Privacy Act of 1974; Implementation, 2805-2806 [05-916]
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Federal Register / Vol. 70, No. 11 / Tuesday, January 18, 2005 / Rules and Regulations
200 feet due south in a straight line to
from that intersection to the 200-foot
contour line, just north of the Yamhill
River (Sheridan map);
(9) Then follow the meandering 200foot contour line easterly, passing north
of most of the village of Sheridan,
crossing onto the Ballston map, and
continue easterly and then northerly
along the 200-foot contour line to its
first intersection with Christensen Road
at the common boundary between
sections 27 and 34, T5S, R5W (Ballston
map);
(10) Continue to follow the 200-foot
contour line westerly and then
northerly, passing onto the Muddy
Valley map and then the Stony
Mountain map, to the contour line’s
intersection with Deer Creek in section
64, T5S, R6W (Stony Mountain map);
(11) Cross Deer Creek and follow the
200-foot contour line southeasterly,
crossing Dupree Creek in section 64,
T5S, R6W, on the Muddy Valley map,
and, crossing onto the Ballston map,
continue southerly and then easterly
along the 200-foot contour line to its
intersection with State Route 18 at the
hamlet of Bellevue, section 28, T5S,
R5W (Ballston map);
(12) Continue westerly then northerly
along the meandering 200-foot contour
line, crossing Latham Road at the
northern boundary of section 53, T5S,
R5W, and, crossing onto the Muddy
Valley map, continue northerly along
the 200-foot contour line to its
intersection with Muddy Creek in
section 40, T5S, R5W (Muddy Valley
map);
(13) Crossing Muddy Creek, follow
the 200-foot contour line southerly, then
easterly, and then northerly to its
intersection with Peavine Road in the
western extension of section 47, T4S,
R5W (Muddy Valley map);
(14) From Peavine Road, continue
northeasterly along the meandering 200foot contour line, crossing Cozine Creek
in section 46, T4S, R5W, and, crossing
onto the McMinnville map, follow the
200-foot contour line across Redmond
Hill Road in section 44, T4S, R5W, and
return to the point of beginning
(McMinnville map)
Signed: November 22, 2004.
Arthur J. Libertucci,
Administrator.
Approved: December 9, 2004.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. 05–912 Filed 1–14–05; 8:45 am]
BILLING CODE 4810–31–P
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Jkt 205001
DEPARTMENT OF THE TREASURY
31 CFR Part 1
Privacy Act of 1974; Implementation
Internal Revenue Service,
Treasury.
ACTION: Final rule.
AGENCY:
SUMMARY: In accordance with the
requirements of the Privacy Act of 1974,
as amended, the Department of the
Treasury exempts a new Internal
Revenue Service (IRS) system of records
entitled ‘‘IRS 42.031—Anti-Money
Laundering/Bank Secrecy Act (BSA)
and Form 8300 Records’’ from certain
provisions of the Privacy Act.
EFFECTIVE DATE: January 18, 2005.
FOR FURTHER INFORMATION CONTACT: IRS
National Anti-Money Laundering
Program Manager, S: C: CP: RE: AML,
19th Floor, 1601 Market Street,
Philadelphia, PA 19106, phone (215)
861–1547.
SUPPLEMENTARY INFORMATION: The IRS
published a notice of proposed
rulemaking on April 30, 2004 at 69 FR
23705–23706 exempting the new system
of records from certain provisions of the
Privacy Act of 1974, as amended. The
IRS published the proposed system
notice in its entirety at 69 FR 23854 on
April 30, 2004. No comments were
received by the IRS.
Under 5 U.S.C. 552a(k)(2), the head of
an agency may promulgate rules to
exempt any system of records within the
agency from certain provisions of the
Privacy Act if the system is
investigatory material compiled for law
enforcement purposes. The exemption
is from provisions 552a(c)(3), (d), (e)(1),
(e)(4)(G), (e)(4)(H), (e)(4)(I), and (f)
because the system contains
investigatory material compiled for law
enforcement purposes. The following
are the reasons why this system of
records maintained by the IRS is exempt
pursuant to 5 U.S.C. 552a(k)(2) of the
Privacy Act of 1974.
