9878 Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Proposed Rules 

PART 1—[CORRECTED] 

Par. 2. Section 1.6038D–6 is amended 

by revising paragraph (d)(3) to read as 

follows: 

§ 1.6038D–6 Specified domestic entities. 

* * * * * 

(d) * * * 

(3) * * * A trust described in section 

7701(a)(30)(E) to the extent such trust or 

any portion thereof is treated as owned 

by one or more specified persons under 

sections 671 through 678 and the 

regulations issued under those sections. 

* * * * * 

Guy R. Traynor, 

Federal Register Liaison, Legal Processing 

Division, Publications and Regulations Br., 

Procedure and Administration. 

[FR Doc. 2012–3933 Filed 2–17–12; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF JUSTICE 

28 CFR Part 16 

[CPCLO Order No. 003–2012] 

Privacy Act of 1974; Implementation 

AGENCY: Department of Justice. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: Elsewhere in the Federal 

Register, the Department of Justice (DOJ 

or Department) has published a notice 

of a new Department-wide Privacy Act 

system of records, Debt Collection 

Enforcement System, JUSTICE/DOJ– 

016. In this notice of proposed 

rulemaking, the DOJ proposes to exempt 

certain records in this system from 

certain provisions of the Privacy Act in 

order to avoid interference with the law 

enforcement functions and 

responsibilities of the DOJ. Public 

comment is invited. 

DATES: Comments must be received by 

March 22, 2012. 

ADDRESSES: Address all comments to 

the Department of Justice, ATTN: 

Privacy Analyst, Office of Privacy and 

Civil Liberties, National Place Building, 

1331 Pennsylvania Avenue NW., Suite 

1000, Washington, DC 20530, or 

facsimile (202) 307–0693. To ensure 

proper handling, please reference the 

CPCLO Order number in your 

correspondence. You may review an 

electronic version of the proposed rule 

at http://www.regulations.gov. You may 

also submit a comment via the Internet 

by emailing DOJPrivacyActProposed

Regulations@usdoj.gov or by using the 

comment form for this regulation at 

http://www.regulation.gov. Please 

include the CPCLO Order number in the 

subject box. 

Please note that the Department is 

requesting that electronic comments be 

submitted before midnight Eastern 

standard time on the day the comment 

period closes because http:// 

www.regulations.gov terminates the 

public’s ability to submit comments at 

that time. Commenters in time zones 

other than Eastern standard time may 

want to consider this so that their 

electronic comments are received. All 

comments sent via regular or express 

mail will be considered timely if 

postmarked on the day the comment 

period closes. 

Posting of Public Comments: Please 

note that all comments received are 

considered part of the public record and 

made available for public inspection 

online at http://www.regulations.gov 

and in the Department’s public docket. 

Such information includes personally 

identifying information (such as your 

name, address, etc.) voluntarily 

submitted by the commenter. 

If you want to submit personally 

identifying information (such as your 

name, address, etc.) as part of your 

comment but do not want it to be posted 

online or made available in the public 

docket, you must include the term 

‘‘PERSONALLY IDENTIFYING 

INFORMATION’’ in the first paragraph 

of your comment. You must also place 

all the personally identifying 

information you do not want posted 

online or made available in the public 

docket in the first paragraph of your 

comment and identify what information 

you want redacted. 

If you want to submit confidential 

business information as part of your 

comment but do not want it to be posted 

online or made available in the public 

docket, you must include the term 

‘‘CONFIDENTIAL BUSINESS 

INFORMATION’’ in the first paragraph 

of your comment. You must also 

prominently identify confidential 

business information to be redacted 

within the comment. If a comment has 

so much confidential business 

information that it cannot be effectively 

redacted, all or part of that comment 

may not be posted online or made 

available in the public docket. 

Personally identifying information 

and confidential business information 

identified and located as set forth above 

will be redacted and the comment, in 

redacted form, will be posted online and 

placed in the Department’s public 

docket file. Please note that the Freedom 

of Information Act applies to all 

comments received. If you wish to 

inspect the agency’s public docket file 

in person by appointment, please see 

the FOR FURTHER INFORMATION CONTACT

paragraph. 

