Privacy Act of 1974; Implementation, 26598-26600 [E9-12859]
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26598
Federal Register / Vol. 74, No. 105 / Wednesday, June 3, 2009 / Proposed Rules
SUPPLEMENTARY INFORMATION:
Background
The notice of proposed rulemaking
that is the subject of this document is
under section 2036 of the Internal
Revenue Code.
*
*
*
*
Need for Correction
As published, the notice of proposed
rulemaking (REG–119532–08) that
published on April 30, 2009 (74 FR
19913) does not accurately reflect the
information intended to be
communicated and thus needs
clarification.
Correction to Publication
Accordingly, the notice of proposed
rulemaking which was the subject of FR
Doc. E9–10003 is corrected as follows:
*
Cynthia E. Grigsby,
Senior Federal Register Liaison Officer,
Publications and Regulations Branch, Legal
Processing Division, Associate Chief Counsel
(Procedure and Administration).
[FR Doc. E9–12855 Filed 6–2–09; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF JUSTICE
Fusion Center and International
Organized Crime Intelligence and
Operations Center System,’’ JUSTICE/
CRM–028, will be exempt from the
subsections of the Privacy Act listed
below for the reasons set forth in the
following text. Information in this
system of records relates to matters of
law enforcement, and the exemptions
are necessary to avoid interference with
law enforcement responsibilities and to
protect the privacy of third parties.
28 CFR Part 16
DATES:
[CPCLO Order No. 002–2009]
2009.
sroberts on PROD1PC70 with PROPOSALS
AGENCY: Criminal Division, Department
of Justice.
ACTION: Proposed rule.
SUMMARY: The Criminal Division (CRM),
Department of Justice, proposes to
amend its Privacy Act regulations for a
newly modified Privacy Act system of
records entitled ‘‘Organized Crime Drug
Enforcement Task Force Fusion Center
and International Organized Crime
Intelligence and Operations Center
System,’’ JUSTICE/CRM–028, as
described in today’s notice section of
the Federal Register. The ‘‘Organized
Crime Drug Enforcement Task Force
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Jkt 217001
Address all comments to
Robin Moss, Privacy Analyst, Office of
Privacy and Civil Liberties, Department
of Justice, 1331 Pennsylvania Avenue,
Room 940, Washington, DC 20530. To
ensure proper handling, please
reference the CPCLO Order No. on your
correspondence. You may view an
electronic version of this proposed rule
at www.regulations.gov. You may also
comment via the Internet to the DOJ
Office of Privacy and Civil Liberties at
the following e-mail address:
DOJPrivacyACTProposedRegulations@
usdoj.gov; or by using the
www.regulations.gov comment form for
this regulation. When submitting
comments electronically, you must
ADDRESSES:
Privacy Act of 1974; Implementation
VerDate Nov<24>2008
Submit any comments by July 6,
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On page 19917, § 20.2036–1 (c)(2)(iii)
Example 7 (iii), the chart at the top of
the page is corrected to read as follows:
§ 20.2036–1
estate.
*
Transfers with retained life
*
*
*
*
(c) * * *
(2) * * *
(iii) * * *
Example 7. * * *
(iii) * * *
include the CPCLO Order No. in the
subject box.
FOR FURTHER INFORMATION CONTACT:
Robin Moss, 202–514–0208.
SUPPLEMENTARY INFORMATION: This
proposed rule seeks to amend 28 CFR
16.91 paragraphs (u) and (v) as set forth
below. These modified paragraphs
exempt the ‘‘Organized Crime Drug
Enforcement Task Force Fusion Center
and International Organized Crime
Intelligence and Operations Center
System,’’ JUSTICE/CRM–028, from
certain provisions of the Privacy Act of
1974, as amended.
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, this
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, Sunshine Act and Privacy.
Pursuant to the authority vested in the
Attorney General by 5 U.S.C. 552a and
delegated to me by Attorney General
Order No. 2940–2008, it is proposed to
amend 28 CFR part 16 as follows:
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EP03JN09.046
FOR FURTHER INFORMATION CONTACT:
Theresa M. Melchiorre, (202) 622–3090
(not a toll-free number).
