[Federal Register Volume 75, Number 248 (Tuesday, December 28, 2010)]
[Rules and Regulations]
[Pages 81454-81455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32165]
=======================================================================
-----------------------------------------------------------------------
JOINT BOARD FOR ENROLLMENT OF ACTUARIES
20 CFR Part 903
Privacy Act of 1974; Implementation
AGENCY: Joint Board for the Enrollment of Actuaries.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: In accordance with the requirements of the Privacy Act of
1974, as amended, the Joint Board for the Enrollment of Actuaries
(Joint Board) is amending the requirements regarding access to records
to revise the listing of the Joint Board's systems of records for which
the Joint Board has claimed exemptions, under section (k)(2) of the
Privacy Act, from certain of the Privacy Act's provisions, to revise
language that incorrectly implies that the Joint Board has yet to seek
such exemptions or that incorrectly implies that the Joint Board's
claims for exemption are still pending, and to correct internal
references.
DATES: This rule is March 28, 2011 without further action, unless
adverse comment is received by January 27, 2011. If adverse comment is
received, the Joint Board will publish a timely withdrawal of the rule
in the Federal Register.
ADDRESSES: Comments should be sent to: Executive Director, Joint Board
for the Enrollment of Actuaries, c/o Internal Revenue Service/Office of
Professional Responsibility, SE:OPR, 1111 Constitution Avenue, NW.,
Washington, DC 20224. Comments will be available for inspection and
copying in the IRS Freedom of Information Reading Room (Room 1621) at
the above address. The telephone number for the Reading Room is (202)
622-5164 (not a toll-free number).
FOR FURTHER INFORMATION CONTACT: Earl Prater, Senior Counsel, Office of
Professional Responsibility, at (202) 622-8018 (not a toll-free
number).
SUPPLEMENTARY INFORMATION: The Joint Board is proposing to simplify the
administration of its Privacy Act systems of records by consolidating
the current nine systems into three systems of records and to revise
the data elements of consolidated systems of records notices so as to
ensure that they accurately reflect the jurisdictional coverage and
operational requirements of the Joint Board's regulations, which are
set out at 20 CFR parts 901 through 903.
The Joint Board will publish separately in the Federal Register a
notice proposing to consolidate and revise its Privacy Act systems of
records. As described in the notice, the Joint Board proposes to
consolidate its systems of records as follows:
JBEA-2, Charge Case Inventory Files, will be renamed ``Enrolled
Actuary Disciplinary Records'' and will consolidate all disciplinary-
related records from that system and from the following systems--
JBEA-4, Enrollment Files;
JBEA-8, Suspension and Termination Files; and
JBEA-9, Suspension and Termination Roster.
JBEA-4, Enrollment Files, will be renamed ``Enrolled Actuary
Enrollment Records'' and will consolidate all enrollment-related
records from that system and from the following systems--
JBEA-1, Application Files;
JBEA-2, Charge Case Inventory Files;
JBEA-3, Denied Applications;
JBEA-5, Enrollment Roster;
JBEA-7, General Information;
JBEA-8, Suspension and Termination Files; and
JBEA-9, Suspension and Termination Roster.
JBEA-6, General Correspondence File, will be renamed
``Correspondence and Miscellaneous Records.''
The following systems of records will be deleted upon
implementation of the consolidated and revised systems:
JBEA-1, Application Files;
JBEA-3, Denied Applications;
JBEA-5, Enrollment Roster;
JBEA-7, General Information;
JBEA-8, Suspension and Termination Files; and
JBEA-9, Suspension and Termination Roster.
If a system of records contains investigative material compiled for
law enforcement purposes, section (k)(2) of the Privacy Act permits the
head of an agency to promulgate a rule to exempt a system of records
from the Privacy Act's provisions granting individuals certain rights
with respect to the records that pertain to them, including the right
to review and copy the records. As permitted by section (k)(2), the
Joint Board published the following documents to exempt certain systems
of records:
On August 27, 1975 (40 FR 39387), the Joint Board published a
proposed rule to exempt five systems of records, designating the rule
as 20 CFR part 903.
On September 30, 1975 (40 FR 45113), the Joint Board published its
proposed Privacy Act regulations, designating such regulations as 20
CFR part 903, and in the same publication, the Joint Board republished
its proposed rule to exempt five systems of records, redesignating the
exempting rule as 20 CFR 903.8.
On January 8, 1976 (41 FR 1493), the Joint Board published its
final Privacy Act regulations as 20 CFR part 903 and in the same
publication, the Joint Board published its final rule to exempt five
systems of records, designating the exempting rule as 20 CFR 903.8.
The systems of records for which the Joint Board has claimed
exemptions are listed in 20 CFR 903.8(a) as follows:
JBEA--Enrollment Files;
JBEA--Application Files;
JBEA--General Information;
JBEA--Charge Case Inventory Files; and
JBEA--Suspension and Termination Files.
