[Federal Register Volume 59, Number 139 (Thursday, July 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17750]


[[Page Unknown]]

[Federal Register: July 21, 1994]


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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement

 

Privacy Act of 1974--Deletion of Notice of System of Records

    Pursuant to the provisions of the Privacy Act of 1974, as amended 
(5 U.S.C. 552a), notice is hereby given that the Department of the 
Interior is deleting from its inventory of Privacy Act systems of 
records a notice describing records maintained by the Office of Surface 
Mining Reclamation and Enforcement. The system of records notice being 
abolished is entitled ``Applicant/Violator System (AVS)--Interior, 
OSMRE-9'' It was previously published in the Federal Register on 
November 16, 1989 (54 FR 47734). A review of the system of records has 
determined that the records are not subject to the Privacy Act.
    The review was prompted by an opinion issued by the General 
Counsel, Office of Management and Budget (OMB), on August 30, 1988, 
affirming OMB's 1975 guidelines which interpreted the statutory term 
``individual'' to exclude natural persons acting in an entrepreneurial 
capacity from the coverage of the Privacy Act. A review of the 
Applicant/ Violator System conducted by the Office of Surface Mining 
Reclamation and Enforcement indicated that the records contain 
information about persons in their entrepreneurial capacity and not in 
their capacity as individuals. Therefore, the notice is being deleted 
from the Department's compilation of Privacy Act systems of records 
notices.
    This change shall be effective on publication in the Federal 
Register. Additional information regarding this action may be obtained 
from the Departmental Privacy Act Officer, Office of the Secretary, 
Office of Administrative Services, 1849 ``C'' Street NW., Mail Stop 
5412 MIB, Washington, DC 20240, telephone (202) 208-6045.

    Dated: July 15, 1994.
Albert C. Camacho,
Director, Office of Administrative Services.
[FR Doc. 94-17750 Filed 7-20-94; 8:45 am]
BILLING CODE 4310-01-M