Freedom of Information Act and Privacy Act Procedures, 37927-37928 [2014-14194]
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37927
Rules and Regulations
Federal Register
Vol. 79, No. 128
Thursday, July 3, 2014
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.
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.
SPECIAL INSPECTOR GENERAL FOR
AFGHANISTAN RECONSTRUCTION
5 CFR Part 9301
Freedom of Information Act and
Privacy Act Procedures
Special Inspector General for
Afghanistan Reconstruction.
ACTION: Interim final rule.
AGENCY:
Notice is hereby given that
the Special Inspector General for
Afghanistan Reconstruction (SIGAR)
proposes to amend its Privacy Act
regulation exempting portions of an
existing system of records from certain
provisions of the Privacy Act of 1974, as
amended. Certain portions of the
Investigations Records, SIGAR–08,
system of records contain criminal
investigation records, investigatory
material for law enforcement purposes,
confidential source information and are
proposed to be exempted under the
Privacy Act.
DATES: This interim final rule is
effective July 3, 2014. Written comments
may be submitted by August 4, 2014.
ADDRESSES: Any persons interested in
commenting on the proposed
exemptions to SIGAR’s system of
records may do so by writing to Adam
Weaver, Special Inspector General for
Afghanistan Reconstruction, 2530
Crystal Drive, Arlington, VA 22202–
3934. Comments will be made available
for inspection up written request.
SIGAR will make such comments
available for public inspection in the
Office of Privacy, Records, and
Disclosure, 9th Floor, 1550 Crystal
Drive, Arlington, VA 22202, on official
business days between the hours of 9
a.m. and 5 p.m. Eastern time. You can
make an appointment to inspect
comments by telephoning (703) 545–
6000. All comments, including
attachments and other supporting
materials, received are part of the public
ehiers on DSK2VPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
13:50 Jul 02, 2014
Jkt 232001
record and subject to public disclosure.
You should submit only information
that you wish to make available
publicly.
FOR FURTHER INFORMATION CONTACT:
Shamelle Tarver, Special Inspector
General for Afghanistan Reconstruction,
2530 Crystal Drive, Arlington, VA
22202–3934, (703) 545–6046.
SUPPLEMENTARY INFORMATION: On
January 28, 2008, the President signed
into law the National Defense
Authorization Act for Fiscal Year 2008
(Pub. L. 110–181), which created
SIGAR. The Freedom of Information Act
(FOIA), the Privacy Act of 1974, as
amended (5 U.S.C. 522a) (PA), and
certain portions of the Ethics in
Government Act and Executive Order
12958, as amended, provide for access
by the public to records of executive
branch agencies, subject to certain
restrictions and exemptions. In order to
establish procedures to facilitate public
interaction with SIGAR, 5 CFR part
9301 sets forth the SIGAR’s regulations
implementing the access provisions of
those statutes and the Executive Order.
The modification to the system,
Investigations Records, SIGAR–08, will
support the vetting of directors, officers,
or other employees of organizations who
apply for U.S. Government contracts,
grants, cooperative agreements, or other
funding. The information collected from
these organizations and individuals is
specifically used to conduct screening
to ensure that U.S. Government funds
are not used to provide support to
entities or individuals deemed to be a
risk to U.S. national security interests.
The records may contain criminal
investigation records, investigatory
material for law enforcement purposes,
and confidential source information.
SIGAR proposes to amend 5 CFR part
9301 to exempt portions of the
Investigations Records system of records
from subsections (c)(3) and (4), (d),
(e)(1), (2), and (3), (e)(4)(G), (H), and (I),
(e)(5) and (8), (f), (g), and (h) of the
Privacy Act of 1974, as amended (5
U.S.C. 552a), pursuant to 5 U.S.C. 552a
(j)(2) and from subsections (c)(3), (d),
(e)(1), (e)(4)(G), (H), and (I), and (f) of
the Privacy Act pursuant to 5 U.S.C.
552a (k)(1), (k)(2), and (k)(5).
II. The Interim Final Rule
This interim final rule establishes
exemptions to SIGAR’s existing
regulations implementing the provisions
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
of the FOIA (5 U.S.C. 552) and the PA.
The provisions of this subpart shall
apply to all components of SIGAR. The
FOIA provides for the disclosure of
agency records and information to the
public, unless that information is
exempted under delineated statutory
exemptions under the FOIA. The
Privacy Act serves to safeguard public
interest in informational privacy by
delineating the duties and
responsibilities of federal agencies that
collect, store, and disseminate personal
information about individuals. The
procedures established here are
intended to ensure that SIGAR fully
satisfies its responsibility to the public
to disclose agency information while
simultaneously safeguarding individual
privacy.
