2692 Federal Register / Vol. 77, No. 12 / Thursday, January 19, 2012 / Notices 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35). 

Agency: National Oceanic and 

Atmospheric Administration (NOAA). 

Title: Socio-Economic Assessment of 

Snapper Grouper Fisheries in the U.S. 

Caribbean. 

OMB Control Number: None. 

Form Number(s): NA. 

Type of Request: Regular submission 

(request for a new information 

collection). 

Number of Respondents: 250. 

Average Hours per Response: 1 hour. 

Burden Hours: 250. 

Needs and Uses: This request is for a 

new information collection. 

The National Marine Fisheries Service 

(NMFS) proposes to collect 

demographic, cultural, economic, and 

social information about the snappergrouper fisheries in the United States 

(U.S.) Caribbean. The proposed survey 

also intends to inquire about industry’s 

perceptions, attitudes and beliefs 

regarding the potential use of catch 

shares to manage these fisheries. The 

data gathered will be used to describe 

the current socio-economic condition of 

the fishery and offer insight into 

fishermen’s concerns about a potential 

catch share program, which could be 

used to better tailor a potential program. 

In addition, the information collected 

will be used to strengthen and improve 

fishery management decision-making, 

satisfy legal mandates under Executive 

Order 12866, the Magnuson-Stevens 

Fishery Conservation and Management 

Act (U.S.C. 1881 et seq.), the Regulatory 

Flexibility Act, the Endangered Species 

Act, and the National Environmental 

Policy Act, and other pertinent statutes. 

Affected Public: Business or other forprofit organizations. 

Frequency: One time only. 

Respondent’s Obligation: Voluntary. 

OMB Desk Officer: 

OIRA_Submission@omb.eop.gov. 

Copies of the above information 

collection proposal can be obtained by 

calling or writing Jennifer Jessup, 

Departmental Paperwork Clearance 

Officer, (202) 482–0366, Department of 

Commerce, Room 6616, 14th and 

Constitution Avenue NW, Washington, 

DC 20230 (or via the Internet at 

JJessup@doc.gov). 

Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to 

OIRA_Submission@omb.eop.gov. 

Dated: January 12, 2012. 

Gwellnar Banks, 

Management Analyst, Office of the Chief 

Information Officer. 

[FR Doc. 2012–913 Filed 1–18–12; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

[Docket No. 110906558–1551–01] 

Privacy Act of 1974; System of 

Records 

AGENCY: Office of Inspector General 

(OIG), Department of Commerce (DOC). 

ACTION: Notice of Proposed Amendment 

to Privacy Act System of Records, 

‘‘Investigative and Inspection Records— 

COMMERCE/DEPT–12.’’ 

SUMMARY: In accordance with the 

Privacy Act of 1974, as amended, 5 

U.S.C. 552a(e)(4) and (11), and Office of 

Management and Budget (OMB) 

Circular A–130, Appendix I, ‘‘Federal 

Agency Responsibility for Maintaining 

Records about Individuals,’’ DOC OIG 

proposes to amend the system of records 

entitled ‘‘Investigative and Inspection 

Records—COMMERCE/DEPT–12,’’ to 

include the new automated Inspector 

General Complaint Intake Reporting and 

Tracking System (‘‘IG–CIRTS’’); change 

the system name to ‘‘OIG Investigative 

Records’’; update OIG routine uses; 

update OIG’s practices for electronically 

storing, retrieving, and safeguarding 

records in the System, and generally 

update the systems notice. The new 

system will enhance efficiency in the 

complaint intake and case tracking 

processes, reduce burdens of paper 

storage, and update protections in 

access and storage of information within 

the records system. Accordingly, 

‘‘Investigative and Inspection Records— 

COMMERCE/DEPT—12,’’ published in 

the Federal Register, 50 FR 9102–9105 

(Mar. 6, 1985), is amended and restated 

as shown below. DOC OIG invites 

public comment on the amended system 

announced in this publication. 

DATES: Comment Date: To be 

considered, written comments on the 

proposed amended system must be 

submitted on or before February 21, 

2012. 

Effective Date: Unless comments are 

received, the amended system of records 

will become effective, as proposed, on 

the date a subsequent notice is 

published in the Federal Register. 

ADDRESSES: Please address comments to 

Counsel to the Inspector General, Room 

7892, U.S. Department of Commerce, 

1401 Constitution Avenue NW., 

Washington, DC 20230; by email to 

IGCounsel@oig.doc.gov; or by facsimile 

to (202) 501–7335. For further 

information, general questions, and 

privacy-related issues, please contact 

the Counsel to the Inspector General at 

(202) 482–5992. 

