Public Information, Freedom of Information Act and Privacy Act Regulations, 26499-26500 [2015-10451]
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Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Proposed Rules
Issued in Seattle, Washington, on April 27,
2015.
Christopher Ramirez,
Acting Manager, Operations Support Group,
Western Service Center, AJV–W2.
[FR Doc. 2015–10499 Filed 5–7–15; 8:45 am]
BILLING CODE 4910–13–P
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF COMMERCE
Office of the Secretary
15 CFR Part 4
[Docket No. 150324296–5296–01]
RIN 0605–AA38
Public Information, Freedom of
Information Act and Privacy Act
Regulations
Department of Commerce.
Notice of proposed rulemaking.
AGENCY:
ACTION:
This rule proposes revisions
to the Department of Commerce’s
(Department) regulations under the
Privacy Act. The Privacy Act regulations
are being updated to make technical
changes to the applicable exemptions.
DATES: To be considered, written
comments must be submitted on or
before June 8, 2015.
Unless comments are received, the
amended system of records will become
effective as proposed on the date of
publication of a subsequent notice in
the Federal Register.
ADDRESSES: You may submit comments,
identified by Regulatory Information
Number (RIN) 0605–AA38, by any of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: (202) 482–0827. Include the
RIN 0605–AA38 in the subject line.
• Mail: Ms. Brenda Dolan,
Departmental Freedom of Information &
Privacy Act Officer, Office of Privacy
and Open Government, U.S. Department
of Commerce, 1401 Constitution Avenue
NW., Suite A300, Room A326,
Washington, DC 20230.
Instructions: All submissions received
must include the agency name and
docket number or RIN for this
rulemaking. All comments received will
be posted without change to
regulations.gov, including any personal
information provided. For detailed
instructions on submitting comments
and additional information on the
rulemaking process, see the ‘‘Public
Participation’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
16:19 May 07, 2015
Ms.
Brenda Dolan, Departmental Freedom of
Information & Privacy Act Officer,
Office of Privacy and Open Government,
U.S. Department of Commerce, 202–
482–3258.
FOR FURTHER INFORMATION CONTACT:
Jkt 235001
Public Participation: Comments sent
by any other method, to any other
address or individual, or received after
the end of the comment period, may not
be considered by the Department. If you
want to submit personal identifying
information (such as your name,
address, etc.) as part of your comment,
but do not want it to be posted online,
you must include the phrase
‘‘PERSONAL IDENTIFYING
INFORMATION’’ in the first paragraph
of your comment. You must also locate
all the personal identifying information
you do not want posted online in the
first paragraph of your comment and
identify what information you want
redacted. If you want to submit
confidential business information as
part of your comment but do not want
it to be posted online, you must include
the phrase ‘‘CONFIDENTIAL BUSINESS
INFORMATION’’ in the first paragraph
of your comment. You must also
prominently identify confidential
business information to be redacted
within the comment. If a comment has
so much confidential business
information that it cannot be effectively
redacted, all or part of the comment may
not be posted on https://
www.regulations.gov.
Personal identifying information and
confidential business information
identified and located as set forth above
will be placed in the agency’s public
docket file, but not posted online. If you
wish to inspect the agency’s public
docket file in person by appointment,
please see the FOR FURTHER INFORMATION
CONTACT paragraph.
This rule proposes revisions to the
Department’s regulations under the
Privacy Act. In particular, the action
will amend the Department’s Privacy
Act regulations regarding applicable
exemptions to reflect new Department
wide systems of records notices
published since the last time the
regulations were updated. The revisions
of the Privacy Act regulations in subpart
B of part 4 incorporate changes to the
language of the regulations in the
following provisions: § 4.33 (General
exemptions); and § 4.34 (Specific
exemptions).
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26499
Dated: April 28, 2015.
Catrina D. Purvis,
Chief Privacy Officer and Director for Open
Government.
For the reasons stated in the
preamble, the Department of Commerce
proposes to amend 15 CFR part 4 as
follows:
PART 4—[AMENDED]
1. The authority citation for part 4
continues to read as follows:
■
Authority: 5 U.S.C. 301; 5 U.S.C. 552; 5
U.S.C. 553; 31 U.S.C. 3717; 41 U.S.C. 3101;
Reorganization Plan No. 5 of 1950.
