Privacy Act; Implementation, 15671-15672 [E8-5980]
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15671
Federal Register / Vol. 73, No. 58 / Tuesday, March 25, 2008 / Rules and Regulations
pwalker on PROD1PC71 with RULES
all copies or notes made, to the IRS, or
to the extent that it cannot be returned,
by destroying the information in a
manner consistent with security
guidelines and other safeguards for
protecting return information in
guidance published by the IRS.
(4) If the IRS determines that any
whistleblower, or the legal
representative of a whistleblower, who
has access to return information under
this section, has failed to, or does not,
satisfy the prescribed requirements, the
IRS, using the procedures described in
the regulations under section 6103(p)(7),
may take any action it deems necessary
to ensure that the prescribed
requirements are or will be satisfied,
including—
(i) Suspension of further disclosures
of return information by the IRS to the
whistleblower and, if applicable, the
legal representative of the
whistleblower, until the IRS determines
that the conditions and requirements
have been or will be satisfied; and
(ii) Suspension or termination of any
duty or obligation arising under a
contract with the IRS.
(e) Definitions. For purposes of this
section—
(1) The term Treasury Department
includes the IRS and the Office of the
Chief Counsel for the IRS.
(2) The term whistleblower means an
individual who provides information to
the IRS regarding violations of the tax
laws or related statutes and submits a
claim for an award under section 7623
with respect to the information.
(3) The term legal representative
means any individual who is a member
in good standing in the bar of the
highest court of any state, possession,
territory, commonwealth, or the District
of Columbia, and who has a written
power of attorney executed by the
whistleblower.
(f) Effective/applicability date. This
section is applicable on March 25, 2008.
(g) Expiration date. This section will
expire on March 24, 2011.
Linda E. Stiff,
Deputy Commissioner for Services and
Enforcement.
Approved: March 12, 2008.
Eric Solomon,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. E8–6067 Filed 3–24–08; 8:45 am]
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DEPARTMENT OF THE TREASURY
Office of the Secretary
31 CFR Part 1
Privacy Act; Implementation
Office of the Secretary,
Treasury.
ACTION: Final rule.
AGENCY:
SUMMARY: In accordance with the
requirements of the Privacy Act of 1974,
as amended, the Department of the
Treasury gives notice of a final rule to
exempt an Internal Revenue Service
system of records entitled ‘‘Treasury/
IRS 42.002—Excise Compliance
Programs’’ from certain provisions of
the Privacy Act.
DATES: Effective Date: March 25, 2008.
FOR FURTHER INFORMATION CONTACT:
Telephonic inquiries should be directed
to David Silverman, Tax Law Specialist,
Internal Revenue Service at (202) 283–
7382.
SUPPLEMENTARY INFORMATION: The
Department of the Treasury published a
notice of a proposed rule exempting a
system of records from certain
provisions of the Privacy Act of 1974, as
amended. The Internal Revenue Service
(IRS) published the Privacy Act system
of records notice in its entirety on
November 8, 2006, at 71 FR 65570, and
the proposed rule on November 9, 2006
at 71 FR 65763.
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 of 1974, as amended, if the
system is investigatory material
compiled for law enforcement purposes.
Treasury/IRS 42.002—Excise
Compliance Programs contains
investigatory material compiled for law
enforcement purposes.
The proposed rule requested that
public comments be sent to the Office
of Governmental Liaison and
Disclosure, 1111 Constitution Avenue,
NW, Washington, DC 20224, no later
than December 11, 2006.
The IRS did not receive comments on
the proposed rule. Accordingly, the
Department of the Treasury is hereby
giving notice that the system of records
entitled ‘‘Treasury/IRS 42.002—Excise
Compliance Programs’’ is exempt from
certain provisions of the Privacy Act.
The provisions of the Privacy Act
from which the system of records is
exempt pursuant to 5 U.S.C. 552a(k)(2)
are as follows: 5 U.S.C. 552a(c)(3),
(d)(1), (2), (3) and (4), (e)(1), (e)(4)(G),
(e)(4)(H) and (e)(4)(I), and (f).
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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.
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
part.
*
*
(g) * *
(1) * *
(viii) *
*
*
*
* *
*
*
System No.
*
*
IRS 42.002 ....
*
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*
25MRR1
Name of system
*
*
*
Excise Compliance Programs.
