81 FR 88998 - Tennessee Valley Authority Procedures

TENNESSEE VALLEY AUTHORITY

Federal Register Volume 81, Issue 237 (December 9, 2016)

Page Range		88998-88999
FR Document		2016-29457

The Tennessee Valley Authority is amending its regulations which contain TVA's procedures for the Privacy Act. These amendments reflect changes in position titles and addresses; conform references to Privacy Act systems of records to the most current publication of TVA's Privacy Act Systems Notices in the Federal Register; and make other editorial changes.

Federal Register, Volume 81 Issue 237 (Friday, December 9, 2016)

[Federal Register Volume 81, Number 237 (Friday, December 9, 2016)]
[Rules and Regulations]
[Pages 88998-88999]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29457]


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TENNESSEE VALLEY AUTHORITY

18 CFR Part 1301


Tennessee Valley Authority Procedures

AGENCY: Tennessee Valley Authority.

ACTION: Final rule.

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SUMMARY: The Tennessee Valley Authority is amending its regulations 
which contain TVA's procedures for the Privacy Act. These amendments 
reflect changes in position titles and addresses; conform references to 
Privacy Act systems of records to the most current publication of TVA's 
Privacy Act Systems Notices in the Federal Register; and make other 
editorial changes.

DATES: Effective: December 9, 2016.

FOR FURTHER INFORMATION CONTACT: Christopher A. Marsalis, Senior 
Privacy Program Manager, Tennessee Valley Authority, 400 W. Summit Hill 
Dr. (WT 5D), Knoxville, Tennessee 37902-1401; telephone (865) 632-2467 
or by email at [email protected].

SUPPLEMENTARY INFORMATION: Section 1301.24(a) originally contained 
specific exemptions for the TVA system ``Employee Alleged Misconduct 
Investigatory File--TVA.'' Notice that system of records was retired 
appeared in 80 Federal Register 24012 (April 29, 2015). TVA is revising 
Sec.  1301.24(a) to replace the language for ``Employee Alleged 
Misconduct Investigatory File--TVA'' with the specific exemptions for 
the TVA system '' Nuclear Access Authorization and Fitness for Duty 
Records--TVA'' which were first published at 76 FR 1888 (January 11, 
2011).
    This rule was not published in proposed form since it relates to 
agency procedure and practice. TVA considers this rule to be a 
procedural rule which is exempt from notice and comment under 5 U.S.C. 
533(b)(3)(A). This rule is not a significant rule for purposes of 
Executive Order 12866 and has not been reviewed by the Office of 
Management

[[Page 88999]]

and Budget. As required by the Regulatory Flexibility Act, TVA 
certifies that these regulatory amendments will not have a significant 
impact on small business entities. Since this rule is nonsubstantive, 
it is being made effective December 9, 2016.

List of Subjects in 18 CFR Part 1301

    Freedom of Information, Government in the Sunshine, Privacy.

    For the reasons stated in the preamble, TVA amends 18 CFR part 1301 
as follows:

PART 1301--PROCEDURES

0
1. The authority citation for part 1301 continues to read as follows:

    Authority:  16 U.S.C. 831-831dd, 5 U.S.C. 552.

Subpart B--Privacy Act

0
 2. In Sec.  1301.12, revise paragraphs (d) and (f) to read as follows:


Sec.  1301.12  Definitions.

* * * * *
    (d) The term TVA system notice means a notice of a TVA system 
published in the Federal Register pursuant to the Act. TVA has 
published TVA system notices about the following TVA systems:

Apprentice Training Records--TVA.
Personnel Files--TVA.
Discrimination Complaint Files--TVA.
Work Injury Illness System--TVA.
Employee Accounts Receivable--TVA.
Health Records--TVA.
Payroll Records--TVA.
Travel History Records--TVA.
Employment Applicant Files--TVA.
Grievance Records--TVA.
Employee Supplementary Vacancy Announcement Records--TVA.
Consultant and Contractor Records--TVA.
Nuclear Quality Assurance Personnel Records--TVA.
Questionnaire--Land Use Surveys in Vicinity of Proposed or Licensed 
Nuclear Power Plant--TVA.
Radiation Dosimetry Personnel Monitoring Records--TVA.
Retirement System Records--TVA.
Energy Program Participant Records--TVA.
OIG Investigative Records--TVA.
Call Detail Records--TVA.
Project/Tract Files--TVA.
Section 26a Permit Application Records--TVA.
U.S. TVA Police Records--TVA.
Wholesale, Retail, and Emergency Data Files--TVA.
Nuclear Access Authorization and Fitness for Duty Records--TVA.
* * * * *
    (f) The term reviewing official means TVA's Senior Vice President, 
Chief Human Resources Officer (or incumbent of a successor position), 
or another TVA official designated by the Senior Vice President in 
writing to decide an appeal pursuant to Sec.  1301.19;
* * * * *

0
 3. In Sec.  1301.24, revise paragraph (a) to read as follows:


Sec.  1301.24  Specific exemptions.

