Federal Register / Vol. 72, No. 88 / Tuesday, May 8, 2007 / Proposed Rules 26037 

paragraphs (b)(4)(i) and (b)(4)(iv) of this 

section. 

Kevin M. Brown, 

Deputy Commissioner for Services and 

Enforcement. 

[FR Doc. 07–2269 Filed 5–4–07; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF JUSTICE 

28 CFR Part 16 

[AAG/A Order No. 010–2007] 

Privacy Act of 1974; Implementation 

AGENCY: Department of Justice. 

ACTION: Proposed rule. 

SUMMARY: The Department of Justice 

proposes to amend the Privacy Act 

exemptions to the National Security 

Division’s system of records as 

described in today’s notice section of 

the Federal Register: Foreign 

Intelligence and Counterintelligence 

Records System (JUSTICE/NSD–001), 

which incorporates three previous 

systems of records of the Office of 

Intelligence Policy and Review (OIPR). 

These systems of records are the ‘‘Policy 

and Operational Records System, OIPR–

001’’ last published in the Federal 

Register January 26, 1984 (49 FR 3281); 

‘‘Foreign Intelligence Surveillance Act 

Records System, OIPR–002’’ last 

published in the Federal Register 

January 26, 1984 (49 FR 3282); and 

‘‘Litigation Records System, OIPR–003’’

last published in the Federal Register 

January 26, 1984 (49 FR 3284). 

DATES: Submit any comments by June 

18, 2007. 

ADDRESSES: Address all comments to 

Mary Cahill, Management and Planning 

Staff, Justice Management Division, 

Department of Justice, 1331 

Pennsylvania Avenue, NW., 

Washington, DC 20530 (1400 National 

Place Building), Facsimile Number (202) 

307–1853. To ensure proper handling, 

please reference the AAG/A Order No. 

on your correspondence. You may 

review an electronic version of this 

proposed rule at http:// 

www.regulations.gov. You may also 

comment via the Internet to the DOJ/ 

Justice Management Division at the 

following e-mail address: 

DOJPrivacyACTProposedRegulations

@usdoj.gov; or by using the http:// 

www.regulations.gov comment form for 

this regulation. When submitting 

comments electronically, you must 

include the AAG/A Order No. in the 

subject box. 

FOR FURTHER INFORMATION CONTACT: 

GayLa Sessoms, (202) 616–5460. 

SUPPLEMENTARY INFORMATION: The 

Department proposes to exempt 

JUSTICE/NSD–001 from 5 U.S.C. 

552a(c)(3) and (4); (d); (e)(1), (2), (3), 

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

(h). These exemptions will be applied 

only to the extent that information in a 

record is subject to exemption pursuant 

to 5 U.S.C. 552a(j)(2), (k)(1), (2) or (5). 

This order relates to individuals 

rather than small business entities. 

Nevertheless, pursuant to the 

requirements of the Regulatory 

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

order will not have a significant impact 

on a substantial number of small 

business entities. 

List of Subjects in 28 CFR Part 16 

Administrative practices and 

procedures, Courts, Freedom of 

Information, and Privacy. 

Pursuant to the authority vested in the 

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

delegated to me by Attorney General 

Order No. 793–78, it is proposed to 

amend 28 CFR part 16 as follows: 

PART 16—PRODUCTION OR 

DISCLOSURE OF MATERIAL OR 

INFORMATION 

1. The authority for part 16 continues 

to read as follows: 

Authority: 5 U.S.C. 301, 552, 552a, 552b(g), 

and 553; 18 U.S.C. 4203(a)(1); 28 U.S.C. 509, 

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

2. Section 16.74 is revised to read as 

follows: 

§ 16.74 Exemption of National Security 

Division System-limited access. 

(a) The following system of records is 

exempted from subsections (c)(3) and 

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

(5) and (8); (f); (g); and (h) of the Privacy 

Act pursuant to 5 U.S.C. 552a(j)(2), 

(k)(1), (2) and (5): Foreign Intelligence 

and Counterintelligence Records System 

(JUSTICE/NSD–001). These exemptions 

apply only to the extent that 

information in the system is subject to 

exemption pursuant to 5 U.S.C. 

552a(j)(2), (k)(1), (2), and (5). 

(b) Exemptions from the particular 

subsections are justified for the 

following reasons: 

(1) Subsection (c)(3). To provide the 

target of a surveillance or collection 

activity with the disclosure accounting 

records concerning him or her would 

hinder authorized United States 

intelligence activities by informing that 

individual of the existence, nature, or 

scope of information that is properly 

classified pursuant to Executive Order 

12958, as amended, and thereby cause 

damage to the national security. 

(2) Subsection (c)(4). This subsection 

is inapplicable to the extent that an 

exemption is being claimed for 

subsection (d). 

(3) Subsection (d)(1). Disclosure of 

foreign intelligence and 

counterintelligence information would 

interfere with collection activities, 

reveal the identity of confidential 

sources, and cause damage to the 

national security of the United States. 

To ensure unhampered and effective 

collection and analysis of foreign 

intelligence and counterintelligence 

information, disclosure must be 

precluded. 

(4) Subsection (d)(2). Amendment of 

the records would interfere with 

ongoing intelligence activities thereby 

causing damage to the national security. 

(5) Subsections (d)(3) and (4). These 

subsections are inapplicable to the 

extent exemption is claimed from (d)(1) 

and (2). 

(6) Subsection (e)(1). It is often 

impossible to determine in advance if 

intelligence records contained in this 

system are relevant and necessary, but, 

in the interests of national security, it is 

necessary to retain this information to 

aid in establishing patterns of activity 

and provide intelligence leads. 

(7) Subsection (e)(2). Although this 

office does not conduct investigations, 

the collection efforts of agencies that 

supply information to this office would 

be thwarted if the agencies were 

required to collect information with the 

subject’s knowledge. 

