Privacy Act; Implementation, 61994-61995 [2010-25134]
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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:
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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.
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Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
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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]
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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—
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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:
■
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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.
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(g) * * *
(1) * * *
(i) * * *
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Number
System name
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DO .120 ...........................................
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Records Related to Office of Foreign Assets Control Economic Sanctions.
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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]
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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
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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
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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
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]]>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]
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