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Federal Register / Vol. 88, No.

170 / Tuesday, September 5, 2023 / Rules and Regulations 60583

pursuant to INA 212(a)(5)(A), must DATES:This final rule is effective The regulations require the DPRC, and
provide written confirmation of the October 5, 2023. OPCL in support of the DPRC, to
relevant information sworn and FOR FURTHER INFORMATION CONTACT: maintain all records relating to the
subscribed to before a notary public by Katherine Harman-Stokes, Director DPRC’s review. For each application for
the employer or an authorized employee (Acting), Office of Privacy and Civil review, OPCL shall maintain records of
or agent of the employer. The signer’s Liberties, U.S. Department of Justice, the information reviewed or created by
printed name and position or other Two Constitution Square, 145 N St. NE, the DPRC and the decision of the DPRC
relationship with the employer must Suite 8W–300, Washington, DC 20530; panel, which records shall be made
accompany the signature. email: privacy.compliance@usdoj.gov; available for consideration as non-
(f) Use of Federal poverty line Where telephone: (202) 514–0208; facsimile: binding precedent to future DPRC
INA 213A not applicable. An immigrant (202) 307–0693. panels considering applications for
visa applicant, not subject to the SUPPLEMENTARY INFORMATION: review. 28 CFR 201.9(j), see also 28 CFR
requirements of INA 213A, and relying 201.5 through 201.15. Records of the
solely on personal income to establish I. Background DPRC’s review will include material
eligibility under INA 212(a)(4), who In accordance with the Privacy Act of created by the complainant, the public
does not demonstrate an annual income 1974, OPCL is establishing a new authority of a designated state, ODNI
above the Federal poverty line, as system of records, Data Protection CLPO, elements of the Intelligence
defined in INA 213A(h), and who is Review Court Records System, Community, DPRC Judges and Special
without other adequate financial JUSTICE/OPCL–001, to maintain an Advocates, and Department of Justice
resources, shall be presumed ineligible accurate record of the DPRC review of personnel. Most of the information in
under INA 212(a)(4). determinations made by the Civil this system consists of records that are
Liberties Protection Officer of the Office classified, including the record of
Hugo Rodriguez, of the Director of National Intelligence review received from the ODNI CLPO.
Principal Deputy Assistant Secretary, Bureau (ODNI CLPO) in response to complaints Pursuant to 28 CFR 201.9(i),
of Consular Affairs, Department of State. alleging violations of United States law information in the system indicating a
[FR Doc. 2023–19047 Filed 9–1–23; 8:45 am] in the conduct of United States signals violation of any authority subject to the
BILLING CODE 4710–06–P intelligence activities, under the EU– oversight of the Foreign Intelligence
U.S. Data Protection Framework Surveillance Court (FISC) will be shared
established on October 7, 2022, with the Assistant Attorney General for
pursuant to Executive Order (E.O.) National Security, who shall report
DEPARTMENT OF JUSTICE violations to the FISC as required by law
14086, Enhancing Safeguards for United
28 CFR Part 16 States Signals Intelligence Activities, 87 and in accordance with its rules of
FR 62283 (Oct. 14, 2022). procedure. Similarly, information in the
[CPCLO Order No. 004–2023] E.O. 14086 directed the Attorney system will be provided to the Privacy
General to issue a regulation and Civil Liberties Oversight Board
Privacy Act of 1974; Implementation establishing the DPRC as the second (PCLOB) as necessary for the PCLOB to
level of a two-level redress mechanism conduct the annual review of the
AGENCY: Office of Privacy and Civil for alleged violations of law regarding redress process described in section 3(e)
Liberties, United States Department of signals intelligence activities. The of E.O. 14086, consistent with the
Justice. Attorney General issued the regulation protection of intelligence sources and
ACTION: Final rule. on October 7, 2022, ‘‘Data Protection methods.
Review Court.’’ 87 FR 628303 (Oct. 14, II. Privacy Act Exemption
SUMMARY: The Office of Privacy and 2022) (codified at 28 CFR part 201).
Civil Liberties (OPCL), a component The first level of the new redress The Privacy Act allows Federal
within the United States Department of mechanism established by E.O. 14086 is agencies to exempt eligible records in a
Justice (DOJ or Department), is the investigation, review, and system of records from certain
finalizing without changes its Privacy determination by the ODNI CLPO of provisions of the Act, including those
Act exemption regulations for the whether a covered violation occurred that provide individuals with a right to
system of records titled, Data Protection and, where necessary, the appropriate request access to and amendment of
Review Court Records System, remediation in response to a complaint. records about the individual. If an
JUSTICE/OPCL–001, which were The complainant or an element of the agency intends to exempt a particular
published as a notice of proposed Intelligence Community may seek system of records, it must first issue a
rulemaking (NPRM) on May 23, 2023. review by the DPRC of the ODNI CLPO’s rulemaking pursuant to 5 U.S.C.
The notice for this new system of determination. 553(b)(1)–(3), (c), and (e).
records, Data Protection Review Court Exercising the Attorney General’s The Department modifies 28 CFR part
Records System, JUSTICE/OPCL–001, authority under 28 U.S.C. 511 and 512 16 to add a new Privacy Act exemption
was also published in the Federal to provide his advice and opinion on for the new system of records, Data
Register on May 23, 2023. Specifically, questions of law and the authority Protection Review Court Records
the Department’s regulations will delegated to the Attorney General under System, JUSTICE/OPCL–001. The
exempt this system of records from E.O. 14086, the DPRC will review Department adds this exemption
certain provisions of the Privacy Act to whether the ODNI CLPO’s because most of the records in this
protect national security and law system will contain classified national
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determination regarding the occurrence


