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Federal Register/Vol. 67, No. 8/Friday, January 11, 2002/Proposed Rules

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Federal Register/Vol. 67, No. 8/Friday, January 11, 2002/Proposed Rules 1424 Federal Register / Vol. 67, No. 8 / Friday, January 11, 2002 / Proposed Rules It is frequently impossible to determine investigation and impede case preparation. DEPARTMENT OF THE INTERIOR initially what information is accurate, Providing access rights normally afforded relevant, timely, and least of all complete. under the Privacy Act would provide the National Park Service With the passage of time, seemingly subject with valuable information that would irrelevant or untimely information may allow interference with or compromise of 36 CFR Parts 2 and 7 acquire new significance as further witnesses or render witnesses reluctant to investigation brings new details to light. cooperate; lead to suppression, alteration, or RIN 1024–AD03 (H) From subsection (e)(8) because the destruction of evidence; enable individuals notice requirements of this provision could Pet Management in Golden Gate to conceal their wrongdoing or mislead the present a serious impediment to law course of the investigation; and result in the National Recreation Area, San enforcement by revealing investigative Francisco, California techniques, procedures, and existence of secreting of or other disposition of assets that confidential investigations. would make them difficult or impossible to AGENCY: National Park Service, Interior. reach in order to satisfy any Government (I) From subsection (f) because the agency’s ACTION: Advanced notice of proposed claim growing out of the investigation or rules are inapplicable to those portions of the rulemaking. system that are exempt and would place the proceeding. burden on the agency of either confirming or (C) From subsection (e)(1) because it is not SUMMARY: The National Park Service denying the existence of a record pertaining always possible to detect the relevance or seeks public comment on a range of to a requesting individual might in itself necessity of each piece of information in the potential management options for provide an answer to that individual relating early stages of an investigation. In some to an on-going investigation. The conduct of addressing appropriate pet management cases, it is only after the information is within Golden Gate National Recreation a successful investigation leading to the evaluated in light of other evidence that its Area, consistent with protecting indictment of a criminal offender precludes relevance and necessity will be clear. the applicability of established agency rules (D) From subsections (e)(4)(G) and (H) national park resources and assuring relating to verification of record, disclosure because this system of records is compiled visitor safety. of the record to that individual, and record DATES: Written comments and amendment procedures for this record for investigative purposes and is exempt from system. the access provisions of subsections (d) and submissions in response to this (J) From subsection (g) because this system (f). advanced notice of proposed of records should be exempt to the extent (E) From subsection (e)(4)(I) because to the rulemaking must be received on or that the civil remedies relate to provisions of extent that this provision is construed to before March 12, 2002. 5 U.S.C. 552a from which this rule exempts require more detailed disclosure than the ADDRESSES: Comments on this advanced the system. broad, generic information currently notice of proposed rulemaking should (iv) Authority: (A) Investigative material published in the system notice, an exemption be mailed to: Superintendent, Attention: compiled for law enforcement purposes, from this provision is necessary to protect the ANPR, Golden Gate National Recreation other than material within the scope of confidentiality of sources of information and subsection 5 U.S.C. 552a(j)(2), may be exempt Area, Building 201, Fort Mason, San to protect privacy and physical safety of Francisco, California 94123. pursuant to 5 U.S.C. 552a(k)(2). However, if witnesses and informants. an individual is denied any right, privilege, (F) Consistent with the legislative purpose FOR FURTHER INFORMATION CONTACT: or benefit for which he would otherwise be of the Privacy Act of 1974, the AF will grant Brian O’Neill, Superintendent, Golden entitled by Federal law or for which he access to nonexempt material in the records Gate National Recreation Area, on 415– would otherwise be eligible, as a result of the 561–4720. maintenance of the information, the being maintained. Disclosure will be individual will be provided access to the governed by AF’s Privacy Regulation, but SUPPLEMENTARY INFORMATION: will be limited to the extent that the identity information exempt to the extent that Background disclosure would reveal the identify of a of confidential sources will not be confidential source. compromised; subjects of an investigation of NPS Pet Regulation an actual or potential criminal or civil Note: When claimed, this exemption Title 36 of the Code of Federal violation will not be alerted to the allows limited protection of investigative Regulations (CFR) governs the use and reports maintained in a system of records investigation; the physical safety of used in personnel or administrative actions. witnesses, informants and law enforcement management of all national park areas. One regulation, 36 CFR 2.15 (a)(2), (B) Therefore, portions of this system of personnel will not be endangered, the records may be exempt pursuant to 5 U.S.C. privacy of third parties will not be violated; requires that all pets, where allowed in 552a(k)(2) from the following subsections of and that the disclosure would not otherwise national park sites, are to be crated, 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H) impede effective law enforcement. Whenever caged or restrained at all times. All areas and (I), and (f). possible, information of the above nature will within Golden Gate National Recreation (v) Reasons: (A) From subsection (c)(3) be deleted from the requested documents and Area (GGNRA), where pets are allowed, because to grant access to the accounting for the balance made available. The controlling are subject to the requirement to have each disclosure as required by the Privacy principle behind this limited access is to pets on leash. Pets currently are not Act, including the date, nature, and purpose allow disclosures except those indicated allowed in some areas of the park, of each disclosure and the identity of the above. The decisions to release information recipient, could alert the subject to the including: Alcatraz, China Beach, Crissy from these systems will be made on a case- Beach tidal marsh and wildlife existence of the investigation. This could by-case basis. seriously compromise case preparation by protection area, East Fort Baker Pier, prematurely revealing its existence and * * * * * Kirby Cove, Muir Woods, Stinson nature; compromise or interfere with 3. Appendix C to section 806b, is Beach, Tennessee Valley, trails and witnesses or make witnesses reluctant to amended to remove and reserve areas not designated for pets, and all cooperate; and lead to suppression, paragraph (b)(12). areas fenced and/or posted as closed to alteration, or destruction of evidence. the public. The latter includes two (B) From subsections (d) and (f) because Dated: January 4, 2002. habitat closure areas at Fort Funston, providing access to investigative records and L.M. Bynum, the right to contest the contents of those and mission blue butterfly habitat areas Alternate OSD Federal Register Liaison records and force changes to be made to the in the Marin Headlands. Pets are not Officer, Department of Defense. information contained therein would allowed in these areas to reduce seriously interfere with and thwart the [FR Doc. 02–681 Filed 1–10–02; 8:45 am] possible conflict between users, protect orderly and unbiased conduct of the BILLING CODE 5001–08–U the natural and cultural resources, VerDate 11<MAY>2000 16:13 Jan 10, 2002 Jkt 197001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\11JAP1.SGM pfrm02 PsN: 11JAP1 Federal Register / Vol. 67, No. 8 / Friday, January 11, 2002 / Proposed Rules 1425 ensure public safety, and address public Golden Gate National Recreation Area incident occurred outside the park health concerns. Advisory Commission. boundaries, it underscored the danger of Since 1972, visitation to the park and dogs in the local community to local Past Pet Management at GGNRA the population of the Bay Area have users. Comments to the park opposing In 1972, the GGNRA Citizens both increased. The park has off leash dogs have increased Advisory Commission (the Commission) experienced increased use of the area significantly since that time. was established by the Secretary of the for off leash dogs, and, as a result, there The park has received complaints by Interior. As outlined in its charter, is increased conflict and potential for park visitors, including minorities, conflict between other user groups and seniors and families with small The purpose of the Commission is to meet with and advise the Secretary of the Interior, dogs and their owners, as well as children, alleging that off leash dogs or the Secretary’s designee, on general heightened sensitivity on the part of the have precluded them from visiting the policies and specific matters related to visiting public. park for fear of being knocked over, planning, administration, and development Underscoring the conflict over the off attacked by dogs, or verbally abused by affecting the recreation area * * * the duties leash dog use, in March 2000, a lawsuit dog owners. Several recent letters of the Commission are solely advisory. was filed in federal court by dog involve visitors requesting permission walking groups, seeking to prevent a 10- In 1979, the Commission developed or authorization to carry weapons (stun acre habitat closure for threatened and and recommended a pet policy to guns, pepper spray) for personal native species at Fort Funston. Prior to GGNRA that established guidance for protection from dog attacks. March 2000, GGNRA staff had consulted These recent events—from increased locations and criteria for ‘‘voice control’’ with interested groups, including both visitor use to the highly publicized of pets within certain areas of the park.
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