1280 Federal Register / Vol. 66, No. 5 / Monday, January 8, 2001 / Proposed Rules

For the type of bond below The period of liability will end Your bond will be cancelled

(2) Supplemental bonds submitted

under § 256.53(d).

When the Regional Director determines that you have met all

your obligations covered by the

supplemental bond.

When you meet your bonded obligations, unless the Regional Director:

(i) determines that the future potential liability resulting from any undetected problems is greater than the amount of the base bond;

and

(ii) notifies the provider of the bond that the Regional Director will

wait up to 7 years before canceling all or a part of the bond (or

longer period as necessary to complete any appeals or judicial litigation related to your bonded obligations).

(e) For all bonds, the Regional

Director may reinstate your bond as if

no cancellation or release had occurred

if:

(1) A person makes a payment under

the lease and the payment is rescinded

or must be repaid by the recipient

because the person making the payment

is insolvent, bankrupt, subject to

reorganization, or placed in

receivership; or

(2) The responsible party represents to

MMS that it has discharged its

obligations under the lease, and the

representation was materially false

when the bond was canceled or

released.

[FR Doc. 01–120 Filed 1–5–01; 8:45 am]

BILLING CODE 4310–MR–P

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 326

National Reconnaissance Office

Privacy Act Program

AGENCY: National Reconnaissance

Office, DOD.

ACTION: Proposed rule.

SUMMARY: The National Reconnaissance

Office (NRO) is proposing to exempt one

Privacy Act systems of records. The

system of records is QNRO–23,

Counterintelligence Issue Files. The

exemptions are intended to increase the

value of the systems of records for law

enforcement purposes, to comply with

prohibitions against the disclosure of

certain kinds of information, and to

protect the privacy of individuals

identified in the systems of records.

DATES: Comments must be received by

March 9, 2001 to be considered by the

agency.

ADDRESSES: National Reconnaissance

Office, Information Access and Release

Center, 14675 Lee Road, Chantilly, VA

20151–1715.

FOR FURTHER INFORMATION CONTACT: Ms.

Barbara Freimann at (703) 808–5029.

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.

List of Subjects in 32 CFR Part 326

Privacy.

1. The authority citation for 32 CFR

part 326 continues to read as follows:

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

U.S.C. 552a).

2. Section 326.17 is proposed to be

amended by adding paragraphs (e) as

follows:

§ 326.17 Exemptions.

* * * * *

(e) QNRO–23

(1) System name: Counterintelligence

Issue Files.

(2) Exemptions: (i) Investigatory

material compiled for law enforcement

purposes may be exempt pursuant to 5

U.S.C. 552a(k)(2). However, if an

individual is denied any right, privilege,

or benefit for which he would otherwise

be entitled by Federal law or for which

he would otherwise be eligible, as a

result of the maintenance of such

information, the individual will be

provided access to such information

except to the extent that disclosure

would reveal the identity of a

confidential source.

(ii) Investigatory material compiled

solely for the purpose of determining

suitability, eligibility, or qualifications

for federal civilian employment,

military service, federal contracts, or

access to classified information may be

exempt pursuant to 5 U.S.C. 552a(k)(5),

but only to the extent that such material

would reveal the identity of a

confidential source.

(iii) Therefore, portions of this system

of records may be exempt pursuant to 5

U.S.C. 552a(k)(2) and/or (k)(5) from the

following subsections of 5 U.S.C.

552a(c)(3), (d), (e)(1), (e)(4)(G), (H) and

(I), and (f).

(3) Authority: 5 U.S.C. 552a(k)(2) and

(k)(5).

(4) Reasons: (i) From subsection (c)(3)

because to grant access to the

accounting for each disclosure as

required by the Privacy Act, including

the date, nature, and purpose of each

disclosure and the identity of the

recipient, could alert the subject to the

existence of the investigation or

prosecutable interest by NRO or other

agencies. This could seriously

compromise case preparation by

prematurely revealing its existence and

nature; compromise or interfere with

witnesses or make witnesses reluctant to

cooperate; and lead to suppression,

alteration, or destruction of evidence.

Federal Register / Vol. 66, No. 5 / Monday, January 8, 2001 / Proposed Rules 1281

(ii) From subsections (d)(1) through

(d)(4), and (f) because providing access

to records of a civil or administrative

investigation and the right to contest the

contents of those records and force

changes to be made to the information

contained therein would seriously

interfere with and thwart the orderly

and unbiased conduct of the

investigation and impede case

preparation. Providing access rights

normally afforded under the Privacy Act

would provide the subject with valuable

information that would allow

interference with or compromise of

witnesses or render witnesses reluctant

to cooperate; lead to suppression,

alteration, or destruction of evidence;

enable individuals to conceal their

wrongdoing or mislead the course of the

investigation; and result in the secreting

of or other disposition of assets that

would make them difficult or

impossible to reach in order to satisfy

any Government claim growing out of

the investigation or proceeding.

