53134 Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Proposed Rules 

on your correspondence. You may 

review an electronic version of this 

proposed rule at http:// 

www.regulations.gov. You may also 

comment via the Internet to the DOJ/ 

Justice Management Division at the 

following e-mail address: 

DOJPrivacyACTProposed

Regulations@usdoj.gov; or by using the 

http://www.regulations.gov comment 

form for this regulation. When 

submitting comments electronically, 

you must include the AAG/A Order No. 

in the subject box. 

FOR FURTHER INFORMATION CONTACT: 

Mary Cahill, (202) 307–1823. 

SUPPLEMENTARY INFORMATION: The FBI’s 

whistleblower regulations are at 28 CFR 

part 27; the specific role of the OARM 

is at 28 CFR part 27.4. This is the basis 

for the new system of records, ‘‘Federal 

Bureau of Investigation Whistleblower 

Case Files, JMD–023.’’ The DOJ/JMD 

proposes to exempt this system of 

records from 5 U.S.C. 552a(c)(3) and (4); 

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

and (8); and (g). The exemptions will be 

applied only to the extent that 

information in a record is subject to 

exemption pursuant to 5 U.S.C. 

552a(j)(2) and (k). 

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, this 

order will not have a significant 

economic impact on a substantial 

number of small entities. 

List of Subjects in 28 CFR Part 16 

Administrative Practices and 

Procedures, Courts, Freedom of 

Information, Sunshine Act, Privacy. 

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 28 CFR part 16 as follows: 

1. The authority for part 16 continues 

to read as follows: 

Authority: 5 U.S.C. 301, 552, 552a, 552b(g), 

and 553; 18 U.S.C. 4203(a)(1); 28 U.S.C. 509, 

510, 534; 31 U.S.C. 3717, 9701. 

§ 16.76 [Amended] 

2. Section 16.76 is amended by 

adding paragraphs (c) and (d) to read as 

follows: 

* * * * * 

(c) The following system of records is 

exempted from 5 U.S.C. 552a(c)(3) and 

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

(5), and (8); and (g): Federal Bureau of 

Investigation Whistleblower Case Files 

(Justice/JMD–023). These exemptions 

apply only to the extent that 

information in a record contained 

within this system is subject to 

exemptions pursuant to 5 U.S.C. 

552a(j)(2) and (k). 

(d) Exemption from the particular 

subsections is justified for the following 

reasons: 

(1) Subsection (c)(3). To provide the 

subject with an accounting of 

disclosures of records in this system 

could inform that individual of the 

existence, nature, or scope of an actual 

or potential law enforcement or 

counterintelligence investigation, and 

thereby seriously impede law 

enforcement or counterintelligence 

efforts by permitting the record subject 

and other persons to whom he might 

disclose the records to avoid criminal 

penalties, civil remedies, or 

counterintelligence measures. 

(2) Subsection (c)(4). This subsection 

is inapplicable to the extent that an 

exemption is being claimed for 

subsection (d). 

(3) Subsection (d)(1). Information 

within this record system could relate to 

official federal investigations and 

matters of law enforcement. Individual 

access to these records could 

compromise ongoing investigations, 

reveal confidential informants and/or 

sensitive investigative techniques used 

in particular investigations, or 

constitute unwarranted invasions of the 

personal privacy of third parties who 

are involved in a certain investigation. 

Disclosure may also reveal information 

relating to actual or potential law 

enforcement investigations. Disclosure 

of classified national security 

information would cause damage to the 

national security of the United States. 

(4) Subsection (d)(2). Amendment of 

these records could interfere with 

ongoing criminal or civil law 

enforcement proceedings and impose an 

impossible administrative burden by 

requiring investigations to be 

continuously reinvestigated. 

(5) Subsections (d)(3) and (4). These 

subsections are inapplicable to the 

extent exemption is claimed from (d)(1) 

and (2). 

