[Federal Register Volume 62, Number 247 (Wednesday, December 24, 1997)]
[Rules and Regulations]
[Pages 67518-67519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33600]
[[Page 67517]]
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Part VI
Department of Energy
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10 CFR Part 1008
Records Maintained on Individuals (Privacy Act); Final Rule
Privacy Act of 1974; Establishment of a New System of Records; Notice
Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 /
Rules and Regulations
[[Page 67518]]
DEPARTMENT OF ENERGY
10 CFR Part 1008
RIN 1901-AA62
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
regulations by adding a system 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 Inspector General (OIG)
to perform its duties and responsibilities. The system of records is
entitled ``Allegation-Based Inspections Files of the Office of
Inspector General,'' and allows the Office of Inspector General to
perform its functions mandated by statute, regulation or executive
order. This system will maintain documents collected in the process of
conducting inspections. An Office of Inspector General inspection is an
examination of DOE or DOE contractor organizations, programs, projects,
functions, or activities. This system of records covers only the files
of inspections predicated on allegations or complaints and which
identify subjects or sources of information by name. Inspections
performed relate to sensitive allegations of wrongdoing received
concerning certain individuals, including agency and DOE contractor
employees, or other persons or entities with some relationship to the
agency. Allegations include, but are not limited to, abuse of
authority; misuse of government time, property, or position; conflicts
of interest; whistleblower reprisal; or other non-criminal violations
of law, rules, or regulations.
EFFECTIVE DATE: January 23, 1998.
FOR FURTHER INFORMATION CONTACT: Jacqueline M. Becker, Office of
Inspector General, U.S. Department of Energy, IG-1, 1000 Independence
Avenue, S.W., Washington, D.C. 20585, (202) 586-4393; or GayLa D.
Sessoms, Director, Freedom of Information Act and Privacy Act Division,
U.S. Department of Energy, HR-73, 1000 Independence Avenue, S.W.,
Washington, D.C. 20585, (202) 586-5955; or Abel Lopez, Office of
General Counsel, U.S. Department of Energy, GC-80, 1000 Independence
Avenue, S.W., Washington, D.C. 20585, (202) 586-8618.
SUPPLEMENTARY INFORMATION:
I. Background
II. Procedural Requirements
A. Regulatory Review
B. Review Under Executive Order 12988
C. Review Under the Regulatory Flexibility Act
D. Review Under the Paperwork Reduction Act
E. Review Under Executive Order 12612
F. Review Under the National Environmental Policy Act
G. Review Under Small Business Regulatory Enforcement Fairness Act
of 1996
I. Background
The Privacy Act of 1974, as amended, at 5 U.S.C. 552a (k) provides
that the head of an agency may exempt an agency system of records from
certain provisions of the Act. Accordingly, this system of records is
added to the list of systems exempted by the Department of Energy from
certain subsections of the Act.
The purpose of this rule is to amend the DOE's Privacy Act
regulations to enable the Office of Inspector General to carry out its
duties and responsibilities as mandated by the Inspector General Act.
The Inspector General is mandated to promote economy, effectiveness,
and efficiency within the agency and to prevent and detect fraud, waste
and abuse in agency programs and operations.
The Office of Inspections in the Office of Inspector General
compiles various files that are collected and maintained to assist in
the performance of the functions of the Office of Inspector General.
The Office of Inspections performs various inspections and analyses as
required by the Office of Inspector General. An inspection by the
Office of Inspector General is an examination of a DOE or DOE
contractor organization, program, project, function, or activity. This
system of records covers only the files of inspections predicated on
allegations or complaints and which identify subjects or sources of
information by name. Inspections performed relate to sensitive
allegations of wrongdoing received concerning certain individuals,
including agency employees, or other persons or entities with some
relationship to the agency and DOE contractors. Allegations include,
but are not limited to, abuse of authority; misuse of government time,
property, or position; conflicts of interest; whistleblower reprisal;
or other non-criminal violations of law, rules, or regulations.
