Privacy Act of 1974: Implementation, 43629-43631 [2011-18187]
Download as PDF
<![CDATA[
Federal Register / Vol. 76, No. 140 / Thursday, July 21, 2011 / Proposed Rules
comets, planets, dwarf planets, and
planetary moons), which would likely
receive a Restricted Earth Return
categorization (as defined in Appendix
A) from the NASA Planetary Protection
Office or the NASA Planetary Protection
Subcommittee.
(4) Substantial modification of a
NASA facility’s master plan in a manner
expected to result in significant effect(s)
on the quality of the human
environment.
(5) Substantial construction projects
expected to result in significant effect(s)
on the quality of the human
environment, when such construction
and its effects are not within the scope
of an existing master plan and EIS.
§ 1216.307 Programmatic EAs, and EISs,
and tiering.
NASA encourages the analysis of
actions at the programmatic level for
those programs similar in nature or
broad in scope. Programmatic NEPA
analyses may take place in the form of
an EA or EIS. These documents allow
‘‘tiering’’ of NEPA documentation for
subsequent or specific actions.
§ 1216.308
Supplemental EAs and EISs.
As detailed in CEQ regulations,
supplemental documentation may be
required for previous EAs or EISs (see
40 CFR 1502.9). If changed
circumstances require preparation of a
supplemental EA or EIS, such document
will be prepared following the same
general process as the original EA or
EIS. No new scoping is required for a
supplemental EIS; however, NASA may
choose to conduct scoping.
§ 1216.309
Mitigation and monitoring.
wreier-aviles on DSKDVH8Z91PROD with PROPOSALS
When the analysis proceeds to an EA
or EIS and mitigation measures are
selected to avoid or reduce
environmental impacts, such mitigation
measures will be identified in the EA/
FONSI or the EIS Record of Decision
(ROD). NASA will implement
mitigation measures (including adaptive
management strategies, where
appropriate) consistent with applicable
FONSIs and/or RODs and will monitor
their implementation and effectiveness.
The Responsible Official will ensure
that funding requests for such
mitigation measures are included in the
program or project budget.
§ 1216.310
Classified actions.
(a) Classification does not relieve
NASA of the requirement to assess,
document, and consider the
environmental impacts of a proposed
action.
(b) When classified information can
reasonably be separated from other
information and a meaningful
VerDate Mar<15>2010
14:58 Jul 20, 2011
Jkt 223001
environmental analysis can be
produced, unclassified documents will
be prepared and processed in
accordance with these regulations.
Classified portions will be kept separate
and provided to properly cleared
reviewers and decision makers in the
form of a properly classified document
that meets the requirements of these
regulations to the extent permitted,
given such classification.
§ 1216.311
Emergency responses.
(a) When the Responsible Official
determines that an emergency exists
that makes it necessary to take urgently
needed actions before preparing a NEPA
analysis and any required
documentation, in accordance with the
provisions in sections 305 and 307 of
this subpart, then the following
provisions apply:
(1) The Responsible Official may take
urgently needed actions that are
necessary to control the immediate
impacts of the emergency needed to
mitigate harm to life, property, or
resources. When taking such actions,
the Responsible Official shall, to the
extent practical, mitigate foreseeable
adverse environmental impacts.
(2) At the earliest practicable time, the
Responsible Official shall also notify the
SEO of the emergency situation and the
action(s) taken. The SEO will determine
the appropriate NEPA action associated
with the urgent actions taken as a result
of the emergency. If the urgent actions
will reasonably result in significant
environmental impacts, the SEO will
consult with the CEQ to ensure
compliance with 40 CFR 1506.11 as
soon as is reasonable.
(b) If the Responsible Official
proposes emergency actions which
continue beyond the urgent actions
taken as a result of the emergency, and
these actions are not categorically
excluded, the Responsible Official will
consult with the SEO to determine the
appropriate level of NEPA compliance.
If continuation of the emergency actions
will reasonably result in significant
environmental impacts, the SEO will
consult with the CEQ to ensure
compliance with 40 CFR 1506.11 as
soon as is reasonable.
