Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Proposed Rules 40539 

days after the date of the preliminary 

determination. 

(v) Other allegations. An interested 

party may submit factual information in 

support of other allegations not 

specified in subsections (i)–(iv). Upon 

receipt of factual information under this 

subsection, the Secretary will issue a 

memorandum accepting or rejecting the 

information and, to the extent 

practicable, will provide written notice 

stating the reasons for rejection. If the 

Secretary accepts the information, the 

Secretary will issue a schedule 

providing deadlines for submission of 

factual information to rebut, clarify or 

correct the factual information. 

(vi) Rebuttal, clarification, or 

correction of factual information 

submitted in support of allegations. An 

interested party is permitted one 

opportunity to submit factual 

information to rebut, clarify, or correct 

factual information submitted in 

support of allegations 10 days after the 

date such factual information is served 

on an interested party. 

(3) Factual information submitted to 

value factors under § 351.408(c) or to 

measure the adequacy of remuneration 

under § 351.511(a)(2). 

(i) Antidumping or countervailing 

duty investigations. All submissions of 

factual information to value factors of 

production under § 351.408(c) in an 

antidumping investigation, or to 

measure the adequacy of remuneration 

under § 351.511(a)(2) in a countervailing 

duty investigation, are due no later than 

30 days before the scheduled date of the 

preliminary determination; 

(ii) Administrative review, new 

shipper review, or changed 

circumstances review. All submissions 

of factual information to value factors 

under § 351.408(c), or to measure the 

adequacy of remuneration under 

§ 351.511(a)(2), are due no later than 30 

days before the scheduled date of the 

preliminary results of review; and 

(iii) Expedited antidumping review. 

All submissions of factual information 

to value factors under § 351.408(c) are 

due on a date specified by the Secretary. 

(iv) Rebuttal, clarification, or 

correction of factual information 

submitted to value factors under 

§ 351.408(c) or to measure the adequacy 

of remuneration under § 351.511(a)(2). 

An interested party is permitted one 

opportunity to submit arguments or 

publicly available information to rebut, 

clarify, or correct such factual 

information submitted pursuant to 

§ 351.408(c) or § 351.511(a)(2) 10 days 

after the date such factual information is 

served on the interested party. An 

interested party may not submit 

additional, previously absent-from-therecord alternative surrogate value 

information under this subsection. 

Additionally, all factual information 

submitted under this subsection must be 

accompanied by a written explanation 

identifying what information already on 

the record of the ongoing proceeding the 

factual information is rebutting, 

clarifying, or correcting. Information 

submitted to rebut, clarify, or correct 

factual information submitted pursuant 

to § 351.408(c) will not be used to value 

factors under § 351.408(c). 

(4) Factual information placed on the 

record of the proceeding by the 

Department. The Department may place 

factual information on the record of the 

proceeding at any time. An interested 

party is permitted one opportunity to 

submit factual information to rebut, 

clarify, or correct factual information 

placed on the record of the proceeding 

by the Department by a date specified 

by the Secretary. 

(5) Factual information not directly 

responsive to or relating to paragraphs 

(1)–(4). This subsection applies to 

factual information other than that 

described in § 351.102(b)(21)(i)–(iv). 

The Secretary will reject information 

filed under this subsection that satisfies 

the definition of information described 

in § 351.102(b)(21)(i)–(iv) and that was 

not filed within the deadlines specified 

above. All submissions of factual 

information under this subsection are 

required to clearly explain why the 

information contained therein does not 

meet the definition of factual 

information described in 

§ 351.102(b)(21)(i)–(iv), and must 

provide a detailed narrative of exactly 

what information is contained in the 

submission and why it should be 

considered. The deadline for filing such 

information will be 30 days before the 

scheduled date of the preliminary 

determination in an investigation, or 14 

days before verification, whichever is 

earlier, and 30 days before the 

scheduled date of the preliminary 

results in an administrative review, or 

14 days before verification, whichever is 

earlier. 

(i) Upon receipt of factual information 

under this subsection, the Secretary will 

issue a memorandum accepting or 

rejecting the information and, to the 

extent practicable, will provide written 

notice stating the reasons for rejection. 

(ii) If the Secretary accepts the 

information, the Secretary will issue a 

schedule providing deadlines for 

submission of factual information to 

rebut, clarify or correct the factual 

information. 

[FR Doc. 2012–16715 Filed 7–9–12; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF JUSTICE 

28 CFR Part 16 

[CPCLO Order No. 013–2012] 

Privacy Act of 1974; Implementation 

AGENCY: Federal Bureau of 

Investigation, Department of Justice. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: Elsewhere in the Federal 

Register, the Federal Bureau of 

Investigation (FBI), a component of the 

Department of Justice, has published a 

notice of a new Privacy Act system of 

records, JUSTICE/FBI–022, the FBI Data 

Warehouse System. In this notice of 

proposed rulemaking, the FBI proposes 

to exempt this system from certain 

provisions of the Privacy Act in order to 

avoid interference with the national 

security and criminal law enforcement 

functions and responsibilities of the 

FBI. Public comment is invited. 

