Privacy Act; Implementation, 61994-61995 [2010-25134]

Download as PDF 61994 Federal Register / Vol. 75, No. 194 / Thursday, October 7, 2010 / Rules and Regulations Adoption of the Amendment DEPARTMENT OF THE TREASURY In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: Office of the Secretary PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS RIN 1505–AC25 ■ 1. The authority citation for 14 CFR part 71 continues to read as follows: ■ 31 CFR Part 1 Privacy Act; Implementation Office of Foreign Assets Control, Departmental Offices, Treasury. ACTION: Final rule. AGENCY: ■ Paragraph 6004 Class E Airspace Areas Designated as an Extension to a Class D or Class E Surface Area. In accordance with the requirements of the Privacy Act of 1974, as amended, the Department of the Treasury is amending its regulations due to the consolidation of the existing Office of Foreign Assets Control (OFAC)-related systems of records by revising the number and title of the Privacy Act system of records for which an exemption has been claimed. DATES: Effective Date: November 8, 2010. FOR FURTHER INFORMATION CONTACT: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of the FAA Order 7400.9U Airspace Designations and Reporting Points, signed August 18, 2010, and effective September 15, 2010, is amended as follows: * * * * * AWP RM E4 Kwajalein Island, Marshall Islands, RMI [Amended] Kwajalein Island, Bucholz AAF, RMI (Lat. 08°43′00″ N., long. 167°44′00″ E.) Kwajalein RBN (Lat. 08°43′15″ N., long. 167°43′39″ E.) That airspace extending upward from the surface within 2.2 miles each side of the Bucholz AAF 249° bearing, extending from the 4.3-mile radius of Bucholz AAF to 5.2 miles west of the Bucholz AAF, and within 3 miles each side of the 077° bearing from the Kwajalein RBN, extending from the 4.3-mile radius to 9.6 miles east of the RBN. This Class E airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Pacific Chart Supplement. * * * * * Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. * * * * * srobinson on DSKHWCL6B1PROD with RULES AWP RM E5 Kwajalein Island, Marshall Islands, RMI [Amended] Kwajalein Island, Bucholz AAF, RM (Lat. 08°43′00″ N., long. 167°44′00″ E.) That airspace extending upward from 700 feet above the surface within a 12-mile radius of Bucholz AAF. That airspace extending upward from 1,200 feet above the surface within a 100-mile radius of Bucholz AAF. Issued in Washington, DC, September 29, 2010. Edith V. Parish, Manager, Airspace and Rules Group. [FR Doc. 2010–25220 Filed 10–6–10; 8:45 am] BILLING CODE 4910–13–P VerDate Mar<15>2010 17:58 Oct 06, 2010 Jkt 223001 SUMMARY: Assistant Director, Disclosure Services, Office of Foreign Assets Control, Department of the Treasury, 1500 Pennsylvania Avenue, NW., Washington, DC 20220, tel.: 202–622– 2510 (not a toll free number), or Chief Counsel (Foreign Assets Control), Office of General Counsel, Department of the Treasury, 1500 Pennsylvania Avenue, NW., Washington, DC 20220, tel.: 202– 622–2410 (not a toll free number). SUPPLEMENTARY INFORMATION: Currently, one OFAC-related Privacy Act systems of records, DO .114—Foreign Assets Control Enforcement Records, is exempt from provisions of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2). Under 5 U.S.C. 552a(k)(2), the head of an agency may promulgate rules to exempt a system of records from certain provisions of 5 U.S.C. 552a if the system contains investigatory material compiled for law enforcement purposes. The purpose of the final rule is to revise the number and title of the system of records for which an exemption has been claimed pursuant to 5 U.S.C. 552a(k)(2) as found in paragraph (g)(1)(i) of § 1.36 to read DO .120—Records Related to Office of Foreign Assets Control Economic Sanctions to reflect the proposed revision and consolidation of systems of records, as further discussed below. No new exemptions are being proposed by this document and the revision does not affect the scope of the records for which the exemption pursuant to 5 U.S.C. 552a(k)(2) is claimed. The action amends § 1.36 by revising the title of the system of records listed in Paragraph (g)(1)(i) from ‘‘DO .114— PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 Foreign Assets Control Enforcement Records’’ to ‘‘DO .120—Records Related to Office of Foreign Assets Control Economic Sanctions.’’ These regulations are being published as a final rule because the amendments do not impose any requirements on any member of the public and do not result in any change to the scope of the records for which the exemption from provisions of the Privacy Act is claimed pursuant to 5 U.S.C. 552a(k)(2). These amendments are the most efficient means for the Treasury Department to implement its internal requirements for complying with the Privacy Act. A proposed notice to consolidate three OFAC-related systems of records under the Privacy Act will be published separately in a future issue of the Federal Register. The proposed notice to alter the three systems of records will consolidate the records into the following system of records: Treasury/ DO .120—Records Related to Office of Foreign Assets Control Economic Sanctions. This realignment will permit more precise expression of the data elements and will permit the published notices to serve more effectively as guides for the public in understanding how these individually identifiable records are collected, maintained, disclosed, and used. Pursuant to Executive Order 12866, it has been determined that this final rule is not a significant regulatory action, and therefore, does not require a regulatory impact analysis. Because no notice of proposed rulemaking is required, the provisions of the Regulatory Flexibility Act, 5 U.S.C. 601–612, do not apply. List of Subjects in 31 CFR Part 1 Privacy. Part 1, subpart C of title 31 of the Code of Federal Regulations, is 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. In § 1.36, paragraph (g)(1)(i) is amended in the table by removing the entry ‘‘DO .114—Foreign Assets Control Enforcement Records’’ and adding in its place ‘‘DO .120—Records Related to Office of Foreign Assets Control Economic Sanctions’’ to read as follows: ■ E:\FR\FM\07OCR1.SGM 07OCR1 61995 Federal Register / Vol. 75, No. 194 / Thursday, October 7, 2010 / Rules and Regulations § 1.36 Systems exempt in whole or in part from provisions of 5 U.S.C. 552a and this part. * * * * (g) * * * (1) * * * (i) * * * * Number System name * * DO .120 ........................................... * * * * * * * Records Related to Office of Foreign Assets Control Economic Sanctions. * * * * * Dated: July 16, 2010. Melissa Hartman, Acting Deputy Assistant Secretary for Privacy, Transparency, and Records. [FR Doc. 2010–25134 Filed 10–6–10; 8:45 am] BILLING CODE 4811–45–P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 3 RIN 2900–AN68 Compensation for Certain Disabilities Due to Undiagnosed Illnesses Department of Veterans Affairs. Final rule; technical amendments. AGENCY: ACTION: This document amends a Department of Veterans Affairs (VA) ratings and evaluations regulation to remove a provision reserving to the Secretary the authority for certain determinations and to make a nonsubstantive clarifying change. DATES: Effective Date: October 7, 2010. Applicability Date: The amendments to 38 CFR 3.317 apply to claims pending before VA on the effective date of this rule, as well as to claims filed with or remanded to VA after that date. FOR FURTHER INFORMATION CONTACT: Thomas Kniffen, Chief, Regulations Staff (211D), Compensation and Pension Service, Veterans Benefits Administration, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, (202) 461–9725. (This is not a toll-free number.) SUPPLEMENTARY INFORMATION: VA has determined that technical revisions to 38 CFR 3.317 are needed to remove a potential source of confusion and to more efficiently implement the intent of Congress as expressed in 38 U.S.C. 1117. 