43629
GSA General Services Administration
NEPA National Environmental Policy Act
NHPA National Historic Preservation Act
SEO Senior Environmental Official
OGC Office of the General Counsel
PPO Planetary Protection Office
ROD Record of Decision
U.S.C. United States Code
Definitions
1. A2 Mission Multiple—The A2 Mission
Multiple is a calculated value based on the
total amount of radioactive material being
launched. This value is used in defining the
level of review and approval required for
launch.
2. Earth Return Mission (also known as a
Sample Return)—A subcategory of missions
that would collect extraterrestrial materials
from solar system bodies and return them to
Earth.
3. NASA Senior Environmental Official—
The Senior NASA Headquarters Official
responsible for providing executive and
functional leadership for environmental
compliance. As of January 1, 2011, the SEO
is the Assistant Administrator for Strategic
Infrastructure.
4. Restricted Earth Return—A subcategory
of Earth Return Missions which requires
additional measures to ensure that any
potential indigenous life form would be
contained so that it could not impact humans
or Earth’s environment.
5. Space Flight Projects/Programs—Those
NASA actions that develop products
intended for use in space and/or that support
ground and space operations for products in
space.
6. Unrestricted Earth Return—NASA
Procedural Requirements define this as a
subcategory of Earth Return Missions that
would collect extraterrestrial materials from
solar system bodies (deemed by scientific
opinion to have no indigenous life forms)
and return those samples to Earth. No
planetary protection measures are required
for the inbound (return to Earth) phase of the
mission.
Dated: July 14, 2011.
Charles F. Bolden, Jr.,
Administrator, National Aeronautics and
Space Administration.
[FR Doc. 2011–18279 Filed 7–20–11; 8:45 am]
BILLING CODE P
OFFICE OF THE DIRECTOR OF
NATIONAL INTELLIGENCE
32 CFR Part 1701
Appendix A to Subpart 1216.3
Privacy Act of 1974: Implementation
Acronyms and Definitions
CatEx Categorical Exclusion
CEQ
Council on Environmental Quality
CFR Code of Federal Regulations
CWA Clean Water Act
CZMA Coastal Zone Management Act
DoI (U.S.) Department of the Interior
EA Environmental Assessment
EIS Environmental Impact Statement
FONSI Finding of No Significant Impact
FR Federal Register
AGENCY:
PO 00000
Frm 00024
Fmt 4702
Sfmt 4702
Office of the Director of
National Intelligence.
ACTION: Proposed rule.
The Office of the Director of
National Intelligence (ODNI) proposes
to exempt six new systems of records
from certain provisions of the Privacy
Act. In addition, the ODNI proposes to
invoke a subsection of the Privacy Act
SUMMARY:
E:\FR\FM\21JYP1.SGM
21JYP1
43630
Federal Register / Vol. 76, No. 140 / Thursday, July 21, 2011 / Proposed Rules
as an additional basis for exempting
records in ODNI/OIG–003 (Office of
Inspector General Investigation and
Interview Records, published in the
Federal Register on Dec. 28, 2007) from
these provisions of the Act.
DATES: Submit comments on or before
August 30, 2011.
ADDRESSES: You may submit comments
by any of the following methods:
Federal eRulemaking Portal: https://
www.regulations.gov.
Mail: Director, Information
Management Office, Office of the
Director of National Intelligence,
Washington, DC 20511.
FOR FURTHER INFORMATION CONTACT: Mr.
John F. Hackett, Director, Information
Management Office, (703) 275–2215.
SUPPLEMENTARY INFORMATION: As
required by the Privacy Act, 5 U.S.C.
552a(e)(4), the ODNI describes in the
notice section of today’s Federal
Register the following new systems of
records: Human Resources Records;
Personnel Security Records; Freedom of
Information Act, Privacy Act and
Mandatory Declassification Review
Request Records; IT Systems Activity
and Access Records, Security Clearance
Reciprocity Hotline Records; and IT
Network Support, Administration and
Analysis Records. For the reasons stated
herein, ODNI seeks the ability in
administering these records to invoke
the exemptions permitted by subsection
(k) of the Privacy Act as may be
necessary to protect records of
intelligence or investigative interest.
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.
See 32 CFR Part 1701.20(a)(2) at 73 FR
166531 (March 28, 2008).
wreier-aviles on DSKDVH8Z91PROD with PROPOSALS
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
VerDate Mar<15>2010
14:58 Jul 20, 2011
Jkt 223001
contact listed above. Further
information regarding SBREFA is
available on the Small Business
Administration’s Web page at https://
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
rights 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.
