80 FR 31336 - Privacy Act; Implementation
DEPARTMENT OF THE TREASURY
Office of the Secretary Federal Register Volume 80, Issue 105 (June 2, 2015)
Office of the Secretary
Federal Register Volume 80, Issue 105 (June 2, 2015)
| Page Range | 31336-31338 | |
| FR Document | 2015-13166 |
[Federal Register Volume 80, Number 105 (Tuesday, June 2, 2015)] [Proposed Rules] [Pages 31336-31338] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-13166] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE TREASURY Office of the Secretary 31 CFR Part 1 RIN 1505-AC50 Privacy Act; Implementation AGENCY: Office of the Comptroller of the Currency, Department of the Treasury. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: In accordance with the requirements of the Privacy Act of 1974, as amended, the Department of the Treasury (Treasury) amends this part to partially exempt a new Office of the Comptroller of the Currency (OCC) system of records entitled ``Treasury/CC .800--Office of Inspector General Investigations System'' from certain provisions of the Privacy Act. DATES: Comments must be received no later than July 2, 2015. ADDRESSES: Because paper mail in the Washington, DC area and at the OCC is subject to delay, commenters are encouraged to submit comments by email, if possible. Please use the title ``Proposed Rule for New Privacy Act System of Records'' to facilitate the organization and distribution of the comments. You may submit comments by any of the following methods:Email: [email protected]. Mail: Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, 400 7th [[Page 31337]] Street SW., Suite 3E-218, Mail Stop 9W-11, Washington, DC 20219. Hand Delivery/Courier: 400 7th Street SW., Suite 3E-218, Mail Stop 9W-11, Washington, DC 20219. Fax: (571) 465-4326. Instructions: You must include ``OCC'' as the agency name and the docket number in your comment. In general, OCC will enter all comments received into the docket without change, including any business or personal information that you provide such as name and address information, email addresses, or phone numbers. Comments received, including attachments and other supporting materials, are part of the public record and subject to public disclosure. Do not enclose any information in your comment or supporting materials that you consider confidential or inappropriate for public disclosure. You may review comments and other related materials that pertain to this notice by appearing personally to inspect and photocopy comments at the OCC, 400 7th Street SW., Washington, DC. For security reasons, the OCC requires that visitors make an appointment to inspect comments. You may do so by calling (202) 649-6700. Upon arrival, visitors will be required to present valid government-issued photo identification and to submit to security screening in order to inspect and photocopy comments. FOR FURTHER INFORMATION CONTACT: Kristin Merritt, Special Counsel, Office of the Comptroller of the Currency, 400 7th Street SW., Washington, DC 20219. SUPPLEMENTARY INFORMATION: Under 5 U.S.C. 552a(k)(2), the head of an agency may promulgate rules to exempt a system of records from certain provisions of 5 U.S.C. 552a if the system is investigatory material compiled for law enforcement purposes. Treasury is hereby giving notice of a proposed rule to exempt ``Treasury/CC .800-Office of Inspector General Investigations System'' from certain provisions of the Privacy Act of 1974, pursuant to 5 U.S.C. 552a(k)(2). The proposed exemption pursuant to 5 U.S.C. 552a(k)(2) is from provisions (c)(3), (d)(1)-(4), (e)(1), (e)(4)(G)-(I), and (f) because the system contains investigatory material compiled for law enforcement purposes. The following are the reasons why this system of records maintained by the OCC is exempt pursuant to 5 U.S.C. 552a(k)(2) of the Privacy Act of 1974: (1) 5 U.S.C. 552a(c)(3). This provision of the Privacy Act provides for the release of the disclosure accounting required by 5 U.S.C. 552a(c)(1) and (2) to the individual named in the record at his/her request. The reasons for exempting this system of records from the foregoing provision are: (i) The release of disclosure accounting would put the subject of an investigation on notice that an investigation exists and that such person is the subject of that investigation. (ii) Such release would provide the subject of an investigation with an accurate accounting of the date, nature, and purpose of each disclosure and the name and address of the person or agency to which disclosure was made. The release of such information to the subject of an investigation would provide the subject with significant information concerning the nature of the investigation and could result in the alteration or destruction of documentary evidence, the improper influencing of witnesses, and other activities that could impede or compromise the investigation. (iii) Release to the individual of the disclosure accounting would alert the individual as to which agencies were investigating the subject and the scope of the investigation and could aid the individual in impeding or compromising investigations by those agencies. (2) 5 U.S.C. 552a(d)(1)-(4), (e)(4)(G), (e)(4)(H), and (f). These provisions of the Privacy Act relate to an individual's right to be notified of: (i) The existence of records pertaining to such individual; (ii) Requirements for identifying an individual who requested access to records; (iii) The agency procedures relating to access to and amendment of records; (iv) The content of the information contained in such records; and (v) The civil remedies available to the individual in the event of an