[Federal Register Volume 62, Number 95 (Friday, May 16, 1997)]
[Rules and Regulations]
[Pages 26934-26939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12611]


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DEPARTMENT OF THE TREASURY

Departmental Offices

31 CFR Part 1


Privacy Act of 1974; Implementation

AGENCY: Departmental Offices, Treasury.

ACTION: Final Rule.

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SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, as amended, 5 U.S.C. 552a, the Department of the Treasury issues 
a final rule to add the exemption claimed for the Pacific Basin 
Reporting Network--Treasury/Customs .171.

EFFECTIVE DATE: May 16, 1997.


[[Page 26935]]


FOR FURTHER INFORMATION CONTACT: Dale Underwood, Disclosure Services, 
Department of the Treasury, Washington, DC 20220. (202) 622-0930.

SUPPLEMENTARY INFORMATION: The Privacy Act system of records notice 
establishing the Pacific Basin Reporting Network--Treasury/Customs 
.171, was published at 57 FR 54633 on November 19, 1992. A 
determination setting out the findings by the Commissioner of the U.S. 
Customs was published as a proposed rule on November 19, 1992, at 57 FR 
54539. The proposed rule requested comments be submitted by December 
21, 1992; however none were received. Accordingly, a final 
determination was published in the Federal Register by the Department 
on behalf of the Customs Service on November 29, 1996, at 61 FR 60559.
     This final rule is to conform the Department's regulations found 
at 31 CFR 1.36 with the proposed and final determination published by 
the Department on behalf of the Customs Service. The rule amends 31 CFR 
1.36 to add the exemptions claimed for the Pacific Basin Reporting 
Network--Treasury/Customs .171 to the Department's regulations.
     In accordance with 5 U.S.C. 552a (j) and (k) and Sec. 1.23(c), the 
Department of the Treasury exempts the Pacific Basin Reporting Network 
system of records from certain provisions of the Privacy Act for the 
reasons indicated:
    a. General exemptions under 5 U.S.C. 552a(j)(2). Pursuant to the 
provisions of 5 U.S.C. 552a(j)(2), the Department of the Treasury 
(Department), hereby exempts the Basin Reporting Network system of 
records, maintained by the United States Customs Service, from the 
provisions of 5 U.S.C. 552a(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).
    1. Exempt system. The Pacific Basin Reporting Network--Treasury/
Customs .171(PBRN), contains information of the type described in 5 
U.S.C. 552a(j)(2), and shall be exempt from the provisions of 5 U.S.C. 
552a listed in paragraph a. above except as otherwise indicated below.
    2.  Reasons for exemptions. (a) 5 U.S.C. 552a (e)(4)(G) and (f)(1) 
enable individuals to be notified whether a system of records contains 
records pertaining to them. The Department believes that application of 
these provisions to the PBRN system of records would give individuals 
an opportunity to learn whether they are of record either as suspects 
or as subjects of a criminal investigation. This would compromise the 
ability of the Department to complete investigations and to detect and 
apprehend violators of customs and related laws in that individuals 
would thus be able to:
    (1) Take steps to avoid detection;
    (2) Inform co-conspirators of the fact that an investigation is 
being conducted;
    (3) Learn the nature of the investigation to which they are being 
subjected;
    (4) Learn the type of surveillance being utilized;
    (5) Learn whether they are only suspects or identified law 
violators;
    (6) Continue or resume their illegal conduct without fear of 
detection upon learning that they are not in a particular system of 
records; and
    (7) Destroy evidence needed to prove the violation.
    (b) 5 U.S.C. 552a(d)(1), (e)(4)(H) and (f)(2), (3) and (5) enable 
individuals to gain access to records pertaining to them. The 
Department believes that application of these provisions to the PBRN 
system of records would compromise its ability to complete or continue 
criminal investigations and to detect and apprehend violators of 
