Public Information, Freedom of Information Act and Privacy Act Regulations, 68442-68444 [2015-28063]

Download as PDF 68442 Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Rules and Regulations Points, dated August 6, 2015, and effective September 15, 2015, is amended as follows: Paragraph 5000 Class D Airspace * * * * This action corrects an error in a final rule published in the Federal Register of October 19, 2015, by amending the magnetic bearing to a true bearing in the Class E surface area airspace description for Farmington Regional Airport, Farmington, MO. SUMMARY: * AWP CA D Van Nuys, CA [Modified] Van Nuys, Van Nuys Airport, CA (Lat. 34°12′35″ N., long. 118°29′24″ W.) Burbank, Bob Hope Airport, CA (Lat. 34°12′03″ N., long. 118°21′31″ W.) Los Angeles, Whiteman Airport, CA (Lat. 34°15′34″ N., long. 118°24′48″ W.) That airspace extending upward from the surface to but not including 3,000 feet MSL within a 4.3-mile radius of Van Nuys Airport, excluding that airspace within the Bob Hope Airport, CA, Class C airspace area, and excluding that airspace within a 1.8-mile radius of Whiteman Airport, CA. This Class D airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport/Facility Directory. Effective 0901 UTC, December 10, 2015. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. DATES: Jim Pharmakis, Central Service Center, Operations Support Group, Federal Aviation Administration, Southwest Region, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone: 817–222– 5855. FOR FURTHER INFORMATION CONTACT: Paragraph 6002 Class E Airspace Designated as Surface Areas. SUPPLEMENTARY INFORMATION: * History * * * * AWP CA E2 Van Nuys, CA [Modified] Van Nuys, Van Nuys Airport, CA (Lat. 34°12′35″ N., long. 118°29′24″ W.) Burbank, Bob Hope Airport, CA (Lat. 34°12′03″ N., long. 118°21′31″ W.) Los Angeles, Whiteman Airport, CA (Lat. 34°15′34″ N., long. 118°24′48″ W.) That airspace extending upward from the surface within a 4.3-mile radius of Van Nuys Airport, excluding that airspace within the Bob Hope Airport, CA, Class C airspace area, and excluding that airspace within a 1.8-mile radius of Whiteman Airport, CA. Issued in Seattle, Washington, on October 27, 2015. Tracey Johnson, Acting Manager, Operations Support Group, Western Service Center. [FR Doc. 2015–28124 Filed 11–4–15; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration The FAA published a final rule in the Federal Register amending Class E surface area airspace at multiple airports in Missouri, including Farmington Regional Airport, Farmington, MO (80 FR 63085 October 19, 2015). Subsequent to publication the FAA identified that a magnetic bearing was used to describe parameters of the Class E surface area airspace for Farmington Regional Airport, Farmington, MO. This action replaces the magnetic bearing with a true bearing. Correction to Final Rule Accordingly, pursuant to the authority delegated to me, in the Federal Register of October 19, 2015 (80 FR 63085) FR Doc. 2015–26273, the bearing in the regulatory text on page 63086, column 3, line 9, is corrected as follows: § 71.1 14 CFR Part 71 [Amended] ACE MO E2 (Corrected) Farmington, MO jstallworth on DSK7TPTVN1PROD with RULES Docket No. FAA–2015–0842; Airspace Docket No. 15–ACE–2 ■ Amendment of Class E Airspace for the Following Missouri Towns: Chillicothe, MO; Cuba, MO; Farmington, MO; Lamar, MO; Mountain View, MO; Nevada, MO; and Poplar Bluff, MO Issued in Fort Worth, Texas, on October 26, 2015. Walter Tweedy, Manager, Operations Support Group, ATO Central Service Center. Federal Aviation Administration (FAA), DOT. ACTION: Final rule, correction. AGENCY: VerDate Sep<11>2014 14:34 Nov 04, 2015 Jkt 238001 Remove ‘‘202° bearing’’ and add in its place ‘‘204° bearing’’ [FR Doc. 2015–28122 Filed 11–4–15; 8:45 am] BILLING CODE 4910–13–P PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 DEPARTMENT OF COMMERCE Office of the Secretary 15 CFR Part 4 [Docket No. 150324296–5964–03] RIN 0605–AA38 Public Information, Freedom of Information Act and Privacy Act Regulations Department of Commerce. Final rule. AGENCY: ACTION: This rule amends the Department of Commerce’s (Department) Privacy Act regulations under the Privacy Act. The revisions add a new Privacy Act System of Records, entitled ‘‘COMMERCE/DEPT– 25, Access