Federal Register / Vol. 87, No. 117 / Friday, June 17, 2022 / Notices 36455 

Dated: June 15, 2022. 

Angelia Rorison, 

USCCR Media and Communications Director. 

[FR Doc. 2022–13201 Filed 6–15–22; 11:15 am] 

BILLING CODE 6335–01–P 

DEPARTMENT OF COMMERCE 

[Docket No. 2203290081] 

Privacy Act of 1974; System of 

Records 

AGENCY: Office of the Inspector General, 

Department of Commerce. 

ACTION: Notice of a new system of 

records. 

SUMMARY: This notice announces the 

Department of Commerce’s (the 

Department) proposal to establish a new 

system of records entitled 

‘‘COMMERCE/OIG–2, OIG Data 

Analytics Records,’’ under the Privacy 

Act of 1974, as amended, and the Office 

of Management and Budget (OMB) 

Circular A–108, ‘‘Federal Agency 

Responsibilities for Review, Reporting, 

and Publication under the Privacy Act.’’ 

This system of records will store 

individually identifying information 

gathered or created from existing 

systems of records maintained by the 

Department, other Department records, 

and private sources regarding or 

supporting Department operations. The 

new system will be used, primarily 

through data analytics techniques, to 

identify suspicious or fraudulent 

activity, internal control weaknesses, or 

otherwise to assist the Office of 

Inspector General (OIG) in the 

performance of its statutory duties 

under the Inspector General Act of 1978, 

as amended. We invite public comment 

on the new system announced in this 

publication. 

DATES: This new system of records will 

become effective upon publication, 

subject to a 30-day comment period in 

which to comment on routine uses. To 

be considered, written comments must 

be submitted on or before July 18, 2022. 

ADDRESSES: Please address comments to 

the Office of Inspector General Office of 

Counsel, Room 7896, U.S. Department 

of Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; by email to 

OIGCounsel@oig.doc.gov; or by 

facsimile to (202) 501–7335. 

FOR FURTHER INFORMATION CONTACT: E. 

Wade Green, Jr., OIG Office of Counsel, 

email: OIGCounsel@oig.doc.gov; or 

Phone: (202) 792–3317. 

SUPPLEMENTARY INFORMATION: The 

Department is creating a new system of 

records for OIG Data Analytics, entitled 

‘‘COMMERCE/OIG–2, OIG Data 

Analytics Records,’’ as part of its 

commitment to ensuring that collection, 

use, retention, or dissemination of 

information about individuals through 

the use of any technology, including 

digitized archival records, complies 

with the law. 

The Privacy Act requires each agency 

that proposes to establish a new system 

of records to provide adequate advance 

notice of any such proposal to the OMB, 

the Committee on Oversight and Reform 

of the House of Representatives, and the 

Committee on Homeland Security and 

Governmental Affairs of the Senate (5 

U.S.C 552a(r)). The purpose of 

providing the advance notice to OMB 

and Congress is to permit an evaluation 

of the potential effect of the proposal on 

the privacy and other rights of 

individuals. The Department filed a 

report describing the new system of 

records covered by this notice with the 

Chair of the Senate Committee on 

Homeland Security and Governmental 

Affairs, the Chair of the House 

Committee on Oversight and Reform, 

and the Deputy Administrator of the 

Office of Information and Regulatory 

Affairs, OMB, on March 30, 2022. 

SYSTEM NAME AND NUMBER: 

COMMERCE/OIG–2, OIG Data 

Analytics Records. 

SECURITY CLASSIFICATION: 

Controlled Unclassified Information 

(CUI). 

SYSTEM LOCATION: 

U.S. Department of Commerce, Office 

of Inspector General, 1401 Constitution 

Avenue NW, Washington, DC 20230. 

SYSTEM MANAGER(S): 

Chief of Staff to the Inspector General, 

Room 7709, Office of Inspector General, 

United States Department of Commerce, 

1401 Constitution Ave. NW, 

Washington, DC 20230. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

The Inspector General Act of 1978, as 

amended, 5 U.S.C. App. (Inspector 

General Act). 

