[Federal Register Volume 67, Number 93 (Tuesday, May 14, 2002)]
[Rules and Regulations]
[Pages 34402-34404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11886]


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DEPARTMENT OF THE TREASURY

31 CFR Part 1

[Docket No. 02-06]
RIN 1557-AB83


Office of the Comptroller of the Currency; Privacy Act of 1974; 
Implementation

AGENCY: Office of the Comptroller of the Currency, Treasury.

ACTION: Final rule; technical amendment.

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SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, as amended, the Office of the Comptroller of the Currency (OCC) 
and the Department of the Treasury (Department) issue a final rule to 
exempt five OCC systems of records from certain provisions of the 
Privacy Act. The OCC and the Department also issue a technical 
amendment made necessary by the renumbering and renaming of one revised 
system of records that previously had been exempted from certain 
provisions of the Privacy Act.

EFFECTIVE DATE: May 14, 2002.

FOR FURTHER INFORMATION CONTACT: Harold J. Hansen, Assistant Director, 
or Ellen S. Warwick, Special Counsel, Administrative & Internal Law 
Division, (202) 874-4460.

SUPPLEMENTARY INFORMATION: On October 26, 2001, the OCC, with the 
concurrence of the Department, published a notice of proposed 
rulemaking to exempt five systems of records from certain provisions of 
the Privacy Act of 1974, as amended (66 FR 54175-54178, October 26, 
2001). This notice of proposed rulemaking was published in the same 
Federal Register in which the OCC published notices of five new Privacy 
Act systems of records (66 FR 54327-54333) and proposed alterations to 
six Privacy Act systems of records (66 FR 54333-54340). The notice of 
proposed rulemaking reflected

[[Page 34403]]

that three of the new systems of records would be exempted from 
provisions of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2), 
552a(k)(2), or both. These systems were: (1) Treasury/Comptroller .100-
Enforcement Action Report System; (2) Treasury/Comptroller .120-Bank 
Fraud Information System; and (3) Treasury Comptroller .220-Section 914 
Tracking System. This notice also reflected that two of the five 
altered systems of records would also be exempted from provisions of 
the Privacy Act pursuant to 5 U.S.C. 552a(j)(2), 552a(k)(2), or both. 
These systems were: (1) Treasury/Comptroller .016-Litigation 
Information System, to be renumbered Treasury/Comptroller .510; and (2) 
Treasury/Comptroller .004-Consumer Complaint Inquiry and Information 
System, to be renumbered Treasury/Comptroller .600.
    The proposed rule requested that public comments be sent to the 
Office of the Comptroller of the Currency, Public Information Room, 250 
E Street, SW., Washington, DC 20219, no later than November 26, 2001.
    The OCC did not receive comments on the proposed rule. Accordingly, 
the OCC and the Department are hereby giving notice that the following 
systems of records are exempt from certain provisions of the Privacy 
Act pursuant to 5 U.S.C. 552a(j)(2): (1) Treasury/Comptroller .120-Bank 
Fraud Information System; and (2) Treasury/Comptroller .510-Litigation 
Information System. The provisions of the Privacy Act from which 
exemption is claimed for these systems pursuant to 5 U.S.C. 552a(j)(2) 
are: 5 U.S.C. 552a(c)(3) and (4); 5 U.S.C. 552a(d)(1), (2), (3), and 
(4); 5 U.S.C. 552a(e)(1), (2), and (3); 5 U.S.C. 552a(e)(4)(G), (H), 
and (I); 5 U.S.C. 552a(f); and 5 U.S.C. 552a(g).
    Additionally, the following systems of records are exempt from 
certain provisions of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2): 
(1) Treasury/Comptroller .100-Enforcement Action Report System; (2) 
Treasury/Comptroller .120-Bank Fraud Information System; (3) Treasury/
Comptroller .220-Section 914 Tracking System; (4) Treasury/Comptroller 
.510-Litigation Information System; and (5) Treasury/Comptroller .600-
Consumer Complaint Inquiry and Information System. The provisions of 
the Privacy Act from which exemption is claimed for these five systems 
pursuant to 5 U.S.C. 552a(k)(2) are: 5 U.S.C. 552a(c)(3); 5 U.S.C. 
552a(d)(1), (2), (3), and (4); 5 U.S.C. 552a(e)(4)(G), (H), and (I); 
and 5 U.S.C. 552a(f).
    Finally, a technical amendment to the Department's regulation is 
issued. This amendment relates to a former system of records, i.e., 
Treasury/Comptroller .013-Enforcement and Compliance Information 
System, for which notice of proposed revisions, including the 
renumbering and renaming of the system, was provided on October 26, 
2001 (66 FR 54333-54340). The technical amendment removes the former 
number and name of this revised system from the Department's regulation 
and replaces it with the system's revised number and name, Treasury/
Comptroller .110-Reports of Suspicious Activities.
    This rule takes effect immediately upon publication in the Federal 
Register. The rule imposes no new requirements on national banks or any 
member of the public \1\ but rather is one means by which the OCC and 
the Department comply with the Privacy Act. The OCC and the Department 
find that an immediate effective date will not result in any burden or 
inconvenience to national banks or members of the public, who have 
already had adequate notice of the changes contained in the rule.
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    \1\ For this reason, the delayed effective date provision of the 
Riegle Community Development and Regulatory Improvement Act of 1994, 
12 U.S.C. 4802, does not apply.
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    Accordingly, the OCC and the Department find good cause to conclude 
that delaying the effective date of this rule is unnecessary. See 5 
U.S.C. 553 (Administrative Procedure Act delayed effective date 
provision).

