Office of the Special Inspector General for the Troubled Asset Relief Program; Privacy Act of 1974; Proposed Implementation, 2086-2090 [2010-293]
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2086
Proposed Rules
Federal Register
Vol. 75, No. 9
Thursday, January 14, 2010
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.
DEPARTMENT OF THE TREASURY
Office of the Secretary
31 CFR Part 1
RIN 1505–AC22
Office of the Special Inspector General
for the Troubled Asset Relief Program;
Privacy Act of 1974; Proposed
Implementation
Departmental Offices, Treasury.
Proposed rule.
AGENCY:
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ACTION:
SUMMARY: In accordance with the
requirements of the Privacy Act of 1974,
5 U.S.C. 552a, the Department of the
Treasury gives notice of a proposed
amendment to this part to exempt
several systems of records maintained
by the Office of the Special Inspector
General for the Troubled Asset Relief
Program (SIGTARP) from certain
provisions of the Privacy Act.
DATES: Comments must be received no
later than February 16, 2010.
ADDRESSES: Comments should be sent to
Bryan Saddler, Chief Counsel, Office of
the Special Inspector General for the
Troubled Asset Relief Program, 1500
Pennsylvania Avenue, NW., Room 1010,
Washington, DC 20220. Comments will
be made available for inspection upon
written request. You may also submit
comments through the Federal
rulemaking portal at https://
www.regulations.gov (follow the
instructions for submitting comments).
FOR FURTHER INFORMATION CONTACT:
Bryan Saddler, Chief Counsel, Office of
the Special Inspector General for the
Troubled Asset Relief Program, 1500
Pennsylvania Avenue, NW., Room 1010,
Washington, DC 20220, (202) 927–8938.
SUPPLEMENTARY INFORMATION: The
Emergency Economic Stabilization Act
of 2008 (Act), Public Law 110–343,
established the Troubled Asset Relief
Program, and, at section 121 (12 U.S.C.
5231), created SIGTARP. SIGTARP is
responsible for coordinating and
conducting audits and investigations of
any program established by the
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Secretary under sections 101 and 102 of
the Act. SIGTARP’s duties and
operating authority are set forth under
section 121 of the Act, as amended, and
the Inspector General Act of 1978, as
amended, 5 U.S.C. App. 3. SIGTARP
conducts, supervises, and coordinates
audits and investigations relating to the
programs and operations of the
Troubled Asset Relief Program (TARP)
and related entities.
The Department of the Treasury is
publishing separately the notices of the
new systems of records to be maintained
by SIGTARP.
Under 5 U.S.C. 552a(j)(2), the head of
a Federal agency may promulgate rules
to exempt a system of records from
certain provisions of 5 U.S.C. 552a if the
system of records is ‘‘maintained by an
agency or component thereof which
performs as its principal function any
activity pertaining to the enforcement of
criminal laws, including police efforts
to prevent, control, or reduce crime or
to apprehend criminals, and the
activities of prosecutors, courts,
correctional, probation, pardon, or
parole authorities, and which consists of
(A) information compiled for the
purpose of identifying individual
criminal offenders and alleged offenders
and consisting only of identifying data
and notations of arrests, the nature and
disposition of criminal charges,
sentencing, confinement, release, and
parole and probation status; (B)
information compiled for the purpose of
a criminal investigation, including
reports of informants and investigators,
and associated with an identifiable
individual; or (C) reports identifiable to
an individual compiled at any stage of
the process of enforcement of the
criminal laws from arrest or indictment
through release from supervision.’’
To the extent that these systems of
records contain investigative material
within the provisions of 5 U.S.C.
552a(j)(2), the Department of the
Treasury proposes to exempt the
following systems of records from
various provisions of the Privacy Act
pursuant to 5 U.S.C. 552a(j)(2):
DO .220—SIGTARP Hotline Database.
DO .221—SIGTARP Correspondence
Database.
DO .222—SIGTARP Investigative MIS
Database.
DO .223—SIGTARP Investigative
Files Database.
DO .224—SIGTARP Audit Files
Database.
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The proposed exemption under 5
U.S.C. 552a(j)(2) for the abovereferenced systems of records is from
provisions 5 U.S.C. 552a (c)(3), (c)(4),
(d)(1), (d)(2), (d)(3), (d)(4), (e)(1), (e)(2),
(e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5),
(e)(8), (f), and (g).
The following are the reasons why the
investigative material contained in the
above-referenced systems of records
maintained by SIGTARP may be
exempted from various provisions of the
Privacy Act pursuant to 5 U.S.C.
552a(j)(2).
(1) 5 U.S.C. 552a(e)(4)(G) and (f)(l)
enable individuals to inquire whether a
system of records contains records
pertaining to themselves. Disclosure of
this information to the subjects of
investigations would provide
individuals with information
concerning the nature and scope of any
current investigation. Further, providing
information as required by this
provision would alert the individual to
the existence of an investigation and
afford the individual an opportunity to
attempt to conceal his/her criminal
activities so as to avoid apprehension,
may enable the individual to avoid
detection or apprehension, may enable
the destruction or alteration of evidence
of the criminal conduct that would form
the basis for an arrest, and could impede
or impair SIGTARP’s ability to
investigate the matter. In addition, to
provide this type of information may
enable individuals to learn whether they
have been identified as subjects of
investigation.
(2) 5 U.S.C. 552a(d)(1), (e)(4)(H), and
(f)(2), (3), and (5) grant individuals
access, or concern procedures by which
an individual may gain access, to
records pertaining to themselves.
Disclosure of this information to the
subjects of investigations would provide
them with information concerning the
nature and scope of any current
investigation, may enable them to avoid
detection or apprehension, may enable
them to destroy or alter evidence of
criminal conduct that would form the
basis for their arrest, and could impede
or impair SIGTARP’s ability to
investigate the matter. In addition,
permitting access to investigative files
and records could disclose the identity
of confidential sources and the nature of
the information supplied by informants
as well as endanger the physical safety
of those sources by exposing them to
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possible reprisals for having provided
the information. Confidential sources
and informers might refuse to provide
SIGTARP with valuable information
unless they believe that their identities
would not be revealed through
disclosure of their names or the nature
of the information they supplied. Loss
of access to such sources would
seriously impair SIGTARP’s ability to
perform its law enforcement
responsibilities. Furthermore, providing
access to records contained in the
systems of records could reveal the
identities of undercover law
enforcement officers who compiled
information regarding the individual’s
criminal activities, thereby endangering
the physical safety of those undercover
officers by exposing them to possible
reprisals. Permitting access in keeping
with these provisions would also
discourage other law enforcement and
regulatory agencies from freely sharing
information with SIGTARP and thus
would restrict its access to information
necessary to accomplish its mission
most effectively.
