[Federal Register Volume 71, Number 2 (Wednesday, January 4, 2006)]
[Notices]
[Pages 342-345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-46]
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ENVIRONMENTAL PROTECTION AGENCY
[OEI-2002-0009; FRL-8017-6]
RIN 2025-AA13
Privacy Act of 1974: Republication of Exempted System of Records
AGENCY: Environmental Protection Agency.
ACTION: Final notice of Privacy Act system of records.
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SUMMARY: The Environmental Protection Agency (EPA) is publishing two
exempt Privacy Act system of records. There has been an appendix added
to the Criminal Investigative Index and Files notice.
DATES: The revisions will be effective upon publication.
ADDRESSES: Judy E. Hutt, Agency Privacy Act Officer, 1200 Pennsylvania
Ave., (2522 T), Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Judy E. Hutt, Agency Privacy Act
Officer, 1200 Pennsylvania Ave., (2522 T), Washington, DC 20460,
telephone (202) 566-1668.
SUPPLEMENTARY INFORMATION: These notices are being published after the
publishing of Agency rules.
Dated: December 21, 2005.
Kimberly T. Nelson,
Assistant Administrator and Chief Information Officer.
EPA-17
System Name:
OCEFT Criminal Investigative Index and Files.
System Location:
Criminal Investigation Division, Office of Criminal Enforcement,
Forensics and Training, Environmental Protection Agency, 1200
Pennsylvania Avenue NW., Washington, DC 20004. Records are also
maintained in field offices of the OCEFT Criminal Investigation
Division. See the appendix for addresses of field offices.
Categories of Individuals Covered by the System:
Subjects of investigations about whom data has been collected by
criminal investigators of the Office of Criminal Enforcement, Forensics
and Training, Criminal Investigation Division, and assembled in the
form of investigative reports concerning violations of federal
environmental statutes and regulations; persons who provide information
and evidence that are used to substantiate environmental criminal
violations are also covered by this system of records; OCEFT criminal
investigators who participate in investigations.
Categories of Records in the System:
1. Investigative Index. The computer-enhanced investigative index
systems contain selected information from the criminal investigative
files. Such information includes, but is not limited to, personal data
(e.g., name, address, telephone number); prior/secondary residences;
vehicle information; associated persons (name and role); driver's
licenses/aliases; associated companies (name and role); identifying
numbers (number type, number and brief description); corporate data
(company name, address, telephone number); corporate vehicle
information; corporate identifying numbers; case information (e.g. case
opened, date referred to EPA); criminal investigator comments; name and
office of criminal investigator; dissemination information (e.g., which
other agency requested the information); and other related
investigative information.
2. Investigative Files. The investigative files contain all
information relating to an investigative matter. In addition to the
information contained in the computerized index system, the
investigative files contain, but are not limited to, correspondence
(case coordination reports, memos of conversation, and other records of
communication relating to the investigation); interviews (witness
interview statements generated by either an OCEFT/CID special agent or
another agency or person); regulatory history (permits and reports
generated as a result of normal program activity); technical support
(program reports generated as a result of the investigation);
investigative notes; electronic monitoring (reports requesting
permission and use, transcripts of tapes); records checks (personal
history, police information, fingerprint cards, photographs); property
reports; property obtained and retained by OCEFT/CID including
documents, personal property and physical evidence; manifests and other
related investigative information.
3. Criminal Docket. The Criminal Docket is the computerized
management information system for the Criminal Investigation Division,
which reflects the activity and productivity of individual agents and
each OCEFT/CID office. It is also the primary source for assembling
statistical data for OCEFT/CID. There is no information contained in
the Criminal Docket that is not also contained in the Criminal
Investigative Index and Files. The Criminal Docket contains the OCEFT/
CID case number, the case name, the most recent investigative or
prosecutorial activity, the involved environmental media and
environmental statutes, government employees involved in the
investigation, case status and case closure codes. The case name may be
either a company name or the name of a person that denotes the subject
of the investigation.
Authority for Maintenance of the System (Includes any Revisions or
Amendments):
18 U.S.C. 3063; Comprehensive Environmental Response, Compensation
and Liability Act, 42 U.S.C. 9603; Resource Conservation and Recovery
Act, 42 U.S.C. 6928; Federal Water Pollution Control Act, 33 U.S.C.
