Federal Register / Vol. 65, No. 97 / Thursday May 18, 2000 / Proposed Rules 31505

Issued in Jamaica, New York, on April 19,

2000.

Franklin D. Hatfield,

Manager, Air Traffic Division, Eastern Region.

[FR Doc. 00–11491 Filed 5–17–00; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF DEFENSE

Department of the Navy,

32 CFR Part 701

[Secretary of the Navy Instruction 5211.5]

Privacy Act; Implementation

AGENCY: Department of the Navy, DOD.

ACTION: Proposed rule.

SUMMARY: The Department of the Navy

is proposing to add an exemption rule

for a Privacy Act system of records. The

exemption is intended to increase the

value of the system of records for law

enforcement purposes, to comply with

prohibitions against the disclosure of

certain kinds of information, and to

protect the privacy of individuals

identified in the system of records.

DATES: Comments must be received on

or before July 17, 2000 to be considered

by this agency.

FOR FURTHER INFORMATION CONTACT: Mrs.

Doris Lama at (202) 685–6545 or DSN

325–6545.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

It has been determined that this

Privacy Act rule for the Department of

Defense does not constitute ‘significant

regulatory action’. Analysis of the rule

indicates that it does not have an annual

effect on the economy of $100 million

or more; does not create a serious

inconsistency or otherwise interfere

with an action taken or planned by

another agency; does not materially alter

the budgetary impact of entitlements,

grants, user fees, or loan programs or the

rights and obligations of recipients

thereof; does not raise novel legal or

policy issues arising out of legal

mandates, the President’s priorities, or

the principles set forth in Executive

Order 12866 (1993).

Regulatory Flexibility Act

It has been determined that this

Privacy Act rule for the Department of

Defense does 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.

Paperwork Reduction Act

It has been determined that this

Privacy Act rule for the Department of

Defense imposes no information

requirements beyond the Department of

Defense and that the information

collected within the Department of

Defense is necessary and consistent

with 5 U.S.C. 552a, known as the

Privacy Act of 1974.

List of Subjects in 32 CFR Part 701

Privacy.

1. The authority citation for 32 CFR

part 701, Subpart G continues to read as

follows:

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

U.S.C. 552a).

2. Section 701.118, is amended by

adding paragraph (u) as follows:

§ 701.118 Exemptions for specific Navy

record systems.

(u) System identifier and name: (1)

N05813–4, Trial/Government Counsel

Files.

(i) Exemption. Parts of this system

may be exempt pursuant to 5 U.S.C.

552a(j)(2) if the information is compiled

and maintained by a component of the

agency which performs as its principle

function any activity pertaining to the

enforcement of criminal laws. Portions

of this system of records that may be

exempt pursuant to subsection 5 U.S.C.

552a(j)(2) are (c)(3), (c)(4), (d), (e)(1),

(e)(2), (e)(3), (e)(5), (e)(4)(G), (H), and (I),

(e)(8), (f), and (g).

(ii) Exemption. Information

specifically authorized to be classified

under E.O. 12958, as implemented by

DoD 5200.1–R, may be exempt pursuant

to 5 U.S.C. 552a(k)(1).

(iii) Exemption. Investigatory material

compiled for law enforcement purposes

may be exempt pursuant to 5 U.S.C.

552a(k)(2). However, if an individual is

denied any right, privilege, or benefit for

which he would otherwise be entitled

by Federal law or for which he would

otherwise be eligible, as a result of the

maintenance of such information, the

individual will be provided access to

such information except to the extent

that disclosure would reveal the identity

of a confidential source. Portions of this

system of records that may be exempt

pursuant to subsections 5 U.S.C.

552a(k)(1) and (k)(2) are (c)(3), (d),

(e)(1), (e)(4)(G), (H), and (I), and (f).

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

(k)(1), and (k)(2).

