Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Proposed Rules 10495

Comments may be hand delivered to the

same address from 9:00 a.m. to 4:00

p.m. Monday through Friday or sent by

facsimile to 202–273–3153.

FOR FURTHER INFORMATION CONTACT:

Nancy Pierskalla, Management Analyst,

Indian Gaming Management Staff

Office, at 202–219–4068.

SUPPLEMENTARY INFORMATION: On Friday,

June 7, 1996, the Bureau of Indian

Affairs published a proposed rule, 61 FR

29044, concerning Tribal Revenue

Allocation Plans. The deadline for

receipt of comments was August 6,

1996. On Thursday, February 20, 1997,

the Bureau published a notice at 62 FR

7742 to extend the comment period

until March 24, 1997. The notice

published on February 20 incorrectly

stated in the SUPPLEMENTARY

INFORMATION section of the preamble

that the deadline for receipt of

comments was March 7, 1997.

Accordingly, on page 7742, in the first

and second column, the final sentence

in the SUPPLEMENTARY INFORMATION

section is corrected to read: ‘‘The

comment period is reopened to allow

consideration of the comments received

after August 6, 1996, and additional

comments received on or before March

24, 1997.’’

Dated: March 3, 1997.

George Skibine,

Director, Indian Gaming Management Staff.

[FR Doc. 97–5588 Filed 3–6–97; 8:45 am]

BILLING CODE 4310–02–M

DEPARTMENT OF JUSTICE

28 CFR Part 16

[AAG/A Order No. 130–97]

Exemption of Records Systems Under

the Privacy Act

AGENCY: Department of Justice.

ACTION: Proposed rule.

SUMMARY: The Department of Justice

proposes to exempt a Privacy Act

system of records from subsections

(c)(3) and (4); (d); (e)(1), (2), (3), (5) and

(8); and (g) of the Privacy Act, 5 U.S.C.

552a. This system of records is

maintained by the Immigration and

Naturalization Service (INS) and is

entitled ‘‘Office of Internal Audit

Investigations Index and Records,

JUSTICE/INS–002.’’ Information in this

system relates to official Federal

investigations and law enforcement

matters of the Office of Internal Audit of

the INS, pursuant to the Inspector

General Act of 1978, 5 U.S.C. App., as

amended by the Inspector General Act

amendments of 1988. The exemptions

are necessary to avoid interference with

certain internal law enforcement

functions of the INS for which records

falling within the scope of subsections

(j)(2) and (k)(2) may be generated.

Specifically, the exemptions are

necessary to prevent subjects of

investigations from frustrating the

investigatory process; to preclude the

disclosure of investigative techniques;

to protect the identities and physical

safety of confidential informants and of

law enforcement personnel; to ensure

OIA’s ability to obtain information from

information sources; and to protect the

privacy of third parties.

DATES: Submit any comments by April

7, 1997.

ADDRESSES: Address all comments to

Patricia E. Neely, Program Analyst,

Information Management and Security

Staff, Justice Management Division,

Department of Justice, Washington, D.C.

20530 (Room 850, WCTR Building).

FOR FURTHER INFORMATION CONTACT:

Patricia E. Neeley 202–616–0178.

SUPPLEMENTARY INFORMATION: In the

notice section of today’s Federal

Register, the Department of Justice

provides a description of the ‘‘Office of

Internal Audit Investigations Index and

Records, JUSTICE/INS–002.’’

This order relates to individuals

rather than small business entities.

Nevertheless, pursuant to the

requirements of the Regulatory

Flexibility Act, 5 U.S.C. 601–602, it is

hereby stated that the order will not

have ‘‘a significant economic impact on

a substantial number of small entities.’’

List of Subjects in 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 No. 793–78, it is proposed to

amend part 16, of title 28 of the Code

of Federal Regulations as set forth

below.

Dated: February 11, 1997.

Stephen R. Colgate,

Assistant Attorney General for

Administration.

