33189

Rules and Regulations Federal Register 

Vol. 56, No. 139

Friday, July 19, 1991

This section of the FEDERAL REG ISTER 

contains regulatory documents having 

general applicability and legal effect most 

of which are keyed to and codified in 

the Code of Federal Regulations, which is 

published under 50 titles pursuant to 44 

U.S.C. 1510.

The Code of Federal Regulations is sold 

by the Superintendent of Documents.

Prices of new books are listed in the 

first FEDERAL R EG ISTER issue of each 

week.

FEDERAL LABOR RELATIONS 

AUTHORITY

5 CFR Part 2412

Privacy Act; New Exempt System of 

Records

AGENCY: Federal Labor Relations 

Authority (FLRA).

ACTION: Final rule.

summar y : This final rule adds 5 CFR

2412.16 to exempt a system of records 

entitled “FLRA/OIG-1—Office of die 

Inspector General Investigative Files” 

from certain sections of the Privacy Act 

of 1974 {5 U.S.C. 552a) pursuant to 5 

U.S.C. 552a (j) and (k). By relieving the 

Office of the Inspector General (OIG) of 

certain restrictions, the exemptions will 

help ensure that the OIG may efficiently 

and effectively perform investigations 

and other authorized duties and 

activities.

EFFECTIVE DATE: July 19,1991.

FOR FURTHER INFORMATION CO N TACT: 

Paul D. Miller, Inspector General, FLRA, 

500 C Street, SW., Washington, DC 

20424, (202} 382-6002.

SUPPLEMENTARY INFORMATION:

Elsewhere in today’s Federal Register, 

the FLRA is publishing the system notice 

for a new system of records, “FLRA/ 

OIG-1, Office of the Inspector General 

Investigative Files" under the Privacy 

Act, 5 U.S.C. 552a, as amended. The 

FLRA published a proposed system 

notice for this system of records in the 

Federal Register on October 2,1990 (55 

FR 40237}. Accompanying the proposed 

system notice was a proposed rule to 

exempt this system of records from 

certain sections of the Privacy Act of 

1974 (5 U.S.C. 552a) pursuant to 5 U.S.C. 

552a (j) and (k). The proposed rule was 

also published in the Federal Register on 

October 2,1990 (55 FR 40188).

Two comments were received in 

response to the proposed rule.

According to one commentator, it may 

not be appropriate to grant an 

exemption pursuant to 5 U.S.C.

552a(j)(2).

5 U.S.C. 552a(j)(2) allows for an 

exemption for files “maintained by an 

agency or component thereof which 

performs as its principal function any 

activity pertaining to the enforcement of 

criminal laws.” The commentator 

asserts that the FLRA’s OIG does not 

perform as its principal function any 

activity pertaining to the enforcement of 

criminal laws, but suggests that an 

investigative subunit within the OIG 

may well do so. We do not agree with 

the commentator that the OIG does not 

perform as its principal function any 

activity pertaining to the enforcement of 

criminal laws. The Inspector General 

Act of 1978, as amended, specifically 

mandates Inspectors General to 

investigate allegations of criminal 

violations and the FLRA’s OIG does so. 

Moreover, the FLRA’s OIG’s 

Investigative Files are, in fact, 

maintained separately within the OIG, 

and are accessible only to those persons 

involved in the investigation and 

enforcement of criminal laws.

The second commentator suggests 

that proposed § 2412.16 (a) and (b) be 

modified in part to emphasize that only 

those files that are “solely” compiled for 

criminal investigation purposes or other 

law enforcement purposes are exempt 

under 5 U.S.C. 552a (j)(2) and (k)(2). The 

commentator suggests the changes “to 

protect the legal rights of individuals 

under the Privacy Act” and to avoid 

“excessive interference” “during an 

investigation, in the privacy rights of 

individuals.” We have not adopted the 

proposed changes in the final rule.

While we share the commentator’s 

concern to protect the privacy rights of 

individuals and to guard against 

proscribed interference with those 

rights, adoption of the proposed changes 

is unnecessary, and could be misleading. 