Control and Identity Management System,’’ to the General and Specific exemptions sections of the Department’s Privacy Act regulations. The Privacy Act requires agencies to identify records exempted from a provision of the General and/or Specific exemptions sections of the Act. This document helps the Department comply with this requirement. DATES: These amendments are effective December 7, 2015. FOR FURTHER INFORMATION CONTACT: Michael J. Toland, Department Freedom of Information and Privacy Act Officer, Office of Privacy and Open Government, 1401 Constitution Ave.NW., Room 52010, Washington, DC 20230. SUPPLEMENTARY INFORMATION: SUMMARY: Background Information On May 8, 2015, the Department of Commerce published a proposed rule revising its existing regulations at 15 CFR part 4 under the FOIA and Privacy Act, 5 U.S.C. 552a. See 80 FR 26499. This rule proposed revisions to the Department’s regulations under the Privacy Act. In particular, the action would amend 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 revisions of the Privacy Act regulations in subpart B of part 4 incorporate changes to the language of the regulations in the following provisions: § 4.33 (General exemptions); and § 4.34 (Specific exemptions). Interested persons were afforded the opportunity to participate in the rulemaking process through submission of written comments to the proposed rule during the 30-day open comment period. On June 29, 2015, the E:\FR\FM\05NOR1.SGM 05NOR1 Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Rules and Regulations Department reopened the comment period for an additional 30 days because not all interested parties may have been given appropriate notification about this proposed new system of records, as well as time to respond with comments prior to the closing date of the original public comment period of June 8, 2015. See 80 FR 36397. jstallworth on DSK7TPTVN1PROD with RULES Public Comments The Department received one public submission in response to the proposed rulemaking, which was similar or identical in some cases to the ones submitted by the commenter for the new Privacy Act System of Records: ‘‘COMMERCE/DEPT–25, Access Control and Identity Management System.’’ In particular, the commenter suggested that the ‘‘proposed changes [to this rule] are expressly intended to exempt the Department’s proposed new system of records entitled ‘COMMERCE/ DEPARTMENT–25, Access Control and Identity Management System,’ set forth in 80 FR 26534, published May 8, 2015, from most provisions of the Privacy Act.’’ The commenter also indicated that the Department provided insufficient business justification for this system of records. The commenter further submitted the view that the routine uses listed in this notice may result in matching programs as described in 5 U.S.C. 552a(a)(8), adding that if the Department engages in any matching program, it must follow matching program requirements outlined in 5 U.S.C. 552a(o). The Department would like to thank the commenter for submitting comments in response to the proposed rulemaking. While due consideration has been given to the comments received, since they were similar or identical to those received for the proposed Privacy Act System of Records notice entitled: ‘‘COMMERCE/DEPT–25, Access Control and Identity Management System,’’ and the comments did not address any substantive changes to this proposed rule, the Department will not address the comments in this notice. Instead, responses to the commenter’s comments can be found under the Public Comments and Responses section of the final notice for COMMERCE/DEPT–25. With this action, the Department’s Privacy Act regulations are revised regarding applicable exemptions to reflect new Department wide systems of records notices published since the last time the regulations were updated. Specifially, the revisions of the Privacy Act regulations in subpart B of part 4 incorporate changes to the language of the regulations in the following VerDate Sep<11>2014 14:34 Nov 04, 2015 Jkt 238001 provisions: § 4.33 (General exemptions); and § 4.34 (Specific exemptions). PART 4—DISCLOSURE OF GOVERNMENT INFORMATION Classification 68443 ■ It has been determined that this notice is not significant for purposes of E.O. 12866. Regulatory Flexibility