times specified in paragraphs (g)(1) and (g)(2) of this AD. (1) Before the accumulation of 8,000 total flight cycles or 24,000 total flight hours, whichever occurs first. (2) Within 24 months after the effective date of this AD. (h) If the identified part number, serial number, or lot number corresponds to a suspect bolt number identified in Pratt & Whitney Service Bulletin PW4G–100–71–35, dated March 14, 2008, before further flight remove the affected bolt and replace with a serviceable bolt, in accordance with the Accomplishment Instructions of Airbus VerDate Nov<24>2008 14:33 Apr 01, 2010 Jkt 220001 Mandatory Service Bulletin A330–71–3020, dated June 10, 2009. (i) If the bolt part number, serial number, or lot number is unreadable, before further flight remove the affected bolt and replace with a serviceable bolt, in accordance with the Accomplishment Instructions of Airbus Mandatory Service Bulletin A330–71–3020, dated June 10, 2009. (j) As of the effective date of this AD, no person may install any forward or aft mount pylon bolt on any airplane, unless this bolt has been identified as a non-suspect bolt, in accordance with the Accomplishment Instructions of Airbus Mandatory Service Bulletin A330–71–3020, dated June 10, 2009. (k) Although Airbus Mandatory Service Bulletin A330–71–3020, dated June 10, 2009, specifies to submit certain information to the manufacturer, this AD does not include that requirement. FAA AD Differences Note 1: This AD differs from the MCAI and/or service information as follows: Although the MCAI or service information tells you to submit information to the manufacturer, paragraph (k) of this AD specifies that such submittal is not required. Other FAA AD Provisions (l) The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–1138; fax (425) 227–1149. Before using any approved AMOC on any airplane to which the AMOC applies, notify your principal maintenance inspector (PMI) or principal avionics inspector (PAI), as appropriate, or lacking a principal inspector, your local Flight Standards District Office. The AMOC approval letter must specifically reference this AD. (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service. Related Information (m) Refer to MCAI European Aviation Safety Agency (EASA) Airworthiness Directive 2009–0240, dated November 5, 2009; and Airbus Mandatory Service Bulletin A330–71–3020, dated June 10, 2009; for related information. PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 Issued in Renton, Washington, on March 25, 2010. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2010–7460 Filed 4–1–10; 8:45 am] BILLING CODE 4910–13–P OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE 32 CFR Part 1701 Privacy Act of 1974: Implementation AGENCY: Office of the Director of National Intelligence. ACTION: Proposed rulemaking. SUMMARY: The Office of the Director of National Intelligence (ODNI) proposes to exempt fourteen (14) new systems of records from subsections (c)(3); (d)(1), (2), (3), (4); (e)(1) and (e)(4)(G), (H), (I); and (f) of the Privacy Act, pursuant to 5 U.S.C. 552a(k). DATES: Submit comments on or before May 12, 2010. ADDRESSES: You may submit comments by any of the following methods: Federal eRulemaking Portal: http:// www.regulations.gov. Mail: Director, Information Management, Office of the Director of National Intelligence, Washington DC, 20511. FOR FURTHER INFORMATION CONTACT: Mr. John F. Hackett, Director, Information Management, (703) 275–2215. SUPPLEMENTARY INFORMATION: In compliance with the Privacy Act, 5 U.S.C. 552a(e)(4), the ODNI describes in the notice section of today’s Federal Register the following fourteen (14) new systems of records: Manuscript, Presentation and Resume Review Records; Executive Secretary Action Management System Records; Public Affairs Office Records; Office of Legislative Affairs Records; ODNI Guest Speaker Records; Office of General Counsel Records; Analytic Resources Catalog; Intelligence Community Customer Registry; EEO and Diversity Office Records; Office of Protocol Records; IC Security Clearance and Access Approval Repository; Security Clearance Reform Research Records; Civil Liberties and Privacy Office Complaint Records, and National Intelligence Council Consultation Records. The ODNI has previously established a rule that it will preserve the exempt status of records it receives when the reason for the exemption remains valid (73 FR 166531, March 28, 2008). E:\FR\FM\02APP1.SGM 02APP1 Federal Register / Vol. 75, No. 63 / Friday, April 2, 2010 / Proposed Rules Regulatory Flexibility Act This proposed rule affects the manner in which ODNI collects and maintains information about individuals. ODNI certifies that this rulemaking will not have a significant economic impact on a substantial number of small entities. Accordingly, pursuant to the Regulatory Flexibility Act, 5 U.S.C. 601–612, no regulatory flexibility analysis is required for this rule. Small Entity Inquiries The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996 requires the ODNI to comply with small entity requests for information and advice about compliance with statutes and regulations within the ODNI jurisdiction. Any small entity that has a question regarding this document may address it to the information contact listed above. Further information regarding SBREFA is available on the Small Business Administration’s Web page at http:// www.sga.gov/advo/law/law_lib.html. wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1 Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires that the ODNI consider the impact of paperwork and other burdens imposed on the public associated with the collection of information. There are no information collection requirements associated with this proposed rule and therefore no analysis of burden is required. Executive Order 12866, Regulatory Planning and Review This proposed rule is not a ‘‘significant regulatory action’’ within the meaning of Executive Order 12866. This rule will not have an annual effect on the economy of $100 million or more or otherwise adversely affect the economy or sector of the economy in a material way; will not create inconsistency with or interfere with other agency action; will not materially alter the budgetary impact of entitlements, grants, fees or loans or the right and obligations of recipients thereof; or raise legal or policy issues arising out of legal mandates, the President’s priorities or the principles set forth in the Executive Order. Accordingly, further regulatory evaluation is not required. Unfunded Mandates Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104–4, 109 Stat. 48 (Mar. 22, 1995), requires Federal agencies to assess the effects of certain regulatory actions on State, local, and tribal governments, and the private sector. This proposed rule VerDate Nov<24>2008 14:33 Apr 01, 2010 Jkt 220001 imposes no Federal mandate on any State, local, or tribal government or on the private sector. Accordingly, no UMRA analysis of economic and regulatory alternatives is required. Executive Order 13132, Federalism Executive Order 13132 requires ODNI to examine the implications for the distribution of power and responsibilities among the various levels of government resulting from this proposed rule. ODNI concludes that the proposed rule does not affect the rights, roles and responsibilities of the States, involves no preemption of State law and does not limit State policymaking discretion. This rule has no federalism implications as defined by the Executive Order. Environmental Impact The ODNI has reviewed this action for purposes of the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321–4347, and has determined that this action will not have a significant effect on the human environment. Energy Impact The energy impact of this action has been assessed in accordance with the Energy Policy and Conservation Act (EPCA), Public Law 94–163, as amended, 42 U.S.C. 6362. This rulemaking is not a major regulatory action under the provisions of the EPCA. List of Subjects in 32 CFR Part 1701 Records and Privacy Act. For the reasons set forth above, ODNI proposes to amend 32 CFR part 1701 as follows: 1. The authority citation for part 1710 continues to read as follows: Authority: 50 U.S.C. 401–442; 5 U.S.C. 552a. Subpart B—[Amended] 2. Add § 1701.24 to subpart B to read as follows: § 1701.24 Exemption of Office of the Director of National Intelligence (ODNI) systems of records. (a) The ODNI exempts the following systems of records from the requirements of subsections (c)(3); (d)(1), (2), (3) and (4); (e)(1); (e)(4)(G), (H), (I); and (f) of the Privacy Act to the extent that information in the system is subject to exemption pursuant subsections (k)(1), (k)(2) or (k)(5) of the Act as noted in the individual systems notices: (1) Manuscript, Presentation and Resume Review Records (ODNI–01) PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 16699 (2) Executive Secretary Action Management System Records (ODNI–02) (3) Public Affairs Office Records (ODNI–03) (4) Office of Legislative Affairs Records (ODNI–04) (5) ODNI Guest Speaker Records (ODNI–05) (6) Office of General Counsel Records (ODNI–06) (7) Analytic Resources Catalog (ODNI–07) (8) Intelligence Community Customer Registry (ODNI–09) (9) EEO and Diversity Office Records (ODNI–10) (10) Office of Protocol Records (ODNI–11) (11) IC Security Clearance and Access Approval Repository (ODNI–12) (12) Security Clearance Reform Research Records (ODNI–13) (13) Civil Liberties and Privacy Office Complaint Records (ODNI–14) (14) National Intelligence Council Records (ODNI–15) (b) Exemption of records in theses systems from any or all of the enumerated requirements may be necessary for the following reasons: (1) From subsection (c)(3) (accounting of disclosures) because an accounting of disclosures from records concerning the record subject would specifically reveal an intelligence or investigative interest on the part of the ODNI or recipient agency and could result in release of properly classified national security or foreign policy information. (2) From subsections (d)(1), (2), (3) and (4) (record subject’s right to access and amend records) because affording access and amendment rights could alert the record subject to the investigative interest of intelligence or law enforcement agencies or compromise sensitive information classified in the interest of national security. In the absence of a national security basis for exemption, records in this system may be exempted from access and amendment to the extent necessary to honor promises of confidentiality to persons providing information concerning a candidate for position. Inability to maintain such confidentiality would restrict the free flow of information vital to a determination of a candidate’s qualifications and suitability. (3) From subsection (e)(1) (maintain only relevant and necessary records) because it is not always possible to establish relevance and necessity before all