This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

2086 

Vol. 75, No. 9 

Thursday, January 14, 2010 

DEPARTMENT OF THE TREASURY 

Office of the Secretary 

31 CFR Part 1 

RIN 1505–AC22 

Office of the Special Inspector General 

for the Troubled Asset Relief Program; 

Privacy Act of 1974; Proposed 

Implementation 

AGENCY: Departmental Offices, Treasury. 

ACTION: Proposed rule. 

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 this part to exempt 

several systems of records maintained 

by the Office of the Special Inspector 

General for the Troubled Asset Relief 

Program (SIGTARP) from certain 

provisions of the Privacy Act. 

DATES: Comments must be received no 

later than February 16, 2010. 

ADDRESSES: Comments should be sent to 

Bryan Saddler, Chief Counsel, Office of 

the Special Inspector General for the 

Troubled Asset Relief Program, 1500 

Pennsylvania Avenue, NW., Room 1010, 

Washington, DC 20220. Comments will 

be made available for inspection upon 

written request. You may also submit 

comments through the Federal 

rulemaking portal at http:// 

www.regulations.gov (follow the 

instructions for submitting comments). 

FOR FURTHER INFORMATION CONTACT: 

Bryan Saddler, Chief Counsel, Office of 

the Special Inspector General for the 

Troubled Asset Relief Program, 1500 

Pennsylvania Avenue, NW., Room 1010, 

Washington, DC 20220, (202) 927–8938. 

SUPPLEMENTARY INFORMATION: The 

Emergency Economic Stabilization Act 

of 2008 (Act), Public Law 110–343, 

established the Troubled Asset Relief 

Program, and, at section 121 (12 U.S.C. 

5231), created SIGTARP. SIGTARP is 

responsible for coordinating and 

conducting audits and investigations of 

any program established by the 

Secretary under sections 101 and 102 of 

the Act. SIGTARP’s duties and 

operating authority are set forth under 

section 121 of the Act, as amended, and 

the Inspector General Act of 1978, as 

amended, 5 U.S.C. App. 3. SIGTARP 

conducts, supervises, and coordinates 

audits and investigations relating to the 

programs and operations of the 

Troubled Asset Relief Program (TARP) 

and related entities. 

The Department of the Treasury is 

publishing separately the notices of the 

new systems of records to be maintained 

by SIGTARP. 

Under 5 U.S.C. 552a(j)(2), the head of 

a Federal 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 ‘‘maintained by an 

agency or component thereof which 

performs as its principal function any 

activity pertaining to the enforcement of 

criminal laws, including police efforts 

to prevent, control, or reduce crime or 

to apprehend criminals, and the 

activities of prosecutors, courts, 

correctional, probation, pardon, or 

parole authorities, and which consists of 

(A) information compiled for the 

purpose of identifying individual 

criminal offenders and alleged offenders 

and consisting only of identifying data 

and notations of arrests, the nature and 

disposition of criminal charges, 

sentencing, confinement, release, and 

parole and probation status; (B) 

information compiled for the purpose of 

a criminal investigation, including 

reports of informants and investigators, 

and associated with an identifiable 

individual; or (C) reports identifiable to 

an individual compiled at any stage of 

the process of enforcement of the 

criminal laws from arrest or indictment 

through release from supervision.’’ 

To the extent that these systems of 

records contain investigative material 

within the provisions of 5 U.S.C. 

552a(j)(2), the Department of the 

Treasury proposes to exempt the 

following systems of records from 

various provisions of the Privacy Act 

pursuant to 5 U.S.C. 552a(j)(2): 

DO .220—SIGTARP Hotline Database. 

DO .221—SIGTARP Correspondence 

Database. 

DO .222—SIGTARP Investigative MIS 

Database. 

DO .223—SIGTARP Investigative 

Files Database. 

DO .224—SIGTARP Audit Files 

Database. 

