[Federal Register Volume 59, Number 195 (Tuesday, October 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25006]


[[Page Unknown]]

[Federal Register: October 11, 1994]


                                                   VOL. 59, NO. 195

                                          Tuesday, October 11, 1994

DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 1

 

Administrative Regulations; Privacy Act Regulations

AGENCY: Office of the Secretary, U.S. Department of Agriculture.

ACTION: Proposed rule.

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SUMMARY: This proposed rule would amend 7 CFR 1.22 by exempting four 
systems of records from certain sections of the Privacy Act (5 U.S.C. 
552a) pursuant to 5 U.S.C. 552a(j). The previous list of exempt systems 
published in the Federal Register at 54 FR 39517, September 27, 1989, 
was omitted inadvertently from 7 CFR 1.22. The list of exempt systems 
contained in the Federal Register notice at 54 FR 39517 is proposed to 
be amended by this notice. In addition, this proposed rule would amend 
7 CFR 1.123 by changing the list of Office of Inspector General (OIG) 
systems of records covered under those sections to reflect changes in 
the names of two of the systems of records, to add a third system which 
is being split-off from one of the other systems, and to include the 
investigative records portion of a fourth system.
    These proposed amendments are being made in conjunction with the 
notice of proposed amendments to the USA/OIG systems of records which 
is published elsewhere in today's issue of the Federal Register.

DATES: Comments must be submitted on or before December 12, 1994.

ADDRESSES: Interested persons may submit comments to Paula F. Hayes, 
Assistant Inspector General for Policy Development and Resources 
Management, Office of Inspector General, USDA, Washington, DC 20250-
2310.

FOR FURTHER INFORMATION CONTACT:
Paula F. Hayes, Assistant Inspector General for Policy Development and 
Resources Management, Office of Inspector General, USDA, Washington, DC 
20250-2310 (202-720-6979).

SUPPLEMENTARY INFORMATION: For the system listed as USDA/OIG-2, 
``Intelligence Records,'' OIG proposes to change the name to 
``Informant and Undercover Agent Records'' which represents a more 
descriptive title for the records contained in the system. For the 
system listed as USDA/OIG-3, ``Investigative Files and Subject/Title 
Index,'' OIG proposes to change the name to ``Investigative Files and 
Automated Investigative Indices System'' to reflect computerization of 
part of the system. OIG also proposes to add systems USDA/OIG-4, ``OIG 
Hotline Complaint Records,'' and USDA/OIG-5, ``Consolidated 
Assignments, Personnel Tracking, and Administrative Information Network 
(CAPTAIN),'' to the exemption lists in 7 CFR 1.122 and 1.123. It is 
proposed that the hotline records no longer be considered part of the 
``Investigative Files'' system (USDA/OIG-3), but be set up as a 
separate system of records because the heavy volume of activity in this 
area necessitates a separate control. It is also proposed that the 
investigative records portion of system USDA/OIG-5, which is a 
computerized data base system, be considered exempt similar to other 
investigative records.
    These amendments are not considered substantive because the basic 
OIG records covered by the exemptions in 7 CFR 1.122 and 1.123 remain 
the same as before. The justifications for these exemptions were 
published with the proposed rule at 54 FR 11204, March 17, 1989, and 
were further explained when the final rule was published at 54 FR 
39517, September 27, 1989. Although two new systems of records are 
proposed to be added to the exemption lists, the exemptions for those 
records are not new because the records were previously considered 
exempted as part of the ``Investigative Files'' system.
    This proposed rule has been reviewed under Departmental Regulation 
1512-1 and Executive Order No. 12866 and has been determined not to be 
a ``significant regulatory action'' for the following reasons:
    (1) It would not 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) Would not create a serious inconsistency or otherwise interfere 
with an action taken or planned by another agency;
    (3) Would not alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or rights and obligations of recipients 
thereof; and
    (4) Would not raise novel legal or policy issues arising out of 
legal mandates, the President's priorities, or principles set forth in 
Executive Order 12866.
    In addition, it has been determined that this proposed rule would 
not have a significant economic impact on a substantial number of small 
entities under the criteria of the Regulatory Flexibility Act.

List of Subjects in 7 CFR Part 1

    Privacy.

    For the reasons set out in the preamble, it is proposed to amend 7 
CFR, subtitle A, part 1, subpart G, as follows:

PART 1--ADMINISTRATIVE REGULATIONS

Subpart G--Privacy Act Regulations

    1. The authority citation for subpart G continues to read as 
follows:

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

    2. It is proposed to amend Sections 1.122 by adding the lists of 
exempt systems of records for the Office of Inspector General and 
Sec. 1.123 by revising the lists of exempt systems of records for the 
Office of Inspector General to read as follows:


Sec. 1.122  General exemptions.

* * * * *
Office of Inspector General
    Informant and Undercover Agent Records, USDA/OIG-2.
    Investigative Files and Automated Investigative Indices System, 
USDA/OIG-3.
    OIG Hotline Complaint Records, USDA/OIG-4.
    Investigations Subsystem and Investigative Employee Time Records 
portions of the Consolidated Assignments, Personnel Tracking, and 
Administrative Information Network (CAPTAIN), USDA/OIG-5.


Sec. 1.123  Specific exemptions.

* * * * *
Office of Inspector General
    Informant and Undercover Agent Records, USDA/OIG-2.
    Investigative Files and Automated Investigative Indices System, 
USDA/OIG-3.
    OIG Hotline Complaint Records, USDA/OIG-4.

    Investigations Subsystem and Investigative Employee Time Records 
portions of the Consolidated Assignments, Personnel Tracking, and 
Administrative Information Network (CAPTAIN), USDA/OIG-5.
* * * * *
    Done at Washington, DC., this 28th day of September 1994.
Mike Espy,
Secretary of Agriculture.
[FR Doc. 94-25006 Filed 10-7-94; 8:45 am]
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