(3) 5 U.S.C. 552a(d)(2), (3), and (4),
(e)(4)(H), and (f)(4) permit an individual
to request amendment of a record
pertaining to the individual or concern
related procedures, and require the
agency either to amend the record or to
note the disputed portion of the record,
and to provide a copy of the
individual’s statement of disagreement
with the agency’s refusal to amend a
record to persons or other agencies to
whom the record is thereafter disclosed.
Since these provisions depend upon the
individual having access to his or her
records, and since an exemption from
the provisions of 5 U.S.C. 552a relating
to access to records is proposed, for the
reasons set out in the preceding
paragraph of this section, these
provisions should not apply to the
above-listed systems of records.
(4) 5 U.S.C. 552a(c)(3) requires an
agency to make accountings of
disclosures of a record available to the
individual named in the record upon
his or her request. Making accountings
of disclosures available to the subjects
of investigations would alert them to the
fact that SIGTARP is conducting an
investigation into their activities as well
as identify the nature, scope, and
purpose of that investigation. Providing
accountings to the subjects of
investigations would alert them to the
fact that SIGTARP has information
regarding their activities and could
inform them of the general nature of that
information. The subjects of the
investigations, if provided an
accounting of disclosures, would be able
to take measures to avoid detection or
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apprehension by altering their
operations or by destroying or
concealing evidence that would form
the basis for detection or apprehension.
(5) 5 U.S.C. 552a(c)(4) requires an
agency to inform any person or other
agency about any correction or notation
of dispute that the agency made in
accordance with 5 U.S.C. 552a(d) to any
record that the agency disclosed to the
person or agency if an accounting of the
disclosure was made. Since this
provision depends on an individual’s
having access to and an opportunity to
request amendment of records
pertaining to the individual, and since
an exemption from the provisions of 5
U.S.C. 552a relating to access to, and
amendment of, records is proposed for
the reasons set out in paragraph (2) of
this section, this provision should not
apply to these systems of records.
(6) 5 U.S.C. 552a(e)(4)(I) requires an
agency to publish a general notice
listing the categories of sources for
information contained in a system of
records. Revealing sources of
information could disclose investigative
techniques and procedures, result in
threats or reprisals against confidential
informants by the subjects of
investigations, and cause confidential
informants to refuse to give full
information to criminal investigators for
fear of having their identities as sources
disclosed.
(7) 5 U.S.C. 552a(e)(1) requires an
agency to maintain in its records only
such information about an individual as
is relevant and necessary to accomplish
a purpose of the agency required to be
accomplished by statute or Executive
Order. The term ‘‘maintain,’’ as defined
in 5 U.S.C. 552a(a)(3), includes ‘‘collect’’
and ‘‘disseminate.’’ The application of
this provision could impair SIGTARP’s
ability to collect and disseminate
valuable law enforcement information.
In the early stages of an investigation, it
may be impossible to determine
whether information collected is
relevant and necessary, and information
that initially appears irrelevant and
unnecessary often may, upon further
evaluation or upon review of
information developed subsequently,
prove particularly relevant and
necessary to a law enforcement
program. Compliance with the records
maintenance criteria listed in the
foregoing provision would require
SIGTARP to periodically update the
investigatory material it collects and
maintains in these systems to ensure
that the information remains timely and
complete. Further, SIGTARP oftentimes
will uncover evidence of violations of
law that fall within the investigative
jurisdiction of other law enforcement
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agencies. To promote effective law
enforcement, SIGTARP will refer this
evidence to other law enforcement
agencies, including State, local, and
foreign agencies, that have jurisdiction
over the offenses to which the
information relates. If required to adhere
to the provisions of 5 U.S.C. 552a(e)(1),
SIGTARP might be placed in the
position of having to ignore information
relating to violations of law not within
its jurisdiction when that information
comes to SIGTARP’s attention during
the collection and analysis of
information in its records.
(8) 5 U.S.C. 552a(e)(2) requires an
agency to collect information to the
greatest extent practicable directly from
the subject individual when the
information may result in adverse
determinations about an individual’s
rights, benefits, and privileges under
Federal programs. The application of
this provision to the above-referenced
systems of records would impair
SIGTARP’s ability to collect, analyze,
and disseminate investigative,
intelligence, and enforcement
information. During criminal
investigations it is often a matter of
sound investigative procedure to obtain
information from a variety of sources to
verify the accuracy of the information
obtained. SIGTARP often collects
information about the subject of a
criminal investigation from third
parties, such as witnesses and
informants. It is usually not feasible to
rely upon the subject of the
investigation as a credible source for
information regarding his or her alleged
criminal activities. An attempt to obtain
information from the subject of a
criminal investigation will often alert
that individual to the existence of an
investigation, thereby affording the
individual an opportunity to attempt to
conceal his criminal activities so as to
avoid apprehension.
(9) 5 U.S.C. 552a(e)(3) requires an
agency to inform each individual, whom
it asks to supply information, of the
agency’s authority for soliciting the
information, whether disclosure of
information is voluntary or mandatory,
the principal purpose(s) for which the
agency will use the information, the
routine uses that may be made of the
information, and the effects on the
individual of not providing all or part of
the information. The above-referenced
systems of records should be exempted
from these provisions to avoid
impairing SIGTARP’s ability to collect
and maintain investigative material.
Confidential sources or undercover law
enforcement officers often obtain
information under circumstances in
which it is necessary to keep the true
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purpose of their actions secret so as not
to let the subject of the investigation or
his or her associates know that a
criminal investigation is in progress.
Further, application of this provision
could result in an unwarranted invasion
of the personal privacy of the subject of
the criminal investigation, particularly
where further investigation reveals that
the subject was not involved in any
criminal activity.
(10) 5 U.S.C. 552a(e)(5) requires an
agency to maintain all records it uses in
making any determination about any
individual with such accuracy,
relevance, timeliness, and completeness
as is reasonably necessary to assure
fairness to the individual in the
determination. Since 5 U.S.C. 552a(a)(3)
defines ‘‘maintain’’ to include ‘‘collect’’
and ‘‘disseminate,’’ application of this
provision to the systems of records
would hinder the initial collection of
any information that could not, at the
moment of collection, be determined to
be accurate, relevant, timely, and
complete. In collecting information
during a criminal investigation, it is
often neither possible nor feasible to
determine accuracy, relevance,
timeliness, or completeness at the time
that the information is collected.
