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Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations
Department/SIGPRs ability to collect and collate investigative, intelligence, and enforcement data. In addition:
i Confidential sources or undercover law enforcement officers often obtain information under circumstances in which it is necessary to keep the true purpose of their actions secret so as not to let the subject of the investigation, or his or her associates, know that a criminal investigation is in progress.
ii If it became known that the undercover officer was assisting in a criminal investigation, that officers physical safety could be endangered through reprisal, and that officer may not be able to continue working on the investigation.
iii Individuals often feel inhibited talking to a person representing a criminal law enforcement agency but are willing to talk to a confidential source or undercover officer whom they believe is not involved in law enforcement activities.
iv Providing a confidential source of information with written evidence that he or she was a source, as required by this provision, could increase the likelihood that the source of information would be subject to retaliation by the subject of the investigation.
v Individuals may be contacted during preliminary information gathering, surveys, or compliance projects concerning the administration of the internal revenue laws before any individual is identified as the subject of an investigation. Informing the individual of the matters required by this provision could impede or compromise subsequent investigations.
10 Exempted from 5 U.S.C.
552ae5 Agency Requirements/
Record Maintenance. Because the definition of maintain includes collect and disseminate, this provision could hinder the initial collection of any information that might not be determined or determinable, at the moment of collection, to be accurate, relevant, timely, and complete.
Similarly, application of this provision could seriously restrict the Department/
SIGPRs ability to disseminate information pertaining to a possible violation of law to law enforcement and regulatory agencies. In collecting information during a criminal investigation, it is often impossible or unfeasible to determine accuracy, relevance, timeliness, or completeness prior to collection of the information. In disseminating information to law enforcement and regulatory agencies, it is often impossible to determine accuracy, relevance, timeliness, or completeness prior to dissemination because the Department/SIGPR may not
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have the expertise with which to make such determinations. Information that may initially appear inaccurate, irrelevant, untimely, or incomplete may, when collated and analyzed with other available information, become more pertinent as an investigation progresses.
In addition, application of this provision could seriously impede criminal investigators and intelligence analysts in the exercise of their judgment in reporting results obtained during criminal investigations.
11 Exempted from 5 U.S.C.
552ae8 Agency Requirements/
Notice because it could reveal investigative techniques and procedures outlined in those records and to prevent revelation of the existence of an ongoing investigation where there is need to keep the existence of the investigation secret.
12 Exempted from 5 U.S.C. 552ag Civil Remedies because, if the civil remedies relate to provisions of 5 U.S.C.
552a from which these rules exempt the systems of records, there should be no civil remedies for failure to comply with provisions from which the Department/
SIGPR is exempted. Exemption from this provision will also protect the Department/SIGPR from baseless civil court actions that might hamper its ability to collate, analyze, and disseminate investigative, intelligence, and law enforcement data.
Any information from a system of records for which an exemption is claimed under 5 U.S.C. 552aj2 or 5
U.S.C. 552ak2, which is also included in another system of records, retains the same exempt status such information has in the system of records for which such exemption is claimed.
This rule is not a significant regulatory action under Executive Order 12866.
Pursuant to the requirements of the Regulatory Flexibility Act RFA, 5
U.S.C. 601612, it is hereby certified that this rule will not have significant economic impact on a substantial number of small entities. The term small entity is defined to have the same meaning as the terms small business, small organization, and small governmental jurisdiction as defined in the RFA.
The regulation, issued under sections j2 and k2 of the Privacy Act, is to exempt certain information maintained by the Department/SIGPR in the abovereferenced systems of records from certain Privacy Act requirements in this system of records by individuals who are United States citizens or aliens lawfully admitted for permanent residence. In as much as the Privacy Act rights are personal and apply only to
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U.S. citizens or an alien lawfully admitted for permanent residence, small entities, as defined in the RFA, are not provided rights under the Privacy Act and are outside the scope of this regulation.
Public Comments Treasury received no comment on the notice of proposed rulemaking. No comment was received on the system of records notice. Treasury will implement the rulemaking as proposed.
List of Subjects in 31 CFR Part 1
Privacy.
For the reasons stated in the preamble, part 1, subpart C of Title 31
of the Code of Federal Regulations is amended as follows:
PART 1AMENDED
1. The authority citation for part 1
continues to read as follows:

Authority: 5 U.S.C. 301 and 31 U.S.C. 321.
Subpart A also issued under 5 U.S.C. 552, as amended. Subpart C also issued under 5
U.S.C. 552a, as amended.

2. Section 1.36 is amended by adding entries for SIGPR .420, SIGPR .421, and SIGPR .423 in alphanumeric order to the tables in paragraphs c1ii and g1ii to read as follows:

1.36 Systems exempt in whole or in part from provisions of 5 U.S.C. 522a and this part.

c
1
ii

Number

System name

SIGPR .420Audit and Evaluations Records.
SIGPR .421Case Management System and Investigative Records.
SIGPR .423Legal Records.

g
1
ii
Number

System name

SIGPR .420Audit and Evaluations Records.
SIGPR .421Case Management System and Investigative Records.
SIGPR .423Legal Records.

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