Privacy Act; Implementation, 14622-14624 [2019-07122]

Download as PDF 14622 Federal Register / Vol. 84, No. 70 / Thursday, April 11, 2019 / Rules and Regulations Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note). VII. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements. are no U.S. registrations as of May 25, 2017 for use on pineapple and tea. 2 This tolerance expires on October 11, 2019. * * RIN 0991–AC10 Privacy Act; Implementation Department of Health and Human Services (HHS). ACTION: Final rule. 1. The authority citation for part 180 continues to read as follows: ■ Authority: 21 U.S.C. 321(q), 346a and 371. 2. In § 180.632, revise the table in paragraph (a) to read as follows: ■ The Department of Health and Human Services (HHS or Department) is issuing this final rule to make effective the exemptions that HHS proposed for certain records covered in a new Privacy Act system of records, System No. 09– 90–1701, HHS Insider Threat Program Records. This final rule is effective April 11, 2019. FOR FURTHER INFORMATION CONTACT: Michael W. Schmoyer, Assistant Deputy Secretary for National Security by email at insiderthreat@hhs.gov or telephone at (202) 690–5756, or by mail to the HHS Office of Security and Strategic Information (OSSI), 200 Independence Ave. SW, Washington, DC 20201. SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 552a (Privacy Act or Act), the exemptions were described in a Notice of Proposed Rulemaking (NPRM) published for public notice and comment at 83 FR 42627 (Aug. 23, 2018). The new system of records is described in a System of Records Notice (SORN) which was published for public notice and comment the same day, at 83 FR 42667 (Aug 23, 2018). Only law enforcement investigatory material and classified intelligence information were proposed to be exempted, based on subsections (k)(1) and (k)(2) of the Act, from the requirements contained in subsections (c)(3), (d)(1)-(4), (e)(1), (e)(4)(G), (H), and (I), and (f) of the Act, which require the agency to provide an accounting of disclosures; provide notification, access, and amendment rights, rules, and procedures; maintain only relevant and necessary information; and identify DATES: § 180.632 Fenazaquin; Tolerances for residues. (a) * * * Parts per million Jkt 247001 * 45 CFR Part 5b SUMMARY: 16:02 Apr 10, 2019 * BILLING CODE 6560–50–P Therefore, 40 CFR chapter I is amended as follows: VerDate Sep<11>2014 * [FR Doc. 2019–07173 Filed 4–10–19; 8:45 am] AGENCY: Almond, hulls .............................. Avocado ...................................... Berry, low growing, subgroup 13–07G ................................... Bushberry, subgroup 13–07B ..... Caneberry, subgroup 13–07A .... Fruit, Citrus, Group 10 except Grapefruit 2 .............................. Fruit, citrus, group 10–10 ........... Fruit, citrus, group 10–10, oil ..... Fruit, pome, group 11–10 ........... Fruit, small vine climbing, except fuzzy kiwifruit, subgroup 13– 07F .......................................... Fruit, stone, group 12–12 ........... Grape, raisin ............................... Hop, dried cones ........................ Nuts, Tree, Group 14–12 ........... Pea and bean, dried shelled, except soybean, subgroup 6C .... Pea and bean, succulent shelled, subgroup 6B .............. Peppermint, fresh leaves ............ Pineapple 1 .................................. Spearmint, fresh leaves .............. Tea, dried 1 ................................. Vegetable, cucurbit, group 9 ...... Vegetable, fruiting, group 8–10 .. 0.4 1 There Dated: March 28, 2019. Michael Goodis, Director, Registration Division, Office of Pesticide Programs. PART 180—[AMENDED] amozie on DSK9F9SC42PROD with RULES Vegetable, legume, edible podded, subgroup 6A ................... DEPARTMENT OF HEALTH AND HUMAN SERVICES List of Subjects in 40 CFR Part 180 Commodity Parts per million Commodity 4 0.15 2 0.8 0.7 0.5 0.4 20 0.6 0.7 2 0.8 30 0.02 0.3 0.03 10 0.2 10 9 0.3 0.3 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 categories of record sources. The NPRM also explained that if the HHS Insider Threat Program obtains law enforcement investigatory material from another Privacy Act system of records that has been exempted from Privacy Act requirements based on subsection (j)(2) of the Act, that material will be exempt in System No. 09–90–1701 to the same extent it is exempt in the source system, so it may be exempt from requirements in any of these subsections of the Act: (c)(3)–(4); (d)(1)–(4); (e)(1)–(3), (e)(4)(G)– (I), (e)(5), (e)(8), (e)(12); (f); (g); and (h). The comment period for the SORN and NPRM was open through September 24, 2018. No comments were received on the NPRM and no comments were received on the SORN. No changes to the proposed exemptions or to the SORN were made following the public comment period. The specific rationales that support the exemptions as to each affected Privacy Act provision, remain as stated