26598 Federal Register / Vol. 74, No. 105 / Wednesday, June 3, 2009 / Proposed Rules 

FOR FURTHER INFORMATION CONTACT: 

Theresa M. Melchiorre, (202) 622–3090 

(not a toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

The notice of proposed rulemaking 

that is the subject of this document is 

under section 2036 of the Internal 

Revenue Code. 

Need for Correction 

As published, the notice of proposed 

rulemaking (REG–119532–08) that 

published on April 30, 2009 (74 FR 

19913) does not accurately reflect the 

information intended to be 

communicated and thus needs 

clarification. 

Correction to Publication 

Accordingly, the notice of proposed 

rulemaking which was the subject of FR 

Doc. E9–10003 is corrected as follows: 

On page 19917, § 20.2036–1 (c)(2)(iii) 

Example 7 (iii), the chart at the top of 

the page is corrected to read as follows: 

§ 20.2036–1 Transfers with retained life 

estate. 

* * * * * 

(c) * * * 

(2) * * * 

(iii) * * * 

Example 7. * * * 

(iii) * * * 

* * * * * 

Cynthia E. Grigsby, 

Senior Federal Register Liaison Officer, 

Publications and Regulations Branch, Legal 

Processing Division, Associate Chief Counsel 

(Procedure and Administration). 

[FR Doc. E9–12855 Filed 6–2–09; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF JUSTICE 

28 CFR Part 16 

[CPCLO Order No. 002–2009] 

Privacy Act of 1974; Implementation 

AGENCY: Criminal Division, Department 

of Justice. 

ACTION: Proposed rule. 

SUMMARY: The Criminal Division (CRM), 

Department of Justice, proposes to 

amend its Privacy Act regulations for a 

newly modified Privacy Act system of 

records entitled ‘‘Organized Crime Drug 

Enforcement Task Force Fusion Center 

and International Organized Crime 

Intelligence and Operations Center 

System,’’ JUSTICE/CRM–028, as 

described in today’s notice section of 

the Federal Register. The ‘‘Organized 

Crime Drug Enforcement Task Force 

Fusion Center and International 

Organized Crime Intelligence and 

Operations Center System,’’ JUSTICE/ 

CRM–028, will be exempt from the 

subsections of the Privacy Act listed 

below for the reasons set forth in the 

following text. Information in this 

system of records relates to matters of 

law enforcement, and the exemptions 

are necessary to avoid interference with 

law enforcement responsibilities and to 

protect the privacy of third parties. 

DATES: Submit any comments by July 6, 

2009. 

ADDRESSES: Address all comments to 

Robin Moss, Privacy Analyst, Office of 

Privacy and Civil Liberties, Department 

of Justice, 1331 Pennsylvania Avenue, 

Room 940, Washington, DC 20530. To 

ensure proper handling, please 

reference the CPCLO Order No. on your 

correspondence. You may view an 

electronic version of this proposed rule 

at www.regulations.gov. You may also 

comment via the Internet to the DOJ 

Office of Privacy and Civil Liberties at 

the following e-mail address: 

DOJPrivacyACTProposedRegulations@

usdoj.gov; or by using the 

www.regulations.gov comment form for 

this regulation. When submitting 

comments electronically, you must 

include the CPCLO Order No. in the 

subject box. 

FOR FURTHER INFORMATION CONTACT: 

Robin Moss, 202–514–0208. 

SUPPLEMENTARY INFORMATION: This 

proposed rule seeks to amend 28 CFR 

16.91 paragraphs (u) and (v) as set forth 

below. These modified paragraphs 

exempt the ‘‘Organized Crime Drug 

Enforcement Task Force Fusion Center 

and International Organized Crime 

Intelligence and Operations Center 

System,’’ JUSTICE/CRM–028, from 

certain provisions of the Privacy Act of 

1974, as amended. 

This order relates to individuals 

rather than small business entities. 

Nevertheless, pursuant to the 

requirements of the Regulatory 

Flexibility Act, 5 U.S.C. 601–612, this 

order will not have a significant 

economic impact on a substantial 

number of small entities. 

