Privacy Act of 1974; Proposed Implementation, 55839-55840 [2011-22979]

Download as PDF mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 76, No. 175 / Friday, September 9, 2011 / Proposed Rules (1) Using index prices to value oil and gas. Commenters generally agreed that the use of index pricing to determine the value of Federal oil production for royalty purposes under the existing rules is working well. The ONRR invites other suggestions to improve the oil valuation regulations. Comments on the use of index pricing in valuing Federal gas for royalty purposes were sharply divided. The ONRR invites more specific comments as to whether index pricing could possibly replace gross proceeds in valuing Federal gas production. (2) Examining possible alternatives to the requirement to track costs for determining gas transportation. Comments on this issue were divided. The ONRR invites specific comments on alternative methods for calculating actual transportation costs that would adjust for location differences between the lease or unit and the index pricing point. (3) Considering accounting for the value of liquid hydrocarbons contained in the gas stream by applying an adjustment or ‘‘bump’’ to the index price. Generally, commenters provided that they would support an alternative method for calculating the actual costs to process gas if it were truly revenue neutral. However, ONRR invites suggestions regarding other methodologies that would simplify the valuation and reporting of processed gas. (4) The ONRR also is interested in receiving comments on any other alternative valuation methodologies that would provide additional levels of clarity, efficiency, and early certainty to the industry and Federal Government. In addition to the specific issues identified above, we invite participants to comment on any other significant issues impacting the value of Federal oil and natural gas for royalty purposes. We encourage stakeholders and members of the public to participate. The workshops will be open to the public without advance registration; however, attendance may be limited to the space available at each venue. For building security measures, each person may be required to present a picture identification to gain entry to the meetings. Dated: September 2, 2011. Gregory J. Gould, Director for Office of Natural Resources Revenue. [FR Doc. 2011–23104 Filed 9–8–11; 8:45 am] BILLING CODE 4310–MR–P VerDate Mar<15>2010 16:55 Sep 08, 2011 Jkt 223001 DEPARTMENT OF THE TREASURY Office of the Secretary 31 CFR Part 1 RIN 1505–AC31 Privacy Act of 1974; Proposed Implementation Departmental Offices, Treasury. Notice of proposed rulemaking. AGENCY: ACTION: In accordance with the requirements of the Privacy Act of 1974, the Department of the Treasury gives notice of a proposed amendment to this part to exempt a system of records from certain provisions of the Privacy Act. DATES: Comments must be received no later than October 11, 2011. ADDRESSES: Written comments should be sent to the Department of the Treasury, Office of Civil Rights and Diversity, 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 line). You may also submit comments through the Federal rulemaking portal at https:// www.regulations.gov (follow the instructions for submitting comments). 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: Mariam G. Harvey, Department of the Treasury, 1500 Pennsylvania Avenue, NW., Washington, DC 20220, at (202) 622–0316, (202) 622–0367 (fax), or via electronic mail at ocrd.comments@do.treas.gov. SUPPLEMENTARY INFORMATION: Under 5 U.S.C. 552a(k)(2), the head of a Federal 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 ‘‘investigatory material compiled for law enforcement purposes, other than material within the scope of subsection (j)(2).’’ To the extent that this system of records contain investigative material within the provision of 5 U.S.C. 552a(k)(2), the Department of the Treasury proposes to exempt the Treasury .013—Department of the SUMMARY: PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 55839 Treasury Civil Rights Complaints and Compliance Review Files, from various provisions of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2). The proposed rule will create a new table in paragraph 31 CFR 1.36(g)(1) under the heading designated as ‘‘(i) Treasury.’’ The system of records entitled ‘‘Treasury .013—Department of the Treasury Civil Rights Complaints and Compliance Review Files’’ will be added to the table under (i). The current heading ‘‘Departmental Offices:’’ and the associated table will be designated as ‘‘(ii).’’ Paragraphs (ii) through (xiii) are re-designated (iii) through (xiv) respectively. The Department of the Treasury (Treasury) is publishing the notice of the new system of records separately in the Federal Register. The proposed exemption under 5 U.S.C. 552a(k)(2) for the above system of records is from provisions 5 U.S.C. 552a(c)(3), (d)(1), (d)(2), (d)(3), (d)(4), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f). Exemptions from these particular subsections are justified on a case-bycase basis to be determined at the time a request is made for the following reasons: 1. 5 U.S.C. 552a(c)(3) requires an agency to make accountings of disclosures of a record available to the individual named in the record upon his or her request. The accountings must state the date, nature, and purpose of disclosures of the record and the names and addresses of recipients. Making accountings of disclosures available to the subjects of investigations would alert them to the fact that an investigation is being conducted into their activities as well as identify the nature, scope, and purpose of that investigation. The subjects of investigations, if provided an accounting of disclosures, would be able to take measures to avoid detection or apprehension by destroying or concealing evidence that would form the basis for detection or apprehension. 2. 