### 29072 Federal Register / Vol. 79, No. 98 / Wednesday, May 21, 2014 / Rules and Regulations

**PART 179—CLAIMS COLLECTIONS**
**STANDARDS**

■ 1. The authority citation for part 179
continues to read as follows:

Authority: 5 U.S.C. 1103; Reorganization Plan No. 2 of 1978; 5 U.S.C. 5514; 5 CFR part 550 subpart K; 31 U.S.C. 3701, 31 U.S.C. 3711; 31 U.S.C. 3716; 31 U.S.C. 3720A; 31 U.S.C. 3720B; 31 U.S.C. 3720C; 31 U.S.C.

3720D.

■ 2. Add subpart D to read as follows:

**Subpart D—Administrative Wage**
**Garnishment**

Sec. 179.401 Administrative wage garnishment.

Authority: 15 U.S.C. 46; 31 U.S.C. 3720D; 31 CFR 285.11(f).

**§ 179.401 Administrative wage garnishment.** 

General. OPM may use administrative wage garnishment to collect debts in accordance with the requirements of 31 U.S.C. 3720D and 31 CFR 285.11, including debts it refers to the Bureau of the Fiscal Service, Department of the Treasury, for cross-servicing pursuant to 31 U.S.C. 3711. This part adopts and incorporates all of the provisions of 31 CFR 285.11 concerning administrative wage garnishment, including the hearing procedures described in 31 CFR 285.11(f). This section does not apply to collection of debt by Federal salary offset, under 5 U.S.C. 5514, the process by which OPM collects debts from the salaries of Federal employees.

[FR Doc. 2014–11624 Filed 5–20–14; 8:45 am]

**BILLING CODE 6325–23–P**

**DEPARTMENT OF HOMELAND**
**SECURITY**

**Office of the Secretary**

**6 CFR Part 5**

**[Docket No. DHS–2011–0033]**

**Privacy Act of 1974: Implementation of Exemptions; Department of Homeland**  **Security/National Protection and Programs Directorate—002 Chemical**  **Facility Anti-Terrorism Standards Personnel Surety Program System of** 

**Records**

**AGENCY :**  Privacy Office, DHS.

**ACTION :**  Final rule.

**SUMMARY :**  The Department of Homeland Security is issuing a final rule to amend its regulations to exempt portions of a newly established system of records titled, ‘‘Department of Homeland Security/National Protection and Programs Directorate—002 Chemical Facility Anti-Terrorism Standards Personnel Surety Program System of Records’’ from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the ‘‘Department of Homeland Security/ National Protection and Programs Directorate—002 Chemical Facility
Anti-Terrorism Standards Personnel Surety Program System of Records’’ from one or more provisions of the Privacy Act because of criminal, civil,
and administrative enforcement requirements.

**DATES :**  Effective Date: This final rule is effective May 21, 2014.

**FOR FURTHER INFORMATION CONTACT :**  For general questions please contact: Emily Andrew (703) 235–2182, Senior Privacy Officer, National Protection and Programs Directorate, Department of Homeland Security, Washington, DC 20528. For privacy issues please contact: Karen L. Neuman (202) 343– 1717, Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528.

**SUPPLEMENTARY INFORMATION :** 
Background

The Department of Homeland Security (DHS) National Protection and Programs Directorate (NPPD) published a notice of proposed rulemaking in the Federal Register, 76 FR 34616, on June 14, 2011, proposing to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and
administrative enforcement requirements. The system of records is the DHS/NPPD—002 Chemical Facility
Anti-Terrorism Standards Personnel Surety Program System of Records. The DHS/NPPD—002 Chemical Facility
Anti-Terrorism Standards Personnel Surety Program system of records notice (SORN) was published concurrently in
the Federal Register , 76 FR 34732, June 14, 2011, and comments were invited on both the notice of proposed rulemaking (NPRM) and SORN.

Public Comments

DHS received three comments on the
NPRM and one comment on the SORN.
Comments on the NPRM and the SORN are outlined below, followed by the Department’s responses.

DHS also received a comment in the public docket for the SORN (Document DHS–2011–0032–0003), whichaddressed the Chemical Facility AntiTerrorism Standards (CFATS) Personnel Surety Program Information Collection Request (Docket DHS–2009–0026) and other aspects of the Personnel Surety Program, but did not address the SORN, the NPRM, or privacy issues. DHS reviewed that comment, and responded

to it in a Federal Register notice, 78 FR 17680, March 22, 2013.

