Privacy Act Regulations, 37287-37288 [2010-15691]
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37287
Rules and Regulations
Federal Register
Vol. 75, No. 124
Tuesday, June 29, 2010
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
access to their records, and allow them
to request that the records be amended.
These provisions would interfere with
the Board’s oversight functions if
applied to the Board’s maintenance of
these systems of records.
Accordingly, these systems of records
are exempt from specified provisions of
the Privacy Act, pursuant to sections
552a(j)(2), (k)(2), and (k)(5):
Public Comments
RECOVERY ACCOUNTABILITY AND
TRANSPARENCY BOARD
The Board received one comment
expressing an individual’s opinion that
the Board’s amendment to its Privacy
Act regulations ‘‘would allow
investigators to really come through and
fully investigate in many fraud cases.’’
4 CFR Part 200
RIN 0430–AA03
Privacy Act Regulations
List of Subjects in 4 CFR Part 200
Recovery Accountability and
Transparency Board
ACTION: Final rule.
wwoods2 on DSK1DXX6B1PROD with RULES
AGENCY:
Privacy Act of 1974.
SUMMARY: The Recovery Accountability
and Transparency Board (Board)
amends its regulations implementing
the Privacy Act of 1974 (Privacy Act),
Public Law 93–579, 5 U.S.C. 552a. This
final rule adds 4 CFR 200.17 to exempt
certain systems of records from certain
sections of the Privacy Act (5 U.S.C.
552a) pursuant to 5 U.S.C. 552a(j) and
(k). These exemptions will help ensure
that the Board may efficiently and
effectively compile investigatory
material to prevent and detect fraud,
waste, and abuse and perform its other
authorized duties and activities relating
to oversight of funds awarded pursuant
to the American Recovery and
Reinvestment Act of 2009, Public Law
111–5 (Feb. 17, 2009) (Recovery Act).
DATES: Effective June 29, 2010.
FOR FURTHER INFORMATION CONTACT:
Jennifer Dure, General Counsel, (703)
487–5439.
SUPPLEMENTARY INFORMATION: The
proposed rule was published in the
Federal Register on April 19, 2010 (75
FR 20298) for a public comment period
to end on June 18, 2010. This rule
amends the Board’s Privacy Act
regulations, 4 CFR part 200, to exempt
system of records ‘‘RATB–11–RATB
Investigative Files’’ and ‘‘RATB–12–
RATB Fraud Hotline Program Files’’
from certain provisions of the Privacy
Act which require, among other things,
that the Board provide notice when
collecting information, account for
certain disclosures, permit individuals
VerDate Mar<15>2010
15:06 Jun 28, 2010
Jkt 220001
For the reasons set forth in the
preamble, the Board amends Chapter II
of Title 4, Code of Federal Regulations,
as follows:
■
CHAPTER II—RECOVERY
ACCOUNTABILITY AND TRANSPARENCY
BOARD
PART 200—PRIVACY ACT OF 1974
1. The authority citation for Part 200
continues to read as follows:
■
Authority: 5 U.S.C. 552a(f)
2. Part 200 is amended by adding
§ 200.17 as follows:
■
§ 200.17
Exemptions.
(a) General policy. The Privacy Act
permits an agency to exempt certain
types of systems of records from some
of the Privacy Act’s requirements. It is
the policy of the Board to exercise
authority to exempt systems of records
only in compelling cases.
(b) Specific systems of records
exempted under (j)(2) and (k)(2). The
Board exempts the RATB Investigative
Files (RATB–11) system of records from
the following provisions of 5 U.S.C.
552a:
(1) From subsection (c)(3) because the
release of accounting of disclosure
would inform a subject that he or she is
under investigation. This information
would provide considerable advantage
to the subject in providing him or her
with knowledge concerning the nature
of the investigation and the coordinated
investigative efforts and techniques
employed by the cooperating agencies.
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
This would greatly impede the Board’s
criminal law enforcement duties.
(2) From subsection (c)(4) and (d)
because notification would alert a
subject to the fact that an open
investigation on that individual is
taking place, and might weaken the
ongoing investigation, reveal
investigatory techniques, and place
confidential informants in jeopardy.
