Privacy Act of 1974: Implementation of Exemptions; Export-Import Bank of the United States Office of Inspector General-EIB-35-Office of Inspector General Investigative Records, 41885-41886 [2012-17382]
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41885
Rules and Regulations
Federal Register
Vol. 77, No. 137
Tuesday, July 17, 2012
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
7 CFR Part 1485
Market Access Program
Foreign Agricultural Service
and Commodity Credit Corporation,
USDA.
ACTION: Correcting amendments.
AGENCY:
The U.S. Department of
Agriculture published a final rule in the
Federal Register on May 17, 2012 (77
FR 29474). This document corrects the
final regulations by revising these
sections.
SUMMARY:
Effective date: July 17, 2012.
FOR FURTHER INFORMATION CONTACT:
Mark Slupek, 202–720–1169, U.S.
Department of Agriculture, Foreign
Agricultural Service, Office of Trade
Programs, Program Operations Division;
or by phone: (202) 720–4327; or by fax:
(202) 720–9361; or by email:
podadmin@fas.usda.gov.
DATES:
As
published, the final regulation
contained an error which may prove to
be misleading and need to be clarified.
SUPPLEMENTARY INFORMATION:
List of Subjects in 7 CFR Part 1485
Agricultural commodities, Exports.
Accordingly, 7 CFR Part 1485 is
corrected by making the following
correcting amendment:
■
2. Revise the part heading for part
1485 to read as set forth above.
EXPORT-IMPORT BANK OF THE
UNITED STATES
3. Revise paragraph (b) of § 1485.19 to
read as follows:
12 CFR Part 404
§ 1485.19
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
[EXIM–OIG–2012–0010]
■
Advances.
*
*
*
*
*
(b) Exception. A MAP Participant for
generic promotion activities may
request an advance of MAP funds from
CCC, provided the MAP Participant
meets the criteria for advance payments
set forth in the applicable parts of this
title (e.g., 7 CFR Parts 3015, 3016, and
3019). CCC will not approve any request
for an advance submitted later than 3
months after the end of a MAP
Participant’s program year. At any given
time, total payments advanced shall not
exceed 40 percent of a MAP
Participant’s approved generic activity
budget for the program year. CCC will
not advance funds to a MAP Participant
for brand promotion activities. When
approving a request for an advance, CCC
may require the MAP Participant to
carry adequate fidelity bond coverage
when the absence of such coverage is
considered to create an unacceptable
risk to the interests of the MAP.
Whether an ‘‘unacceptable risk’’ exists
in a particular situation will depend on
a number of factors, such as, for
example, the Participant’s history of
performance in MAP; the Participant’s
perceived financial stability and
resources; and any other factors
presented in the particular situation that
may reflect on the Participant’s
responsibility or the riskiness of its
activities.
*
*
*
*
*
Dated: June 7, 2012.
Suzanne E. Heinen,
Administrator, Foreign Agricultural Service,
and Vice President, Commodity Credit
Corporation.
sroberts on DSK5SPTVN1PROD with RULES
[FR Doc. 2012–15195 Filed 7–16–12; 8:45 am]
PART 1485—GRANT AGREEMENTS
FOR THE DEVELOPMENT OF
FOREIGN MARKETS FOR U.S.
AGRICULTURAL COMMODITIES
BILLING CODE 3410–10–P
1. The authority citation for 7 CFR
part 1485 continues to read as follows:
■
Authority: 7 U.S.C. 5623, 5662–5663 and
sec. 203, 402–403, Pub. L. 95–501, as
amended, 92 Stat 1685 and sec. 1302, Pub.
L. 103–66, 107 Stat. 330.
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19:47 Jul 16, 2012
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RIN 3048–AA02
Privacy Act of 1974: Implementation of
Exemptions; Export-Import Bank of the
United States Office of Inspector
General—EIB–35—Office of Inspector
General Investigative Records
Office of the Inspector General,
Export-Import Bank of the United
States.
ACTION: Final rule.
AGENCY:
The Export-Import Bank of
the United States (hereafter known as
‘‘Ex-Im Bank’’) is issuing a final rule to
exempt portions of a system of records
entitled ‘‘EIB–35—Office of Inspector
General Investigative Records’’ from one
or more provisions of the Privacy Act
because of criminal, civil, and
administrative enforcement
requirements.