NPRM

Comment: One commenter suggested that the Department did not make ‘‘a good faith effort to provide the public with specific reasons or requirements’’ to justify Privacy Act exemptions. For this reason the commenter opposed DHS’s proposed exemptions.

Response: The Department believes that it provided adequate justification to support the Privacy Act exemptions
described in the NPRM. These exemptions are needed to protect the information (i.e., categories of records)
listed in the SORN from disclosure to subjects or others related to the vetting
activities described in the SORN. Specifically, the exemptions are required to preclude subjects of the CFATS Personnel Surety Program’s vetting activities from frustrating these vetting activities; to avoid disclosure of vetting activity techniques; to protect the identities and physical safety of
confidential informants and law enforcement personnel; to ensure the Department’s ability to obtain information from third parties and other sources; to protect the privacy of third parties; to safeguard classified information; to safeguard records; and
for other reasons discussed in the
NPRM. Disclosure of information about persons vetted under the CFATS Personnel Surety Program to those persons could also permit them to avoid detection or apprehension. The exemptions proposed here are standard law enforcement and national security exemptions exercised by a large number
of Federal law enforcement and intelligence agencies.

Comment: A commenter is pleased that third-party individuals may be designated to act on behalf of facilities
as ‘‘Submitters’’ under the CFATS Personnel Surety Program, and seeks
clarification on how this will be accomplished. Specifically, the commenter sought clarification from DHS on two points: (a) ‘‘any security or information protection requirements that may be required to serve as a ‘Submitter’ in light of the potential Privacy Act exemption DHS currently seeks and may receive’’; and (b) the mechanics of ‘‘[h]ow, specifically, authorized third parties will serve as a facility’s agent for elements of TSDB compliance[.]’’

Response: The Department does not currently envision any additional or new security or information protection


### 29073 Federal Register / Vol. 79, No. 98 / Wednesday, May 21, 2014 / Rules and Regulations

requirements that will apply to Submitters in light of the Privacy Act exemptions that are the subject of this rulemaking. The Department will publish a user manual when the CFATS Personnel Surety Program is implemented, discussing how different users can access and use the Web portal that the Department intends to establish for the CFATS Personnel Surety Program.

Comment: A commenter stated that the Department’s proposal does ‘‘comply with the Privacy Act or follow the corresponding lawful and reasonable exemptions provided in this case by the corresponding Department of Homeland Security Appropriations
Act of 2007.’’ The commenter also expressed concerns relating to: (a) The length of time it will take the government to conduct screening, and the number of government entities involved in screening; (b) the scope of information being requested and the resulting burden on high-risk chemical facilities; and (c) the duplication
involved for those individuals who have already been vetted against the Terrorist Screening Database (TSDB) as part of other government screening programs.
The commenter was in favor of the proposed exemptions from portions of the Privacy Act.

Response: The commenter’s concerns about the screening procedure, the scope of information requested, and duplicative screening efforts and recommendations are outside the scope of the SORN and this Privacy Act exemptions rulemaking. Nevertheless, the Department addressed the
commenter’s other concerns in a Federal Register notice that solicited
comments about the CFATS Personnel Surety Program Information Collection Request, 78 FR 17680, March 22, 2013.

SORN

Comment: One commenter asked
whether or not individuals with national security clearances, individuals
with access to restricted areas under the U.S. Army’s Chemical Personnel Reliability Program (CPRP), or individuals processed by ‘‘the DHS suitability program’’ could be exempted from the TSDB vetting requirements of the Personnel Surety Program.

Response: Whether an individual (or category of individuals) could be exempted from the CFATS Personnel Surety Program is not within the scope of the SORN or this Privacy Act exemptions rulemaking. DHS’s responses to comments in this document are limited to addressing the SORN for the Personnel Surety Program, and to Privacy Act exemptions related to the collection and disclosure of information under the Personnel Surety Program Systems of Records.

After considering public comments, the Department will implement the rulemaking as proposed.

List of Subjects in 6 CFR Part 5

Freedom of information; Privacy.

For the reasons stated in the preamble, Chapter I of Title 6, Code of Federal Regulations, is amended as
follows:

**PART 5—DISCLOSURE OF RECORDS**
**AND INFORMATION**

■ 1. The authority citation for part 5
continues to read as follows:

Authority: 6 U.S.C. 101 et seq.; Pub. L. 107–296, 116 Stat. 2135; 5 U.S.C. 301. Subpart A also issued under 5 U.S.C. 552. Subpart B also issued under 5 U.S.C. 552a.

