Submission for OMB Review; Comment Request; Correction, 31553-31554 [2017-14110]

Download as PDF Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Notices Meeting Agenda I. Approval of Agenda II. Business Meeting A. Discussion and Vote on 2018 Business Meeting Dates B. State Advisory Committees • Presentation by Ms. Diane Citrino, Chair of the Ohio Advisory Committee, on its report on Human Trafficking in Ohio • Presentation by Mr. Wendell Blaylock, Chair of the Nevada Advisory Committee, on its Advisory Memorandum on Municipal Fines and Fees in Nevada C. Management and Operations • Staff Director’s Report D. Presentation on the Americans with Disabilities Act by Rebecca Cokley, Executive Director, the National Council on Disability III. Adjourn Meeting Dated: July 5, 2017. Brian Walch, Director, Communications and Public Engagement. [FR Doc. 2017–14386 Filed 7–5–17; 4:15 pm] BILLING CODE 6335–01–P DEPARTMENT OF COMMERCE Census Bureau asabaliauskas on DSKBBXCHB2PROD with NOTICES Submission for OMB Review; Comment Request; Correction This is a correction to FR 2017–13778, which should have listed Census as the submitting agency instead of the Department of Commerce. The remainder of the document as published on June 30, 2017 (82 FR 29843) is republished in its entirety below. Under 44 U.S.C. 3506(e) and 13 U.S.C. Section 9, the U.S. Census Bureau is seeking comments on revisions to the confidentiality pledge it provides to its respondents under Title 13, United States Code, Section 9. These revisions are required by the passage and implementation of provisions of the Federal Cybersecurity Enhancement Act of 2015 (6 U.S.C. 1501 note), which require the Secretary of Homeland Security to provide Federal civilian agencies’ information technology systems with cybersecurity protection for their Internet traffic. More details on this announcement are presented in the SUPPLEMENTARY INFORMATION section below. The previous notice for public comment, titled ‘‘Agency Information Collection Activities; Request for Comments; Revision of the Confidentiality Pledge under Title 13 United States Code, Section 9’’ was VerDate Sep<11>2014 20:56 Jul 06, 2017 Jkt 241001 published in the Federal Register on December 23, 2016 (Vol. 81, No. 247, pp. 94321–94324), allowing for a 60 day comment period. The Census Bureau received two comments, which are addressed within this notice. SUPPLEMENTARY INFORMATION: I. Background On December 18, 2015, Congress passed the Federal Cybersecurity Enhancement Act of 2015 (the Act) (6 U.S.C. 1501 note). The Act requires the Department of Homeland Security to deploy for use by other agencies a program with the ‘‘capability to detect cybersecurity risks in network traffic transiting or traveling to or from an agency information system.’’ 1 The Act requires each agency to ‘‘apply and continue to utilize the capabilities to all information traveling between an agency information system and any information system other than an agency information system.’’ 2 The DHS program is known as EINSTEIN, and DHS currently operates version 3A (E3A). Importantly, the Act provides that DHS may use the information collected through EINSTEIN ‘‘only to protect information and information systems from cybersecurity risks.’’ 3 The Act does not authorize DHS to use information collected through EINSTEIN for any other purposes, including law enforcement purposes. In response to the passage of the Act, the Census Bureau considered whether it should revise its confidentially pledge. The Census Bureau’s Center for Survey Measurement (CSM) joined the interagency Statistical Community of Practice and Engagement (SCOPE) Confidentiality Pledge Revision Subcommittee, which developed and evaluated the revision to the confidentiality pledge language. SCOPE and CSM conducted remote and inperson cognitive testing of the potential revised confidentiality pledge. The Census Bureau based its revised confidentiality pledge on the results of these tests. The revised confidentiality pledge utilizes the language the Census Bureau determined would best communicate the essential information to respondents while not negatively affecting response rates. The following 1 Sec. 230(b)(1)(A) of the Homeland Security Act of 2002 (6 U.S.C. 151(b)(1)(A)), as added by section 223((a)(6) of the Federal Cybersecurity Enhancement Act of 2015. 2 Section 223(b)(1)(A) (6 U.S.C. 151 note) of the Federal Cybersecurity Enhancement Act of 2015. 3 Section 230(c)(3) of the Homeland Security Act of 2002 (6 U.S.C. 151(c)(3)), as added by section 223(a)(6) of the Federal Cybersecurity Enhancement Act of 2015. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 31553 is the revised statistical confidentiality pledge for the Census Bureau’s data collections: The U.S. Census Bureau is required by law to protect your information. The Census Bureau is not permitted to publicly release your responses in a way that could identify you. Per the Federal Cybersecurity Enhancement Act of 2015, your data are protected from cybersecurity risks through screening of the systems that transmit your data. On December 23, 2016, the Census Bureau requested comments on the revised confidentiality pledge. During the public comment period, the Census Bureau received two comments from the Asian Americans Advancing Justice (AAJC) and American-Arab AntiDiscrimination Committee (ADC). II. Comments and Responses In response to the Census Bureau’s revised confidentiality pledge, AAJC and the ADC provided comments and suggestions to the Census Bureau. These comments and suggestions, along with the Census Bureau’s responses are below. 1. The AAJC and the ADC both expressed concerns about the effect of the revised confidentiality pledge on the accuracy of the results of the Census Bureau’s survey. Response: The Census Bureau is committed to collecting the most complete and accurate data. The Census Bureau takes the collection and protection of respondent information very seriously and has since the first Decennial Census in 1790. As a statistical agency committed to ensuring the collection and publication of accurate data, the Census Bureau continually conducts extensive research and testing to inform census and survey design. This research and testing confirms key technologies, outreach and promotional strategies, data collection methods, and management and response processes to allow the Census Bureau to maximize response rates and ensure the accuracy of the data collected. We also uphold a strong data stewardship culture to ensure that any decisions we make will fulfill our legal and ethical obligations to respect your privacy and protect the confidentiality of your information. The revised confidentiality pledge utilizes language that the Census Bureau determined, after cognitive testing, would not negatively affect response rates, and hence the accuracy of the survey results. 2. The ‘‘ADC has serious concerns on the ability of [DHS] to . . . access . . . people’s personal information on the server.’’ E:\FR\FM\07JYN1.SGM 07JYN1 asabaliauskas on DSKBBXCHB2PROD with NOTICES 31554 Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Notices Response: E3A does not provide DHS with access to a respondent’s personal information. E3A does not currently decrypt respondent information or scan data at rest on Census Bureau information systems. Moreover, the Act limits the use of any information collected, stating that the DHS may use information obtained through activities authorized under this section ‘‘only to protect information and information systems from cybersecurity risks.’’ (6 U.S.C. 151(c)(3)). EINSTEIN also provides greater protection for the Census Bureau’s information and information systems than would otherwise exist. EINSTEIN enables DHS to detect cyber threat indicators traveling or transiting to or from one agency’s information system, and to share those indicators with other agencies, thereby making all agencies’ information systems more secure. The necessity of providing DHS limited access to such information—information which DHS can only use for cybersecurity purposes—is not only required by the Federal Cybersecurity Enhancement Act, but has a net positive impact of the security of information respondents provide to the Census Bureau. 3. The ADC is concerned that ‘‘there is a lack of safeguards in place on who has access to information through EINSTEIN.’’ Response: In addition to the safeguards contained in the Act, the Census Bureau works with DHS to protect information DHS may access through EINSTEIN. These additional safeguards cover the collection, retention, use, and disclosure of information. The safeguards also include notification and reporting requirements in the unlikely event that any unauthorized access, use, or dissemination of any Census Bureau information would occur. To reiterate, the information at issue is not a respondent’s personal information, rather, it is cyber threat information. E3A does not provide DHS with access to a respondent’s personal information. E3A does not currently decrypt respondent information or scan data at rest on Census Bureau information systems. 4. The ADC is concerned that the revised confidentiality pledge ‘‘raises flags on improper use of such information.’’ Response: The Act limits DHS’s use of information collected pursuant to the Act to the protection of ‘‘information and information systems from cybersecurity risks.’’ To be clear, DHS’s use of the information for any other purpose would be unlawful. VerDate Sep<11>2014 20:56 Jul 06, 2017 Jkt 241001 5. The AAJC suggests that the protections contained in Title 13 and the Confidential Information Protection and Statistical Efficiency Act (CIPSEA), both of which limit the use and disclosure of information collected, should control the information at issue. Response: Pursuant to the Act, each agency must ‘‘apply and continue to utilize the capabilities to all information traveling between an agency information system and any information system other than an agency information system.’’ Congress authorized that, notwithstanding the protections previously afforded to information by other laws, such as Title 13, for the purpose of protecting agency information systems from cyber attacks, DHS may access information transiting and traveling to or from an agency information system. Census Bureau employees remain subject to the penalties contained in Title 13, including a federal prison sentence of up to five years and a fine of up to $250,000, or both. 6. The AAJC suggests that either the Census Bureau employees ‘‘perform Einstein 3A functions for Census Bureau internet traffic’’ or that ‘‘DHS employees monitoring Census Bureau internet traffic under Einstein 3A take the current Title 13 confidentiality pledge.’’ Response: The Act provides DHS access to network traffic transiting or traveling to or from the Census Bureau’s information systems, notwithstanding the protections previously afforded to information by other laws, such as Title 13. The Act also requires each agency to ‘‘apply and continue to utilize the capabilities to all information traveling between an agency information system and any information system other than an agency information system.’’ In addition to the safeguards contained in the Act, the Census Bureau works with DHS to safeguard respondent information. These additional safeguards cover the collection, retention, use, and disclosure of information. The safeguards also include notification and reporting requirements that would apply in the unlikely event that any unauthorized access, use, or dissemination of any Census Bureau information would occur. III. Data Agency: U.S. Census Bureau, Department of Commerce. Title: Revision of the Confidentiality Pledge under Title 13 United States Code, Section 9. OMB Control Number: 0607–0993. Form Number(s): None. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Affected Public: All survey respondents to Census Bureau data collections. Legal Authority: 44 U.S.C. 3506(e) and 13 U.S.C. Section 9. This information collection request may be viewed at www.reginfo.gov. Follow the instructions to view Department of Commerce collections currently under review by OMB. IV. Request for Comments Comments are invited on the necessity and efficacy of the Census Bureau’s revised confidentiality pledge above. Comments submitted in response to this notice will become a matter of public record. Comments should be sent within 30 days of publication of this notice to OIRA_Submission@ omb.eop.gov or fax to (202) 395–5806. Sheleen Dumas, Departmental PRA Lead, Office of the Chief Information Officer. [FR Doc. 2017–14110 Filed 7–6–17; 8:45 am] BILLING CODE 3510–07–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–46–2017] Foreign-Trade Zone (FTZ) 106— Oklahoma City, Oklahoma, Notification of Proposed Production Activity, Eastman Kodak Company, (Printing Flexographic Plates), Weatherford, Oklahoma Eastman Kodak Company (Eastman Kodak) submitted a notification of proposed production activity to the FTZ Board for its facility in Weatherford, Oklahoma. The notification conforming to the requirements of the regulations of the FTZ Board (15 CFR 400.22) was received on June 21, 2017. The request indicates that a separate application for subzone designation for the Eastman Kodak facility under FTZ 106 will be submitted. The facilities will be used to produce printing flexographic plates. Pursuant to 15 CFR 400.14(b), FTZ activity would be limited to the specific foreign-status materials/ components and specific finished products described in the submitted notification (as described below) and subsequently authorized by the FTZ Board. Production under FTZ procedures could exempt Eastman Kodak from customs duty payments on the foreignstatus materials/components used in export production. On its domestic sales, for the foreign-status materials/ components noted below, Eastman E:\FR\FM\07JYN1.SGM 07JYN1