List of Subjects in 28 CFR Part 16 

Administrative practices and 

procedures, Courts, Freedom of 

Information, Sunshine Act and Privacy. 

Pursuant to the authority vested in the 

Attorney General by 5 U.S.C. 552a and 

delegated to me by Attorney General 

Order No. 2940–2008, it is proposed to 

amend 28 CFR part 16 as follows: 


sroberts on PROD1PC70 with PROPOSALSEP03JN09.046</GPH>
Federal Register / Vol. 74, No. 105 / Wednesday, June 3, 2009 / Proposed Rules 26599 

PART 16—PRODUCTION OR 

DISCLOSURE OF MATERIAL OR 

INFORMATION 

1. The authority citation for part 16 

continues to read as follows: 

Authority: 5 U.S.C. 301, 552, 552a, 552b(g), 

and 553; 18 U.S.C. 4203(a)(1); 28 U.S.C. 509, 

510, 534; 31 U.S.C. 3717 and 9701. 

2. Section 16.91 is amended by 

revising paragraphs (u) and (v) to read 

as follows: 

§ 16.91 Exemption of Criminal Division 

Systems—limited access, as indicated. 

(u) The following system of records is 

exempted pursuant to the provisions of 

5 U.S.C. 552a(j) and/or (k) from 

subsections (c)(3) and (4); (d)(1), (2), (3) 

and (4); (e)(1), (2), (3), (4)(G), (H) and (I), 

(5) and (8); (f) and (g) of 5 U.S.C. 552a: 

Organized Crime Drug Enforcement 

Task Force Fusion Center and 

International Organized Crime 

Intelligence and Operations Center 

System (JUSTICE/CRM–028). These 

exemptions apply only to the extent that 

information in this system is subject to 

exemption pursuant to 5 U.S.C. 552a(j) 

and/or (k). 

(v) Exemptions from the particular 

subsections are justified for the 

following reasons: 

(1) From subsection (c)(3) because to 

provide the subject with an accounting 

of disclosures of records in this system 

could inform that individual of the 

existence, nature, or scope of an actual 

or potential law enforcement or 

counterintelligence investigation by the 

Organized Crime Drug Enforcement 

Task Force Fusion Center, the 

International Organized Crime 

Intelligence and Operations Center, or 

the recipient agency, and could permit 

that individual to take measures to 

avoid detection or apprehension, to 

learn the identity of witnesses and 

informants, or to destroy evidence, and 

would therefore present a serious 

impediment to law enforcement or 

counterintelligence efforts. In addition, 

disclosure of the accounting would 

amount to notice to the individual of the 

existence of a record. Moreover, release 

of an accounting may reveal information 

that is properly classified pursuant to 

Executive Order and could compromise 

the national defense or foreign policy. 

(2) From subsection (c)(4) because this 

subsection is inapplicable to the extent 

that an exemption is being claimed for 

subsections (d)(1), (2), (3), and (4). 

(3) From subsection (d)(1) because 

disclosure of records in the system 

could alert the subject of an actual or 

potential criminal, civil, or regulatory 

violation of the existence of that 

investigation, of the nature and scope of 

the information and evidence obtained 

as to his activities, of the identity of 

confidential witnesses and informants, 

of the investigative interest of Organized 

Crime Drug Enforcement Task Force 

Fusion Center, International Organized 

Crime Intelligence and Operations 

Center, and other intelligence or law 

enforcement agencies (including those 

responsible for civil proceedings related 

to laws against drug trafficking or 

related financial crimes or international 

organized crime); lead to the destruction 

of evidence, improper influencing of 

witnesses, fabrication of testimony, and/ 

or flight of the subject; reveal the details 

of a sensitive investigative or 

intelligence technique, or the identity of 

a confidential source; or otherwise 

impede, compromise, or interfere with 

investigative efforts and other related 

law enforcement and/or intelligence 

activities. In addition, disclosure could 

invade the privacy of third parties and/ 

or endanger the life, health, and 

physical safety of law enforcement 

personnel, confidential informants, 

witnesses, and potential crime victims. 

