Privacy Act Regulations, 16806-16807 [E8-6551]
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16806
Federal Register / Vol. 73, No. 62 / Monday, March 31, 2008 / Proposed Rules
(15) Proceed generally east on the
unnamed road known locally as Bayne’s
Road 2 miles to its intersection with
North Carolina State Highway 119 at
Baynes in Caswell County; then
(16) Proceed generally southsoutheast along North Carolina State
Highway 119 approximately 1.7 miles to
its intersection with the Caswell County
line; then
(17) Proceed straight east along the
Caswell County line 4.3 miles to the
beginning point.
Signed: March 1, 2008.
John J. Manfreda,
Administrator.
[FR Doc. E8–6508 Filed 3–28–08; 8:45 am]
BILLING CODE 4810–31–P
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
29 CFR Part 1611
Privacy Act Regulations
Equal Employment
Opportunity Commission.
ACTION: Proposed rule.
jlentini on PROD1PC65 with PROPOSALS
AGENCY:
SUMMARY: The Equal Employment
Opportunity Commission is proposing
to revise 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: Written comments on the
proposed rule must be received on or
before May 30, 2008. The Commission
proposes to consider any comments
received and thereafter adopt final
regulations.
ADDRESSES: Written comments should
be submitted to Stephen Llewellyn,
Executive Officer, Equal Employment
Opportunity Commission, 1801 L Street,
NW., Washington, DC 20507. As a
convenience to commentators, the
Executive Secretariat will accept
comments transmitted by facsimile
(‘‘FAX’’) machine. The telephone
number of the FAX receiver is (202)
663–4114. (This is not a toll-free
number.) Only comments of six or fewer
pages will be accepted via FAX
transmittal. This limitation is necessary
to assure access to the equipment.
Receipt of FAX transmittals will not be
acknowledged, except that the sender
may request confirmation of receipt by
calling the Executive Secretariat staff at
(202) 663–4070 (voice) or (202) 663–
4074 (TTD). (These are not toll-free
telephone numbers.) You may also
submit comments and attachments
electronically at https://
VerDate Aug<31>2005
16:12 Mar 28, 2008
Jkt 214001
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions online for submitting
comments. Copies of comments
submitted by the public will be
available to review at the Commission’s
library, Room 6502, 1801 L Street, NW.,
Washington, DC 20507 between the
hours of 9:30 a.m. and 5 p.m. or can be
reviewed at https://www.regulations.gov.
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
proposes to add 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 also proposes to
amend sections 1611.5(a)(5) and
1611.5(b) to conform them to the
addition of the new exemption.
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 costbenefit 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.
PO 00000
Frm 00028
Fmt 4702
Sfmt 4702
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: March 25, 2008.
For the Commission,
Naomi C. Earp,
Chair.
Accordingly, it is proposed to amend
chapter XIV of title 29 of the Code of
Federal Regulations as follows:
PART 1611—PRIVACY ACT
REGULATIONS
1. The authority citation for part 1611
continues to read as follows:
Authority: 5 U.S.C. 552a.
2. In § 1611.5, revise paragraphs (a)(5)
and (b) to read as follows:
§ 1611.5 Disclosure of requested
information to individuals.
(a) * * *
(5) The Commission shall not deny
any request under § 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
U.S.C. 552a in §§ 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
E:\FR\FM\31MRP1.SGM
31MRP1
Federal Register / Vol. 73, No. 62 / Monday, March 31, 2008 / Proposed Rules
requirements of 5 U.S.C. 552a in
§§ 1611.13, 1611.14, or 1611.15.
*
*
*
*
*
3. Section 1611.15 is added to read as
follows:
§ 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. E8–6551 Filed 3–28–08; 8:45 am]
BILLING CODE 6570–01–P
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
29 CFR Part 1625
RIN 3046–AA76
Disparate Impact Under the Age
Discrimination in Employment Act
Equal Employment
Opportunity Commission.
