Privacy Act of 1974, as Amended; System of Records Notice, 23405-23409 [2014-09506]
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tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 81 / Monday, April 28, 2014 / Notices
exported and returned to the original
manufacturer or to an export warehouse
authorized by that manufacturer. The
form is used by TTB to ensure
compliance with laws and regulations at
the time of these transactions and for
post audit examinations.
Affected Public: Businesses or other
for-profit organizations.
Estimated Annual Burden Hours: 536.
OMB Number: 1513–0058.
Type of Review: Revision of a
currently approved collection.
Title: Usual and Customary Business
Records Maintained by Brewers (TTB
REC 5130/1).
Abstract: The Internal Revenue Code
of 1986 requires brewers to keep
records, in such form and containing
such information as prescribed by
regulation and as necessary for
protection of the revenue. The TTB
regulations set forth the records that
brewers must keep regarding their
operations. TTB audits brewers’ records
to verify production of beer and cereal
beverage and to verify the quantity of
beer removed subject to tax and
removed without payment of tax. TTB
believes that these records would be
normally kept in the course of doing
business.
Affected Public: Businesses or other
for-profit organizations.
Estimated Annual Burden Hours: 1.
OMB Number: 1513–0110.
Type of Review: Revision of a
currently approved collection.
Title: Recordkeeping for Tobacco
Products Removed in Bond from a
Manufacturer’s Premises for
Experimental Purposes—27 CFR
40.232(e).
Abstract: The Internal Revenue Code
provides that manufacturers of tobacco
products may remove tobacco products
without payment of Federal excise tax
for experimental purposes, in such
quantities and in such manner as
prescribed by regulation. The TTB
regulations set forth the standards for
such removals and the prescribed
records are used by TTB to ensure that
the products meet the standards for
experimental purposes and that the
removals are in compliance with the
IRC and TTB regulations.
Affected Public: Businesses or other
for-profit organizations.
Estimated Annual Burden Hours: 1.
OMB Number: 1513–0132.
Type of Review: Extension without
change of a currently approved
collection.
Title: Generic Clearance for the
Collection of Qualitative Feedback on
Agency Service Delivery.
Abstract: The information collection
activity will garner qualitative customer
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and stakeholder feedback in an efficient,
timely manner, in accordance with the
Administration’s commitment to
improving service delivery. By
qualitative feedback we mean
information that provides useful
insights on perceptions and opinions,
but are not statistical surveys that yield
quantitative results that can be
generalized to the population of study.
This feedback will provide insights into
customer or stakeholder perceptions,
experiences and expectations, provide
an early warning of issues with service,
or focus attention on areas where
communication, training or changes in
operations might improve delivery of
products or services. These collections
will allow for ongoing, collaborative and
actionable communications between the
Agency and its customers and
stakeholders. It will also allow feedback
to contribute directly to the
improvement of program management.
Feedback collected under this generic
clearance will provide useful
information, but it will not yield data
that can be generalized to the overall
population. This type of generic
clearance for qualitative information
will not be used for quantitative
information collections that are
designed to yield reliably actionable
results, such as monitoring trends over
time or documenting program
performance. Such data uses require
more rigorous designs that address: the
target population to which
generalizations will be made, the
sampling frame, the sample design
(including stratification and clustering),
the precision requirements or power
calculations that justify the proposed
sample size, the expected response rate,
methods for assessing potential nonresponse bias, the protocols for data
collection, and any testing procedures
that were or will be undertaken prior
fielding the study. Depending on the
degree of influence the results are likely
to have, such collections may still be
eligible for submission for other generic
mechanisms that are designed to yield
quantitative results.
Average Expected Annual Number of
Activities: 10.
Number of Respondents: 10,000.
Frequency of Response: Once per
request.
Average Minutes Per Response: 60.
Estimated Annual Burden Hours:
10,000.
Brenda Simms,
Treasury PRA Clearance Officer.
[FR Doc. 2014–09600 Filed 4–25–14; 8:45 am]
BILLING CODE 4810–31–P
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23405
DEPARTMENT OF THE TREASURY
Privacy Act of 1974, as Amended;
System of Records Notice
Department of the Treasury.
Notice of proposed Privacy Act
system of records.
AGENCY:
ACTION:
In accordance with the
Privacy Act of 1974, as amended, 5
U.S.C. 552a, the Department of the
Treasury proposes to establish a new
Privacy Act system of records titled
‘‘Treasury .016—Reasonable
Accommodations Records.’’ This system
will allow Treasury and its bureaus to
collect and maintain records on
applicants for employment, as well as
employees, who request or receive
reasonable accommodations from
Treasury under the Rehabilitation Act of
1973 and the Americans with
Disabilities Act Amendments Act of
2008. Reasonable accommodations are
modifications or adjustments that will
allow applicants and employees to
apply for a job, perform job duties, and/
or enjoy the benefits and privileges of
employment. Reasonable
accommodations are also made for
individuals who seek to participate or
participate in Treasury programs and
activities or attend meetings and events
at Treasury facilities. This system will
be included in the Treasury’s inventory
of record systems.
DATES: Submit comments on or before
May 28, 2014. This new system will be
effective May 28, 2014.
ADDRESSES: You may submit comments,
identified by one of the following
methods:
• Fax: 202–622–3895.
• Mail: Helen Goff Foster, Deputy
Assistant Secretary for Privacy,
Transparency, and Records, Office of
Privacy, Transparency, and Records,
Department of the Treasury, 1500
Pennsylvania Avenue NW., Washington,
DC 20220.
Instructions: All submissions received
must include the agency name for this
rulemaking. All comments received will
be posted without change to https://
www.regulations.gov, including any
personal information provided. For
access to read background documents or
comments received go to https://
www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT: For
general questions and for privacy issues
please contact: Helen Goff Foster (202–
622–0790), Deputy Assistant Secretary
for Privacy, Transparency, and Records,
Office of Privacy, Transparency, and
Records, Department of the Treasury,
SUMMARY:
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1500 Pennsylvania Ave. NW.,
Washington, DC 20220.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of
1974, as amended, 5 U.S.C. 552a, the
Department of the Treasury (Treasury)
proposes to establish a new system of
records, ‘‘Treasury .016—Reasonable
Accommodations Records.’’
