This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

18954 

Vol. 76, No. 66 

Wednesday, April 6, 2011 

DEPARTMENT OF ENERGY 

5 CFR Chapters XXIII and XXIV 

10 CFR Chapters II, III, and X 

18 CFR Chapter I 

41 CFR Chapter 109 

48 CFR Chapter 9 

Reducing Regulatory Burden; 

Retrospective Review Under 

E.O. 13563 

AGENCY: Office of the General Counsel, 

Department of Energy. 

ACTION: Request for information; 

extension of public comment period. 

SUMMARY: On February 3, 2011, the 

Department of Energy (DOE) published 

a request for information (RFI) issued as 

part of its implementation of Executive 

Order 13563, ‘‘Improving Regulation and 

Regulatory Review.’’ This document 

announces that the period for 

submitting reply comments is extended 

to April 15, 2011. The February 3 

document incorrectly published in the 

Notices section of the Federal Register. 

DATES: DOE will accept comments, data, 

and information regarding the RFI 

received no later than April 15, 2011. 

ADDRESSES: Interested persons are 

encouraged to submit comments, 

identified by ‘‘Regulatory Burden RFI,’’ 

by any of the following methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

E-mail: 

Regulatory.Review@hq.doe.gov. Include 

‘‘Regulatory Burden RFI’’ in the subject 

line of the message. 

Mail: U.S. Department of Energy, 

Office of the General Counsel, 1000 

Independence Avenue, SW., Room 

6A245, Washington, DC 20585. 

Docket: For access to the docket to 

read background documents or 

comments received, go to the Federal 

eRulemaking Portal at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Daniel Cohen, Assistant General 

Counsel for Legislation, Regulation, and 

Energy Efficiency, U.S. Department of 

Energy, Office of the General Counsel, 

1000 Independence Avenue, SW., 

Washington, DC 20585. E-mail: 

Regulatory.Review@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: On 

January 18, 2011, the President issued 

Executive Order 13563, ‘‘Improving 

Regulation and Regulatory Review,’’ to 

ensure that Federal regulations seek 

more affordable, less intrusive means to 

achieve policy goals, and that agencies 

give careful consideration to the benefits 

and costs of those regulations. 

Additionally, the Executive Order 

directs agencies to consider how best to 

promote retrospective analyses of 

existing rules. Specifically, Agencies 

must develop a preliminary plan under 

which the agency will periodically 

review existing regulations to determine 

which should be maintained, modified, 

strengthened, or repealed to increase the 

effectiveness and decrease the burdens 

of the agency’s regulatory program. 

DOE took a number of steps to 

implement the Executive Order, 

including issuance of an RFI seeking 

public comment on how best to review 

its existing regulations and to identify 

whether any of its existing regulations 

should be modified, streamlined, 

expanded, or repealed. (76 FR 6123, 

Feb. 3, 2011) DOE sought comment on 

the RFI until March 21, 2011, and 

allowed for reply comments to be filed 

until April 4, 2011. DOE posted 

comments received during the initial 

comment period on its Web site: 

http://www.gc.energy.gov/1705.htm, but 

encountered technical difficulties and 

was unable to post all of the comments 

until March 30, 2011. DOE also received 

a request from a member of the public 

to extend the reply comment period 

given these technical difficulties. As a 

result, in this notice, DOE extends the 

reply comment period until April 15, 

2011. While the intent of the reply 

comment period is to foster constructive 

dialogue on DOE’s regulatory review 

process, DOE notes that it is not 

necessary to have filed comments 

during the initial comment period to file 

reply comments, and that the substance 

of comments filed during the reply 

comment period need not relate to 

comments filed during the initial 

comment period. DOE will consider any 

comments received by April 15, 2011 

and deems any comments received 

between March 21, 2011 and April 15, 

2011 to be timely submitted. 

Issued in Washington, DC, on March 31, 

2011. 

Sean A. Lev, 

Acting General Counsel. 

[FR Doc. 2011–8228 Filed 4–5–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 5 

[Docket No. DHS–2011–0016] 

Privacy Act of 1974: Implementation of 

Exemptions; Department of Homeland 

Security Federal Emergency 

Management Agency DHS/FEMA–011 

Training and Exercise Program 

Records System of Records 

AGENCY: Privacy Office, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Department of Homeland 

Security is giving concurrent notice of a 

newly established system of records 

pursuant to the Privacy Act of 1974 for 

the ‘‘Department of Homeland Security 

Federal Emergency Management 

Agency—011 Training and Exercise 

Program Records System of Records’’ 

and this proposed rulemaking. In this 

proposed and consolidating rulemaking, 

the Department proposes to exempt 

portions of the system of records from 

one or more provisions of the Privacy 

Act in order to preserve the objectivity 

and fairness of testing and examination 

material. 