(3) From subsection (e)(1) because the
nature of the criminal and/or civil
investigative function creates unique
problems in prescribing a specific
parameter in a particular case with
respect to what information is relevant
or necessary. Also, due to the Board’s
close working relationship with other
Federal, state and local law enforcement
agencies, information may be received
which may relate to a case under the
investigative jurisdiction of another
agency. The maintenance of this
information may be necessary to
provide leads for appropriate law
enforcement purposes and to establish
patterns of activity which may relate to
the jurisdiction of other cooperating
agencies.
(4) From subsection (e)(2) because
collecting information to the fullest
extent possible directly from the subject
individual may or may not be practical
in a criminal and/or civil investigation.
(5) From subsection (e)(3) because
supplying an individual with a form
containing a Privacy Act Statement
would tend to inhibit cooperation by
many individuals involved in a criminal
and/or civil investigation. The effect
would be somewhat adverse to
established investigative methods and
techniques.
(6) From subsection (e)(4)(G)–(I)
because this system of records is exempt
from the access provisions of subsection
(d).
(7) From subsection (e)(5) because the
requirement that records be maintained
with attention to accuracy, relevance,
timeliness, and completeness would
unfairly hamper the investigative
process. It is the nature of law
enforcement for investigations to
uncover the commission of illegal acts
at diverse stages. It is frequently
impossible to determine initially what
information is accurate, relevant, timely,
and least of all complete. With the
passage of time, seemingly irrelevant or
untimely information may acquire new
significance as further investigation
brings new details to light.
E:\FR\FM\29JNR1.SGM
29JNR1
wwoods2 on DSK1DXX6B1PROD with RULES
37288
Federal Register / Vol. 75, No. 124 / Tuesday, June 29, 2010 / Rules and Regulations
(8) From subsection (e)(8) because the
notice requirements of this provision
could present a serious impediment to
law enforcement by revealing
investigative techniques, procedures,
and existence of confidential
investigations.
(9) From subsection (f) because the
agency’s rules are inapplicable to those
portions of the system that are exempt
and would place the burden on the
agency of either confirming or denying
the existence of a record pertaining to a
requesting individual, which might in
itself provide an answer to that
individual relating to an ongoing
investigation. The conduct of a
successful investigation leading to the
indictment of a criminal offender
precludes the applicability of
established agency rules relating to
verification of record, disclosure of the
record to that individual, and record
amendment procedures for this record
system.
(10) For comparability with the
exemption claimed from subsection (f),
the civil remedies provisions of
subsection (g) must be suspended for
this record system. Because of the
nature of criminal investigations,
standards of accuracy, relevance,
timeliness, and completeness cannot
apply to this record system. Information
gathered in an investigation is often
fragmentary, and leads relating to an
individual in the context of one
investigation may instead pertain to a
second investigation.
(c) Specific systems of records
exempted under (k)(2) and (k)(5). The
Board exempts the RATB Fraud Hotline
Program Files (RATB–12) system of
records from the following provisions of
5 U.S.C. 552a:
(1) From subsection (c)(3) because
disclosures from this system could
interfere with the just, thorough and
timely resolution of the complaint or
inquiry, and possibly enable individuals
to conceal their wrongdoing or mislead
the course of the investigation by
concealing, destroying or fabricating
evidence or documents.
(2) From subsection (d) because
disclosures from this system could
interfere with the just, thorough and
timely resolution of the complaint or
inquiry, and possibly enable individuals
to conceal their wrongdoing or mislead
the course of the investigation by
concealing, destroying or fabricating
evidence or documents. Disclosures
could also subject sources and witnesses
to harassment or intimidation which
jeopardize the safety and well-being of
themselves and their families.
(3) From subsection (e)(1) because the
nature of the investigatory function
VerDate Mar<15>2010
15:06 Jun 28, 2010
Jkt 220001
creates unique problems in prescribing
specific parameters in a particular case
as to what information is relevant or
necessary. Due to close working
relationships with other Federal, state
and local law enforcement agencies,
information may be received which may
relate to a case under the investigative
jurisdiction of another government
agency. It is necessary to maintain this
information in order to provide leads for
appropriate law enforcement purposes
and to establish patterns of activity
which may relate to the jurisdiction of
other cooperating agencies.