(v) Reason: (1) From subsection (c)(3)

because release of accounting of

disclosure could place the subject of an

investigation on notice that he/she is

under investigation and provide him/

her with significant information

concerning the nature of the

investigation, resulting in a serious

impediment to law enforcement

investigations.

(2) From subsections (c)(4), (d),

(e)(4)(G), and (e)(4)(H) because granting

individuals access to information

collected and maintained for purposes

relating to the enforcement of laws

could interfere with proper

investigations and orderly

administration of justice. Granting

individuals access to information

relating to the preparation and conduct

of criminal prosecution would impair

the development and implementation of

legal strategy. Amendment is

inappropriate because the trial/

government counsel files contain

official records including transcripts,

court orders, and investigatory materials

such as exhibits, decisional

memorandum and other case-related

papers. Disclosure of this information

could result in the concealment,

alteration or destruction of evidence, the

identification of offenders or alleged

offenders, nature and disposition of

charges; and jeopardize the safety and

well-being of informants, witnesses and

their families, and law enforcement

personnel and their families. Disclosure

of this information could also reveal and

render ineffective investigation

techniques, sources, and methods used

by law enforcement personnel, and

could result in the invasion of privacy

of individuals only incidentally related

to an investigation.

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

is not always possible in all instances to

determine relevancy or necessity of

specific information in the early stages

of case development. Information

collected during criminal investigations

and prosecutions and not used during

the subject case is often retained to

provide leads in other cases.

(4) From subsection (e)(2) because in

criminal or other law enforcement

investigations, the requirement that

information be collected to the greatest

extent practicable from the subject

individual would alert the subject as to

the nature or existence of an

investigation, presenting a serious

impediment to law enforcement

investigations.

(5) From subsection (e)(3) because

compliance would constitute a serious

impediment to law enforcement in that

it could compromise the existence of a

confidential investigation or reveal the

identity of witnesses or confidential

informants.

(6) From subsection (e)(4)(I) because

the identity of specific sources must be

withheld in order to protect the

confidentiality of the sources of

31506 Federal Register / Vol. 65, No. 97 / Thursday May 18, 2000 / Proposed Rules

criminal and other law enforcement

information. This exemption is further

necessary to protect the privacy and

physical safety of witnesses and

informants.

(7) From subsection (e)(5) because in

the collection of information for law

enforcement 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 and the

accuracy of such information can only

be determined in a court of law. The

restrictions of subsection (e)(5) would

restrict the ability of trained

investigators and intelligence analysts to

exercise their judgment in reporting on

investigations and impede the

development of intelligence necessary

for effective law enforcement.

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

compliance would provide an

impediment to law enforcement by

interfering with the ability to issue

warrants or subpoenas and by revealing

investigative techniques, procedures, or

evidence.

(9) From subsections (f) and (g)

because this record system is exempt

from the individual access provisions of

subsection (d).

(10) Consistent with the legislative

purpose of the Privacy Act of 1974, the

Department of the Navy will grant

access to nonexempt material in the

records being maintained. Disclosure

will be governed by the Department of

the Navy’s Privacy Regulation, but will

be limited to the extent that the identity

of confidential sources will not be

compromised; subjects of an

investigation of an actual or potential

criminal violation will not be alerted to

the investigation; the physical safety of

witnesses, informants and law

enforcement personnel will not be

endangered, the privacy of third parties

will not be violated; and that the

disclosure would not otherwise impede

effective law enforcement. Whenever

possible, information of the above

nature will be deleted from the

requested documents and the balance

made available. The controlling

principle behind this limited access is

to allow disclosures except those

indicated above. The decisions to

release information from these systems

will be made on a case-by-case basis.

* * * * *

Dated: March 29, 2000.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 00–10053 Filed 5–17–00; 8:45 am]

BILLING CODE 5001–10–F

POSTAL SERVICE

39 CFR Part 111

Line-of-Travel Sequencing for Basic

Carrier Route Periodicals

ACTION: Proposed rule.