The purpose of this system of records
is to allow Treasury and its bureaus to
collect and maintain records on
applicants for employment as well as
current employees (including
contractors and interns) and members of
the public who request or receive
reasonable accommodations from the
Treasury and its Bureaus under the
Rehabilitation Act of 1973 and the
Americans with Disabilities Act
Amendments Act of 2008 (ADAAA).
Reasonable accommodations are
modifications or adjustments that will
allow applicants and employees to
apply for a job, perform job duties, and/
or enjoy the benefits and privileges of
employment. Reasonable
accommodations are also made for
individuals who seek to participate and/
or participate in Treasury programs and
activities or attend meetings and events
at Treasury facilities. The system will
also be used to track processing of
requests for reasonable accommodations
only to the extent necessary to ensure
Treasury-wide compliance with
applicable laws and regulations while
preserving and maintaining the
confidentiality and privacy of all
information (e.g., medical information)
provided in support of accommodation
request.
The Rehabilitation Act and the
ADAAA require federal agencies to
provide reasonable accommodations to
qualified applicants for employment
and employees with disabilities if
known or requested, unless the
accommodation would impose an
undue hardship on the agency. The
Rehabilitation Act requires federal
agencies to provide reasonable
accommodations or modifications to
allow participation by persons with
disabilities in agency programs and
activities. Reasonable accommodations
are modifications or adjustments that
will allow applicants and employees to
apply for a job, perform job duties, and/
or enjoy the benefits and privileges of
employment. Reasonable
accommodations may include, but are
not limited to: (1) Making existing
facilities readily accessible to and
usable by individuals with disabilities;
(2) job restructuring, modification of
work schedules or place of work,
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extended leave, telecommuting, or
reassignment to a vacant position; (3)
acquisition or modification of
equipment or devices, including
computer software and hardware,
appropriate adjustments or
modifications of examinations, training
materials or policies, the provision of
qualified readers and/or interpreters,
personal assistants that enable the
individual to perform his or her job
duties and enjoy the benefits and
privileges of employment, and other
similar accommodations; and/or (4) the
manner in which a program or activity
is offered to the public.
The Rehabilitation Act and the
ADAAA authorize Treasury to
implement this reasonable
accommodation program. Routine uses
contained in this notice include sharing
information: To disclose information to
medical personnel to meet a bona fide
medical emergency; to disclose
information to another federal agency,
to a court, or a party in litigation before
a court or in an administrative
proceeding being conducted by a federal
agency when the government is a party
to the judicial or administrative
proceeding; to disclose information to a
congressional office from the record of
an individual in response to an inquiry
from the congressional office made at
the request of the individual; and to
disclose to an authorized appeal
grievance examiner, formal complaints
examiner, administrative judge, equal
employment opportunity investigator,
arbitrator, or other duly authorized
official engaged in investigation or
settlement of a grievance, complaint, or
appeal filed by an employee. The first
and fourth recognized routine uses are
consistent with the exceptions to
confidentiality under section 501 of the
Rehabilitation Act. The second routine
use involves disclosure of relevant
information as part of a proceeding in
which the government is a party, and
the third disclosure would occur only
when the individual whose information
is being disclosed has requested a
member of Congress to make an inquiry
on the individual’s behalf.
This system will be included in the
Department of the Treasury’s inventory
of record systems.
II. Privacy Act of 1974, as Amended
The Privacy Act embodies fair
information principles in a statutory
framework governing the means by
which the United States Government
collects, maintains, uses, and
disseminates individuals’ records that
are maintained in a system of records.
The Privacy Act applies to information
that is maintained in a ‘‘system of
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records.’’ A system of records is a group
of any records under the control of an
agency for which information is
retrieved by the name of an individual
or by some identifying number, symbol,
or other identifying particular assigned
to the individual. Individuals may
request access to their own records that
are maintained in a system of records in
the possession or under the control of
Treasury by complying with Treasury’s
Privacy Act regulations found at 31 CFR
1.26.
The Privacy Act requires each agency
to publish in the Federal Register a
description of the type and character of
each system of records that the agency
maintains, and the routine uses that are
contained in each system to make
agency recordkeeping practices
transparent, to notify individuals
regarding the uses to which their
records are put, and to assist individuals
to more easily find such files within the
agency.
In accordance with the Privacy Act,
the Department of the Treasury
proposes to establish a new system of
records titled, ‘‘Treasury .016—
Reasonable Accommodations Records.’’
The new proposed system of records is
published in its entirety below.
In accordance with 5 U.S.C. 552a(r),
Treasury has provided a report of this
system of records to OMB and to
Congress.
Dated: April 10, 2014.
Helen Goff Foster,
Deputy Assistant Secretary for Privacy,
Transparency, and Records.
TREASURY .016
SYSTEM NAME:
Treasury .016—Reasonable
Accommodations Records.
SYSTEM LOCATION:
Department of the Treasury, 1500
Pennsylvania Ave. NW., Washington,
DC 20220. These records are located in
personnel, EEO, or designated offices in
the bureaus in which the reasonable
accommodations were filed. The
locations at which the system is
maintained are:
(1) Departmental Offices: 1500
Pennsylvania Ave. NW., Washington,
DC 20220;
(2) Alcohol and Tobacco Tax and
Trade Bureau: 1310 G St. NW.,
Washington, DC 20220.
(3) Office of the Comptroller of the
Currency: Constitution Center, 400
Seventh St. SW., Washington, DC
20024;
(4) Fiscal Service: Liberty Center
Building, 401 14th St. SW., Washington,
DC 20227;
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(5) Internal Revenue Service: 1111
Constitution Ave. NW., Washington, DC
20224;
(6) United States Mint: 801 Ninth St.
