83 FR 54297 - Right to Financial Privacy Act

DEPARTMENT OF DEFENSE
Office of the Secretary

Federal Register Volume 83, Issue 209 (October 29, 2018)

Page Range		54297-54300
FR Document		2018-23396

This proposed rule describes the procedures that the Department of Defense (DoD) is proposing to follow when seeking access to customer records maintained by financial institutions. These updates are required to fulfill DoD's responsibilities under the Right to Financial Privacy Act.

Federal Register, Volume 83 Issue 209 (Monday, October 29, 2018)

[Federal Register Volume 83, Number 209 (Monday, October 29, 2018)]
[Proposed Rules]
[Pages 54297-54300]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-23396]

[[Page 54297]]

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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 275

[Docket ID: DOD-2018-OS-0026]
RIN 0790-AK01

Right to Financial Privacy Act

AGENCY: Department of Defense.

ACTION: Proposed rule.

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SUMMARY: This proposed rule describes the procedures that the
Department of Defense (DoD) is proposing to follow when seeking access
to customer records maintained by financial institutions. These updates
are required to fulfill DoD's responsibilities under the Right to
Financial Privacy Act.

DATES: Comments must be received by December 28, 2018.

ADDRESSES: You may submit comments, identified by docket number and/or
RIN number and title, by any of the following methods:
Federal Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Department of Defense, Office of the Chief
Management Officer, Directorate of Oversight and Compliance, 4800 Mark
Center Drive, Mailbox #24, Suite 08D09, Alexandria, VA 22350-1700.
Instructions: All submissions received must include the agency name
and docket number or Regulatory Information Number (RIN) for this
document. The general policy is for submissions to be made available
for public viewing at http://www.regulations.gov without change,
including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Cindy Allard, (703) 571-0086.

SUPPLEMENTARY INFORMATION:

Authority and Background

The Right to Financial Privacy Act of 1978, Public Law. No. 95-630,
was enacted to provide the financial records of financial institution
customers a reasonable amount of privacy from federal government
scrutiny. The Act, which became effective in March 1979, establishes
specific procedures that government authorities must follow when
requesting a customer's financial records from a bank or other
financial institution. It also imposes duties and limitations on
financial institutions prior to the release of information sought by
government agencies. In addition, the act generally requires that
customers receive:
--A written notice of the federal authority's intent to obtain
financial records
--An explanation of the purpose for which the records are sought
--A statement describing procedures to follow if the customer does not
wish such records or information to be made available
Certain exceptions allow for delayed notice or no customer notice
at all. Prior to passage of the Act, bank customers were not informed
that their personal financial records were being turned over to a
government authority and could not challenge government access to the
records. In United States v. Miller (425 U.S. 435 (1976)), the Supreme
Court held that because financial records are maintained by a financial
institution, the records belong to the institution rather than the
customer; therefore, the customer has no protectable legal interest in
the bank's records and cannot limit government access to those records.
It was principally in response to this decision that the Right to
Financial Privacy Act was enacted.

Coverage

Coverage under the Act specifically extends to customers of
financial institutions. A customer is defined as any person or
authorized representative of that person who uses or has used any
service of a financial institution. The definition also includes any
person for whom the financial institution acts as a fiduciary.
Corporations and partnerships of six or more individuals are not
considered customers for purposes of the Act.

Requirements

To obtain access to, copies of, or information contained in a
customer's financial records, a government authority, generally, must
first obtain one of the following:

--An authorization, signed and dated by the customer, that identifies
the records, the reasons the records are being requested, and the
customer's rights under the Act
--An administrative subpoena or summons
--A search warrant
--A judicial subpoena
--A formal written request by a government agency (to be used only if
no administrative summons or subpoena authority is available)

A financial institution may not release a customer's financial
records until the government authority seeking the records certifies in
writing that it has complied with the applicable provision of the Act.
In addition, the institution must maintain a record of all instances in
which a customer's records are disclosed to a government authority
pursuant to customer authorization. The records should include the
date, the name of the government authority, and an identification of
the records disclosed. Generally, the customer has a right to inspect
the records. Although there are no specific record-retention
requirements in the act, financial institutions should retain copies of
all administrative and judicial subpoenas, search warrants, and formal
written requests given to them by federal government agencies or
departments along with the written certification required. A financial
institution must begin assembling the required information upon receipt
of the agency's summons or subpoena or a judicial subpoena and must be
prepared to deliver the records upon receipt of the written certificate
of compliance.