SUMMARY:
The final rule is effective August
16, 2012.
FOR FURTHER INFORMATION CONTACT:
Osvaldo Gratacos, Ex-Im Bank, Office of
Inspector General, 811 Vermont Avenue
NW., Rm. 976, Washington, DC 20571 or
by telephone (202) 565–3908 or
facsimile (202) 565–3988.
SUPPLEMENTARY INFORMATION:
DATES:
Background
The Ex-Im Bank published a notice of
proposed rulemaking in the Federal
Register, 77 FR 27140 (May 9, 2012),
proposing to exempt portions of a
system of records entitled ‘‘EIB–35—
Office of Inspector General Investigative
Records’’ and held by the Ex-Im Bank
Office of Inspector General (OIG), from
one or more provisions of the Privacy
Act of 1974, 5 U.S.C. 552a. The
exemptions are necessary in order for
Ex-Im Bank OIG to carry out its
investigative responsibilities pursuant
to the Inspector General Act of 1978, as
amended. The Ex-Im Bank OIG
published the system of records notice
in the Federal Register, 77 FR 26755
(May 7, 2012), and comments were
invited on both the Notice of Proposed
Rulemaking (NPRM) and the System of
Records Notice (SORN).
E:\FR\FM\17JYR1.SGM
17JYR1
41886
Federal Register / Vol. 77, No. 137 / Tuesday, July 17, 2012 / Rules and Regulations
Public Comments
Ex-Im Bank did not receive any
comments on the SORN or the NPRM.
Ex-Im Bank will implement the
rulemaking as proposed.
List of Subjects in 12 CFR Part 404
Information disclosure.
For the reasons stated in the
preamble, Ex-Im Bank amends chapter
IV of Title 12, Code of Federal
Regulations, as follows:
PART 404—INFORMATION
DISCLOSURE
1. The authority citation for part 404
continues to read as follows:
■
Authority: 5 U.S.C. 552 and 552a. Section
404.7 also issued under E.O. 12600, 52 FR
23781, 3 CFR, 1987 Comp., p. 235. Section
404.21 also issued under 5 U.S.C. 552a note.
Subpart C also issued under 5 U.S.C. 301, 12
U.S.C. 635.
2. Add § 404.24 to Subpart B to read
as follows:
■
sroberts on DSK5SPTVN1PROD with RULES
§ 404.24 Exemptions: EIB–35—Office of
Inspector General Investigative Records.
(a) Criminal Law Enforcement—(1)
Exemption. Under the authority granted
by 5 U.S.C. 552a(j)(2), Ex-Im Bank
hereby exempts the system of records
entitled ‘‘EIB–35—Office of Inspector
General Investigative Records’’ from the
provisions of 5 U.S.C. 552a(c)(3), (c)(4),
(d)(1) through (4), (e)(1) through (3),
(e)(4)(G) and (H), (e)(5), (e)(8), (f), and (g)
because the system contains information
pertaining to the enforcement of
criminal laws. ‘‘EIB–35—Office of
Inspector General Investigative
Records’’ is maintained by the Ex-Im
Bank Office of Inspector General (‘‘OIG’’
or ‘‘Ex-Im Bank OIG.’’)
(2) Reasons for exemption. The
reasons for asserting this exemption are:
(i) Disclosure to the individual named
in the record pursuant to 5 U.S.C.
552a(c)(3), (c)(4), or (d)(1) through (4)
could seriously impede or compromise
the investigation by alerting the
target(s), subjecting a potential witness
or witnesses to intimidation or improper
influence, and leading to destruction of
evidence. Disclosure could enable
suspects to take action to prevent
detection of criminal activities, conceal
evidence, or escape prosecution.
(ii) Application of 5 U.S.C. 552a(e)(1)
is impractical because the relevance of
specific information might be
established only after considerable
analysis and as the investigation
progresses. Effective law enforcement
requires the OIG to keep information
that may not be relevant to a specific
OIG investigation, but which may
provide leads for appropriate law
VerDate Mar<15>2010
19:47 Jul 16, 2012
Jkt 226001
enforcement and to establish patterns of
activity that might relate to the
jurisdiction of the OIG and/or other
agencies.