(4) From subsection (e)(4)(G)–(H)
because this system of records is exempt
from the access provisions of subsection
(d).
(5) From subsection (f) because the
agency’s rules are inapplicable to those
portions of the system that are exempt
and would place the burden on the
agency of either confirming or denying
the existence of a record pertaining to a
requesting individual might in itself
provide an answer to that individual
relating to an on-going investigation.
The conduct of a successful
investigation leading to the indictment
of a criminal offender precludes the
applicability of established agency rules
relating to verification of record,
disclosure of the record to that
individual, and record amendment
procedures for this record system.
Ivan J. Flores,
Paralegal Specialist, Recovery Accountability
and Transparency Board.
[FR Doc. 2010–15691 Filed 6–28–10; 8:45 am]
BILLING CODE 6820–GA–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 920
[Doc. No. AO–FV–08–0174; AMS–FV–08–
0085; FV08–920–3]
Kiwifruit Grown in California; Order
Amending Marketing Order No. 920
AGENCY: Agricultural Marketing Service,
USDA.
ACTION: Final rule.
SUMMARY: This rule amends Marketing
Order No. 920 (order), which regulates
the handling of kiwifruit grown in
California. The amendments are based
on proposals by the Kiwifruit
Administrative Committee (committee),
which is responsible for local
administration of the order. The
amendments will redefine the grower
districts into which the production area
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
is divided and reallocate committee
membership among the districts, revise
the deadline for committee
nominations, and revise committee
meeting and voting procedures. The
amendments were approved by
kiwifruit growers in a referendum
conducted from March 12 through
March 26, 2010. The amendments are
intended to improve the operation and
administration of the California
kiwifruit marketing order program.
Proposed amendments that failed in
referendum and are not effectuated in
this final order include revising
committee member terms of office,
authorizing the Secretary to fill
committee vacancies based upon
committee recommendations,
authorizing research and promotion
programs and accepting voluntary
contributions for such programs, and
allowing substitute alternates to
represent absent members at committee
meetings.
DATES: This rule is effective July 29,
2010, except for §§ 920.12 and 920.20,
which are effective August 1, 2010.
FOR FURTHER INFORMATION CONTACT:
Laurel May or Kathleen M. Finn,
Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence
Avenue, SW., Stop 0237, Washington,
DC 20250–0237; Telephone: (202) 720–
2491, Fax: (202) 720–8938, E-mail:
Laurel.May@ams.usda.gov or
Kathy.Finn@ams.usda.gov.
Small businesses may request
information on this proceeding by
contacting Antoinette Carter, Marketing
Order Administration Branch, Fruit and
Vegetable Programs, AMS, USDA, 1400
Independence Avenue, SW., Stop 0237,
Washington, DC 20250–0237; telephone:
(202) 720–2491, Fax: (202) 720–8938, Email: Anotoinette.Carter@ams.usda.gov.
Prior
documents in this proceeding include a
Notice of Hearing issued on November
13, 2008, and published in the
November 19, 2008, issue of the Federal
Register (73 FR 69588); a Recommended
Decision issued on November 5, 2009,
and published in the November 12,
2009, issue of the Federal Register (74
FR 58216); and a Secretary’s Decision
and Referendum Order issued on
February 17, 2010, and published in the
February 23, 2010, issue of the Federal
Register (75 FR 7981).
