[Federal Register Volume 67, Number 154 (Friday, August 9, 2002)]
[Rules and Regulations]
[Pages 51756-51757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20206]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

28 CFR Part 16

[AAG/A Order No. 278-2002]


Privacy Act of 1974; Implementation

AGENCY: Foreign Terrorist Tracking Task Force (FTTTF), Justice.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of Justice is exempting a Privacy Act system of 
records from subsections (c)(3), (d)(1), (2), (3) and (4), and (e)(1) 
and (4)(I) of the Privacy Act, pursuant to 5 U.S.C. 552a(k)(1). The 
system of records to be exempted is the ``Flight Training Candidates 
File System, JUSTICE/FTTTF-001.''
    The Flight Training Candidates File System is a system of records 
established pursuant to section 113 of the Aviation and Transportation 
Security Act (ATSA), Public Law 107-71, 49 U.S.C. 44939 to support the 
administration of the required risk assessment of candidates for flight 
instruction who are aliens or persons designated by the Under Secretary 
of Transportation for Security, U.S. Department of Transportation. 
Subsequent to the terrorist hijacking and crashing of aircraft on 
September 11, 2001, Congress determined that aliens seeking training in 
the operation of aircraft with a takeoff weight of 12,500 pounds or 
more should be subject to closer scrutiny. Pursuant to Section 113 of 
ATSA, persons who wish to provide such training to aliens or others 
designated by the Under Secretary of Transportation for Security must 
first notify the Attorney General, and provide identifying information 
with regard to the prospective trainee, so that the Attorney General 
may determine whether the prospective trainee poses a risk to aviation 
or national security.
    The exemption is necessary as explained in the accompanying final 
rule.

DATES: This final rule is effective August 9, 2002.

FOR FURTHER INFORMATION CONTACT: Mary Cahill, (202) 307-1823.

SUPPLEMENTARY INFORMATION: On June 10, 2002 (67 FR 39838), a proposed 
rule was published in the Federal Register with an invitation to 
comment. No comments were received.
    This order relates to individuals as well as small business 
entities. In accordance with the Regulatory Flexibility Act, 5 U.S.C. 
601-602, the Attorney General, by approving this regulation, certifies 
that this rule 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, 
28 CFR part 16 is amended as follows:

PART 16--[AMENDED]

    1. The authority citation 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, 524; 31 U.S.C. 3717, 9701.


    2. Section 16.105 is added to subpart E to read as follows:

Subpart E--Exemption of Records Systems Under the Privacy Act


Sec. 16.105  Exemption of Foreign Terrorist Tracking Task Force System.

    (a) The following system of records is exempt from 5 U.S.C. 552a, 
subsections (c)(3), (d)(1), (2), (3) and (4), and (e)(1) and (4)(I): 
Flight Training Candidates File System (JUSTICE/FTTTF-001). This 
exemption applies only to the extent that information is subject to 
exemption pursuant to 5 U.S.C. 552a(k)(1).
    (b) Exemption from the particular subsections is justified for the 
following reasons:
    (1) From subsection (c)(3) because making available to a record 
subject the accounting of disclosures could reveal information that is 
classified in the interest of national security.
    (2) From subsection (d)(1), (2), (3) and (4) because access to and 
amendment of certain portions of records within the system would tend 
to reveal or compromise information classified in the interest of 
national security.
    (3) From subsection (e)(1) because it is often impossible to 
determine in advance if information obtained will be relevant for the 
purposes of conducting the risk analysis for flight training 
candidates.
    (4) From subsection (e)(4)(I) to the extent that this subsection is 
interpreted to require more detail regarding the record sources in this 
system than have been published in the Federal Register.

[[Page 51757]]

Should the subsection be so interpreted, exemption from this provision 
is necessary because greater specificity concerning the sources of 
these records could compromise national security.

    Dated: July 31, 2002.
Robert F. Diegelman,
Acting Assistant Attorney General for Administration.
[FR Doc. 02-20206 Filed 8-8-02; 8:45 am]
BILLING CODE 4410-FB-P