SUPPLEMENTARY INFORMATION: The 

Inspector General Act of 1978, as 

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

DOC OIG to conduct investigations to 

detect and prevent fraud, waste, 

mismanagement and abuse, and to 

promote economy and efficiency, in the 

DOC’s programs and operations. OIG 

uses records in this system in the course 

of investigating individuals and entities 

suspected of criminal, civil, or 

administrative misconduct, and in 

supporting related judicial and 

administrative proceedings. OIG’s Office 

of Investigations (OI) maintains and 

manages OIG’s investigative records. 

The updates to the system will not 

involve the collection of additional 

categories of information, but will 

provide methods for data tracking and 

retrieval previously unavailable. The 

new system will enhance efficiency in 

the complaint intake and case tracking 

processes, reduce burdens of paper 

storage, and update protections in 

access and storage of information within 

the records system. 

SYSTEM NAME: 

COMMERCE/DEPT–12, OIG 

Investigative Records. 

SECURITY CLASSIFICATION: 

Sensitive but Unclassified (SBU). 

SYSTEM LOCATION: 

U.S. Department of Commerce, Office 

of Inspector General, 14th Street and 

Constitution Avenue NW., Washington, 

DC 20230; U.S. Department of 

Commerce, Office of Inspector General, 

Regional Offices, and investigative 

site(s) used in the course of OIG 

investigation(s). 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

In connection with its investigative 

duties, DOC OIG maintains records in 

its records system on the following 

categories of individuals insofar as they 

are relevant to any investigation or 

preliminary inquiry undertaken to 

determine whether to commence an 

investigation: subjects of investigations; 

complainants; witnesses; confidential 

and non-confidential informants; 

contractors; subcontractors; recipients of 

Federal funds and their contractors/ 

subcontractors and employees; 

individuals interacting with DOC 

employees or management; current, 

former, and prospective DOC 

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employees; alleged violators of DOC 

rules and regulations; union officials; 

individuals who are investigated and/or 

interviewed; persons suspected of 

violations of administrative, civil, and/ 

or criminal provisions; grantees; subgrantees; lessees; licensees; persons 

engaged in official business with the 

DOC; or other persons identified by the 

OIG or by other agencies, constituent 

units of the DOC, and members of the 

general public in connection with the 

authorized functions of the OIG. The 

names of individuals and related 

information may be received by referral 

or through inquiries initiated at the 

discretion of the Inspector General in 

the conduct of assigned duties. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

The system contains investigative 

reports and materials gathered or 

created with regard to investigations of 

administrative, civil, and criminal 

matters by DOC OIG and other Federal, 

State, local, tribal, territorial, nongovernmental, international, foreign 

regulatory, or foreign law enforcement 

agencies or entities. Categories of 

records may include: complaints; 

requests to investigate; information 

contained in criminal, civil, or 

administrative referrals; statements from 

subjects and/or witnesses; affidavits, 

transcripts, police reports, photographs, 

and/or documents relative to a subject’s 

prior criminal record; medical records; 

accident reports; materials and 

intelligence information from other 

governmental investigatory or law 

enforcement organizations; information 

relative to the status of a particular 

complaint or investigation, including 

any determination relative to criminal 

prosecution, civil, or administrative 

action; general case management 

documentation; subpoenas and 

evidence obtained in response to 

subpoenas; evidence logs; pen registers; 

correspondence; records of 

investigation; and other data and 

evidence collected or generated by 

OIG’s Office of Investigations while 

conducting its official duties. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

The Inspector General Act of 1978, 

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

PURPOSE: 

The records contained in this system 

are used by DOC OIG to carry out its 

statutory responsibilities under the 

Inspector General Act of 1978, 5 U.S.C. 

App. 3, as amended, to conduct and 

supervise investigations, prevent and 

detect fraud, waste, and abuse, and 

promote economy, efficiency, and 

effectiveness in DOC programs and 

operations. The records are used in the 

course of investigating individuals and 

entities suspected of criminal, civil, or 

administrative misconduct and in 

supporting related judicial and 

administrative proceedings. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

1. A record from this system of 

records may be disclosed, as a routine 

use, to a Federal, state or local agency 

maintaining civil, criminal or other 

relevant enforcement information or 

other pertinent information, such as 

current license, if necessary to obtain 

information relevant to a DOC decision 

concerning the assignment, hiring, or 

retention of an individual, the issuance 

of a security clearance, the letting of a 

contract, or the issuance of a license, 

grant or other benefit. 

2. A record from this system of 

records may be disclosed, as a routine 

use, in the course of presenting 

evidence to a court, magistrate, or 

administrative tribunal, including 

disclosures to opposing counsel in the 

course of settlement negotiations. 