2. Amend § 4.33 by adding paragraph
(b)(4) to read as follows;
■
§ 4.33
General exemptions.
*
*
*
*
*
(4) Access Control and Identity
Management System—COMMERCE/
DEPT–25. Pursuant to 5 U.S.C.
552a(j)(2), these records are hereby
determined to be exempt from all
provisions of the Act, except 5 U.S.C.
552a(b), (c)(1) and (2), (e)(4)(A) through
(F), (e)(6), (7), (9), (10), and (11), and (i).
These exemptions are necessary to
ensure the proper functioning of the law
enforcement activity, to protect
confidential sources of information, to
fulfill promises of confidentiality, to
maintain the integrity of the law
enforcement process, to avoid
premature disclosure of the knowledge
of criminal activity and the evidentiary
bases of possible enforcement actions, to
prevent interference with law
enforcement proceedings, to avoid
disclosure of investigative techniques,
and to avoid endangering law
enforcement personnel.
■ 3. Amend § 4.34 by revising
paragraphs (a)(1), paragraph (b)
introductory text, paragraphs (b)(1).
(b)(2)(i), (b)(2)(i)(C), (b)(2)(i)(F) and
(b)(4)(i).
§ 4.34
Specific exemptions.
(a)(1) Certain systems of records
under the Act that are maintained by the
Department may occasionally contain
material subject to 5 U.S.C. 552a(k)(1),
relating to national defense and foreign
policy materials. The systems of records
published in the Federal Register by the
Department that are within this
exemption are: COMMERCE/BIS–1,
COMMERCE/ITA–2, COMMERCE/ITA–
3, COMMERCE/NOAA–5, COMMERCE–
PAT–TM–4, COMMERCE/DEPT–12,
COMMERCE/DEPT–13, COMMERCE/
DEPT–14, and COMMERCE/DEPT–25.
*
*
*
*
*
(b) The specific exemptions
determined to be necessary and proper
E:\FR\FM\08MYP1.SGM
08MYP1
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
26500
Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Proposed Rules
with respect to systems of records
maintained by the Department,
including the parts of each system to be
exempted, the provisions of the Act
from which they are exempted, and the
justification for the exemption, are as
follows:
(1) Exempt under 5 U.S.C. 552a(k)(1).
The systems of records exempt
hereunder appear in paragraph (a) of
this section. The claims for exemption
of COMMERCE/DEPT–12, COMMERCE/
ITA–1, COMMERCE/NOAA–5, and
COMMERCE/DEPT–25 under this
paragraph are subject to the condition
that the general exemption claimed in
§ 4.33(b) is held to be invalid.
*
*
*
*
*
(2)(i) Exempt under 5 U.S.C.
552a(k)(2). The systems of records
exempt (some only conditionally), the
sections of the Act from which
exempted, and the reasons therefor are
as follows:
*
*
*
*
*
(C) Fisheries Law Enforcement Case
Files—COMMERCE/NOAA–5, but only
on condition that the general exemption
claimed in § 4.33(b)(2) is held to be
invalid;
*
*
*
*
*
(F) Access Control and Identity
Management System—COMMERCE/
DEPT–25, but only on condition that the
general exemption claimed in
§ 4.33(b)(4) is held to be invalid;
*
*
*
*
*
(4)(i) Exempt under 5 U.S.C.
552a(k)(5). The systems of records
exempt (some only conditionally), the
sections of the Act from which
exempted, and the reasons therefor are
as follows:
(A) Applications to U.S. Merchant
Marine Academy (USMMA)—
COMMERCE/MA–1;
(B) USMMA Midshipman Medical
Files—COMMERCE/MA–17;
(C) USMMA Midshipman Personnel
Files—COMMERCE/MA–18;
(D) USMMA Non-Appropriated Fund
Employees—COMMERCE/MA–19;
(E) Applicants for the NOAA Corps—
COMMERCE/NOAA–1;
(F) Commissioned Officer Official
Personnel Folders—COMMERCE/
NOAA–3;
(G) Conflict of Interest Records,
Appointed Officials—COMMERCE/
DEPT–3:
(H) Investigative and Inspection
Records—COMMERCE/DEPT–12, but
only on condition that the general
exemption claimed in § 4.33(b)(3) is
held to be invalid;
(I) Investigative Records— Persons
within the Investigative Jurisdiction of
the Department COMMERCE/DEPT–13;
VerDate Sep<11>2014
16:19 May 07, 2015
Jkt 235001
(J) Litigation, Claims, and
Administrative Proceeding Records—
COMMERCE/DEPT–14; and
(K) Access Control and Identity
Management System—COMMERCE/
DEPT–25, but only on condition that the
general exemption claimed in
§ 4.33(b)(4) is held to be invalid.