5 U.S.C. 552a(d)(1), (e)(4)(H), and (f)(2), (3), and (5) grant individual access, or concern procedures by which an individual may gain access, to records pertaining to themselves. Disclosure of this information to the subjects of investigations would provide individuals with information concerning the nature and scope of any current investigation, may enable them to avoid detection or apprehension, may enable them to destroy or alter evidence of criminal conduct that would form the basis for their arrest, and could impede the investigator’s ability to investigate the matter. In addition, permitting access to investigative files and records E:\FR\FM\09SEP1.SGM 09SEP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS 55840 Federal Register / Vol. 76, No. 175 / Friday, September 9, 2011 / Proposed Rules could disclose the identity of confidential sources and the nature of the information supplied by informants as well as endanger the physical safety of those sources by exposing them to possible reprisals for having provided the information. Confidential sources and informers might refuse to provide valuable information unless they believe that their identities would not be revealed through disclosure of their names or the nature of the information they supplied. Loss of access to such sources would seriously impair the investigator’s ability to perform its law enforcement responsibilities. Furthermore, providing access to records contained in the system of records could reveal the identities of undercover law enforcement officers who compiled information regarding the individual’s criminal activities, thereby endangering the physical safety of those undercover officers by exposing them to possible reprisals. Permitting access in keeping these provisions would also discourage other law enforcement and regulatory agencies, foreign or domestic, from freely sharing information and thus would restrict access to information necessary to accomplish it mission most effectively. 3. 5 U.S.C. 552a(d)(2), (3), and (4), (e)(4)(H), and (f)(4) permit an individual to request amendment of a record pertaining to the individual or concern related to procedures, and require the agency either to amend the record or to note the disputed portion of the record, and to provide a copy of the individual’s statement of disagreement with the agency’s refusal to amend a record to persons or other agencies to whom the record is thereafter disclosed. Since these provisions depend upon the individual having access to his or her records, and since an exemption from the provisions of 5 U.S.C. 552a relating to access to records is proposed for the reasons set out in the preceding paragraph of this section, these provisions should not apply to the above-listed system or records. 4. 5 U.S.C. 552a(e)(1) requires an agency to maintain in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required to be accomplished by statute or Executive Order. The term ‘‘maintain,’’ as defined in 5 U.S.C. 552a(a)(3), includes ‘‘collect’’ and ‘‘disseminate.’’ The application of this provision could impair the investigator’s ability to collect and disseminate valuable law enforcement information. In the early stages of an investigation, it may be impossible to determine whether information collected is relevant and VerDate Mar<15>2010 16:55 Sep 08, 2011 Jkt 223001 necessary, and information that initially appears irrelevant and information developed subsequently, prove particularly relevant and necessary to the investigation. Compliance with the above records maintenance requirements would require the periodic up-dating of information Treasury collects and maintains to ensure that the records in this system remain timely, accurate, and complete. Further, the investigator may uncover evidence of violations of law that fall within the investigative jurisdiction of other law enforcement agencies. To promote effective law enforcement, the investigator will refer this evidence to the appropriate authority for further investigation. 5. 5 U.S.C. 552a(e)(4)(G) and (f)(1) enable individuals to inquire whether a system of records contains records pertaining to them. Application of these provisions to the above-referenced systems of records could allow individuals to learn whether they have been identified as subjects of investigation. Access to such knowledge would impair the investigator’s ability to carry out the mission, since individuals could take steps to avoid detection and destroy or hide evidence needed to prove the violation. 6. 5 U.S.C. 552a(e)(4)(I) requires an agency to publish a general notice listing the categories of sources for information contained in a system of records. Revealing sources for information could disclose investigative techniques and procedures; result in threats or reprisals against confidential informants by the subjects of investigations; and cause confidential informants to refuse to give full information to investigators for fear of having their identities as sources disclosed. As required by Executive Order 12866, it has been determined that this rule is not a significant regulatory action, and therefore, does not require a regulatory impact analysis. 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 552a(k) of the Privacy Act, is to exempt certain information maintained by Treasury in the above system of records from notification, access and amendment of a record by PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 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. 2. In § 1.36, redesignate paragraphs (g)(1)(i) through (xiii) as (g)(1)(ii) through (xiv), respectively, and add new paragraph (g)(1)(i) to read as follows: § 1.36 Systems exempt in whole or in part from provisions of 5 U.S.C. 522a and this part. * * * (g) * * * (1) * * * (i) Treasury: * Number System name Treasury .013 * * * * Department of the Treasury Civil Rights Complaints and Compliance Review Files, * * Dated: August 17, 2011. Veronica Marco, Acting Deputy Assistant Secretary for Privacy, Transparency, and Records. [FR Doc. 2011–22979 Filed 9–8–11; 8:45 am] BILLING CODE 4810–25–P DEPARTMENT OF THE INTERIOR National Park Service 36 CFR Part 7 RIN 1024–AD85 Cape Hatteras National Seashore Proposed Rule: Off-Road Vehicle Management—Reopening of Public Comment Period National Park Service, Interior. Reopening of public comment AGENCY: ACTION: period. E:\FR\FM\09SEP1.SGM 09SEP1

