Office of Inspector General Exemptions to the Privacy Act, 83788-83789 [2024-24087]
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Federal Register / Vol. 89, No. 202 / Friday, October 18, 2024 / Rules and Regulations
when the regulated community does not
need the six-month period to come into
compliance. As described above, the
facility has ceased the electroplating
process creating copper filter cake/
copper sludge waste which necessitates
the removal of the delisted waste.
Therefore, a six-month delay in the
effective date is not necessary in this
case. This provides the basis for making
this amendment effective immediately
upon publication under the
Administrative Procedures Act pursuant
to 5 United States Code (U.S.C.) 553(d).
The EPA has determined that having a
proposed rulemaking and public
comment on this change is unnecessary,
as it involves the removal of a delisted
waste.
List of Subjects in 40 CFR Part 261
Environmental protection, Hazardous
waste, Recycling, Reporting and
recordkeeping requirements.
Dated: October 8, 2024.
Helena Healy,
Director, Land, Chemicals and
Redevelopment Division, Region 6.
For the reasons set out in the
preamble, 40 CFR part 261 is amended
as follows:
PART 261—IDENTIFICATION AND
LISTING OF HAZARDOUS WASTE
1. The authority citation for part 261
continues to read as follows:
■
Authority: 42 U.S.C. 6905, 6912(a), 6921,
6922, 6924(y) and 6938.
Appendix IX to Part 21
[Amended]
2. Amend table 1 of appendix IX to
part 261 by removing the entry for
‘‘Samsung’’ for Austin, TX.
■
[FR Doc. 2024–23809 Filed 10–17–24; 8:45 am]
BILLING CODE 6560–50–P
COMMITTEE FOR PURCHASE FROM
PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
41 CFR Chapter 51
Office of Inspector General
Exemptions to the Privacy Act
Committee for Purchase From
People Who Are Blind or Severely
Disabled, Office of Inspector General.
ACTION: Final rule.
khammond on DSKJM1Z7X2PROD with RULES
AGENCY:
The Committee for Purchase
From People Who Are Blind or Severely
Disabled (Committee, U.S. AbilityOne
Commission, Commission), Office of
Inspector General (OIG) is finalizing
without change its Privacy Act
SUMMARY:
VerDate Sep<11>2014
15:57 Oct 17, 2024
Jkt 265001
exemption regulations for the system of
records OIG’s AbilityOne/OIG–001 Case
Management System which were
published as a Notice of Proposed
Rulemaking on June 22, 2023. This
Final Rule makes the OIG’s AbilityOne/
OIG–001 Case Management System,
system of records be exempt from
certain sections of the Privacy Act of
1974 pursuant to the general and
specific exemptions listed in the act.
The law enforcement and investigatory
nature of the system of records makes it
inappropriate to allow individual access
to records under the Privacy Act.
DATES: Effective November 17, 2024.
FOR FURTHER INFORMATION CONTACT: For
general questions, please contact: Kamil
Ali, Attorney-Advisor, U.S. AbilityOne
Commission Office of Inspector General,
355 E Street SW (OIG Suite 335),
Washington, DC 20024. Phone: (202)
603–2248, Email: kali@
oig.abilityone.gov. For privacy
questions, please contact: Ms. Kamil
Ali, Attorney-Advisor, U.S. AbilityOne
Commission Office of Inspector General,
355 E Street SW (OIG Suite 335),
Washington, DC 20024. Phone: (202)
603–2248, Email: kali@
oig.abilityone.gov.
SUPPLEMENTARY INFORMATION:
Background
The Privacy Act of 1974, 5 U.S.C.
401–24, governs how the Federal
Government collects, maintains, and
uses personally identifiable information
in systems of record. The Privacy Act
requires that Federal agencies publish in
the Federal Register a system of records
notice (SORN) that identifies purpose of
data collection, the routine use of its
disclosures, and how individuals may
get access to their own records and
contest it.
The Inspector General Act of 1978, 5
U.S.C. 401–24, allows the U.S.
AbilityOne Commission/OIG to
maintain the system to fulfill its
mission. The U.S. AbilityOne
Commission OIG is responsible for
conducting and supervising
independent and objective audits,
inspections, and investigations of the
programs and operations of the
Committee. OIG promotes economy,
efficiency, and effectiveness within the
U.S. AbilityOne Commission/OIG and
prevents and detects fraud, waste, and
abuse in its programs and operations.
OIG’s Office of Investigations
investigates allegations of criminal,
civil, and administrative misconduct
involving U.S. AbilityOne Commission
employees, contractors, grantees, and
Departmental programs and activities.