3. A record in this system of records 

may be disclosed, as a routine use, to a 

Member of Congress submitting a 

request involving an individual when 

the individual has requested assistance 

from the Member with respect to the 

subject matter of the record. 

4. A record in this system of records 

may be disclosed, as a routine use, to 

the Office of Management and Budget in 

connection with the review of private 

relief legislation as set forth in OMB 

Circular A–19 at any stage of the 

legislative coordination and clearance 

process as set forth in that Circular. 

5. A record in this system of records 

may be disclosed, as a routine use, to 

the Department of Justice in connection 

with determining whether disclosure 

thereof is required by the Freedom of 

Information Act (5 U.S.C. 552). 

6. A record in this system may be 

transferred, as a routine use, to the 

Office of Personnel Management for 

personnel research purposes; as a data 

source for management information; for 

the production of summary descriptive 

statistics and analytical studies in 

support of the function for which the 

records are collected and maintained; or 

for related manpower studies. 

7. A record from this system of 

records may be disclosed, as a routine 

use, to the Administrator, General 

Services, or his or her designee, during 

an inspection of records conducted by 

GSA as part of that agency’s 

responsibility to recommend 

improvements in records management 

practices and programs under authority 

of 44 U.S.C. 2904 and 2906. Such 

disclosure shall be made in accordance 

with the GSA regulations governing 

inspection of records for this purpose 

and any other relevant (i.e. GSA or 

DOC) directive. Such disclosure shall 

not be used to make determinations 

about individuals. 

8. A record from this system of 

records may be disclosed, as a routine 

use, to the appropriate agency or entity, 

whether Federal, State, local, tribal, 

territorial, foreign, or international, 

charged with the responsibility for 

investigating or prosecuting a violation 

of any law, rule, regulation or order. 

Routine use for law enforcement 

purposes also includes disclosure to 

individuals or to agencies, whether 

Federal, State, local, foreign, or 

international, when necessary to further 

the ends of an investigation. 

9. A record from this system of 

records may be disclosed, as a routine 

use, to representatives of the 

Department of Justice (DOJ) or of any 

other agency that is responsible for 

representing DOC interests in 

connection with judicial, administrative 

or other proceedings. This includes 

circumstances in which (1) The DOC or 

OIG, or any component thereof; (2) any 

employee of the DOC or OIG in his or 

her official capacity; (3) any employee 

of the DOC or OIG in his or her 

individual capacity, where DOJ has 

agreed to represent or is considering a 

request to represent the employee; or (4) 

the United States or any of its 

components, is a party to pending or 

potential litigation or has an interest in 

such litigation; in which the DOC or 

OIG is likely to be affected by the 

litigation, or in which the DOC or OIG 

determines that the use of such records 

by the DOJ is relevant and necessary to 

the litigation; provided, however, that in 

each case, the DOC or OIG determines 

that disclosure of records to the DOJ or 

representative is a use of the 

information that is compatible with the 

purpose for which the records were 

collected. Records may also be disclosed 

to representatives of DOJ and other U.S. 

Government entities, to the extent 

necessary, to obtain their advice on any 

matter relevant to an OIG investigation. 

10. A record from this system of 

records may be disclosed, as a routine 

use, to any source from which 

additional information is requested in 

order to obtain information relevant to: 

a decision by either the DOC or OIG 

concerning the hiring, assignment, or 

retention of an individual or other 

personnel action; the issuance, renewal, 

retention, or revocation of a security 

clearance; the execution of a security or 

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suitability investigation; the letting of a 

contract; or the issuance, retention, or 

revocation of a license, grant, award, 

contract, or other benefit to the extent 

the information is relevant and 

necessary to a decision by the DOC or 

OIG on the matter. 

11. A record from this system of 

records may be disclosed, as a routine 

use, to a Federal, State, local, tribal, 

territorial, foreign, international, or 

other public authority in response to its 

request in connection with: the hiring, 

assignment, or retention of an 

individual; the issuance, renewal, 

retention, or revocation of a security 

clearance; the reporting of an 

investigation of an individual; the 

execution of a security or suitability 

investigation; the letting of a contract; or 

the issuance, retention, or revocation of 

a license, grant, award, contract, or 

other benefit conferred by that entity to 

the extent that the information is 

relevant and necessary to the requesting 

entity’s decision on the matter. 

12. A record in this system of records 

may be disclosed, as a routine use, in 

the event that a record, either by itself 

or in combination with other 

information, indicates a violation or a 

potential violation of law, whether civil, 

criminal, or regulatory in nature, and 

whether arising by general statute or 

particular program statute, or by 

regulation, rule, or order issued 

pursuant thereto; or a violation or 

potential violation of a contract 

provision. In these circumstances, the 

relevant records in the system may be 

referred, as a routine use, to the 

appropriate agency or entity, whether 

Federal, State, local, tribal, territorial, 

foreign, or international charged with 

the responsibility of investigating or 

prosecuting such violation or charged 

with enforcing or implementing the 

statute, rule, regulation, order, or 

contract. 

