Privacy Act of 1974; Proposed Implementation, 62737-62738 [2010-25756]

Download as PDF Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / Proposed Rules only information that you wish to make available publicly. Pursuant to the requirements of the FOR FURTHER INFORMATION CONTACT: Securities Exchange Act of 1934, the Assistant Director, Disclosure Services, reporting entity has duly caused this Office of Foreign Assets Control, report to be signed on its behalf by the Department of the Treasury, 1500 undersigned hereunto duly authorized. Pennsylvania Avenue, NW., (Securitizer) llllllllllll Washington, DC 20220, tel.: 202–622– Date llllllllllllllll 2510 (not a toll free number), or Chief (Signature)* llllllllllll Counsel (Foreign Assets Control), Office of General Counsel, Department of the * Print name and title of the signing Treasury, 1500 Pennsylvania Avenue, officer under his signature. NW., Washington, DC 20220, tel.: 202– * * * * * 622–2410 (not a toll free number). By the Commission. SUPPLEMENTARY INFORMATION: In Dated: October 4, 2010. reviewing Treasury regulations Elizabeth M. Murphy, implementing the Privacy Act, the Secretary. Department found that Executive Order [FR Doc. 2010–25361 Filed 10–12–10; 8:45 am] 11652 listed in Section 1.26(g)(6)(ii)(A) BILLING CODE 8011–01–P has been superseded and needs to be updated. This section is being amended to reference Executive Orders 12958, 13526, or successor or prior Executive DEPARTMENT OF THE TREASURY Orders as may be necessary. Under 5 U.S.C. 552a(k)(1), the head of Office of the Secretary an agency may promulgate rules to exempt a system of records from certain 31 CFR Part 1 provisions of 5 U.S.C. 552a if the system of records is subject to the provisions of RIN 1505–AC27 5 U.S.C. 552(b)(1), which regards Privacy Act of 1974; Proposed matters specifically authorized under Implementation criteria established by an Executive Order to be kept secret in the interest of AGENCY: Departmental Offices, Treasury. national defense or foreign policy and ACTION: Proposed rule. are in fact properly classified pursuant to such Executive Order. SUMMARY: In accordance with the To the extent that systems of records requirements of the Privacy Act of 1974, contain information subject to the 5 U.S.C. 552a, the Department of the provisions of 5 U.S.C. 552(b)(1), the Treasury gives notice of a proposed Department of the Treasury proposes to amendment to update its Privacy Act exempt the systems of records from the regulations, and to add an exemption following provisions of the Privacy Act from certain provisions of the Privacy Act for a system of records related to the pursuant to 5 U.S.C. 552a(k)(1): 5 U.S.C. 552a(c)(3), Office of Foreign Assets Control 5 U.S.C. 552a(d)(1), (2), (3), and (4), (OFAC). 5 U.S.C. 552a(e)(1), DATES: Comments must be received no 5 U.S.C. 552a(e)(4)(G), (H), and (I), and later than November 12, 2010. 5 U.S.C. 552a(f). ADDRESSES: Comments should be sent The reason for invoking the to: Assistant Director, Disclosure exemption is to protect material Services, Office of Foreign Assets authorized to be kept secret in the Control, Department of the Treasury, interest of national defense or foreign 1500 Pennsylvania Avenue, NW., policy pursuant to Executive Orders Washington, DC 20220. The Department 12958, 13526, or successor or prior will make such comments available for Executive Orders. public inspection and copying in the This document also creates a new Department’s Library, Room 1428, Main table in paragraph 31 CFR 1.36(e)(1) Treasury Building, 1500 Pennsylvania under the new heading designated as Avenue, NW., Washington, DC 20220, ‘‘(i) Departmental Offices:’’. The system on official business days between the of records entitled ‘‘DO .120—Records hours of 10 a.m. and 5 p.m. Eastern Related to Office of Foreign Assets Time. You can make an appointment to Control Economic Sanctions’’ will be inspect comments by telephoning (202) added to the table under (i). The current 622–0990 (not a toll free number). All heading ‘‘Financial Crimes Enforcement comments, including attachments and Network:’’ and the associated table is other supporting materials, received are designated as ‘‘(ii).’’ part of the public record and subject to The Department of the Treasury has public disclosure. You should submit published separately in the Federal jlentini on DSKJ8SOYB1PROD with PROPOSALS SIGNATURES VerDate Mar<15>2010 19:22 Oct 12, 2010 Jkt 223001 PO 00000 Frm 00046 Fmt 4702 Sfmt 4702 62737 Register the notice of a consolidated system of records related to OFAC on October 6, 2010, at 75 FR 61853. 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(k) of the Privacy Act, is to exempt certain information in the above systems of records within the Department from certain provisions under the Privacy Act, including those regarding notification, access to a record, and amendment of a record by individuals who are citizens of the United States or an alien lawfully admitted for permanent residence. Inasmuch 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. Subpart C—Privacy Act 2. Section 1.26 is amended by revising the first sentence in paragraph (g)(6)(ii)(A) to read as follows: § 1.26 Procedures for notification and access to records pertaining to individuals—format and fees for request for access. * * * * * (g) * * * (6) * * * (ii) * * * (A) Requests for information classified pursuant to Executive Orders 12958, 13526, or successor or prior Executive Orders require the responsible component of the Department to review E:\FR\FM\13OCP1.SGM 13OCP1 62738 Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / Proposed Rules the information to determine whether it continues to