Privacy Act of 1974; Implementation, 498-499 [2020-28791]
Download as PDF
498
Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Proposed Rules
(3) How would the removal of
Division 1.1 explosives impact the
security posture of chemical facilities?
(4) Would the removal of Division 1.1
explosives impact the regulatory burden
of CFATS on chemical facilities? If so,
in what ways and to what extent?
V. Signature
The Acting Secretary of Homeland
Security, Chad F. Wolf, having reviewed
and approved this document, has
delegated the authority to electronically
sign this document to Chad R. Mizelle,
who is the Senior Official Performing
the Duties of the General Counsel for
DHS, for purposes of publication in the
Federal Register.
Chad R. Mizelle,
Senior Official Performing the Duties of the
General Counsel Department of Homeland
Security.
BILLING CODE 4410–10–P
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 310
[Docket ID DoD–2020–OS–0095]
RIN 0790–AK96
Privacy Act of 1974; Implementation
Department of Defense (DoD).
Proposed rule.
AGENCY:
The DoD is giving concurrent
notice of an updated system of records
pursuant to the Privacy Act of 1974 for
the DoD 0004 ‘‘Defense Repository for
Common Enterprise Data (DRCED)’’
system of records and this proposed
rulemaking. In this proposed
rulemaking, the Department proposes to
exempt portions of the DRCED system of
records from certain provisions of the
Privacy Act because of national security
requirements.
DATES: Send comments on or before
March 8, 2021.
ADDRESSES: You may submit comments,
identified by docket number and title,
by any of the following methods:
• Federal Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: The DoD cannot receive
written comments at this time due to the
COVID–19 pandemic. Comments should
be sent electronically to the docket
listed above.
Instructions: All submissions received
must include the agency name and
docket number for this Federal Register
jbell on DSKJLSW7X2PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
16:47 Jan 05, 2021
Jkt 253001
Ms.
Lyn Kirby, Chief, Defense Privacy, Civil
Liberties, and Transparency Division,
Directorate for Oversight and
Compliance, Department of Defense,
4800 Mark Center Drive, Mailbox #24,
Suite 08D09, Alexandria, VA 22350–
1700; OSD.DPCLTD@mail.mil; (703)
571–0070.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Background
[FR Doc. 2020–27768 Filed 1–5–21; 8:45 am]
ACTION:
document. The general policy for
comments and other submissions from
members of the public is to make these
submissions available for public
viewing on the internet at https://
www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
The DoD 0004 DRCED system of
records is a DoD-wide system of records
that supports multiple information
systems that provide DoD-wide and
component-level enterprise solutions for
integrating and analyzing targeted data
from existing DoD systems to develop
timely, actionable, and insightful
conclusions in support of national
strategies. These systems are used to
automate financial and business
transactions, perform cost-management
analysis, produce oversight and audit
reports, and provide critical data linking
to improve performance of mission
objectives. These systems are also
capable of creating predictive analytic
models based upon specific data
streams to equip decision makers with
critical data necessary for execution of
fiscal and operational requirements.
II. Privacy Act Exemption
The Privacy Act allows federal
agencies to exempt eligible records in a
system of records from certain
provisions of the Act, including the
provisions providing individuals with a
right to request access to and
amendment of their own records. If an
agency intends to exempt a particular
system of records, it must typically first
go through the rulemaking process to
provide public notice and an
opportunity to comment on the
proposed exemption. This proposed
rule explains why an exemption is being
claimed for this system of records and
invites public comment, which DoD
will consider before the issuance of a
final rule implementing the exemption.
The DoD proposes to modify 32 CFR
part 310 to add a new Privacy Act
exemption rule for the DoD 0004
DRCED system of records. The DoD
proposes an exemption for DoD 0004
DRCED because some of its records may
PO 00000
Frm 00004
Fmt 4702
Sfmt 4702
contain classified national security
information and disclosure of those
records to an individual may cause
damage to national security. The
Privacy Act, pursuant to 5 U.S.C.
552a(k)(1), authorizes agencies to claim
an exemption for systems of records that
contain information properly classified
pursuant to executive order. DoD is
proposing to claim an exemption from
the access and amendment requirements
of the Privacy Act, pursuant to 5 U.S.C.