(1) 5 U.S.C. 552a(c)(3). This provision
of the Privacy Act provides for the
release of the disclosure accounting
required by 5 U.S.C. 552a(c) (1) and (2)
to the individual named in the record at
his/her request. The reasons for
exempting this system of records from
the foregoing provision is:
(i) The release of disclosure
accounting would put the subject of an
investigation on notice that an
investigation exists and that such
person is the subject of that
investigation.
(ii) Such release would provide the
subject of an investigation with an
accurate accounting of the date, nature,
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2805
and purpose of each disclosure and the
name and address of the person or
agency to which disclosure was made.
The release of such information to the
subject of an investigation would
provide the subject with significant
information concerning the nature of the
investigation and could result in the
altering or destruction of documentary
evidence, the improper influencing of
witnesses, and other activities that
could impede or compromise the
investigation.
(iii) Release to the individual of the
disclosure accounting would alert the
individual as to which agencies were
investigating the subject and the scope
of the investigation and could aid the
individual in impeding or
compromising investigations by those
agencies.
(2) 5 U.S.C. 552a(d), (e)(4)(G),
(e)(4)(H), and (f). These provisions of the
Privacy Act relate to an individual’s
right to be notified of the existence of
records pertaining to such individual;
requirements for identifying an
individual who requested access to
records, the agency procedures relating
to access to records and the content of
the information contained in such
records and the civil remedies available
to the individual in the event of adverse
determinations by an agency concerning
access to or amendment of information
contained in record systems. The
reasons for exempting this system of
records from the foregoing provisions
are as follows: To notify an individual
at the individual’s request of the
existence of an investigative file
pertaining to such individual or to grant
access to an investigative file pertaining
to such individual could interfere with
investigative and enforcement
proceedings; deprive co-defendants of a
right to a fair trial or an impartial
adjudication; constitute an unwarranted
invasion of the personal privacy of
others; disclose the identity of
confidential sources and reveal
confidential information supplied by
such sources; and, disclose investigative
techniques and procedures.
(3) 5 U.S.C. 552a(e)(1). This provision
of the Privacy Act requires each agency
to maintain in its records only such
information about an individual as is
relevant and necessary to accomplish a
purpose of the agency required to be
accomplished by statute or executive
order. The reasons for exempting this
system of records from the foregoing are
as follows:
(i) The IRS will limit the Anti-Money
Laundering/Bank Secrecy Act (BSA)
and Form 8300 Records to those
relevant and necessary for identifying,
monitoring, and responding to
E:\FR\FM\18JAR1.SGM
18JAR1
2806
Federal Register / Vol. 70, No. 11 / Tuesday, January 18, 2005 / Rules and Regulations
complaints, allegations and other
information received concerning
violations or potential violations of the
anti-money laundering provisions of
Title 31 and Title 26 laws. However, an
exemption from the foregoing is needed
because, particularly in the early stages
of an investigation, it is not possible to
determine the relevance or necessity of
specific information.
(ii) Relevance and necessity are
questions of judgment and timing. What
appears relevant and necessary when
first received may subsequently be
determined to be irrelevant or
unnecessary. It is only after the
information is evaluated that the
relevance and necessity of such
information can be established with
certainty.
(4) 5 U.S.C. 552a(e)(4)(I). This
provision of the Privacy Act requires the
publication of the categories of sources
of records in each system of records.
The reasons an exemption from this
provision has been claimed are as
follows:
(i) Revealing categories of sources of
information could disclose investigative
techniques and procedures;
(ii) Revealing categories of sources of
information could cause sources that
supply information to investigators to
refrain from giving such information
because of fear of reprisal, or fear of
breach of promises of anonymity and
confidentiality.
As required by Executive Order
12866, it has been determined that this
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 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 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 rule would not
impose new recordkeeping, application,
reporting, or other types of information
collection requirements.
List of Subjects in 31 CFR Part 1
Privacy.
VerDate jul<14>2003
10:35 Jan 14, 2005
Jkt 205001
Part 1, subpart C of title 31 of the Code
of Federal Regulations is amended as
follows:
I
PART 1—[AMENDED]
1. The authority citation for part 1
continues to read as follows:
I
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.
2. Section 1.36 paragraph (g)(1)(viii) is
amended by adding the following text to
the table in numerical order.
I
§ 1.36 Systems exempt in whole or in part
from provisions of 5 U.S.C. 522a and this
subpart.