information is considered and evaluated in relation to an intelligence concern. In the absence of a national security basis for exemption under subsection (k)(1), records in this system E:\FR\FM\02APP1.SGM 02APP1 wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1 16700 Federal Register / Vol. 75, No. 63 / Friday, April 2, 2010 / Proposed Rules may be exempted from the relevance requirement pursuant to subsection (k)(5) because it is not possible to determine in advance what exact information may assist in determining the qualifications and suitability of a candidate for position. Seemingly irrelevant details, when combined with other data, can provide a useful composite for determining whether a candidate should be appointed. (4) From subsections (e)(4)(G) and (H) (publication of procedures for notifying subjects of the existence of records about them and how they may access records and contest contents) because the system is exempted from subsection (d) provisions regarding access and amendment, and from the subsection (f) requirement to promulgate agency rules. Nevertheless, the ODNI has published notice concerning notification, access, and contest procedures because it may in certain circumstances determine it appropriate to provide subjects access to all or a portion of the records about them in a system of records. (5) From subsection (e)(4)(I) (identifying sources of records in the system of records) because identifying sources could result in disclosure of properly classified national defense or foreign policy information, intelligence sources and methods, and investigatory techniques and procedures. Notwithstanding its proposed exemption from this requirement, ODNI identifies record sources in broad categories sufficient to provide general notice of the origins of the information it maintains in its systems of records. (6) From subsection (f) (agency rules for notifying subjects to the existence of records about them, for accessing and amending records, and for assessing fees) because the system is exempt from subsection (d) provisions regarding access and amendment of records by record subjects. Nevertheless, the ODNI has published agency rules concerning notification of a subject in response to his request if any system of records named by the subject contains a record pertaining to him and procedures by which the subject may access or amend the records. Notwithstanding exemption, the ODNI may determine it appropriate to satisfy a record subject’s access request. Dated: March 23, 2010. John F. Kimmons, Lieutenant General, USA, Director of the Intelligence Staff. [FR Doc. 2010–7503 Filed 4–1–10; 8:45 am] BILLING CODE P VerDate Nov<24>2008 14:33 Apr 01, 2010 Jkt 220001 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG–2009–0395] SUPPLEMENTARY INFORMATION: RIN 1625–AA08 Special Local Regulation, Swim Across the Sound, Long Island Sound, Port Jefferson, NY to Captain’s Cove Seaport, Bridgeport, CT Coast Guard, DHS. Supplemental notice of proposed rulemaking. AGENCY: ACTION: SUMMARY: This document supplements the Coast Guard’s July 21, 2009 proposal to establish a permanent Special Local Regulation on the navigable waters of Long Island Sound between Port Jefferson, NY and Captain’s Cove Seaport, Bridgeport, CT due to the annual Swim Across the Sound event. The proposed amendment is necessary to provide for the safety of life by protecting swimmers and their safety craft from the hazards imposed by marine traffic. This supplemental notice of proposed rulemaking describes an amendment to the list of potential dates and clarifies the limitations placed on marine traffic. DATES: Comments and related material must be received by the Coast Guard on or before May 3, 2010. ADDRESSES: You may submit comments identified by docket number USCG– 2009–0395 using any one of the following methods: (1) Federal eRulemaking Portal: http://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590– 0001. (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202–366–9329. To avoid duplication, please use only one of these four methods. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed rule, call or e-mail: Chief Petty Officer Christie Dixon, Prevention Department, PO 00000 Frm 00025 Fmt 4702 USCG Sector Long Island Sound at 203– 468–4459, e-mail christie.m.dixon@uscg.mil. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. Sfmt 4702 Public Participation and Request for Comments We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted without change to http:// www.regulations.gov and will include any personal information you have provided. Submitting Comments If you submit a comment, please include the docket number for this rulemaking (USCG–2009–0395), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online (via http:// www.regulations.gov) or by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online via http:// www.regulations.gov, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a mailing address, an e-mail address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission. To submit your comment online, go to http://www.regulations.gov, select the Advanced Docket Search option on the right side of the screen, insert ‘‘USCG– 2009–0395’’ in the Docket ID box, press Enter, and then click on the balloon shape in the Actions column. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8c by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change the rule based on your comments. E:\FR\FM\02APP1.SGM 02APP1