Regulatory Flexibility Act

    Pursuant to section 605(b) of the Regulatory Flexibility Act, 5 
U.S.C. 605(b) (RFA), the regulatory flexibility analysis otherwise 
required under section 604 of the RFA is not required if the OCC and 
the Department certify that the rule will not have a significant 
economic impact on a substantial number of small entities and publish 
their certification and a short, explanatory statement in the Federal 
Register along with the rule.
    Pursuant to section 605(b) of the RFA, the OCC and the Department 
hereby certify that this final rule will not have a significant 
economic impact on a substantial number of small entities. The final 
rule affects only internal agency administration and imposes no duties, 
obligations, or costs on entities of any size. Accordingly, a 
regulatory flexibility analysis is not needed.

Unfunded Mandates Reform Act of 1995

    Section 202 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 
1532 (Unfunded Mandates Act), requires that the agency prepare a 
budgetary impact statement before promulgating any rule likely to 
result in a Federal mandate that may result in the expenditure by 
State, local, and tribal governments, in the aggregate, or by the 
private sector, of $100 million or more in any one year. If a budgetary 
impact statement is required, section 205 of the Unfunded Mandates Act 
also requires the agency to identify and consider a reasonable number 
of regulatory alternatives before promulgating the rule. The OCC and 
the Department have determined that this final rule will not result in 
expenditures by State, local, and tribal governments, or by the private 
sector, of $100 million or more in any one year. Accordingly, the OCC 
and the Department have not prepared a budgetary impact statement or 
specifically addressed the regulatory alternatives considered. As noted 
above, the final rule adds no new requirements.

Executive Order 12866

    The OCC and the Department have determined that this final rule is 
not a significant regulatory action under Executive Order 12866.

List of Subjects

    Privacy.


    Part 1, subpart C 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.


    2. Section 1.36 of Subpart C is amended as follows:
    (a) Paragraph (c)(1)(iii) is amended by removing ``CC .013 
Enforcement and Compliance Information System'' from the table.
    (b) Paragraph (c)(1)(iii) is amended by adding ``CC .110 Reports of 
Suspicious Activities,'' ``CC .120 Bank Fraud Information System,'' and 
``CC .510 Litigation Information System'' to the table in numerical 
order.
    (c) Paragraph (g)(1)(iii) is amended by removing ``CC .013 
Enforcement and Compliance Information System'' from the table.
    (d) Paragraph (g)(1)(iii) is amended by adding ``CC .100 
Enforcement Action Report System,'' ``CC .110 Reports of Suspicious 
Activities,'' ``CC .120 Bank Fraud Information System,'' ``CC .220 
Section 914 Tracking System,'' ``CC .510 Litigation Information 
System,'' and ``CC .600 Consumer Complaint Inquiry

[[Page 34404]]

and Information System'' to the table in numerical order.
    The additions to Sec. 1.36 read as follows:


Sec. 1.36  Systems exempt in whole or in part from provisions of 5 
U.S.C. 552a and this part.

* * * * *
    (c) * * *
    (1) * * *
    (iii) * * *

------------------------------------------------------------------------
                  Number                             System name
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CC .110...................................  Reports of Suspicious
                                             Activities.
CC. 120...................................  Bank Fraud Information
                                             System.
CC .510...................................  Litigation Information
                                             System.
 
              *        *        *        *        *
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    (g) * * *
    (1) * * *
    (iii) * * *

------------------------------------------------------------------------
                  Number                             System name
------------------------------------------------------------------------
 
              *        *        *        *        *
CC. 100...................................  Enforcement Action Report
                                             System.
CC. 110...................................  Reports of Suspicious
                                             Activities.
CC .120...................................  Bank Fraud Information
                                             System.
CC .220...................................  Section 914 Tracking System.
CC .510...................................  Litigation Information
                                             System.
CC .600...................................  Consumer Complaint and
                                             Inquiry Information System.
 
              *        *        *        *        *
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    Dated: April 22, 2002.
W. Earl Wright, Jr.,
Chief Management and Administrative Programs Officer.
[FR Doc. 02-11886 Filed 5-13-02; 8:45 am]
BILLING CODE 4810-33-P