24878 Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Proposed Rules 

Additional Public Notification 

FSIS will announce the availability of 

this Federal Register notice on-line 

through the FSIS Web page located at 

http://www.fsis.usda.gov/regulations_&_

policies/Proposed_Rules/index.asp. 

FSIS also will make copies of this 

Federal Register publication available 

through the FSIS Constituent Update, 

which is used to provide information 

regarding FSIS policies, procedures, 

regulations, Federal Register notices, 

FSIS public meetings, and other types of 

information that could affect or would 

be of interest to our constituents and 

stakeholders. The Update is 

communicated via Listserv, a free email 

subscription service consisting of 

industry, trade, and farm groups, 

consumer interest groups, allied health 

professionals, scientific professionals, 

and other individuals who have 

requested to be included. The Update 

also is available on the FSIS Web page. 

Through Listserv and the Web page, 

FSIS is able to provide information to a 

much broader, more diverse audience. 

In addition, FSIS offers an email 

subscription service which provides 

automatic and customized access to 

selected food safety news and 

information. This service is available at 

http://www.fsis.usda.gov/ 

news_&_events/email_subscription/. 

Options range from recalls to export 

information to regulations, directives 

and notices. Customers can add or 

delete subscriptions themselves, and 

have the option to password protect 

their accounts. 

Done in Washington, DC on April 23, 2012. 

Alfred V. Almanza, 

Administrator. 

[FR Doc. 2012–10111 Filed 4–25–12; 8:45 am] 

BILLING CODE 3410–DM–P 

DEPARTMENT OF JUSTICE 

28 CFR Part 16 

[CPCLO Order No. 008–2012] 

Privacy Act of 1974; Implementation 

AGENCY: Bureau of Prisons, Department 

of Justice. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: In the Federal Register, the 

Bureau of Prisons (Bureau or BOP), a 

component of the Department of Justice, 

has published a notice of a revised 

Privacy Act system of records, Inmate 

Central Records System (JUSTICE/BOP– 

005). In this notice of proposed 

rulemaking, the Bureau proposes to 

amend its Privacy Act regulations for 

the Inmate Central Records System 

(JUSTICE/BOP–005) by now exempting 

this system from subsections (c)(3) and 

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

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

Act of 1974 pursuant to 5 U.S.C. 552a(j) 

and (k) for the reasons set forth in the 

following text. The exemptions are 

necessary to avoid interference with the 

law enforcement and functions and 

responsibilities of the Bureau. 

Public comment is invited. 

DATES: Comments must be received by 

May 29, 2012. 

ADDRESSES: Address all comments to 

the Privacy Analyst, Office of Privacy 

and Civil Liberties, National Place 

Building, Suite 1000, Washington, DC 

20530, or by facsimile 202–307–0693. 

To ensure proper handling, please 

reference the CPCLO Order number in 

your correspondence. You may review 

an electronic version of the proposed 

rule at http://www.regulations.gov. You 

may also submit a comment via the 

Internet by using the comment form for 

this regulation at http:// 

www.regulations.gov. Please include the 

CPCLO Order number in the subject 

box. 

Please note that the Department is 

requesting that electronic comments be 

submitted before midnight Eastern 

Standard 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 Standard 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 name, 

address, etc.,) voluntarily submitted by 

the commenter. 

If you want to submit personally 

identifying information (such as your 

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 

term ‘‘PERSONALLY IDENTIFYING 

INFORMATION’’ in the first paragraph 

of your comment. You must also place 

all the 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 

term ‘‘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 CONTACT

paragraph. 

FOR FURTHER INFORMATION CONTACT: C. 

Darnell Stroble, Attorney-Advisor, 

Federal Bureau of Prisons, 202–514– 

9180. 

SUPPLEMENTARY INFORMATION: In the 

Notice section of today’s Federal 

Register, the Bureau published a revised 

Privacy Act system of records notice, 

Inmate Central Records System 

(JUSTICE/BOP–005). This system assists 

the Attorney General and the Bureau of 

Prisons in meeting statutory 

responsibilities for the safekeeping, care 

and custody of incarcerated persons. It 

serves as the primary record system on 

these individuals and includes 

information critical to the continued 

safety and security of federal prisons 

and the public. 