Information that may initially appear
inaccurate, irrelevant, untimely, or
incomplete may, when analyzed with
other available information, become
more relevant as an investigation
progresses. Compliance with the records
maintenance criteria listed in the
foregoing provision would require the
periodic review of SIGTARP’s
investigative records to insure that the
records maintained in the system
remain timely, accurate, relevant, and
complete.
(11) 5 U.S.C. 552a(e)(8) requires an
agency to make reasonable efforts to
serve notice on an individual when the
agency makes any record on the
individual available to any person
under compulsory legal process, when
such process becomes a matter of public
record. The above-referenced systems of
records should be exempted from this
provision to avoid revealing
investigative techniques and procedures
outlined in those records and to prevent
revelation of the existence of an ongoing
investigation where there is need to
keep the existence of the investigation
secret.
(12) 5 U.S.C. 552a(g) provides for civil
remedies to an individual when an
agency wrongfully refuses to amend a
record or to review a request for
amendment, when an agency
wrongfully refuses to grant access to a
record, when an agency fails to maintain
accurate, relevant, timely, and complete
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records which are used to make a
determination adverse to the individual,
and when an agency fails to comply
with any other provision of 5 U.S.C.
552a so as to adversely affect the
individual. The investigatory
information in the above-referenced
systems of records should be exempted
from this provision to the extent that the
civil remedies may relate to provisions
of 5 U.S.C. 552a from which this would
exempt the systems of records, since
there should be no civil remedies for
failure to comply with provisions from
which SIGTARP is exempted.
Exemption from this provision will also
protect SIGTARP from baseless civil
court actions that might hamper its
ability to collect, analyze, and
disseminate investigative, intelligence,
and law enforcement data.
Under 5 U.S.C. 552a(k)(2), the head of
a Federal agency may promulgate rules
to exempt a system of records from
certain provisions of 5 U.S.C. 552a if the
system of records is ‘‘investigatory
material compiled for law enforcement
purposes, other than material within the
scope of subsection (j)(2).’’ To the extent
that these systems of records contain
investigative material within the
provisions of 5 U.S.C. 552a(k)(2), the
Department of the Treasury proposes to
exempt the following systems of records
from various provisions of the Privacy
Act pursuant to 5 U.S.C. 552a(k)(2):
DO .220—SIGTARP Hotline Database.
DO .221—SIGTARP Correspondence
Database.
DO .222—SIGTARP Investigative MIS
Database.
DO .223—SIGTARP Investigative
Files Database.
DO .224—SIGTARP Audit Files
Database.
The proposed exemption under 5
U.S.C. 552a(k)(2) for the abovereferenced systems of records is from
provisions 5 U.S.C. 552a(c)(3), (d)(1),
(d)(2), (d)(3), (d)(4), (e)(1), (e)(4)(G),
(e)(4)(H), (e)(4)(I), and (f).
The following are the reasons why the
investigative material contained in the
above-referenced systems of records
maintained by SIGTARP may be
exempted from various provisions
pursuant to 5 U.S.C. 552a(k)(2).
(1) 5 U.S.C. 552a(c)(3) requires an
agency to make accountings of
disclosures of a record available to the
individual named in the record upon
his or her request. The accountings must
state the date, nature, and purpose of
disclosures of the record and the names
and addresses of recipients. Making
accountings of disclosures available to
the subjects of investigations would
alert them to the fact that SIGTARP is
conducting an investigation into their
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activities as well as identify the nature,
scope, and purpose of that investigation.
The subjects of investigations, if
provided an accounting of disclosures,
would be able to take measures to avoid
detection or apprehension by destroying
or concealing evidence that would form
the basis for detection or apprehension.
(2) 5 U.S.C. 552a(d)(1), (e)(4)(H), and
(f)(2), (3), and (5) grant individuals
access, or concern procedures by which
an individual may gain access, to
records pertaining to them. Disclosure
of this information to the subjects of
investigations would provide
individuals with information
concerning the nature and scope of any
current investigation, may enable them
to avoid detection or apprehension, may
enable them to destroy or alter evidence
of criminal conduct that would form the
basis for their arrest, and could impede
or impair SIGTARP’s ability to
investigate the matter. In addition,
permitting access to investigative files
and records could disclose the identity
of confidential sources and the nature of
the information supplied by informants
as well as endanger the physical safety
of those sources by exposing them to
possible reprisals for having provided
the information. Confidential sources
and informers might refuse to provide
SIGTARP with valuable information
unless they believe that their identities
would not be revealed through
disclosure of their names or the nature
of the information they supplied. Loss
of access to such sources would
seriously impair SIGTARP’s ability to
perform its law enforcement
responsibilities. Furthermore, providing
access to records contained in the
systems of records could reveal the
identities of undercover law
enforcement officers who compiled
information regarding the individual’s
criminal activities, thereby endangering
the physical safety of those undercover
officers by exposing them to possible
reprisals. Permitting access in keeping
with these provisions would also
discourage other law enforcement and
regulatory agencies, foreign or domestic,
from freely sharing information with
SIGTARP and thus would restrict its
access to information necessary to
accomplish its mission most effectively.
(3) 5 U.S.C. 552a(d)(2), (3), and (4),
(e)(4)(H), and (f)(4) permit an individual
to request amendment of a record
pertaining to the individual or concern
related procedures, and require the
agency either to amend the record or to
note the disputed portion of the record,
and to provide a copy of the
individual’s statement of disagreement
with the agency’s refusal to amend a
record to persons or other agencies to
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whom the record is thereafter disclosed.
Since these provisions depend upon the
individual having access to his or her
records, and since an exemption from
the provisions of 5 U.S.C. 552a relating
to access to records is proposed for the
reasons set out in the preceding
paragraph of this section, these
provisions should not apply to the
above-listed systems of records.
(4) 5 U.S.C. 552a(e)(1) requires an
agency to maintain in its records only
such information about an individual as
is relevant and necessary to accomplish
a purpose of the agency required to be
accomplished by statute or Executive
Order. The term ‘‘maintain,’’ as defined
in 5 U.S.C. 552a(a)(3), includes ‘‘collect’’
and ‘‘disseminate.’’ The application of
this provision could impair SIGTARP’s
ability to collect and disseminate
valuable law enforcement information.
In the early stages of an investigation, it
may be impossible to determine
whether information collected is
relevant and necessary, and information
that initially appears irrelevant and
unnecessary often may, upon further
evaluation or upon review of
information developed subsequently,
prove particularly relevant and
necessary to the investigation.