(6) Subsection (e)(1). It is often 

impossible to determine in advance if 

investigatory information contained in 

this system is accurate, relevant, timely 

and complete, but, in the interests of 

effective law enforcement and 

counterintelligence, it is necessary to 

retain this information to aid in 

establishing patterns of activity and 

provide investigative leads. 

(7) Subsection (e)(2). To collect 

information from the subject individual 

could serve to notify the subject 

individual that he or she is the subject 

of a criminal investigation and thereby 

present a serious impediment to such 

investigations. 

(8) Subsection (e)(3). To inform 

individuals as required by this 

subsection could reveal the existence of 

a criminal investigation and 

compromise investigative efforts. 

(9) Subsection (e)(5). It is often 

impossible to determine in advance if 

investigatory information contained in 

this system is accurate, relevant, timely 

and complete, but, in the interests of 

effective law enforcement and 

counterintelligence, it is necessary to 

retain this information to aid in 

establishing patterns of activity and 

provide investigative leads. 

(10) Subsection (e)(8). To serve notice 

could give persons sufficient warning to 

evade investigative efforts. 

(11) Subsection (g). This subsection is 

inapplicable to the extent that the 

system is exempt from other specific 

subsections of the Privacy Act. 

Dated: August 31, 2005. 

Paul R. Corts, 

Assistant Attorney General for 

Administration. 

[FR Doc. 05–17701 Filed 9–6–05; 8:45 am] 

BILLING CODE 4410–FR–P 

FEDERAL MEDIATION AND 

CONCILIATION SERVICE 

29 CFR Part 1404 

Proposed Changes to Arbitration 

Policies, Functions, and Procedures 

AGENCY: Federal Mediation and 

Conciliation Service. 

ACTION: Proposed rule: extension of 

comment period. 

SUMMARY: This document extends the 

comment period for the proposed rule 

published on July 7, 2005 at 70 FR page 

39209. 

The Federal Mediation and 

Conciliation Service (FMCS) is 

proposing to revise 29 CFR part 1404, 

Arbitration Services. The revisions are 

intended to set forth the criteria and 

procedures for listing on the arbitration 

roster, removal from the arbitration 

roster, and expedited arbitration 

processing. Other changes include how 

parties may request arbitration lists or 

panels and fees associated with the 

arbitrators. The purpose of these 

changes is to facilitate the management 

and administration of the arbitration 

roster. 

DATES: Written comments must be 

submitted to the office listed in the 

address section below on or before 

December 6, 2005. 

Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Proposed Rules 53135 

ADDRESSES: Submit comments to the 

Maria A. Fried, General Counsel, 

Federal Mediation and Conciliation 

Service, 2100 K Street, NW., 

Washington, DC 20427. Comments may 

be submitted also by fax at (202) 606–

5345 or electronic mail (e-mail) to 

mfried@fmcs.gov. All comments and 

data in electronic form must be 

identified by the appropriate agency 

form number. 

FOR FURTHER INFORMATION CONTACT: 

Maria A. Fried, General Counsel and 

Federal Register Liaison, FMCS, 2100 K 

Street, NW., Washington, DC 20427. 

Telephone (202) 606–5444; Fax (202) 

606–5345. 

Dated: August 31, 2005. 

Maria A. Fried, 

General Counsel and Federal Register 

Contact. 

[FR Doc. 05–17648 Filed 9–6–05; 8:45 am] 

BILLING CODE 6732–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 310 

Department of Defense Privacy 

Program 

AGENCY: Department of Defense. 

ACTION: Proposed rule. 

SUMMARY: The Department of Defense is 

proposing to update policies and 

responsibilities for the Defense Privacy 

Program which implements the Privacy 

Act of 1974 by showing organizational 

changes and realignments and by 

revising referenced statutory and 

regulatory authority. 

DATES: Comments must be received on 

or before November 7, 2005 to be 

considered by this agency. 

ADDRESSES: Send comments to the 

Director, Defense Privacy Office, 1901 

South Bell Street, Suite 920, Arlington, 

VA 22202–4512. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Vahan Moushegian, Jr., at (703) 607–

2943. 