warrant classification pursuant to an Executive Order. * * * * * * * * 3. Section 1.36 is amended by revising paragraphs (e) and (f) to read as follows: ENVIRONMENTAL PROTECTION AGENCY § 1.36 Systems exempt in whole or in part from provisions of 5 U.S.C. 522a and this part. Revisions to EPA’s Rule on Protections for Subjects in Human Research Involving Pesticides; Notification to the Secretary of Agriculture * * * * * (e) Specific exemptions under 5 U.S.C. 552a(k)(1). (1) Under 5 U.S.C. 552a(k)(1), the head of any agency may promulgate rules to exempt any system of records within the agency from certain provisions of the Privacy Act to the extent that the system contains information subject to the provisions of 5 U.S.C. 552(b)(1). This paragraph applies to the following systems of records maintained by the Department of the Treasury: (i) Departmental Offices: Number System name DO .120 ....... Records Related to Office of Foreign Assets Control Economic Sanctions. (ii) Financial Crimes Enforcement Network: Number FinCEN .001 System name FinCEN Database. jlentini on DSKJ8SOYB1PROD with PROPOSALS (2) The Department of the Treasury hereby exempts the systems of records listed in paragraph (e)(1) of this section from the following provisions of 5 U.S.C. 552a, pursuant to 5 U.S.C. 552a(k)(1): 5 U.S.C. 552a(c)(3), 5 U.S.C. 552a(d)(1), (2), (3), and (4), 5 U.S.C. 552a(e)(1), 5 U.S.C. 552a(e)(4)(G), (H), and (I), and 5 U.S.C. 552a(f). (f) Reasons for exemptions under 5 U.S.C. 552a(k)(1). The reason for invoking the exemption is to protect material authorized to be kept secret in the interest of national defense or foreign policy pursuant to Executive Orders 12958, 13526, or successor or prior Executive Orders. * * * * * Dated: July 16, 2010. Melissa Hartman, Acting Deputy Assistant Secretary for Privacy, Transparency, and Records. [FR Doc. 2010–25756 Filed 10–12–10; 8:45 am] BILLING CODE 4810–25–P VerDate Mar<15>2010 19:22 Oct 12, 2010 Jkt 223001 40 CFR Part 26 [EPA–HQ–OPP–2010–0785; FRL–8850–2] RIN 2070–AJ76 Environmental Protection Agency (EPA). ACTION: Notification to the Secretary of Agriculture. AGENCY: This document notifies the public that the Administrator of EPA has forwarded to the Secretary of Agriculture a draft proposed rule as required by section 25(a) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). As described in the Agency’s semi-annual Regulatory Agenda, the draft proposed rule would amend the portions of EPA’s rules for the protection of human subjects of research that apply to third parties who conduct or support research for pesticides involving intentional exposure of human subjects, and to persons who submit the results of human research for pesticides to EPA. EPA agreed to propose these amendments as a result of a settlement agreement resolving a judicial challenge to the promulgation of these rules in 2006, and is now seeking comments on these draft proposed amendments from the Secretary of Agriculture. The draft proposed amendments would clarify the applicability of the rules to human testing for pesticides submitted to EPA under any statute, would disallow consent by a legally authorized representative of participants in pesticide studies who cannot consent for themselves, and would identify specific considerations to be addressed in EPA science and ethics reviews of proposed and completed human research for pesticides, based on the recommendations of the National Academy of Sciences and on the Nuremberg Code. ADDRESSES: EPA has established a docket for this action under docket identification (ID) number EPA–HQ– OPP–2010–0785. All documents in the docket are listed in the docket index available in http://www.regulations.gov. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. SUMMARY: PO 00000 Frm 00047 Fmt 4702 Sfmt 4702 Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available in the electronic docket at http://www.regulations.gov, or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S– 4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is (703) 305– 5805. FOR FURTHER INFORMATION CONTACT: Kelly Sherman, Immediate Office of the Director (7501P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone number: (703) 305–8401; fax number: (703) 308–4776; e-mail address: sherman.kelly@epa.gov. SUPPLEMENTARY INFORMATION: I. Does this action apply to me? This action is directed to the public in general. It simply announces the submission of a draft proposed rule to the U.S. Department of Agriculture (USDA) and does not otherwise affect any specific entities. This action may, however, be of particular interest to pesticide registrants (NAICS code 325320) who sponsor or conduct human research for pesticides, and to other entities that sponsor or conduct human research for pesticides (NAICS code 541710). Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be interested in this action. If you have any questions regarding this action, consult the person listed under FOR FURTHER INFORMATION CONTACT. II. What action is EPA taking? Section 25(a)(2) of FIFRA requires the Administrator to provide the Secretary of Agriculture with a copy of any proposed regulation at least 60 days before signing it for publication in the Federal Register. The draft proposed rule is not available to the public until after it has been signed by EPA. If the Secretary comments in writing regarding the draft proposed rule within 30-days after receiving it, the Administrator shall include the comments of the Secretary and the Administrator’s response to those comments in the proposed rule when it is published in the Federal Register. If the Secretary does not comment in writing within 30 days after receiving E:\FR\FM\13OCP1.SGM 13OCP1

