55334 Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Proposed Rules 

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 

techniques to discourage copying of the 

FBI APW Seal, except that such 

techniques need not be used if no other 

content or advertising programmed into 

the same work on the same media 

utilizes such copyright anticircumvention or copy protection 

techniques. 

(f) Prohibitions regarding use of the 

APW Seal. 

(1) The APW Seal may not be used in 

a manner indicating FBI approval, 

authorization, or endorsement of any 

communication other than the 

authorized warning language. No other 

text or image that appears on the same 

screen, page, package, etc., as the APW 

Seal or authorized warning language 

shall reference, contradict, or be 

displayed in a manner that appears to be 

associated with, the APW Seal or 

authorized warning language, except as 

authorized in writing by the Director of 

the FBI or his or her designee and 

posted on the FBI’s official public 

Internet Web site (http://www.fbi.gov). 

(2) The APW Seal may not be used on 

any work whose production, sale, 

distribution by United States mail or in 

interstate commerce, or public 

presentation would violate the laws of 

the United States including, but not 

limited to, those protecting intellectual 

property and those prohibiting child 

pornography and obscenity. 

(3) The APW Seal may not be 

forwarded or copied except as necessary 

to display it on an eligible work. 

(4) The APW Seal shall not be used 

in any manner: 

(A) Indicating that the FBI has 

approved, authorized, or endorsed any 

work, product, production, or private 

entity, including the work on which it 

appears; 

(B) Indicating that the FBI has 

determined that a particular work or 

portion thereof is entitled to protection 

of the law; or, 

(C) Indicating that any item or 

communication, except as provided 

herein, originated from, on behalf of, or 

in coordination with the FBI, whether 

for enforcement purposes, education, or 

otherwise. 

Dated: August 29, 2011. 

Lee J. Lofthus, 

Assistant Attorney General for 

Administration. 

[FR Doc. 2011–22877 Filed 9–6–11; 8:45 am] 

BILLING CODE 4410–02–P 

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. 

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 preoperational 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

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Proposed Rules 55335 

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. 

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] 

BILLING CODE 4910–62–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 269 

[Docket No. FRA–2009–0108; Notice No. 1] 

RIN 2130–AC19 

Alternate Passenger Rail Service Pilot 

Program 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This NPRM is in response to 

a statutory mandate that FRA complete 

a rulemaking proceeding to develop a 

pilot program that permits a rail carrier 

or rail carriers that own infrastructure 

over which Amtrak operates certain 

passenger rail service routes to petition 

FRA to be considered as a passenger rail 

service provider over such a route in 

lieu of Amtrak for a period not to exceed 

five years after the date of enactment of 

the Passenger Rail Investment and 

Improvement Act of 2008. The proposed 

rule would develop this pilot program 

in conformance with the statutory 

directive. 

DATES: Written Comments: Written 

comments on the proposed rule must be 

received by November 7, 2011. 

Comments received after that date will 

be considered to the extent possible 

without incurring additional expense or 

delay. FRA anticipates being able to 

determine these matters without a 

public hearing. However, if prior to 

October 7, 2011, FRA receives a specific 

request for a public hearing 

accompanied by a showing that the 

party is unable to adequately present his 

or her position by written statement, a 

hearing will be scheduled and FRA will 

publish a supplemental notice in the 

Federal Register to inform interested 

parties of the date, time, and location of 

any such hearing. 

ADDRESSES: Comments: Comments 

related to Docket Number FRA–2009– 

0108, may be submitted by any of the 

following methods: 

• Fax: 1–202–493–2251. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Ave., SE., W12–140, 

Washington, DC 20590. 

• Hand Delivery: Room W12–140 on 

the Ground level of the West Building, 

1200 New Jersey Ave., SE., Washington, 

DC between 

9 a.m. and 5 p.m. Monday through 

Friday, except Federal Holidays. 

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