This includes investigating for
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violations of criminal laws by entities
regulated by U.S. AbilityOne
Commission, regardless of whether they
receive Federal funds. These
investigations can result in criminal
prosecutions, fines, civil monetary
penalties, and administrative sanctions.
The investigative and law
enforcement nature of the system of
records makes it necessary for the
system to be exempt from the notice and
access requirements. The Privacy Act
contains general and specific
exemptions for law enforcement
purposes that grant these exemptions.
The general exemption, 5 U.S.C.
552a(j)(2), allows exemptions for system
of records that are ‘‘maintained by an
agency or component thereof which
performs as its principal function any
activity pertaining to the enforcement of
criminal laws, including police efforts
to prevent, control, or reduce crime or
to apprehend criminals, and the
activities of prosecutors, courts,
correctional, probation, pardon, or
parole authorities, and which consists of
(A) information compiled for the
purpose of identifying individual
criminal offenders and alleged offenders
and consisting only of identifying data
and notations of arrests, the nature and
disposition of criminal charges,
sentencing, confinement, release, and
parole and probation status; (B)
information compiled for the purpose of
a criminal investigation, including
reports of informants and investigators,
and associated with an identifiable
individual; or (C) reports identifiable to
an individual compiled at any stage of
the process of enforcement of the
criminal laws from arrest or indictment
through release from supervision.’’
Similarly the specific exemption in 5
U.S.C. 552a(k)(2) allows exemptions for
systems of records for ‘‘investigatory
material compiled for law enforcement
purposes, other than material within the
scope of subsection (j)(2) of this section:
Provided, however, that if any
individual is denied any right, privilege,
or benefit that he would otherwise be
entitled by Federal law, or for which he
would otherwise be eligible, as a result
of the maintenance of such material,
such material shall be provided to such
individual, except to the extent that the
disclosure of such material would reveal
the identity of a source who furnished
information to the Government under an
express promise that the identity of the
source would be held in confidence, or,
prior to the effective date of this section,
under an implied promise that the
identity of the source would be held in
confidence.’’ The data collected by the
AbilityOne/OIG–001 Case Management
E:\FR\FM\18OCR1.SGM
18OCR1
Federal Register / Vol. 89, No. 202 / Friday, October 18, 2024 / Rules and Regulations
System falls under these categories by
its nature as investigatory material, and
for this reason, U.S. AbilityOne
Commission is adding 41 CFR 51–9.6.
Summary of Comment and Response
The Commission received one
comment on the proposed rule.
Comment: One comment argued that
the OIG should not be able to use the
5 U.S.C. 552a(j)(2) exemption because
its function is not sufficiently criminal
and sought more clarification on the
nature of the system of records and how
the exemptions apply.
Response: The IG Act outlines the
authorities of the Inspector General
under 5 U.S.C. 404(a) and grants it the
ability to conduct, supervise, and
coordinate investigations related to the
program and to manage identification
and prosecution of fraud and abuse. 41
CFR 51–9.601(c) explains the reasons
the exemptions are justified to operate
an investigatory system of records.
Details about the system of records,
such as what information it contains
and how it is collected, are under the
AbilityOne/OIG–001 Case Management
System SORN, 88 FR 40223.
List of Subjects in 41 CFR Part 51–9
Privacy.
For reasons stated in the preamble,
the Committee amends 41 CFR part 51–
9 as follows:
PART 51–9—PRIVACY ACT RULES
1. The authority citation for part 51–
9 continues to read as follows:
■
Authority: 5 U.S.C. 552a.
2. Revise subpart 51–9.6, consisting of
§ 51–9.601, to read as follows:
■
Subpart 51–9.6—Exemptions
khammond on DSKJM1Z7X2PROD with RULES
§ 51–9.601 Office of Inspector General
exemptions.
(a) Pursuant to section (j) of the
Privacy Act of 1974, the Committee has
deemed it necessary to adopt the
following exemptions to specified
provisions of the Privacy Act:
(1) Pursuant to 5 U.S.C. 552a(j)(2), the
AbilityOne/OIG–001 Case Management
System, System of Records is exempt
from the following provisions of the
Privacy Act: 5 U.S.C. 552a (c)(3)–(4); (d);
(e)(1)–(3); (e)(4)(G)–(I); (e)(5); (e)(8); and
(f)–(g) and from 41 CFR 51–9.1, 51–9.2,
51–9.3, 51–9.4, and 51–9.7.
