81 FR 8834 - Privacy Act; STATE-75, Family Advocacy Case Records

DEPARTMENT OF STATE

Federal Register Volume 81, Issue 35 (February 23, 2016)

Page Range		8834-8835
FR Document		2016-03630

The Department of State (the Department) finalizes its rule exempting portions of the Family Advocacy Case Records, State-75, from one or more provisions of the Privacy Act of 1974.

Federal Register, Volume 81 Issue 35 (Tuesday, February 23, 2016)

[Federal Register Volume 81, Number 35 (Tuesday, February 23, 2016)]
[Rules and Regulations]
[Pages 8834-8835]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03630]


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DEPARTMENT OF STATE

22 CFR Part 171

[Public Notice: 9448]
RIN 1400-AD78


Privacy Act; STATE-75, Family Advocacy Case Records

AGENCY: Department of State.

ACTION: Final rule.

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SUMMARY: The Department of State (the Department) finalizes its rule 
exempting portions of the Family Advocacy Case Records, State-75, from 
one or more provisions of the Privacy Act of 1974.

DATES: This rule is effective on February 23, 2016.

FOR FURTHER INFORMATION CONTACT: John Hackett, Director; Office of 
Information Programs and Services, A/GIS/IPS; Department of State, SA-
2; 515 22nd Street NW., Washington, DC 20522-8001, or at 
[email protected].

SUPPLEMENTARY INFORMATION: The Department maintains the Family Advocacy 
Case Records system of records. The primary purpose of this system of 
records is to be utilized at post by members of the Family Advocacy 
Team and in the Department of State by the Family Advocacy Committee. 
The information may be shared within the Department on a need to know 
basis and in medical clearance determinations for overseas assignment 
of covered employees and family members, as well as for making 
determinations involving curtailment, medical evacuation, suitability, 
and security clearance.
    The Department published a notice of proposed rulemaking (NPRM) on 
September 9, 2015, (80 FR 54256) proposing to amend 22 CFR part 171 to 
exempt portions of this system of records from the following 
subsections of the Privacy Act pursuant to subsections (k)(1) and 
(k)(2):
     5 U.S.C. 552a(c)(3) (requiring that an accounting of 
certain disclosures be made available to an individual upon request);
     5 U.S.C. 552a(d) (establishing requirements related to an 
individual's right to access and request amendment to certain records);
     5 U.S.C. 552a(e)(1) (providing that an agency that 
maintains a system of records shall ``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 by executive order of the President'');
     5 U.S.C. 552a(e)(4)(G) (requiring that an agency that 
maintains a system of records publish in the Federal Register ``the 
agency procedures whereby an individual can be notified at his request 
if the system of records contains a record pertaining to him'');
     5 U.S.C. 552a(e)(4)(H) (requiring that an agency that 
maintains a system of records publish in the Federal Register ``the 
agency procedures whereby an individual can be notified at his request 
how he can gain access to any record pertaining to him contained in the 
system of records, and how he can contest its content'');
     5 U.S.C. 552a(e)(4)(I) (requiring that an agency that 
maintains a system of records publish in the Federal Register ``the 
categories of sources of records in the system''); and
     5 U.S.C. 552a(f) (requiring that an agency that maintains 
a system of records promulgate certain regulations).
    STATE-75 is exempted under subsection (k)(1) to the extent that 
records within that system are subject to the provisions of 5 U.S.C. 
552(b)(1), which covers materials that: (i) Are specifically authorized 
under criteria established by an Executive order to be kept secret in 
the interest of national defense and foreign policy, and (ii) are in 
fact properly classified pursuant to such Executive order. STATE-75 is 
exempted under subsection (k)(2) to the extent that records within that 
system are comprised of investigatory material compiled for law 
enforcement purposes, subject to the limitations set forth in 
subsection (k)(2). The subsection (k)(2) exemption is intended to 
prevent individuals who are the subject of investigation from 
frustrating the investigatory process, facilitate the proper 
functioning and integrity of law enforcement activities, prevent 
disclosure of investigative techniques, maintain the confidence of 
foreign governments in the integrity of the procedures under which 
privileged or confidential information may be provided, fulfill 
commitments made to sources to protect their identities and the 
confidentiality of information, and avoid endangering sources and law 
enforcement personnel.
    For additional background, see the NPRM published on September 9, 
2015. (80 FR 54256) and the system of records notice published on 
January 5, 2009 (74 FR 330). The Department received no public comments 
on these documents.

List of Subjects in 22 CFR Part 171

    Privacy.

