Privacy Act Regulations, 61354-61355 [E8-24608]

Download as PDF 61354 Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Rules and Regulations Authority: 29 U.S.C. 1301(a), 1302(b)(3), 1341, 1344, 1362. PART 4044—ALLOCATION OF ASSETS IN SINGLE-EMPLOYER PLANS Appendix B to Part 4044—Interest Rates Used To Value Benefits 5. In appendix B to part 4044, a new entry for November 2008, as set forth below, is added to the table. * ■ 4. The authority citation for part 4044 continues to read as follows: ■ * * * * The values of it are: For valuation dates occurring in the month— for t = * * * November 2008 ................................................................ Issued in Washington, DC, on this 9th day of October 2008. Vincent K. Snowbarger, Deputy Director for Operations,Pension Benefit Guaranty Corporation. [FR Doc. E8–24651 Filed 10–15–08; 8:45 am] BILLING CODE 7709–01–P it for t = 1–20 it * .0616 >20 * .0709 Individuals with disabilities can obtain this document in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the contact person listed under FOR FURTHER INFORMATION CONTACT. On May 8, 2008 the Secretary published a notice of proposed rulemaking (NPRM) for this part in the Federal Register (73 FR 26056). In the summary to the NPRM, on pages 26056 and 26507, the Secretary discussed how the proposed regulations would amend the Department’s Privacy Act regulations to exempt from certain Privacy Act requirements investigative material in a new system of records. The new system of records is the Office of Inspector General Data Analytics System (ODAS) and the exemption would apply to materials compiled by the Office of Inspector General (OIG) for law enforcement purposes. There are no differences between the NPRM and these final regulations. SUPPLEMENTARY INFORMATION: DEPARTMENT OF EDUCATION 34 CFR Part 5b RIN 1880–AA85 [Docket ID ED, ED–2008–OM–0004] Privacy Act Regulations Office of Management, Department of Education. ACTION: Final regulations. rwilkins on PROD1PC63 with NOTICES AGENCY: SUMMARY: The Secretary amends the regulations implementing the Privacy Act of 1974, as amended (Privacy Act). These changes are intended to exempt from certain Privacy Act requirements investigative material in a new system of records maintained by the Department that will be known as the Office of Inspector General Data Analytics System (ODAS) (18–10–02). Specifically, the exemption applies to materials compiled by the Department’s Office of Inspector General (OIG) for law enforcement purposes to identify internal control weaknesses and system issues and to improve methods of data modeling and annual audit planning in order to detect and investigate fraud, waste, and mismanagement in Department programs and operations. DATES: These regulations are effective November 17, 2008. FOR FURTHER INFORMATION CONTACT: Shelley Shepherd, Office of Inspector General, U.S. Department of Education, 400 Maryland Avenue, SW., room 8166, Washington, DC 20202–5920. Telephone: (202) 245–7077. If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service (FRS) at 1–800–877–8339. VerDate Aug<31>2005 16:18 Oct 15, 2008 Jkt 217001 Analysis of Comments and Changes In response to the Secretary’s invitation in the NPRM, the Department received no comments on the proposed regulations. Executive Order 12866 We have reviewed these final regulations in accordance with Executive Order 12866. Under the terms of the order we have assessed the potential costs and benefits of this regulatory action. The potential costs associated with the final regulations are those resulting from statutory requirements and those we have determined to be necessary for administering this program effectively and efficiently. In assessing the potential costs and benefits—both quantitative and qualitative—of these final regulations, we have determined that the benefits of the regulations justify the costs. We have also determined that this regulatory