Federal Register / Vol. 74, No. 105 / Wednesday, June 3, 2009 / Proposed Rules
PART 16—PRODUCTION OR
DISCLOSURE OF MATERIAL OR
INFORMATION
1. The authority citation for part 16
continues to read as follows:
Authority: 5 U.S.C. 301, 552, 552a, 552b(g),
and 553; 18 U.S.C. 4203(a)(1); 28 U.S.C. 509,
510, 534; 31 U.S.C. 3717 and 9701.
2. Section 16.91 is amended by
revising paragraphs (u) and (v) to read
as follows:
sroberts on PROD1PC70 with PROPOSALS
§ 16.91 Exemption of Criminal Division
Systems—limited access, as indicated.
(u) The following system of records is
exempted pursuant to the provisions of
5 U.S.C. 552a(j) and/or (k) from
subsections (c)(3) and (4); (d)(1), (2), (3)
and (4); (e)(1), (2), (3), (4)(G), (H) and (I),
(5) and (8); (f) and (g) of 5 U.S.C. 552a:
Organized Crime Drug Enforcement
Task Force Fusion Center and
International Organized Crime
Intelligence and Operations Center
System (JUSTICE/CRM–028). These
exemptions apply only to the extent that
information in this system is subject to
exemption pursuant to 5 U.S.C. 552a(j)
and/or (k).
(v) Exemptions from the particular
subsections are justified for the
following reasons:
(1) From subsection (c)(3) because to
provide the subject with an accounting
of disclosures of records in this system
could inform that individual of the
existence, nature, or scope of an actual
or potential law enforcement or
counterintelligence investigation by the
Organized Crime Drug Enforcement
Task Force Fusion Center, the
International Organized Crime
Intelligence and Operations Center, or
the recipient agency, and could permit
that individual to take measures to
avoid detection or apprehension, to
learn the identity of witnesses and
informants, or to destroy evidence, and
would therefore present a serious
impediment to law enforcement or
counterintelligence efforts. In addition,
disclosure of the accounting would
amount to notice to the individual of the
existence of a record. Moreover, release
of an accounting may reveal information
that is properly classified pursuant to
Executive Order and could compromise
the national defense or foreign policy.
(2) From subsection (c)(4) because this
subsection is inapplicable to the extent
that an exemption is being claimed for
subsections (d)(1), (2), (3), and (4).
(3) From subsection (d)(1) because
disclosure of records in the system
could alert the subject of an actual or
potential criminal, civil, or regulatory
violation of the existence of that
investigation, of the nature and scope of
VerDate Nov<24>2008
16:01 Jun 02, 2009
Jkt 217001
the information and evidence obtained
as to his activities, of the identity of
confidential witnesses and informants,
of the investigative interest of Organized
Crime Drug Enforcement Task Force
Fusion Center, International Organized
Crime Intelligence and Operations
Center, and other intelligence or law
enforcement agencies (including those
responsible for civil proceedings related
to laws against drug trafficking or
related financial crimes or international
organized crime); lead to the destruction
of evidence, improper influencing of
witnesses, fabrication of testimony, and/
or flight of the subject; reveal the details
of a sensitive investigative or
intelligence technique, or the identity of
a confidential source; or otherwise
impede, compromise, or interfere with
investigative efforts and other related
law enforcement and/or intelligence
activities. In addition, disclosure could
invade the privacy of third parties and/
or endanger the life, health, and
physical safety of law enforcement
personnel, confidential informants,
witnesses, and potential crime victims.
Access to records could also result in
the release of information properly
classified pursuant to Executive Order,
thereby compromising the national
defense or foreign policy.
(4) From subsection (d)(2) because
amendment of the records thought to be
incorrect, irrelevant, or untimely would
also interfere with ongoing
investigations, criminal or civil law
enforcement proceedings, and other law
enforcement activities and impose an
impossible administrative burden by
requiring investigations, analyses, and
reports to be continuously
reinvestigated and revised, as well as
may impact information properly
classified pursuant to Executive Order.
(5) From subsections (d)(3) and (4)
because these subsections are
inapplicable to the extent exemption is
claimed from (d)(1) and (2).