in the NPRM; the exemptions from the particular subsections are necessary and appropriate, and justified for the following reasons: • 5 U.S.C. 552a(c)(3) (the requirement to provide accountings of disclosures) and 5 U.S.C. 552a(d)(1)–(4) (requirements addressing notification, access, and amendment rights, collectively referred to herein as access requirements). Providing individual record subjects with accountings of disclosures and with notification, access, and amendment rights with respect to Insider Threat Program records could reveal the existence of an investigation, investigative interest, investigative techniques, details about an investigation, security-sensitive information such as information about security measures and security vulnerabilities, information that must remain non-public to protect national security or personal privacy-identities of law enforcement personnel, or other sensitive or classified information. Revealing such information to record subjects would thwart or impede pending and future law enforcement investigations and efforts to protect national security, and would violate personal privacy. Revealing the information would enable record subjects or other persons to evade detection and apprehension by security and law enforcement personnel; destroy, conceal, or tamper with evidence or fabricate testimony; or harass, intimidate, harm, coerce, or retaliate against witnesses, complainants, investigators, security personnel, law enforcement personnel, or their family members, their employees, or other individuals. With E:\FR\FM\11APR1.SGM 11APR1 amozie on DSK9F9SC42PROD with RULES Federal Register / Vol. 84, No. 70 / Thursday, April 11, 2019 / Rules and Regulations respect to investigatory material compiled for law enforcement purposes, the exemption pursuant to 5 U.S.C. 552a(k)(2) from access requirements in subsection (d) of the Act is statutorily limited. If any individual is denied a right, privilege, or benefit to which the individual would otherwise be entitled by federal law or for which the individual would otherwise be eligible, access will be granted, except to the extent that the disclosure would reveal the identity of a source who furnished information to the Government under an express promise of confidentiality. • 5 U.S.C. 552a(e)(1) (the requirement to maintain only relevant and necessary information authorized by statute or Executive Order). It will not always be possible to determine at the time information is received or compiled in this system of records whether the information is or will be relevant and necessary to a law enforcement investigation or to protecting national security. For example, a tip or lead that does not appear relevant or necessary to uncovering an insider threat by itself or at the time the tip or lead is received may prove to be relevant and necessary when combined with other information that reveals a pattern or that comes to light later. • 5 U.S.C. 552a(e)(4)(G) and (H) (the requirements to describe procedures by which subjects may be notified of whether the system of records contains records about them and seek access or amendment of a record). These requirements concern individual access to records, and the records are exempt under (c) and (d), as described above. To the extent that (e)(4)(G) and (H) are interpreted to require more detailed procedures regarding record notification, access, or amendment than have been published in the Federal Register, exemption from those provisions is necessary for the same rationale as applies to (c) and (d). • 5 U.S.C. 552a(e)(4)(I) (the requirement to describe the categories of record sources). To the extent that this subsection is interpreted to require a more detailed description regarding the record sources in this system than has been published in the Federal Register, exemption from this provision is necessary to protect the sources of law enforcement and intelligence information and to protect the privacy and safety of witnesses and informants and others who provide information to HHS. Further, greater specificity of sources of properly classified records could compromise national security. Moreover, because records used in the Insider Threat Program could come from any source, it is not possible to know VerDate Sep<11>2014 16:02 Apr 10, 2019 Jkt 247001 every category in advance in order to list them all in the SORN. Some record source categories may not be appropriate to make public in the SORN if, for example, revealing them could enable record subjects or other individuals to discover investigative techniques and devise ways to bypass them to evade detection and apprehension. • 5 U.S.C. 552a(f) (the requirement to promulgate rules to implement provisions of the Privacy Act). To the extent that this subsection is interpreted to require agency rules addressing the above exempted requirements, exemption from this provision is also necessary to