customs and related criminal laws. Permitting access to records 
contained in the PBRN system of records would provide individuals with 
significant information concerning the nature of the investigation, and 
this could enable them to avoid detection or apprehension in the 
following ways:
    (1) By discovering the collection of facts which would form the 
basis for their arrest;
    (2) By enabling them to destroy contraband or other evidence of 
criminal conduct which would form the basis for their arrest; and
    (3) By learning that the criminal investigators had reason to 
believe that a crime was about to be committed, they could delay the 
commission of the crime or change the scene of the crime to a location 
which might not be under surveillance. Granting access to on-going or 
closed investigative files would also reveal investigative techniques 
and procedures, the knowledge of which could enable individuals 
planning criminal activity to structure their future operations in such 
a way as to avoid detection or apprehension, thereby neutralizing law 
enforcement investigative tools and procedures. Further, granting 
access to investigative files and records could disclose the identity 
of confidential sources and other informers and the nature of the 
information which they supplied, thereby endangering the life or 
physical safety of those sources of information by exposing them to 
possible reprisals for having provided information relating to the 
criminal activities of those individuals who are the subject of the 
investigative files and other records. Confidential sources and other 
informers might refuse to provide criminal investigators with valuable 
information if they could not be secure in their knowledge that their 
identities would not be revealed through disclosure of either their 
names or the nature of the information they supplied, and this would 
seriously impair the ability of the Customs Service to carry out its 
mandate to enforce the Customs criminal and related laws. Additionally, 
providing access to records contained in the PBRN system of records 
could reveal the identities of undercover law enforcement officers who 
compiled information regarding an individual's criminal activities, 
thereby endangering the life or physical safety of those undercover 
officers or their families by exposing them to possible reprisals.
    (c) 5 U.S.C. 552a(d)(2), (3) and (4), (e)(4)(H) and (f)(4), which 
are dependent upon access having been granted to records pursuant to 
the provisions cited in paragraph (b) above, enable individuals to 
contest (seek amendment to) the content of records contained in a 
system of records and require an agency to note an amended record and 
provide a copy of an individual's statement (of disagreement with the 
agency's refusal to amend a record) to persons or other agencies to 
whom the record has been disclosed. The Department believes that the 
reasons set forth in paragraph (b) above are equally applicable to this 
subparagraph and, accordingly, those reasons are hereby incorporated 
herein by reference.
    (d) 5 U.S.C. 552a(c)(3) requires that an agency make accountings of 
disclosures of records available to individuals named in the records at 
their request; such accountings must state the date, nature and purpose 
of each disclosure of a record and the name and address of the 
recipient. The Department believes that application of this provision 
to the PBRN system of records would impair the ability of other law 
enforcement agencies to make effective use of information provided by 
the Customs Service in connection with the investigation, detection and 
apprehension of violators of the criminal laws enforced by those other 
law enforcement agencies. Making accountings of disclosure available to 
violators would alert those individuals to the fact that another agency 
is conducting an investigation into their criminal activity, and this 
could reveal the geographic location of the other agency's 
investigation, the nature and purpose of that investigation, and the 
dates on which that investigation was