(6) From subsection (e)(1) because, in
the course of its acquisition, collation,
and analysis of information under the
statutory authority granted to them, both
the Organized Crime Drug Enforcement
Task Force Fusion Center and
International Organized Crime
Intelligence and Operations Center will
occasionally obtain information,
including information properly
classified pursuant to Executive Order,
that concern actual or potential
violations of law that are not strictly
within its statutory or other authority or
may compile information in the course
of an investigation which may not be
relevant to a specific prosecution. It is
impossible to determine in advance
what information collected during an
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26599
investigation will be important or
crucial to the apprehension of fugitives.
In the interests of effective law
enforcement, it is necessary to retain
such information in this system of
records because it can aid in
establishing patterns of criminal activity
and can provide valuable leads for
federal and other law enforcement
agencies. This consideration applies
equally to information acquired from, or
collated or analyzed for, both law
enforcement agencies and agencies of
the U.S. foreign intelligence community
and military community.
(7) From subsection (e)(2) because in
a criminal, civil, or regulatory
investigation, prosecution, or
proceeding, the requirement that
information be collected to the greatest
extent practicable from the subject
individual would present a serious
impediment to law enforcement because
the subject of the investigation,
prosecution, or proceeding would be
placed on notice as to the existence and
nature of the investigation, prosecution,
and proceeding and would therefore be
able to avoid detection or apprehension,
to influence witnesses improperly, to
destroy evidence, or to fabricate
testimony. Moreover, thorough and
effective investigation and prosecution
may require seeking information from a
number of different sources.
(8) From subsection (e)(3) (to the
extent applicable) because the
requirement that individuals supplying
information be provided a form stating
the requirements of subsection (e)(3)
would constitute a serious impediment
to law enforcement in that it could
compromise the existence of a
confidential investigation or reveal the
identity of witnesses or confidential
informants and endanger their lives,
health, and physical safety. The
individual could seriously interfere
with undercover investigative
techniques and could take appropriate
steps to evade the investigation or flee
a specific area.
(9) From subsections (e)(4)(G), (H) and
(I) because this system is exempt from
the access provisions of subsection (d)
pursuant to subsections (j) and (k) of the
Privacy Act.
(10) From subsection (e)(5) because
the acquisition, collation, and analysis
of information for law enforcement
purposes from various agencies does not
permit a determination in advance or a
prediction of what information will be
matched with other information and
thus whether it is accurate, relevant,
timely and complete. With the passage
of time, seemingly irrelevant or
untimely information may acquire new
significance as further investigation
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26600
Federal Register / Vol. 74, No. 105 / Wednesday, June 3, 2009 / Proposed Rules
brings new details to light and the
accuracy of such information can often
only be determined in a court of law.
The restrictions imposed by subsection
(e)(5) would restrict the ability of
trained investigators, intelligence
analysts, and government attorneys to
exercise their judgment in collating and
analyzing information and would
impede the development of criminal or
other intelligence necessary for effective
law enforcement.
(11) From subsection (e)(8) because
the individual notice requirements of
subsection (e)(8) could present a serious
impediment to law enforcement by
revealing investigative techniques,
procedures, evidence, or interest and
interfering with the ability to issue
warrants or subpoenas, and could give
persons sufficient warning to evade
investigative efforts.
(12) From subsections (f) and (g)
because these subsections are
inapplicable to the extent that the
system is exempt from other specific
subsections of the Privacy Act.
Dated: May 28, 2009.
Kirsten J. Moncada,
Acting Chief Privacy and Civil Liberties
Officer.
[FR Doc. E9–12859 Filed 6–2–09; 8:45 am]
BILLING CODE 4410–14–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2009–0314; FRL–8906–2]
Revisions to the California State
Implementation Plan, San Diego Air
Pollution Control District
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
revisions to the San Diego Air Pollution
Control District (SDAPCD) portion of
the California State Implementation
Plan (SIP). The revisions concern the
permitting of air pollution sources. We
are proposing to approve SDAPCD Rule
27.1—Federal Requirements for the San
Diego County Air Pollution Control
District’s Alternative Mobile Source
Emission Reduction Program Approved
on September 8, 2000, which is a local
rule that regulates air pollution sources
under the Clean Air Act as amended in
1990 (CAA or the Act).
DATES: Any comments on this proposal
must arrive by July 6, 2009.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
sroberts on PROD1PC70 with PROPOSALS
SUMMARY:
VerDate Nov<24>2008
16:01 Jun 02, 2009
Jkt 217001
OAR–2009–0314, by one of the
following methods:
• Federal eRulemaking Portal:
www.regulations.gov. Follow the on-line
instructions.
