[Federal Register Volume 88, Number 77 (Friday, April 21, 2023)]
[Notices]
[Pages 24661-24665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08415]


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DEPARTMENT OF THE TREASURY


Privacy Act of 1974; System of Records

AGENCY: Department of the Treasury.

[[Page 24662]]


ACTION: Notice of a modified system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
the Treasury (``Treasury'' or ``Department''), Treasury proposes to 
modify a current Treasury system of records titled, ``Department of the 
Treasury--.018 E-Rulemaking System of Records'' under the Privacy Act 
of 1974 for the online collection through the Federal Docket Management 
System and/or Regulations.gov of public comments to notices of proposed 
rulemaking, proposed orders, and other policy or regulatory actions 
that are published in the Federal Register or rules or rule amendments, 
petitions, and other input collected from the public that may not be 
associated with statutory or regulatory notice and comment 
requirements.

DATES: Submit comments on or before May 22, 2023. The new routine uses 
will be applicable on May 22, 2023 unless Treasury receives comments 
and determines that changes to the system of records notice are 
necessary.

ADDRESSES: Comments may be submitted to the Federal eRulemaking Portal 
electronically at http://www.regulations.gov. Comments can also be sent 
to the Deputy Assistant Secretary for Privacy, Transparency, and 
Records, Department of the Treasury, 1500 Pennsylvania Avenue NW, 
Washington, DC 20220, Attention: Revisions to Privacy Act Systems of 
Records. All comments received, including attachments and other 
supporting documents, are part of the public record and subject to 
public disclosure. All comments received will be posted without change 
to www.regulations.gov, including any personal information provided. 
You should submit only information that you wish to make publicly 
available.

FOR FURTHER INFORMATION CONTACT: For general questions and questions 
regarding privacy issues, please contact: Ryan Law, Deputy Assistant 
Secretary for Privacy, Transparency, and Records (202-622-5710), 
Department of the Treasury, 1500 Pennsylvania Avenue NW, Washington, DC 
20220.

SUPPLEMENTARY INFORMATION:

I. E-Rulemaking

    In accordance with the Privacy Act of 1974, the Department of the 
Treasury (``Treasury'') proposes to modify the system of records 
titled, ``Department of the Treasury--.018 E-Rulemaking System of 
Records.''
    Treasury collects comments on rulemakings and other regulatory 
actions, which it timely publishes on a website to provide transparency 
in the informal rulemaking process under the Administrative Procedure 
Act (``APA''), 5 U.S.C. 553. The Treasury also may solicit comments or 
other input from the public that may not be associated with statutory 
or regulatory notice and comment requirements.
    During an informal rulemaking or other statutory or regulatory 
notice and comment process, Department personnel may manually remove a 
comment from posting if the commenter withdraws his or her comments 
before the comment period has closed or because the comment contains 
obscenities or other material deemed inappropriate for publication by 
the Treasury. However, comments that are removed from posting will be 
retained by the Department for consideration, if appropriate under the 
APA.
    Below is the description of the modified Treasury--.018 E-
Rulemaking System of Records.
    Treasury has provided a report of this system of records to the 
Committee on Oversight and Government Reform of the House of 
Representatives, the Committee on Homeland Security and Governmental 
Affairs of the Senate, and OMB, pursuant to 5 U.S.C. 552a(r) and OMB 
Circular A-108, ``Federal Agency Responsibilities for Review, 
Reporting, and Publication under the Privacy Act,'' dated December 23, 
2016.

II. The Privacy Act

    Under the Privacy Act of 1974, 5 U.S.C. 552a, a ``system of 
records'' is defined as any group of records under the control of a 
Federal Government agency from which information about individuals is 
retrieved by name or other personal identifier. The Privacy Act 
establishes the means by which Government agencies must collect, 
maintain, and use personally identifiable information associated with 
an individual in a government system of records.
    Each Government agency is required to publish in the Federal 
Register a notice of a modified system of records in which the agency 
identifies and describes the system of records, the reasons why the 
agency uses the personally identifying information therein, the routine 
uses for which the agency will disclose such information outside the 
agency, and how individuals may exercise their rights under the Privacy 
Act to determine if the system contains information about them.

    Dated: April 17, 2023.
Ryan Law,
Deputy Assistant Secretary for Privacy, Transparency, and Records.