1319, 1321; Toxic Substances Control Act, 15 U.S.C. 2614, 2615; Clean
Air Act, 42 U.S.C. 7413; Federal Insecticide, Fungicide and Rodenticide
Act, 7 U.S.C. 136j, 136l; Safe Drinking Water Act, 42 U.S.C. 300h-2,
300i-1; Noise Control Act of 1972, 42 U.S.C. 4912; Emergency Planning
and Community Right-To-Know Act of 1986, 42 U.S.C. 11045; and the
Marine Protection, Research, and Sanctuaries Act of 1972, 33 U.S.C.
1415.
Purpose(s):
To support and further the investigation of persons or
organizations alleged to have criminally violated any environmental
statute or regulation. Criminal violations of other federal statutes
may have occurred in conjunction with such environmental violations
and, therefore, may also be within the scope of an OCEFT/CID
investigation and may be included in the record system.
Routine Uses of Records Maintained in the System, Including Categories
of Users, and the Purposes of Such Uses:
General Routine Uses A, C, D, E, F, G, H, and K apply to this
system. Records may also be disclosed:
1. To a potential source of information to the extent necessary to
elicit information or to obtain cooperation of that source in
furtherance of an EPA criminal investigation.
[[Page 343]]
2. To the Department of Justice for consultation about what
information and records are required to be publicly released under
federal law.
3. To a federal agency in response to a valid subpoena.
4. To Federal and state government agencies responsible for
administering suspension and debarment programs.
5. To international law enforcement organizations if the
information is relevant to a violation or potential violation of civil
or criminal law or regulation within the jurisdiction of the
organization or a law enforcement agency that is a member of the
organization.
6. To the news media and public unless it is determined that the
release of the specific information in the context of a particular case
would constitute an unwarranted invasion of privacy.
7. To any person if the EPA determines that compelling
circumstances affecting human health, the environment, or property
warrant the disclosure.
8. In connection with criminal prosecution or plea negotiations to
the extent that disclosure of the information is relevant and necessary
to the prosecution or negotiation and except where court orders are
otherwise required under section (b)(11) of the Privacy Act of 1974, 5
U.S.C. 552a(b)(11).
Policies and Practices For Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
Hard copy files and computer databases.
Retrievability:
Files are assigned a case file number and records are maintained in
numerical order. Information on individuals may be retrieved through
the computer index which can use, among other things, case titles, the
names of individuals, organization names, driver's license numbers,
vehicle or tag or vehicle identification numbers and other identifying
numbers.
Safeguards:
Computer records are maintained in a secure, password protected
computer system. Paper records are maintained in lockable file
cabinets. All records are maintained in secure, access-controlled areas
or buildings. The index system also maintains a user log that
identifies and records persons who access and use the system.
Retention and Disposal: The manner of Retention and Disposal of the
computer index and files depends on how the information is used. The
files and computerized data fall into one of three categories:
1. For cases investigated but not referred to the Department of
Justice (DOJ) for criminal prosecution, files are retained in the
applicable OCEFT/CID office for two years after the investigation is
closed and then forwarded to the Federal Records Center (FRC) nearest
the System Location for an additional three years. The FRC will
normally destroy the files after three years.
2. For cases referred to DOJ but DOJ declines to prosecute, files
are retained by the applicable OCEFT/CID office for five years after
DOJ declines to prosecute and then retired to the FRC, where they are
normally destroyed after five years.
3. For cases that become the subject of judicial action, files are
retained by the applicable OCEFT/CID office for five years after
completion of the judicial action and then forwarded to the FRC for an
additional ten years of retention. The FRC normally destroys the case
files after ten years.
System Manager(s) and Address:
Director, Criminal Investigations Division, Office of Criminal
Enforcement, Forensics and Training, Environmental Protection Agency,
FOIA Office (MC-2822 T) Ariel Rios Building, 1200 Pennsylvania Avenue,
NW., Washington, DC 20004.
Notification Procedures:
Any individual who wants to know whether this system of records
contains a record about him or her, who wants access to his or her
record, or who wants to contest the contents of a record, should make a
written request to the Freedom of Information Office. Requesters will
be required to provide adequate identification, such as a driver's
license, employee identification card, or other identifying document.
Additional identification procedures may be required in some instances.
Access Procedure:
To the extent permitted under the Privacy Act of 1974, 5 U.S.C.
552a(j)(2) or (k)(2), this system has been exempted from the provisions
of the Privacy Act of 1974 that permit access and correction.
Exemptions from access may be complete or partial, depending on the
particular exemption applicable. However, EPA may, in its discretion,
grant individual requests for access and correction if it determines
that the exercise of these rights will not interfere with an interest
that the exemption is intended to protect.
Contesting Procedure:
Requests for correction or amendment must identify the record to be
changed and the corrective action sought. Complete EPA Privacy Act
procedures are set out in 40 CFR part 16.