Agencies

[Federal Register Volume 75, Number 197 (Wednesday, October 13, 2010)]
[Proposed Rules]
[Pages 62737-62738]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-25756]


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DEPARTMENT OF THE TREASURY

Office of the Secretary

31 CFR Part 1

RIN 1505-AC27


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 update its Privacy Act regulations, and to add an 
exemption from certain provisions of the Privacy Act for a system of 
records related to the Office of Foreign Assets Control (OFAC).

DATES: Comments must be received no later than November 12, 2010.

ADDRESSES: Comments should be sent to: Assistant Director, Disclosure 
Services, Office of Foreign Assets Control, Department of the Treasury, 
1500 Pennsylvania Avenue, NW., Washington, DC 20220. The Department 
will make such comments available for public inspection and copying in 
the Department's Library, Room 1428, Main Treasury Building, 1500 
Pennsylvania Avenue, NW., Washington, DC 20220, on official business 
days between the hours of 10 a.m. and 5 p.m. Eastern Time. You can make 
an appointment to inspect comments by telephoning (202) 622-0990 (not a 
toll free number). All comments, including attachments and other 
supporting materials, received are part of the public record and 
subject to public disclosure. You should submit only information that 
you wish to make available publicly.

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: In reviewing Treasury regulations 
implementing the Privacy Act, the Department found that Executive Order 
11652 listed in Section 1.26(g)(6)(ii)(A) has been superseded and needs 
to be updated. This section is being amended to reference Executive 
Orders 12958, 13526, or successor or prior Executive Orders as may be 
necessary.
    Under 5 U.S.C. 552a(k)(1), 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 of records is subject to the provisions of 5 U.S.C. 
552(b)(1), which regards matters specifically authorized under criteria 
established by an Executive Order to be kept secret in the interest of 
national defense or foreign policy and are in fact properly classified 
pursuant to such Executive Order.
    To the extent that systems of records contain information subject 
to the provisions of 5 U.S.C. 552(b)(1), the Department of the Treasury 
proposes to exempt the systems of records from the following provisions 
of the Privacy Act pursuant to 5 U.S.C. 552a(k)(1):

5 U.S.C. 552a(c)(3),
5 U.S.C. 552a(d)(1), (2), (3), and (4),
5 U.S.C. 552a(e)(1),
5 U.S.C. 552a(e)(4)(G), (H), and (I), and
5 U.S.C. 552a(f).