    For the reasons stated in the preamble, 22 CFR part 171 is amended 
as follows:

[[Page 8835]]

PART 171--[AMENDED]

0
1. The authority citation for part 171 continues to read as follows:

    Authority:  5 U.S.C. 552, 552a; 22 U.S.C. 2651a; Pub. L. 95-521, 
92 Stat. 1824, as amended; E.O. 13526, 75 FR 707; E.O. 12600, 52 FR 
23781, 3 CFR, 1987 Comp., p. 235.


Sec.  171.36  [Amended]

0
2. Section 171.36 is amended by adding an entry, in alphabetical order, 
for ``Family Advocacy Case Records, State-75'' to the lists in 
paragraphs (b)(1) and (2)

Joyce A. Barr,
Assistant Secretary for Administration, U.S. Department of State.
[FR Doc. 2016-03630 Filed 2-22-16; 8:45 am]
 BILLING CODE 4710-36-P

8834 Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Rules and Regulations

INFORMATION section for electronic DEPARTMENT OF STATE of records publish in the Federal
access to the SECG. Register ‘‘the agency procedures
22 CFR Part 171 whereby an individual can be notified at
FOR FURTHER INFORMATION CONTACT:
[Public Notice: 9448] his request if the system of records
Vincent de Jesus, Center for Food Safety
contains a record pertaining to him’’);
and Applied Nutrition (HFS–830), Food RIN 1400–AD78
and Drug Administration, 5100 Paint • 5 U.S.C. 552a(e)(4)(H) (requiring
Branch Pkwy., College Park, MD 20740, Privacy Act; STATE–75, Family that an agency that maintains a system
240–402–1774. Advocacy Case Records of records publish in the Federal
Register ‘‘the agency procedures
SUPPLEMENTARY INFORMATION: AGENCY: Department of State. whereby an individual can be notified at
ACTION: Final rule. his request how he can gain access to
I. Background
any record pertaining to him contained
In the Federal Register of April 28, SUMMARY: The Department of State (the in the system of records, and how he
2014 (79 FR 23262), (see also Docket Department) finalizes its rule exempting can contest its content’’);
Nos. FDA–2007–0601, FDA–2004–N– portions of the Family Advocacy Case • 5 U.S.C. 552a(e)(4)(I) (requiring that
0382, FDA–2005–P–0371, and FDA– Records, State–75, from one or more an agency that maintains a system of
2006–P–0224 (formerly Docket Nos. provisions of the Privacy Act of 1974. records publish in the Federal Register
2004N–0217, 2005P–0189, and 2006P– DATES: This rule is effective on February ‘‘the categories of sources of records in
0137)), we issued a final rule 23, 2016. the system’’); and
prohibiting certain nutrient content FOR FURTHER INFORMATION CONTACT: John • 5 U.S.C. 552a(f) (requiring that an
claims for foods, including conventional Hackett, Director; Office of Information agency that maintains a system of
foods and dietary supplements, that Programs and Services, A/GIS/IPS; records promulgate certain regulations).
contain omega-3 fatty acids based on Department of State, SA–2; 515 22nd STATE–75 is exempted under
our determination that such nutrient Street NW., Washington, DC 20522– subsection (k)(1) to the extent that
content claims do not meet the 8001, or at Privacy@state.gov. records within that system are subject to
requirements of the Federal Food, Drug, SUPPLEMENTARY INFORMATION: The the provisions of 5 U.S.C. 552(b)(1),
and Cosmetics Act. The final rule Department maintains the Family which covers materials that: (i) Are
became effective January 1, 2016. Advocacy Case Records system of specifically authorized under criteria
We examined the economic records. The primary purpose of this established by an Executive order to be
implications of the final rule as required system of records is to be utilized at kept secret in the interest of national
by the Regulatory Flexibility Act (5 post by members of the Family defense and foreign policy, and (ii) are
U.S.C. 601–612) and determined that Advocacy Team and in the Department in fact properly classified pursuant to
the final rule may have a significant of State by the Family Advocacy such Executive order. STATE–75 is
economic impact on a substantial Committee. The information may be exempted under subsection (k)(2) to the
number of small entities. In compliance shared within the Department on a need extent that records within that system
with section 212 of the Small Business to know basis and in medical clearance are comprised of investigatory material
Regulatory Enforcement Fairness Act determinations for overseas assignment compiled for law enforcement purposes,
(Pub. L. 104–121, as amended by Pub. of covered employees and family subject to the limitations set forth in
L. 110–28), we are making available the members, as well as for making subsection (k)(2). The subsection (k)(2)
SECG to explain the actions that a small determinations involving curtailment, exemption is intended to prevent
entity must take to comply with the medical evacuation, suitability, and individuals who are the subject of
rule. security clearance. investigation from frustrating the
The Department published a notice of investigatory process, facilitate the
We are issuing the SECG consistent proposed rulemaking (NPRM) on
with our good guidance practices proper functioning and integrity of law
September 9, 2015, (80 FR 54256) enforcement activities, prevent
regulation (21 CFR 10.115(c)(2)). The proposing to amend 22 CFR part 171 to
SECG represents the current thinking of disclosure of investigative techniques,
exempt portions of this system of maintain the confidence of foreign
the FDA on this topic. It does not records from the following subsections
establish any rights for any person and governments in the integrity of the
of the Privacy Act pursuant to procedures under which privileged or
is not binding on FDA or the public. subsections (k)(1) and (k)(2):
You can use an alternative approach if confidential information may be
• 5 U.S.C. 552a(c)(3) (requiring that provided, fulfill commitments made to
it satisfies the requirements of the an accounting of certain disclosures be
applicable statutes and regulations. sources to protect their identities and
made available to an individual upon the confidentiality of information, and
II. Electronic Access request); avoid endangering sources and law
• 5 U.S.C. 552a(d) (establishing enforcement personnel.
Persons with access to the Internet requirements related to an individual’s
For additional background, see the
may obtain the SECG at either http:// right to access and request amendment
NPRM published on September 9, 2015.
www.fda.gov/FoodGuidances or http:// to certain records);
• 5 U.S.C. 552a(e)(1) (providing that (80 FR 54256) and the system of records
www.regulations.gov. Use the FDA Web
an agency that maintains a system of notice published on January 5, 2009 (74
site listed in the previous sentence to
FR 330). The Department received no
asabaliauskas on DSK5VPTVN1PROD with RULES