enforcement sensitive information, of a covered violation was legally security information. As such, notice,
preserve judicial independence, and correct and supported by substantial access, amendment, and disclosure (to
ensure the integrity of adjudicatory evidence and whether, in the event of a include accounting for those records) to
records in cases before the Data covered violation, the ODNI CLPO’s an individual, as well as certain record-
Protection Review Court (DPRC). The determination as to the appropriate keeping requirements, may cause
Department received no comments on remediation was consistent with E.O. damage to national security. The
the NPRM. 14086. Privacy Act, pursuant to 5 U.S.C.

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60584 Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Rules and Regulations

552a(k)(1), authorizes agencies to claim integrity of adjudicatory records in cases levels of government. Therefore, in
an exemption for systems of records that before DPRC. accordance with E.O. 13132, it is
contain information properly classified The Department has determined that determined that this regulation does not
pursuant to applicable law. Pursuant to this rule is not a ‘‘significant’’ regulatory have sufficient federalism implications
5 U.S.C. 552a(k)(1), the Department has action under section 3(f) of E.O. 12866. to warrant the preparation of a
claimed an exemption from several Accordingly, the rule has not been Federalism Assessment.
provisions of the Privacy Act, including reviewed by the Office of Management
and Budget (OMB) under E.O. 12866. Executive Order 12988—Civil Justice
provisions for individual access,
This rule has been drafted and Reform (Plain Language)
amendment, disclosure of accounting,
as well as certain provisions for record- reviewed in accordance with Executive This regulation meets the applicable
keeping and notice, to prevent Order 12866, ‘‘Regulatory Planning and standards set forth in sections 3(a) and
disclosure of any information properly Review,’’ section 1(b), Principles of 3(b)(2) of E.O. 12988 to eliminate
classified pursuant to applicable law. Regulation; Executive Order 13563, drafting errors and ambiguity, minimize
The Department has also claimed an ‘‘Improving Regulation and Regulatory litigation, provide a clear legal standard
exemption for this system of records Review,’’ section 1(b), General for affected conduct, and promote
from the above references provision of Principles of Regulation; and Executive simplification and burden reduction.
the Privacy Act because the records in Order 14094, ‘‘Modernizing Regulatory
Review’’. OPCL anticipates no costs or Executive Order 13175—Consultation
this system relate to criminal law and Coordination With Indian Tribal
enforcement activities, and certain benefits accruing from this rule.
Governments
requirements of the Privacy Act may Regulatory Flexibility Act
interfere with the effective execution of This regulation will have no
This regulation will impact records implications for Indian Tribal
these law enforcement activities. The related to or reviewed in handling
Privacy Act, pursuant to 5 U.S.C. governments. More specifically, it does
complaints in accordance with E.O. not have substantial direct effects on
552a(j)(2), authorizes agencies with a 14086 and DOJ regulation, 28 CFR part
principal law enforcement function one or more Indian tribes, on the
201, which are personal and generally relationship between the Federal
pertaining to the enforcement of do not apply to an individual’s
criminal laws (including activities of Government and Indian tribes, or on the
entrepreneurial capacity, subject to distribution of power and
prosecutors, courts, etc.) to claim an limited exceptions. Even though this
exemption for systems of records that responsibilities between the Federal
system will contain records that are not Government and Indian tribes.
contain information identifying criminal covered by the Privacy Act, the Chief
offenders and alleged offenders, Therefore, the consultation
Privacy and Civil Liberties Officer has requirements of E.O. 13175 do not
information compiled for the purpose of nevertheless reviewed this regulation in
criminal investigation, or reports apply.
accordance with the Regulatory
compiled for the purpose of criminal Flexibility Act (5 U.S.C. 605(b)), and by Unfunded Mandates Reform Act of
law enforcement proceedings. approving it certifies that this regulation 1995
Additionally, pursuant to 5 U.S.C. will not have a significant economic
552a(k)(2), agencies may exempt a This regulation will not result in the
impact on a substantial number of small expenditure by State, local, and Tribal
system of records from certain entities.
provisions of the Privacy Act if it governments, in the aggregate, or by the
contains investigatory material Small Business Regulatory Enforcement private sector, of $100,000,000, as
compiled for law enforcement purposes, Fairness Act of 1996 (Subtitle E— adjusted for inflation, or more in any
other than materials within the scope of Congressional Review Act) one year, and it will not significantly or
5 U.S.C. 552a(j)(2). The Department has The Small Business Regulatory uniquely affect small governments.
claimed exemptions from several Enforcement Fairness Act (SBREFA) of Therefore, no actions were deemed
provisions of the Privacy Act, pursuant 1996, 5 U.S.C. 801 et seq., requires the necessary under the provisions of the
to 5 U.S.C. 552a(j)(2) and 552a(k)(2), to Department to comply with small entity Unfunded Mandates Reform Act of
prevent the harms articulated in this requests for information and advice 1995.
rule from occurring. Records in this about compliance with statutes and Paperwork Reduction Act
system of records are only exempt from regulations within the Department’s
the Privacy Act to the extent the The Paperwork Reduction Act of
jurisdiction. Any small entity that has a
purposes underlying the exemption 1995, 44 U.S.C. 3507(d), requires the
question regarding this document may
pertain to the record. Department to consider the impact of
contact the person listed in FOR FURTHER
paperwork and other information
Executive Orders 12866, 13563, and INFORMATION CONTACT. Persons can
collection burdens imposed on the
14094—Regulatory Review obtain further information regarding
public. There are no current or new
SBREFA on the Small Business
In accordance with 5 U.S.C. 552a(j) information collection requirements
Administration’s web page at https://
and 552a(k), this regulation was subject associated with this regulation.
www.sba.gov/advocacy. This regulation
to formal rulemaking procedures by is not a major rule as defined by 5 List of Subjects in 28 CFR Part 16
giving interested persons an opportunity U.S.C. 804 of the Congressional Review
to participate in the rulemaking process Administrative practices and
Act.
‘‘through submission of written data, procedures, Courts, Freedom of
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views, or arguments,’’ pursuant to 5 Executive Order 13132—Federalism information, Privacy.


