Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / Proposed Rules 62737 

SIGNATURES 

Pursuant to the requirements of the 

Securities Exchange Act of 1934, the 

reporting entity has duly caused this 

report to be signed on its behalf by the 

undersigned hereunto duly authorized. 

(Securitizer) llllllllllll

Date llllllllllllllll

(Signature)* llllllllllll

* Print name and title of the signing 

officer under his signature. 

* * * * * 

By the Commission. 

Dated: October 4, 2010. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2010–25361 Filed 10–12–10; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF THE TREASURY 

Office of the Secretary 

31 CFR Part 1 

RIN 1505–AC27 

Privacy Act of 1974; Proposed 

Implementation 

AGENCY: Departmental Offices, Treasury. 

ACTION: Proposed rule. 

SUMMARY: In accordance with the 

requirements of the Privacy Act of 1974, 

5 U.S.C. 552a, the Department of the 

Treasury gives notice of a proposed 

amendment to update its Privacy Act 

regulations, and to add an exemption 

from certain provisions of the Privacy 

Act for a system of records related to the 

Office of Foreign Assets Control 

(OFAC). 

DATES: Comments must be received no 

later than November 12, 2010. 

ADDRESSES: Comments should be sent 

to: Assistant Director, Disclosure 

Services, Office of Foreign Assets 

Control, Department of the Treasury, 

1500 Pennsylvania Avenue, NW., 

Washington, DC 20220. The Department 

will make such comments available for 

public inspection and copying in the 

Department’s Library, Room 1428, Main 

Treasury Building, 1500 Pennsylvania 

Avenue, NW., Washington, DC 20220, 

on official business days between the 

hours of 10 a.m. and 5 p.m. Eastern 

Time. You can make an appointment to 

inspect comments by telephoning (202) 

622–0990 (not a toll free number). All 

comments, including attachments and 

other supporting materials, received are 

part of the public record and subject to 

public disclosure. You should submit 

only information that you wish to make 

available publicly. 

FOR FURTHER INFORMATION CONTACT: 

Assistant Director, Disclosure Services, 

Office of Foreign Assets Control, 

Department of the Treasury, 1500 

Pennsylvania Avenue, NW., 

Washington, DC 20220, tel.: 202–622– 

2510 (not a toll free number), or Chief 

Counsel (Foreign Assets Control), Office 

of General Counsel, Department of the 

Treasury, 1500 Pennsylvania Avenue, 

NW., Washington, DC 20220, tel.: 202– 

622–2410 (not a toll free number). 

SUPPLEMENTARY INFORMATION: In 

reviewing Treasury regulations 

implementing the Privacy Act, the 

Department found that Executive Order 

11652 listed in Section 1.26(g)(6)(ii)(A) 

has been superseded and needs to be 

updated. This section is being amended 

to reference Executive Orders 12958, 

13526, or successor or prior Executive 

Orders as may be necessary. 

Under 5 U.S.C. 552a(k)(1), the head of 

an agency may promulgate rules to 

exempt a system of records from certain 

provisions of 5 U.S.C. 552a if the system 

of records is subject to the provisions of 

5 U.S.C. 552(b)(1), which regards 

matters specifically authorized under 

criteria established by an Executive 

Order to be kept secret in the interest of 

national defense or foreign policy and 

are in fact properly classified pursuant 

to such Executive Order. 

To the extent that systems of records 

contain information subject to the 

provisions of 5 U.S.C. 552(b)(1), the 

Department of the Treasury proposes to 

exempt the systems of records from the 

following provisions of the Privacy Act 

pursuant to 5 U.S.C. 552a(k)(1): 

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

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

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). 

The reason for invoking the 

exemption is to protect material 

authorized to be kept secret in the 

interest of national defense or foreign 

policy pursuant to Executive Orders 

12958, 13526, or successor or prior 

Executive Orders. 

This document also creates a new 

table in paragraph 31 CFR 1.36(e)(1) 

under the new heading designated as 

‘‘(i) Departmental Offices:’’. The system 

of records entitled ‘‘DO .120—Records 

Related to Office of Foreign Assets 

Control Economic Sanctions’’ will be 

added to the table under (i). The current 

heading ‘‘Financial Crimes Enforcement 

Network:’’ and the associated table is 

designated as ‘‘(ii).’’ 

The Department of the Treasury has 

published separately in the Federal 

Register the notice of a consolidated 

system of records related to OFAC on 

October 6, 2010, at 75 FR 61853. 

This proposed rule is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866. 

Pursuant to the requirements of the 

Regulatory Flexibility Act (RFA), 5 

U.S.C. 601–612, it is hereby certified 

that this rule will not have significant 

economic impact on a substantial 

number of small entities. The term 

‘‘small entity’’ is defined to have the 

same meaning as the terms ‘‘small 

business,’’ ‘‘small organization,’’ and 

‘‘small governmental jurisdiction,’’ as 

defined in the RFA. 

The proposed regulation, issued 

under section 522a(k) of the Privacy 

Act, is to exempt certain information in 

the above systems of records within the 

Department from certain provisions 

under the Privacy Act, including those 

regarding notification, access to a 

record, and amendment of a record by 

individuals who are citizens of the 

United States or an alien lawfully 

admitted for permanent residence. 

Inasmuch as the Privacy Act rights are 

personal and apply only to U.S. citizens 

or an alien lawfully admitted for 

permanent residence, small entities as 

defined in the RFA are not provided 

rights under the Privacy Act and are 

outside the scope of this regulation. 

List of Subjects in 31 CFR Part 1 

Privacy. 

Part 1, subpart C of title 31 of the 

Code of Federal Regulations is proposed 

to be amended as follows: 

PART 1—[AMENDED] 

1. The authority citation for part 1 

continues to read as follows: 

Authority: 5 U.S.C. 301 and 31 U.S.C. 321. 