Cost Reimbursement

With certain exceptions, government entities must reimburse
financial institutions for the cost of providing the information. This
reimbursement may include costs for assembling or providing records,
reproduction and transportation costs, or any other costs reasonably
necessary or incurred in gathering and delivering the requested
information. The Federal Reserve Board's Regulation S establishes rates
and the conditions under which these payments may be made https://www.thefederalregister.org/fdsys/pkg/FR-2009-09-30/pdf/E9-23407.pdf.

Exceptions to Notice and Certification Requirements

In general, exceptions to the notice and certification requirements
cover situations pertinent to routine banking business, information
requested by supervisory agencies, and requests subject to other
statutory requirements. Specific exceptions include records:

--Submitted by financial institutions to any court or agency when
perfecting a security interest, proving a claim in bankruptcy, or
collecting a debt for itself or a fiduciary
--Requested by a supervisory agency in connection with its supervisory,
regulatory, or monetary functions.
--Sought in accordance with procedures authorized by the Internal
Revenue Code (records that are intended to be accessed by procedures
authorized by the Tax Reform Act of 1976)
--Required to be reported in accordance with any federal statute (or
rule promulgated thereunder, such as the Bank Secrecy Act)

[[Page 54298]]

--Requested by the Government Accountability Office for an authorized
proceeding, investigation, examination, or audit directed at a federal
agency
--Subject to a subpoena issued in conjunction with proceedings before a
grand jury (with the exception of cost reimbursement and the restricted
use of grand jury information)
--Requested by a government authority subject to a lawsuit involving
the bank customer (the records may be obtained under the Federal Rules
of Civil and Criminal Procedure)

The Act also allows financial institutions to:

--Release records that are not individually identifiable with a
particular customer
--Notify law enforcement officials if it has information relevant to a
violation of the law

Exceptions to Notice Requirements but Not to Certification Requirements

In certain cases, the Act does not require the customer to be
notified of the request but still requires the federal agency
requesting the information to certify in writing that it has complied
with all applicable provisions of the act. Exceptions to the notice
provisions include:

--Instances in which a financial institution, rather than a customer,
is being investigated
--Requests for records incidental to the processing of a government
loan, loan guaranty, loan insurance agreement, or default on a
government guaranteed or government-insured loan (in this case, the
federal agency must give the loan applicant a notice of the
government's rights to access financial records when the customer
initially applies for the loan. The financial institution is then
required to keep a record of all disclosures made to government
authorities, and the customer is entitled to inspect this record).
--Instances in which the government is engaging in authorized foreign
intelligence activities or the Secret Service is carrying out its
protective functions

Although the Securities and Exchange Commission is covered by the
Act, it can obtain customer records from an institution without prior
notice to the customer by obtaining an order from a U.S. district
court. The agency must, however, provide the certificate of compliance
to the institution along with the court order prohibiting disclosure of
the fact that the documents have been obtained. The court order will
set a delay-of-notification date, after which the customer will be
notified by the institution that the SEC has obtained his or her
records.

Delayed-Notice Requirements

Under certain circumstances, a government entity may request a
court order delaying the customer notice for up to ninety days. This
delay may be granted if the court finds that earlier notice would
result in endangering the life or physical safety of any person, flight
from prosecution, destruction of or tampering with evidence, or
intimidation of potential witnesses or would otherwise seriously
jeopardize or unduly delay an investigation, trial, or official
proceeding. Delayed notice of up to ninety days is also allowed for
search warrants.

Civil Liability

A customer may collect civil penalties from any government agency
or department that obtains, or any financial institution or employee of
the institution who discloses, information in violation of the act.
These penalties include:

--Actual damages,
--$100, regardless of the volume of records involved,
--Court costs and reasonable attorney's fees, and
--Such punitive damages as the court may allow for willful or
intentional violations. An action may be brought up to three years
after the date of the violation or the date the violation was
discovered. A financial institution that relies in good faith on a
federal agency's certification may not be held liable to a customer for
the disclosure of financial records.