NW., Washington, DC 20220;
(7) Bureau of Engraving and Printing:
Eastern Currency Facility, 14th and C
Streets SW., Washington, DC 20228 and
Western Currency Facility, 9000 Blue
Mound Rd., Fort Worth, TX 76131;
(8) Financial Crimes Enforcement
Network: P.O. Box 39, Vienna, VA
22183–0039;
(9) Special Inspector General for the
Troubled Asset Relief Program: 1801 L
St. NW., Washington, DC 20220;
(10) Office of Inspector General: 740
15th St. NW., Washington, DC 20220;
and
(11) Office of the Treasury Inspector
General for Tax Administration: 1125
15th St. NW., Suite 700A, Washington,
DC 20005.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Categories of individuals covered by
this system include applicants for
employment and employees who
request or receive reasonable
accommodations under the
Rehabilitation Act of 1973 or ADAAA.
This also includes participants in
Treasury programs and activities,
visitors at Treasury facilities, authorized
individuals or representatives (e.g.,
family member or attorney) who request
a reasonable accommodation on behalf
of an applicant for employment or
employee, as well as former employees
and members of the public who request
or receive a reasonable accommodation
during their employment with Treasury
or when visiting a Treasury facility.
tkelley on DSK3SPTVN1PROD with NOTICES
CATEGORIES OF RECORDS IN THE SYSTEM:
• Requestor’s status (applicant or
anybody who identifies or recognizes
the need for an accommodation at a
Treasury facility);
• Name of the person who requires
the accommodation;
• Address, phone, and email of the
person who requires accommodations;
• Date of request;
• Meeting or other event for which
request was made (room number, date
and time of meeting/event);
• Program or activity for which
request was made;
• Jobs (occupational series, grade
level, and bureau or office) for which
reasonable accommodation was
requested;
• Information concerning the nature
of the disability and the need for
accommodation, including appropriate
medical documentation when the
disability and/or need for
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accommodation is not obvious or the
accommodation cannot be easily
provided with little effort or expense;
and
• Medical documentation supporting
the reasonable accommodation request
should be kept in a confidential file
separate and apart from the requestor’s
Official Personnel Folder, Employee
Performance File, or drop file.
Information concerning the nature of
the disability and need for
accommodation includes:
• Medical documentation provided
by the requester;
• Type(s) of accommodation(s)
requested;
• Expense(s) associated with the
requested accommodation;
• Whether the request came from
someone planning to visit a Treasury
facility;
• Whether an accommodation
requested was pre-employment, during
employment, or post-employment with
the Treasury or bureau;
• How the requested accommodation
would assist in job performance,
participation in a Treasury program or
activity, or attendance at a Treasurysponsored meeting or event;
• The amount of time taken to
process the request;
• Whether the request was granted or
denied and reason; and
• The sources of technical assistance
consulted in trying to identify a possible
reasonable accommodation.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Rehabilitation Act of 1973, §§ 501
and 504; ADAAA; Executive Order
13164 (July 28, 2000); and Executive
Order 13548 (July 26, 2010).
PURPOSE(S):
The purpose of this system is to allow
Treasury and its bureaus to collect and
maintain records on individuals who
seek accommodations to facilitate their
participation in a Treasury program or
activity, their attendance at a meeting,
training, conference or event at a
Treasury facility or sponsored by
Treasury, applicants for employment
who have disabilities, and employees
with disabilities who request or receive
reasonable accommodation by the
Department as the Rehabilitation Act of
1973 and the ADAAA require. Another
purpose of this system is to track and
report the processing of requests for
reasonable accommodation Treasurywide to comply with applicable laws
and regulations and to preserve and
maintain the confidentiality of
information provided in support of the
accommodation request.
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23407
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
These records and information in
these records may be disclosed from the
system as follows:
A. To medical personnel to meet a
bona fide medical emergency;
B. To another federal agency, a court,
or a party in litigation before a court or
in an administrative proceeding being
conducted by a federal agency when the
Government is a party to the judicial or
administrative proceeding;
C. To a congressional office from the
record of an individual in response to
an inquiry from the congressional office
made at the request of the individual;
and
D. To an authorized appeal grievance
examiner, formal complaints examiner,
administrative judge, equal employment
opportunity investigator, arbitrator or
other duly authorized official engaged
in investigation or settlement of a
grievance, complaint or appeal filed by
an employee;
E. To the National Archives and
Records Administration (NARA) or
other federal government agencies
pursuant to general records management
and records management inspections
conducted under the authority of 44
U.S.C. 2904 and 2906;
F. To an actual or potential party to
litigation or the party’s authorized
representative for the purpose of
negotiation or discussion on such
matters as settlement, plea bargaining,
or in information discovery
proceedings;
G. To contractors, grantees, experts,
consultants, students, interns, and
others performing or working on a
contract, service, grant, cooperative
agreement, or other assignment for the
federal government, when necessary to
accomplish an agency function related
to this system of records; and
H. To a Member of Congress or staff
acting upon the Member’s behalf when
the Member or staff requests the
information on behalf of an individual
who is the subject of the record.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records in this system are on paper
and/or in digital or other electronic
form. Digital and other electronic
images are stored on a storage area
network in a secured environment.
Records, whether paper or electronic,
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may be stored in a separate, secure
location at the Treasury Headquarters or
at the bureau or office level.
RETRIEVABILITY:
Records may be retrieved by name of
the requester, employing bureau or
office, or any unique identifying number
assigned to the request if applicable.
SAFEGUARDS:
Records in this system are
safeguarded in accordance with
applicable rules and policies, including
all applicable Treasury automated
systems security and access policies.
Strict controls have been imposed to
minimize the risk of compromising the
information. Access to the computer
system containing the records in this
system is limited to those individuals
who have a need to know the
information for the performance of their
official duties and who have appropriate
clearances or permissions.
All medical information, including
information about functional limitations
and reasonable accommodation needs
obtained in connection with a request
for reasonable accommodation must be
kept confidential and shall be
maintained in secure files separate from
the Official Personnel Folder, Employee
Performance File, or drop file.
Additionally, employees who obtain or
receive such information are strictly
bound by these confidentiality
requirements. Whenever medical
information is disclosed, the individual
disclosing the information must inform
the information recipients regarding the
confidentiality requirements that the
recipient must continue to apply to the
information after it is received.
