80 FR 15951 - Privacy Act of 1974; Implementation
DEPARTMENT OF JUSTICE Federal Register Volume 80, Issue 58 (March 26, 2015)
Federal Register Volume 80, Issue 58 (March 26, 2015)
| Page Range | 15951-15953 | |
| FR Document | 2015-06938 |
[Federal Register Volume 80, Number 58 (Thursday, March 26, 2015)] [Proposed Rules] [Pages 15951-15953] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-06938] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE 28 CFR Part 16 [CPCLO Order No. 004-2014] Privacy Act of 1974; Implementation AGENCY: Department of Justice. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: As described in the notice section of this issue of the Federal Register, the Department of Justice (Department or DOJ) has published a notice of a new Department-wide Privacy Act system of records, ``Department of Justice, Giglio Information Files,'' JUSTICE/ DOJ-017. This system has been established to enable DOJ investigative agencies to collect and maintain records of potential impeachment information and to disclose such information to DOJ prosecuting offices in order to ensure that prosecutors receive sufficient information to meet their obligations under Giglio v. United States, 405 U.S. 150 (1972), as well as to enable DOJ prosecuting offices to maintain records of potential impeachment information obtained from DOJ investigative agencies, other federal agencies, and state and local agencies and to disclose such information in accordance with the Giglio decision. For the reasons provided below, the Department proposes to amend its Privacy Act regulations by establishing an exemption for records in this system from certain provisions of the Privacy Act pursuant to 5 U.S.C. 552a(j) and (k). DATES: Comments must be received by April 27, 2015. ADDRESSES: Address all comments to the Privacy Analyst, Office of Privacy and Civil Liberties, National Place Building, 1331 Pennsylvania Avenue NW., Suite 1000, Washington, DC 20530, or by facsimile to (202) 307-0693. To ensure proper handling, please reference the CPCLO Order Number on your correspondence. You may review an electronic version of the proposed rule at http://www.regulations.gov, and you may also comment by using that Web site's comment form for this regulation. Please include the CPCLO Order Number in the subject box. Please note that the Department is requesting that electronic comments be submitted before midnight Eastern Time on the day the comment period closes because this is when http://www.regulations.gov terminates the public's ability to submit comments. Commenters in time zones other than Eastern Time may want to consider this so that their electronic comments are received. All comments sent via regular or express mail will be considered timely if postmarked on or before the day the comment period closes. Posting of Public Comments: Please note that all comments received are considered part of the public record and made available for public inspection online at http://www.regulations.gov and in the Department's public docket. Such information includes personally identifying information (such as your name, address, etc.) voluntarily submitted by the commenter. If you want to submit personally identifying information (such as your name, address, etc.) as part of your comment, but do not want it to be posted online or made available in the public docket, you must include the phrase ``PERSONALLY IDENTIFYING INFORMATION'' in the first paragraph of your comment. You must also place all the personally identifying information you do not want posted online or made available in the public docket 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 or made available in the public docket, 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 that comment may not be posted online or made available in the public docket. Personally identifying information and confidential business information identified and located as set forth above will be redacted and the comment, in redacted form, will be posted online and placed in the Department's public docket file. Please note that the Freedom of Information Act applies to all comments received. If you wish to inspect the agency's public docket file in person by appointment, please see the FOR FURTHER INFORMATION CONTACT paragraph. FOR FURTHER INFORMATION CONTACT: Tricia Francis, Executive Office for United States Attorneys, FOIA/Privacy Act Staff, 600 E Street NW., Suite 7300, Washington, DC 20530, or by facsimile at (202) 252-6047. SUPPLEMENTARY INFORMATION: In the notices section of this issue of the Federal Register, the Department of Justice has published a system of records notice for the system entitled, ``Department of Justice Giglio Information Files,'' JUSTICE/DOJ-017. This Department-wide system notice replaces the notice for the system entitled, ``United States Attorney's Office, Giglio Information Files,'' JUSTICE/USA-018, 65 FR 75308 (Dec. 1, 2000). That system of records was exempt from certain provisions of the Privacy Act pursuant to 5 U.S.C. 552a(j) and (k). Those exemptions are codified in the Code of Federal Regulations (CFR) section for Exemption of United States Attorneys Systems (28 CFR 16.81(g) and (h)). The Department is now proposing to establish