[[Page 26936]]

active. Violators possessing such knowledge would thereby be able to 
take appropriate measures to avoid detection or apprehension by 
altering their operations, by transferring their criminal activities to 
other geographical areas or by destroying or concealing evidence which 
would form the basis for their arrest. In addition, providing violators 
with accountings of disclosure would alert those individuals to the 
fact that the Department has information regarding their criminal 
activities and could inform those individuals of the general nature of 
that information; this, in turn, would afford those individuals a 
better opportunity to take appropriate steps to avoid detection or 
apprehension for violations of customs and related criminal laws.
    (e) 5 U.S.C. 552a(c)(4) requires that an agency inform any person 
or other agency about any correction or notation of dispute made by the 
agency in accordance with 5 U.S.C. 552a(d) of any record that has been 
disclosed to the person or agency if an accounting of the disclosure 
was made. Since this provision is dependent on an individual's having 
been provided an opportunity to contest (seek amendment to) records 
pertaining to him, and since the PBRN system of records is proposed to 
be exempted from those provisions of 5 U.S.C. 552a relating to 
amendments of records as indicated in paragraph (c) above, the 
Department believes that this provision should not be applicable to the 
PBRN system of records.
    (f) 5 U.S.C. 552a(e)(4)(I) requires that an agency publish a public 
notice listing the categories of sources for information contained in a 
system of records. The Department believes that application of this 
provision to the PBRN system of records could compromise its ability to 
conduct investigations and to identify, detect and apprehend violators 
of customs and related criminal laws because revealing sources for 
information could:
    (1) Disclose investigative techniques and procedures;
    (2) Result in threatened or actual reprisal directed to informers 
by the subject under investigation; and
    (3) Result in the refusal of informers to give information or to be 
candid with criminal investigators because of the knowledge that their 
identities as sources might be disclosed.
    (g) 5 U.S.C. 552a(e)(1) requires that an agency maintain in its 
records only such information about an individual as is relevant and 
necessary to accomplish a purpose of the agency required to be 
accomplished by statute or executive order. The term ``maintain'' as 
defined in 5 U.S.C. 552a(a)(3) includes ``collect'' and 
``disseminate.'' At the time that information is collected by the 
Department, there is often insufficient time to determine whether the 
information is relevant and necessary to accomplish a purpose of the 
Department; in many cases information collected may not be immediately 
susceptible to a determination of whether the information is relevant 
and necessary, particularly in the early stages of investigation. In 
many cases information which initially appears to be irrelevant and 
unnecessary may, upon further evaluation or upon continuation of the 
investigation, prove to have particular relevance to an enforcement 
program of the Department. Further, not all violations of law 
discovered during a Customs Service criminal investigation fall within 
the investigative jurisdiction of the Department; in order to promote 
effective law enforcement, it often becomes necessary and desirable to 
disseminate information pertaining to such violations to other law 
enforcement agencies which have jurisdiction over the offense to which 
the information relates. The Department should not be placed in a 
position of having to ignore information relating to violations of law 
not within its jurisdiction where that information comes to the 
attention of the Department through the conduct of a lawful Customs 
Service investigation. The Department therefore believes that it is 
appropriate to exempt the PBRN system of records from the provisions of 
5 U.S.C. 552a(e)(1).
    (h) 5 U.S.C. 552a(e)(2) requires that an agency 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 Department believes that application of this provision to the PBRN 
system of records would impair the ability of the Customs Service to 
conduct investigations and to identify, detect and apprehend violations 
of customs and related criminal laws for the following reasons:
    (1) Most information collected about an individual under criminal 
investigation is obtained from third parties such as witnesses and 
informers, and it is usually not feasible to rely upon the subject of 
the investigation as a source for information regarding his or her 
criminal activities;
    (2) An attempt to obtain information from the subject of a criminal 
investigation will often alert that individual to the existence of an 
investigation, thereby affording the individual an opportunity to 
attempt to conceal his or her criminal activities so as to avoid 
apprehension;
    (3) In certain instances the subject of a criminal investigation is 
not required to supply information to criminal investigators as a 
matter of legal duty; and
    (4) During criminal investigations it is often a matter of sound 
investigative procedure to obtain information from a variety of sources 
in order to verify information already obtained.
    (i) 5 U.S.C. 552a(e)(3) requires that an agency inform each 
individual whom it asks to supply information, on the form which it 
uses to collect the information or on a separate form that can be 
retained by the individual: the authority which authorizes the 
solicitation of the information and whether disclosure of such 
information is mandatory or voluntary; the principal purposes for which 
the information is intended to be used; the routine uses which may be 
made of the information; and the effects on the individual of not 
providing all or part of the requested information. The Department 
believes that the PBRN system of records should be exempted from this 
provision in order to avoid adverse effects on its ability to identify, 
detect and apprehend violators of customs and related criminal laws. In 
many cases information is obtained by confidential sources or other 
informers or by undercover law enforcement officers under circumstances 
where it is necessary that the true purpose of their actions be kept 
secret so as to not let it be known by the subject of the investigation 
or his associates that a criminal investigation is in progress. 
Further, if it became known that the undercover officer was assisting 
in a criminal investigation, that officer's life or physical safety 
could be endangered through reprisal, and, further, under such 
circumstances it may not be possible to continue to utilize that 
officer in the investigation. In many cases individuals for personal 
reasons would feel inhibited in talking to a person representing a 
criminal law enforcement agency but would be willing to talk to a 
confidential source or undercover officer who they believed was not 
involved in law enforcement activities. In addition, providing a source 
of information with written evidence that he was a source, as required 
by this provision, could increase the likelihood that the source of 
information would be the subject of retaliatory action by the subject 
of the investigation. Further application of this provision could 
result in an unwarranted invasion of the personal privacy of the 
subject of the criminal