13. A record in this system of records 

may be disclosed, as a routine use, to 

any source from which additional 

information is requested, either private 

or governmental, to the extent necessary 

to solicit information relevant to any 

investigation, audit, or evaluation. 

14. A record in this system of records 

may be disclosed, as a routine use, to a 

foreign government or international 

organization pursuant to an 

international treaty, convention, 

implementing legislation, or executive 

agreement entered into by the United 

States. 

15. A record in this system of records 

may be disclosed, as a routine use, to 

contractors, grantees, consultants, or 

volunteers performing or working on a 

contract, service, grant, cooperative 

agreement, job, or other activity for the 

DOC or OIG, who have a need to access 

the information in the performance of 

their duties or activities. When 

appropriate, recipients will be required 

to comply with the requirements of the 

Privacy Act of 1974 as provided in 5 

U.S.C. 552a(m). 

16. A record in this system of records 

may be disclosed, as a routine use, to 

representatives of the Office of 

Personnel Management, the Office of 

Special Counsel, the Merit Systems 

Protection Board, the Federal Labor 

Relations Authority, the Equal 

Employment Opportunity Commission, 

the Office of Government Ethics, and 

other Federal agencies in connection 

with their efforts to carry out their 

responsibilities to conduct 

examinations, investigations, and/or 

settlement efforts, in connection with 

administrative grievances, complaints, 

claims, or appeals filed by an employee, 

and such other functions promulgated 

in 5 U.S.C. 1205–06. 

17. A record in this system of records 

may be disclosed, as a routine use, to a 

grand jury agent pursuant to a Federal 

or State grand jury subpoena or to a 

prosecution request that such record be 

released for the purpose of its 

introduction to a grand jury. 

18. A record in this system of records 

may be disclosed, as a routine use, to 

the Departments of the Treasury and 

Justice in circumstances in which OIG 

seeks to obtain, or has in fact obtained, 

an ex parte court order to obtain tax 

return information from the Internal 

Revenue Service. 

19. A record in this system of records 

may be disclosed, as a routine use, to 

any Federal official charged with the 

responsibility to conduct qualitative 

assessment reviews of internal 

safeguards and management procedures 

employed in investigative operations for 

purposes of reporting to the President 

and Congress on the activities of OIG. 

This disclosure category includes other 

Federal Offices of Inspectors General 

and members of the Council of 

Inspectors General on Integrity and 

Efficiency, and officials and 

administrative staff within their 

investigative chain of command, as well 

as authorized officials of DOJ and its 

component, the Federal Bureau of 

Investigation. 

20. A record in this system of records 

may be disclosed, as a routine use, to 

appropriate agencies, entities, and 

persons when (1) It is suspected or 

determined that the security or 

confidentiality of information in the 

system of records has been 

compromised; (2) it is determined that 

as a result of the suspected or confirmed 

compromise there is a risk of harm to 

economic or property interests, identify 

theft or fraud, or harm to the security or 

integrity of this system or other systems 

or programs (whether maintained by 

OIG, DOC, or another agency or entity) 

that rely upon the compromised 

information; and (3) the disclosure 

made to such agencies, entities, and 

persons is reasonably necessary to assist 

in connection with efforts to respond to 

the suspected or confirmed compromise 

and to prevent, minimize, or remedy 

such harm. 

21. A record in this system of records 

may be disclosed, as a routine use, to 

the public or to the media for release to 

the public, following consultation with 

the DOC Chief Privacy Officer, when the 

matter under investigation has become 

public knowledge or the Inspector 

General determines that such disclosure 

is necessary to preserve confidence in 

the integrity of the Inspector General 

audit, inspection, review, or 

investigative process, or is necessary to 

demonstrate the accountability of DOC 

employees, officers or individuals 

covered by the system, unless it is 

determined that release of the specific 

information in the context of a 

particular case would constitute an 

unwarranted invasion of personal 

privacy. 

22. A record in this system of records 

may be disclosed, as a routine use, to 

Congress, congressional committees, or 

the staffs thereof, in order to fulfill the 

Inspector General’s responsibility, as 

mandated by the Inspector General Act 

of 1978, to keep the Congress, in 

connection with its oversight and 

legislative functions concerning the 

administration of programs and 

operations administered or financed by 

DOC, fully and currently informed 

concerning fraud and other serious 

problems, abuses, and deficiencies 

concerning the administration of 

programs and operations administered 

or financed by DOC. 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

None. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Paper records and other media 

(photographs, audio recording, 

diskettes, CDs, etc.) are stored in GSAapproved security containers with 

combination locks in a secured area. 

