Privacy Act of 1974; Implementation, 26671-26672 [2021-10313]

Download as PDF Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations this section after the covered individual is released from custody or incarceration. Note 2 to paragraph (c): In the case of individuals who are in custody or incarcerated, funds transfers must be authorized by and consistent with the conditions, protocols, and other requirements established by the jail, prison, or other facility. Note 3 to § 598.510: The authorization in this section only applies to laws and regulations administered by OFAC and should not be interpreted to excuse compliance with other applicable laws or regulations, including the immigration laws of the United States. 52. Add § 598.511 to subpart E to read as follows: ■ khammond on DSKJM1Z7X2PROD with RULES9 § 598.511 Certain transactions for the expenses of maintaining blocked tangible property (a) Specially designated narcotics traffickers are authorized to engage in the following transactions: (1) Making payment for and receiving goods and services for the maintenance of tangible property blocked pursuant to § 598.202(a); and (2) Receiving and making funds transfers in furtherance of the authorized transactions set forth in paragraph (a)(1) of this section from unblocked funds originating outside the United States, provided that any funds received may not originate from any individual or entity whose property or interests in property are blocked pursuant to any part of this chapter or any Executive order or statute, other than the specially designated narcotics trafficker(s) who owns the property. (b)(1) Any person making payment for or receiving goods and services for the maintenance of tangible property blocked pursuant to § 598.202(a) authorized by paragraph (a)(1) of this section must file a report on the transactions with OFAC within 30 days of the first transaction related to that property. Such reports shall include the following numbered sections and information: (i) Estimated or actual dollar value of the transaction(s), as determined by the value of the payment, goods, or services; (ii) A description of the blocked property; (iii) The parties involved; (iv) The type and scope of transactions conducted; and (iv) The dates and duration of the transactions. (2) The reports, which must reference this section, are to be submitted to OFAC using one of the following methods: VerDate Sep<11>2014 21:39 May 14, 2021 Jkt 253001 (i) Email (preferred method): OFAC.Regulations.Reports@ treasury.gov; or (ii) U.S. mail: OFAC Regulations Reports, Office of Foreign Assets Control, U.S. Department of the Treasury, 1500 Pennsylvania Avenue NW, Freedman’s Bank Building, Washington, DC 20220. ■ 53. Add § 598.512 to subpart E to read as follows: § 598.512 Emergency medical services. The provision and receipt of nonscheduled emergency medical services that are prohibited by this part are authorized. ■ 54. Revise § 598.803 to read as follows: § 598.803 Delegation by the Secretary of the Treasury. Any action that the Secretary of the Treasury is authorized to take pursuant to the Foreign Narcotics Kingpin Designation Act, the Presidential Memorandum of May 15, 2015: Delegation of Functions Under the Foreign Narcotics Kingpin Designation Act, or the Presidential Memorandum of May 31, 2013: Delegation of Functions Under Subsection 804(h)(2)(A) of the Foreign Narcotics Kingpin Designation Act may be taken by the Director of the OFAC or by any other person to whom the Secretary of the Treasury has delegated authority so to act. Dated: May 12, 2021. Bradley T. Smith, Acting Director, Office of Foreign Assets Control. [FR Doc. 2021–10314 Filed 5–14–21; 8:45 am] BILLING CODE 4810–AL–P DEPARTMENT OF DEFENSE Office of the Secretary 32 CFR Part 310 [Docket ID: DoD–2018–OS–0055] RIN 0790–AK41 Privacy Act of 1974; Implementation Office