49662 Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Rules and Regulations 

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 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. 

(ii) The specific sections of 5 U.S.C. 

552a from which the system is to be 

exempted are 5 U.S.C. 552a(c)(3) and 

(c)(4), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G), 

(H), and (I), (e)(5), (f), and (g). 

3. AUTHORITY: 

5 U.S.C. 552a(k)(2). 

4. REASONS: 

(i) From subsection (c)(3) because to 

grant access to an accounting of 

disclosures as required by the Privacy 

Act, including the date, nature, and 

purpose of each disclosure and the 

identity of the recipient, could alert the 

subject to the existence of the 

investigation or prosecutive interest by 

DLA or other agencies. This could 

seriously compromise case preparation 

by prematurely revealing its existence 

and nature; compromise or interfere 

with witnesses or make witnesses 

reluctant to cooperate; and lead to 

suppression, alteration, or destruction of 

evidence. 

(ii) From subsections (c)(4), (d), and 

(f) because providing access to this 

information could result in the 

concealment, destruction or fabrication 

of evidence 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 ineffectual investigative 

techniques, sources, and methods used 

by this component and could result in 

the invasion of privacy of individuals 

only incidentally related to an 

investigation. Investigatory material is 

exempt to the extent that the disclosure 

of such material would reveal the 

identity of a source who furnished the 

information to the Government under an 

express promise that the identity of the 

source would be held in confidence, or 

prior to September 27, 1975 under an 

implied promise that the identity of the 

source would be held in confidence. 

This exemption will protect the 

identities of certain sources that would 

be otherwise unwilling to provide 

information to the Government. The 

exemption of the individual’s right of 

access to his/her records and the 

reasons therefore necessitate the 

exemptions of this system of records 

from the requirements of the other cited 

provisions. 

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

is not always possible to detect the 

relevance or necessity of each piece of 

information in the early stages of an 

investigation. In some cases, it is only 

after the information is evaluated in 

light of other evidence that its relevance 

and necessity will be clear. 

(iv) From subsection (e)(2) because 

collecting information to the fullest 

extent possible directly from the subject 

individual may or may not be practical 

in a criminal investigation. 

(v) From subsection (e)(3) because 

supplying an individual with a form 

containing a Privacy Act Statement 

would tend to inhibit cooperation by 

many individuals involved in a criminal 

investigation. The effect would be 

somewhat adverse to established 

investigative methods and techniques. 

(vi) From subsections (e)(4)(G), (H), 

and (I) because it will provide 

protection against notification of 

investigatory material which might alert 

a subject to the fact that an investigation 

of that individual is taking place, and 

the disclosure of which would weaken 

the on-going investigation, reveal 

investigatory techniques, and place 

confidential informants in jeopardy who 

furnished information under an express 

promise that the sources’ identity would 

be held in confidence (or prior to the 

effective date of the Act, under an 

implied promise). In addition, this 

system of records is exempt from the 

access provisions of subsection (d). 

(vii) From subsection (e)(5) because 

the requirement that records be 

maintained with attention to accuracy, 

relevance, timeliness, and completeness 

would unfairly hamper the investigative 

process. It is the nature of law 

enforcement for investigations to 

uncover the commission of illegal acts 

at diverse stages. It is frequently 

impossible to determine initially what 

information is accurate, relevant, timely, 

and least of all complete. With the 

passage of time, seemingly irrelevant or 

untimely information may acquire new 

significance as further investigation 

brings new details to light. 

(viii) From subsection (f) because the 

agency’s rules are inapplicable to those 

portions of the system that are exempt 

and would place the burden on the 

agency of either confirming or denying 

the existence of a record pertaining to a 

requesting individual might in itself 

provide an answer to that individual 

relating to an on-going investigation. 

The conduct of a successful 

investigation leading to the indictment 

of a criminal offender precludes the 

applicability of established agency rules 

relating to verification of record, 

disclosure of the record to the 

individual and record amendment 

procedures for this record system. 

(ix) From subsection (g) because this 

system of records should be exempt to 

the extent that the civil remedies relate 

to provisions of 5 U.S.C. 552a from 

which this rule exempts the system. 

* * * * * 

Dated: July 8, 2011. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2011–20240 Filed 8–10–11; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2011–0696] 

Drawbridge Operation Regulation; 

Grassy Sound Channel, Middle 

Township, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Fifth Coast 

Guard District, has issued a temporary 

deviation from the regulation governing 

the operation of the Grassy Sound/ 

Ocean Drive Bascule Bridge across the 

Grassy Sound Channel, mile 1.0, at 

Middle Township, NJ. The deviation is 

necessary to accommodate racers in 

‘‘The Wild Half’’ half marathon. This 

deviation allows the bridge to remain in 

the closed position to ensure safe 

passage for the half marathon racers. 

DATES: This deviation is effective from 

7:45 a.m. through 11 a.m. on August 27, 

2011. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2011– 

0696 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2011–0696 in the ‘‘Keyword’’ 

box and then clicking ‘‘Search’’. They 

are also available for inspection or 

copying at the 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, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 


wreier-aviles on DSKDVH8Z91PROD with RULES
Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Rules and Regulations 49663 

e-mail Lindsey Middleton, Coast Guard; 

telephone 757–398–6629, e-mail 

Lindsey.R.Middleton@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: Cape May 

County Department of Public Works has 

requested a temporary deviation from 

the current operating regulations of the 

Grassy Sound/Ocean Drive Bascule 

Bridge across the Grassy Sound 

Channel, mile 1.0, at Middle Township, 

NJ. The route of ‘‘The Wild Half’’ half 

marathon crosses the bridge twice and 

the requested deviation is to 

accommodate the race participants. To 

facilitate this event, the draw of the 

bridge will be maintained in the closedto-navigation position from 7:45 a.m. 

until 11 a.m. on Sunday August 27, 

2011. 