The Privacy Act serves to balance the
Government’s need to maintain
information about individuals with the
rights of individuals to be protected
against unwarranted invasions of their
privacy stemming from federal agencies’
collection, maintenance, use, and
disclosure of personal information about
them. Agencies are required to issue
regulations outlining the agency’s rules
and procedures for implementation of
the Privacy Act and its provisions
within the agency. This includes
procedures on how individuals may
request access to information about
themselves, request amendment or
correction of those records, and request
an accounting of disclosures of their
records by SIGAR.
Procedural Requirements
This Interim Final rule amends
SIGAR’s implementing the FOIA and
the Privacy Act to facilitate the
interaction of the public with SIGAR.
SIGAR’s policy of disclosure follows the
Presidential Memorandum of January
21, 2009, ‘‘Transparency and
Openness,’’ 74 FR 4685, and the
Attorney General’s March 19, 2009
FOIA policy guidance, advising Federal
agencies to apply a presumption of
disclosure in FOIA decision making.
This Interim Final Rule parallels the
procedures currently used by other
agencies to implement the FOIA and the
Privacy Act. SIGAR has determined that
good cause exists to publish this
amendment to its FOIA and Privacy Act
regulations as an interim final rule. This
amendment clarifies exemptions
regarding the public’s access to
E:\FR\FM\03JYR1.SGM
03JYR1
37928
Federal Register / Vol. 79, No. 128 / Thursday, July 3, 2014 / Rules and Regulations
information about SIGAR and about
themselves maintained by SIGAR. The
absence of well-defined exemptions to
the Privacy Act regulations could impair
the confidentiality and privacy rights of
those who submit sensitive information
to SIGAR as well as the ability of SIGAR
to use that information to carry out its
statutory mission. SIGAR has
determined that this interim rule should
be issued without a delayed effective
date pursuant to 5 U.S.C. 553(d)(3).
Finally, notice of proposed
rulemaking is not required, because the
provisions of the Regulatory Flexibility
Act (5 U.S.C. Chapter 6) do not apply.
It has been determined that this
rulemaking is not a significant
regulatory action for the purposes of
Executive Order 12866. Accordingly, a
regulatory impact analysis is not
required.
Dated: June 6, 2014.
John F. Sopko,
Inspector General.
List of Subjects in 5 CFR Part 9301
Administrative practice and
procedure, Freedom of information,
Privacy.
Authority and Issuance
For the reasons set forth above, SIGAR
amends 5 CFR part 9301 as follows:
PART 9301—[AMENDED]
1. The authority citation for part 9301
continues to read as follows:
■
Authority: 5 U.S.C. 552; Pub. L. 110–175,
121 Stat. 2524 (2007); 5 U.S.C. 301 and 552;
Exec. Order 12600, 52 FR 23781, 3 CFR, 1987
Comp., p. 235; Exec. Order No. 13392, 70 FR
75373–75377, 3 CFR, 2006 Comp., pp. 216–
200.
2. Section 9301.20 is added to read as
follows:
■
ehiers on DSK2VPTVN1PROD with RULES
§ 9301.20
Exemptions.
Systems of records maintained by
SIGAR are authorized to be exempted
from certain provisions of the Privacy
Act under the general and specific
exemptions set forth in the Act. In
utilizing these exemptions, SIGAR is
exempting only those portions of
systems that are necessary for the proper
functioning of SIGAR and that are
consistent with the Privacy Act. Where
compliance would not appear to
interfere with or adversely affect the law
enforcement process, and/or where it
may be appropriate to permit
individuals to contest the accuracy of
the information collected, e.g., public
source materials, the applicable
exemption may be waived, either
partially or totally, by SIGAR, in the
sole discretion of SIGAR, as appropriate.
VerDate Mar<15>2010
13:50 Jul 02, 2014
Jkt 232001
(a) General exemptions. (1)
Individuals may not have access to
records maintained by SIGAR that were
provided by another agency that has
determined by regulation that such
information is subject to general
exemption under 5 U.S.C. 552a(j)(1). If
such exempt records are the subject of
an access request, SIGAR will advise the
requester of their existence and of the
name and address of the source agency,
unless that information is itself exempt
from disclosure.