In this rulemaking, the Bureau 

proposes to exempt this Privacy Act 

system of records from certain 

provisions of the Privacy Act pursuant 

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

system of records was previously 

exempt from certain provisions of the 

Privacy Act pursuant to 5 U.S.C. 

552a(j)(2), the Bureau is seeking 

additional exemptions pursuant to 5 

U.S.C. 552a(j)(2), adding exemptions 

pursuant to 5 U.S.C. 552a(k), and 

consolidating the exemptions together 

in one location of the Code of Federal 

Register. Therefore, the proposed rule 

seeks to delete all references of the 

Inmate Central Records System 

(JUSTICE/BOP–005) from paragraphs (a) 


emcdonald on DSK29S0YB1PROD with PROPOSALS
Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Proposed Rules 24879 

and (b) of 28 CFR 16.97 and replace 

paragraphs (j) and (k) of 28 CFR 16.97 

with new exemption language as set 

forth in the following text. 

Regulatory Flexibility Act 

This proposed rule relates to 

individuals, as opposed to 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 Entity Inquiries 

The Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996, 5 U.S.C. 601 et seq., requires the 

Bureau to comply with small entity 

requests for information and advice 

about compliance with statutes and 

regulations within Bureau 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:// 

archive.sba.gov/advo/laws/sbrefa.html. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 

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

the BOP consider the impact of 

paperwork and other information 

collection burdens imposed on the 

public. There is no current or new 

information collection requirement 

associated with this proposed rule. The 

records that are contributed to the 

Inmate Central Records system would 

be created in any event by law 

enforcement entities and their 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 104–4, 109 Stat. 48, requires 

Federal agencies to assess the effects of 

certain regulatory actions on State, 

local, and tribal governments, and the 

private sector. UMRA 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, 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, 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, 534; 31 U.S.C. 3717, 9701. 

Subpart E—Exemption of Records 

Systems Under the Privacy Act 

2. Section 16.97 is amended to delete 

all references to ‘‘Inmate Central Record 

System (JUSTICE/BOP–005)’’ from 

paragraphs (a) and (b) and replace (j) 

and (k) with the following: 

§ 16.97 Exemption of Bureau of Prisons 

Systems—limited access. 

* * * * * 

(j) The following system of records is 

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

(k) from subsections (c)(3) and (4); (d); 

(e)(1), (2), (3), (4)(G), (H), and (I), (5), (8); 

(f); and (g): The Inmate Central Records 

System (JUSTICE/BOP–005). 

(k) 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) and/or (k)(2). 

Where compliance would not appear to 

interfere with or adversely affect the law 

enforcement process, and/or where it 

may be appropriate to permit 

individuals to contest the accuracy of 

the information collected, the applicable 

exemption may be waived, either 

partially or totally, by the BOP. 

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 

investigative interest in the individual. 

Revealing this information may thus 

compromise ongoing law enforcement 

efforts, as well as efforts to identify and 

defuse any potential acts of terrorism. 

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 this system is 

exempt from the access and amendment 

provisions of subsection (d). 

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

and (4), because these provisions 

concern individual access to and 

amendment of records, compliance with 

which could jeopardize the legitimate 

correctional interests of safety, security, 

and good order of prison facilities; alert 

the subject of a suspicious activity 

report of the fact and nature of the 

report and any underlying investigation 

and/or the investigative interest of the 

BOP and other law enforcement 

agencies; interfere with the overall law 

enforcement process by leading to the 

destruction of evidence, improper 

influencing of witnesses, and/or flight of 

the subject; possibly identify a 

confidential source or disclose 

information which would constitute an 

unwarranted invasion of another’s 

personal privacy; reveal a sensitive 

investigative or intelligence technique; 

or constitute a potential danger to the 

health or safety of law enforcement 

personnel, confidential informants, and 

witnesses. Although the BOP has rules 

in place emphasizing that records 

should be kept up to date, requirement 

of amendment of these records would 

interfere with ongoing law enforcement 

activities and impose an impossible 

administrative burden by requiring 

investigations, analyses, and reports to 

be continuously reinvestigated and 

revised. 

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

is not always possible to know in 

advance what information is relevant 

and necessary for the proper 

safekeeping, care, and custody of 

incarcerated persons, and for the proper 

security and safety of federal prisons 

and the public. In addition, to the extent 

that the BOP may collect information 

that may also be relevant to the law 

enforcement operations of other 

agencies, in the interests of overall, 

effective law enforcement, such 

information should be retained and 

made available to those agencies with 

such relevant responsibilities. 

