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.

Rules and Regulations Federal Register

51333 

Vol. 82, No. 213 

Monday, November 6, 2017 

COUNCIL OF THE INSPECTORS 

GENERAL ON INTEGRITY AND 

EFFICIENCY 

5 CFR Part 9801 

RIN 3219–AA00 

Privacy Act Regulations 

AGENCY: Council of the Inspectors 

General on Integrity and Efficiency. 

ACTION: Interim final rule. 

SUMMARY: The Council of the Inspectors 

General on Integrity and Efficiency 

(CIGIE) is updating its regulations 

addressing procedures relating to 

access, maintenance, disclosure, and 

amendment of records that are in a 

CIGIE system of records under the 

Privacy Act of 1974 (Privacy Act) to 

implement changes in accordance with 

the Inspector General Empowerment 

Act of 2016 and to make minor 

typographical corrections. 

DATES: This interim final rule is 

effective November 6, 2017. Written 

comments may be submitted by 

December 6, 2017. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: comments@cigie.gov. 

• Fax: (202) 254–0162. 

• Mail: Atticus J. Reaser, General 

Counsel, Council of the Inspectors 

General on Integrity and Efficiency, 

1717 H Street NW., Suite 825, 

Washington, DC 20006. 

• Hand Delivery/Courier: Council of 

the Inspectors General on Integrity and 

Efficiency, 1717 H Street NW., Suite 

825, Washington, DC 20006. 

FOR FURTHER INFORMATION CONTACT: 

Atticus J. Reaser, General Counsel, 

CIGIE, (202) 292–2600. 

SUPPLEMENTARY INFORMATION: 

Background Information 

CIGIE published its final rule to 

provide the procedures and guidelines 

under which CIGIE implements the 

Privacy Act in the Federal Register, 81 

FR 86563, December 1, 2016. The final 

rule is reflected in part 9801 of the Code 

of Federal Regulations. On December 

16, 2016, the Inspector General 

Empowerment Act of 2016, Public Law 

114–317, 130 Stat. 1595 (IGEA) was 

signed into law by the President thereby 

amending the Inspector General Act of 

1978, as amended, 5 U.S.C. app., (IG 

Act) and expanding CIGIE’s records 

maintenance responsibilities to include 

maintenance of the records of CIGIE’s 

Integrity Committee (IC) by CIGIE’s 

Chairperson. IC records were previously 

maintained pursuant to the IG Act by 

the Federal Bureau of Investigation. 

In order to conform to the IGEA and 

meet its obligations thereunder, CIGIE is 

amending its regulations implementing 

the Privacy Act. Specifically, CIGIE is 

amending 5 CFR 9801.102 to accurately 

reflect the changed custodianship of IC 

records and adding a new subpart D to 

address the exemptions necessary to 

maintain the Privacy Act system of 

records associated with IC records. 

CIGIE is also making three minor 

typographical corrections. 

Administrative Procedure Act 

Pursuant to 5 U.S.C. 553(d)(3), CIGIE 

has found that good cause exists for 

waiving the general notice of proposed 

rulemaking and public comment 

procedures as to these amendments and 

for issuing this interim final rule 

without a delayed effective date. The 

notice and comment procedures are 

being waived because these 

amendments are being made in 

accordance with the mandates of the 

IGEA, which took effect without delay 

on December 16, 2016. Additionally, 

these amendments specify exemptions 

regarding the public’s access to 

information about themselves 

maintained by CIGIE. The absence of 

well-defined exemptions to the Privacy 

Act regulations could impair 

confidentiality and privacy rights of 

those who submit sensitive information 

to CIGIE and the ability of CIGIE to use 

that information to carry out its 

statutory mission. 

Executive Orders 12866 and 13563 

In promulgating this amended rule, 

CIGIE has adhered to the regulatory 

philosophy and the applicable 

principles of regulation set forth in 

section 1 of Executive Order 12866, 

Regulatory Planning and Review. The 

Office of Management and Budget 

(OMB) has determined that this rule is 

not ‘‘significant’’ under Executive Order 

12866. 

Regulatory Flexibility Act 

These amended regulations will not 

have a significant economic impact on 

a substantial number of small entities. 

Therefore, a regulatory flexibility 

analysis under the Regulatory 

Flexibility Act, as amended, is not 

required. 

Paperwork Reduction Act 

These amended regulations impose no 

additional reporting and recordkeeping 

requirements. Therefore, clearance by 

OMB is not required. 