FOR FURTHER INFORMATION CONTACT: 

Holley B. O’Brien, Director, Debt 

Collection Management Staff, Justice 

Management Division, Department of 

Justice, at (202) 514–5343. 

SUPPLEMENTARY INFORMATION: In the 

Notice section of today’s Federal 

Register, the DOJ published a new 

Department-wide Privacy Act system of 

records, Debt Collection Enforcement 

System, JUSTICE/DOJ–016, to reflect the 

consolidation of the Department’s debt 

collection enforcement systems, that 

were previously maintained in various 

individual DOJ components, into a 

single, centralized system. This system 

of records is maintained by the 

Department of Justice to cover records 

used by the Department’s components 

or offices, and/or contract private 

counsel retained by DOJ to perform 

legal, financial and administrative 

services associated with the collection 

of debts due the United States, 

including related negotiation, 

settlement, litigation, and enforcement 

efforts. 

In this rulemaking, the DOJ proposes 

to exempt certain records in this Privacy 

Act system of records from certain 

provisions of the Privacy Act because 

the system contains material compiled 

for law enforcement purposes. 

Regulatory Flexibility Act 

This proposed rule relates to 

individuals, as opposed to small 

business entities. Pursuant to the 

requirements of the Regulatory 

Flexibility Act, 5 U.S.C. 601–612, the 

proposed rule will not have a significant 

economic impact on a substantial 

number of small entities. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 

1995, 44 U.S.C. 3507(d), requires that 

the DOJ consider the impact of 

paperwork and other information 

collection burdens imposed on the 

public. There are no current or new 

information collection requirements 

associated with this proposed rule. The 

records that are contributed to the Debt 

Collection Enforcement system would 

be created in any event by law 

enforcement entities and their sharing of 

this information electronically will not 

increase the paperwork burden on the 

public. 

Unfunded Mandates 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), Public 

Law 104–4, 109 Stat. 48, requires 

Federal agencies to assess the effects of 

certain regulatory actions on State, 

local, and tribal governments, and the 

private sector. UMRA requires a written 


srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Proposed Rules 9879 

statement of economic and regulatory 

alternatives for proposed and final rules 

that contain Federal mandates. A 

‘‘Federal mandate’’ is a new or 

additional enforceable duty, imposed on 

any State, local, or tribal government, or 

the private sector. If any Federal 

mandate causes those entities to spend, 

in aggregate, $100 million or more in 

any one year the UMRA analysis is 

required. This proposed rule would not 

impose Federal mandates on any State, 

local, or tribal government or the private 

sector. 

List of Subjects in 28 CFR Part 16 

Administrative practices and 

procedures, Courts, Freedom of 

Information Act, Government in the 

Sunshine Act, and the Privacy Act. 

Pursuant to the authority vested in the 

Attorney General by 5 U.S.C. 552a and 

delegated to me by Attorney General 

Order 2940–2008, it is proposed to 

amend 28 CFR part 16 as follows: 

PART 16—[AMENDED] 

1. The authority citation for part 16 

continues to read as follows: 

Authority: 5 U.S.C. 301, 552, 552a, 

552b(g), 553; 18 U.S.C. 4203(a)(1); 28 U.S.C. 

509, 510, 534; 31 U.S.C. 3717, 9701. 

Subpart E—Exemption of Records 

Systems Under the Privacy Act 

2. Section 16.134 is added to read as 

follows: 

§ 16.134 Exemption of Debt Collection 

Enforcement System, Justice/DOJ–016. 

(a) The following system of records is 

exempt from 5 U.S.C. 552a(c)(3) and (4); 

(d)(1), (2), (3), and (4); (e)(1), (2), (3), 

(4)(G), (H) and (I), (5) and (8); (f) and (g) 

of the Privacy Act. In addition, the 

system is exempt pursuant to 5 U.S.C. 

