[Federal Register Volume 75, Number 204 (Friday, October 22, 2010)]
[Rules and Regulations]
[Pages 65229-65230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26327]


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DEPARTMENT OF THE TREASURY

Office of the Secretary

31 CFR Part 1

RIN 1505-AC26


Privacy Act; Implementation

AGENCY: Departmental Offices, Treasury.

ACTION: Final rule: Technical Amendments.

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SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, as amended, the Department of the Treasury is revising the title 
of an Internal Revenue Service (IRS) system of records identified in 
this part.

DATES: October 22, 2010.

FOR FURTHER INFORMATION CONTACT: Dale Underwood, Privacy Act officer, 
Department of the Treasury, 1500 Pennsylvania Avenue, NW., Washington, 
DC 20220. Telephone: 202-622-0874. FAX: 202-622-3895. E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: The Department of the Treasury is publishing 
separately in the Federal Register the notice of alterations to three 
systems of records maintained by the Office of Professional 
Responsibility. One of those systems, Treasury/IRS 37.009 had 
previously been entitled ``Enrolled Agent Records.'' On December 12, 
2006, the Department published a notice in the Federal Register at 71 
FR 69613 to amend the title to ``Enrolled Agents and Resigned Enrolled 
Agents.'' A concurrent change to the title found in the table at 31 CFR 
1.36(g)(1)(viii) was not made at that time. This final rule amends the 
title of 37.009 from ``Enrolled Agent Records'' to Treasury/IRS 
37.009--Enrolled Agent and Enrolled Retirement Plan Agent Records.'' 
The Department has previously claimed an exemption from provisions of 
the Privacy Act for this system of records pursuant to 5 U.S.C. 
552a(k)(2). No new exemptions are being claimed for this system.
    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 if the system contains investigatory 
material compiled for law

[[Page 65230]]

enforcement purposes. This system of records continues to contain 
investigatory material compiled for law enforcement purposes.
    These regulations are being published as a final rule because the 
amendments do not impose any requirements on any member of the public 
and do not alter the procedures relating to the way in which the 
Departmental Offices currently handle FOIA and PA obligations. These 
amendments are the most efficient means for the Treasury Department to 
implement its internal requirements for complying with the FOIA and the 
Privacy Act. Accordingly, pursuant to 5 U.S.C. 553(b)(B) and (d)(3), 
the Department of the Treasury finds good cause that prior notice and 
other public procedure with respect to this rule are impracticable and 
unnecessary and finds good cause for making this rule effective on the 
date of publication in the Federal Register.
    The Department has determined that a notice of proposed rulemaking 
pursuant to 5 U.S.C. 553(b) is not required because these regulatory 
amendments do not change the legal effects of the current regulations 
nor do they have any impact on those regulated. The amendment updates a 
name change to an existing system.
    As required by Executive Order 12866, it has been determined that 
this 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 
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 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 rule 
would not impose new recordkeeping, 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 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.


0
2. Section 1.36 paragraph (g)(1)(viii) is amended by revising the entry 
``IRS 37.009'' to read as follows:


Sec.  1.36  Systems exempt in whole or in part from provisions of 5 
U.S.C. 522a and this subpart.

* * * * *
    (g) * * *
    (1) * * *
    (viii) * * *

------------------------------------------------------------------------
                    No.                              System name
------------------------------------------------------------------------
 
                                * * * * *
IRS 37.009................................  Enrolled Agent and Enrolled
                                             Retirement Plan Agent
                                             Records.
 
                                * * * * *
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    Dated: September 28, 2010.
 Melissa Hartman,
Deputy Assistant Secretary for Privacy, Transparency, and Records.
[FR Doc. 2010-26327 Filed 10-21-10; 8:45 am]
BILLING CODE 4830-01-P