Access to records could also result in 

the release of information properly 

classified pursuant to Executive Order, 

thereby compromising the national 

defense or foreign policy. 

(4) From subsection (d)(2) because 

amendment of the records thought to be 

incorrect, irrelevant, or untimely would 

also interfere with ongoing 

investigations, criminal or civil law 

enforcement proceedings, and other law 

enforcement activities and impose an 

impossible administrative burden by 

requiring investigations, analyses, and 

reports to be continuously 

reinvestigated and revised, as well as 

may impact information properly 

classified pursuant to Executive Order. 

(5) From subsections (d)(3) and (4) 

because these subsections are 

inapplicable to the extent exemption is 

claimed from (d)(1) and (2). 

(6) From subsection (e)(1) because, in 

the course of its acquisition, collation, 

and analysis of information under the 

statutory authority granted to them, both 

the Organized Crime Drug Enforcement 

Task Force Fusion Center and 

International Organized Crime 

Intelligence and Operations Center will 

occasionally obtain information, 

including information properly 

classified pursuant to Executive Order, 

that concern actual or potential 

violations of law that are not strictly 

within its statutory or other authority or 

may compile information in the course 

of an investigation which may not be 

relevant to a specific prosecution. It is 

impossible to determine in advance 

what information collected during an 

investigation will be important or 

crucial to the apprehension of fugitives. 

In the interests of effective law 

enforcement, it is necessary to retain 

such information in this system of 

records because it can aid in 

establishing patterns of criminal activity 

and can provide valuable leads for 

federal and other law enforcement 

agencies. This consideration applies 

equally to information acquired from, or 

collated or analyzed for, both law 

enforcement agencies and agencies of 

the U.S. foreign intelligence community 

and military community. 

(7) From subsection (e)(2) because in 

a criminal, civil, or regulatory 

investigation, prosecution, or 

proceeding, the requirement that 

information be collected to the greatest 

extent practicable from the subject 

individual would present a serious 

impediment to law enforcement because 

the subject of the investigation, 

prosecution, or proceeding would be 

placed on notice as to the existence and 

nature of the investigation, prosecution, 

and proceeding and would therefore be 

able to avoid detection or apprehension, 

to influence witnesses improperly, to 

destroy evidence, or to fabricate 

testimony. Moreover, thorough and 

effective investigation and prosecution 

may require seeking information from a 

number of different sources. 

(8) From subsection (e)(3) (to the 

extent applicable) because the 

requirement that individuals supplying 

information be provided a form stating 

the requirements of subsection (e)(3) 

would constitute a serious impediment 

to law enforcement in that it could 

compromise the existence of a 

confidential investigation or reveal the 

identity of witnesses or confidential 

informants and endanger their lives, 

health, and physical safety. The 

individual could seriously interfere 

with undercover investigative 

techniques and could take appropriate 

steps to evade the investigation or flee 

a specific area. 

(9) From subsections (e)(4)(G), (H) and 

(I) because this system is exempt from 

the access provisions of subsection (d) 

pursuant to subsections (j) and (k) of the 

Privacy Act. 

(10) From subsection (e)(5) because 

the acquisition, collation, and analysis 

of information for law enforcement 

purposes from various agencies does not 

permit a determination in advance or a 

prediction of what information will be 

matched with other information and 

thus whether it is accurate, relevant, 

timely and complete. With the passage 

of time, seemingly irrelevant or 

untimely information may acquire new 

significance as further investigation 


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26600 Federal Register / Vol. 74, No. 105 / Wednesday, June 3, 2009 / Proposed Rules 

brings new details to light and the 

accuracy of such information can often 

only be determined in a court of law. 

The restrictions imposed by subsection 

(e)(5) would restrict the ability of 

trained investigators, intelligence 

analysts, and government attorneys to 

exercise their judgment in collating and 

analyzing information and would 

impede the development of criminal or 

other intelligence necessary for effective 

law enforcement. 

