32554 Federal Register / Vol. 78, No. 105 / Friday, May 31, 2013 / Rules and Regulations 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it establishes 

controlled airspace at St. Andrews 

Hospital Heliport, Boothbay, ME. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1E, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 311a. This airspace action is 

not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71 —DESIGNATION OF CLASS 

A, B, C, D AND E AIRSPACE AREAS; 

AIR TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for Part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g); 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9W, 

Airspace Designations and Reporting 

Points, dated August 8, 2012, effective 

September 15, 2012, is amended as 

follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 feet or More 

Above the Surface of the Earth. 

* * * * * 

ANE ME E5 Boothbay, ME [New] 

St. Andrews Hospital Heliport, ME 

(Lat. 43°51′02′′ N., long. 69°38′16′′ W.) 

Point in Space Coordinates 

(Lat. 43°50′40′′ N., long. 69°37′32′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6-mile radius 

of the Point in Space Coordinates (lat. 

43°50′40′′ N., long. 69°37′32′′ W.) serving St. 

Andrews Hospital Heliport. 

Issued in College Park, Georgia, on May 21, 

2013. 

Jackson Allen, 

Acting Manager, Operations Support Group, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2013–12769 Filed 5–30–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 320 

[Docket ID: DoD–2013–OS–0122] 

Privacy Act; Implementation 

AGENCY: National GeospatialIntelligence Agency (NGA), DoD. 

ACTION: Direct final rule. 

SUMMARY: National GeospatialIntelligence Agency (NGA) is proposing 

to update the NGA Privacy Act Program 

by adding the (j)(2) and (k)(2) 

exemptions to accurately describe the 

basis for exempting the records in the 

system of records notice NGA–004, 

NGA Threat Mitigation Records. In 

addition, exempt materials from 

JUSTICE/FBI–019 Terrorist Screening 

Records System may become part of the 

case records in this system of records. 

To the extent that copies of exempt 

records from JUSTICE/FBI–019, 

Terrorist Screening Records System are 

entered into these Threat Mitigation 

case records, NGA hereby claims the 

same exemptions for the records as 

claimed in JUSTICE/FBI–019, Terrorist 

Screening Records system of records of 

which they are a part. 

DATES: This direct final rule is effective 

on July 30, 2013. Comments due on or 

before July 1, 2013. If adverse comments 

are received, DOD will publish a timely 

withdrawal of the rule in the Federal 

Register. 

ADDRESSES: You may submit comments, 

identified by docket number and title, 

by any of the following methods: 

* Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

* Mail: Federal Docket Management 

System Office, 4800 Mark Center Drive; 

East Tower, 2nd Floor, Suite 02G09, 

Alexandria, VA 22350–3100. 

Instructions: All submissions received 

must include the agency name and 

docket number for this Federal Register 

document. The general policy for 

comments and other submissions from 

members of the public is to make these 

submissions available for public 

viewing on the Internet at http:// 

www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: 

National Geospatial-Intelligence Agency 

(NGA), ATTN: Security Specialist, 

Mission Support, MSRS P–12, 7500 

GEOINT Drive, Springfield, VA 22150. 

SUPPLEMENTARY INFORMATION: 

Direct Final Rule and Significant 

Adverse Comments 

DoD has determined this rulemaking 

meets the criteria for a direct final rule 

because it involves changes dealing 

with DoD’s management of its Privacy 

Programs. DoD expects no opposition to 

the changes and no significant adverse 

comments. However, if DoD receives a 

significant adverse comment, the 

Department will withdraw this direct 

final rule by publishing a notice in the 

Federal Register. A significant adverse 

comment is one that explains: (1) Why 

the direct final rule is inappropriate, 

including challenges to the rule’s 

underlying premise or approach; or (2) 

why the direct final rule will be 

ineffective or unacceptable without a 

change. In determining whether a 

comment necessitates withdrawal of 

this direct final rule, DoD will consider 

whether it warrants a substantive 

response in a notice and comment 

process. 

