[Federal Register Volume 65, Number 104 (Tuesday, May 30, 2000)]
[Rules and Regulations]
[Pages 34391-34392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13127]


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FEDERAL RESERVE SYSTEM

12 CFR Part 261a

[Docket No. R-1071]


Rules Regarding Access to Personal Information Under the Privacy 
Act

AGENCY: Board of Governors of the Federal Reserve System.

ACTION: Final rule.

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SUMMARY: In accordance with the Privacy Act, the Board of Governors of 
the Federal Reserve System (Board) is amending its Rules Regarding 
Access to Personal Information under the Privacy Act to include a new 
system of records, entitled Multi-rater Feedback Records (BGFRS-25) to 
the list of system of records that is exempt from certain required 
disclosures. Notice of the new system of records is published elsewhere 
in this Federal Register.

EFFECTIVE DATE: June 28, 2000.

FOR FURTHER INFORMATION CONTACT: Elaine M. Boutilier, Senior Counsel, 
Legal Division (202/452-2418), or Chris Fields, Manager, Human 
Resources Function, Management Division (202/452-3654), Board of 
Governors of the Federal Reserve System, 20th Street and Constitution 
Avenue, NW, Washington, DC 20551. For users of the Telecommunications 
Device for the Deaf (TDD) only, contact Janice Simms at 202/452-4984.

SUPPLEMENTARY INFORMATION:
    The Board is instituting a feedback program for its managers and 
officers. Under this Multi-rater Feedback program, Board employees who 
work for or with a particular manager or officer are asked to complete 
a voluntary, confidential questionnaire regarding the performance of 
that manager/officer and send it directly to a consultant hired by the 
Board for this program. The consultant analyzes the completed 
questionnaires and compiles a report for the manager/officer that 
summarizes the comments from the questionnaires. This report does not 
identify individual comments or those who completed the questionnaires. 
The report is given only to the manager/officer being evaluated; no 
other Board

[[Page 34392]]

employee or officer receives a copy of the report. The consultant 
maintains all of the data connected with this program, identified only 
by the name of the manager/officer being evaluated.
    Although information from the completed questionnaires is stored in 
the system of records without identifying the individual who completed 
the questionnaire, it is possible that the individual could be 
identified by careful study of the answers provided. To protect the 
confidentiality of these participants, which is expressly promised when 
the questionnaires are distributed, this data will not be available to 
the manager/officer that is the subject of the questionnaires. 
Accordingly, access to certain data in this system of records is 
restricted pursuant to the exemption provided in subsection (k)(5) of 
the Privacy Act, 5 U.S.C. 552a(k)(5). The Board's Rules Regarding 
Access to Personal Information under the Privacy Act must be amended to 
include this system of records in the list of ``exempt'' systems of 
records. In addition, the Board is taking this opportunity to remove 
from that list a system of records that was amended in 1998 and no 
longer contains information that is exempt from the access provisions 
of the Privacy Act.

Regulatory Flexibility Act

    In accordance with 5 U.S.C. 605, the Board certifies that this rule 
will not have a significant economic impact on a substantial number of 
small entities, because it applies only to internal personnel matters 
of the agency.

Administrative Procedure Act

    This rule is exempt from the rulemaking provisions of the 
Administrative Procedure Act, 5 U.S.C. 553, and the Congressional 
Review Act, pursuant to 5 U.S.C. 804(3)(B) and (C), because it is a 
rule relating to agency management or personnel and a rule of agency 
procedure that does not substantially affect the rights or obligations 
of non-agency parties.

List of Subjects in 12 CFR Part 261a

    Federal Reserve System, Privacy.

    For the reasons set forth in the preamble, the Board amends 12 CFR 
part 261a as follows:

PART 261a--RULES REGARDING ACCESS TO PERSONAL INFORMATION UNDER THE 
PRIVACY ACT OF 1974

    1. The authority citation for part 261a is revised to read as 
follows:

    Authority: 5 U.S.C. 552a


    2. In Sec. 261a.13, remove paragraph (b)(6), redesignate paragraphs 
(b)(7), (8), and (9) as paragraphs (b)(6), (7), and (8), and add a new 
paragraph (b)(9) to read as follows:


Sec. 261a.13  Exemptions.

* * * * *
    (b) * * *
    (9) BGFRS-25 Multi-rater Feedback Records.
* * * * *

    By order of the Board of Governors of the Federal Reserve 
System, May 19, 2000.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. 00-13127 Filed 5-26-00; 8:45 am]
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