Description of Proposed Changes

DoD's current rule was last updated on May 4, 2006 (71 FR 26221).
DoD's proposed revisions seek to only include content relating to those
instances when the Department submits ``formal written requests'' to
financial institutions for customer records, as described by 12 U.S.C.
3408. The final rule will apply DoD-wide to provide consistent
implementation across all components. When the final rule is published
one component-level rule at 32 CFR part 504 will be rescinded.

Expected Costs and Benefits

The primary benefit to a DoD-wide rule is consistent implementation
across the DoD's responsibilities under the Act. The Act requires DoD
to reimburse a financial institution for such costs as are reasonably
necessary and which have been directly incurred based on the rates of
reimbursement established by the Federal Reserve Board in 12 CFR part
219.3. The average cost of reimbursement from DoD to financial
institutions over the past five years is $4,328 and the Department does
not anticipate an increase with the finalization of this rule. DoD has
not paid any civil penalties associated with this rule as discussed in
the Civil Liability section of the rule. DoD welcomes comments on the
costs associated with implementation of the Act.

Regulatory Procedures

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

Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distribute impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rulemaking has been designated a ``significant
regulatory action,'' although not economically significant, under
section 3(f) of Executive Order 12866. Accordingly, the proposed rule
has been reviewed by the Office of Management and Budget (OMB).

Executive Order 13771, ``Reducing Regulation and Controlling Regulatory
Costs''

This proposed rule is not expected to be subject to the
requirements of E.O. 13771 (82 CFR 9339, February 3, 2017) because this
proposed rule is expected to result in no more than de minimis costs.

Public Law 104-4, ``Unfunded Mandates Reform Act'' (2 U.S.C. Ch. 25)

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

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

It has been certified that 32 CFR part 275 is not subject to the
Regulatory Flexibility Act (5 U.S.C. 601) because it does not have a
significant economic

[[Page 54299]]

impact on a substantial number of small entities.

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

It has been certified that 32 CFR part 275 does not impose
reporting or recordkeeping requirements under the Paperwork Reduction
Act of 1995.

Executive Order 13132, ``Federalism''

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

List of Subjects in 32 CFR Part 275

Banks, banking; credit; Privacy.

Accordingly, 32 CFR part 275 is proposed to be revised to read as
follows:

PART 275--RIGHT TO FINANCIAL PRIVACY ACT

Sec.
275.1 Purpose.
275.2 Definitions.
275.3 Authorization.
275.4 Formal written request.
275.5 Certification.
275.6 Cost reimbursement.

Authority: 12 U.S.C. 3401, et seq.

Sec. 275.2 Purpose.

The purpose of this regulation is to authorize DoD Components to
request financial records from a financial institution pursuant to the
formal written request procedure authorized by section 1108 of the Act
and to set forth the conditions under which such requests may be made.

Sec. 275.2 Definitions.

The terms used in this part have the same meaning as similar terms
used in the Right to Financial Privacy Act of 1978, Title XI of Public
Law 95-630.
Act means the Right to Financial Privacy Act of 1978.
DoD Components means the law enforcement activities of the Office
of the Secretary of Defense, the Military Departments, the Office of
the Chairman of the Joint Chiefs of Staff, the Joint Staff, the
Combatant Commands, the Office of the Inspector General of the
Department of Defense, the Defense Agencies, the DoD Field Activities,
and all other organizational entities in the Department of Defense
(hereafter referred to as the ``DoD Components'').

Sec. 275.3 Authorization.