DATES: Comments must be received on 

or before May 6, 2011. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2011–0016, by one of the following 

methods: 

• Federal e-Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 703–483–2999. 

• Mail: Mary Ellen Callahan, Chief 

Privacy Officer, Privacy Office, 

Department of Homeland Security, 

Washington, DC 20528. 

• Instructions: All submissions 

received must include the agency name 


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Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Proposed Rules 18955 

and docket number for this rulemaking. 

All comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. 

• Docket: For access to the docket to 

read background documents or 

comments received go to http:// 

www.regulations.gov. 

Instructions: All submissions received 

must include the agency name and 

docket number for this notice. All 

comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

general questions please contact: 

Thomas R. McQuillan (202–646–3323), 

Privacy Officer, Federal Emergency 

Management Agency, Department of 

Homeland Security, Washington, DC 

20478. For privacy issues please 

contact: Mary Ellen Callahan (703–235– 

0780), Chief Privacy Officer, Privacy 

Office, Department of Homeland 

Security, Washington, DC 20528. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In accordance with the Privacy Act of 

1974, 5 U.S.C. 552a, the Department of 

Homeland Security (DHS) Federal 

Emergency Management Agency 

(FEMA) proposes to establish a new 

DHS system of records titled, ‘‘DHS/ 

FEMA—011 Training and Exercise 

Program Records System of Records.’’ 

In support of its mission, components 

within FEMA such as the Protection and 

National Preparedness Bureau, the 

National Processing Service Centers 

(NPSCs), the United States Fire 

Administration (USFA), the and the 

FEMA Emergency Management Institute 

(FEMA/EMI) sponsor a wide range of 

training and exercise programs for 

FEMA’s employees and contractors and 

its partners in the first responder and 

emergency management communities. 

Through its training and exercise 

programs, FEMA brings together 

partners from State, local, Tribal, 

regional, international, and 

nongovernmental/volunteer 

organizations, as well as the private 

sector, including firefighters, emergency 

medical services, emergency 

management agencies, law enforcement, 

and public officials. These programs 

provide FEMA’s employees, contractors 

and partners with the opportunity to 

develop the situational awareness and 

skills necessary to quickly prevent, 

respond to, or mitigate all hazards 

affecting the people of the United States. 

This system of records notice is being 

published because FEMA collects and 

maintains personally identifiable 

information (PII) about the individuals 

who register or apply for its training and 

exercise programs and the organization 

employing or sponsoring these 

individuals, as well as information used 

to grant access to IT systems that 

support these programs. FEMA’s 

training and exercise programs also 

maintain information about the 

trainings and exercise events, such as 

rosters and reports, which may be 

shared among participants. The type 

and amount of PII FEMA collects from 

individuals to facilitate their 

participation may vary among programs. 

The purpose of this system is to 

facilitate registration for, participation 

in, and the completion and 

documentation of, training and exercise 

programs sponsored by FEMA in 

support of its mission. 

FEMA collects, uses, and maintains 

the records within this system under the 

authority of the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act; the Federal Fire 

Prevention and Control Act of 1974, as 

amended; 44 U.S.C. 3101–3106; 6 U.S.C. 

748; Homeland Security Presidential 

Directives, and several Executive 

Orders, as described in this notice. This 

updated system of records strengthens 

privacy protections and provides greater 

transparency regarding FEMA’s training 

and exercise records by encompassing 

the full range of the agency’s training 

and exercise programs into a single 

system of records. To further safeguard 

individuals’ privacy, FEMA limits 

access to the information in this system 

by verifying the status and ‘‘need to 

know’’ of individuals registering for and 

participating in the agency’s training 

and exercise programs. 

The proposed routine uses are 

compatible with the purpose of the 

original collection as they ensure that 

the information within this system is 

shared in association with individuals’ 

registration and participation in FEMA’s 

training and exercise programs, and 

otherwise ensure that the sharing of 

information in this system is consistent 

with that of other DHS systems. 

FEMA collects, uses, and maintains 

information about the individuals who 

register or apply for its training and 

exercise programs, including DHS 

employees and contractors, other 

Federal employees, volunteers and 

members of the first responder and 

emergency management communities, 

to foster the development of mission 

critical skills among them through 

participation in these training and 

exercise programs. FEMA’s training and 

exercise programs may share 

information with State, local, Tribal, 

international, nongovernmental/ 

volunteer organizations, and private 

sector organizations. FEMA shares this 

information to facilitate the 

development of training and exercise 

programs, coordinate, facilitate, and 

track participation in training and 

exercise programs, and for statistical 

FEMA’s sharing of information with 

education institutions for transcript 

purposes will only take place upon the 

request of the student. 

