This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

41885 

Vol. 77, No. 137 

Tuesday, July 17, 2012 

DEPARTMENT OF AGRICULTURE 

Commodity Credit Corporation 

7 CFR Part 1485 

Market Access Program 

AGENCY: Foreign Agricultural Service 

and Commodity Credit Corporation, 

USDA. 

ACTION: Correcting amendments. 

SUMMARY: The U.S. Department of 

Agriculture published a final rule in the 

Federal Register on May 17, 2012 (77 

FR 29474). This document corrects the 

final regulations by revising these 

sections. 

DATES: Effective date: July 17, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Mark Slupek, 202–720–1169, U.S. 

Department of Agriculture, Foreign 

Agricultural Service, Office of Trade 

Programs, Program Operations Division; 

or by phone: (202) 720–4327; or by fax: 

(202) 720–9361; or by email: 

podadmin@fas.usda.gov. 

SUPPLEMENTARY INFORMATION: As 

published, the final regulation 

contained an error which may prove to 

be misleading and need to be clarified. 

List of Subjects in 7 CFR Part 1485 

Agricultural commodities, Exports. 

Accordingly, 7 CFR Part 1485 is 

corrected by making the following 

correcting amendment: 

PART 1485—GRANT AGREEMENTS 

FOR THE DEVELOPMENT OF 

FOREIGN MARKETS FOR U.S. 

AGRICULTURAL COMMODITIES 

■ 1. The authority citation for 7 CFR 

part 1485 continues to read as follows: 

Authority: 7 U.S.C. 5623, 5662–5663 and 

sec. 203, 402–403, Pub. L. 95–501, as 

amended, 92 Stat 1685 and sec. 1302, Pub. 

L. 103–66, 107 Stat. 330. 

■ 2. Revise the part heading for part 

1485 to read as set forth above. 

■ 3. Revise paragraph (b) of § 1485.19 to 

read as follows: 

§ 1485.19 Advances. 

* * * * * 

(b) Exception. A MAP Participant for 

generic promotion activities may 

request an advance of MAP funds from 

CCC, provided the MAP Participant 

meets the criteria for advance payments 

set forth in the applicable parts of this 

title (e.g., 7 CFR Parts 3015, 3016, and 

3019). CCC will not approve any request 

for an advance submitted later than 3 

months after the end of a MAP 

Participant’s program year. At any given 

time, total payments advanced shall not 

exceed 40 percent of a MAP 

Participant’s approved generic activity 

budget for the program year. CCC will 

not advance funds to a MAP Participant 

for brand promotion activities. When 

approving a request for an advance, CCC 

may require the MAP Participant to 

carry adequate fidelity bond coverage 

when the absence of such coverage is 

considered to create an unacceptable 

risk to the interests of the MAP. 

Whether an ‘‘unacceptable risk’’ exists 

in a particular situation will depend on 

a number of factors, such as, for 

example, the Participant’s history of 

performance in MAP; the Participant’s 

perceived financial stability and 

resources; and any other factors 

presented in the particular situation that 

may reflect on the Participant’s 

responsibility or the riskiness of its 

activities. 

* * * * * 

Dated: June 7, 2012. 

Suzanne E. Heinen, 

Administrator, Foreign Agricultural Service, 

and Vice President, Commodity Credit 

Corporation. 

[FR Doc. 2012–15195 Filed 7–16–12; 8:45 am] 

BILLING CODE 3410–10–P 

EXPORT-IMPORT BANK OF THE 

UNITED STATES 

12 CFR Part 404 

[EXIM–OIG–2012–0010] 

RIN 3048–AA02 

Privacy Act of 1974: Implementation of 

Exemptions; Export-Import Bank of the 

United States Office of Inspector 

General—EIB–35—Office of Inspector 

General Investigative Records 

AGENCY: Office of the Inspector General, 

Export-Import Bank of the United 

States. 

ACTION: Final rule. 