Record Source Categories:
EPA employees and officials; employees of Federal contractors;
employees of other Federal agencies and of State, local, tribal, and
foreign agencies; witnesses; informants; public source materials, and
other persons who may have information relevant to OCEFT/CID
investigations.
Systems Exempted From Certain Provisions of the Act:
Pursuant to 5 U.S.C. 552a(j)(2) this system is exempt from the
following provisions of the Privacy Act: 5 U.S.C. 552a(c)(3) and (4);
(d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5) and (e)(8);
(f)(2) through (5); and (g). Pursuant to 5 U.S.C. 552a(k)(2), this
system is exempt from the following provisions of the Privacy Act,
subject to the limitations set forth in that subsection: 5 U.S.C.
552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), and (f)(2) through (5).
Appendix to Criminal Investigative Index and Files
Criminal Investigation Division offices where system records are
located:
Boston Area Office, EPA/Criminal Investigation Division, 1 Congress
Street, Boston, Massachusetts 02203
New York Area Office, EPA/Criminal Investigation Division, 26
Federal Plaza, 2nd Floor, Room 130, New York, New York 10278
Buffalo Resident Office, EPA/Criminal Investigation Division, 138
Delaware Avenue, Buffalo, New York 14202, Syracuse Domicile Office,
EPA/Criminal Investigation Division, P.O. Box 7086, Syracuse, New
York 13261-7086
Philadelphia Area Office, EPA/Criminal Investigation Division, 841
Chestnut Street, Philadelphia, Pennsylvania 19107
Baltimore Resident Office, EPA/Criminal Investigation Division, 7142
Ambassador Road, Baltimore, Maryland 21244
Pittsburgh/Wheeling RAC Office, EPA/Criminal Investigation Division,
c/o U.S. EPA, 303 Methodist Building, 11th & Chaplin Streets,
Wheeling, West Virginia 26003
Atlanta Area Office, EPA/Criminal Investigation Division Room 510,
345 Courtland Street, NE., Atlanta, Georgia 30365
Tampa Resident Office, EPA/Criminal Investigation Division, P.O. Box
172057, Tampa, Florida 33672
Miami Resident Office, EPA/Criminal Investigation Division, Federal
Justice Building, 99 N.E. 4th St., 6th Floor, Miami, Florida 33132
[[Page 344]]
Nashville Domicile Office, EPA/Criminal Investigation Division, c/o
Attorney General & Reporter, 450 James Robertson Parkway, Nashville,
Tennessee 37243-0494
Chicago Area Office, EPA/Criminal Investigation Division, 77 West
Jackson, Chicago, Illinois 60604
Dallas Area Office, EPA/Criminal Investigation Division, First
Interstate Bank Building, 1445 Ross Avenue, Dallas, Texas 75202-2733
Houston Resident Office, EPA/Criminal Investigation Division, 440
Louisiana, Suite 1150, Houston, Texas 77002-1635
New Orleans Domicile Office, EPA/Criminal Investigation Division, c/
o U.S. Attorney, Hale Boggs Federal Building, 501 Magazine Street,
Room 210, New Orleans, Louisiana 70130
Kansas City Area Office, EPA/Criminal Investigation Division, 726
Minnesota Avenue, Kansas City, Kansas 66101
St. Louis Resident Office, EPA/Criminal Investigation Division, 1222
Spruce Street, Room 10.302, St. Louis, Missouri 63103
Denver Area Office, EPA/Criminal Investigation Division, Suite 500,
999 18th Street, Denver, Colorado 80202-2413
San Francisco Area Office, EPA/Criminal Investigation Division, 75
Hawthorne St., C-1, San Francisco, California 94105-3901
Los Angeles Resident Office, EPA/Criminal Investigation Division,
600 S. Lake Avenue, Suite 502, Pasadena, California 91106
Phoenix Domicile Office, EPA/Criminal Investigation Division, c/o
Office of the U.S. Attorney, 4000 U.S. Courthouse, 230 North First
Avenue, Phoenix, Arizona 85025-0085
Seattle Area Office, EPA/Criminal Investigation Division, 1200 Sixth
Avenue, Seattle, Washington 98101
Portland Resident Office, EPA/Criminal Investigation Division, Att:
Resident Agent in Charge, 811 Southwest Sixth Ave., Third Floor,
Portland, Oregon 97204
EPA-21
System Name:
External Compliance Program Discrimination Complaint Files.