Insofar as the proposed changes would 

merely reflect that the exemptions 

adhered to the legal limits on those 

exemptions set forth in sections (j)(2) 

and (k)(2) of the Privacy Act, the 

changes are unnecessary. Such limits 

are implicit in the regulations. Further, 

to the extent the proposed changes 

could be read to reflect a discretionary 

decision not to use information 

originally collected for purposes set 

forth in sections (J)(2) and (k)(2) for

other, legally permissible purposes, the 

changes would not accurately reflect the 

intent behind the regulations, and could 

be misleading.

Upon further consideration, we also 

clarify our view of the breadth of the 

(j)(2) exemption, discussed in the 

Supplementary Information 

accompanying the proposed rule (55 FR 

40188). Specifically, we interpret the 

wording of the (j)(2) exemption to limit 

exemptible information to that indicated 

in 5 U.S.C. 552a(j)(2).

This rule has been reviewed under 

Executive Order No. 12291 and has been 

determined not to be a “major rule,” 

since it will not have an annual effect on 

the economy of $100 million or more. In 

addition, it has been determined that 

this rule will not have a significant 

economic impact on a substantial 

number of small entities.

List of Subjects in 5 CFR Part 2412

Privacy.

For the reasons set forth above, 5 

CFR, chapter XIV, subchapter B, part 

2412, is amended as follows:

PART 2412— PRIVACY

1. The authority for part 2412 

continues to read as follows:

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

2. Section 2412.16 is added as follows:

§ 2412.16 Exemptions.

(a) OIG files compiled for the purpose

o f a criminal investigation and for

related purposes. Pursuant to 5 U.S.C. 

552a(j}(2), the FLRA hereby exempts the 

system of records entitled “FLRA/OIG1, Office of Inspector General 

Investigative Elies,” insofar as it 

consists of information compiled for the 

purposes of a criminal investigation or 

for other purposes within the scope of 5 

U.S.C. 552a(j)(2), from the application of 

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

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

(6), (7). (9), (10), (11) and (i).

(b) OIG files compiled for other law

enforcement purposes. Pursuant to 5 

UJS.C. 552a (k) (2), the FLRA hereby 

exempts the system of records entitled, 

“FLRA/OIG-1, Office of Inspector 

General Investigative Files,” insofar as 

it consists of information compiled for 

law enforcement purposes other than 

material within the scope of 5 U.S.C. 

552a(j)(2), from the application of 5
33190 Federal Register / Vol. 56, No. 139 / Friday, July 19, 1991 / Rules and Regulations

U.S.C. 552a (c)(3), (d), (e)(1), (e)(4) (G)

(H), and (I), and (f).

Dated: July 15,1991.

Solly J. Thomas, Jr.,

Executive Director.

[FR Doc. 91-17268 Filed 7-18-91; 8:45 am]

BILLING CODE 6727-01-M

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection 

Service

7 CFR Part 301 

[Docket No. 91-096]

Peach Fruit Fly; Removal of 

Regulations

ag en c y : Animal and Plant Health 

Inspection Service, USDA.

ACTION: Affirmation of interim rule.

SUMMARY: We are affirming without 

change an interim rule that removed the 

peach fruit fly regulations that 

designated a portion of Orange County 

in California as a quarantined area and 

imposed restrictions on the interstate 

movement of regulated articles from that 

area. We have determined that the 

peach fruit fly has been eradicated from 

Orange County, California, and the 

regulations are no longer necessary. 

EFFECTIVE DATE: August 19,1991.

FOR FURTHER INFORMATION CONTACT: 

Michael B. Stefan, Operations Officer, 

Domestic and Emergency Operations 

Staff, PPQ, APHIS, USDA, room 642, 

Federal Building, 6505 Belcrest Road, 

Hyattsville, MD 20782, (301) 436-8247. 

SUPPLEMENTARY INFORMATION:

Background

In an interim rule effective April 4, 

1991, and published in the Federal 

Register on April 10,1991 (56 FR 14459- 

14460, Docket Number 91-043), we 

amended the “Domestic Quarantine 

Notices” in 7 CFR part 301 by removing 

the “Peach Fruit Fly” regulations (7 CFR 

301.96 through 301.96-10). These 

regulations designated a portion of 

Orange County in California as a 

quarantined area and imposed 

restrictions on the interstate movement 

of regulated articles from the area in 

order to prevent the spread of the peach 

fruit fly to noninfested areas of the 

United States. We have determined that 

the peach fruit fly has been eradicated 

from Orange County, California, and the 

regulations are no longer necessary. 

