Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Rules and Regulations 23117 

phrase ‘‘pursuant to 5 U.S.C. 552a(j)(2)’’ 

after the phrase ‘‘[t]he following system 

of records is exempt’’ to clarify the 

statutory reason for the exemption. 

List of Subjects in 28 CFR Part 16 

Administrative practices and 

procedures, Courts, Freedom of 

Information Act, Government in the 

Sunshine 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, 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. Section 16.134 is added to subpart 

E to read as follows: 

§ 16.134 Exemption of Debt Collection 

Enforcement System, Justice/DOJ–016. 

(a) The following system of records is 

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

from subsections (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. In addition, the system is 

exempt pursuant to 5 U.S.C. 552a(k)(2) 

from subsections (c)(3); (d)(1), (2), (3), 

and (4); (e)(1); (4)(G), (H), and (I); and 

(f). These exemptions apply only to the 

extent that information in this system is 

subject to exemption pursuant to 5 

U.S.C. 552a(j)(2) or (k)(2). Where 

compliance would not appear to 

interfere with or adversely affect the law 

enforcement purposes of this system, or 

the overall law enforcement process, the 

applicable exemption may be waived by 

the DOJ in its sole discretion. 

(b) 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 certain records in this 

system are 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 investigative 

interest in the individual. Revealing this 

information may thus compromise 

ongoing law enforcement efforts. 

Revealing this information may also 

permit the record subject to take 

measures to impede the investigation, 

such as destroying evidence, 

intimidating potential witnesses or 

fleeing the area to avoid the 

investigation. 

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

requirements because certain records in 

this system are exempt from the access 

and amendment provisions of 

subsection (d) as well as the access to 

accounting of disclosures provision of 

subsection (c)(3). 

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

and (4) because access to the records 

contained in this system might 

compromise ongoing investigations, 

reveal confidential informants, or 

constitute unwarranted invasions of the 

personal privacy of third parties who 

are involved in a certain investigation. 

Amendment of the records would 

interfere with ongoing debt collection 

investigations or other law enforcement 

proceedings and impose an impossible 

administrative burden by requiring 

investigations to be continuously 

reinvestigated. 

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

is not always possible to know in 

advance what information is relevant 

and necessary for law enforcement 

purposes. 

(5) From subsection (e)(2) to avoid 

impeding law enforcement efforts 

associated with debt collection by 

putting the subject of an investigation 

on notice of that fact, thereby permitting 

the subject to engage in conduct 

intended to frustrate or impede that 

investigation. 

(6) From subsection (e)(3) to avoid 

impeding law enforcement efforts in 

conjunction with debt collection by 

putting the subject of an investigation 

on notice of that fact, thereby permitting 

the subject to engage in conduct 

intended to frustrate or impede that 

investigation. 

(7) From subsection (e)(4)(G), (H) and 

(I) because portions of this system are 

exempt from the access provisions of 

subsection (d) pursuant to subsections 

(j) and (k) of the Privacy Act. 

(8) From subsection (e)(5) because 

many of the records in this system are 

records contributed by other agencies 

and the restrictions imposed by (e)(5) 

would limit the utility of the system. 

(9) 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 DOJ and 

may alert the subjects of law 

enforcement investigations, who might 

be otherwise unaware, to the fact of 

those investigations. 

(10) From subsections (f) and (g) to 

the extent that the system is exempt 

from other specific subsections of the 

Privacy Act. 

Dated: April 5, 2012. 

Nancy C. Libin, 

Chief Privacy and Civil Liberties Officer, 

United States Department of Justice. 

[FR Doc. 2012–9001 Filed 4–17–12; 8:45 am] 

BILLING CODE 4410–CN–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1926 

Rigging Equipment for Material 

Handling Construction Standard; 

Correction and Technical Amendment 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Final rule; correction and 

technical amendment. 

SUMMARY: OSHA is correcting its sling 

standard for construction titled ‘‘Rigging 

Equipment for Material Handling’’ by 

removing the rated capacity tables and 

making minor, nonsubstantive revisions 

to the regulatory text. 