SUPPLEMENTARY INFORMATION:

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’

It has been determined that Privacy 

Act rules for the Department of Defense 

are not significant rules. The rules do 

not (1) have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy; a sector of the economy; 

productivity; competition; jobs; the 

environment; public health or safety; or 

State, local, or tribal governments or 

communities; (2) Create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another Agency; (3) Materially alter the 

budgetary impact of entitlements, 

grants, user fees, or loan programs, or 

the rights and obligations of recipients 

thereof; or (4) Raise novel legal or policy 

issues arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in this Executive order. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. Chapter 6) 

It has been determined that Privacy 

Act rules for the Department of Defense 

do not have significant economic impact 

on a substantial number of small entities 

because they are concerned only with 

the administration of Privacy Act 

systems of records within the 

Department of Defense. 

Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

It has been determined that Privacy 

Act rules for the Department of Defense 

impose 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 of 1974. 

Section 202, Public Law 104–4, 

‘‘Unfunded Mandates Reform Act’’

It has been determined that Privacy 

Act rulemaking for the Department of 

Defense does not involve a Federal 

mandate that may result in the 

expenditure by State, local and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

and that such rulemaking will not 

significantly or uniquely affect small 

governments. 

Executive Order 13132, ‘‘Federalism’’

It has been determined that Privacy 

Act rules for the Department of Defense 

do not have federalism implications. 

The rules do not have substantial direct 

effects on the States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. 

List of Subjects in 32 CFR Part 310 

Privacy. 

Accordingly, 32 CFR part 310, 

Subpart A–DoD Policy, is proposed to 

be amended as follows: 

PART 310—DOD PRIVACY PROGRAM 

1. The authority citation for 32 CFR 

part 310 continues to read as follows: 

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

U.S.C. 552a). 

2. Revise § 310.1 to read as follows: 

§ 310.1 Reissuance. 

This part is reissued to consolidate 

into a single document (32 CFR part 

310) Department of Defense (DoD) 

policies and procedures for 

implementing the Privacy Act of 1974, 

as amended (5 U.S.C. 552a) by 

authorizing the development, 

publication and maintenance of the DoD 

Privacy Program set forth by DoD 

Directive 5400.11, November 16, 2004, 

and 5400.11–R, August 31, 1983, both 

entitled: ‘‘DoD Privacy Program.’’

3. Amend § 310.3 by revising 

paragraph (a) to read as follows: 

§ 310.3 Applicability and scope. 

(a) Applies to the Office of the 

Secretary of Defense (OSD), the Military 

Departments, the Chairman of the Joint 

Chiefs of Staff, the Combatant 

Commands, the Office of the Inspector 

General of the Department of Defense 

(IG, DoD), the Defense Agencies, the 

DoD Field Activities, and all other 

organizational entities in the 

Department of Defense (hereinafter 

referred to collectively as ‘‘the DoD 

Components’’). This part is mandatory 

for use by all DoD Components. Heads 

of DoD Components may issue 

supplementary instructions only when 

necessary to provide for unique 

requirements within their Components. 

Such instructions will not conflict with 

the provisions of this part. 

* * * * * 

4. Amend § 310.4 by revising the 

definition of Individual to read as 

follows: 

§ 310.4 Definitions. 

* * * * * 

Individual. A living person who is a 

citizen of the United States or an alien 

lawfully admitted for permanent 

residence. The parent of a minor or the 

legal guardian of any individual also 

may act on behalf of an individual. 

Members of the United States Armed 

Forces are individuals. Corporations, 

partnerships, sole proprietorships, 

professional groups, businesses, 

whether incorporated or 

unincorporated, and other commercial 

entities are not individuals. 

* * * * * 

5. Amend § 310.5 as follows: 

a. Remove the introductory text; 

b. Revise paragraphs (a) and (g); 

c. Add paragraph (j) to read as 

follows: