Public Information, Freedom of Information Act and Privacy Act Regulations, 56-59 [2016-31314]

Download as PDF 56 Federal Register / Vol. 82, No. 1 / Tuesday, January 3, 2017 / Proposed Rules corrective actions; in accordance with the Accomplishment Instructions of ASB 777– 53A0081, Revision 0, except as required by paragraph (i)(2) of this AD. Do all applicable corrective actions before further flight. Repeat the inspections thereafter at intervals not to exceed the applicable time specified in tables 7 through 14 of paragraph 1.E., ‘‘Compliance,’’ of ASB 777–53A0081, Revision 0. (a) Comments Due Date We must receive comments by February 17, 2017. (b) Affected ADs None. (c) Applicability This AD applies to all The Boeing Company Model 777–200, –200LR, –300, –300ER, and 777F series airplanes, certificated in any category. (d) Subject Air Transport Association (ATA) of America Code 53, Fuselage and 57, Wings. (e) Unsafe Condition This AD was prompted by reports of cracks on the underwing longerons. We are issuing this AD to detect and correct cracks in the underwing longerons, which could result in fuel leakage into the forward cargo area and consequent increased risk of a fire or, in a more severe case, could adversely affect the structural integrity of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. sradovich on DSK3GMQ082PROD with PROPOSALS (g) Inspections Except as specified in paragraph (i)(1) of this AD, at the applicable times specified in tables 1 through 6 of paragraph 1.E., ‘‘Compliance,’’ of Boeing Alert Service Bulletin 777–53A0081, dated September 8, 2016 (‘‘ASB 777–53A0081, Revision 0’’): Do detailed inspections for any crack of the left and right side underwing longerons; or do detailed inspections, and high frequency eddy current (HFEC) or ultrasonic inspections, as applicable, for any crack of the left and right side underwing longerons; and do all applicable related investigative and corrective actions; in accordance with the Accomplishment Instructions of ASB 777–53A0081, Revision 0, except as required by paragraph (i)(2) of this AD. Do all applicable related investigative and corrective actions before further flight. Repeat the inspections thereafter at the times specified in tables 1 through 6 of paragraph 1.E., ‘‘Compliance,’’ of ASB 777–53A0081, Revision 0, as applicable. Replacing an underwing longeron, including doing all applicable related investigative and corrective actions, in accordance with the Accomplishment Instructions of ASB 777– 53A0081, Revision 0, except as required by paragraph (i)(2) of this AD, terminates the repetitive inspections required by this paragraph for that longeron only. (h) Repetitive Post-Replacement Inspections and Corrective Actions For airplanes on which any longeron replacement has been done as specified in ASB 777–53A0081, Revision 0: At the applicable times specified in tables 7 through 14 of paragraph 1.E., ‘‘Compliance,’’ of ASB 777–53A0081, Revision 0, do detailed inspections of all replaced longerons for any crack, or do detailed inspections and ultrasonic inspections of all replaced longerons for any crack, and do all applicable VerDate Sep<11>2014 22:13 Dec 30, 2016 Jkt 241001 (i) Service Information Exceptions (1) Where ASB 777–53A0081, Revision 0, specifies a compliance time ‘‘after the issue date of this service bulletin,’’ this AD requires compliance within the specified compliance time after the effective date of this AD. (2) Where ASB 777–53A0081, Revision 0, specifies to contact Boeing for appropriate action: Before further flight, repair using a method approved in accordance with the procedures specified in paragraph (j) of this AD. (j) Alternative Methods of Compliance (AMOCs) (1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the ACO, send it to the attention of the person identified in paragraph (k)(1) of this AD. Information may be emailed to: 9-ANM-Seattle-ACO-AMOCRequests@faa.gov. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. (3) An AMOC that provides an acceptable level of safety may be used for any repair, modification, or alteration required by this AD if it is approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) that has been authorized by the Manager, Seattle ACO, to make those findings. To be approved, the repair method, modification deviation, or alteration deviation must meet the certification basis of the airplane, and the approval must specifically refer to this AD. (4) Except as required by paragraph (i)(2) of this AD: For service information that contains steps that are labeled as Required for Compliance (RC), the provisions of paragraphs (j)(4)(i) and (j)(4)(ii) of this AD apply. (i) The steps labeled as RC, including substeps under an RC step and any figures identified in an RC step, must be done to comply with the AD. If a step or sub-step is labeled ‘‘RC Exempt,’’ then the RC requirement is removed from that step or sub-step. An AMOC is required for any deviations to RC steps, including substeps and identified