Act: The Chief Counsel for Regulation for the Department of Commerce has certified to the Chief Counsel for Advocacy of the Small Business Administration that this rule will not have a significant economic impact on a substantial number of small entities. This final rule amends the Department’s Privacy Act regulations regarding applicable exemptions to reflect new Department wide systems of records notices published since the last time the regulations were updated. These amendments are administrative in nature and will not impose a financial impact on anyone, does not change the way any acts or the way anyone is treated. Further, the applicable exemptions apply to information collected to establish identity, accountability, and audit control of electronic or other digital certificates of assigned personnel who require access to Department of Commerce electronic and physical assets. The information collected is provided on a voluntary basis, with no cost incurred by individuals. Because notice and opportunity for comment are not required pursuant to 5 U.S.C. 553 or any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are inapplicable. Therefore, a regulatory flexibility analysis is not required and has not been prepared. Paperwork Reduction Act: This document does not contain a collectionofinformation requirement subject to the Paperwork Reduction Act (PRA). Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with a collection of information subject to the Paperwork Reduction Act unless that collection displays a currently valid OMB Control Number. List of Subjects in 15 CFR Part 4 Freedom of information, Privacy. Dated: October 29, 2015. Catrina D. Purvis, Department of Commerce, Chief Privacy Officer and Director for Open Government. For reasons stated in the preamble, the Department of Commerce amends 15 CFR part 4 as follows: PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 1. The authority citation for part 4 continues to read as follows: Authority: 5 U.S.C. 301; 5 U.S.C. 552; 5 U.S.C. 553; 31 U.S.C. 3717; 41 U.S.C. 3101; Reorganization Plan No. 5 of 1950. 2. Amend § 4.33 by adding paragraph (b)(4) to read as follows: ■ § 4.33 General exemptions. * * * * * (b) * * * (4) Access Control and Identity Management System—COMMERCE/ DEPT–25. Pursuant to 5 U.S.C. 552a(j)(2), these records are hereby determined to be exempt from all provisions of the Act, except 5 U.S.C. 552a(b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), and (11), and (i). These exemptions are necessary to ensure the proper functioning of the law enforcement activity, to protect confidential sources of information, to fulfill promises of confidentiality, to maintain the integrity of the law enforcement process, to avoid premature disclosure of the knowledge of criminal activity and the evidentiary bases of possible enforcement actions, to prevent interference with law enforcement proceedings, to avoid disclosure of investigative techniques, and to avoid endangering law enforcement personnel. ■ 3. Amend § 4.34 by revising paragraphs (a)(1), (b) introductory text, (b)(1), (b)(2)(i) introductory text, (b)(2)(i)(C), (b)(2)(i)(F), and (b)(4)(i) to read as follows: § 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, and COMMERCE/DEPT–25. * * * * * (b) The specific exemptions determined to be necessary and proper with respect to systems of records maintained by the Department, including the parts of each system to be exempted, the provisions of the Act from which they are exempted, and the justification for the exemption, are as follows: E:\FR\FM\05NOR1.SGM 05NOR1 jstallworth on DSK7TPTVN1PROD with RULES 68444 Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Rules and Regulations (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, and COMMERCE/DEPT–25 under this paragraph are subject to the condition that the general exemption claimed in § 4.33(b) is held to be invalid. (2)(i) Exempt under 5 U.S.C. 552a(k)(2). The systems of records exempt (some only conditionally), the sections of the Act from which exempted, and the reasons therefor are as follows: * * * * * (C) Fisheries Law Enforcement Case Files—COMMERCE/NOAA–5, but only on condition that the general exemption claimed in § 4.33(b)(2) is held to be invalid; * * * * * (F) Access Control and