25772 Federal Register / Vol. 63, No. 90 / Monday, May 11, 1998 /Rules and Regulations

(c) Information deemed to be ‘‘public

sector’’ information may be disclosed to

third parties without the consent of the

file subject. Public sector information

encompasses the following:

(1) Name;

(2) Register number;

(3) Offense of conviction;

(4) Past and current places of

incarceration;

(5) Age;

(6) Sentence data on the Bureau of

Prisons sentence computation record

(BP–5);

(7) Date(s) of parole and parole

revocation hearings; and

(8) The decision(s) rendered by the

Commission following a parole or

parole revocation proceeding, including

the dates of continuances and parole

dates. An inmate’s designated future

place of incarceration is not public

information.

Dated: May 5, 1998.

Michael J. Gaines,

Chairman, U.S. Parole Commission.

[FR Doc. 98–12386 Filed 5–8–98; 8:45 am]

BILLING CODE 4410–01–P

DEPARTMENT OF DEFENSE

Defense Logistics Agency

32 CFR Part 323

[Defense Logistics Agency Reg. 5400.21]

Privacy Act; Implementation

AGENCY: Defense Logistics Agency, DoD.

ACTION: Final rule.

SUMMARY: The Defense Logistics Agency

is exempting a system of records

identified as S500.60 CA, entitled ‘DLA

Complaint Program Records’ from

certain provisions of the Privacy Act.

The exemptions are intended to increase

the value of the system of records for

law enforcement purposes, to comply

with prohibitions against the disclosure

of certain kinds of information, and to

protect the privacy of individuals

identified in the system of records.

EFFECTIVE DATE: May 5, 1998.

ADDRESSES: Send comments to the

Privacy Act Officer, Defense Logistics

Agency, ATTN: CAAR, 8725 John J.

Kingman Road, Suite 2533, Fort Belvoir,

VA 22060–6221.

FOR FURTHER INFORMATION CONTACT: Ms.

Susan Salus at (703) 767–6183.

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.

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, and 44 U.S.C. Chapter

35.

This rule adds an exempt Privacy Act

system of records to the DLA inventory

of systems of records. DLA operates a

complaint system whereby individuals

may report instances of suspected fraud,

waste, or abuse; mismanagement;

contract deviations, noncompliance, or

improprieties; administrative

misconduct; or adverse treatment under

the complaint program. Allegations are

investigated and appropriate corrections

are instituted. The exempt system

reflects recognition that certain records

in the system may be deemed to require

protection from disclosure in order to

protect confidential sources mentioned

in the files and avoid compromising,

impeding, or interfering with

investigative and enforcement

proceedings. The proposed rule was

previously published on March 6, 1998,

at 63 FR 11198. No comments were

received, therefore, the Director is

adopting the exemptions for the reasons

provided.

List of subjects in 32 CFR part 323

Privacy.

Accordingly, 32 CFR part 323 is

amended as follows:

Part 323 – Defense Logistics Agency

Privacy Program.

1. The authority citation for 32 CFR

Part 323 continues to read as follows:

Authority: Pub. L. 93–579, 88 Stat 1896 (5

U.S.C. 552a).

2. Appendix H to Part 323 is to be

amended by adding paragraph e. as

follows:

Appendix H to Part 323-DLA Exemption

Rules.

* * * * *

e. ID: S500.60 CA (Specific

exemption).

1. System name: DLA Complaint

Program Records.

2. Exemption: (i) Investigatory

material compiled for law enforcement

purposes may be exempt pursuant to 5

U.S.C. 552a(k)(2). However, if an

individual is denied any right, privilege,

or benefit for which he would otherwise

be entitled by Federal law or for which

he would otherwise be eligible, as a

result of the maintenance of the

information, the individual will be

provided access to the information

except to the extent that disclosure

would reveal the identity of a

confidential source.

(ii) Investigatory material compiled

solely for the purpose of determining

suitability, eligibility, or qualifications

for federal civilian employment,

military service, federal contracts, or

access to classified information may be

exempt pursuant to 5 U.S.C. 552a(k)(5),

but only to the extent that such material

would reveal the identity of a

confidential source.

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

(k)(5), subsections (c)(3), (d)(1) through

(d)(4), (e)(1), (e)(4)(G), (H), and (I), and

(f).

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

because to grant access to an accounting

of disclosures as required by the Privacy

Act, including the date, nature, and

purpose of each disclosure and the

identity of the recipient, could alert the

subject to the existence of the

investigation or prosecutive interest by

DLA or other agencies. This could

seriously compromise case preparation

by prematurely revealing its existence

and nature; compromise or interfere

with witnesses or make witnesses

reluctant to cooperate; and lead to

suppression, alteration, or destruction of

evidence.