38 U.S.C. 1117 provides for the payment of disability compensation to Persian Gulf War veterans with a qualifying chronic disability that srobinson on DSKHWCL6B1PROD with RULES SUMMARY: VerDate Mar<15>2010 17:58 Oct 06, 2010 Jkt 223001 * * became manifest during service in Southwest Asia during the Persian Gulf War, or became manifest to a degree of ten percent or more during the presumptive period established by the Secretary. Section 1117(a)(2) defines a ‘‘qualifying chronic disability’’ as a chronic disability resulting from any of the following (or any combination of the following): ‘‘(A) An undiagnosed illness, (B) A medically unexplained chronic multisymptom illness (such as chronic fatigue syndrome, fibromyalgia, and irritable bowel syndrome) that is defined by a cluster of signs or symptoms, [or] (C) Any diagnosed illness that the Secretary determines * * * warrants a presumption of service connection.’’ It is evident from Congress’ use of the phrase ‘‘such as’’ in section 1117(a)(2)(B) that Congress intended ‘‘chronic fatigue syndrome, fibromyalgia, and irritable bowel syndrome’’ to be examples of medically unexplained chronic multisymptom illnesses, rather than an exclusive list. VA has implemented this statute in a regulation at 38 CFR 3.317(a)(2), which provides a substantially similar definition of the term ‘‘qualifying chronic disability,’’ but also specifies the process for determining whether conditions other than chronic fatigue syndrome, fibromyalgia, and irritable bowel syndrome will be found to be ‘‘medically unexplained chronic multisymptom illnesses.’’ The regulation states, in 38 CFR 3.317(a)(2)(i)(B), that a qualifying chronic disability will include those three specified illnesses and ‘‘[a]ny other illness that the Secretary determines meets the criteria in paragraph (a)(2)(ii) of this section for a medically unexplained chronic multisymptom illness.’’ Paragraph (a)(2)(ii) of § 3.317 provides a detailed explanation regarding the types of illnesses that can be considered to be medically unexplained chronic multisymptom illnesses. The practical effect of the procedures established in the current regulation is to reserve to the Secretary the authority to determine whether illnesses other than chronic PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 * * * fatigue syndrome, fibromyalgia, and irritable bowel syndrome will be found to be ‘‘medically unexplained chronic multisymptom illnesses’’ for purposes of applying 38 U.S.C. 1117. Accordingly, currently VA adjudicators or other officials cannot make that determination in individual cases without a specific determination by the Secretary. VA is revising this procedure for two reasons. First, we believe it is unnecessary to reserve this authority to the Secretary, because the regulation sets forth clear and detailed standards to guide the determination as to what constitutes a medically unexplained chronic multisymptom illness. We believe the regulatory language provides sufficient guidance to enable medical professionals to render medical opinions on this issue and to enable VA adjudicators to decide this issue when it arises in individual cases. Second, we believe the current procedures may create confusion or may dissuade claimants from filing claims based on medically unexplained illnesses other than those currently listed in the regulation. To make it clear that chronic fatigue syndrome, fibromyalgia, and irritable bowel syndrome are only examples of medically unexplained chronic multipsymptom illnesses, we are revising the language of § 3.317(a)(2)(i)(B). Specifically, we are revising § 3.317(a)(2)(i)(B) by: Removing ‘‘The following’’ at the beginning of the sentence and replacing it with ‘‘A’’; changing the plural word ‘‘illnesses’’ to the singular ‘‘illness’’ and the verb ‘‘are’’ to ‘‘is’’; and adding ‘‘such as’’ at the end of the sentence. The revised section will read: ‘‘(B) A medically unexplained chronic multisymptom illness that is defined by a cluster of signs or symptoms, such as: (1) Chronic fatigue syndrome; (2) Fibromyalgia; (3) Irritable bowel syndrome.’’ This change eliminates language that could imply that the list is exhaustive. In addition, we are removing § 3.317(a)(2)(i)(B)(4) in order to omit the current regulatory language reserving to the Secretary the authority to determine E:\FR\FM\07OCR1.SGM 07OCR1

