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Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Proposed Rules General Files System of the Office of Legal Policy, JUSTICE/OLP003.
Executive Orders 12866 and 13563
Regulatory Review In accordance with 5 U.S.C. 552aj and 552ak, this proposed action is subject to formal rulemaking procedures by giving interested persons an opportunity to participate in the rulemaking process through submission of written data, views, or arguments, pursuant to 5 U.S.C. 553.
The Department has determined that this proposed rule is not a significant regulatory action under Executive Order 12866, section 3f, and accordingly this proposed rule has not been reviewed by the Office of Information and Regulatory Affairs within the Office of Management and Budget pursuant to Executive Order 12866.
Regulatory Flexibility Act This proposed rule will only impact Privacy Act-protected records, which are personal and generally do not apply to an individuals entrepreneurial capacity, subject to limited exceptions.
Accordingly, the Chief Privacy and Civil Liberties Officer, in accordance with the Regulatory Flexibility Act 5 U.S.C.
605b, 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.
Small Business Regulatory Enforcement Fairness Act of 1996 Subtitle E
Congressional Review Act The Small Business Regulatory Enforcement Fairness Act SBREFA of 1996, 5 U.S.C. 801 et seq., requires the Department to comply with small entity requests for information and advice about compliance with statutes and regulations within the Departments jurisdiction. Any small entity that has a question regarding this document may contact the person listed in the FOR

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FURTHER INFORMATION CONTACT

paragraph, above. Persons can obtain further information regarding SBREFA
on the Small Business Administrations web page at https www.sba.gov/
advocacy. This proposed rule is not a major rule as defined by 5 U.S.C. 804 of the Congressional Review Act.
Executive Order 13132Federalism This proposed rule 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
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accordance with Executive Order 13132, it is determined that this proposed rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.
Executive Order 12988Civil Justice Reform This proposed regulation meets the applicable standards set forth in sections 3a and 3b2 of Executive Order 12988 to eliminate drafting errors and ambiguity, minimize litigation, provide a clear legal standard for affected conduct, and promote simplification and burden reduction.
Executive Order 13175Consultation and Coordination With Indian Tribal Governments This proposed rule will have no implications for Indian Tribal governments. More specifically, it does not have substantial direct effects on one or more Indian tribes, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes.
Therefore, the consultation requirements of Executive Order 13175
do not apply.
Unfunded Mandates Reform Act of 1995
This proposed 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, as adjusted for inflation, 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.
Paperwork Reduction Act The Paperwork Reduction Act of 1995, 44 U.S.C. 3507d, requires the Department to consider the impact of paperwork and other information collection burdens imposed on the public. There are no current or new information collection requirements associated with this proposed rule.
List of Subjects in 28 CFR Part 16
Administrative Practices and Procedures, Courts, Freedom of Information, 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 29402008, the Department of Justice proposes to amend 28 CFR part 16 as follows:

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PART 16PRODUCTION OR
DISCLOSURE OF MATERIAL OR
INFORMATION
1. The authority citation for part 16
continues to read as follows:

Authority: 5 U.S.C. 301, 552, 552a, 553;
28 U.S.C. 509, 510, 534; 31 U.S.C. 3717.

Subpart EExemption of Records Systems Under the Privacy Act

2. Revise 16.73 to read as follows:

16.73 Exemption of Office of Legal Policy Systems.

a The Judicial Nominations Files JUSTICE/OLP002 system of records is exempt from subsections c3; d;
e1, e4G, H, and I; and f of the Privacy Act, pursuant to 5 U.S.C.
552ak1, k2, k5, and k6.
These exemptions apply only to the extent that information in this system of records is subject to an exemption, pursuant to 5 U.S.C. 552ak. Where compliance would not appear to interfere with or adversely affect OLPs processes, OLP may waive the applicable exemption.
b Exemptions from the particular subsections are justified for the following reasons:
1 From subsection c3, the requirement that an accounting be made available to the named subject of a record, because release of disclosure accountings could alert the subject of an investigation and/or evaluation to the extent of an investigation and/or evaluation. Such a disclosure could also reveal investigative interests by not only OLP, but also other recipient agencies or components. Since release of such information to the subjects of an investigation would provide them with significant information concerning the nature of the investigation and/or evaluation, release could result in the destruction of documentary evidence, improper influencing of witnesses, endangerment of the physical safety of confidential sources, witnesses, and law enforcement personnel, the fabrication of testimony, and other activities that could impede or compromise the investigation and/or evaluation. In addition, providing the individual an accounting for each disclosure could result in the release of properly classified information which would compromise the national defense or disrupt foreign policy.
2 From subsection d, the access and amendment provisions, because many persons are contacted who, without an assurance of anonymity, refuse to provide information concerning the subject of an
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