Federalism (Executive Order 13132) 

This amended rule does not have 

Federalism implications, as set forth in 

Executive Order 13132. It will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

List of Subjects in 5 CFR Part 9801 

Information, Privacy, Privacy Act, 

Records. 

For the reasons set forth in the 

preamble, CIGIE amends part 9801 to 

title 5 of the Code of Federal 

Regulations as follows: 

PART 9801—PRIVACY ACT 

REGULATIONS 

■ 1. The authority citation for part 9801 

continues to read as follows: 

Authority: Section 11 of the Inspector 

General Act of 1978, as amended, 5 U.S.C. 

app.; 5 U.S.C. 301, 552a; 31 U.S.C. 9701. 

■ 2. Revise § 9801.102 to read as 

follows: 

§ 9801.102 CIGIE organization. 

(a) Centralized program. CIGIE has a 

centralized Privacy Act program, with 

one office receiving and coordinating 

the processing of all Privacy Act 

requests to CIGIE. 

(b) Acceptance of requests and 

appeals. CIGIE will accept initial 

requests or appeals regarding CIGIE 

records. 

■ 3. Amend § 9801.105 by revising 

paragraphs (d) and (i) to read as follows: 


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§ 9801.105 Employee standards of 

conduct. 

* * * * * 

(d) Maintain no system of records 

without public notice and notify 

appropriate CIGIE officials of the 

existence or development of any system 

of records that is not the subject of a 

current or planned public notice; 

* * * * * 

(i) Maintain and use records with care 

to prevent the unauthorized or 

inadvertent disclosure of a record to 

anyone. No record contained in a CIGIE 

system of records shall be disclosed to 

another person, or to another agency 

outside CIGIE, except pursuant to a 

written request by, or with the prior 

written consent of, the individual to 

whom the record pertains, unless the 

disclosure is otherwise authorized by 

the Privacy Act; and 

* * * * * 

■ 4. Amend § 9801.301 by revising 

paragraph (b)(2) to read as follows: 

§ 9801.301 Requests for amendment of 

record. 

* * * * * 

(b) * * * 

(2) The exact portion of the record the 

requester seeks to have amended should 

be indicated clearly. If possible, 

proposed alternative language should be 

set forth, or, at a minimum, the reasons 

why the requester believes the record is 

not accurate, relevant, timely, or 

complete should be set forth with 

enough particularity to permit CIGIE to 

not only understand the requester’s 

basis for the request, but also to make 

an appropriate amendment to the 

record. 

* * * * * 

■ 5. Add subpart D to read as follows: 

Subpart D—Exemptions 

§ 9801.401 Exemptions. 

(a) General policy. Systems of records 

maintained by CIGIE are authorized to 

be exempted from certain provisions of 

the Privacy Act under the general and 

specific exemptions set forth in the 

Privacy Act. In utilizing these 

exemptions, CIGIE is exempting only 

those portions of systems that are 

necessary for the proper functioning of 

CIGIE and that are consistent with the 

Privacy Act. Where compliance would 

not appear to interfere with or adversely 

affect the law enforcement process, and/ 

or where it may be appropriate to permit 

individuals to contest the accuracy of 

the information collected, e.g., public 

source materials, the applicable 

exemption may be waived, either 

partially or totally, by CIGIE, at the sole 

discretion of CIGIE, as appropriate. 

(b) Specific system of records 

exempted under (j)(2), (k)(1), and (k)(2). 

The system of records maintained in 

connection with CIGIE’s Integrity 

Committee, the Integrity Committee 

Management System (CIGIE–04), is 

subject to general exemption under 5 

U.S.C. 552a(j)(2) and the specific 

exemptions under 5 U.S.C. 552a(k)(1) 

and (2). These exemptions apply only to 

the extent that information in this 

system is subject to exemption pursuant 

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

Where compliance would not appear to 

interfere with or adversely affect the law 

enforcement process, and/or where it 

may be appropriate to permit 

individuals to contest the accuracy of 

the information collected, e.g., public 

source materials, the applicable 

exemption may be waived, either 

partially or totally, by CIGIE, at the sole 

discretion of CIGIE, as appropriate. 

(1) Pursuant to the provisions of 5 

U.S.C. 552a(j)(2), CIGIE–04 is exempt 

from the following provisions of the 

Privacy Act: 5 U.S.C. 552a(c)(3) and 

(c)(4); (d); (e)(1), (e)(2), (e)(3), (e)(4)(G)– 

(H), (e)(5), and (e)(8); (f); and (g). 