adverse determination by an agency concerning access to or amendment of information contained in record systems. The reasons for exempting this system of records from the foregoing provisions are that notifying an individual (at the individual's request) of the existence of an investigative file pertaining to such individual or granting access to, or the right to amend, such an investigative file pertaining to such individual could allow individuals to learn whether they have been identified as suspects or subjects of an investigation. Such knowledge would impair and interfere with the OCC's, the OIG's, and other agencies' investigative, enforcement, or criminal proceedings because individuals could: (i) Take steps to avoid detection; (ii) Inform associates than an investigation is in process; (iii) Learn the nature of the investigation; (iv) Begin, continue, or resume illegal conduct upon learning that they are not identified in the system of records; (iv) Destroy evidence needed to prove the violation; (v) Constitute an unwarranted invasion of the personal privacy of others; (vi) Disclose the identity of confidential sources and reveal confidential information supplied by such sources; or (vii) Disclose investigative techniques and procedures. (3) 5 U.S.C. 552a(e)(1). This provision of the Privacy Act requires each agency to maintain in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required to be accomplished by statute or executive order. The reasons for exempting this system of records from the foregoing requirements is that: At the time that the OCC collects information it often lacks sufficient time to determine whether the information is relevant and necessary to accomplish the purposes of an investigation. Therefore, what appears relevant and necessary when first received may subsequently be determined to be irrelevant or unnecessary. It is only after the information is evaluated that the relevance and necessity of such information can be established with certainty. (4) 5 U.S.C. 552a(e)(4)(I). This provision of the Privacy Act requires the publication of the categories of sources of records in each system of records. The reasons for claiming an exemption from this provision are as follows: (i) Revealing categories of sources of information could disclose investigative techniques and procedures. (ii) Revealing categories of sources of information could cause sources who supply information to investigators to refrain from giving such information because of fear of reprisal, or fear of breach of promises of anonymity and confidentiality. (iii) Revealing categories of sources could cause informers to refuse to give full information to investigators for fear of having their identities as sources disclosed. Treasury will publish the notice of the proposed new system of records separately in the Federal Register. Pursuant to Executive Order 12866, it has been determined that this proposed rule is not a significant regulatory action, and therefore, does not require a [[Page 31338]] regulatory impact analysis. Because no notice of proposed rulemaking is required, the provisions of the Regulatory Flexibility Act, 5 U.S.C. 601-612, do not apply. The regulation will not have a substantial direct effect on the States, on the relationship between the Federal Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, it is determined that this proposed rule does not have federalism implications under Executive Order 13132. Pursuant to the requirements of the Regulatory Flexibility Act, 5 U.S.C. 601-612, it is hereby certified that these regulations will not significantly affect a substantial number of small entities. The proposed rule imposes no duties or obligations on small entities. List of Subjects in 31 CFR Part 1 Privacy. Part 1, subpart C of title 31 of the Code of Federal Regulations is proposed to be amended as follows: PART 1--[AMENDED] 0 1. The authority citation for part 1 continues to read as follows: Authority: 5 U.S.C. 301 and 31 U.S.C. 321. Subpart A also issued under 5 U.S.C. 552 as amended. Subpart C also issued under 5 U.S.C. 552a. 0 2. Section 1.36 paragraph (g)(1)(iii) is amended by adding the following text to the table in numerical order. Sec. 1.36 Systems exempt in whole or in part from provisions of 5 U.S.C. 552a and this part. (g) * * * (1) * * * (iii) * * * ------------------------------------------------------------------------ Number Name of system ------------------------------------------------------------------------ * * * * * CC .800.......................... Office of Inspector General Investigations System. * * * * * ------------------------------------------------------------------------ * * * * * Dated: May 12, 2015. Helen Goff Foster, Deputy Assistant Secretary for Privacy, Transparency, and Records. [FR Doc. 2015-13166 Filed 6-1-15; 8:45 am] BILLING CODE 4830-33-P
![31336 Federal Register / Vol. 80, No. 105 / Tuesday, June 2, 2015 / Proposed Rules
seeks comments on the relative value of comment on whether the Success Rate reviewed by OMB and determined to
limiting the use of SAFMRs to those Payment Standard regulations (24 CFR likely result in a ‘‘significant regulatory
agencies exhibiting a pattern of HCV 982.503(e)) should continue to use 50th action,’’ as defined in section 3(f) of
tenant concentration in high-poverty percentile FMRs or if these areas would Executive Order 12866, and potentially
areas versus using SAFMRs for all PHAs also benefit from operating under Small an ‘‘economically significant action,’’ as
servicing an area where HCV tenants are Area FMRs. Raising the level of rents provided in section 3(f)(1) of that Order.
