[Federal Register Volume 76, Number 173 (Wednesday, September 7, 2011)]
[Proposed Rules]
[Pages 55334-55335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22729]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 10
[Docket No. OST-1996-1437]
RIN 2105-AD11
Maintenance of and Access to Records Pertaining to Individuals;
Proposed Exemption
AGENCY: Department of Transportation (DOT), Office of the Secretary.
ACTION: Notice of proposed rulemaking.
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SUMMARY: DOT proposes to add a system of records relating to suspicious
activity reporting to the list of DOT Privacy Act Systems of Records
that are exempt from one or more provisions of the Privacy Act. Public
comment is invited.
DATES: Comments are due October 7, 2011. If no comments are received by
the due date, the proposal will take effect as proposed and comments
addressed accordingly. If comments are received by the due date, the
proposal will still take effect as proposed and the comments addressed
accordingly.
ADDRESSES: You may submit comments [identified by DOT DMS Docket Number
[OST-1996-1437] by any of the following methods:
Web site: http://www.regulations.gov. Follow the instructions for
submitting comments on the DOT electronic docket site.
ADDRESSES: You may submit comments and reply comments using any one of
the following methods:
Initial comments will be made available promptly electronically,
online on http://www.regulations.gov, or for public inspection in room
W12-140, DOT Building, 1200 New Jersey Avenue, SE., Washington, DC,
between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal
holidays. In order to allow sufficient opportunity for interested
parties to prepare and submit any reply comments, late-filed initial
comments will not be considered. Reply comments must address only
matters raised in initial comments and must not be used to present new
arguments, contentions, or factual material that is not responsive to
the initial comments.
ADDRESSES: You may submit comments and reply comments identified by
docket number OST-1996-1437 using any one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Fax: 202-493-2251.
Mail: Docket Management Facility (M-30), U.S. Department
of Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
Hand delivery: Same as mail address above, between 9 a.m.
and 5 p.m., ET Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: Claire Barrett, Departmental Chief
Privacy Officer, Office of the Chief Information Officer, U.S.
Department of Transportation, 1200 New Jersey Avenue, SE., Washington,
DC 20590 at (202) 366-1835.
SUPPLEMENTAL INFORMATION: It is DOT practice to identify a Privacy Act
system of records that is exempt from one or more provisions of the
Privacy Act (pursuant to 5 U.S.C. 552a(j) or (k)) both in the system
notice published in the Federal Register for public comment and in an
Appendix to DOT's regulations implementing the Privacy Act (49 CFR part
10, Appendix A). This amendment proposes exemption from certain
portions of the Privacy Act of a proposed record system--the Suspicious
Activity Reporting (SAR) database--to be used to track observed
behavior reasonably indicative of pre-operational planning related to
terrorism or other criminal activity. To aid in the law enforcement
aspects of SAR, DOT proposes to treat it as it treats other law
enforcement systems, by exempting it from the following provisions of
the Privacy Act: (c)(3) (Accounting of Certain Disclosures), (d)
(Access to Records), (e)(4)(G), (H), and (I) (Agency Requirements), and
(f) (Agency Rules), to the extent that SAR contains investigatory
material compiled for law enforcement purposes, in accordance with 5
U.S.C. 552a(k)(2).\1\
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\1\ (c)(3)--An agency making disclosures of information that is
covered by the Privacy Act must keep an accounting of those
disclosures and, under (c)(3), make that accounting available to the
subject upon the subject's request. The exemption from (c)(3) means
that, although we still have to maintain the accounting, we do not
have to provide it to the subject.
(d)--One of the essential elements of the Privacy Act is the
subject's right of access to information in any file covered by the
Privacy Act that is retrieved by the subject's name or other
personal identifier, such as social security number. In this way,
the subject can test the validity of the information. The exemption
from (d) means that we do not have to grant the subject access to
the information.
(e)(1)--Another essential element of the Privacy Act is to limit
the collection and maintenance of information subject to the Act to
information that is relevant and necessary to carry out a lawful
activity of the agency that collects or maintains the information.