protect the sources of law enforcement and intelligence information and to protect the privacy and safety of witnesses and informants and others who provide information to HHS. Greater specificity in rulemaking regarding properly classified records could compromise national security. Accordingly, based on 5 U.S.C. 552a(k)(1) and (k)(2) and the specific rationales indicated above, HHS is now exempting law enforcement investigatory material and classified intelligence information in system of records 09–90–1701 HHS Insider Threat Program Records from subsections (c)(3), (d)(1)–(4), (e)(1), (e)(4)(G), (H), and (I), and (f) of the Act, which contain requirements to provide an accounting of disclosures; provide notification, access, and amendment rights, rules, and procedures; maintain only relevant and necessary information; and identify categories of record sources. In addition, HHS affirms that if the HHS Insider Threat Program obtains law enforcement investigatory material from another Privacy Act system of records that has been exempted from Privacy Act requirements based on subsection (j)(2) of the Act, that material will be exempt in System No. 09–90–1701 to the same extent it is exempt in the source system. Notwithstanding these exemptions, consideration will be given to any requests for notification, access, and amendment that are addressed to the System Manager, as provided in the SORN for system of records 09–90– 1701, and to accounting of disclosure requests. Where HHS determines that compliance with a request would not interfere with or adversely affect the purpose of this system of records to detect, deter, or mitigate insider threats, the applicable exemption may be waived by HHS in its sole discretion. The Federal Register notice containing the SORN proposed for new system of records 09–90–1701 provides for that SORN to be effective upon publication of this final rule. No PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 14623 changes were made to the SORN as a result of public comments and, therefore, the SORN, as published at 83 FR 42667 (Aug. 23, 2018), is now effective. Analysis of Impacts The agency has reviewed this rule under Executive Orders 12866 and 13563, which direct agencies to assess costs and benefits of available regulatory alternatives and, if regulation is necessary, to maximize the net benefits. The agency believes that this rule is not a significant regulatory action under Executive Order 12866, and therefore does not constitute an Executive Order 13771 regulatory action, because it will not (1) have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or state, local or tribal governments or communities; (2) create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) materially alter the budgetary impact of entitlements, grants, user fees or loan programs, or the rights and obligations of recipients thereof; or (4) raise novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles set forth in Executive Order 12866. The Regulatory Flexibility Act requires agencies to analyze regulatory options that would minimize any significant impact of a rule on small entities. Because the rule imposes no duties or obligations on small entities, the Department certifies that the rule will not have a significant economic impact on a substantial number of small entities. Section 202(a) of the Unfunded Mandates Reform Act of 1995 requires that agencies prepare a written statement, which includes an assessment of anticipated costs and benefits, before proposing ‘‘any rule that includes any Federal mandate that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more (adjusted annually for inflation) in any one year.’’ The current threshold after adjustment for inflation is $144 million, using the most current (2015) Implicit Price Deflator for the Gross Domestic Product. The Department does not expect that this final rule would result in any one-year expenditure that would meet or exceed this amount. List of Subjects in 45 CFR Part 5b Privacy. E:\FR\FM\11APR1.SGM 11APR1 14624 Federal Register / Vol. 84, No. 70 / Thursday, April 11, 2019 / Rules and Regulations For the reasons stated in the preamble, the Department amends part 5b of title 45 of the Code of Federal Regulations as follows: PART 5b—PRIVACY ACT REGULATIONS 1. The authority citation for part 5b continues to read as follows: ■ 2. Section 5b.11 is amended by adding paragraph (b)(2)(viii)(A) and reserved paragraph (b)(2)(viii)(B) to read as follows: ■ SUPPLEMENTARY INFORMATION: Correction Exempt systems. * * * * (b) * * * (2) * * * (viii) Pursuant to subsections (k)(1) and (k)(2) of the Act: (A) HHS Insider Threat Program Records, 09–90–1701. (B) [Reserved] * * * * * In the Federal Register of March 26, 2019, in FR Doc. 2019–05620, on page 11226, in the first column, the compliance dates are corrected to read as set forth in the DATES section above and the first paragraph of the ‘‘Compliance’’ section in SUPPLEMENTARY INFORMATION is corrected to read: Michael Schmoyer, Assistant Deputy Secretary for National Security. Dated: April 4, 2019. Alex M. Azar II, Secretary. ‘‘Compliance ‘‘The amendments of the Commission’s rules as set forth in this document are effective 30 days after publication of a notice in the Federal Register announcing approval by the Office of Management and Budget (OMB). Compliance will not be required for §§ 52.15(f)(1)(ii) and (f)(8), 52.103(d), and 64.1200(l)(1) until after approval by the OMB of information collection requirements contained in §§ 52.15(f)(8) and 64.1200(l)(1). The compliance date for §§ 52.15(f)(1)(ii) and (f)(8), 52.103(d), and 64.1200(l)(1) will be specified in a document published in the Federal Register. Compliance will not be required for § 64.1200(l)(2) until after approval by OMB and the reassigned numbers database administrator is ready to begin accepting reports of the data collected in accordance with § 64.1200(l)(1). The Commission will publish another document in the Federal Register announcing the compliance date for the requirements contained in § 64.1200(l)(2).’’ * [FR Doc. 2019–07122 Filed 4–10–19; 8:45 am] BILLING CODE 4151–17–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 52 and 64 [CG Docket No. 17–59; FCC 18–177] Advanced Methods To Target and Eliminate Unlawful Robocalls Federal Communications Commission. ACTION: Final rule; correction. AGENCY: The Federal Communications Commission (Commission) published a document in the Federal Register of March 26, 2019 (84 FR 11226), regarding the establishment of a single, comprehensive database that will contain the most recent permanent disconnection date for toll free numbers and for each number allocated to or ported to each provider that receives North American Numbering Plan U.S. geographic numbers. The document contained references to an incorrect rule section for compliance. This document corrects those inaccurate references. DATES: This correction is effective April 11, 2019. The compliance dates for the final rule published March 26, 2019, at SUMMARY: amozie on DSK9F9SC42PROD with RULES Josh Zeldis, Consumer Policy Division, Consumer and Governmental Affairs Bureau (CGB), at (202) 418–0715, email: Josh.Zeldis@fcc.gov. FOR FURTHER INFORMATION CONTACT: Authority: 5 U.S.C. 301, 5 U.S.C. 552a. § 5b.11 84 FR 11226, are corrected as follows: Compliance date: Compliance will not be required for §§ 52.15(f)(1)(ii) and (f)(8), 52.103(d), and 64.1200(l)(1) and (2) until the Commission publishes documents in the Federal Register announcing the compliance dates. VerDate Sep<11>2014 16:02 Apr 10, 2019 Jkt 247001 Federal Communications Commission. Katura Jackson, Federal Register Liaison Officer, Office of the Secretary. [FR Doc. 2019–06961 Filed 4–10–19; 8:45 am] BILLING CODE 6712–01–P PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 GENERAL SERVICES ADMINISTRATION 48 CFR Parts 511, 516, 532, 538, 546 and 552 [GSAR Amendment 2008–02; GSAR Case 2008–G517; Docket No. 2008–0007; Sequence No. 02] RIN 3090–AI68 General Services Administration Acquisition Regulation; GSAR Case 2008–G517; Cooperative PurchasingAcquisition of Security and Law Enforcement Related Goods and Services (Schedule 84) by State and Local Governments Through Federal Supply Schedules Office of Acquisition Policy, General Services Administration (GSA). ACTION: Final rule. AGENCY: The General Services Administration (GSA) is adopting as final, without change, an interim rule amending the General Services Administration Acquisition Regulation (GSAR) to implement The Local Preparedness Acquisition Act of 2008. The Act authorizes the Administrator of General Services to provide for the use by State or local governments of Federal Supply Schedules of the GSA safety equipment and services. DATES: Effective Date: May 13, 2019. FOR FURTHER INFORMATION CONTACT: Mr. Thomas O’Linn, Procurement Analyst, at 202–445–0390, for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202–501–4755. Please cite GSAR Case 2008–G517. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background As part of GSA’s regulatory reform efforts, GSA has been performing a comprehensive review of the regulatory requirements in the GSAR. As a part of these efforts, GSA discovered that a Federal Register notification had not been published to finalize this interim rule. As a result, GSA included as part of the Fall edition of the Unified Agenda of Federal Regulatory and Deregulatory Actions in the Federal Register at 83 FR 58086 on November 16, 2018 its intention to publish a final rule notification in the Federal Register. The purpose of this rule is the straightforward implementation of the statutory authority provided by Public Law 110–248, The Local Preparedness Acquisition Act to open Schedule 84 or any amended or subsequent version of that Federal supply classification group E:\FR\FM\11APR1.SGM 11APR1