*
*
*
*
*
[FR Doc. 2015–10451 Filed 5–7–15; 8:45 am]
BILLING CODE 3510–BX–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[REG–102656–15; REG–107548–11]
RIN 1545–BM61; 1545–BK10
Notional Principal Contracts; Swaps
With Nonperiodic Payments
Internal Revenue Service (IRS),
Treasury.
ACTION: Withdrawal of notice of
proposed rulemaking; notice of
proposed rulemaking by cross-reference
to temporary regulations.
AGENCY:
In the Rules and Regulations
section of this issue of the Federal
Register, the IRS is issuing final and
temporary regulations that amend the
treatment of nonperiodic payments
made or received pursuant to certain
notional principal contracts. These
regulations provide that, subject to
certain exceptions, a notional principal
contract with a nonperiodic payment,
regardless of whether it is significant,
must be treated as two separate
transactions consisting of one or more
loans and an on-market, level payment
swap. The regulations provide an
exception from the definition of United
States property. These regulations affect
parties making and receiving payments
under notional principal contracts,
including United States shareholders of
controlled foreign corporations and taxexempt organizations. The text of the
temporary regulations also serves as the
text of these proposed regulations. This
document withdraws the notice of
proposed rulemaking (REG–107548–11;
RIN 1545–BK10) published in the
Federal Register on May 11, 2012 (77
FR 27669).
DATES: Comments and requests for a
public hearing must be received by
August 6, 2015.
ADDRESSES: Send submissions to
CC:PA:LPD:PR (REG–102656–15), Room
5203, Internal Revenue Service, P.O.
Box 7604, Ben Franklin Station,
Washington, DC 20044. Submissions
SUMMARY:
PO 00000
Frm 00032
Fmt 4702
Sfmt 4702
may be hand-delivered Monday through
Friday between the hours of 8 a.m. and
4 p.m. to CC:PA:LPD:PR (REG–102656–
15), Courier’s Desk, Internal Revenue
Service, 1111 Constitution Avenue NW.,
Washington, DC 20224, or sent
electronically via the Federal
eRulemaking Portal at
www.regulations.gov (IRS REG–102656–
15).
FOR FURTHER INFORMATION CONTACT:
Concerning the proposed regulations
under section 446, Alexa T. Dubert or
Anna H. Kim at (202) 317–6895;
concerning the proposed regulations
under section 956, Kristine A. Crabtree
at (202) 317–6934; concerning
submissions of comments or to request
a public hearing, Oluwafunmilayo
Taylor, (202) 317–6901 (not toll-free
numbers).
SUPPLEMENTARY INFORMATION:
Background and Explanation of
Provisions
On May 11, 2012, the Treasury
Department and the IRS published
temporary regulations under section 956
(TD 9589) in the Federal Register (77 FR
27612). On the same date, a notice of
proposed rulemaking (REG–107548–11)
by cross-reference to the temporary
regulations was published in the
Federal Register (77 FR 27669). This
document withdraws those proposed
regulations (REG–107548–11; RIN 1545–
BK10) and provides new proposed
regulations (REG–102656–15).
Final and temporary regulations in
the Rules and Regulations section of this
issue of the Federal Register amend the
Income Tax Regulations (26 CFR part 1).
The final and temporary regulations
amend the regulations under section
446 of the Internal Revenue Code (Code)
relating to the treatment of nonperiodic
payments made or received pursuant to
certain notional principal contracts for
U.S. federal income tax purposes. The
final and temporary regulations also
amend the regulations under section
956 of the Code regarding an exception
from the definition of United States
property. The text of the final and
temporary regulations also serves as the
text of these proposed regulations. The
preamble to the final and temporary
regulations explains those regulations
and these proposed regulations.