Comments on the interim rule were 

required to be received on or before 

June 10,1991. We did not receive any 

comments. The facts presented in the

interim rule still provide a basis for this 

rule.

Executive Order 12291 and Regulatory 

Flexibility Act

We are issuing this rule in 

conformance with Executive Order 

12291, and we have determined that it is 

not a “major rule.” Based on information 

compiled by the Department, we have 

determined that this rule will have an 

effect on the economy of less than $100 

million; will not cause a major increase 

in costs or prices for consumers, 

individual industries, Federal, State or 

local government agencies, or 

geographic regions; and will not cause a 

significant adverse effect on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

enterprises to compete with foreignbased enterprises in domestic or export 

markets.

For this action, the Office of 

Management and Budget has waived its 

review process required by Executive 

Order 12291.

The regulation affirmed by this action 

affects the interstate movement of 

regulated articles from a portion of 

Orange County, California. Within the 

previously regulated area there are 

approximately 330 small entities that 

may be affected, including retail outlets, 

wholesalers, a processor, a packing 

house, fruit stands, swap meets, mobile 

vendors, a farmers market, nurseries, 

and a commercial grower of cucumbers.

The effect of this rule on these entities 

should be insignificant since most of the 

small entities handle regulated articles 

primarily for intrastate movement, and 

were not affected by the regulatory 

provisions we removed.

The effect of the regulations on those 

few persons who moved regulated 

articles interstate was minimized by the 

availability of a treatment that in most 

cases permitted the interstate movement 

of regulated articles with very little 

additional cost. Also, many of these 

entities sell other items in addition to 

the previously regulated articles.

Further, the number of affected entities 

is small compared with the thousands of 

small entities that move these articles 

interstate from nonquarantined areas in 

California and other States.

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action will not have 

a significant economic impact on a 

substantial number of small entities.

Paperwork Reduction Act

This rule contains no information 

collection or recordkeeping

requirements under the Paperwork 

Reduction Act of 1980 (44 U.S.C. 3501 et

seq.).

Executive Order 12372

This program/activity is listed in the 

Catalog of Federal Domestic Assistance 

under No. 10.025 and is subject to 

Executive Order 12372, which requires 

intergovernmental consultation with 

state and local officials. (See 7 CFR part 

3015, subpart V.)

List of Subjects in 7 CFR Part 301

Agriculture commodities, Peach fruit 

fly, Plant diseases, Plant pests, Plant 

(Agriculture), Quarantine, 

Transportation.

PART 301— DOMESTIC QUARANTINE 

NOTICES

Accordingly, we are adopting as a 

final rule, without change, the interim 

rule that amended 7 CFR part 301 and 

was published at 56 FR 14459-14460 on 

April 10,1991.

Authority: 7 U.S.C. 150bb, 150dd, 150ee,

150ff, 161,162, and 164-167; 7 CFR 2.17, 2.51

and 371.2(c)

Done in Washington, DC, this 16th day of

July 1991.

James W. Glosser,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 91-17224 Filed 7-18-91; 8:45 am]

BILLING CODE 3410-34-M

Commodity Credit Corporation 

7 CFR Part 1475

Emergency Livestock Assistance

AGENCY: Commodity Credit Corporation, 

USDA.

a c t io n : Final rule.

summar y : The purpose of this rule is to 

adopt as a final rule, with certain 

changes which will enhance the 

effectiveness of the programs, a 

proposed rule which was published in 

the Federal Register on March 6,1990 

(55 FR 7905). This final rule amends the 

regulations at 7 CFR part 1475, to set 

forth the regulations for the livestock 

emergency programs conducted by the 

Commodity Credit Corporation (CCC). 

The final rule provides a simplified 

method of obtaining these programs 

with respect to: (1) Computing feed 

needs for eligible livestock; (2) 

determining feed on hand; and (3) 

determining owner eligibility.

EFFECTIVE DATE: July 19,1991.

FOR FURTHER INFORMATION CONTACT: 

Harry D. Millner, Program Specialist,