*
*
(g) * *
(1) * *
(viii) *
*
*
*
* *
*
*
Name of
system
Number
*
*
*
*
*
IRS 42.031 ................ Anti-Money Laundering/Bank Secrecy Act BSA)
and Form 8300
Records.
*
*
*
*
*
*
*
*
*
*
Dated: December 22, 2004.
Arnold I. Havens,
General Counsel.
[FR Doc. 05–916 Filed 1–14–05; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD05–04–210]
RIN 1625–AA87
Security Zone; Potomac and Anacostia
Rivers, Washington, DC and Arlington
and Fairfax Counties, VA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary security zone
from January 14 through January 25,
2005, encompassing certain waters of
the Potomac and Anacostia Rivers. This
action is necessary to provide for the
security of persons and property, and
prevent terrorist acts or incidents during
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the 2005 Presidential Inauguration
activities in Washington, DC. This rule
prohibits vessels and persons from
entering the security zone and requires
vessels and persons in the security zone
to depart the security zone, unless
specifically exempt under the
provisions in this rule or granted
specific permission from the Coast
Guard Captain of the Port Baltimore.
DATES: This rule is effective from 4 a.m.
local time on January 14, 2005, through
10 p.m. local time on January 25, 2005.
ADDRESSES: Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in the docket, are part of
docket CGD05–04–210 and are available
for inspection or copying at Coast Guard
Activities Baltimore, Waterways
Management Branch, between 8 a.m.
and 3 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr.
Ronald Houck, at Coast Guard Activities
Baltimore, Waterways Management
Branch, at telephone number (410) 576–
2674 or (410) 576–2693.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On December 3, 2004, we published
a notice of proposed rulemaking
(NPRM) entitled ‘‘Security Zone;
Potomac and Anacostia Rivers,
Washington, DC and Arlington and
Fairfax Counties, Virginia’’ in the
Federal Register (69 FR 70211). We
received no letters commenting on the
proposed rule. No public meeting was
requested, and none was held.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Immediate action is needed to
protect the public from waterborne acts
of sabotage or terrorism. Any delay in
the effective date of this rule is
impractical and contrary to the public
interest.
Background and Purpose
The U.S. Maritime Administration
(MARAD) in Advisory 02–07 advised
U.S. shipping interests to maintain a
heightened state of alert against possible
terrorist attacks. MARAD more recently
issued Advisory 03–06 informing
operators of maritime interests of
increased threat possibilities to vessels
and facilities and a higher risk of
terrorist attack to the transportation
community in the United States. The
ongoing hostilities in Afghanistan and
Iraq have made it prudent for U.S. ports
and waterways to be on a higher state
of alert because the al Qaeda
E:\FR\FM\18JAR1.SGM
18JAR1
]]>Agencies
[Federal Register Volume 70, Number 11 (Tuesday, January 18, 2005)]
[Rules and Regulations]
[Pages 2805-2806]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-916]
=======================================================================
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DEPARTMENT OF THE TREASURY
31 CFR Part 1
Privacy Act of 1974; Implementation
AGENCY: Internal Revenue Service, Treasury.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In accordance with the requirements of the Privacy Act of
1974, as amended, the Department of the Treasury exempts a new Internal
Revenue Service (IRS) system of records entitled ``IRS 42.031--Anti-
Money Laundering/Bank Secrecy Act (BSA) and Form 8300 Records'' from
certain provisions of the Privacy Act.
EFFECTIVE DATE: January 18, 2005.
FOR FURTHER INFORMATION CONTACT: IRS National Anti-Money Laundering
Program Manager, S: C: CP: RE: AML, 19th Floor, 1601 Market Street,
Philadelphia, PA 19106, phone (215) 861-1547.
SUPPLEMENTARY INFORMATION: The IRS published a notice of proposed
rulemaking on April 30, 2004 at 69 FR 23705-23706 exempting the new
system of records from certain provisions of the Privacy Act of 1974,
as amended. The IRS published the proposed system notice in its
entirety at 69 FR 23854 on April 30, 2004. No comments were received by
the IRS.
Under 5 U.S.C. 552a(k)(2), the head of an agency may promulgate
rules to exempt any system of records within the agency from certain
provisions of the Privacy Act if the system is investigatory material
compiled for law enforcement purposes. The exemption is from provisions
552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f)
because the system contains investigatory material compiled for law
enforcement purposes. The following are the reasons why this system of
records maintained by the IRS is exempt pursuant to 5 U.S.C. 552a(k)(2)
of the Privacy Act of 1974.