U.S.C. 553. This regulation exempts this This regulation will not have Pursuant to the authority vested in the
system of records from certain substantial direct effects on the States, Attorney General by 5 U.S.C. 552a and
provisions of the Privacy Act to protect on the relationship between the delegated to me by Attorney General
national security and law enforcement National Government and the States, or Order 2940–2008, the Department of
sensitive information, preserve judicial on distribution of power and Justice amends 28 CFR part 16 as
independence and to ensure the responsibilities among the various follows:

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Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Rules and Regulations 60585

PART 16—PRODUCTION OR as well as the provision for making the and timing; what appears relevant and
DISCLOSURE OF MATERIAL OR accounting of disclosures available to an necessary when collected ultimately
INFORMATION individual in subsection (c)(3). The DOJ may be deemed unnecessary. It is only
takes seriously its obligation to maintain after the information is assessed that its
■ 1. The authority citation for part 16 accurate records despite its assertion of relevancy and necessity can be
continues to read as follows: this exemption, and to the extent it, in established. Even if the records received
Authority: 5 U.S.C. 301, 552, 552a, 553; its sole discretion, agrees to permit are ultimately determined to be
28 U.S.C. 509, 510, 534; 31 U.S.C. 3717. amendment or correction of DOJ irrelevant or unnecessary to the
records, it will share that information in adjudication of an application for
Subpart E—Exemption of Records appropriate cases. review, the Office of Privacy and Civil
Systems Under the Privacy Act (3) From subsection (d)(1), (2), (3) and Liberties (OPCL) generally must
(4) (record subject’s right to access and nevertheless retain such records to
■ 2. Add § 16.139 to read as follows: amend records), (e)(4)(G) and (H) maintain an accurate and complete
(publication of procedures for notifying record of the information reviewed by
§ 16.139 Exemption of the Department of
Justice Data Protection Review Court subjects of the existence of records the DPRC.
Records System, JUSTICE/OPCL–001. about them and how they may access (5) From subsection (e)(2) (collection
records and contest contents), (e)(8) directly from the individual) and (3)
(a) The Department of Justice Data
(notice of compelled disclosures), (f) (provide Privacy Act Statement to
Protection Review Court system of
(agency rules for notifying subjects to subjects furnishing information). The
records JUSTICE/OPCL–001 is
the existence of records about them, for DPRC will rely on records received from
exempted from subsections 5 U.S.C.
accessing and amending records, and for the ODNI CLPO, including records that
552a(c)(3) and (4); (d)(1), (2), (3) and (4);
assessing fees) and (g) (civil remedies) the ODNI CLPO received from other
(e)(1), (2) and (3); (e)(4)(G), (H) and (I);
because these provisions concern elements of the Intelligence Community.
(e)(5) and (8); (f) and (g) of the Privacy
individual access to and amendment of The collection efforts of agencies that
Act. These exemptions apply only to the records containing national security, supply information ultimately received
extent that information in this system is law enforcement, intelligence, by the DPRC would be thwarted if the
subject to exemption pursuant to 5 counterintelligence and agencies were required to collect
U.S.C. 552a(j) or (k). Where DOJ counterterrorism sensitive information information with the subject’s
determines that compliance would not that could alert the subject of an knowledge. Application of these
appear to interfere with or adversely authorized law enforcement or provisions would put the subject of
affect the purpose of this system to intelligence activity about that United States signals intelligence
address certain violations of United particular activity and the interest of the activities on notice of the signals
