[Federal Register: February 11, 2009 (Volume 74, Number 27)]
[Rules and Regulations]
[Page 6831-6832]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11fe09-6]
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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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