figures. (ii) Steps not labeled as RC may be deviated from using accepted methods in accordance with the operator’s maintenance or inspection program without obtaining PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 approval of an AMOC, provided the RC steps, including substeps and identified figures, can still be done as specified, and the airplane can be put back in an airworthy condition. (k) Related Information (1) For more information about this AD, contact Eric Lin, Aerospace Engineer, Airframe Branch, ANM–120S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057–3356; phone: 425–917–6412; fax: 425–917–6590; email: eric.lin@faa.gov. (2) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110–SK57, Seal Beach, CA 90740–5600; telephone: 562–797–1717; Internet: https:// www.myboeingfleet.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. Issued in Renton, Washington, on December 15, 2016. Victor Wicklund, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2016–30807 Filed 12–30–16; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF COMMERCE Office of the Secretary 15 CFR Part 4 [Docket No. 161103999–6999–01] RIN 0605–AA46 Public Information, Freedom of Information Act and Privacy Act Regulations Department of Commerce. Notice of proposed rulemaking. AGENCY: ACTION: This rule proposes revisions to the Department of Commerce’s (Department) regulations under the Privacy Act. The Department has issued a notice of its intent to establish a new system of records entitled ‘‘COMMERCE/DEPARTMENT–27, Investigation and Threat Management Records,’’ which includes system exemptions from certain provisions of the Privacy Act. The Privacy Act regulations are being updated to make technical changes to the applicable exemptions as a result of the new system of records, COMMERCE/ DEPARTMENT–27. The Privacy Act regulations are also being updated to reflect organization changes affecting the Department’s officials authorized to deny requests for records under the Freedom of Information Act, and SUMMARY: E:\FR\FM\03JAP1.SGM 03JAP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 82, No. 1 / Tuesday, January 3, 2017 / Proposed Rules requests for records and for correction or amendment under the Privacy Act. DATES: To be considered, written comments must be submitted on or before February 2, 2017. If no comments are received, the rule will become effective as proposed on the date of publication of a subsequent notice in the Federal Register. ADDRESSES: You may submit comments, identified by Regulatory Information Number (RIN) 0605–AA46, by any of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • Fax: (202) 482–0827. Include the RIN 0605–AA46 in the subject line. • Mail: Dr. Michael J. Toland, Deputy Chief Freedom of Information Act Officer and Department Privacy Act Officer, Office of Privacy and Open Government, 1401 Constitution Ave. NW., Room 52010, Washington, DC 20230. Instructions: All submissions received must include the agency name and docket number or RIN for this rulemaking. All comments received will be posted without change to regulations.gov, including any personal information provided. For detailed instructions on submitting comments and additional information on the rulemaking process, see the ‘‘Public Participation’’ heading of the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Dr. Michael J. Toland, Deputy Chief Freedom of Information Act Officer and Department Privacy Act Officer, Office of Privacy and Open Government, 1401 Constitution Ave. NW., Room 52010, Washington, DC 20230. SUPPLEMENTARY INFORMATION: This rule proposes revisions to the Department’s regulations under the Privacy Act. In particular, the action will amend the Department’s Privacy Act regulations regarding applicable exemptions to reflect a new Department wide systems of records notice published since the last time the regulations were updated. The Department has issued a notice of its intent to establish a new system of records entitled ‘‘COMMERCE/ DEPARTMENT–27, Investigation and Threat Management Records,’’ which includes system exemptions from certain provisions of the Privacy Act. 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). Specifically, pursuant to 5 U.S.C. VerDate Sep<11>2014 22:13 Dec 30, 2016 Jkt 241001 552a(j)(2), all information about an individual in the record which meets the criteria stated in 5 U.S.C. 552a(j)(2) are exempted from the notice, access and contest requirements of the agency regulations and from all parts of 5 U.S.C. 552a except subsections (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), and (11), and (i). Pursuant to 5 U.S.C. 552a(k)(1), (k)(2) and (k)(5) on condition that the 5 U.S.C. 552a(j)(2) exemption is held to be invalid, all investigatory material in the record which meets the criteria stated in 5 U.S.C. 552a(k)(1), (k)(2) and (k)(5) are exempted from the notice, access, and contest requirements (under 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f)) of the agency regulations because