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RETENTION AND DISPOSAL:
In accordance with NARA General
Records Schedule (GRS) 1 Section 24
‘‘Reasonable Accommodation Request
Records’’ this schedule includes all
requests for reasonable accommodation
and/or assistive technology devices and
services offered through the agency or
the Computer/Electronic
Accommodation Program that are made
by or on behalf of applicants, current or
former employees. Also included are
medical records, supporting notes and
documentation, as well as procedures
and records related to processing,
deciding, implementing, and tracking
requests for reasonable
accommodation(s). Disposition of
records follows:
A. General Files—Destroy three years
after supersession or when no longer
needed for reference, whichever is later.
(N1–GRS–04–2 item 1a);
B. Employee Case Files—Destroy
three years after employee separation
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from the agency or all appeals are
concluded, whichever is later. (N1–
GRS–04–2 item 1b);
C. Supplemental Files—Destroy three
years after end of fiscal year in which
accommodation is decided or all
appeals are concluded, whichever is
later. (N1–GRS–04–2 item 1c). Note:
These records are neither part of an
employee’s OPF nor part of a
supervisor’s unofficial personnel file;
D. Tracking System—Delete/destroy
three years after compliance report is
filed or when no longer needed for
reference. (N1–GRS–04–2 item 1d).
SYSTEM MANAGER(S) AND ADDRESS:
EEO Program Manager (202–622–
0341), Office of Civil Rights and
Diversity, Department of the Treasury,
1500 Pennsylvania Ave. NW.,
Washington, DC 20220.
Records pertaining to reasonable
accommodations filed at the
Departmental level: EEO Program
Manager (202–622–0341), Office of Civil
Rights and Diversity, Department of the
Treasury, 1550 Pennsylvania Ave. NW.,
Washington, DC 20220. The locations at
which the system is maintained by
Treasury’s bureaus are:
(1) Departmental Offices: 1500
Pennsylvania Ave. NW., Washington,
DC 20220;
(2) Alcohol and Tobacco Tax and
Trade Bureau: 1310 G St. NW.,
Washington, DC 20220;
(3) Office of the Comptroller of the
Currency: Constitution Center, 407
Seventh St. SW., Washington, DC
20024;
(4) Financial Management Service:
401 14th St. SW., Washington, DC
20227;
(5) Internal Revenue Service: 1111
Constitution Ave. NW., Washington, DC
20224;
(6) United States Mint: 801 Ninth St.
NW., Washington, DC 20220;
(7) Bureau of Engraving and Printing:
Eastern Currency Facility, 14th and C
Streets SW., Washington, DC 20228 and
Western Currency Facility, 9000 Blue
Mound Rd., Fort Worth, TX 76131;
(8) Financial Crimes Enforcement
Network: P.O. Box 39, Vienna, VA
22183–0039;
(9) Special Inspector General for the
Troubled Asset Relief Program: 1801 L
St. NW., Washington, DC 20220;
(10) The Office of Inspector General:
740 15th St. NW., Washington, DC
20220; and
(11) Treasury Inspector General for
Tax Administration: 1125 15th St. NW.,
Suite 700A, Washington, DC 20005.
Individuals seeking notification of
and access to any record contained in
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RECORD ACCESS PROCEDURES:
See ‘‘Notification procedure’’ above.
NOTIFICATION PROCEDURE:
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this system of records, or seeking to
contest its content, may submit a
request in writing in accordance with
Treasury’s Privacy Act regulations
(located at 31 CFR 1.26) to the Freedom
of Information Act (FOIA) and
Transparency Liaison, whose contact
information can be found at https://
www.treasury.gov/FOIA/Pages/
index.aspx under ‘‘FOIA Requester
Service Centers and FOIA Liaison.’’ If
an individual believes more than one
bureau maintains Privacy Act records
concerning him or her, the individual
may submit the request to the Office of
Privacy, Transparency, and Records,
FOIA and Transparency, Department of
the Treasury, 1500 Pennsylvania Ave.
NW., Washington, DC 20220.
The request must be signed, and must
either be notarized or submitted under
28 U.S.C. 1746, a law that permits
statements to be made under penalty of
perjury as a substitute for notarization.
While no specific form is required, you
may submit your request online at
https://rdgw.treasury.gov/foia/pages/
gofoia.aspx or call for 1–202–622–0930
for questions. The requester must
submit a written and signed request
that:
• States that the request is made
pursuant to the FOIA and/or Privacy
Act disclosure regulations;
• Includes information that will
enable the processing office to
determine the fee category of the user;
• Is addressed to the bureau that
maintains the record (in order for a
request to be properly received by the
Department, the request must be
received in the appropriate bureau’s
disclosure office);
• Reasonably describe the records;
• Gives the address where the
determination letter is to be sent;
• States whether or not the requester
wishes to inspect the records or have a
copy made without first inspecting
them; and
• Include a firm agreement from the
requester to pay fees for search,
duplication or review, as appropriate. In
the absence of a firm agreement to pay,
the requester may submit a request for
a waiver or reduction of fees, along with
justification of how such a waiver
request meets the criteria for a waiver or
reduction of fees found in the FOIA
statute at 5 U.S.C. 552(a)(4)(A)(iii).
This bulleted information will assist
the FOIA and Transparency staff in
conducting an effective search for your
records.
CONTESTING RECORD PROCEDURES:
See ‘‘Notification procedure’’ above.
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RECORD SOURCE CATEGORIES:
Information is obtained from
applicants for employment with
disabilities as well as employees with
disabilities who requested or received
reasonable accommodations from the
Treasury or a bureau as required by the
Rehabilitation Act of 1973 and the
ADAAA.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
[FR Doc. 2014–09506 Filed 4–25–14; 8:45 am]
BILLING CODE 4811–33–P
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
Agency Information Collection
Activities: Information Collection
Renewal; Submission for OMB Review;
Retail Foreign Exchange Transactions
Office of the Comptroller of the
Currency (OCC), Treasury.
ACTION: Notice and request for comment.
AGENCY:
The OCC, as part of its
continuing effort to reduce paperwork
and respondent burden, invites the
general public and other Federal
agencies to take this opportunity to
comment on a continuing information
collection, as required by the Paperwork
Reduction Act of 1995 (PRA).