This action is governed by the
provisions of sections 556 and 557 of
title 5 of the United States Code and is
therefore excluded from the
requirements of Executive Order 12866.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\29JNR1.SGM
29JNR1
Agencies
[Federal Register Volume 75, Number 124 (Tuesday, June 29, 2010)]
[Rules and Regulations]
[Pages 37287-37288]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-15691]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 75, No. 124 / Tuesday, June 29, 2010 / Rules
and Regulations
[[Page 37287]]
RECOVERY ACCOUNTABILITY AND TRANSPARENCY BOARD
4 CFR Part 200
RIN 0430-AA03
Privacy Act Regulations
AGENCY: Recovery Accountability and Transparency Board
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Recovery Accountability and Transparency Board (Board)
amends its regulations implementing the Privacy Act of 1974 (Privacy
Act), Public Law 93-579, 5 U.S.C. 552a. This final rule adds 4 CFR
200.17 to exempt certain systems of records from certain sections of
the Privacy Act (5 U.S.C. 552a) pursuant to 5 U.S.C. 552a(j) and (k).
These exemptions will help ensure that the Board may efficiently and
effectively compile investigatory material to prevent and detect fraud,
waste, and abuse and perform its other authorized duties and activities
relating to oversight of funds awarded pursuant to the American
Recovery and Reinvestment Act of 2009, Public Law 111-5 (Feb. 17, 2009)
(Recovery Act).
DATES: Effective June 29, 2010.
FOR FURTHER INFORMATION CONTACT: Jennifer Dure, General Counsel, (703)
487-5439.
SUPPLEMENTARY INFORMATION: The proposed rule was published in the
Federal Register on April 19, 2010 (75 FR 20298) for a public comment
period to end on June 18, 2010. This rule amends the Board's Privacy
Act regulations, 4 CFR part 200, to exempt system of records ``RATB-11-
RATB Investigative Files'' and ``RATB-12-RATB Fraud Hotline Program
Files'' from certain provisions of the Privacy Act which require, among
other things, that the Board provide notice when collecting
information, account for certain disclosures, permit individuals access
to their records, and allow them to request that the records be
amended. These provisions would interfere with the Board's oversight
functions if applied to the Board's maintenance of these systems of
records.
Accordingly, these systems of records are exempt from specified
provisions of the Privacy Act, pursuant to sections 552a(j)(2), (k)(2),
and (k)(5):
Public Comments
The Board received one comment expressing an individual's opinion
that the Board's amendment to its Privacy Act regulations ``would allow
investigators to really come through and fully investigate in many
fraud cases.''
List of Subjects in 4 CFR Part 200
Privacy Act of 1974.
0
For the reasons set forth in the preamble, the Board amends Chapter II
of Title 4, Code of Federal Regulations, as follows:
CHAPTER II--RECOVERY ACCOUNTABILITY AND TRANSPARENCY BOARD
PART 200--PRIVACY ACT OF 1974
0
1. The authority citation for Part 200 continues to read as follows:
Authority: 5 U.S.C. 552a(f)
0
2. Part 200 is amended by adding Sec. 200.17 as follows:
Sec. 200.17 Exemptions.
(a) General policy. The Privacy Act permits an agency to exempt
certain types of systems of records from some of the Privacy Act's
requirements. It is the policy of the Board to exercise authority to
exempt systems of records only in compelling cases.
(b) Specific systems of records exempted under (j)(2) and (k)(2).
The Board exempts the RATB Investigative Files (RATB-11) system of
records from the following provisions of 5 U.S.C. 552a:
(1) From subsection (c)(3) because the release of accounting of
disclosure would inform a subject that he or she is under
investigation. This information would provide considerable advantage to
the subject in providing him or her with knowledge concerning the
nature of the investigation and the coordinated investigative efforts
and techniques employed by the cooperating agencies. This would greatly
impede the Board's criminal law enforcement duties.
(2) From subsection (c)(4) and (d) because notification would alert
a subject to the fact that an open investigation on that individual is
taking place, and might weaken the ongoing investigation, reveal
investigatory techniques, and place confidential informants in
jeopardy.
(3) From subsection (e)(1) because the nature of the criminal and/
or civil investigative function creates unique problems in prescribing
a specific parameter in a particular case with respect to what
information is relevant or necessary. Also, due to the Board's close
working relationship with other Federal, state and local law
enforcement agencies, information may be received which may relate to a
case under the investigative jurisdiction of another agency. The
maintenance of this information may be necessary to provide leads for
appropriate law enforcement purposes and to establish patterns of
activity which may relate to the jurisdiction of other cooperating
agencies.
