17070 Federal Register / Vol. 62, No. 68 / Wednesday, April 9, 1997 / Rules and Regulations

Dated: April 3, 1997.

Jean A. Webb,

Secretary of the Commission, Commodity

Futures Trading Commission.

[FR Doc. 97–9003 Filed 4–8–97; 8:45 am]

BILLING CODE 6351–01–P

DEPARTMENT OF DEFENSE

Department of the Air Force

32 CFR Part 806b

[Air Force Reg. 12–35]

Air Force Privacy Act Program

AGENCY: Department of the Air Force,

DOD.

ACTION: Final rule.

SUMMARY: The Department of the Air

Force is amending its Privacy Act

regulation to add an exemption to the

system of records identified as F111 AF

JA B, Courts-Martial and Article 15

Records.

EFFECTIVE DATE: March 31, 1997.

FOR FURTHER INFORMATION CONTACT: Ms.

Anne Rollins at (703) 697–8674 or DSN

227–8674.

SUPPLEMENTARY INFORMATION:

Executive Order 12866. It has been

determined that this Privacy Act rule for

the Department of Defense does not

constitute ‘significant regulatory action’.

Analysis of the rule indicates that it

does not have an annual effect on the

economy of $100 million or more; does

not create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency; does not

materially alter the budgetary impact of

entitlements, grants, user fees, or loan

programs or the rights and obligations of

recipients thereof; does not raise novel

legal or policy issues arising out of legal

mandates, the President’s priorities, or

the principles set forth in Executive

Order 12866.

Regulatory Flexibility Act. It has been

determined that this Privacy Act rule for

the Department of Defense does not

have significant economic impact on a

substantial number of small entities

because it is concerned only with the

administration of Privacy Act systems of

records within the Department of

Defense.

Paperwork Reduction Act. It has been

determined that this Privacy Act rule for

the Department of Defense imposes no

information requirements beyond the

Department of Defense and that the

information collected within the

Department of Defense is necessary and

consistent with 5 U.S.C. 552a, known as

the Privacy Act, and 44 U.S.C. Chapter

35.

The Department of the Air Force is

amending its Privacy Act regulation to

add an exemption to a system of records

identified as F111 AF JA B, CourtsMartial and Article 15 Records. The

proposed rule was published on January

28, 1997 at 62 FR 4025. No comments

were received, therefore, the rule is

being adopted as final.

List of subjects in 32 CFR Part 806b

Privacy.

Accordingly, 32 CFR part 806b is

amended as follows:

Part 806b – Air Force Privacy Act Program

1. The authority citation for 32 CFR

Part 806b continues to read as follows:

Authority: Pub. L. 93–579, 88 Stat 1896 (5

U.S.C. 552a).

2. Appendix C to Part 806b is

amended by adding paragraph (b)(20) as

follows:

Appendix C to Part 806b-General and

Specific Exemptions

* * * * *

(b) Specific exemptions.***

(20) System identifier and name: F111

AF JA B, Courts-Martial and Article 15

Records.

(i) Exemption. Portions of this system

of records may be exempt pursuant to 5

U.S.C. 552a(j)(2) from the following

subsection of 5 U.S.C. 552a(c)(3), (c)(4),

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

(I), (e)(5), (e)(8), (f), and (g).

(ii) Exemption. Portions of this system

of records may be exempt pursuant to 5

U.S.C. 552a(k)(2) from the following

subsection of 5 U.S.C. 552a(c)(3), (d),

(e)(1), (e)(4)(G), (H) and (I), and (f).

(iii) Authority: 5 U.S.C. 552a(j)(2) and

(k)(2).

(iv) Reason: (1) From subsection (c)(3)

because the release of the disclosure

accounting, for disclosures pursuant to

the routine uses published for this

system, would permit the subject of a

criminal investigation or matter under

investigation to obtain valuable

information concerning the nature of

that investigation which will present a

serious impediment to law enforcement.

(2) From subsection (c)(4) because an

exemption is being claimed for

subsection (d), this subsection will not

be applicable.

(3) From subsection (d) because

access to the records contained in this

system would inform the subject of a

criminal investigation of the existence

of that investigation, provide the subject

of the investigation with information

that might enable him to avoid detection

or apprehension, and would present a

serious impediment to law enforcement.

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

the course of criminal investigations

information is often obtained

concerning the violation of laws or civil

obligations of others not relating to an

active case or matter. In the interests of

effective law enforcement, it is

necessary that this information be

retained since it can aid in establishing

patterns of activity and provide valuable

leads for other agencies and future cases

that may be brought.

(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.

(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 law enforcement in that

it could compromise the existence of a

confidential investigation, reveal the

identity of confidential sources of

information and endanger the life and

physical safety of confidential

informants.

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

because this system of records is exempt

from individual access pursuant to

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

of 1974.

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

the identity of specific sources must be

withheld in order to protect the

confidentiality of the sources of

criminal and other law enforcement

information. This exemption is further

necessary to protect the privacy and

physical safety of witnesses and

informants.

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

the collection of information for 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 intelligence necessary

for effective law enforcement.

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

the individual notice requirements of

subsection (e)(8) could present a serious

impediment to law enforcement as this
Federal Register / Vol. 62, No. 68 / Wednesday, April 9, 1997 / Rules and Regulations 17071

could interfere with the ability to issue

search authorizations and could reveal

investigative techniques and

procedures.

(11) From subsection (f) because this

system of records has been exempted

from the access provisions of subsection

(d).