(2) [Reserved]
(b) Pursuant to section (k) of the
Privacy Act of 1974, the Committee has
deemed it necessary to adopt the
following exemptions to specified
provisions of the Privacy Act:
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15:57 Oct 17, 2024
Jkt 265001
(1) Pursuant to 5 U.S.C. 552a(k)(2),
AbilityOne/OIG–001 Case Management
System, System of Records is exempt
from the following provisions of the
Privacy Act, subject to the limitations
set forth in those subsections: 5 U.S.C.
552a(c)(3), (d), (e)(4)(G)–(I), and (f) and
from 41 CFR 51–9.1, 51–9.2, 51–9.3, 51–
9.4, and 51–9.7.
(2) [Reserved]
(c) Exemptions from the subsections
are justified because application of these
provisions would present a serious
impediment to law enforcement. Access
to the records contained in this system
of records could inform the subject of an
investigation of an actual or potential
criminal, civil, or regulatory violation,
of the existence of that investigation; of
the nature and scope of the information
and evidence obtained as to his
activities; of the identity of confidential
sources, witnesses, and law enforcement
personnel, and of information that may
enable the subject to avoid detection or
apprehension. These factors would
present a serious impediment to
effective law enforcement where they
prevent the successful completion of the
investigation, endanger the physical
safety of confidential sources, witnesses,
and law enforcement personnel, and/or
lead to the improper influencing of
witnesses, the destruction of evidence,
or the fabrication of testimony. In
addition, granting access to such
information could disclose securitysensitive or confidential business
information or information that would
constitute an unwarranted invasion of
the personal privacy of third parties.
Finally, access to the records could
result in the release of properly
classified information which would
compromise the national defense or
disrupt foreign policy. Amendment of
the records would interfere with
ongoing investigations and law
enforcement activities and impose an
impossible administrative burden by
requiring investigations to be
continuously reinvestigated. It is not
possible to detect relevance or necessity
of specific information in the early
stages of a civil, criminal or other law
enforcement investigation, case, or
matter, including investigations in
which use is made of properly classified
information. Relevance and necessity
are questions of judgment and timing,
and it is only after the information is
evaluated that the relevance and
necessity of such information can be
established.
Michael R. Jurkowski,
Director, Business Operations.
[FR Doc. 2024–24087 Filed 10–17–24; 8:45 am]
BILLING CODE P
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83789
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 15 and 74
[ET Docket No. 21–115; RM–11821; FCC 24–
22; FR ID 207656]
Wireless Microphones in the TV
Bands, 600 MHz Guard Band, 600 MHz
Duplex Gap, and the 941.5–944 MHz,
944–952 MHz, 952.850–956.250 MHz,
956.45–959.85 MHz, 1435–1525 MHz,
6875–6900 MHz and 7100–7125 MHz
Bands
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) revises the technical rules
for low-power auxiliary station (LPAS)
devices to permit a recently developed
type of wireless microphone system,
termed herein as a Wireless
Multichannel Audio System (WMAS),
to operate in the broadcast television
(TV) bands and other LPAS frequency
bands on a licensed basis. The
Commission adopts technical rules for
licensed WMAS operations in specific
frequency bands under our LPAS rules
and also permits WMAS to operate on
an unlicensed basis under the rules in
the TV bands and 600 MHz duplex gap.
The Commission updates its existing
LPAS and technical rules for wireless
microphones, which already rely on
certain European Telecommunications
Standards Institute (ETSI) standards, to
incorporate the latest version of that
standard where appropriate. Finally, the
Commission updates the wireless
microphone rules to reflect the end of
the post-Incentive Auction transition
period. The Commission’s goal in the
FCC document is to increase wireless
microphone spectral efficiency and
enable more intensive use in the
spectrum available for such operations.
DATES: This rule is effective November
18, 2024. The incorporation by reference
of certain material listed in this rule is
approved by the Director of the Federal
Register as of November 18, 2024.
FOR FURTHER INFORMATION CONTACT:
Hugh VanTuyl of the Office of
Engineering and Technology, at
Hugh.VanTuyl@fcc.gov or 202–418–
7506.