Identity Management System—COMMERCE/ DEPT–25, but only on condition that the general exemption claimed in § 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–1; (F) Commissioned Officer Official Personnel Folders—COMMERCE/ NOAA–3; (G) Conflict of Interest Records, Appointed Officials—COMMERCE/ DEPT–3; (H) Investigative and Inspection Records—COMMERCE/DEPT–12, but only on condition that the general exemption claimed in § 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; and (K) Access Control and Identity Management System—COMMERCE/ DEPT–25, but only on condition that the VerDate Sep<11>2014 14:34 Nov 04, 2015 Jkt 238001 general exemption claimed in § 4.33(b)(4) is held to be invalid. * * * * * [FR Doc. 2015–28063 Filed 11–3–15; 11:15 am] BILLING CODE 3510–BX–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2015–0962] Drawbridge Operation Regulation; Oakland Inner Harbor Tidal Canal, Alameda, CA Coast Guard, DHS. Notice of deviation from drawbridge regulation. AGENCY: ACTION: The Coast Guard has issued a temporary deviation from the operating schedule that governs the High Street Drawbridge across the Oakland Inner Harbor Tidal Canal, mile 6.0, at Alameda, CA. The deviation is necessary to allow the bridge owner to replace the center span lock. This deviation allows the bridge to remain in the closed-to-navigation position during the deviation period. DATES: This deviation is effective without actual notice from November 5, 2015 through 6:30 p.m. on November 25, 2015. For the purpose of enforcement, actual notice will be used from 2:30 p.m. on October 21, 2015 until November 5, 2015. ADDRESSES: The docket for this deviation, [USCG–2015–0962] is available at http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary deviation, call or email David H. Sulouff, Chief, Bridge Section, Eleventh Coast Guard District; telephone 510– 437–3516, email David.H.Sulouff@ uscg.mil. SUPPLEMENTARY INFORMATION: Alameda County Public Works Agency has requested a temporary change to the operation of the High Street Drawbridge, mile 6.0, over Oakland Inner Harbor Tidal Canal, at Alameda, CA. The bridge provides a vertical clearance of 16 feet above Mean High Water in the closedto-navigation position. The bridge currently operates under 33 CFR 117.181. Navigation on the waterway is commercial and recreational. The bridge will be secured in the closed-to-navigation position, October 26, 2015 through November 25, 2015, Monday through Friday, 9:30 a.m. to 6:30 p.m., due to replacement of the SUMMARY: PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 center span lock. During nights and weekends, the bridge will be able to open upon 2 hours advance notice with single leaf openings. During working hours a 15-foot wide scaffold at midchannel will reduced vertical clearance by 9 feet. This temporary deviation has been coordinated with the waterway users. No objections to the proposed temporary deviation were raised. Vessels able to pass through the bridge in the closed position may do so at anytime. The bridge will not be able to open for emergencies and there is an alternate route for shallow draft vessels through San Leandro Bay. The Coast Guard will also inform the users of the waterway by our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge so they can arrange their transits to minimize any impact caused by the temporary deviation. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: October 21, 2015. D.H. Sulouff, District Bridge Chief, Eleventh Coast Guard District. [FR Doc. 2015–28292 Filed 11–4–15; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2015–0963] Drawbridge Operation Regulation; Cerritos Channel, Long Beach, CA Coast Guard, DHS. Notice of deviation from drawbridge regulation. AGENCY: ACTION: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Commodore Schuyler F. Heim highway drawbridge across the Cerritos Channel, mile 4.9, at Long Beach, CA. During the deviation electrical power will be disconnected from the bridge to allow removal of the bridge from the waterway. This deviation allows the bridge to remain in the closed-to-navigation position during its removal. DATES: This deviation is effective without actual notice from November 5, 2015 through 6 p.m. on November 25, SUMMARY: E:\FR\FM\05NOR1.SGM 05NOR1

