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