In accordance with the requirements
of the PRA, the OCC may not conduct
or sponsor, and the respondent is not
required to respond to, an information
collection unless it displays a currently
valid Office of Management and Budget
(OMB) control number.
The OCC is soliciting comment
concerning the renewal of its collection
entitled ‘‘Retail Foreign Exchange
Transactions.’’ It is also giving notice
that it has sent the collection to OMB for
review.
DATES: Comments must be submitted on
or before May 28, 2014.
ADDRESSES: Because paper mail in the
Washington, DC area and at the OCC is
subject to delay, commenters are
encouraged to submit comments by
email if possible. Comments may be
sent to: Legislative and Regulatory
Activities Division, Office of the
Comptroller of the Currency, Attention:
1557–0250, 400 7th Street SW., Suite
3E–218, Mail Stop 9W–11, Washington,
DC 20219. In addition, comments may
be sent by fax to (571) 465–4326 or by
electronic mail to regs.comments@
occ.treas.gov. You may personally
inspect and photocopy comments at the
OCC, 400 7th Street SW., Washington,
tkelley on DSK3SPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
17:06 Apr 25, 2014
Jkt 232001
DC 20219. For security reasons, the OCC
requires that visitors make an
appointment to inspect comments. You
may do so by calling (202) 649–6700.
Upon arrival, visitors will be required to
present valid government-issued photo
identification and submit to a security
screening in order to inspect and
photocopy comments.
All comments received, including
attachments and other supporting
materials, are part of the public record
and subject to public disclosure. Do not
enclose any information in your
comment or supporting materials that
you consider confidential or
inappropriate for public disclosure.
Additionally, please send a copy of
your comments by mail to: OCC Desk
Officer, 1557–0250, U.S. Office of
Management and Budget, 725 17th
Street NW., #10235, Washington, DC
20503, or by email to: oira submission@
omb.eop.gov.
FOR FURTHER INFORMATION CONTACT:
Johnny Vilela or Mary H. Gottlieb, OCC
Clearance Officers, (202) 649–5490, for
persons who are deaf or hard of hearing,
TTY, (202) 649–5597, Legislative and
Regulatory Activities Division, Office of
the Comptroller of the Currency, 400 7th
Street SW., Suite 3E–218, Mail Stop
9W–11, Washington, DC 20219.
SUPPLEMENTARY INFORMATION: Under the
PRA (44 U.S.C. 3501–3520), Federal
agencies must obtain approval from the
OMB for each collection of information
they conduct or sponsor. ‘‘Collection of
information’’ is defined in 44 U.S.C.
3502(3) and 5 CFR 1320.3(c) to include
agency requests or requirements that
members of the public submit reports,
keep records, or provide information to
a third party.
The OCC is proposing to extend OMB
approval of the following information
collection without change:
Title: Retail Foreign Exchange
Transactions.
OMB Control Number: 1557–0250.
Description: Section 742(c)(2) of the
Dodd-Frank Wall Street Reform and
Consumer Protection Act of 2010 (DoddFrank Act) 1 amended the Commodity
Exchange Act (CEA) to provide that a
U.S. financial institution for which
there is a Federal regulatory agency
supervisor shall not enter into, or offer
to enter into, a transaction described in
section 2(c)(2)(B)(i)(I) of the CEA 2 with
1 Public Law 111–203, 124 Stat. 1376. (July 21,
2010) 7 U.S.C. 2(c)(2)(E).
2 A transaction would include an agreement,
contract, or transaction in foreign currency that . . .
is a contract of sale of a commodity for future
delivery (or an option on such a contract) or an
option (other than an option executed or traded on
a national securities exchange registered pursuant
PO 00000
Frm 00093
Fmt 4703
Sfmt 4703
23409
a retail customer except pursuant to a
rule or regulation of a Federal regulatory
agency allowing the transaction under
such terms and conditions as the
Federal regulatory agency shall
prescribe.3
The OCC issued a final rule at 12 CFR
part 48 allowing such transactions for
the institutions it regulates.4 The final
rule contained a number of provisions,
including a number of provisions that
would represent collections of
information under the PRA. At the time
the rule was issued, the OCC requested
and obtained approval from OMB to
collect this information through July 31,
2014. This request seeks an extension of
the collection for three years, through
July 31, 2017. A section-by-section
description of the reporting,
recordkeeping and disclosure
requirements contained in the OCC’s
rules at 12 CFR part 48 follows.
Reporting Requirements
The reporting requirements in § 48.4
require that, prior to initiating a retail
forex business, a national bank or
Federal savings association provide the
OCC with prior notice and obtain a
written supervisory no-objection letter.
In order to obtain a supervisory noobjection letter, a national bank or
Federal savings association must have
written policies, procedures, and risk
measurement and management systems
and controls in place to ensure that
retail forex transactions are conducted
in a safe and sound manner. The
national bank or Federal savings
association also must provide other
information required by the OCC, such
as documentation of customer due
diligence, new product approvals, and
haircuts applied to noncash margins.
Disclosure Requirements
Under § 48.5, regarding the
application and closing out of offsetting
long and short positions, a national
bank or Federal savings association
must promptly provide the customer
with a statement reflecting the financial
result of the transactions and the name
of the introducing broker to the account.
The customer provides specific written
instructions on how the offsetting
transaction should be applied.
Section 48.6 requires that a national
bank or Federal savings association
furnish a retail forex customer with a
written disclosure before opening an
account through which the customer
to section 6(a) of the Securities Exchange Act of
1934. 7 U.S.C. 2(c)(2)B(i)(II).
3 7 U.S.C. 2(c)(2)(E)(ii)(I).
4 76 FR 41375 (July 14, 2011) (national banks); 76
FR 56094 (Sept. 12, 2011) (Federal savings
associations).
E:\FR\FM\28APN1.SGM
28APN1
Agencies
[Federal Register Volume 79, Number 81 (Monday, April 28, 2014)]
[Notices]
[Pages 23405-23409]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09506]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Privacy Act of 1974, as Amended; System of Records Notice
AGENCY: Department of the Treasury.
