37288 Federal Register / Vol. 65, No. 115 / Wednesday, June 14, 2000 / Rules and Regulations

§ 52.2320 Identification of plan.

* * * * *

(c) * * *

(44) On February 29, 2000, the

Governor of Utah submitted revisions to

Section XI of the SIP that incorporate a

new transportation control measure for

Utah County into the SIP and State

regulation.

(i) Incorporation by reference.

(A) UACR R307–110–19, Section XI,

Other Control Measures for Mobile

Sources, as adopted on February 9,

2000, effective February 10, 2000.

(B) Revisions to Section XI of the Utah

SIP, Other Control Measures for Mobile

Sources, adopted February 9, 2000,

effective February 10, 2000.

[FR Doc. 00–14993 Filed 6–13–00; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Office of the Secretary

45 CFR Part 5b

RIN 0925–AA23

Privacy Act of 1974; Proposed

Implementation

AGENCY: Office of the Secretary, HHS.

ACTION: Final rule.

SUMMARY: The Department of Health and

Human Services is exempting a new

system of records, 09–25–0213,

‘‘Administration: Investigative Records,

HHS/NIH/OM/OA/OMA,’’ from certain

requirements of the Privacy Act to

protect records compiled in the course

of an inquiry and/or investigation and to

protect the identity of confidential

sources who furnish information to the

Government under an express promise

that the identity of such source would

be held in confidence.

DATES: This final rule is effective on July

14, 2000.

FOR FURTHER INFORMATION CONTACT: NIH

Privacy Act Officer, 6011 Executive

Boulevard, Room 601, Rockville, MD

20852, 301–496–2832 (this is not a toll

free number).

SUPPLEMENTARY INFORMATION: The Office

of Management Assessment (OMA)

assumes the lead responsibility on cases

received through the DHHS Office of

Inspector General (OIG) hotline that are

referred to NIH for action. OMA serves

as NIH’s central liaison on matters

involving the Office of Audit Services,

OIG; General Accounting Office; Federal

Bureau of Investigation; congressional

staff members; etc., related to

management controls and audits. OMA

also has overall responsibility for all

matters related to management controls

to prevent fraud, waste, abuse, and

conflict of interest or the appearance of

these, including the development and

implementation of policy and the

Annual Management Control Plan and

the development of management

oversight activity that focuses on early

identification and prevention of such

occurrences.

To perform these responsibilities,

OMA compiles and maintains

administrative and investigative records

related to alleged or suspected

violations of statutes, regulations, and

policies governing the conduct of

Federal employees, recipients of Federal

funding, and others who transact, or

seek to transact business with the NIH.

These records contain information

related to complaints of incidents,

inquiries and investigative findings,

administrative and other matters

involving complainants, suspects and

witnesses, and court dispositions.

The administrative and investigation

records are located in the OMA and

constitute a ‘‘system of records’’ as

defined by the Privacy Act.

Under the Privacy Act, individuals

have a right of access to information

pertaining to them which is contained

in a system of records. At the same time,

the Act permits certain types of systems

to be exempt from some of the Privacy

Act requirements. Subsection (k)(2)

allows agency heads to exempt a system

of records containing investigatory

material compiled for enforcement

purposes. This exemption is qualified in

that if the material results in denial of

any right, privilege, or benefit to an

individual to which that individual

would be entitled by Federal law, the

individual must be granted access to the

material, unless the access would reveal

the identity of a source who furnished

information to the Government under an

express promise of confidentiality. In

addition, paragraph (k)(5) permits an

agency to exempt material from the

individual access, notification, and

correction and amendment provisions of

the Act where investigatory material is

compiled for the purpose of determining

suitability, eligibility, or qualification

for federal employment or federal

contracts if release of the material

would cause the identity of a

confidential source to be revealed.

Because the administrative and

investigative records are compiled by a

distinct component of the agency whose

principal function is investigations

which compile material for law

enforcement purposes, the specific

exemption (k)(2) requirements are met

and the exemption is justified.