The proposed exemption under 5 

U.S.C. 552a(j)(2) for the abovereferenced systems of records is from 

provisions 5 U.S.C. 552a (c)(3), (c)(4), 

(d)(1), (d)(2), (d)(3), (d)(4), (e)(1), (e)(2), 

(e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), 

(e)(8), (f), and (g). 

The following are the reasons why the 

investigative material contained in the 

above-referenced systems of records 

maintained by SIGTARP may be 

exempted from various provisions of the 

Privacy Act pursuant to 5 U.S.C. 

552a(j)(2). 

(1) 5 U.S.C. 552a(e)(4)(G) and (f)(l) 

enable individuals to inquire whether a 

system of records contains records 

pertaining to themselves. Disclosure of 

this information to the subjects of 

investigations would provide 

individuals with information 

concerning the nature and scope of any 

current investigation. Further, providing 

information as required by this 

provision would alert the individual to 

the existence of an investigation and 

afford the individual an opportunity to 

attempt to conceal his/her criminal 

activities so as to avoid apprehension, 

may enable the individual to avoid 

detection or apprehension, may enable 

the destruction or alteration of evidence 

of the criminal conduct that would form 

the basis for an arrest, and could impede 

or impair SIGTARP’s ability to 

investigate the matter. In addition, to 

provide this type of information may 

enable individuals to learn whether they 

have been identified as subjects of 

investigation. 

(2) 5 U.S.C. 552a(d)(1), (e)(4)(H), and 

(f)(2), (3), and (5) grant individuals 

access, or concern procedures by which 

an individual may gain access, to 

records pertaining to themselves. 

Disclosure of this information to the 

subjects of investigations would provide 

them with information concerning the 

nature and scope of any current 

investigation, may enable them to avoid 

detection or apprehension, may enable 

them to destroy or alter evidence of 

criminal conduct that would form the 

basis for their arrest, and could impede 

or impair SIGTARP’s ability to 

investigate the matter. In addition, 

permitting access to investigative files 

and records could disclose the identity 

of confidential sources and the nature of 

the information supplied by informants 

as well as endanger the physical safety 

of those sources by exposing them to 


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possible reprisals for having provided 

the information. Confidential sources 

and informers might refuse to provide 

SIGTARP with valuable information 

unless they believe that their identities 

would not be revealed through 

disclosure of their names or the nature 

of the information they supplied. Loss 

of access to such sources would 

seriously impair SIGTARP’s ability to 

perform its law enforcement 

responsibilities. Furthermore, providing 

access to records contained in the 

systems of records could reveal the 

identities of undercover law 

enforcement officers who compiled 

information regarding the individual’s 

criminal activities, thereby endangering 

the physical safety of those undercover 

officers by exposing them to possible 

reprisals. Permitting access in keeping 

with these provisions would also 

discourage other law enforcement and 

regulatory agencies from freely sharing 

information with SIGTARP and thus 

would restrict its access to information 

necessary to accomplish its mission 

most effectively. 

(3) 5 U.S.C. 552a(d)(2), (3), and (4), 

(e)(4)(H), and (f)(4) permit an individual 

to request amendment of a record 

pertaining to the individual or concern 

related procedures, and require the 

agency either to amend the record or to 

note the disputed portion of the record, 

and to provide a copy of the 

individual’s statement of disagreement 

with the agency’s refusal to amend a 

record to persons or other agencies to 

whom the record is thereafter disclosed. 

Since these provisions depend upon the 

individual having access to his or her 

records, and since an exemption from 

the provisions of 5 U.S.C. 552a relating 

to access to records is proposed, for the 

reasons set out in the preceding 

paragraph of this section, these 

provisions should not apply to the 

above-listed systems of records. 