Background 

This direct final rule makes changes 

to the National Geospatial-Intelligence 

Agency (NGA) Program rules. These 

changes will allow the Department to 

add exemption rules to the NGA Privacy 

Program rules that will exempt 

applicable Department records and/or 

material from certain portions of the 

Privacy Act. This will improve the 

efficiency and effectiveness of DoD’s 

program by ensuring the integrity of the 

security and counterintelligence records 

by the National Geospatial-Intelligence 

Agency and the Department of Defense. 

This rule is being published as a 

direct final rule as the Department of 

Defense does not expect to receive any 

adverse comments, and so a proposed 

rule is unnecessary. 

In 2008, the United States Congress 

passed legislation that obligated the 

Secretary of Defense to develop access 


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Federal Register / Vol. 78, No. 105 / Friday, May 31, 2013 / Rules and Regulations 32555 

standards for individuals entering 

military installations. The Department 

of Defense (DoD) developed a visitor 

database to manage multiple criminal 

and security sensitive databases that are 

capable of identifying individuals 

seeking access to DoD installations who 

are believed to be criminal and security 

threats. The purpose of the vetting 

database is to screen individuals 

wishing to enter a DoD facility, to 

include those who have been previously 

given authority to access DoD 

installations, against the the Terrorist 

Screening Records. These records have 

properly documented exemption rules 

and to the extent that copies of exempt 

records are a part of the NGA Threat 

Mitigation Records, NGA hereby claims 

the same exemptions for the records as 

claimed in JUSTICE/FBI–019, Terrorist 

Screening Records of which they are a 

part. 

Regulatory Procedures 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

It has been determined that this rule 

is not a significant rule. This rule does 

not (1) have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy; a sector of the economy; 

productivity; competition; jobs; the 

environment; public health or safety; or 

State, local, or tribal governments or 

communities; (2) Create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another Agency; (3) Materially alter the 

budgetary impact of entitlements, 

grants, user fees, or loan programs, or 

the rights and obligations of recipients 

thereof; or (4) Raise novel legal or policy 

issues arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in these Executive orders. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. Chapter 6) 

This rule will 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. A 

Regulatory Flexibility Analysis is not 

required. 

Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

This direct final rule does not contain 

any information collection requirements 

subject to the Paperwork Reduction Act 

of 1995 (44 U.S.C. 3501 et seq.). 

Section 202, Public Law 104–4, 

‘‘Unfunded Mandates Reform Act’’ 

These amendments do not involve a 

Federal mandate that may result in the 

expenditure by State, local and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

and will not significantly or uniquely 

affect small governments. 

Executive Order 13132, ‘‘Federalism’’ 

Executive Order 13132 requires 

regulations be reviewed for Federalism 

effects on the institutional interest of 

states and local governments, and if the 

effects are sufficiently substantial, 

preparation of the Federal assessment is 

required to assist senior policy makers. 

The amendments will not have any 

substantial direct effects on state and 

local governments within the meaning 

of the EO. Therefore, no Federalism 

assessment is required. 

List of Subjects in 32 CFR Part 320 

Privacy. 

Accordingly, 32 CFR part 320 is 

amended as follows: 

PART 320—NATIONAL GEOSPATIAL— 

INTELLIGENCE AGENCY (NGA) 

■ 1. The authority citation for 32 CFR 

part 320 continues to read as follows: 

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

U.S.C. 552a). 

■ 2. In § 320.12, add paragraph (c) to 

read as follows: 

§ 320.12 Exemptions. 

* * * * * 

(c) System identifier and name: NGA– 

004, NGA Threat Mitigation Records. 

(1) Exemptions: Exempt materials 

from JUSTICE/FBI–019 Terrorist 

Screening Records System may become 

part of the case records in this system 

of records. To the extent that copies of 

exempt records from JUSTICE/FBI–019, 

Terrorist Screening Records System are 

entered into these Threat Mitigation 

case records, NGA hereby claims the 

same exemptions (j)(2) and (k)(2), for the 

records as claimed in JUSTICE/FBI–019, 

Terrorist Screening Records system of 

records of which they are a part. 

