Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Proposed Rules 52295 

reaches consensus on the provisions of 

a proposed rule ONRR will develop a 

proposed rule to be published in the 

Federal Register. 

Certification 

I hereby certify that the Indian Oil 

Valuation Negotiated Rulemaking 

Committee is in the public interest. 

Dated: August 15, 2011. 

Ken Salazar, 

Secretary of the Interior. 

[FR Doc. 2011–21305 Filed 8–19–11; 8:45 am] 

BILLING CODE 4310–MR–P 

DEPARTMENT OF THE INTERIOR 

43 CFR Part 2 

RIN 1090–AA94 

Amendment of Privacy Act 

Regulations, Request for Comments 

AGENCY: Office of the Secretary, Interior. 

ACTION: Proposed Rule. 

SUMMARY: The Department of the 

Interior is amending its regulations to 

exempt certain records from particular 

provisions of the Privacy Act. 

Specifically, the Department proposes to 

exempt certain records of the newlycreated Debarment and Suspension 

Program system of records from one or 

more provisions of the Privacy Act. 

DATES: Submit written comments on 

October 3, 2011. 

ADDRESSES: Send written comments, 

identified by RIN 1090–AA94, by one of 

the following methods: 

• Federal e-Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Karen Burke, OS/NBC Privacy 

Act Officer, Office of the Secretary, 

Department of the Interior, 1951 

Constitution Ave, NW., Mail Stop 116 

SIB, Washington, DC 20240. 

• E-mail: Karen Burke, OS/NBC 

Privacy Act Officer, Office of the 

Secretary, privacy@nbc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Karen Burke, OS/NBC Privacy Act 

Officer, Office of the Secretary, U.S. 

Department of the Interior, 1951 

Constitution Avenue, NW., Mail Stop 

116 SIB, Washington, DC 20240. E-mail 

at privacy@nbc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department of the Interior (DOI) 

Office of Acquisition and Property 

Management maintains the Debarment 

and Suspension Program system of 

records. The primary purpose of this 

system of records is to assist DOI in 

conducting and documenting debarment 

and suspension proceedings to ensure 

that Federal procurements and Federal 

discretionary assistance, loans, and 

benefits are awarded to presently 

responsible business entities, 

organizations, and individuals. 

Additional purposes of the system are 

to: Promote understanding of the case 

decision path and concerns addressed 

by the debarring and suspending official 

in reaching a decision; to promote the 

submission of relevant arguments in 

contested cases; to educate the public 

and private bar as to the kinds of 

mitigating factors and remedial 

measures that demonstrate present 

responsibility; and to enhance the 

transparency of decision making. 

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

(k)(5), 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 complied for law 

enforcement purposes, other than 

material within the scope of subsection 

(j)(2)’’ or ‘‘investigatory material 

compiled solely for the purpose of 

determining suitability, eligibility, or 

qualifications for Federal civilian 

employment, military service, Federal 

contracts, or access to classified 

information. * * *’’ 

To the extent that this system of 

records contains investigatory material 

within the provision of 5 U.S.C. 

552a(k)(2) and (k)(5), the Department of 

the Interior proposes to exempt the 

Debarment and Suspension Program 

System of Records from provisions 5 

U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), 

(H), (I); and (f). Exemptions from these 

particular subsections are justified for 

the following reasons: 

1. From subsection (c)(3) because 

granting access to the accounting for 

each disclosure as normally required by 

the Privacy Act, including the date, 

nature, and purpose of each disclosure 

and the identity of the recipient, could 

alert the subject to the existence of the 

investigation or action interest by DOI 

or other agencies. This could seriously 

compromise case preparation by 

prematurely revealing its existence and 

nature; compromise or interfere with 

witnesses or make witnesses reluctant to 

cooperate; and/or lead to suppression, 

alteration, or destruction of evidence. 

2. From subsections (d) and (f) 

because providing access to records of a 

debarment or suspension action 

investigation and the right to contest the 

contents of those records and force 

changes to be made to the information 

contained therein to individuals whose 

names may appear in the records due to 

having provided information about a 

respondent but who are not the subject 

of the debarment or suspension action 

would seriously interfere with and 

thwart the orderly and unbiased 

conduct of the investigation, impede 

debarment or suspension case 

preparation, and/or conflict with the 

evidentiary fact finding process under 

the debarment and suspension rules. 