of the necessity to exempt this information and material in order to accomplish the law enforcement function of the agency, to prevent disclosure of classified information as required by Executive Order 13526, to assure the protection of the President, to prevent subjects of investigation from frustrating the investigatory process, to prevent the disclosure of investigative techniques, to fulfill commitments made to protect the confidentiality of information, and to avoid endangering these sources and law enforcement personnel. Additionally, the revisions of the Privacy Act regulations in subpart B of part 4 incorporate changes to the language of the regulations in Appendix B (Officials Authorized To Deny Requests for Records Under the Freedom of Information Act, and Requests for Records and Requests for Correction or Amendment Under the Privacy Act). Specifically, this proposed action removes the reference to the ‘‘Office of Administrative Services: Director,’’ and replaces it with the ‘‘Office of Facilities and Environmental Quality: Director; Deputy Director,’’ under the Assistant Secretary for Administration (ASA). The Department’s ASA realigned the functions formerly under the ‘‘Office of Administrative Services’’ to existing administrative functions and aligned facility-related programs and operations under the ‘‘Office of Facilities and Environmental Quality.’’ The proposed actions better allocated responsibilities, aligned similar functions, improved internal controls and streamline reporting relationships. This proposed amendment updates the rules to implement that change. See Department Administrative Order 20–1, sections 1 and 4. This proposed action adds as a denying official the Deputy Chief FOIA Officer under the Office of Privacy and PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 57 Open Government (OPOG). Previously, the Director of OPOG served as the Deputy Chief FOIA Officer, but now this position serves as the Department’s Chief FOIA Officer. This action also removes the reference to the ‘‘Bureau of Economic Analysis: Director,’’ and replaces it with the ‘‘Bureau of Economic Analysis: Freedom of Information Act Officer’’ under the Economics and Statistics Administration (ESA). Previously, the ESA FOIA Officer administered the FOIA program for the Bureau of Economic Analysis (BEA). This proposed action merely separates the administration of the BEA FOIA program from the ESA program, as well as designates a BEA FOIA Officer and aligns the BEA FOIA program with other FOIA programs in the Department. Public Participation: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by the Department. If you want to submit personal identifying information (such as your name, address, etc.) as part of your comment, but do not want it to be posted online, you must include the phrase ‘‘PERSONAL IDENTIFYING INFORMATION’’ in the first paragraph of your comment. You must also locate all the personal identifying information you do not want posted online in the first paragraph of your comment and identify what information you want redacted. If you want to submit confidential business information as part of your comment but do not want it to be posted online, you must include the phrase ‘‘CONFIDENTIAL BUSINESS INFORMATION’’ in the first paragraph of your comment. You must also prominently identify confidential business information to be redacted within the comment. If a comment has so much confidential business information that it cannot be effectively redacted, all or part of the comment may not be posted on http:// www.regulations.gov. Personal identifying information and confidential business information identified and located as set forth above will be placed in the agency’s public docket file, but not posted online. If you wish to inspect the agency’s public docket file in person by appointment, please see the FOR FURTHER INFORMATION CONTACT paragraph. Classification Regulatory Flexibility Act The Chief Counsel for Regulation for the Department of Commerce has certified to the Chief Counsel for E:\FR\FM\03JAP1.SGM 03JAP1 58 Federal Register / Vol. 82, No. 1 / Tuesday, January 3, 2017 / Proposed Rules 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 or regulatory impact on anyone, including small entities. 