PURPOSE(S) OF THE SYSTEM: 

The records contained in this system 

are used or are available for use by the 

Office of Inspector General (OIG) to 

carry out its statutory responsibilities 

under the Inspector General Act to 

conduct and supervise audits, 

evaluations, inspections, and 

investigations, to prevent and detect 

fraud, waste, mismanagement, and 

abuse, and to promote economy, 

efficiency, and effectiveness in the 

Department of Commerce (the 

Department) programs and operations. 

The records may be used in the course 

of performing audits, evaluations, and 

inspections; investigating individuals 

and entities suspected of criminal, civil, 

or administrative misconduct and in 

supporting related judicial and 

administrative proceedings; or in 

conducting preliminary inquiries 

undertaken to determine whether to 

commence an audit, evaluation, 

inspection, or investigation. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

OIG maintains records in its records 

system on the following categories of 

individuals: current, former, and 

prospective Department employees; 

contractors; subcontractors; recipients of 

Federal funds and their contractors/ 

subcontractors and employees; grantees; 

sub-grantees; individuals who work on 

Department grants (e.g., principal 

investigators); lessees; licensees; 

persons engaged in official business 

with the Department; or other persons 

identified by OIG or by other agencies, 

constituent units of the Department, and 

members of the general public in 

connection with the authorized 

functions of the OIG. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

The system contains materials 

received, gathered, or created regarding 

or supporting Department operations. 

Categories of records may include: 

Commerce Business Systems 

information, including general ledger 

data, trial data, customer data, and 

vendor data; Department payroll, fleet 

card, purchase card, and travel card 

data; System for Award Management 

data; general case management 

documentation; correspondence; 

personally identifiable and business 

identifiable information, including 

financial, employment, time and 

attendance, human resources, and 

biometric data and Social Security 

Numbers; information protected by Title 

13 of the U.S. Code; trade secrets data 

and similar proprietary data; import/ 

export data, including Automated 

Export System data; law enforcement 

data; data containing information 

related to Department grants and 

contracts, and other data and evidence 

received, collected, or generated by 

OIG’s Data Analytics group while 

conducting its official duties. Social 

Security Numbers are maintained in the 

system pursuant to authority under the 

Inspector General Act and are collected 

or received and maintained in the 

system as necessary by OIG to carry out 

its statutory responsibilities under the 

Inspector General Act. 


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RECORD SOURCE CATEGORIES: 

As described below in ‘‘Exemptions 

Promulgated for the System,’’ the OIG 

claims an exemption from disclosure of 

record source categories under 5 U.S.C. 

552a(e)(4)(I). Notwithstanding the 

foregoing, OIG may collect information 

from a wide variety of sources, 

including information from the 

Department and other Federal, State, 

and local agencies, and nongovernmental entities. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

PURPOSES OF SUCH USES: 

In addition to those disclosures 

generally permitted under 5 U.S.C. 

552a(b), all or a portion of the records 

or information contained in this system 

may be disclosed to authorized 

individuals and/or entities, as is 

determined to be compatible with the 

purposes for which the record was 

collected, as a routine use pursuant to 

5 U.S.C. 552a(b)(3) as follows: 

1. In the event that a record, either by 

itself or in combination with other 

information, indicates a violation or 

potential violation of law or contract, 

whether civil, criminal or regulatory in 

nature, and whether arising by general 

statute or particular program statute or 

contract, or rule, regulation, or order 

issued pursuant thereto, or the necessity 

to protect an interest of the Department 

or OIG, the relevant records in the 

system of records 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 or contract, or rule, regulation or 

order issued pursuant thereto, or 

protecting the interest of the Department 

or OIG. 

2. To any source from which 

additional information is requested in 

order to obtain information relevant to: 

A decision by either the Department 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 

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 

Department or OIG on the matter. 

3. 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. 