Providing rights normally afforded 

under the Privacy Act and agency rules 

could provide the subject with valuable 

information that would allow 

interference with or compromise of 

witnesses or render witnesses reluctant 

to cooperate; lead to suppression, 

alteration, or result in destruction of 

evidence interfering with the 

development of the suspension or 

debarment action; and/or jeopardize 

pending or ongoing judicial proceedings 

or impede the ability to act to protect 

Federal procurement and nonprocurement program interests. 

Additionally, the debarment and 

suspension rules provide a process 

which accords recipients of action 

notices, as part of the contest process, 

the opportunity, where facts material to 

the action are determined to be 

genuinely in dispute, for an evidentiary 

fact finding hearing at which to confront 

and cross examine the government’s 

witnesses. 

3. From subsection (e)(1) because it is 

not always possible to detect the 

relevance or necessity of each piece of 

information in the early stages of an 

investigation. In some cases, it is only 

after the information is evaluated in 

light of other evidence that its relevance 

and necessity to accomplish a purpose 

of the agency will be clear. 

4. From subsections (e)(4)(G) and (H) 

because there is no necessity for such 

publication since the system of records 

will be exempt from the underlying 

duties to provide notification about and 

access to information in the system and 

to make amendments to and corrections 

of the information in the system. 

5. From subsection (e)(4)(I) because to 

the extent that this provision is 

construed to require more detailed 

disclosure than the broad, generic 

information currently published in the 

system notice, an exemption from this 

provision is necessary to protect the 

confidentiality of sources of information 

and to protect privacy and physical 

safety of witnesses and informants. DOI 

will, nevertheless, continue to publish 

such a notice in broad generic terms as 

is its current practice. 


jlentini on DSK4TPTVN1PROD with PROPOSALS
52296 Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Proposed Rules 

Procedural Requirements 

1. Regulatory Planning and Review (E.O. 

12866) 

The Office of Management and Budget 

(OMB) has determined that this rule is 

not a significant rule and has not 

reviewed it under the requirements of 

Executive Order 12866. We have 

evaluated the impacts of the rule as 

required by E.O. 12866 and have 

determined that it does not meet the 

criteria for a significant regulatory 

action. The results of our evaluation are 

given below. 

(a) This rule will not have an annual 

effect of $100 million or more on the 

economy. It will not adversely affect in 

a material way the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local or Tribal governments or 

communities. 

(b) This rule would not create a 

serious inconsistency or otherwise 

interfere with an action taken or 

planned by another agency. 

(c) This rule does not alter the 

budgetary effects of entitlements, grants, 

user fees, concessions, loan programs, 

water contracts, management 

agreements, or the rights and obligations 

of their recipients. 

(d) This rule does not raise any novel 

legal or policy issues. 

2. Regulatory Flexibility Act 

The Department of the Interior 

certifies that this document will not 

have a significant economic effect on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). This rule does not 

impose a requirement for small 

businesses to report or keep records on 

any of the requirements contained in 

this rule. The exemptions to the Privacy 

Act apply to individuals, and 

individuals are not covered entities 

under the Regulatory Flexibility Act. 

3. Small Business Regulatory 

Enforcement Fairness Act (SBREFA) 

This rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

This rule: 

(a) Does not have an annual effect on 

the economy of $100 million or more. 

(b) Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. 

(c) Does not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of United States-based 

enterprises to compete with foreignbased enterprises. 

4. Unfunded Mandates Reform Act 

This rule does not impose an 

unfunded mandate on State, local, or 

Tribal governments in the aggregate, or 

on the private sector, of more than $100 

million per year. The rule does not have 

a significant or unique effect on State, 

local, or Tribal governments or the 

private sector. This rule makes only 

minor changes to 43 CFR part 2. A 

statement containing the information 

required by the Unfunded Mandates 

Reform Act (2 U.S.C. 1531 et seq.) is not 

required. 

5. Takings (E.O. 12630) 

In accordance with Executive Order 

12630, the rule does not have significant 

takings implications. This rule makes 

only minor changes to 43 CFR part 2. A 

takings implication assessment is not 

required. 

6. Federalism (E.O. 13132) 

In accordance with Executive Order 

13132, this rule does not have any 

federalism implications to warrant the 

preparation of a Federalism Assessment. 

