[Federal Register Volume 69, Number 64 (Friday, April 2, 2004)]
[Rules and Regulations]
[Pages 17298-17299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7413]


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DEPARTMENT OF THE TREASURY

31 CFR Part 1


Treasury Inspector General for Tax Administration; 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, the Department of the Treasury exempts the following 
six systems of records from provisions of the Privacy Act: DO .303-
TIGTA General Correspondence; DO.306-TIGTA Recruiting and Placement; DO 
.307-TIGTA Employee Relations Matters, Appeals, Grievances, and 
Complaint Files; DO .308-TIGTA Data Extracts; DO .309-TIGTA Chief 
Counsel Case Files; and, DO .310-TIGTA Chief Counsel Disclosure Section 
Records.

EFFECTIVE DATE: April 2, 2004.

FOR FURTHER INFORMATION CONTACT: Lori Creswell, Assistant Chief 
Counsel, Treasury Inspector General for Tax Administration, 1125 15th 
Street, Room 700A, Washington, DC 20005, 202-622-4068.

SUPPLEMENTARY INFORMATION: The Department of Treasury published a 
notice of a proposed rule on September 22, 2003, at 68 FR 55016-55020 
exempting six systems of records from certain provisions of the Privacy 
Act of 1974, as amended. The Department of Treasury published the 
systems notices in their entirety at 68 FR 55086-55098 (September 22, 
2003).
    Under 5 U.S.C. 552a(j)(2), the head of an agency may promulgate 
rules to exempt any system of records within the agency from certain 
provisions of the Privacy Act of 1974, as amended, if the system 
contains investigatory material and is maintained by an agency which 
performs as its principal function activities pertaining to the 
enforcement of criminal laws. The following systems contain 
investigatory material compiled by TIGTA, an agency that performs 
activities pertaining to the enforcement of criminal laws:

DO .303-TIGTA General Correspondence;
DO .307-TIGTA Employee Relations Matters, Appeals, Grievances, and 
Complaint Files;
DO .308-TIGTA Data Extracts;
DO .309-TIGTA Chief Counsel Case Files; and,
DO .310-TIGTA Chief Counsel Disclosure Section Records.

    The provisions of the Privacy Act from which these systems of 
records are exempt pursuant to 5 U.S.C. 552a(j)(2) are as follows: 5 
U.S.C. 552a(c)(3), (c)(4), (d), (d)(4), (e)(1), (e)(2), (e)(3), 
(e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (f), and (g).
    Under 5 U.S.C. 552a(k)(2), the head of an agency may promulgate 
rules to exempt any system of records within the agency from certain 
provisions of the Privacy Act of 1974, as amended, if the system is 
investigatory material compiled for law enforcement purposes. The 
following systems contain investigatory material compiled for law 
enforcement purposes:

DO .303-TIGTA General Correspondence;
DO .307-TIGTA Employee Relations Matters, Appeals, Grievances, and 
Complaint Files;
DO .308-TIGTA Data Extracts;
DO .309-TIGTA Chief Counsel Case Files; and,
DO .310-TIGTA Chief Counsel Disclosure Section Records.

    The provisions of the Privacy Act from which these systems of 
records are exempt pursuant to 5 U.S.C. 552a(k)(2) are as follows: 5 
U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H) and (e)(4)(I), and 
(f).
    Under 5 U.S.C. 552a(k)(5), the head of an agency may promulgate 
rules to exempt any system of records within the agency from certain 
provisions of the Privacy Act of 1974, as amended, if the system is 
investigatory material compiled for the purpose of determining 
suitability, eligibility, or qualifications for Federal civilian 
employment, Federal contracts, or access to classified information. DO. 
306 TIGTA-Recruiting and Placement Records contains investigatory 
material compiled for use in determining suitability, eligibility or 
qualifications for Federal employment, Federal contracts, or access to 
classified information. The provisions of the Privacy Act from which 
this system of records is exempt pursuant to 5 U.S.C. 552a(k)(5) are as 
follows: 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), 
(e)(4)(I), and (f).

[[Page 17299]]