DATES: The effective date for the 

corrections and technical amendment to 

the standards is April 18, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Press inquiries: Frank Meilinger, 

Director, Office of Communications, 

OSHA, U.S. Department of Labor, Room 

N–3647, 200 Constitution Avenue NW., 

Washington, DC 20210; telephone: (202) 

693–1999. 

General and technical information: 

Kenneth Stevanus, OSHA Office of 

Engineering Safety, OSHA, Room N– 

3621, U.S. Department of Labor, 200 

Constitution Avenue NW., Washington, 

DC 20210; telephone: (202) 693–2260. 

SUPPLEMENTARY INFORMATION: 

Background 

In OSHA’s Standards Improvement 

Project-Phase III final rule, published on 

June 8, 2011, the Agency stated that it 

was amending its standards regulating 

slings for general industry, shipyard 

employment, and construction by 

removing outdated tables that specify 

safe working loads, and revising other 

provisions that referenced the outdated 

tables (see 76 FR at 33591 and 33597). 

To replace these tables, OSHA added 

requirements that prohibit employers 

from loading slings in excess of the 

recommended safe working load 

prescribed on identification markings 

located on, or attached to, each sling; 

these requirements also prohibit the use 

mstockstill on DSK4VPTVN1PROD with RULES

23118 Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Rules and Regulations 

of slings that do not have such 

markings. 

While OSHA removed the loadcapacity tables for slings from 

§ 1910.184 (general industry; tables N– 

184–1, and N–184–3 through N–184–22) 

and § 1915.118 (shipyard employment; 

tables G–1 through G–5, G–7 through G– 

8, and G–10), including references to 

these tables in § 1915.112 and 

§ 1915.113, the Agency failed to include 

in the regulatory text provisions to 

remove the tables in § 1926.251 

(construction; tables H–1, and H–3 

through H–19), and redesignate Table 

H–2 to H–1 and Table H–20 to H–2. 

This notice, therefore, amends 

§ 1926.251 by removing most of the 

existing tables (H–1, and H–3 through 

H–19), redesignating Table H–2 as Table 

H–1 and Table H–20 as Table H–2, and 

revising paragraphs (b)(5) and (c)(5) to 

indicate the new table number. 

List of Subjects in 29 CFR Part 1926 

Occupational safety and health, 

Construction, Shackles, Slings. 

Authority and Signature 

David Michaels, MPH, Ph.D., 

Assistant Secretary of Labor for 

Occupational Safety and Health, U.S. 

Department of Labor, 200 Constitution 

Avenue NW., Washington, DC 20210, 

authorized the preparation of this 

document. Accordingly, pursuant to 

Section 6 of 29 U.S.C. 655, Section 4 of 

5 U.S.C. 553, Secretary of Labor’s Order 

No. 1–2012 (77 FR 3912), and 29 CFR 

1911.5. 

Signed at Washington, DC, on April 9, 

2012. 

David Michaels, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

Accordingly, OSHA is amending 29 

CFR part 1926 by making the following 

corrections and technical amendments: 

PART 1926—SAFETY AND HEALTH 

REGULATIONS FOR CONSTRUCTION 

Subpart H—Materials Handling, 

Storage, Use, and Disposal 

■ 1. Revise the authority citation for 

subpart H to read as follows: 

Authority: 40 U.S.C. 3701; 29 U.S.C. 653, 

655, 657; and Secretary of Labor’s Order No. 

12–71 (36 FR 8754), 8–76 (41 FR 25059), 9– 

83 (48 FR 35736), 1–90 (55 FR 9033), 4–2010 

(75 FR 55355), or 1–2012 (77 FR 3912), as 

applicable. Section 1926.250 also issued 

under 29 CFR part 1911. 

■ 2. Amend § 1926.251 as follows: 

■ a. Revise paragraph (b)(5) and (c)(5) 

introductory text; 

■ b. Add a reserved paragraph (c)(5)(ii); 

■ c. Remove Tables H–1 and H–3 

through H–19; and 

■ d. Redesignate Table H–2 as Table 

H–1 and Table H–20 as Table H–2. 