The rule is not associated with, nor will 

it have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. A Federalism 

Assessment is not required. 

7. Civil Justice Reform (E.O. 12988) 

This rule complies with the 

requirements of Executive Order 12988. 

Specifically, this rule: 

(a) Does not unduly burden the 

judicial system. 

(b) Meets the criteria of section 3(a) 

requiring that all regulations be 

reviewed to eliminate errors and 

ambiguity and be written to minimize 

litigation; and 

(c) Meets the criteria of section 3(b)(2) 

requiring that all regulations be written 

in clear language and contain clear legal 

standards. 

8. Consultation With Indian Tribes (E.O. 

13175) 

In accordance with Executive Order 

13175, the Department of the Interior 

has evaluated this rule and determined 

that it would have no substantial effects 

on Federally recognized Indian Tribes. 

9. Paperwork Reduction Act 

This rule does not require an 

information collection from 10 or more 

parties and a submission under the 

Paperwork Reduction Act is not 

required. 

10. National Environmental Policy Act 

This rule does not constitute a major 

Federal action and would not have a 

significant effect on the quality of the 

human environment. Therefore, this 

rule does not require the preparation of 

an environmental assessment or 

environmental impact statement under 

the requirements of the National 

Environmental Policy Act of 1969. 

11. Data Quality Act 

In developing this rule, there was no 

need to conduct or use a study, 

experiment, or survey requiring peer 

review under the Data Quality Act (Pub. 

L. 106–554). 

12. Effects on Energy Supply (E.O. 

13211) 

This rule is not a significant energy 

action under the definition in Executive 

Order 13211. A Statement of Energy 

Effects is not required. 

13. Clarity of This Regulation 

We are required by Executive Order 

12866 and 12988, the Plain Writing Act 

of 2010 (H.R. 946), and the Presidential 

Memorandum of June 1, 1998, to write 

all rules in plain language. This means 

each rule we publish must: 

—Be logically organized; 

—Use the active voice to address 

readers directly; 

—Use clear language rather than jargon; 

—Be divided into short sections and 

sentences; and 

—Use lists and tables wherever 

possible. 

List of Subjects in 43 CFR Part 2 

Privacy Act, Sensitive information, 

Freedom of Information Act, Reporting 

and recordkeeping requirements. 

Dated: August 9, 2011. 

Rhea Suh, 

Assistant Secretary for Policy, Management 

and Budget. 

For the reasons stated in the 

preamble, the Department of the Interior 

proposes to amend 43 CFR part 2 as 

follows: 

PART 2—RECORDS AND TESTIMONY; 

FREEDOM OF INFORMATION ACT 

1. The authority citation for part 2 

continues to read as follows: 

Authority: 5 U.S.C. 301, 552 and 552a; 31 

U.S.C. 9701 and 43 U.S.C. 1460–1461. 

Appendix F to Part 2 also is issued under 30 

U.S.C. 201–209; 30 U.S.C. 351–360. 

2. In § 2.79, add paragraphs (b)(14) 

and (c)(4) to read as follows: 

§ 2.79 Exemptions. 

* * * * * 


jlentini on DSK4TPTVN1PROD with PROPOSALS
Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Proposed Rules 52297 

(b)* * * 

(14) Debarment and Suspension 

Program, DOI–11. 

(c)* * * 

(4) Debarment and Suspension 

Program, DOI–11. 

* * * * * 

[FR Doc. 2011–21306 Filed 8–19–11; 8:45 am] 

BILLING CODE 4310–RK–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 204 and 252 

RIN 0750–AG47 

[DFARS Case 2011–D039] 

Defense Federal Acquisition 

Regulation Supplement; Safeguarding 

Unclassified DoD Information 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to add 

a new subpart and associated contract 

clauses to address requirements for 

safeguarding unclassified DoD 

information. The comment period is 

being extended 93 days to provide 

additional time for interested parties to 

review the proposed DFARS changes. 

DATES: Comments on the proposed rule 

should be submitted in writing to one of 

the addresses shown below on or before 

November 30, 2011, to be considered in 

the formation of the final rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2011–D039, 

using any of the following methods: 

Æ Federal eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

Æ E-mail: dfars@osd.mil. Include 

DFARS Case 2011–D039 in the subject 

line of the message. 