Electronic records are maintained on 

two servers, a data server which 

maintains the IG–CIRTS database, and a 

file server which maintains case files 

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Federal Register / Vol. 77, No. 12 / Thursday, January 19, 2012 / Notices 2695 

and related materials. Both servers are 

maintained in a secured, restricted-area 

facility. 

RETRIEVABILITY: 

Paper records are retrieved by 

alphabetical indices cross referenced to 

file numbers. Electronic records are 

retrieved via ‘Secure Socket Layer’ (SSL) 

encryption search mechanisms. 

Electronic searches may be performed 

by search criteria that include case 

numbers, names of individuals or 

organizations, and other key word 

search variations. 

SAFEGUARDS: 

Paper records are kept in locked 

cabinets, secured rooms, in a guarded 

building, and used only by authorized 

screened personnel. Electronic records 

are stored on two servers maintained in 

a locked facility that is secured at all 

times by security systems and video 

cameras. Data in the system are 

encrypted and password protected. 

Access to electronic records is restricted 

to DOC OIG staff individually 

authorized to access the IG–CIRTS 

application. Passwords are changed 

every 90 days. Backup tapes are stored 

in a locked and controlled room in a 

secure off-site facility. 

RETENTION AND DISPOSAL: 

Records are retained and disposed of 

in accordance with the DOC OIG 

Records Retention Schedules approved 

by the National Archives and Records 

Administration. 

SYSTEM MANAGER NAME AND ADDRESS: 

Deputy Assistant Inspector General 

for Investigations, Room 7898c, Office of 

Inspector General, United States 

Department of Commerce, 1401 

Constitution Ave., NW., Washington, 

DC 20230. 

NOTIFICATION PROCEDURE: 

The Inspector General has exempted 

this system from the procedures of the 

Privacy Act relating to individuals’ 

requests for notification of the existence 

of records on themselves. 

RECORD ACCESS PROCEDURE: 

The Inspector General has exempted 

this system from the access procedures 

of the Privacy Act. 

CONTESTING RECORDS PROCEDURE: 

The Inspector General has exempted 

this system from the contest procedures 

of the Privacy Act. 

RECORD SOURCE CATEGORIES: 

DOC OIG collects information from a 

wide variety of sources, including 

information from the DOC and other 

Federal, State, and local agencies, 

subjects, witnesses, complainants, 

victims, confidential and nonconfidential sources, individuals, and 

non-governmental entities. 

SYSTEM EXEMPTIONS FROM CERTAIN PROVISIONS

OF THE ACT: 

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

any agency may exempt any system of 

records within the agency from certain 

provisions of the Privacy Act of 1974, if 

the agency or component that maintains 

the system performs as its principal 

function any activities pertaining to the 

enforcement of criminal laws. The 

Inspector General Act of 1978, 5 U.S.C. 

App. 3, as amended, mandates the 

Inspector General to recommend 

policies for, and to conduct, supervise 

and coordinate activities in the 

Department and between the 

Department and other Federal, State and 

local government agencies with respect 

to all matters relating to the prevention 

and detection of fraud in programs and 

operations administered or financed by 

the Department, and to the 

identification and prosecution of 

participants in such fraud. Under the 

Act, whenever the Inspector General has 

reasonable grounds to believe there has 

been a violation of Federal criminal law, 

the Inspector General must report the 

matter expeditiously to the Attorney 

General. In addition to these principal 

functions pertaining to the enforcement 

of criminal laws, the Inspector General 

may receive and investigate complaints 

on information from various sources 

concerning the possible existence of 

activities constituting violations of law, 

rules or regulations, or mismanagement, 

gross waste of funds, abuses of authority 

or substantial and specific danger to the 

public health and safety. The provisions 

of the Privacy Act of 1974 from which 

exemptions are claimed under 5 U.S.C. 

552a(j)(2) are as follows: 5 U.S.C. 

552a(c)(3) and (4); 5 U.S.C. 552a(d); 5 

U.S.C. 552a(e)(1), (2) and (3); 5 U.S.C. 

552a(e)(4)(G), (H), and (I); 5 U.S.C. 

552a(e)(5) and (8); 5 U.S.C. 552a(f); 5 

U.S.C. 552a(g). 

To the extent that the exemption 

under 5 U.S.C. 552a(j)(2) is held to be 

invalid, then the exemptions under 5 

U.S.C. 552a(k)(1), (k)(2), and (k)(5) are 

claimed for all material which meets the 

criteria of these three subsections. 