of the Secretary of Defense, Department of Defense (DoD). ACTION: Final rule. AGENCY: The Office of the Secretary of Defense is finalizing the rule to exempt from the Privacy Act some records maintained in the DoD Defense Manpower Data Center system of records titled ‘‘Synchronized Predeployment and Operational Tracker Enterprise Suite (SPOT–ES) Records,’’ A system of records notice for this system SUMMARY: PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 26671 has been published in the Federal Register. DATES: This final rule is effective June 16, 2021. FOR FURTHER INFORMATION CONTACT: Ms. Luz D. Ortiz, Chief, Records, Privacy and Declassification Division (RPDD), 1155 Defense Pentagon, Washington, DC 20311–1155, or by phone at (571) 372– 0478. SUPPLEMENTARY INFORMATION: On August 21, 2018, the Department of Defense published a proposed rule titled ‘‘Privacy Act of 1974; Implementation,’’ which proposed to exempt some records maintained in DMDC 18 DoD, ‘‘Synchronized Predeployment and Operational Tracker Enterprise Suite (SPOT–ES) Records’’ (83 FR 42234– 42235) from subsection (d) of the Privacy Act. The public comment period ended on September 20, 2018. At the end of the public comment period, DoD did not receive any pertinent public comments. DoD now has a single DoD-level Privacy Program rule at 32 CFR part 310 (84 FR 14728–14811) that contains all the codified information required for the Department. That revised Privacy Program rule also includes all DoD component exemption rules. The OSD/ JS Privacy Program regulation at 32 CFR part 311, last updated on October 30, 2009 (74 FR 56114), was no longer required and was removed from the CFR on August 7, 2019 (84 FR 38552). A system of records notice for this system was published in the Federal Register on August 21, 2018 (83 FR 42262– 42266). This modification to 32 CFR part 310 adds a new Privacy Act exemption rule for the Synchronized Redeployment and Operational Tracker Enterprise Suite (SPOT–ES), which is used at installations to manage, track, account for, monitor, and report on contracts, companies, and contractor employees supporting contingency operations, humanitarian assistance operations, peace operations, disaster relief operations, military exercises, events, and other activities that require contractor support. Contract scope, installations, and/or activities requiring contractor support as documented in SPOT–ES may be classified under Executive Order (E.O.) 13526, ‘‘Classified National Security Information.’’ Information classified under E.O. 13526, as implemented by DoD Manual (DoDM) 5200.01 Volumes 1 and 3, and DoD Instruction (DoDI) 5200.01, may be exempt pursuant to 5 U.S.C. 552a(k)(1). Granting unfettered access to information that is properly classified pursuant to those authorities U:\17MYR1.SGM 17MYR1 26672 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations may cause damage to the national security. Public Law 96–511, ‘‘Paperwork Reduction Act’’ (44 U.S.C. Chapter 35) ENVIRONMENTAL PROTECTION AGENCY Regulatory Procedures It has been determined that this rule does not impose additional information collection requirements on the public under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). 40 CFR Part 180 Executive Order 13132, ‘‘Federalism’’ AGENCY: Executive Order 12866, ‘‘Regulatory Planning and Review,’’ Executive Order 13563, ‘‘Improving Regulation and Regulatory Review’’ Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distribute impacts, and equity). Executive Order 13563 also emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. It has been determined that this rule is not a significant regulatory action under these Executive Orders. The Congressional Review Act, title 5, U.S.C. 801 et seq., as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The DoD will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States. A major rule cannot take effect until 60 days after it is published in the Federal Register. This final rule is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). 