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

(k)(2). 

(3) Reasons: (i)Pursuant to 5 U.S.C. 

552a(j)(2) and (k)(2), NGA is claiming 

the following exemptions for certain 

records within the Threat Mitigation 

Records system: 5 U.S.C. 552a(c)(3) and 

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

(4)(G) through (I), (5), and (8); (f), and 

(g). 

(ii) In addition to records under the 

control of NGA, the Threat Mitigation 

system of records may include records 

originating from systems of records of 

other law enforcement and intelligence 

agencies which may be exempt from 

certain provisions of the Privacy Act. 

However, NGA does not assert 

exemption to any provisions of the 

Privacy Act with respect to information 

submitted by or on behalf of 

individuals. 

(iii) To the extent the Threat 

Mitigation system contains records 

originating from other systems of 

records, NGA will rely on the 

exemptions claimed for those records in 

the originating system of records. 

Exemptions for certain records within 

the Threat Mitigation system from 

particular subsections of the Privacy Act 

are justified for the following reasons: 

(A) From subsection (c)(3) 

(Accounting for Disclosures) because 

giving a record subject access to the 

accounting of disclosures from records 

concerning him or her could reveal 

investigative interest on the part of the 

recipient agency that obtained the 

record pursuant to a routine use. 

Disclosure of the accounting could 

therefore present a serious impediment 

to law enforcement efforts on the part of 

the recipient agency because the 

individual who is the subject of the 

record would learn of third agency 

investigative interests and could take 

steps to evade detection or 

apprehension. Disclosure of the 

accounting also could reveal the details 

of watch list matching measures under 

the Threat Mitigation system, as well as 

capabilities and vulnerabilities of the 

watch list matching process, the release 

of which could permit an individual to 

evade future detection and thereby 

impede efforts to ensure security. 

(B) From subsection (c)(4) because 

portions of this system are exempt from 

the access and amendment provisions of 

subsection (d). 

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

and (4) because these provisions 

concern individual access to and 

amendment of certain records contained 

in this system, including law 

enforcement counterterrorism, 

investigatory and intelligence records. 

Compliance with these provisions could 

alert the subject of an investigation of 

the fact and nature of the investigation, 

and/or the investigative interest of 

intelligence or law enforcement 

agencies; compromise sensitive 

information related to national security; 

interfere with the overall law 

enforcement process by leading to the 

destruction of evidence, improper 

influencing of witnesses, fabrication of 

testimony, and/or flight of the subject; 

identify a confidential source or 


tkelley on DSK3SPTVN1PROD with RULES
32556 Federal Register / Vol. 78, No. 105 / Friday, May 31, 2013 / Rules and Regulations 

disclose information which would 

constitute an unwarranted invasion of 

another’s personal privacy; reveal a 

sensitive investigative or intelligence 

technique; or constitute a potential 

danger to the health or safety of law 

enforcement personnel, confidential 

informants, and witnesses. Amendment 

of these records would interfere with 

ongoing counterterrorism, law 

enforcement, or intelligence 

investigations and analysis activities 

and impose an impossible 

administrative burden by requiring 

investigations, analyses, and reports to 

be continuously reinvestigated and 

revised. 

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

is not always possible for NGA or other 

agencies to know in advance what 

information is both relevant and 

necessary for it to complete an identity 

comparison between individuals and a 

known or suspected terrorist. In 

addition, because NGA and other 

agencies may not always know what 

information about an encounter with a 

known or suspected terrorist will be 

relevant to law enforcement for the 

purpose of conducting an operational 

response. 

(E) From subsection (e)(2) because 

application of this provision could 

present a serious impediment to 

counterterrorism, law enforcement, or 

intelligence efforts in that it would put 

the subject of an investigation, study or 

analysis on notice of that fact, thereby 

permitting the subject to engage in 

conduct designed to frustrate or impede 

that activity. The nature of 

counterterrorism, law enforcement, or 

intelligence investigations is such that 

vital information about an individual 

frequently can be obtained only from 

other persons who are familiar with 

such individual and his/her activities. 