Provisions of the Privacy Act of 1974 

from which exemptions are claimed 

under 5 U.S.C. 552a(k)(1), (k)(2) and 

(k)(5) are as follows: 5 U.S.C. 552a(c)(3); 

5 U.S.C. 552a(d); 5 U.S.C. 552a(e)(1); 5 

U.S.C. 552a(e)(4)(G), (H), and (I); 5 

U.S.C. 552a(f). 

Reasons for exemptions: In general, 

the exemption of this information and 

material is necessary in order to 

accomplish the law enforcement 

function of the Office of Inspector 

General, to prevent disclosure of 

classified information as required by 

Executive Order, to prevent subjects of 

investigations from frustrating the 

investigatory process, to prevent the 

disclosure of investigative techniques, 

to fulfill commitments made to protect 

the confidentiality of sources, to 

maintain access to sources of 

information, and to avoid endangering 

these sources and law enforcement 

personnel. Detailed reasons follow: 

Reasons for exemptions under 5 

U.S.C. 552a(j)(2) and (k)(2): 

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

upon request, an agency must give an 

individual named in a record an 

accounting which reflects the disclosure 

of the record to other persons or 

agencies. This accounting must state the 

date, nature and purpose of each 

disclosure of the record and the name 

and address of the recipient. The 

application of this provision would alert 

subjects of an investigation to the 

existence of the investigation and that 

such persons are subjects of that 

investigation. Since release of such 

information to subjects of an 

investigation would provide the subjects 

with significant information concerning 

the nature of the investigation, it could 

result in the altering or destruction of 

documentary evidence, improper 

influencing of witnesses, and other 

activities that could impede or 

compromise the investigation. 

(2) 5 U.S.C. 552a(c)(4), (d), (e)(4)(G) 

and (H), (f) and (g) relate to an 

individual’s right to be notified of the 

existence of records pertaining to such 

individual; requirements for identifying 

an individual who requests access to 

records; the agency procedures relating 

to access to records and the contest of 

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 records systems. This 

system is exempt from the foregoing 

provisions for the following reasons: To 

notify an individual at the individual’s 

request of the existence of records in an 

investigative file pertaining to such 

individual, or to grant access to an 

investigative file could interfere with 

investigative and enforcement 

proceedings, deprive co-defendants of a 

right to a fair trial or other impartial 

adjudication, constitute an unwarranted 

invasion of personal privacy of others, 

disclose the identity or confidential 

sources, reveal confidential information 

supplied by these sources and disclose 

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investigative techniques and 

procedures. 

(3) 5 U.S.C. 552a(e)(4)(I) requires the 

publication of the categories of sources 

of records in each system of records. 

The application of this provision could 

disclose investigative techniques and 

procedures and cause sources to refrain 

from giving such information because of 

fear of reprisal, or fear of breach of 

promises of anonymity and 

confidentiality. This would compromise 

the ability to conduct investigations, 

and to identify, detect, and apprehend 

violators. 

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

agency to maintain in its records only 

such information about an individual 

that is relevant and necessary to 

accomplish a purpose of the agency 

required by statute or Executive Order. 

An exemption from the foregoing is 

needed: 

a. Because it is not possible to detect 

relevance or necessity of specific 

information in the early stages of a 

criminal or other investigation. 

b. Relevance and necessity are 

questions of judgment and timing. What 

appears relevant and necessary when 

collected may ultimately be determined 

to be unnecessary. It is only after the 

information is evaluated that the 

relevance and necessity of such 

information can be established. 

c. In any investigation the Inspector 

General may obtain information 

concerning the violations of laws other 

than those within the scope of his or her 

jurisdiction. In the interest of effective 

law enforcement, the Inspector General 

should retain this information as it may 

aid in establishing patterns of criminal 

activity, and provide leads for those law 

enforcement agencies charged with 

enforcing other segments of criminal or 

civil law. 

d. In interviewing persons, or 

obtaining other forms of evidence 

during an investigation, information 

may be supplied to the investigator 

which related to matters incidental to 

the main purpose of the investigation 

but which may relate to matters under 

the investigative jurisdiction of another 

agency. Such information cannot readily 

be segregated. 

(5) 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 privilege under 

Federal programs. The application of 

the provision would impair 

investigations of illegal acts, violations 

of the rules of conduct, merit system 

and any other misconduct for the 

following reasons: 

a. In certain instances the subject of 

an investigation cannot be required to 

supply information to investigators. In 

those instances, information relating to 

a subject’s illegal acts, violations of 

rules of conduct, or any other 

misconduct, etc., must be obtained from 

other sources. 

b. Most information collected about 

an individual under investigation is 

obtained from third parties such as 

witnesses and informers. It is not 

feasible to rely upon the subject of the 

investigation as a source for information 

regarding his or her activities. 

c. The subject of an investigation will 

be alerted to the existence of an 

investigation if any attempt is made to 

obtain information from subject. This 

could afford the individual the 

opportunity to conceal any criminal 

activities to avoid apprehension. 

d. In any investigation, it is necessary 

to obtain evidence from a variety of 

sources other than the subject of the 

investigation in order to verify the 

evidence necessary for successful 

litigation. 