a new CFR section for exemptions of the JUSTICE/DOJ-017 system (28 CFR 16.136) and to [[Page 15952]] amend 28 CFR 16.81 by removing paragraphs (g) and (h). The Department intends that the exemptions previously established in 28 CFR 16.81(g) and (h) will continue to apply to the JUSTICE/USA-018 system and all its records until the effective date of 28 CFR 16.136. Regulatory Flexibility Act This proposed rule relates to individuals as opposed to small business entities. Pursuant to the requirements of the Regulatory Flexibility Act, 5 U.S.C. 601-612, the proposed rule will not have a significant economic impact on a substantial number of small entities. Small Entity Inquiries The Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 801 et seq., requires the Department to comply with small entity requests for information and advice about compliance with statutes and regulations within the Department's jurisdiction. Any small entity that has a question regarding this document may contact the person listed in FOR FURTHER INFORMATION CONTACT. Persons can obtain further information regarding SBREFA on the Small Business Administration's Web site at http://www.sba.gov/advocacy/825. Paperwork Reduction Act The Paperwork Reduction Act of 1995, 44 U.S.C. 3507(d), requires that the Department consider the impact of paperwork and other information-collection burdens imposed on the public. There are no current or new information-collection requirements associated with this proposed rule. The records that are contributed to this system would be created in any event by law enforcement entities, and their sharing of this information electronically will not increase the paperwork burden on these entities. Analysis of Regulatory Impacts This proposed rule is not a ``significant regulatory action'' within the meaning of Executive Order 12866 and therefore further regulatory evaluation is not necessary. This proposed rule will not have a significant economic impact on a substantial number of small entities because it applies only to information about individuals. Unfunded Mandates Reform Act of 1995 Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, 109 Stat. 48, requires Federal agencies to assess the effects of certain regulatory actions on State, local, and tribal governments and the private sector. UMRA requires a written statement of economic and regulatory alternatives for proposed and final rules that contain Federal mandates. A ``Federal mandate'' is a new or additional enforceable duty imposed on any State, local, or tribal government or the private sector. If any Federal mandate causes those entities to spend, in aggregate, $100 million or more in any one year, the UMRA analysis is required. This proposed rule would not impose Federal mandates on any State, local, or tribal government or the private sector. List of Subjects in 28 CFR Part 16 Administrative Practices and Procedures, Courts, Freedom of Information Act, Government in the Sunshine Act, Privacy Act. Pursuant to the authority vested in the Attorney General by 5 U.S.C. 552a and delegated to me by Attorney General Order No. 2940-2008 the DOJ proposes to amend 28 CFR part 16 as follows: PART 16 --[AMENDED] 0 1. The authority citation for part 16 continues to read as follows: Authority: 5 U.S.C. 301, 552, 552a, 552b(g), 553; 18 U.S.C. 4203(a)(1); 28 U.S.C. 509, 510, 534; 31 U.S.C. 3717, 9701. Subpart E--Exemption of Records Systems Under the Privacy Act Sec. 16.81--[AMENDED] 0 2. Amend Sec. 16.81 by removing paragraphs (g) and (h). Sec. 16.136--[ADDED] 0 3. Add Sec. 16.136 to subpart E to read as follows: Sec. 16.136 Exemption of the Department of Justice, Giglio Information Files, JUSTICE/DOJ-017. (a) The Department of Justice, Giglio Information Files (JUSTICE/ DOJ-017) system of records is exempted from subsections (c)(3) and (4); (d)(1) through (4); (e)(1), (2), (3), (4)(G), (H), and (I), (5), and (8); (f); and (g) of the Privacy Act. These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j) and/or (k). (b) Exemptions from the particular subsections are justified for the following reasons: (1) From subsection (c)(3) of the Privacy Act because this subsection is inapplicable to the extent that an exemption is being claimed for subsection (d) of the Privacy Act. (2) From subsection (c)(4) of the Privacy Act because this subsection is inapplicable to the extent that an exemption is being claimed for subsection (d) of the Privacy Act. (3) From subsection (d) of the Privacy Act because access to the records contained in this system may interfere with or impede an ongoing investigation as it may be related to allegations against an agent or witness who is currently being investigated. Further, other records that are derivative of the subject's employing agency files may be accessed through the employing agency's files. (4) From subsection (e)(1) of the Privacy Act because it may not be possible to determine in advance if potential impeachment records collected and maintained in order to sufficiently meet the Department's Giglio requirements and obligations are all relevant and necessary. In order to ensure that the Department's prosecutors and investigative agencies receive sufficient information to meet their obligations under