4. In the course of presenting 

evidence to a court, magistrate, or 

administrative tribunal, including 

disclosures to duly-authorized 

investigators or opposing parties in the 

course of discovery or settlement 

negotiations. 

5. 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 relating to the individual. 

6. To the Office of Management and 

Budget (OMB) in connection with the 

review of private relief legislation as set 

forth in OMB Circular No. A–19 at any 

stage of the legislative coordination and 

clearance process as set forth in that 

Circular. 

7. To the Department of Justice (DOJ) 

or any other Federal agency that has an 

interest in the record in connection with 

determining whether disclosure thereof 

is required by the Freedom of 

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

8. To contractors, grantees, 

consultants, or volunteers performing or 

working on a contract, service, grant, 

cooperative agreement, job, or other 

activity for the Department 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 as 

provided in 5 U.S.C. 552a(m). 

9. To the Office of Personnel 

Management (OPM) 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. 

10. To the General Services 

Administration (GSA) or the National 

Archives and Records Administration 

(NARA) during an inspection of records 

conducted by GSA or NARA under the 

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

Such disclosure shall be made in 

accordance with the GSA or NARA 

regulations governing inspection of 

records for this purpose and any other 

relevant (i.e., GSA, NARA, or 

Department) directive. Such disclosure 

shall not be used to make 

determinations about individuals. 

11. To appropriate agencies, entities, 

and persons when (1) the Department or 

the OIG suspects or has confirmed that 

there has been a breach of the system of 

records; (2) the Department or the OIG 

has determined that as a result of the 

suspected or confirmed breach there is 

a risk of harm to individuals, the 

Department (including its information 

systems, programs, and operations), the 

Federal Government, or national 

security; and (3) the disclosure made to 

such agencies, entities, and persons is 

reasonably necessary to assist in 

connection with the Department’s or 

OIG’s efforts to respond to the suspected 

or confirmed breach or to prevent, 

minimize, or remedy such harm. 

12. To another Federal agency or 

Federal entity, when the OIG 

determines that information from this 

system of records is reasonably 

necessary to assist the recipient agency 

or entity in (1) responding to a 

suspected or confirmed breach or (2) 

preventing, minimizing, or remedying 

the risk of harm to individuals, the 

recipient agency or entity (including its 

information systems, programs, and 

operations), the Federal Government, or 

national security, resulting from a 

suspected or confirmed breach. 

13. To the Department of Justice (DOJ) 

and any other Federal agency, to the 

extent necessary to obtain their advice 

relevant to an OIG matter, including 

matters concerning the FOIA and the 

Privacy Act (5 U.S.C. 552a). 

14. To the Office of Government 

Information Services (OGIS), NARA to 

the extent necessary to fulfill its 

responsibilities in 5 U.S.C. 552(h) to 

review administrative policies, 

procedures, and compliance with the 

FOIA, and to facilitate OGIS’ offering of 

mediation services to resolve disputes 

between persons making FOIA requests 

and administrative agencies. 

15. 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, tribal, 

territorial, foreign, or international, 

when necessary to further the ends of an 

investigation. 

16. To the DOJ or any other Federal 

agency that is responsible for 

representing Department interests in 

connection with judicial, 


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administrative, or other proceedings. 

This includes circumstances in which: 

(1) the Department or OIG, or any 

component thereof; 

(2) any employee of the Department or 

OIG in his or her official capacity; 

(3) any employee of the Department or 

OIG in his or her individual capacity, 

where DOJ or other agency that is 

responsible for representing Department 

interests 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 

judicial, administrative, or other 

proceeding or has an interest in such 

proceeding; the Department or OIG is 

likely to be affected by the proceeding; 

or the Department or OIG determines 

that the use of such records by the DOJ 

or any other Federal agency that is 

responsible for representing Department 

interests is relevant and necessary to the 

proceeding. 

17. 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, 

evaluation, or inspection. 

18. To a foreign government or 

international organization pursuant to 

an international treaty, convention, 

implementing legislation, or executive 

agreement entered into by the United 

States. 