Agencies

[Federal Register Volume 76, Number 175 (Friday, September 9, 2011)]
[Proposed Rules]
[Pages 55839-55840]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22979]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Office of the Secretary

31 CFR Part 1

RIN 1505-AC31


Privacy Act of 1974; Proposed Implementation

AGENCY: Departmental Offices, Treasury.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, the Department of the Treasury gives notice of a proposed 
amendment to this part to exempt a system of records from certain 
provisions of the Privacy Act.

DATES: Comments must be received no later than October 11, 2011.

ADDRESSES: Written comments should be sent to the Department of the 
Treasury, Office of Civil Rights and Diversity, 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 line). You may also submit comments through the Federal 
rulemaking portal at https://www.regulations.gov (follow the 
instructions for submitting comments). 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: Mariam G. Harvey, Department of the 
Treasury, 1500 Pennsylvania Avenue, NW., Washington, DC 20220, at (202) 
622-0316, (202) 622-0367 (fax), or via electronic mail at 
ocrd.comments@do.treas.gov.

SUPPLEMENTARY INFORMATION: Under 5 U.S.C. 552a(k)(2), the head of a 
Federal 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 
``investigatory material compiled for law enforcement purposes, other 
than material within the scope of subsection (j)(2).'' To the extent 
that this system of records contain investigative material within the 
provision of 5 U.S.C. 552a(k)(2), the Department of the Treasury 
proposes to exempt the Treasury .013--Department of the Treasury Civil 
Rights Complaints and Compliance Review Files, from various provisions 
of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2).
    The proposed rule will create a new table in paragraph 31 CFR 
1.36(g)(1) under the heading designated as ``(i) Treasury.'' The system 
of records entitled ``Treasury .013--Department of the Treasury Civil 
Rights Complaints and Compliance Review Files'' will be added to the 
table under (i). The current heading ``Departmental Offices:'' and the 
associated table will be designated as ``(ii).'' Paragraphs (ii) 
through (xiii) are re-designated (iii) through (xiv) respectively.
    The Department of the Treasury (Treasury) is publishing the notice 
of the new system of records separately in the Federal Register.
    The proposed exemption under 5 U.S.C. 552a(k)(2) for the above 
system of records is from provisions 5 U.S.C. 552a(c)(3), (d)(1), 
(d)(2), (d)(3), (d)(4), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and 
(f). Exemptions from these particular subsections are justified on a 
case-by-case basis to be determined at the time a request is made for 
the following reasons:
    1. 5 U.S.C. 552a(c)(3) requires an agency to make accountings of 
disclosures of a record available to the individual named in the record 
upon his or her request. The accountings must state the date, nature, 
and purpose of disclosures of the record and the names and addresses of 
recipients. Making accountings of disclosures available to the subjects 
of investigations would alert them to the fact that an investigation is 
being conducted into their activities as well as identify the nature, 
scope, and purpose of that investigation. The subjects of 
investigations, if provided an accounting of disclosures, would be able 
to take measures to avoid detection or apprehension by destroying or 
concealing evidence that would form the basis for detection or 
apprehension.
    2. 5 U.S.C. 552a(d)(1), (e)(4)(H), and (f)(2), (3), and (5) grant 
individual access, or concern procedures by which an individual may 
gain access, to records pertaining to themselves. Disclosure of this 
information to the subjects of investigations would provide individuals 
with information concerning the nature and scope of any current 
investigation, may enable them to avoid detection or apprehension, may 
enable them to destroy or alter evidence of criminal conduct that would 
form the basis for their arrest, and could impede the investigator's 
ability to investigate the matter. In addition, permitting access to 
investigative files and records

