18784 Federal Register / Vol. 60, No. 71 / Thursday, April 13, 1995 / Proposed Rules

if any, of the regulations and programs

which ATF administers may be

improved or eliminated. This request is

being made to assist ATF in

implementing the President’s February

21, 1995, regulatory reform initiative.

DATES: Comments for inclusion in the

first report to the President must be

received on or before April 28, 1995.

However, this review is an ongoing

process and comments received after the

due date will be considered.

ADDRESSES: Send written comments to:

Deputy Associate Director, Regulatory

Enforcement Programs; Bureau of

Alcohol, Tobacco and Firearms; P.O.

Box 50221, Washington, DC 20091–

0221; Attn: Notice No. 809.

FOR FURTHER INFORMATION CONTACT:

Marjorie D. Ruhf, Regulatory

Enforcement, Bureau of Alcohol,

Tobacco and Firearms, 650

Massachusetts Avenue, NW,

Washington, DC 20226 (202–927–8230).

SUPPLEMENTARY INFORMATION:

Background

On February 21, 1995, President

Clinton announced a regulatory reform

initiative. This initiative included

instructions to each agency to:

(a) Conduct a page-by-page review of

all regulations to identify those which

are obsolete or burdensome and those

whose goals could be better achieved

through the private sector, selfregulation or state and local

governments. This review will include

cleanup of old rules, rules that focus on

describing organizations and procedures

and rules that simply repeat statutory

language. Second, the review will

resolve any conflicts or overlaps which

are found with rules of other agencies.

Finally, the review will focus on ways

of clarifying or streamlining remaining

regulations.

(b) Review the statutes underlying

agency regulations and programs and

make recommendations for any

necessary changes.

(c) Review agency policy and

administrative decisions from this new

perspective.

In cases where the agency’s review

discloses statutes, regulations or

programs which should be revised or

eliminated, the agency will, as soon as

possible, suggest changes to the statutes

or propose administrative changes to its

regulations and programs.

The President also called on agencies

to form partnerships with people

affected by regulations to insure that

reform is guided by reality. ATF plans

to send representatives to scheduled

industry events in the next few months

to advance these ideas.

To further involve the public and

regulated industries in this effort, ATF

is also soliciting comments through this

notice. The Bureau requests that

comments be as specific as possible. If

the person submitting a comment can

cite a specific section of law or

regulations, that information will help

ATF to organize and analyze the

responses. If the cite is not available, at

least name the commodity (for instance,

wine, cigarettes, ammunition, fireworks)

and the activity (producing, labeling,

importing) which the comment

addresses. We encourage persons who

wish to comment to start the process

with outline suggestions within the 15-

day comment period, with the

understanding that more detailed

proposals may be submitted later. Most

changes which come about as a result of

this initiative will be issued as proposed

rules, so further opportunity to

comment on specific changes will be

afforded to interested persons.

ATF will not recognize any submitted

material as confidential and comments

may be disclosed to the public. Any

material which the person commenting

considers to be confidential or

inappropriate for disclosure to the

public should not be included in the

comments. The name of the person

submitting a comment is not exempt

from disclosure.

Comments may be submitted by

facsimile transmission (FAX) to (202)

927–8602, provided the comments: (1)

are legible, (2) are 81/2′′ x 11′′ in size,

(3) contain a written signature, and (4)

are five pages or less in length. This

limitation is necessary to assure

reasonable access to the equipment.

Comments sent by FAX in excess of five

pages will not be accepted. Receipt of

FAX transmittals will not be

acknowledged. Facsimile transmitted

comments will be treated as originals.

Drafting Information. The author of

this document is Marjorie D. Ruhf,

Wine, Beer & Spirits Regulations

Branch, Bureau of Alcohol, Tobacco and

Firearms.

Authority: This notice is issued under the

authority in 5 U.S.C. 301, 18 U.S.C. 847 and

926, 22 U.S.C. 2778, 26 U.S.C. 7805, and 27

U.S.C. 205 and 215.

Approved: April 10, 1995.

Richard J. Watkins,

Acting Director.

[FR Doc. 95–9184 Filed 4–12–95; 8:45 am]

BILLING CODE 4810–31–U

DEPARTMENT OF JUSTICE

28 CFR Part 16

[AAG/A Order No. 99–95]

Exemption of System of Records

Under the Privacy Act

AGENCY: Department of Justice.

ACTION: Proposed rule.

SUMMARY: The Department of Justice

(DOJ), U.S. Marshals Service (USMS)

proposes to amend its Privacy Act

regulations. The USMS proposes to

exempt a new Privacy Act system of

records entitled, ‘‘Joint Automated

Bookings Stations (JABS), USM–014’’

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

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

the Privacy Act (5 U.S.C. 552a).

Information in this system of records

relates to matters of law enforcement,

and the exemptions are necessary to

avoid interference with law enforcement

responsibilities and to protect the

privacy of third parties. The reasons for

the exemptions are set forth in the text

below.

DATES: Submit any comments by May

15, 1995.

ADDRESSES: Address all comments to

Patricia E. Neely, Staff Assistant,

Systems Policy Staff, Information

Resources Management, Justice

Management Division, Department of

Justice, Washington, DC (Room 850,

WCTR Bldg.).

