Federal Register / Vol. 65, No. 98 / Friday, May 19, 2000 / Proposed Rules 31869

(2) All records, when not under the

personal control of the employees

authorized to use the records, must be

stored in a locked metal filing cabinet.

Some systems of records are not of such

confidential nature that their disclosure

would constitute a harm to an

individual who is the subject of such

record. However, records in this

category shall also be maintained in

locked metal filing cabinets or

maintained in a secured room with a

locking door.

(3) Access to and use of a system of

records shall be permitted only to

persons whose duties require such

access within the Endowment, for

routine uses as defined in § 1159.1 as to

any given system, or for such other uses

as may be provided herein.

(4) Other than for access within the

Endowment to persons needing such

records in the performance of their

official duties or routine uses as defined

in § 1159.1, or such other uses as

provided herein, access to records

within a system of records shall be

permitted only to the individual to

whom the record pertains or upon his

or her written request to the General

Counsel.

(5) Access to areas where a system of

records is stored will be limited to those

persons whose duties required work in

such areas. There shall be an accounting

of the removal of any records from such

storage areas utilizing a written log, as

directed by the Deputy Chairman for

Management and Budget. The written

log shall be maintained at all times.

(6) The Endowment shall ensure that

all persons whose duties require access

to and use of records contained in a

system of records are adequately trained

to protect the security and privacy of

such records.

(7) The disposal and destruction of

records within a system of records shall

be in accordance with the rules

promulgated by the General Services

Administration.

(b) Automated systems. (1)

Identifiable personal information may

be processed, stored or maintained by

automated data systems only where

facilities or conditions are adequate to

prevent unauthorized access to such

systems in any form. Whenever such

data, whether contained in punch cards,

magnetic tapes or discs, are not under

the personal control of an authorized

person, such information must be stored

in a locked or secured room, or in such

other facility having greater safeguards

than those provided for herein.

(2) Access to and use of identifiable

personal data associated with automated

data systems shall be limited to those

persons whose duties require such

access. Proper control of personal data

in any form associated with automated

data systems shall be maintained at all

times, including maintenance of

accountability records showing

disposition of input and output

documents.

(3) All persons whose duties require

access to processing and maintenance of

identifiable personal data and

automated systems shall be adequately

trained in the security and privacy of

personal data.

(4) The disposal and disposition of

identifiable personal data and

automated systems shall be done by

shredding, burning nor in the case of

tapes or discs, degaussing, in

accordance with my regulations now or

hereafter proposed by the General

Services Administration or other

appropriate authority.

§ 1159.16 Will the Endowment take steps

to ensure that its employees involved with

its systems of records are familiar with the

requirements and implications of the

Privacy Act?

(a) The Chairperson shall ensure that

all persons involved in the design,

development, operation or maintenance

of any Endowment system are informed

of all requirements necessary to protect

the privacy of subject individuals. The

Chairperson shall also ensure that all

Endowment employees having access to

records receive adequate training in

their protection, and that records have

adequate and proper storage with

sufficient security to assure the privacy

of such records.

(b) All employees shall be informed of

the civil remedies provided under 5

U.S.C. 552a(g)(1) and other implications

of the Privacy Act, and the fact that the

Endowment may be subject to civil

remedies for failure to comply with the

provisions of the Privacy Act and these

regulations.

§ 1159.17 Which of the Endowment’s

systems of records are covered by

exemptions in the Privacy Act?

(a) Pursuant to and limited by 5

U.S.C. 552a(j)(2), the Endowment

system entitled ‘‘Office of the Inspector

General Investigative Files’’ shall be

exempted from the provisions of 5

U.S.C. 552a, except for subsections (b);

(c)(1) and (2); (e)(4)(A) through (F);

(e)(6), (7), (9), (10), and (11); and (i),

insofar as that Endowment system

contains information pertaining to

criminal law enforcement

investigations.