[[Page 26937]]

investigation, particularly where further investigation would result in 
a finding that the subject was not involved in any criminal activity.
    (j) 5 U.S.C. 552a(e)(5) requires that an agency maintain all 
records used by the agency in making any determination about any 
individual with such accuracy, relevance, timeliness and completeness 
as is reasonably necessary to assure fairness to the individual in the 
determination. Since 5 U.S.C. 552a(a)(3) defines ``maintain'' to 
include ``collect'' and ``disseminate,'' application of this provision 
to the PBRN system of records would hinder the initial collection of 
any information which could not, at the moment of collection, be 
determined to be accurate, relevant, timely and complete. Similarly, 
application of this provision would seriously restrict the necessary 
flow of information from the Department to other law enforcement 
agencies where a Customs Service investigation revealed information 
pertaining to a violation of law which was under the investigative 
jurisdiction of another agency. In collecting information during the 
course of a criminal investigation, it is not possible or feasible to 
determine accuracy, relevance, timeliness or completeness prior to 
collection of the information; in disseminating information to other 
law enforcement agencies it is often not possible to determine 
accuracy, relevance, timeliness or completeness prior to dissemination 
because the disseminating agency may not have the expertise with which 
to make such determinations. Further, information which may initially 
appear to be inaccurate, irrelevant, untimely or incomplete may, when 
gathered, grouped, and evaluated with other available information, 
become more pertinent as an investigation progresses. In addition, 
application of this provision could seriously impede criminal 
investigators and intelligence analysts in the exercise of their 
judgment in reporting on results obtained during criminal 
investigations. The Department therefore believes that it is 
appropriate to exempt the PBRN system of records from the provisions of 
5 U.S.C. 552a(e)(5).
    (k) 5 U.S.C. 552a(e)(8) requires that an agency make reasonable 
efforts to serve notice on an individual when any record on the 
individual is made available to any person under compulsory legal 
process when such process becomes a matter of public record. The 
Department believes that the PBRN system of records should be exempt 
from this provision in order to avoid revealing investigative 
techniques and procedures outlined in those records and in order to 
prevent revelation of the existence of an on-going investigation where 
there is a need to keep the existence of the investigation secret.
    (l) 5 U.S.C. 552a(g) provides civil remedies to an individual for 
an agency refusal to amend a record or to make a review of a request 
for amendment, for an agency refusal to grant access to a record, for 
an agency failure to maintain accurate, relevant, timely and complete 
records which are used to make a determination which is adverse to the 
individual, and for an agency failure to comply with any other 
provision of 5 U.S.C. 552a in such a way as to have an adverse effect 
on an individual. The Department believes that the PBRN system of 
records should be exempted from this provision to the extent that the 
civil remedies provided therein may relate to provisions of 5 U.S.C. 
552a from which the PBRN system of records is proposed to be exempt. 
Since the provisions of 5 U.S.C. 552a enumerated in paragraphs (a) 
through (k) above are proposed to be inapplicable to the PBRN system of 
records for the reasons stated therein, there should be no 
corresponding civil remedies for failure to comply with the 
requirements of those provisions to which the exemption is proposed to 
apply. Further, the Department believes that application of this 
provision to the PBRN system of records would adversely affect its 
ability to conduct criminal investigations by exposing to civil court 
action every stage of the criminal investigative process in which 
information is compiled or used in order to identify, detect, apprehend 
and otherwise investigate persons suspected or known to be engaged in 
criminal conduct in violation of customs and related laws.
    b. Specific exemptions under 5 U.S.C. 552a(k)(2). Pursuant to the 
provisions of 5 U.S.C. 552a(k)(2), the Department of the Treasury 
hereby exempts the Pacific Basin Reporting Network--Treasury/Customs 
.171, maintained by the United States Customs Service, from the 
provisions of 5 U.S.C. 552a(c)(3), (d)(1), (2), (3) and (4), (e)(1) and 
(4)(G), (H) and (I) and (f).
    1. Exempt system. The Pacific Basin Reporting Network--Treasury/
Customs .171 (PBRN), contains information of the type described in 5 
U.S.C. 552a(k)(2), and shall be exempt from the provisions of 5 U.S.C. 
552a listed in paragraph b. above except as otherwise indicated below.
    2.  Reasons for exemptions. (a) 5 U.S.C. 552a(e)(4)(G) and (f)(1) 
enable individuals to be notified whether a system of records contains 
records pertaining to them. The Department believes that application of 
these provisions to the PBRN system of records would impair the ability 
of the Department to successfully complete investigations and inquiries 
of suspected violators of civil and criminal laws and regulations under 
its jurisdiction. In many cases investigations and inquiries into 
violations of civil and criminal laws and regulations involve complex 
and continuing patterns of behavior. Individuals, if informed that they 
have been identified as suspected violators of civil or criminal laws 
and regulations, would have an opportunity to take measures to prevent 
detection of illegal action so as to avoid prosecution or the 
imposition of civil sanctions. They would also be able to learn the 
nature and location of the investigation or inquiry and the type of 
surveillance being utilized, and they would be able to transmit this 
knowledge to co-conspirators. Finally, violators might be given the 
opportunity to destroy evidence needed to prove the violation under 
investigation or inquiry.
    (b) 5 U.S.C. 552a(d)(1), (e)(4)(H) and (f)(2), (3) and (5) enable 
individuals to gain access to records pertaining to them. The 
Department believes that application of these provisions to the PBRN 
system of records would impair its ability to complete or continue 
civil or criminal investigations and inquiries and to detect and 
apprehend violators of customs and related laws. Permitting access to 
records contained in the PBRN system of records would provide violators 
with significant information concerning the nature of the civil or 
criminal investigation or inquiry. Knowledge of the facts developed 
during an investigation or inquiry would enable violators of criminal 
and civil laws and regulations to learn the extent to which the 
investigation or inquiry has progressed, and this could provide them 
with an opportunity to destroy evidence that would form the basis for 
prosecution or the imposition of civil sanctions. In addition, 
knowledge gained through access to investigatory material could alert a 
violator to the need to temporarily postpone commission of the 
violation or to change the intended point where the violation is to be 
committed so as to avoid detection or apprehension. Further, access to 
investigatory material would disclose investigative techniques and 
procedures which, if known, could enable violators to structure their 
future operations in such a way as to avoid detection or apprehension, 
thereby