[[Page 55840]]

could disclose the identity of confidential sources and the nature of 
the information supplied by informants as well as endanger the physical 
safety of those sources by exposing them to possible reprisals for 
having provided the information. Confidential sources and informers 
might refuse to provide valuable information unless they believe that 
their identities would not be revealed through disclosure of their 
names or the nature of the information they supplied. Loss of access to 
such sources would seriously impair the investigator's ability to 
perform its law enforcement responsibilities. Furthermore, providing 
access to records contained in the system of records could reveal the 
identities of undercover law enforcement officers who compiled 
information regarding the individual's criminal activities, thereby 
endangering the physical safety of those undercover officers by 
exposing them to possible reprisals. Permitting access in keeping these 
provisions would also discourage other law enforcement and regulatory 
agencies, foreign or domestic, from freely sharing information and thus 
would restrict access to information necessary to accomplish it mission 
most effectively.
    3. 5 U.S.C. 552a(d)(2), (3), and (4), (e)(4)(H), and (f)(4) permit 
an individual to request amendment of a record pertaining to the 
individual or concern related to procedures, and require the agency 
either to amend the record or to note the disputed portion of the 
record, and to provide a copy of the individual's statement of 
disagreement with the agency's refusal to amend a record to persons or 
other agencies to whom the record is thereafter disclosed. Since these 
provisions depend upon the individual having access to his or her 
records, and since an exemption from the provisions of 5 U.S.C. 552a 
relating to access to records is proposed for the reasons set out in 
the preceding paragraph of this section, these provisions should not 
apply to the above-listed system or records.
    4. 5 U.S.C. 552a(e)(1) requires an agency to maintain in its 
records only such information about an individual as is relevant and 
necessary to accomplish a purpose of the agency required to be 
accomplished by statute or Executive Order. The term ``maintain,'' as 
defined in 5 U.S.C. 552a(a)(3), includes ``collect'' and 
``disseminate.'' The application of this provision could impair the 
investigator's ability to collect and disseminate valuable law 
enforcement information. In the early stages of an investigation, it 
may be impossible to determine whether information collected is 
relevant and necessary, and information that initially appears 
irrelevant and information developed subsequently, prove particularly 
relevant and necessary to the investigation. Compliance with the above 
records maintenance requirements would require the periodic up-dating 
of information Treasury collects and maintains to ensure that the 
records in this system remain timely, accurate, and complete. Further, 
the investigator may uncover evidence of violations of law that fall 
within the investigative jurisdiction of other law enforcement 
agencies. To promote effective law enforcement, the investigator will 
refer this evidence to the appropriate authority for further 
investigation.
    5. 5 U.S.C. 552a(e)(4)(G) and (f)(1) enable individuals to inquire 
whether a system of records contains records pertaining to them. 
Application of these provisions to the above-referenced systems of 
records could allow individuals to learn whether they have been 
identified as subjects of investigation. Access to such knowledge would 
impair the investigator's ability to carry out the mission, since 
individuals could take steps to avoid detection and destroy or hide 
evidence needed to prove the violation.
    6. 5 U.S.C. 552a(e)(4)(I) requires an agency to publish a general 
notice listing the categories of sources for information contained in a 
system of records. Revealing sources for information could disclose 
investigative techniques and procedures; result in threats or reprisals 
against confidential informants by the subjects of investigations; and 
cause confidential informants to refuse to give full information to 
investigators for fear of having their identities as sources disclosed.
    As required by Executive Order 12866, it has been determined that 
this rule is not a significant regulatory action, and therefore, does 
not require a regulatory impact analysis.
    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 552a(k) of the 
Privacy Act, is to exempt certain information maintained by Treasury in 
the above system of records from notification, access 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.

    2. In Sec.  1.36, redesignate paragraphs (g)(1)(i) through (xiii) 
as (g)(1)(ii) through (xiv), respectively, and add new paragraph 
(g)(1)(i) 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.

* * * * *
    (g) * * *
    (1) * * *
    (i) Treasury:

------------------------------------------------------------------------
                 Number                            System name
------------------------------------------------------------------------
Treasury .013..........................  Department of the Treasury
                                          Civil Rights Complaints and
                                          Compliance Review Files,
------------------------------------------------------------------------

* * * * *

     Dated: August 17, 2011.
Veronica Marco,
Acting Deputy Assistant Secretary for Privacy, Transparency, and 
Records.
[FR Doc. 2011-22979 Filed 9-8-11; 8:45 am]
BILLING CODE 4810-25-P