(b) Pursuant to and limited by 5

U.S.C. 552a(k)(2), the Endowment

system entitled ‘‘Office of the Inspector

General Investigative Files’’ shall be

exempted from 5 U.S.C. 552a(c)(3); (d);

(e)(1); (e)(4)(G), (H), and (I); and (f),

insofar as that Endowment system

consists of investigatory material

compiled for law enforcement purposes,

other than material within the scope of

the exemption at 5 U.S.C. 552a(j)(2).

(c) The Endowment system entitled

‘‘Office of the Inspector General

Investigative Files’’ is exempt from the

above-noted provisions of the Privacy

Act because their application might

alert investigation subjects to the

existence or scope of investigations;

lead to suppression, alteration,

fabrication, or destruction of evidence,

disclose investigative techniques or

procedures, reduce the cooperativeness

or safety of witnesses; or otherwise

impair investigations.

§ 1159.18 What are the penalties for

obtaining an Endowment record under false

pretenses?

(a) Under 5 U.S.C. 552a(i)(3), any

person who knowingly and willfully

requests or obtains any record

concerning an individual from the

Endowment under false pretenses shall

be guilty of a misdemeanor and fined

not more than $5,000.

(b) A person who falsely or

fraudulently attempts to obtain records

under the Privacy Act may also be

subject to prosecution under other

statutes, including 18 U.S.C. 494, 495,

and 1001.

§ 1159.19 What restrictions exist regarding

the release of mailing lists?

The Endowment may not sell or rent

an individual’s name and address

unless such action is specifically

authorized by law. This section shall

not be construed to require the

withholding of names and addresses

otherwise permitted to be made public.

Dated: May 10, 2000.

Karen Elias,

Deputy General Counsel.

[FR Doc. 00–12624 Filed 5–18–00; 8:45 am]

BILLING CODE 7537–01–M

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AF81

Endangered and Threatened Wildlife

and Plants; Extension of Comment

Period on Proposed Rule To List the

Santa Barbara County Distinct

Population of the California Tiger

Salamander as Endangered

AGENCY: Fish and Wildlife Service,

Interior.

31870 Federal Register / Vol. 65, No. 98 / Friday, May 19, 2000 / Proposed Rules

ACTION: Proposed rule; second extension

of comment period.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) gives notice that the

comment period on the proposed rule to

list the Santa Barbara distinct

population of the California tiger

salamander will be reopened to allow

for the inclusion of new information

regarding the presence of the California

tiger salamander in areas previously not

identified as known salamander sites.

The extension will allow all interested

parties to submit oral or written

comments on the proposal.

DATES: The reopened comment period

closes June 5, 1999. Comments must be

received by the closing date. Any

comments received after the closing

date may not be considered in the final

decision on the proposal.

ADDRESSES: Written comments should

be sent to Diane Noda, Field Supervisor,

U.S. Fish and Wildlife Service, Ventura

Fish and Wildlife Office, 2493 Portola

Road, Suite B, Ventura, California

93003. Comments and materials

received will be available for public

inspection, by appointment, during

normal business hours at the above

Service address.

FOR FURTHER INFORMATION CONTACT: Carl

Benz, at the above Ventura, California

address, phone 805/644–1766, facsimile

805/644–3958.

SUPPLEMENTARY INFORMATION:

Background

On January 19, 2000, the Fish and

Wildlife Service (Service) proposed to

list the Santa Barbara County Distinct

Vertebrate Population Segment of the

California tiger salamander,

(Ambystoma californiense), as

endangered pursuant to the Endangered

Species Act (Act) of 1973, as amended

(Act). An emergency rule listing the

population was published concurrently

in the same issue of the Federal

Register. The Santa Barbara County

population segment of the California

tiger salamander is endemic to low

elevation (typically below 300 meters

(1,000 feet)) vernal pools and seasonal

ponds and the surrounding grasslands,

oak woodlands, and coastal scrub of

Santa Barbara County, California, and is

imperiled primarily by habitat loss from

conversion of natural habitat to

intensive agriculture and urban

development, habitat fragmentation, and

agricultural contaminants. The original

comment period closed March 20, 2000.

