[Federal Register Volume 59, Number 71 (Wednesday, April 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8867]


[[Page Unknown]]

[Federal Register: April 13, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 16

[FRL-4860-9]

 

Privacy Act of 1974; Exemptions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Pursuant to subsection (k) of the Privacy Act of 1974, as 
amended, 5 U.S.C. 552a(k), EPA hereby amends its regulations at 40 CFR 
part 16 to exempt a system of records from compliance with certain 
subsections of the Act. The EPA-30 system of records, which was 
previously published in the Federal Register on August 12, 1992 (57 FR 
36092), is called ``OIG Hotline Allegation System--EPA/OIG'' and is 
maintained by the EPA Office of Inspector General (OIG). This amendment 
is made to maintain the efficiency and integrity of OIG investigations, 
audits, or referrals that result from complaints concerning the 
possible existence of activities constituting a violation of law, 
rules, or regulations, mismanagement, gross waste of funds, abuse of 
authority, or a substantial and specific danger to the public health or 
safety.
    EPA published the proposed rule in the Federal Register on November 
22, 1993 (58 FR 61638) for a 30-day comment period. No comments were 
received from the public. This final rule is identical to the proposed 
rule.

EFFECTIVE DATE: April 13, 1994.

FOR FURTHER INFORMATION CONTACT: John C. Jones, Assistant Inspector 
General for Management, Office of Inspector General (2441), 
Environmental Protection Agency, 401 M Street, SW., Washington, DC 
20460, Telephone: (202) 260-4912.

SUPPLEMENTARY INFORMATION: On July 2, 1986, EPA's final rule exempting 
several systems of records from compliance with certain subsections of 
the Privacy Act of 1974, as amended, was published in the Federal 
Register (51 FR 24145). EPA claimed a specific exemption for four 
systems of records under the authority of 5 U.S.C. 552a(k)(2). The 
exempted systems of records are identified at 51 FR 24146 and 24148 and 
are codified at 40 CFR 16.14(a)(1).
    EPA is adding a system of records to those systems of records for 
which a specific exemption under 5 U.S.C. 552a(k)(2) has already been 
claimed. The EPA-30 system of records is called ``OIG Hotline 
Allegation System--EPA/OIG.'' A notice describing that system of 
records was published in the Federal Register on August 12, 1992 (57 FR 
36092).
    Under the Inspector General Act of 1978, as amended, 5 U.S.C. app., 
EPA's Inspector General has the duty to recommend policies for and to 
conduct, supervise, and coordinate activities in EPA and between EPA 
and other Federal, State, and local governmental agencies with respect 
to: (1) The prevention and detection of fraud in programs and 
operations administered or financed by EPA, and (2) the identification 
and prosecution of participants in such fraud. In addition, whenever 
the Inspector General has reasonable grounds to believe there has been 
a violation of Federal criminal law, the Inspector General must report 
the matter expeditiously to the Attorney General.
    The OIG Hotline Allegation System, which is operated and maintained 
by the OIG, Office of Management, Program Management Division, contains 
complaints and allegations received from employees of EPA, employees of 
other Federal agencies, employees of State and local agencies, and 
private citizens concerning the possible existence of fraud relating to 
Agency programs and operations. The system has been created in major 
part to support the criminal law enforcement activities assigned by the 
Inspector General to the Assistant Inspector General for 
Investigations.
    In addition to its principal function pertaining to the enforcement 
of criminal laws, the OIG Hotline Allegation System contains complaints 
and allegations received from various sources concerning the possible 
existence of activities constituting a noncriminal violation of law, 
rules, or regulations, mismanagement, gross waste of funds, abuse of 
authority, or a substantial and specific danger to the public health or 
safety. Such complaints and allegations are referred to investigators 
or auditors in the OIG, to other components of EPA, or to other 
Federal, State, or local governmental agencies, as appropriate.
    Under 5 U.S.C. 552a(k)(2), the head of any agency may promulgate 
rules to exempt a system of records from certain subsections of the 
Privacy Act of 1974, as amended, if the system of records contains 
investigatory material compiled for law enforcement purposes, other 
than material within the scope of 5 U.S.C. 552a(j)(2), subject to 
certain restrictions.
    Accordingly, EPA is promulgating this rule to exempt the EPA-30 
system of records to the extent that the system of records contains 
investigatory material compiled for law enforcement purposes, other 
than material within the scope of 5 U.S.C. 552a(j)(2), from the 
following subsections of the Privacy Act of 1974, as amended, as 
permitted by 5 U.S.C. 552a(k)(2): 5 U.S.C. 552a(c)(3), (d), (e)(1), 
(e)(4) (G), (H), and (I), and (f).
    Reasons for exemptions: EPA is exempting this system of records 
from the above requirements of the Privacy Act of 1974, as amended, to 
accomplish the law enforcement functions of the OIG (e.g., to prevent 
subjects of investigations from frustrating the investigatory process 
by discovering the scope and progress of an investigation; to prevent 
the disclosure of investigative techniques; to fulfill commitments made 
to protect confidentiality of sources; to maintain access to sources of 
information; and to avoid endangering these sources and law enforcement 
personnel). Additional reasons for exempting this system of records are 
set forth in EPA's final rule pertaining to Privacy Act exemptions 
published in the Federal Register of July 2, 1986 (51 FR 24145).
    EPA is making this final rule effective upon publication in the 
Federal Register to ensure that sensitive information in the EPA-30 
system of records is immediately exempt from disclosure so that the OIG 
can accomplish the law enforcement functions described above. In 
accordance with 5 U.S.C. 553(d)(3), EPA believes this reason 
constitutes the required ``good cause'' to make the rule effective 
immediately.