552a(k)(1), to prevent disclosure of any
information properly classified pursuant
to executive order, as implemented by
DoD Instruction (DoDI) 5200.01 and
DoD Manual (DoDM) 5200.01, Volumes
1 and 3.
If implemented, this proposed rule
will deny an individual access under
the Privacy Act to only those portions
of records for which the claimed
exemption applies. In addition, records
in the DoD 0004 DRCED system of
records are only exempt from the
Privacy Act to the extent the purposes
underlying the exemption pertain to the
record.
A notice of a modified system of
records for DoD 0004 DRCED is also
published in this issue of the Federal
Register.
Regulatory Analysis
Executive Order 12866, ‘‘Regulatory
Planning and Review’’ and Executive
Order 13563, ‘‘Improving Regulation
and Regulatory Review’’
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distribute impacts, and equity).
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. It has been determined that
this proposed rule is not a significant
regulatory action.
Executive Order 13771, ‘‘Reducing
Regulation and Controlling Regulatory
Costs’’
This proposed rule has been deemed
not significant under Executive Order
(E.O.) 12866, ‘‘Regulatory Planning and
Review,’’ therefore, the requirements of
E.O. 13771, ‘‘Reducing Regulation and
Controlling Regulatory Costs’’ do not
apply.
Congressional Review Act
This proposed rule is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
E:\FR\FM\06JAP1.SGM
06JAP1
Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Proposed Rules
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C Chapter 6)
It has been certified that this proposed
rule does not have a significant
economic impact on a substantial
number of small entities because it is
concerned only with the administration
of Privacy Act Systems of Records
within the DoD. A Regulatory Flexibility
Analysis is not required.
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
It has been determined that this
proposed rule does not impose
additional information collection
requirements on the public under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Section 202, Public Law 104–4,
‘‘Unfunded Mandates Reform Act’’
It has been determined that this
proposed rule does not involve a
Federal mandate that may result in the
expenditure by State, local and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
and that it will not significantly or
uniquely affect small governments.
jbell on DSKJLSW7X2PROD with PROPOSALS
Executive Order 13132, ‘‘Federalism’’
It has been determined that this
proposed rule does not have federalism
implications. This rule does not have
substantial direct effects on the States,
on the relationship between the
National Government and the States, or
on the distribution of power and
VerDate Sep<11>2014
16:47 Jan 05, 2021
Jkt 253001
responsibilities among the various
levels of government.
List of Subjects in 32 CFR Part 310
Privacy.
Accordingly, 32 CFR part 310 is
proposed to be amended as follows:
PART 310—PROTECTION OF PRIVACY
AND ACCESS TO AND AMENDMENT
OF INDIVIDUAL RECORDS UNDER
THE PRIVACY ACT OF 1974
1. The authority citation for 32 CFR
part 310 continues to read as follows:
■
Authority: 5 U.S.C. 552a.
2. Section 310.13 is amended by
adding paragraph (e)(3) as follows:
■
§ 310.13 Exemptions for DoD-wide
systems.
*
*
*
*
*
(e) * * *
(3) System identifier and name: DoD
0004, ‘‘Defense Repository for Common
Enterprise Data (DRCED).’’
(i) Exemptions: This system of records
is exempt from subsections 5 U.S.C.
552a(c)(3), (d)(1), (d)(2), (d)(3), and
(d)(4) of the Privacy Act.
(ii) Authority: 5 U.S.C. 552a(k)(1).
(iii) Exemption from the particular
subsections. Exemption from the
particular subsections is justified for the
following reasons:
(A) Subsection (c)(3) (accounting of
disclosures). Because common
enterprise records may contain
information properly classified pursuant
PO 00000
Frm 00005
Fmt 4702
Sfmt 9990
499
to Executive Order, the disclosure
accountings of such records may also
contain information properly classified
pursuant to executive order, the
disclosure of which may cause damage
to national security.