ACTION: Notice of proposed rulemaking.
jlentini on PROD1PC65 with PROPOSALS
AGENCY:
SUMMARY: The Equal Employment
Opportunity Commission (‘‘EEOC’’ or
‘‘Commission’’) is issuing this notice of
proposed rulemaking (‘‘NPRM’’) to
address issues related to the United
States Supreme Court’s decision in
Smith v. City of Jackson. The Court
ruled that disparate impact claims are
cognizable under the Age
Discrimination in Employment Act
(‘‘ADEA’’) but that liability is precluded
when the impact is attributable to a
reasonable factor other than age. Current
EEOC regulations interpret the ADEA as
prohibiting an employment practice that
has a disparate impact on individuals
within the protected age group unless it
is justified as a business necessity.
DATES: Comments must be received on
or before May 30, 2008. The
Commission will consider any
comments received on or before the
closing date and thereafter adopt final
regulations. Comments received after
VerDate Aug<31>2005
16:12 Mar 28, 2008
Jkt 214001
the closing date will be considered to
the extent practicable.
ADDRESSES: You may submit comments
by any of the following methods:
• By mail to Stephen Llewellyn,
Executive Officer, Executive Secretariat,
Equal Employment Opportunity
Commission, 1801 L Street, NW.,
Washington, DC 20507.
• By facsimile (‘‘FAX’’) machine to
(202) 663–4114. (There is no toll free
FAX number). Only comments of six or
fewer pages will be accepted via FAX
transmittal, in order to assure access to
the equipment. Receipt of FAX
transmittals will not be acknowledged,
except that the sender may request
confirmation of receipt by calling the
Executive Secretariat staff at (202) 663–
4070 (voice) or (202) 663–4074 (TTY).
(These are not toll free numbers).
• By the Federal eRulemaking Portal:
https://www.regulations.gov. After
accessing this web site, follow its
instructions for submitting comments.
Instructions: All comment
submissions must include the agency
name and docket number or the
Regulatory Information Number (RIN)
for this rulemaking. Comments need be
submitted in only one of the abovelisted formats, not all three. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information you provide.
Copies of the received comments also
will be available for inspection in the
EEOC Library, FOIA Reading Room, by
advanced appointment only, from 9 a.m.
to 5 p.m., Monday through Friday
except legal holidays, from May 30,
2008 until the Commission publishes
the rule in final form. Persons who
schedule an appointment in the EEOC
Library, FOIA Reading Room, and need
assistance to view the comments will be
provided with appropriate aids upon
request, such as readers or print
magnifiers. To schedule an appointment
to inspect the comments at the EEOC
Library, FOIA Reading Room, contact
the EEOC Library by calling (202) 663–
4630 (voice) or (202) 663–4641 (TTY).
(These are not toll free numbers).
FOR FURTHER INFORMATION CONTACT:
Dianna B. Johnston, Assistant Legal
Counsel, or Lyn J. McDermott, Senior
Attorney-Advisor, at (202) 663–4638
(voice) or (202) 663–7026 (TTY). (These
are not toll free numbers). This notice
also is available in the following
formats: large print, Braille, audio tape
and electronic file on computer disk.
Requests for this notice in an alternative
format should be made to the
Publications Information Center at 1–
PO 00000
Frm 00029
Fmt 4702
Sfmt 4702
16807
800–669–3362 (voice) or 1–800–800–
3302 (TTY).
SUPPLEMENTARY INFORMATION: In Smith
v. City of Jackson, 544 U.S. 228 (2005),
the United States Supreme Court held
that the ADEA authorizes recovery for
disparate impact claims of
discrimination. This holding validated
the Commission’s longstanding rule that
disparate impact analysis applies in
ADEA cases. The Court also held that
the ‘‘reasonable factors other than age’’
(‘‘RFOA’’) test, rather than the businessnecessity test, is the appropriate
standard for determining the lawfulness
of a practice that disproportionately
affects older individuals. This ruling
differs from the EEOC’s position that an
employment practice that had a
disparate impact on individuals within
the protected age group could not be a
reasonable factor other than age unless
it was justified as a business necessity.