The revisions read as follows: 

§ 1926.251 Rigging equipment for material 

handling. 

* * * * * 

(b) * * * 

(5) Whenever wear at any point of any 

chain link exceeds that shown in Table 

H–1, the assembly shall be removed 

from service. 

* * * * * 

(c) * * * 

(5) When U-bolt wire rope clips are 

used to form eyes, Table H–2 shall be 

used to determine the number and 

spacing of clips. 

* * * * * 

[FR Doc. 2012–8881 Filed 4–17–12; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2012–0249] 

Annual Marine Events in the Eighth 

Coast Guard District, Blessing of the 

Fleet; Bayou La Batre; Bayou La Batre, 

AL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

Special Local Regulations for the 

Blessing of the Fleet in Bayou La Batre, 

AL from 2 p.m. until 4 p.m. on May 6, 

2012. This action is necessary for the 

safety of participants and spectators, 

including all crews, vessels, and 

persons on navigable waters during the 

Blessing of the Fleet, Bayou La Batre. 

During the enforcement period, entry 

into, transiting or anchoring in the 

regulated area is prohibited to all 

vessels not registered with the sponsor 

as participants or official patrol vessels, 

unless specifically authorized by the 

Captain of the Port (COTP) Mobile or 

the designated Coast Guard Patrol 

Commander. 

DATES: The regulations in 33 CFR 

100.801 will be enforced from 2 p.m. 

until 4 p.m. on May 6, 2012. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice of 

enforcement, call or email LT Lenell J. 

Carson, Coast Guard Sector Mobile, 

Waterways Division; telephone 251– 

441–5940 or email Lenell.J.Carson 

@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the Special Local 

Regulations for the annual Blessing of 

the Fleet, Bayou La Batre event listed in 

33 CFR 100.801 (Table 1, VII. Sector 

Mobile, #158) on May 6, 2012 from 

2 p.m. until 4 p.m. 

Under the provisions of 33 CFR 

100.801, all persons and vessels not 

registered with the sponsor as 

participants or official patrol vessels are 

considered spectators. The ‘‘official 

patrol vessels’’ consist of any Coast 

Guard, state or local law enforcement 

and sponsor provided vessels assigned 

or approved by the Commander, Eighth 

Coast Guard District, to patrol the event. 

Spectator vessels desiring to transit the 

regulated area may do so only with prior 

approval of the Patrol Commander and 

when so directed by that officer and will 

be operated at slowest safe speed in a 

manner which will not endanger 

participants in the event or any other 

craft. No spectator shall anchor, block, 

loiter, or impede the through transit of 

participants or official patrol vessels in 

the regulated area during the effective 

dates and times, unless cleared for entry 

by or through an official patrol vessel. 

The Patrol Commander may forbid and 

control the movement of all vessels in 

the regulated area. When hailed or 

signaled by an official patrol vessel, a 

vessel shall come to an immediate stop 

and comply with the directions given. 

Failure to do so may result in expulsion 

from the area, citation for failure to 

comply, or both. Any spectator vessel 

may anchor outside the regulated area, 

but may not anchor in, block, or loiter 

in a navigable channel. The Patrol 

Commander may terminate the event or 

the operation of any vessel at any time 

it is deemed necessary for the protection 

of life or property. The Patrol 

Commander will terminate enforcement 

of the special regulations at the 

conclusion of the event. 

This notice is issued under authority 

of 33 CFR 100.35, 33 U.S.C. 1233, and 

5 U.S.C. 552(a). In addition to this 

notice in the Federal Register, the Coast 

Guard will provide the maritime 

community with advance notification of 

this enforcement period via Local 

Notice to Mariners and Marine 

Information Broadcasts. 

If the Captain of the Port Mobile or 

Patrol Commander determines that the 

regulated area need not be enforced for 

the full duration stated in this notice of 

enforcement, he or she may use a 

Broadcast Notice to Mariners to grant 

general permission to enter the 

regulated area. 

mstockstill on DSK4VPTVN1PROD with RULES