[[Page 26938]]

neutralizing investigators' established and effective investigative 
tools and procedures. In addition, investigatory material may contain 
the identity of a confidential source of information or other informer 
who would not want his identity to be disclosed for reasons of personal 
privacy or for fear of reprisal at the hands of the individual about 
whom he supplied information. In some cases mere disclosure of the 
information provided by an informer would reveal the identity of the 
informer either through the process of elimination or by virtue of the 
nature of the information supplied. If informers cannot be assured that 
their identities (as sources for information) will remain confidential, 
they would be very reluctant in the future to provide information 
pertaining to violations of criminal and civil laws and regulations, 
and this would seriously compromise the ability of the Department to 
carry out its mission. Further, application of 5 U.S.C. 552a(d)(1),
    (e)(4)(H) and (f)(2), (3) and (5) to the PBRN system of records 
would make available attorney work products and other documents which 
contain evaluations, recommendations, and discussions of ongoing civil 
and criminal legal proceedings; the availability of such documents 
could have a chilling effect on the free flow of information and ideas 
within the Department which is vital to the agency's predecisional 
deliberative process, could seriously prejudice the agency's or the 
Government's position in a civil or criminal litigation, and could 
result in the disclosure of investigatory material which should not be 
disclosed for the reasons stated above. It is the belief of the 
Department that, in both civil actions and criminal prosecutions, due 
process will assure that individuals have a reasonable opportunity to 
learn of the existence of, and to challenge, investigatory records and 
related materials which are to be used in legal proceedings.
    (c) 5 U.S.C. 552a(d)(2)(3) and (4), (e)(4)(H) and (f)(4), which are 
dependent upon access having been granted to records pursuant to the 
provisions cited in subparagraph (b) above, enable individuals to 
contest (seek amendment to) the content of records contained in a 
system of records and require an agency to note an amended record and 
to provide a copy of an individual's statement (of disagreement with 
the agency's refusal to amend a record) to persons or other agencies to 
whom the record has been disclosed. The Department believes that the 
reasons set forth in subparagraph (b) above are equally applicable to 
this subparagraph, and, accordingly, those reasons are incorporated 
herein by reference.
    (d) 5 U.S.C. 552a(c)(3) requires that an agency make accountings of 
disclosures of records available to individuals named in the records at 
their request; such accountings must state the date, nature and purpose 
of each disclosure of a record and the name and address of the 
recipient. The Department believes that application of this provision 
to the PBRN system of records would impair the ability of the Customs 
Service and other law enforcement agencies to conduct investigations 
and inquiries into civil and criminal violations under their respective 
jurisdictions. Making accountings available to violators would alert 
those individuals to the fact that the Department or another law 
enforcement authority is conducting an investigation or inquiry into 
their activities, and such accountings could reveal the geographic 
location of the investigation or inquiry, the nature and purpose of the 
investigation or inquiry and the nature of the information disclosed, 
and the dates on which that investigation or inquiry was active. 
Violators possessing such knowledge would thereby be able to take 
appropriate measures to avoid detection or apprehension by altering 
their operations, transferring their activities to other locations or 
destroying or concealing evidence which would form the basis for 
prosecution or the imposition of civil sanctions.
    (e) 5 U.S.C. 552a(e)(1) requires that an agency maintain in its 
records only such information about an individual as is relevant and 
necessary to accomplish a purpose of the agency required to be 
accomplished by statute or executive order. The term ``maintain'' as 
defined in 5 U.S.C. 552a(a)(3) includes ``collect'' and 
``disseminate.'' At the time that information is collected by the 
