[Federal Register Volume 75, Number 123 (Monday, June 28, 2010)]
[Rules and Regulations]
[Pages 36536-36537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15365]
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DEPARTMENT OF THE TREASURY
Office of the Secretary
31 CFR Part 1
RIN 1505-AC22
Office of the Special Inspector General for the Troubled Asset
Relief Program; Privacy Act of 1974; Implementation
AGENCY: Departmental Offices, Treasury.
ACTION: Final rule.
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SUMMARY: In accordance with the requirements of the Privacy Act of
1974, 5 U.S.C. 552a, the Department of the Treasury amends this part to
exempt several systems of records maintained by the Office of the
Special Inspector General for the Troubled Asset Relief Program
(SIGTARP) from certain provisions of the Privacy Act.
DATES: Effective Dates: June 28, 2010.
FOR FURTHER INFORMATION CONTACT: Bryan Saddler, Chief Counsel, Office
of the Special Inspector General for the Troubled Asset Relief Program,
1801 L St., NW., Washington, DC 20220, (202) 927-8938.
SUPPLEMENTARY INFORMATION: The Department of the Treasury published a
notice of a proposed rule exempting five systems of records from
provisions of the Privacy Act of 1974, as amended, on January 14, 2010,
at 75 FR 2086. The Department also published the notices of the new
systems of records in their entirety on January 14, 2010, at 75 FR
2188.
Under 5 U.S.C. 552a(j)(2), the head of a Federal agency may
promulgate rules to exempt a system of records from certain provisions
of 5 U.S.C. 552a if the system of records is ``maintained by an agency
or component thereof which performs as its principal function any
activity pertaining to the enforcement of criminal laws, including
police efforts to prevent, control, or reduce crime or to apprehend
criminals, and the activities of prosecutors, courts, correctional,
probation, pardon, or parole authorities, and which consists of (A)
information compiled for the purpose of identifying individual criminal
offenders and alleged offenders and consisting only of identifying data
and notations of arrests, the nature and disposition of criminal
charges, sentencing, confinement, release, and parole and probation
status; (B) information compiled for the purpose of a criminal
investigation, including reports of informants and investigators, and
associated with an identifiable individual; or (C) reports identifiable
to an individual compiled at any stage of the process of enforcement of
the criminal laws from arrest or indictment through release from
supervision.''
To the extent that these systems of records contain investigative
material within the provisions of 5 U.S.C. 552a(j)(2), the Department
of the Treasury has exempted the following systems of records from
various provisions of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2):
DO .220--SIGTARP Hotline Database.
DO .221--SIGTARP Correspondence Database.
DO .222--SIGTARP Investigative MIS Database.
DO .223--SIGTARP Investigative Files Database.
DO .224--SIGTARP Audit Files Database.
The exemption under 5 U.S.C. 552a(j)(2) for the above-referenced
systems of records is from provisions 5 U.S.C. 552a (c)(3), (c)(4),
(d)(1), (d)(2), (d)(3), (d)(4), (e)(1), (e)(2), (e)(3), (e)(4)(G),
(e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (f), and (g).
Under 5 U.S.C. 552a(k)(2), the head of a Federal agency may
promulgate rules to exempt a system of records from certain provisions
of 5 U.S.C. 552a if the system of records is ``investigatory material
compiled for law enforcement purposes, other than material within the
scope of subsection (j)(2).'' To the extent that these systems of
records contain investigative material within the provisions of 5
U.S.C. 552a(k)(2), the Department of the Treasury has exempted the
following systems of records from various provisions of the Privacy Act
pursuant to 5 U.S.C. 552a(k)(2):
DO .220--SIGTARP Hotline Database.
DO .221--SIGTARP Correspondence Database.
DO .222--SIGTARP Investigative MIS Database.
DO .223--SIGTARP Investigative Files Database.
DO .224--SIGTARP Audit Files Database.
The exemption under 5 U.S.C. 552a(k)(2) for the above-referenced
systems of records is from provisions 5 U.S.C. 552a(c)(3), (d)(1),
(d)(2), (d)(3), (d)(4), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and
(f).
As required by Executive Order 12866, it has been determined that
this proposed 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
final 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 final
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 final
rule would not impose new record keeping, 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, as amended.
0
2. Section 1.36 is amended as follows:
0
a. Paragraph (c)(1)(i) is amended by adding new entries for DO .220,
.221, .222, .223, and .224 to the table in numerical order.
0
b. Paragraph (g)(1)(i) is amended by adding new entries for DO .220,
.221, .222, .223, and .224 to the table in numerical order.
The additions to Sec. 1.36 read as follows:
Sec. 1.36 Systems exempt in whole or in part from provisions of 5
U.S.C. 522a and this part.
* * * * *
(c) * * *
(1) * * *
(i) * * *
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Number System name
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* * * * *
DO .220........................... SIGTARP Hotline Database.
DO .221........................... SIGTARP Correspondence Database.
[[Page 36537]]
DO .222........................... SIGTARP Investigative MIS Database.
DO .223........................... SIGTARP Investigative Files
Database.
DO .224........................... SIGTARP Audit Files Database.
* * * * *
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* * * * *
(g) * * *
(1) * * *
(i) * * *
------------------------------------------------------------------------
Number System name
------------------------------------------------------------------------
* * * * *
DO .220........................... SIGTARP Hotline Database.
DO .221........................... SIGTARP Correspondence Database.
DO .222........................... SIGTARP Investigative MIS Database.
DO .223........................... SIGTARP Investigative Files
Database.
DO .224........................... SIGTARP Audit Files Database.
* * * * *
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* * * * *
Dated: June 21, 2010.
Melissa Hartman,
Acting Deputy Assistant Secretary for Privacy, Transparency, and
Records.
[FR Doc. 2010-15365 Filed 6-25-10; 8:45 am]
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