78802 Federal Register / Vol. 75, No. 241 / Thursday, December 16, 2010 / Notices 

[FR Doc. 2010–31403 Filed 12–15–10; 8:45 am] 

BILLING CODE 4910–60–M 

DEPARTMENT OF THE TREASURY 

Financial Management Service 

Privacy Act of 1974, as Amended; 

System of Records 

AGENCY: Financial Management Service, 

Treasury. 

ACTION: Notice of proposed new system 

of records. 

SUMMARY: In accordance with the 

Privacy Act of 1974, as amended, the 

Financial Management Service gives 

notice of a proposed new Privacy Act 

system of records entitled ‘‘Treasury/ 

FMS .008–Mailing List Records.’’ 

DATES: Comments must be received no 

later than January 18, 2011. The 

proposed new system of records will 

become effective January 18, 2011 

unless comments are received which 

would result in a contrary 

determination. 

ADDRESSES: You should send your 

comments to Peter Genova, Deputy 

Chief Information Officer, Financial 

Management Service, 401 14th Street, 

SW., Washington, DC 20227. Comments 

received will be available for inspection 

at the same address between the hours 

of 9 a.m. and 4 p.m. Monday through 

Friday. You may send your comments 

by electronic mail to 

peter.genova@fms.treas.gov or 

regulations.gov. All comments, 

including attachments and other 

supporting materials, received are 

subject to public disclosure. You should 

submit only information that you wish 

to make available publicly. 

FOR FURTHER INFORMATION CONTACT: 

Peter Genova, Deputy Chief Information 

Officer, (202) 874–1736. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the Privacy Act of 1974, as amended, 

5 U.S.C. 552a, the Financial 

Management Service (FMS) is proposing 

to establish a new system of records 

entitled ‘‘Mailing List Records— 

Treasury/FMS .008.’’ FMS proposes to 

obtain and use mailing list records from 

commercial database providers for the 

purpose of mailing information to lowto moderate-income individuals 

(individuals with income under $35,000 

annually), who are more likely to be 

unbanked or underbanked, about 

options to receive Federal tax refund 

payments electronically. The letters will 

include information about a debit card 

account recommended by the U.S. 

Department of the Treasury (Treasury) 

to which Federal tax refund payments 

may be electronically deposited. 

Commercial database providers obtain 

information from publicly available 

records or through means that we 

understand to be compliant with 

applicable privacy laws. 

FMS, a bureau within the U.S. 

Department of the Treasury (Treasury), 

is responsible for disbursing public 

money by paper check and electronic 

funds transfer (EFT) on behalf of most 

Federal agencies. Making payments by 

EFT, rather than by paper check, 

benefits both recipients and the 

Government. Direct deposit and other 

EFT payments are credited to recipients’ 

accounts on the day payment is due, so 

the funds generally are available sooner 

than with check payments. Individuals 

receiving Federal payments 

electronically rarely have any delays or 

problems with their payments. In 

contrast, based on payment claims filed 

with FMS, nine out of ten problems 

with FMS-disbursed payments are 

related to paper checks even though 

checks constitute only 18 percent of all 

FMS-disbursed payments made by the 

Government. For example, in fiscal year 

2010, FMS mailed more than 130 

million Federal benefit checks to 

approximately 11 million benefit 

recipients, resulting in extra costs to 

taxpayers of more than $117 million 

that would not have been incurred had 

those payments been made by EFT. In 

the same fiscal year, only 63% of 

taxpayers received their tax refund 

payment electronically, with 

approximately 45 million tax refund 

payments being delivered by paper 

check, resulting in extra costs to the tax 

payers of more than $40 million that 

would not have been incurred had the 

payments been made by EFT. For 

individuals receiving EFT instead of 

paper check they receive their refund 

more quickly, with a much smaller 

chance of delay such as a lost or stolen 

check, and if they have no bank account 

without the need to pay for private 

check cashing service to get access 

quickly to the funds in their refund 

check. 

For the 2010 tax filing season, FMS 

will mail approximately 600,000 letters 

to low- and moderate-income 

individuals offering them the 

opportunity to participate in a pilot 

program to establish a reloadable debit 

card account to which their Federal tax 

refund payments could be deposited 

electronically. For this purpose, FMS 

will purchase name and address 

information for low- to moderateincome individuals from a commercial 

database provider. In addition, the 

mailing list records may also be used to 

study the effectiveness of mailing 

outreach designed to streamline 

payment processes. 