In accordance with the Privacy Act of 

1974 the Department of Homeland 

Security is giving notice that it proposes 

to consolidate the Privacy Act system of 

records notice titled, Department of 

Homeland Security/Federal Emergency 

Management Agency/National 

Emergency Training Center–017 Student 

Application and Registration Records 

system of records [October 5, 2004, 69 

FR 192] into the this system of records. 

This newly established system will be 

included in DHS’s inventory of record 

systems. 

II. Privacy Act 

The Privacy Act embodies fair 

information practice principles in a 

statutory framework governing the 

means by which the U.S. Government 

collects, maintains, uses, and 

disseminates personally identifiable 

information. The Privacy Act applies to 

information that is maintained in a 

‘‘system of records.’’ A ‘‘system of 

records’’ is a group of any records under 

the control of an agency from which 

information is retrieved by the name of 

the individual or by some identifying 

number, symbol, or other identifying 

particular assigned to the individual. In 

the Privacy Act, an individual is defined 

to encompass U.S. citizens and lawful 

permanent residents. As a matter of 

policy, DHS extends administrative 

Privacy Act protections to all 

individuals where systems of records 

maintain information on U.S. citizens, 

lawful permanent residents, and 

visitors. The Privacy Act allows 

government agencies to exempt certain 

records from the access and amendment 

provisions. If an agency claims an 

exemption, however, it must issue a 

Notice of Proposed Rulemaking to make 

clear to the public the reasons why a 

particular exemption is claimed. 

DHS is claiming exemptions from 

certain requirements of the Privacy Act 

for DHS/FEMA–011 Training and 

Exercise Program Records System of 

Records. Some information in DHS/ 

FEMA–011 Training and Exercise 


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18956 Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Proposed Rules 

Program Records System of Records 

relates to official DHS testing and 

examination activities. DHS is claiming 

an exemption for certain records in this 

new record system pursuant to 5 U.S.C. 

552a(k)(6). These exemptions are 

needed to protect information relating to 

DHS testing and examination activities 

from disclosure to subjects or others 

related to these activities. Specifically, 

the exemptions are required since its 

training records will include testing and 

examination materials. DHS is claiming 

an exemption for these records in order 

to preserve the integrity, objectivity and 

fairness of the testing and examination 

process. 

A notice of system of records for DHS/ 

FEMA–011 Training and Exercise 

Program Records System of Records is 

also published in this issue of the 

Federal Register. 

List of Subjects in 6 CFR Part 5 

Freedom of information; Privacy. 

For the reasons stated in the 

preamble, DHS proposes to amend 

Chapter I of Title 6, Code of Federal 

Regulations, as follows: 

PART 5—DISCLOSURE OF RECORDS 

AND INFORMATION 

1. The authority citation for part 5 

continues to read as follows: 

Authority: 6 U.S.C. 101 et seq.; Pub. L. 

107–296, 116 Stat. 2135; 5 U.S.C. 301. 

Subpart A also issued under 5 U.S.C. 552. 

Subpart B also issued under 5 U.S.C. 552a. 

2. Add at the end of Appendix C to 

Part 5, the following new paragraph 54: 

Appendix C to Part 5—DHS Systems of 

Records Exempt From the Privacy Act 

* * * * * 

54. The DHS/FEMA–011 Training and 

Exercise Program Records System of Records 

consists of electronic and paper records and 

will be used by FEMA. The DHS/FEMA–011 

Training and Exercise Program Records 

System of Records consists of electronic and 

paper records and will be used by DHS and 

its components and offices to maintain 

records about individual training, including 

enrollment and participation information, 

information pertaining to class schedules, 

programs, and instructors, training trends 

and needs, testing and examination 

materials, and assessments of training 

efficacy. The data will be collected by 

employee name or other unique identifier. 

The collection and maintenance of this 

information will assist DHS in meeting its 

obligation to train its personnel and 

contractors in order to ensure that the agency 

mission can be successfully accomplished. 

The DHS/FEMA–011 General Training and 

Exercise Program Records System of Records 

contains information that is collected by, on 

behalf of, in support of, or in cooperation 

with DHS and its components and may 

contain personally identifiable information 

collected by other Federal, State, local, 

Tribal, foreign, or international government 

agencies. The Secretary of Homeland 

Security has exempted this system from the 

following provisions of the Privacy Act, 

subject to limitations set forth in 5 U.S.C. 

