[Federal Register Volume 71, Number 191 (Tuesday, October 3, 2006)]
[Rules and Regulations]
[Pages 58277-58278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-16280]


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DEPARTMENT OF JUSTICE

28 CFR Part 16

[AAG/A Order No. 015-2006]


Privacy Act of 1974; Implementation

AGENCY: Department of Justice.

ACTION: Final rule.

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SUMMARY: This rule amends part 16 of title 28 of the Code of Federal 
Regulations to reflect the applicability of Privacy Act Systems of 
Records Notices and any associated exemptions to the newly established 
National Security Division (NSD) at the Department of Justice. The 
National Security Division was created by section 506 of the USA 
PATRIOT Improvement and Reauthorization Act of 2005, by consolidating 
the resources of the Office of Intelligence Policy and Review (OIPR) 
and the Criminal Division's Counterterrorism and Counterespionage 
Sections. Therefore, Privacy Act Systems of Records Notices and any 
associated exemptions that applied to OIPR and the Criminal Division's 
Counterterrorism and Counterespionage Sections, are adopted by and 
applicable to the NSD until modified, superseded, or revoked in 
accordance with law.

DATES: Effective Date: This rule is effective October 3, 2006

FOR FURTHER INFORMATION CONTACT: Mary Cahill, Justice Management 
Division, U.S. Department of Justice, 1331 Pennsylvania Ave., NW., 
Suite 1400, Washington, DC 20530; Telephone: (202) 307-1823.

SUPPLEMENTARY INFORMATION: Because OIPR is transferring in its entirety 
to NSD, all the Privacy Act Systems of Records Notices and exemptions 
that applied to OIPR are adopted by and now apply to NSD. As a result 
of the transfer of the Criminal Division's Counterterrorism and 
Counterespionage Sections to NSD, the following Privacy Act System of 
Records Notice and associated exemptions are adopted by and apply to 
NSD: ``Central Criminal Division Index File and Associated Records, 
JUSTICE/CRM-001'' (to the extent that subject matters therein are 
transferred to the jurisdiction of NSD), 63 FR 8659 (February 20, 
1998), as amended in part by 66 FR 17200 (March 29, 2001), (this notice 
and associated exemptions continue to apply to the Criminal Division as 
well). The notices for the following nonexempt Systems of Records are 
also adopted by and apply to NSD: ``Registration and Propaganda Files 
Under the Foreign Agents Registration Act of 1938, as amended, JUSTICE/
CRM-017'' 53 FR 16794 (May 11, 1988), and ``Registration Files of 
Individuals Who Have Knowledge of or Have Received Instruction or 
Assignment in Espionage, Counterespionage, or Sabotage Service or 
Tactics of a Foreign Government or of a Foreign Political Party, 
JUSTICE/CRM-018'' 52 FR 47197 (December 11, 1987).
    No substantive changes are being made to the Privacy Act Systems of 
Records Notices and associated exemptions at this time, and the 
adoption by and continued applicability of the notices and exemptions 
to NSD will not add or remove any substantive rights or obligations of 
the public.

Administrative Procedure Act--5 U.S.C. 553

    This rule is a rule of agency organization and relates to a matter 
relating to agency management and is therefore exempt from the 
requirements of prior notice and comment and a 30-day delay in the 
effective date. See 5 U.S.C. 553(a)(2), 553(b)(3)(A).

Regulatory Flexibility Act

    The Attorney General, in accordance with the Regulatory Flexibility 
Act (5 U.S.C. 605(b)), has reviewed this regulation and by approving it 
certifies that this regulation will not have a significant economic 
impact on a substantial number of small entities because it pertains to 
personnel and administrative matters affecting the Department. Further, 
a Regulatory Flexibility Analysis was not required to be prepared for 
this final rule since the Department was not required to publish a 
general notice of proposed rulemaking for this matter.

Executive Order 12866--Regulatory Planning and Review

    This action has been drafted and reviewed in accordance with 
Executive Order 12866 Regulatory Planning and Review, section 1(b), 
Principles of Regulation. This rule is limited to agency organization, 
management, and personnel as described by Executive Order 12866 section 
3(d)(3) and, therefore, is not a ``regulation'' or ``rule'' as defined 
by that Executive Order. Accordingly, this action has not been reviewed 
by the Office of Management and Budget.

Executive Order 13132--Federalism

    This regulation will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with Executive 
Order 12612, it is determined that this rule does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment.

Executive Order 12988--Civil Justice Reform

    This regulation meets the applicable standards set forth in 
sections 3(a) and 3(b)(2) of Executive Order 12988.

Unfunded Mandates Reform Act of 1955

    This rule will not result in the expenditure by State, local and 
tribal governments, in the aggregate, or by the private sector of 
$100,000,000 or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

Congressional Review Act

    This action pertains to agency management, personnel and 
organizations and does not substantially affect the rights or 
obligations of non-agency parties and, accordingly, is not a ``rule'' 
as that term is used by the Congressional Review Act (Subtitle E of the 
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)). 
Therefore, the reporting requirement of 5 U.S.C. section 801 does not 
apply.

List of Subjects in 28 CFR Part 16

    Administrative Practices and Procedures, Courts, Freedom of 
Information, Sunshine Act and Privacy.

0
Pursuant to the authority vested in the Attorney General by 5 U.S.C. 
552a and delegated to me by Attorney General Order 793-78, title 28 of 
the Code of Federal Regulations is amended as follows:

[[Page 58278]]

PART 16--PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION

0
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.


0
2. Amend Sec.  16.74 by revising paragraph (a) introductory text to 
read as follows:


Sec.  16.74  Exemption of Office of Intelligence Policy and Review 
Systems--limited access.

    (a) The following systems of records are exempt from 5 U.S.C. 
552a(c)(3), (c)(4), (d), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(8), 
(f) and (g); these systems of records and associated exemptions are 
adopted by and apply with equal force and effect to the National 
Security Division, until modified, superseded, or revoked in accordance 
with law:
* * * * *

0
3. Amend Sec.  16.91 by adding a sentence at the end of paragraph 
(a)(1) to read as follows:


Sec.  16.91  Exemption of Criminal Division Systems--limited access, as 
indicated.

    (a) * * *
    (1) * * * This system of records and associated exemptions is 
adopted by and applies with equal force and effect to the National 
Security Division, until modified, superseded, or revoked in accordance 
with law.
* * * * *

    Dated: September 28, 2006.
Lee J. Lofthus,
Acting Assistant Attorney General for Administration.
 [FR Doc. E6-16280 Filed 10-2-06; 8:45 am]
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