[Federal Register Volume 68, Number 75 (Friday, April 18, 2003)]
[Rules and Regulations]
[Pages 19148-19149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9324]


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DEPARTMENT OF JUSTICE

28 CFR Part 16

[AAG/A Order No. 012-2003]


Privacy Act of 1974; Implementation

AGENCY: Department of Justice, Bureau of Alcohol, Tobacco, Firearms, 
and Explosives.

ACTION:  Final rule.

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SUMMARY: The Department of Justice, Bureau of Alcohol, Tobacco, 
Firearms, and Explosives (ATF), is exempting five Privacy Act systems 
of records from the subsections of the Privacy Act listed below. The 
five systems of records were published in the Federal Register on 
January 24, 2003 (68 FR 3551). As described in this rule, the 
exemptions are necessary to protect law enforcement and investigatory 
information and functions of ATF.

EFFECTIVE DATE: This final rule is effective April 18, 2003.

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

SUPPLEMENTARY INFORMATION: 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) and (k).
    On November 25, 2002, the President signed into law the Homeland 
Security

[[Page 19149]]

Act of 2002, Pub. L. 107-296, 116 Stat. 2135 (2002). Under Title XI, 
Subtitle B of the Act, the ``authorities, functions, personnel, and 
assets'' of the Bureau of Alcohol, Tobacco, and Firearms are 
transferred to the Department of Justice, with the exception of certain 
enumerated authorities that were retained by the Department of the 
Treasury. The functions retained by the Department of the Treasury are 
the responsibility of a new Alcohol and Tobacco Tax and Trade Bureau. 
Section 1111 of the Homeland Security Act further provides that the 
Bureau will retain its identity as a separate entity within the 
Department of Justice known as the Bureau of Alcohol, Tobacco, 
Firearms, and Explosives (ATF). The transfer took effect January 24, 
2003.
    In accordance with the requirements of the Privacy Act of 1974, as 
amended, 5 U.S.C. 552a, on January 24, 2003, ATF published its Privacy 
Act systems of records and converted certain ATF systems of records 
from Department of the Treasury systems to Department of Justice 
systems pursuant to the reorganization and transfer of ATF to the 
Department of Justice. (The publication of these systems of records as 
Justice systems does not rescind the Treasury/ATF systems of records, 
as they govern the Alcohol and Tobacco Tax and Trade Bureau within the 
Department of the Treasury.) There has been no change in the 
maintenance or operations of the systems of records by ATF, nor has 
there been a change in the exemptions claimed. Rather, these systems 
notices were published to reflect the transfer of ATF to the Department 
of Justice.
    Because the transfer of ATF to the Department of Justice was 
effective on January 24, 2003, it was necessary to immediately 
establish all appropriate exemptions to the Privacy Act in order to 
protect law enforcement and investigatory information and functions of 
ATF. These exemptions needed to be effective on January 24, 2003, the 
date of the transfer. It would be contrary to the public interest to 
allow the disclosure of information that could compromise ongoing 
investigations and law enforcement activities of the ATF. Accordingly, 
pursuant to the good cause exceptions found at 5 U.S.C. 553(b)(3)(B) 
and (d)(3), the Department found that notice and public procedure on 
this rule were impracticable and contrary to the public interest.
    However, comments were requested on or before March 25, 2003. No 
comments were received. Therefore, the Department of Justice is issuing 
a final rule.

Regulatory Flexibility Act

    This rule relates to individuals, as opposed to small business 
entities. Nevertheless, pursuant to the requirements of the Regulatory 
Flexibility Act 5 U.S.C. 601-612, the 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, and Privacy.
    Accordingly, the interim rule amending 28 CFR part 16 which was 
published at 68 FR 3392 on January 24, 3003, is adopted as final 
without change.

    Dated: April 9, 2003.
Paul R. Corts,
Assistant Attorney General for Administration.
[FR Doc. 03-9324 Filed 4-17-03; 8:45 am]
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