(4) From subsection (e)(2) because collecting information to the
fullest extent possible directly from the subject individual may or may
not be practical in a criminal and/or civil investigation.
(5) From subsection (e)(3) because supplying an individual with a
form containing a Privacy Act Statement would tend to inhibit
cooperation by many individuals involved in a criminal and/or civil
investigation. The effect would be somewhat adverse to established
investigative methods and techniques.
(6) From subsection (e)(4)(G)-(I) because this system of records is
exempt from the access provisions of subsection (d).
(7) From subsection (e)(5) because the requirement that records be
maintained with attention to accuracy, relevance, timeliness, and
completeness would unfairly hamper the investigative process. It is the
nature of law enforcement for investigations to uncover the commission
of illegal acts at diverse stages. It is frequently impossible to
determine initially what information is accurate, relevant, timely, and
least of all complete. With the passage of time, seemingly irrelevant
or untimely information may acquire new significance as further
investigation brings new details to light.
[[Page 37288]]
(8) From subsection (e)(8) because the notice requirements of this
provision could present a serious impediment to law enforcement by
revealing investigative techniques, procedures, and existence of
confidential investigations.
(9) From subsection (f) because the agency's rules are inapplicable
to those portions of the system that are exempt and would place the
burden on the agency of either confirming or denying the existence of a
record pertaining to a requesting individual, which might in itself
provide an answer to that individual relating to an ongoing
investigation. The conduct of a successful investigation leading to the
indictment of a criminal offender precludes the applicability of
established agency rules relating to verification of record, disclosure
of the record to that individual, and record amendment procedures for
this record system.
(10) For comparability with the exemption claimed from subsection
(f), the civil remedies provisions of subsection (g) must be suspended
for this record system. Because of the nature of criminal
investigations, standards of accuracy, relevance, timeliness, and
completeness cannot apply to this record system. Information gathered
in an investigation is often fragmentary, and leads relating to an
individual in the context of one investigation may instead pertain to a
second investigation.
(c) Specific systems of records exempted under (k)(2) and (k)(5).
The Board exempts the RATB Fraud Hotline Program Files (RATB-12) system
of records from the following provisions of 5 U.S.C. 552a:
(1) From subsection (c)(3) because disclosures from this system
could interfere with the just, thorough and timely resolution of the
complaint or inquiry, and possibly enable individuals to conceal their
wrongdoing or mislead the course of the investigation by concealing,
destroying or fabricating evidence or documents.
(2) From subsection (d) because disclosures from this system could
interfere with the just, thorough and timely resolution of the
complaint or inquiry, and possibly enable individuals to conceal their
wrongdoing or mislead the course of the investigation by concealing,
destroying or fabricating evidence or documents. Disclosures could also
subject sources and witnesses to harassment or intimidation which
jeopardize the safety and well-being of themselves and their families.
(3) From subsection (e)(1) because the nature of the investigatory
function creates unique problems in prescribing specific parameters in
a particular case as to what information is relevant or necessary. Due
to close working relationships with other Federal, state and local law
enforcement agencies, information may be received which may relate to a
case under the investigative jurisdiction of another government agency.
It is necessary to maintain this information in order to provide leads
for appropriate law enforcement purposes and to establish patterns of
activity which may relate to the jurisdiction of other cooperating
agencies.
(4) From subsection (e)(4)(G)-(H) because this system of records is
exempt from the access provisions of subsection (d).
(5) From subsection (f) because the agency's rules are inapplicable
to those portions of the system that are exempt and would place the
burden on the agency of either confirming or denying the existence of a
record pertaining to a requesting individual might in itself provide an
answer to that individual relating to an on-going investigation. The
conduct of a successful investigation leading to the indictment of a
criminal offender precludes the applicability of established agency
rules relating to verification of record, disclosure of the record to
that individual, and record amendment procedures for this record
system.
Ivan J. Flores,
Paralegal Specialist, Recovery Accountability and Transparency Board.
[FR Doc. 2010-15691 Filed 6-28-10; 8:45 am]
BILLING CODE 6820-GA-P