Commerce Department Corrects Privacy Act Regulations

Content

ACTION:

Correcting amendment.

SUMMARY:

By this action, the Department makes a correcting amendment to its Privacy Act regulations. The Department previously amended
those regulations via final rule by, among other things, updating eighteen references to an outdated Department position title.
The amendatory instructions set forth in that rule, however, omitted mention of two of the paragraphs amended in such way.
This action merely corrects that omission and does not make any further changes to the regulations.

DATES:

The rule is effective March 5, 2026.

FOR FURTHER INFORMATION CONTACT:

Daniel Sweeney, Senior Counsel, Office of the General Counsel, at (202) 482-1395.

SUPPLEMENTARY INFORMATION:

On February 17, 2026, the Department issued a final rule amending 15 CFR part 4 by, among other things, updating eighteen
references to an outdated Department position title (91 FR 7115). Twelve of those references were in § 4.29, spread across
paragraphs (b), (c), (e), (g), (h), and (i). Although the February 17, 2026 final rule intended to amend all of the references
in § 4.29, the relevant amendatory instruction—instruction 5—omitted mention of paragraphs (h) and (i). This action corrects
that omission to properly reflect the amendments to § 4.29 for the reasons stated in the February 17, 2026 final rule. This
action does not make any other changes to part 4.

Regulatory Classifications

A. Administrative Procedure Act

Pursuant to 5 U.S.C. 553(b)(B), the Department finds good cause to waive the prior notice and opportunity for public participation
requirements of the Administrative Procedure Act for this action. The Department considers this action to be uncontroversial,
and has determined that prior notice and opportunity for public participation is unnecessary, because this action only corrects
an omission in the language of an amendatory instruction; this correction will ensure that the amendatory instructions properly
reflect the amendments made by the rule. For the same reason, the Department has determined that delaying the effectiveness
of this corrective action would be contrary to the public interest; this action will correct an omission and remove a potential
source of confusion without introducing any new cost for the public. The Department therefore finds good cause to waive the
public notice and comment period under 553(b)(B) and to waive the 30-day delay in effectiveness under 553(d).

B. Executive Orders 12866, 14192, and 13132

This rule is not significant pursuant to Executive Order (E.O.) 12866. This rule is an E.O. 14192 deregulatory action. This
rule does not contain policies having federalism implications as the term is defined in E.O. 13132.

C. Regulatory Flexibility Act

Because a notice of proposed rulemaking and an opportunity for public participation are not required to be given for this
rule by 5 U.S.C. 553(b)(B), the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Accordingly, no regulatory flexibility analysis is required, and none has been prepared.

D. Paperwork Reduction Act

This rule will not impose additional reporting or recordkeeping requirements under the Paperwork Reduction Act of 1995, 44
U.S.C. 3501, et seq.

List of Subjects in 15 CFR Part 4

Administrative practice and procedure, Archives and records, Freedom of information, Penalties, Privacy.

Dated: March 2, 2026. Pierre Gentin, General Counsel of the U.S. Department of Commerce. For the reasons set forth above, part 4 of title 15 of the Code of Federal Regulations is amended by making the following
correcting amendments:

PART 4—DISCLOSURE OF GOVERNMENT INFORMATION

Regulatory Text 1. The authority citation for part 4 continues to read as follows:

Authority:

5 U.S.C. 301; 5 U.S.C. 552; 5 U.S.C. 552a; 5 U.S.C. 553; 31 U.S.C. 3717; 44 U.S.C. 3101; Reorganization Plan No. 5 of 1950.

Subpart B—Privacy Act

Regulatory Text 2. Amend § 4.29 by revising paragraphs (h) and (i) to read as follows:

§ 4.29 Appeal of initial adverse agency determination on correction or amendment.

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(h) In making the final determination, the Assistant General Counsel for Employment, Litigation and Information, or in the
case of an initial denial by the Office of the Inspector General, the Counsel to the Inspector General, shall employ the criteria
set forth in § 4.28(c) and shall deny an appeal only on grounds set forth in § 4.28(e).

(i) If an appeal is partially granted and partially denied, the Assistant General Counsel for Employment, Litigation and Information,
or in the case of an initial denial by the Office of the Inspector General, the Counsel to the Inspector General, shall follow
the appropriate procedures of this section as to the records within the grant and the records within the denial.

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[FR Doc. 2026-04352 Filed 3-4-26; 8:45 am] BILLING CODE 3510-17-P

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