*
*
*
15672
Federal Register / Vol. 73, No. 58 / Tuesday, March 25, 2008 / Rules and Regulations
Dated: March 11, 2008.
Peter B. McCarthy,
Assistant Secretary for Management and
Chief Financial Officer.
[FR Doc. E8–5980 Filed 3–24–08; 8:45 am]
form. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov or in hard copy at
the Air Programs Branch, U.S.
Environmental Protection Agency,
Region 2, 290 Broadway, 25th Floor,
New York, New York 10007–1866. To
make your visit as productive as
possible, contact the person listed in the
BILLING CODE 4830–01–P
ENVIRONMENTAL PROTECTION
AGENCY
FOR FURTHER INFORMATION CONTACT
40 CFR Part 52
[EPA–R02–OAR–2008–0078; FRL–8546–2]
Determinations of Attainment of the
Eight-Hour Ozone Standard for Various
Ozone Nonattainment Areas in Upstate
New York State
Environmental Protection
Agency (EPA).
ACTION: Final rule.
pwalker on PROD1PC71 with RULES
AGENCY:
SUMMARY: The EPA is determining that
three ozone nonattainment areas in New
York, the Albany-Schenectady-Troy,
Jefferson County and Rochester areas,
have attained the 8-hour National
Ambient Air Quality Standard (NAAQS)
for ozone. This determination is based
upon certified ambient air monitoring
data that show each area has monitored
attainment of the 8-hour ozone NAAQS
based on complete, quality-assured
ambient air monitoring data for the
three year period ending in 2006. In
addition, data for 2007 show that the
areas continue to attain the standard.
This determination suspends any
applicable requirements for these areas
to submit an attainment demonstration,
a reasonable further progress plan,
contingency measures, and other
planning State Implementation Plans
related to attainment of the 8-hour
ozone NAAQS. These requirements
shall remain suspended for so long as
these areas continue to attain the ozone
NAAQS. New York proposed that Essex
County had also attained the 8-hour
ozone standard, but because of
incomplete data, a determination of
attainment cannot be made at this time.
DATES: Effective Date: This rule is
effective on March 25, 2008.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R02–OAR–
2008–0078. All documents in the docket
are listed on the https://
www.regulations.gov Web site. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
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section to schedule your inspection. The
Regional Office’s official hours of
business are Monday through Friday,
8:30 to 4:30, excluding legal holidays.
FOR FURTHER INFORMATION CONTACT:
Robert F. Kelly, Air Programs Branch,
Environmental Protection Agency,
Region 2, 290 Broadway, 25th Floor,
New York, New York 10007–1866,
telephone number (212) 637–4249, fax
number (212) 637–3901, e-mail
kelly.bob@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. EPA’s Action
II. The Effect of EPA’s Action
III. The Effective Date of EPA’s Action
IV. Final Action
V. Statutory and Executive Order Reviews
I. EPA’s Action
EPA is determining that the AlbanySchenectady-Troy, Jefferson County and
Rochester 8-hour ozone nonattainment
areas have attained the 8-hour National
Ambient Air Quality Standard (NAAQS)
for ozone. These determinations are
based upon certified ambient air
monitoring data that show the areas
have monitored attainment of the ozone
NAAQS for the three-year period from
2004 to 2006. In addition, based on
quality controlled and quality assured
ozone data, these areas continued to
attain the ozone NAAQS in 2007, the
most recent year of data available. All
these data are available in the EPA Air
Quality System (AQS) database. Essex
County did not have enough complete
data to make a determination of
attainment at this time.
Other specific requirements of the
determination and the rationale for
EPA’s proposed action are explained in
the Notice of Proposed Rulemaking
(NPR) published on February 14, 2008
(73 FR 8638) and will not be restated
here. No public comments were
received on the NPR.
II. The Effect of EPA’s Action
Under the provisions of EPA’s ozone
implementation rule (see 40 CFR
51.918), this determination suspends
the requirements for the AlbanySchenectady-Troy, Jefferson County and
Rochester ozone nonattainment areas to
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submit an attainment demonstration, a
reasonable further progress plan, section
172(c)(9) contingency measures, and
any other planning State
Implementation Plans (SIPs) related to
attainment of the 8-hour ozone NAAQS
for so long as these areas continue to
attain the ozone NAAQS.