Compliance with the records
maintenance provisions would require
SIGTARP to periodically update the
investigatory information it collects and
maintains to ensure that the records in
these systems remain timely, accurate,
and complete. Further, SIGTARP
oftentimes will uncover evidence of
violations of law that fall within the
investigative jurisdiction of other law
enforcement agencies. To promote
effective law enforcement, SIGTARP
will refer this evidence to other law
enforcement agencies, including State,
local, and foreign agencies, that have
jurisdiction over the offenses to which
the information relates. If required to
adhere to the provisions of 5 U.S.C.
552a(e)(1), SIGTARP might be placed in
the position of having to ignore
information relating to violations of law
not within its jurisdiction when that
information comes to SIGTARP’s
attention during the collection and
analysis of information in its records.
(5) 5 U.S.C. 552a(e)(4)(G) and (f)(1)
enable individuals to inquire whether a
system of records contains records
pertaining to them. Application of these
provisions to the above-referenced
systems of records could allow
individuals to learn whether they have
been identified as subjects of
investigation. Access to such knowledge
would impair SIGTARP’s ability to carry
out its mission, since individuals could
take steps to avoid detection and
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destroy or hide evidence needed to
prove the violation.
(6) 5 U.S.C. 552a(e)(4)(I) requires an
agency to publish a general notice
listing the categories of sources for
information contained in a system of
records. Revealing sources of
information could disclose investigative
techniques and procedures, result in
threats or reprisals against confidential
informants by the subjects of
investigations, and cause confidential
informants to refuse to give full
information to criminal investigators for
fear of having their identities as sources
disclosed.
Any information from a system of
records for which an exemption is
claimed under 5 U.S.C. 552a(j) or (k)
which is also included in another
system of records retains the same
exempt status such information has in
the system for which such exemption is
claimed.
This proposed rule is not a
‘‘significant regulatory action’’ under
Executive Order 12866.
Pursuant to the requirements of the
Regulatory Flexibility Act (RFA), 5
U.S.C. 601–612, it is hereby certified
that this rule will not have significant
economic impact on a substantial
number of small entities. The term
‘‘small entity’’ is defined to have the
same meaning as the terms ‘‘small
business’’, ‘‘small organization’’ and
‘‘small governmental jurisdiction’’ as
defined in the RFA.
The proposed regulation, issued
under section 522a(j)(2) and (k) of the
Privacy Act, is to exempt certain
information maintained by the
Department in the above systems of
records from notification, access and
amendment of a record by individuals
who are citizens of the United States or
an alien lawfully admitted for
permanent residence. In as much as the
Privacy Act rights are personal and
apply only to U.S. citizens or an alien
lawfully admitted for permanent
residence, small entities, as defined in
the RFA, are not provided rights under
the Privacy Act and are outside the
scope of this regulation.
amended. Subpart C also issued under 5
U.S.C. 552a, as amended.
List of Subjects in 31 CFR Part 1
*
*
*
*
*
DO .220 ... SIGTARP Hotline Database.
DO .221 ... SIGTARP
Correspondence
Database.
DO .222 ... SIGTARP
Investigative
MIS
Database.
DO .223 ... SIGTARP Investigative Files
Database.
DO .224 ... SIGTARP Audit Files Database.
Privacy.
Part 1, Subpart C of Title 31 of the
Code of Federal Regulations is proposed
to be amended as follows:
PART 1—[AMENDED]
1. The authority citation for part 1
continues to read as follows:
Authority: 5 U.S.C. 301 and 31 U.S.C. 321.
Subpart A also issued under 5 U.S.C. 552, as
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2. Section 1.36 is amended as follows:
a. Paragraph (c)(1)(i) is amended by
adding ‘‘DO .220—SIGTARP Hotline
Database; DO .221—SIGTARP
Correspondence Database; DO .222—
SIGTARP Investigative MIS Database;
DO .223—SIGTARP Investigative Files
Database; and DO .224—SIGTARP Audit
Files Database’’ to the table in numerical
order.
b. Paragraph (g)(1)(i) is amended by
adding ‘‘DO .220—SIGTARP Hotline
Database; DO .221—SIGTARP
Correspondence Database; DO .222—
SIGTARP Investigative MIS Database;
DO .223—SIGTARP Investigative Files
Database, and DO .224—SIGTARP Audit
Files Database’’ to the table in numerical
order.
The additions to § 1.36 read as
follows:
§ 1.36 Systems exempt in whole or in part
from provisions of 5 U.S.C. 522a and this
part.
*
*
(c) * *
(1) * *
(i) * *
*
*
*
*
*
Number
*
System name
*
*
*
*
*
DO .220 ... SIGTARP Hotline Database.
DO .221 ... SIGTARP
Correspondence
Database.
DO .222 ... SIGTARP
Investigative
MIS
Database.
DO .223 ... SIGTARP Investigative Files
Database.
DO .224 ... SIGTARP Audit Files Database.
*
*
*
*
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2090
Federal Register / Vol. 75, No. 9 / Thursday, January 14, 2010 / Proposed Rules
Dated: January 4, 2010.
Melissa Hartman,
Acting Deputy Assistant Secretary for Privacy
and Treasury Records.
[FR Doc. 2010–293 Filed 1–13–10; 8:45 am]
BILLING CODE 4810–25–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2009–0513; FRL–9103–1]
Approval and Promulgation of Air
Quality Implementation Plans; Indiana;
Volatile Organic Compound
Automobile Refinishing Rules for
Indiana
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
AGENCY:
SUMMARY: On June 5, 2009, the Indiana
Department of Environmental
Management (IDEM) submitted
amendments to Indiana’s automobile
refinishing rule for approval into its
State Implementation Plan (SIP). These
rule revisions extend the applicability of
Indiana’s approved volatile organic
compound (VOC) automobile
refinishing rules to all persons in
Indiana who sell or manufacture
automobile refinishing coatings or who
refinish motor vehicles. The rules are
approvable because they are consistent
with the Clean Air Act (Act) and EPA
regulations, and should result in
additional VOC emission reductions
throughout Indiana.
DATES: Comments must be received on
or before February 16, 2010.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2009–0513, by one of the
following methods:
1. https://www.regulations.gov: Follow
the online instructions for submitting
comments.