(1) 5 U.S.C. 552a(c)(3). This provision of the Privacy Act provides
for the release of the disclosure accounting required by 5 U.S.C.
552a(c) (1) and (2) to the individual named in the record at his/her
request. The reasons for exempting this system of records from the
foregoing provision is:
(i) The release of disclosure accounting would put the subject of
an investigation on notice that an investigation exists and that such
person is the subject of that investigation.
(ii) Such release would provide the subject of an investigation
with an accurate accounting of the date, nature, and purpose of each
disclosure and the name and address of the person or agency to which
disclosure was made. The release of such information to the subject of
an investigation would provide the subject with significant information
concerning the nature of the investigation and could result in the
altering or destruction of documentary evidence, the improper
influencing of witnesses, and other activities that could impede or
compromise the investigation.
(iii) Release to the individual of the disclosure accounting would
alert the individual as to which agencies were investigating the
subject and the scope of the investigation and could aid the individual
in impeding or compromising investigations by those agencies.
(2) 5 U.S.C. 552a(d), (e)(4)(G), (e)(4)(H), and (f). These
provisions of the Privacy Act relate to an individual's right to be
notified of the existence of records pertaining to such individual;
requirements for identifying an individual who requested access to
records, the agency procedures relating to access to records and the
content of the information contained in such records and the civil
remedies available to the individual in the event of adverse
determinations by an agency concerning access to or amendment of
information contained in record systems. The reasons for exempting this
system of records from the foregoing provisions are as follows: To
notify an individual at the individual's request of the existence of an
investigative file pertaining to such individual or to grant access to
an investigative file pertaining to such individual could interfere
with investigative and enforcement proceedings; deprive co-defendants
of a right to a fair trial or an impartial adjudication; constitute an
unwarranted invasion of the personal privacy of others; disclose the
identity of confidential sources and reveal confidential information
supplied by such sources; and, disclose investigative techniques and
procedures.
(3) 5 U.S.C. 552a(e)(1). This provision of the Privacy Act requires
each agency to maintain in its records only such information about an
individual as is relevant and necessary to accomplish a purpose of the
agency required to be accomplished by statute or executive order. The
reasons for exempting this system of records from the foregoing are as
follows:
(i) The IRS will limit the Anti-Money Laundering/Bank Secrecy Act
(BSA) and Form 8300 Records to those relevant and necessary for
identifying, monitoring, and responding to
[[Page 2806]]
complaints, allegations and other information received concerning
violations or potential violations of the anti-money laundering
provisions of Title 31 and Title 26 laws. However, an exemption from
the foregoing is needed because, particularly in the early stages of an
investigation, it is not possible to determine the relevance or
necessity of specific information.
(ii) Relevance and necessity are questions of judgment and timing.
What appears relevant and necessary when first received may
subsequently be determined to be irrelevant or unnecessary. It is only
after the information is evaluated that the relevance and necessity of
such information can be established with certainty.
(4) 5 U.S.C. 552a(e)(4)(I). This provision of the Privacy Act
requires the publication of the categories of sources of records in
each system of records. The reasons an exemption from this provision
has been claimed are as follows:
(i) Revealing categories of sources of information could disclose
investigative techniques and procedures;
(ii) Revealing categories of sources of information could cause
sources that supply information to investigators to refrain from giving
such information because of fear of reprisal, or fear of breach of
promises of anonymity and confidentiality.
As required by Executive Order 12866, it has been determined that
this 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
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 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 rule
would not impose new recordkeeping, 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.
0
2. Section 1.36 paragraph (g)(1)(viii) is amended by adding the
following text to the table in numerical order.
Sec. 1.36 Systems exempt in whole or in part from provisions of 5
U.S.C. 522a and this subpart.
* * * * *
(g) * * *
(1) * * *
(viii) * * *
------------------------------------------------------------------------
Number Name of system
------------------------------------------------------------------------
* * * * *
IRS 42.031................................ Anti-Money Laundering/Bank
Secrecy Act BSA) and Form
8300 Records.
* * * * *
------------------------------------------------------------------------
* * * * *
Dated: December 22, 2004.
Arnold I. Havens,
General Counsel.
[FR Doc. 05-916 Filed 1-14-05; 8:45 am]
BILLING CODE 4830-01-P