(2) The systems of records maintained
by the Investigations Directorate
(SIGAR–08), are subject to general
exemption under 5 U.S.C. 552a(j)(2). All
records contained in record system
SIGAR–08, Investigations Records, are
exempt from all provisions of the
Privacy Act except sections (b), (c)(1)
and (2), (e)(4)(A) through (F), (e)(6), (7),
(9), (10), and (11), and (i) to the extent
to which they meet the criteria of
section (j)(2). These exemptions are
necessary to ensure the effectiveness of
the investigative, judicial, and
protective processes. These exemptions
are necessary to ensure the proper
functions of the law enforcement
activity, to protect confidential sources
of information, to fulfill promises of
confidentiality, to prevent interference
with the enforcement of criminal laws,
to avoid the disclosure of investigative
techniques, to avoid the endangering of
the life and safety of any individual, to
avoid premature disclosure of the
knowledge of potential criminal activity
and the evidentiary bases of possible
enforcement actions, and to maintain
the integrity of the law enforcement
process.
(3) The systems of records maintained
by the Investigations Directorate
(SIGAR–08) are exempted from 5 U.S.C.
552a (c)(3), (d), (e)(1), (e)(4)(G), (H), and
(I), and (f) pursuant to the provisions of
5 U.S.C. 552a(k)(1), (2), and (5). These
exemptions are necessary to protect
material required to be kept secret in the
interest of national defense and foreign
policy; to prevent individuals that are
the subject of investigation from
frustrating the investigatory process; to
ensure the proper functioning and
integrity of law enforcement activities;
to prevent disclosure of investigative
techniques; to maintain the confidence
of foreign governments in the integrity
of the procedures under which
privileged or confidential information
may be provided; to fulfill commitments
made to sources to protect their
identities and the confidentiality of
information and to avoid endangering
these sources and law enforcement
personnel; and to ensure the proper
functioning of the investigatory process,
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
to ensure effective determination of
suitability, eligibility, and qualification
for employment and to protect the
confidentiality of sources of
information.
(b) [Reserved]
[FR Doc. 2014–14194 Filed 7–2–14; 8:45 am]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 906
[Doc. No. AMS–FV–14–0015; FV14–906–2
FIR]
Oranges and Grapefruit Grown in
Lower Rio Grande Valley in Texas;
Change in Size and Grade
Requirements for Grapefruit
Agricultural Marketing Service,
USDA.
ACTION: Affirmation of interim rule as
final rule.
AGENCY:
The Department of
Agriculture (USDA) is adopting, as a
final rule, without change, an interim
rule that relaxed the minimum size and
grade requirements prescribed for
grapefruit under the marketing order for
oranges and grapefruit grown the Lower
Rio Grande Valley in Texas (order). The
interim rule relaxed the minimum size
requirement for grapefruit from 3–5/16
inches to 3 inches in diameter and
reduced the minimum grade
requirement for small-sized grapefruit.
This rule provides additional grapefruit
to meet market demand, helping to
maximize fresh shipments.
DATES: Effective July 7, 2014.
FOR FURTHER INFORMATION CONTACT:
Doris Jamieson, Marketing Specialist, or
Christian D. Nissen, Regional Director,
Southeast Marketing Field Office,
Marketing Order and Agreement
Division, Fruit and Vegetable Program,
AMS, USDA; Telephone: (863) 324–
3375, Fax: (863) 325–8793, or Email:
Doris.Jamieson@ams.usda.gov or
Christian.Nissen@ams.usda.gov.
Small businesses may obtain
information on complying with this and
other marketing order and agreement
regulations by viewing a guide at the
following Web site: https://
www.ams.usda.gov/
MarketingOrdersSmallBusinessGuide;
or by contacting Jeffrey Smutny,
Marketing Order and Agreement
Division, Fruit and Vegetable Program,
AMS, USDA, 1400 Independence
Avenue SW., STOP 0237, Washington,
DC 20250–0237; Telephone: (202) 720–
SUMMARY:
E:\FR\FM\03JYR1.SGM
03JYR1
Agencies
- SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION
[Federal Register Volume 79, Number 128 (Thursday, July 3, 2014)]
[Rules and Regulations]
[Pages 37927-37928]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14194]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
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.
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.
========================================================================
Federal Register / Vol. 79, No. 128 / Thursday, July 3, 2014 / Rules
and Regulations
[[Page 37927]]
SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION
5 CFR Part 9301
Freedom of Information Act and Privacy Act Procedures
AGENCY: Special Inspector General for Afghanistan Reconstruction.
ACTION: Interim final rule.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the Special Inspector General for
Afghanistan Reconstruction (SIGAR) proposes to amend its Privacy Act
regulation exempting portions of an existing system of records from
certain provisions of the Privacy Act of 1974, as amended. Certain
portions of the Investigations Records, SIGAR-08, system of records
contain criminal investigation records, investigatory material for law
enforcement purposes, confidential source information and are proposed
to be exempted under the Privacy Act.
