Privacy Act of 1974; Implementation, 4816-4817 [2011-1775]

Download as PDF 4816 Federal Register / Vol. 76, No. 18 / Thursday, January 27, 2011 / Rules and Regulations With respect to amending the disclosures related to Section 343, the FDIC asserts that the economic impact on all small entities participating in the program (regardless of whether they currently pay a fee) is de minimis in nature and is outweighed by the economic benefit of additional insurance coverage. Accordingly, the final rule does not have a significant economic impact on a substantial number of small entities. D. The Treasury and General Government Appropriations Act, 1999— Assessment of Federal Regulations and Policies on Families The FDIC has determined that the final rule will not affect family wellbeing within the meaning of section 654 of the Treasury and General Government Appropriations Act, enacted as part of the Omnibus Consolidated and Emergency Supplemental Appropriations Act of 1999 (Pub. L. 105–277, 112 Stat. 2681). E. Small Business Regulatory Enforcement Fairness Act The Office of Management and Budget has determined that the final rule is not a ‘‘major rule’’ within the meaning of the relevant sections of the Small Business Regulatory Enforcement Act of 1996 (‘‘SBREFA’’) (5 U.S.C. 801 et seq.). As required by SBREFA, the FDIC will file the appropriate reports with Congress and the General Accounting Office so that the final rule may be reviewed. F. Plain Language Section 722 of the Gramm-LeachBliley Act (Pub. L. 106–102, 113 Stat. 1338, 1471), requires the Federal banking agencies to use plain language in all proposed and final rules published after January 1, 2000. The FDIC has sought to present the final rule in a simple and straightforward manner, and has previously made revisions to the proposed rule in response to commenter concerns seeking clarification of the application of the deposit insurance rules. erowe on DSK5CLS3C1PROD with RULES List of Subjects in 12 CFR Part 330 Bank deposit insurance, Banks, Banking, Reporting and recordkeeping requirements, Savings and loan associations, Trusts and trustees. For the reasons stated above, the Board of Directors of the Federal Deposit Insurance Corporation hereby amends part 330 of title 12 of the Code of Federal Regulations as follows: VerDate Mar<15>2010 14:37 Jan 26, 2011 Jkt 223001 PART 330—DEPOSIT INSURANCE COVERAGE 1. The authority citation for part 330 continues to read as follows: ■ Authority: 12 U.S.C. 1813(1), 1813(m), 1817(i), 1818(q), 1819 (Tenth), 1820(f), 1821(a), 1822(c). 2. In § 330.1, paragraph (r) is revised to read as follows: ■ § 330.1. Definitions. * * * * * (r) Noninterest-bearing transaction account means— (1) A deposit or account maintained at an insured depository institution— (i) With respect to which interest is neither accrued nor paid; (ii) On which the depositor or account holder is permitted to make withdrawals by negotiable or transferable instrument, payment orders of withdrawal, telephone or other electronic media transfers, or other similar items for the purpose of making payments or transfers to third parties or others; and (iii) On which the insured depository institution does not reserve the right to require advance notice of an intended withdrawal; and (2) A trust account established by an attorney or law firm on behalf of a client, commonly known as an Interest on Lawyers Trust Account, or a functionally equivalent account, as determined by the Corporation. ■ 3. In § 330.16, revise paragraphs (c)(1) and (c)(2) to read as follows: interest. It also includes Interest on Lawyers Trust Accounts (‘‘IOLTAs’’). It does not include other accounts, such as traditional checking or demand deposit accounts that may earn interest, NOW accounts, and money-market deposit accounts. For more information about temporary FDIC insurance coverage of transaction accounts, visit www.fdic.gov. (2) Institutions participating in the FDIC’s Transaction Account Guarantee Program on December 31, 2010, must provide a notice by mail to depositors with negotiable order of withdrawal accounts that are protected in full as of that date under the Transaction Account Guarantee Program that, as of January 1, 2011, such accounts no longer will be eligible for unlimited protection. This notice must be provided to such depositors no later than December 31, 2010. * * * * * Dated at Washington, DC, this 18th day of January 2011. By order of the Board of Directors. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary. [FR Doc. 2011–1732 Filed 1–26–11; 8:45 am] BILLING CODE 6741–01–P DEPARTMENT OF THE TREASURY Office of the Secretary 31 CFR Part 1 RIN 1505–AC27 § 330.16 Noninterest-bearing transaction accounts. Privacy Act of 1974; Implementation * AGENCY: * * * * (c) * * * (1) By no later than February 28, 2011, each depository institution that offers noninterest-bearing transaction accounts must post prominently the following notice in the lobby of its main office, in each domestic branch and, if it offers Internet deposit services, on its Web site: NOTICE OF CHANGES IN TEMPORARY FDIC INSURANCE COVERAGE FOR TRANSACTION ACCOUNTS All funds in a ‘‘noninterest-bearing transaction account’’ are insured in full by the Federal Deposit Insurance Corporation from December 31, 2010, through December 31, 2012. This temporary unlimited coverage is in addition to, and separate from, the coverage of at least $250,000 available to depositors under the FDIC’s general deposit insurance rules. The term ‘‘noninterest-bearing transaction account’’ includes a traditional checking account or demand deposit account on which the insured depository institution pays no PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 ACTION: Departmental Offices, Treasury. Final rule. In accordance with the requirements of the Privacy Act of 1974, the Department of the Treasury gives notice of an 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: Effective Date: January 27, 2011. 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). SUMMARY: E:\FR\FM\27JAR1.SGM 27JAR1 Federal Register / Vol. 76, No. 18 / Thursday, January 27, 2011 / Rules and Regulations The Departmental Offices published a system of records notice on October 6, 2010, at 75 FR 61853, consolidating three systems of records into one entitled ‘‘Treasury/DO .120—Records Related to Office of Foreign Assets Control Economic Sanctions.’’ On October 13, 2010, the Department published, at 75 FR 62737, a proposed rule amending § 1.26(g)(6)(ii)(A) to update the reference to applicable Executive Orders by referencing Executive Orders 12958, 13526, or successor or prior Executive Orders as may be necessary. The proposed rule also exempted the system of records from provisions of the Privacy Act pursuant to 5 U.S.C. 552a(k)(1). The proposed rule created a new table in paragraph 31 CFR 1.36(e)(1) under the 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 are designated as ‘‘(ii).’’ The proposed rule requested that public comments be submitted to the Assistant Director, Disclosure Services, OFAC, Department of the Treasury, 1500 Pennsylvania Avenue, NW., Washington, DC 20220. The Department did not receive comments on the proposed rule. Accordingly the Department is hereby giving notice that the system of records entitled ‘‘Treasury/ DO .120—Records Related to Office of Foreign Assets Control Economic Sanctions’’ is exempt from provisions of the Privacy Act, pursuant to 5 U.S.C. 552a(k)(1) as set forth in the proposed rule. This final rule is not a ‘‘significant regulatory action’’ under Executive Order 12866. A notice amending the Privacy Act system of records entitled ‘‘Treasury/DO .120—Records Related to Office of Foreign Assets Control Economic Sanctions’’ will be published separately in the Federal Register. 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. erowe on DSK5CLS3C1PROD with RULES SUPPLEMENTARY INFORMATION: List of Subjects in 31 CFR Part 1 Privacy. VerDate Mar<15>2010 14:37 Jan 26, 2011 Jkt 223001 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. 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 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: § 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 FinCEN .001. PO 00000 Frm 00017 System name FinCEN Database. Fmt 4700 Sfmt 4700 4817 (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: January 7, 2011. Melissa Hartman, Deputy Assistant Secretary for Privacy, Transparency, and Records. [FR Doc. 2011–1775 Filed 1–26–11; 8:45 am] BILLING CODE 4810–25–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2011–0009] Drawbridge Operation Regulations; Chelsea River, Chelsea and East Boston, MA Coast Guard, DHS. Notice of temporary deviation from regulations. AGENCY: ACTION: The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the P.J. McArdle Bridge across the Chelsea River, mile 0.3, between Chelsea and East Boston, Massachusetts. The deviation is necessary to facilitate a public event. This deviation allows the bridge to remain in the closed position. DATES: This deviation is effective from 8 a.m. through 5 p.m. on May 21, 2011. ADDRESSES: Documents mentioned in this preamble as being available in the docket are part of docket USCG–2011– 0009 and are available online at https://www.regulations.gov, inserting USCG–2011–0009 in the ‘‘Keyword’’ and then clicking ‘‘Search.’’ They are also available for inspection or copying at the Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. SUMMARY: E:\FR\FM\27JAR1.SGM 27JAR1