Agencies

[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Notices]
[Pages 31553-31554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14110]


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

DEPARTMENT OF COMMERCE

Census Bureau


Submission for OMB Review; Comment Request; Correction

    This is a correction to FR 2017-13778, which should have listed 
Census as the submitting agency instead of the Department of Commerce. 
The remainder of the document as published on June 30, 2017 (82 FR 
29843) is republished in its entirety below.
    Under 44 U.S.C. 3506(e) and 13 U.S.C. Section 9, the U.S. Census 
Bureau is seeking comments on revisions to the confidentiality pledge 
it provides to its respondents under Title 13, United States Code, 
Section 9. These revisions are required by the passage and 
implementation of provisions of the Federal Cybersecurity Enhancement 
Act of 2015 (6 U.S.C. 1501 note), which require the Secretary of 
Homeland Security to provide Federal civilian agencies' information 
technology systems with cybersecurity protection for their Internet 
traffic. More details on this announcement are presented in the 
SUPPLEMENTARY INFORMATION section below. The previous notice for public 
comment, titled ``Agency Information Collection Activities; Request for 
Comments; Revision of the Confidentiality Pledge under Title 13 United 
States Code, Section 9'' was published in the Federal Register on 
December 23, 2016 (Vol. 81, No. 247, pp. 94321-94324), allowing for a 
60 day comment period. The Census Bureau received two comments, which 
are addressed within this notice.