DATES: This interim final rule is effective July 3, 2014. Written
comments may be submitted by August 4, 2014.
ADDRESSES: Any persons interested in commenting on the proposed
exemptions to SIGAR's system of records may do so by writing to Adam
Weaver, Special Inspector General for Afghanistan Reconstruction, 2530
Crystal Drive, Arlington, VA 22202-3934. Comments will be made
available for inspection up written request. SIGAR will make such
comments available for public inspection in the Office of Privacy,
Records, and Disclosure, 9th Floor, 1550 Crystal Drive, Arlington, VA
22202, on official business days between the hours of 9 a.m. and 5 p.m.
Eastern time. You can make an appointment to inspect comments by
telephoning (703) 545-6000. 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: Shamelle Tarver, Special Inspector
General for Afghanistan Reconstruction, 2530 Crystal Drive, Arlington,
VA 22202-3934, (703) 545-6046.
SUPPLEMENTARY INFORMATION: On January 28, 2008, the President signed
into law the National Defense Authorization Act for Fiscal Year 2008
(Pub. L. 110-181), which created SIGAR. The Freedom of Information Act
(FOIA), the Privacy Act of 1974, as amended (5 U.S.C. 522a) (PA), and
certain portions of the Ethics in Government Act and Executive Order
12958, as amended, provide for access by the public to records of
executive branch agencies, subject to certain restrictions and
exemptions. In order to establish procedures to facilitate public
interaction with SIGAR, 5 CFR part 9301 sets forth the SIGAR's
regulations implementing the access provisions of those statutes and
the Executive Order. The modification to the system, Investigations
Records, SIGAR-08, will support the vetting of directors, officers, or
other employees of organizations who apply for U.S. Government
contracts, grants, cooperative agreements, or other funding. The
information collected from these organizations and individuals is
specifically used to conduct screening to ensure that U.S. Government
funds are not used to provide support to entities or individuals deemed
to be a risk to U.S. national security interests. The records may
contain criminal investigation records, investigatory material for law
enforcement purposes, and confidential source information. SIGAR
proposes to amend 5 CFR part 9301 to exempt portions of the
Investigations Records system of records from subsections (c)(3) and
(4), (d), (e)(1), (2), and (3), (e)(4)(G), (H), and (I), (e)(5) and
(8), (f), (g), and (h) of the Privacy Act of 1974, as amended (5 U.S.C.
552a), pursuant to 5 U.S.C. 552a (j)(2) and from subsections (c)(3),
(d), (e)(1), (e)(4)(G), (H), and (I), and (f) of the Privacy Act
pursuant to 5 U.S.C. 552a (k)(1), (k)(2), and (k)(5).
II. The Interim Final Rule
This interim final rule establishes exemptions to SIGAR's existing
regulations implementing the provisions of the FOIA (5 U.S.C. 552) and
the PA. The provisions of this subpart shall apply to all components of
SIGAR. The FOIA provides for the disclosure of agency records and
information to the public, unless that information is exempted under
delineated statutory exemptions under the FOIA. The Privacy Act serves
to safeguard public interest in informational privacy by delineating
the duties and responsibilities of federal agencies that collect,
store, and disseminate personal information about individuals. The
procedures established here are intended to ensure that SIGAR fully
satisfies its responsibility to the public to disclose agency
information while simultaneously safeguarding individual privacy.
The Privacy Act serves to balance the Government's need to maintain
information about individuals with the rights of individuals to be
protected against unwarranted invasions of their privacy stemming from
federal agencies' collection, maintenance, use, and disclosure of
personal information about them. Agencies are required to issue
regulations outlining the agency's rules and procedures for
implementation of the Privacy Act and its provisions within the agency.
This includes procedures on how individuals may request access to
information about themselves, request amendment or correction of those
records, and request an accounting of disclosures of their records by
SIGAR.
Procedural Requirements
This Interim Final rule amends SIGAR's implementing the FOIA and
the Privacy Act to facilitate the interaction of the public with SIGAR.
SIGAR's policy of disclosure follows the Presidential Memorandum of
January 21, 2009, ``Transparency and Openness,'' 74 FR 4685, and the
Attorney General's March 19, 2009 FOIA policy guidance, advising
Federal agencies to apply a presumption of disclosure in FOIA decision
making. This Interim Final Rule parallels the procedures currently used
by other agencies to implement the FOIA and the Privacy Act. SIGAR has
determined that good cause exists to publish this amendment to its FOIA
and Privacy Act regulations as an interim final rule. This amendment
clarifies exemptions regarding the public's access to
[[Page 37928]]
information about SIGAR and about themselves maintained by SIGAR. The
absence of well-defined exemptions to the Privacy Act regulations could
impair the confidentiality and privacy rights of those who submit
sensitive information to SIGAR as well as the ability of SIGAR to use
that information to carry out its statutory mission. SIGAR has
determined that this interim rule should be issued without a delayed
effective date pursuant to 5 U.S.C. 553(d)(3).