Agencies

[Federal Register Volume 84, Number 70 (Thursday, April 11, 2019)]
[Rules and Regulations]
[Pages 14622-14624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07122]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

45 CFR Part 5b

RIN 0991-AC10


Privacy Act; Implementation

AGENCY: Department of Health and Human Services (HHS).

ACTION: Final rule.

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

SUMMARY: The Department of Health and Human Services (HHS or 
Department) is issuing this final rule to make effective the exemptions 
that HHS proposed for certain records covered in a new Privacy Act 
system of records, System No. 09-90-1701, HHS Insider Threat Program 
Records.

DATES: This final rule is effective April 11, 2019.

FOR FURTHER INFORMATION CONTACT: Michael W. Schmoyer, Assistant Deputy 
Secretary for National Security by email at [email protected] or 
telephone at (202) 690-5756, or by mail to the HHS Office of Security 
and Strategic Information (OSSI), 200 Independence Ave. SW, Washington, 
DC 20201.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 552a (Privacy 
Act or Act), the exemptions were described in a Notice of Proposed 
Rulemaking (NPRM) published for public notice and comment at 83 FR 
42627 (Aug. 23, 2018). The new system of records is described in a 
System of Records Notice (SORN) which was published for public notice 
and comment the same day, at 83 FR 42667 (Aug 23, 2018). Only law 
enforcement investigatory material and classified intelligence 
information were proposed to be exempted, based on subsections (k)(1) 
and (k)(2) of the Act, from the requirements contained in subsections 
(c)(3), (d)(1)-(4), (e)(1), (e)(4)(G), (H), and (I), and (f) of the 
Act, which require the agency to provide an accounting of disclosures; 
provide notification, access, and amendment rights, rules, and 
procedures; maintain only relevant and necessary information; and 
identify categories of record sources. The NPRM also explained that if 
the HHS Insider Threat Program obtains law enforcement investigatory 
material from another Privacy Act system of records that has been 
exempted from Privacy Act requirements based on subsection (j)(2) of 
the Act, that material will be exempt in System No. 09-90-1701 to the 
same extent it is exempt in the source system, so it may be exempt from 
requirements in any of these subsections of the Act: (c)(3)-(4); 
(d)(1)-(4); (e)(1)-(3), (e)(4)(G)-(I), (e)(5), (e)(8), (e)(12); (f); 
(g); and (h).
    The comment period for the SORN and NPRM was open through September 
24, 2018. No comments were received on the NPRM and no comments were 
received on the SORN. No changes to the proposed exemptions or to the 
SORN were made following the public comment period.
    The specific rationales that support the exemptions as to each 
affected Privacy Act provision, remain as stated in the NPRM; the 
exemptions from the particular subsections are necessary and 
appropriate, and justified for the following reasons:
     5 U.S.C. 552a(c)(3) (the requirement to provide 
accountings of disclosures) and 5 U.S.C. 552a(d)(1)-(4) (requirements 
addressing notification, access, and amendment rights, collectively 
referred to herein as access requirements). Providing individual record 
subjects with accountings of disclosures and with notification, access, 
and amendment rights with respect to Insider Threat Program records 
could reveal the existence of an investigation, investigative interest, 
investigative techniques, details about an investigation, security-
sensitive information such as information about security measures and 
security vulnerabilities, information that must remain non-public to 
protect national security or personal privacy-identities of law 
enforcement personnel, or other sensitive or classified information. 
Revealing such information to record subjects would thwart or impede 
pending and future law enforcement investigations and efforts to 
protect national security, and would violate personal privacy. 
Revealing the information would enable record subjects or other persons 
to evade detection and apprehension by security and law enforcement 
personnel; destroy, conceal, or tamper with evidence or fabricate 
testimony; or harass, intimidate, harm, coerce, or retaliate against 
witnesses, complainants, investigators, security personnel, law 
enforcement personnel, or their family members, their employees, or 
other individuals. With