This action does not constitute a
redesignation to attainment under Clean
Air Act (CAA) section 107(d)(3),
because these areas do not have
approved maintenance plans as required
under section 175A of the CAA, nor are
there determinations that the areas have
met the other requirements for
redesignation. The classification and
designation status of these areas will not
change from nonattainment for the 8hour ozone NAAQS until such time as
EPA determines that they meet the CAA
requirements for redesignation to
attainment.
If EPA subsequently determines, after
notice-and-comment rulemaking in the
Federal Register, that any of these areas
has violated the current 8-hour ozone
standard, the basis for the suspension of
these requirements would no longer
exist for that area, and the area that
violated the 8-hour standard would
have to address the pertinent
requirements.
III. The Effective Date of EPA’s Action
EPA finds that there is good cause for
this approval to become effective on the
date of publication of this action in the
Federal Register, because a delayed
effective date is unnecessary due to the
nature of the approval. The expedited
effective date for this action is
authorized under both 5 U.S.C.
553(d)(1), which provides that rule
actions may become effective less than
30 days after publication if the rule
‘‘grants or recognizes an exemption or
relieves a restriction’’ and 5 U.S.C.
553(d)(3), which allows an effective date
less than 30 days after publication ‘‘as
otherwise provided by the agency for
good cause found and published with
the rule.’’ As noted above, this
determination of attainment suspends
the requirements for New York to
submit attainment demonstrations,
reasonable further progress plans,
section 172(c)(9) contingency measures,
and any other planning SIPs related to
attainment of the 8-hour ozone NAAQS
in each of these areas for so long as an
area continues to attain the ozone
NAAQS. The suspension of these
requirements is sufficient reason to
allow an expedited effective date of this
rule under 5 U.S.C. 553(d)(1). In
addition, New York’s suspension from
these requirements provides good cause
to make this rule effective on the date
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]]>Agencies
[Federal Register Volume 73, Number 58 (Tuesday, March 25, 2008)]
[Rules and Regulations]
[Pages 15671-15672]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-5980]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Office of the Secretary
31 CFR Part 1
Privacy Act; Implementation
AGENCY: Office of the Secretary, Treasury.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In accordance with the requirements of the Privacy Act of
1974, as amended, the Department of the Treasury gives notice of a
final rule to exempt an Internal Revenue Service system of records
entitled ``Treasury/IRS 42.002--Excise Compliance Programs'' from
certain provisions of the Privacy Act.
DATES: Effective Date: March 25, 2008.
FOR FURTHER INFORMATION CONTACT: Telephonic inquiries should be
directed to David Silverman, Tax Law Specialist, Internal Revenue
Service at (202) 283-7382.
SUPPLEMENTARY INFORMATION: The Department of the Treasury published a
notice of a proposed rule exempting a system of records from certain
provisions of the Privacy Act of 1974, as amended. The Internal Revenue
Service (IRS) published the Privacy Act system of records notice in its
entirety on November 8, 2006, at 71 FR 65570, and the proposed rule on
November 9, 2006 at 71 FR 65763.
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 of 1974, as amended, if the system is
investigatory material compiled for law enforcement purposes. Treasury/
IRS 42.002--Excise Compliance Programs contains investigatory material
compiled for law enforcement purposes.
The proposed rule requested that public comments be sent to the
Office of Governmental Liaison and Disclosure, 1111 Constitution
Avenue, NW, Washington, DC 20224, no later than December 11, 2006.
The IRS did not receive comments on the proposed rule. Accordingly,
the Department of the Treasury is hereby giving notice that the system
of records entitled ``Treasury/IRS 42.002--Excise Compliance Programs''
is exempt from certain provisions of the Privacy Act.
The provisions of the Privacy Act from which the system of records
is exempt pursuant to 5 U.S.C. 552a(k)(2) are as follows: 5 U.S.C.
552a(c)(3), (d)(1), (2), (3) and (4), (e)(1), (e)(4)(G), (e)(4)(H) and
(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.
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 part.
* * * * *
(g) * * *
(1) * * *
(viii) * * *
------------------------------------------------------------------------
System No. Name of system
------------------------------------------------------------------------
* * * * *
IRS 42.002........................... Excise Compliance Programs.
* * * * *
------------------------------------------------------------------------
[[Page 15672]]
Dated: March 11, 2008.
Peter B. McCarthy,
Assistant Secretary for Management and Chief Financial Officer.
[FR Doc. E8-5980 Filed 3-24-08; 8:45 am]
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