Privacy Act of 1974; System of Records, 8988-8991 [2021-02691]

Agencies

• DEPARTMENT OF THE TREASURY

[Federal Register Volume 86, Number 26 (Wednesday, February 10, 2021)]
[Notices]
[Pages 8988-8991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02691]


-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY


Privacy Act of 1974; System of Records

AGENCY: Alcohol and Tobacco Tax and Trade Bureau (TTB), Department of 
the Treasury.

ACTION: Notice of a modified system of records.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
the Treasury, Alcohol and Tobacco Tax and Trade Bureau, proposes to 
modify a current Treasury system of records titled, ``Treasury/TTB .001 
Regulatory Enforcement Record System,'' which will now be titled 
``Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau 
(TTB) .001--Regulatory Enforcement System of Records.''

DATES: Submit comments on or before March 12, 2021. The modified 
routine uses will be effective on March 12, 2021.

ADDRESSES: You may submit comments electronically via the Federal 
eRulemaking Portal, Regulations.gov, https://www.regulations.gov, using 
the comment form posted for this document within Docket No. TTB-2020-
0001. Alternatively, you may submit written comments to the Regulations 
and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G 
Street NW, Box 12, Washington, DC 20005, Attention-Revisions to Privacy 
Act Systems of Records. The Alcohol and Tobacco Tax and Trade Bureau no 
longer accepts comments submitted by email.
    The Bureau will post all comments received, including any personal 
information you provide, along with any attachments or other supporting 
disclosures, without change on the Regulations.gov website. Therefore, 
you should submit only information you wish to make publicly available. 
The Bureau also will make any comments received available for public 
inspection and copying at the address listed above by appointment; 
telephone 202-453-1039, ext. 135, to make an appointment.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact 
Michael Hoover at 202-453-1039, ext. 135. For privacy issues, please 
contact Jackie Washington at 202-453-1039, ext. 019.

SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974, 
as amended, 5 U.S.C. 552a, the Department of the Treasury (``Treasury'' 
or the ``Department''), Alcohol and Tobacco Tax and Trade Bureau (TTB), 
proposes to modify an existing Treasury system of records titled, 
``Treasury/TTB .001 Regulatory Enforcement Record System.'' This is the 
only system of records adopted by TTB as of October 1, 2020.
    TTB administers the Internal Revenue Code of 1986 (IRC), as 
amended, at 26 U.S.C. chapter 51 (distilled spirits, wine, and beer), 
chapter 52 (tobacco products, processed tobacco, and cigarette papers 
and tubes), and sections 4181-4182 (firearms and ammunition excise 
taxes), and the Federal Alcohol Administration Act (FAA Act, 27 U.S.C. 
chapter 8). Under its IRC authorities, TTB collects the Federal excise 
taxes levied on alcohol, tobacco, firearms, and ammunition products and 
the special occupational taxes levied on certain tobacco industry 
members. Under these IRC and the FAA Act authorities, TTB also 
administers the Federal permit, registration, or notice requirements 
that apply to alcohol and tobacco industry members, as well the Federal 
requirements that apply to the production, labeling, and marketing of 
alcohol beverage products.
    Under this system of records, TTB collects certain personal 
information from individuals who file tax returns with or submit return 
information to TTB regarding excise taxes on alcohol, tobacco, 
firearms, and ammunition, and from individuals who file special 
occupational tax returns or information. Also under this system of 
records, TTB collects certain personal information about individuals 
who are associated with operations and businesses that are the subject 
of permit applications, notices, or registrations under the IRC or FAA 
Act or activity undertaken under such permits, notices, or 
registrations. Such operations and businesses include alcohol and 
tobacco permittees; alcohol, tobacco, and firearms and ammunition 
excise taxpayers; special occupational taxpayers; claimants for refund, 
abatement, credit, allowance, or drawback of excise or special 
occupational taxes; and those filing offers in compromise.

