8916 Federal Register / Vol. 65, No. 36 / Wednesday, February 23, 2000 / Proposed Rules

DEPARTMENT OF JUSTICE

28 CFR Part 16

[AAG/A Order No. 193–2000]

Privacy Act of 1974; Implementation

AGENCY: Department of Justice.

ACTION: Proposed rule.

SUMMARY: The Department of Justice,

Environment and Natural Resources

Division, proposes to amend 28 CFR

part 16 to exempt a system of records

from certain provisions of the Privacy

Act, 5 U.S.C. 552a. The system of

records may contain information which

relates to official Federal investigations

and matters of law and regulatory

enforcement. Accordingly, where

applicable, the exemption is necessary

to avoid interference with law and

regulatory enforcement functions.

Specifically, the Division proposes to

exempt the Environment and Natural

Resources Division Case and Related

Files System, JUSTICE/ENRD–003, from

subsections (c)(3) and (4), (d), (e)(1),

(e)(2), (e)(3), (e)(5), (e)(8), and (g) of the

Privacy Act. These exemptions are

necessary to protect the confidentiality

of civil investigatory and criminal law

enforcement materials and of properly

classified information.

DATES: All comments must be received

by April 3, 2000.

ADDRESSES: Address all comments to

Mary Cahill, Management Analyst,

Management and Planning Staff, Justice

Management Division, Department of

Justice, National Place Building, Room

1400 North, 1331 Pennsylvania Avenue,

NW, Washington, DC 20530.

FOR FURTHER INFORMATION CONTACT:

Mary E. Cahill at (202) 307–1823.

SUPPLEMENTARY INFORMATION:

Regulatory Flexibility Act:

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, it is

hereby stated that the order will not

have a significant economic impact on

a substantial number of small entities.

Executive Order 12988

The rule complies with the applicable

standards provided in sections 3(a) and

3(b)(2) of Executive Order No. 12988.

Executive Order 12866

The Attorney General has determined

that this rule is not a significant

regulatory action under Executive Order

No. 12966, and accordingly, this rule

has not been reviewed by the Office of

Management and Budget.

List of Subjects in Part 16

Administrative Practices and

Procedures, Courts, Freedom of

Information Act, Privacy Act, and

Government in Sunshine Act.

Dated: January 27, 2000.

Stephen R. Colgate,

Assistant Attorney General for

Administration.

Pursuant to the authority vested in the

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

delegated to me by the Attorney General

Order 793–78, 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.

2. Section 16.92 is amended by

revising paragraphs (a) and (b) to read

as follows:

§ 16.92 Exemption of Environment and

Natural Resources Division Systems—

Limited Access.

(a)(1) The following system of records

is exempted pursuant to 5 U.S.C.

552a(j)(2) from subsections (c)(3) and

(4), (d), (e)(1), (e)(2), (e)(3), (e)(5), (e)(8),

(f) and (g); in addition, the following

systems of records are exempted

pursuant to 5 U.S.C. 552a(k)(1) and

(k)(2) from subsections (c)(3), (d), and

(e)(1):

(i) Environment and Natural

Resources Division Case and Related

Files System, JUSTICE/ENRD–003.

(ii) [Reserved]

(2) These exemptions apply only to

the extent that information in this

system relates to the investigation,

prosecution or defense of actual or

potential criminal or civil litigation, or

which has been properly classified in

the interest of national defense and

foreign policy, and therefore is subject

to exemption pursuant to 5 U.S.C.

552a(j)(2), (k)(1) and (k)(2). To the extent

that information in a record pertaining

to an individual does not relate to

national defense or foreign policy,

official Federal investigations, and/or

law enforcement matters, the exemption

does not apply. In addition, where

compliance would not appear to

interfere with or adversely affect the

overall law or regulatory enforcement

process, the applicable exemption may

be waived by the Environment and

Natural Resources Division.