concentrated in high-poverty areas. across an entire FMR area to the 50th The docket file is available for public
5. Voluntary participation: Should a percentile may be necessary in areas inspection in the Regulations Division,
PHA be allowed to use SAFMRs even if where current success rates are low; Office of the General Counsel, 451 7th
the PHA or the underlying metropolitan consequently, the Department could Street SW., Room 10276, Washington,
area would not qualify for the use of continue to produce 50th percentile DC 20410–0500. Due to security
SAFMRs? Qualification thresholds as rents for this purpose. Such an area may measures at the HUD Headquarters
discussed above will invariably result in not have enough of a rent differential building, please schedule an
‘‘near misses’’ of areas or PHAs falling and/or may not be in a metropolitan appointment to review the docket file by
just below qualification thresholds, but area and may benefit from the higher calling the Regulations Division at 202–
where PHAs may see value in the payment standard, up to 110 percent of 708–3055 (this is not a toll-free
SAFMR approach for addressing the 50th percentile rent. number). Individuals with speech or
voucher concentration, or providing 8. Relevant PHA Experience: What hearing impairments may access this
better access to opportunity. HUD seeks information do PHAs currently using number via TTY by calling the Federal
comment on whether the choice to use SAFMRs (Dallas area and SAFMR Relay Service at 800–877–8339.
SAFMRs should be entirely up to Demonstration PHAs), or other PHAs
Dated: May 27, 2015.
individual PHAs, or if participation that have used SAFMRs for helping set
should be limited in some way. Housing Choice Voucher payment Katherine M. O’Regan,
6. PBV Use of SAFMRs: Should standards (such as PHAs in the Moving Assistant Secretary for Policy Development
SAFMRs be applied to PBVs at least for to Work Demonstration) have regarding and Research.
future PBV projects? HUD seeks their use of Small Area FMRs? HUD is [FR Doc. 2015–13430 Filed 6–1–15; 8:45 am]
comment on whether the SAFMRs seeking information about the impacts BILLING CODE 4210–67–P
should be applied to PBV assistance as of implementing Small Area FMRs,
well as tenant-based rental assistance. including (but not limited to)
Under the PBV program, one of the administrative burden, tenant outcomes DEPARTMENT OF THE TREASURY
limitations on the amount of subsidy and landlord participation.
that may be paid is that the rent to Office of the Secretary
owner may not exceed 110 percent of Environmental Impact
the applicable FMR (or an exception A Finding of No Significant Impact 31 CFR Part 1
payment standard approved by the with respect to the environment as
RIN 1505–AC50
Secretary) for the unit bedroom size required by the National Environmental
minus any utility allowance. As a result, Policy Act (42 U.S.C. 4321–4374) is Privacy Act; Implementation
the use of SAFMRs for future PBV unnecessary, since the Housing Choice
projects could potentially increase the Voucher Program is categorically AGENCY: Office of the Comptroller of the
number of PBV units that are located in excluded from the Department’s Currency, Department of the Treasury.
areas of opportunity, because the National Environmental Policy Act ACTION: Proposed rule.