[[Page 8989]]

    While there are no significant changes to this system of records, 
TTB is modifying this system to make clarifying changes to conform to 
the latest guidance from the Department. Specifically:
     TTB is revising the system title to include the full name 
of the Department and Bureau, to read ``Department of the Treasury, 
Alcohol and Tobacco Tax and Trade Bureau (TTB) .001-Regulatory 
Enforcement System of Records.''
     TTB is revising the categories of records included in this 
system to clarify the types of personally identifiable information 
(PII) currently kept in the system, including names of individuals, 
dates of birth, Social Security Numbers (SSNs) (if collected), Employer 
Identification Numbers (EINs), and address and contact information.
     TTB is adding or revising several routine use descriptions 
for this system to clarify to whom and for what purpose TTB may provide 
information contained in this system. In particular, as required by OMB 
Memorandum M-17-12, ``Preparing for and Responding to a Breach of 
Personally Identifiable Information,'' dated January 3, 2017, TTB is 
updating the language used to describe the existing routine use for 
this system regarding sharing information with other Federal agencies 
or Federal entities to assist the Department and TTB in responding to a 
suspected or confirmed breach of this system or to prevent, minimize, 
or remedy the risk of harm from such a breach to regulated industry 
members, TTB, the Federal Government, or national security.
     Other minor changes made throughout the document are 
editorial in nature and include updates to the notice's format and 
correction of grammatical or typographic errors.
    Federal law protects PII and other information contained in this 
system from disclosure. Specifically, 5 U.S.C. 552 prohibits the 
unauthorized disclosure of confidential commercial information obtained 
by the Federal Government from regulated businesses and individuals, 
and 26 U.S.C. 6103 prohibits disclosure of tax returns and related 
information unless disclosure is specifically authorized by that 
section.
    This modified system will be included in Treasury's inventory of 
record systems. Treasury and TTB have provided a report of this system 
of records to the Committee on Oversight and Government Reform of the 
House of Representatives, the Committee on Homeland Security and 
Governmental Affairs of the Senate, and the Office of Management and 
Budget (OMB), pursuant to 5 U.S.C. 552a(r) and OMB Circular A-108, 
``Federal Agency Responsibilities for Review, Reporting, and 
Publication under the Privacy Act,'' dated December 23, 2016.
    For the reasons set forth above in the preamble, TTB proposes to 
modify its system of records entitled ``Treasury/TTB .001 Regulatory 
Enforcement Record System'' as follows:

Ryan Law,
Deputy Assistant Secretary for Privacy, Transparency, and Records.

SYSTEM NAME AND NUMBER:
    Department of the Treasury, Alcohol and Tobacco Tax and Trade 
Bureau (TTB) .001-Regulatory Enforcement System of Records.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    TTB maintains the system records at its headquarters in Washington, 
DC, and at its National Revenue Center in Cincinnati, OH, located, 
respectively, at these addresses:
     Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street 
NW, Washington, DC 20005; and
     Alcohol and Tobacco Tax and Trade Bureau, National Revenue 
Center, 550 Main Street, Suite 8002, Cincinnati, OH 45202.
    In addition, components of this system also are geographically 
dispersed throughout TTB's field offices. A list of TTB's field offices 
and their addresses is available on the TTB website at https://www.ttb.gov/about-ttb/district-office-locations.

SYSTEM MANAGER(S):
    Assistant Administrator, Permitting and Taxation, Alcohol and 
Tobacco Tax and Trade Bureau, 550 Main Street, Suite 8002, Cincinnati, 
OH 45202.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 301; 26 U.S.C. 5001, 5006(a), 5008, 5041, 5042(a)(2) and 
(3), 5044, 5051, 5055, 5056, 5061, 5062, 5064, 5101, 5132, 5172, 
5179(a), 5181, 5271(b)(1), 5275, 5301(a) and (b), 5312, 5356, 5401, 
5417, 5502, 5511(3), 5705, 5712, 6001, 6011(a), 6201, 6423, 7011, and 
7122; 27 U.S.C. 204 and 207; and section 1111(d) of the Homeland 
Security Act of 2002, as codified at 6 U.S.C. 531(d).

