SUPPLEMENTARY INFORMATION:

BJS is a Federal statistical agency and is a principal source of official statistics on crime and justice. BJS's mission is to collect, analyze, and disseminate information on crime, criminal offenders, victims of crime, and the operation of justice systems at all levels of government. “BJS Statistical Data” is a new system of records that includes information collected under BJS's authority from sources including survey respondents and from administrative records that are routinely maintained by other entities including Federal, state, local, and tribal criminal justice or governmental agencies and offices. The purpose of this system of records is to maintain data collected under BJS's authority through questionnaires, paper and electronic surveys, interviews, focus groups, and administrative records to support its statistical mission. BJS regularly obtains records with names, dates of birth, addresses, social security numbers, and other identification numbers, to complete its statistical work.

Executive Orders 12866 and 13563—Regulatory Review

In accordance with 5 U.S.C. 552a(k)(4), this proposed action is subject to formal rulemaking procedures by giving interested persons an opportunity to participate in the rulemaking process “through submission of written data, views, or arguments,” pursuant to 5 U.S.C. 553. The purpose of this system of records is to maintain data collected under BJS's authority through questionnaires, paper and electronic surveys, interviews, focus groups, and administrative records maintained and provided by Federal, state, local, and tribal criminal justice or governmental agencies. This proposed action does not raise novel legal or policy issues, nor does it adversely affect the economy, the budgetary impact of entitlements, grants, user fees, loan programs, or the rights and obligations of recipients thereof in a material way. The Office of Management and Budget has determined that this rule is not a “significant regulatory action” under Executive Order 12866, section 3(f), and accordingly this rule has not been reviewed by the Office of Information and Regulatory Affairs within the Office of Management and Budget pursuant to Executive Order 12866.

Regulatory Flexibility Act

This proposed rule will only impact Privacy Act-protected records, which are personal and generally do not apply to an individual's entrepreneurial capacity, subject to limited exceptions. Accordingly, the Chief Privacy and Civil Liberties Officer, in accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and by approving it certifies that this regulation will not have a significant economic impact on a substantial number of small entities.

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 Department's jurisdiction. Any small entity that has a question regarding this document may contact the person listed in FOR FURTHER INFORMATION CONTACT paragraph, above. Persons can obtain further information regarding SBREFA on the Small Business Administration's web page at www.sba.gov/​advocacy. This ( printed page 65512) proposed rule is not a major rule as defined by 5 U.S.C. 804 of the Congressional Review Act.

Executive Order 13132—Federalism

This proposed rule 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 12988—Civil Justice Reform

This proposed regulation meets the applicable standards set forth in sections 3(a) and 3(b)(2) 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.

Executive Order 13175—Consultation and Coordination With Indian Tribal Governments

This proposed rule 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 proposed rule 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.

Paperwork Reduction Act

The Paperwork Reduction Act of 1995, 44 U.S.C. 3507(d), requires the Department to consider the impact of paperwork and other information collection burdens imposed on the public. The Paperwork Reduction Act applies to some records collected as part of this system of records. Relevant collections are approved by the Office of Management and Budget (OMB) and are assigned OMB control numbers.

Pursuant to the authority vested in the Attorney General by 5 U.S.C. 552a and delegated to me by Attorney General Order 2940-2008, the Department of Justice proposes to amend 28 CFR part 16 as follows:

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.

1. Amend § 16.100 by adding paragraphs (c) and (d) to read as follows:

(c) The following system of records is exempted from subsections 5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), and (H); and (f) of the Privacy Act:

(1) BJS Statistical Data, (JUSTICE/OJP—017).

These exemptions apply only to the extent that records in this system are subject to exemption pursuant to 5 U.S.C. 552a (k)(4).

(d) The reasons for asserting these exemptions are to comply with the confidentiality provisions of 34 U.S.C. 10231 and 34 U.S.C. 30303 and the requirement of 34 U.S.C. 10134 that the data is to be used solely for statistical purposes and for authorized purposes under the PREA (44 U.S.C. 3563) and DCRA (Pub. L. 113-242), and to avoid unlawful consideration of these records whose sole statistical use comports fully with a basic purpose of the Privacy Act, namely, that no adverse disclosures are made from these records as to any identifiable individual.