ACTION: Notice of proposed Privacy Act system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, as amended, 5
U.S.C. 552a, the Department of the Treasury proposes to establish a new
Privacy Act system of records titled ``Treasury .016--Reasonable
Accommodations Records.'' This system will allow Treasury and its
bureaus to collect and maintain records on applicants for employment,
as well as employees, who request or receive reasonable accommodations
from Treasury under the Rehabilitation Act of 1973 and the Americans
with Disabilities Act Amendments Act of 2008. Reasonable accommodations
are modifications or adjustments that will allow applicants and
employees to apply for a job, perform job duties, and/or enjoy the
benefits and privileges of employment. Reasonable accommodations are
also made for individuals who seek to participate or participate in
Treasury programs and activities or attend meetings and events at
Treasury facilities. This system will be included in the Treasury's
inventory of record systems.
DATES: Submit comments on or before May 28, 2014. This new system will
be effective May 28, 2014.
ADDRESSES: You may submit comments, identified by one of the following
methods:
Fax: 202-622-3895.
Mail: Helen Goff Foster, Deputy Assistant Secretary for
Privacy, Transparency, and Records, Office of Privacy, Transparency,
and Records, Department of the Treasury, 1500 Pennsylvania Avenue NW.,
Washington, DC 20220.
Instructions: All submissions received must include the agency name
for this rulemaking. All comments received will be posted without
change to https://www.regulations.gov, including any personal
information provided. For access to read background documents or
comments received go to https://www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT: For general questions and for privacy
issues please contact: Helen Goff Foster (202-622-0790), Deputy
Assistant Secretary for Privacy, Transparency, and Records, Office of
Privacy, Transparency, and Records, Department of the Treasury,
[[Page 23406]]
1500 Pennsylvania Ave. NW., Washington, DC 20220.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, as amended, 5 U.S.C.
552a, the Department of the Treasury (Treasury) proposes to establish a
new system of records, ``Treasury .016--Reasonable Accommodations
Records.''
The purpose of this system of records is to allow Treasury and its
bureaus to collect and maintain records on applicants for employment as
well as current employees (including contractors and interns) and
members of the public who request or receive reasonable accommodations
from the Treasury and its Bureaus under the Rehabilitation Act of 1973
and the Americans with Disabilities Act Amendments Act of 2008 (ADAAA).
Reasonable accommodations are modifications or adjustments that will
allow applicants and employees to apply for a job, perform job duties,
and/or enjoy the benefits and privileges of employment. Reasonable
accommodations are also made for individuals who seek to participate
and/or participate in Treasury programs and activities or attend
meetings and events at Treasury facilities. The system will also be
used to track processing of requests for reasonable accommodations only
to the extent necessary to ensure Treasury-wide compliance with
applicable laws and regulations while preserving and maintaining the
confidentiality and privacy of all information (e.g., medical
information) provided in support of accommodation request.
The Rehabilitation Act and the ADAAA require federal agencies to
provide reasonable accommodations to qualified applicants for
employment and employees with disabilities if known or requested,
unless the accommodation would impose an undue hardship on the agency.
The Rehabilitation Act requires federal agencies to provide reasonable
accommodations or modifications to allow participation by persons with
disabilities in agency programs and activities. Reasonable
accommodations are modifications or adjustments that will allow
applicants and employees to apply for a job, perform job duties, and/or
enjoy the benefits and privileges of employment. Reasonable
accommodations may include, but are not limited to: (1) Making existing
facilities readily accessible to and usable by individuals with
disabilities; (2) job restructuring, modification of work schedules or
place of work, extended leave, telecommuting, or reassignment to a
vacant position; (3) acquisition or modification of equipment or
devices, including computer software and hardware, appropriate
adjustments or modifications of examinations, training materials or
policies, the provision of qualified readers and/or interpreters,
personal assistants that enable the individual to perform his or her
job duties and enjoy the benefits and privileges of employment, and
other similar accommodations; and/or (4) the manner in which a program
or activity is offered to the public.
The Rehabilitation Act and the ADAAA authorize Treasury to
implement this reasonable accommodation program. Routine uses contained
in this notice include sharing information: To disclose information to
medical personnel to meet a bona fide medical emergency; to disclose
information to another federal agency, to a court, or a party in
litigation before a court or in an administrative proceeding being
conducted by a federal agency when the government is a party to the
judicial or administrative proceeding; to disclose information to a
congressional office from the record of an individual in response to an
inquiry from the congressional office made at the request of the
individual; and to disclose to an authorized appeal grievance examiner,
formal complaints examiner, administrative judge, equal employment
opportunity investigator, arbitrator, or other duly authorized official
engaged in investigation or settlement of a grievance, complaint, or
appeal filed by an employee. The first and fourth recognized routine
uses are consistent with the exceptions to confidentiality under
section 501 of the Rehabilitation Act. The second routine use involves
disclosure of relevant information as part of a proceeding in which the
government is a party, and the third disclosure would occur only when
the individual whose information is being disclosed has requested a
member of Congress to make an inquiry on the individual's behalf.
This system will be included in the Department of the Treasury's
inventory of record systems.
II. Privacy Act of 1974, as Amended
The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States Government
collects, maintains, uses, and disseminates individuals' records that
are maintained in a system of records. The Privacy Act applies to
information that is maintained in a ``system of records.'' A system of
records is a group of any records under the control of an agency for
which information is retrieved by the name of an individual or by some
identifying number, symbol, or other identifying particular assigned to
the individual. Individuals may request access to their own records
that are maintained in a system of records in the possession or under
the control of Treasury by complying with Treasury's Privacy Act
regulations found at 31 CFR 1.26.
The Privacy Act requires each agency to publish in the Federal
Register a description of the type and character of each system of
records that the agency maintains, and the routine uses that are
contained in each system to make agency recordkeeping practices
transparent, to notify individuals regarding the uses to which their
records are put, and to assist individuals to more easily find such
files within the agency.
In accordance with the Privacy Act, the Department of the Treasury
proposes to establish a new system of records titled, ``Treasury .016--
Reasonable Accommodations Records.'' The new proposed system of records
is published in its entirety below.
In accordance with 5 U.S.C. 552a(r), Treasury has provided a report
of this system of records to OMB and to Congress.
Dated: April 10, 2014.
Helen Goff Foster,
Deputy Assistant Secretary for Privacy, Transparency, and Records.