States law in the conduct of United DOJ and/or other law enforcement or intelligence activities and allow the
States signals intelligence activities, and intelligence agencies in the subject. subject an opportunity to engage in
not interfere with national security or Providing access could compromise conduct intended to impede the
law enforcement operations, the information classified to protect investigative activity or avoid
applicable exemption may be waived by national security; disclose information apprehension.
the DOJ in its sole discretion. that would constitute an unwarranted (6) From subsection (e)(4)(I)
(b) Exemptions from these particular invasion of another’s personal privacy; (identifying sources of records in the
subsections are justified for the reveal a sensitive investigative or system of records), to the extent that this
following reasons: intelligence technique; provide subsection is interpreted to require more
(1) From the subsection (c)(3) information that would allow a subject detail regarding the record sources in
(accounting of disclosures) requirement to avoid detection or apprehension; or this system than has been published in
that an accounting be made available to constitute a potential danger to the the Federal Register. Should the
the named subject of a record, because health or safety of law enforcement subsection be so interpreted, exemption
this system is exempt from the access personnel, confidential sources, from this provision is necessary to
provisions of subsection (d). Where the witnesses, or other individuals. protect disclosure of properly classified
individual is the subject of intelligence Nevertheless, DOJ has published notice national security and law enforcement
activities, to provide that individual concerning notification, access, and sensitive information. Further, greater
with the disclosure accounting records contest procedures because it may in specificity of sources of properly
would hinder authorized United States certain circumstances determine it classified records could compromise
intelligence activities by informing that appropriate to provide subjects access to national security.
individual of the existence, nature, or all or a portion of the records about (7) From subsection (e)(5) (maintain
scope of information that is properly them in a system of records, particularly timely, accurate, complete and up-to-
classified pursuant to Executive Order if information pertaining to the date records) because many of the
12958, as amended, and thereby cause individual has been declassified. records in the system were derived from
damage to the national security. (4) From subsection (e)(1) (maintain other domestic and foreign agency
Revealing this information would also only relevant and necessary records) record systems over which DOJ
be contrary to Executive Order 14086 because the Data Protection Review exercises no control. It is often
and could compromise ongoing, Court (DPRC), in the course of receiving impossible to determine in advance if
authorized law enforcement and information pursuant to an application intelligence records contained in this
system are accurate, relevant, timely
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intelligence efforts, particularly efforts for review, including the Office of the
to identify and/or mitigate national Director of National Intelligence (ODNI) and complete, but in the interest of
security threats. Civil Liberties Protection Officer’s maintaining a complete record of the
(2) From subsection (c)(4) (notice of (CLPO) record of review, may receive information reviewed by the DPRC in
amendment to record recipients) records that are ultimately deemed each case, it is necessary to retain this
notification requirements because this irrelevant or unnecessary for the information. The restrictions imposed
system is exempt from the access and adjudication of the matter. Relevance by subsection (e)(5) would impede
amendment provisions of subsection (d) and necessity are questions of judgment development of the record for review

