[Federal Register Volume 66, Number 151 (Monday, August 6, 2001)]
[Rules and Regulations]
[Pages 40890-40891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19474]


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POSTAL SERVICE

39 CFR Part 266


Privacy Act of 1974; Implementation

AGENCY: Postal Service.

ACTION: Final rule.

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SUMMARY: The Postal Service is amending 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

[[Page 40891]]

General-Investigative File System, USPS 300.010, from certain 
provisions of the Act and corresponding agency regulations.

DATES: This rule is effective on August 6, 2001.

FOR FURTHER INFORMATION CONTACT: Howard Cox, Acting Legal Director, 
Office of Inspector General (703) 248-2164.

SUPPLEMENTARY INFORMATION: The Postal Service published a proposed rule 
on December 27, 2000, to amend 39 CFR 266.9 to apply certain Privacy 
Act exemptions to the OIG Investigative File System. 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. 
Comments on the proposed rule were due on or before January 26, 2001. 
We did not receive any comments. Therefore, the rule is adopted as 
final without any changes.
    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) introductory 
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. 01-19474 Filed 8-3-01; 8:45 am]
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