• E-mail: R9airpermits@epa.gov.
• Mail or deliver: Gerardo Rios (Air3), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
www.regulations.gov or e-mail.
www.regulations.gov is an ‘‘anonymous
access’’ system, and EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send e-mail
directly to EPA, your e-mail address
will be automatically captured and
included as part of the public comment.
If EPA cannot read your comment due
to technical difficulties and cannot
contact you for clarification, EPA may
not be able to consider your comment.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section
below.
FOR FURTHER INFORMATION CONTACT:
Shaheerah Kelly, Permits Office (AIR–
3), U.S. Environmental Protection
Agency, Region IX, (415) 947–4156,
kelly.shaheerah@epa.gov.
SUPPLEMENTARY INFORMATION: This
proposal addresses the following local
rule: Rule 27.1—Federal Requirements
for the San Diego County Air Pollution
Control District’s Alternative Mobile
Source Emission Reduction Program
Approved on September 8, 2000. In the
Rules and Regulations section of this
Federal Register, we are approving this
local rule in a direct final action without
prior proposal because we believe the
SIP revision is not controversial. If we
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Fmt 4702
Sfmt 4702
receive adverse comments, however, we
will publish a timely withdrawal of the
direct final rule and address the
comments in subsequent action based
on this proposed rule. Please note that
if we receive adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
we may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
We do not plan to open a second
comment period, so anyone interested
in commenting should do so at this
time. If we do not receive adverse
comments, no further activity is
planned. For further information, please
see the direct final action.
Dated: May 7, 2009.
Jane Diamond,
Acting Regional Administrator, Region IX.
[FR Doc. E9–12790 Filed 6–2–09; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Part 412
[CMS–1406–P2]
RIN 0938–AP39
Medicare Program; Proposed Rate
Year (RY) 2010 Medicare SeverityLong-Term Care Diagnosis-Related
Group (MS–LTC–DRG) Relative
Weights and High-Cost Outlier FixedLoss Amount
AGENCY: Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Proposed rule; supplemental.
SUMMARY: This supplemental proposed
rule presents both proposed rate year
(RY) 2010 Medicare severity-long-term
care diagnosis-related group (MS–LTC–
DRG) relative weights and a proposed
RY 2010 high cost outlier (HCO) fixedloss amount based on the revised fiscal
year (FY) 2009 MS–LTC–DRG relative
weights presented in an interim final
rule with comment period published
elsewhere in this Federal Register.
DATES: To be assured consideration,
comments must be received at one of
the addresses provided below, no later
than 5 p.m. on June 30, 2009.
ADDRESSES: In commenting, please refer
to file code CMS–1406–P2. Because of
staff and resource limitations, we cannot
accept comments by facsimile (FAX)
transmission.
E:\FR\FM\03JNP1.SGM
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Agencies
[Federal Register Volume 74, Number 105 (Wednesday, June 3, 2009)]
[Proposed Rules]
[Pages 26598-26600]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-12859]
=======================================================================
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DEPARTMENT OF JUSTICE
28 CFR Part 16
[CPCLO Order No. 002-2009]
Privacy Act of 1974; Implementation
AGENCY: Criminal Division, Department of Justice.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Criminal Division (CRM), Department of Justice, proposes
to amend its Privacy Act regulations for a newly modified Privacy Act
system of records entitled ``Organized Crime Drug Enforcement Task
Force Fusion Center and International Organized Crime Intelligence and
Operations Center System,'' JUSTICE/CRM-028, as described in today's
notice section of the Federal Register. The ``Organized Crime Drug
Enforcement Task Force Fusion Center and International Organized Crime
Intelligence and Operations Center System,'' JUSTICE/CRM-028, will be
exempt from the subsections of the Privacy Act listed below for the
reasons set forth in the following text. Information in this system of
records relates to matters of law enforcement, and the exemptions are
necessary to avoid interference with law enforcement responsibilities
and to protect the privacy of third parties.
DATES: Submit any comments by July 6, 2009.