Agencies

[Federal Register Volume 75, Number 63 (Friday, April 2, 2010)]
[Proposed Rules]
[Pages 16698-16700]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7503]


=======================================================================
-----------------------------------------------------------------------

OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE

32 CFR Part 1701


Privacy Act of 1974: Implementation

AGENCY: Office of the Director of National Intelligence.

ACTION: Proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Office of the Director of National Intelligence (ODNI) 
proposes to exempt fourteen (14) new systems of records from 
subsections (c)(3); (d)(1), (2), (3), (4); (e)(1) and (e)(4)(G), (H), 
(I); and (f) of the Privacy Act, pursuant to 5 U.S.C. 552a(k).

DATES: Submit comments on or before May 12, 2010.

ADDRESSES: You may submit comments by any of the following methods: 
Federal eRulemaking Portal: http://www.regulations.gov.
    Mail: Director, Information Management, Office of the Director of 
National Intelligence, Washington DC, 20511.

FOR FURTHER INFORMATION CONTACT: Mr. John F. Hackett, Director, 
Information Management, (703) 275-2215.

SUPPLEMENTARY INFORMATION: In compliance with the Privacy Act, 5 U.S.C. 
552a(e)(4), the ODNI describes in the notice section of today's Federal 
Register the following fourteen (14) new systems of records: 
Manuscript, Presentation and Resume Review Records; Executive Secretary 
Action Management System Records; Public Affairs Office Records; Office 
of Legislative Affairs Records; ODNI Guest Speaker Records; Office of 
General Counsel Records; Analytic Resources Catalog; Intelligence 
Community Customer Registry; EEO and Diversity Office Records; Office 
of Protocol Records; IC Security Clearance and Access Approval 
Repository; Security Clearance Reform Research Records; Civil Liberties 
and Privacy Office Complaint Records, and National Intelligence Council 
Consultation Records. The ODNI has previously established a rule that 
it will preserve the exempt status of records it receives when the 
reason for the exemption remains valid (73 FR 166531, March 28, 2008).

