[Federal Register Volume 75, Number 197 (Wednesday, October 13, 2010)]
[Proposed Rules]
[Pages 62737-62738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25756]
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DEPARTMENT OF THE TREASURY
Office of the Secretary
31 CFR Part 1
RIN 1505-AC27
Privacy Act of 1974; Proposed Implementation
AGENCY: Departmental Offices, Treasury.
ACTION: Proposed rule.
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SUMMARY: In accordance with the requirements of the Privacy Act of
1974, 5 U.S.C. 552a, the Department of the Treasury gives notice of a
proposed amendment to update its Privacy Act regulations, and to add an
exemption from certain provisions of the Privacy Act for a system of
records related to the Office of Foreign Assets Control (OFAC).
DATES: Comments must be received no later than November 12, 2010.
ADDRESSES: Comments should be sent to: Assistant Director, Disclosure
Services, Office of Foreign Assets Control, Department of the Treasury,
1500 Pennsylvania Avenue, NW., Washington, DC 20220. The Department
will make such comments available for public inspection and copying in
the Department's Library, Room 1428, Main Treasury Building, 1500
Pennsylvania Avenue, NW., Washington, DC 20220, on official business
days between the hours of 10 a.m. and 5 p.m. Eastern Time. You can make
an appointment to inspect comments by telephoning (202) 622-0990 (not a
toll free number). All comments, including attachments and other
supporting materials, received are part of the public record and
subject to public disclosure. You should submit only information that
you wish to make available publicly.
FOR FURTHER INFORMATION CONTACT: Assistant Director, Disclosure
Services, Office of Foreign Assets Control, Department of the Treasury,
1500 Pennsylvania Avenue, NW., Washington, DC 20220, tel.: 202-622-2510
(not a toll free number), or Chief Counsel (Foreign Assets Control),
Office of General Counsel, Department of the Treasury, 1500
Pennsylvania Avenue, NW., Washington, DC 20220, tel.: 202-622-2410 (not
a toll free number).
SUPPLEMENTARY INFORMATION: In reviewing Treasury regulations
implementing the Privacy Act, the Department found that Executive Order
11652 listed in Section 1.26(g)(6)(ii)(A) has been superseded and needs
to be updated. This section is being amended to reference Executive
Orders 12958, 13526, or successor or prior Executive Orders as may be
necessary.
Under 5 U.S.C. 552a(k)(1), 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 of records is subject to the provisions of 5 U.S.C.
552(b)(1), which regards matters specifically authorized under criteria
established by an Executive Order to be kept secret in the interest of
national defense or foreign policy and are in fact properly classified
pursuant to such Executive Order.
To the extent that systems of records contain information subject
to the provisions of 5 U.S.C. 552(b)(1), the Department of the Treasury
proposes to exempt the systems of records from the following provisions
of the Privacy Act pursuant to 5 U.S.C. 552a(k)(1):
5 U.S.C. 552a(c)(3),
5 U.S.C. 552a(d)(1), (2), (3), and (4),
5 U.S.C. 552a(e)(1),
5 U.S.C. 552a(e)(4)(G), (H), and (I), and
5 U.S.C. 552a(f).
The reason for invoking the exemption is to protect material
authorized to be kept secret in the interest of national defense or
foreign policy pursuant to Executive Orders 12958, 13526, or successor
or prior Executive Orders.
This document also creates a new table in paragraph 31 CFR
1.36(e)(1) under the new heading designated as ``(i) Departmental
Offices:''. The system of records entitled ``DO .120--Records Related
to Office of Foreign Assets Control Economic Sanctions'' will be added
to the table under (i). The current heading ``Financial Crimes
Enforcement Network:'' and the associated table is designated as
``(ii).''
The Department of the Treasury has published separately in the
Federal Register the notice of a consolidated system of records related
to OFAC on October 6, 2010, at 75 FR 61853.
This proposed rule is not a ``significant regulatory action'' under
Executive Order 12866.
Pursuant to the requirements of the Regulatory Flexibility Act
(RFA), 5 U.S.C. 601-612, it is hereby certified that this rule will not
have significant economic impact on a substantial number of small
entities. The term ``small entity'' is defined to have the same meaning
as the terms ``small business,'' ``small organization,'' and ``small
governmental jurisdiction,'' as defined in the RFA.
The proposed regulation, issued under section 522a(k) of the
Privacy Act, is to exempt certain information in the above systems of
records within the Department from certain provisions under the Privacy
Act, including those regarding notification, access to a record, and
amendment of a record by individuals who are citizens of the United
States or an alien lawfully admitted for permanent residence. Inasmuch
as the Privacy Act rights are personal and apply only to U.S. citizens
or an alien lawfully admitted for permanent residence, small entities
as defined in the RFA are not provided rights under the Privacy Act and
are outside the scope of this regulation.
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]
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, as amended.
Subpart C--Privacy Act
2. Section 1.26 is amended by revising the first sentence in
paragraph (g)(6)(ii)(A) to read as follows:
Sec. 1.26 Procedures for notification and access to records
pertaining to individuals--format and fees for request for access.
* * * * *
(g) * * *
(6) * * *
(ii) * * *
(A) Requests for information classified pursuant to Executive
Orders 12958, 13526, or successor or prior Executive Orders require the
responsible component of the Department to review
[[Page 62738]]
the information to determine whether it continues to warrant
classification pursuant to an Executive Order. * * *
* * * * *
3. Section 1.36 is amended by revising paragraphs (e) and (f) to
read as follows:
Sec. 1.36 Systems exempt in whole or in part from provisions of 5
U.S.C. 522a and this part.
* * * * *
(e) Specific exemptions under 5 U.S.C. 552a(k)(1). (1) Under 5
U.S.C. 552a(k)(1), the head of any agency may promulgate rules to
exempt any system of records within the agency from certain provisions
of the Privacy Act to the extent that the system contains information
subject to the provisions of 5 U.S.C. 552(b)(1). This paragraph applies
to the following systems of records maintained by the Department of the
Treasury:
(i) Departmental Offices:
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Number System name
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DO .120............................. Records Related to Office of
Foreign Assets Control Economic
Sanctions.
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(ii) Financial Crimes Enforcement Network:
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Number System name
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FinCEN .001......................... FinCEN Database.
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(2) The Department of the Treasury hereby exempts the systems of
records listed in paragraph (e)(1) of this section from the following
provisions of 5 U.S.C. 552a, pursuant to 5 U.S.C. 552a(k)(1): 5 U.S.C.
552a(c)(3), 5 U.S.C. 552a(d)(1), (2), (3), and (4), 5 U.S.C.
552a(e)(1), 5 U.S.C. 552a(e)(4)(G), (H), and (I), and 5 U.S.C. 552a(f).
(f) Reasons for exemptions under 5 U.S.C. 552a(k)(1). The reason
for invoking the exemption is to protect material authorized to be kept
secret in the interest of national defense or foreign policy pursuant
to Executive Orders 12958, 13526, or successor or prior Executive
Orders.
* * * * *
Dated: July 16, 2010.
Melissa Hartman,
Acting Deputy Assistant Secretary for Privacy, Transparency, and
Records.
[FR Doc. 2010-25756 Filed 10-12-10; 8:45 am]
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