    (a) The TVA system Nuclear Access Authorization and Fitness for 
Duty Records is exempt from subsections (d); (e)(4)(H); and (f)(2), 
(3), and (4) of 5 U.S.C. 522a (section 3 of the Privacy Act of 1974) to 
the extent that disclosure of material would reveal the identity of a 
source who furnished information to the Government under an express 
promise that the identity of the source would be held in confidence, 
and to the extent that disclosure of testing or examination material 
would compromise the objectivity or fairness of the testing or 
examination process. This exemption is pursuant to 5 U.S.C. 552a (k)(5) 
and (6).
* * * * *

Philip D. Propes,
Director, Enterprise Information Security and Policy.
[FR Doc. 2016-29457 Filed 12-8-16; 8:45 am]
 BILLING CODE 8120-08-P

88998 Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Rules and Regulations

paragraph (b)(2), but may provide the (such as any transshipper, processor, or import, export, transport, sell,
total quantity and/or weight of the storage facility or distributor). The latter receive, acquire, or purchase in
product(s) as landed/delivered on the may include widely used commercial interstate or foreign commerce any fish
date of the report. documents such as declarations by the taken, possessed, transported, or sold in
(3) Information on where and when harvesting/carrier vessels or bills of violation of any foreign law or
the fish were harvested and landed: lading. The importer must retain such regulation, or any treaty or in
Area(s) of wild-capture or aquaculture chain-of-custody records in electronic or contravention of a binding conservation
location; Location of aquaculture paper format, and make them available measure adopted by an international
facility; Point(s) of first landing; Date(s) for inspection, at the importer’s/ agreement or organization to which the
of first landing, transshipment or exporter’s place of business for a period United States is a party.
delivery; Name of entity(ies) (processor, of two years from the date of the import. * * * * *
dealer, vessel) to which fish was landed ■ 8. Revise newly redesignated [FR Doc. 2016–29324 Filed 12–8–16; 8:45 am]
or delivered. When an Aggregated § 300.325 to read as follows:
Harvest Report is used, the importer BILLING CODE 3510–22–P

must provide all of the information § 300.325 Prohibitions.
under this paragraph (b)(3). Some In addition to the prohibitions
product offered for entry may be specified in §§ 300.4, 300.117, and TENNESSEE VALLEY AUTHORITY
comprised of products from more than 300.189 and 600.725 and 635.71 of this
one harvest event and each such harvest 18 CFR Part 1301
title, it is unlawful for any person
event relevant to the contents of the subject to the jurisdiction of the United Tennessee Valley Authority
shipment must be documented; States to: Procedures
however, specific links between (a) Violate any provision of this
portions of the shipment and a subpart, or the conditions of any IFTP AGENCY: Tennessee Valley Authority.
particular harvest event are not issued under this subpart; ACTION: Final rule.
required. (b) Import, export or re-export fish or
(4) The NMFS-issued IFTP number for fish products regulated under this SUMMARY: The Tennessee Valley
the importer of record. subpart, including imports or exports Authority is amending its regulations
(c) The importer of record, either otherwise eligible for informal filing which contain TVA’s procedures for the
directly or through an entry filer, is procedures or the de minimis value Privacy Act. These amendments reflect
required to submit the data under exemption from filing requirements changes in position titles and addresses;
paragraph (b) of this section through under CBP procedures, without a valid conform references to Privacy Act
ACE as a message set and/or image files IFTP as required under § 300.322 or systems of records to the most current
in conformance with the procedures and without submitting complete and publication of TVA’s Privacy Act
formats prescribed by the NMFS accurate information as required under Systems Notices in the Federal Register;
Implementation Guide and CBP and § 300.323; and and make other editorial changes.
made available at: http://www.cbp.gov/ (c) Import species listed in DATES: Effective: December 9, 2016.
trade/ace/catair. All harvest events § 300.324(a) without a valid IFTP or FOR FURTHER INFORMATION CONTACT:
contributing to the inbound shipment without submitting complete and
must be reported, but links between Christopher A. Marsalis, Senior Privacy
accurate information as required under Program Manager, Tennessee Valley
portions of the shipment and particular § 300.324(b) and (c) or without
harvest events are not required. Authority, 400 W. Summit Hill Dr. (WT
maintaining for inspection records as 5D), Knoxville, Tennessee 37902–1401;
(d) Import shipments of fish or fish
required under § 300.324(d) and (e). telephone (865) 632–2467 or by email at
products subject to this program may be
selected for inspection and/or the 50 CFR Chapter VI—Fishery camarsalis@tva.gov.
information or records supporting entry Conservation and Management, SUPPLEMENTARY INFORMATION: Section
may be selected for audit, on a pre- or National Oceanic and Atmospheric 1301.24(a) originally contained specific
post-release basis, in order to verify the Administration, Department of exemptions for the TVA system
information submitted at entry. To Commerce ‘‘Employee Alleged Misconduct
support such audits, the importer must Investigatory File—TVA.’’ Notice that
retain records of the information PART 600—MAGNUSON-STEVENS system of records was retired appeared
reported at entry under paragraph (b) of ACT PROVISIONS in 80 Federal Register 24012 (April 29,
this section in electronic or paper 2015). TVA is revising § 1301.24(a) to
format, and make them available for ■ 9. The authority citation for part 600 replace the language for ‘‘Employee
inspection, at the importer’s place of continues to read as follows: Alleged Misconduct Investigatory File—
business for a period of two years from Authority: 5 U.S.C. 561 and 16 U.S.C. TVA’’ with the specific exemptions for
the date of the import. 1801 et seq. the TVA system ’’ Nuclear Access
(e) In addition to the entry ■ 10. In § 600.725, revise paragraph (a) Authorization and Fitness for Duty
recordkeeping requirements specified at to read as follows: Records—TVA’’ which were first
19 CFR part 163 and § 300.323(b), the published at 76 FR 1888 (January 11,
importer of record is required to § 600.725 General prohibitions. 2011).
maintain records containing information * * * * * This rule was not published in
on the chain of custody of the fish or (a) Possess, have custody or control proposed form since it relates to agency
mstockstill on DSK3G9T082PROD with RULES