SUPPLEMENTARY INFORMATION:

I. Background

    On December 18, 2015, Congress passed the Federal Cybersecurity 
Enhancement Act of 2015 (the Act) (6 U.S.C. 1501 note). The Act 
requires the Department of Homeland Security to deploy for use by other 
agencies a program with the ``capability to detect cybersecurity risks 
in network traffic transiting or traveling to or from an agency 
information system.'' \1\ The Act requires each agency to ``apply and 
continue to utilize the capabilities to all information traveling 
between an agency information system and any information system other 
than an agency information system.'' \2\ The DHS program is known as 
EINSTEIN, and DHS currently operates version 3A (E3A).
---------------------------------------------------------------------------

    \1\ Sec. 230(b)(1)(A) of the Homeland Security Act of 2002 (6 
U.S.C. 151(b)(1)(A)), as added by section 223((a)(6) of the Federal 
Cybersecurity Enhancement Act of 2015.
    \2\ Section 223(b)(1)(A) (6 U.S.C. 151 note) of the Federal 
Cybersecurity Enhancement Act of 2015.
---------------------------------------------------------------------------

    Importantly, the Act provides that DHS may use the information 
collected through EINSTEIN ``only to protect information and 
information systems from cybersecurity risks.'' \3\ The Act does not 
authorize DHS to use information collected through EINSTEIN for any 
other purposes, including law enforcement purposes.
---------------------------------------------------------------------------

    \3\ Section 230(c)(3) of the Homeland Security Act of 2002 (6 
U.S.C. 151(c)(3)), as added by section 223(a)(6) of the Federal 
Cybersecurity Enhancement Act of 2015.
---------------------------------------------------------------------------

    In response to the passage of the Act, the Census Bureau considered 
whether it should revise its confidentially pledge. The Census Bureau's 
Center for Survey Measurement (CSM) joined the interagency Statistical 
Community of Practice and Engagement (SCOPE) Confidentiality Pledge 
Revision Subcommittee, which developed and evaluated the revision to 
the confidentiality pledge language. SCOPE and CSM conducted remote and 
in-person cognitive testing of the potential revised confidentiality 
pledge. The Census Bureau based its revised confidentiality pledge on 
the results of these tests. The revised confidentiality pledge utilizes 
the language the Census Bureau determined would best communicate the 
essential information to respondents while not negatively affecting 
response rates. The following is the revised statistical 
confidentiality pledge for the Census Bureau's data collections:
    The U.S. Census Bureau is required by law to protect your 
information. The Census Bureau is not permitted to publicly release 
your responses in a way that could identify you. Per the Federal 
Cybersecurity Enhancement Act of 2015, your data are protected from 
cybersecurity risks through screening of the systems that transmit your 
data.
    On December 23, 2016, the Census Bureau requested comments on the 
revised confidentiality pledge. During the public comment period, the 
Census Bureau received two comments from the Asian Americans Advancing 
Justice (AAJC) and American-Arab Anti-Discrimination Committee (ADC).

II. Comments and Responses

    In response to the Census Bureau's revised confidentiality pledge, 
AAJC and the ADC provided comments and suggestions to the Census 
Bureau. These comments and suggestions, along with the Census Bureau's 
responses are below.
    1. The AAJC and the ADC both expressed concerns about the effect of 
the revised confidentiality pledge on the accuracy of the results of 
the Census Bureau's survey.
    Response: The Census Bureau is committed to collecting the most 
complete and accurate data. The Census Bureau takes the collection and 
protection of respondent information very seriously and has since the 
first Decennial Census in 1790. As a statistical agency committed to 
ensuring the collection and publication of accurate data, the Census 
Bureau continually conducts extensive research and testing to inform 
census and survey design. This research and testing confirms key 
technologies, outreach and promotional strategies, data collection 
methods, and management and response processes to allow the Census 
Bureau to maximize response rates and ensure the accuracy of the data 
collected. We also uphold a strong data stewardship culture to ensure 
that any decisions we make will fulfill our legal and ethical 
obligations to respect your privacy and protect the confidentiality of 
your information. The revised confidentiality pledge utilizes language 
that the Census Bureau determined, after cognitive testing, would not 
negatively affect response rates, and hence the accuracy of the survey 
results.
    2. The ``ADC has serious concerns on the ability of [DHS] to . . . 
access . . . people's personal information on the server.''