SAFMRs would recognize the higher procedures under 24 CFR 50.19(c)(d).
rents that are prevalent in more SUMMARY: In accordance with the
Regulatory Review—Executive Orders requirements of the Privacy Act of 1974,
desirable neighborhoods, rather than 12866 and 13563
applying the same 110 percent FMR as amended, the Department of the
limitation to all PBV projects Executive Order 12866 (Regulatory Treasury (Treasury) amends this part to
throughout the entire metro area, Planning and Review), a determination partially exempt a new Office of the
regardless of the project’s location. must be made whether a regulatory Comptroller of the Currency (OCC)
Because the 110 percent FMR rent action is significant and therefore, system of records entitled ‘‘Treasury/CC
limitation applies not only to the initial subject to review by the Office of .800—Office of Inspector General
rent to owner but also to the re- Management and Budget (OMB) in Investigations System’’ from certain
determined rent to owner during the accordance with the requirements of the provisions of the Privacy Act.
term of the HAP contract, a change to order. Executive Order 13563 DATES: Comments must be received no
SAFMRs could impact the rents for (Improving Regulations and Regulatory later than July 2, 2015.
existing PBV projects and could have an Review) directs executive agencies to ADDRESSES: Because paper mail in the
adverse impact on some PBV projects. analyze regulations that are ‘‘outmoded, Washington, DC area and at the OCC is
Should the applicability of SAFMRs to ineffective, insufficient, or excessively subject to delay, commenters are
PBV be limited to future PBV projects burdensome, and to modify, streamline, encouraged to submit comments by
(or limited in some other manner) so expand, or repeal them in accordance email, if possible. Please use the title
that the change would not potentially with what has been learned. Executive ‘‘Proposed Rule for New Privacy Act
impact the rents of existing PBV Order 13563 also directs that, where System of Records’’ to facilitate the
tkelley on DSK3SPTVN1PROD with PROPOSALS
projects? relevant, feasible, and consistent with organization and distribution of the
7. Success Rate Payment Standards: regulatory objectives, and to the extent comments. You may submit comments
In addition to using Small Area FMRs as permitted by law, agencies are to by any of the following methods:
a tool to alleviate concentrations of identify and consider regulatory • Email: regs.comments@
voucher tenants in high poverty areas, approaches that reduce burdens and occ.treas.gov.
should Small Area FMRs also be used maintain flexibility and freedom of • Mail: Legislative and Regulatory
in areas that qualify for success rate choice for the public. This advance Activities Division, Office of the
payment standards? HUD seeks notice of proposed rulemaking was Comptroller of the Currency, 400 7th
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![31338 Federal Register / Vol. 80, No. 105 / Tuesday, June 2, 2015 / Proposed Rules
regulatory impact analysis. Because no ENVIRONMENTAL PROTECTION Regional Office official hours of
notice of proposed rulemaking is AGENCY business are Monday through Friday,
required, the provisions of the 8:30 a.m. to 4:30 p.m., excluding
Regulatory Flexibility Act, 5 U.S.C. 601– 40 CFR Part 52 Federal holidays.
612, do not apply. [EPA–R05–OAR–2013–0824; FRL–9928–34–
Please see the direct final rule which
Region 5] is located in the Final Rules section of
The regulation will not have a
this Federal Register for detailed
substantial direct effect on the States, on instructions on how to submit
Approval and Promulgation of Air
the relationship between the Federal comments.
Quality Implementation Plans;
Government and the States, or on the
Michigan; Part 3 Rules FOR FURTHER INFORMATION CONTACT:
distribution of power and
responsibilities among the various AGENCY: Environmental Protection Carolyn Persoon, Environmental
levels of government. Therefore, it is Agency (EPA). Engineer, Control Strategies Section, Air
determined that this proposed rule does ACTION: Proposed rule.
Programs Branch (AR–18J),
not have federalism implications under Environmental Protection Agency,
The Environmental Protection
SUMMARY: Region 5, 77 West Jackson Boulevard,
Executive Order 13132.
Agency (EPA) is approving revisions to Chicago, Illinois 60604, (312)353–8290,
Pursuant to the requirements of the the Part 3 rules into the Michigan State persoon.carolyn@epa.gov.