Agencies

[Federal Register Volume 80, Number 214 (Thursday, November 5, 2015)]
[Rules and Regulations]
[Pages 68442-68444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28063]


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DEPARTMENT OF COMMERCE

Office of the Secretary

15 CFR Part 4

[Docket No. 150324296-5964-03]
RIN 0605-AA38


Public Information, Freedom of Information Act and Privacy Act 
Regulations

AGENCY: Department of Commerce.

ACTION: Final rule.

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

SUMMARY: This rule amends the Department of Commerce's (Department) 
Privacy Act regulations under the Privacy Act. The revisions add a new 
Privacy Act System of Records, entitled ``COMMERCE/DEPT-25, Access 
Control and Identity Management System,'' to the General and Specific 
exemptions sections of the Department's Privacy Act regulations. The 
Privacy Act requires agencies to identify records exempted from a 
provision of the General and/or Specific exemptions sections of the 
Act. This document helps the Department comply with this requirement.

DATES: These amendments are effective December 7, 2015.

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

SUPPLEMENTARY INFORMATION:

Background Information

    On May 8, 2015, the Department of Commerce published a proposed 
rule revising its existing regulations at 15 CFR part 4 under the FOIA 
and Privacy Act, 5 U.S.C. 552a. See 80 FR 26499. This rule proposed 
revisions to the Department's regulations under the Privacy Act. In 
particular, the action would amend 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 revisions of the Privacy Act regulations 
in subpart B of part 4 incorporate changes to the language of the 
regulations in the following provisions: Sec.  4.33 (General 
exemptions); and Sec.  4.34 (Specific exemptions).
    Interested persons were afforded the opportunity to participate in 
the rulemaking process through submission of written comments to the 
proposed rule during the 30-day open comment period. On June 29, 2015, 
the

[[Page 68443]]

Department reopened the comment period for an additional 30 days 
because not all interested parties may have been given appropriate 
notification about this proposed new system of records, as well as time 
to respond with comments prior to the closing date of the original 
public comment period of June 8, 2015. See 80 FR 36397.

Public Comments

    The Department received one public submission in response to the 
proposed rulemaking, which was similar or identical in some cases to 
the ones submitted by the commenter for the new Privacy Act System of 
Records: ``COMMERCE/DEPT-25, Access Control and Identity Management 
System.'' In particular, the commenter suggested that the ``proposed 
changes [to this rule] are expressly intended to exempt the 
Department's proposed new system of records entitled `COMMERCE/
DEPARTMENT-25, Access Control and Identity Management System,' set 
forth in 80 FR 26534, published May 8, 2015, from most provisions of 
the Privacy Act.'' The commenter also indicated that the Department 
provided insufficient business justification for this system of 
records. The commenter further submitted the view that the routine uses 
listed in this notice may result in matching programs as described in 5 
U.S.C. 552a(a)(8), adding that if the Department engages in any 
matching program, it must follow matching program requirements outlined 
in 5 U.S.C. 552a(o).
    The Department would like to thank the commenter for submitting 
comments in response to the proposed rulemaking. While due 
consideration has been given to the comments received, since they were 
similar or identical to those received for the proposed Privacy Act 
System of Records notice entitled: ``COMMERCE/DEPT-25, Access Control 
and Identity Management System,'' and the comments did not address any 
substantive changes to this proposed rule, the Department will not 
address the comments in this notice. Instead, responses to the 
commenter's comments can be found under the Public Comments and 
Responses section of the final notice for COMMERCE/DEPT-25.
    With this action, the Department's Privacy Act regulations are 
revised regarding applicable exemptions to reflect new Department wide 
systems of records notices published since the last time the 
regulations were updated. Specifially, the revisions of the Privacy Act 
regulations in subpart B of part 4 incorporate changes to the language 
of the regulations in the following provisions: Sec.  4.33 (General 
exemptions); and Sec.  4.34 (Specific exemptions).

Classification

    It has been determined that this notice is not significant for 
purposes of E.O. 12866. Regulatory Flexibility Act: The Chief Counsel 
for Regulation for the Department of Commerce has certified to the 
Chief Counsel for Advocacy of the Small Business Administration that 
this rule will not have a significant economic impact on a substantial 
number of small entities. This final rule amends the Department's 
Privacy Act regulations regarding applicable exemptions to reflect new 
Department wide systems of records notices published since the last 
time the regulations were updated. These amendments are administrative 
in nature and will not impose a financial impact on anyone, does not 
change the way any acts or the way anyone is treated. Further, the 
applicable exemptions apply to information collected to establish 
identity, accountability, and audit control of electronic or other 
digital certificates of assigned personnel who require access to 
Department of Commerce electronic and physical assets. The information 
collected is provided on a voluntary basis, with no cost incurred by 
individuals. Because notice and opportunity for comment are not 
required pursuant to 5 U.S.C. 553 or any other law, the analytical 
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 
are inapplicable. Therefore, a regulatory flexibility analysis is not 
required and has not been prepared.
    Paperwork Reduction Act: This document does not contain a 
collection-ofinformation requirement subject to the Paperwork Reduction 
Act (PRA). Notwithstanding any other provision of law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with a collection of information subject to the 
Paperwork Reduction Act unless that collection displays a currently 
valid OMB Control Number.

