Privacy Act Systems of Records, 63427-63428 [2015-24398]

Download as PDF Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Rules and Regulations September 15, 2015, is amended as follows: The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current, is non-controversial and unlikely to result in adverse or negative comments. It, therefore: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a Regulatory Evaluation as the anticipated impact is so minimal. Since this is a routine matter that only affects air traffic procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. Environmental Review The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1F, ‘‘Environmental Impacts: Policies and Procedures,’’ paragraph 311a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exists that warrant preparation of an environmental assessment. Lists of Subjects in 14 CFR Part 71: Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for Part 71 continues to read as follows: mstockstill on DSK4VPTVN1PROD with RULES ■ Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120, E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Z, Airspace Designations and Reporting Points, dated August 6, 2015, effective ■ VerDate Sep<11>2014 16:12 Oct 19, 2015 Jkt 238001 Class D Airspace. * Regulatory Notices and Analyses OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE Paragraph 5000 71.1. The Class D and E airspace designations listed in this document will be published subsequently in the Order. * 63427 32 CFR Part 1701 * * * AGL OH D Columbus, Ohio State University Airport, OH [Amended] Columbus, Ohio State University Airport, OH (Lat. 40°04′47″ N., long. 83°04′23″ W.) That airspace extending upward from the surface to and including 3,400 feet MSL within a 4-mile radius of Ohio State University Airport, excluding that airspace within the Port Columbus International Airport, OH, Class C airspace area. This Class D airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective dates and times will thereafter be continuously published in the Airport/ Facility Directory. Paragraph 6004 Class E Airspace Areas Designated as a Surface Area. * * * * * AGL OH E4 Columbus, Ohio State University Airport, OH [Removed] Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. * * * * * AGL OH E5 Columbus, OH [Amended] Columbus, Port Columbus International Airport, OH (Lat. 39°59′49″ N., long. 82°53′32″ W.) Columbus, Rickenbacker International Airport, OH (Lat. 39°48′50″ N., long. 82°55′40″ W.) Columbus, Ohio State University Airport, OH (Lat. 40°04′47″ N., long. 83°04′23″ W.) Columbus, Bolton Field Airport, OH (Lat. 39°54′04″ N., long. 83°08′13″ W.) Columbus, Darby Dan Airport, OH (Lat. 39°56′31″ N., long. 83°12′18″ W.) Lancaster, Fairfield County Airport, OH (Lat. 39°45′20″ N., long. 82°39′26″ W.) That airspace extending upward from 700 feet above the surface within a 7-mile radius of Port Columbus International Airport, and within 3.3 miles either side of the 094° bearing from Port Columbus International Airport extending from the 7-mile radius to 12.1 miles east of the airport, and within a 7-mile radius of Rickenbacker International Airport, and within 4 miles either side of the 045° bearing from Rickenbacker International Airport extending from the 7-mile radius to 12.5 miles northeast of the airport, and within a 6.5-mile radius of Ohio State University Airport, and within a 7.4-mile radius of Bolton Field Airport, and within a 6.4-mile radius of Fairfield County Airport, and within a 6.5-mile radius of Darby Dan Airport, excluding that airspace within the London, OH, Class E airspace area. Issued in Fort Worth, TX, on October 8, 2015. Robert W. Beck, Manager, Operations Support Group, ATO Central Service Center. [FR Doc. 2015–26280 Filed 10–19–15; 8:45 am] BILLING CODE 4910–13–P PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 Privacy Act Systems of Records Office of the Director of National Intelligence. ACTION: Final rule. AGENCY: The Office of the Director of National Intelligence (ODNI) is issuing a final rule exempting two (2) 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, and invoking subsection (k)(2) as an additional basis for exempting records from these provisions of the Act with respect to one (1) existing system of records. The ODNI published a notice and a proposed rule implementing these exemptions on May 27, 2015. The enumerated exemptions will be invoked on a case by case basis, as necessary to preclude interference with investigatory, intelligence and counterterrorism functions and responsibilities of the ODNI. The ODNI received no comments regarding the proposed rule. DATES: This final rule is effective October 20, 2015. FOR FURTHER INFORMATION CONTACT: Jennifer L. Hudson, Director, Information Management Division, 703– 874–8085. SUPPLEMENTARY INFORMATION: SUMMARY: Background On May 27, 2015, the Office of the Director of National Intelligence (ODNI) published notice of two new Privacy Act systems of records: Counterintelligence Trends Analyses Records (ODNI/NCSC–002) and Insider Threat Program Records (ODNI–22). These systems of records contain