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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 441010P

DEPARTMENT OF DEFENSE
Office of the Secretary 32 CFR Part 310
Docket ID DoD2020OS0095
RIN 0790AK96

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 COVID19 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

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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
5710070.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:

I. Background
FR Doc. 202027768 Filed 1521; 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
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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.
552ak1, 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.
552ak1, 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. 8042.

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