(6) 5 U.S.C. 552a(e)(3) requires that an 

agency must inform the subject of an 

investigation who is asked to supply 

information of: 

a. The authority under which the 

information is sought and whether 

disclosure of the information is 

mandatory or voluntary, 

b. The purposes for which the 

information is intended to be used, 

c. The routine uses which may be 

made of the information, and 

d. The effects on the subject, if any, 

of not providing the requested 

information. The reasons for exempting 

this system of records from the 

foregoing provision are as follows: 

(i) The disclosure to the subject of the 

investigation as stated in (b) above 

would provide the subject with 

substantial information relating to the 

nature of the investigation and could 

impede or compromise the 

investigation. 

(ii) If the subject were informed of the 

information required by this provision, 

it could seriously interfere with 

undercover activities requiring 

disclosure of undercover agents’ 

identity and impairing their safety, as 

well as impairing the successful 

conclusion of the investigation. 

(iii) Individuals may be contacted 

during preliminary informationgathering in investigations before any 

individual is identified as the subject of 

an investigation. Informing the 

individual of the matters required by 

this provision would hinder or 

adversely affect any present or 

subsequent investigations. 

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

records be maintained with such 

accuracy, relevance, timeliness, and 

completeness as is reasonably necessary 

to assure fairness to the individual in 

making any determination about an 

individual. Because the law defines 

‘‘maintain’’ to include the collection of 

information, complying with this 

provision would prevent the collection 

of any data not shown to be accurate, 

relevant, timely, and complete at the 

moment of its collection. In gathering 

information during the course of an 

investigation it is not possible to 

determine this prior to collection of the 

information. Facts are first gathered and 

then placed into a logical order which 

objectively proves or disproves criminal 

behavior on the part of the suspect. 

Material which may seem unrelated, 

irrelevant, incomplete, untimely, etc., 

may take on added meaning as an 

investigation progresses. The 

restrictions in this provision could 

interfere with the preparation of a 

complete investigative report. 

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

agency to make reasonable efforts to 

serve notice on an individual when any 

record of such individual is made 

available to any persons; under 

compulsory legal process when such 

process becomes a matter of public 

record. The notice requirements of this 

provision could prematurely reveal an 

ongoing criminal investigation to the 

subject of the investigation. 

Reasons for exemptions under 5 

U.S.C. 552a(k)(1): 

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

agency make accountings of disclosures 

of records available to individuals 

named in the record at their request. 

These accountings must state the date, 

nature and purpose of each disclosure of 

the record and the name and address of 

the recipient. The application of this 

provision would alert subjects of an 

investigation to the existence of the 

investigation, and that such persons are 

subjects of that investigation, 

information which if known might 

cause damage to national security. 

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

and (f) relate to an individual’s right to 

be notified of the existence of records 

pertaining to such individual; 

requirements for identifying an 

individual who requests access to 

records; and the agency procedures 

relating to access to records, and the 

contest of information contained in such 

records. This system is exempt from the 

foregoing provisions for the following 

reasons: To notify an individual at the 

individual’s request of the existence of 

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Federal Register / Vol. 77, No. 12 / Thursday, January 19, 2012 / Notices 2697 

records in an investigative file 

pertaining to such individual or to grant 

access to an investigative file could 

interfere with investigations undertaken 

in connection with national security; or 

could disclose the identity of sources 

kept secret to protect national security 

or reveal confidential information 

supplied by these sources. 

(3) 5 U.S.C. 552a(e)(4)(I) requires the 

publication of the categories of sources 

of records in each system of records. 

The application of this provision could 

disclose the identity of sources kept 

secret to protect national security. 

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

agency to maintain in its records only 

such information about an individual 

that is relevant and necessary to 

accomplish a purpose of the agency 

required by statute or Executive Order. 

An exemption from the foregoing is 

needed: 

a. Because it is not possible to detect 

relevance or necessity of specific 

information in the early stages of an 

investigation involving national security 

matters. 

b. Relevance and necessity are 

questions of judgment and timing. What 

appears relevant and necessary when 

collected may ultimately be determined 

to be unnecessary. It is only after the 

information is evaluated that the 

relevance and necessity of such 

information can be established. 

c. In any investigation the Inspector 

General may obtain information 

concerning the violators of laws other 

than those within the scope of his or her 

jurisdiction. In the interests of effective 

law enforcement, the Inspector General 

should retain this information as it may 

aid in establishing patterns of criminal 

activity, and provide leads for those law 

enforcement agencies charged with 

enforcing other segments of criminal or 

civil law. 

d. In interviewing persons, or 

obtaining forms of evidence during an 

investigation, information may be 

supplied to the investigator which relate 

to matters incidental to the main 

purpose of the investigation but which 

may relate to matters under the 

investigative jurisdiction of another 

agency. Such information cannot readily 

be segregated. 

