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