The records covered by the proposed 

system are necessary to allow FMS to 

offer electronic payment options to a 

wide variety of potential Federal 

payment recipients. The records may be 

received directly by FMS, its fiscal or 

financial agents, and/or contractors. The 

records include names and mailing 

addresses only as necessary to deliver 

information to individuals about the 

benefits of electronic payments and the 

availability of a Treasury-recommended 

debit card account that can be used to 

receive payments electronically. 

Without such information, FMS would 

have significant difficulty in reaching 

low- to moderate-income individuals 

who may be receiving a tax refund 

payment to inform them about the 

benefits of electronic payments and the 

availability of the Treasuryrecommended debit card account for 

this purpose. 

In addition to the purposes cited 

above, the information contained in the 

covered records will be used to study 

the effectiveness to evaluate how the 

group responded to account options, 

and whether they utilized them. To 

study program efficacy, FMS may use its 

mailing list records to collect aggregate 

statistical information on the success 

and benefits of direct mail and the use 

of commercial database providers. 

FMS recognizes the sensitive nature 

of the confidential information it 

obtains when collecting individuals’ 

names and addresses, and has many 

safeguards in place to protect the 

information from theft or inadvertent 

disclosure. When appropriate, FMS’s 

arrangements with its fiscal and 

financial agents and contractors include 

requirements that preclude them from 

retaining, disclosing, and using the 

information for any purpose other than 

mailing of information about the benefit 

of electronic payments and account 

options and assessing the effectiveness 

of the outreach. In addition to various 

procedural and physical safeguards, 

access to computerized records is 

limited, through the use of access codes, 

encryption techniques and/or other 

internal mechanisms. Access to records 

is granted only as authorized by a 

business line manager at FMS or FMS’s 

fiscal or financial agent to those whose 

official duties require access solely for 

the purposes outlined in the proposed 

system. 

The new system of records report, as 

required by 5 U.S.C. 552a(r) of the 

Privacy Act, has been submitted to the 

Committee on Government Reform of 

the House of Representatives, the 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 241 / Thursday, December 16, 2010 / Notices 78803 

Committee on Governmental Affairs of 

the Senate, and the Office of 

Management and Budget, pursuant to 

Appendix I to OMB Circular A–130, 

‘‘Federal Agency Responsibilities for 

Maintaining Records About 

Individuals,’’ dated November 30, 2000. 

For the reasons set forth in the 

preamble, FMS proposes a new system 

of records Treasury/FMS .008–Mailing 

List Records, which is published in its 

entirety below. 

Dated: December 8, 2010. 

Melissa Hartman, 

Deputy Assistant Secretary for Privacy, 

Transparency, and Records. 

Treasury/FMS .008 

SYSTEM NAME: 

Mailing List Records—Treasury/ 

Financial Management Service. 

SYSTEM LOCATION: 

Records are located at the offices of 

Financial Management Service, 401 

14th Street, SW., Washington, DC 

20227, or its fiscal or financial agents at 

various locations. The addresses of the 

fiscal or financial agents may be 

obtained by contacting the System 

Manager below. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Low- to moderate-income individuals, 

who are more likely to be unbanked or 

underbanked, who could potentially 

receive Federal tax refund payments, 

and whose names and addresses are 

included on mailing lists purchased 

from commercial providers. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

The records may contain identifying 

information, such as an individual’s 

name(s) and address. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

5 U.S.C. 301; 31 U.S.C. 321; 31 U.S.C. 

chapter 33; 31 U.S.C. 3332; Title XII of 

the Dodd-Frank Wall Street Reform and 

Consumer Protection Act (Pub. L. 111– 

203, Jul. 21, 2010). 

PURPOSE(S): 

The purpose of this system is to 

maintain limited records (names and 

addresses) about low- to moderate 

income individuals, who are more likely 

to be unbanked or underbanked, and 

who could potentially receive Federal 

tax refund payments. The records are 

used to send letters to individuals 

informing them of the benefits of 

electronic payments and Treasuryrecommended account options for 

receiving payments electronically. 

Without the information, FMS, its fiscal 

or financial agents and contractors, 

would not be able to directly notify 

prospective payment recipients about 

the benefits of electronic payments and 

the Treasury-recommended account 

options for the receipt of Federal 

payments electronically. 

The information will also be used to 

study the effectiveness of offering 

account options to individuals for the 

purpose of receiving Federal payments. 