2. E-mail: mooney.john@epa.gov.
3. Fax: (312) 692–2551.
4. Mail: John M. Mooney, Chief,
Criteria Pollutant Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: John M. Mooney,
Chief, Criteria Pollutant Section, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, Chicago,
Illinois 60604. Such deliveries are only
accepted during the regional office
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information. The
VerDate Nov<24>2008
13:37 Jan 13, 2010
Jkt 220001
regional office official hours of business
are Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2009–
0513. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters and any form of
encryption, and be free of any defects or
viruses. For additional instructions on
submitting comments, go to Section I of
the SUPPLEMENTARY INFORMATION section
of this document.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Steven
Rosenthal at (312) 886–6052 before
visiting the Region 5 office.
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
FOR FURTHER INFORMATION CONTACT:
Steven Rosenthal, Environmental
Engineer, Criteria Pollutant Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6052.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. What Should I Consider as I Prepare My
Comments for EPA?
II. What Action Is EPA Taking Today and
What Is the Purpose of This Action?
III. What Is EPA’s Analysis of Indiana’s
Automobile Refinishing Rule?
IV. Statutory and Executive Order Reviews
I. What Should I Consider as I Prepare
My Comments for EPA?
When submitting comments,
remember to:
1. Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
2. Follow directions—The EPA may
ask you to respond to specific questions
or organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
3. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
4. Describe any assumptions and
provide any technical information and/
or data that you used.
5. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
6. Provide specific examples to
illustrate your concerns, and suggest
alternatives.
7. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
8. Make sure to submit your
comments by the comment period
deadline identified.
II. What Action Is EPA Taking Today
and What Is the Purpose of This
Action?
EPA is proposing to approve rule
revisions that broaden the coverage of
Indiana’s VOC automobile refinishing
SIP rules to include to all persons in
Indiana who sell or manufacture
automobile refinishing coatings or who
refinish motor vehicles. Given the
revised rule’s focus on VOC coating
limitations and work practice standards,
Indiana has also deleted references to
control technology requirements.
E:\FR\FM\14JAP1.SGM
14JAP1
]]>Agencies
[Federal Register Volume 75, Number 9 (Thursday, January 14, 2010)]
[Proposed Rules]
[Pages 2086-2090]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-293]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
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.
========================================================================
Federal Register / Vol. 75, No. 9 / Thursday, January 14, 2010 /
Proposed Rules
[[Page 2086]]
DEPARTMENT OF THE TREASURY
Office of the Secretary
31 CFR Part 1
RIN 1505-AC22
Office of the Special Inspector General for the Troubled Asset
Relief Program; Privacy Act of 1974; Proposed Implementation
AGENCY: Departmental Offices, Treasury.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: In accordance with the requirements of the Privacy Act of
1974, 5 U.S.C. 552a, the Department of the Treasury gives notice of a
proposed amendment to this part to exempt several systems of records
maintained by the Office of the Special Inspector General for the
Troubled Asset Relief Program (SIGTARP) from certain provisions of the
Privacy Act.
DATES: Comments must be received no later than February 16, 2010.
ADDRESSES: Comments should be sent to Bryan Saddler, Chief Counsel,
Office of the Special Inspector General for the Troubled Asset Relief
Program, 1500 Pennsylvania Avenue, NW., Room 1010, Washington, DC
20220. Comments will be made available for inspection upon written
request. You may also submit comments through the Federal rulemaking
portal at https://www.regulations.gov (follow the instructions for
submitting comments).
FOR FURTHER INFORMATION CONTACT: Bryan Saddler, Chief Counsel, Office
of the Special Inspector General for the Troubled Asset Relief Program,
1500 Pennsylvania Avenue, NW., Room 1010, Washington, DC 20220, (202)
927-8938.
SUPPLEMENTARY INFORMATION: The Emergency Economic Stabilization Act of
2008 (Act), Public Law 110-343, established the Troubled Asset Relief
Program, and, at section 121 (12 U.S.C. 5231), created SIGTARP. SIGTARP
is responsible for coordinating and conducting audits and
investigations of any program established by the Secretary under
sections 101 and 102 of the Act. SIGTARP's duties and operating
authority are set forth under section 121 of the Act, as amended, and
the Inspector General Act of 1978, as amended, 5 U.S.C. App. 3. SIGTARP
conducts, supervises, and coordinates audits and investigations
relating to the programs and operations of the Troubled Asset Relief
Program (TARP) and related entities.
The Department of the Treasury is publishing separately the notices
of the new systems of records to be maintained by SIGTARP.
Under 5 U.S.C. 552a(j)(2), the head of a Federal agency may
promulgate rules to exempt a system of records from certain provisions
of 5 U.S.C. 552a if the system of records is ``maintained by an agency
or component thereof which performs as its principal function any
activity pertaining to the enforcement of criminal laws, including
police efforts to prevent, control, or reduce crime or to apprehend
criminals, and the activities of prosecutors, courts, correctional,
probation, pardon, or parole authorities, and which consists of (A)
information compiled for the purpose of identifying individual criminal
offenders and alleged offenders and consisting only of identifying data
and notations of arrests, the nature and disposition of criminal
charges, sentencing, confinement, release, and parole and probation
status; (B) information compiled for the purpose of a criminal
investigation, including reports of informants and investigators, and
associated with an identifiable individual; or (C) reports identifiable
to an individual compiled at any stage of the process of enforcement of
the criminal laws from arrest or indictment through release from
supervision.''
To the extent that these systems of records contain investigative
material within the provisions of 5 U.S.C. 552a(j)(2), the Department
of the Treasury proposes to exempt the following systems of records
from various provisions of the Privacy Act pursuant to 5 U.S.C.
552a(j)(2):
DO .220--SIGTARP Hotline Database.
DO .221--SIGTARP Correspondence Database.
DO .222--SIGTARP Investigative MIS Database.
DO .223--SIGTARP Investigative Files Database.
DO .224--SIGTARP Audit Files Database.
The proposed exemption under 5 U.S.C. 552a(j)(2) for the above-
referenced systems of records is from provisions 5 U.S.C. 552a (c)(3),
(c)(4), (d)(1), (d)(2), (d)(3), (d)(4), (e)(1), (e)(2), (e)(3),
(e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (f), and (g).
The following are the reasons why the investigative material
contained in the above-referenced systems of records maintained by
SIGTARP may be exempted from various provisions of the Privacy Act
pursuant to 5 U.S.C. 552a(j)(2).
(1) 5 U.S.C. 552a(e)(4)(G) and (f)(l) enable individuals to inquire
whether a system of records contains records pertaining to themselves.
