15614 Federal Register / Vol. 62, No. 63 / Wednesday, April 2, 1997 / Rules and Regulations

instructions on how to register a

complaint. An overview of these steps

must be posted for public viewing at

each law enforcement facility in Indian

country.

§ 12.53 Who investigates officer

misconduct?

The Director, Office of Law

Enforcement Services maintains an

internal affairs program that investigates

all allegations of misconduct by BIA

officers, and any officer receiving

funding and/or authority from the BIA.

All allegations of misconduct must be

thoroughly investigated and appropriate

action taken when warranted. Any

person having knowledge of officer

misconduct must report that

information to the officer’s supervisor.

The supervisor must immediately report

allegations to the internal affairs unit.

Depending upon the severity of the

allegation, the matter may be dealt with

locally or it will be investigated by the

internal affairs unit. Failure of any BIA

employee to report known allegations

may be considered misconduct in itself.

Citizens may report officer misconduct

directly to the internal affairs unit if that

is more practical.

§ 12.54 What can I do if I believe my civil

rights have been violated?

All allegations of civil rights

violations must be reported immediately

to the internal affairs unit. That office

will ensure that allegations are

immediately reported to the Civil Rights

Division of the U. S. Department of

Justice through established procedures.

BIA’s internal affairs unit may also

investigate the matter and make

recommendations for additional action

as necessary.

§ 12.55 Are there any limits on how much

force an officer can use when performing

law enforcement duties?

The Director will develop and

maintain the use of force policy for all

BIA law enforcement personnel, and for

programs receiving BIA funding or

authority. Training in the use of force,

to include non-lethal measures, will be

provided annually. All officers will

successfully complete a course of

instruction in firearms, to include

judgement pistol shooting, approved by

the Indian Police Academy before

carrying a firearm on or off duty.

Subpart G—Support Functions

§ 12.61 Can I be paid for information that

helps solve a crime?

The Director can spend money to

purchase evidence or information, or to

offer a reward, in the investigation of a

crime. This is subject to the availability

of funds. This authority may be

delegated in writing to supervisory

criminal investigators within the Office

of Law Enforcement Services in the BIA.

The Director must develop policies and

procedures for the expenditure, control,

and audit of these funds before their

use.

§ 12.62 Who decides what uniform an

Indian country law enforcement officer can

wear and who pays for it?

Each local law enforcement program

must establish its own uniform

requirements for patrol and detention

personnel. Uniformed BIA police

officers may be paid an annual uniform

allowance not to exceed $400. Local

programs may provide uniforms and

related equipment to officers in lieu of

this payment. All law enforcement

officers must also have their official

identification on their person at all

times when performing law enforcement

duties. Uniforms, when worn, will be

plainly distinguishable from the

uniforms of any non-law enforcement

personnel working on the reservation.

§ 12.63 Do Indian country law enforcement

officers perform other duties as well?

Law enforcement commissions will

only be issued by the Bureau of Indian

Affairs to persons occupying positions

as full-time officers. Bureau of Indian

Affairs funded or commissioned

criminal investigators will not be

responsible for supervising or managing

any patrol, detention, or other

uniformed police programs.

Dated: March 24, 1997.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 97–8341 Filed 4–1–97; 8:45 am]

BILLING CODE 4310–02–P

DEPARTMENT OF DEFENSE

Department of the Navy

32 CFR Part 701

[Secretary of the Navy Instruction 5211.5]

Privacy Program

AGENCY: Department of the Navy, DOD.

ACTION: Final rule.

SUMMARY: The Department of the Navy

is amending three exemption rules. The

administrative amendments consist of

deleting the exemption rule for N04385-

1 (system was consolidated into

N05041-1); changing the system name of

N05520-5; and changing the system

identifier for N04385-2 to N05512-2 and

deleting subsections (k)(5), (k)(6), and

(k)(7) from the exemption rule.

EFFECTIVE DATE: April 2, 1997.

ADDRESSES: Send comments to the

Department of the Navy, PA/FOIA

Policy Branch, Chief of Naval

Operations (N09B30), 2000 Navy

Pentagon, Washington, DC 20350–2000.

