[Federal Register Volume 76, Number 18 (Thursday, January 27, 2011)]
[Rules and Regulations]
[Pages 4816-4817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1775]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Office of the Secretary
31 CFR Part 1
RIN 1505-AC27
Privacy Act of 1974; Implementation
AGENCY: Departmental Offices, Treasury.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In accordance with the requirements of the Privacy Act of
1974, the Department of the Treasury gives notice of an 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: Effective Date: January 27, 2011.
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).
[[Page 4817]]
SUPPLEMENTARY INFORMATION: The Departmental Offices published a system
of records notice on October 6, 2010, at 75 FR 61853, consolidating
three systems of records into one entitled ``Treasury/DO .120--Records
Related to Office of Foreign Assets Control Economic Sanctions.''
On October 13, 2010, the Department published, at 75 FR 62737, a
proposed rule amending Sec. 1.26(g)(6)(ii)(A) to update the reference
to applicable Executive Orders by referencing Executive Orders 12958,
13526, or successor or prior Executive Orders as may be necessary. The
proposed rule also exempted the system of records from provisions of
the Privacy Act pursuant to 5 U.S.C. 552a(k)(1).
The proposed rule created a new table in paragraph 31 CFR
1.36(e)(1) under the 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 are designated as
``(ii).''
The proposed rule requested that public comments be submitted to
the Assistant Director, Disclosure Services, OFAC, Department of the
Treasury, 1500 Pennsylvania Avenue, NW., Washington, DC 20220. The
Department did not receive comments on the proposed rule. Accordingly
the Department is hereby giving notice that the system of records
entitled ``Treasury/DO .120--Records Related to Office of Foreign
Assets Control Economic Sanctions'' is exempt from provisions of the
Privacy Act, pursuant to 5 U.S.C. 552a(k)(1) as set forth in the
proposed rule.
This final rule is not a ``significant regulatory action'' under
Executive Order 12866.
A notice amending the Privacy Act system of records entitled
``Treasury/DO .120--Records Related to Office of Foreign Assets Control
Economic Sanctions'' will be published separately in the Federal
Register.
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.
List of Subjects in 31 CFR Part 1
Privacy.
Part 1, Subpart C of Title 31 of the Code of Federal Regulations,
is 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, as amended.
Subpart C--Privacy Act
0
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 the information to
determine whether it continues to warrant classification pursuant to an
Executive Order. * * *
* * * * *
0
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:
------------------------------------------------------------------------
Number System name
------------------------------------------------------------------------
DO .120................................ Records Related to Office of
Foreign Assets Control
Economic Sanctions.
------------------------------------------------------------------------
(ii) Financial Crimes Enforcement Network:
------------------------------------------------------------------------
Number System name
------------------------------------------------------------------------
FinCEN .001............................ FinCEN Database.
------------------------------------------------------------------------
(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: January 7, 2011.
Melissa Hartman,
Deputy Assistant Secretary for Privacy, Transparency, and Records.
[FR Doc. 2011-1775 Filed 1-26-11; 8:45 am]
BILLING CODE 4810-25-P