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system is to administer the laws under TTB's 
jurisdiction, including determining eligibility or qualifications of 
individuals who are engaged or propose to engage in activities 
regulated by TTB; assure collection of the revenue due from regulated 
industry members; preventing improper trade practices in the beverage 
distilled spirits, malt beverage, and wine industries; and interact 
with Federal, State, and local governmental agencies in the resolution 
of problems relating to revenue protection and other areas of joint 
jurisdictional concern.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The categories of individuals covered by this system of records 
include:
    (1) Individuals who file tax returns or submit return information 
to TTB regarding Federal excise taxes on alcohol, tobacco, firearms, 
and ammunition or tobacco industry-related special occupational taxes; 
and
    (2) Individuals who have filed permit applications with or who have 
been issued permits by TTB; who have filed notices or registrations 
with TTB; and/or who are in certain positions of management or control 
of such regulated businesses, or have specified levels of ownership 
interest in such regulated businesses.
    These individuals include alcohol and tobacco permittees, 
registrants, or notice holders; alcohol, tobacco, and firearms and 
ammunition excise taxpayers; special occupational taxpayers; claimants 
for refund, abatement, credit, allowance, or drawback of excise or 
special occupational taxes; and those filing offers in compromise.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system includes records containing investigative material 
compiled to meet TTB's responsibilities under the Internal Revenue Code 
of 1986 and the Federal Alcohol Administration Act, which may consist 
of the following:
     Names of individuals;
     Dates of birth;
     Social Security Numbers (SSN) (if collected);
     Telephone numbers;
     Email addresses;
     Mailing, home, and business premises addresses;
     Employer Identification Numbers (EIN);
     Abstracts of offers in compromise;
     Administrative law judge decisions;
     Assessment records including notices of proposed 
assessments, notices of shortages or losses, copies of notices from the 
Internal Revenue Service to assess taxes, and recommendations for 
assessments;
     Audit and investigation reports;
     Chief Counsel opinions and memoranda;

[[Page 8990]]

     Claim records including claims, letters of claim 
rejection, sample reports, supporting data, and vouchers and schedules 
of payment;
     Correspondence concerning records in this system and 
related matters;
     Demands for payment of excise tax liabilities;
     Financial statements;
     Letters of warning;
     Lists of permittees and licensees;
     Lists of officers, directors, and principal stockholders;
     Mailing lists;
     Notices of delinquent reports;
     Offers in compromise;
     Operational records, such as operating and inventory 
reports, and transaction records and reports;
     Orders of revocation, suspension, or annulment of permits, 
notices, registrations or licenses;
     Permits and permit histories;
     Reports of violations;
     Qualifying records including access authorizations, 
advertisement records, applications, business histories, criminal 
records, educational histories, employment histories, financial data, 
formula approvals, licenses, notices, permits, personal references, 
registrations, sample reports, special permissions and authorizations, 
and statements of process;
     Show cause orders; and
     Tax records relating to periodic payment and prepayment of 
taxes, tax returns, and notices of tax discrepancy or adjustment.