Executive Order 12866

    Under Executive Order 12866 (58 FR 51735 (October 4, 1993)), the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to Office of Management and Budget (OMB) review 
and the requirements of the Executive Order. The Order defines 
``significant regulatory action'' as one that is likely to result in a 
rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    EPA has determined that this rule is not a ``significant regulatory 
action'' under the terms of Executive Order 12866. OMB received a copy 
of the proposed rule during the public comment period and provided no 
comments to EPA.

Paperwork Reduction Act

    This rule does not constitute an information collection request 
within the meaning of the Paperwork Reduction Act of 1980, 44 U.S.C. 
3501 et seq. Therefore, this rule is not subject to the requirements of 
the Paperwork Reduction Act of 1980.

Regulatory Flexibility Act

    Section 604(a) of the Regulatory Flexibility Act, 5 U.S.C. 604(a), 
requires EPA to prepare a final regulatory flexibility analysis in 
connection with any rulemaking for which EPA must publish a general 
notice of proposed rulemaking. The required regulatory flexibility 
analysis must contain a statement of the need for the rule, a summary 
of the issues raised by public comments, and a description of 
alternatives considered.
    Section 605(b) of the Act, however, provides that section 604 of 
the Act ``shall not apply to any proposed or final rule if the head of 
the agency certifies that the rule will not, if promulgated, have a 
significant economic impact on a substantial number of small 
entities.'' Pursuant to section 605(b) of the Regulatory Flexibility 
Act, 5 U.S.C. 605(b), EPA certifies that this rule will not have a 
significant economic impact on a substantial number of small entities. 
This rule, which exempts the OIG Hotline Allegation System from certain 
subsections of the Privacy Act of 1974, as amended, will have no 
economic impact on any businesses, large or small.

List of Subjects in 40 CFR Part 16

    Environmental protection, Privacy.

    Dated: April 1, 1994.
Carol M. Browner,
Administrator.

    Therefore, 40 CFR part 16 is amended as follows:

PART 16--[AMENDED]

    1. The authority citation for part 16 continues to read as follows:

    Authority: 5 U.S.C. 552a.

    2. Section 16.14 is amended by revising paragraph (a)(1) to read as 
follows:


Sec. 16.14  Specific exemptions.

    (a) Exemptions under 5 U.S.C. 552a(k)(2).--(1) Systems of records 
affected.

    EPA-2 General Personnel Records--EPA.
    EPA-4 OIG Criminal Investigative Index and Files--EPA/OIG.
    EPA-5 OIG Personnel Security Files--EPA/OIG.
    EPA-17 NEIC Criminal Investigative Index and Files--EPA/NEIC/
OCI.
    EPA-30 OIG Hotline Allegation System--EPA/OIG.
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[FR Doc. 94-8867 Filed 4-12-94; 8:45 am]
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