19. To representatives of OPM, 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, 

or as may be authorized by law. 

20. 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. 

21. 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. 

22. To any Federal official charged 

with the responsibility to conduct 

qualitative assessment reviews of 

internal safeguards and management 

procedures 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 the Inspectors General on 

Integrity and Efficiency, and officials 

and administrative staff within their 

chain of command, as well as 

authorized officials of DOJ and its 

component, the Federal Bureau of 

Investigation. 

23. To the public or to the media for 

release to the public when (1) the matter 

under review has become public 

knowledge or the Inspector General 

determines that such disclosure is 

necessary to preserve confidence in the 

integrity of the OIG audit, evaluation, 

inspection, review, or investigative 

process, or is necessary to demonstrate 

the accountability of Department 

employees, officers, or individuals 

covered by the system; and (2) the 

Inspector General, after receipt of a 

written recommendation from Counsel 

to the Inspector General, makes a 

written determination that the release of 

the specific information in the context 

of a particular case would not constitute 

an unwarranted invasion of personal 

privacy. 

24. To Congress, congressional 

committees, or the staffs thereof, in 

order to fulfill the Inspector General’s 

responsibility, as mandated by the 

Inspector General Act, to keep the 

Congress fully and currently informed 

concerning fraud and other serious 

problems, abuses, and deficiencies 

concerning the administration of 

programs and operations administered 

or financed by the Department. 

25. To a Federal, State, local, or 

foreign agency, or other public 

authority, for use in computer matching 

programs or similar activities, as 

authorized by the Inspector General Act, 

to prevent and detect fraud, waste, and 

abuse and to support civil and criminal 

law enforcement activities of any agency 

or its components. 

POLICIES AND PRACTICES FOR STORAGE OF

RECORDS: 

Any electronic media (photographs, 

audio recording, diskettes, CDs, etc.) are 

kept in limited-access areas during duty 

hours and in locked offices during 

nonduty hours. Electronic records are 

maintained on servers, which house 

OIG’s electronic systems. Servers are 

maintained in a secured, restricted-area 

facility. 

POLICIES AND PRACTICES FOR RETRIEVAL OF

RECORDS: 

Electronic searches may be performed 

by search criteria that include names of 

individuals, names of businesses, 

identifying particulars, organizations, 

and other key word search variations. 

POLICIES AND PRACTICES FOR RETENTION AND

DISPOSAL OF RECORDS: 

Records are retained and disposed of 

in accordance with OIG Records 

Retention Schedules approved by 

NARA. 

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL

SAFEGUARDS: 

Any electronic media are kept in 

limited-access areas during duty hours 

and in locked offices during nonduty 

hours and are used only by authorized 

screened personnel. Electronic records 

are stored on 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 OIG staff and contractors individually 

authorized to access the electronic 

system. Passwords are changed 

periodically, in accordance with OIG 

policy. Backup tapes are stored in a 

locked and controlled room in a secure 

off-site facility. 

RECORD ACCESS PROCEDURES: 

The Inspector General has exempted 

this system from the access procedures 

of the Privacy Act. 

CONTESTING RECORD PROCEDURES: 

The Inspector General has exempted 

this system from contesting record 

procedures of the Privacy Act. 

NOTIFICATION PROCEDURES: 

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. 

EXEMPTIONS PROMULGATED FOR THE SYSTEM: 

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, 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 mandates that the 

Inspector General recommend policies 

for, and 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 Inspector General Act, 


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whenever the Inspector General has 

reasonable grounds to believe that 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 

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); and 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 or inapplicable, then the 

exemptions under 5 U.S.C. 552a(k)(2) 

and (k)(5) are claimed for all material 

which meets the criteria of these two 

subsections. 

The provisions of the Privacy Act 

from which exemptions are claimed 

under 5 U.S.C. 552a(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); and 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 OIG, 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. Additional details are as 

follows: 

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. More 

broadly, the application of this 

provision could reveal the OIG’s 

investigative interests, which could 

compromise those investigative 

interests. Application of this provision 

could also disclose the confidentiality 

or privacy interests of others. 