TREASURY .016
System name:
Treasury .016--Reasonable Accommodations Records.
System location:
Department of the Treasury, 1500 Pennsylvania Ave. NW., Washington,
DC 20220. These records are located in personnel, EEO, or designated
offices in the bureaus in which the reasonable accommodations were
filed. The locations at which the system is maintained are:
(1) Departmental Offices: 1500 Pennsylvania Ave. NW., Washington,
DC 20220;
(2) Alcohol and Tobacco Tax and Trade Bureau: 1310 G St. NW.,
Washington, DC 20220.
(3) Office of the Comptroller of the Currency: Constitution Center,
400 Seventh St. SW., Washington, DC 20024;
(4) Fiscal Service: Liberty Center Building, 401 14th St. SW.,
Washington, DC 20227;
[[Page 23407]]
(5) Internal Revenue Service: 1111 Constitution Ave. NW.,
Washington, DC 20224;
(6) United States Mint: 801 Ninth St. NW., Washington, DC 20220;
(7) Bureau of Engraving and Printing: Eastern Currency Facility,
14th and C Streets SW., Washington, DC 20228 and Western Currency
Facility, 9000 Blue Mound Rd., Fort Worth, TX 76131;
(8) Financial Crimes Enforcement Network: P.O. Box 39, Vienna, VA
22183-0039;
(9) Special Inspector General for the Troubled Asset Relief
Program: 1801 L St. NW., Washington, DC 20220;
(10) Office of Inspector General: 740 15th St. NW., Washington, DC
20220; and
(11) Office of the Treasury Inspector General for Tax
Administration: 1125 15th St. NW., Suite 700A, Washington, DC 20005.
Categories of individuals covered by the system:
Categories of individuals covered by this system include applicants
for employment and employees who request or receive reasonable
accommodations under the Rehabilitation Act of 1973 or ADAAA. This also
includes participants in Treasury programs and activities, visitors at
Treasury facilities, authorized individuals or representatives (e.g.,
family member or attorney) who request a reasonable accommodation on
behalf of an applicant for employment or employee, as well as former
employees and members of the public who request or receive a reasonable
accommodation during their employment with Treasury or when visiting a
Treasury facility.
Categories of records in the system:
Requestor's status (applicant or anybody who identifies or
recognizes the need for an accommodation at a Treasury facility);
Name of the person who requires the accommodation;
Address, phone, and email of the person who requires
accommodations;
Date of request;
Meeting or other event for which request was made (room
number, date and time of meeting/event);
Program or activity for which request was made;
Jobs (occupational series, grade level, and bureau or
office) for which reasonable accommodation was requested;
Information concerning the nature of the disability and
the need for accommodation, including appropriate medical documentation
when the disability and/or need for accommodation is not obvious or the
accommodation cannot be easily provided with little effort or expense;
and
Medical documentation supporting the reasonable
accommodation request should be kept in a confidential file separate
and apart from the requestor's Official Personnel Folder, Employee
Performance File, or drop file.
Information concerning the nature of the disability and need for
accommodation includes:
Medical documentation provided by the requester;
Type(s) of accommodation(s) requested;
Expense(s) associated with the requested accommodation;
Whether the request came from someone planning to visit a
Treasury facility;
Whether an accommodation requested was pre-employment,
during employment, or post-employment with the Treasury or bureau;
How the requested accommodation would assist in job
performance, participation in a Treasury program or activity, or
attendance at a Treasury-sponsored meeting or event;
The amount of time taken to process the request;
Whether the request was granted or denied and reason; and
The sources of technical assistance consulted in trying to
identify a possible reasonable accommodation.
Authority for maintenance of the system:
The Rehabilitation Act of 1973, Sec. Sec. 501 and 504; ADAAA;
Executive Order 13164 (July 28, 2000); and Executive Order 13548 (July
26, 2010).
Purpose(s):
The purpose of this system is to allow Treasury and its bureaus to
collect and maintain records on individuals who seek accommodations to
facilitate their participation in a Treasury program or activity, their
attendance at a meeting, training, conference or event at a Treasury
facility or sponsored by Treasury, applicants for employment who have
disabilities, and employees with disabilities who request or receive
reasonable accommodation by the Department as the Rehabilitation Act of
1973 and the ADAAA require. Another purpose of this system is to track
and report the processing of requests for reasonable accommodation
Treasury-wide to comply with applicable laws and regulations and to
preserve and maintain the confidentiality of information provided in
support of the accommodation request.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
These records and information in these records may be disclosed
from the system as follows:
A. To medical personnel to meet a bona fide medical emergency;
B. To another federal agency, a court, or a party in litigation
before a court or in an administrative proceeding being conducted by a
federal agency when the Government is a party to the judicial or
administrative proceeding;
C. To a congressional office from the record of an individual in
response to an inquiry from the congressional office made at the
request of the individual; and
D. To an authorized appeal grievance examiner, formal complaints
examiner, administrative judge, equal employment opportunity
investigator, arbitrator or other duly authorized official engaged in
investigation or settlement of a grievance, complaint or appeal filed
by an employee;
E. To the National Archives and Records Administration (NARA) or
other federal government agencies pursuant to general records
management and records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906;
F. To an actual or potential party to litigation or the party's
authorized representative for the purpose of negotiation or discussion
on such matters as settlement, plea bargaining, or in information
discovery proceedings;
G. To contractors, grantees, experts, consultants, students,
interns, and others performing or working on a contract, service,
grant, cooperative agreement, or other assignment for the federal
government, when necessary to accomplish an agency function related to
this system of records; and
H. To a Member of Congress or staff acting upon the Member's behalf
when the Member or staff requests the information on behalf of an
individual who is the subject of the record.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records in this system are on paper and/or in digital or other
electronic form. Digital and other electronic images are stored on a
storage area network in a secured environment. Records, whether paper
or electronic,
[[Page 23408]]
may be stored in a separate, secure location at the Treasury
Headquarters or at the bureau or office level.
Retrievability:
Records may be retrieved by name of the requester, employing bureau
or office, or any unique identifying number assigned to the request if
applicable.