DATES: Comments must be received by 

August 9, 2012. 

ADDRESSES: Address all comments to 

the Privacy Analyst, Privacy and Civil 

Liberties Office, National Place 

Building, 1331 Pennsylvania Ave. NW., 

Suite 1000, Washington, DC 20530– 

0001 or facsimile 202–307–0693. To 

ensure proper handling, please 

reference the CPCLO Order No. on your 

correspondence. You may review an 

electronic version of the proposed rule 

at http://www.regulations.gov and you 

may also comment by using the http:// 

www.regulations.gov comment form for 

this regulation. Please include the 

CPCLO Order No. in the subject box. 

Please note that the Department is 

requesting that electronic comments be 

submitted before midnight Eastern 

Daylight Savings 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 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 


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40540 Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Proposed Rules 

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 

phrase ‘‘PERSONALLY IDENTIFYING 

INFORMATION’’ in the first paragraph 

of your comment. You must also place 

all 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 

phrase ‘‘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 paragraph. 

FOR FURTHER INFORMATION CONTACT: 

Kristin Meinhardt, Assistant General 

Counsel, Privacy and Civil Liberties 

Unit, Office of the General Counsel, FBI, 

Washington, DC 20535–0001, telephone 

202–324–3000. 

SUPPLEMENTARY INFORMATION: In the 

Notice section of today’s Federal 

Register, the FBI has established a new 

Privacy Act system of records, the FBI 

Data Warehouse System, Justice/FBI– 

022. The system serves as a repository 

for FBI information and for information 

lawfully received from other agencies 

and permits the comparison of data sets 

in order to provide a more complete 

picture of potential national security 

threats or criminal activities. The FBI is 

also deleting the system of records 

notice for the Data Integration and 

Visualization System (DIVS), published 

at 75 FR 53342 (Aug. 31, 2010) and 

modified at 75 FR 66131 (Oct. 27, 2010) 

because the Data Warehouse System 

will now also cover information that 

was covered by the DIVS SORN. 

In this rulemaking, the FBI proposes 

to exempt the Data Warehouse System, 

Justice/FBI–022, from certain provisions 

of the Privacy Act in order to avoid 

interference with the law enforcement, 

intelligence and counterintelligence, 

and counterterrorism responsibilities of 

the FBI as established in federal law and 

policy. The FBI is also replacing the 

exemption regulation for DIVS with this 

proposed rule because that system will 

now be covered by Justice/FBI–022 and 

this proposed rulemaking. The 

exemption regulation for DIVS will stay 

in effect until this rule is final. 

Regulatory Flexibility Act 

This proposed rule relates to 

individuals rather than small business 

entities. Pursuant to the requirements of 

the Regulatory Flexibility Act, 5 U.S.C. 

601–612, therefore, the proposed rule 

will not have a significant economic 

impact on a substantial number of small 

entities. 

Small Business Regulatory Enforcement 

Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996, 5 U.S.C. 801 et seq., requires the 

FBI to comply with small entity requests 

for information and advice about 

compliance with statutes and 

regulations within FBI jurisdiction. Any 

small entity that has a question 

regarding this document may contact 

the person listed in FOR FURTHER

INFORMATION CONTACT. Persons can 

obtain further information regarding 

SBREFA on the Small Business 

Administration’s Web page at http:// 

www.sba.gov/advo/archive/ 

sum_sbrefa.html. 

The Paperwork Reduction Act 

The Paperwork Reduction Act of 

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

the FBI consider the impact of 

paperwork and other information 

collection burdens imposed on the 

public. There is no current or new 

information collection requirements 

associated with this proposed rule. The 

records that are contributed to this 

system are created by the FBI or other 

law enforcement and intelligence 

entities and 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 103–3, 109 Stat. 48, requires 

Federal agencies to assess the effects of 

certain regulatory actions on State, 

local, and tribal governments, and the 

private sector. UMBRA requires a 

written 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, 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, 524; 31 U.S.C. 3717, 9701. 

Subpart E—Exemption of Records 

Systems Under the Privacy Act 

2. In § 16.96, revise paragraphs (v) and 

(w) to read as follows: 

§ 16.96 Exemption of Federal Bureau of 

Investigation Systems—limited access. 

* * * * * 

(v) The following system of record 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: 

(1) FBI Data Warehouse System, 

(JUSTICE/FBI–022). 

(2) These exemptions apply only to 

the extent that information in this 

system is subject to exemption pursuant 

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

compliance with an exempted provision 

could not appear to interfere with or 

adversely affect interests of the United 

States or other system stakeholders, the 

DOJ in its sole discretion may waive an 

exemption in whole or in part; exercise 

of this discretionary waiver prerogative 

in a particular matter shall not create 

any entitlement to or expectation of 

waiver in that matter or any other 

matter. As a condition of discretionary 

waiver, the DOJ in its sole discretion 

may impose any restrictions deemed 

advisable by the DOJ (including, but not 

limited to, restrictions on the location, 

manner, or scope of notice, access or 

amendment). 