[[Page 14623]]

respect to investigatory material compiled for law enforcement 
purposes, the exemption pursuant to 5 U.S.C. 552a(k)(2) from access 
requirements in subsection (d) of the Act is statutorily limited. If 
any individual is denied a right, privilege, or benefit to which the 
individual would otherwise be entitled by federal law or for which the 
individual would otherwise be eligible, access will be granted, except 
to the extent that the disclosure would reveal the identity of a source 
who furnished information to the Government under an express promise of 
confidentiality.
     5 U.S.C. 552a(e)(1) (the requirement to maintain only 
relevant and necessary information authorized by statute or Executive 
Order). It will not always be possible to determine at the time 
information is received or compiled in this system of records whether 
the information is or will be relevant and necessary to a law 
enforcement investigation or to protecting national security. For 
example, a tip or lead that does not appear relevant or necessary to 
uncovering an insider threat by itself or at the time the tip or lead 
is received may prove to be relevant and necessary when combined with 
other information that reveals a pattern or that comes to light later.
     5 U.S.C. 552a(e)(4)(G) and (H) (the requirements to 
describe procedures by which subjects may be notified of whether the 
system of records contains records about them and seek access or 
amendment of a record). These requirements concern individual access to 
records, and the records are exempt under (c) and (d), as described 
above. To the extent that (e)(4)(G) and (H) are interpreted to require 
more detailed procedures regarding record notification, access, or 
amendment than have been published in the Federal Register, exemption 
from those provisions is necessary for the same rationale as applies to 
(c) and (d).
     5 U.S.C. 552a(e)(4)(I) (the requirement to describe the 
categories of record sources). To the extent that this subsection is 
interpreted to require a more detailed description regarding the record 
sources in this system than has been published in the Federal Register, 
exemption from this provision is necessary to protect the sources of 
law enforcement and intelligence information and to protect the privacy 
and safety of witnesses and informants and others who provide 
information to HHS. Further, greater specificity of sources of properly 
classified records could compromise national security. Moreover, 
because records used in the Insider Threat Program could come from any 
source, it is not possible to know every category in advance in order 
to list them all in the SORN. Some record source categories may not be 
appropriate to make public in the SORN if, for example, revealing them 
could enable record subjects or other individuals to discover 
investigative techniques and devise ways to bypass them to evade 
detection and apprehension.
     5 U.S.C. 552a(f) (the requirement to promulgate rules to 
implement provisions of the Privacy Act). To the extent that this 
subsection is interpreted to require agency rules addressing the above 
exempted requirements, exemption from this provision is also necessary 
to protect the sources of law enforcement and intelligence information 
and to protect the privacy and safety of witnesses and informants and 
others who provide information to HHS. Greater specificity in 
rulemaking regarding properly classified records could compromise 
national security.
    Accordingly, based on 5 U.S.C. 552a(k)(1) and (k)(2) and the 
specific rationales indicated above, HHS is now exempting law 
enforcement investigatory material and classified intelligence 
information in system of records 09-90-1701 HHS Insider Threat Program 
Records from subsections (c)(3), (d)(1)-(4), (e)(1), (e)(4)(G), (H), 
and (I), and (f) of the Act, which contain requirements to provide an 
accounting of disclosures; provide notification, access, and amendment 
rights, rules, and procedures; maintain only relevant and necessary 
information; and identify categories of record sources. In addition, 
HHS affirms that if the HHS Insider Threat Program obtains law 
enforcement investigatory material from another Privacy Act system of 
records that has been exempted from Privacy Act requirements based on 
subsection (j)(2) of the Act, that material will be exempt in System 
No. 09-90-1701 to the same extent it is exempt in the source system.
    Notwithstanding these exemptions, consideration will be given to 
any requests for notification, access, and amendment that are addressed 
to the System Manager, as provided in the SORN for system of records 
09-90-1701, and to accounting of disclosure requests. Where HHS 
determines that compliance with a request would not interfere with or 
adversely affect the purpose of this system of records to detect, 
deter, or mitigate insider threats, the applicable exemption may be 
waived by HHS in its sole discretion.
    The Federal Register notice containing the SORN proposed for new 
system of records 09-90-1701 provides for that SORN to be effective 
upon publication of this final rule. No changes were made to the SORN 
as a result of public comments and, therefore, the SORN, as published 
at 83 FR 42667 (Aug. 23, 2018), is now effective.