Safeguards:
Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable Treasury
automated systems security and access policies. Strict controls have
been imposed to minimize the risk of compromising the information.
Access to the computer system containing the records in this system is
limited to those individuals who have a need to know the information
for the performance of their official duties and who have appropriate
clearances or permissions.
All medical information, including information about functional
limitations and reasonable accommodation needs obtained in connection
with a request for reasonable accommodation must be kept confidential
and shall be maintained in secure files separate from the Official
Personnel Folder, Employee Performance File, or drop file.
Additionally, employees who obtain or receive such information are
strictly bound by these confidentiality requirements. Whenever medical
information is disclosed, the individual disclosing the information
must inform the information recipients regarding the confidentiality
requirements that the recipient must continue to apply to the
information after it is received.
Retention and disposal:
In accordance with NARA General Records Schedule (GRS) 1 Section 24
``Reasonable Accommodation Request Records'' this schedule includes all
requests for reasonable accommodation and/or assistive technology
devices and services offered through the agency or the Computer/
Electronic Accommodation Program that are made by or on behalf of
applicants, current or former employees. Also included are medical
records, supporting notes and documentation, as well as procedures and
records related to processing, deciding, implementing, and tracking
requests for reasonable accommodation(s). Disposition of records
follows:
A. General Files--Destroy three years after supersession or when no
longer needed for reference, whichever is later. (N1-GRS-04-2 item 1a);
B. Employee Case Files--Destroy three years after employee
separation from the agency or all appeals are concluded, whichever is
later. (N1-GRS-04-2 item 1b);
C. Supplemental Files--Destroy three years after end of fiscal year
in which accommodation is decided or all appeals are concluded,
whichever is later. (N1-GRS-04-2 item 1c). Note: These records are
neither part of an employee's OPF nor part of a supervisor's unofficial
personnel file;
D. Tracking System--Delete/destroy three years after compliance
report is filed or when no longer needed for reference. (N1-GRS-04-2
item 1d).
System manager(s) and address:
EEO Program Manager (202-622-0341), Office of Civil Rights and
Diversity, Department of the Treasury, 1500 Pennsylvania Ave. NW.,
Washington, DC 20220.
Records pertaining to reasonable accommodations filed at the
Departmental level: EEO Program Manager (202-622-0341), Office of Civil
Rights and Diversity, Department of the Treasury, 1550 Pennsylvania
Ave. NW., Washington, DC 20220. The locations at which the system is
maintained by Treasury's bureaus are:
(1) Departmental Offices: 1500 Pennsylvania Ave. NW., Washington,
DC 20220;
(2) Alcohol and Tobacco Tax and Trade Bureau: 1310 G St. NW.,
Washington, DC 20220;
(3) Office of the Comptroller of the Currency: Constitution Center,
407 Seventh St. SW., Washington, DC 20024;
(4) Financial Management Service: 401 14th St. SW., Washington, DC
20227;
(5) Internal Revenue Service: 1111 Constitution Ave. NW.,
Washington, DC 20224;
(6) United States Mint: 801 Ninth St. NW., Washington, DC 20220;
(7) Bureau of Engraving and Printing: Eastern Currency Facility,
14th and C Streets SW., Washington, DC 20228 and Western Currency
Facility, 9000 Blue Mound Rd., Fort Worth, TX 76131;
(8) Financial Crimes Enforcement Network: P.O. Box 39, Vienna, VA
22183-0039;
(9) Special Inspector General for the Troubled Asset Relief
Program: 1801 L St. NW., Washington, DC 20220;
(10) The Office of Inspector General: 740 15th St. NW., Washington,
DC 20220; and
(11) Treasury Inspector General for Tax Administration: 1125 15th
St. NW., Suite 700A, Washington, DC 20005.
Notification procedure:
Individuals seeking notification of and access to any record
contained in this system of records, or seeking to contest its content,
may submit a request in writing in accordance with Treasury's Privacy
Act regulations (located at 31 CFR 1.26) to the Freedom of Information
Act (FOIA) and Transparency Liaison, whose contact information can be
found at https://www.treasury.gov/FOIA/Pages/index.aspx under ``FOIA
Requester Service Centers and FOIA Liaison.'' If an individual believes
more than one bureau maintains Privacy Act records concerning him or
her, the individual may submit the request to the Office of Privacy,
Transparency, and Records, FOIA and Transparency, Department of the
Treasury, 1500 Pennsylvania Ave. NW., Washington, DC 20220.
The request must be signed, and must either be notarized or
submitted under 28 U.S.C. 1746, a law that permits statements to be
made under penalty of perjury as a substitute for notarization. While
no specific form is required, you may submit your request online at
https://rdgw.treasury.gov/foia/pages/gofoia.aspx or call for 1-202-622-
0930 for questions. The requester must submit a written and signed
request that:
States that the request is made pursuant to the FOIA and/
or Privacy Act disclosure regulations;
Includes information that will enable the processing
office to determine the fee category of the user;
Is addressed to the bureau that maintains the record (in
order for a request to be properly received by the Department, the
request must be received in the appropriate bureau's disclosure
office);
Reasonably describe the records;
Gives the address where the determination letter is to be
sent;
States whether or not the requester wishes to inspect the
records or have a copy made without first inspecting them; and
Include a firm agreement from the requester to pay fees
for search, duplication or review, as appropriate. In the absence of a
firm agreement to pay, the requester may submit a request for a waiver
or reduction of fees, along with justification of how such a waiver
request meets the criteria for a waiver or reduction of fees found in
the FOIA statute at 5 U.S.C. 552(a)(4)(A)(iii).
This bulleted information will assist the FOIA and Transparency
staff in conducting an effective search for your records.
Record access procedures:
See ``Notification procedure'' above.
Contesting record procedures:
See ``Notification procedure'' above.
[[Page 23409]]
Record source categories:
Information is obtained from applicants for employment with
disabilities as well as employees with disabilities who requested or
received reasonable accommodations from the Treasury or a bureau as
required by the Rehabilitation Act of 1973 and the ADAAA.
Exemptions claimed for the system:
None.
[FR Doc. 2014-09506 Filed 4-25-14; 8:45 am]
BILLING CODE 4811-33-P