Disclosure of this information to the subjects of investigations would
provide individuals with information concerning the nature and scope of
any current investigation. Further, providing information as required
by this provision would alert the individual to the existence of an
investigation and afford the individual an opportunity to attempt to
conceal his/her criminal activities so as to avoid apprehension, may
enable the individual to avoid detection or apprehension, may enable
the destruction or alteration of evidence of the criminal conduct that
would form the basis for an arrest, and could impede or impair
SIGTARP's ability to investigate the matter. In addition, to provide
this type of information may enable individuals to learn whether they
have been identified as subjects of investigation.
(2) 5 U.S.C. 552a(d)(1), (e)(4)(H), and (f)(2), (3), and (5) grant
individuals access, or concern procedures by which an individual may
gain access, to records pertaining to themselves. Disclosure of this
information to the subjects of investigations would provide them with
information concerning the nature and scope of any current
investigation, may enable them to avoid detection or apprehension, may
enable them to destroy or alter evidence of criminal conduct that would
form the basis for their arrest, and could impede or impair SIGTARP's
ability to investigate the matter. In addition, permitting access to
investigative files and records could disclose the identity of
confidential sources and the nature of the information supplied by
informants as well as endanger the physical safety of those sources by
exposing them to
[[Page 2087]]
possible reprisals for having provided the information. Confidential
sources and informers might refuse to provide SIGTARP with valuable
information unless they believe that their identities would not be
revealed through disclosure of their names or the nature of the
information they supplied. Loss of access to such sources would
seriously impair SIGTARP's ability to perform its law enforcement
responsibilities. Furthermore, providing access to records contained in
the systems of records could reveal the identities of undercover law
enforcement officers who compiled information regarding the
individual's criminal activities, thereby endangering the physical
safety of those undercover officers by exposing them to possible
reprisals. Permitting access in keeping with these provisions would
also discourage other law enforcement and regulatory agencies from
freely sharing information with SIGTARP and thus would restrict its
access to information necessary to accomplish its mission most
effectively.
(3) 5 U.S.C. 552a(d)(2), (3), and (4), (e)(4)(H), and (f)(4) permit
an individual to request amendment of a record pertaining to the
individual or concern related procedures, and require the agency either
to amend the record or to note the disputed portion of the record, and
to provide a copy of the individual's statement of disagreement with
the agency's refusal to amend a record to persons or other agencies to
whom the record is thereafter disclosed. Since these provisions depend
upon the individual having access to his or her records, and since an
exemption from the provisions of 5 U.S.C. 552a relating to access to
records is proposed, for the reasons set out in the preceding paragraph
of this section, these provisions should not apply to the above-listed
systems of records.
(4) 5 U.S.C. 552a(c)(3) requires an agency to make accountings of
disclosures of a record available to the individual named in the record
upon his or her request. Making accountings of disclosures available to
the subjects of investigations would alert them to the fact that
SIGTARP is conducting an investigation into their activities as well as
identify the nature, scope, and purpose of that investigation.
Providing accountings to the subjects of investigations would alert
them to the fact that SIGTARP has information regarding their
activities and could inform them of the general nature of that
information. The subjects of the investigations, if provided an
accounting of disclosures, would be able to take measures to avoid
detection or apprehension by altering their operations or by destroying
or concealing evidence that would form the basis for detection or
apprehension.
(5) 5 U.S.C. 552a(c)(4) requires an agency to inform any person or
other agency about any correction or notation of dispute that the
agency made in accordance with 5 U.S.C. 552a(d) to any record that the
agency disclosed to the person or agency if an accounting of the
disclosure was made. Since this provision depends on an individual's
having access to and an opportunity to request amendment of records
pertaining to the individual, and since an exemption from the
provisions of 5 U.S.C. 552a relating to access to, and amendment of,
records is proposed for the reasons set out in paragraph (2) of this
section, this provision should not apply to these systems of records.
(6) 5 U.S.C. 552a(e)(4)(I) requires an agency to publish a general
notice listing the categories of sources for information contained in a
system of records. Revealing sources of information could disclose
investigative techniques and procedures, result in threats or reprisals
against confidential informants by the subjects of investigations, and
cause confidential informants to refuse to give full information to
criminal investigators for fear of having their identities as sources
disclosed.
(7) 5 U.S.C. 552a(e)(1) requires an agency to maintain in its
records only such information about an individual as is relevant and
necessary to accomplish a purpose of the agency required to be
accomplished by statute or Executive Order. The term ``maintain,'' as
defined in 5 U.S.C. 552a(a)(3), includes ``collect'' and
``disseminate.'' The application of this provision could impair
SIGTARP's ability to collect and disseminate valuable law enforcement
information. In the early stages of an investigation, it may be
impossible to determine whether information collected is relevant and
necessary, and information that initially appears irrelevant and
unnecessary often may, upon further evaluation or upon review of
information developed subsequently, prove particularly relevant and
necessary to a law enforcement program. Compliance with the records
maintenance criteria listed in the foregoing provision would require
SIGTARP to periodically update the investigatory material it collects
and maintains in these systems to ensure that the information remains
timely and complete. Further, SIGTARP oftentimes will uncover evidence
of violations of law that fall within the investigative jurisdiction of
other law enforcement agencies. To promote effective law enforcement,
SIGTARP will refer this evidence to other law enforcement agencies,
including State, local, and foreign agencies, that have jurisdiction
over the offenses to which the information relates. If required to
adhere to the provisions of 5 U.S.C. 552a(e)(1), SIGTARP might be
placed in the position of having to ignore information relating to
violations of law not within its jurisdiction when that information
comes to SIGTARP's attention during the collection and analysis of
information in its records.
(8) 5 U.S.C. 552a(e)(2) requires an agency to collect information
to the greatest extent practicable directly from the subject individual
when the information may result in adverse determinations about an
individual's rights, benefits, and privileges under Federal programs.
The application of this provision to the above-referenced systems of
records would impair SIGTARP's ability to collect, analyze, and
disseminate investigative, intelligence, and enforcement information.
During criminal investigations it is often a matter of sound
investigative procedure to obtain information from a variety of sources
to verify the accuracy of the information obtained. SIGTARP often
collects information about the subject of a criminal investigation from
third parties, such as witnesses and informants. It is usually not
feasible to rely upon the subject of the investigation as a credible
source for information regarding his or her alleged criminal
activities. An attempt to obtain information from the subject of a
criminal investigation will often alert that individual to the
existence of an investigation, thereby affording the individual an
opportunity to attempt to conceal his criminal activities so as to
avoid apprehension.
