[Federal Register Volume 66, Number 74 (Tuesday, April 17, 2001)]
[Rules and Regulations]
[Pages 19717-19718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9432]


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FEDERAL RESERVE SYSTEM

12 CFR Part 261a

[Docket No. R-1102]


Rules Regarding Access to Personal Information Under the Privacy 
Act

AGENCY: Board of Governors of the Federal Reserve System.

ACTION: Final rule.

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SUMMARY: In accordance with the Privacy Act, the Board of Governors of 
the Federal Reserve System (Board) is amending its Rules Regarding 
Access to Personal Information under the Privacy Act. Notice of this 
new system of records, entitled Protective Information System (BGFRS-
31) is published in an adjacent notice. This rule also makes a 
technical correction to an earlier document.

EFFECTIVE DATE: May 21, 2001.

FOR FURTHER INFORMATION CONTACT: Elaine M. Boutilier, Managing Senior 
Counsel, Legal Division (202/452-2418), Board of Governors of the 
Federal Reserve System, 20th and Constitution, NW., Washington, DC 
20551.

SUPPLEMENTARY INFORMATION: The Board's Protective Services Unit (PSU) 
was established to provide security for the Chairman and other members 
of the Board of Governors. To facilitate security procedures, the PSU 
intends to implement a software program that was developed for law 
enforcement entities to monitor activities of individuals under 
investigation. The PSU plans to use this system to monitor the 
correspondence and/or activities of individuals that are perceived to 
present a possible threat to the safety of Board members. Inclusion of 
individuals in this system will result primarily from correspondence 
received from such individuals that is perceived to be threatening to 
members of the Board. Information may also be received from law 
enforcement agencies that have information regarding a potential threat 
to members of the Board. The software that is being acquired for this 
system will allow the PSU to sort files by a variety of subjects, 
including such things as names, aliases, addresses, zip codes, etc. 
This will permit the PSU to obtain a better understanding of the 
threat, if any, that is presented by an individual or group of 
individuals. Because this information consists of investigatory 
material that is compiled for the law enforcement purpose of protecting 
members of the federal government, it is exempt from certain provisions 
of the Privacy Act, including

[[Page 19718]]

the access provisions, pursuant to section (k)(2), 5 U.S.C. 552a(k)(2).
    The Board's Rules Regarding Access to Personal Information under 
the Privacy Act must be amended to include this system of records in 
the list of ``exempt'' systems of records. In addition, the Board is 
taking this opportunity to make a technical correction by moving the 
citation to the Multi-Rater Feedback Records from the list of systems 
in Sec. 261a.13(b) that are exempted pursuant to (k)(2), to the list of 
systems in Sec. 261a.13(c) that are exempted pursuant to (k)(5). The 
Multi-Rater Feedback Records had been incorrectly placed in the (k)(2) 
list by the Board's notice on May 30, 2000 (65 FR 34471).

Regulatory Flexibility Act

    In accordance with 5 U.S.C. 605, the Board certifies that this rule 
will not have a significant economic impact on a substantial number of 
small entities.

Administrative Procedure Act

    This rule is exempt from the rule making provisions of the 
Administrative Procedure Act, 5 U.S.C. 553, and the Congressional 
Review Act, pursuant to 5 U.S.C. 804(3)(B) and (C), because it is a 
rule relating to agency management or personnel and a rule of agency 
procedure that does not substantially affect the rights or obligations 
of non-agency parties.

List of Subjects in 12 CFR part 261a

    Federal Reserve System, Privacy.

    For the reasons set forth in the preamble, the Board amends 12 CFR 
part 261a as follows:

PART 261a--RULES REGARDING ACCESS TO PERSONAL INFORMATION UNDER THE 
PRIVACY ACT OF 1974

    1. The authority citation for part 261a continues to read as 
follows:

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

    2. In Sec. 261a.13, revise paragraph (b)(9) and add paragraph 
(e)(11) to read as follows:


Sec. 261a.13  Exemptions.

    (a) * * *
    (9) BGFRS-31 Protective Information System.
* * * * *
    (c) * * *
    (11) BGFRS-25 Multi-rater Feedback Records.
* * * * *

    By order of the Board of Governors of the Federal Reserve 
System, April 11, 2001.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. 01-9432 Filed 4-16-01; 8:45 am]
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