Agencies

[Federal Register Volume 76, Number 18 (Thursday, January 27, 2011)]
[Rules and Regulations]
[Pages 4816-4817]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1775]


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DEPARTMENT OF THE TREASURY

Office of the Secretary

31 CFR Part 1

RIN 1505-AC27


Privacy Act of 1974; Implementation

AGENCY: Departmental Offices, Treasury.

ACTION: Final rule.

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

SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, the Department of the Treasury gives notice of an 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: Effective Date: January 27, 2011.

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).

[[Page 4817]]


SUPPLEMENTARY INFORMATION: The Departmental Offices published a system 
of records notice on October 6, 2010, at 75 FR 61853, consolidating 
three systems of records into one entitled ``Treasury/DO .120--Records 
Related to Office of Foreign Assets Control Economic Sanctions.''
    On October 13, 2010, the Department published, at 75 FR 62737, a 
proposed rule amending Sec.  1.26(g)(6)(ii)(A) to update the reference 
to applicable Executive Orders by referencing Executive Orders 12958, 
13526, or successor or prior Executive Orders as may be necessary. The 
proposed rule also exempted the system of records from provisions of 
the Privacy Act pursuant to 5 U.S.C. 552a(k)(1).
    The proposed rule created a new table in paragraph 31 CFR 
1.36(e)(1) under the 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 are designated as 
``(ii).''
    The proposed rule requested that public comments be submitted to 
the Assistant Director, Disclosure Services, OFAC, Department of the 
Treasury, 1500 Pennsylvania Avenue, NW., Washington, DC 20220. The 
Department did not receive comments on the proposed rule. Accordingly 
the Department is hereby giving notice that the system of records 
entitled ``Treasury/DO .120--Records Related to Office of Foreign 
Assets Control Economic Sanctions'' is exempt from provisions of the 
Privacy Act, pursuant to 5 U.S.C. 552a(k)(1) as set forth in the 
proposed rule.
    This final rule is not a ``significant regulatory action'' under 
Executive Order 12866.
    A notice amending the Privacy Act system of records entitled 
``Treasury/DO .120--Records Related to Office of Foreign Assets Control 
Economic Sanctions'' will be published separately in the Federal 
Register.
    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.

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]

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.

Subpart C--Privacy Act

0
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 the information to 
determine whether it continues to warrant classification pursuant to an 
Executive Order. * * *
* * * * *
0
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: January 7, 2011.
Melissa Hartman,
Deputy Assistant Secretary for Privacy, Transparency, and Records.
[FR Doc. 2011-1775 Filed 1-26-11; 8:45 am]
BILLING CODE 4810-25-P
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