SUMMARY: The Postal Service is

soliciting comments on a proposed

change to the Domestic Mail Manual

that would require mailers to prepare

basic rate carrier route Periodicals mail

in line-of-travel sequence.

DATES: Comments must be received on

or before June 19, 2000.

ADDRESSES: Comments must be sent to

the Manager, Mail Preparation and

Standards, 475 L’Enfant Plaza SW,

Room 6800, Washington, DC 20260–

2405. Fax: 202–268–4336. Comments

will be available for public viewing

from 9 a.m. to 4 p.m. in the Postal

Service Library, 475 L’Enfant Plaza,

11th Floor, Washington, DC. Copies of

comments also may be requested via fax

or email.

FOR FURTHER INFORMATION CONTACT:

Anne Emmerth, 202–268–2363,

aemmerth@email.usps.gov.

SUPPLEMENTARY INFORMATION: In 1996,

the Postal Service began requiring lineof-travel sequencing for all basic

Enhanced Carrier Route Standard Mail

(A). LOT sequencing generally

approximates carriers’ actual sequence

of delivery. A cost study shows that this

preparation has resulted in significant

savings due to a reduction in time spent

by carriers casing mail. Analysis

indicates that implementing a line-oftravel requirement for packages of basic

rate carrier route Periodicals could

produce significant savings.

The Postal Service and

representatives from the Periodicals

industry are concerned about recent

upward trends in mail processing costs

for Periodicals and have been studying

ways to lower costs. Out of these

discussions came several ideas for

further examination. One of these ideas

is to require Periodicals mail qualifying

for basic carrier route rates to be

prepared in line-of-travel (LOT)

sequence. A Postal Service cost study

indicates that requiring LOT sequencing

for basic rate carrier route Periodicals

will result in reduced costs.

Accordingly, the Postal Service is

proposing to require that Periodicals

mailers prepare basic rate carrier route

mail in line-of-travel sequence. Mailers

would be required to sort their mail

using the current USPS line-of-travel

product within 90 days before the date

of mailing. As an alternative, mailers

may opt to prepare mail in actual walk

sequence to qualify for basic carrier

route rates.

The line-of-travel product contains a

list of each ZIP+4 code that a route

serves. The ZIP+4 codes are numbered

in sequence according to their first

occurrence on the route as served by the

carrier. Each ZIP+4 is appended with

either an ‘‘A’’ (for ascending) or a ‘‘D’’

(for descending) to specify the order in

which the addresses in that ZIP+4 must

be arranged. For Periodicals, all basic

rate carrier route pieces would be

sequenced in ascending ZIP+4 code

line-of-travel order. As an alternative,

mailers could prepare basic rate carrier

route mail in actual walk sequence.

The proposed effective date of this

change is September 9, 2000.

Although exempt from the notice and

comment requirements of the

Administrative Procedure Act (5 U.S.C.

553(b), (c)) regarding proposed

rulemaking by 39 U.S.C. 410(a), the

Postal Service invites comments on the

following proposed revisions to the

Domestic Mail Manual, incorporated by

reference in the Code of Federal

Regulations. See 39 CFR part 111.

List of Subjects in 39 CFR Part 111

Administrative practice and

procedure, Postal Service.

PART 111—[AMENDED]

1. The authority citation for 39 CFR

Part 111 continues to read as follows:

Authority: 5 U.S.C. 552(a); 39 U.S.C. 101,

401, 403, 404, 414, 3001–3011, 3201–3219,

3403–3406, 3621, 3626, 5001.

2. Revise the following sections of the

Domestic Mail Manual (DMM) as set

forth below:

E Eligibility

* * * * *

E200 Periodicals

* * * * *

E230 Nonautomation Rates

* * * * *

2.0 CARRIER ROUTE RATES

* * * * *

[Amend 2.2 by revising the heading

and item a, renumbering item b as item

c, and adding new item b to read as

follows:]