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[Federal Register: April 4, 2001 (Volume 66, Number 65)]
[Proposed Rules]               
[Page 17828-17829]
From the Federal Register Online via GPO Access []

28 CFR Part 16

[AAG/A Order No. 226-2001]

Privacy Act of 1974; Implementation

AGENCY: Department of Justice.

ACTION: Proposed rule.
SUMMARY: The Department of Justice proposes to exempt a Privacy Act 
System of records from subsections (c)(3) and (4), (d), (e)(1), (2), 
and (3), (e)(4)(G) and (H), (e)(5) and (8), and (g) of the Privacy Act, 
5 U.S.C. 552a. This system of records is the Immigration and 
Naturalization Service (INS), ``National Automated Immigration Lookout 
System (NAILS), JUSTICE/INS-032.''
    NAILS facilitates INS in its inspection and investigation process. 
The automated system provides quick and easy retrieval of biographical 
or case data on persons who may be either inadmissible to the United 
States, or of interest to other Federal agencies.
    The exemptions are necessary to avoid interference with law 
enforcement operations. Specifically, the exemptions are necessary to 
prevent subjects of investigations from frustrating the investigatory 
or other law enforcement process such as, deportation/removal 

DATES: Submit any comments by May 4, 2001.

ADDRESSES: Address all comments to Mary Cahill, Management Analyst, 
Management and Planning Staff, Justice Management Division, Department 
of Justice, Washington, DC 20530 (Room 1400 National Place Building).


SUPPLEMENTARY INFORMATION: In the notice section of today's Federal 
Register, the Department of Justice provides a description of the 
``National Automated Immigration Lookout System (NAILS), JUSTICE/INS-
    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 28 CFR Part 16

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

    Dated: March 29, 2001.
Stephen R. Colgate,
Assistant Attorney General for Administration.
    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, 
it is proposed to amend Part 16 of Title 28 of the Code of Federal 
Regulations as set forth below.


    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.

    2. It is proposed to amend Sec. 16.99 by adding paragraph (a)(3) to 
read as follows:

Sec. 16.99  Exemption of the Immigration and Naturalization Service 
System-limited access.

    (a) * * *
    (3) The Immigration and Naturalization Service National Automated 
Immigration Lookout System (NAILS) JUSTICE/INS-032. The exemptions 
apply only to the extent that

[[Page 17829]]

records in the system are subject to exemptions pursuant to 5 U.S.C. 
552a(j)(2) and (k)(2).
* * * * *
[FR Doc. 01-8286 Filed 4-3-01; 8:45 am]
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