Analysis of Impacts

    The agency has reviewed this rule under Executive Orders 12866 and 
13563, which direct agencies to assess costs and benefits of available 
regulatory alternatives and, if regulation is necessary, to maximize 
the net benefits. The agency believes that this rule is not a 
significant regulatory action under Executive Order 12866, and 
therefore does not constitute an Executive Order 13771 regulatory 
action, because it will not (1) have an annual effect on the economy of 
$100 million or more or adversely affect in a material way the economy, 
a sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or state, local or tribal 
governments or communities; (2) create a serious inconsistency or 
otherwise interfere with an action taken or planned by another agency; 
(3) materially alter the budgetary impact of entitlements, grants, user 
fees or loan programs, or the rights and obligations of recipients 
thereof; or (4) raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
Executive Order 12866.
    The Regulatory Flexibility Act requires agencies to analyze 
regulatory options that would minimize any significant impact of a rule 
on small entities. Because the rule imposes no duties or obligations on 
small entities, the Department certifies that the rule will not have a 
significant economic impact on a substantial number of small entities.
    Section 202(a) of the Unfunded Mandates Reform Act of 1995 requires 
that agencies prepare a written statement, which includes an assessment 
of anticipated costs and benefits, before proposing ``any rule that 
includes any Federal mandate that may result in the expenditure by 
State, local, and tribal governments, in the aggregate, or by the 
private sector, of $100,000,000 or more (adjusted annually for 
inflation) in any one year.'' The current threshold after adjustment 
for inflation is $144 million, using the most current (2015) Implicit 
Price Deflator for the Gross Domestic Product. The Department does not 
expect that this final rule would result in any one-year expenditure 
that would meet or exceed this amount.

List of Subjects in 45 CFR Part 5b

    Privacy.


[[Page 14624]]


    For the reasons stated in the preamble, the Department amends part 
5b of title 45 of the Code of Federal Regulations as follows:

PART 5b--PRIVACY ACT REGULATIONS

0
1. The authority citation for part 5b continues to read as follows:

    Authority: 5 U.S.C. 301, 5 U.S.C. 552a.

0
2. Section 5b.11 is amended by adding paragraph (b)(2)(viii)(A) and 
reserved paragraph (b)(2)(viii)(B) to read as follows:


Sec.  5b.11   Exempt systems.

* * * * *
    (b) * * *
    (2) * * *
    (viii) Pursuant to subsections (k)(1) and (k)(2) of the Act:
    (A) HHS Insider Threat Program Records, 09-90-1701.
    (B) [Reserved]
* * * * *

Michael Schmoyer,
Assistant Deputy Secretary for National Security.
    Dated: April 4, 2019.
Alex M. Azar II,
Secretary.
[FR Doc. 2019-07122 Filed 4-10-19; 8:45 am]
 BILLING CODE 4151-17-P
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