51778 Federal Register / Vol. 74, No. 194 / Thursday October 8, 2009 / Rules and Regulations 

(iii) Release to the individual of the 

disclosure accounting would alert the 

individual as to which agencies were 

investigating the tax exempt government 

entity subject to investigation, would 

provide information concerning the 

scope of the investigation, and could aid 

the individual in impeding or 

compromising investigations by those 

agencies. 

(2) 5 U.S.C. 552a(d)(1), (2), (3) and (4), 

(e)(4)(G), (e)(4)(H), and (f). These 

provisions of the Privacy Act relate to 

an individual’s right to be notified of: 

The existence of records pertaining to 

such individual; Requirements for 

identifying an individual who requested 

access to records; the agency procedures 

relating to access to records; the content 

of the information contained in such 

records; and; the civil remedies 

available to the individual in the event 

of adverse determinations by an agency 

concerning access to or amendment of 

information contained in record 

systems. 

The reasons for exempting this system 

of records from the foregoing provisions 

are as follows: 

Notifying an individual (at the 

individual’s request) of the existence of 

an investigative file pertaining to such 

individual or granting access to an 

investigative file pertaining to such 

individual could: Interfere with 

investigative and enforcement 

proceedings; deprive co-defendants of a 

right to a fair trial or an impartial 

adjudication; constitute an unwarranted 

invasion of the personal privacy of 

others; disclose the identity of 

confidential sources and reveal 

confidential information supplied by 

such sources; or, disclose investigative 

techniques and procedures. 

(3) 5 U.S.C. 552a(e)(1). This provision 

of the Privacy Act requires each 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 reasons for exempting this 

system of records from the foregoing are 

as follows: 

(i) The IRS will limit the system to 

those records relevant and necessary for 

identifying, monitoring, and responding 

to complaints, allegations and other 

information received concerning 

violations or potential violations of Title 

26. However, an exemption from the 

foregoing is needed because, 

particularly in the early stages of an 

investigation, it is not always possible to 

determine the relevance or necessity of 

specific information. 

(ii) Relevance and necessity are 

questions of judgment and timing. What 

appears relevant and necessary when 

first received may subsequently be 

determined to be irrelevant or 

unnecessary. It is only after the 

information is evaluated that the 

relevance and necessity of such 

information can be established with 

certainty. 

(4) 5 U.S.C. 552a(e)(4)(I). This 

provision of the Privacy Act requires the 

publication of the categories of sources 

of records in each system of records. 

The reasons for exempting this system 

of records from the foregoing provision 

are as follows: 

(i) Revealing categories of sources of 

information could disclose investigative 

techniques and procedures; 

(ii) Revealing categories of sources of 

information could cause sources that 

supply information to investigators to 

refrain from giving such information 

because of fear of reprisal, or fear of 

breach of promises of anonymity and 

confidentiality. 

As required by Executive Order 

12866, it has been determined that this 

rule is not a significant regulatory 

action, and therefore, does not require a 

regulatory impact analysis. 

The regulation will not have a 

substantial direct effect on the States, on 

the relationship between the Federal 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, it is 

determined that this rule does not have 

federalism implications under Executive 

Order 13132. 

Pursuant to the requirements of the 

Regulatory Flexibility Act, 5 U.S.C. 601– 

612, it is hereby certified that these 

regulations will not significantly affect a 

substantial number of small entities. 

The rule imposes no duties or 

obligations on small entities. 

In accordance with the provisions of 

the Paperwork Reduction Act of 1995, 

the Department of the Treasury has 

determined that this rule would not 

impose new recordkeeping, application, 

reporting, or other types of information 

collection requirements. 

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] 

■ 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. 

■ 2. Section 1.36 paragraph (g)(1)(viii) is 

amended by adding the following text to 

the table in numerical order. 

§ 1.36 Systems exempt in whole or in part 

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

subpart. 

* * * * * 

(g) * * * 

(1) * * * 

(viii) * * * 

Number Name of system 

* * * * * 

Treasury/IRS 50.222 Tax Exempt Government Entities Case 

Management 

Records. 

* * * * * 

Dated: August 25, 2009. 

Elizabeth Cuffe, 

Deputy Assistant Secretary for Privacy and 

Treasury Records. 

[FR Doc. E9–24302 Filed 10–7–09; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[USCG–2009–0816] 

Notice of Enforcement of Regulation 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the special local regulations in the 

navigable waters of San Francisco Bay 

for the annual U.S. Navy and City of San 

Francisco sponsored Fleet Week Parade 

of Navy Ships, Blue Angels Flight 

Demonstrations, and Ship Tours to be 

held from October 8, 2009 through 

October 12, 2009. This action is 

necessary to ensure the safety of event 

participants and spectators. During the 

enforcement period, no persons or 

vessels may enter the regulated area 

without permission of the Captain of the 

Port (COTP) or his designated 

representative. 

DATES: The regulations in 33 CFR 

100.1105(b)(2), regulated area ‘‘Bravo’’ 

for the U.S. Navy Blue Angels 

Activities, will be enforced from 12:30 

p.m. to 5 p.m. on October 8, 2009 

through October 11, 2009. If the U.S. 