(iii) Application of 5 U.S.C. 552a(e)(2)
would be counterproductive to the
performance of a criminal investigation
because it would alert the individual to
the existence of an investigation. In any
investigation, it is necessary to obtain
evidence from a variety of sources other
than the subject of the investigation in
order to verify the evidence necessary
for successful litigation or prosecution.
(iv) Application of 5 U.S.C. 552a(e)(3)
could discourage the free flow of
information in a criminal law
enforcement inquiry.
(v) The requirements of 5 U.S.C.
552a(e)(4)(G) and (H) and (f) would be
counterproductive to the performance of
a criminal investigation. To notify an
individual at the individual’s request of
the existence of records in an
investigative file pertaining to such
individual, or to grant access to an
investigative file could interfere with
investigative and enforcement
proceedings, deprive co-defendants of a
right to a fair trial or other impartial
adjudication, constitute an unwarranted
invasion of personal privacy of others,
disclose the identity or confidential
sources, reveal confidential information
supplied by these sources and disclose
investigative techniques and
procedures. Nevertheless, Ex-Im Bank
OIG has published notice of its
notification, access, and contest
procedures because access may be
appropriate in some cases.
(vi) Although the OIG endeavors to
maintain accurate records, application
of 5 U.S.C. 552a(e)(5) is impractical
because maintaining only those records
that are accurate, relevant, timely, and
complete and that assure fairness in
determination is contrary to established
investigative techniques. Information
that may initially appear inaccurate,
irrelevant, untimely, or incomplete may,
when collated and analyzed with other
available information, become more
pertinent as an investigation progresses.
(vii) Application of 5 U.S.C. 552a(e)(8)
could prematurely reveal an ongoing
criminal investigation to the subject of
the investigation.
(viii) The provisions of subsection (g)
do not apply to this system if an
exemption otherwise applies.
(b) Other Law Enforcement—(1)
Exemption. Under the authority granted
by 5 U.S.C. 552a(k)(2), Ex-Im Bank
hereby exempts the system of records
entitled ‘‘EIB–35—Office of Inspector
General Investigative Records’’ from the
provisions of 5 U.S.C. 552a(c)(3), (d)(1)
through (4), (e)(1), (e)(4)(G) and (H), and
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(f) for the same reasons as stated in
paragraph (a)(2) of this section, that is,
because the system contains
investigatory material compiled for law
enforcement purposes other than
material within the scope of subsection
552a(j)(2).
(2) Reasons for exemption. The
reasons for asserting this exemption are
because the disclosure and other
requirements of the Privacy Act could
substantially compromise the efficacy
and integrity of OIG operations.
Disclosure could invade the privacy of
other individuals and disclose their
identity when they were expressly
promised confidentiality. Disclosure
could interfere with the integrity of
information which would otherwise be
subject to privileges (see, e.g., 5 U.S.C.
552(b)(5)), and which could interfere
with other important law enforcement
concerns (see, e.g., 5 U.S.C. 552(b)(7)).
(c) Federal Civilian or Contract
Employment—(1) Exemption. Under the
authority granted by 5 U.S.C. 552a(k)(5),
Ex-Im Bank hereby exempts the system
of records entitled ‘‘EIB–35—Office of
Inspector General Investigative
Records’’ from the provisions of 5 U.S.C.
552a(c)(3), (d)(1) through (4), (e)(1),
(e)(4)(G) and (H), and (f) because the
system contains investigatory material
compiled for the purpose of determining
eligibility or qualifications for federal
civilian or contract employment.
(2) Reasons for exemption. The
reasons for asserting this exemption are
the same as described in paragraph
(a)(2) of this section.
Sharon A. Whitt,
Agency Clearance Officer.