In such investigations, it is not feasible 

to rely upon information furnished by 

the individual concerning his own 

activities. 

(F) From subsection (e)(3), to the 

extent that this subsection is interpreted 

to require NGA to provide notice to an 

individual if NGA or another agency 

receives or collects information about 

that individual during an investigation 

or from a third party. Should the 

subsection be so interpreted, exemption 

from this provision is necessary to avoid 

impeding counterterrorism, law 

enforcement, or intelligence efforts by 

putting the subject of an investigation, 

study or analysis on notice of that fact, 

thereby permitting the subject to engage 

in conduct intended to frustrate or 

impede that activity. 

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

(Agency Requirements) and (f) (Agency 

Rules), because this system is exempt 

from the access provisions of 5 U.S.C. 

552a(d). 

(H) From subsection (e)(5) because 

many of the records in this system 

coming from other system of records are 

derived from other agency record 

systems and therefore it is not possible 

for NGA to ensure their compliance 

with this provision, however, NGA has 

implemented internal quality assurance 

procedures to ensure that data used in 

the matching process is as thorough, 

accurate, and current as possible. In 

addition, in the collection of 

information for law enforcement, 

counterterrorism, and intelligence 

purposes, it is impossible to determine 

in advance what information is 

accurate, relevant, timely, and complete. 

With the passage of time, seemingly 

irrelevant or untimely information may 

acquire new significance as further 

investigation brings new details to light. 

The restrictions imposed by (e)(5) 

would limit the ability of those 

agencies’ trained investigators and 

intelligence analysts to exercise their 

judgment in conducting investigations 

and impede the development of 

intelligence necessary for effective law 

enforcement and counterterrorism 

efforts. However, NGA has implemented 

internal quality assurance procedures to 

ensure that the data used in the 

matching process is as thorough, 

accurate, and current as possible. 

(I) 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 NGA and 

other agencies and could alert the 

subjects of counterterrorism, law 

enforcement, or intelligence 

investigations to the fact of those 

investigations when not previously 

known. 

(J) From subsection (f) (Agency Rules) 

because portions of this system are 

exempt from the access and amendment 

provisions of subsection (d). 

(K) From subsection (g) to the extent 

that the system is exempt from other 

specific subsections of the Privacy Act. 

Dated: May 23, 2013. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2013–12741 Filed 5–30–13; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 164 

Navigation Underway; Tankers 

CFR Correction 

In Title 33 of the Code of Federal 

Regulations, Parts 125 to 199, revised as 

of July 1, 2012, on page 598, after the 

source note for § 164.13, the effective 

date note is reinstated to read as 

follows: ‘‘EFFECTIVE DATE NOTE: At 58 FR 

36141, July 6, 1993, § 164.13 was 

amended by suspending paragraph (e), 

effective July 9, 1993.’’ 

[FR Doc. 2013–13014 Filed 5–30–13; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2013–0378] 

RIN 1625–AA00 

Safety Zone; 2013 Ocean City Air 

Show, Atlantic Ocean; Ocean City, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters of the Atlantic 

Ocean in the vicinity of Ocean City, MD 

to support the Ocean City Air Show. 

This action is intended to restrict vessel 

traffic movement in the restricted area 

in order to protect mariners from the 

hazards associated with air show events. 

DATES: This rule is effective from June 

6, 2013, at 10 a.m. until June 9, 2013, 

at 4 p.m. This rule will be enforced from 

10 a.m. until 4 p.m. daily between June 

6, 2013, and June 9, 2013. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket [USCG– 

2013–0378]. To view documents 

mentioned in this preamble as being 

available in the docket, go to http:// 

www.regulations.gov, type the docket 

number in the ‘‘SEARCH′′ box and click 

‘‘SEARCH.′′ Click on Open Docket 

Folder on the line associated with this 

rulemaking. You may also visit the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 


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