The Commission proposes to amend its
regulation to reflect the Supreme Court’s
decision.
Smith v. City of Jackson
The Smith plaintiffs, senior police
and public safety officers, alleged that
the defendant City’s pay plan had a
disparate impact on older workers
because it gave proportionately larger
pay increases to newer officers than to
more senior officers. Older officers, who
tended to hold senior positions, on
average received raises that represented
a smaller percentage of their salaries
than did the raises given to younger
officers. The City explained that, after a
survey of salaries in comparable
communities, it raised the junior
officers’ salaries to make them
competitive with those for comparable
positions in the region. 544 U.S. at 241–
42.
The Fifth Circuit Court of Appeals
dismissed the plaintiffs’ disparate
impact claim on the ground that such
claims ‘‘are categorically unavailable
under the ADEA.’’ Id. at 231. The
Supreme Court disagreed and ruled that
plaintiffs may challenge facially neutral
employment practices under the ADEA.
Id. at 233–40. The Court also ruled,
however, that the ‘‘scope of disparateimpact liability under the ADEA is
narrower than under Title VII’’ of the
Civil Rights Act of 1964, 42 U.S.C.
2000e et seq.1 544 U.S. at 240.
1 Title VII prohibits employment discrimination
based on race, color, religion, sex, and national
origin. In Griggs v. Duke Power Co., 401 U.S. 424
(1971), the Supreme Court first recognized the
disparate impact theory of discrimination under
Title VII. The Court held that Title VII prohibits not
only intentional discrimination but also
employment practices that, because they have a
E:\FR\FM\31MRP1.SGM
Continued
31MRP1
Agencies
[Federal Register Volume 73, Number 62 (Monday, March 31, 2008)]
[Proposed Rules]
[Pages 16806-16807]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-6551]
=======================================================================
-----------------------------------------------------------------------
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
29 CFR Part 1611
Privacy Act Regulations
AGENCY: Equal Employment Opportunity Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Equal Employment Opportunity Commission is proposing to
revise 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: Written comments on the proposed rule must be received on or
before May 30, 2008. The Commission proposes to consider any comments
received and thereafter adopt final regulations.
ADDRESSES: Written comments should be submitted to Stephen Llewellyn,
Executive Officer, Equal Employment Opportunity Commission, 1801 L
Street, NW., Washington, DC 20507. As a convenience to commentators,
the Executive Secretariat will accept comments transmitted by facsimile
(``FAX'') machine. The telephone number of the FAX receiver is (202)
663-4114. (This is not a toll-free number.) Only comments of six or
fewer pages will be accepted via FAX transmittal. This limitation is
necessary to assure access to the equipment. Receipt of FAX
transmittals will not be acknowledged, except that the sender may
request confirmation of receipt by calling the Executive Secretariat
staff at (202) 663-4070 (voice) or (202) 663-4074 (TTD). (These are not
toll-free telephone numbers.) You may also submit comments and
attachments electronically at https://www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the instructions online for
submitting comments. Copies of comments submitted by the public will be
available to review at the Commission's library, Room 6502, 1801 L
Street, NW., Washington, DC 20507 between the hours of 9:30 a.m. and 5
p.m. or can be reviewed at https://www.regulations.gov.
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
proposes to add 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 also proposes
to amend sections 1611.5(a)(5) and 1611.5(b) to conform them to the
addition of the new exemption.
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: March 25, 2008.
For the Commission,
Naomi C. Earp,
Chair.
Accordingly, it is proposed to amend chapter XIV of title 29 of the
Code of Federal Regulations as follows:
PART 1611--PRIVACY ACT REGULATIONS
1. The authority citation for part 1611 continues to read as
follows:
Authority: 5 U.S.C. 552a.
2. In Sec. 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 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
[[Page 16807]]
requirements of 5 U.S.C. 552a in Sec. Sec. 1611.13, 1611.14, or
1611.15.
* * * * *
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. E8-6551 Filed 3-28-08; 8:45 am]
BILLING CODE 6570-01-P