[FR Doc. 2012–17382 Filed 7–16–12; 8:45 am]
BILLING CODE 6690–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2012–0266; Directorate
Identifier 2011–NM–061–AD; Amendment
39–17119; AD 2012–14–05]
RIN 2120–AA64
Airworthiness Directives; Airbus
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for all
Airbus Model A318, A319, and A320
series airplanes. This AD was prompted
SUMMARY:
E:\FR\FM\17JYR1.SGM
17JYR1
]]>Agencies
[Federal Register Volume 77, Number 137 (Tuesday, July 17, 2012)]
[Rules and Regulations]
[Pages 41885-41886]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17382]
=======================================================================
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EXPORT-IMPORT BANK OF THE UNITED STATES
12 CFR Part 404
[EXIM-OIG-2012-0010]
RIN 3048-AA02
Privacy Act of 1974: Implementation of Exemptions; Export-Import
Bank of the United States Office of Inspector General--EIB-35--Office
of Inspector General Investigative Records
AGENCY: Office of the Inspector General, Export-Import Bank of the
United States.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Export-Import Bank of the United States (hereafter known
as ``Ex-Im Bank'') is issuing a final rule to exempt portions of a
system of records entitled ``EIB-35--Office of Inspector General
Investigative Records'' from one or more provisions of the Privacy Act
because of criminal, civil, and administrative enforcement
requirements.
DATES: The final rule is effective August 16, 2012.
FOR FURTHER INFORMATION CONTACT: Osvaldo Gratacos, Ex-Im Bank, Office
of Inspector General, 811 Vermont Avenue NW., Rm. 976, Washington, DC
20571 or by telephone (202) 565-3908 or facsimile (202) 565-3988.
SUPPLEMENTARY INFORMATION:
Background
The Ex-Im Bank published a notice of proposed rulemaking in the
Federal Register, 77 FR 27140 (May 9, 2012), proposing to exempt
portions of a system of records entitled ``EIB-35--Office of Inspector
General Investigative Records'' and held by the Ex-Im Bank Office of
Inspector General (OIG), from one or more provisions of the Privacy Act
of 1974, 5 U.S.C. 552a. The exemptions are necessary in order for Ex-Im
Bank OIG to carry out its investigative responsibilities pursuant to
the Inspector General Act of 1978, as amended. The Ex-Im Bank OIG
published the system of records notice in the Federal Register, 77 FR
26755 (May 7, 2012), and comments were invited on both the Notice of
Proposed Rulemaking (NPRM) and the System of Records Notice (SORN).
[[Page 41886]]
Public Comments
Ex-Im Bank did not receive any comments on the SORN or the NPRM.
Ex-Im Bank will implement the rulemaking as proposed.
List of Subjects in 12 CFR Part 404
Information disclosure.
For the reasons stated in the preamble, Ex-Im Bank amends chapter
IV of Title 12, Code of Federal Regulations, as follows:
PART 404--INFORMATION DISCLOSURE
0
1. The authority citation for part 404 continues to read as follows:
Authority: 5 U.S.C. 552 and 552a. Section 404.7 also issued
under E.O. 12600, 52 FR 23781, 3 CFR, 1987 Comp., p. 235. Section
404.21 also issued under 5 U.S.C. 552a note. Subpart C also issued
under 5 U.S.C. 301, 12 U.S.C. 635.
0
2. Add Sec. 404.24 to Subpart B to read as follows:
Sec. 404.24 Exemptions: EIB-35--Office of Inspector General
Investigative Records.
(a) Criminal Law Enforcement--(1) Exemption. Under the authority
granted by 5 U.S.C. 552a(j)(2), Ex-Im Bank hereby exempts the system of
records entitled ``EIB-35--Office of Inspector General Investigative
Records'' from the provisions of 5 U.S.C. 552a(c)(3), (c)(4), (d)(1)
through (4), (e)(1) through (3), (e)(4)(G) and (H), (e)(5), (e)(8),
(f), and (g) because the system contains information pertaining to the
enforcement of criminal laws. ``EIB-35--Office of Inspector General
Investigative Records'' is maintained by the Ex-Im Bank Office of
Inspector General (``OIG'' or ``Ex-Im Bank OIG.'')
(2) Reasons for exemption. The reasons for asserting this exemption
are:
(i) Disclosure to the individual named in the record pursuant to 5
U.S.C. 552a(c)(3), (c)(4), or (d)(1) through (4) could seriously impede
or compromise the investigation by alerting the target(s), subjecting a
potential witness or witnesses to intimidation or improper influence,
and leading to destruction of evidence. Disclosure could enable
suspects to take action to prevent detection of criminal activities,
conceal evidence, or escape prosecution.