action does not unduly PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 for t = it * * N/A N/A interfere with State, local, and tribal governments in the exercise of their governmental functions. We summarized the potential costs and benefits of these final regulations in the NPRM at 73 FR 26058. Paperwork Reduction Act of 1995 These regulations do not contain any information collection requirements. Electronic Access to This Document You can view this document, as well as all other documents of this Department published in the Federal Register, in text and Adobe Portable Document Format (PDF) on the Internet at the following site: http://www.ed.gov/ news/fedregister. To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1– 888–293–6498; or in the Washington, DC area at (202) 512–1530. Note: The official version of this document is the document published in the Federal Register. Free Internet access to the official edition of the Federal Register and the Code of Federal Regulations is available on GPO Access at: http://www.gpoaccess.gov/nara/ index.html. (Catalog of Federal Domestic Assistance Number does not apply.) Dated: October 10, 2008. Christopher P. Marston, Assistant Secretary for Management. For the reasons discussed in the preamble, the Secretary amends Part 5b of title 34 of the Code of Federal Regulations as follows: ■ PART 5b—PRIVACY ACT REGULATIONS 1. The authority citation for part 5b continues to read as follows: ■ Authority: 5 U.S.C. 301, 5 U.S.C. 552a. 2. Section 5b.11 is amended by revising paragraph (c)(1) introductory text to read as follows: ■ E:\FR\FM\16OCR1.SGM 16OCR1 Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Rules and Regulations § 5b.11 Exempt systems. the Federal Register, May 9, 2008 (Vol. 73, No. 91, pages 26353–26355). Comments: No comments were received on the revised proposed rule. 2. Revise the following sections of Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM), as follows: 9.3 Refund Request for Postage Evidencing Systems and Metered Postage * * * * * (c) Specific systems of records exempted under (k)(2). (1) The Department exempts the Investigative Files of the Inspector General ED/OIG (18–10–01), the Hotline Complaint Files of the Inspector General ED/OIG (18– 10–04), and the Office of Inspector General Data Analytics System (ODAS) (18–10–02) from the following provisions of 5 U.S.C. 552a and this part to the extent that these systems of records consist of investigatory material and complaints that may be included in investigatory material compiled for law enforcement purposes: * * * * * requests for refunds for undated metered postage under 9.3. The authorized user may appeal an adverse ruling within 30 days through the manager, business mail entry, or designee, to the Pricing and Classification Service Center (PCSC) manager who issues the final agency decision. The original meter indicia must be submitted with the appeal. [Revise item d as follows:] d. PC Postage systems under 9.3. The system provider grants or denies a request for a refund for indicia printed by PC Postage systems under 9.3 using established USPS criteria. The authorized user may appeal an adverse ruling within 30 days through the manager, Postage Technology Management, USPS Headquarters, who issues the final agency decision. The original indicia must be submitted with the appeal. * * * * * Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM) * 9.3.1 Unused Postage Value in Postage Evidencing Systems [Revise 9.3.1 to restrict refunds to amounts of $25.00 or more and to change ‘‘licensee’’ to ‘‘authorized user’’ as follows:] The unused postage value remaining in a postage evidencing system when withdrawn from service may be refunded, depending upon the circumstance and the ability of the USPS to make a responsible determination of the actual or approximate amount of the unused postage value. If the postage evidencing system is withdrawn because of faulty