(b) Only that information that relates

to the investigation, prosecution or

defense of actual or potential criminal

or civil litigation, or which has been

properly classified in the interest of

national defense and foreign policy is

exempted for the reasons set forth from

the following subsections:

(1) Subsection (c)(3). Subsection (c)(3)

requires an agency to provide an

accounting of disclosures of records

concerning an individual. To provide

the subject of a criminal or civil matter

or case under investigation with an

accounting of disclosures of records

would inform that individual (and

others to whom the subject might

disclose the records) of the existence,

nature, or scope of that investigation

and thereby seriously impede law

enforcement efforts by permitting the

record subject and others to avoid

criminal penalties and civil remedies.

(2) Subsections (c)(4) (requiring an

agency to inform individuals about any

corrections made to a record that has

been disclosed) and (g) (providing for

civil remedies when an agency fails to

comply with these provisions). These

provisions are inapplicable to the extent

that this system of records is exempted

from subsection (d).

(3) Subsection (d). Subsection (d)

requires an agency to allow individuals

to gain access to a record about him or

herself; to dispute the accuracy,

relevance, timeliness or completeness of

such records; and to have an

opportunity to amend his or her record

or seek judicial review. To the extent

that information contained in this

system has been properly classified,

relates to the investigation and/or

prosecution of grand jury, civil fraud,

and other law enforcement matters,

disclosure could comprise matters

which should be kept secret in the

interest of national security or foreign

policy; compromise confidential

investigations or proceedings; impede

affirmative enforcement actions based

upon alleged violations of regulations or

of civil or criminal laws; reveal the

identity of confidential sources; and

result in unwarranted invasions of the

privacy of others. Amendment of the

records would interfere with ongoing

criminal law enforcement proceedings

and impose an impossible

administrative burden by requiring

criminal investigations to be

continuously reinvestigated.

(4) Subsection (e)(1). Subsection (e)(1)

requires an agency to maintain in its

records only such information about an

individual that is relevant and necessary

to accomplish the agency’s purpose. In

the course of criminal or civil

investigations, cases, or other matters,

the Environment and Natural Resources

Division may obtain information

concerning the actual or potential

violation of laws which are not strictly

Federal Register / Vol. 65, No. 36 / Wednesday, February 23, 2000 / Proposed Rules 8917

within its statutory authority. In the

interest of effective law enforcement, it

is necessary to retain such information

since it may establish patterns of

criminal activity or avoidance of other

civil obligations and provide leads for

Federal and other law enforcement

agencies.

(5) Subsections (e)(2). Subsection

(e)(2) requires an agency to collect

information to the greatest extent

practicable from the subject individual

when the information may result in

adverse determinations about an

individual’s rights, benefits and

privileges under Federal programs. To

collect information from the subject of

a criminal investigation or prosecution

would present a serious impediment to

law enforcement in that the subject (and

others with whom the subject might be

in contact) would be informed of the

existence of the investigation and would

therefore be able to avoid detection or

apprehension, to influence witnesses

improperly, to destroy evidence, or to

fabricate testimony.

(6) Subsection (e)(3). Subsection (e)(3)

requires an agency to inform each

individual whom it asks to supply

information, on a form that can be

retained by the individual, the authority

which authorizes the solicitation, the

principal purpose for the information,

the routine uses of the information, and

the effects on the individual of not

providing the requested information. To

comply with this requirement during

the course of a criminal investigation or

prosecution could jeopardize the

investigation by disclosing the existence

of a confidential investigation, revealing

the identify of witnesses or confidential

informants, or impeding the information

gathering process.

(7) Subsection (e)(5). Subsection (e)(5)

requires an agency to maintain records

with such accuracy, relevance,

timeliness, and completeness as is

reasonably necessary to assure fairness

to the individual. In compiling

information for criminal law

enforcement purposes, the accuracy,

completeness, timeliness and relevancy

of the information obtained cannot

always be immediately determined. As

new details of an investigation come to

light, seemingly irrelevant or untimely

information may acquire new

significance and the accuracy of such

information can often only be

determined in a court of law.

Compliance with this requirement

would therefore restrict the ability of

government attorneys in exercising their

judgment in developing information

necessary for effective law enforcement.

