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Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Proposed Rules
privacy. Additionally, revealing this information could enable individuals to evade detection and apprehension by security and law enforcement personnel; destroy, conceal, or tamper with evidence or fabricate testimony; or harass, intimidate, harm, coerce, or retaliate against witnesses, complainants, investigators, security personnel, law enforcement personnel, or their family members, their employees, or other individuals. With respect to investigatory material compiled for law enforcement purposes, the exemption pursuant to 5 U.S.C.
552ak2 from access requirements in subsection d of the Act is statutorily limited. If any individual is denied a right, privilege, or benefit to which the individual would otherwise be entitled by Federal law or for which the individual would otherwise be eligible, access will be granted, except to the extent that the disclosure would reveal the identity of a source who furnished the information to the Government under an express promise of confidentiality.
5 U.S.C. 552ae1 the requirement to maintain only relevant and necessary information authorized by statute or Executive Order. It will not always be possible to determine at the time information is received or compiled in these systems of records whether the information is or will be relevant and necessary to a law enforcement investigation. For example, a tip or lead that does not initially appear relevant or necessary may prove useful when combined with other information that reveals a pattern or that comes to light later.
5 U.S.C. 552ae4G and H the requirements to describe procedures by which subjects may be notified of whether the system of records contains records about them and seek access or amendment of a record. These requirements concern individual access to records, and the records are exempt under subsections c and d of the Act, as described above. To the extent that subsection e4G and H are interpreted to require the Agency to promulgate more detailed procedures regarding record notification, access, or amendment than have been published in the Federal Register, exemption from those provisions is necessary for the same rationale as applies to subsections c and d.
5 U.S.C. 552ae4I the requirement to describe the categories of record sources. To the extent that this subsection is interpreted to require a more detailed description regarding the record sources in this system than has been published in the Federal Register,
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exemption from this provision is necessary to protect the sources of law enforcement and intelligence information and to protect the privacy and safety of witnesses and informants and others who provide information to FRTIB or as part of the Thrift Savings Plan TSP. Further, because records used to complete personnel investigations, investigate and prosecute allegations of fraud and forgery against participant accounts, pursue legal claims, pursue internal investigations of harassment or hostile work environment allegations, or investigate and prosecute allegations of insider threats could come from any source, it is not possible to know every category in advance in order to list them all in FRTIBs accompanying SORN. Some record source categories may not be appropriate to make public in the SORN
if, for example, revealing them could enable individuals to discover investigative techniques and devise ways to bypass them to evade detection and apprehension.
5 U.S.C. 552af the requirement to promulgate rules to implement provisions of the Privacy Act. To the extent that this subsection is interpreted to require agency rules addressing the aforementioned exempted requirements, exemption from this provision is also necessary to protect the sources of law enforcement and intelligence information and to protect the privacy and safety of witnesses and informants and others who provide information to FRTIB or as part of the TSP.
Regulatory Flexibility Act FRTIB certifies that this proposed regulation will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act 5 U.S.C. 601, et seq.. This rulemaking does not impose a requirement for small businesses to report or keep records on any of the requirements contained in this proposed rule. The exemptions to the Privacy Act apply to individuals, and individuals are not covered entities under the Regulatory Flexibility Act.
Paperwork Reduction Act I certify that these proposed regulations do not require additional reporting under the criteria of the Paperwork Reduction Act.
Unfunded Mandates Reform Act of 1995
Pursuant to the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 602, 632, 653, 1501 1571, the effects of this proposed regulation on state, local, and tribal governments and the private
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sector have been assessed. This proposed regulation will not compel the expenditure in any one year of $100
million or more by state, local, and tribal governments, in the aggregate, or by the private sector. Therefore, a statement under 1532 is not required.
List of Subjects in 5 CFR Part 1630
Privacy.
Ravindra Deo, Executive Director, Federal Retirement Thrift Investment Board.

Accordingly, FRTIB proposes to amend 5 CFR part 1630 as follows:
PART 1630PRIVACY ACT
REGULATIONS
1. The authority citation for part 1630
continues to read as follows:

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

2. Amend 1630.15 by revising paragraph b to read as follows:

1630.15

Exemptions.

b Those designated systems of records which are exempt from the requirements of subsections c3; d;
e1; e4G, H, I; and f of the Privacy Act, 5 U.S.C. 552a, include FRTIB2, Personnel Security Investigation Files; FRTIB13, Fraud and Forgery Records; FRTIB14, FRTIB
Legal Case Files; FRTIB15, Internal Investigations of Harassment and Hostile Work Environment Allegations;
and FRTIB23, Insider Threat Program Records.

FR Doc. 202116435 Filed 81221; 8:45 am BILLING CODE 676001P

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service 7 CFR Part 925
Doc. No.: AMSSC210049; SC219252
PR

Amendments to the Marketing Order of Grapes Grown in a Southeastern California Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
AGENCY:

SUMMARY: This rule invites comments on proposed amendments to Marketing Order No. 925, which regulates the handling of grapes grown in a designated area of southeastern California. Proposed amendments would change the California Desert
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