The vertical clearance for this bridge 

in the closed position is 15 feet at Mean 

High Water and unlimited in the open 

position. The operating regulations are 

set forth in 33 CFR 117.721 which states 

that during this time of year the bridge 

shall open on signal from 6 a.m. to 

8 p.m. 

Vessels that can pass through the 

bridge in the closed position may do so 

at any time. The Coast Guard will 

inform the waterway users of the 

closure through our Local and Broadcast 

Notices to Mariners to minimize any 

impact caused by the temporary 

deviation. The bridge will be able to 

open for emergencies. In the past 6 years 

there have been minimal openings for 

this bridge during the morning hours in 

August. Most vessel traffic consists of a 

few tugs and tows and recreational 

boaters. Vessels can use the Stone 

Harbor Bridge across the Great Channel 

as an alternate route to Hereford Inlet 

and the Atlantic Ocean. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: August 2, 2011. 

Waverly W. Gregory, Jr., 

Bridge Program Manager, By direction of the 

Commander, Fifth Coast Guard District. 

[FR Doc. 2011–20374 Filed 8–10–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2011–0669] 

Drawbridge Operation Regulation; New 

Jersey Intracoastal Waterway (NJICW); 

Atlantic City, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Fifth Coast 

Guard District, has issued a temporary 

deviation from the regulation governing 

the operation of the Route 30/Abescon 

Boulevard Bridge across Beach 

Thorofare, NJICW mile 67.2 and the US 

40–322 (Albany Avenue) Bridge across 

Inside Thorofare, NJICW mile 70.0, both 

at Atlantic City, NJ. The deviation 

allows the bridges to limit the number 

of openings to accommodate heavy 

volumes of vehicular traffic due to the 

annual Air Show at Bader Field. 

DATES: This deviation is effective from 

10 a.m. through 8 p.m on August 17, 

2011. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2011– 

0669 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2011–0669 in the ‘‘Keyword’’ 

box and then clicking ‘‘Search’’. They 

are also available for inspection or 

copying at the 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, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail Ms. Lindsey Middleton, Coast 

Guard; telephone 757–398–6629, e-mail 

Lindsey.R.Middleton@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: The New 

Jersey Department of Transportation 

requested a temporary deviation from 

the current operating regulations of the 

Route 30/Abescon Boulevard Bridge 

across Beach Thorofare, NJICW mile 

67.2 and the US 40–322 (Albany 

Avenue) Bridge across Inside Thorofare, 

NJICW mile 70.0, both at Atlantic City, 

NJ. The bridge opening changes and 

closures have been requested to ensure 

the safety of the heavy volumes of 

vehicular traffic that would be transiting 

over the bridges for the annual Air 

Show at Bader Field located within the 

city limits. Under this tempoarary 

deviation, both bridges will open every 

two hours on the hour starting at 10 a.m. 

and lasting until 4 p.m. followed by 

bridge closures from 4 p.m. until 8 p.m. 

on Wednesday, August 17, 2011. 

The current operating regulation for 

the Route 30/Abescon Boulevard Bridge 

is outlined at 33 CFR 117.733(e) which 

requires that the bridge shall open on 

signal but only if at least four hours 

notice is given; except that from April 

1 through October 31, from 7 a.m. to 

11 p.m., the draw need only open on the 

hour. The vertical clearance for this 

bascule bridge is 20 feet above mean 

high water in the closed position and 

unlimited in the open position. 

The current operating regulation for 

the US 40–322 (Albany Avenue Bridge) 

is outlined at 33 CFR 117.733(f)which 

requires that on the weekdays during 

this time of year, the bridge shall open 

on signal; except that from 11 p.m. to 

7 a.m., the draw need only open if at 

least four hours of notice is given, from 

9 a.m. to 4 p.m. and from 6 p.m. to 9 

p.m., the draw need only open on the 

hour and half hour, and from 4 p.m. to 

6 p.m., the draw need not open. The 

vertical clearance for this bascule bridge 

is 10 feet above mean high water in the 

closed position and unlimited in the 

open position. 

The majority of the vessels that transit 

the bridges this time of year are 

recreational boats. Vessels able to pass 

through the bridges in the closed 

positions may do so at any time. Both 

bridges will be able to open for 

emergencies. The Atlantic Ocean is an 

alternate route for vessels unable to pass 

through the bridges in the closed 

positions. The Coast Guard will inform 

the users of the waterway through our 

Local and Broadcast Notices to Mariners 

of the closure period so that vessels can 

plan their transits to minimize any 

impact caused by the temporary 

deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: August 2, 2011. 

Waverly W. Gregory, Jr., 

Bridge Program Manager, By direction of the 

Commander, Fifth Coast Guard District. 

[FR Doc. 2011–20378 Filed 8–10–11; 8:45 am] 

BILLING CODE 9110–04–P 


wreier-aviles on DSKDVH8Z91PROD with RULES