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. Executive Order 12866 It has been determined that this notice is not significant for purposes of E.O. 12866. Paperwork Reduction Act This regulation does not contain a ‘‘collection of information’’ as defined by the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. List of Subjects in 15 CFR Part 4 Freedom of information, Privacy. Michael J. Toland, Department of Commerce, Deputy Chief FOIA Officer, Department Privacy Act Officer. For the reasons stated in the preamble, the Department of Commerce proposes to amend 15 CFR part 4 as follows: PART 4—DISCLOSURE OF GOVERNMENT INFORMATION 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)(5) to read as follows: ■ § 4.33 General exemptions. sradovich on DSK3GMQ082PROD with PROPOSALS * * * * * (5) Investigation and Threat Management Records—COMMERCE/ DEPT–27. Pursuant to 5 U.S.C. 552a(j)(2), these records are hereby determined to be exempt from all provisions of the Act, except 5 U.S.C. 552a(b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), and (11), and (i). These exemptions are necessary to VerDate Sep<11>2014 22:13 Dec 30, 2016 Jkt 241001 ensure the proper functioning of the law enforcement activity of the agency, to prevent disclosure of classified information as required by Executive Order 13526, to assure the protection of the President, to prevent subjects of investigation from frustrating the investigatory process, to prevent the disclosure of investigative techniques, to fulfill commitments made to protect the confidentiality of information, and to avoid endangering these sources and law enforcement personnel. ■ 3. Amend § 4.34 by revising paragraph (a)(1), (b)(1), and (b)(4)(i); and by adding (b)(2)(i)(G) 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, COMMERCE/ DEPT–25, and COMMERCE/DEPT–27. * * * * * (b)(1) Exempt under 5 U.S.C. 552a(k)(1). The systems of records exempt hereunder appear in paragraph (a) of this section. The claims for exemption of COMMERCE/DEPT–12, COMMERCE/BIS–1, COMMERCE/ NOAA–5, COMMERCE/DEPT–25, and COMMERCE/DEPT–27 under this paragraph are subject to the condition that the general exemption claimed in § 4.33(b) is held to be invalid. * * * * * (2)(i) * * * (G) Investigation and Threat Management Records—COMMERCE/ DEPT–27, but only on condition that the general exemption claimed in § 4.33(b)(4) is held to be invalid; * * * * * (b)(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; PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 (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; (K) 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; and (L) Investigation and Threat Management Records—COMMERCE/ DEPT–27, but only on condition that the general exemption claimed in § 4.33(b)(4) is held to be invalid. * * * * * ■ 4. Amend Appendix B to Part 4 by revising the entries for ‘‘ASSISTANT SECRETARY FOR ADMNISTRATION’’ and ‘‘ECONOMICS AND STATISTICS ADMINISTRATION’’ to read as follows: Appendix B to Part 4—Officials Authorized To Deny Requests for Records Under the Freedom of Information Act, and Requests for Records and Requests for Correction or Amendment Under the Privacy Act * * * * * Assistant Secretary for Administration Office of Civil Rights: Director Office of Budget: Director Office of Privacy and Open Government: Director; Deputy Chief FOIA Officer; Departmental Freedom of Information Officer Office of Program Evaluation and Risk Management: Director Office of Financial Management: Director Office of Human Resources Management: Director; Deputy Director Office of Facilities and Environmental Quality: Director; Deputy Director Office of Security: Director Office of Acquisition Management: Director Office of Acquisition Services: Director Office of Small and Disadvantaged Business Utilization: Director * * * * * Economics and Statistics Administration Office of Administration: Director Bureau of Economic Analysis: Freedom of Information Act Officer E:\FR\FM\03JAP1.SGM 03JAP1 Federal Register / Vol. 82, No. 1 / Tuesday, January 3, 2017 / Proposed Rules Bureau of the Census: Freedom of Information Act Officer * * * * * [FR Doc. 2016–31314 Filed 12–30–16; 8:45 am] BILLING CODE 3510–BX–P CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Part 1015 Procedures for Disclosure or Production of Information Under the Freedom of Information Act; Amendments Consumer Product Safety Commission. ACTION: Notice of proposed rulemaking. AGENCY: The Consumer Product Safety Commission (Commission, CPSC, or we) is issuing this notice of proposed rulemaking (NPR) to update its Freedom of Information Act (FOIA) rule. We are proposing to revise the rule to conform to the amendments of the FOIA Improvement Act of 2016 (the 2016 FOIA) to the FOIA. The Commission also proposes to update the rule to reflect changes in Commission procedures, update Commission contact information, including current methods of submitting requests for records to the Commission, revise employee titles, and make various technical changes and corrections. This NPR seeks comments on the proposed changes to the rule. DATES: Submit comments by March 20, 2017. ADDRESSES: You may submit comments, identified by Docket No. CPSC–2016– 0030, by any of the following methods: Electronic Submissions: Submit electronic comments to the Federal eRulemaking Portal at https:// www.regulations.gov/. Follow the instructions for submitting comments. The Commission does not accept comments submitted by electronic mail (email), except through: https:// www.regulations.gov/. The Commission encourages you to submit electronic comments by using the Federal eRulemaking Portal, as described above. Written Submissions: Submit written comments by mail/hand delivery/ courier to: Office of the Secretariat, Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 504–7923. Instructions: All submissions received must include the agency name and docket number for this proposed rulemaking. All comments received may be posted without change, including any personal identifiers, contact sradovich on DSK3GMQ082PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 22:13 Dec 30, 2016 Jkt 241001 59 information, or other personal information provided, to: https:// www.regulations.gov/. Do not submit confidential business information, trade secret information, or other sensitive or protected information that you do not want to be available to the public. If furnished at all, such information should be submitted by mail/hand delivery/courier. Docket: For access to the docket to read background documents or comments received, go to: https:// www.regulations.gov/, and insert the docket number, CPSC–2016–0030, into the ‘‘Search’’ box, and follow the prompts. FOR FURTHER INFORMATION CONTACT: Renee McCune, Office of the General Counsel, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814, (301) 504–7673; or Todd A. Stevenson, Chief Freedom of Information Officer, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814, (301) 504–6836. SUPPLEMENTARY INFORMATION: The Commission is proposing to amend the agency’s procedures for disclosure or production of information under the Freedom of Information Act. 16 CFR part 1015. administrative appeal of an adverse determination from 30 to 90 days; limiting the FOIA Exemption for records created 25 years or more before the date on which the records were requested; the assessment of fees be limited in certain circumstances; and requesters be notified of available dispute resolution services from the FOIA Public Liaison of the agency or the Office of Government Information Services. The Commission proposes amendments to its regulations implementing the 2016 FOIA, 16 CFR part 1015, to incorporate these new statutory requirements. The proposed amendments would revise the Commission’s FOIA regulations to comply with the FOIA, as amended by the 2016 FOIA, and would update Commission procedures, contact information, and methods of submitting requests for records to the Commission, in addition to other conforming and technical revisions. Updating Commission procedures and Commission contact information would provide clarity for requesters seeking records from the Commission. Table of Contents Subpart A—Production or Disclosure Under 5 U.S.C. 552(a) I. Background Information II. Section-by-Section Analysis of the Proposed Revisions of the Procedures for Disclosure or Production of Information Under the Freedom of Information Act III. Environmental Issues IV. Regulatory Flexibility V. Paperwork Reduction VI. Preemption VII. Effective Date VIII. Request for Comments I. Background Information On June 30, 2016, the President signed into law the 2016 FOIA, Public Law 114–185 (2016). The 2016 FOIA amends the Freedom of Information Act, 5 U.S.C. 552, requiring an agency to review its FOIA regulations and issue regulations on procedures for the disclosure of records under the new amendments. Specifically, the 2016 FOIA requires: Certain records be available for public inspection in an electronic format; agencies to make available for public inspection in an electronic format records that have been requested three or more times; that an agency not withhold information under FOIA unless the agency reasonably foresees that disclosure would harm an interest protected by a FOIA Exemption or disclosure is prohibited by law; extending the number of days for an PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 II. Section-by-Section Analysis of the Proposed Revision of the Procedures for Disclosure or Production of Information Under the Freedom of Information Act Proposed Changes to § 1015.1 (Purpose and Scope) Initially, we would update § 1015.1(a) to add the Children’s Gasoline Burn Prevention Act, the Virginia Graeme Baker Pool and Spa Safety Act, and the Child Nicotine Poisoning Prevention Act to the scope of statutes for which records must be maintained in connection with the Commission’s responsibilities and functions under those acts because they were enacted after the last revision to the regulation in 1997. The proposal also would revise § 1015.1(b) to reflect new FOIA 5 U.S.C. 552(a)(8)(A), requiring agencies to analyze under a foreseeable harm standard the withholding of information permitted by the exemptions set forth in 5 U.S.C. 552(b). The proposal would allow information to be withheld pursuant to the exemptions, only if the Commission reasonably foresees that disclosure would harm an interest protected by a specific FOIA exemption, or if disclosure is otherwise prohibited by law. This proposal, consistent with the 2016 FOIA, would not require disclosure of information otherwise prohibited from disclosure by law, or otherwise exempted from disclosure E:\FR\FM\03JAP1.SGM 03JAP1

