Voglio sapere a riguardo di…

Federal Register / Vol. 86, No. 213 / Monday, November 8, 2021 / Rules and Regulations 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 regulation is not a major rule as defined by 5 U.S.C. 804 of the Congressional Review Act.
Executive Order 13132Federalism 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 13132, it is determined that this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.
Executive Order 12988Civil Justice Reform This 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.

lotter on DSK11XQN23PROD with RULES1

Executive Order 13175Consultation and Coordination With Indian Tribal Governments This regulation 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 regulation 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.

VerDate Sep<11>2014

16:24 Nov 05, 2021

Jkt 256001

Congressional Review Act 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. Amend 16.76 by adding paragraphs e and f to read as follows:

16.76 Exemption of Justice Management Division.

e The following system of records is exempted from 5 U.S.C. 552ac3;
d14; e1, e4G, H, and I;
and f: Department of Justice Security Monitoring and Analytics Service Records JUSTICE/JMD026. The exemptions in this paragraph e apply only to the extent that information in this system of records is subject to exemption pursuant to 5 U.S.C.
552ak2. Where DOJ determines compliance would not appear to 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 information systems, the applicable exemption may be waived by the DOJ in its sole discretion.
f Exemptions from the particular subsections listed in paragraph e of this section are justified for the following reasons:
1 From subsection c3, the requirement that an accounting be made
PO 00000

Frm 00027

Fmt 4700

Sfmt 4700

61691

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, external Federal agency subscribers, or other entities that are recipients of the disclosures. Revealing this information could compromise sensitive information 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 certain law enforcement and sensitive records, compliance of which could alert the subject of an authorized law enforcement activity about that particular activity and the interest of the DOJ, external Federal agency subscribers, and/or other entities that are recipients of the disclosure.
Providing access could compromise sensitive information 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.
3 From subsection e1 because it is not always possible to know in advance what information is relevant and necessary for law enforcement 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, external Federal agency subscribers, 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 of records 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 information.

E:FRFM08NOR1.SGM

08NOR1