The DoD Components are authorized to request financial records of
any customer from a financial institution pursuant to a formal written
request under the Act only if:
(a) No administrative summons or subpoena authority reasonably
appears to be available to the DoD Component to obtain financial
records for the purpose for which the records are sought;
(b) There is reason to believe that the records sought are relevant
to a legitimate law enforcement inquiry and will further that inquiry;
(c) The request is issued by a supervisory official of a grade
designated by the head of the DoD Component. Officials so designated
shall not delegate this authority to others;
(d) The request adheres to the requirements set forth in Sec.
275.4 of this part; and
(e) The notice requirements required by section 1108(4) of the Act,
or the requirements pertaining to the delay of notice in section 1109
of the Act, and described in 275.3(e) (1) through (e)(5) are satisfied,
except in situations (e.g., section 1113(g)) where no notice is
required.
(1) The notice requirements are satisfied when a copy of the
request has been served on the customer or mailed to the customer's
last known address on or before the date on which the request was made
to the financial institution together with the following notice which
shall state with reasonable specificity the nature of the law
enforcement inquiry: ``Records or information concerning your
transactions held by the financial institution named in the attached
request are being sought by the Department of Defense [or the specific
DoD Component] in accordance with the Right to Financial Privacy Act of
1978 for the following purpose:''
(2) Within ten days of service or within fourteen days of mailing
of a subpoena, summons, or formal written request, a customer may file
a motion to quash an administrative summons or judicial subpoena, or an
application to enjoin a Government authority from obtaining financial
records pursuant to a formal written request, with copies served upon
the Government authority. A motion to quash a judicial subpoena shall
be filed in the court that issued the subpoena. A motion to quash an
administrative summons or an application to enjoin a Government
authority from obtaining records pursuant to a formal written request
shall be filed in the appropriate United States District Court. Such
motion or application shall contain an affidavit or sworn statement
stating:
(i) That the applicant is a customer of the financial institution
from which financial records pertaining to said customer have been
sought; and
(ii) the applicant's reasons for believing that the financial
records sought are not relevant to the legitimate law enforcement
inquiry stated by the Government authority in its notice, or that there
has not been substantial compliance within the provisions of Public Law
95-630.
Service shall be made upon a Government authority by delivering or
mailing by registered or certified mail a copy of the papers to the
person, office, or department specified in the notice which the
customer has received a request.
(3) If you desire that such records or information not be made
available you must:
(i) Fill out the accompanying motion paper and sworn statement or
write one of your own, stating that you are the customer whose records
are being requested by the Government and either giving the reasons you
believe that the records are not relevant to the legitimate law
enforcement inquiry stated in this notice or any other legal basis for
objecting to the release of the records.
(ii) File the motion and statement by mailing or delivering them to
the clerk at an appropriate United States District Court.
(iii) Serve the Government authority requesting the records by
mailing or delivering a copy of your motion and statement to the
Government authority.
(iv) Be prepared to go to court and present your position in
further detail.
(v) You do not need to have a lawyer, although you may wish to
employ one to represent you and protect your rights.
(4) If you do not follow the above procedures, upon the expiration
of ten days from the date of service or fourteen days from the date of
mailing of the notice, the records or information requested therein may
be made available. The records may be transferred to other Government
authorities for legitimate law enforcement inquiries, in which event
you will be notified after the transfer.
(5) Also, the records or information requested therein may be made
available if ten days have expired from the date of service or fourteen
days from the date of mailing of the notice and within such time period
you have not filed a sworn statement and an

[[Page 54300]]

application to enjoin the Government authority in an appropriate court,
or the customer challenge provisions.

Sec. 275.4 Formal written request.

(a) The formal written request must be in the form of a letter or
memorandum to an appropriate official of the financial institution from
which financial records are requested. The request shall be signed by
the issuing official, and shall set forth that official's name, title,
business address, and business phone number. The request shall also
contain the following:
(1) The identity of the customer or customers to whom the records
pertain;
(2) A reasonable description of the records sought; and
(3) Such additional information which may be appropriate--e.g., the
date when the opportunity for the customer to challenge the formal
written request expires, the date on which the DoD Component expects to
present a certificate of compliance with the applicable provisions of
the Act, the name and title of the individual (if known) to whom
disclosure is to be made.
(b) In cases where customer notice is delayed by court order, a
copy of the court order must be attached to the formal written request.

Sec. 275.5 Certification.

Before obtaining the requested records pursuant to a formal written
request described in Sec. 275.4 of this part, an official of a rank
designated by the head of the requesting DoD Component shall certify in
writing to the financial institution that the DoD Component has
complied with the applicable provisions of the Act.

Sec. 275.6 Cost reimbursement.

Cost reimbursement to financial institutions for providing
financial records will be made consistent with title 12, Code of
Federal Regulations, part 219.3, subpart A.