The exemption from (e)(1) means that we are not limited to
information that is relevant and necessary. In practical terms, the
subject may contest the relevancy and necessity of any information
in the file; however, given the exemption from (d), above, the
subject has no way to verify what is in the file, so is unable to
contest its relevancy or necessity. Hence, a formal exemption from
(e)(1) is not needed.
(e)(4)(G), (H), and (I)--To equip a subject to verify
information in a file, we are required by the Privacy Act to publish
in the public notice of the existence of the information procedures
informing subjects how to learn from us whether we have records on
them, procedures on how subjects can gain access to their files, and
procedures to identify for subjects the categories of record sources
in the file. The exemption from (e)(4)(G), (H), and (I) means that
we need not publish these procedures for this file. Again, if we do
not have to grant access, these provisions have no meaning.
(f)--We are also required to publish regulations governing how
subjects can learn if they are included in any of our Privacy Act
files, how they must prove their identities before we can grant them
access, and governing access to their files, their rights to have
information in the files amended and their rights to appeal our
refusal to grant access and make amendments. Since there is no right
to access, these derivative rights, as with the others, are moot.
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[[Page 55335]]
Analysis of Regulatory Impacts. This proposal is not a
``significant regulatory action'' within the meaning of Executive Order
12886. It is also not significant within the definition in DOT's
Regulatory Policies and Procedures, 49 FR 11034 (1979), in part because
it does not involve any change in important Departmental policies.
Because the economic impact should be minimal, further regulatory
evaluation is not necessary. Moreover, I certify that this proposal
would not have a significant economic impact on a substantial number of
small entities, because the reporting requirements, themselves, are not
changed and because it applies only to information on individuals that
is maintained by the Federal Government.
This proposal would not significantly affect the environment, and
therefore an environmental impact statement is not required under the
National Environmental Policy Act of 1969. It has also been reviewed
under Executive Order 12612, Federalism, and it has been determined
that it does not have sufficient implications for Federalism to warrant
preparation of a Federalism Assessment.
Collection of Information. This proposal contains no collection of
information requirements under the Paperwork Reduction Act (44 U.S.C.
3501 et seq.)
Unfunded Mandates. Title II of the Unfunded Mandates Reform Act of
1995 (UMRA), (Pub. L. 104-4, 109 Stat. 48), requires Federal agencies
to assess the effects of certain regulatory actions on State, local,
and tribal governments, and the private sector. UMRA requires a written
statement of economic and regulatory alternatives for proposed and
final rules that contain Federal mandates. A ``Federal mandate'' is a
new or additional enforceable duty, imposed on any State, local, or
tribal government, or the private sector. If any Federal mandate causes
those entities to spend, in aggregated, $100 million or more in any one
year (adjusted for inflation) the UMRA analysis is required. This
proposal would not impose Federal mandates on any State, local, or
tribal governments or the private sector.
List of Subjects in 49 CFR Part 10
Authority delegations (government agencies); Organization and
functions (government agencies); Penalties; Privacy; Transportation
Department.
In consideration of the foregoing, DOT proposes to amend Part 10 of
Title 49, Code of Federal Regulations, as follows:
1. The authority citation for Part 10 would continue to read as
follows:
Authority: Pub. L. 93-579; 49 U.S.C. 322.
2. The Appendix would be amended by inserting in of Part II.A. a
new paragraph 8, immediately following paragraph 7, to read as follows:
Appendix A--Exemptions.
Part II. Specific exemptions. A. The following systems of
records are exempt from subsection (c)(3) (Accounting of Certain
Disclosures), (d) (Access to Records), (e)(4)(G), (H), and (I)
(Agency Requirements), and (f) (Agency Rules) of 5 U.S.C. 552a, to
the extent that they contain investigatory material compiled for law
enforcement purposes, in accordance 5 U.S.C. 552a(k)(2):
* * * * *
8. Suspicious Activity Reporting (SAR) database, maintained by
the Office of Intelligence, Security, and Emergency Response, Office
of the Secretary.
Issued in Washington, DC, on: August 31, 2011.
Claire W. Barrett,
Departmental Chief Privacy Officer.
[FR Doc. 2011-22729 Filed 9-6-11; 8:45 am]
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