Reasons for exemptions under 5 

U.S.C. 552a(k)(5): 

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

agency make accountings of disclosures 

of records available to individuals 

named in the records at their request. 

These accountings must state the date, 

nature and purpose of each disclosure of 

the record and the name and address of 

the recipient. The application of this 

provision would alert subjects of an 

investigation to the existence of the 

investigation and that such persons are 

subjects of that investigation. Since 

release of such information to subjects 

of an investigation would provide the 

subject with significant information 

concerning the nature of the 

investigation, it could result in the 

altering or destruction of documentary 

evidence, improper influencing of 

witnesses, and other activities that 

could impede or compromise the 

investigation. 

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

and (f) relate to an individual’s right to 

be notified of the existence of records 

pertaining to such individual; 

requirements for identifying an 

individual who requests access to 

records; and the agency procedures 

relating to access to records and the 

contest of information contained in such 

records. This system is exempt from the 

foregoing provisions for the following 

reasons: To notify an individual at the 

individual’s request of the existence of 

records in an investigative file 

pertaining to such individual or to grant 

access to an investigative file could 

interfere with investigative and 

enforcement proceedings; co-defendants 

of a right to a fair trial; constitute an 

unwarranted invasion of personal 

privacy of others; disclose the identity 

of confidential sources and reveal 

confidential information supplied by 

these sources; and disclose investigative 

techniques and procedures. 

(3) 5 U.S.C. 552a(e)(4)(I) requires the 

publication of the categories of sources 

of records in each system of records. 

The application of this provision could 

disclose investigative techniques and 

procedures and cause sources to refrain 

from giving such information because of 

fear of reprisal, or fear of breach of 

promises of anonymity and 

confidentiality. This would compromise 

the ability to conduct investigations, 

and to make fair and objective decisions 

on questions of suitability for Federal 

employment and related issues. 

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

agency to maintain in its records only 

such information about an individual 

that is relevant and necessary to 

accomplish a purpose of the agency 

required by statute or Executive Order. 

An exemption from the foregoing is 

needed: 

a. Because it is not possible to detect 

relevance or necessity of specific 

information in the early stages of an 

investigation. 

b. Relevance and necessity are 

questions of judgment and timing. What 

appears relevant and necessary when 

collected may ultimately be determined 

to be unnecessary. It is only after that 

information is evaluated that the 

relevance and necessity of such 

information can be established. 

c. In any investigation the Inspector 

General may obtain information 

concerning the violations of laws other 

than those within the scope of his or her 

jurisdiction. In the interest of effective 

law enforcement, the Inspector General 

should retain this information as it may 

aid in establishing patterns of criminal 

activity, and provide leads for those law 

enforcement agencies charged with 

enforcing other segments of criminal or 

civil law. 

d. In interviewing persons, or 

obtaining other forms of evidence 

during an investigation, information 

may be supplied to the investigator 

which relate to matters incidental to the 

main purpose of the investigation but 

which may relate to matters under 

investigative jurisdiction of another 

agency. Such information cannot readily 

be segregated. 

Dated: December 16, 2011. 

Jonathan R. Cantor, 

Chief Privacy Officer, Department of 

Commerce. 

[FR Doc. 2012–898 Filed 1–18–12; 8:45 am] 

BILLING CODE 3510–55–P 

DEPARTMENT OF COMMERCE 

U.S. Census Bureau 

Proposed Information Collection; 

Comment Request; Annual Services 

Report 

AGENCY: U.S. Census Bureau, 

Commerce. 

ACTION: Notice. 

SUMMARY: The Department of 

Commerce, as part of its continuing 

effort to reduce paperwork and 

respondent burden, invites the general 

public and other Federal agencies to 

take this opportunity to comment on 

proposed and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 (44 U.S.C. 

3506(c)(2)(A)). 

DATES: To ensure consideration, written 

comments must be submitted on or 

before March 19, 2012. 

ADDRESSES: Direct all written comments 

to Jennifer Jessup, Departmental 

Paperwork Clearance Officer, 

Department of Commerce, Room 6616, 

14th and Constitution Avenue NW., 

Washington, DC 20230 (or via the 

Internet at jjessup@doc.gov). 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

mstockstill on DSK4VPTVN1PROD with NOTICES