Giglio, it is appropriate to maintain potential impeachment information in accordance with Department policy as such records could later be relevant and necessary in a different case in which the same witness or affiant subsequently testifies. (5) From subsection (e)(2) of the Privacy Act because collecting information directly from the subject individual could serve notice that the individual is the subject of investigation and because of the nature of the records in this system, which are used to impeach or demonstrate bias of a witness, requires that the information be collected from others. (6) From subsection (e)(3) of the Privacy Act because federal law enforcement officers receive notice from their supervisors and prosecuting attorneys that impeachment information may be used at trial. Law enforcement officers are also given notice by the Giglio decision itself. (7) From subsections (e)(4)(G), (H), and (I) of the Privacy Act because this system of records is exempt from the access and amendment provisions of subsection (d) of the Privacy Act. (8) From subsection (e)(5) of the Privacy Act because it may not be possible to determine in advance if all potential impeachment records collected and maintained in order to sufficiently meet the Department's Giglio requirements and obligations are all accurate, relevant, timely, and complete at the time of collection. Although the Department has policies in place to verify the records, the records may be originated from another agency, [[Page 15953]] third party, or open source media and it may be impossible to ensure the accuracy, relevance, timeliness, and completeness of potential impeachment information maintained prior to and during the process of being verified. (9) From subsection (e)(8) of the Privacy Act because the nature of the Giglio discovery process renders notice of compliance with the compulsory discovery process impractical. (10) From subsections (f) and (g) of the Privacy Act because these subsections are inapplicable to the extent that the system is exempt from other specific subsections of the Privacy Act. Dated: March 4, 2015. Erika Brown Lee, Chief Privacy and Civil Liberties Officer, United States Department of Justice. [FR Doc. 2015-06938 Filed 3-25-15; 8:45 am] BILLING CODE 4410-FB-P
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attention of the person identified in enable DOJ investigative agencies to public docket, you must include the
paragraph (m)(1) of this AD. Information may collect and maintain records of potential phrase ‘‘PERSONALLY IDENTIFYING
be emailed to: 9-ANM-LAACO-AMOC- impeachment information and to INFORMATION’’ in the first paragraph
Requests@faa.gov. of your comment. You must also place
disclose such information to DOJ
(2) Before using any approved AMOC,
notify your appropriate principal inspector, prosecuting offices in order to ensure all the personally identifying
or lacking a principal inspector, the manager that prosecutors receive sufficient information you do not want posted
of the local flight standards district office/ information to meet their obligations online or made available in the public
certificate holding district office. under Giglio v. United States, 405 U.S. docket in the first paragraph of your
(3) An AMOC that provides an acceptable 150 (1972), as well as to enable DOJ comment and identify what information
level of safety may be used for any repair prosecuting offices to maintain records you want redacted.
required by this AD if it is approved by the of potential impeachment information If you want to submit confidential
Boeing Commercial Airplanes Organization business information as part of your
obtained from DOJ investigative
Designation Authorization (ODA) that has comment, but do not want it to be
been authorized by the Manager, Los Angeles agencies, other federal agencies, and
ACO, to make those findings. For a repair state and local agencies and to disclose posted online or made available in the
method to be approved, the repair must meet such information in accordance with the public docket, you must include the
the certification basis of the airplane, and the Giglio decision. For the reasons phrase ‘‘CONFIDENTIAL BUSINESS
approval must specifically refer to this AD. provided below, the Department INFORMATION’’ in the first paragraph
(4) AMOCs approved for AD 2012–18–05, proposes to amend its Privacy Act of your comment. You must also
Amendment 39–17181 (77 FR 54793, regulations by establishing an prominently identify confidential
September 6, 2012), are approved as AMOCs exemption for records in this system business information to be redacted
for the corresponding provisions of this AD. within the comment. If a comment has
from certain provisions of the Privacy
(m) Related Information Act pursuant to 5 U.S.C. 552a(j) and (k). so much confidential business
(1) For more information about this AD, DATES: Comments must be received by information that it cannot be effectively
contact Sérj Harutunian, Aerospace Engineer, April 27, 2015. redacted, all or part of that comment
Propulsion Branch, ANM–140L, FAA, Los may not be posted online or made
ADDRESSES: Address all comments to
Angeles Aircraft Certification Office (ACO), available in the public docket.