On March 24, 2000, the Service

reopened the comment period in

response to citizen requests that a

public hearing be held. The comment

period was extended until May 4, 2000,

during which a public hearing was held

on April 20, 2000, in Santa Maria,

California.

This second extension of the

comment period will enable the Service

to consider in its final rule the results

of surveys for California tiger

salamanders conducted during this

breeding season. Written comments may

be submitted until June 5, 2000, to the

Service office in the ADDRESSES section.

Author: The primary author of this

notice is Carl Benz (see ADDRESSES).

Authority: The authority for this action is

the Endangered Species Act of 1973, as

amended (16 U.S.C. 1531–1544).

Dated: May 15, 2000.

Elizabeth H. Stevens,

Acting Manager, California/Nevada

Operations.

[FR Doc. 00–12609 Filed 5–18–00; 8:45 am]

BILLING CODE 4310–55–U

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AE30

Endangered and Threatened Wildlife

and Plants; Reopening of Comment

Period on Proposed Endangered

Status for the Southern California

Distinct Vertebrate Population

Segment of the Mountain YellowLegged Frog

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule; notice of

reopening of comment period.

SUMMARY: We, the Fish and Wildlife

Service (Service), reopen the comment

period on the proposed rule to list the

southern California distinct vertebrate

population segment (DPS) of the

mountain yellow-legged frog (Rana

muscosa) as an endangered species,

pursuant to the Endangered Species Act

of 1973, as amended (Act). The

comment period is reopened in

response to a request from the California

Department of Fish and Game for

additional time to obtain biological

information regarding the mountain

yellow-legged frog and formulate

comments on the proposed rule. In

addition, reopening of the comment

period will allow further opportunity

for all interested parties to submit

comments on the proposal, which is

available (see ADDRESSES section). We

are seeking comments or suggestions

from the public, other concerned

governmental agencies, the scientific

community, industry, or any other

interested parties concerning the

proposed rule. Comments already

submitted on the proposed rule need

not be resubmitted as they will be fully

considered in the final determination.

DATES: The reopened comment period

closes June 19, 2000.

ADDRESSES: Comments and materials

concerning this proposal should be sent

to the Field Supervisor, U.S. Fish and

Wildlife Service, Carlsbad Fish and

Wildlife Office, 2730 Loker Avenue

West, Carlsbad, California, 92008.

Comments and materials received will

be available for public inspection, by

appointment, during normal business

hours at the above address.

FOR FURTHER INFORMATION CONTACT: Glen

Knowles, Carlsbad Fish and Wildlife

Office (see ADDRESSES section) at (760)

431–9440.

SUPPLEMENTARY INFORMATION:

Background

On December 22, 1999, the Service

published a rule proposing endangered

status for the southern California DPS of

the mountain yellow-legged frog (Rana

muscosa) in the Federal Register (64 FR

71714). The original comment period

closed on February 22, 2000. On March

20, 2000, the Service published a notice

reopening the comment period for 30

days (65 FR 14936). This reopened

comment period closed on April 19,

2000. The comment period now closes

on June 19, 2000. Written comments

should be submitted to the Service (see

ADDRESSES section).

The mountain yellow-legged frog is a

true frog in the family Ranidae. The

southern California mountain yellowlegged frog can still be found in small

streams in the San Gabriel mountains,

San Bernardino mountains, and the San

Jacinto mountains. In addition to

predation from trout and other

widespread factors, the few remaining

frogs are threatened by recreation (i.e.

suction dredging, campgrounds, day use

areas), the introduction of non-native

competitors and predators, and

demographics associated with small

populations. Comments from the public

regarding the accuracy of this proposed

rule are sought, especially regarding:

(1) Biological, commercial trade, or

other relevant data concerning any

threat (or lack thereof) to this species;

(2) The location and status of any

additional occurrences of this species

and the reasons why any habitat should

or should not be determined to be

critical habitat pursuant to section 4 of

the Act;