552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H), 

(e)(4)(I); and (f) pursuant to 5 U.S.C. 552a 

(k)(6), where it states for;’’testing or 

examination material used solely to 

determine individual qualifications for 

appointment or promotion in the Federal 

service the disclosure of which would 

compromise the objectivity or fairness of the 

testing or examination process.’’ Exemptions 

from these particular subsections are 

justified, on a case-by-case basis to be 

determined at the time a request is made, for 

the following reasons: 

(a) From subsection (c)(3) and (4) 

(Accounting for Disclosures) because release 

of the accounting of disclosures could alert 

the subject of an investigation of an actual or 

potential criminal, civil, or regulatory 

violation to the existence of that investigation 

and reveal investigative interest on the part 

of DHS as well as the recipient agency. 

Disclosure of the accounting would therefore 

present a serious impediment to law 

enforcement efforts and/or efforts to preserve 

national security. Disclosure of the 

accounting would also permit the individual 

who is the subject of a record to impede the 

investigation, to tamper with witnesses or 

evidence, and to avoid detection or 

apprehension, which would undermine the 

entire investigative process. 

(b) From subsection (d) (Access to Records) 

because access to the records contained in 

this system of records could inform the 

subject of an investigation of an actual or 

potential criminal, civil, or regulatory 

violation to the existence of that investigation 

and reveal investigative interest on the part 

of DHS or another agency. Access to the 

records could permit the individual who is 

the subject of a record to impede the 

investigation, to tamper with witnesses or 

evidence, and to avoid detection or 

apprehension. Amendment of the records 

could interfere with ongoing investigations 

and law enforcement activities and would 

impose an unreasonable administrative 

burden by requiring investigations to be 

continually reinvestigated. In addition, 

permitting access and amendment to such 

information could disclose security-sensitive 

information that could be detrimental to 

homeland security. 

(c) From subsection (e)(1) (Relevancy and 

Necessity of Information) because in the 

course of investigations into potential 

violations of Federal law, the accuracy of 

information obtained or introduced 

occasionally may be unclear, or the 

information may not be strictly relevant or 

necessary to a specific investigation. In the 

interests of effective law enforcement, it is 

appropriate to retain all information that may 

aid in establishing patterns of unlawful 

activity. 

(d) From subsection (e)(2) (Collection of 

Information from Individuals) because 

requiring that information be collected from 

the subject of an investigation would alert the 

subject to the nature or existence of the 

investigation, thereby interfering with that 

investigation and related law enforcement 

activities. 

(e) From subsection (e)(3) (Notice to 

Subjects) because providing such detailed 

information could impede law enforcement 

by compromising the existence of a 

confidential investigation or reveal the 

identity of witnesses or confidential 

informants. 

(f) From subsections (e)(4)(G), (e)(4)(H), 

and (e)(4)(I) (Agency Requirements) and (f) 

(Agency Rules), because portions of this 

system are exempt from the individual access 

provisions of subsection (d) for the reasons 

noted above, and therefore DHS is not 

required to establish requirements, rules, or 

procedures with respect to such access. 

Providing notice to individuals with respect 

to existence of records pertaining to them in 

the system of records or otherwise setting up 

procedures pursuant to which individuals 

may access and view records pertaining to 

themselves in the system would undermine 

investigative efforts and reveal the identities 

of witnesses, and potential witnesses, and 

confidential informants. 

(g) From subsection (e)(5) (Collection of 

Information) because with the collection of 

information for law enforcement purposes, it 

is impossible to determine in advance what 

information is accurate, relevant, timely, and 

complete. Compliance with subsection (e)(5) 

would preclude DHS agents from using their 

investigative training and exercise of good 

judgment to both conduct and report on 

investigations. 

(h) From subsection (e)(8) (Notice on 

Individuals) because compliance would 

interfere with DHS’s ability to obtain, serve, 

and issue subpoenas, warrants, and other law 

enforcement mechanisms that may be filed 

under seal and could result in disclosure of 

investigative techniques, procedures, and 

evidence. 

(i) From subsection (e)(12) (Computer 

Matching) if the agency is a recipient agency 

or a source agency in a matching program 

with a non-Federal agency, with respect to 

any establishment or revision of a matching 

program, at least 30 days prior to conducting 

such program, publish in the Federal 

Register notice of such establishment or 

revision. 

(j) From subsection (g)(1) (Civil Remedies) 

to the extent that the system is exempt from 

other specific subsections of the Privacy Act. 

(k) From subsection (h) (Legal Guardians) 

the parent of any minor, or the legal guardian 

of any individual who has been declared to 

be incompetent due to physical or mental 

incapacity or age by a court of competent 

jurisdiction, may act on behalf of the 

individual. 

Dated: March 30, 2011. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2011–8088 Filed 4–5–11; 8:45 am] 

BILLING CODE 9111–17–P 


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