[Federal Register Volume 65, Number 249 (Wednesday, December 27, 2000)]
[Proposed Rules]
[Pages 81784-81785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-32958]


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POSTAL SERVICE

39 CFR Part 266


Privacy Act of 1974; Implementation

AGENCY: Postal Service.

ACTION: Proposed rule.

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SUMMARY: The Postal Service is proposing to amend its regulations 
implementing the Privacy Act of 1974, 5 U.S.C. 552a. This amendment 
modifies existing regulations (39 CFR 266.9) to exempt system of 
records, Office of Inspector General-Investigative File System, USPS 
300.010, from certain provisions of the Act and corresponding agency 
regulations.

DATES: Comments must be received on or before January 26, 2001.

ADDRESSES: Written comments should be addressed to the Manager, Finance 
Administration/FOIA, Postal Service, 475 L'Enfant Plaza SW, Room 8141, 
Washington, DC 20260-5202. Copies of all written comments will be 
available Monday through Friday for public inspection and photocopying 
between 9 a.m. and 4 p.m. at the above address.

FOR FURTHER INFORMATION CONTACT: Gladis Griffith, Legal Director, 
Office of Inspector General (703) 248-4683.

SUPPLEMENTARY INFORMATION: The Office of Inspector General (OIG) is a 
component of the Postal Service that performs as one of its principal 
functions investigations into violations of criminal law in connection 
with Postal Service programs and operations, pursuant to the Inspector 
General Act of 1978, as amended. 5 U.S.C. App.3. The OIG Investigative 
File System falls within the scope of subsections (j)(2), (k)(2), and 
(k)(5) of the Act.

[[Page 81785]]

    The Postal Service has exempted certain systems of records that it 
maintains from specific provisions of the Privacy Act. At the time it 
adopted the exemptions contained in its Privacy Act regulations (39 CFR 
266.9), the Postal Service stated its reason for each exemption in the 
preamble of the notice of proposed rulemaking (40 FR 37227, August 26, 
1975). These reasons were added to the text of Sec. 266.9 by final rule 
published July 13, 1994 (59 FR 35625). This proposed rule does not 
change the current application of exemptions, except to apply certain 
exemptions to the OIG Investigative File System.

List of subjects in 39 CFR Part 266 Privacy.

PART 266--[Amended]

    Accordingly, 39 CFR is amended as set forth below:
    1. The authority citation for Part 266 continues to read as 
follows:

    Authority: 39 U.S.C. 401; 5 U.S.C. 552a.

    2. In Sec. 266.9 revise paragraphs (b)(1)(vii), (b)(2) introducing 
text, (b)(2)(i), (b)(2)(ii), (b)(2)(iii) and add paragraph (b)(2)(viii) 
to read as follows:


Sec. 266.9  Exemptions.

* * * * *
    (b) * * *
    (1) * * *
    (vii) Subsection (e)(4)(G) and (H) requires an agency to publish a 
Federal Register notice of its procedures whereby an individual can be 
notified upon request whether the system of records contains 
information about the individual, how to gain access to any record 
about the individual contained in the system, and how to contest its 
content. Subsection (e)(4)(I) requires the foregoing notice to include 
the categories of sources in the system.
* * * * *
    (2) Inspection Requirements--Investigative File System, USPS 
080.010, Inspection Requirements--Mail Cover Program, USPS 080.020, and 
Office of Inspector General-Investigative File System, USPS 300.010. 
These systems of records are exempt from 5 U.S.C. 552a (c)(3) and (4), 
(d)(1)-(4), (e)(1)-(3), (e)(4) (G) and (H), (e)(5) and (8), (f), (g), 
and (m). In addition, system 300.010 is exempt from 5 U.S.C. 
552a(e)(4)(I). The reasons for exemption follow:
    (i) Disclosure to the record subject pursuant to subsections 
(c)(3), (c)(4), or (d)(1)-(4) could:
    (A) Alert subjects that they are targets of an investigation or 
mail cover by the Postal Inspection Service or an investigation by the 
Office of Inspector General;
    (B) Alert subjects of the nature and scope of the investigation and 
of evidence obtained;
    (C) Enable the subject of an investigation to avoid detection or 
apprehension;
    (D) Subject confidential sources, witnesses, and law enforcement 
personnel to harassment or intimidation if their identities were 
released to the target of an investigation;
    (E) Constitute unwarranted invasions of the personal privacy of 
third parties who are involved in a certain investigation;
    (F) Intimidate potential witnesses and cause them to be reluctant 
to offer information;
    (G) Lead to the improper influencing of witnesses, the destruction 
or alteration of evidence yet to be discovered, the fabrication of 
testimony, or the compromising of classified material; and
    (H) Seriously impede or compromise law enforcement, mail cover, or 
background investigations that might involve law enforcement aspects as 
a result of the above.
    (ii) Application of subsections (e)(1) and (e)(5) is impractical 
because the relevance, necessity, or correctness of specific 
information might be established only after considerable analysis and 
as the investigation progresses. As to relevance (subsection (1)), 
effective law enforcement requires the keeping of information not 
relevant to a specific Postal Inspection Service investigation or 
Office of Inspector General investigation. Such information may be kept 
to provide leads for appropriate law enforcement and to establish 
patterns of activity that might relate to the jurisdiction of the 
Office of Inspector General, Postal Inspection Service, and/or other 
agencies. As to accuracy (subsection (e)(5)), the correctness of 
records sometimes can be established only in a court of law.
    (iii) Application of subsections (e)(2) and (3) would require 
collection of information directly from the subject of a potential or 
ongoing investigation. The subject would be put on alert that he or she 
is a target of an investigation by the Office of Inspector General, or 
an investigation or mail cover by the Postal Inspection Service, 
enabling avoidance of detection or apprehension, thereby seriously 
compromising law enforcement, mail cover, or background investigations 
involving law enforcement aspects. Moreover, in certain circumstances 
the subject of an investigation is not required to provide information 
to investigators, and information must be collected from other sources.
* * * * *
    (viii) The requirement of subsection (e)(4)(I) does not apply to 
system 300.010, because identification of record source categories 
could enable the subject of an investigation to improperly interfere 
with the conduct of the investigation.
* * * * *

Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 00-32958 Filed 12-26-00; 8:45 am]
BILLING CODE 7710-12-P