Agencies

[Federal Register Volume 82, Number 1 (Tuesday, January 3, 2017)]
[Proposed Rules]
[Pages 56-59]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31314]


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DEPARTMENT OF COMMERCE

Office of the Secretary

15 CFR Part 4

[Docket No. 161103999-6999-01]
RIN 0605-AA46


Public Information, Freedom of Information Act and Privacy Act 
Regulations

AGENCY: Department of Commerce.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: This rule proposes revisions to the Department of Commerce's 
(Department) regulations under the Privacy Act. The Department has 
issued a notice of its intent to establish a new system of records 
entitled ``COMMERCE/DEPARTMENT-27, Investigation and Threat Management 
Records,'' which includes system exemptions from certain provisions of 
the Privacy Act. The Privacy Act regulations are being updated to make 
technical changes to the applicable exemptions as a result of the new 
system of records, COMMERCE/DEPARTMENT-27. The Privacy Act regulations 
are also being updated to reflect organization changes affecting the 
Department's officials authorized to deny requests for records under 
the Freedom of Information Act, and

[[Page 57]]

requests for records and for correction or amendment under the Privacy 
Act.

DATES: To be considered, written comments must be submitted on or 
before February 2, 2017. If no comments are received, the rule will 
become effective as proposed on the date of publication of a subsequent 
notice in the Federal Register.

ADDRESSES: You may submit comments, identified by Regulatory 
Information Number (RIN) 0605-AA46, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: (202) 482-0827. Include the RIN 0605-AA46 in the 
subject line.
     Mail: Dr. Michael J. Toland, Deputy Chief Freedom of 
Information Act Officer and Department Privacy Act Officer, Office of 
Privacy and Open Government, 1401 Constitution Ave. NW., Room 52010, 
Washington, DC 20230.
    Instructions: All submissions received must include the agency name 
and docket number or RIN for this rulemaking. All comments received 
will be posted without change to regulations.gov, including any 
personal information provided. For detailed instructions on submitting 
comments and additional information on the rulemaking process, see the 
``Public Participation'' heading of the SUPPLEMENTARY INFORMATION 
section of this document.

