[Federal Register Volume 73, Number 201 (Thursday, October 16, 2008)]
[Rules and Regulations]
[Pages 61354-61355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24608]


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DEPARTMENT OF EDUCATION

34 CFR Part 5b

RIN 1880-AA85
[Docket ID ED, ED-2008-OM-0004]


Privacy Act Regulations

AGENCY: Office of Management, Department of Education.

ACTION: Final regulations.

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SUMMARY: The Secretary amends the regulations implementing the Privacy 
Act of 1974, as amended (Privacy Act). These changes are intended to 
exempt from certain Privacy Act requirements investigative material in 
a new system of records maintained by the Department that will be known 
as the Office of Inspector General Data Analytics System (ODAS) (18-10-
02). Specifically, the exemption applies to materials compiled by the 
Department's Office of Inspector General (OIG) for law enforcement 
purposes to identify internal control weaknesses and system issues and 
to improve methods of data modeling and annual audit planning in order 
to detect and investigate fraud, waste, and mismanagement in Department 
programs and operations.

DATES: These regulations are effective November 17, 2008.

FOR FURTHER INFORMATION CONTACT: Shelley Shepherd, Office of Inspector 
General, U.S. Department of Education, 400 Maryland Avenue, SW., room 
8166, Washington, DC 20202-5920. Telephone: (202) 245-7077.
    If you use a telecommunications device for the deaf (TDD), you may 
call the Federal Relay Service (FRS) at 1-800-877-8339.
    Individuals with disabilities can obtain this document in an 
alternative format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to the contact person listed under FOR FURTHER 
INFORMATION CONTACT.

SUPPLEMENTARY INFORMATION: On May 8, 2008 the Secretary published a 
notice of proposed rulemaking (NPRM) for this part in the Federal 
Register (73 FR 26056). In the summary to the NPRM, on pages 26056 and 
26507, the Secretary discussed how the proposed regulations would amend 
the Department's Privacy Act regulations to exempt from certain Privacy 
Act requirements investigative material in a new system of records. The 
new system of records is the Office of Inspector General Data Analytics 
System (ODAS) and the exemption would apply to materials compiled by 
the Office of Inspector General (OIG) for law enforcement purposes.
    There are no differences between the NPRM and these final 
regulations.

Analysis of Comments and Changes

    In response to the Secretary's invitation in the NPRM, the 
Department received no comments on the proposed regulations.

Executive Order 12866

    We have reviewed these final regulations in accordance with 
Executive Order 12866. Under the terms of the order we have assessed 
the potential costs and benefits of this regulatory action.
    The potential costs associated with the final regulations are those 
resulting from statutory requirements and those we have determined to 
be necessary for administering this program effectively and 
efficiently.
    In assessing the potential costs and benefits--both quantitative 
and qualitative--of these final regulations, we have determined that 
the benefits of the regulations justify the costs.
    We have also determined that this regulatory action does not unduly 
interfere with State, local, and tribal governments in the exercise of 
their governmental functions.
    We summarized the potential costs and benefits of these final 
regulations in the NPRM at 73 FR 26058.

Paperwork Reduction Act of 1995

    These regulations do not contain any information collection 
requirements.

Electronic Access to This Document

    You can view this document, as well as all other documents of this 
Department published in the Federal Register, in text and Adobe 
Portable Document Format (PDF) on the Internet at the following site: 
http://www.ed.gov/news/fedregister.
    To use PDF you must have Adobe Acrobat Reader, which is available 
free at this site. If you have questions about using PDF, call the U.S. 
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in 
the Washington, DC area at (202) 512-1530.

    Note: The official version of this document is the document 
published in the Federal Register. Free Internet access to the 
official edition of the Federal Register and the Code of Federal 
Regulations is available on GPO Access at: http://www.gpoaccess.gov/nara/index.html.

(Catalog of Federal Domestic Assistance Number does not apply.)

    Dated: October 10, 2008.
Christopher P. Marston,
Assistant Secretary for Management.

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For the reasons discussed in the preamble, the Secretary amends Part 5b 
of title 34 of the Code of Federal Regulations as follows:

PART 5b--PRIVACY ACT REGULATIONS

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1. The authority citation for part 5b continues to read as follows:

    Authority: 5 U.S.C. 301, 5 U.S.C. 552a.


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2. Section 5b.11 is amended by revising paragraph (c)(1) introductory 
text to read as follows:

[[Page 61355]]

Sec.  5b.11  Exempt systems.

* * * * *
    (c) Specific systems of records exempted under (k)(2). (1) The 
Department exempts the Investigative Files of the Inspector General ED/
OIG (18-10-01), the Hotline Complaint Files of the Inspector General 
ED/OIG (18-10-04), and the Office of Inspector General Data Analytics 
System (ODAS) (18-10-02) from the following provisions of 5 U.S.C. 552a 
and this part to the extent that these systems of records consist of 
investigatory material and complaints that may be included in 
investigatory material compiled for law enforcement purposes:
* * * * *

 [FR Doc. E8-24608 Filed 10-15-08; 8:45 am]
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