find the most current version of the records shall ‘‘maintain in its records
only such information about an public comments on these documents.
guidance.
Dated: February 18, 2016. individual as is relevant and necessary List of Subjects in 22 CFR Part 171
to accomplish a purpose of the agency
Leslie Kux,
required to be accomplished by statute Privacy.
Associate Commissioner for Policy. or by executive order of the President’’); For the reasons stated in the
[FR Doc. 2016–03697 Filed 2–22–16; 8:45 am] • 5 U.S.C. 552a(e)(4)(G) (requiring preamble, 22 CFR part 171 is amended
BILLING CODE 4164–01–P that an agency that maintains a system as follows:

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Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Rules and Regulations 8835

PART 171—[AMENDED] provides that, to the extent provided by the reporting threshold in § 1.6038D–
the Secretary in regulations or other 2T(a)(1) to determine whether it is a
■ 1. The authority citation for part 171 guidance, section 6038D shall apply to specified domestic entity. In making
continues to read as follows: any domestic entity which is formed or this determination, the proposed
Authority: 5 U.S.C. 552, 552a; 22 U.S.C. availed of for purposes of holding, regulations require a corporation or
2651a; Pub. L. 95–521, 92 Stat. 1824, as directly or indirectly, specified foreign partnership to take into account the
amended; E.O. 13526, 75 FR 707; E.O. 12600, financial assets, in the same manner as aggregation rules in proposed
52 FR 23781, 3 CFR, 1987 Comp., p. 235. if the entity were an individual. § 1.6038D–6(b)(4)(i). Proposed
On December 19, 2011, the §§ 1.6038D–6(b)(1)(i) and 1.6038D–
§ 171.36 [Amended]
Department of the Treasury (Treasury 6(c)(1), however, suggested that a
■ 2. Section 171.36 is amended by Department) and the Internal Revenue specified domestic entity is required to
adding an entry, in alphabetical order, Service (IRS) published temporary again apply § 1.6038D–2T(a)(1) to
for ‘‘Family Advocacy Case Records, regulations (the ‘‘2011 temporary determine whether it has a reporting
State–75’’ to the lists in paragraphs regulations’’) (TD 9567) and a notice of requirement.
(b)(1) and (2) proposed rulemaking by cross-reference The Treasury Department and the IRS
to temporary regulations (REG–130302– did not intend for domestic entities to
Joyce A. Barr, apply the reporting threshold described
10) in the Federal Register (76 FR 78553
Assistant Secretary for Administration, U.S. in § 1.6038D–2(a)(1) twice in order to
and 76 FR 78594, respectively)
Department of State. determine their section 6038D reporting
addressing the reporting requirements
[FR Doc. 2016–03630 Filed 2–22–16; 8:45 am] responsibilities. Therefore, these final
under section 6038D. The notice of
BILLING CODE 4710–36–P
proposed rulemaking also included regulations eliminate the requirement to
proposed § 1.6038D–6, which set forth apply § 1.6038D–2(a)(1) as part of
the conditions under which a domestic determining whether an entity is a
DEPARTMENT OF THE TREASURY entity will be considered a specified specified domestic entity. Instead, a
domestic entity and, therefore, required domestic entity that meets the definition
Internal Revenue Service to report specified foreign financial of a specified domestic entity, which
assets in which it holds an interest. under these final regulations is
26 CFR Part 1 Corrections to the 2011 temporary determined without regard to whether
[TD 9752] regulations were published on February the reporting threshold in § 1.6038D–
21, 2012, in the Federal Register (77 FR 2(a)(1) is met, applies the reporting
RIN 1545–BM54 threshold under § 1.6038D–2(a)(1) once,
9845). Corrections to proposed
§ 1.6038D–6 were published on as part of determining whether it has a
Reporting of Specified Foreign filing obligation. The aggregation rule
Financial Assets February 21, 2012, and February 22,
2012, in the Federal Register (77 FR for corporations and partnerships and