[[Page 16699]]

Regulatory Flexibility Act

    This proposed rule affects the manner in which ODNI collects and 
maintains information about individuals. ODNI certifies that this 
rulemaking will not have a significant economic impact on a substantial 
number of small entities. Accordingly, pursuant to the Regulatory 
Flexibility Act, 5 U.S.C. 601-612, no regulatory flexibility analysis 
is required for this rule.

Small Entity Inquiries

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires the ODNI to comply with small entity requests for 
information and advice about compliance with statutes and regulations 
within the ODNI jurisdiction. Any small entity that has a question 
regarding this document may address it to the information contact 
listed above. Further information regarding SBREFA is available on the 
Small Business Administration's Web page at http://www.sga.gov/advo/law/law_lib.html.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that the ODNI consider the impact of paperwork and other burdens 
imposed on the public associated with the collection of information. 
There are no information collection requirements associated with this 
proposed rule and therefore no analysis of burden is required.

Executive Order 12866, Regulatory Planning and Review

    This proposed rule is not a ``significant regulatory action'' 
within the meaning of Executive Order 12866. This rule will not have an 
annual effect on the economy of $100 million or more or otherwise 
adversely affect the economy or sector of the economy in a material 
way; will not create inconsistency with or interfere with other agency 
action; will not materially alter the budgetary impact of entitlements, 
grants, fees or loans or the right and obligations of recipients 
thereof; or raise legal or policy issues arising out of legal mandates, 
the President's priorities or the principles set forth in the Executive 
Order. Accordingly, further regulatory evaluation is not required.

Unfunded Mandates

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, 109 Stat. 48 (Mar. 22, 1995), requires Federal agencies to 
assess the effects of certain regulatory actions on State, local, and 
tribal governments, and the private sector. This proposed rule imposes 
no Federal mandate on any State, local, or tribal government or on the 
private sector. Accordingly, no UMRA analysis of economic and 
regulatory alternatives is required.

Executive Order 13132, Federalism

    Executive Order 13132 requires ODNI to examine the implications for 
the distribution of power and responsibilities among the various levels 
of government resulting from this proposed rule. ODNI concludes that 
the proposed rule does not affect the rights, roles and 
responsibilities of the States, involves no preemption of State law and 
does not limit State policymaking discretion. This rule has no 
federalism implications as defined by the Executive Order.

Environmental Impact

    The ODNI has reviewed this action for purposes of the National 
Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321-4347, and has 
determined that this action will not have a significant effect on the 
human environment.

Energy Impact

    The energy impact of this action has been assessed in accordance 
with the Energy Policy and Conservation Act (EPCA), Public Law 94-163, 
as amended, 42 U.S.C. 6362. This rulemaking is not a major regulatory 
action under the provisions of the EPCA.

List of Subjects in 32 CFR Part 1701

    Records and Privacy Act.

    For the reasons set forth above, ODNI proposes to amend 32 CFR part 
1701 as follows:
    1. The authority citation for part 1710 continues to read as 
follows:

    Authority: 50 U.S.C. 401-442; 5 U.S.C. 552a.

Subpart B--[Amended]

    2. Add Sec.  1701.24 to subpart B to read as follows:


Sec.  1701.24  Exemption of Office of the Director of National 
Intelligence (ODNI) systems of records.