SYSTEM NAME AND NUMBER:
    Department of the Treasury--.018 E-Rulemaking.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    The locations at which the system is maintained by all Treasury 
bureaus and offices and their associated field offices are:
    A. Department of the Treasury, 1500 Pennsylvania Avenue NW, 
Washington, DC 20220.
    (1) Departmental Offices (DO): 1500 Pennsylvania Ave. NW, 
Washington, DC 20220.
    a. The Office of Inspector General (OIG): 740 15th Street NW, 
Washington, DC 20220.
    b. Special Inspector General for Pandemic Recovery (SIGPR): 1500 
Pennsylvania Avenue NW, Washington, DC 20220.
    c. Special Inspector General for the Troubled Asset Relief Program 
(SIGTARP): 1801 L Street NW, Washington, DC 20220.
    d. Treasury Inspector General for Tax Administration (TIGTA): 1125 
15th Street NW, Suite 700A, Washington, DC 20005.
    (2) Alcohol and Tobacco Tax and Trade Bureau (TTB): 1310 G St. NW, 
Washington, DC 20220.
    (3) Office of the Comptroller of the Currency (OCC): 400 7th Street 
SW, Washington, DC 20219.
    (4) Fiscal Service: Liberty Center Building, 401 14th St. SW, 
Washington, DC 20227.
    (5) Internal Revenue Service: 1111 Constitution Ave. NW, 
Washington, DC 20224.
    (6) United States Mint: 801 Ninth St. NW, Washington, DC 20220.
    (7) Bureau of Engraving and Printing (BEP): 14th & C Streets SW, 
Washington, DC 20228.
    (8) Financial Crimes Enforcement Network: Vienna, VA 22183.
    B. General Services Administration, 1800 F St. NW, Washington, DC 
20006.

SYSTEM MANAGER(S):
    A. Department of the Treasury, 1500 Pennsylvania Avenue NW, 
Washington, DC 20220.
    (1) Departmental Offices (DO): 1500 Pennsylvania Ave. NW, 
Washington, DC 20220.
    a. The Office of Inspector General (OIG): 740 15th Street NW, 
Washington, DC 20220.

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    b. Special Inspector General for Pandemic Recovery (SIGPR): 1500 
Pennsylvania Avenue NW, Washington, DC 20220.
    c. Special Inspector General for the Troubled Asset Relief Program 
(SIGTARP): 1801 L Street NW, Washington, DC 20220.
    d. Treasury Inspector General for Tax Administration (TIGTA): 1125 
15th Street NW, Suite 700A, Washington, DC 20005.
    (2) Alcohol and Tobacco Tax and Trade Bureau (TTB): 1310 G St. NW, 
Washington, DC 20220.
    (3) Office of the Comptroller of the Currency (OCC): 400 7th Street 
SW, Washington, DC 20219.
    (4) Fiscal Service: Liberty Center Building, 401 14th St. SW, 
Washington, DC 20227.
    (5) Internal Revenue Service: 1111 Constitution Ave. NW, 
Washington, DC 20224.
    (6) United States Mint: 801 Ninth St. NW, Washington, DC 20220.
    (7) Bureau of Engraving and Printing (BEP): 14th & C Streets SW, 
Washington, DC 20228.
    (8) Financial Crimes Enforcement Network: Vienna, VA 22183.
    B. General Services Administration, 1800 F St. NW, Washington, DC 
20006.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    44 U.S.C. 3101; Administrative Procedure Act, Public Law 79-404, 60 
Stat. 237; 5 U.S.C. 553 et seq., and rules and regulations promulgated 
thereunder.

PURPOSE(S) OF THE SYSTEM:
    To collect and maintain in an electronic system feedback from the 
public and industry groups regarding proposed rules and other Treasury 
regulatory actions in accordance with the Administrative Procedure Act 
(``APA'') or other statutory or regulatory provisions, as well as input 
on Treasury actions that may not be associated with notice and comment 
requirements.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals providing comments or other input to the Treasury in 
response to proposed rules, industry filings or other Treasury request 
for comments associated with Treasury rules, notices, policies or 
procedures, whether the individuals provide comments or input directly 
or through their representatives. Any individuals who may be discussed 
or identified in the comments or input provided by others to the 
Treasury.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Incoming comments or other input to the Treasury in response to 
proposed rules, or other Treasury request for comments associated with 
Treasury rules, policies or procedures, provided to the Treasury 
electronically, by facsimile or postal mail or delivery service. 
Comments or input submitted to Treasury may include the full name of 
the submitter, an email address and the name of the organization, if an 
organization is submitting the comments. The commenter may optionally 
provide job title, mailing address and phone numbers. The comments or 
input provided may contain other personal information, although the 
comment submission instructions advise commenters not to include 
additional personal or confidential information.
    This system excludes comments or input for which the Treasury has 
received and either has approved or not yet decided a Freedom of 
Information Act or Privacy Act Request.