This direct final rule will amend 20 CFR 903.8 as follows:
a. The exempt system currently listed as ``JBEA--Charge Case
Inventory Files'' will be listed as ``JBEA-2, Enrolled Actuary
Disciplinary Records.''
b. The exempt system currently listed as ``JBEA--Enrollment Files''
will be listed as ``JBEA-4, Enrolled Actuary Enrollment Records.''
c. The following systems will be deleted from the listing of exempt
systems:
JBEA--Application Files;
JBEA--General Information; and
JBEA--Suspension and Termination Files.
d. Language such as ``Exemption will be claimed'' (Sec. 903.8(b)),
which incorrectly implies that the Joint Board has yet to seek
exemptions, and language such as the ``the Joint Board seeks
exemption'' (Sec. 903.8(c)(2)(i), (ii), (iii), (iv), (v), and (vi)),
which incorrectly implies that the Joint Board's
[[Page 81455]]
claims for exemptions are still pending, will be revised.
e. Internal references will be corrected.
These regulations are being published as a direct final rule
because the amendments do not impose any requirements on any member of
the public. These amendments are the most efficient means for the Joint
Board to implement its internal requirements for complying with the
Privacy Act.
Accordingly, pursuant to 5 U.S.C. 553(b)(3)(B), the Joint Board
finds good cause that prior notice and other public procedures with
respect to this rule are unnecessary, and good cause for making this
direct final rule effective 90 days after publication in the Federal
Register.
Pursuant to Executive Order 12866, it has been determined that this
direct final rule is not a significant regulatory action, and
therefore, does not require a regulatory impact analysis.
Because no notice of proposed rulemaking is required, the
provisions of the Regulatory Flexibility Act, 5 U.S.C. 601-612, do not
apply.
List of Subjects in 20 CFR Part 903
Access to Records.
Adoption of Amendments to the Regulations
0
Accordingly, 20 CFR part 903 is amended as follows:
PART 903--ACCESS TO RECORDS
0
1. The authority citation for 20 CFR part 903 continues to read as
follows:
Authority: 5 U.S.C. 552a.
0
2. Section 903.8, is amended by:
0
a. Revising paragraph (a);
0
b. Revising paragraph (b);
0
c. Revising the last sentence of paragraph (c)(2)(i);
0
d. Revising the last sentence of paragraph (c)(2)(ii);
0
e. Amending paragraph (c)(2)(iii) by removing the reference ``the
preceding subparagraph (2)(B)'' and by adding in its place, the
reference ``the preceding subsection (2)(ii)'';
0
f. Revising the last sentence of paragraph (c)(2)(iii);
0
g. Amending paragraph (c)(2)(iv) by removing the reference ``the
preceding subparagraph (2)(B)'' and by adding in its place the
reference ``the preceding subsection (2)(ii)'';
0
g. Amending paragraph (c)(2)(iv) by removing the reference ``afforded
by subsections (c)(4)(G)'' and by adding in its place the reference
``afforded by subsections (e)(4)(G)''; and
0
h. Revising the last sentence of paragraphs (c)(2)(iv), (c)(2)(v), and
(c)(2)(vi).
The revisions read as follows:
Sec. 903.8 Exemptions.
(a) Names of systems: JBEA-2, Enrolled Actuary Disciplinary
Records; and JBEA-4, Enrolled Actuary Enrollment Records.
(b) Provisions from which exempted: These systems contain records
described in section (k)(2) of the Privacy Act of 1974, 5 U.S.C.
552a(k)(2). Exemptions are claimed for such records only where
appropriate from the following provisions: sections (c)(3); (d);
(e)(1); (e)(4)(G), (e)(4)(H), and (e)(4)(I); and (f) of 5 U.S.C. 552a.
(c) * * *
(2) * * *
(i) * * * For these reasons, the Joint Board claims exemption from
the requirements of subsection (c)(3) of the Act.
(ii) * * * For these reasons, the Joint Board claims exemptions
from the requirements of subsections (d)(1), (e)(4)(H), and (f)(2),
(3), and (5) of the Act.
(iii) * * * Therefore, the Joint Board claims exemptions from the
requirements of subsections (d)(2), (3), and (4), (e)(4)(H), and
(f)(4).
(iv) * * * For these reasons, the Joint Board claims exemptions
from the requirements of subsections (e)(4)(G) and (f)(1).
(v) * * * For these reasons, the Joint Board claims exemption from
the requirements of subsection (e)(1).
(vi) * * * For these reasons, the Joint Board claims exemption from
the requirements of subsection (e)(4)(I).
Dated: November 4, 2010.
Carolyn E. Zimmerman,
Chair, Joint Board for the Enrollment of Actuaries.
[FR Doc. 2010-32165 Filed 12-27-10; 8:45 am]
BILLING CODE 4830-01-P