Exemption of Systems of Records Under the Privacy Act

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.

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(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.

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[FR Doc. 97-1317 Filed 1-17-97; 8:45 am]

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