(ii) From subsections (d)(1) through

(d)(4), and (f) because providing access

to records of a civil or administrative

investigation and the right to contest the

contents of those records and force

changes to be made to the information

contained therein would seriously

interfere with and thwart the orderly

and unbiased conduct of the

investigation and impede case

preparation. Providing access rights

normally afforded under the Privacy Act

would provide the subject with valuable

information that would allow

interference with or compromise of

witnesses or render witnesses reluctant

to cooperate; lead to suppression,

alteration, or destruction of evidence;
Federal Register / Vol. 63, No. 90 / Monday, May 11, 1998 /Rules and Regulations 25773

enable individuals to conceal their

wrongdoing or mislead the course of the

investigation; and result in the secreting

of or other disposition of assets that

would make them difficult or

impossible to reach in order to satisfy

any Government claim growing out of

the investigation or proceeding.

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

is not always possible to detect the

relevance or necessity of each piece of

information in the early stages of an

investigation. In some cases, it is only

after the information is evaluated in

light of other evidence that its relevance

and necessity will be clear.

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

because this system of records is

compiled for law enforcement purposes

and is exempt from the access

provisions of subsections (d) and (f).

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

to the extent that this provision is

construed to require more detailed

disclosure than the broad, generic

information currently published in the

system notice, an exemption from this

provision is necessary to protect the

confidentiality of sources of information

and to protect privacy and physical

safety of witnesses and informants. DLA

will, nevertheless, continue to publish

such a notice in broad generic terms as

is its current practice.

Dated: May 5, 1998.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense

[FR Doc. 98–12321 Filed 5–8–98; 8:45 am]

BILLING CODE 5000–04–F

DEPARTMENT OF DEFENSE

Department of the Navy

32 CFR Part 701

[Secretary of the Navy Instruction 5211.5]

Privacy Act; Implementation

AGENCY: Department of the Navy,DOD.

ACTION: Final rule.

SUMMARY: The Department of the Navy

is amending its Privacy Act regulation

on exemptions for specific record

systems. The administrative amendment

consists of changing the system name of

N05520-4, NIS Investigative Files

System’ to ‘NCIS Investigative Files

System’.

EFFECTIVE DATE: May 11, 1998.

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 the system name of an

exempt system of records published in

32 CFR part 701, subpart G. The

administrative amendment consists of

changing the system name of N05520-4,

NIS Investigative Files System’ to ‘NCIS

Investigative Files System’.

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).

2. Section 701.118, is amended by

revising the heading of paragraph (m) as

follows:

§ 701.118 Exemptions for specific Navy

record systems.

* * * * *

(m) System identifier and name:

N05520–4, NCIS Investigative Files

System. * * *

Dated: May 5,1998.

L. M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 98–12322 Filed 5–8–98; 8:45 am]

BILLING CODE 5000–04–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[LA–46–1–7384a; FRL–6009–1]

Approval and Promulgation of State

Implementation Plans; Louisiana: SiteSpecific Revision for the Exxon

Company Baton Rouge Refinery

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: In this action, the EPA is

approving a site-specific revision to the

Louisiana 15% Rate-of-Progress State

Implementation Plan (SIP). The revision

extends the date of compliance for the

installation of particular Volatile

Organic Liquid (VOL) storage tank

controls for storage tanks located at the

Baton Rouge Refinery of Exxon

Company, U.S.A. Specifically, the

revision extends the compliance date of

the requirement for the installation of

guide pole sliding cover gaskets on 33

storage tanks until the earlier of the next

scheduled downtime of the subject

tanks or December 2005.

In the proposed rules section of

today’s Federal Register (FR), the EPA

is proposing and seeking public

comment on the same conditional and

final approvals of the Louisiana SIP that

are discussed in this document. If

relevant adverse comments are received

on these approvals, the EPA will

publish a timely withdrawal in the

Federal Register informing the public

that the direct final rule did not take

effect, and addressing the relevant

comments received in a subsequent

final rule, based on the related proposed

rule. No additional opportunity for

public comment will be provided.

DATES: This action is effective on July

10, 1998 unless adverse or critical

comments are received by June 10,

1998. If adverse comment is received,

EPA will publish a timely withdrawal of

the direct final rule in the Federal

Register and inform the public that the

rule did not take effect.

ADDRESSES: Written comments on this

action should be addressed to Mr.

Thomas H. Diggs, Chief, Air Planning

Section (6PD–L), at the EPA Region 6

Office listed below.

Copies of the documents relevant to

this action are available for public

inspection during normal business

hours at the following locations.

Interested persons wanting to examine

these documents should make an

appointment with the appropriate office

at least two working days in advance.