[Federal Register Volume 60, Number 133 (Wednesday, July 12, 1995)]
[Rules and Regulations]
[Pages 35835-35837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17056]
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DEPARTMENT OF ENERGY
10 CFR Part 1008
Records Maintained on Individuals (Privacy Act)
AGENCY: Department of Energy.
ACTION: Final rule.
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SUMMARY: The Department of Energy (DOE) amends its Privacy Act
regulation by adding two systems of records to the list of systems
exempted from certain subsections of the Act. Exemption from certain
subsections is needed to enable the Office of Counterintelligence to
perform its duties and responsibilities. These include detering and
neutralizing foreign industrial and intelligence activities in the
United States that are directed at or involving the DOE, conducting
administrative counterintelligence investigations, participating in law
enforcement counterintelligence investigations with the Federal Bureau
of Investigation (FBI) and other Federal agencies, performing analyses
and producing intelligence on counterintelligence matters, and briefing
and debriefing individuals regarding DOE foreign contacts and travel.
These duties and responsibilities are carried out pursuant to Executive
Order 12333, the Department of Energy Procedures for Intelligence
Activities, and DOE Order 5670.3, ``Counterintelligence Program.''
EFFECTIVE DATE: This rule becomes effective July 12, 1995.
FOR FURTHER INFORMATION CONTACT: GayLa Sessoms, Privacy Act Officer
(HR-78), (202) 586-6020, Abel Lopez, Attorney-Advisor (GC-80), (202)
586-8618, or Chuck Washington, Program
[[Page 35836]]
Officer (NN-53), (202) 586-5333, at the U.S. Department of Energy, 1000
Independence Avenue, SW., Washington, DC 20585.
SUPPLEMENTARY INFORMATION:
I. Background
II. Procedural Requirements
A. Review Under Executive Order 12866
B. Review Under Executive Order 12778
C. Review Under the Regulatory Flexibility Act
D. Review Under the Paperwork Reduction Act
E. Review Under Executive Order 12612
F. National Environmental Policy Act
I. Background
Pursuant to the Privacy Act of 1974 (as amended) (5 U.S.C. 552a (j)
and (k)), the Secretary of Energy is authorized to promulgate rules to
exempt any system of records within the agency from certain subsections
of the Act. Accordingly, two new systems of records are added to the
list of systems exempted from certain subsections of the Act.
The purpose of this rule is to amend the DOE's Privacy Act
regulation to enable the Office of Counterintelligence to carry out its
administrative, analytical, and law enforcement duties and
responsibilities.
A notice of proposed rulemaking and corresponding systems notices
was published in the Federal Register on September 8, 1994 (59 FR
46522). No comments were received.
II. Procedural Requirements
A. Review Under Executive Order 12866
Today's regulatory action has been determined not to be a
``significant regulatory action'' under Executive Order 12866,
``Regulatory Planning and Review,'' (58 FR 51735, October 4, 1993).
Accordingly, today's action was not subject to review under the
Executive Order by the Office of Information and Regulatory Affairs.
B. Review Under Executive Order 12778
Section 2 of Executive Order 12778 instructs each agency to adhere
to certain requirements in promulgating new regulations and reviewing
existing regulations. These requirements, set forth in sections 2(a)
and 2(b), including eliminating drafting errors and needless ambiguity,
drafting the regulations to minimize litigation, providing clear
certain legal standards for affected conduct, and promoting
simplification and burden reduction. Agencies are also instructed to
make every reasonable effort to ensure that the regulation: Specifies
clearly any preemptive effect, effect on existing Federal law or
regulation, and retroactive effect; describes any administrative
proceedings to be available prior to judicial review and any provisions
for the exhaustion of such adiminstrative proceedings; and defines key
terms. The DOE certifies that today's rule meets the requirements of
sections 2(a) and 2(b) of Executive Order 12778.
C. Review Under the Regulatory Flexibility Act
This rule was reviewed under the Regulatory Flexibility Act of
1980, Pub. L. 96-354, which requires preparation of a regulatory
flexibility analysis for any rule which is likely to have a significant
economic impact on a substantial number of small entities. This rule
will have no impact on interest rates, tax policies or liabilities, the
cost of goods or services, or other direct economic factors. It will
also not have any indirect economic consequences, such as changed
construction rates. The DOE certifies that this rule will not have a
significant economic impact on a substantial number of small entities
and, therefore, no regulatory flexibility analysis has been prepared.