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60586 Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Rules and Regulations

and limit the DPRC’s ability to exercise DATES: This document lists temporary the rule. Timely publication of
independent judgment in the Coast Guard rules and notifications of notifications of enforcement of
adjudication of applications for review. enforcement that became effective, reoccurring regulations may be
(8) Continue in effect and assert all primarily between January 2023 and precluded when the event occurs with
exemptions claimed under 5 U.S.C. March 2023, unless otherwise indicated, short notice or other agency procedural
552a(j) or (k) by an originating agency and were terminated before they could restraints.
from which DOJ obtains records where be published in the Federal Register. Because Federal Register publication
the purposes underlying the original ADDRESSES: Temporary rules listed in was not possible before the end of the
exemption remain valid and necessary this document may be viewed online, effective period, mariners were
to protect the contents of the record. under their respective docket numbers, personally notified of the contents of
Dated: August 23, 2023. using the Federal eRulemaking Portal at these safety zones, security zones,
Peter Winn, https://www.regulations.gov. special local regulations, regulated
Chief Privacy and Civil Liberties Officer FOR FURTHER INFORMATION CONTACT: For navigation areas or drawbridge
(Acting), United States Department of Justice. questions on this document contact operation regulations by Coast Guard
[FR Doc. 2023–19093 Filed 9–1–23; 8:45 am] Yeoman First Class Glenn Grayer, Office officials on-scene prior to any
BILLING CODE 4410–PJ–P of Regulations and Administrative Law, enforcement action. However, the Coast
telephone (202) 372–3862. Guard, by law, must publish in the
SUPPLEMENTARY INFORMATION: Coast Federal Register notice of substantive
DEPARTMENT OF HOMELAND Guard District Commanders and rules adopted. To meet this obligation
SECURITY Captains of the Port (COTP) must be without imposing undue expense on the
immediately responsive to the safety public, the Coast Guard periodically
Coast Guard publishes a list of these temporary
and security needs within their
jurisdiction; therefore, District safety zones, security zones, special
33 CFR Parts 100 and 165 local regulations, regulated navigation
Commanders and COTPs have been
[USCG–2023–0250] delegated the authority to issue certain areas and drawbridge operation
local regulations. Safety zones may be regulations. Permanent rules are not
2023 Quarterly Listings; Safety Zones, established for safety or environmental included in this list because they are
Security Zones, and Special Local purposes. A safety zone may be published in their entirety in the
Regulations stationary and described by fixed limits Federal Register. Temporary rules are
or it may be described as a zone around also published in their entirety if
AGENCY: Coast Guard, DHS. sufficient time is available to do so
ACTION:Notification of expired a vessel in motion. Security zones limit
access to prevent injury or damage to before they are placed in effect or
temporary rules issued. terminated. In some of our reoccurring
vessels, ports, or waterfront facilities.
SUMMARY: This document provides Special local regulations are issued to regulations, we say we will publish a
notification of substantive rules issued enhance the safety of participants and notice of enforcement as one of the
by the Coast Guard that were made spectators at regattas and other marine means of notifying the public. We use
temporarily effective but expired before events. this notification to announce those
they could be published in the Federal Timely publication of these rules in notifications of enforcement that we
Register. This document lists temporary the Federal Register may be precluded issued and will post them to their
safety zones, security zones, and special when a rule responds to an emergency, dockets.
local regulations, all of limited duration or when an event occurs without The following unpublished rules were
and for which timely publication in the sufficient advance notice. The affected placed in effect temporarily during the
Federal Register was not possible. This public is, however, often informed of period between January 2023 and March
document also announces notifications these rules through Local Notices to 2023 unless otherwise indicated. To
of enforcement for existing reoccurring Mariners, press releases, and other view copies of these rules, visit
regulations that we issued but were means. Moreover, actual notification is www.regulations.gov and search by the
unable to be published before the provided by Coast Guard patrol vessels docket number indicated in the
enforcement period ended. enforcing the restrictions imposed by following table.