Agencies

[Federal Register Volume 75, Number 194 (Thursday, October 7, 2010)]
[Rules and Regulations]
[Pages 61994-61995]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-25134]


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DEPARTMENT OF THE TREASURY

Office of the Secretary

31 CFR Part 1

RIN 1505-AC25


Privacy Act; Implementation

AGENCY: Office of Foreign Assets Control, Departmental Offices, 
Treasury.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, as amended, the Department of the Treasury is amending its 
regulations due to the consolidation of the existing Office of Foreign 
Assets Control (OFAC)-related systems of records by revising the number 
and title of the Privacy Act system of records for which an exemption 
has been claimed.

DATES: Effective Date: November 8, 2010.

FOR FURTHER INFORMATION CONTACT: Assistant Director, Disclosure 
Services, Office of Foreign Assets Control, Department of the Treasury, 
1500 Pennsylvania Avenue, NW., Washington, DC 20220, tel.: 202-622-2510 
(not a toll free number), or Chief Counsel (Foreign Assets Control), 
Office of General Counsel, Department of the Treasury, 1500 
Pennsylvania Avenue, NW., Washington, DC 20220, tel.: 202-622-2410 (not 
a toll free number).

SUPPLEMENTARY INFORMATION: Currently, one OFAC-related Privacy Act 
systems of records, DO .114--Foreign Assets Control Enforcement 
Records, is exempt from provisions of the Privacy Act pursuant to 5 
U.S.C. 552a(k)(2). Under 5 U.S.C. 552a(k)(2), the head of an agency may 
promulgate rules to exempt a system of records from certain provisions 
of 5 U.S.C. 552a if the system contains investigatory material compiled 
for law enforcement purposes. The purpose of the final rule is to 
revise the number and title of the system of records for which an 
exemption has been claimed pursuant to 5 U.S.C. 552a(k)(2) as found in 
paragraph (g)(1)(i) of Sec.  1.36 to read DO .120--Records Related to 
Office of Foreign Assets Control Economic Sanctions to reflect the 
proposed revision and consolidation of systems of records, as further 
discussed below. No new exemptions are being proposed by this document 
and the revision does not affect the scope of the records for which the 
exemption pursuant to 5 U.S.C. 552a(k)(2) is claimed.
    The action amends Sec.  1.36 by revising the title of the system of 
records listed in Paragraph (g)(1)(i) from ``DO .114--Foreign Assets 
Control Enforcement Records'' to ``DO .120--Records Related to Office 
of Foreign Assets Control Economic Sanctions.''
    These regulations are being published as a final rule because the 
amendments do not impose any requirements on any member of the public 
and do not result in any change to the scope of the records for which 
the exemption from provisions of the Privacy Act is claimed pursuant to 
5 U.S.C. 552a(k)(2). These amendments are the most efficient means for 
the Treasury Department to implement its internal requirements for 
complying with the Privacy Act.
    A proposed notice to consolidate three OFAC-related systems of 
records under the Privacy Act will be published separately in a future 
issue of the Federal Register. The proposed notice to alter the three 
systems of records will consolidate the records into the following 
system of records: Treasury/DO .120--Records Related to Office of 
Foreign Assets Control Economic Sanctions. This realignment will permit 
more precise expression of the data elements and will permit the 
published notices to serve more effectively as guides for the public in 
understanding how these individually identifiable records are 
collected, maintained, disclosed, and used.
    Pursuant to Executive Order 12866, it has been determined that this 
final rule is not a significant regulatory action, and therefore, does 
not require a regulatory impact analysis.
    Because no notice of proposed rulemaking is required, the 
provisions of the Regulatory Flexibility Act, 5 U.S.C. 601-612, do not 
apply.

List of Subjects in 31 CFR Part 1

    Privacy.

0
Part 1, subpart C of title 31 of the Code of Federal Regulations, is 
amended as follows:

PART 1--[AMENDED]

0
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.


0
2. In Sec.  1.36, paragraph (g)(1)(i) is amended in the table by 
removing the entry ``DO .114--Foreign Assets Control Enforcement 
Records'' and adding in its place ``DO .120--Records Related to Office 
of Foreign Assets Control Economic Sanctions'' to read as follows:

[[Page 61995]]

Sec.  1.36  Systems exempt in whole or in part from provisions of 5 
U.S.C. 552a and this part.

* * * * *
    (g) * * *
    (1) * * *
    (i) * * *

------------------------------------------------------------------------
              Number                             System name
------------------------------------------------------------------------
 
                              * * * * * * *
DO .120...........................  Records Related to Office of Foreign
                                     Assets Control Economic Sanctions.
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

    Dated: July 16, 2010.
Melissa Hartman,
Acting Deputy Assistant Secretary for Privacy, Transparency, and 
Records.
[FR Doc. 2010-25134 Filed 10-6-10; 8:45 am]
BILLING CODE 4811-45-P