    Under 5 U.S.C. 552a(k)(6), the head of an agency may promulgate 
rules to exempt a system of records from certain provisions of 5 U.S.C. 
552a if the system is material used solely to determine individual 
qualifications for appointment or promotion in the Federal service. DO. 
306 TIGTA-Recruiting and Placement Records contains material used to 
determine an individual's qualification for appointment or promotion in 
the Federal service. The provisions of the Privacy Act from which this 
system of records is exempt pursuant to 5 U.S.C. 552a(k)(6) are as 
follows: 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), 
(e)(4)(I), and (f).
    The proposed rule requested that public comments be sent to the 
Office of Chief Counsel, Treasury Inspector General for Tax 
Administration, 1125 15th Street, NW., Suite 700A, Washington, DC 
20005, no later than October 22, 2003.
    TIGTA did not receive comments on the proposed rule. Accordingly, 
the Department of the Treasury is hereby giving notice that the 
following systems of records are exempt from certain provisions of the 
Privacy Act: DO .303-TIGTA General Correspondence; DO.306-TIGTA 
Recruiting and Placement; DO .307-TIGTA Employee Relations Matters, 
Appeals, Grievances, and Complaint Files; DO .308-TIGTA Data Extracts; 
DO .309-TIGTA Chief Counsel Case Files; and, DO .310-TIGTA Chief 
Counsel Disclosure Section Records.
    As required by Executive Order 12866, it has been determined that 
this proposed rule is not a significant regulatory action, and 
therefore, does not require a regulatory impact analysis.
    The regulation will not have a substantial direct effect on the 
States, on the relationship between the Federal Government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, it is determined that this 
final rule does not have federalism implications under Executive Order 
13132.
    Pursuant to the requirements of the Regulatory Flexibility Act, 5 
U.S.C. 601-612, it is hereby certified that these regulations will not 
significantly affect a substantial number of small entities. The final 
rule imposes no duties or obligations on small entities.
    In accordance with the provisions of the Paperwork Reduction Act of 
1995, the Department of the Treasury has determined that this final 
rule would not impose new record keeping, application, reporting, or 
other types of information collection requirements.

List of Subjects in 31 CFR Part 1

    Privacy.


0
Part 1 Subpart C of Title 31 of the Code of Federal Regulations is 
amended as follows:

PART 1--[AMENDED]

0
1. The authority citation for part 1 continues to read as follows:

    Authority: 5 U.S.C. 301, 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.


0
2. Section 1.36 is amended as follows:
0
a. Paragraph (c)(1)(i) is amended by adding ``DO .303-TIGTA General 
Correspondence; DO .307-TIGTA Employee Relations Matters, Appeals, 
Grievances, and Complaint Files; DO .308-TIGTA Data Extracts; DO .309-
TIGTA Chief Counsel Case Files; DO .310-TIGTA Chief Counsel Disclosure 
Section Records'' to the table in numerical order.
0
b. Paragraph (g)(1)(i) is amended by adding ``DO .303-TIGTA General 
Correspondence; DO .307-TIGTA Employee Relations Matters, Appeals, 
Grievances, and Complaint Files; DO .308-TIGTA Data Extracts; DO .309-
TIGTA Chief Counsel Case Files; DO .310-TIGTA Chief Counsel Disclosure 
Section Records'' to the table in numerical order.
0
c. Paragraph (m)(1)(i) is amended by adding ``DO .306-TIGTA Recruiting 
and Placement'' to the table in numerical order.
0
d. Paragraph (o)(1) is amended by adding ``DO .306-TIGTA Recruiting and 
Placement'' 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. 522a and this part.

* * * * *
    (c) * * *
    (1) * * *
    (i) * * *

------------------------------------------------------------------------
                Number                             System name
------------------------------------------------------------------------
DO .303...............................  TIGTA General Correspondence.
DO .307...............................  TIGTA Employee Relations
                                         Matters, Appeals, Grievances,
                                         and Complaint Files.
DO .308...............................  TIGTA Data Extracts.
DO .309...............................  TIGTA Chief Counsel Case Files.
DO .310...............................  TIGTA Chief Counsel Disclosure
                                         Section Records.
------------------------------------------------------------------------

* * * * *
    (g) * * *
    (1) * * *
    (i) * * *

------------------------------------------------------------------------
                Number                             System name
------------------------------------------------------------------------
 
                                * * * * *
DO .303...............................  TIGTA General Correspondence.
DO .307...............................  TIGTA Employee Relations
                                         Matters, Appeals, Grievances,
                                         and Complaint Files.
DO .308...............................  TIGTA Data Extracts.
DO .309...............................  TIGTA Chief Counsel Case Files.
DO .310...............................  TIGTA Chief Counsel Disclosure
                                         Section Records.
------------------------------------------------------------------------

* * * * *
    (m) * * *
    (1) * * *
    (i) * * *

------------------------------------------------------------------------
                Number                             System name
------------------------------------------------------------------------
 
                                * * * * *
DO .306...............................  TIGTA Recruiting and Placement.
------------------------------------------------------------------------

* * * * *
    (O) * * *
    (1) * * *

------------------------------------------------------------------------
                Number                             System name
------------------------------------------------------------------------
DO .306...............................  TIGTA Recruiting and Placement.
------------------------------------------------------------------------

* * * * *

    Dated: March 25, 2004.
Mary Beth Shaw,
Acting Deputy Assistant Secretary for Headquarters Operations.
[FR Doc. 04-7413 Filed 4-1-04; 8:45 am]
BILLING CODE 4810-04-P