[Federal Register Volume 74, Number 27 (Wednesday, February 11, 2009)]
[Rules and Regulations]
[Pages 6831-6832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2816]


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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

29 CFR Part 1611


Privacy Act Regulations

AGENCY: Equal Employment Opportunity Commission.

ACTION: Final rule.

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SUMMARY: The Equal Employment Opportunity Commission is revising 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: Effective Date: February 11, 2009.

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 
is adding 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 is also 
amending sections 1611.5(a)(5) and 1611.5(b) to conform them to the 
addition of the new exemption.
    The Commission published these proposed changes in a Proposed Rule 
on March 31, 2008. 73 FR 16806. EEOC did not receive any comments on 
the proposed rule. This final rule, therefore, adopts the amendments 
proposed without change.

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: February 4, 2009.
    For the Commission.
Stuart J. Ishimaru,
Acting Chairman.

0
Accordingly, chapter XIV of title 29 of the Code of Federal Regulations 
is amended as follows:

PART 1611--PRIVACY ACT REGULATIONS

0
1. The authority citation for Part 1611 continues to read as follows:

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


0
2. In section 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

[[Page 6832]]

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 requirements of 5 U.S.C. 552a 
in Sec. Sec.  1611.13, 1611.14, or 1611.15.
* * * * *

0
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. E9-2816 Filed 2-10-09; 8:45 am]
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