Regulatory Flexibility Act, 5 U.S.C. 601– Implementation Plan (SIP). On SUPPLEMENTARY INFORMATION: In the
612, it is hereby certified that these December 13, 2013, the Michigan Final Rules section of this Federal
regulations will not significantly affect a Department of Environmental Quality Register, EPA is approving the state’s
substantial number of small entities. (MDEQ) submitted to EPA for approval SIP submittal as a direct final rule
The proposed rule imposes no duties or revisions to Part 3, Emission Limitations without prior proposal because the
obligations on small entities. and Prohibitions—Particulate Matter Agency views this as a noncontroversial
List of Subjects in 31 CFR Part 1 (PM), for open burning and electro-static submittal and anticipates no adverse
precipitators (ESPs). The revisions for comments. A detailed rationale for the
Privacy. open burning eliminate specific approval is set forth in the direct final
provisions to allow household waste rule. If no adverse comments are
Part 1, subpart C of title 31 of the burning, and add a provision to allow received in response to this rule, no
Code of Federal Regulations is proposed for burning of fruit and vegetable storage further activity is contemplated. If EPA
to be amended as follows: bins for pest or disease control with receives adverse comments, the direct
specific location limitations. The SIP final rule will be withdrawn and all
PART 1—[AMENDED]
request also removes rule 330 dealing public comments received will be
with operation parameters for addressed in a subsequent final rule
■ 1. The authority citation for part 1 electrostatic precipitators because of based on this proposed rule. EPA will
continues to read as follows: redundancy, and rule 349 dealing with not institute a second comment period.
Authority: 5 U.S.C. 301 and 31 U.S.C. 321. compliance dates for coke ovens Any parties interested in commenting
Subpart A also issued under 5 U.S.C. 552 as because it is now obsolete. EPA is on this action should do so at this time.
amended. Subpart C also issued under 5 approving this SIP revision because it Please note that if EPA receives adverse
U.S.C. 552a. will not interfere with attainment or comment on an amendment, paragraph,
maintenance of the fine particulate or section of this rule and if that
■ 2. Section 1.36 paragraph (g)(1)(iii) is
matter (PM2.5) National Ambient Air provision may be severed from the
amended by adding the following text to
Quality Standard (NAAQS). remainder of the rule, EPA may adopt
the table in numerical order.
DATES: Comments must be received on as final those provisions of the rule that
§ 1.36 Systems exempt in whole or in part or before July 2, 2015. are not the subject of an adverse
from provisions of 5 U.S.C. 552a and this ADDRESSES: Submit your comments, comment. For additional information,
part. identified by Docket ID No. EPA–R05– see the direct final rule which is located
OAR–2013–0824, by one of the in the Rules section of this Federal
(g) * * * Register.
following methods:
(1) * * * 1. www.regulations.gov: Follow the Dated: May 18, 2015.
(iii) * * * on-line instructions for submitting Susan Hedman,
comments. Regional Administrator, Region 5.
Number Name of system 2. Email: blakley.pamela@epa.gov.
[FR Doc. 2015–13119 Filed 6–1–15; 8:45 am]
3. Fax: (312) 692–2450.
4. Mail: Pamela Blakley, Chief, BILLING CODE 6560–50–P
* * * * * Control Strategies Section, Air Programs
CC .800 Office of Inspector General Inves- Branch (AR–18J), U.S. Environmental
ENVIRONMENTAL PROTECTION
tigations System. Protection Agency, 77 West Jackson
AGENCY
Boulevard, Chicago, Illinois 60604.
* * * * * 5. Hand Delivery: Pamela Blakley, 40 CFR Part 271
Chief, Control Strategies Section, Air
[EPA–R10–RCRA–2015–0307; FRL–9928–
tkelley on DSK3SPTVN1PROD with PROPOSALS
* * * * * Programs Branch (AR–18J), U.S.
Environmental Protection Agency, 77 38–Region 10]
Dated: May 12, 2015.
West Jackson Boulevard, Chicago,
Helen Goff Foster, Idaho: Authorization of State
Illinois 60604. Such deliveries are only
Deputy Assistant Secretary for Privacy, Hazardous Waste Management
accepted during the Regional Office
Transparency, and Records. Program Revision
normal hours of operation, and special
[FR Doc. 2015–13166 Filed 6–1–15; 8:45 am] arrangements should be made for AGENCY: Environmental Protection
BILLING CODE 4830–33–P deliveries of boxed information. The Agency (EPA).
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Document Created: 2015-12-15 15:11:41
Document Modified: 2015-12-15 15:11:41
| 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 | Proposed rule. | |
| Dates | Comments must be received no later than July 2, 2015. | |
| Contact | Kristin Merritt, Special Counsel, Office of the Comptroller of the Currency, 400 7th Street SW., Washington, DC 20219. | |
| FR Citation | 80 FR 31336 | |
| RIN Number | 1505-AC50 |
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