This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

53262 

Vol. 75, No. 168 

Tuesday, August 31, 2010 

DEPARTMENT OF JUSTICE 

28 CFR Part 16 

[CPCLO Order No. 004–2010] 

Privacy Act of 1974; System of 

Records 

AGENCY: Federal Bureau of 

Investigation, Department of Justice 

ACTION: Notice of proposed rulemaking. 

SUMMARY: Elsewhere in the Federal 

Register, the Federal Bureau of 

Investigation (FBI), a component of the 

Department of Justice, has published a 

notice of a new Privacy Act system of 

records, JUSTICE/FBI–021, the Data 

Integration and Visualization System 

(DIVS). In this notice of proposed 

rulemaking, the FBI proposes to exempt 

this system from certain provisions of 

the Privacy Act in order to avoid 

interference with the national security 

and criminal law enforcement functions 

and responsibilities of the FBI. Public 

comment is invited. 

DATES: Comments must be received by 

September 30, 2010. 

ADDRESSES: Address all comments to 

Privacy Analyst, Office of Privacy and 

Civil Liberties, National Place Building, 

1331 Pennsylvania Ave., NW., Suite 

940, Washington, DC 20530–0001 or 

facsimile 202–307–0693. To ensure 

proper handling, please reference the 

CPCLO Order No. in your 

correspondence. You may review an 

electronic version of the proposed rule 

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

also comment via the Internet to the 

Privacy and Civil Liberties Office at DOJ

PrivacyACTProposedRegulations

@usdoj.gov; or by using the comment 

form for this regulation at http:// 

www.regulations.gov. Please include the 

CPCLO Order No. in the subject box. 

Please note that the Department is 

requesting that electronic comments be 

submitted before midnight Eastern 

Daylight Savings Time on the day the 

comment period closes because http:// 

www.regulations.gov terminates the 

public’s ability to submit comments at 

midnight Eastern time on the day the 

comment period closes. Commenters in 

time zones other than Eastern 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 personal 

identifying information (such as your 

name, address, etc.) voluntarily 

submitted by the commenter. 

If you want to submit personal 

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 

phrase ‘‘PERSONAL IDENTIFYING 

INFORMATION’’ in the first paragraph 

of your comment. You must also place 

all the personal 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 

phrase ‘‘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. 

Personal 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 paragraph. 

FOR FURTHER INFORMATION CONTACT: Erin 

Page, Assistant General Counsel, 

Privacy and Civil Liberties Unit, Office 

of the General Counsel, FBI, 

Washington, DC 20535–0001, telephone 

202–324–3000. 

SUPPLEMENTARY INFORMATION: In the 

Notice section of today’s Federal 

Register, the FBI published a new 

Privacy Act system of records, the Data 

Integration and Visualization System 

(DIVS), Justice/FBI–021. The system 

enhances the analysis and presentation 

of data maintained in support of the 

FBI’s multifaceted investigative mission 

by enabling access, search, integration, 

and analytics across multiple existing 

databases. The system also allows users 

to save their queries and create a 

separate record of relevant identifiers 

and information. 

In this rulemaking, the FBI proposes 

to exempt certain records in this Privacy 

Act system of records from certain 

provisions of the Privacy Act in order to 

avoid interference with the law 

enforcement, intelligence and 

counterintelligence, and 

counterterrorism responsibilities of the 

FBI as established in federal law and 

policy. 

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 Business Regulatory Enforcement 

Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996, codified as a note to 5 U.S.C. 601, 

requires the FBI to comply with small 

entity requests for information and 

advice about compliance with statutes 

and regulations within FBI 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:// 

www.sba.gov/advo/archive/

sum_sbrefa.html. 


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Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Proposed Rules 53263 

Paperwork Reduction Act 

The Paperwork Reduction Act of 

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

the FBI consider the impact of 

paperwork and other information 

collection burdens imposed on the 

public. There are no current or new 

information collection requirements 

associated with this proposed rule. The 

records that are contributed to DIVS are 

created by the FBI or other law 

enforcement and intelligence entities 

and 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 16.96 is amended by 

adding 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); 

(d)(1), (2), (3) and (4); (e)(1), (2) and (3); 

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

and (g) of the Privacy Act: 

(1) Data Integration and Visualization 

System (DIVS), (JUSTICE/FBI–021). 

(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/or (k). Where 

compliance would not appear to 

interfere with or adversely affect the 

intelligence and law enforcement 

purpose of this system, and the overall 

law enforcement process, the applicable 

exemption may be waived by the FBI in 

its sole discretion. 

(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 

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 an investigation and to take 

measures to impede the investigation, 

e.g., destroy evidence or flee 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) as well as 

the access to accounting of disclosures 

provision of subsection (c)(3). 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 records, it 

will share that information in 

appropriate cases. 

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

and (4), (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 and/or other law 

enforcement or intelligence agencies. 

Providing access could compromise 

sensitive information classified to 

protect national security; disclose 

information which 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. 

(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, and a major tenet 

of DIVS is that 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 subsection (e)(2) and (3) 

because application of this provision 

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 


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53264 Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Proposed Rules 

of the records searched by and/or 

contained in DIVS may 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: August 20, 2010. 

Nancy C. Libin, 

Chief Privacy and Civil Liberties Officer. 