PO 00000
Frm 00025
Fmt 4702
Sfmt 4702
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:
PART 1701—ADMINISTRATION OF
RECORDS UNDER THE PRIVACY ACT
OF 1974
1. The authority citation for part 1701
continues to read as follows:
Authority: 50 U.S.C. 401–441; 5 U.S.C.
552a.
Subpart B—[Amended]
2. Amend § 1701.24 by revising
paragraph (a) introductory text, and
adding paragraphs (a)(15) through
(a)(20), and (b)(7) through (b)(12), to
read as follows:
§ 1701.24 Exemption of Office of the
Director of National Intelligence (ODNI)
systems of records.
(a) The ODNI may invoke its authority
to exempt 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 new systems notices and in
the existing system notice entitled
Office of Inspector General Investigation
and Interview Records (ODNI/OIG–003),
published at 72 FR 37902 (December 28,
2007).
*
*
*
*
*
(15) Human Resources Records
(ODNI–16).
(16) Personnel Security Records
(ODNI–17).
(17) Freedom of Information Act,
Privacy Act and Mandatory
Declassification Review Requests
Records (ODNI–18).
(18) IT Systems Activity and Access
Records (ODNI–19).
E:\FR\FM\21JYP1.SGM
21JYP1
wreier-aviles on DSKDVH8Z91PROD with PROPOSALS
Federal Register / Vol. 76, No. 140 / Thursday, July 21, 2011 / Proposed Rules
(19) Security Clearance Reciprocity
Hotline Records (ODNI–20).
(20) IT Network Support,
Administration and Analysis Records
(ODNI–21) .
(b) * * *
(7) 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.
(8) 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.
(9) 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
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.
(10) 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
VerDate Mar<15>2010
14:58 Jul 20, 2011
Jkt 223001
certain circumstances determine it
appropriate to provide subjects access to
all or a portion of the records about
them in a system of records.
(11) 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.
(12) 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: July 14, 2011.
Mark W. Ewing,
Chief Management Officer.
[FR Doc. 2011–18187 Filed 7–20–11; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 1
[Docket No. PTO–P–2011–0030]
RIN 0651–AC58
Revision of the Materiality to
Patentability Standard for the Duty To
Disclose Information in Patent
Applications
United States Patent and
Trademark Office, Commerce.
ACTION: Notice of proposed rulemaking.
AGENCY:
The United States Patent and
Trademark Office (Office or PTO) is
proposing to revise the standard for
materiality for the duty to disclose
information in patent applications and
reexamination proceedings in light of
the decision by the U.S. Court of
SUMMARY:
PO 00000
Frm 00026
Fmt 4702
Sfmt 4702
43631
Appeals for the Federal Circuit (Federal
Circuit or Court) in Therasense, Inc. v.
Becton, Dickinson & Co. Specifically,
the Office is proposing to revise the
materiality standard for the duty to
disclose to match the materiality
standard, as defined in Therasense, for
the inequitable conduct doctrine. While
Therasense does not require the Office
to harmonize the materiality standards
underlying the duty of disclosure and
the inequitable conduct doctrine, the
Office believes that there are important
reasons to do so. The materiality
standard set forth in Therasense should
reduce the frequency with which
applicants and practitioners are being
charged with inequitable conduct,
consequently reducing the incentive to
submit information disclosure
statements containing marginally
relevant information and enabling
applicants to be more forthcoming and
helpful to the Office. At the same time,
it should also continue to prevent fraud
on the Office and other egregious forms
of misconduct. Additionally,
harmonization of the materiality
standards is simpler for the patent
system as a whole.
DATES: The Office solicits comments
from the public on this proposed rule
change. Written comments must be
received on or before September 19,
2011 to ensure consideration. No public
hearing will be held.
ADDRESSES: Comments concerning this
notice should be sent by electronic mail
message over the Internet addressed to
AC58.comments@uspto.gov. Comments
may also be submitted by mail
addressed to: Mail Stop CommentsPatents, Commissioner for Patents, P.O.
Box 1450, Alexandria, VA 22313–1450,
marked to the attention of Hiram H.