RECORDS SOURCE CATEGORIES:
    Individuals and organizations providing comments or other input to 
the Treasury.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under the 
Privacy Act of 1974, 5 U.S.C. 552a(b), records and/or information or 
portions thereof maintained as part of this system may be disclosed 
outside Treasury as a routine use pursuant to 5 U.S.C. 552a(b)(3) as 
follows:
    (1) To the United States Department of Justice (``DOJ''), for the 
purpose of representing or providing legal advice to the Department in 
a proceeding before a court, adjudicative body, or other administrative 
body before which the Department is authorized to appear, when such 
proceeding involves:
    (a) The Department or any component thereof;
    (b) Any employee of the Department in his or her official capacity;
    (c) Any employee of the Department in his or her individual 
capacity where DOJ or the Department has agreed to represent the 
employee; or
    (d) The United States, when the Department determines that 
litigation is likely to affect the Department or any of its components; 
and the use of such records by the DOJ is deemed by the DOJ or the 
Department to be relevant and necessary to the litigation provided that 
the disclosure is compatible with the purpose for which records were 
collected.
    (2) To appropriate Federal, State, local, and foreign agencies for 
the purpose of enforcing and investigating administrative, civil or 
criminal law relating to the hiring or retention of an employee; 
issuance of a security clearance, license, contract, grant or other 
benefit;
    (3) To a court, magistrate, or administrative tribunal in the 
course of presenting evidence, including disclosures to opposing 
counsel or witnesses in the course of or in preparation for civil 
discovery, litigation, or settlement negotiations, in response to a 
court order where relevant or potentially relevant to a proceeding, or 
in connection with criminal law proceedings;
    (4) To a contractor for the purpose of compiling, organizing, 
analyzing, programming, or otherwise refining records to accomplish an 
agency function subject to the same limitations applicable to U.S. 
Department of the Treasury officers and employees under the Privacy 
Act;
    (5) To a congressional office from the records of an individual in 
response to an inquiry from that congressional office made pursuant to 
a written Privacy Act waiver at the request of the individual to whom 
the records pertain;
    (6) To third parties during the course of an investigation to the 
extent necessary to obtain information pertinent to the investigation;
    (7) To the Office of Personnel Management, Merit Systems Protection 
Board, Equal Employment Opportunity Commission, Federal Labor Relations 
Authority, and the Office of Special Counsel for the purpose of 
properly administering Federal personnel systems or other agencies' 
systems in accordance with applicable laws, Executive Orders, and 
regulations;
    (8) To the National Archives and Records Administration (NARA) or 
General Services Administration pursuant to records management 
inspections being conducted under the authority of 44 U.S.C. 2904 and 
2906;
    (9) To other Federal agencies or entities when the disclosure of 
the existence of the individual's security clearance is needed for the 
conduct of government business, and
    (10) To appropriate agencies, entities, and person when (1) the 
Department of the Treasury and/or Departmental Offices suspects or has 
confirmed that there has been a breach of the system of records; (2) 
the Department of the Treasury and/or Departmental Offices has 
determined that as a result of the suspected or confirmed breach there 
is a risk of harm to individuals, the Department of the Treasury and/or 
Departmental Offices (including its information systems, programs, and