Navy Blue Angels Activities are delayed 

by inclement weather, the regulation 


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Federal Register / Vol. 74, No. 194 / Thursday October 8, 2009 / Rules and Regulations 51779 

will also be enforced on October 12, 

2009, from 12:30 p.m. to 5 p.m. The 

regulations in 33 CFR 100.1105(b)(1), 

regulated area ‘‘Alpha’’ for Navy Parade 

of Ships, will be enforced from 10:30 

a.m. to 1 p.m. on October 10, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant Junior Grade Simone Mausz, 

Waterways Safety Branch, U.S. Coast 

Guard Sector San Francisco, at (415) 

399–7443; e-mail 

simone.mausz@uscg.mil, or the Sector 

San Francisco Command Center, at 

(415) 399–3547. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the special local 

regulation for the annual San Francisco 

Bay Navy Fleet Week Parade of Ships 

and Blue Angels Demonstration in 33 

CFR 100.1105; the Navy Parade of Ships 

will be enforced from 10:30 a.m. to 1 

p.m. on October 10, 2009; and the U.S. 

Navy Blue Angels Activities will be 

enforced from 12:30 p.m. to 5 p.m. on 

October 8, 2009 through October 12, 

2009. If the U.S. Navy Blue Angels 

Activities are delayed by inclement 

weather, the regulation will also be 

enforced on October 12, 2009, from 

12:30 p.m. to 5 p.m. These regulations 

can also be found in the October 1, 

1993, issue of the Federal Register 58 

FR 51242. Under the provisions of 33 

CFR 100.1105 a vessel may not enter the 

regulated area, unless it receives 

permission from the COTP. 

Additionally, no person or vessel may 

enter or remain within 500 yards ahead 

of the lead Navy parade vessel, within 

200 yards astern of the last parade 

vessel, and within 200 yards on either 

side of all parade vessels. No person or 

vessel shall anchor, block, loiter in, or 

impede the transit of ship parade 

participants or official patrol vessels. 

When hailed by U.S. Coast Guard patrol 

personnel by siren, radio, flashing light, 

or other means, a person or vessel shall 

come to an immediate stop. Persons or 

vessels shall comply with all directions 

given. The Coast Guard may be assisted 

by other Federal, State, or local law 

enforcement agencies in enforcing this 

regulation. 

This notice is issued under authority 

of 33 CFR 100.1105 and 5 U.S.C. 552(a). 

In addition to this notice in the Federal 

Register, the Coast Guard will provide 

the maritime community with extensive 

advance notification of this enforcement 

period via the Local Notice to Mariners, 

and Broadcast Notice to Mariners. 

Dated: September 11, 2009. 

P.M. Gugg, 

Captain, U.S. Coast Guard, Captain of the 

Port, San Francisco. 

[FR Doc. E9–24319 Filed 10–7–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 110 

[Docket No. USCG–2009–0045] 

RIN 1625–AA01 

Anchorage Regulations; Port of New 

York 

AGENCY: Coast Guard, DHS. 

ACTION: Direct final rule; confirmation of 

effective date. 

SUMMARY: This document confirms that 

the direct final rule entitled ‘‘Anchorage 

Regulations; Port of New York,’’ 

published July 1, 2009, in the Federal 

Register (74 FR 31354), became effective 

September 29, 2009. 

DATES: The effective date of the direct 

final rule published July 1, 2009 (74 FR 

31354), is confirmed as September 29, 

2009. 

ADDRESSES: The docket for this 

rulemaking, USCG–2009–0045, is 

available for inspection or copying at 

the Docket Management Facility (M–30), 

U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. You may also 

find this docket on the Internet by going 

to http://www.regulations.gov, inserting 

USCG–2009–0045 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rulemaking, 

call or e-mail Mr. Jeff Yunker, 

Waterways Management Division, Coast 

Guard, telephone 718–354–4195, e-mail 

Jeff.M.Yunker@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

On July 1, 2009, we published a direct 

final rule entitled ‘‘Anchorage 

Regulations; Port of New York’’ in the 

Federal Register (74 FR 31354). That 

direct final rule revised the southern 

boundary of Anchorage Ground No. 20– 

F such that it no longer interferes with 

the expanded Port Jersey Federal 

Channel, removing authorization for 

vessels to mistakenly anchor within a 

Federal Channel, and therefore 

removing this hazardous condition for 

vessels navigating in this area. 

Additionally, the direct final rule 

updated two geographic coordinates 

that make up the northern boundary. 

The physical location of these points is 

unchanged; however slight changes in 

the coordinates reflect the update to 

datum NAD 83. 

In the direct final rule we notified the 

public of our intent to make the rule 

effective on September 29, 2009, unless 

an adverse comment, or notice of intent 

to submit an adverse comment, was 

received on or before August 31, 2009. 

We did not receive any comments or 

notices of intent to submit an adverse 

comment on that rule. Therefore, under 

33 CFR 1.05–55(d), we now confirm that 

the ‘‘Anchorage Regulations; Port of 

New York’’ rule became effective, as 

scheduled, on September 29, 2009. 

Dated: September 29, 2009. 

Joseph L. Nimmich, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District. 

[FR Doc. E9–24318 Filed 10–7–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 110 

[Docket No. USCG–2008–1232] 

RIN 1625–AA01 

Anchorages; New and Revised 

Anchorages in the Captain of the Port 

Portland, OR, Area of Responsibility 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a new anchorage, 

modifying existing anchorages, and 

revising the regulations governing 

anchorages in the Captain of the Port 

Portland, Oregon, area of responsibility. 

These changes are necessary to ensure 

that there are sufficient anchorage 

opportunities in that area, and to clarify 

the locations of those anchorage 

opportunities. In addition, the changes 

will help prevent conflicts with 

navigable channels and other uses of 

anchorage waters. 

DATES: This rule is effective November 

9, 2009. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2008–1232 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2008–1232 in the ‘‘Keyword’’ box, and 

clicking ‘‘Search.’’ This material is also 

available for inspection or copying at 

the Docket Management Facility (M–30), 


srobinson on DSKHWCL6B1PROD with RULES