1. The authority for part 16 continues

to read as follows:

Authority: 5 U.S.C. 401, 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.

2. It is proposed to amend 28 CFR

16.99 by adding paragraphs (g) and (h)

to read as follows:

§ 16.99 Exemption of the Immigration and

Naturalization Service Systems-limited

access.

* * * * *

(g) The Office of Internal Audit

Investigations Index and Records

(Justice/INS–002) system of records is

exempt under the provisions of 5 U.S.C.

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

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

(g), but only to the extent that this

system contains records within the

scope of subsection (j)(2), and to the

extent that records in the system are

subject to exemption therefrom. In

addition, this system of records is also

exempt under the provisions of 5 U.S.C.

552a(k)(2) from subsections (c)(3); (d);

and (e)(1), but only to the extent that

this system contains records within the

scope of subsection (k)(2), and to the

extent that records in the system are

subject to exemption therefrom.

(h) The following justifications apply

to the exemptions from particular

subsections:

(1) From subsection (c)(3) because the

release of the disclosure accounting for

disclosure could permit the subject of

an actual or potential criminal or civil

investigation to obtain valuable

information concerning the existence

and nature of the investigation, the fact

that individuals are subjects of the

investigation, and present a serious

impediment to law enforcement.

(2) From subsection (c)(4) to the

extent that the exemption from

subsection (d) is applicable. Subsection

(c)(4) will not be applicable to the extent

that records in the system are properly

withholdable under subsection (d).

(3) From the access and amendment

provisions of subsection (d) because

access to the records contained in this

system of records could inform the

subject of a criminal or civil

investigation of the existence of that

investigation; of the nature and scope of

the information and evidence obtained

as to their activities; of the identity of

confidential sources, witnesses and law

enforcement personnel; and of

information that may enable the subject

to avoid detection or apprehension.

Such disclosures would present a

serious impediment to effective law

enforcement where they prevent the

successful completion of the

investigation; endanger the physical

safety of confidential sources, witnesses,

and law enforcement personnel; and/or

lead to the improper influencing of

witnesses, the destruction of evidence,

or the fabrication of testimony. In

addition, granting access to these

records could result in a disclosure that

would constitute an unwarranted

invasion of the privacy of third parties.
10496 Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Proposed Rules

Amendment of the records would

interfere with ongoing investigations

and law enforcement activities and

impose an impossible administrative

burden by requiring investigations to be

continuously reinvestigated.

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

the course of criminal or civil

investigations, the Immigration and

Naturalization Service often obtains

information concerning the violation of

laws other than those relating to

violations over which INS has

investigative jurisdiction. In the

interests of effective law enforcement, it

is necessary that INS retain this

information since it can aid in

establishing patterns of criminal activity

and provide valuable leads for those law

enforcement agencies that are charged

with enforcing other segments of the

criminal law.

(5) From subsection (e)(2) because in

a criminal investigation, the

requirement that information be

collected to the greatest extent possible

from the subject individual would

present a serious impediment to law

enforcement in that the subject of the

investigation would be placed on notice

of the existence of the investigation and

would therefore be able to avoid

detection or apprehension.

(6) From subsection (e)(3) because the

requirement that individuals supplying

information be provided with a form

stating the requirements of subsection

(e)(3) would constitute a serious

impediment to criminal law

enforcement in that it could

compromise the existence of a

confidential investigation, reveal the

identify of confidential sources of

information and endanger the life or

physical safety of confidential

informants.

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

the collection of information for

criminal law enforcement purposes it is

impossible to determine in advance

what information is accurate, relevant,

timely, and complete. With the passage

of time, seemingly irrelevant or

untimely information may acquire new

significance as further investigation

brings new details to light and the

accuracy of such information can only

be determined in a court of law. The

restrictions of subsection (e)(5) would

restrict the ability of trained

investigators and intelligence analysts to

exercise their judgment in reporting on

investigations and impede the

development of criminal intelligence

necessary for effective law enforcement.