fish products sufficient to trace the fish of, ship, transport, offer for sale, sell, procedure and practice. TVA considers
or fish product from point of entry into purchase, land, import, export or re- this rule to be a procedural rule which
U.S. commerce back to the point of export, any fish or parts thereof taken or is exempt from notice and comment
harvest, including individual or retained in violation of the Magnuson- under 5 U.S.C. 533(b)(3)(A). This rule is
Aggregated Harvest Reports, if any, and Stevens Act or any other statute not a significant rule for purposes of
information that identifies each administered by NOAA or any Executive Order 12866 and has not been
custodian of the fish or fish product regulation or permit issued thereunder, reviewed by the Office of Management

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Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Rules and Regulations 88999

and Budget. As required by the (f) The term reviewing official means SUPPLEMENTARY INFORMATION:
Regulatory Flexibility Act, TVA certifies TVA’s Senior Vice President, Chief
Paperwork Reduction Act
that these regulatory amendments will Human Resources Officer (or incumbent
not have a significant impact on small of a successor position), or another TVA The collection of information
business entities. Since this rule is official designated by the Senior Vice contained in these final regulations has
nonsubstantive, it is being made President in writing to decide an appeal been reviewed and approved by the
effective December 9, 2016. pursuant to § 1301.19; Office of Management and Budget in
* * * * * accordance with the Paperwork
List of Subjects in 18 CFR Part 1301 Reduction Act of 1995 (44 U.S.C.
■ 3. In § 1301.24, revise paragraph (a) to
Freedom of Information, Government 3507(d)) under control number 1545–
read as follows: 1347. The collection of information in
in the Sunshine, Privacy.
For the reasons stated in the § 1301.24 Specific exemptions. these final regulations is in § 1.148–
preamble, TVA amends 18 CFR part (a) The TVA system Nuclear Access 1(f)(2)(ii), which requires the
1301 as follows: Authorization and Fitness for Duty underwriter to provide to the issuer a
Records is exempt from subsections (d); certification and reasonable supporting
PART 1301—PROCEDURES (e)(4)(H); and (f)(2), (3), and (4) of 5 documentation for use of the initial
U.S.C. 522a (section 3 of the Privacy Act offering price to the public, § 1.148–
■ 1. The authority citation for part 1301 1(f)(2)(iii), which requires the issuer to
continues to read as follows: of 1974) to the extent that disclosure of
material would reveal the identity of a obtain a certification from the
Authority: 16 U.S.C. 831–831dd, 5 U.S.C. underwriter for competitive sales, and
source who furnished information to the
552. § 1.148–1(f)(2)(iv), which requires the
Government under an express promise
issuer to identify in its books and
Subpart B—Privacy Act that the identity of the source would be
records the rule used to determine the
held in confidence, and to the extent
issue price of the bonds. The
■ 2. In § 1301.12, revise paragraphs (d) that disclosure of testing or examination
respondents are issuers of tax-exempt
and (f) to read as follows: material would compromise the
bonds that want to apply the special
objectivity or fairness of the testing or
§ 1301.12 Definitions. rules in § 1.148–1(f)(2) to determine the
examination process. This exemption is
* * * * * issue price of the bonds.
pursuant to 5 U.S.C. 552a (k)(5) and (6).
(d) The term TVA system notice An agency may not conduct or
* * * * * sponsor, and a person is not required to
means a notice of a TVA system
published in the Federal Register Philip D. Propes, respond to, a collection of information