(12) From subsection (g) because this

system of records is compiled for law

enforcement purposes and has been

exempted from the access provisions of

subsections (d) and (f).

(13) Consistent with the legislative

purpose of the Privacy Act of 1974, the

Department of the Air Force will grant

access to nonexempt material in the

records being maintained. Disclosure

will be governed by the Department of

the Air Force’s Privacy Regulation, but

will be limited to the extent that the

identity of confidential sources will not

be compromised; subjects of an

investigation of an actual or potential

criminal violation will not be alerted to

the investigation; the physical safety of

witnesses, informants and law

enforcement personnel will not be

endangered, the privacy of third parties

will not be violated; and that the

disclosure would not otherwise impede

effective law enforcement. Whenever

possible, information of the above

nature will be deleted from the

requested documents and the balance

made available. The controlling

principle behind this limited access is

to allow disclosures except those

indicated above. The decisions to

release information from these systems

will be made on a case-by-case basis.

* * * * *

Dated: April 3, 1997.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense

[FR Doc. 97–8971 Filed 4–8–97; 8:45 am]

BILLING CODE 5000–04–F

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08–97–009]

RIN 2115–AE47

Drawbridge Operation Regulation;

Inner Harbor Navigation Canal, LA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

temporarily changing the regulation for

the operation of the Seabrook Highway

bascule span drawbridge across the

Inner Harbor Navigation Canal, mile 4.6

in New Orleans, Orleans Parish,

Louisiana, to authorize it to remain

closed to navigation between the hours

of 7 a.m. and noon and between the

hours of 1 p.m. and 6:30 p.m., Monday

through Friday, from April 14, 1997

until August 15, 1997. At all other times

the bridge will open on signal. This

action is necessary for the fender system

to be replaced.

DATES: This temporary final rule is

effective beginning at 7 a.m. on April

14, 1997 and ending at 6:30 p.m. on

August 15, 1997.

ADDRESSES: Unless otherwise indicated,

documents referred to in this preamble

are available for inspection or copying

at the office of the Eighth Coast Guard

District, Bridge Administration Branch,

Hale Boggs Federal Building, room

1313, 501 Magazine Street, New

Orleans, Louisiana 70130–3396 between

7 a.m. and 4 p.m., Monday through

Friday. The telephone number is (504)

589–2965. The Eighth Coast Guard

District, Bridge Administration Branch,

maintains the public docket for this

temporary final rule.

FOR FURTHER INFORMATION CONTACT:

Phil Johnson, Bridge Administration

Branch, at the address and telephone

number given above.

SUPPLEMENTARY INFORMATION:

Discussion of Rule

The Coast Guard was not notified of

the dates of the repair work in time to

issue a notice of proposed rulemaking.

The unsafe condition of the bridge

fender system warrants the closures so

that remedial work can be

accomplished. For the same reason,

good cause exists to make this

temporary rule effective in less than 30

days after publication.

Vertical clearance of the Seabrook

highway bridge across the Inner Harbor

Navigation Canal in the closed to

navigation position is 46 feet above

mean high water. Navigation on the

waterway consists of tugs with tows,

commercial fishing vessels, crane

barges, jack-up boats, oil industry crew

vessels, sailing vessels and other

recreational craft. A crane barge will be

required to occupy the majority of the

navigation channel in order to

reconstruct the fender system. The barge

and related equipment will be removed

from the channel from noon until 1 p.m.

daily at which time the bridge may be

opened to pass marine traffic. The west

fender system of the bridge has

sustained considerable damage from

vessel strikes, compromising its ability

to protect the bridge. Replacement of the

fender system is necessary for the safety

of vehicular and pedestrian traffic

crossing the bridge.

The Coast Guard is temporarily

changing the regulation for the

operation of the Seabrook Highway

bascule span drawbridge across the

Inner Harbor Navigation Canal, mile 4.6

in New Orleans, Orleans Parish,

Louisiana, to authorize it to remain

closed to navigation between the hours

of 7 a.m. and noon and between the

hours of 1 p.m. and 6:30 p.m., Monday

through Friday from April 14, 1997

through August 15, 1997. At all other

times the bridge will open on signal.

The Board of Commissioners of the

Orleans Levy Board has requested this

temporary final rule so that the west

fender system can be replaced. The

short term inconvenience, attributable

to a delay of vessel traffic for a

maximum of five and one-half hours, is

outweighed by the long term safety

benefits to be gained in replacing the

bridge fender system.

Regulatory Evaluation

This temporary final rule is not a

significant regulatory action under

section 3(f) of Executive Order 12866

and does not require an assessment of

potential cost and benefits under section

6(a)(3) of that order. It has not been

reviewed by the Office of Management

and Budget under that order. It is not

significant under the Regulatory Policies

and Procedures of the Department of

Transportation (DOT) (44 FR 11040,

February 26, 1979). The Coast Guard

expects the economic impact of this

temporary final rule to be so minimal

that a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether this temporary

final rule will have a significant

economic impact on a substantial

number of small entities. ‘‘Small

entities’’ include (1) small businesses

and not-for-profit organizations that are

independently owned and operated and

are not dominant in their fields and (2)

governmental jurisdictions with

populations of less than 50,000. The

Coast Guard certifies under 5 U.S.C.

605(b) that this temporary final rule will

not have a significant economic impact

on a substantial number of small

entities.

Collection of Information

This temporary final rule contains no

collection-of-information requirements