Subpart A also issued under 5 U.S.C. 552, as 

amended. Subpart C also issued under 5 

U.S.C. 552a, as amended. 

Subpart C—Privacy Act 

2. Section 1.26 is amended by revising 

the first sentence in paragraph 

(g)(6)(ii)(A) to read as follows: 

§ 1.26 Procedures for notification and 

access to records pertaining to 

individuals—format and fees for request for 

access. 

* * * * * 

(g) * * * 

(6) * * * 

(ii) * * * 

(A) Requests for information classified 

pursuant to Executive Orders 12958, 

13526, or successor or prior Executive 

Orders require the responsible 

component of the Department to review 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
62738 Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / Proposed Rules 

the information to determine whether it 

continues to warrant classification 

pursuant to an Executive Order. * * * 

* * * * * 

3. Section 1.36 is amended by revising 

paragraphs (e) and (f) to read as follows: 

§ 1.36 Systems exempt in whole or in part 

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

part. 

* * * * * 

(e) Specific exemptions under 

5 U.S.C. 552a(k)(1). (1) Under 5 U.S.C. 

552a(k)(1), the head of any agency may 

promulgate rules to exempt any system 

of records within the agency from 

certain provisions of the Privacy Act to 

the extent that the system contains 

information subject to the provisions of 

5 U.S.C. 552(b)(1). This paragraph 

applies to the following systems of 

records maintained by the Department 

of the Treasury: 

(i) Departmental Offices: 

Number System name 

DO .120 ....... Records Related to Office of 

Foreign Assets Control Economic Sanctions. 

(ii) Financial Crimes Enforcement 

Network: 

Number System name 

FinCEN .001 FinCEN Database. 

(2) The Department of the Treasury 

hereby exempts the systems of records 

listed in paragraph (e)(1) of this section 

from the following provisions of 

5 U.S.C. 552a, pursuant to 5 U.S.C. 

552a(k)(1): 5 U.S.C. 552a(c)(3), 5 U.S.C. 

552a(d)(1), (2), (3), and (4), 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). 

(f) Reasons for exemptions under 5 

U.S.C. 552a(k)(1). The reason for 

invoking the exemption is to protect 

material authorized to be kept secret in 

the interest of national defense or 

foreign policy pursuant to Executive 

Orders 12958, 13526, or successor or 

prior Executive Orders. 

* * * * * 

Dated: July 16, 2010. 

Melissa Hartman, 

Acting Deputy Assistant Secretary for Privacy, 

Transparency, and Records. 

[FR Doc. 2010–25756 Filed 10–12–10; 8:45 am] 

BILLING CODE 4810–25–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 26 

[EPA–HQ–OPP–2010–0785; FRL–8850–2] 

RIN 2070–AJ76 

Revisions to EPA’s Rule on 

Protections for Subjects in Human 

Research Involving Pesticides; 

Notification to the Secretary of 

Agriculture 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notification to the Secretary of 

Agriculture. 

SUMMARY: This document notifies the 

public that the Administrator of EPA 

has forwarded to the Secretary of 

Agriculture a draft proposed rule as 

required by section 25(a) of the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA). As described in the 

Agency’s semi-annual Regulatory 

Agenda, the draft proposed rule would 

amend the portions of EPA’s rules for 

the protection of human subjects of 

research that apply to third parties who 

conduct or support research for 

pesticides involving intentional 

exposure of human subjects, and to 

persons who submit the results of 

human research for pesticides to EPA. 

EPA agreed to propose these 

amendments as a result of a settlement 

agreement resolving a judicial challenge 

to the promulgation of these rules in 

2006, and is now seeking comments on 

these draft proposed amendments from 

the Secretary of Agriculture. The draft 

proposed amendments would clarify the 

applicability of the rules to human 

testing for pesticides submitted to EPA 

under any statute, would disallow 

consent by a legally authorized 

representative of participants in 

pesticide studies who cannot consent 

for themselves, and would identify 

specific considerations to be addressed 

in EPA science and ethics reviews of 

proposed and completed human 

research for pesticides, based on the 

recommendations of the National 

Academy of Sciences and on the 

Nuremberg Code. 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2010–0785. All documents in the 

docket are listed in the docket index 

available in http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: 

Kelly Sherman, Immediate Office of the 

Director (7501P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (703) 305–8401; fax number: 

(703) 308–4776; e-mail address: 

sherman.kelly@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me? 

This action is directed to the public 

in general. It simply announces the 

submission of a draft proposed rule to 

the U.S. Department of Agriculture 

(USDA) and does not otherwise affect 

any specific entities. This action may, 

however, be of particular interest to 

pesticide registrants (NAICS code 

325320) who sponsor or conduct human 

research for pesticides, and to other 

entities that sponsor or conduct human 

research for pesticides (NAICS code 

541710). Since other entities may also 

be interested, the Agency has not 

attempted to describe all the specific 

entities that may be interested in this 

action. If you have any questions 

regarding this action, consult the person 

listed under FOR FURTHER INFORMATION

CONTACT. 

II. What action is EPA taking? 

Section 25(a)(2) of FIFRA requires the 

Administrator to provide the Secretary 

of Agriculture with a copy of any 

proposed regulation at least 60 days 

before signing it for publication in the 

Federal Register. The draft proposed 

rule is not available to the public until 

after it has been signed by EPA. If the 

Secretary comments in writing 

regarding the draft proposed rule within 

30-days after receiving it, the 

Administrator shall include the 

comments of the Secretary and the 

Administrator’s response to those 

comments in the proposed rule when it 

is published in the Federal Register. If 

the Secretary does not comment in 

writing within 30 days after receiving 


jlentini on DSKJ8SOYB1PROD with PROPOSALS