pursuant to the Act. TVA has published Director, Enterprise Information Security and unless it displays a valid control
TVA system notices about the following Policy. number assigned by the Office of
TVA systems: [FR Doc. 2016–29457 Filed 12–8–16; 8:45 am] Management and Budget.
Books or records relating to a
Apprentice Training Records—TVA. BILLING CODE 8120–08–P
collection of information must be
Personnel Files—TVA. retained as long as their contents may
Discrimination Complaint Files—TVA. become material in the administration
Work Injury Illness System—TVA. DEPARTMENT OF THE TREASURY of any internal revenue law. Generally
Employee Accounts Receivable—TVA.
Health Records—TVA. Internal Revenue Service tax returns and tax return information
Payroll Records—TVA. are confidential, as required by section
Travel History Records—TVA. 26 CFR Part 1 6103.
Employment Applicant Files—TVA. Background
Grievance Records—TVA. [TD 9801]
Employee Supplementary Vacancy This document contains amendments
RIN 1545–BM46
Announcement Records—TVA. to the Income Tax Regulations (26 CFR
Consultant and Contractor Records— Issue Price Definition for Tax-Exempt part 1) on the arbitrage investment
TVA. Bonds restrictions under section 148 of the
Nuclear Quality Assurance Personnel Internal Revenue Code (Code). On June
Records—TVA. AGENCY: Internal Revenue Service (IRS), 18, 1993, the Department of the
Questionnaire—Land Use Surveys in Treasury. Treasury (Treasury Department) and the
Vicinity of Proposed or Licensed ACTION: Final regulations. IRS published comprehensive final
Nuclear Power Plant—TVA. regulations in the Federal Register (TD
SUMMARY: This document contains final 8476, 58 FR 33510) on the arbitrage
Radiation Dosimetry Personnel
regulations on the definition of issue investment restrictions and related
Monitoring Records—TVA.
price for purposes of the arbitrage provisions for tax-exempt bonds under
Retirement System Records—TVA.
Energy Program Participant Records— investment restrictions that apply to tax- sections 103, 148, 149, and 150. Since
TVA. exempt bonds and other tax-advantaged that time, those final regulations have
OIG Investigative Records—TVA. bonds. These final regulations affect been amended in various limited
Call Detail Records—TVA. State and local governments that issue respects, including most recently in
Project/Tract Files—TVA. tax-exempt bonds and other tax- final regulations published in the
Section 26a Permit Application advantaged bonds. Federal Register (TD 9777, 81 FR
mstockstill on DSK3G9T082PROD with RULES

Records—TVA. DATES: Effective date: These regulations 46582) on July 18, 2016 (the regulations
U.S. TVA Police Records—TVA. are effective on December 9, 2016. issued in 1993 and the various
Wholesale, Retail, and Emergency Data Applicability date: For the date of amendments thereto are collectively
Files—TVA. applicability, see § 1.148–11(m). referred to as the Existing Regulations).
Nuclear Access Authorization and FOR FURTHER INFORMATION CONTACT: A notice of proposed rulemaking was
Fitness for Duty Records—TVA. Lewis Bell at (202) 317–6980 (not a toll- published in the Federal Register (78
* * * * * free number). FR 56842; REG–148659–07) on

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Document Created: 2018-02-14 09:04:00
Document Modified: 2018-02-14 09:04:00

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		Effective: December 9, 2016.
Contact		Christopher A. Marsalis, Senior Privacy Program Manager, Tennessee Valley Authority, 400 W. Summit Hill Dr. (WT 5D), Knoxville, Tennessee 37902-1401; telephone (865) 632-2467 or by email at [email protected]
FR Citation		81 FR 88998
CFR Associated		Freedom of Information; Government in the Sunshine and Privacy