RECORD SOURCE CATEGORIES:
    This system of records has been determined to be exempt from 
compliance with the provisions of 5 U.S.C. 552a(e)(4)(I) requiring the 
record source categories be reported.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under the 
Privacy Act of 1974, 5 U.S.C. 552a(b), records and/or information or 
portions thereof maintained as part of this system may be disclosed 
outside Treasury as a routine use pursuant to 5 U.S.C. 552a(b)(3) as 
follows:
    (1) To a Federal, State, local, or foreign agency maintaining 
civil, criminal, or other relevant enforcement information or other 
pertinent information, which has requested information necessary or 
relevant to the requesting agency's official functions; including for 
the purpose of enforcing administrative, civil, or criminal laws; 
hiring or retention of an employee; issuance of a security clearance, 
license, contract, grant, or other benefit by the requesting agency, to 
the extent that the information is relevant and necessary to the 
requesting agency's decision on the matter;
    (2) To a Congressional office in response to an inquiry made at the 
request of the individual to whom the record pertains;
    (3) To a Congressional office from the record of an individual in 
response to an inquiry from that Congressional office made pursuant to 
a written Privacy Act waiver at the request of the individual to who 
the record pertains;
    (4) To the National Archives and Records Administration (or the 
Archivist's designee) pursuant to records management inspections being 
conducted under the authority of 44 U.S.C. 2904 and 2906;
    (5) To appropriate agencies, entities, and persons when: (1) The 
Department of the Treasury and/or TTB suspects or has confirmed that 
there has been a breach of the system of records; (2) the Department of 
the Treasury and/or TTB has determined that as a result of the 
suspected or confirmed breach there is a risk of harm to individuals, 
the Department of the Treasury and/or TTB (including its information 
systems, programs, and operations), the Federal Government, or national 
security; and (3) the disclosure made to such agencies, entities, and 
persons is reasonably necessary to assist in connection with the 
Department of the Treasury's and/or TTB's efforts to respond to the 
suspected or confirmed breach or to prevent, minimize, or remedy such 
harm;
    (6) To another Federal agency or Federal entity, when the 
Department of the Treasury and/or TTB determines that information from 
this system of records is reasonably necessary to assist the recipient 
agency or entity in (1) responding to a suspected or confirmed breach 
or (2) preventing, minimizing, or remedying the risk of harm to 
individuals, the recipient agency or entity (including its information 
systems, programs, and operations), the Federal Government, or national 
security, resulting from a suspected or confirmed breach;
    (7) To third parties when such disclosure is required by statute or 
Executive Order;
    (8) To third parties to the extent necessary to collect or verify 
information pertinent to TTB's decision to grant, deny, or revoke a 
license or permit; to initiate or complete an investigation of 
violations or alleged violations of laws and regulations administered 
by TTB;
    (9) To a court, magistrate, or administrative tribunal in the 
course of presenting evidence, including disclosures to opposing 
counsel or witnesses in the course of or in preparation for civil 
discovery, litigation, or settlement negotiations, in response to a 
subpoena where relevant or potentially relevant to a proceeding, or in 
connection with criminal law proceedings;
    (10) To International Criminal Police Organization (INTERPOL) and 
similar national and international intelligence gathering organizations 
for the purpose of identifying international and national criminals 
involved in consumer fraud, revenue evasion, crimes, or persons 
involved in terrorist activities;
    (11) To foreign governments in accordance with formal or informal 
international agreements;
    (12) To appropriate Federal, State, local, or foreign agencies 
responsible for investigating or prosecuting the violations of, or for 
enforcing or implementing, a statute, rule, regulation, order, or 
license, where the disclosing agency becomes aware of an indication of 
a violation or potential violation of criminal law or regulation;
    (13) To third parties for a purpose consistent with any permissible 
disclosure of returns or return information under the IRC, as amended;
    (14) To a contractor for the purpose of processing administrative 
records and/or compiling, organizing, analyzing, programming, or 
otherwise refining records subject to the same limitations applicable 
to Department of the Treasury officers and employees under the Privacy 
Act;
    (15) To the Department of Justice when seeking legal advice or when 
(a) the Department of the Treasury or (b) the disclosing agency, or (c) 
any employee of the disclosing agency in his or her official capacity, 
or (d) any employee of the agency in his or her individual capacity 
where the Department of Justice has agreed to represent the employee, 
or (e) the United States, where the disclosing agency determines that 
litigation is likely to affect the disclosing agency, is a party to 
litigation or has an interest in such litigation, and the use of such 
records by the Department of Justice is deemed by the agency to be 
relevant and necessary to the litigation; and
    (16) To the news media to provide information in accordance with 
guidelines contained in 28 CFR 50.2 that relate to an agency's 
functions relating to civil and criminal proceedings.