A notice of proposed rulemaking and corresponding system notice
were published in the Federal Register on January 29, 1997 (62 FR
4404). No comments were received.
II. Procedural Requirements
A. Regulatory Review
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 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of Executive Order 12988,
``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on
Executive agencies the general duty to adhere to the following
requirements: (1) Eliminate drafting errors and ambiguity; (2) write
regulations to minimize litigation; and (3) provide a clear legal
standard for affected conduct rather than a general standard and
promote simplification and burden reduction. With regard to the review
required by section 3(a), section 3(b) of Executive Order 12988
specifically requires that Executive agencies make every reasonable
effort to ensure that the regulation: (1) Clearly specifies the
preemptive effect, if any; (2) clearly specifies any effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct while promoting simplification and burden reduction;
(4) specifies the retroactive effect, if any; (5) adequately defines
key terms; and (6) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the Attorney
General. Section 3(c) of Executive Order 12988 requires Executive
agencies to review regulations in light of applicable standards in
section 3(a) and section 3(b) to determine whether they are met or it
is unreasonable to meet one or more of them. DOE has completed the
required review and determined that, to the extent permitted by law,
this regulation meets the relevant standards of Executive Order 12988.
C. Review Under the Regulatory Flexibility Act
This rule was reviewed under the Regulatory Flexibility Act of
1980, Pub. L. 96-354. The Regulatory Flexibility Act requires the
preparation of a regulatory flexibility analysis for any proposed rule
which is likely to have a significant economic impact on a
[[Page 67519]]
substantial number of small entities. The Department of Energy
certified that the rule will not have a significant economic impact on
a substantial number of small entities. The Department did not receive
any comments on the certification.
D. Review Under the Paperwork Reduction Act
No new information collection or record keeping requirements are
imposed by this rule. As a result, no OMB clearance is required under
the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.).
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 new policy action. This rule will not
affect States, or the relationship between the Federal Government and
the States, in any direct way.
F. Review Under the National Environmental Policy Act
This rulemaking amends the Department's regulations that implement
the Privacy Act at 10 CFR part 1008, ``Records Maintained on
Individuals (Privacy Act),'' by adding a new system of records to the
list of systems exempted from certain subsections of the Privacy Act.
Under the new system of records, the Department would maintain
documents collected in inspections conducted by the Office of Inspector
General. Implementation of this rule would only affect the manner in
which certain files are maintained and made accessible to the public,
and would not result in 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 or interpretation of existing
regulation that does not change the environmental effect of the rule
being amended. Accordingly, neither an environmental assessment nor an
environmental impact statement is required.
G. Review Under Small Business Regulatory Enforcement Fairness Act of
1996
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of the rule prior to its effective date. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 804(3).
List of Subjects in 10 CFR Part 1008
Privacy.
Issued in Washington, D.C. on November 25, 1997.
Archer L. Durham,
Assistant Secretary for Human Resources and Administration.
For the reasons set forth in the preamble, 10 CFR part 1008 is
amended as set forth below:
PART 1008--RECORDS MAINTAINED ON INDIVIDUALS (PRIVACY ACT)
1. The authority citation continues to read as follows:
Authority: 42 U.S.C. 7101, et seq., Executive Order 12091, (42
FR 46267), 5 U.S.C. 552a.
2. Section 1008.12 is amended by adding paragraphs (b)(2)(ii)(M)
and (b)(3)(ii)(O) to read as follows:
Sec. 1008.12 Exemptions.
* * * * *
(b) * * *
(2) * * *
(ii) * * *
(M) Allegation-Based Inspections Files of the Office of Inspector
General (DOE-83).
(3) * * *
(ii) * * *
(O) Allegation-Based Inspections Files of the Office of Inspector
General (DOE-83).
* * * * *
[FR Doc. 97-33600 Filed 12-23-97; 8:45 am]
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