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

SUPPLEMENTARY INFORMATION: This rule proposes revisions to the 
Department's regulations under the Privacy Act. In particular, the 
action will amend the Department's Privacy Act regulations regarding 
applicable exemptions to reflect a new Department wide systems of 
records notice published since the last time the regulations were 
updated. The Department has issued a notice of its intent to establish 
a new system of records entitled ``COMMERCE/DEPARTMENT-27, 
Investigation and Threat Management Records,'' which includes system 
exemptions from certain provisions of the Privacy Act. 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). 
Specifically, pursuant to 5 U.S.C. 552a(j)(2), all information about an 
individual in the record which meets the criteria stated in 5 U.S.C. 
552a(j)(2) are exempted from the notice, access and contest 
requirements of the agency regulations and from all parts of 5 U.S.C. 
552a except subsections (b), (c)(1) and (2), (e)(4)(A) through (F), 
(e)(6), (7), (9), (10), and (11), and (i). Pursuant to 5 U.S.C. 
552a(k)(1), (k)(2) and (k)(5) on condition that the 5 U.S.C. 552a(j)(2) 
exemption is held to be invalid, all investigatory material in the 
record which meets the criteria stated in 5 U.S.C. 552a(k)(1), (k)(2) 
and (k)(5) are exempted from the notice, access, and contest 
requirements (under 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), 
and (I), and (f)) of the agency regulations because of the necessity to 
exempt this information and material in order to accomplish the law 
enforcement function of the agency, to prevent disclosure of classified 
information as required by Executive Order 13526, to assure the 
protection of the President, to prevent subjects of investigation from 
frustrating the investigatory process, to prevent the disclosure of 
investigative techniques, to fulfill commitments made to protect the 
confidentiality of information, and to avoid endangering these sources 
and law enforcement personnel.
    Additionally, the revisions of the Privacy Act regulations in 
subpart B of part 4 incorporate changes to the language of the 
regulations in Appendix B (Officials Authorized To Deny Requests for 
Records Under the Freedom of Information Act, and Requests for Records 
and Requests for Correction or Amendment Under the Privacy Act). 
Specifically, this proposed action removes the reference to the 
``Office of Administrative Services: Director,'' and replaces it with 
the ``Office of Facilities and Environmental Quality: Director; Deputy 
Director,'' under the Assistant Secretary for Administration (ASA). The 
Department's ASA realigned the functions formerly under the ``Office of 
Administrative Services'' to existing administrative functions and 
aligned facility-related programs and operations under the ``Office of 
Facilities and Environmental Quality.'' The proposed actions better 
allocated responsibilities, aligned similar functions, improved 
internal controls and streamline reporting relationships. This proposed 
amendment updates the rules to implement that change. See Department 
Administrative Order 20-1, sections 1 and 4. This proposed action adds 
as a denying official the Deputy Chief FOIA Officer under the Office of 
Privacy and Open Government (OPOG). Previously, the Director of OPOG 
served as the Deputy Chief FOIA Officer, but now this position serves 
as the Department's Chief FOIA Officer. This action also removes the 
reference to the ``Bureau of Economic Analysis: Director,'' and 
replaces it with the ``Bureau of Economic Analysis: Freedom of 
Information Act Officer'' under the Economics and Statistics 
Administration (ESA). Previously, the ESA FOIA Officer administered the 
FOIA program for the Bureau of Economic Analysis (BEA). This proposed 
action merely separates the administration of the BEA FOIA program from 
the ESA program, as well as designates a BEA FOIA Officer and aligns 
the BEA FOIA program with other FOIA programs in the Department.
    Public Participation: Comments sent by any other method, to any 
other address or individual, or received after the end of the comment 
period, may not be considered by the Department. If you want to submit 
personal identifying information (such as your name, address, etc.) as 
part of your comment, but do not want it to be posted online, you must 
include the phrase ``PERSONAL IDENTIFYING INFORMATION'' in the first 
paragraph of your comment. You must also locate all the personal 
identifying information you do not want posted online in the first 
paragraph of your comment and identify what information you want 
redacted. If you want to submit confidential business information as 
part of your comment but do not want it to be posted online, you must 
include the phrase ``CONFIDENTIAL BUSINESS INFORMATION'' in the first 
paragraph of your comment. You must also prominently identify 
confidential business information to be redacted within the comment. If 
a comment has so much confidential business information that it cannot 
be effectively redacted, all or part of the comment may not be posted 
on http://www.regulations.gov. Personal identifying information and 
confidential business information identified and located as set forth 
above will be placed in the agency's public docket file, but not posted 
online. If you wish to inspect the agency's public docket file in 
person by appointment, please see the FOR FURTHER INFORMATION CONTACT 
paragraph.