[[Page 8991]]

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    TTB maintains records in this system in a secure computer system 
that require the use of a personal identity verification (PIV) card and 
multi-digit personal identification number (PIN) to access, or on paper 
in secure facilities with controlled access.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records may be retrieved by name, by permit or license number, by 
document locator number, or by Employer Identification Number (EIN).

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    TTB retains and disposes of records in the system in accordance 
with records disposition schedule DAA-0564-2013-0003, approved by the 
National Archives and Records Administration (NARA) for TTB.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    TTB safeguards records in this system in accordance with applicable 
rules and policies, including all applicable Treasury automated systems 
security and access policies. TTB has imposed strict controls to 
minimize the risk of compromising the information that is being stored. 
Records stored on electronic media are protected by controlled access 
and are encrypted at rest in the system and when transmitted. 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.

RECORD ACCESS PROCEDURES:
    This system of records has been determined to be exempt from 
compliance with the access provisions of 5 U.S.C. 552a(e)(4)(H). Also 
see ``Notification Procedures'' below.

CONTESTING RECORD PROCEDURES:
    This system of records has been determined to be exempt from 
compliance with the provisions of 5 U.S.C. 552a(e)(4)(H) allowing an 
individual to contest the contents of records. Also see ``Notification 
Procedures'' below.

NOTIFICATION PROCEDURES:
    The Secretary of Treasury has exempted this system from the 
notification, access, and amendment procedures of the Privacy Act 
because it is a law enforcement system. However, Treasury and TTB will 
consider individual requests to determine whether or not information 
may be released. Thus, individuals seeking notification of and access 
to any record contained in this system of records, or seeking to 
contest its content, may inquire in writing in accordance with 
instructions appearing at 31 CFR part 1, subpart C, Appendices A-N. 
Requests for information and specific guidance on where to send 
requests for records may be addressed to: Assistant Administrator, 
Permitting and Taxation, Alcohol and Tobacco Tax and Trade Bureau, 550 
Main Street, Suite 8002, Cincinnati, OH 45202.
    When seeking records about yourself from this system of records or 
any other Departmental system of records your request must conform with 
the Privacy Act regulations set forth in Sec.  1.26 of 31 CFR part 1. 
You must first verify your identity, meaning that you must provide your 
full name, current address, and date and place of birth. You must sign 
your request, and your signature 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 should provide the following:
     An explanation of why you believe the Department would 
have information on you;
     Identify which bureau(s) of the Department you believe may 
have the information about you;
     Specify when you believe the records would have been 
created;
     Provide any other information that will help the Bureau or 
FOIA staff determine which Treasury Bureau may have responsive records; 
and
     If your request is seeking records pertaining to another 
living individual, you must include a statement from that individual 
certifying his/her agreement for you to access his/her records.
    Without this bulleted information, the Bureau(s) may not be able to 
conduct an effective search, and your request may be denied due to lack 
of specificity or lack of compliance with applicable regulations.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    The Secretary of the Treasury has designated this system as exempt 
from the following provisions of the Privacy Act pursuant to 5 U.S.C. 
552a(k)(2): 5 U.S.C. 552a(c)(3), (d)(1), (d)(2), (d)(3), (d)(4), 
(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f). See 31 CFR 1.36 as 
amended by the final rule published by the Department of the Treasury 
in the Federal Register on May 15, 2012 (77 FR 28470).

HISTORY:
    Notice of this system of records was last published in full in the 
Federal Register on January 28, 2015, (80 FR 4637) as Treasury/TTB .001 
Regulatory Enforcement Record System.

[FR Doc. 2021-02691 Filed 2-9-21; 8:45 am]
BILLING CODE 4810-31-P