84278 Federal Register / Vol. 85, No. 248 / Monday, December 28, 2020 / Proposed Rules 

(562) 627–5371; email blaine.williams@

faa.gov. 

Issued on December 17, 2020. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2020–28440 Filed 12–23–20; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 310 

[Docket ID DoD–2020–OS–0094] 

RIN 0790–AL17 

Privacy Act of 1974; Implementation 

AGENCY: Office of the Secretary of 

Defense (OSD), Department of Defense 

(DoD). 

ACTION: Proposed rule. 

SUMMARY: The Department of Defense 

(Department or DoD) is giving 

concurrent notice of a new Departmentwide system of records pursuant to the 

Privacy Act of 1974 for the DoD 0005 

‘‘Defense Training Records’’ system of 

records and this proposed rulemaking. 

In this proposed rulemaking, the 

Department proposes to exempt 

portions of the Defense Training 

Records system of records from certain 

provisions of the Privacy Act because of 

national security requirements and to 

preserve the objectivity and fairness of 

testing and examination material. 

DATES: Send comments on or before 

February 26, 2021. 

ADDRESSES: You may submit comments, 

identified by docket number and title, 

by any of the following methods. 

* Federal eRulemaking 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 or Regulatory 

Information Number (RIN) 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, 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: 

I. Background 

The DoD 0005, ‘‘Defense Training 

Records’’ system of records describes 

training records created and maintained 

by all component parts of the DoD, 

wherever they are maintained. The 

system consists of both electronic and 

paper records and will be used by DoD 

components and offices to maintain 

records about training provided to DoDaffiliated individuals, including Military 

Service members, civilian employees, 

dependents and family members, 

contractors, and other individuals 

enrolled in courses administered by the 

DoD. These records may include 

information pertaining to class 

schedules, enrollment, participation, 

programs, and instructors; training 

trends and needs; testing and 

examination materials; and assessments 

of training efficacy. The collection and 

maintenance of this information will 

assist the DoD in meeting its obligations 

under law, regulation, and policy to 

provide training on various subjects to 

ensure that the agency mission can be 

successfully accomplished. 

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 those 

that provide 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 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 0005 

‘‘Defense Training Records’’ system of 

records. The DoD proposes this 

exemption because some of its training 

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. The 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 5200.01 and DoD 

Manual 5200.01, Volumes 1 and 3. 

The DoD also proposes an exemption 

for DoD 0005 ‘‘Defense Training 

Records’’ because these records contain 

testing and examination material, the 

release of which could undermine the 

objectivity and fairness of the testing 

and examination process. The Privacy 

Act, pursuant to 5 U.S.C. 552a(k)(6), 

authorizes agencies to claim an 

exemption for systems of records that 

contain examination and testing 

material used solely to determine 

individual qualification for appointment 

or promotion in the Federal service. The 

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)(6), to 

prevent disclosure of any information 

that would compromise the objectivity 

or fairness of testing and examination 

material. 

If implemented, this rule will deny an 

individual access under the Privacy Act 

to only those portions of records for 

which one or more claimed exemptions 

apply. In addition, records in the DoD 

0005 ‘‘Defense Training Records’’ 

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 new system of records 

for DoD 0005 ‘‘Defense Training 

Records’’ 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. 


tkelley on DSKBCP9HB2PROD with PROPOSALS
Federal Register / Vol. 85, No. 248 / Monday, December 28, 2020 / Proposed Rules 84279 

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). 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. Chapter 6) 

It has been certified that Privacy Act 

rules for the DoD do not have significant 

economic impact on a substantial 

number of small entities because they 

are concerned only with the 

administration of Privacy Act systems of 

records within the DoD. 

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 

■ 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) to read as 

follows: 

§ 310.13 Exemptions for DoD-wide 

systems. 

* * * * * 

(e) * * * 

(3) System identifier and name: DoD– 

0005, ‘‘Defense Training Records.’’ 

(i) Exemptions: This system of records 

is exempt from 5 U.S.C. 552a(c)(3) and 

(d)(1), (2), (3), and (4). 

(ii) Authority: 5 U.S.C. 552a(k)(1) and 

(6). 

(iii) Exemption from the particular 

subsections. Exemption from the 

particular subsections is justified for the 

following reasons: 

(A) Subsections (c)(3), (d)(1), and 

(d)(2)— 

(1) Exemption (k)(1). Training records 

in this system of records may contain 

information concerning DoD personnel 

or training materials that is properly 

classified pursuant to executive order. 

Application of exemption (k)(1) for such 

records may be necessary because 

access to and amendment of the records, 

or release of the accounting of 

disclosures for such records, could 

reveal classified information. Disclosure 

of classified records to an individual 

may cause damage to national security. 

(2) Exemption (k)(6). Training records 

in this system of records may contain 

information relating to testing or 

examination material used solely to 

determine individual qualifications for 

appointment or promotion in the 

Federal service. Application of 

exemption (k)(6) for such records may 

be necessary when access to and 

amendment of the records, or release of 

the accounting of disclosure for such 

records, may compromise the objectivity 

and fairness of the testing or 

examination process. Amendment of 

such records could also impose a highly 

impracticable administrative burden by 

requiring testing and examinations to be 

continuously re-administered. 

(B) Subsections (d)(3) and (4). These 

subsections are inapplicable to the 

extent an exemption is claimed from 

(d)(2). Moreover, applying the 

amendment appeal procedures to 

training and examination materials 

could impose a highly impractical 

administrative burden by requiring 

testing and examinations to be 

continuously re-administered. 

(iv) Exempt records from other 

systems. In the course of carrying out 

the overall purpose for this system, 

exempt records from other systems 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: November 25, 2020. 

Aaron T. Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2020–26547 Filed 12–23–20; 8:45 am] 

BILLING CODE 5001–06–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 303 

[Docket No. 20–CRB–0013–RM] 

Procedural Regulations of the 

Copyright Royalty Board Regarding 

Electronic Filing System (eCRB) 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Proposed rule. 

SUMMARY: The Copyright Royalty Judges 

propose to amend regulations governing 

the electronic filing of documents 

through the Copyright Royalty Board’s 

electronic filing system (eCRB) to permit 

attorney designees with approved eCRB 

user accounts to file on behalf of 

attorneys. The Judges solicit comments 

on the proposed amendments. 

DATES: Comments are due no later than 

January 27, 2021. 

ADDRESSES: You may send comments, 

identified by docket number 20–CRB– 

0013–RM, online through eCRB at 

https://app.crb.gov. 

Instructions: All submissions received 

must include the Copyright Royalty 

Board name and the docket number for 

this proposed rule. All comments 

received will be posted without change 

to eCRB at https://app.crb.gov, 

including any personal information 

provided. 

Docket: For access to the docket to 

read background documents or 

comments received, go to eCRB at 

https://app.crb.gov and perform a case 

search for docket 20–CRB–0013–RM. 

FOR FURTHER INFORMATION CONTACT: 

Anita Blaine, CRB Program Specialist, at 

202–707–7658 or crb@loc.gov. 

SUPPLEMENTARY INFORMATION: In 2017, 

the Copyright Royalty Board (CRB) 

codified the process for filing 

documents through its electronic filing 

system (eCRB) in a set of rules, 


tkelley on DSKBCP9HB2PROD with PROPOSALS