(8) From subsection (e)(8) because the

individual notice requirements of

subsection (e)(8) could present a serious

impediment to criminal law

enforcement as this could interfere with

the Immigration and Naturalization

Service’s ability to issue administrative

subpoenas and could reveal

investigative techniques and

procedures.

(9) From subsection (g) for those

portions of this system of records that

were compiled for criminal law

enforcement purposes and which are

subject to exemption from the access

provisions of subsection (d) pursuant to

subsection (j)(2).

[FR Doc. 97–5663 Filed 3–6–97; 8:45 am]

BILLING CODE 4410–10–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP MIAMI 96–954]

RIN 2115–AA97

Safety Zone; Port Everglades; Fort

Lauderdale, FL

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard is proposing

to establish moving safety zones around

naval aircraft carriers transiting the

waters of Port Everglades, Fort

Lauderdale, Florida. These proposed

regulations are needed to protect all

vessels and the public from the safety

hazards associated with the arrival and

departure of naval aircraft carriers

making port calls. During arrival and

departure, these types of vessels require

the use of the center channel in Port

Everglades for safe navigation and leave

no room for other vessels to safely pass.

Therefore, these proposed regulations

are necessary for the safety of life on the

navigable waters.

DATES: Comments must be received on

or before May 6, 1997.

ADDRESSES: Comments may be mailed to

Commanding Officer, U.S. Coast Guard,

Marine Safety Office, Claude Pepper

Federal Building., 51 SW 1st Ave., 5th

Floor, Miami, FL 33130–1608, or may be

hand delivered to Room 501 at the same

address, between 8 A.M. and 4 P.M.,

Monday through Friday, except federal

holidays. Comments will become part of

this docket and will be available for

inspection or copying at the above

address.

FOR FURTHER INFORMATION CONTACT: CDR

R.M. Miles, Chief, Port Management and

Response Department, USCG Marine

Safety Office Miami at (305) 535–8743.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written views,

data, or arguments. Persons submitting

comments should include their names

and addresses, identify this notice

[COTP MIAMI 96–054], the specific

section of this proposal to which their

comments apply and give reasons for

each comment. The Coast Guard

requests that all comments and

attachments be submitted in an 81⁄2′′ ×

11′′ unbound format suitable for

copying and electronic filing. If that is

not practical, a second copy of any

bound material is requested. Persons

requesting acknowledgment of receipt of

comments should enclose a stamped,

self-addressed postcard or envelop. The

Coast Guard will consider all comments

received during the comment period.

The regulations may be changed in view

of the comments received. All

comments received before the

expiration of the comment period will

be considered before final action is

taken on this proposal.

No public hearing is planned, but one

may be held if written requests for a

hearing are received and it is

determined that the opportunity to

make oral presentations will add to the

rulemaking process.

Discussion of Proposed Regulations

These proposed regulations are

needed to provide for the safety of life

on the navigable waters during the

arrival and departure of naval aircraft

carriers in Port Everglades, Fort

Laurderdale, Florida. These moving

safety zones are necessary, because of

the significant risks associated with

naval aircraft carriers transiting the area

due to their size, draft, and channel

restrictions. Historically, the Coast

Guard has established a moving safety

zone each time these class of naval

vessels has transited the waters of Port

Everglades both to and from a port call.

Given the recurring nature of these port

calls and the safety dangers associated

with naval aircraft carriers, the Coast

Guard proposes to establish a moving

safety zone around these vessels during

their arrival and departure from Port

Everglades, Fort Lauderdale, Florida.

The proposed moving safety zone

would be established in an area 700

yards forward, 500 yards astern and 350

yards on either side of naval aircraft

carriers entering or departing Port

Everglades. The proposed safety zone

regulations would only be established

for a period of one and a half hours

during the arrival and departure of these