(5) From subsections (e)(2) because 

the nature of criminal investigative and 

correctional activities is such that vital 

information about an individual can be 

obtained from other persons who are 

familiar with such individual and his/ 

her activities. In such investigations and 

activities, it is not feasible to rely solely 


emcdonald on DSK29S0YB1PROD with PROPOSALS
24880 Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Proposed Rules 

upon information furnished by the 

individual concerning his/her own 

activities since it may result in 

inaccurate information and compromise 

ongoing criminal investigations or 

correctional management decisions. 

(6) From subsections (e)(3) because in 

view of BOP’s operational 

responsibilities, the application of this 

provision would provide the subject of 

an investigation or correctional matter 

with substantial information which may 

in fact impede the information gathering 

process or compromise ongoing 

criminal investigations or correctional 

management decisions. 

(7) From subsections (e)(4)(G) and (H) 

because this system is exempt from the 

access provisions of subsection (d) 

pursuant to subsections (j) and (k) of the 

Privacy Act. 

(8) From subsection (e)(4)(I) because 

publishing further details regarding 

categories of sources of records in the 

system would compromise ongoing 

investigations, reveal investigatory 

techniques and descriptions of 

confidential informants, or constitute a 

potential danger to the health or safety 

of law enforcement personnel. 

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

the collection and maintenance of 

information for law enforcement 

purposes, it is impossible to determine 

in advance what information is 

accurate, relevant, timely, and complete. 

Data which may seem unrelated, 

irrelevant or incomplete when collected 

may take on added meaning or 

significance during the course of an 

investigation or with the passage of 

time, and could be relevant to future 

law enforcement decisions. In addition, 

because many of these records come 

from the courts and other state and local 

criminal justice agencies, it is 

administratively impossible for them 

and the Bureau to ensure compliance 

with this provision. The restrictions of 

subsection (e)(5) would restrict and 

delay trained correctional managers 

from timely exercising their judgment in 

managing the inmate population and 

providing for the safety and security of 

the prisons and the public. 

(10) From subsection (e)(8), because to 

require individual notice of disclosure 

of information due to a compulsory 

legal process would pose an impossible 

administrative burden on BOP and may 

alert subjects of investigations, who 

might otherwise be unaware, to the fact 

of those investigations. 

(11) From subsection (f) to the extent 

that this system is exempt from the 

provisions of subsection (d). 

(12) From subsection (g) to the extent 

that this system is exempted from other 

provisions of the Act. 

Dated: April 18, 2012. 

Nancy C. Libin, 

Chief Privacy and Civil Liberties Officer, 

United States Department of Justice. 

[FR Doc. 2012–9774 Filed 4–25–12; 8:45 am] 

BILLING CODE 4410–05–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2012–0072] 

RIN 1625–AA00 

Safety Zone; Jet Express Triathlon, 

Sandusky Bay, Lake Erie, Lakeside, 

OH 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a temporary safety zone on the 

waters of Lake Erie in the vicinity of 

East Harbor State Park, OH, from 8 a.m. 

until 10 a.m. on September 9, 2012. This 

proposed safety zone is intended to 

restrict vessels from portions of Lake 

Erie during the Jet Express Triathlon. 

This proposed safety zone is necessary 

to protect participants, spectators and 

vessels from the hazards associated with 

triathlon event. 

DATES: Comments and related materials 

must be received by the Coast Guard on 

or before May 29, 2012. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2012–0072 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. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or email ENS Benjamin Nessia, 

Response Department, Marine Safety 

Unit Toledo, Coast Guard; telephone 

(419) 418–6040, email 

Benjamin.B.Nessia@uscg.mil. If you 

have questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2012–0072), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http:// 

www.regulations.gov) or by fax, mail or 

hand delivery, but please use only one 

of these means. If you submit a 

comment submitted online via 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an email address, 

or a telephone number in the body of 

your document so that we can contact 

you if we have questions regarding your 

submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–2012–0072’’ in the ‘‘Keyword’’ 

box. If you submit your comments by 

mail or hand delivery, submit them in 

an unbound format, no larger than 81⁄2

by 11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the Facility, 

please enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period and may 

change the rule based on your 

comments. 


emcdonald on DSK29S0YB1PROD with PROPOSALS