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Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Proposed Rules 40541 

(w) 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 this system is 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 

law enforcement or national security 

investigative interest in the individual 

by the FBI or agencies that are recipients 

of the disclosures. Revealing this 

information could compromise ongoing, 

authorized law enforcement and 

intelligence efforts, particularly efforts 

to identify and defuse any potential acts 

of terrorism or other potential violations 

of criminal law. Revealing this 

information could also permit the 

record subject to obtain valuable insight 

concerning the information obtained 

during any investigation and to take 

measures to circumvent the 

investigation. 

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

requirements because this system is 

exempt from the access and amendment 

provisions of subsection (d) as well as 

the accounting of disclosures provision 

of subsection (c)(3). 

(3) From subsection (d)(1), (2), (3) and 

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

provisions concern individual access to 

and amendment of law enforcement, 

intelligence and counterintelligence, 

and counterterrorism records and 

compliance could alert the subject of an 

authorized law enforcement or 

intelligence activity about that 

particular activity and the investigative 

interest of the FBI and/or other law 

enforcement or intelligence agencies. 

Providing access could compromise 

sensitive information classified to 

protect national security; disclose 

information which would constitute an 

unwarranted invasion of another’s 

personal privacy; reveal a sensitive 

investigative or intelligence technique; 

could provide information that would 

allow a subject to avoid detection or 

apprehension; or constitute a potential 

danger to the health or safety of law 

enforcement personnel, confidential 

sources, and witnesses. The FBI takes 

seriously its obligation to maintain 

accurate records despite its assertion of 

this exemption, and to the extent it, in 

its sole discretion, agrees to permit 

amendment or correction of FBI records, 

it will share that information in 

appropriate cases with subjects of the 

information. 

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

is not always possible to know in 

advance what information is relevant 

and necessary for law enforcement and 

intelligence purposes. The relevance 

and utility of certain information that 

may have a nexus to terrorism or other 

crimes may not always be evident until 

and unless it is vetted and matched with 

other sources of information that are 

necessarily and lawfully maintained by 

the FBI. 

(5) From subsection (e)(2) and (3) 

because application of this provision 

could present a serious impediment to 

efforts to solve crimes and improve 

national security. Application of these 

provisions would put the subject of an 

investigation on notice of that fact and 

allow the subject an opportunity to 

engage in conduct intended to impede 

that activity or avoid apprehension. 

(6) From subsection (e)(4)(I), to the 

extent that this subsection is interpreted 

to require more detail regarding the 

record sources in this system than has 

been published in the Federal Register. 

Should the subsection be so interpreted, 

exemption from this provision is 

necessary to protect the sources of law 

enforcement and intelligence 

information and to protect the privacy 

and safety of witnesses and informants 

and others who provide information to 

the FBI. Further, greater specificity of 

properly classified records could 

compromise national security. 

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

the collection of information for 

authorized law enforcement and 

intelligence purposes, it is impossible to 

determine in advance what information 

is accurate, relevant, timely and 

complete. With time, seemingly 

irrelevant or untimely information may 

acquire new significance when new 

details are brought to light. 

Additionally, the information may aid 

in establishing patterns of activity and 

providing criminal or intelligence leads. 

It could impede investigative progress if 

it were necessary to assure relevance, 

accuracy, timeliness and completeness 

of all information obtained during the 

scope of an investigation. Further, some 

of the records in this system come from 

other agencies and it would be 

administratively impossible for the FBI 

to vouch for the compliance of these 

agencies with this provision. 

(8) 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 FBI and 

may alert the subjects of law 

enforcement investigations, who might 

be otherwise unaware, to the fact of 

those investigations. 

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

extent that the system is exempt from 

other specific subsections of the Privacy 

Act. 

Dated: June 19, 2012. 

Nancy C. Libin, 

Chief Privacy and Civil Liberties Officer, 

United States Department of Justice. 

[FR Doc. 2012–16822 Filed 7–9–12; 8:45 am] 

BILLING CODE 4410–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2012–0518] 

RIN 1625–AA00 

Safety Zone; Water Main Crossing; 

Choctawhatchee Bay; Santa Rosa 

Beach, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of Proposed Rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a temporary safety zone for a 

portion of the Gulf Intracoastal 

Waterway in Choctawhatchee Bay, 

Santa Rosa Beach, FL. This action is 

necessary for the protection of persons 

and vessels, on navigable waters, during 

the construction of a subaqueous water 

main. Entry into or transiting in this 

zone, during daylight hours, will be 

prohibited to all vessels, mariners, and 

persons unless specifically authorized 

by the Captain of the Port Mobile or a 

designated representative. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before August 9, 2012. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2012–0518 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. Deliveries accepted between 

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

Friday, except Federal holidays. The 

telephone number is 202–366–9329. 

See the ‘‘Public Participation and 

Request for Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for further instructions on 

submitting comments. To avoid 

duplication, please use only one of 

these three methods. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 


wreier-aviles on DSK6TPTVN1PROD with PROPOSALS