FOR FURTHER INFORMATION CONTACT:

Patricia E. Neely, (202) 616–0718.

SUPPLEMENTARY INFORMATION: In the

notice section of today’s Federal

Register, the USMS provides a

description of this system of records.

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.’’

List of Subjects in 28 CFR Part 16

Administrative Practices and

Procedure, 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 28 CFR part 16, as set forth

below.
Federal Register / Vol. 60, No. 71 / Thursday, April 13, 1995 / Proposed Rules 18785

Dated: March 30, 1995.

Stephen R. Colgate,

Assistant Attorney General for

Administration.

1. The authority 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.

2. It is proposed to amend 28 CFR

16.101 by redesignating paragraph (s) as

paragraph (u), and adding new

paragraphs (s) and (t) as set forth below.

§ 16.101 Exemption of U.S. Marshals

Service (USMS) Systems—Limited Access,

as indicated.

* * * * *

(s) The following system of records is

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

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

and (g):

Joint Automated Booking Stations, Justice/

USM–014

(t) These exemptions apply only to

the extent that information in the

system is subject to exemption pursuant

to 5 U.S.C. 552a(j)(2). Where compliance

would not interfere with or adversely

affect the law enforcement process, the

USMS may waive the exemptions,

either partially or totally. Exemption

from the particular subsections are

justified for the following reasons:

(1) From subsections (c)(3) and (d) to

the extent that access to records in this

system of records may impede or

interfere with law enforcement efforts,

result in the disclosure of information

that would constitute an unwarranted

invasion of the personal privacy of

collateral record subjects or other third

parties, and/or jeopardize the health

and/or safety of third parties.

(2) Where access to certain records

may be appropriate, exemption from the

amendment provisions of subsection

(d)(2) is necessary to the extent that the

necessary and appropriate justification,

together with proof of record

inaccuracy, is not provided, and/or to

the extent that numerous, frivolous

requests to amend could impose an

impossible administrative burden by

requiring agencies to continuously

review booking and arrest data, much of

which is collected from the arrestee

during the arrest.

(3) From subsection (e)(1) to the

extent that is necessary to retain all

information in order not to impede,

compromise, or interfere with law

enforcement efforts, e.g., where the

significance of the information may not

be readily determined and/or where

such information may provide leads or

assistance to Federal and other law

enforcement agencies in discharging

their law enforcement responsibilities.

(4) From subsection (e)(2) because, in

some instances,the application of this

provision would present a serious

impediment to law enforcement since it

may be necessary to obtain and verify

information from a variety of sources

other than the record subject to ensure

safekeeping, security, and effective law

enforcement. For example, it may be

necessary that medical and psychiatric

personnel provide information

regarding the subject’s behavior,

physical health, or mental stability, etc.

to ensure proper care while in custody,

or it may be necessary to obtain

information from a case agent or the

court to ensure proper disposition of the

subject individual.

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

requirement that agencies inform each

individual whom it asks to supply

information of such information as is

required by subsection (e)(3) may, in

some cases, impede the information

gathering process or otherwise interfere

with or compromise law enforcement

efforts, e.g., the subject may deliberately

withhold information, or give erroneous

information.

(6) 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 and the accuracy of such

information can only be determined in

a court of law. The restrictions imposed

by subsection (e)(5) would restrict the

ability to collect information for law

enforcement purposes and may prevent

the eventual development of the

necessary criminal intelligence or

otherwise impede effective law

enforcement.

(7) From subsection (e)(8) to the

extent that such notice may impede,

interfere with, or otherwise compromise

law enforcement and security efforts.

(8) From subsection (g) to the extent

that this system is exempt from the

access and amendment provisions of

subsection (d).

* * * * *

[FR Doc. 95–9104 Filed 4–12–95; 8:45 am]

BILLING CODE 4410–01–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD01–95–007]

Special Local Regulation: Newport

Offshore Grand Prix, Narragansett Bay,

Newport, RI

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes a

temporary Special Local Regulation for

the Newport Offshore Grand Prix

regatta. The regatta will be held on

Sunday, May 21, 1995, in the waters of

Narragansett Bay, Newport, RI. This

regulation is needed to protect the

boating public from the hazards

associated with high speed powerboat

racing in confined waters.

DATES: Comments must be received on

or before May 4, 1995.

ADDRESSES: Comments should be

mailed to Commander (b), First Coast

Guard District, Captain John Foster

Williams Federal Building, 408 Atlantic

Ave., Boston, MA 02110–3350, or may

be hand delivered to Room 428 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:

Lieutenant (j.g.) B.M. Algeo, Chief,

Boating Affairs Branch, First Coast

Guard District, (617) 223–8311.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written data,

views, or arguments. Persons submitting

comments should include their names

and addresses, identify this notice

(OGD01–95–007), the specific section of

the proposal to which each comment

applies, and give reasons for each

comment. The Coast Guard requests that

all comments and attachments be

submitted in an 81⁄2′′ x 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, selfaddressed postcard or envelope.

The Coast Guard will consider all

comments received during the comment

period. It may change this proposal in

view of the comments. The Coast Guard