(4) 5 U.S.C. 552a(c)(3) requires an 

agency to make accountings of 

disclosures of a record available to the 

individual named in the record upon 

his or her request. Making accountings 

of disclosures available to the subjects 

of investigations would alert them to the 

fact that SIGTARP is conducting an 

investigation into their activities as well 

as identify the nature, scope, and 

purpose of that investigation. Providing 

accountings to the subjects of 

investigations would alert them to the 

fact that SIGTARP has information 

regarding their activities and could 

inform them of the general nature of that 

information. The subjects of the 

investigations, if provided an 

accounting of disclosures, would be able 

to take measures to avoid detection or 

apprehension by altering their 

operations or by destroying or 

concealing evidence that would form 

the basis for detection or apprehension. 

(5) 5 U.S.C. 552a(c)(4) requires an 

agency to inform any person or other 

agency about any correction or notation 

of dispute that the agency made in 

accordance with 5 U.S.C. 552a(d) to any 

record that the agency disclosed to the 

person or agency if an accounting of the 

disclosure was made. Since this 

provision depends on an individual’s 

having access to and an opportunity to 

request amendment of records 

pertaining to the individual, and since 

an exemption from the provisions of 5 

U.S.C. 552a relating to access to, and 

amendment of, records is proposed for 

the reasons set out in paragraph (2) of 

this section, this provision should not 

apply to these systems of records. 

(6) 5 U.S.C. 552a(e)(4)(I) requires an 

agency to publish a general notice 

listing the categories of sources for 

information contained in a system of 

records. Revealing sources of 

information could disclose investigative 

techniques and procedures, result in 

threats or reprisals against confidential 

informants by the subjects of 

investigations, and cause confidential 

informants to refuse to give full 

information to criminal investigators for 

fear of having their identities as sources 

disclosed. 

(7) 5 U.S.C. 552a(e)(1) requires an 

agency to maintain in its records only 

such information about an individual as 

is relevant and necessary to accomplish 

a purpose of the agency required to be 

accomplished by statute or Executive 

Order. The term ‘‘maintain,’’ as defined 

in 5 U.S.C. 552a(a)(3), includes ‘‘collect’’ 

and ‘‘disseminate.’’ The application of 

this provision could impair SIGTARP’s 

ability to collect and disseminate 

valuable law enforcement information. 

In the early stages of an investigation, it 

may be impossible to determine 

whether information collected is 

relevant and necessary, and information 

that initially appears irrelevant and 

unnecessary often may, upon further 

evaluation or upon review of 

information developed subsequently, 

prove particularly relevant and 

necessary to a law enforcement 

program. Compliance with the records 

maintenance criteria listed in the 

foregoing provision would require 

SIGTARP to periodically update the 

investigatory material it collects and 

maintains in these systems to ensure 

that the information remains timely and 

complete. Further, SIGTARP oftentimes 

will uncover evidence of violations of 

law that fall within the investigative 

jurisdiction of other law enforcement 

agencies. To promote effective law 

enforcement, SIGTARP will refer this 

evidence to other law enforcement 

agencies, including State, local, and 

foreign agencies, that have jurisdiction 

over the offenses to which the 

information relates. If required to adhere 

to the provisions of 5 U.S.C. 552a(e)(1), 

SIGTARP might be placed in the 

position of having to ignore information 

relating to violations of law not within 

its jurisdiction when that information 

comes to SIGTARP’s attention during 

the collection and analysis of 

information in its records. 

(8) 5 U.S.C. 552a(e)(2) requires an 

agency to collect information to the 

greatest extent practicable directly from 

the subject individual when the 

information may result in adverse 

determinations about an individual’s 

rights, benefits, and privileges under 

Federal programs. The application of 

this provision to the above-referenced 

systems of records would impair 

SIGTARP’s ability to collect, analyze, 

and disseminate investigative, 

intelligence, and enforcement 

information. During criminal 

investigations it is often a matter of 

sound investigative procedure to obtain 

information from a variety of sources to 

verify the accuracy of the information 

obtained. SIGTARP often collects 

information about the subject of a 

criminal investigation from third 

parties, such as witnesses and 

informants. It is usually not feasible to 

rely upon the subject of the 

investigation as a credible source for 

information regarding his or her alleged 

criminal activities. An attempt to obtain 

information from the subject of a 

criminal investigation will often alert 

that individual to the existence of an 

investigation, thereby affording the 

individual an opportunity to attempt to 

conceal his criminal activities so as to 

avoid apprehension. 

(9) 5 U.S.C. 552a(e)(3) requires an 

agency to inform each individual, whom 

it asks to supply information, of the 

agency’s authority for soliciting the 

information, whether disclosure of 

information is voluntary or mandatory, 

the principal purpose(s) for which the 

agency will use the information, the 

routine uses that may be made of the 

information, and the effects on the 

individual of not providing all or part of 

the information. The above-referenced 

systems of records should be exempted 

from these provisions to avoid 

impairing SIGTARP’s ability to collect 

and maintain investigative material. 

Confidential sources or undercover law 

enforcement officers often obtain 

information under circumstances in 

which it is necessary to keep the true 


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purpose of their actions secret so as not 

to let the subject of the investigation or 

his or her associates know that a 

criminal investigation is in progress. 

Further, application of this provision 

could result in an unwarranted invasion 

of the personal privacy of the subject of 

the criminal investigation, particularly 

where further investigation reveals that 

the subject was not involved in any 

criminal activity. 

(10) 5 U.S.C. 552a(e)(5) requires an 

agency to maintain all records it uses in 

making any determination about any 

individual with such accuracy, 

relevance, timeliness, and completeness 

as is reasonably necessary to assure 

fairness to the individual in the 

determination. Since 5 U.S.C. 552a(a)(3) 

defines ‘‘maintain’’ to include ‘‘collect’’ 

and ‘‘disseminate,’’ application of this 

provision to the systems of records 

would hinder the initial collection of 

any information that could not, at the 

moment of collection, be determined to 

be accurate, relevant, timely, and 

complete. In collecting information 

during a criminal investigation, it is 

often neither possible nor feasible to 

determine accuracy, relevance, 

timeliness, or completeness at the time 

that the information is collected. 

Information that may initially appear 

inaccurate, irrelevant, untimely, or 

incomplete may, when analyzed with 

other available information, become 

more relevant as an investigation 

progresses. Compliance with the records 

maintenance criteria listed in the 

foregoing provision would require the 

periodic review of SIGTARP’s 

investigative records to insure that the 

records maintained in the system 

remain timely, accurate, relevant, and 

complete. 

(11) 5 U.S.C. 552a(e)(8) requires an 

agency to make reasonable efforts to 

serve notice on an individual when the 

agency makes any record on the 

individual available to any person 

under compulsory legal process, when 

such process becomes a matter of public 

record. The above-referenced systems of 

records should be exempted from this 

provision to avoid revealing 

investigative techniques and procedures 

outlined in those records and to prevent 

revelation of the existence of an ongoing 

investigation where there is need to 

keep the existence of the investigation 

secret. 

(12) 5 U.S.C. 552a(g) provides for civil 

remedies to an individual when an 

agency wrongfully refuses to amend a 

record or to review a request for 

amendment, when an agency 

wrongfully refuses to grant access to a 

record, when an agency fails to maintain 

accurate, relevant, timely, and complete 

records which are used to make a 

determination adverse to the individual, 

and when an agency fails to comply 

with any other provision of 5 U.S.C. 

552a so as to adversely affect the 

individual. The investigatory 

information in the above-referenced 

systems of records should be exempted 

from this provision to the extent that the 

civil remedies may relate to provisions 

of 5 U.S.C. 552a from which this would 

exempt the systems of records, since 

there should be no civil remedies for 

failure to comply with provisions from 

which SIGTARP is exempted. 

Exemption from this provision will also 

protect SIGTARP from baseless civil 

court actions that might hamper its 

ability to collect, analyze, and 

disseminate investigative, intelligence, 

and law enforcement data. 

Under 5 U.S.C. 552a(k)(2), the head of 

a Federal 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 ‘‘investigatory 

material compiled for law enforcement 

purposes, other than material within the 

scope of subsection (j)(2).’’ To the extent 

that these systems of records contain 

investigative material within the 

provisions of 5 U.S.C. 552a(k)(2), the 

Department of the Treasury proposes to 

exempt the following systems of records 

from various provisions of the Privacy 

Act pursuant to 5 U.S.C. 552a(k)(2): 

DO .220—SIGTARP Hotline Database. 

DO .221—SIGTARP Correspondence 

Database. 

DO .222—SIGTARP Investigative MIS 

Database. 

DO .223—SIGTARP Investigative 

Files Database. 

DO .224—SIGTARP Audit Files 

Database. 

The proposed exemption under 5 

U.S.C. 552a(k)(2) for the abovereferenced systems of records is from 

provisions 5 U.S.C. 552a(c)(3), (d)(1), 

(d)(2), (d)(3), (d)(4), (e)(1), (e)(4)(G), 

(e)(4)(H), (e)(4)(I), and (f). 

The following are the reasons why the 

investigative material contained in the 

above-referenced systems of records 

maintained by SIGTARP may be 

exempted from various provisions 

pursuant to 5 U.S.C. 552a(k)(2). 

(1) 5 U.S.C. 552a(c)(3) requires an 

agency to make accountings of 

disclosures of a record available to the 

individual named in the record upon 

his or her request. The accountings must 

state the date, nature, and purpose of 

disclosures of the record and the names 

and addresses of recipients. Making 

accountings of disclosures available to 

the subjects of investigations would 

alert them to the fact that SIGTARP is 

conducting an investigation into their 

activities as well as identify the nature, 

scope, and purpose of that investigation. 

The subjects of investigations, if 

provided an accounting of disclosures, 

would be able to take measures to avoid 

detection or apprehension by destroying 

or concealing evidence that would form 

the basis for detection or apprehension. 

(2) 5 U.S.C. 552a(d)(1), (e)(4)(H), and 

(f)(2), (3), and (5) grant individuals 

access, or concern procedures by which 

an individual may gain access, to 

records pertaining to them. Disclosure 

of this information to the subjects of 

investigations would provide 

individuals with information 

concerning the nature and scope of any 

current investigation, may enable them 

to avoid detection or apprehension, may 

enable them to destroy or alter evidence 

of criminal conduct that would form the 

basis for their arrest, and could impede 

or impair SIGTARP’s ability to 

investigate the matter. In addition, 

permitting access to investigative files 

and records could disclose the identity 

of confidential sources and the nature of 

the information supplied by informants 

as well as endanger the physical safety 

of those sources by exposing them to 

possible reprisals for having provided 

the information. Confidential sources 

and informers might refuse to provide 

SIGTARP with valuable information 

unless they believe that their identities 

would not be revealed through 

disclosure of their names or the nature 

of the information they supplied. Loss 

of access to such sources would 

seriously impair SIGTARP’s ability to 

perform its law enforcement 

responsibilities. Furthermore, providing 

access to records contained in the 

systems of records could reveal the 

identities of undercover law 

enforcement officers who compiled 

information regarding the individual’s 

criminal activities, thereby endangering 

the physical safety of those undercover 

officers by exposing them to possible 

reprisals. Permitting access in keeping 

with these provisions would also 

discourage other law enforcement and 

regulatory agencies, foreign or domestic, 

from freely sharing information with 

SIGTARP and thus would restrict its 

access to information necessary to 

accomplish its mission most effectively. 

(3) 5 U.S.C. 552a(d)(2), (3), and (4), 

(e)(4)(H), and (f)(4) permit an individual 

to request amendment of a record 

pertaining to the individual or concern 

related procedures, and require the 

agency either to amend the record or to 

note the disputed portion of the record, 

and to provide a copy of the 

individual’s statement of disagreement 

with the agency’s refusal to amend a 

record to persons or other agencies to 


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whom the record is thereafter disclosed. 

Since these provisions depend upon the 

individual having access to his or her 

records, and since an exemption from 

the provisions of 5 U.S.C. 552a relating 

to access to records is proposed for the 

reasons set out in the preceding 

paragraph of this section, these 

provisions should not apply to the 

above-listed systems of records. 

(4) 5 U.S.C. 552a(e)(1) requires an 

agency to maintain in its records only 

such information about an individual as 

is relevant and necessary to accomplish 

a purpose of the agency required to be 

accomplished by statute or Executive 

Order. The term ‘‘maintain,’’ as defined 

in 5 U.S.C. 552a(a)(3), includes ‘‘collect’’ 

and ‘‘disseminate.’’ The application of 

this provision could impair SIGTARP’s 

ability to collect and disseminate 

valuable law enforcement information. 

In the early stages of an investigation, it 

may be impossible to determine 

whether information collected is 

relevant and necessary, and information 

that initially appears irrelevant and 

unnecessary often may, upon further 

evaluation or upon review of 

information developed subsequently, 

prove particularly relevant and 

necessary to the investigation. 

Compliance with the records 

maintenance provisions would require 

SIGTARP to periodically update the 

investigatory information it collects and 

maintains to ensure that the records in 

these systems remain timely, accurate, 

and complete. Further, SIGTARP 

oftentimes will uncover evidence of 

violations of law that fall within the 

investigative jurisdiction of other law 

enforcement agencies. To promote 

effective law enforcement, SIGTARP 

will refer this evidence to other law 

enforcement agencies, including State, 

local, and foreign agencies, that have 

jurisdiction over the offenses to which 

the information relates. If required to 

adhere to the provisions of 5 U.S.C. 

552a(e)(1), SIGTARP might be placed in 

the position of having to ignore 

information relating to violations of law 

not within its jurisdiction when that 

information comes to SIGTARP’s 

attention during the collection and 

analysis of information in its records. 

(5) 5 U.S.C. 552a(e)(4)(G) and (f)(1) 

enable individuals to inquire whether a 

system of records contains records 

pertaining to them. Application of these 

provisions to the above-referenced 

systems of records could allow 

individuals to learn whether they have 

been identified as subjects of 

investigation. Access to such knowledge 

would impair SIGTARP’s ability to carry 

out its mission, since individuals could 

take steps to avoid detection and 

destroy or hide evidence needed to 

prove the violation. 

(6) 5 U.S.C. 552a(e)(4)(I) requires an 

agency to publish a general notice 

listing the categories of sources for 

information contained in a system of 

records. Revealing sources of 

information could disclose investigative 

techniques and procedures, result in 

threats or reprisals against confidential 

informants by the subjects of 

investigations, and cause confidential 

informants to refuse to give full 

information to criminal investigators for 

fear of having their identities as sources 

disclosed. 

Any information from a system of 

records for which an exemption is 

claimed under 5 U.S.C. 552a(j) or (k) 

which is also included in another 

system of records retains the same 

exempt status such information has in 

the system for which such exemption is 

claimed. 

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(j)(2) and (k) of the 

Privacy Act, is to exempt certain 

information maintained by the 

Department in the above systems of 

records from notification, access and 

amendment of a record by individuals 

who are citizens of the United States or 

an alien lawfully admitted for 

permanent residence. In as much 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. 

2. Section 1.36 is amended as follows: 

a. Paragraph (c)(1)(i) is amended by 

adding ‘‘DO .220—SIGTARP Hotline 

Database; DO .221—SIGTARP 

Correspondence Database; DO .222— 

SIGTARP Investigative MIS Database; 

DO .223—SIGTARP Investigative Files 

Database; and DO .224—SIGTARP Audit 

Files Database’’ to the table in numerical 

order. 

b. Paragraph (g)(1)(i) is amended by 

adding ‘‘DO .220—SIGTARP Hotline 

Database; DO .221—SIGTARP 

Correspondence Database; DO .222— 

SIGTARP Investigative MIS Database; 

DO .223—SIGTARP Investigative Files 

Database, and DO .224—SIGTARP Audit 

Files Database’’ to the table in numerical 

order. 

The additions to § 1.36 read as 

follows: 

§ 1.36 Systems exempt in whole or in part 

from provisions of 5 U.S.C. 522a and this 

part. 

* * * * * 

(c) * * * 

(1) * * * 

(i) * * * 

Number System name 

* * * * * 

DO .220 ... SIGTARP Hotline Database. 

DO .221 ... SIGTARP Correspondence 

Database. 

DO .222 ... SIGTARP Investigative MIS 

Database. 

DO .223 ... SIGTARP Investigative Files 

Database. 

DO .224 ... SIGTARP Audit Files Database. 

* * * * * 

* * * * * 

(g) * * * 

(1) * * * 

(i) * * * 

Number System name 

* * * * * 

DO .220 ... SIGTARP Hotline Database. 

DO .221 ... SIGTARP Correspondence 

Database. 

DO .222 ... SIGTARP Investigative MIS 

Database. 

DO .223 ... SIGTARP Investigative Files 

Database. 

DO .224 ... SIGTARP Audit Files Database. 

* * * * * 

* * * * * 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
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Dated: January 4, 2010. 

Melissa Hartman, 

Acting Deputy Assistant Secretary for Privacy 

and Treasury Records. 

[FR Doc. 2010–293 Filed 1–13–10; 8:45 am] 

BILLING CODE 4810–25–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2009–0513; FRL–9103–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Volatile Organic Compound 

Automobile Refinishing Rules for 

Indiana 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: On June 5, 2009, the Indiana 

Department of Environmental 

Management (IDEM) submitted 

amendments to Indiana’s automobile 

refinishing rule for approval into its 

State Implementation Plan (SIP). These 

rule revisions extend the applicability of 

Indiana’s approved volatile organic 

compound (VOC) automobile 

refinishing rules to all persons in 

Indiana who sell or manufacture 

automobile refinishing coatings or who 

refinish motor vehicles. The rules are 

approvable because they are consistent 

with the Clean Air Act (Act) and EPA 

regulations, and should result in 

additional VOC emission reductions 

throughout Indiana. 

DATES: Comments must be received on 

or before February 16, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2009–0513, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the online instructions for submitting 

comments. 

2. E-mail: mooney.john@epa.gov. 

3. Fax: (312) 692–2551. 

4. Mail: John M. Mooney, Chief, 

Criteria Pollutant Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: John M. Mooney, 

Chief, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the regional office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

regional office official hours of business 

are Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2009– 

0513. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters and any form of 

encryption, and be free of any defects or 

viruses. For additional instructions on 

submitting comments, go to Section I of 

the SUPPLEMENTARY INFORMATION section 

of this document. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone Steven 

Rosenthal at (312) 886–6052 before 

visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Steven Rosenthal, Environmental 

Engineer, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6052. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. What Should I Consider as I Prepare My 

Comments for EPA? 

II. What Action Is EPA Taking Today and 

What Is the Purpose of This Action? 

III. What Is EPA’s Analysis of Indiana’s 

Automobile Refinishing Rule? 

IV. Statutory and Executive Order Reviews 

I. What Should I Consider as I Prepare 

My Comments for EPA? 

When submitting comments, 

remember to: 

1. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

2. Follow directions—The EPA may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

3. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

4. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

5. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

6. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

7. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

8. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. What Action Is EPA Taking Today 

and What Is the Purpose of This 

Action? 

EPA is proposing to approve rule 

revisions that broaden the coverage of 

Indiana’s VOC automobile refinishing 

SIP rules to include to all persons in 

Indiana who sell or manufacture 

automobile refinishing coatings or who 

refinish motor vehicles. Given the 

revised rule’s focus on VOC coating 

limitations and work practice standards, 

Indiana has also deleted references to 

control technology requirements. 


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