System Location:
Office of Civil Rights, Environmental Protection Agency, Ariel Rios
Building, 1200 Pennsylvania Avenue NW., Washington, DC 20460.
Categories of Individuals Covered by the System:
Individuals who have filed, or had filed on their behalf,
discrimination complaints against recipients of Federal financial
assistance.
Categories of Records in the System:
Letters or other documents initiating discrimination complaints,
correspondence, internal memoranda and notes pertaining to the
complaints; investigative reports and findings on the complaints; and
related information concerning the complaints and investigations. A
computerized case index includes cases by number, complainant (but not
all complainants are identified because there are sometimes multiple
complainants in a single case), and recipient.
Authority for Maintenance of the System (Includes any Revisions or
Amendments):
Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq.;
Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq.;
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794; Federal
Water Pollution Control Act Amendments of 1972 (Pub. L. 92-500, section
13), 33 U.S.C. 1251 note; Title III of the Age Discrimination Act of
1975, 42 U.S.C. 6101 et seq.); Title VIII of the Federal Fair Housing
Act (42 U.S.C. 3601); Executive Orders 11246 (Sept. 24, 1965), 12250
(Nov. 2, 1980) and 12892 (Jan. 17, 1994); 40 CFR part 7.
Purpose(s):
This file system is maintained to support and further the
discrimination complaint process, including the investigation and
resolution of complaints, and to assure compliance with the
nondiscrimination laws by recipients of Federal financial assistance.
Routine Uses of Records Maintained in the System, Including Categories
of Users, and the Purposes of Such Uses:
General Routine Uses A, C, D, E, F, G, H, I, and K apply to this
system. Records may also be disclosed:
1. To the Department of Justice or other Federal and State agencies
when necessary to complete an investigation, enforce the
nondiscrimination statutes set forth in the Authority section of this
Notice, or assure proper coordination between Federal agencies.
2. To persons named as alleged discriminating officials to allow
such persons the opportunity to respond to the allegations of
discrimination made against them during the course of the
discrimination complaint process.
3. To any potential source of information when necessary to obtain
information relevant to an OCR investigation of a discrimination
complaint, but only to the extent necessary to inform the source of the
Purpose(s) of the request and to identify the type of information
requested. Policies and Practices For Storing, Retrieving, Accessing,
Retaining, and Disposing of Records in the System:
Storage:
File folders. An index of cases is maintained on a computer
database.
Retrievability:
By name, case file number, or other characteristic.
Safeguards:
Computer records are maintained in a secure, password protected
computer system. Paper records are maintained in lockable file
cabinets. All records are maintained in secure, access-controlled areas
or buildings.
Retention and Disposal:
The record schedule for these records is currently under review and
will be submitted to the National Archives and Records Administration.
Proposed retention: Files are retained in the office for one year after
the final decision is written, sent to the Federal Records Center for
nine years, then destroyed.
System Manager(s) and Address:
Associate Director, Complaints Resolution and External Compliance
Staff, Office of Civil Rights, Environmental Protection Agency, FOIA
Office (MC-2822 T) Ariel Rios Building, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460.
Notification Procedures:
Any individual who wants to know whether this system of records
contains a record about him or her, who wants access to his or her
record, or who wants to contest the contents of a record, should make a
written request to the Freedom of Information Office.
Access Procedure:
To the extent permitted under the Privacy Act of 1974, 5 U.S.C.
552a(k)(2), this system has been exempted from the provisions of the
Privacy Act of 1974 that permit access and correction. However, EPA
may, in its discretion, fully grant individual requests for access and
correction if it determines that the exercise of these rights will not
interfere with an interest that the exemption is intended to protect.
The exemption from access is limited in some instances by law to
information that would reveal the identity of a confidential source.
Requesters will be required to provide adequate identification, such as
a driver's license, employee identification card, or other identifying
document. Additional identification procedures may be required in some
instances.
Contesting Procedure:
Requests for correction or amendment must identify the record to be
changed and the corrective action sought. Complete EPA Privacy Act
procedures are set out in 40 CFR Part 16.
[[Page 345]]
Record Source Categories:
Complainants, recipients, witnesses, EPA investigators and/or
contract investigators, other EPA personnel, and other persons with
information relevant to the case.
Systems Exempted From Certain Provisions of the Act:
Pursuant to 5 U.S.C. 552a(k)(2), this system is exempt from the
following provisions of the Privacy Act of 1974, subject to the
limitations set forth in that subsection: 5 U.S.C. 552a(c)(3), (d), and
(e)(1).
[FR Doc. 06-46 Filed 1-3-06; 8:45 am]
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