FOR FURTHER INFORMATION CONTACT: Mrs.

Doris Lama at (202) 685–6545 or DSN

325–6545.

SUPPLEMENTARY INFORMATION:

Executive Order 12866. It has been

determined that this Privacy Act rule for

the Department of Defense does not

constitute ‘significant regulatory action’.

Analysis of the rule indicates that it

does not have an annual effect on the

economy of $100 million or more; does

not create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency; does not

materially alter the budgetary impact of

entitlements, grants, user fees, or loan

programs or the rights and obligations of

recipients thereof; does not raise novel

legal or policy issues arising out of legal

mandates, the President’s priorities, or

the principles set forth in Executive

Order 12866 (1993).

Regulatory Flexibility Act. It has been

determined that this Privacy Act rule for

the Department of Defense does not

have significant economic impact on a

substantial number of small entities

because it is concerned only with the

administration of Privacy Act systems of

records within the Department of

Defense.

Paperwork Reduction Act. It has been

determined that this Privacy Act rule for

the Department of Defense imposes no

information requirements beyond the

Department of Defense and that the

information collected within the

Department of Defense is necessary and

consistent with 5 U.S.C. 552a, known as

the Privacy Act of 1974.

The Department of the Navy is

amending three exemption rules

published in 32 CFR part 701, subpart

G. The administrative amendments

consist of deleting the exemption rule

for N04385-1 (system was consolidated

into N05041-1); changing the system

name of N05520-5; and changing the

system identifier for N04385-2 to

N05512-2 and deleting subsections

(k)(5), (k)(6), and (k)(7) from the

exemption rule.

List of Subjects in 32 CFR Part 701

Privacy.

1. The authority citation for 32 CFR

part 701, subpart G continues to read as

follows:

Authority: Pub. L. 93–579, 88 Stat.

1896 (5 U.S.C. 552a).
Federal Register / Vol. 62, No. 63 / Wednesday, April 2, 1997 / Rules and Regulations 15615

2. Section 701.118, is amended by

removing and reserving paragraph (h),

and revising paragraph (i), and revising

the heading and introductory text of

paragraph (n) as follows:

§ 701.118 Exemptions for specific Navy

record systems.

* * * * *

(h) [Reserved].

(i) System identifier and name:

N05041–1, Inspector General (IG)

Records.

(1) Exemption: Portions of this system

of records may be exempt from the

provisions of 5 U.S.C. 552a(c)(3); (d);

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

(2) Authority: 5 U.S.C. 552a(k)(1) and

(k)(2).

(3) Reasons: (i) From subsection (c)(3)

because the release of the disclosure

accounting would permit individuals to

obtain valuable information concerning

the nature of the investigation and

would present a serious impediment to

the orderly conduct of any investigative

activities. Such accounting could result

in the release of properly classified

information which would compromise

the national defense or disrupt foreign

policy.

(ii) From subsections (d) and (f)

because access to the records would

inform individuals of the existence and

nature of the investigation; provide

information that might result in the

concealment, destruction, or fabrication

of evidence; possibly jeopardize the

safety and well-being of informants,

witnesses and their families; likely

reveal and render ineffectual

investigatory techniques and methods

and sources of information; and

possibly result in the invasion of the

personal privacy of third parties. Access

could result in the release of properly

classified information which could

compromise the national defense or

disrupt foreign policy. Amendment of

the records would interfere with the

ongoing investigation and impose an

impossible administrative burden by

requiring investigations to be

continually reinvestigated.

(iii) From subsection (e)(1) because in

the course of the investigation it is not

always possible, at least in the early

stages of the inquiry, to determine

relevance and or necessity as such

determinations may only occur after the

information has bee evaluated.

Information may be obtained concerning

the actual or potential violation of laws

or regulations other than those relating

to the ongoing investigation. Such

information should be retained as it can

aid in establishing patterns of improper

activity and can provide valuable leads

in the conduct of other investigations.