the Privacy Analyst, Office of Privacy Personally identifying information
3960 Paramount Boulevard, Lakewood, CA
90712–4137; phone: 562–627–5254; fax: 562– and Civil Liberties, National Place and confidential business information
627–5210; email: serj.harutunian@faa.gov. Building, 1331 Pennsylvania Avenue identified and located as set forth above
(2) For service information identified in NW., Suite 1000, Washington, DC will be redacted and the comment, in
this AD, contact Boeing Commercial 20530, or by facsimile to (202) 307– redacted form, will be posted online and
Airplanes, Attention: Data & Services 0693. To ensure proper handling, please placed in the Department’s public
Management, 3855 Lakewood Boulevard, MC reference the CPCLO Order Number on
D800–0019, Long Beach, CA 90846–0001; docket file. Please note that the Freedom
your correspondence. You may review of Information Act applies to all
telephone 206–544–5000, extension 2; fax an electronic version of the proposed
206–766–5683; Internet https:// comments received. If you wish to
rule at http://www.regulations.gov, and inspect the agency’s public docket file
www.myboeingfleet.com. You may view this
referenced service information at the FAA, you may also comment by using that in person by appointment, please see
Transport Airplane Directorate, 1601 Lind Web site’s comment form for this the FOR FURTHER INFORMATION CONTACT
Avenue SW., Renton, WA. For information regulation. Please include the CPCLO paragraph.
on the availability of this material at the Order Number in the subject box.
FAA, call 425–227–1221. Please note that the Department is FOR FURTHER INFORMATION CONTACT:
requesting that electronic comments be Tricia Francis, Executive Office for
Issued in Renton, Washington, on February
11, 2015. submitted before midnight Eastern Time United States Attorneys, FOIA/Privacy
on the day the comment period closes Act Staff, 600 E Street NW., Suite 7300,
Jeffrey E. Duven,
because this is when http:// Washington, DC 20530, or by facsimile
Manager, Transport Airplane Directorate,
www.regulations.gov terminates the at (202) 252–6047.
Aircraft Certification Service.
public’s ability to submit comments. SUPPLEMENTARY INFORMATION: In the
[FR Doc. 2015–06745 Filed 3–25–15; 8:45 am]
Commenters in time zones other than notices section of this issue of the
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Eastern Time may want to consider this Federal Register, the Department of
so that their electronic comments are Justice has published a system of
received. All comments sent via regular records notice for the system entitled,
DEPARTMENT OF JUSTICE or express mail will be considered ‘‘Department of Justice Giglio
timely if postmarked on or before the Information Files,’’ JUSTICE/DOJ–017.
28 CFR Part 16
day the comment period closes. This Department-wide system notice
[CPCLO Order No. 004–2014] Posting of Public Comments: Please replaces the notice for the system
note that all comments received are entitled, ‘‘United States Attorney’s
Privacy Act of 1974; Implementation considered part of the public record and Office, Giglio Information Files,’’
AGENCY: Department of Justice. made available for public inspection JUSTICE/USA–018, 65 FR 75308 (Dec.
ACTION: Notice of proposed rulemaking. online at http://www.regulations.gov 1, 2000). That system of records was
and in the Department’s public docket. exempt from certain provisions of the
SUMMARY: As described in the notice Such information includes personally Privacy Act pursuant to 5 U.S.C. 552a(j)
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section of this issue of the Federal identifying information (such as your and (k). Those exemptions are codified
Register, the Department of Justice name, address, etc.) voluntarily in the Code of Federal Regulations
(Department or DOJ) has published a submitted by the commenter. (CFR) section for Exemption of United
notice of a new Department-wide If you want to submit personally States Attorneys Systems (28 CFR
Privacy Act system of records, identifying information (such as your 16.81(g) and (h)). The Department is
‘‘Department of Justice, Giglio name, address, etc.) as part of your now proposing to establish a new CFR
Information Files,’’ JUSTICE/DOJ–017. comment, but do not want it to be section for exemptions of the JUSTICE/
This system has been established to posted online or made available in the DOJ–017 system (28 CFR 16.136) and to
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amend 28 CFR 16.81 by removing Federal agencies to assess the effects of (2) From subsection (c)(4) of the
paragraphs (g) and (h). The Department certain regulatory actions on State, Privacy Act because this subsection is
intends that the exemptions previously local, and tribal governments and the inapplicable to the extent that an
established in 28 CFR 16.81(g) and (h) private sector. UMRA requires a written exemption is being claimed for
will continue to apply to the JUSTICE/ statement of economic and regulatory subsection (d) of the Privacy Act.