Investigatory materials are compiled for

the purpose of determining suitability,

eligibility, or qualification for federal

employment or federal contracts in the

course of investigations that result from

a direct allegation or from suspected

violations of statutes, regulations and

policies uncovered during an

administrative management control

review or audit. Investigatory material

compiled for the purpose of determining

whether applicants are suitable, eligible

or qualified justifies the need to invoke

the paragraph (k)(5) exemption.

The system contains sensitive

investigative records. The release of

these records to the subject of the

investigation could have a chilling effect

on the willingness of informants to

provide information freely, not only

because of fear of retribution, but

because they might hesitate to provide

any information other than that of

which they are entirely certain.

Disclosure could impede ongoing

investigations and violate the privacy

rights of individuals other than the

subject of the investigation, thereby

diminishing the ability of OMA to

conduct a thorough and accurate

investigation. Disclosure of information

from these records might also reveal to

the subjects of the investigation that

their actions are being scrutinized,

allowing them the opportunity to

prevent detection of illegal activities.

Finally, disclosure of information from

the records might reveal investigative

techniques and thereby jeopardize the

integrity of the investigation.

Sources may be reluctant to provide

sensitive information unless they can be

assured that their identities will not be

revealed. These exemptions ensure that:

(1) Efforts to obtain accurate and

objective information will not be

hindered; (2) investigative records will

not be disclosed inappropriately; and (3)

identities of confidential sources and

OMA investigators will be protected.

Accordingly, NIH in collaboration with

the Department is exempting this

system under paragraphs (k)(2) and

(k)(5) of the Privacy Act from the

notification, access, correction, and

amendment provisions of the Privacy

Act [paragraphs (c)(3), (d)(1)–(4),

(e)(4)(G) and (H) and (f)].

The Department of Health and Human

Services announced its intentions to

exempt this system in a notice of

proposed rulemaking (NPRM) published

in the Federal Register on July 9, 1999

(64 FR 37081). No comments were

received. Consequently the amendment

is the same as that proposed in the

NPRM.

Federal Register / Vol. 65, No. 115 / Wednesday, June 14, 2000 / Rules and Regulations 37289

Regulatory Impact Statement

Executive Order 12866 of September

30, 1993, Regulatory Planning and

Review, requires the Department to

prepare an analysis for any rule that

meets one of the E.O. 12866 criteria for

a significant regulatory action; that is,

that may—

Have an annual effect on the economy

of $100 million or more or adversely

affect in a material way the economy, a

sector of the economy, productivity,

competition, jobs, the environment,

public health or safety, or State, local,

or tribal governments or communities;

Create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency;

Materially alter the budgetary impact

of entitlements, grants, user fees, or loan

programs or the rights and obligations of

recipients thereof; or

Raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in E.O. 12866.

In addition, the Department prepares

a regulatory flexibility analysis, in

accordance with the Regulatory

Flexibility Act (5 U.S.C. chapter 6), if

the rule is expected to have a significant

impact on a substantial number of small

entities.

Because the amendment affects only

NIH OMA investigatory records, a small

subset of Agency records, we do not

believe this rule is economically

significant nor do we believe that it will

have a significant impact on a

substantial number of small entities.

The rule is not expected to have any

significant impact on OMA operations

and does not impose any new

information collection requirements

under the Paperwork Reduction Act. In

addition, this rule is not inconsistent

with the actions of any other agency.

For these same reasons, the Secretary

certifies this rule will not have a

significant economic impact on a

substantial number of small entities,

and that a Regulatory Flexibility

Analysis, as defined under the

Regulatory Flexibility Act, is not

required.

List of Subjects in 45 CFR Part 5b

Privacy.

Dated: December 27, 1999.

Harold Varmus,

Director, National Institutes of Health.

Approved: March 30, 2000.

Donna E. Shalala,

Secretary.

For the reasons set out in the

preamble, 45 CFR Part 5b is proposed to

be amended as set forth below:

PART 5b—PRIVACY ACT

REGULATIONS

1. The authority citation for part 5b

continues to read:

Authority: 5 U.S.C. 301, 5 U.S.C. 552a.

2. Section 5b.11 is amended in

paragraph (b)(2)(vii) by designating the

undesignated paragraph after the colon

as paragraph (b)(2)(vii)(A) and

republishing it and by adding paragraph

(b)(2)(vii)(B) to read as follows:

§ 5b.11 Exempt systems.

* * * * *

(b) * * *

(2) * * *

(vii) Pursuant to subsections (k)(2)

and (k)(5) of the Act:

(A) Public Health Service Records

Related to Investigations of Scientific

Misconduct, HHS/OASH/ORI.

(B) Administration: Investigative

Records, HHS/NIH/OM/OA/OMA.

* * * * *

[FR Doc. 00–14800 Filed 6–13–00; 8:45 am]

BILLING CODE 4140–01–M

ENVIRONMENTAL PROTECTION

AGENCY

48 CFR Parts 1501, 1509, 1532 and

1552

[FRL–6712–2]

Acquisition Regulation

AGENCY: Environmental Protection

Agency.

ACTION: Direct final rule.

SUMMARY: The Environmental Protection

Agency (EPA) is issuing this rule to

amend Agency administrative

procedures related to the: processing of

individual FAR deviations, redelegation

of Agency contract ratification

authority, debarment, suspension and

ineligibility of contractors, and

reduction or suspension of contract

payments upon finding of fraud.

DATES: This rule is effective on

September 12, 2000 without further

notice, unless EPA receives adverse

comments by July 14, 2000. If we

receive adverse comments, we will,

before the rule’s effective date, publish

a timely withdrawal in the Federal

Register informing the public that this

rule will not take effect.

ADDRESSES: Adverse comments may be

submitted to Larry Wyborski, US

Environmental Protection Agency,

Office of Acquisition Management

(3802R), 1200 Pennsylvania Avenue,

NW., Washington, DC 20460 or

electronically at:

wyborski.larry@epamail.epa.gov

FOR FURTHER INFORMATION CONTACT:

Larry Wyborski, U.S. Environmental

Protection Agency, Office of Acquisition

Management (3802R), 1200

Pennsylvania Avenue, NW.,

Washington, DC 20460, (202) 564–4369,

wyborski.larry@epamail.epa.gov

SUPPLEMENTARY INFORMATION:

A. Background Information

This rule revises Subpart 1501.4 to

delete a requirement that the Head of

the Contracting Activity (HCA) furnish

copies of individual Federal Acquisition

Regulation (FAR) deviations to the FAR

Secretariat, consistent with a prior

change to the FAR.

Subpart 1501.6 is revised to clarify

how contract ratification authority is

authorized in the absence of the duly

authorized ratifying official.

Subpart 1509.4 is updated for

consistency with: (1) The Federal

Acquisition Regulation and (2) an

Agency Memorandum of Understanding

on the respective roles of the EPA

offices involved in processing actions

for debarment or suspension of

contractors.

In addition, Federal Acquisition

Regulation 32.006 references Agency

procedures for reducing or suspending

contractor payments based on a finding

of fraud and EPAAR 1532.006 is being

added to set forth Agency procedures

for reducing or suspending contractor

payments based on a finding of fraud.

B. Executive Order 12866

This is not a significant regulatory

action for purposes of Executive Order

12866; therefore, no review is required

at the Office of Information and

Regulatory Affairs, within the Office of

Management and Budget (OMB).

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because this rule does not

contain information collection

requirements for the approval of OMB

under the Paperwork Reduction Act of

1980 (44 U.S.C. 3501, et seq.)

D. Regulatory Flexibility Act (RFA), as

Amended by the Small Business

Regulatory Enforcement Fairness Act of

1996 (SBREFA), 5 U.S.C. 601 et seq.

The RFA generally requires an agency

to prepare a regulatory flexibility

analysis of any rule subject to notice

and comment rulemaking requirements

under the Administrative Procedure Act

or any other statute unless the Agency

certifies that the rule will not have a

significant impact on a substantial