List of Subjects in 15 CFR Part 4

    Freedom of information, Privacy.

    Dated: October 29, 2015.
Catrina D. Purvis,
Department of Commerce, Chief Privacy Officer and Director for Open 
Government.

    For 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. 553; 31 U.S.C. 
3717; 41 U.S.C. 3101; Reorganization Plan No. 5 of 1950.


0
 2. Amend Sec.  4.33 by adding paragraph (b)(4) to read as follows:


Sec.  4.33  General exemptions.

* * * * *
    (b) * * *
    (4) Access Control and Identity Management System--COMMERCE/DEPT-
25. Pursuant to 5 U.S.C. 552a(j)(2), these records are hereby 
determined to be exempt from all provisions of the Act, except 5 U.S.C. 
552a(b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), 
and (11), and (i). These exemptions are necessary to ensure the proper 
functioning of the law enforcement activity, to protect confidential 
sources of information, to fulfill promises of confidentiality, to 
maintain the integrity of the law enforcement process, to avoid 
premature disclosure of the knowledge of criminal activity and the 
evidentiary bases of possible enforcement actions, to prevent 
interference with law enforcement proceedings, to avoid disclosure of 
investigative techniques, and to avoid endangering law enforcement 
personnel.

0
 3. Amend Sec.  4.34 by revising paragraphs (a)(1), (b) introductory 
text, (b)(1), (b)(2)(i) introductory text, (b)(2)(i)(C), (b)(2)(i)(F), 
and (b)(4)(i) to read as follows:


Sec.  4.34  Specific exemptions.

    (a)(1) Certain systems of records under the Act that are maintained 
by the Department may occasionally contain material subject to 5 U.S.C. 
552a(k)(1), relating to national defense and foreign policy materials. 
The systems of records published in the Federal Register by the 
Department that are within this exemption are: COMMERCE/BIS-1, 
COMMERCE/ITA-2, COMMERCE/ITA-3, COMMERCE/NOAA-11, COMMERCE-PAT-TM-4, 
COMMERCE/DEPT-12, COMMERCE/DEPT-13, COMMERCE/DEPT-14, and COMMERCE/
DEPT-25.
* * * * *
    (b) The specific exemptions determined to be necessary and proper 
with respect to systems of records maintained by the Department, 
including the parts of each system to be exempted, the provisions of 
the Act from which they are exempted, and the justification for the 
exemption, are as follows:

[[Page 68444]]

    (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, and 
COMMERCE/DEPT-25 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 
exempt (some only conditionally), the sections of the Act from which 
exempted, and the reasons therefor are as follows:
* * * * *
    (C) Fisheries Law Enforcement Case Files--COMMERCE/NOAA-5, but only 
on condition that the general exemption claimed in Sec.  4.33(b)(2) is 
held to be invalid;
* * * * *
    (F) 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;
* * * * *
    (4)(i) Exempt under 5 U.S.C. 552a(k)(5). The systems of records 
exempt (some only conditionally), the sections of the Act from which 
exempted, and the reasons therefor are as follows:
    (A) Applications to U.S. Merchant Marine Academy (USMMA)--COMMERCE/
MA-1;
    (B) USMMA Midshipman Medical Files--COMMERCE/MA-17;
    (C) USMMA Midshipman Personnel Files--COMMERCE/MA-18;
    (D) USMMA Non-Appropriated Fund Employees--COMMERCE/MA-19;
    (E) Applicants for the NOAA Corps--COMMERCE/NOAA-1;
    (F) Commissioned Officer Official Personnel Folders--COMMERCE/NOAA-
3;
    (G) Conflict of Interest Records, Appointed Officials--COMMERCE/
DEPT-3;
    (H) Investigative and Inspection Records--COMMERCE/DEPT-12, but 
only on condition that the general exemption claimed in Sec.  
4.33(b)(3) is held to be invalid;
    (I) Investigative Records--Persons within the Investigative 
Jurisdiction of the Department COMMERCE/DEPT-13;
    (J) Litigation, Claims, and Administrative Proceeding Records--
COMMERCE/DEPT-14; and
    (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.
* * * * *
[FR Doc. 2015-28063 Filed 11-3-15; 11:15 am]
 BILLING CODE 3510-BX-P