(8) Subsection (e)(8). Subsection (e)(8)

requires agencies to make reasonable

efforts to serve notice on an individual

when any record on the individual is

made available to any person under

compulsory legal process. To serve

notice would give persons sufficient

warning to evade law enforcement

efforts.

(9) Subsections (f) and (g). Subsection

(f) requires an agency to establish

procedures to allow an individual to

have access to information about him or

herself and to contest information kept

by an agency about him or herself.

Subsection (g) provides for civil

remedies against agencies who fail to

comply with the Privacy Act

requirements. These provisions are

inapplicable to the extent that this

system is exempt from the access and

amendment provisions of subsection

(d).

* * * * *

[FR Doc. 00–3117 Filed 2–22–00; 8:45 am]

BILLING CODE 4410–30–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 167

[USCG–1999–4974]

Port Access Route Study; Strait of

Juan de Fuca and Adjacent Waters

AGENCY: Coast Guard, DOT.

ACTION: Notice of preliminary study

recommendations with request for

comments.

SUMMARY: The Coast Guard announces

preliminary study recommendations of

a Port Access Route Study which is

evaluating the continued applicability

of and the need for modifications to the

current vessel routing measures in and

around the Strait of Juan de Fuca and

adjacent waters. The goals of the study

are to help reduce the risk of marine

casualties and increase vessel traffic

management efficiency in the study

area. Preliminary recommendations

indicate that marine transportation

safety can be enhanced through several

modifications to the existing vessel

routing system and limited regulatory

changes. The Coast Guard solicits

comments on the preliminary

recommendations presented in this

document so we can complete our Port

Access Route Study.

DATES: Comments and related material

must reach the Docket Management

Facility on or before April 24, 2000.

ADDRESSES: To make sure your

comments and related material are not

entered more than once in the docket,

please submit them by only one of the

following means:

(1) By mail to the Docket Management

Facility (USCG–1999–4974), U.S.

Department of Transportation, room PL–

401, 400 Seventh Street SW.,

Washington, DC 20590–0001.

(2) By hand delivery to room PL–401

on the Plaza level of the Nassif Building,

400 Seventh Street SW., Washington,

DC, between 9 a.m. and 5 p.m., Monday

through Friday, except Federal holidays.

The telephone number is 202–366–

9329.

(3) By fax to the Docket Management

Facility at 202–493–2251.

(4) Electronically through the Web

Site for the Docket Management System

at http://dms.dot.gov.

The Docket Management Facility

maintains the public docket for this

document. Comments and material

received from the public, as well as

documents mentioned in this preamble

as being available in the docket, will

become part of this docket and will be

available for inspection or copying at

room PL–401 on the Plaza level of the

Nassif Building, 400 Seventh Street

SW., Washington, DC, between 9 a.m.

and 5 p.m., Monday through Friday,

except Federal holidays. You may also

find this docket on the Internet at http:/

/dms.dot.gov.

Additional information and charts

showing the recommended changes will

be posted on the Thirteenth Coast Guard

District Web Site which can be accessed

at http://www.uscg.mil/d13/pars/

sjdf.html. If you do not have Web

access, then you may obtain the

additional information and paper copies

of the charts by contacting LT Steve

Wheeler at 206–220–7274, e-mail

Swheeler@pacnorwest.uscg.mil.

FOR FURTHER INFORMATION CONTACT: For

questions on this document, contact

John Mikesell, Chief, Plans and

Programs Section, Aids to Navigation

and Waterways Management Branch,

Thirteenth Coast Guard District,

telephone 206–220–7272, e-mail

Jmikesell@pacnorwest.uscg.mil; or

George Detweiler, Office of Vessel

Traffic Management, Coast Guard,

telephone 202–267–0416, e-mail

Gdetweiler@comdt.uscg.mil. For

questions on viewing or submitting

material to the docket, call Dorothy

Walker, Chief, Dockets, Department of

Transportation, telephone 202–366–

9329.

SUPPLEMENTARY INFORMATION:

Request for Comments

We encourage you to participate in

this study by submitting comments and

related material. If you do so, please