■ 2. Add at the end of Appendix C to part 5, the following new paragraph

‘‘73’’:

Appendix C to Part 5—DHS Systems of Records Exempt From the Privacy Act

* * * * *

73. The DHS/NPPD—002 Chemical Facility Anti-Terrorism Standards Personnel Surety Program System of Records consists of electronic and paper records and will be used by DHS and its components. The DHS/ NPPD—002 Chemical Facility Anti-Terrorism Standards Personnel Surety Program System of Records is a repository of information held by DHS in connection with its several and varied missions and functions, including, but
not limited to the enforcement of civil and criminal laws; investigations, inquiries, and proceedings thereunder; and national security and intelligence activities. The DHS/ NPPD—002 Chemical Facility Anti-Terrorism Standards Personnel Surety Program System
of Records contains information that is collected by, on behalf of, in support of, or in cooperation with DHS and its components and may contain personally identifiable information collected by other federal, state, local, tribal, foreign, or international government agencies. The Secretary of Homeland Security has exempted this system from the following provisions of the Privacy Act, subject to limitations set forth therein: 5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I); and (f). These exemptions are made pursuant to 5 U.S.C. 552a(k)(1) and (k)(2).

In addition to records under the control of DHS, the DHS/NPPD—002 Chemical Facility Anti-Terrorism Standards Personnel Surety Program System of Records may include records originating from systems of records of other law enforcement and intelligence agencies, which may be exempt from certain provisions of the Privacy Act. DHS does not, however, assert exemption from any provisions of the Privacy Act with respect to information submitted by high-risk chemical
facilities. To the extent the DHS/NPPD—002 Chemical Facility Anti-Terrorism Standards Personnel Surety Program System of Records contains records originating from other systems of records, DHS will rely on the exemptions claimed for those records in the originating systems of records. Exemptions from these particular subsections are justified, on a case-by-case basis to be determined at the time a request is made, for the following reasons:

(a) From subsection (c)(3) (Accounting for Disclosures) because release of the accounting of disclosures could alert the subject of an investigation of an actual or potential criminal, civil, or regulatory violation to the existence of that investigation and reveal investigative interest, on the part of DHS as well as the recipient agency. Disclosure of the accounting would therefore present a serious impediment to law enforcement efforts and/or efforts to preserve national security. Disclosure of the accounting would also permit the individual who is the subject of a record to impede the investigation, to tamper with witnesses or evidence, and to avoid detection or apprehension, which would undermine the entire investigative process.

(b) From subsection (d) (Access to Records)
because access to the records contained in this system of records could inform the subject of an investigation of an actual or potential criminal, civil, or regulatory violation to the existence of that investigation and reveal investigative interest on the part of DHS or another agency. Access to the records could permit the individual who is the subject of a record to impede the investigation, to tamper with witnesses or evidence, and to avoid detection or apprehension. Amendment of the records could interfere with ongoing investigations
and law enforcement activities and would impose an unreasonable administrative burden by requiring investigations to be continually reinvestigated. In addition, permitting access and amendment to such information could disclose security-sensitive
information that could be detrimental to homeland security.

(c) From subsection (e)(1) (Relevancy and Necessity of Information) because in the course of investigations into potential violations of federal law, the accuracy of
information obtained or introduced occasionally may be unclear, or the information may not be strictly relevant or necessary to a specific investigation. In the interests of effective law enforcement, it is appropriate to retain all information that may aid in establishing patterns of unlawful activity.

(d) From subsections (e)(4)(G), (e)(4)(H), and (e)(4)(I) (Agency Requirements) and (f) (Agency Rules), because portions of this system are exempt from the individual access provisions of subsection (d) for the reasons noted above, and therefore DHS is not required to establish requirements, rules, or procedures with respect to such access. Providing notice to individuals with respect to existence of records pertaining to them in the system of records or otherwise setting up procedures pursuant to which individuals may access and view records pertaining to


### 29074 Federal Register / Vol. 79, No. 98 / Wednesday, May 21, 2014 / Rules and Regulations

themselves in the system would undermine investigative efforts and reveal the identities of witnesses, potential witnesses, and
confidential informants.

Dated: May 1, 2014.

Karen L. Neuman, Chief Privacy Officer, Department of Homeland Security.