Enforcement
Docket No. Type of regulation Location date

USCG–2022–0991 .................. Safety Zones (Parts 147 and 165) .................. Port Detroit Zone ............................................. 12/31/2022
USCG–2022–1008 .................. Safety Zones (Parts 147 and 165) .................. Corpus Christi, TX ........................................... 1/4/2023
USCG–2022–1003 .................. Security Zones (Part 165) ............................... Cincinnati, OH ................................................. 1/4/2023
USCG–2023–0060 .................. Safety Zones (Parts 147 and 165) .................. U.S. EEZ offshore of Jacksonville, Daytona, 1/12/2023
and Cape Canaveral, FL.
USCG–2023–0066 .................. Safety Zones (Parts 147 and 165) .................. Corpus Christi, TX ........................................... 1/13/2023
USCG–2023–0069 .................. Security Zones (Part 165) ............................... Amelia Island, FL ............................................. 1/22/2023
USCG–2023–0103 .................. Security Zones (Part 165) ............................... Baltimore, MD .................................................. 1/30/2023
USCG–2023–0088 .................. Safety Zones (Parts 147 and 165) .................. Pensacola, FL .................................................. 1/30/2023
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USCG–2023–0107 .................. Safety Zones (Parts 147 and 165) .................. Corpus Christi, TX ........................................... 1/30/2023
USCG–2023–0090 .................. Safety Zones (Parts 147 and 165) .................. Corpus Christi, TX ........................................... 2/1/2023
USCG–2023–0140 .................. Security Zones (Part 165) ............................... Tampa, FL ....................................................... 2/9/2023
USCG–2022–1006 .................. Special Local Regulations (Part 100) .............. Bradenton, FL .................................................. 2/11/2023
USCG–2023–0071 .................. Safety Zones (Parts 147 and 165) .................. South Padre Island, TX ................................... 2/11/2023
USCG–2023–0190 .................. Safety Zones (Parts 147 and 165) .................. Charleston, SC ................................................ 3/2/2023
USCG–2023–0016 .................. Security Zones (Part 165) ............................... Miami Beach, FL ............................................. 3/8/2023
USCG–2023–0208 .................. Security Zones (Part 165) ............................... San Diego, CA ................................................. 3/13/2023

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