Department there is often insufficient time to determine whether the 
information is relevant and necessary to accomplish a purpose of the 
Department; in many cases information collected may not be immediately 
susceptible to a determination of whether the information is relevant 
and necessary, particularly in the early stages of investigation or 
inquiry, and in many cases information which initially appears to be 
irrelevant and unnecessary may, upon further evaluation or upon 
continuation of the investigation or inquiry, prove to have particular 
relevance to an enforcement program of the Department. Further, not all 
violations of law uncovered during a Customs Service investigation or 
inquiry fall within the civil or criminal jurisdiction of the Customs 
Service; in order to promote effective law enforcement it often becomes 
necessary and desirable to disseminate information pertaining to such 
violations to other law enforcement agencies which have jurisdiction 
over the offense to which the information relates. The Department 
should not be placed in a position of having to ignore information 
relating to violations of law not within its jurisdiction where that 
information comes to the attention of the Department through the 
conduct of a lawful Customs Service civil or criminal investigation or 
inquiry. The Department therefore believes that it is appropriate to 
exempt the PBRN system of records from the provisions of 5 U.S.C. 
552a(e)(1).
     This is being published as a final rule because the amendment to 
31 CFR 1.36 has been published by the Department as a proposed and 
final determination, as noted above, and no comments were received. In 
addition it does not impose any new requirements on any member of the 
public. The amendment in question is the most efficient means for the 
Treasury Department to implement its internal requirements for 
complying with the Privacy Act. For the above reasons, the Department 
of the Treasury finds that the expenditure of additional time and money 
on nonsubstantial administrative changes to these regulations would be 
unproductive.
     Accordingly, pursuant to the administrative procedure provisions 
in 5 U.S.C. 553, the Department of the Treasury finds good cause that 
prior notice and other public procedure with respect to this rule are 
impracticable and unnecessary and finds good cause for making this rule 
effective less than 30 days after publication of this document in the 
Federal Register.
     It has been determined that this rule does not constitute a 
``significant regulatory action'' Departmental experience indicates 
that the rule does not have an annual effect on the economy of $100 
million or more; does not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency; does not 
materially alter the budgetary impact of entitlements, grants, user 
fees, or loan programs or rights and obligations of recipients thereof; 
and does not raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the regulatory principles set 
forth in Executive Order 12866.
     Pursuant to the requirements of the Regulatory Flexibility Act, 5 
U.S.C. 601-612, it is hereby certified that these regulations will not 
have significant economic impact on a substantial number of small 
entities because it

[[Page 26939]]

concerns the implementation and administration of the Privacy Act 
within the Department of the Treasury.
     In accordance with the provisions of the Paperwork Reduction Act 
of 1995, the Department of the Treasury has determined that this final 
rule will not impose new recordkeeping, application, reporting or other 
types of information collection requirements.

 Lists of Subjects in 31 CFR Part 1

    Privacy.

    Part 1 of title 31 of the Code of Federal Regulations is 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.


Sec. 1.36--[Amended]

     2. Section 1.36 of subpart C is amended by adding the following 
text to the listing in paragraph a. 1. and b. 1. under the heading THE 
UNITED STATES CUSTOMS SERVICE:
  *        *        *        *        *
    a. *  *  *
    1. *  *  *
    00.171--Pacific Basin Reporting Network
  *        *        *        *        *
    b. *  *  *
    1. *  *  *
    00.171--Pacific Basin Reporting Network
  *        *        *        *        *

    Dated: May 5, 1997.
Alex Rodriguez,
Deputy Assistant Secretary (Administration).
[FR Doc. 97-12611 Filed 5-15-97; 8:45am]
BILLING CODE: 4810-25-F