Special Analyses
It has been determined that this notice
of proposed rulemaking is not a
significant regulatory action as defined
in Executive Order 12866, as
supplemented by Executive Order
13653. Therefore, a regulatory
assessment is not required. It also has
E:\FR\FM\08MYP1.SGM
08MYP1
]]>Agencies
[Federal Register Volume 80, Number 89 (Friday, May 8, 2015)]
[Proposed Rules]
[Pages 26499-26500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10451]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Office of the Secretary
15 CFR Part 4
[Docket No. 150324296-5296-01]
RIN 0605-AA38
Public Information, Freedom of Information Act and Privacy Act
Regulations
AGENCY: Department of Commerce.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: This rule proposes revisions to the Department of Commerce's
(Department) regulations under the Privacy Act. The Privacy Act
regulations are being updated to make technical changes to the
applicable exemptions.
DATES: To be considered, written comments must be submitted on or
before June 8, 2015.
Unless comments are received, the amended system of records will
become effective as proposed on the date of publication of a subsequent
notice in the Federal Register.
ADDRESSES: You may submit comments, identified by Regulatory
Information Number (RIN) 0605-AA38, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: (202) 482-0827. Include the RIN 0605-AA38 in the
subject line.
Mail: Ms. Brenda Dolan, Departmental Freedom of
Information & Privacy Act Officer, Office of Privacy and Open
Government, U.S. Department of Commerce, 1401 Constitution Avenue NW.,
Suite A300, Room A326, Washington, DC 20230.
Instructions: All submissions received must include the agency name
and docket number or RIN for this rulemaking. All comments received
will be posted without change to regulations.gov, including any
personal information provided. For detailed instructions on submitting
comments and additional information on the rulemaking process, see the
``Public Participation'' heading of the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT: Ms. Brenda Dolan, Departmental Freedom
of Information & Privacy Act Officer, Office of Privacy and Open
Government, U.S. Department of Commerce, 202-482-3258.
SUPPLEMENTARY INFORMATION:
Public Participation: Comments sent by any other method, to any
other address or individual, or received after the end of the comment
period, may not be considered by the Department. If you want to submit
personal identifying information (such as your name, address, etc.) as
part of your comment, but do not want it to be posted online, you must
include the phrase ``PERSONAL IDENTIFYING INFORMATION'' in the first
paragraph of your comment. You must also locate all the personal
identifying information you do not want posted online in the first
paragraph of your comment and identify what information you want
redacted. If you want to submit confidential business information as
part of your comment but do not want it to be posted online, you must
include the phrase ``CONFIDENTIAL BUSINESS INFORMATION'' in the first
paragraph of your comment. You must also prominently identify
confidential business information to be redacted within the comment. If
a comment has so much confidential business information that it cannot
be effectively redacted, all or part of the comment may not be posted
on https://www.regulations.gov.
Personal identifying information and confidential business
information identified and located as set forth above will be placed in
the agency's public docket file, but not posted online. If you wish to
inspect the agency's public docket file in person by appointment,
please see the FOR FURTHER INFORMATION CONTACT paragraph.
This rule proposes revisions to the Department's regulations under
the Privacy Act. In particular, the action will amend the Department's
Privacy Act regulations regarding applicable exemptions to reflect new
Department wide systems of records notices published since the last
time the regulations were updated. The revisions of the Privacy Act
regulations in subpart B of part 4 incorporate changes to the language
of the regulations in the following provisions: Sec. 4.33 (General
exemptions); and Sec. 4.34 (Specific exemptions).
Dated: April 28, 2015.
Catrina D. Purvis,
Chief Privacy Officer and Director for Open Government.
For the reasons stated in the preamble, the Department of Commerce
proposes to amend 15 CFR part 4 as follows:
PART 4--[AMENDED]
0
1. The authority citation for part 4 continues to read as follows:
Authority: 5 U.S.C. 301; 5 U.S.C. 552; 5 U.S.C. 553; 31 U.S.C.
3717; 41 U.S.C. 3101; Reorganization Plan No. 5 of 1950.
0
2. Amend Sec. 4.33 by adding paragraph (b)(4) to read as follows;
Sec. 4.33 General exemptions.