(B) Subsections (d)(1), (2), (3), and (4)
(record subject’s right to access and
amend records). Access to and
amendment of records by the record
subject could disclose information
properly classified pursuant to
executive order. Disclosure of classified
records to an individual may cause
damage to national security.
(iv) Exempt records from other
systems. In addition, in the course of
carrying out the overall purpose for this
system, exempt records from other
system of records may in turn become
part of the records maintained in this
system. To the extent that copies of
exempt records from those other
systems of records are maintained in
this system, the DoD claims the same
exemptions for the records from those
other systems that are entered into this
system, as claimed for the prior
system(s) of which they are a part,
provided the reason for the exemption
remains valid and necessary.
Dated: December 22, 2020.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2020–28791 Filed 1–5–21; 8:45 am]
BILLING CODE 5001–06–P
E:\FR\FM\06JAP1.SGM
06JAP1
Agencies
[Federal Register Volume 86, Number 3 (Wednesday, January 6, 2021)]
[Proposed Rules]
[Pages 498-499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28791]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 310
[Docket ID DoD-2020-OS-0095]
RIN 0790-AK96
Privacy Act of 1974; Implementation
AGENCY: Department of Defense (DoD).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The DoD is giving concurrent notice of an updated system of
records pursuant to the Privacy Act of 1974 for the DoD 0004 ``Defense
Repository for Common Enterprise Data (DRCED)'' system of records and
this proposed rulemaking. In this proposed rulemaking, the Department
proposes to exempt portions of the DRCED system of records from certain
provisions of the Privacy Act because of national security
requirements.
DATES: Send comments on or before March 8, 2021.
ADDRESSES: You may submit comments, identified by docket number and
title, by any of the following methods:
Federal Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: The DoD cannot receive written comments at this time
due to the COVID-19 pandemic. Comments should be sent electronically to
the docket listed above.
Instructions: All submissions received must include the agency name
and docket number for this Federal Register document. The general
policy for comments and other submissions from members of the public is
to make these submissions available for public viewing on the internet
at https://www.regulations.gov as they are received without change,
including any personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Ms. Lyn Kirby, Chief, Defense Privacy,
Civil Liberties, and Transparency Division, Directorate for Oversight
and Compliance, Department of Defense, 4800 Mark Center Drive, Mailbox
#24, Suite 08D09, Alexandria, VA 22350-1700; [email protected]; (703)
571-0070.
SUPPLEMENTARY INFORMATION:
I. Background
The DoD 0004 DRCED system of records is a DoD-wide system of
records that supports multiple information systems that provide DoD-
wide and component-level enterprise solutions for integrating and
analyzing targeted data from existing DoD systems to develop timely,
actionable, and insightful conclusions in support of national
strategies. These systems are used to automate financial and business
transactions, perform cost-management analysis, produce oversight and
audit reports, and provide critical data linking to improve performance
of mission objectives. These systems are also capable of creating
predictive analytic models based upon specific data streams to equip
decision makers with critical data necessary for execution of fiscal
and operational requirements.
II. Privacy Act Exemption
The Privacy Act allows federal agencies to exempt eligible records
in a system of records from certain provisions of the Act, including
the provisions providing individuals with a right to request access to
and amendment of their own records. If an agency intends to exempt a
particular system of records, it must typically first go through the
rulemaking process to provide public notice and an opportunity to
comment on the proposed exemption. This proposed rule explains why an
exemption is being claimed for this system of records and invites
public comment, which DoD will consider before the issuance of a final
rule implementing the exemption.
The DoD proposes to modify 32 CFR part 310 to add a new Privacy Act
exemption rule for the DoD 0004 DRCED system of records. The DoD
proposes an exemption for DoD 0004 DRCED because some of its records
may contain classified national security information and disclosure of
those records to an individual may cause damage to national security.
The Privacy Act, pursuant to 5 U.S.C. 552a(k)(1), authorizes agencies
to claim an exemption for systems of records that contain information
properly classified pursuant to executive order. DoD is proposing to
claim an exemption from the access and amendment requirements of the
Privacy Act, pursuant to 5 U.S.C. 552a(k)(1), to prevent disclosure of
any information properly classified pursuant to executive order, as
implemented by DoD Instruction (DoDI) 5200.01 and DoD Manual (DoDM)
5200.01, Volumes 1 and 3.