USA–018 system and all its records alternatives for proposed and final rules (3) From subsection (d) of the Privacy
until the effective date of 28 CFR that contain Federal mandates. A Act because access to the records
16.136. ‘‘Federal mandate’’ is a new or contained in this system may interfere
additional enforceable duty imposed on with or impede an ongoing investigation
Regulatory Flexibility Act as it may be related to allegations
any State, local, or tribal government or
This proposed rule relates to the private sector. If any Federal against an agent or witness who is
individuals as opposed to small mandate causes those entities to spend, currently being investigated. Further,
business entities. Pursuant to the in aggregate, $100 million or more in other records that are derivative of the
requirements of the Regulatory any one year, the UMRA analysis is subject’s employing agency files may be
Flexibility Act, 5 U.S.C. 601–612, the required. This proposed rule would not accessed through the employing
proposed rule will not have a significant impose Federal mandates on any State, agency’s files.
economic impact on a substantial local, or tribal government or the private (4) From subsection (e)(1) of the
number of small entities. sector. Privacy Act because it may not be
possible to determine in advance if
Small Entity Inquiries List of Subjects in 28 CFR Part 16 potential impeachment records
The Small Business Regulatory Administrative Practices and collected and maintained in order to
Enforcement Fairness Act of 1996 Procedures, Courts, Freedom of sufficiently meet the Department’s
(SBREFA), 5 U.S.C. 801 et seq., requires Information Act, Government in the Giglio requirements and obligations are
the Department to comply with small Sunshine Act, Privacy Act. all relevant and necessary. In order to
entity requests for information and Pursuant to the authority vested in the ensure that the Department’s
advice about compliance with statutes Attorney General by 5 U.S.C. 552a and prosecutors and investigative agencies
and regulations within the Department’s delegated to me by Attorney General receive sufficient information to meet
jurisdiction. Any small entity that has a Order No. 2940–2008 the DOJ proposes their obligations under Giglio, it is
question regarding this document may to amend 28 CFR part 16 as follows: appropriate to maintain potential
contact the person listed in FOR FURTHER impeachment information in accordance
INFORMATION CONTACT. Persons can PART 16 —[AMENDED] with Department policy as such records
obtain further information regarding could later be relevant and necessary in
SBREFA on the Small Business ■ 1. The authority citation for part 16 a different case in which the same
Administration’s Web site at http:// continues to read as follows: witness or affiant subsequently testifies.
www.sba.gov/advocacy/825. Authority: 5 U.S.C. 301, 552, 552a, (5) From subsection (e)(2) of the
552b(g), 553; 18 U.S.C. 4203(a)(1); 28 U.S.C. Privacy Act because collecting
Paperwork Reduction Act 509, 510, 534; 31 U.S.C. 3717, 9701. information directly from the subject
The Paperwork Reduction Act of individual could serve notice that the
1995, 44 U.S.C. 3507(d), requires that Subpart E—Exemption of Records individual is the subject of investigation
the Department consider the impact of Systems Under the Privacy Act and because of the nature of the records
paperwork and other information- in this system, which are used to
§ 16.81—[AMENDED]
collection burdens imposed on the impeach or demonstrate bias of a
public. There are no current or new ■ 2. Amend § 16.81 by removing witness, requires that the information be
information-collection requirements paragraphs (g) and (h). collected from others.
associated with this proposed rule. The § 16.136—[ADDED] (6) From subsection (e)(3) of the
records that are contributed to this Privacy Act because federal law
■ 3. Add § 16.136 to subpart E to read
system would be created in any event by enforcement officers receive notice from
as follows:
law enforcement entities, and their their supervisors and prosecuting
sharing of this information § 16.136 Exemption of the Department of attorneys that impeachment information
electronically will not increase the Justice, Giglio Information Files, JUSTICE/ may be used at trial. Law enforcement
paperwork burden on these entities. DOJ–017. officers are also given notice by the
(a) The Department of Justice, Giglio Giglio decision itself.