Æ Fax: 703–602–0350. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Mr. Julian 

Thrash, OUSD(AT&L)DPAP(DARS), 

Room 3B855, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Comments received generally will be 

posted without change to http://

www.regulations.gov, including any 

personal information provided. 

To confirm receipt of your comment, 

please check http://www.regulations.gov 

approximately two to three days after 

submission to verify posting (except 

allow 93 days for posting of comments 

submitted by mail). 

FOR FURTHER INFORMATION CONTACT: Mr. 

Julian Thrash, telephone 703–602–0310. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule in the 

Federal Register on June 29, 2011 (76 

FR 38089), with a request for comments 

by August 29, 2011. DoD is extending 

the comment period for 93 days to 

provide additional time for interested 

parties to review the proposed DFARS 

changes. 

Mary Overstreet, 

Editor, Defense Acquisition Regulations 

System. 

[FR Doc. 2011–21337 Filed 8–19–11; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R9–IA–2011–0027; 96300– 

1671–0000–R4] 

RIN 1018–AW81 

Endangered and Threatened Wildlife 

and Plants; U.S. Captive-Bred InterSubspecific Crossed or Generic Tigers 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), propose to 

amend the regulations that implement 

the Endangered Species Act (Act) by 

removing inter-subspecific crossed or 

generic tiger (Panthera tigris) (i.e., 

specimens not identified or identifiable 

as members of Bengal, Sumatran, 

Siberian, or Indochinese subspecies 

from the list of species that are exempt 

from registration under the Captive-bred 

Wildlife (CBW) regulations. The 

exemption currently allows those 

individuals or breeding operations who 

want to conduct otherwise prohibited 

activities, such as take, interstate 

commerce, and export, under the Act 

with U.S. captive-bred, live intersubspecific crossed or generic tigers to 

do so without becoming registered. We 

are proposing this change to the 

regulations to strengthen control over 

captive breeding of tigers in the United 

States to ensure that such breeding 

supports the conservation of the species 

in the wild consistent with the purposes 

of the Act. The inter-subspecific crossed 

or generic tigers remain listed as 

endangered under the Act, and a person 

would need to obtain authorization 

under the current statutory and 

regulatory requirements to conduct any 

otherwise prohibited activities with 

them. 

DATES: We will consider comments 

received or postmarked on or before 

September 21, 2011. 

ADDRESSES: You may submit comments 

by one of the following methods: 

Electronically: Go to the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. In the Enter 

Keyword or ID box, enter FWS–R9–IA– 

2011–0027, which is the docket number 

for this rulemaking. Then, in the Search 

panel at the top of the screen, under the 

Document Type heading, check the box 

next to Proposed Rules to locate this 

document. You may submit a comment 

by clicking on ‘‘Send a Comment.’’ 

By hard copy: Submit by U.S. mail or 

hand-delivery to: Public Comments 

Processing, Attn: FWS–R9–IA–2011– 

0027; Division of Policy and Directives 

Management; U.S. Fish and Wildlife 

Service; 4401 N. Fairfax Drive, MS 

2042–PDM; Arlington, VA 22203. 

We will not accept e-mails or faxes. 

We will post all comments on http:// 

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see the 

Public Comments section at the end of 

SUPPLEMENTARY INFORMATION for further 

information about submitting 

comments). 

FOR FURTHER INFORMATION CONTACT: 

Timothy J. Van Norman, Chief, Branch 

of Permits, Division of Management 

Authority, U.S. Fish and Wildlife 

Service, 4401 N. Fairfax Drive, Suite 

212, Arlington, VA 22203; telephone 

703–358–21040; fax 703–358–2281. If 

you use a telecommunications device 

for the deaf (TDD), call the Federal 

Information Relay Service (FIRS) at 

800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Background 

To prevent the extinction of wildlife 

and plants, the Endangered Species Act 

of 1973, as amended (16 U.S.C. 1531 et 

seq.) (Act), and its implementing 

regulations, prohibit any person subject 

to the jurisdiction of the United States 

from conducting certain activities 

unless authorized by a permit. These 

activities include import, export, take, 

and interstate or foreign commerce. The 

Department of the Interior may permit 

these activities for endangered species 

for scientific research or enhancement 

of the propagation or survival of the 

species, provided the activities are 

consistent with the purposes of the Act. 


jlentini on DSK4TPTVN1PROD with PROPOSALS