Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Rules and Regulations 61275 

SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST—Continued 

Country Entity License requirement License review policy Federal Register citation 

Flamar Shipping Ltd, P.O. Box 3321, 

Road Town, Tortola, British Virgin 

Islands. 

For all items subject to 

the EAR. (See 

§ 744.11 of the EAR.) 

Presumption of denial .... 77 FR [INSERT FR PAGE 

NUMBER ] 10/9/2012. 

*****

Latebrook Trading Ltd, Drake Chambers, Road Town, Tortola, British 

Virgin Islands. 

For all items subject to 

the EAR. (See 

§ 744.11 of the EAR.) 

Presumption of denial .... 77 FR [INSERT FR PAGE 

NUMBER ] 10/9/2012. 

*****

Nelford United Corp, P.O. Box 3321, 

Road Town, Tortola, British Virgin 

Islands. 

For all items subject to 

the EAR. (See 

§ 744.11 of the EAR.) 

Presumption of denial .... 77 FR [INSERT FR PAGE 

NUMBER ] 10/9/2012. 

*****

Oystercredit Ltd Ogb, OMC Chambers, Wickhams Cay 1, Road 

Town, Tortola, British Virgin Islands. 

For all items subject to 

the EAR. (See 

§ 744.11 of the EAR.) 

Presumption of denial .... 77 FR [INSERT FR PAGE 

NUMBER ] 10/9/2012. 

Profin Estates, Inc., Palm Chambers 

5, Suite 120, The Lake Building, 

Wickhams Cay 1, P.O. Box 3175, 

Road Town, Tortola, British Virgin 

Islands 

For all items subject to 

the EAR. (See 

§ 744.11 of the EAR.) 

Presumption of denial .... 77 FR [INSERT FR PAGE 

NUMBER ] 10/9/2012. 

*****

Unimont S.A., Drake Chambers, P.O. 

Box 3321, Road Town, Tortola, 

British Virgin Islands. 

For all items subject to 

the EAR. (See 

§ 744.11 of the EAR.) 

Presumption of denial .... 77 FR [INSERT FR PAGE 

NUMBER ] 10/9/2012. 

Voltero Alliance LLP, 45–51 Newhall 

Street 330, Birmingham, West Midlands, B3 3RB, United Kingdom. 

For all items subject to 

the EAR. (See 

§ 744.11 of the EAR.) 

Presumption of denial .... 77 FR [INSERT FR PAGE 

NUMBER ] 10/9/2012. 

Dated: October 2, 2012. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2012–24760 Filed 10–5–12; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF JUSTICE 

28 CFR Part 16 

[CPCLO Order No. 014–2012] 

Privacy Act of 1974: Implementation 

AGENCY: Federal Bureau of 

Investigation, Department of Justice. 

ACTION: Final rule. 

SUMMARY: The Department of Justice 

(DOJ or Department) is issuing a final 

rule for the new Federal Bureau of 

Investigation (FBI) Privacy Act system 

of records titled FBI Data Warehouse 

System, JUSTICE/FBI–022. This system 

is being exempted from the subsections 

of the Privacy Act listed below for the 

reasons set forth in the following text. 

Information in this system of records 

relates to law enforcement matters, and 

the exemptions are necessary to avoid 

interference with the national security 

and criminal law enforcement functions 

and responsibilities of the FBI. 

DATES: Effective Date: October 9, 2012. 

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: Notice of 

the proposed rule with invitation to 

comment was published on July 10, 

2012, at 77 FR 40539. The Department 

received one comment from a member 

of the public questioning the legality 

and appropriateness of the proposed 

exemptions. The Department has 

carefully considered the comment but 

has declined to adopt it because these 

exemptions are expressly authorized by 

the Privacy Act and are appropriate and 

justified for the reasons set forth in the 

rule. 

List of Subjects in 28 CFR Part 16 

Administrative practices and 

procedures, Courts, Freedom of 

Information, Privacy, Sunshine 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, 28 CFR part 16 is 

amended 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, 

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

Subpart E—Exemption of Records 

Systems Under the Privacy Act 

■ 2. Amend § 16.96 to 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 records is 

exempt from 5 U.S.C. 552a(c)(3) and (4); 


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61276 Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Rules and Regulations 

(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 

Department of Justice (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). 

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

and (4) and (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 or other law 

enforcement or intelligence agencies. 

Providing access could compromise 

sensitive information classified to 

protect national security; disclose 

information that 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 subsections (e)(2) and (3) 

because application of these provisions 

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: September 27, 2012. 

Joo Y. Chung, 

Acting Chief Privacy and Civil Liberties 

Officer. 

[FR Doc. 2012–24753 Filed 10–5–12; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0402; FRL–9738–7] 

Approval and Promulgation of 

Implementation Plans; Mississippi; 

110(a)(1) and (2) Infrastructure 

Requirements for the 1997 and 2006 

Fine Particulate Matter National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve the State Implementation Plan 

(SIP) submissions, submitted by the 

State of Mississippi, through the 

Mississippi Department of 

Environmental Quality (MDEQ), as 

demonstrating that the State meets 

portions of the SIP requirements of 

sections 110(a)(1) and (2) of the Clean 

Air Act (CAA or Act) for the 1997 

annual and 2006 24-hour fine 

particulate matter (PM2.5) national 

ambient air quality standards (NAAQS). 

Section 110(a) of the CAA requires that 


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