Analysis of Regulatory Impacts Information Files (JUSTICE/DOJ–017) (7) From subsections (e)(4)(G), (H),
This proposed rule is not a system of records is exempted from and (I) of the Privacy Act because this
‘‘significant regulatory action’’ within subsections (c)(3) and (4); (d)(1) through system of records is exempt from the
the meaning of Executive Order 12866 (4); (e)(1), (2), (3), (4)(G), (H), and (I), (5), access and amendment provisions of
and therefore further regulatory and (8); (f); and (g) of the Privacy Act. subsection (d) of the Privacy Act.
evaluation is not necessary. This These exemptions apply only to the (8) From subsection (e)(5) of the
proposed rule will not have a significant extent that information in this system is Privacy Act because it may not be
economic impact on a substantial subject to exemption pursuant to 5 possible to determine in advance if all
potential impeachment records
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number of small entities because it U.S.C. 552a(j) and/or (k).
applies only to information about (b) Exemptions from the particular collected and maintained in order to
individuals. subsections are justified for the sufficiently meet the Department’s
following reasons: Giglio requirements and obligations are
Unfunded Mandates Reform Act of (1) From subsection (c)(3) of the all accurate, relevant, timely, and
1995 Privacy Act because this subsection is complete at the time of collection.
Title II of the Unfunded Mandates inapplicable to the extent that an Although the Department has policies in
Reform Act of 1995 (UMRA), Public exemption is being claimed for place to verify the records, the records
Law 104–4, 109 Stat. 48, requires subsection (d) of the Privacy Act. may be originated from another agency,
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third party, or open source media and your inspection, the comment period Resources, 2 Hudson Hollow, Frankfort,
it may be impossible to ensure the during which you may submit written Kentucky 40601. Telephone: (502) 564–
accuracy, relevance, timeliness, and comments on the amendment, and the 6940. Email: Steve.Hohmann@ky.gov.
completeness of potential impeachment procedures that we will follow for the FOR FURTHER INFORMATION CONTACT: Mr.
information maintained prior to and public hearing, if one is requested. Robert Evans, Office of Surface Mining
during the process of being verified. DATES: We will accept written Reclamation and Enforcement,
(9) From subsection (e)(8) of the comments on the proposed rules until Telephone: (859) 260–3900. Email:
Privacy Act because the nature of the 4:00 p.m., Eastern Standard Time (EST) bevans@osmre.gov.
Giglio discovery process renders notice April 27, 2015. If requested, we will SUPPLEMENTARY INFORMATION:
of compliance with the compulsory hold a public hearing on April 20, 2015.
discovery process impractical. I. Background on the Kentucky Program
We will accept requests to speak until II. Description of the Proposed Amendment
(10) From subsections (f) and (g) of 4:00 p.m., EST on April 10, 2015. III. Public Comment Procedures
the Privacy Act because these ADDRESSES: You may submit comments, IV. Procedural Determinations
subsections are inapplicable to the identified by SATS No. KY–256–FOR
extent that the system is exempt from and OSM Docket No. OSM–2012–0004, I. Background on the Kentucky
other specific subsections of the Privacy by any of the following methods: Program
Act. • Federal eRulemaking Portal: Section 503(a) of the Act permits a
Dated: March 4, 2015. www.regulations.gov. The proposed rule State to assume primacy for the
Erika Brown Lee, has been assigned Docket ID: OSM– regulation of surface coal mining and
Chief Privacy and Civil Liberties Officer, 2012–0014. Please follow the online reclamation operations on non-Federal
United States Department of Justice. instructions for submitting comments. and non-Indian lands within its borders
[FR Doc. 2015–06938 Filed 3–25–15; 8:45 am] • Email: Mr. Robert Evans, by demonstrating that its program
BILLING CODE 4410–FB–P
bevans@osmre.gov. includes, among other things, ‘‘* * *
• Fax: (859) 260–8410. State law which provides for the
• Mail/Hand Delivery: Mr. Robert regulation of surface coal mining and
Evans, Field Office Director, Lexington reclamation operations in accordance
DEPARTMENT OF THE INTERIOR Field Office, Office of Surface Mining with the requirements of this Act * * *;
Office of Surface Mining Reclamation Reclamation and Enforcement, 2675 and rules and regulations consistent
and Enforcement Regency Road, Lexington, Kentucky with regulations issued by the Secretary