* * * * *
(4) Access Control and Identity Management System--COMMERCE/DEPT-
25. Pursuant to 5 U.S.C. 552a(j)(2), these records are hereby
determined to be exempt from all provisions of the Act, except 5 U.S.C.
552a(b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), (9), (10),
and (11), and (i). These exemptions are necessary to ensure the proper
functioning of the law enforcement activity, to protect confidential
sources of information, to fulfill promises of confidentiality, to
maintain the integrity of the law enforcement process, to avoid
premature disclosure of the knowledge of criminal activity and the
evidentiary bases of possible enforcement actions, to prevent
interference with law enforcement proceedings, to avoid disclosure of
investigative techniques, and to avoid endangering law enforcement
personnel.
0
3. Amend Sec. 4.34 by revising paragraphs (a)(1), paragraph (b)
introductory text, paragraphs (b)(1). (b)(2)(i), (b)(2)(i)(C),
(b)(2)(i)(F) and (b)(4)(i).
Sec. 4.34 Specific exemptions.
(a)(1) Certain systems of records under the Act that are maintained
by the Department may occasionally contain material subject to 5 U.S.C.
552a(k)(1), relating to national defense and foreign policy materials.
The systems of records published in the Federal Register by the
Department that are within this exemption are: COMMERCE/BIS-1,
COMMERCE/ITA-2, COMMERCE/ITA-3, COMMERCE/NOAA-5, COMMERCE-PAT-TM-4,
COMMERCE/DEPT-12, COMMERCE/DEPT-13, COMMERCE/DEPT-14, and COMMERCE/
DEPT-25.
* * * * *
(b) The specific exemptions determined to be necessary and proper
[[Page 26500]]
with respect to systems of records maintained by the Department,
including the parts of each system to be exempted, the provisions of
the Act from which they are exempted, and the justification for the
exemption, are as follows:
(1) Exempt under 5 U.S.C. 552a(k)(1). The systems of records exempt
hereunder appear in paragraph (a) of this section. The claims for
exemption of COMMERCE/DEPT-12, COMMERCE/ITA-1, COMMERCE/NOAA-5, and
COMMERCE/DEPT-25 under this paragraph are subject to the condition that
the general exemption claimed in Sec. 4.33(b) is held to be invalid.
* * * * *
(2)(i) Exempt under 5 U.S.C. 552a(k)(2). The systems of records
exempt (some only conditionally), the sections of the Act from which
exempted, and the reasons therefor are as follows:
* * * * *
(C) Fisheries Law Enforcement Case Files--COMMERCE/NOAA-5, but only
on condition that the general exemption claimed in Sec. 4.33(b)(2) is
held to be invalid;
* * * * *
(F) Access Control and Identity Management System--COMMERCE/DEPT-
25, but only on condition that the general exemption claimed in Sec.
4.33(b)(4) is held to be invalid;
* * * * *
(4)(i) Exempt under 5 U.S.C. 552a(k)(5). The systems of records
exempt (some only conditionally), the sections of the Act from which
exempted, and the reasons therefor are as follows:
(A) Applications to U.S. Merchant Marine Academy (USMMA)--COMMERCE/
MA-1;
(B) USMMA Midshipman Medical Files--COMMERCE/MA-17;
(C) USMMA Midshipman Personnel Files--COMMERCE/MA-18;
(D) USMMA Non-Appropriated Fund Employees--COMMERCE/MA-19;
(E) Applicants for the NOAA Corps--COMMERCE/NOAA-1;
(F) Commissioned Officer Official Personnel Folders--COMMERCE/NOAA-
3;
(G) Conflict of Interest Records, Appointed Officials--COMMERCE/
DEPT-3:
(H) Investigative and Inspection Records--COMMERCE/DEPT-12, but
only on condition that the general exemption claimed in Sec.
4.33(b)(3) is held to be invalid;
(I) Investigative Records-- Persons within the Investigative
Jurisdiction of the Department COMMERCE/DEPT-13;
(J) Litigation, Claims, and Administrative Proceeding Records--
COMMERCE/DEPT-14; and
(K) Access Control and Identity Management System--COMMERCE/DEPT-
25, but only on condition that the general exemption claimed in Sec.
4.33(b)(4) is held to be invalid.
* * * * *
[FR Doc. 2015-10451 Filed 5-7-15; 8:45 am]
BILLING CODE 3510-BX-P