(9) 5 U.S.C. 552a(e)(3) requires an agency to inform each
individual, whom it asks to supply information, of the agency's
authority for soliciting the information, whether disclosure of
information is voluntary or mandatory, the principal purpose(s) for
which the agency will use the information, the routine uses that may be
made of the information, and the effects on the individual of not
providing all or part of the information. The above-referenced systems
of records should be exempted from these provisions to avoid impairing
SIGTARP's ability to collect and maintain investigative material.
Confidential sources or undercover law enforcement officers often
obtain information under circumstances in which it is necessary to keep
the true
[[Page 2088]]
purpose of their actions secret so as not to let the subject of the
investigation or his or her associates know that a criminal
investigation is in progress. Further, application of this provision
could result in an unwarranted invasion of the personal privacy of the
subject of the criminal investigation, particularly where further
investigation reveals that the subject was not involved in any criminal
activity.
(10) 5 U.S.C. 552a(e)(5) requires an agency to maintain all records
it uses in making any determination about any individual with such
accuracy, relevance, timeliness, and completeness as is reasonably
necessary to assure fairness to the individual in the determination.
Since 5 U.S.C. 552a(a)(3) defines ``maintain'' to include ``collect''
and ``disseminate,'' application of this provision to the systems of
records would hinder the initial collection of any information that
could not, at the moment of collection, be determined to be accurate,
relevant, timely, and complete. In collecting information during a
criminal investigation, it is often neither possible nor feasible to
determine accuracy, relevance, timeliness, or completeness at the time
that the information is collected. Information that may initially
appear inaccurate, irrelevant, untimely, or incomplete may, when
analyzed with other available information, become more relevant as an
investigation progresses. Compliance with the records maintenance
criteria listed in the foregoing provision would require the periodic
review of SIGTARP's investigative records to insure that the records
maintained in the system remain timely, accurate, relevant, and
complete.
(11) 5 U.S.C. 552a(e)(8) requires an agency to make reasonable
efforts to serve notice on an individual when the agency makes any
record on the individual available to any person under compulsory legal
process, when such process becomes a matter of public record. The
above-referenced systems of records should be exempted from this
provision to avoid revealing investigative techniques and procedures
outlined in those records and to prevent revelation of the existence of
an ongoing investigation where there is need to keep the existence of
the investigation secret.
(12) 5 U.S.C. 552a(g) provides for civil remedies to an individual
when an agency wrongfully refuses to amend a record or to review a
request for amendment, when an agency wrongfully refuses to grant
access to a record, when an agency fails to maintain accurate,
relevant, timely, and complete records which are used to make a
determination adverse to the individual, and when an agency fails to
comply with any other provision of 5 U.S.C. 552a so as to adversely
affect the individual. The investigatory information in the above-
referenced systems of records should be exempted from this provision to
the extent that the civil remedies may relate to provisions of 5 U.S.C.
552a from which this would exempt the systems of records, since there
should be no civil remedies for failure to comply with provisions from
which SIGTARP is exempted. Exemption from this provision will also
protect SIGTARP from baseless civil court actions that might hamper its
ability to collect, analyze, and disseminate investigative,
intelligence, and law enforcement data.
Under 5 U.S.C. 552a(k)(2), the head of a Federal agency may
promulgate rules to exempt a system of records from certain provisions
of 5 U.S.C. 552a if the system of records is ``investigatory material
compiled for law enforcement purposes, other than material within the
scope of subsection (j)(2).'' To the extent that these systems of
records contain investigative material within the provisions of 5
U.S.C. 552a(k)(2), the Department of the Treasury proposes to exempt
the following systems of records from various provisions of the Privacy
Act pursuant to 5 U.S.C. 552a(k)(2):
DO .220--SIGTARP Hotline Database.
DO .221--SIGTARP Correspondence Database.
DO .222--SIGTARP Investigative MIS Database.
DO .223--SIGTARP Investigative Files Database.
DO .224--SIGTARP Audit Files Database.
The proposed exemption under 5 U.S.C. 552a(k)(2) for the above-
referenced systems of records is from provisions 5 U.S.C. 552a(c)(3),
(d)(1), (d)(2), (d)(3), (d)(4), (e)(1), (e)(4)(G), (e)(4)(H),
(e)(4)(I), and (f).
The following are the reasons why the investigative material
contained in the above-referenced systems of records maintained by
SIGTARP may be exempted from various provisions pursuant to 5 U.S.C.
552a(k)(2).
(1) 5 U.S.C. 552a(c)(3) requires an agency to make accountings of
disclosures of a record available to the individual named in the record
upon his or her request. The accountings must state the date, nature,
and purpose of disclosures of the record and the names and addresses of
recipients. Making accountings of disclosures available to the subjects
of investigations would alert them to the fact that SIGTARP is
conducting an investigation into their activities as well as identify
the nature, scope, and purpose of that investigation. The subjects of
investigations, if provided an accounting of disclosures, would be able
to take measures to avoid detection or apprehension by destroying or
concealing evidence that would form the basis for detection or
apprehension.
(2) 5 U.S.C. 552a(d)(1), (e)(4)(H), and (f)(2), (3), and (5) grant
individuals access, or concern procedures by which an individual may
gain access, to records pertaining to them. Disclosure of this
information to the subjects of investigations would provide individuals
with information concerning the nature and scope of any current
investigation, may enable them to avoid detection or apprehension, may
enable them to destroy or alter evidence of criminal conduct that would
form the basis for their arrest, and could impede or impair SIGTARP's
ability to investigate the matter. In addition, permitting access to
investigative files and records could disclose the identity of
confidential sources and the nature of the information supplied by
informants as well as endanger the physical safety of those sources by
exposing them to possible reprisals for having provided the
information. Confidential sources and informers might refuse to provide
SIGTARP with valuable information unless they believe that their
identities would not be revealed through disclosure of their names or
the nature of the information they supplied. Loss of access to such
sources would seriously impair SIGTARP's ability to perform its law
enforcement responsibilities. Furthermore, providing access to records
contained in the systems of records could reveal the identities of
undercover law enforcement officers who compiled information regarding
the individual's criminal activities, thereby endangering the physical
safety of those undercover officers by exposing them to possible
reprisals. Permitting access in keeping with these provisions would
also discourage other law enforcement and regulatory agencies, foreign
or domestic, from freely sharing information with SIGTARP and thus
would restrict its access to information necessary to accomplish its
mission most effectively.