AGENCY: Internal Revenue Service (IRS), 9877 and 77 FR 10422, respectively). the rule excluding assets excepted
Treasury. The 2011 temporary regulations were under § 1.6038D–7 from the reporting
ACTION: Final regulations. issued as final regulations (TD 9706; 79 threshold have been moved to
FR 73817) on December 12, 2014 (the § 1.6038D–2(a)(6). These changes are
SUMMARY: This document contains final ‘‘2014 final regulations’’). The Treasury organizational and no change is
regulations providing guidance Department and the IRS did not adopt intended to the substantive reporting
regarding the requirements for certain proposed § 1.6038D–6 (REG–144339–14) requirements for a specified domestic
domestic entities to report specified as a final regulation at that time. entity.
foreign financial assets to the Internal The Treasury Department and the IRS II. Elimination of Principal Purpose Test
Revenue Service. These regulations set received written comments on proposed
forth the conditions under which a Proposed § 1.6038D–6(b)(1)(iii)
§ 1.6038D–6. All comments are available provides that a corporation or
domestic entity will be considered a at www.regulations.gov or upon request.
specified domestic entity required to partnership is treated as formed or
Because no requests to speak were availed of for purposes of holding,
undertake such reporting. These received, no public hearing was held.
regulations affect certain domestic directly or indirectly, specified foreign
After consideration of the comments financial assets if either: (1) At least 50
corporations, partnerships, and trusts. received, the Treasury Department and percent of the corporation or
DATES: Effective date: These regulations the IRS adopt proposed § 1.6038D–6 as partnership’s gross income or assets is
are effective on February 23, 2016. a final regulation with the modifications passive; or (2) at least 10 percent of the
Applicability date: For dates of described herein. corporation or partnership’s gross
applicability, see §§ 1.6038D–2(g) and income or assets is passive and the
Summary of Comments and
1.6038D–6(e). corporation or partnership is formed or
Explanation of Revisions
FOR FURTHER INFORMATION CONTACT: availed of by a specified individual with
Joseph S. Henderson, (202) 317–6942 I. Organizational Changes Regarding the a principal purpose of avoiding section
(not a toll-free number). Reporting Threshold 6038D (the principal purpose test).
SUPPLEMENTARY INFORMATION: Proposed §§ 1.6038D–6(b)(1)(i) and Under proposed § 1.6038D–6(b)(1)(iii),
1.6038D–6(c)(1) provide that, in order to all facts and circumstances are taken
Background
asabaliauskas on DSK5VPTVN1PROD with RULES

be treated as a specified domestic entity, into account to determine whether a
Section 6038D was enacted by section an entity must have an interest in specified individual has a principal
511 of the Hiring Incentives to Restore specified foreign financial assets purpose of avoiding section 6038D.
Employment (HIRE) Act, Public Law (excluding assets excepted under The Treasury Department and the IRS
111–147 (124 Stat. 71). Section 6038D(a) § 1.6038D–7T) that exceeds the believe that a 50-percent passive assets
requires certain individuals to report reporting threshold in § 1.6038D– or income threshold appropriately
information about specified foreign 2T(a)(1). Under the proposed captures situations in which specified
financial assets. Section 6038D(f) regulations, a domestic entity applies individuals may use a domestic

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Document Created: 2018-02-02 14:33:32
Document Modified: 2018-02-02 14:33:32

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		Rules and Regulations
Action		Final rule.
Dates		This rule is effective on February 23, 2016.
Contact		John Hackett, Director; Office of Information Programs and Services, A/GIS/IPS; Department of State, SA- 2; 515 22nd Street NW., Washington, DC 20522-8001, or at [email protected]
FR Citation		81 FR 8834
RIN Number		1400-AD78