(2) Pursuant to the provisions of 5 

U.S.C. 552a(k)(1) and (2), CIGIE–04 is 

exempt from the following provisions of 

the Privacy Act: 5 U.S.C. 552a(c)(3); (d); 

(e)(1) and (e)(4)(G)–(H); and (f). 

(3) Exemptions from the particular 

subsections are justified for the 

following reasons: 

(i) From subsection (c)(3) because 

release of disclosure accounting could 

alert the subjects of an investigation of 

an actual or potential criminal, civil, or 

regulatory violation to the existence of 

the investigation and the fact that they 

are subjects of the investigation, and 

reveal investigative interest by not only 

CIGIE, through the IC, but also by 

external agencies such as the Public 

Integrity Section of the Department of 

Justice. Because release of such 

information to the subjects of an 

investigation would provide them with 

significant information concerning the 

nature of the investigation, release could 

result in the destruction of documentary 

evidence, improper influencing of 

witnesses, and other activities that 

could impede or compromise the 

investigation. In addition, accounting 

for each disclosure could result in the 

release of properly classified 

information which would compromise 

the national defense or disrupt foreign 

policy. 

(ii) From subsection (c)(4) because 

this system is exempt from the access 

provisions of subsection (d) pursuant to 

subsections (j) and (k) of the Privacy 

Act. 

(iii) From the access and amendment 

provisions of subsection (d) because 

access to the records contained in this 

system of records could inform the 

subjects of an investigation of an actual 

or potential criminal, civil, or regulatory 

violation of the existence of that 

investigation and of the nature and 

scope of the information and evidence 

obtained as to their activities. Such 

awareness by the subjects could prevent 

the successful completion of an 

investigation and/or lead to the 

improper influencing of witnesses, the 

destruction of evidence, or fabricated 

testimony. In addition, granting access 

to such information could disclose 

security-sensitive or confidential 

business information or information that 

would constitute an unwarranted 

invasion of the personal privacy of third 

parties. Finally, access to the records 

could result in the release of classified 

information which would compromise 

the national defense or disrupt foreign 

policy. Amendment of the records 

would interfere with ongoing 

investigations and law enforcement 

activities and impose an impossible 

administrative burden by requiring 

investigations to be continuously 

reinvestigated. 

(iv) From subsection (e)(1) because 

the application of this provision could 

impair investigations and interfere with 

the law enforcement responsibilities of 

CIGIE through the IC for the following 

reasons: 

(A) It is not possible to detect 

relevance or necessity of specific 

information in the early stages of a civil, 

criminal, or other law enforcement 

investigation, case, or matter, including 

investigations in which use is made of 

classified information. Relevance and 

necessity are questions of judgment and 

timing, and it is only after the 

information is evaluated that the 

relevance and necessity of such 

information can be established. 

(B) During the course of any 

investigation, CIGIE, through the IC, 

may obtain information concerning 

actual or potential violations of laws 

other than those within the scope of its 

jurisdiction. In the interest of effective 

law enforcement, CIGIE should retain 

this information, as it may aid in 

establishing patterns of criminal activity 

and can provide valuable leads for 

Federal and other law enforcement 

agencies. 

(C) In interviewing individuals or 

obtaining other forms of evidence 

during an investigation, information 

may be supplied to an investigator that 

relates to matters incidental to the 

primary purpose of the investigation but 

which may relate also to matters under 


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Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Rules and Regulations 51335 

the investigative jurisdiction of another 

agency. Such information cannot readily 

be segregated. 

(v) From subsection (e)(2) because, in 

some instances, the application of this 

provision would present a serious 

impediment to law enforcement for the 

following reasons: 

(A) The subjects of an investigation 

would be placed on notice as to the 

existence of an investigation and would 

therefore be able to avoid detection or 

apprehension, to improperly influence 

witnesses, to destroy evidence, or to 

fabricate testimony. 

(B) In certain circumstances the 

subjects of an investigation cannot be 

required to provide information to 

investigators, and information relating 

to their illegal acts, violations of rules of 

conduct, or any other misconduct must 

be obtained from other sources. 

(C) In any investigation it is necessary 

to obtain evidence from a variety of 

sources other than the subjects of the 

investigation. 

(vi) From subsection (e)(3) because 

the application of this provision would 

provide the subjects of an investigation 

with substantial information which 

could impede or compromise the 

investigation. 

(vii) From subsection (e)(4)(G)–(I) 

because this system of records is exempt 

from the access provisions of subsection 

(d). 