Classification

Regulatory Flexibility Act

    The Chief Counsel for Regulation for the Department of Commerce has 
certified to the Chief Counsel for

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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 or regulatory impact on anyone, 
including small entities. 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.

Executive Order 12866

    It has been determined that this notice is not significant for 
purposes of E.O. 12866.

Paperwork Reduction Act

    This regulation does not contain a ``collection of information'' as 
defined by the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

List of Subjects in 15 CFR Part 4

    Freedom of information, Privacy.

Michael J. Toland,
Department of Commerce, Deputy Chief FOIA Officer, Department Privacy 
Act Officer.

    For the reasons stated in the preamble, the Department of Commerce 
proposes to amend 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)(5) to read as follows:


Sec.  4.33  General exemptions.

* * * * *
    (5) Investigation and Threat Management Records--COMMERCE/DEPT-27. 
Pursuant to 5 U.S.C. 552a(j)(2), these records are hereby determined to 
be exempt from all provisions of the Act, except 5 U.S.C. 552a(b), 
(c)(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 of the agency, to prevent 
disclosure of classified information as required by Executive Order 
13526, to assure the protection of the President, to prevent subjects 
of investigation from frustrating the investigatory process, to prevent 
the disclosure of investigative techniques, to fulfill commitments made 
to protect the confidentiality of information, and to avoid endangering 
these sources and law enforcement personnel.
0
3. Amend Sec.  4.34 by revising paragraph (a)(1), (b)(1), and 
(b)(4)(i); and by adding (b)(2)(i)(G) 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, COMMERCE/DEPT-25, 
and COMMERCE/DEPT-27.
* * * * *
    (b)(1) Exempt under 5 U.S.C. 552a(k)(1). The systems of records 
exempt hereunder appear in paragraph (a) of this section. The claims 
for exemption of COMMERCE/DEPT-12, COMMERCE/BIS-1, COMMERCE/NOAA-5, 
COMMERCE/DEPT-25, and COMMERCE/DEPT-27 under this paragraph are subject 
to the condition that the general exemption claimed in Sec.  4.33(b) is 
held to be invalid.
* * * * *
    (2)(i) * * *
    (G) Investigation and Threat Management Records--COMMERCE/DEPT-27, 
but only on condition that the general exemption claimed in Sec.  
4.33(b)(4) is held to be invalid;
* * * * *
    (b)(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;
    (K) Access Control and Identity Management System--COMMERCE/DEPT-
25, but only on condition that the general exemption claimed in Sec.  
4.33(b)(4) is held to be invalid; and
    (L) Investigation and Threat Management Records--COMMERCE/DEPT-27, 
but only on condition that the general exemption claimed in Sec.  
4.33(b)(4) is held to be invalid.
* * * * *
0
 4. Amend Appendix B to Part 4 by revising the entries for ``ASSISTANT 
SECRETARY FOR ADMNISTRATION'' and ``ECONOMICS AND STATISTICS 
ADMINISTRATION'' to read as follows:

Appendix B to Part 4--Officials Authorized To Deny Requests for Records 
Under the Freedom of Information Act, and Requests for Records and 
Requests for Correction or Amendment Under the Privacy Act

* * * * *

Assistant Secretary for Administration

Office of Civil Rights: Director
Office of Budget: Director
Office of Privacy and Open Government: Director; Deputy Chief FOIA 
Officer; Departmental Freedom of Information Officer
Office of Program Evaluation and Risk Management: Director
Office of Financial Management: Director
Office of Human Resources Management: Director; Deputy Director
Office of Facilities and Environmental Quality: Director; Deputy 
Director
Office of Security: Director
Office of Acquisition Management: Director
Office of Acquisition Services: Director
Office of Small and Disadvantaged Business Utilization: Director
* * * * *

Economics and Statistics Administration

Office of Administration: Director
Bureau of Economic Analysis: Freedom of Information Act Officer

[[Page 59]]

Bureau of the Census: Freedom of Information Act Officer
* * * * *
[FR Doc. 2016-31314 Filed 12-30-16; 8:45 am]
 BILLING CODE 3510-BX-P