(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 reasons set forth in 

this paragraph. Notifying an individual 

at the individual’s request of the 

existence of records pertaining to such 

individual, or granting access to those 

records 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 of confidential 

sources, 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 

require disclosure of 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 

determine relevance or necessity of 

specific information in the early stages 

of an investigation, audit, evaluation, 

inspection, or other review pursuant to 

the Inspector General Act. 

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. 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. 

(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 privileges 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 the 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. 

e. In some cases, such as where 

information can be collected from 

databases, collecting that information 


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from individuals would impose 

significant administrative burdens that 

would interfere with the Inspector 

General’s oversight responsibilities 

under the Inspector General Act. 

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

agency must inform an individual 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 individual, 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 any 

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 

supports legal conclusions and 

Inspector General findings. Material that 

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 complete OIG reports. 

(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 and 

impede an ongoing criminal 

investigation. 

Reasons for exemptions under 5 

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

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

upon request, an agency must give an 

individual named in a record an 

accounting that 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. More broadly, the 

application of this provision could 

reveal the OIG’s investigative interests, 

which could compromise those 

investigative interests. Application of 

this provision could also disclose the 

confidentiality or privacy interests of 

others. 

(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; deprive codefendants of a right to a fair trial or 

other impartial adjudication; 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 

determine relevance or necessity of 

specific information in the early stages 

of an investigation, audit, evaluation, 

inspection, or other review pursuant to 

the Inspector General Act. 

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. 

HISTORY: 

No history. 


lotter on DSK11XQN23PROD with NOTICES1
36460 Federal Register / Vol. 87, No. 117 / Friday, June 17, 2022 / Notices 

1See Barium Chloride from India: Initiation of 

Countervailing Duty Investigation, 87 FR 7094 

(February 8, 2022) (Initiation Notice). 

2See Barium Chloride from India: Postponement 

of Preliminary Determination in the Countervailing 

Duty Investigation, 87 FR 14508 (March 15, 2022). 

3See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Affirmative Determination in the 

Countervailing Duty Investigation of Barium 

Chloride from India,’’ dated concurrently with, and 

hereby adopted by, this notice (Preliminary 

Decision Memorandum). 

4See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997). 

5See Initiation Notice. 

6See sections 771(5)(B) and (D) of the Act 

regarding financial contribution; section 771(5)(E) 

of the Act regarding benefit; and section 771(5A) of 

the Act regarding specificity. 

7See sections 776(a) and (b) of the Act. 

8See Petitioner’s Letter, ‘‘Countervailing Duty 

Investigation of Barium Chloride from India: 

Request to Align Final CVD Determination with 

Final AD Determination,’’ dated April 6, 2022. 

March 31, 2022 Notice of New 

System of Record. 

Jennifer Goode, 

Department of Commerce, Deputy Director 

and Acting Chief Privacy Officer and Director 

of the Office of Privacy and Open 

Government. 

[FR Doc. 2022–12569 Filed 6–16–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[B–04–2022] 

Foreign-Trade Zone (FTZ) 177— 

Evansville, Indiana; Authorization of 

Production Activity; AstraZeneca 

Pharmaceuticals, LP (Pharmaceutical 

Products); Mount Vernon, Indiana 

On February 14, 2022, AstraZeneca 

Pharmaceuticals, LP submitted a 

notification of proposed production 

activity to the FTZ Board for its facility 

within FTZ Subzone 177A, in Mount 

Vernon, Indiana. 

The notification was processed in 

accordance with the regulations of the 

FTZ Board (15 CFR part 400), including 

notice in the Federal Register inviting 

public comment (87 FR 10332–10333, 

February 24, 2022). On June 14, 2022, 

the applicant was notified of the FTZ 

Board’s decision that no further review 

of the activity is warranted at this time. 