records that range from Unclassified to Top Secret. Accordingly, in conjunction with publication of these systems notices, and pursuant to exemption authority afforded the head of the agency by the Privacy Act, the ODNI initiated a rulemaking to exempt the systems in relevant part from provisions identified at subsection (k) of the Act (enumerated above). The proposed rulemaking also sought to amend the system of records entitled Information Technology Systems Activity and Access Records (ODNI–19), originally published at 76 FR 42742 (July 19, 2011), by adding subsection (k)(2) of the Privacy Act as a basis for exempting records covered by that system from the provisions noted. The affected systems notices and proposed exemption rule E:\FR\FM\20OCR1.SGM 20OCR1 63428 Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Rules and Regulations are published at 80 FR 30271 and 30187. This final rule differs from the proposed rule in that it deletes from 32 CFR 1701.24 a list of ODNI Systems of Records Notices (SORNs). The proposed rule would have added the newly published SORNs to this listing. In lieu of revising the ODNI Privacy Act Regulation as SORNs are published or rescinded, ODNI will periodically publish a consolidated list of new, updated or deleted SORNs. Public Comments None. Final Rule: Implementation of Exemption Rule and Systems Notices Absent comment or objection from any member of the public, the ODNI has determined to issue the proposed exemption rule in final form and to implement the new and amended systems of records as described. The exemptions proposed are necessary and appropriate to protect intelligence equities undergirding ODNI’s mission and functions and, narrowly applied, they do so consistent with privacy principles. By restrictively construing the exemptions to apply only to records that satisfy thresholds articulated in subsection (k), ODNI achieves the goal of balancing intelligence-related equities with fair information principles and values. mstockstill on DSK4VPTVN1PROD with RULES Regulatory Flexibility Act This rule affects only the manner in which ODNI collects and maintains information about individuals. ODNI certifies that this rulemaking does not impact small entities and that analysis under the Regulatory Flexibility Act, 5 U.S.C. 601–612, is not required. 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.sba.gov/advo/laws/law-lib.html. Paperwork Reduction Act The Paperwork Reduction Act of 1995 944 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 VerDate Sep<11>2014 16:12 Oct 19, 2015 Jkt 238001 information. There are no information collection requirements associated with this rule and therefore no analysis of burden is required. Executive Order 12866, Regulatory Planning and Review This rule is not a ‘‘significant regulatory action,’’ within the meaning of Executive Order 12866. This rule will not adversely affect the economy or a 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 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 agencies to examine the implications for the distribution of power and responsibilities among the various levels of government resulting from their rules. ODNI concludes that this 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. This rulemaking will not have a significant effect on the human environment under the provisions of the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321–4347. Energy Impact This rulemaking is not a major regulatory action under the provisions of the Energy Policy and Conservation Act (EPCA), Pub. L. 94–163) as amended, 42 U.S.C. 6362. List of Subjects in 32 CFR Part 1701 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 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. 401–442; 5 U.S.C. 552a. Subpart B—[AMENDED] 2. Amend § 1701.24 by revising paragraphs (a) 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 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 records covered by the systems are subject to exemption pursuant subsection (k) of the Act. * * * * * Dated: August 27, 2015. Mark W. Ewing, Chief Management Officer. [FR Doc. 2015–24398 Filed 10–19–15; 8:45 am] BILLING CODE 9500–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2015–0925] Drawbridge Operation Regulation; Arthur Kill, Staten Island, New York Coast Guard, DHS. Notice of temporary deviation from drawbridge regulation. AGENCY: ACTION: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Arthur Kill (AK) Railroad Bridge across Arthur Kill, mile 11.6, between Staten Island, New York and Elizabeth, New Jersey. Under this temporary deviation the bridge may remain in the closed position to facilitate scheduled maintenance. This deviation is necessary to facilitate tie and miter rail replacement on the lift span. SUMMARY: Environmental Impact Administrative practice and procedure, Privacy. For the reasons set forth above, ODNI amends 32 CFR part 1701 as follows: This deviation is effective from 6 a.m. on October 23, 2015 to 2:48 p.m. on December 13, 2015. ADDRESSES: The docket for this deviation, [USCG–2015–0925] is DATES: E:\FR\FM\20OCR1.SGM 20OCR1

