Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations 75159

which has been properly classified in

the interest of national defense and

foreign policy, and therefore is subject

to exemption pursuant to 5 U.S.C.

552a(j)(2), (k)(1) and (k)(2). To the extent

that information in a record pertaining

to an individual does not relate to

national defense or foreign policy,

official Federal investigations, and/or

law enforcement matters, the exemption

does not apply. In addition, where

compliance would not appear to

interfere with or adversely affect the

overall law or regulatory enforcement

process, the applicable exemption may

be waived by the Environment and

Natural Resources Division.

(b) Only that information that relates

to the investigation, prosecution or

defense of actual or potential criminal

or civil litigation, or which has been

properly classified in the interest of

national defense and foreign policy is

exempted for the reasons set forth from

the following subsections:

(1) Subsection (c)(3). Subsection (c)(3)

requires an agency to provide an

accounting of disclosures of records

concerning an individual. To provide

the subject of a criminal or civil matter

or case under investigation with an

accounting of disclosures of records

would inform that individual (and

others to whom the subject might

disclose the records) of the existence,

nature, or scope of that investigation

and thereby seriously impede law

enforcement efforts by permitting the

record subject and others to avoid

criminal penalties and civil remedies.

(2) Subsections (c)(4) (requiring an

agency to inform individuals about any

corrections made to a record that has

been disclosed) and (g) (providing for

civil remedies when an agency fails to

comply with these provisions). These

provisions are inapplicable to the extent

that this system of records is exempted

from subsection (d).

(3) Subsection (d). Subsection (d)

requires an agency to allow individuals

to gain access to a record about him or

herself; to dispute the accuracy,

relevance, timeliness or completeness of

such records; and to have an

opportunity to amend his or her record

or seek judicial review. To the extent

that information contained in this

system has been properly classified,

relates to the investigation and/or

prosecution of grand jury, civil fraud,

and other law enforcement matters,

disclosure could compromise matters

which should be kept secret in the

interest of national security or foreign

policy; compromise confidential

investigations or proceedings; impede

affirmative enforcement actions based

upon alleged violations of regulations or

of civil or criminal laws; reveal the

identity of confidential sources; and

result in unwarranted invasions of the

privacy of others. Amendment of the

records would interfere with ongoing

criminal law enforcement proceedings

and impose an impossible

administrative burden by requiring

criminal investigations to be

continuously reinvestigated.

(4) Subsection (e)(1). Subsection (e)(1)

requires an agency to maintain in its

records only such information about an

individual that is relevant and necessary

to accomplish the agency’s purpose. In

the course of criminal or civil

investigations, cases, or other matters,

the Environment and Natural Resources

Division may obtain information

concerning the actual or potential

violation of laws which are not strictly

within its statutory authority. In the

interest of effective law enforcement, it

is necessary to retain such information

since it may establish patterns of

criminal activity or avoidance of other

civil obligations and provide leads for

Federal and other law enforcement

agencies.

(5) Subsection (e)(2). Subsection (e)(2)

requires an agency to collect

information to the greatest extent

practicable from the subject individual

when the information may result in

adverse determinations about an

individual’s rights, benefits and

privileges under Federal programs. To

collect information from the subject of

a criminal investigation or prosecution

would present a serious impediment to

law enforcement in that the subject (and

others with whom the subject might be

in contact) would be informed of the

existence of the investigation and would

therefore be able to avoid detection or

apprehension, to influence witnesses

improperly, to destroy evidence, or to

fabricate testimony.

(6) Subsection (e)(3). Subsection (e)(3)

requires an agency to inform each

individual whom it asks to supply

information, on a form that can be

retained by the individual, the authority

which authorizes the solicitation, the

principal purpose for the information,

the routine uses of the information, and

the effects on the individual of not

providing the requested information. To

comply with this requirement during

the course of a criminal investigation or

prosecution could jeopardize the

investigation by disclosing the existence

of a confidential investigation, revealing

the identity of witnesses or confidential

informants, or impeding the information

gathering process.

(7) Subsection (e)(5). Subsection (e)(5)

requires an agency to maintain records

with such accuracy, relevance,

timeliness, and completeness as is

reasonably necessary to assure fairness

to the individual. In compiling

information for criminal law

enforcement purposes, the accuracy,

completeness, timeliness and relevancy

of the information obtained cannot

always be immediately determined. As

new details of an investigation come to

light, seemingly irrelevant or untimely

information may acquire new

significance and the accuracy of such

information can often only be

determined in a court of law.

Compliance with this requirement

would therefore restrict the ability of

government attorneys in exercising their

judgment in developing information

necessary for effective law enforcement.

(8) Subsection (e)(8). Subsection (e)(8)

requires agencies to make reasonable

efforts to serve notice on an individual

when any record on the individual is

made available to any person under

compulsory legal process. To serve

notice would give persons sufficient

warning to evade law enforcement

efforts.

(9) Subsections (f) and (g). Subsection

(f) requires an agency to establish

procedures to allow an individual to

have access to information about him or

herself and to contest information kept

by an agency about him or herself.

Subsection (g) provides for civil

remedies against agencies who fail to

comply with the Privacy Act

requirements. These provisions are

inapplicable to the extent that this

system is exempt from the access and

amendment provisions of subsection

(d).

* * * * *

[FR Doc. 00–30607 Filed 11–30–00; 8:45 am]

BILLING CODE 4410–15–M

DEPARTMENT OF JUSTICE

28 CFR Part 16

[AAG/A Order No. 208–2000]

Privacy Act of 1974; Implementation

AGENCY: Department of Justice.

ACTION: Final rule.

SUMMARY: The Department of Justice is

exempting a Privacy Act system of

records from subsections (c)(3) and (4);

(d)(1)(2)(3) and (4); (e)(1), (2), (3), (5),

and (8); and (g) of the Privacy Act,

pursuant to 5 U.S.C. 552a(j) and (k).

This system of records is maintained by

the Office of Special Counsel—Waco

(OSCW) and is entitled ‘‘CaseLink

Document Database for Office of Special

Counsel—Waco, JUSTICE/OSCW–001.’’

75160 Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations

The system of records may contain

information which relates to official

federal investigation. The exemptions

are necessary to protect law

enforcement and investigatory

information and functions as described

in the proposed rule and will be applied

only to the investigatory information

contained in this system.

EFFECTIVE DATE: December 1, 2000.

FOR FURTHER INFORMATION CONTACT:

Mary Cahill at 202–307–1823.

SUPPLEMENTARY INFORMATION: On

September 5, 2000 (65 FR 53679) a

proposed rule was published in the

Federal Register with an invitation to

comment. No comments were received.

Regulatory Flexibility Act: This order

relates to individuals rather than small

business entities. Nevertheless,

pursuant to the requirements of the

Regulatory Flexibility Act, 5 U.S.C. 601–

612, this order will not have a

significant economic impact on a

substantial number of small entities.

Executive Order No. 12866: The

Attorney General has determined that

this rule is not a significant regulatory

action under Executive Order No.

12866, and accordingly, this rule has

not been reviewed by the Office of

Management and Budget.

List of Subjects in 28 CFR Part 16

Administrative Practices and

Procedures, Courts, Freedom of

Information Act, Privacy Act, and

Government in Sunshine Act.

Dated: November 21, 2000.

Stephen R. Colgate,

Assistant Attorney General for

Administration.

Pursuant to the authority vested in the

Attorney General by 5 U.S.C. 552a and

delegated to me by Attorney General

Order No. 793–78, CFR part 16 is

amended as follows:

1. The authority for Part 16 continues

to read as follows:

Authority: 5 U.S.C. 301, 552, 552a, 552b(g),

553; 18 U.S.C. 4203(a)(1); 28 U.S.C. 509, 510,

534; 31 U.S.C. 3717, 9701.

2. 28 CFR Part 16 is amended by

adding to Subpart E § 16.104 to read as

follows:

Subpart E—Exemption of Records

Systems Under the Privacy Act

§ 16.104 Exemption of Office of Special

Counsel—Waco System.

(a) The following system of records is

exempted from subsections (c)(3) and

(4); (d)(1), (2), (3), and (4); (e)(1), (2), (3),

(5) and (8); and (g) of the Privacy Act

pursuant to 5 U.S.C. 552a(j) and (k):

CaseLink Document Database for Office

of Special Counsel—Waco, JUSTICE/

OSCW–001. These exemptions apply

only to the extent that information in a

record is subject to exemption pursuant

to 5 U.S.C. 552a(j) and (k).

(b) Only that portion of this system

which consists of criminal or civil

investigatory information is exempted

for the reasons set forth from the

following subsections:

(1) Subsection (c)(3). To provide the

subject of a criminal or civil matter or

case under investigation with an

accounting of disclosures of records

concerning him or her would inform

that individual of the existence, nature,

or scope of that investigation and

thereby seriously impede law

enforcement efforts by permitting the

record subject and other persons to

whom he might disclose the records to

avoid criminal penalties and civil

remedies.

(2) Subsection (c)(4). This subsection

is inapplicable to the extent that an

exemption is being claimed for

subsection (d).

(3) Subsection (d)(1). Disclosure of

investigatory information could

interfere with the investigation, reveal

the identity of confidential sources, and

result in an unwarranted invasion of the

privacy of others.

(4) Subsection (d)(2). Amendment of

the records would interfere with

ongoing criminal law enforcement

proceedings and impose an impossible

administrative burden by requiring

criminal investigations to be

continuously reinvestigated.

(5) Subsections (d)(3) and (4). These

subsections are inapplicable to the

extent exemption is claimed from (d)(1)

and (2).

(6) Subsections (e)(1) and (5). It is

often impossible to determine in

advance if investigatory records

contained in this system are accurate,

relevant, timely and complete; but, in

the interests of effective law

enforcement, it is necessary to retain

this information to aid in establishing

patterns of activity and provide leads in

criminal investigations.

(7) Subsection (e)(2). To collect

information from the subject individual

would serve notice that he or she is the

subject of criminal investigative or law

enforcement activity and thereby

present a serious impediment to law

enforcement.

(8) Subsection (e)(3). To inform

individuals as required by this

subsection would reveal the existence of

an investigation and compromise law

enforcement efforts.

(9) Subsection (e)(8). To serve notice

would give persons sufficient warning

to evade law enforcement efforts.

(10) Subsection (g). This subsection is

inapplicable to the extent that the

system is exempt from other specific

subsections of the Privacy Act.

[FR Doc. 00–30608 Filed 11–30–00; 8:45 am]

BILLING CODE 4410–EW–M

PENSION BENEFIT GUARANTY

CORPORATION

29 CFR Parts 4006 and 4007

RIN 1212–AA58

Premium Rates; Payment of Premiums

AGENCY: Pension Benefit Guaranty

Corporation.

ACTION: Final rule.

SUMMARY: This final rule makes three

amendments to the PBGC’s premium

regulations. One amendment allows

plan administrators to pay a prorated

premium for a short plan year rather

than paying a full year’s premium and

requesting a refund. A second

amendment simplifies and narrows the

definition of ‘‘participant’’ for PBGC

premium purposes. A third amendment

simplifies the standard for claiming the

variable-rate premium exemption for

plans that are fully insured under

section 412(i) of the Internal Revenue

Code.

DATES: Effective January 1, 2001. The

amendments made by this rule apply to

plan years beginning after 2000.

FOR FURTHER INFORMATION CONTACT:

Harold J. Ashner, Assistant General

Counsel, or Deborah C. Murphy,

Attorney, Office of the General Counsel,

PBGC, 1200 K Street, NW., Washington,

DC 20005–4026; 202–326–4024. (For

TTY/TDD users, call the Federal relay

service toll-free at 1–800–877–8339 and

ask to be connected to 202–326–4024.)

SUPPLEMENTARY INFORMATION:

Background

Section 4007 of the Employee

Retirement Income Security Act of 1974

(ERISA) requires the payment of annual

premiums to the PBGC for pension

plans that Title IV of ERISA covers.

ERISA section 4006 establishes the

amount of the annual premium. For

single-employer plans, there is a flatrate premium of $19 per participant and

a variable-rate premium of $9 per $1,000

of unfunded vested benefits. For

multiemployer plans, there is only a

flat-rate premium of $2.60 per

participant.

Under the PBGC’s premium

regulations (29 CFR Parts 4006 and

4007), plan administrators count

participants and calculate unfunded