[Federal Register Volume 73, Number 62 (Monday, March 31, 2008)]
[Proposed Rules]
[Pages 16806-16807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-6551]


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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

29 CFR Part 1611


Privacy Act Regulations

AGENCY: Equal Employment Opportunity Commission.

ACTION: Proposed rule.

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SUMMARY: The Equal Employment Opportunity Commission is proposing to 
revise its regulations at 29 CFR Part 1611, which implement the Privacy 
Act of 1974, to exempt one of its systems of records from one of the 
Act's requirements.

DATES: Written comments on the proposed rule must be received on or 
before May 30, 2008. The Commission proposes to consider any comments 
received and thereafter adopt final regulations.

ADDRESSES: Written comments should be submitted to Stephen Llewellyn, 
Executive Officer, Equal Employment Opportunity Commission, 1801 L 
Street, NW., Washington, DC 20507. As a convenience to commentators, 
the Executive Secretariat will accept comments transmitted by facsimile 
(``FAX'') machine. The telephone number of the FAX receiver is (202) 
663-4114. (This is not a toll-free number.) Only comments of six or 
fewer pages will be accepted via FAX transmittal. This limitation is 
necessary to assure access to the equipment. Receipt of FAX 
transmittals will not be acknowledged, except that the sender may 
request confirmation of receipt by calling the Executive Secretariat 
staff at (202) 663-4070 (voice) or (202) 663-4074 (TTD). (These are not 
toll-free telephone numbers.) You may also submit comments and 
attachments electronically at http://www.regulations.gov, which is the 
Federal eRulemaking Portal. Follow the instructions online for 
submitting comments. Copies of comments submitted by the public will be 
available to review at the Commission's library, Room 6502, 1801 L 
Street, NW., Washington, DC 20507 between the hours of 9:30 a.m. and 5 
p.m. or can be reviewed at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Thomas J. Schlageter, Assistant Legal 
Counsel, or Kathleen Oram, Senior Attorney, at (202) 663-4640 (voice) 
or (202) 663-7026 (TTY). Copies of this final rule are also available 
in the following alternate formats: large print, braille, audiotape and 
electronic file on computer disk. Requests for this notice in an 
alternative format should be made to EEOC's Publication Center at 1-
800-669-3362 (voice) or 1-800-800-3302 (TTY).

SUPPLEMENTARY INFORMATION: The Equal Employment Opportunity Commission 
proposes to add a new section 1611.15 to its Privacy Act regulations to 
exempt records contained in EEOC-22, EEOC Personnel Security Files, 
from the accounting and disclosure provisions of the Privacy Act in 
accordance with section k(5) of the Act, but only to the extent that an 
accounting of disclosures or a disclosure itself identifies witnesses 
promised confidentiality as a condition of providing information during 
the course of a background investigation. The Commission also proposes 
to amend sections 1611.5(a)(5) and 1611.5(b) to conform them to the 
addition of the new exemption.

Regulatory Procedures

Executive Order 12866

    Pursuant to Executive Order 12866, EEOC has determined that the 
regulation will not have an annual effect on the economy of $100 
million or more or adversely affect in a material way the economy, a 
sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or tribal 
governments or communities. Therefore, a detailed cost-benefit 
assessment of the regulation is not required.

Paperwork Reduction Act

    This rule contains no new information collection requirements 
subject to review by the Office of Management and Budget under the 
Paperwork Reduction Act (44 U.S.C. Chapter 35).

Regulatory Flexibility Act

    The Commission, in accordance with the Regulatory Flexibility Act 
(5 U.S.C. 606(b)), has reviewed this regulation and by approving it 
certifies that this regulation will not have a significant economic 
impact on a substantial number of small entities.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, or 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

Congressional Review Act

    This action concerns agency organization, procedure or practice 
that does not substantially affect the rights or obligations of non-
agency parties and, accordingly, is not a ``rule'' as that term is used 
by the Congressional Review Act (Subtitle E of the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA)). Therefore, the 
reporting requirement of 5 U.S.C. 801 does not apply.

List of Subjects in 29 CFR Part 1611

    Privacy Act.

    Dated: March 25, 2008.

    For the Commission,
Naomi C. Earp,
Chair.
    Accordingly, it is proposed to amend chapter XIV of title 29 of the 
Code of Federal Regulations as follows:

PART 1611--PRIVACY ACT REGULATIONS

    1. The authority citation for part 1611 continues to read as 
follows:

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

    2. In Sec.  1611.5, revise paragraphs (a)(5) and (b) to read as 
follows:


Sec.  1611.5  Disclosure of requested information to individuals.

    (a) * * *
    (5) The Commission shall not deny any request under Sec.  1611.3 
concerning the existence of records about the requester in any system 
of records it maintains, or any request for access to such records, 
unless that system is exempted from the requirements of 5 U.S.C. 552a 
in Sec. Sec.  1611.13, 1611.14, or 1611.15.
* * * * *
    (b) Upon request, the appropriate Commission official shall make 
available an accounting of disclosures pursuant to 5 U.S.C. 552a(c)(3), 
unless that system is exempted from the

[[Page 16807]]

requirements of 5 U.S.C. 552a in Sec. Sec.  1611.13, 1611.14, or 
1611.15.
* * * * *
    3. Section 1611.15 is added to read as follows:


Sec.  1611.15  Exemption--EEOC Personnel Security Files.

    EEOC's system of records entitled EEOC Personnel Security Files 
contains records that document and support decisions regarding 
suitability, eligibility and fitness for service of applicants for EEOC 
employment and contract positions. The records include background 
investigation records. Pursuant to section (k)(5) of the Privacy Act, 5 
U.S.C. 552a(k)(5), this system of records is exempt from the provisions 
of sections (c)(3) and (d)(1) of the Privacy Act, 5 U.S.C. 552a(c)(3) 
and (d)(1), but only to the extent that the accounting of disclosures 
or the disclosure of such material would reveal the identity of a 
source who furnished information to the government under an express 
promise that the identity of the source would be held in confidence.

 [FR Doc. E8-6551 Filed 3-28-08; 8:45 am]
BILLING CODE 6570-01-P