[[Page 31554]]

    Response: E3A does not provide DHS with access to a respondent's 
personal information. E3A does not currently decrypt respondent 
information or scan data at rest on Census Bureau information systems. 
Moreover, the Act limits the use of any information collected, stating 
that the DHS may use information obtained through activities authorized 
under this section ``only to protect information and information 
systems from cybersecurity risks.'' (6 U.S.C. 151(c)(3)).
    EINSTEIN also provides greater protection for the Census Bureau's 
information and information systems than would otherwise exist. 
EINSTEIN enables DHS to detect cyber threat indicators traveling or 
transiting to or from one agency's information system, and to share 
those indicators with other agencies, thereby making all agencies' 
information systems more secure. The necessity of providing DHS limited 
access to such information--information which DHS can only use for 
cybersecurity purposes--is not only required by the Federal 
Cybersecurity Enhancement Act, but has a net positive impact of the 
security of information respondents provide to the Census Bureau.
    3. The ADC is concerned that ``there is a lack of safeguards in 
place on who has access to information through EINSTEIN.''
    Response: In addition to the safeguards contained in the Act, the 
Census Bureau works with DHS to protect information DHS may access 
through EINSTEIN. These additional safeguards cover the collection, 
retention, use, and disclosure of information. The safeguards also 
include notification and reporting requirements in the unlikely event 
that any unauthorized access, use, or dissemination of any Census 
Bureau information would occur.
    To reiterate, the information at issue is not a respondent's 
personal information, rather, it is cyber threat information. E3A does 
not provide DHS with access to a respondent's personal information. E3A 
does not currently decrypt respondent information or scan data at rest 
on Census Bureau information systems.
    4. The ADC is concerned that the revised confidentiality pledge 
``raises flags on improper use of such information.''
    Response: The Act limits DHS's use of information collected 
pursuant to the Act to the protection of ``information and information 
systems from cybersecurity risks.'' To be clear, DHS's use of the 
information for any other purpose would be unlawful.
    5. The AAJC suggests that the protections contained in Title 13 and 
the Confidential Information Protection and Statistical Efficiency Act 
(CIPSEA), both of which limit the use and disclosure of information 
collected, should control the information at issue.
    Response: Pursuant to the Act, each agency must ``apply and 
continue to utilize the capabilities to all information traveling 
between an agency information system and any information system other 
than an agency information system.'' Congress authorized that, 
notwithstanding the protections previously afforded to information by 
other laws, such as Title 13, for the purpose of protecting agency 
information systems from cyber attacks, DHS may access information 
transiting and traveling to or from an agency information system. 
Census Bureau employees remain subject to the penalties contained in 
Title 13, including a federal prison sentence of up to five years and a 
fine of up to $250,000, or both.
    6. The AAJC suggests that either the Census Bureau employees 
``perform Einstein 3A functions for Census Bureau internet traffic'' or 
that ``DHS employees monitoring Census Bureau internet traffic under 
Einstein 3A take the current Title 13 confidentiality pledge.''
    Response: The Act provides DHS access to network traffic transiting 
or traveling to or from the Census Bureau's information systems, 
notwithstanding the protections previously afforded to information by 
other laws, such as Title 13. The Act also requires each agency to 
``apply and continue to utilize the capabilities to all information 
traveling between an agency information system and any information 
system other than an agency information system.''
    In addition to the safeguards contained in the Act, the Census 
Bureau works with DHS to safeguard respondent information. These 
additional safeguards cover the collection, retention, use, and 
disclosure of information. The safeguards also include notification and 
reporting requirements that would apply in the unlikely event that any 
unauthorized access, use, or dissemination of any Census Bureau 
information would occur.

III. Data

    Agency: U.S. Census Bureau, Department of Commerce.
    Title: Revision of the Confidentiality Pledge under Title 13 United 
States Code, Section 9.
    OMB Control Number: 0607-0993.
    Form Number(s): None.
    Affected Public: All survey respondents to Census Bureau data 
collections.
    Legal Authority: 44 U.S.C. 3506(e) and 13 U.S.C. Section 9.
    This information collection request may be viewed at 
www.reginfo.gov. Follow the instructions to view Department of Commerce 
collections currently under review by OMB.

IV. Request for Comments

    Comments are invited on the necessity and efficacy of the Census 
Bureau's revised confidentiality pledge above. Comments submitted in 
response to this notice will become a matter of public record. Comments 
should be sent within 30 days of publication of this notice to 
OIRA_Submission@omb.eop.gov or fax to (202) 395-5806.

Sheleen Dumas,
Departmental PRA Lead, Office of the Chief Information Officer.
[FR Doc. 2017-14110 Filed 7-6-17; 8:45 am]
BILLING CODE 3510-07-P