D. Review Under the Paperwork Reduction Act
No new information collection or recordkeeping requirements are
imposed by this rule. Accordingly, no OMB clearance is required under
the Paperwork Reduction Act of 1980 (44 U.S.C. 3501).
E. Review Under Executive Order 12612
Executive Order 12612, entitled ``Federalism,'' 52 FR 41685
(October 30, 1987), requires that regulations, rules, legislation, and
any other policy actions be reviewed for any substantial direct effects
on States, on the relationship between the Federal Government and the
States, or in the distribution of power and responsibilities among
various levels of Government. If there are sufficient substantial
direct effects, then the Executive Order requires preparation of a
federalism assessment to be used in all decisions involved in
promulgating and implementing a policy action. This rule will not
affect States, or the relationship between the Federal Government and
the States, in any direct way.
F. National Environmental Policy Act
This rule amends the Department's existing Privacy Act regulation
to add two systems of records to the list of systems exempted from
certain provisions of the Act. The amendment will enable the Office of
Counterintelligence to carry out its administrative, analytical, and
law enforcement duties and responsibilities by establishing principles
that will govern how certain records are maintained in the two affected
systems of records. Implementation of this rule will not result in any
environmental impacts. The Department has therefore determined that
this rule is covered under the Categorical Exclusion found at paragraph
A.5 of Appendix A to subpart D, 10 CFR part 1021, which applies to the
amendment of existing rules that does not change the rule's
environmental effects.
List of Subjects in 10 CFR Part 1008
Privacy.
Issued in Washington, DC on July 6, 1995.
Archer L. Durham,
Assistant Secretary for Human Resources and Administration.
For the reasons set forth in the preamble, part 1008 of title 10 of
the Code of Federal Regulations is amended as set forth below.
PART 1008--RECORDS MAINTAINED ON INDIVIDUALS (PRIVACY ACT)
1. The authority citation for part 1008 continues to read as
follows:
Authority: Department of Energy Organization Act, Pub. L. 95-91,
Executive Order 12091, 42 FR 46267, Privacy Act of 1974, Pub. L. 93-
579 (5 U.S.C. 552a).
2. Section 1008.12 is amended by adding paragraphs (a)(2)(ii);
(b)(1)(ii) (I) and (J); (b)(2)(ii) (K) and (L); and (b)(3)(ii) (M) and
(N) to read as follows:
Sec. 1008.12 Exemptions.
(a) * * *
(2) * * *
(ii) Law Enforcement Investigative Records (DOE-84). This system of
records is being exempted pursuant to subsection (j)(2) of the Act to
enable the Office of Counterintelligence to carry out its duties and
responsibilities as they pertain to its law enforcement function. The
system is exempted from subsections (c)(3) and (4), (d), (e) (1), (2),
and (3), (e)(4) (G) and (H), (e)(8), (f), and (g) of the Act. The
system is exempt from these provisions for the following reasons:
Notifying an individual at the individual's request of the existence of
records in an investigative file pertaining to such individual, or
granting access to an investigative file could interfere with
investigative and enforcement proceedings and with co-defendants' right
to a fair trial; disclose the identity of confidential sources and
reveal confidential information supplied by these sources; and disclose
investigative techniques and procedures.
[[Page 35837]]
(b) * * *
(1) * * *
(ii) * * *
(I) Administrative and Analytical Records and Reports (DOE-81).
(J) Law Enforcement Investigative Records (DOE-84).
(2) * * *
(ii) * * *
(K) Administrative and Analytical Records and Reports (DOE-81).
(L) Law Enforcement Investigative Records (DOE-84).
(3) * * *
(ii) * * *
(M) Administrative and Analytical Records and Reports (DOE-81).
(N) Law Enforcement Investigative Records (DOE-84).
* * * * *
[FR Doc. 95-17056 Filed 7-11-95; 8:45 am]
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