Bernstein, Senior Legal Advisor, Office
of Patent Legal Administration, Office of
the Associate Commissioner for Patent
Examination Policy. Although
comments may be submitted by mail,
the Office prefers to receive comments
via the Internet.
Comments may also be sent by
electronic mail message over the
Internet via the Federal eRulemaking
Portal. See the Federal eRulemaking
Portal Web site (https://
www.regulations.gov) for additional
instructions on providing comments via
the Federal eRulemaking Portal. The
comments will be available for public
inspection at the Office of the
Commissioner for Patents, located in
Madison East, Tenth Floor, 600 Dulany
Street, Alexandria, Virginia, and will be
available via the Internet (https://
www.uspto.gov). Because comments will
be made available for public inspection,
E:\FR\FM\21JYP1.SGM
21JYP1
]]>Agencies
[Federal Register Volume 76, Number 140 (Thursday, July 21, 2011)]
[Proposed Rules]
[Pages 43629-43631]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18187]
=======================================================================
-----------------------------------------------------------------------
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 rule.
-----------------------------------------------------------------------
SUMMARY: The Office of the Director of National Intelligence (ODNI)
proposes to exempt six new systems of records from certain provisions
of the Privacy Act. In addition, the ODNI proposes to invoke a
subsection of the Privacy Act
[[Page 43630]]
as an additional basis for exempting records in ODNI/OIG-003 (Office of
Inspector General Investigation and Interview Records, published in the
Federal Register on Dec. 28, 2007) from these provisions of the Act.
DATES: Submit comments on or before August 30, 2011.
ADDRESSES: You may submit comments by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Mail: Director, Information Management Office, Office of the
Director of National Intelligence, Washington, DC 20511.
FOR FURTHER INFORMATION CONTACT: Mr. John F. Hackett, Director,
Information Management Office, (703) 275-2215.
SUPPLEMENTARY INFORMATION: As required by the Privacy Act, 5 U.S.C.
552a(e)(4), the ODNI describes in the notice section of today's Federal
Register the following new systems of records: Human Resources Records;
Personnel Security Records; Freedom of Information Act, Privacy Act and
Mandatory Declassification Review Request Records; IT Systems Activity
and Access Records, Security Clearance Reciprocity Hotline Records; and
IT Network Support, Administration and Analysis Records. For the
reasons stated herein, ODNI seeks the ability in administering these
records to invoke the exemptions permitted by subsection (k) of the
Privacy Act as may be necessary to protect records of intelligence or
investigative interest. 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. See 32 CFR Part 1701.20(a)(2)
at 73 FR 166531 (March 28, 2008).
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 https://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 rights 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:
PART 1701--ADMINISTRATION OF RECORDS UNDER THE PRIVACY ACT OF 1974
1. The authority citation for part 1701 continues to read as
follows:
Authority: 50 U.S.C. 401-441; 5 U.S.C. 552a.
Subpart B--[Amended]
2. Amend Sec. 1701.24 by revising paragraph (a) introductory text,
and adding paragraphs (a)(15) through (a)(20), and (b)(7) through
(b)(12), to read as follows:
Sec. 1701.24 Exemption of Office of the Director of National
Intelligence (ODNI) systems of records.
(a) The ODNI may invoke its authority to exempt 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 new systems notices and in the existing system
notice entitled Office of Inspector General Investigation and Interview
Records (ODNI/OIG-003), published at 72 FR 37902 (December 28, 2007).
* * * * *
(15) Human Resources Records (ODNI-16).
(16) Personnel Security Records (ODNI-17).
(17) Freedom of Information Act, Privacy Act and Mandatory
Declassification Review Requests Records (ODNI-18).
(18) IT Systems Activity and Access Records (ODNI-19).
[[Page 43631]]
(19) Security Clearance Reciprocity Hotline Records (ODNI-20).
(20) IT Network Support, Administration and Analysis Records (ODNI-
21) .
(b) * * *
(7) 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.
(8) 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.
(9) 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 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.
(10) 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.
(11) 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.
(12) 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: July 14, 2011.
Mark W. Ewing,
Chief Management Officer.
[FR Doc. 2011-18187 Filed 7-20-11; 8:45 am]
BILLING CODE P