(8) Subsection (e)(3). To inform 

individuals as required by this 

subsection could reveal the existence of 

collection activity and compromise 

national security. For example, a target 

could, once made aware that collection 

activity exists, alter his or her manner 

of engaging in intelligence or terrorist 

activities in order to avoid detection. 

(9) Subsections (e)(4)(G), (H) and (I), 

and (f). These subsections are 

inapplicable to the extent that this 

system is exempt from the access 

provisions of subsection (d). 

(10) Subsection (e)(5). It is often 

impossible to determine in advance if 

intelligence records contained in this 

system are accurate, relevant, timely 

and complete, but, in the interests of 

national security, it is necessary to 

retain this information to aid in 

establishing patterns of activity and 

providing intelligence leads. 

(11) Subsection (e)(8). Serving notice 

could give persons sufficient warning to 

evade intelligence collection and antiterrorism efforts. 

(12) Subsections (g) and (h). These 

subsections are inapplicable to the 

extent that this system is exempt from 


cprice-sewell on PROD1PC62 with PROPOSALS
26038 Federal Register / Vol. 72, No. 88 / Tuesday, May 8, 2007 / Proposed Rules 

other specific subsections of the Privacy 

Act. 

Dated: April 27, 2007. 

Lee J. Lofthus, 

Assistant Attorney General for 

Administration. 

[FR Doc. E7–8764 Filed 5–7–07; 8:45 am] 

BILLING CODE 4410–AW–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD05–07–026] 

RIN 1625–AA09 

Drawbridge Operation Regulations; 

Atlantic Intracoastal Waterway (AIWW), 

Sunset Beach, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to change the drawbridge operating 

regulations that govern the S.R. 1172 

Bridge, at Atlantic Intracoastal 

Waterway mile 337.9, Sunset Beach, 

NC. This proposal would allow the 

bridge to open on the hour on signal for 

pleasure vessels from 7 a.m. to 9 p.m. 

year round. The reason for this change 

would be to improve the schedule for 

both roadway and waterway users. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

June 22, 2007. 

ADDRESSES: You may mail comments 

and related material to Commander 

(dpb), Fifth Coast Guard District, 

Federal Building, 1st Floor, 431 

Crawford Street, Portsmouth, VA 

23704–5004. The Fifth Coast Guard 

District maintains the public docket for 

this rulemaking. Comments and 

material received from the public, as 

well as documents indicated in this 

preamble as being available in the 

docket, will become part of this docket 

and will be available for inspection or 

copying at Commander (dpb), Fifth 

Coast Guard District between 8 a.m. and 

4 p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Gary 

Heyer, Bridge Management Specialist, 

Fifth Coast Guard District, at (757) 398–

6629. 

SUPPLEMENTARY INFORMATION:

Request for Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related material. If you 

do so, please include your name and 

address, identify the docket number for 

this rulemaking CGD05–07–026, 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. Please submit all comments 

and related material in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying. If you would like 

a return receipt, please enclose a 

stamped, self-addressed postcard or 

envelope. We will consider all 

submittals received during the comment 

period. We may change this proposed 

rule in view of them. 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for a meeting by writing to Commander 

(dpb), Fifth Coast Guard District at the 

address under ADDRESSES explaining 

why one would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

Background and Purpose 

The S.R. 1172 Bridge at Sunset Beach 

has zero vertical clearance to vessels 

when in the closed position at mean 

high water. 

The North Carolina Department of 

Transportation (NCDOT) owns and 

operates this single-lane, floating steelbarge, swing-span referred to as a 

pontoon drawbridge. Current 

regulations set out at 33 CFR 117.821 

(a)(5) require the bridge to open on 

signal for commercial vessels at all 

times; and on the hour on signal for 

pleasure vessels between 7 a.m. and 7 

p.m., April 1 to November 30, except 

that on Saturdays, Sundays, and Federal 

holidays, from June 1 through 

September 30, the bridge shall open on 

signal on the hour between 7 a.m. and 

9 p.m. 

NCDOT and the residents of the Town 

of Sunset Beach requested a change to 

the operating regulations for the S.R. 

1172 Bridge in an effort to improve the 

schedule for both roadway and 

waterway users. The S.R. 1172 Bridge 

provides the only route on and off 

Sunset Beach Island. This proposal 

would not change the requirement for 

the bridge to open on signal at any time 

for commercial vessels. 

The Coast Guard reviewed the bridge 

logs for 2005 and 2006 provided by 

NCDOT which illustrate a small 

decrease in the numbers of vessels 

passing through the bridge during the 

spring, summer, and fall over the past 

year. Most vessels transiting the area in 

the spring and fall are operated by 

owners commonly referred to as 

‘‘snowbirds’’. Owners of these transitory 

recreational vessels are either traveling 

north to south towards a warmer climate 

in the fall or south to north towards a 

cooler climate in the spring which can 

result in frequent bridge openings due 

to increased vessel numbers. During the 

spring and fall months, the flow of 

recreational vessels is constant. 

There were approximately 10,461 and 

11,429 vessel passages occurring in 

2006 and 2005, respectively, over an 

eight-month period (during the peak 

boating season from April to November) 

according to records furnished by the 

NCDOT. (See Table A) 

TABLE A 

JAN FEB MAR APR MAY JUN JUL AUG SEPT OCT NOV DEC 

Bridge Openings for 2006 

233 191 307 392 436 394 451 392 349 386 326 317 

Boat Passages for 2006 

273 157 463 1207 1659 1538 1486 1024 921 1234 1392 481 

Bridge Openings for 2005 

218 165 313 322 441 439 474 413 327 393 331 297 


cprice-sewell on PROD1PC62 with PROPOSALS