2 U.S.C. Ch. 25, ‘‘Unfunded Mandates Reform Act’’ khammond on DSKJM1Z7X2PROD with RULES9 This final rule is not subject to the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1532) because it does not contain a federal mandate that may result in the expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of $100M or more in any one year. Public Law 96–354, ‘‘Regulatory Flexibility Act’’ (5 U.S.C. Chapter 6) It has been certified that this rule does not have a significant economic impact on a substantial number of small entities because it is concerned only with the administration of Privacy Act systems of records within DoD. A Regulatory Flexibility Analysis is not required. 21:39 May 14, 2021 List of Subjects in 32 CFR Part 310 Privacy. Accordingly, 32 CFR part 310 is amended as follows: Congressional Review Act VerDate Sep<11>2014 Executive Order 13132 establishes certain requirements that an agency must meet when it promulgates a proposed rule (and subsequent final rule) that imposes substantial direct requirement costs on State and local governments, preempts State law, or otherwise has Federalism implications. This final rule will not have a substantial effect on State and local governments. Jkt 253001 PART 310—[AMENDED] 1. The authority citation for 32 CFR part 310 continues to read as follows: ■ Authority: 5 U.S.C. 552a. 2. Section 310.29 is amended by adding paragraph (c)(28) to read as follows: ■ § 310.29 Procedures for exemptions. * * * * * (c) * * * (28) System identifier and name. DMDC 18 DoD, Synchronized Predeployment and Operational Tracker Enterprise Suite (SPOT–ES) Records. (i) Exemption. Information classified under E.O. 13526, as implemented by DoD Instruction (DoDI) 5200.01 and DoD Manual (DoDM) 5200.01, Volumes 1 and 3, may be exempt pursuant to 5 U.S.C. 552a(k)(1). (ii) Authority. 5 U.S.C. 552a(k)(1). (iii) Reasons. From subsection 5 U.S.C. 552a(d) because granting access to information that is properly classified pursuant to E.O. 13526, as implemented by DoD Instruction 5200.01 and DoD Manual 5200.01, Volumes 1 and 3, may cause damage to the national security. [EPA–HQ–OPP–2018–0762; FRL–10019–62] Trifludimoxazin; Pesticide Tolerances Environmental Protection Agency (EPA). ACTION: Final rule. This regulation establishes tolerances for residues of trifludimoxazin in or on multiple commodities which are identified and discussed later in this document. BASF corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). SUMMARY: This regulation is effective May 17, 2021. Objections and requests for hearings must be received on or before July 16, 2021 and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION). DATES: The docket for this action, identified by docket identification (ID) number EPA–HQ–OPP–2018–0762, is available at https://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460–0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the OPP Docket is (703) 305–5805. Due to the public health concerns related to COVID–19, the EPA Docket Center (EPA/DC) and Reading Room is closed to visitors with limited exceptions. The staff continues to provide remote customer service via email, phone, and webform. For the latest status information on EPA/DC services and docket access, visit https:// www.epa.gov/dockets. ADDRESSES: FOR FURTHER INFORMATION CONTACT: [FR Doc. 2021–10313 Filed 5–14–21; 8:45 am] Marietta Echeverria, Acting Director, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; main telephone number: (703) 305– 7090; email address: RDFRNotices@epa. gov. BILLING CODE 5001–06–P SUPPLEMENTARY INFORMATION: Dated: May 12, 2021. Aaron T. Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 U:\17MYR1.SGM 17MYR1

Agencies

[Federal Register Volume 86, Number 93 (Monday, May 17, 2021)]
[Rules and Regulations]
[Pages 26671-26672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10313]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 310

[Docket ID: DoD-2018-OS-0055]
RIN 0790-AK41


Privacy Act of 1974; Implementation

AGENCY: Office of the Secretary of Defense, Department of Defense 
(DoD).

ACTION: Final rule.

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

SUMMARY: The Office of the Secretary of Defense is finalizing the rule 
to exempt from the Privacy Act some records maintained in the DoD 
Defense Manpower Data Center system of records titled ``Synchronized 
Predeployment and Operational Tracker Enterprise Suite (SPOT-ES) 
Records,'' A system of records notice for this system has been 
published in the Federal Register.

DATES: This final rule is effective June 16, 2021.

FOR FURTHER INFORMATION CONTACT: Ms. Luz D. Ortiz, Chief, Records, 
Privacy and Declassification Division (RPDD), 1155 Defense Pentagon, 
Washington, DC 20311-1155, or by phone at (571) 372-0478.

SUPPLEMENTARY INFORMATION: On August 21, 2018, the Department of 
Defense published a proposed rule titled ``Privacy Act of 1974; 
Implementation,'' which proposed to exempt some records maintained in 
DMDC 18 DoD, ``Synchronized Predeployment and Operational Tracker 
Enterprise Suite (SPOT-ES) Records'' (83 FR 42234-42235) from 
subsection (d) of the Privacy Act. The public comment period ended on 
September 20, 2018. At the end of the public comment period, DoD did 
not receive any pertinent public comments.
    DoD now has a single DoD-level Privacy Program rule at 32 CFR part 
310 (84 FR 14728-14811) that contains all the codified information 
required for the Department. That revised Privacy Program rule also 
includes all DoD component exemption rules. The OSD/JS Privacy Program 
regulation at 32 CFR part 311, last updated on October 30, 2009 (74 FR 
56114), was no longer required and was removed from the CFR on August 
7, 2019 (84 FR 38552). A system of records notice for this system was 
published in the Federal Register on August 21, 2018 (83 FR 42262-
42266).
    This modification to 32 CFR part 310 adds a new Privacy Act 
exemption rule for the Synchronized Redeployment and Operational 
Tracker Enterprise Suite (SPOT-ES), which is used at installations to 
manage, track, account for, monitor, and report on contracts, 
companies, and contractor employees supporting contingency operations, 
humanitarian assistance operations, peace operations, disaster relief 
operations, military exercises, events, and other activities that 
require contractor support. Contract scope, installations, and/or 
activities requiring contractor support as documented in SPOT-ES may be 
classified under Executive Order (E.O.) 13526, ``Classified National 
Security Information.'' Information classified under E.O. 13526, as 
implemented by DoD Manual (DoDM) 5200.01 Volumes 1 and 3, and DoD 
Instruction (DoDI) 5200.01, may be exempt pursuant to 5 U.S.C. 
552a(k)(1). Granting unfettered access to information that is properly 
classified pursuant to those authorities

[[Page 26672]]

may cause damage to the national security.

Regulatory Procedures

Executive Order 12866, ``Regulatory Planning and Review,'' Executive 
Order 13563, ``Improving Regulation and Regulatory Review''

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distribute impacts, and equity). Executive 
Order 13563 also emphasizes the importance of quantifying both costs 
and benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. It has been determined that this rule is not a significant 
regulatory action under these Executive Orders.

Congressional Review Act

    The Congressional Review Act, title 5, U.S.C. 801 et seq., as 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996, generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. The DoD will submit a report containing 
this rule and other required information to the U.S. Senate, the U.S. 
House of Representatives, and the Comptroller General of the United 
States. A major rule cannot take effect until 60 days after it is 
published in the Federal Register. This final rule is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).

2 U.S.C. Ch. 25, ``Unfunded Mandates Reform Act''

    This final rule is not subject to the Unfunded Mandates Reform Act 
(UMRA) (2 U.S.C. 1532) because it does not contain a federal mandate 
that may result in the expenditure by state, local, and tribal 
governments, in the aggregate, or by the private sector, of $100M or 
more in any one year.

Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. Chapter 6)

    It has been certified that this rule does not have a significant 
economic impact on a substantial number of small entities because it is 
concerned only with the administration of Privacy Act systems of 
records within DoD. A Regulatory Flexibility Analysis is not required.

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)

    It has been determined that this rule does not impose additional 
information collection requirements on the public under the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Executive Order 13132, ``Federalism''

    Executive Order 13132 establishes certain requirements that an 
agency must meet when it promulgates a proposed rule (and subsequent 
final rule) that imposes substantial direct requirement costs on State 
and local governments, preempts State law, or otherwise has Federalism 
implications. This final rule will not have a substantial effect on 
State and local governments.

List of Subjects in 32 CFR Part 310

    Privacy.

    Accordingly, 32 CFR part 310 is amended as follows:

PART 310--[AMENDED]

0
1. The authority citation for 32 CFR part 310 continues to read as 
follows:

    Authority: 5 U.S.C. 552a.


0
2. Section 310.29 is amended by adding paragraph (c)(28) to read as 
follows:


Sec.  310.29  Procedures for exemptions.

* * * * *
    (c) * * *
    (28) System identifier and name. DMDC 18 DoD, Synchronized 
Predeployment and Operational Tracker Enterprise Suite (SPOT-ES) 
Records.
    (i) Exemption. Information classified under E.O. 13526, as 
implemented by DoD Instruction (DoDI) 5200.01 and DoD Manual (DoDM) 
5200.01, Volumes 1 and 3, may be exempt pursuant to 5 U.S.C. 
552a(k)(1).
    (ii) Authority. 5 U.S.C. 552a(k)(1).
    (iii) Reasons. From subsection 5 U.S.C. 552a(d) because granting 
access to information that is properly classified pursuant to E.O. 
13526, as implemented by DoD Instruction 5200.01 and DoD Manual 
5200.01, Volumes 1 and 3, may cause damage to the national security.

    Dated: May 12, 2021.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2021-10313 Filed 5-14-21; 8:45 am]
BILLING CODE 5001-06-P
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