[Federal Register Volume 62, Number 13 (Tuesday, January 21, 1997)]
[Rules and Regulations]
[Page 2903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1317]


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DEPARTMENT OF JUSTICE

28 CFR Part 16

[AAG/A Order No. 127-97]


Exemption of Systems of Records Under the Privacy Act

AGENCY: Department of Justice.

ACTION: Final rule.

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SUMMARY: The Department of Justice, Drug Enforcement Administration 
(DEA), is amending its Privacy Act regulations to to provide clarity 
and to include an additional reason for the exemption from subsection 
(e)(3). The additional reason will contribute to a better understanding 
of the need for the exemption. The revised language applies to the 
following systems of records as named in paragraphs (c)(1) through 
(c)(6): Air Intelligence Program (Justice/DEA-001), Investigative 
Reporting and Filing System (Justice/DEA-008), Planning and Inspection 
Division Records (Justice/DEA-010), Operations Files (Justice/DEA-011), 
Security Files (Justice/DEA-013), System to Retrieve Information from 
Drug Evidence (Stride/Ballistics) (Justice/DEA-014).

EFFECTIVE DATE: January 21, 1997.

FOR FURTHER INFORMATION CONTACT:
Patricia E. Neely, Program Analyst (202-616-0178).

SUPPLEMENTARY INFORMATION: On October 17, 1996 (61 FR 54112), a 
proposed rule was published in the Federal Register with an invitation 
to comment. No comments were received.
    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 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, 
28 CFR part 16 is amended as set forth below.

    Dated: December 30, 1996.
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. 28 CFR 16.98 is amended by revising paragraph (d)(6) as follows:


Sec. 16.98  Exemption of the Drug Enforcement Administration (DEA)--
Limited Access.

* * * * *
    (d) * * *
    (6) From subsection (e)(3) because the requirements thereof would 
constitute a serious impediment to law enforcement in that they could 
compromise the existence of an actual or potential confidential 
investigation and/or permit the record subject to speculate on the 
identity of a potential confidential source, and endanger the life, 
health or physical safety or either actual or potential confidential 
informants and witnesses, and of investigators/law enforcement 
personnel. In addition, the notification requirement of subsection 
(e)(3) could impede collection of that information from the record 
subject, making it necessary to collect the information solely from 
third party sources and thereby inhibiting law enforcement efforts.
* * * * *
[FR Doc. 97-1317 Filed 1-17-97; 8:45 am]
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