To study program efficacy, FMS may 

use its mailing list records to collect 

aggregate statistical information on the 

success and benefits of direct mail and 

the use of commercial database 

providers. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

These records may be used to disclose 

information to: 

(1) The U.S. Department of Justice 

(‘‘DOJ’’) for its use in providing legal 

advice to the Department or in 

representing the Department in a 

proceeding before a court, adjudicative 

body, or other administrative body 

before which the Department is 

authorized to appear, where the use of 

such information by the DOJ is deemed 

by the Department to be relevant and 

necessary to the litigation, and such 

proceeding names as a party or interests: 

(a) The Department or any component 

thereof; (b) Any employee of the 

Department in his or her official 

capacity; (c) Any employee of the 

Department in his or her individual 

capacity where DOJ has agreed to 

represent the employee; or (d) The 

United States, where the Department 

determines that litigation is likely to 

affect the Department or any of its 

components. 

(2) A congressional office in response 

to an inquiry made at the request of the 

individual to whom the record pertains. 

(3) Fiscal agents, financial agents, and 

contractors for the purpose of mailing 

information to individuals about the 

benefits of electronic Federal payments 

and Treasury-recommended account 

options for receipt of federal payments 

electronically, including, but not 

limited to, processing direct mail or 

performing other marketing functions; 

and creating and reviewing statistics to 

improve the quality of services 

provided. 

(4) Federal agencies, their agents and 

contractors for the purposes of 

implementing and studying options for 

encouraging current and prospective 

Federal payment recipients to receive 

their Federal payments electronically. 

(5) Representatives of the National 

Archives and Records Administration 

(NARA) who are conducting records 

management inspections under 

authority of 44 U.S.C. 2904 and 2906. 

(6) Appropriate agencies, entities, and 

persons when: (a) FMS suspects or has 

confirmed that the security or 

confidentiality of information in the 

system of records has been 

compromised; (b) FMS has determined 

that as a result of the suspected or 

confirmed compromise there is a risk of 

harm to economic or property interests, 

identity theft or fraud, or harm to the 

security or integrity of this system or 

other systems or programs (whether 

maintained by FMS or another agency 

or entity) that rely upon the 

compromised information; and (c) the 

disclosure made to such agencies, 

entities, and persons is reasonably 

necessary to assist in connection with 

FMS’s efforts to respond to the 

suspected or confirmed compromise 

and prevent, minimize, or remedy such 

harm. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records are maintained in paper and 

electronic media. 

RETRIEVABILITY: 

Records are retrieved by name, 

address, or other alpha/numeric 

identifying information. 

SAFEGUARDS: 

All official access to the system of 

records is on a need-to-know basis only, 

as authorized by a business line 

manager at FMS or FMS’s fiscal or 

financial agent. Procedural and physical 

safeguards, such as personal 

accountability, audit logs, and 

specialized communications security, 

are utilized. Each user of computer 

systems containing records has 

individual passwords (as opposed to 

group passwords) for which he or she is 

responsible. Thus, a security manager 

can identify access to the records by 

user. Access to computerized records is 

limited, through use of access codes, 

encryption techniques, and/or other 

internal mechanisms, to those whose 

official duties require access. Storage 

facilities are secured by various means 

such as security guards, badge access, 

and locked doors with key entry. 

RETENTION AND DISPOSAL: 

Electronic and paper records for mail 

operations based on the use of the 

mailing list records will be retained in 

accordance with FMS’s record retention 

requirements or as otherwise required 

by statute or court order. FMS disposes, 

or arranges for the disposal of records in 


srobinson on DSKHWCL6B1PROD with NOTICES
78804 Federal Register / Vol. 75, No. 241 / Thursday, December 16, 2010 / Notices 

electronic media using industryaccepted techniques, and in accordance 

with applicable FMS policies regarding 

the retention and disposal of fiscal or 

financial agency records. Paper records 

are destroyed in accordance with fiscal 

or financial agency archive and disposal 

procedures and applicable FMS policies 

regarding the retention and disposal of 

fiscal agency records. 

SYSTEM MANAGER(S) AND ADDRESS: 

Agency Enterprise Solutions Division, 

Payment Management, Financial 

Management Service, 401 14th Street, 

SW., Washington, DC 20227. 

NOTIFICATION PROCEDURE: 

Inquiries under the Privacy Act of 

1974, as amended, shall be addressed to 

the Disclosure Officer, Financial 

Management Service, 401 14th Street, 

SW., Washington, DC 20227. All 

individuals making inquiries should 

provide with their request as much 

descriptive matter as is possible to 

identify the particular record desired. 

The system manager will advise as to 

whether FMS maintains the records 

requested by the individual. 

