Privacy Act Regulations, 37287-37288 [2010-15691]

Download as PDF 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