[FR Doc. 2014–11433 Filed 5–20–14; 8:45 am]

**BILLING CODE 9110–10–P**

**FARM CREDIT ADMINISTRATION**

**12 CFR Part 652**

**RIN 3052–AC83**

**Federal Agricultural Mortgage Corporation Funding and Fiscal**  **Affairs; Farmer Mac Liquidity Management** 

**AGENCY :**  Farm Credit Administration.

**ACTION :**  Notice of effective date.

**SUMMARY :**  The Farm Credit Administration (FCA, we or us) adopted a final rule that amends its liquidity management regulations for the Federal Agricultural Mortgage Corporation (Farmer Mac). The purpose of the final rule is to strengthen liquidity risk management at Farmer Mac, improve the quality of assets in its liquidity reserves, and bolster its ability to fund its obligations and continue operations during times of economic, financial, or market adversity. In accordance with the law, the effective date of the final rule is 180 days after the date of publication in the Federal Register

, provided either or both Houses of Congress are in session for at least 30 calendar days after publication of this regulation in the Federal Register

. **DATES :**  Effective Date: Under the authority of 12 U.S.C. 2252, the regulation amending 12 CFR part 652 published on November 1, 2013 (78 FR 65541) is effective April 30, 2014.

**FOR FURTHER INFORMATION CONTACT :**  Joseph T. Connor, Associate Director for

Policy and Analysis, Office of Secondary Market Oversight, Farm Credit Administration, McLean, VA 22102–5090, (703) 883–4280, TTY (703) 883–4056; or Richard A. Katz, Senior Counsel, Office

of General Counsel, Farm Credit Administration, McLean, Virginia 22102–5090, (703) 883–4020, TTY (703) 883–4056.

**SUPPLEMENTARY INFORMATION :**  The Farm Credit Administration (FCA, we or us) adopted a final rule that amends its liquidity management regulations for the Federal Agricultural Mortgage Corporation (Farmer Mac). The purpose of the final rule is to strengthen liquidity risk management at Farmer Mac, improve the quality of assets in its liquidity reserves, and bolster its ability to fund its obligations and continue operations during times of economic, financial, or market adversity. In accordance with 12 U.S.C. 2252, the
effective date of the final rule is 180 days after the date of publication in the Federal Register, provided either or both Houses of Congress are in session for at least 30 calendar days after publication of this regulation in the Federal Register. Based on the records of the sessions of Congress, the effective date of the regulations is April 30, 2014.

(12 U.S.C. 2252(a)(9) and (10))

Dated: May 15, 2014.

Dale L. Aultman, Secretary, Farm Credit Administration Board.

[FR Doc. 2014–11663 Filed 5–20–14; 8:45 am]

**BILLING CODE 6705–01–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 73**

**[Docket No. FAA–2014–0272; Airspace Docket No. 14–ASO–5]** 

**RIN 2120–AA66**

**Amendment of Restricted Area R– 5304C; Camp Lejeune, NC** 

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Final rule; technical
amendment.

**SUMMARY :**  This action changes the name of the using agency for Restricted Area R–5304C, Camp Lejeune, NC. This is an administrative change to reflect organizational restructuring within the United States Marine Corps. It does not affect the boundaries, designated altitudes, time of designation or
activities conducted within the
restricted area.

**DATES :**  Effective date: 0901 UTC, July

24, 2014.

**FOR FURTHER INFORMATION CONTACT :**  Paul Gallant, Airspace Policy and Regulations Group, Office of Airspace Services, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267–8783.

**SUPPLEMENTARY INFORMATION :** 

The Rule

This action amends Title 14 Code of Federal Regulations (14 CFR) part 73 by updating the using agency name for Restricted Area R–5304C, Camp Lejeune, NC. The name change is due to organizational restructuring within the U.S. Marine Corps. This is an administrative change that does not affect the boundaries, designated altitudes, or activities conducted within the restricted area; therefore, notice and public procedure under 5 U.S.C. 553(b)

are unnecessary.

The FAA has determined that this action only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this regulation: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that only affects air traffic procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial
number of small entities under the criteria of the Regulatory Flexibility Act.

The FAA’s authority to issue rules regarding aviation safety is found in
Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority.

This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it makes an administrative change to the descriptions of Restricted Area R– 5303C, Camp Lejeune, NC to reflect organizational realignments within the U.S. Marine Corps.

Environmental Review

The FAA has determined that this action qualifies for categorical exclusion
under the National Environmental Policy Act in accordance with FAA Order 1050.1E, Environmental Impacts: Policies and Procedures, paragraph 311d. This airspace action is an administrative change to the descriptions of the affected restricted area to update the using agency name. It does not alter the dimensions, altitudes, or times of designation of the airspace; therefore, it is not expected to cause any potentially significant