[FR Doc. 2010–21247 Filed 8–30–10; 8:45 am] 

BILLING CODE 4410–02–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 334 

Restricted Area in Cape Fear River and 

Tributaries at Sunny Point Army 

Terminal, Brunswick County, NC 

AGENCY: U.S. Army Corps of Engineers, 

DoD. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Army requested that 

the U.S. Army Corps of Engineers 

(Corps) revise the regulation for the 

restricted area in the Cape Fear River 

and its tributaries at Sunny Point Army 

Terminal, Brunswick County, North 

Carolina, by renaming the marker buoys 

and specifying the latitude and 

longitude for those buoys. There are no 

other changes proposed for this 

restricted area regulation. The purpose 

of the proposed rule is to correct the 

buoys designating the boundary of the 

restricted area which provide security 

for the facility, and prevent acts of 

terrorism, sabotage, or other criminal 

acts against the facility, including 

vessels loading and offloading at the 

Sunny Point Army Terminal. In the 

‘‘Rules and Regulations’’ section of the 

Federal Register, we are publishing this 

change to the restricted area regulation 

as a direct final rule without prior 

proposal because we view this as a noncontroversial adjustment to our 

restricted area regulations and 

anticipate no adverse comment. We 

have explained our reasons for this 

approval in the preamble to the direct 

final rule. If we receive no adverse 

comment, we will not take further 

action on this rule and it will go into 

effect. If we receive adverse comment, 

we will withdraw the direct final rule 

and it will not take effect. We will 

address all public comments in a 

subsequent final rule based on this 

proposed rule. We will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. 

DATES: Written comments must be 

received by September 30, 2010. 

SUPPLEMENTARY INFORMATION: This 

document concerns the ‘‘Restricted Area 

in Cape Fear River and tributaries at 

Sunny Point Army Terminal, Brunswick 

County, NC’’ rule. For further 

information, including instructions on 

how to submit comments, please see the 

information provided in the direct final 

rule that is located in the ‘‘Rules and 

Regulations’’ section of this Federal 

Register publication. 

Dated: August 13, 2010. 

Michael G. Ensch, 

Chief, Operations, Directorate of Civil Works. 

[FR Doc. 2010–21746 Filed 8–30–10; 8:45 am] 

BILLING CODE 3720–58–P 

DEPARTMENT OF DEFENSE 

Department of the Army 

Corps of Engineers 

33 CFR Part 334 

United States Marine Corps, Marine 

Corps Base Quantico, Quantico VA; 

Restricted Area 

AGENCY: U.S. Army Corps of Engineers, 

Department of Defense. 

ACTION: Notice of proposed rulemaking 

and request for comments. 

SUMMARY: The Corps of Engineers 

(Corps) is proposing to amend its 

regulations to establish a permanent 

restricted area in the waters of the 

Potomac River in the vicinity of Marine 

Corps Base (MCB) Quantico, located in 

Quantico, Virginia. The establishment of 

a permanent restricted area is necessary 

to reflect the current security and safety 

needs at MCB Quantico, including 

protection of military assets at the 

Marine Corps Air Facility (MCAF) 

Quantico, which include the 

Presidential Helicopter Squadron. The 

assets located on MCAF Quantico are 

considered national assets of strategic 

value and require the increased 

protection obtained by restricting all 

public access to within 500 meters of 

the MCAF shoreline. The proposed 

restricted area provides standoff from 

most small arms weapons, acts as a 

security buffer, and assists USMC 

security forces in determining intent 

amongst heavy boat traffic. 

Additionally, there is an extreme hazard 

to small craft and vessels operating in 

close proximity to the MCAF due to jet 

and prop wash from heavy jet and rotary 

wing aircraft operating at low altitudes 

while conducting takeoff and landing 

operations. The proposed restricted area 

protects public safety by denying 

vessels access to this danger. The 

restricted area is also required to protect 

public health by preventing vessels from 

disturbing a planned environmental 

remediation area located in the vicinity 

of MCAF. The restricted area will 

extend approximately 500 meters from 

the shoreline of MCB/MCAF Quantico 

and will include the Chopawamsic 

Creek channel. 

DATES: Written comments must be 

submitted on or before September 30, 

2010. 

ADDRESSES: You may submit comments, 

identified by docket number COE– 

2010–0032, by any of the following 

methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

E-mail: 

david.b.olson@usace.army.mil. Include 

the docket number, COE–2010–0032, in 

the subject line of the message. 

Mail: U.S. Army Corps of Engineers, 

Attn: CECW–CO–R (David B. Olson), 

441 G Street, NW., Washington, DC 

20314–1000. 

Hand Delivery/Courier: Due to 

security requirements, we cannot 

receive comments by hand delivery or 

courier. 

Instructions: Direct your comments to 

docket number COE–2010–0032. All 

comments received will be included in 

the public docket without change and 

may be made available on-line at 

http://www.regulations.gov, including 

any personal information provided, 

unless the commenter indicates that the 

comment includes information claimed 

to be Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. Do 

not submit information that you 

consider to be CBI, or otherwise 

protected, through regulations.gov or 

e-mail. The regulations.gov Web site is 

an anonymous access system, which 

means we will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail directly to the 

Corps without going through 


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