Federal Register, Volume 88 Issue 116 (Friday, June 16, 2023)

[Federal Register Volume 88, Number 116 (Friday, June 16, 2023)]
[Notices]
[Pages 39509-39512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12985]

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DEPARTMENT OF THE TREASURY

Privacy Act of 1974; System of Records

AGENCY: Department of the Treasury.

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
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 July 17, 2023. The new routine uses
will be applicable on July 17, 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

[[Page 39510]]

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: June 12, 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): 875 15th Street NW,
Washington, DC 20005.
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): 875 15th Street NW,
Washington, DC 20005.
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

[[Page 39511]]

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
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

[[Page 39512]]

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.

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

CONTESTING RECORD 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).
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. 2023-12985 Filed 6-15-23; 8:45 am]
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