RECORD ACCESS PROCEDURES: 

Individuals requesting information 

under the Privacy Act of 1974, as 

amended, concerning procedures for 

gaining access to or contesting records 

should write to the Disclosure Officer. 

All individuals are urged to examine the 

rules of the U.S. Department of the 

Treasury published in 31 CFR part 1, 

subpart C, and appendix G, concerning 

requirements of this Department with 

respect to the Privacy Act of 1974, as 

amended. 

CONTESTING RECORD PROCEDURES: 

See ‘‘Record access procedures’’ 

above. 

RECORD SOURCE CATEGORIES: 

Information in this system is provided 

by commercial database providers based 

on publicly available information. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

[FR Doc. 2010–31534 Filed 12–15–10; 8:45 am] 

BILLING CODE 4810–35–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Proposed Collection; Comment 

Request for Revenue Procedure 2003– 

45 and Revenue Procedure 2004–48 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Department of the 

Treasury, 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 proposed 

and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 (44 U.S.C. 

3506(c)(2)(A)). Currently, the IRS is 

soliciting comments concerning 

Revenue Procedure 2003–45, Late 

Election Relief for S Corporations, and 

Revenue Procedure 2004–48, Deemed 

Corporate Election for Late Electing S 

Corporations. 

DATES: Written comments should be 

received on or before February 14, 2011 

to be assured of consideration. 

ADDRESSES: Direct all written comments 

to Allan Hopkins, Internal Revenue 

Service, Room 6129, 1111 Constitution 

Avenue, NW., Washington, DC 20224. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the revenue procedures should 

be directed to Elaine Christophe, at 

Internal Revenue Service, Room 6129, 

1111 Constitution Avenue, NW., 

Washington, DC 20224, or at (202) 622– 

3179, or through the Internet at 

Elaine.H.Christophe@irs.gov. 

SUPPLEMENTARY INFORMATION: 

Title: Revenue Procedure 2003–45, 

Late Election Relief for S Corporations, 

and Revenue Procedure 2004–48, 

Deemed Corporate Election for Late 

Electing S Corporations. 

OMB Number: 1545–1548. Revenue 

Procedure Number: Revenue Procedure 

2003–45 and Revenue Procedure 2004– 

48. 

Abstract: Revenue Procedure 2003–45 

provides a simplified method for 

taxpayers to request relief for late S 

corporation elections, Electing Small 

Business Trust (ESBT) elections, 

Qualified Subchapter S Subsidiary 

(QSub) elections. Generally, this 

revenue procedure provides that certain 

eligible entities may be granted relief for 

failing to file these elections in a timely 

manner if the request for relief is filed 

with 24 months of the due date of the 

election. Revenue Procedure 2004–48 

provides a simplified method for 

taxpayers to request relief for a late S 

corporation election and a late corporate 

classification election which was 

intended to be effective on the same 

date that the S corporation election was 

intended to be effective. 

Current Actions: There are no changes 

being made to these revenue procedures 

at this time. 

Type of Review: Extension of a 

currently approved collection. 

Affected Public: Business or other forprofit organizations. 

Estimated Number of Respondents: 

50,000. 

Estimated Average Time per 

Respondent: 1 hour. 

Estimated Total Annual Burden 

Hours: 50,000. 

The following paragraph applies to all 

of the collections of information covered 

by this notice: 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless the collection of information 

displays a valid OMB control number. 

Books or records relating to a collection 

of information must be retained as long 

as their contents may become material 

in the administration of any internal 

revenue law. Generally, tax returns and 

tax return information are confidential, 

as required by 26 U.S.C. 6103. 

Request for Comments: Comments 

submitted in response to this notice will 

be summarized and/or included in the 

request for OMB approval. All 

comments will become a matter of 

public record. Comments are invited on: 

(a) Whether the collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information shall have practical utility; 

(b) the accuracy of the agency’s estimate 

of the burden of the collection of 

information; (c) ways to enhance the 

quality, utility, and clarity of the 

information to be collected; (d) ways to 

minimize the burden of the collection of 

information on respondents, including 

through the use of automated collection 

techniques or other forms of information 

technology; and (e) estimates of capital 

or start-up costs and costs of operation, 

maintenance, and purchase of services 

to provide information. 

Approved: December 7, 2010. 

Allan Hopkins, 

IRS Reports Clearance Officer. 

[FR Doc. 2010–31589 Filed 12–15–10; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Proposed Collection; Comment 

Request for HCTC Program Forms 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 


srobinson on DSKHWCL6B1PROD with NOTICES