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operations), the Federal Government, or national security; and (3) the 
disclosure made to such agencies, entities, and persons is reasonably 
necessary to assist in connection with the Department of the Treasury's 
and/or Departmental Offices' efforts to respond to the suspected or 
confirmed breach or to prevent, minimize, or remedy such harm;
    (11) To another Federal agency or Federal entity when the 
Department of the Treasury and/or Departmental Offices determines that 
information from this system of records is reasonably necessary to 
assist the recipient agency or entity in (1) responding to a suspected 
or confirmed breach or (2) preventing, minimizing, or remedying the 
risk of harm to individuals, the recipient agency or entity (including 
its information systems, programs, and operations), the Federal 
Government, or national security, resulting from a suspected or 
confirmed breach;
    (12) To General Services Administration for purposes of operating 
the E-Rulemaking system.
    (13) To another Federal, State, local, foreign, or self-regulatory 
organization or agency responsible for implementing, issuing, or 
carrying out a rule, regulation, policy or guidance, when such 
information may be relevant to that agency's carrying out of its 
responsibilities.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records in this system are stored electronically or on paper in 
secure facilities in a locked drawer behind a locked door.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records may be retrieved by an individual's name, social security 
number, email address, electronic identification number and/or access/
security badge number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The retention and disposal period depends on the nature of the 
comments or input provided to the Treasury. For example, comments that 
pertain to a Treasury proposed rule becomes part of the Treasury's 
central files and are kept permanently. Other input to the Treasury may 
be kept between one and 10 years, depending on the subject matter.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Records in this system are safeguarded in accordance with 
applicable rules and policies, including all applicable Treasury 
automated systems security and access policies. Strict controls have 
been imposed to minimize the risk of compromising the information that 
is being stored. Access to the computer system containing the records 
in this system is limited to those individuals who have a need to know 
the information for the performance of their official duties and who 
have appropriate clearances.
    Entrance to data centers and support organization offices is 
restricted to those employees whose work requires them to be there for 
the system to operate. Identification (ID) cards are verified to ensure 
that only authorized personnel are present. Disclosure of information 
through remote terminals is restricted through the use of passwords and 
sign-on protocols which are periodically changed. Reports produced from 
the remote printers are in the custody of personnel and financial 
management officers and are subject to the same privacy controls as 
other documents of similar sensitivity. Access is limited to authorized 
employees. Paper records are maintained in locked safes and/or file 
cabinets. Electronic records are password-protected. During non-work 
hours, records are stored in locked safes and/or cabinets in a locked 
room.
    Protection and control of any sensitive but unclassified (SBU) 
records are in accordance with TD P 71-10, Department of the Treasury 
Security Manual. Access to the records is available only to employees 
responsible for the management of the system and/or employees of 
program offices who have a need for such information.
    The GSA information technology system that hosts regulations.gov 
and FDMS is in a facility protected by physical walls, security guards, 
and requiring identification badges. Rooms housing the information 
technology system infrastructure are locked, as are the individual 
server racks. All security controls are reviewed on a periodic basis by 
external assessors. The controls themselves include measures for access 
control, security awareness training, audits, configuration management, 
contingency planning, incident response, and maintenance.
    Records in FDMS are maintained in a secure, password protected 
electronic system that utilizes security hardware and software to 
include multiple firewalls, active intrusion detection, encryption, 
identification and authentication of users. Partner agencies manage 
their own access to FDMS through their designated partner agency 
account managers. Each designated partner agency account manager has 
access to FDMS. This level of access enables them to establish, manage, 
and terminate user accounts limited to their own agency.

RECORDS ACCESS PROCEDURES:
    See ``Notification Procedures'' below.

CONTESTING RECORDS PROCEDURES:
    See ``Notification Procedures'' below.

NOTIFICATION PROCEDURES:
    Individuals seeking notification of and access to any record 
contained in this system of records, or seeking to contest its content, 
may submit a request in writing, in accordance with Treasury's Privacy 
Act regulations (located at 31 CFR 1.26), to the Freedom of Information 
Act (FOIA) and Transparency Liaison, whose contact information can be 
found at http://www.treasury.gov/FOIA/Pages/index.aspx under ``FOIA 
Requester Service Centers and FOIA Liaison.'' If an individual believes 
more than one bureau maintains Privacy Act records concerning him or 
her, the individual may submit the request to the Office of Privacy, 
Transparency, and Records, FOIA and Transparency, Department of the 
Treasury, 1500 Pennsylvania Ave. NW, Washington, DC 20220.
    No specific form is required, but a request must be written and:
     Be signed and either notarized or submitted under 28 
U.S.C. 1746, a law that permits statements to be made under penalty of 
perjury as a substitute for notarization;
     State that the request is made pursuant to the FOIA and/or 
Privacy Act disclosure regulations;
     Include information that will enable the processing office 
to determine the fee category of the user;
     Be addressed to the bureau that maintains the record (in 
order for a request to be properly received by the Department, the 
request must be received in the appropriate bureau's disclosure 
office);
     Reasonably describe the records;
     Give the address where the determination letter is to be 
sent;
     State whether or not the requester wishes to inspect the 
records or have a copy made without first inspecting them; and
     Include a firm agreement from the requester to pay fees 
for search, duplication, or review, as appropriate. In the absence of a 
firm agreement to pay, the requester may submit a request for a waiver 
or reduction of fees, along with justification of how such a waiver 
request meets the criteria for a waiver or reduction of fees found in 
the FOIA statute at 5 U.S.C. 552(a)(4)(A)(iii).

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    You may also submit your request online at https://rdgw.treasury.gov/foia/pages/gofoia.aspx and call 1-202-622-0930 with 
questions.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    Notice of this system of records was last published in full in the 
Federal Register on January 9, 2020 (85 FR 1198) as the Department of 
the Treasury--.018 E-Rulemaking System of Records.

[FR Doc. 2023-08415 Filed 4-20-23; 8:45 am]
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