(3) 5 U.S.C. 552a(d)(2), (3), and (4), (e)(4)(H), and (f)(4) permit
an individual to request amendment of a record pertaining to the
individual or concern related procedures, and require the agency either
to amend the record or to note the disputed portion of the record, and
to provide a copy of the individual's statement of disagreement with
the agency's refusal to amend a record to persons or other agencies to
[[Page 2089]]
whom the record is thereafter disclosed. Since these provisions depend
upon the individual having access to his or her records, and since an
exemption from the provisions of 5 U.S.C. 552a relating to access to
records is proposed for the reasons set out in the preceding paragraph
of this section, these provisions should not apply to the above-listed
systems of records.
(4) 5 U.S.C. 552a(e)(1) requires an agency to maintain in its
records only such information about an individual as is relevant and
necessary to accomplish a purpose of the agency required to be
accomplished by statute or Executive Order. The term ``maintain,'' as
defined in 5 U.S.C. 552a(a)(3), includes ``collect'' and
``disseminate.'' The application of this provision could impair
SIGTARP's ability to collect and disseminate valuable law enforcement
information. In the early stages of an investigation, it may be
impossible to determine whether information collected is relevant and
necessary, and information that initially appears irrelevant and
unnecessary often may, upon further evaluation or upon review of
information developed subsequently, prove particularly relevant and
necessary to the investigation. Compliance with the records maintenance
provisions would require SIGTARP to periodically update the
investigatory information it collects and maintains to ensure that the
records in these systems remain timely, accurate, and complete.
Further, SIGTARP oftentimes will uncover evidence of violations of law
that fall within the investigative jurisdiction of other law
enforcement agencies. To promote effective law enforcement, SIGTARP
will refer this evidence to other law enforcement agencies, including
State, local, and foreign agencies, that have jurisdiction over the
offenses to which the information relates. If required to adhere to the
provisions of 5 U.S.C. 552a(e)(1), SIGTARP might be placed in the
position of having to ignore information relating to violations of law
not within its jurisdiction when that information comes to SIGTARP's
attention during the collection and analysis of information in its
records.
(5) 5 U.S.C. 552a(e)(4)(G) and (f)(1) enable individuals to inquire
whether a system of records contains records pertaining to them.
Application of these provisions to the above-referenced systems of
records could allow individuals to learn whether they have been
identified as subjects of investigation. Access to such knowledge would
impair SIGTARP's ability to carry out its mission, since individuals
could take steps to avoid detection and destroy or hide evidence needed
to prove the violation.
(6) 5 U.S.C. 552a(e)(4)(I) requires an agency to publish a general
notice listing the categories of sources for information contained in a
system of records. Revealing sources of information could disclose
investigative techniques and procedures, result in threats or reprisals
against confidential informants by the subjects of investigations, and
cause confidential informants to refuse to give full information to
criminal investigators for fear of having their identities as sources
disclosed.
Any information from a system of records for which an exemption is
claimed under 5 U.S.C. 552a(j) or (k) which is also included in another
system of records retains the same exempt status such information has
in the system for which such exemption is claimed.
This proposed rule is not a ``significant regulatory action'' under
Executive Order 12866.
Pursuant to the requirements of the Regulatory Flexibility Act
(RFA), 5 U.S.C. 601-612, it is hereby certified that this rule will not
have significant economic impact on a substantial number of small
entities. The term ``small entity'' is defined to have the same meaning
as the terms ``small business'', ``small organization'' and ``small
governmental jurisdiction'' as defined in the RFA.
The proposed regulation, issued under section 522a(j)(2) and (k) of
the Privacy Act, is to exempt certain information maintained by the
Department in the above systems of records from notification, access
and amendment of a record by individuals who are citizens of the United
States or an alien lawfully admitted for permanent residence. In as
much as the Privacy Act rights are personal and apply only to U.S.
citizens or an alien lawfully admitted for permanent residence, small
entities, as defined in the RFA, are not provided rights under the
Privacy Act and are outside the scope of this regulation.
List of Subjects in 31 CFR Part 1
Privacy.
Part 1, Subpart C of Title 31 of the Code of Federal Regulations is
proposed to be amended as follows:
PART 1--[AMENDED]
1. The authority citation for part 1 continues to read as follows:
Authority: 5 U.S.C. 301 and 31 U.S.C. 321. Subpart A also issued
under 5 U.S.C. 552, as amended. Subpart C also issued under 5 U.S.C.
552a, as amended.
2. Section 1.36 is amended as follows:
a. Paragraph (c)(1)(i) is amended by adding ``DO .220--SIGTARP
Hotline Database; DO .221--SIGTARP Correspondence Database; DO .222--
SIGTARP Investigative MIS Database; DO .223--SIGTARP Investigative
Files Database; and DO .224--SIGTARP Audit Files Database'' to the
table in numerical order.
b. Paragraph (g)(1)(i) is amended by adding ``DO .220--SIGTARP
Hotline Database; DO .221--SIGTARP Correspondence Database; DO .222--
SIGTARP Investigative MIS Database; DO .223--SIGTARP Investigative
Files Database, and DO .224--SIGTARP Audit Files Database'' to the
table in numerical order.
The additions to Sec. 1.36 read as follows:
Sec. 1.36 Systems exempt in whole or in part from provisions of 5
U.S.C. 522a and this part.
* * * * *
(c) * * *
(1) * * *
(i) * * *
------------------------------------------------------------------------
Number System name
------------------------------------------------------------------------
* * * * *
DO .220......................... SIGTARP Hotline Database.
DO .221......................... SIGTARP Correspondence Database.
DO .222......................... SIGTARP Investigative MIS Database.
DO .223......................... SIGTARP Investigative Files Database.
DO .224......................... SIGTARP Audit Files Database.
* * * * *
------------------------------------------------------------------------
* * * * *
(g) * * *
(1) * * *
(i) * * *
------------------------------------------------------------------------
Number System name
------------------------------------------------------------------------
* * * * *
DO .220......................... SIGTARP Hotline Database.
DO .221......................... SIGTARP Correspondence Database.
DO .222......................... SIGTARP Investigative MIS Database.
DO .223......................... SIGTARP Investigative Files Database.
DO .224......................... SIGTARP Audit Files Database.
* * * * *
------------------------------------------------------------------------
* * * * *
[[Page 2090]]
Dated: January 4, 2010.
Melissa Hartman,
Acting Deputy Assistant Secretary for Privacy and Treasury Records.
[FR Doc. 2010-293 Filed 1-13-10; 8:45 am]
BILLING CODE 4810-25-P