operation, a final postage adjustment or refund will be withheld pending the system provider’s report of the cause to the USPS and the USPS determination of whether or not a refund is appropriate and, if so, the amount of the refund. No refund is given for faulty operation caused by the authorized user. When a postage evidencing system that is damaged by fire, flood, or similar disaster is returned to the provider, postage may be refunded or transferred when the registers are legible and accurate, or the register values can be reconstructed by the provider based on adequate supporting documentation. When the damaged system is not available for return, postage may be refunded or transferred only if the provider can accurately determine the remaining postage value based on adequate supporting documentation. The authorized user may be required to provide a statement on the cause of the List of Subjects in 39 CFR Part 111 Administrative practice and procedure, Postal Service. ■ Accordingly, 39 CFR Part 111 is amended as follows: PART 111—[AMENDED] 1. The authority citation for 39 CFR Part 111 continues to read as follows: ■ [FR Doc. E8–24608 Filed 10–15–08; 8:45 am] Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 401, 403, 404, 414, 416, 3001–3011, 3201– 3219, 3403–3406, 3621, 3622, 3626, 3632, 3633, and 5001. BILLING CODE 4000–01–P ■ POSTAL SERVICE 39 CFR Part 111 Revised Standards for Postage and Fee Refunds * * * * Postal Service.TM ACTION: Final rule. rwilkins on PROD1PC63 with NOTICES AGENCY: 600 Basic Standards for All Mailing Services SUMMARY: This rule modifies the Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM) 604.9.0 to establish a minimum dollar amount for the issuance of checks by the USPS for the refund of unused postage value in postage meters and PC Postage accounts. In addition, we provide specific time frames and procedures for refunds of different types of postage produced by PC Postage and postage meter systems. DATES: This rule is effective November 6, 2008. FOR FURTHER INFORMATION CONTACT: Daniel J. Lord, Manager, Postage Technology Management, U.S. Postal Service, at 202–268–4281. SUPPLEMENTARY INFORMATION: The final rule establishes a $25.00 minimum for USPS issuance of individual customer refund checks for the unused postage value in postage meters and PC postage accounts. In addition, the final rule provides a 60-day limit for submission of physical refunds for both PC Postage and postage meter indicia; specifies a 10-day limit and procedure for requesting refunds processed electronically for items bearing a Product Identification Code (PIC) produced by a PC Postage system; and establishes a refund procedure for unused, undated PC Postage indicia. A revised proposed revision of DMM 604.9.0 was published for comment in * * 604 Postage Payment Methods VerDate Aug<31>2005 16:18 Oct 15, 2008 61355 Jkt 217001 * * * * * 9.0 Refunds and Exchanges * * 9.2 Postage and Fee Refunds * * * * * * * * * * * 9.2.8 Ruling on Refund Request Refund requests are decided based on the specific type of postage or mailing: * * * * * [Revise items b and c by changing ‘‘licensing post office’’ to ‘‘local post office’’ and changing ‘‘licensee’’ to ‘‘authorized user’’ as follows:] b. Dated metered postage, except for PC Postage systems, under 9.3. The postmaster at the local Post Office grants or denies requests for refunds for dated metered postage under 9.3. The authorized user may appeal an adverse ruling within 30 days through the manager, Postage Technology Management, USPS Headquarters (see 608.8.0 for address), who issues the final agency decision. The original meter indicia must be submitted with the appeal. c. Undated metered postage under 9.3. The manager, business mail entry at the district Post Office overseeing the mailer’s local Post Office, or designee authorized in writing, grants or denies PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\16OCR1.SGM 16OCR1

