[Federal Register Volume 77, Number 64 (Tuesday, April 3, 2012)]
[Rules and Regulations]
[Pages 19943-19944]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-7980]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 10

[Docket No. DOT-OST-1996-1437]
RIN 2105-AD85


Privacy Act of 1974: Implementation of Exemptions; DOT/ALL 24--
Departmental Office of Civil Rights System System of Records

AGENCY: Department of Transportation (DOT), Office of the Secretary 
(OST).

ACTION: Final rule.

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SUMMARY: The Department of Transportation is issuing a final rule to 
amend its regulations to exempt portions of a newly established or 
updated and reissued system of records titled, ``DOT/ALL 24--
Departmental Office of Civil Rights System'' from certain provisions of 
the Privacy Act. Specifically, the Department exempts portions of the 
``DOT/ALL 24--Departmental Office of Civil Rights System'' from one or 
more provisions of the Privacy Act because of criminal, civil, and 
administrative enforcement requirements.

DATES: This final rule is effective April 3, 2012.

FOR FURTHER INFORMATION CONTACT: Claire W. Barrett, Departmental Chief 
Privacy Officer, Office of the Chief Information Officer, U.S. 
Department of Transportation, 1200 New Jersey Avenue SE., Washington, 
DC 20590 or privacy@dot.gov or (202) 366-8135.

SUPPLEMENTARY INFORMATION:

Background

    The Department of Transportation (DOT), Office of the Secretary 
(OST) published a notice of proposed rulemaking in the Federal Register 
(76 FR 71930) November 21, 2011, proposing to exempt portions of the 
system of records from one or more provisions of the Privacy Act 
because of criminal, civil, and administrative enforcement 
requirements. The system of records that is the subject of the notice 
of proposed rulemaking is the DOT/ALL 24--Departmental Office of Civil 
Rights System of Records. The DOT/ALL 24--Departmental Office of Civil 
Rights System system of records notice was published in the Federal 
Register (76 FR 71108) November 16, 2011, and comments were invited on 
both the Notice of Proposed Rulemaking (NPRM) and System of Records 
Notice (SORN). The notice of proposed rulemaking was inadvertently 
published under RIN 2105-AD11, and was entitled ``Maintenance of and 
Access to Records Pertaining to Individuals; Proposed Exemption.'' In 
addition, the notice of proposed rulemaking indicated that the proposed 
rule would add a new paragraph 8 to Part II.A of the Appendix to Part 
10. The notice of proposed rulemaking should have stated that the 
proposed rule would add a new paragraph 9 to Part II.A of the Appendix 
to Part 10. The final rule has been revised accordingly.

Public Comments

    DOT received no comments on the NPRM and no comments on the SORN.

Regulatory Analysis and Notices

    This final rule 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 rule does 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 rule does 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.
    This rule has been analyzed in accordance with the principles and 
criteria contained in Executive Order 13084 (``Consultation and 
Coordination with Indian Tribal Governments''). Because it has no 
effect on Indian Tribal Governments, the funding and consultation 
requirements of Executive Order 13084 do not apply.
    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an 
agency to review regulations to assess their impact on small entities 
unless the agency determines that a rule is not expected to have a 
significant economic impact on a substantial number of small entities. 
I hereby certify that this rule does not have a significant economic 
impact on a substantial number of small entities.
    This rule imposes no new information reporting or record keeping 
necessitating clearance by the Office of

[[Page 19944]]

Management and Budget. The Department has determined that the 
requirements of Title II of the Unfunded Mandates Reform Act of 1995 do 
not apply to this document.

List of Subjects in 49 CFR Part 10

    Privacy.

    In consideration of the foregoing, DOT amends Part 10 of Title 49, 
Code of Federal Regulations, as follows:

PART 10--[AMENDED]

0
1. The authority citation for part 10 continues to read as follows:

    Authority:  5 U.S.C. 552a; 49 U.S.C. 322.


0
2. The appendix to part 10 is amended by republishing Part II, A 
introductory text and adding paragraph 9 to read as follows:

Appendix to Part 10--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):
* * * * *
    9. Departmental Office of Civil Rights System (DOCRS).
* * * * *

    Issued in Washington, DC, on February 22, 2012.
Nitin Pradhan,
Chief Information Officer.
[FR Doc. 2012-7980 Filed 4-2-12; 8:45 am]
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