SUMMARY: The Export-Import Bank of 

the United States (hereafter known as 

‘‘Ex-Im Bank’’) is issuing a final rule to 

exempt portions of a system of records 

entitled ‘‘EIB–35—Office of Inspector 

General Investigative Records’’ from one 

or more provisions of the Privacy Act 

because of criminal, civil, and 

administrative enforcement 

requirements. 

DATES: The final rule is effective August 

16, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Osvaldo Gratacos, Ex-Im Bank, Office of 

Inspector General, 811 Vermont Avenue 

NW., Rm. 976, Washington, DC 20571 or 

by telephone (202) 565–3908 or 

facsimile (202) 565–3988. 

SUPPLEMENTARY INFORMATION: 

Background 

The Ex-Im Bank published a notice of 

proposed rulemaking in the Federal 

Register, 77 FR 27140 (May 9, 2012), 

proposing to exempt portions of a 

system of records entitled ‘‘EIB–35— 

Office of Inspector General Investigative 

Records’’ and held by the Ex-Im Bank 

Office of Inspector General (OIG), from 

one or more provisions of the Privacy 

Act of 1974, 5 U.S.C. 552a. The 

exemptions are necessary in order for 

Ex-Im Bank OIG to carry out its 

investigative responsibilities pursuant 

to the Inspector General Act of 1978, as 

amended. The Ex-Im Bank OIG 

published the system of records notice 

in the Federal Register, 77 FR 26755 

(May 7, 2012), and comments were 

invited on both the Notice of Proposed 

Rulemaking (NPRM) and the System of 

Records Notice (SORN). 


sroberts on DSK5SPTVN1PROD with RULES
41886 Federal Register / Vol. 77, No. 137 / Tuesday, July 17, 2012 / Rules and Regulations 

Public Comments 

Ex-Im Bank did not receive any 

comments on the SORN or the NPRM. 

Ex-Im Bank will implement the 

rulemaking as proposed. 

List of Subjects in 12 CFR Part 404 

Information disclosure. 

For the reasons stated in the 

preamble, Ex-Im Bank amends chapter 

IV of Title 12, Code of Federal 

Regulations, as follows: 

PART 404—INFORMATION 

DISCLOSURE 

■ 1. The authority citation for part 404 

continues to read as follows: 

Authority: 5 U.S.C. 552 and 552a. Section 

404.7 also issued under E.O. 12600, 52 FR 

23781, 3 CFR, 1987 Comp., p. 235. Section 

404.21 also issued under 5 U.S.C. 552a note. 

Subpart C also issued under 5 U.S.C. 301, 12 

U.S.C. 635. 

■ 2. Add § 404.24 to Subpart B to read 

as follows: 

§ 404.24 Exemptions: EIB–35—Office of 

Inspector General Investigative Records. 

(a) Criminal Law Enforcement—(1) 

Exemption. Under the authority granted 

by 5 U.S.C. 552a(j)(2), Ex-Im Bank 

hereby exempts the system of records 

entitled ‘‘EIB–35—Office of Inspector 

General Investigative Records’’ from the 

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

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

(e)(4)(G) and (H), (e)(5), (e)(8), (f), and (g) 

because the system contains information 

pertaining to the enforcement of 

criminal laws. ‘‘EIB–35—Office of 

Inspector General Investigative 

Records’’ is maintained by the Ex-Im 

Bank Office of Inspector General (‘‘OIG’’ 

or ‘‘Ex-Im Bank OIG.’’) 

(2) Reasons for exemption. The 

reasons for asserting this exemption are: 

(i) Disclosure to the individual named 

in the record pursuant to 5 U.S.C. 

552a(c)(3), (c)(4), or (d)(1) through (4) 

could seriously impede or compromise 

the investigation by alerting the 

target(s), subjecting a potential witness 

or witnesses to intimidation or improper 

influence, and leading to destruction of 

evidence. Disclosure could enable 

suspects to take action to prevent 

detection of criminal activities, conceal 

evidence, or escape prosecution. 