(viii) From subsection (e)(5) because 

the application of this provision may 

prevent the collection of any data not 

shown to be accurate, relevant, timely, 

and complete at the moment it is 

collected. In the collection of 

information for law enforcement 

purposes, it is impossible to determine 

in advance what information is 

accurate, relevant, timely, and complete. 

Material which may seem unrelated, 

irrelevant, or incomplete when collected 

may take on added meaning or 

significance as an investigation 

progresses. The restrictions of this 

provision could interfere with the 

preparation of a complete investigative 

report, and thereby impede effective law 

enforcement. 

(ix) From subsection (e)(8) because 

the application of this provision could 

prematurely reveal an ongoing criminal 

investigation to the subjects of an 

investigation and could reveal 

investigative techniques, procedures, or 

evidence. 

(x) From subsection (f) because 

CIGIE’s rules are inapplicable to those 

portions of the system that are exempt 

and would place the burden on CIGIE of 

either confirming or denying the 

existence of a record pertaining to a 

requesting individual, which might in 

itself provide an answer to that 

individual relating to an ongoing 

investigation. The conduct of a 

successful investigation leading to the 

indictment of a criminal offender 

precludes the applicability of 

established agency rules relating to 

verification of record, disclosure of the 

record to that individual, and record 

amendment procedures for this record 

system. 

(xi) From subsection (g) to the extent 

that this system is exempt from the 

access and amendment provisions of 

subsection (d) pursuant to subsections 

(j)(2), (k)(1), and (k)(2) of the Privacy 

Act. 

Dated: October 23, 2017. 

Michael E. Horowitz, 

Chairperson of the Council of the Inspectors 

General on Integrity and Efficiency. 

[FR Doc. 2017–24042 Filed 11–3–17; 8:45 am] 

BILLING CODE 6820–C9–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2017–0562; Product 

Identifier 2017–NM–027–AD; Amendment 

39–19088; AD 2017–22–08] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc., Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Bombardier, Inc., Model CL–600–2C10 

(Regional Jet Series 700, 701, & 702), 

Model CL–600–2D15 (Regional Jet 

Series 705), Model CL–600–2D24 

(Regional Jet Series 900), and Model 

CL–600–2E25 (Regional Jet Series 1000) 

airplanes. This AD was prompted by a 

report indicating that a number of 

rubber bull gear (RBG) wheels installed 

in the horizontal stabilizer trim actuator 

(HSTA) were manufactured using an 

incorrect material specification. This 

AD requires replacement of the affected 

RBG wheels. We are issuing this AD to 

address the unsafe condition on these 

products. 

DATES: This AD is effective December 

11, 2017. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of December 11, 2017. 

ADDRESSES: For service information 

identified in this final rule, contact 

Bombardier, Inc., 400 Coˆte-Vertu Road 

West, Dorval, Que ́bec H4S 1Y9, Canada; 

Widebody Customer Response Center 

North America toll-free telephone 1– 

866–538–1247 or direct-dial telephone 

1–514–855–2999; fax 514–855–7401; 

email ac.yul@aero.bombardier.com; 

Internet http://www.bombardier.com. 

You may view this referenced service 

information at the FAA, Transport 

Standards Branch, 1601 Lind Avenue 

SW., Renton, WA. For information on 

the availability of this material at the 

FAA, call 425–227–1221. It is also 

available on the Internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2017– 

0562. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2017– 

0562; or in person at the Docket 

Management Facility between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Office (telephone 800–647– 

5527) is Docket Management Facility, 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: Aziz 

Ahmed, Aerospace Engineer, Airframe 

and Mechanical Systems Section, FAA, 

New York ACO Branch, 1600 Stewart 

Avenue, Suite 410, Westbury, NY 

11590; telephone 516–228–7329; fax 

516–794–5531. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would 

apply to certain Bombardier, Inc., Model 

CL–600–2C10 (Regional Jet Series 700, 

701, & 702), Model CL–600–2D15 

(Regional Jet Series 705), Model CL– 

600–2D24 (Regional Jet Series 900), and 

Model CL–600–2E25 (Regional Jet Series 

1000). The NPRM published in the 

Federal Register on June 21, 2017 (82 

FR 28266) (‘‘the NPRM’’). The NPRM 

was prompted by a report indicating 

that a number of RBG wheels installed 

in the HSTA were manufactured using 

an incorrect material specification. The 

NPRM proposed to require replacement 

of the affected RBG wheels. We are 


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