    (a) The ODNI exempts the following systems of records from the 
requirements of subsections (c)(3); (d)(1), (2), (3) and (4); (e)(1); 
(e)(4)(G), (H), (I); and (f) of the Privacy Act to the extent that 
information in the system is subject to exemption pursuant subsections 
(k)(1), (k)(2) or (k)(5) of the Act as noted in the individual systems 
notices:
    (1) Manuscript, Presentation and Resume Review Records (ODNI-01)
    (2) Executive Secretary Action Management System Records (ODNI-02)
    (3) Public Affairs Office Records (ODNI-03)
    (4) Office of Legislative Affairs Records (ODNI-04)
    (5) ODNI Guest Speaker Records (ODNI-05)
    (6) Office of General Counsel Records (ODNI-06)
    (7) Analytic Resources Catalog (ODNI-07)
    (8) Intelligence Community Customer Registry (ODNI-09)
    (9) EEO and Diversity Office Records (ODNI-10)
    (10) Office of Protocol Records (ODNI-11)
    (11) IC Security Clearance and Access Approval Repository (ODNI-12)
    (12) Security Clearance Reform Research Records (ODNI-13)
    (13) Civil Liberties and Privacy Office Complaint Records (ODNI-14)
    (14) National Intelligence Council Records (ODNI-15)
    (b) Exemption of records in theses systems from any or all of the 
enumerated requirements may be necessary for the following reasons:
    (1) From subsection (c)(3) (accounting of disclosures) because an 
accounting of disclosures from records concerning the record subject 
would specifically reveal an intelligence or investigative interest on 
the part of the ODNI or recipient agency and could result in release of 
properly classified national security or foreign policy information.
    (2) From subsections (d)(1), (2), (3) and (4) (record subject's 
right to access and amend records) because affording access and 
amendment rights could alert the record subject to the investigative 
interest of intelligence or law enforcement agencies or compromise 
sensitive information classified in the interest of national security. 
In the absence of a national security basis for exemption, records in 
this system may be exempted from access and amendment to the extent 
necessary to honor promises of confidentiality to persons providing 
information concerning a candidate for position. Inability to maintain 
such confidentiality would restrict the free flow of information vital 
to a determination of a candidate's qualifications and suitability.
    (3) From subsection (e)(1) (maintain only relevant and necessary 
records) because it is not always possible to establish relevance and 
necessity before all information is considered and evaluated in 
relation to an intelligence concern. In the absence of a national 
security basis for exemption under subsection (k)(1), records in this 
system

[[Page 16700]]

may be exempted from the relevance requirement pursuant to subsection 
(k)(5) because it is not possible to determine in advance what exact 
information may assist in determining the qualifications and 
suitability of a candidate for position. Seemingly irrelevant details, 
when combined with other data, can provide a useful composite for 
determining whether a candidate should be appointed.
    (4) From subsections (e)(4)(G) and (H) (publication of procedures 
for notifying subjects of the existence of records about them and how 
they may access records and contest contents) because the system is 
exempted from subsection (d) provisions regarding access and amendment, 
and from the subsection (f) requirement to promulgate agency rules. 
Nevertheless, the ODNI has published notice concerning notification, 
access, and contest procedures because it may in certain circumstances 
determine it appropriate to provide subjects access to all or a portion 
of the records about them in a system of records.
    (5) From subsection (e)(4)(I) (identifying sources of records in 
the system of records) because identifying sources could result in 
disclosure of properly classified national defense or foreign policy 
information, intelligence sources and methods, and investigatory 
techniques and procedures. Notwithstanding its proposed exemption from 
this requirement, ODNI identifies record sources in broad categories 
sufficient to provide general notice of the origins of the information 
it maintains in its systems of records.
    (6) From subsection (f) (agency rules for notifying subjects to the 
existence of records about them, for accessing and amending records, 
and for assessing fees) because the system is exempt from subsection 
(d) provisions regarding access and amendment of records by record 
subjects. Nevertheless, the ODNI has published agency rules concerning 
notification of a subject in response to his request if any system of 
records named by the subject contains a record pertaining to him and 
procedures by which the subject may access or amend the records. 
Notwithstanding exemption, the ODNI may determine it appropriate to 
satisfy a record subject's access request.

    Dated: March 23, 2010.
 John F. Kimmons,
Lieutenant General, USA, Director of the Intelligence Staff.
[FR Doc. 2010-7503 Filed 4-1-10; 8:45 am]
BILLING CODE P