Agencies

[Federal Register Volume 73, Number 201 (Thursday, October 16, 2008)]
[Rules and Regulations]
[Pages 61354-61355]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-24608]


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DEPARTMENT OF EDUCATION

34 CFR Part 5b

RIN 1880-AA85
[Docket ID ED, ED-2008-OM-0004]


Privacy Act Regulations

AGENCY: Office of Management, Department of Education.

ACTION: Final regulations.

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SUMMARY: The Secretary amends the regulations implementing the Privacy 
Act of 1974, as amended (Privacy Act). These changes are intended to 
exempt from certain Privacy Act requirements investigative material in 
a new system of records maintained by the Department that will be known 
as the Office of Inspector General Data Analytics System (ODAS) (18-10-
02). Specifically, the exemption applies to materials compiled by the 
Department's Office of Inspector General (OIG) for law enforcement 
purposes to identify internal control weaknesses and system issues and 
to improve methods of data modeling and annual audit planning in order 
to detect and investigate fraud, waste, and mismanagement in Department 
programs and operations.

DATES: These regulations are effective November 17, 2008.

FOR FURTHER INFORMATION CONTACT: Shelley Shepherd, Office of Inspector 
General, U.S. Department of Education, 400 Maryland Avenue, SW., room 
8166, Washington, DC 20202-5920. Telephone: (202) 245-7077.
    If you use a telecommunications device for the deaf (TDD), you may 
call the Federal Relay Service (FRS) at 1-800-877-8339.
    Individuals with disabilities can obtain this document in an 
alternative format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to the contact person listed under FOR FURTHER 
INFORMATION CONTACT.

SUPPLEMENTARY INFORMATION: On May 8, 2008 the Secretary published a 
notice of proposed rulemaking (NPRM) for this part in the Federal 
Register (73 FR 26056). In the summary to the NPRM, on pages 26056 and 
26507, the Secretary discussed how the proposed regulations would amend 
the Department's Privacy Act regulations to exempt from certain Privacy 
Act requirements investigative material in a new system of records. The 
new system of records is the Office of Inspector General Data Analytics 
System (ODAS) and the exemption would apply to materials compiled by 
the Office of Inspector General (OIG) for law enforcement purposes.
    There are no differences between the NPRM and these final 
regulations.

Analysis of Comments and Changes

    In response to the Secretary's invitation in the NPRM, the 
Department received no comments on the proposed regulations.

Executive Order 12866

    We have reviewed these final regulations in accordance with 
Executive Order 12866. Under the terms of the order we have assessed 
the potential costs and benefits of this regulatory action.
    The potential costs associated with the final regulations are those 
resulting from statutory requirements and those we have determined to 
be necessary for administering this program effectively and 
efficiently.
    In assessing the potential costs and benefits--both quantitative 
and qualitative--of these final regulations, we have determined that 
the benefits of the regulations justify the costs.
    We have also determined that this regulatory action does not unduly 
interfere with State, local, and tribal governments in the exercise of 
their governmental functions.
    We summarized the potential costs and benefits of these final 
regulations in the NPRM at 73 FR 26058.

Paperwork Reduction Act of 1995

    These regulations do not contain any information collection 
requirements.

Electronic Access to This Document

    You can view this document, as well as all other documents of this 
Department published in the Federal Register, in text and Adobe 
Portable Document Format (PDF) on the Internet at the following site: 
http://www.ed.gov/news/fedregister.
    To use PDF you must have Adobe Acrobat Reader, which is available 
free at this site. If you have questions about using PDF, call the U.S. 
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in 
the Washington, DC area at (202) 512-1530.

    Note: The official version of this document is the document 
published in the Federal Register. Free Internet access to the 
official edition of the Federal Register and the Code of Federal 
Regulations is available on GPO Access at: http://www.gpoaccess.gov/
nara/index.html.

(Catalog of Federal Domestic Assistance Number does not apply.)

    Dated: October 10, 2008.
Christopher P. Marston,
Assistant Secretary for Management.

0
For the reasons discussed in the preamble, the Secretary amends Part 5b 
of title 34 of the Code of Federal Regulations as follows:

PART 5b--PRIVACY ACT REGULATIONS

0
1. The authority citation for part 5b continues to read as follows:

    Authority: 5 U.S.C. 301, 5 U.S.C. 552a.


0
2. Section 5b.11 is amended by revising paragraph (c)(1) introductory 
text to read as follows:

[[Page 61355]]

Sec.  5b.11  Exempt systems.

* * * * *
    (c) Specific systems of records exempted under (k)(2). (1) The 
Department exempts the Investigative Files of the Inspector General ED/
OIG (18-10-01), the Hotline Complaint Files of the Inspector General 
ED/OIG (18-10-04), and the Office of Inspector General Data Analytics 
System (ODAS) (18-10-02) from the following provisions of 5 U.S.C. 552a 
and this part to the extent that these systems of records consist of 
investigatory material and complaints that may be included in 
investigatory material compiled for law enforcement purposes:
* * * * *

 [FR Doc. E8-24608 Filed 10-15-08; 8:45 am]
BILLING CODE 4000-01-P