(11) From subsection (e)(8) because 

the individual notice requirements of 

subsection (e)(8) could present a serious 

impediment to law enforcement by 

revealing investigative techniques, 

procedures, evidence, or interest and 

interfering with the ability to issue 

warrants or subpoenas, and could give 

persons sufficient warning to evade 

investigative efforts. 

(12) From subsections (f) and (g) 

because these subsections are 

inapplicable to the extent that the 

system is exempt from other specific 

subsections of the Privacy Act. 

Dated: May 28, 2009. 

Kirsten J. Moncada, 

Acting Chief Privacy and Civil Liberties 

Officer. 

[FR Doc. E9–12859 Filed 6–2–09; 8:45 am] 

BILLING CODE 4410–14–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0314; FRL–8906–2] 

Revisions to the California State 

Implementation Plan, San Diego Air 

Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the San Diego Air Pollution 

Control District (SDAPCD) portion of 

the California State Implementation 

Plan (SIP). The revisions concern the 

permitting of air pollution sources. We 

are proposing to approve SDAPCD Rule 

27.1—Federal Requirements for the San 

Diego County Air Pollution Control 

District’s Alternative Mobile Source 

Emission Reduction Program Approved 

on September 8, 2000, which is a local 

rule that regulates air pollution sources 

under the Clean Air Act as amended in 

1990 (CAA or the Act). 

DATES: Any comments on this proposal 

must arrive by July 6, 2009. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2009–0314, by one of the 

following methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

• E-mail: R9airpermits@epa.gov. 

• Mail or deliver: Gerardo Rios (Air3), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or e-mail. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send e-mail 

directly to EPA, your e-mail address 

will be automatically captured and 

included as part of the public comment. 

If EPA cannot read your comment due 

to technical difficulties and cannot 

contact you for clarification, EPA may 

not be able to consider your comment. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section 

below. 

FOR FURTHER INFORMATION CONTACT: 

Shaheerah Kelly, Permits Office (AIR– 

3), U.S. Environmental Protection 

Agency, Region IX, (415) 947–4156, 

kelly.shaheerah@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

proposal addresses the following local 

rule: Rule 27.1—Federal Requirements 

for the San Diego County Air Pollution 

Control District’s Alternative Mobile 

Source Emission Reduction Program 

Approved on September 8, 2000. In the 

Rules and Regulations section of this 

Federal Register, we are approving this 

local rule in a direct final action without 

prior proposal because we believe the 

SIP revision is not controversial. If we 

receive adverse comments, however, we 

will publish a timely withdrawal of the 

direct final rule and address the 

comments in subsequent action based 

on this proposed rule. Please note that 

if we receive adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

We do not plan to open a second 

comment period, so anyone interested 

in commenting should do so at this 

time. If we do not receive adverse 

comments, no further activity is 

planned. For further information, please 

see the direct final action. 

Dated: May 7, 2009. 

Jane Diamond, 

Acting Regional Administrator, Region IX. 

[FR Doc. E9–12790 Filed 6–2–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 412 

[CMS–1406–P2] 

RIN 0938–AP39 

Medicare Program; Proposed Rate 

Year (RY) 2010 Medicare SeverityLong-Term Care Diagnosis-Related 

Group (MS–LTC–DRG) Relative 

Weights and High-Cost Outlier FixedLoss Amount 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Proposed rule; supplemental. 

SUMMARY: This supplemental proposed 

rule presents both proposed rate year 

(RY) 2010 Medicare severity-long-term 

care diagnosis-related group (MS–LTC– 

DRG) relative weights and a proposed 

RY 2010 high cost outlier (HCO) fixedloss amount based on the revised fiscal 

year (FY) 2009 MS–LTC–DRG relative 

weights presented in an interim final 

rule with comment period published 

elsewhere in this Federal Register. 

DATES: To be assured consideration, 

comments must be received at one of 

the addresses provided below, no later 

than 5 p.m. on June 30, 2009. 

ADDRESSES: In commenting, please refer 

to file code CMS–1406–P2. Because of 

staff and resource limitations, we cannot 

accept comments by facsimile (FAX) 

transmission. 


sroberts on PROD1PC70 with PROPOSALS