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[Federal Register: July 5, 2001 (Volume 66, Number 129)]
[Rules and Regulations]               
[Page 35374]
From the Federal Register Online via GPO Access []

[[Page 35374]]

28 CFR Part 16

[AAG/A Order No. 236-2001]

Privacy Act of 1974; Implementation

AGENCY: Department of Justice.

ACTION: Final rule.
SUMMARY: The Department of Justice is exempting a Privacy Act System of 
records for 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 maintained by the Immigration and 
Naturalization Service (INS) and is entitled ``National Automated 
Immigration Lookout System (NAILS), JUSTICE/INS-032.''
    The NAILS system 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 
    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 

EFFECTIVE DATE: This final rule is effective July 5, 2001.

FOR FURTHER INFORMATION CONTACT: Mary Cahill--(202) 307-1823.

SUPPLEMENTARY INFORMATION: On April 4, 2001 (66 FR 17828) a proposed 
rule was published in the Federal Register with an invitation to 
comment. The INS accepted three comments on the proposed rule from 
interested parties on or before April 13, 2001. One commenter expressed 
support for the proposed rule. Two commenters believed that exceptions 
were being made to the Privacy Act. No exceptions were being made to 
the Privacy Act. As in the proposed rule, the final rule specifically 
states that exemptions will apply only to the extent that information 
in the system is subject to exemption. The INS cited the same 
exemptions for law enforcement records as any other agency that has law 
enforcement functions. The exemptions are warranted and do not make 
exceptions that may violate the Privacy Act.
    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.

    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, 
Title 28 of the Code of Federal Regulations, part 16 is amended as set 
forth below.


    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.

    2. 28 CFR 16.99 is amended by adding paragraph (a)(3) to read as 

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 records in the system are subject to 
exemptions pursuant to 5 U.S.C. 552a(j)(2) and (k)(2).
* * * * *

    Dated: June 21, 2001.
Janis A. Sposato,
Acting Assistant Attorney General for Administration.
[FR Doc. 01-16824 Filed 7-3-01; 8:45 am]