(iii) From subsection (e)(1) because it

is not always possible to detect the

relevance or necessity of each piece of

information in the early stages of an

investigation. In some cases, it is only

after the information is evaluated in

light of other evidence that its relevance

and necessity will be clear.

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

because this system of records is

compiled for law enforcement purposes

and is exempt from the access

provisions of subsections (d) and (f).

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

to the extent that this provision is

construed to require more detailed

disclosure than the broad, generic

information currently published in the

system notice, an exemption from this

provision is necessary to protect the

confidentiality of sources of information

and to protect privacy and physical

safety of witnesses and informants. NRO

will, nevertheless, continue to publish

such a notice in broad generic terms as

is its current practice.

(vi) Consistent with the legislative

purpose of the Privacy Act of 1974, the

NRO will grant access to nonexempt

material in the records being

maintained. Disclosure will be governed

by NRO’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: December 21, 2000.

Patricia L. Toppings,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 01–416 Filed 1–5–01; 8:45 am]

BILLING CODE 5001–10–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01–00–228]

RIN 2115–AE47

Drawbridge Operation Regulations;

Mianus River, CT

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

change the drawbridge operating

regulations for the Metro-North Bridge,

at mile 1.0, across the Mianus River at

Greenwich, Connecticut. This proposed

rule would require the bridge to open on

signal from 9 p.m. to 5 a.m., after an

advance notice is given. The bridge

presently does not open for vessel traffic

between 9 p.m. and 5 a.m., daily. This

action is expected to better meet the

reasonable needs of navigation.

DATES: Comments must reach the Coast

Guard on or before March 9, 2001.

ADDRESSES: You may mail comments to

Commander (obr), First Coast Guard

District, Bridge Branch, at 408 Atlantic

Avenue, Boston, MA. 02110–3350, or

deliver them to the same address

between 7 a.m. and 3 p.m., Monday

through Friday, except Federal holidays.

The telephone number is (617) 223–

8364. The First Coast Guard District,

Bridge Branch, maintains the public

docket for this rulemaking. Comments

and material received from the public,

as well as documents indicated in this

preamble as being available in the

docket, will become part of this docket

and will be available for inspection or

copying at the First Coast Guard

District, Bridge Branch, 7 a.m. to 3 p.m.,

Monday through Friday, except, Federal

holidays.

FOR FURTHER INFORMATION CONTACT: Mr.

John McDonald, Project Officer, First

Coast Guard District, (617) 223–8364.

SUPPLEMENTARY INFORMATION:

Request for Comments

We encourage you to participate in

this rulemaking by submitting

comments or related material. If you do

so, please include your name and

address, identify the docket number for

this rulemaking (CGD01–00–228),

indicate the specific section of this

document to which each comment

applies, and give the reason for each

comment. Please submit all comments

and related material in an unbound

format, no larger than 81⁄2 by 11 inches,

suitable for copying. If you would like

to know if they reached us, please

enclose a stamped, self-addressed

postcard or envelope. We will consider

all comments and material received

during the comment period. We may

change this proposed rule in view of

them.

Public Meeting

We do not now plan to hold a public

meeting. But you may submit a request

for a meeting by writing to the First

Coast Guard District, Bridge Branch, at

the address under ADDRESSES explaining

why one would be beneficial. If we

determine that one would aid this

rulemaking, we will hold one at a time

and place announced by a later notice

in the Federal Register.

Background and Purpose

The Metro-North Bridge, mile 1.0,

across the Mianus River has a vertical

clearance of 20 feet at mean high water

and 27 feet at mean low water in the

closed position.

The existing operating regulations in

33 CFR 117.209 require the bridge to

open on signal from 5 a.m. to 9 p.m.,

immediately for commercial vessels and

as soon as practicable, but no later than

20 minutes after the signal to open is

given, for the passage of all other vessel

traffic. When a train scheduled to cross

the bridge without stopping has passed

the Greenwich or Riverside stations and

is in motion toward the bridge, the draw

shall open as soon as the train has

crossed the bridge. From 9 p.m. to 5

a.m., the draw need not be opened for

the passage of vessels.

The Coast Guard received a request

from a commercial vessel operator

requesting a change to the operating

regulations for the Metro-North Bridge.

The commercial operator requested that

the bridge open for vessel traffic during

the 9 p.m. to 5 a.m. time period when

the bridge is normally closed.