(iv) From subsection (e)(4)(G) and (H)

because this system of records is exempt

from individual access pursuant to

subsection (k)(1) and (k)(2) of the

Privacy Act of 1974.

(v) From subsection (e)(4)(I) because it

is neccessary to protect the

confidentiality of sources and to protect

the privacy and physical safety of

witnesses. Although the system is

exempt from this requirement, the

Department of the Navy has published

a notice in broad, generic terms in the

belief that this is all that subsection

(e)(4)(I) of the Act requires.

* * * * *

(n) System identifier and name:

N05520–5, Personnel Security Program

Management Records System. * * *

Dated: March 26, 1997.

L. M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 97–8138 Filed 3–31–97; 8:45 am]

BILLING CODE 5000–04–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300464; FRL–5597–2]

RIN 2070-AC78

Propamocarb Hydrochloride; Pesticide

Tolerance for Emergency Exemptions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation establishes

time-limited tolerances for residues of

the fungicide propamocarb

hydrochloride in or on the raw

agricultural commodities potatoes, milk;

and meat, meat by-products, and fat of

cattle, goat, horse, sheep, and hogs in

connection with EPA’s granting of

emergency exemptions under section 18

of the Federal Insecticide, Fungicide,

and Rodenticide Act authorizing use of

propamocarb hydrochloride on potatoes

in the states of California, and Texas.

This regulation establishes maximum

permissible levels for residues of

propamocarb hydrochloride in these

foods pursuant to section 408(l)(6) of the

Federal Food, Drug, and Cosmetic Act,

as amended by the Food Quality

Protection Act of 1996. The tolerances

will expire and be revoked by EPA on

March 15, 1999.

DATES: This regulation becomes

effective April 2, 1997. Objections and

requests for hearings must be received

by EPA on or before June 2, 1997.

ADDRESSES: Written objections and

hearing requests, identified by the

docket control number, [OPP–300464],

must be submitted to: Hearing Clerk

(1900), Environmental Protection

Agency, Rm. M3708, 401 M St., SW.,

Washington, DC 20460. Fees

accompanying objections and hearing

requests shall be labeled ‘‘Tolerance

Petition Fees’’ and forwarded to: EPA

Headquarters Accounting Operations

Branch, OPP (Tolerance Fees), P.O. Box

360277M, Pittsburgh, PA 15251. A copy

of any objections and hearing requests

filed with the Hearing Clerk identified

by the document control number, [OPP–

300464], must also be submitted to:

Public Response and Program Resources

Branch, Field Operations Division

(7506C), Office of Pesticide Programs,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460.

In person, bring a copy of objections

and hearing requests to Rm. 1132, CM

#2, 1921 Jefferson Davis Hwy.,

Arlington, VA. A copy of objections and

hearing requests filed with the Hearing

Clerk may also be submitted

electronically by sending electronic

mail (e-mail) to: oppdocket@epamail.epa.gov. Copies of

objections and hearing requests must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption. Copies of objections and

hearing requests will also be accepted

on disks in WordPerfect 5.1 file format

or ASCII file format. All copies of

objections and hearing requests in

electronic form must be identified by

the docket control number [OPP–

300464]. No Confidential Business

Information (CBI) should be submitted

through e-mail. Electronic copies of

objections and hearing requests on this

rule may be filed online at many Federal

Depository Libraries.

FOR FURTHER INFORMATION CONTACT: By

mail: Libby Pemberton, Registration

Division (7505W), Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460. Office location,

telephone number, and e-mail: Sixth

Floor, Crystal Station #1, 2800 Jefferson

Davis Highway, Arlington, VA 22202.

(703) 308-8326, e-mail:

pemberton.libby@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA, on

its own initiative, pursuant to section

408(e) and (l)(6) of the Federal Food,

Drug, and Cosmetic Act (FFDCA), 21

U.S.C. 346a(e) and (l)(6), is establishing

tolerances for residues of propamocarb

hydrochloride on potatoes at 0.5 parts

per million (ppm) and in milk; and

meat, meat by-products, and fat of

cattle, goat, horse, sheep, and hogs at 0.1