The production activity described in the 

notification was authorized, subject to 

the FTZ Act and the FTZ Board’s 

regulations, including Section 400.14. 

Dated: June 14, 2022. 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. 2022–13065 Filed 6–16–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–533–909] 

Barium Chloride From India: 

Preliminary Affirmative Countervailing 

Duty Determination and Alignment of 

Final Determination With Final 

Antidumping Duty Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) preliminarily 

determines that countervailable 

subsidies are being provided to 

producers and exporters of barium 

chloride from India. The period of 

investigation is January 1, 2021, through 

December 31, 2021. Interested parties 

are invited to comment on this 

preliminary determination. 

DATES: Applicable June 17, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Tyler Weinhold or Harrison Tanchuck, 

AD/CVD Operations, Office VI, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–1221 or 

(202) 482–7421, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

This preliminary determination is 

made in accordance with section 703(b) 

of the Tariff Act of 1930, as amended 

(the Act). Commerce published the 

notice of initiation of this investigation 

on February 8, 2022.1 On March 15, 

2022, Commerce postponed the 

preliminary determination of this 

investigation until June 13, 2022.2 For a 

complete description of the events that 

followed the initiation of this 

investigation, see the Preliminary 

Decision Memorandum.3 A list of topics 

discussed in the Preliminary Decision 

Memorandum is included as Appendix 

II to this notice. The Preliminary 

Decision Memorandum is a public 

document and is on file electronically 

via Enforcement and Compliance’s 

Antidumping and Countervailing Duty 

Centralized Electronic Service System 

(ACCESS). ACCESS is available to 

registered users at https://

access.trade.gov. In addition, a complete 

version of the Preliminary Decision 

Memorandum can be accessed directly 

at https://access.trade.gov/public/ 

FRNoticesListLayout.aspx. 

Scope of the Investigation 

The product covered by this 

investigation is barium chloride from 

India. For a complete description of the 

scope of this investigation, see 

Appendix I. 

Scope Comments 

In accordance with the preamble to 

Commerce’s regulations,4 the Initiation 

Notice set aside a period of time for 

parties to raise issues regarding product 

coverage, (i.e., scope).5 Certain 

interested parties commented on the 

scope of the investigation as it appeared 

in the Initiation Notice. We intend to 

issue our preliminary decision regarding 

the scope of the antidumping duty (AD) 

and countervailing duty (CVD) 

investigations on or before the 

preliminary determination of the 

companion AD investigation, the 

deadline for which is August 10, 2022. 

We will incorporate the scope decisions 

from the AD investigation into the scope 

of the final CVD determination for this 

investigation, after considering any 

relevant comments submitted in scope 

case and rebuttal briefs. 

Methodology 

Commerce is conducting this 

investigation in accordance with section 

701 of the Act. For each of the subsidy 

programs found countervailable, 

Commerce preliminarily determines 

that there is a subsidy, i.e., a financial 

contribution by an ‘‘authority’’ that 

gives rise to a benefit to the recipient, 

and that the subsidy is specific.6

Commerce notes that, in making these 

findings, it relied, in part, on facts 

available and, because it finds that one 

or more respondents did not act to the 

best of their ability to respond to 

Commerce’s requests for information, it 

drew an adverse inference where 

appropriate in selecting from among the 

facts otherwise available.7 For further 

information, see the ‘‘Use of Facts 

Otherwise Available and Adverse 

Inferences’’ section in the Preliminary 

Decision Memorandum. 

Alignment 

As noted in the Preliminary Decision 

Memorandum, in accordance with 

section 705(a)(1) of the Act and 19 CFR 

351.210(b)(4), Commerce is aligning the 

final CVD determination in this 

investigation with the final 

determination in the companion AD 

investigation of barium chloride from 

India based on a request made by the 

petitioner.8 Consequently, the final CVD 

determination will be issued on the 

same date as the final AD 

determination, which is currently 


lotter on DSK11XQN23PROD with NOTICES1