Dated: October 22, 2018.
Shelly E. Finke,
Alternate OSD Federal Register, Liaison Officer, Department of Defense.
[FR Doc. 2018-23396 Filed 10-26-18; 8:45 am]
BILLING CODE 5001-06-P

Federal Register / Vol. 83, No. 209 / Monday, October 29, 2018 / Proposed Rules 54299

impact on a substantial number of small Department of Defense (hereafter authority from obtaining records
entities. referred to as the ‘‘DoD Components’’). pursuant to a formal written request
shall be filed in the appropriate United
Public Law 96–511, ‘‘Paperwork § 275.3 Authorization. States District Court. Such motion or
Reduction Act’’ (44 U.S.C. Ch. 35) The DoD Components are authorized application shall contain an affidavit or
It has been certified that 32 CFR part to request financial records of any sworn statement stating:
275 does not impose reporting or customer from a financial institution (i) That the applicant is a customer of
recordkeeping requirements under the pursuant to a formal written request the financial institution from which
Paperwork Reduction Act of 1995. under the Act only if: financial records pertaining to said
(a) No administrative summons or customer have been sought; and
Executive Order 13132, ‘‘Federalism’’ subpoena authority reasonably appears (ii) the applicant’s reasons for
Executive Order 13132 establishes to be available to the DoD Component believing that the financial records
certain requirements that an agency to obtain financial records for the sought are not relevant to the legitimate
must meet when it promulgates a purpose for which the records are law enforcement inquiry stated by the
proposed rule (and subsequent final sought; Government authority in its notice, or
rule) that imposes substantial direct (b) There is reason to believe that the that there has not been substantial
requirement costs on state and local records sought are relevant to a compliance within the provisions of
governments, preempts state law, or legitimate law enforcement inquiry and Public Law 95–630.
otherwise has federalism implications. will further that inquiry; Service shall be made upon a
This proposed rule will not have a (c) The request is issued by a Government authority by delivering or
substantial effect on state and local supervisory official of a grade mailing by registered or certified mail a
governments, or otherwise have designated by the head of the DoD copy of the papers to the person, office,
federalism implications. Component. Officials so designated or department specified in the notice
shall not delegate this authority to which the customer has received a
List of Subjects in 32 CFR Part 275 others; request.
Banks, banking; credit; Privacy. (d) The request adheres to the (3) If you desire that such records or
Accordingly, 32 CFR part 275 is requirements set forth in § 275.4 of this information not be made available you
proposed to be revised to read as part; and must:
follows: (e) The notice requirements required (i) Fill out the accompanying motion
by section 1108(4) of the Act, or the paper and sworn statement or write one
PART 275—RIGHT TO FINANCIAL requirements pertaining to the delay of of your own, stating that you are the
PRIVACY ACT notice in section 1109 of the Act, and customer whose records are being
described in 275.3(e) (1) through (e)(5) requested by the Government and either
Sec. are satisfied, except in situations (e.g., giving the reasons you believe that the
275.1 Purpose. section 1113(g)) where no notice is records are not relevant to the legitimate
275.2 Definitions. required. law enforcement inquiry stated in this
275.3 Authorization. (1) The notice requirements are notice or any other legal basis for
275.4 Formal written request. satisfied when a copy of the request has objecting to the release of the records.
275.5 Certification. been served on the customer or mailed
275.6 Cost reimbursement.
(ii) File the motion and statement by
to the customer’s last known address on mailing or delivering them to the clerk
Authority: 12 U.S.C. 3401, et seq.
or before the date on which the request at an appropriate United States District
was made to the financial institution Court.
§ 275.2 Purpose. together with the following notice (iii) Serve the Government authority
The purpose of this regulation is to which shall state with reasonable requesting the records by mailing or
authorize DoD Components to request specificity the nature of the law delivering a copy of your motion and
financial records from a financial enforcement inquiry: ‘‘Records or statement to the Government authority.
institution pursuant to the formal information concerning your (iv) Be prepared to go to court and
written request procedure authorized by transactions held by the financial present your position in further detail.
section 1108 of the Act and to set forth institution named in the attached (v) You do not need to have a lawyer,
the conditions under which such request are being sought by the although you may wish to employ one
requests may be made. Department of Defense [or the specific to represent you and protect your rights.
DoD Component] in accordance with (4) If you do not follow the above
§ 275.2 Definitions. the Right to Financial Privacy Act of procedures, upon the expiration of ten
The terms used in this part have the 1978 for the following purpose:’’ days from the date of service or fourteen
same meaning as similar terms used in (2) Within ten days of service or days from the date of mailing of the
the Right to Financial Privacy Act of within fourteen days of mailing of a notice, the records or information
1978, Title XI of Public Law 95–630. subpoena, summons, or formal written requested therein may be made
Act means the Right to Financial request, a customer may file a motion to available. The records may be
Privacy Act of 1978. quash an administrative summons or transferred to other Government
DoD Components means the law judicial subpoena, or an application to authorities for legitimate law
enforcement activities of the Office of enjoin a Government authority from enforcement inquiries, in which event
amozie on DSK3GDR082PROD with PROPOSALS1

