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Federal Register / Vol. 86, No. 213 / Monday, November 8, 2021 / Rules and Regulations Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995.
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 FOR FURTHER
INFORMATION CONTACT section, above.
Persons can obtain further information regarding SBREFA on the Small Business Administrations web page at https www.sba.gov/advocacy. This rule is not a major rule as defined by 5
U.S.C. 804 of the Congressional Review Act.
Paperwork Reduction Act This rule imposes no information collection or recordkeeping requirements.
List of Subjects in 28 CFR Part 16
Administrative practices and procedures, Courts, Freedom of information, Privacy.
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 amends 28 CFR part 16 as follows:
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. Add 16.138 to read as follows:

lotter on DSK11XQN23PROD with RULES1

16.138 Exemption of the Department of Justice Information Technology, Information System, and Network Activity and Access Records, JUSTICE/DOJ002.

a The Department of Justice Information Technology, Information System, and Network Activity and Access Records JUSTICE/DOJ002
system of records is exempted from subsections c3; d1, 2, 3 and 4;
e1, e4G, H, and I; and f of the Privacy Act of 1974, as amended.
The exemptions in this paragraph a
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apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C.
552ak1 or k2. The applicable exemption may be waived by the DOJ in its sole discretion where DOJ
determines compliance with the exempted provisions of the Act would not interfere with or adversely affect the purpose of this system of records to ensure that the Department can track information system access and implement information security protections commensurate with the risk and magnitude of harm that could result from the unauthorized access, use, disclosure, disruption, modification, or destruction of DOJ information and DOJ
information systems.
b Exemptions from the particular subsections listed in paragraph a of this section 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 this system of records is exempt from the access provisions of subsection d. Also, because making available to a record subject the accounting of disclosures of records concerning the subject would specifically reveal investigative interests in the records by the DOJ or other entities that are recipients of the disclosures. Revealing this information could compromise sensitive information classified in the interest of national security, or interfere with the overall law enforcement process by revealing a pending sensitive cybersecurity investigation. Revealing this information could also permit the record subject to obtain valuable insight concerning the information obtained during any investigation and to take measures to impede the investigation, e.g., destroy evidence or alter techniques to evade discovery.
2 From subsection d1, 2, 3 and 4, e4G and H, and f because these provisions concern individual access to and amendment of records, compliance with which regarding certain law enforcement and classified records could alert the subject of an authorized law enforcement activity about that particular activity and the interest of the DOJ and/or other law enforcement or intelligence agencies.
Providing access could compromise information classified to protect national security, or reveal sensitive cybersecurity investigative techniques;
provide information that would allow a subject to avoid detection; or constitute a potential danger to the health or safety of law enforcement personnel or confidential sources.

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3 From subsection e1 because it is not always possible to know in advance what information is relevant and necessary for law enforcement and intelligence purposes. The relevance and utility of certain information that may have a nexus to cybersecurity threats may not always be fully evident until and unless it is vetted and matched with other information lawfully maintained by the DOJ or other entities.
4 From subsection e4I, to the extent that this subsection is interpreted to require more detail regarding the record sources in this system than has been published in the Federal Register.
Should the subsection be so interpreted, exemption from this provision is necessary to protect the sources of law enforcement and intelligence information. Further, greater specificity of sources of properly classified records could compromise national security.
Dated: October 26, 2021.
Peter A. Winn, Acting Chief Privacy and Civil Liberties Officer, United States Department of Justice.
FR Doc. 202124315 Filed 11521; 8:45 am BILLING CODE 4410NWP

DEPARTMENT OF JUSTICE
28 CFR Part 16
CPCLO Order No. 0112021

Privacy Act of 1974; Implementation Justice Management Division, United States Department of Justice.
ACTION: Final rule.
AGENCY:

The United States Department of Justice DOJ or Department is finalizing without changes its Privacy Act exemption regulations for the system of records titled, Security Monitoring and Analytics Service Records, JUSTICE/JMD026, which were published as a notice of proposed rulemaking NPRM on July 30, 3021.
Specifically, the Departments regulations will exempt the records maintained in JUSTICE/JMD026 from one or more provisions of the Privacy Act. The exemptions are necessary to avoid interference with efforts to prevent the unauthorized access, use, disclosure, disruption, modification, or destruction of information, information systems, and networks of DOJ and external Federal agency subscribers. The Department received two comments on the NPRM, neither of which impact the Departments decision to proceed with issuing this final rule.
DATES: This final rule is effective December 8, 2021.
SUMMARY:

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08NOR1