40503. Please include the rule pursuant to this Act.’’ See 30 U.S.C.
30 CFR Part 917 identifiers (SATS No. KY–256–FOR and 1253(a)(1) and (7). On the basis of these
Docket ID OSM–2012–0014) with your criteria, the Secretary of the Interior
[SATS No. KY–256–FOR; Docket ID: OSM– comments. conditionally approved the Kentucky
2012–0014; S1D1SSS08011000SX066A0006 Instructions: All submissions received program on May 18, 1982. You can find
7F154S180110; S2D2SSS08011000SX066 must include the agency name and
A00033F15XS501520] background information on the
docket number for this rulemaking. For Kentucky program, including the
Kentucky Regulatory Program detailed instructions on submitting Secretary’s findings, the disposition of
comments and additional information comments, and conditions of approval,
AGENCY: Office of Surface Mining on the rulemaking process, see the in the May 18, 1982, Federal Register
Reclamation and Enforcement, Interior. ‘‘Public Comment Procedures’’ heading (47 FR 21434). You can also find later
ACTION: Proposed rule; reopening of the of the SUPPLEMENTARY INFORMATION actions concerning the Kentucky
public comment period and opportunity section of this document. program and program amendments at 30
for public hearing. Docket: For access to the docket to CFR 917.11–917.17.
review copies of the Kentucky program,
SUMMARY: We, the Office of Surface this amendment, a listing of any II. Description of the Proposed
Mining Reclamation and Enforcement scheduled public hearings, and all Amendment
(OSMRE), are reopening the public written comments received in response Kentucky submitted information on
comment period on the proposed to this document, you must go to the three occasions in response to a Notice
amendment to the Kentucky regulatory address listed below during normal under 30 CFR part 733 that we sent to
program (the Kentucky program) under business hours, Monday through Friday, Kentucky on May 1, 2012 (Docket ID
the Surface Mining Control and excluding holidays. You may receive OSM–2012–0014) regarding deficiencies
Reclamation Act of 1977 (SMCRA or the one free copy of the amendment by in its bonding program. These
Act) that was originally published on contacting the person listed under FOR submissions are intended to address the
February 20, 2013. The public comment FURTHER INFORMATION CONTACT or the noted deficiencies and were submitted
period and opportunity for public full text of the program amendment is as follows: September 28, 2012
hearing is being reopened to incorporate available for you to read at (emergency and permanent
subsequent information (emergency www.regulations.gov. Mr. Robert Evans, administrative regulations), July 5, 2013
regulations, permanent regulations, Field Office Director, Lexington Field (House Bill (HB) 66 and emergency and
legislation, and revised statutes) that we Office, Office of Surface Mining permanent regulations), and December
received from Kentucky to address a Reclamation and Enforcement, 2675 3, 2013 (revised statutes and permanent
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deficiency in the Kentucky program Regency Road, Lexington, Kentucky regulations). Below is a summary of
regarding reclamation bonds and to 40503. Telephone: (859) 260–3900. those submissions.
revise its program to be administered in Email: bevans@osmre.gov. A. Kentucky Response (First
a manner consistent with SMCRA and In addition, you may review a copy of Submission, September 28, 2012): We
the Federal regulations. the amendment during regular business announced receipt of the submission on
This document gives the times and hours at the following location: Mr. September 28, 2012, (first amendment
locations that this proposed amendment Steve Hohmann, Commissioner, request) in the February 20, 2013
to the Kentucky program is available for Kentucky Department for Natural Federal Register (78 FR 11796). We are
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Document Created: 2015-12-18 11:46:57
Document Modified: 2015-12-18 11:46:57
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments must be received by April 27, 2015. | |
| Contact | Tricia Francis, Executive Office for United States Attorneys, FOIA/Privacy Act Staff, 600 E Street NW., Suite 7300, Washington, DC 20530, or by facsimile at (202) 252-6047. | |
| FR Citation | 80 FR 15951 | |
| CFR Associated | Administrative Practices and Procedures; Courts; Freedom of Information Act; Government in the Sunshine Act and Privacy Act |
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