SUMMARY:
This is a
summary of the Commission’s Report
and Order, ET Docket No. 21–115 and
RM–11821; FCC 24–22, adopted and
released on February 15, 2024. The full
text of this document is available for
public inspection and can be
SUPPLEMENTARY INFORMATION:
E:\FR\FM\18OCR1.SGM
18OCR1
]]>Agencies
[Federal Register Volume 89, Number 202 (Friday, October 18, 2024)]
[Rules and Regulations]
[Pages 83788-83789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24087]
=======================================================================
-----------------------------------------------------------------------
COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED
41 CFR Chapter 51
Office of Inspector General Exemptions to the Privacy Act
AGENCY: Committee for Purchase From People Who Are Blind or Severely
Disabled, Office of Inspector General.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Committee for Purchase From People Who Are Blind or
Severely Disabled (Committee, U.S. AbilityOne Commission, Commission),
Office of Inspector General (OIG) is finalizing without change its
Privacy Act exemption regulations for the system of records OIG's
AbilityOne/OIG-001 Case Management System which were published as a
Notice of Proposed Rulemaking on June 22, 2023. This Final Rule makes
the OIG's AbilityOne/OIG-001 Case Management System, system of records
be exempt from certain sections of the Privacy Act of 1974 pursuant to
the general and specific exemptions listed in the act. The law
enforcement and investigatory nature of the system of records makes it
inappropriate to allow individual access to records under the Privacy
Act.
DATES: Effective November 17, 2024.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
Kamil Ali, Attorney-Advisor, U.S. AbilityOne Commission Office of
Inspector General, 355 E Street SW (OIG Suite 335), Washington, DC
20024. Phone: (202) 603-2248, Email: [email protected]. For
privacy questions, please contact: Ms. Kamil Ali, Attorney-Advisor,
U.S. AbilityOne Commission Office of Inspector General, 355 E Street SW
(OIG Suite 335), Washington, DC 20024. Phone: (202) 603-2248, Email:
[email protected].
SUPPLEMENTARY INFORMATION:
Background
The Privacy Act of 1974, 5 U.S.C. 401-24, governs how the Federal
Government collects, maintains, and uses personally identifiable
information in systems of record. The Privacy Act requires that Federal
agencies publish in the Federal Register a system of records notice
(SORN) that identifies purpose of data collection, the routine use of
its disclosures, and how individuals may get access to their own
records and contest it.
The Inspector General Act of 1978, 5 U.S.C. 401-24, allows the U.S.
AbilityOne Commission/OIG to maintain the system to fulfill its
mission. The U.S. AbilityOne Commission OIG is responsible for
conducting and supervising independent and objective audits,
inspections, and investigations of the programs and operations of the
Committee. OIG promotes economy, efficiency, and effectiveness within
the U.S. AbilityOne Commission/OIG and prevents and detects fraud,
waste, and abuse in its programs and operations. OIG's Office of
Investigations investigates allegations of criminal, civil, and
administrative misconduct involving U.S. AbilityOne Commission
employees, contractors, grantees, and Departmental programs and
activities. This includes investigating for violations of criminal laws
by entities regulated by U.S. AbilityOne Commission, regardless of
whether they receive Federal funds. These investigations can result in
criminal prosecutions, fines, civil monetary penalties, and
administrative sanctions.
The investigative and law enforcement nature of the system of
records makes it necessary for the system to be exempt from the notice
and access requirements. The Privacy Act contains general and specific
exemptions for law enforcement purposes that grant these exemptions.
The general exemption, 5 U.S.C. 552a(j)(2), allows exemptions for
system of records that are ``maintained by an agency or component
thereof which performs as its principal function any activity
pertaining to the enforcement of criminal laws, including police
efforts to prevent, control, or reduce crime or to apprehend criminals,
and the activities of prosecutors, courts, correctional, probation,
pardon, or parole authorities, and which consists of (A) information
compiled for the purpose of identifying individual criminal offenders
and alleged offenders and consisting only of identifying data and
notations of arrests, the nature and disposition of criminal charges,
sentencing, confinement, release, and parole and probation status; (B)
information compiled for the purpose of a criminal investigation,
including reports of informants and investigators, and associated with
an identifiable individual; or (C) reports identifiable to an
individual compiled at any stage of the process of enforcement of the
criminal laws from arrest or indictment through release from
supervision.'' Similarly the specific exemption in 5 U.S.C. 552a(k)(2)
allows exemptions for systems of records for ``investigatory material
compiled for law enforcement purposes, other than material within the
scope of subsection (j)(2) of this section: Provided, however, that if
any individual is denied any right, privilege, or benefit that he would
otherwise be entitled by Federal law, or for which he would otherwise
be eligible, as a result of the maintenance of such material, such
material shall be provided to such individual, except to the extent
that the disclosure of such material would reveal the identity of a
source who furnished information to the Government under an express
promise that the identity of the source would be held in confidence,
or, prior to the effective date of this section, under an implied
promise that the identity of the source would be held in confidence.''