(ii) Application of 5 U.S.C. 552a(e)(1) is impractical because the
relevance of specific information might be established only after
considerable analysis and as the investigation progresses. Effective
law enforcement requires the OIG to keep information that may not be
relevant to a specific OIG investigation, but which may provide leads
for appropriate law enforcement and to establish patterns of activity
that might relate to the jurisdiction of the OIG and/or other agencies.
(iii) Application of 5 U.S.C. 552a(e)(2) would be counterproductive
to the performance of a criminal investigation because it would alert
the individual to the existence of an investigation. In any
investigation, it is necessary to obtain evidence from a variety of
sources other than the subject of the investigation in order to verify
the evidence necessary for successful litigation or prosecution.
(iv) Application of 5 U.S.C. 552a(e)(3) could discourage the free
flow of information in a criminal law enforcement inquiry.
(v) The requirements of 5 U.S.C. 552a(e)(4)(G) and (H) and (f)
would be counterproductive to the performance of a criminal
investigation. To notify an individual at the individual's request of
the existence of records in an investigative file pertaining to such
individual, or to grant access to an investigative file could interfere
with investigative and enforcement proceedings, deprive co-defendants
of a right to a fair trial or other impartial adjudication, constitute
an unwarranted invasion of personal privacy of others, disclose the
identity or confidential sources, reveal confidential information
supplied by these sources and disclose investigative techniques and
procedures. Nevertheless, Ex-Im Bank OIG has published notice of its
notification, access, and contest procedures because access may be
appropriate in some cases.
(vi) Although the OIG endeavors to maintain accurate records,
application of 5 U.S.C. 552a(e)(5) is impractical because maintaining
only those records that are accurate, relevant, timely, and complete
and that assure fairness in determination is contrary to established
investigative techniques. Information that may initially appear
inaccurate, irrelevant, untimely, or incomplete may, when collated and
analyzed with other available information, become more pertinent as an
investigation progresses.
(vii) Application of 5 U.S.C. 552a(e)(8) could prematurely reveal
an ongoing criminal investigation to the subject of the investigation.
(viii) The provisions of subsection (g) do not apply to this system
if an exemption otherwise applies.
(b) Other Law Enforcement--(1) Exemption. Under the authority
granted by 5 U.S.C. 552a(k)(2), Ex-Im Bank hereby exempts the system of
records entitled ``EIB-35--Office of Inspector General Investigative
Records'' from the provisions of 5 U.S.C. 552a(c)(3), (d)(1) through
(4), (e)(1), (e)(4)(G) and (H), and (f) for the same reasons as stated
in paragraph (a)(2) of this section, that is, because the system
contains investigatory material compiled for law enforcement purposes
other than material within the scope of subsection 552a(j)(2).
(2) Reasons for exemption. The reasons for asserting this exemption
are because the disclosure and other requirements of the Privacy Act
could substantially compromise the efficacy and integrity of OIG
operations. Disclosure could invade the privacy of other individuals
and disclose their identity when they were expressly promised
confidentiality. Disclosure could interfere with the integrity of
information which would otherwise be subject to privileges (see, e.g.,
5 U.S.C. 552(b)(5)), and which could interfere with other important law
enforcement concerns (see, e.g., 5 U.S.C. 552(b)(7)).
(c) Federal Civilian or Contract Employment--(1) Exemption. Under
the authority granted by 5 U.S.C. 552a(k)(5), Ex-Im Bank hereby exempts
the system of records entitled ``EIB-35--Office of Inspector General
Investigative Records'' from the provisions of 5 U.S.C. 552a(c)(3),
(d)(1) through (4), (e)(1), (e)(4)(G) and (H), and (f) because the
system contains investigatory material compiled for the purpose of
determining eligibility or qualifications for federal civilian or
contract employment.
(2) Reasons for exemption. The reasons for asserting this exemption
are the same as described in paragraph (a)(2) of this section.
Sharon A. Whitt,
Agency Clearance Officer.
[FR Doc. 2012-17382 Filed 7-16-12; 8:45 am]
BILLING CODE 6690-01-P