Agencies

[Federal Register Volume 80, Number 202 (Tuesday, October 20, 2015)]
[Rules and Regulations]
[Pages 63427-63428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24398]


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OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE

32 CFR Part 1701


Privacy Act Systems of Records

AGENCY: Office of the Director of National Intelligence.

ACTION: Final rule.

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

SUMMARY: The Office of the Director of National Intelligence (ODNI) is 
issuing a final rule exempting two (2) 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, and invoking subsection (k)(2) as an 
additional basis for exempting records from these provisions of the Act 
with respect to one (1) existing system of records. The ODNI published 
a notice and a proposed rule implementing these exemptions on May 27, 
2015. The enumerated exemptions will be invoked on a case by case 
basis, as necessary to preclude interference with investigatory, 
intelligence and counterterrorism functions and responsibilities of the 
ODNI. The ODNI received no comments regarding the proposed rule.

DATES: This final rule is effective October 20, 2015.

FOR FURTHER INFORMATION CONTACT: Jennifer L. Hudson, Director, 
Information Management Division, 703-874-8085.

SUPPLEMENTARY INFORMATION:

Background

    On May 27, 2015, the Office of the Director of National 
Intelligence (ODNI) published notice of two new Privacy Act systems of 
records: Counterintelligence Trends Analyses Records (ODNI/NCSC-002) 
and Insider Threat Program Records (ODNI-22). These systems of records 
contain records that range from Unclassified to Top Secret. 
Accordingly, in conjunction with publication of these systems notices, 
and pursuant to exemption authority afforded the head of the agency by 
the Privacy Act, the ODNI initiated a rulemaking to exempt the systems 
in relevant part from provisions identified at subsection (k) of the 
Act (enumerated above). The proposed rulemaking also sought to amend 
the system of records entitled Information Technology Systems Activity 
and Access Records (ODNI-19), originally published at 76 FR 42742 (July 
19, 2011), by adding subsection (k)(2) of the Privacy Act as a basis 
for exempting records covered by that system from the provisions noted. 
The affected systems notices and proposed exemption rule

[[Page 63428]]

are published at 80 FR 30271 and 30187.
    This final rule differs from the proposed rule in that it deletes 
from 32 CFR 1701.24 a list of ODNI Systems of Records Notices (SORNs). 
The proposed rule would have added the newly published SORNs to this 
listing. In lieu of revising the ODNI Privacy Act Regulation as SORNs 
are published or rescinded, ODNI will periodically publish a 
consolidated list of new, updated or deleted SORNs.

Public Comments

    None.

Final Rule: Implementation of Exemption Rule and Systems Notices

    Absent comment or objection from any member of the public, the ODNI 
has determined to issue the proposed exemption rule in final form and 
to implement the new and amended systems of records as described. The 
exemptions proposed are necessary and appropriate to protect 
intelligence equities undergirding ODNI's mission and functions and, 
narrowly applied, they do so consistent with privacy principles. By 
restrictively construing the exemptions to apply only to records that 
satisfy thresholds articulated in subsection (k), ODNI achieves the 
goal of balancing intelligence-related equities with fair information 
principles and values.

Regulatory Flexibility Act

    This rule affects only the manner in which ODNI collects and 
maintains information about individuals. ODNI certifies that this 
rulemaking does not impact small entities and that analysis under the 
Regulatory Flexibility Act, 5 U.S.C. 601-612, is not required.

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.sba.gov/advo/laws/law-lib.html.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 944 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 
rule and therefore no analysis of burden is required.

Executive Order 12866, Regulatory Planning and Review

    This rule is not a ``significant regulatory action,'' within the 
meaning of Executive Order 12866. This rule will not adversely affect 
the economy or a 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 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 agencies to examine the implications 
for the distribution of power and responsibilities among the various 
levels of government resulting from their rules. ODNI concludes that 
this 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

    This rulemaking will not have a significant effect on the human 
environment under the provisions of the National Environmental Policy 
Act of 1969 (NEPA), 42 U.S.C. 4321-4347.

Energy Impact

    This rulemaking is not a major regulatory action under the 
provisions of the Energy Policy and Conservation Act (EPCA), Pub. L. 
94-163) as amended, 42 U.S.C. 6362.

List of Subjects in 32 CFR Part 1701

    Administrative practice and procedure, Privacy.

    For the reasons set forth above, ODNI amends 32 CFR part 1701 as 
follows:

PART 1701--ADMINISTRATION OF RECORDS UNDER THE PRIVACY ACT OF 1974

0
1. The authority citation for part 1701 continues to read as follows:

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

Subpart B--[AMENDED]

0
2. Amend Sec.  1701.24 by revising paragraphs (a) 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 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 records covered by the systems are subject to exemption pursuant 
subsection (k) of the Act.
* * * * *

    Dated: August 27, 2015.
Mark W. Ewing,
Chief Management Officer.
[FR Doc. 2015-24398 Filed 10-19-15; 8:45 am]
 BILLING CODE 9500-01-P