If implemented, this proposed rule will deny an individual access
under the Privacy Act to only those portions of records for which the
claimed exemption applies. In addition, records in the DoD 0004 DRCED
system of records are only exempt from the Privacy Act to the extent
the purposes underlying the exemption pertain to the record.
A notice of a modified system of records for DoD 0004 DRCED is also
published in this issue of the Federal Register.
Regulatory Analysis
Executive Order 12866, ``Regulatory Planning and Review'' and Executive
Order 13563, ``Improving Regulation and Regulatory Review''
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distribute impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. It has been determined that this proposed rule is not a
significant regulatory action.
Executive Order 13771, ``Reducing Regulation and Controlling Regulatory
Costs''
This proposed rule has been deemed not significant under Executive
Order (E.O.) 12866, ``Regulatory Planning and Review,'' therefore, the
requirements of E.O. 13771, ``Reducing Regulation and Controlling
Regulatory Costs'' do not apply.
Congressional Review Act
This proposed rule is not a ``major rule'' as defined by 5 U.S.C.
804(2).
[[Page 499]]
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C Chapter 6)
It has been certified that this proposed rule does not have a
significant economic impact on a substantial number of small entities
because it is concerned only with the administration of Privacy Act
Systems of Records within the DoD. A Regulatory Flexibility Analysis is
not required.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
It has been determined that this proposed rule does not impose
additional information collection requirements on the public under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''
It has been determined that this proposed rule does not involve a
Federal mandate that may result in the expenditure by State, local and
tribal governments, in the aggregate, or by the private sector, of $100
million or more and that it will not significantly or uniquely affect
small governments.
Executive Order 13132, ``Federalism''
It has been determined that this proposed rule does not have
federalism implications. This rule does not have substantial direct
effects on the States, on the relationship between the National
Government and the States, or on the distribution of power and
responsibilities among the various levels of government.
List of Subjects in 32 CFR Part 310
Privacy.
Accordingly, 32 CFR part 310 is proposed to be amended as follows:
PART 310--PROTECTION OF PRIVACY AND ACCESS TO AND AMENDMENT OF
INDIVIDUAL RECORDS UNDER THE PRIVACY ACT OF 1974
0
1. The authority citation for 32 CFR part 310 continues to read as
follows:
Authority: 5 U.S.C. 552a.
0
2. Section 310.13 is amended by adding paragraph (e)(3) as follows:
Sec. 310.13 Exemptions for DoD-wide systems.
* * * * *
(e) * * *
(3) System identifier and name: DoD 0004, ``Defense Repository for
Common Enterprise Data (DRCED).''
(i) Exemptions: This system of records is exempt from subsections 5
U.S.C. 552a(c)(3), (d)(1), (d)(2), (d)(3), and (d)(4) of the Privacy
Act.
(ii) Authority: 5 U.S.C. 552a(k)(1).
(iii) Exemption from the particular subsections. Exemption from the
particular subsections is justified for the following reasons:
(A) Subsection (c)(3) (accounting of disclosures). Because common
enterprise records may contain information properly classified pursuant
to Executive Order, the disclosure accountings of such records may also
contain information properly classified pursuant to executive order,
the disclosure of which may cause damage to national security.
(B) Subsections (d)(1), (2), (3), and (4) (record subject's right
to access and amend records). Access to and amendment of records by the
record subject could disclose information properly classified pursuant
to executive order. Disclosure of classified records to an individual
may cause damage to national security.
(iv) Exempt records from other systems. In addition, in the course
of carrying out the overall purpose for this system, exempt records
from other system of records may in turn become part of the records
maintained in this system. To the extent that copies of exempt records
from those other systems of records are maintained in this system, the
DoD claims the same exemptions for the records from those other systems
that are entered into this system, as claimed for the prior system(s)
of which they are a part, provided the reason for the exemption remains
valid and necessary.
Dated: December 22, 2020.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2020-28791 Filed 1-5-21; 8:45 am]
BILLING CODE 5001-06-P