the Secretary of Defense, the Military obtaining financial records pursuant to you will be notified after the transfer.
Departments, the Office of the Chairman a formal written request, with copies (5) Also, the records or information
of the Joint Chiefs of Staff, the Joint served upon the Government authority. requested therein may be made
Staff, the Combatant Commands, the A motion to quash a judicial subpoena available if ten days have expired from
Office of the Inspector General of the shall be filed in the court that issued the the date of service or fourteen days from
Department of Defense, the Defense subpoena. A motion to quash an the date of mailing of the notice and
Agencies, the DoD Field Activities, and administrative summons or an within such time period you have not
all other organizational entities in the application to enjoin a Government filed a sworn statement and an

VerDate Sep<11>2014 17:06 Oct 26, 2018 Jkt 247001 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\29OCP1.SGM 29OCP1

54300 Federal Register / Vol. 83, No. 209 / Monday, October 29, 2018 / Proposed Rules

application to enjoin the Government ENVIRONMENTAL PROTECTION Environmental Protection Agency, 290
authority in an appropriate court, or the AGENCY Broadway, 25th Floor, New York, New
customer challenge provisions. York 10007–1866, (212) 637–3565, or by
40 CFR Part 52 email at longo.linda@epa.gov.
§ 275.4 Formal written request. SUPPLEMENTARY INFORMATION:
[EPA–R02–OAR–2018–0621, FRL–9985–87–
(a) The formal written request must be Region 2] Table of Contents
in the form of a letter or memorandum
Approval of Source-Specific Air I. Background
to an appropriate official of the financial
Quality Implementation Plans; New II. The EPA’s Evaluation of New Jersey’s
institution from which financial records Submittals
are requested. The request shall be Jersey
a. Paulsboro Refining
signed by the issuing official, and shall AGENCY: Environmental Protection b. Buckeye Port Reading Terminal and
set forth that official’s name, title, Agency (EPA). Buckeye Pennsauken Terminal
business address, and business phone c. Phillips 66 Company
ACTION: Proposed rule. III. Proposed Action
number. The request shall also contain IV. Incorporation by Reference
the following: SUMMARY: The Environmental Protection V. Statutory and Executive Order Reviews
(1) The identity of the customer or Agency (EPA) is proposing to approve
source-specific revisions to the New I. Background
customers to whom the records pertain;
Jersey State Implementation Plan (SIP) The Environmental Protection Agency
(2) A reasonable description of the for 8-hour ozone for Paulsboro Refining, (EPA) proposes to approve revisions to
records sought; and Buckeye Port Reading Terminal, the New Jersey State Implementation
(3) Such additional information Buckeye Pennsauken Terminal, and Plan (SIP) for attainment and
which may be appropriate—e.g., the Phillips 66 Company’s Linden facility. maintenance of the 8-hour ozone
date when the opportunity for the The source-specific SIPs address the National Ambient Air Quality Standards
customer to challenge the formal written Reasonably Available Control (NAAQS) for the following major
request expires, the date on which the Technology for volatile organic volatile organic compound (VOC)
DoD Component expects to present a compounds (VOCs) for external floating facilities: Paulsboro Refining, Buckeye
certificate of compliance with the roof tanks. The intended effect of these Port Reading Terminal, Buckeye
applicable provisions of the Act, the revisions is to address how facilities Pennsauken Terminal, and Phillips 66
name and title of the individual (if should meet state regulatory obligations Company’s Linden facility. Specifically,
for external floating roof tanks that store under New Jersey Administrative Code
known) to whom disclosure is to be
VOCs with vapor pressure three (3) or (NJAC), Title 7, Chapter 27, Subchapter
made. 16 (‘‘Control and Prohibition of Air