(ii) Application of 5 U.S.C. 552a(e)(1) 

is impractical because the relevance of 

specific information might be 

established only after considerable 

analysis and as the investigation 

progresses. Effective law enforcement 

requires the OIG to keep information 

that may not be relevant to a specific 

OIG investigation, but which may 

provide leads for appropriate law 

enforcement and to establish patterns of 

activity that might relate to the 

jurisdiction of the OIG and/or other 

agencies. 

(iii) Application of 5 U.S.C. 552a(e)(2) 

would be counterproductive to the 

performance of a criminal investigation 

because it would alert the individual to 

the existence of an investigation. 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 or prosecution. 

(iv) Application of 5 U.S.C. 552a(e)(3) 

could discourage the free flow of 

information in a criminal law 

enforcement inquiry. 

(v) The requirements of 5 U.S.C. 

552a(e)(4)(G) and (H) and (f) would be 

counterproductive to the performance of 

a criminal investigation. 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 

investigative techniques and 

procedures. Nevertheless, Ex-Im Bank 

OIG has published notice of its 

notification, access, and contest 

procedures because access may be 

appropriate in some cases. 

(vi) Although the OIG endeavors to 

maintain accurate records, application 

of 5 U.S.C. 552a(e)(5) is impractical 

because maintaining only those records 

that are accurate, relevant, timely, and 

complete and that assure fairness in 

determination is contrary to established 

investigative techniques. Information 

that may initially appear inaccurate, 

irrelevant, untimely, or incomplete may, 

when collated and analyzed with other 

available information, become more 

pertinent as an investigation progresses. 

(vii) Application of 5 U.S.C. 552a(e)(8) 

could prematurely reveal an ongoing 

criminal investigation to the subject of 

the investigation. 

(viii) The provisions of subsection (g) 

do not apply to this system if an 

exemption otherwise applies. 

(b) Other Law Enforcement—(1) 

Exemption. Under the authority granted 

by 5 U.S.C. 552a(k)(2), Ex-Im Bank 

hereby exempts the system of records 

entitled ‘‘EIB–35—Office of Inspector 

General Investigative Records’’ from the 

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

through (4), (e)(1), (e)(4)(G) and (H), and 

(f) for the same reasons as stated in 

paragraph (a)(2) of this section, that is, 

because the system contains 

investigatory material compiled for law 

enforcement purposes other than 

material within the scope of subsection 

552a(j)(2). 

(2) Reasons for exemption. The 

reasons for asserting this exemption are 

because the disclosure and other 

requirements of the Privacy Act could 

substantially compromise the efficacy 

and integrity of OIG operations. 

Disclosure could invade the privacy of 

other individuals and disclose their 

identity when they were expressly 

promised confidentiality. Disclosure 

could interfere with the integrity of 

information which would otherwise be 

subject to privileges (see, e.g., 5 U.S.C. 

552(b)(5)), and which could interfere 

with other important law enforcement 

concerns (see, e.g., 5 U.S.C. 552(b)(7)). 

(c) Federal Civilian or Contract 

Employment—(1) Exemption. Under the 

authority granted by 5 U.S.C. 552a(k)(5), 

Ex-Im Bank hereby exempts the system 

of records entitled ‘‘EIB–35—Office of 

Inspector General Investigative 

Records’’ from the provisions of 5 U.S.C. 

552a(c)(3), (d)(1) through (4), (e)(1), 

(e)(4)(G) and (H), and (f) because the 

system contains investigatory material 

compiled for the purpose of determining 

eligibility or qualifications for federal 

civilian or contract employment. 

(2) Reasons for exemption. The 

reasons for asserting this exemption are 

the same as described in paragraph 

(a)(2) of this section. 

Sharon A. Whitt, 

Agency Clearance Officer. 

[FR Doc. 2012–17382 Filed 7–16–12; 8:45 am] 

BILLING CODE 6690–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0266; Directorate 

Identifier 2011–NM–061–AD; Amendment 

39–17119; AD 2012–14–05] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all 

Airbus Model A318, A319, and A320 

series airplanes. This AD was prompted 


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