552a(k)(2) from subsections (c)(3); (d)(1), 

(2), (3), and (4); (e)(1); (4)(G), (H), and 

(I); and (f). These exemptions apply only 

to the extent that information in this 

system is subject to exemption pursuant 

to 5 U.S.C. 552a (j)(2) or (k)(2). Where 

compliance would not appear to 

interfere with or adversely affect the law 

enforcement purposes of this system, or 

the overall law enforcement process, the 

applicable exemption may be waived by 

the DOJ in its sole discretion. 

(b) Exemptions from the particular 

subsections are justified for the 

following reasons: 

(1) From subsection (c)(3), the 

requirement that an accounting be made 

available to the named subject of a 

record, because certain records in this 

system are exempt from the access 

provisions of subsection (d). Also, 

because making available to a record 

subject the accounting of disclosures 

from records concerning him/her would 

specifically reveal any investigative 

interest in the individual. Revealing this 

information may thus compromise 

ongoing law enforcement efforts. 

Revealing this information may also 

permit the record subject to take 

measures to impede the investigation, 

such as destroying evidence, 

intimidating potential witnesses or 

fleeing the area to avoid the 

investigation. 

(2) From subsection (c)(4) notification 

requirements because certain records in 

this system are exempt from the access 

and amendment provisions of 

subsection (d) as well as the access to 

accounting of disclosures provision of 

subsection (c)(3). 

(3) From subsections (d)(1), (2), (3), 

and (4) because access to the records 

contained in this system might 

compromise ongoing investigations, 

reveal confidential informants, or 

constitute unwarranted invasions of the 

personal privacy of third parties who 

are involved in a certain investigation. 

Amendment of the records would 

interfere with ongoing debt collection 

investigations or other law enforcement 

proceedings and impose an impossible 

administrative burden by requiring 

investigations to be continuously 

reinvestigated. 

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

is not always possible to know in 

advance what information is relevant 

and necessary for law enforcement 

purposes. 

(5) From subsection (e)(2) to avoid 

impeding law enforcement efforts 

associated with debt collection by 

putting the subject of an investigation 

on notice of that fact, thereby permitting 

the subject to engage in conduct 

intended to frustrate or impede that 

investigation. 

(6) From subsection (e)(3) to avoid 

impeding law enforcement efforts in 

conjunction with debt collection by 

putting the subject of an investigation 

on notice of that fact, thereby permitting 

the subject to engage in conduct 

intended to frustrate or impede that 

investigation. 

(7) From subsection (e)(4)(G), (H) and 

(I) because portions of this system are 

exempt from the access provisions of 

subsection (d) pursuant to subsections 

(j) and (k) of the Privacy Act. 

(8) From subsection (e)(5) because 

many of the records in this system are 

records contributed by other agencies 

and the restrictions imposed by (e)(5) 

would limit the utility of the system. 

(9) From subsection (e)(8), because to 

require individual notice of disclosure 

of information due to compulsory legal 

process would pose an impossible 

administrative burden on the DOJ and 

may alert the subjects of law 

enforcement investigations, who might 

be otherwise unaware, to the fact of 

those investigations. 

(10) From subsections (f) and (g) to 

the extent that the system is exempt 

from other specific subsections of the 

Privacy Act. 

Dated: January 31, 2012. 

Nancy C. Libin, 

Chief Privacy and Civil Liberties Officer, 

United States Department of Justice. 

[FR Doc. 2012–3914 Filed 2–17–12; 8:45 am] 

BILLING CODE 4410–CN–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2012–0032] 

RIN 1625–AA00 

Safety Zone; Lake Pontchartrain, New 

Orleans, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a temporary safety zone in the 

vicinity of the South shores of Lake 

Pontchartrain adjacent to the East bank 

of the Lakefront Airport runways in 

New Orleans, Louisiana. This temporary 

safety zone is necessary to protect 

persons and vessels from the potential 

safety hazards associated with highspeed aerobatic displays by the 

participants of the 1812 Blue Angels Air 

Show, during the War of 1812 

Commemoration. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before March 22, 2012. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2010–0012 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 


srobinson on DSK4SPTVN1PROD with PROPOSALS