more pounds per square inch absolute
(b) In cases where customer notice is to be equipped with a domed roof. Pollution by Volatile Organic
delayed by court order, a copy of the DATES: Comments must be received on Compound’’), Section 2 (‘‘VOC
court order must be attached to the or before November 28, 2018. Stationary Storage Tanks’’), all external
formal written request. floating roof tanks (EFRTs) in Range III
ADDRESSES: Submit your comments,
with vapor pressure three (3) or more
§ 275.5 Certification. identified by Docket ID number EPA–
pounds per square inch absolute (psia)
R02–OAR–2018–0621, at http://
Before obtaining the requested records and that were in existence on May 18,
www.regulations.gov. Follow the online
pursuant to a formal written request 2009 must be equipped with a domed
instructions for submitting comments. roof the first time the tank is degassed
described in § 275.4 of this part, an Once submitted, comments cannot be
official of a rank designated by the head after May 19, 2009, and by no later than
edited or withdrawn. The EPA may May 1, 2020. See NJAC 7:27–16.2(l)(4).
of the requesting DoD Component shall publish any comment received to its In addition, NJAC 7:27–16.17(a–q)
certify in writing to the financial public docket. Do not submit establishes procedures and standards for
institution that the DoD Component has electronically any information you alternative and facility-specific VOC
complied with the applicable provisions consider to be Confidential Business control requirements. The four relevant
of the Act. Information (CBI) or other information facilities were in existence on May 18,
whose disclosure is restricted by statute. 2009, and so absent the currently
§ 275.6 Cost reimbursement. Multimedia submissions (audio, video, proposed SIP revisions would be
Cost reimbursement to financial etc.) must be accompanied by a written required to dome all EFRTs in
institutions for providing financial comment. The written comment is accordance with NJAC 7:27–16.2(l)(4),
records will be made consistent with considered the official comment and which has already been approved by the
title 12, Code of Federal Regulations, should include discussion of all points EPA into the New Jersey SIP. See 75 FR
part 219.3, subpart A. you wish to make. The EPA will 45483 (August 3, 2010). However, the
generally not consider comments or New Jersey Department of
Dated: October 22, 2018. comment contents located outside of the Environmental Protection (NJDEP)
Shelly E. Finke, primary submission (i.e., on the web, reviewed and approved for these
Alternate OSD Federal Register, Liaison cloud, or other file sharing system). For facilities alternative VOC control plans
Officer, Department of Defense. additional submission methods, such as and respective Reasonably Available
amozie on DSK3GDR082PROD with PROPOSALS1

[FR Doc. 2018–23396 Filed 10–26–18; 8:45 am] the full EPA public comment policy, Control Technology (RACT), i.e.,
BILLING CODE 5001–06–P
information about CBI or multimedia analysis of the lowest economically
submissions, and general guidance on feasible emission limitation, for their
making effective comments, please visit EFRTs.
http://www2.epa.gov/dockets/ Following NJDEP’s review and
commenting-epa-dockets. approval, the EPA reviewed the four
FOR FURTHER INFORMATION CONTACT: facilities’ alternative VOC control plans
Linda Longo, Air Programs Branch, and RACT analyses that include (1)

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Document Created: 2018-10-27 01:08:43
Document Modified: 2018-10-27 01:08:43

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 by December 28, 2018.
Contact		Cindy Allard, (703) 571-0086.
FR Citation		83 FR 54297
RIN Number		0790-AK01
CFR Associated		Banks and Banking; Credit; Privacy

83 FR 54297 - Right to Financial Privacy Act

DEPARTMENT OF DEFENSEOffice of the Secretary

Federal Register Volume 83, Issue 209 (October 29, 2018)

DEPARTMENT OF DEFENSE
Office of the Secretary