    The reason for invoking the exemption is to protect material 
authorized to be kept secret in the interest of national defense or 
foreign policy pursuant to Executive Orders 12958, 13526, or successor 
or prior Executive Orders.
    This document also creates a new table in paragraph 31 CFR 
1.36(e)(1) under the new heading designated as ``(i) Departmental 
Offices:''. The system of records entitled ``DO .120--Records Related 
to Office of Foreign Assets Control Economic Sanctions'' will be added 
to the table under (i). The current heading ``Financial Crimes 
Enforcement Network:'' and the associated table is designated as 
``(ii).''
    The Department of the Treasury has published separately in the 
Federal Register the notice of a consolidated system of records related 
to OFAC on October 6, 2010, at 75 FR 61853.
    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(k) of the 
Privacy Act, is to exempt certain information in the above systems of 
records within the Department from certain provisions under the Privacy 
Act, including those regarding notification, access to a record, and 
amendment of a record by individuals who are citizens of the United 
States or an alien lawfully admitted for permanent residence. Inasmuch 
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.

Subpart C--Privacy Act

    2. Section 1.26 is amended by revising the first sentence in 
paragraph (g)(6)(ii)(A) to read as follows:


Sec.  1.26  Procedures for notification and access to records 
pertaining to individuals--format and fees for request for access.

* * * * *
    (g) * * *
    (6) * * *
    (ii) * * *
    (A) Requests for information classified pursuant to Executive 
Orders 12958, 13526, or successor or prior Executive Orders require the 
responsible component of the Department to review

[[Page 62738]]

the information to determine whether it continues to warrant 
classification pursuant to an Executive Order. * * *
* * * * *
    3. Section 1.36 is amended by revising paragraphs (e) and (f) to 
read as follows:


Sec.  1.36  Systems exempt in whole or in part from provisions of 5 
U.S.C. 522a and this part.

* * * * *
    (e) Specific exemptions under 5 U.S.C. 552a(k)(1). (1) Under 5 
U.S.C. 552a(k)(1), the head of any agency may promulgate rules to 
exempt any system of records within the agency from certain provisions 
of the Privacy Act to the extent that the system contains information 
subject to the provisions of 5 U.S.C. 552(b)(1). This paragraph applies 
to the following systems of records maintained by the Department of the 
Treasury:
    (i) Departmental Offices:

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

    (ii) Financial Crimes Enforcement Network:

------------------------------------------------------------------------
               Number                             System name
------------------------------------------------------------------------
FinCEN .001.........................  FinCEN Database.
------------------------------------------------------------------------

    (2) The Department of the Treasury hereby exempts the systems of 
records listed in paragraph (e)(1) of this section from the following 
provisions of 5 U.S.C. 552a, pursuant to 5 U.S.C. 552a(k)(1): 5 U.S.C. 
552a(c)(3), 5 U.S.C. 552a(d)(1), (2), (3), and (4), 5 U.S.C. 
552a(e)(1), 5 U.S.C. 552a(e)(4)(G), (H), and (I), and 5 U.S.C. 552a(f).
    (f) Reasons for exemptions under 5 U.S.C. 552a(k)(1). The reason 
for invoking the exemption is to protect material authorized to be kept 
secret in the interest of national defense or foreign policy pursuant 
to Executive Orders 12958, 13526, or successor or prior Executive 
Orders.
* * * * *

    Dated: July 16, 2010.
Melissa Hartman,
Acting Deputy Assistant Secretary for Privacy, Transparency, and 
Records.
[FR Doc. 2010-25756 Filed 10-12-10; 8:45 am]
BILLING CODE 4810-25-P