Finally, notice of proposed rulemaking is not required, because the
provisions of the Regulatory Flexibility Act (5 U.S.C. Chapter 6) do
not apply. It has been determined that this rulemaking is not a
significant regulatory action for the purposes of Executive Order
12866. Accordingly, a regulatory impact analysis is not required.
Dated: June 6, 2014.
John F. Sopko,
Inspector General.
List of Subjects in 5 CFR Part 9301
Administrative practice and procedure, Freedom of information,
Privacy.
Authority and Issuance
For the reasons set forth above, SIGAR amends 5 CFR part 9301 as
follows:
PART 9301--[AMENDED]
0
1. The authority citation for part 9301 continues to read as follows:
Authority: 5 U.S.C. 552; Pub. L. 110-175, 121 Stat. 2524
(2007); 5 U.S.C. 301 and 552; Exec. Order 12600, 52 FR 23781, 3 CFR,
1987 Comp., p. 235; Exec. Order No. 13392, 70 FR 75373-75377, 3 CFR,
2006 Comp., pp. 216-200.
0
2. Section 9301.20 is added to read as follows:
Sec. 9301.20 Exemptions.
Systems of records maintained by SIGAR are authorized to be
exempted from certain provisions of the Privacy Act under the general
and specific exemptions set forth in the Act. In utilizing these
exemptions, SIGAR is exempting only those portions of systems that are
necessary for the proper functioning of SIGAR and that are consistent
with the Privacy Act. Where compliance would not appear to interfere
with or adversely affect the law enforcement process, and/or where it
may be appropriate to permit individuals to contest the accuracy of the
information collected, e.g., public source materials, the applicable
exemption may be waived, either partially or totally, by SIGAR, in the
sole discretion of SIGAR, as appropriate.
(a) General exemptions. (1) Individuals may not have access to
records maintained by SIGAR that were provided by another agency that
has determined by regulation that such information is subject to
general exemption under 5 U.S.C. 552a(j)(1). If such exempt records are
the subject of an access request, SIGAR will advise the requester of
their existence and of the name and address of the source agency,
unless that information is itself exempt from disclosure.
(2) The systems of records maintained by the Investigations
Directorate (SIGAR-08), are subject to general exemption under 5 U.S.C.
552a(j)(2). All records contained in record system SIGAR-08,
Investigations Records, are exempt from all provisions of the Privacy
Act except sections (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6),
(7), (9), (10), and (11), and (i) to the extent to which they meet the
criteria of section (j)(2). These exemptions are necessary to ensure
the effectiveness of the investigative, judicial, and protective
processes. These exemptions are necessary to ensure the proper
functions of the law enforcement activity, to protect confidential
sources of information, to fulfill promises of confidentiality, to
prevent interference with the enforcement of criminal laws, to avoid
the disclosure of investigative techniques, to avoid the endangering of
the life and safety of any individual, to avoid premature disclosure of
the knowledge of potential criminal activity and the evidentiary bases
of possible enforcement actions, and to maintain the integrity of the
law enforcement process.
(3) The systems of records maintained by the Investigations
Directorate (SIGAR-08) are exempted from 5 U.S.C. 552a (c)(3), (d),
(e)(1), (e)(4)(G), (H), and (I), and (f) pursuant to the provisions of
5 U.S.C. 552a(k)(1), (2), and (5). These exemptions are necessary to
protect material required to be kept secret in the interest of national
defense and foreign policy; to prevent individuals that are the subject
of investigation from frustrating the investigatory process; to ensure
the proper functioning and integrity of law enforcement activities; to
prevent disclosure of investigative techniques; to maintain the
confidence of foreign governments in the integrity of the procedures
under which privileged or confidential information may be provided; to
fulfill commitments made to sources to protect their identities and the
confidentiality of information and to avoid endangering these sources
and law enforcement personnel; and to ensure the proper functioning of
the investigatory process, to ensure effective determination of
suitability, eligibility, and qualification for employment and to
protect the confidentiality of sources of information.
(b) [Reserved]
[FR Doc. 2014-14194 Filed 7-2-14; 8:45 am]
BILLING CODE P