The data collected by the AbilityOne/OIG-001 Case Management
[[Page 83789]]
System falls under these categories by its nature as investigatory
material, and for this reason, U.S. AbilityOne Commission is adding 41
CFR 51-9.6.
Summary of Comment and Response
The Commission received one comment on the proposed rule.
Comment: One comment argued that the OIG should not be able to use
the 5 U.S.C. 552a(j)(2) exemption because its function is not
sufficiently criminal and sought more clarification on the nature of
the system of records and how the exemptions apply.
Response: The IG Act outlines the authorities of the Inspector
General under 5 U.S.C. 404(a) and grants it the ability to conduct,
supervise, and coordinate investigations related to the program and to
manage identification and prosecution of fraud and abuse. 41 CFR 51-
9.601(c) explains the reasons the exemptions are justified to operate
an investigatory system of records. Details about the system of
records, such as what information it contains and how it is collected,
are under the AbilityOne/OIG-001 Case Management System SORN, 88 FR
40223.
List of Subjects in 41 CFR Part 51-9
Privacy.
For reasons stated in the preamble, the Committee amends 41 CFR
part 51-9 as follows:
PART 51-9--PRIVACY ACT RULES
0
1. The authority citation for part 51-9 continues to read as follows:
Authority: 5 U.S.C. 552a.
0
2. Revise subpart 51-9.6, consisting of Sec. 51-9.601, to read as
follows:
Subpart 51-9.6--Exemptions
Sec. 51-9.601 Office of Inspector General exemptions.
(a) Pursuant to section (j) of the Privacy Act of 1974, the
Committee has deemed it necessary to adopt the following exemptions to
specified provisions of the Privacy Act:
(1) Pursuant to 5 U.S.C. 552a(j)(2), the AbilityOne/OIG-001 Case
Management System, System of Records is exempt from the following
provisions of the Privacy Act: 5 U.S.C. 552a (c)(3)-(4); (d); (e)(1)-
(3); (e)(4)(G)-(I); (e)(5); (e)(8); and (f)-(g) and from 41 CFR 51-9.1,
51-9.2, 51-9.3, 51-9.4, and 51-9.7.
(2) [Reserved]
(b) Pursuant to section (k) of the Privacy Act of 1974, the
Committee has deemed it necessary to adopt the following exemptions to
specified provisions of the Privacy Act:
(1) Pursuant to 5 U.S.C. 552a(k)(2), AbilityOne/OIG-001 Case
Management System, System of Records is exempt from the following
provisions of the Privacy Act, subject to the limitations set forth in
those subsections: 5 U.S.C. 552a(c)(3), (d), (e)(4)(G)-(I), and (f) and
from 41 CFR 51-9.1, 51-9.2, 51-9.3, 51-9.4, and 51-9.7.
(2) [Reserved]
(c) Exemptions from the subsections are justified because
application of these provisions would present a serious impediment to
law enforcement. Access to the records contained in this system of
records could inform the subject of an investigation of an actual or
potential criminal, civil, or regulatory violation, of the existence of
that investigation; of the nature and scope of the information and
evidence obtained as to his activities; of the identity of confidential
sources, witnesses, and law enforcement personnel, and of information
that may enable the subject to avoid detection or apprehension. These
factors would present a serious impediment to effective law enforcement
where they prevent the successful completion of the investigation,
endanger the physical safety of confidential sources, witnesses, and
law enforcement personnel, and/or lead to the improper influencing of
witnesses, the destruction of evidence, or the fabrication of
testimony. In addition, granting access to such information could
disclose security-sensitive or confidential business information or
information that would constitute an unwarranted invasion of the
personal privacy of third parties. Finally, access to the records could
result in the release of properly classified information which would
compromise the national defense or disrupt foreign policy. Amendment of
the records would interfere with ongoing investigations and law
enforcement activities and impose an impossible administrative burden
by requiring investigations to be continuously reinvestigated. It is
not possible to detect relevance or necessity of specific information
in the early stages of a civil, criminal or other law enforcement
investigation, case, or matter, including investigations in which use
is made of properly classified information. Relevance and necessity are
questions of judgment and timing, and it is only after the information
is evaluated that the relevance and necessity of such information can
be established.
Michael R. Jurkowski,
Director, Business Operations.
[FR Doc. 2024-24087 Filed 10-17-24; 8:45 am]
BILLING CODE P