ADDRESSES: Address all comments to Robin Moss, Privacy Analyst, Office
of Privacy and Civil Liberties, Department of Justice, 1331
Pennsylvania Avenue, Room 940, Washington, DC 20530. To ensure proper
handling, please reference the CPCLO Order No. on your correspondence.
You may view an electronic version of this proposed rule at
www.regulations.gov. You may also comment via the Internet to the DOJ
Office of Privacy and Civil Liberties at the following e-mail address:
DOJPrivacyACTProposedRegulations@usdoj.gov; or by using the
www.regulations.gov comment form for this regulation. When submitting
comments electronically, you must include the CPCLO Order No. in the
subject box.
FOR FURTHER INFORMATION CONTACT: Robin Moss, 202-514-0208.
SUPPLEMENTARY INFORMATION: This proposed rule seeks to amend 28 CFR
16.91 paragraphs (u) and (v) as set forth below. These modified
paragraphs exempt the ``Organized Crime Drug Enforcement Task Force
Fusion Center and International Organized Crime Intelligence and
Operations Center System,'' JUSTICE/CRM-028, from certain provisions of
the Privacy Act of 1974, as amended.
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, this 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, Sunshine Act and Privacy.
Pursuant to the authority vested in the Attorney General by 5
U.S.C. 552a and delegated to me by Attorney General Order No. 2940-
2008, it is proposed to amend 28 CFR part 16 as follows:
[[Page 26599]]
PART 16--PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION
1. The authority citation for part 16 continues to read as follows:
Authority: 5 U.S.C. 301, 552, 552a, 552b(g), and 553; 18 U.S.C.
4203(a)(1); 28 U.S.C. 509, 510, 534; 31 U.S.C. 3717 and 9701.
2. Section 16.91 is amended by revising paragraphs (u) and (v) to
read as follows:
Sec. 16.91 Exemption of Criminal Division Systems--limited access,
as indicated.
(u) The following system of records is exempted pursuant to the
provisions of 5 U.S.C. 552a(j) and/or (k) from subsections (c)(3) and
(4); (d)(1), (2), (3) and (4); (e)(1), (2), (3), (4)(G), (H) and (I),
(5) and (8); (f) and (g) of 5 U.S.C. 552a: Organized Crime Drug
Enforcement Task Force Fusion Center and International Organized Crime
Intelligence and Operations Center System (JUSTICE/CRM-028). These
exemptions apply only to the extent that information in this system is
subject to exemption pursuant to 5 U.S.C. 552a(j) and/or (k).
(v) Exemptions from the particular subsections are justified for
the following reasons:
(1) From subsection (c)(3) because to provide the subject with an
accounting of disclosures of records in this system could inform that
individual of the existence, nature, or scope of an actual or potential
law enforcement or counterintelligence investigation by the Organized
Crime Drug Enforcement Task Force Fusion Center, the International
Organized Crime Intelligence and Operations Center, or the recipient
agency, and could permit that individual to take measures to avoid
detection or apprehension, to learn the identity of witnesses and
informants, or to destroy evidence, and would therefore present a
serious impediment to law enforcement or counterintelligence efforts.
In addition, disclosure of the accounting would amount to notice to the
individual of the existence of a record. Moreover, release of an
accounting may reveal information that is properly classified pursuant
to Executive Order and could compromise the national defense or foreign
policy.
(2) From subsection (c)(4) because this subsection is inapplicable
to the extent that an exemption is being claimed for subsections
(d)(1), (2), (3), and (4).
(3) From subsection (d)(1) because disclosure of records in the
system could alert the subject of an actual or potential criminal,
civil, or regulatory violation of the existence of that investigation,
of the nature and scope of the information and evidence obtained as to
his activities, of the identity of confidential witnesses and
informants, of the investigative interest of Organized Crime Drug
Enforcement Task Force Fusion Center, International Organized Crime
Intelligence and Operations Center, and other intelligence or law
enforcement agencies (including those responsible for civil proceedings
related to laws against drug trafficking or related financial crimes or
international organized crime); lead to the destruction of evidence,
improper influencing of witnesses, fabrication of testimony, and/or
flight of the subject; reveal the details of a sensitive investigative
or intelligence technique, or the identity of a confidential source; or
otherwise impede, compromise, or interfere with investigative efforts
and other related law enforcement and/or intelligence activities. In
addition, disclosure could invade the privacy of third parties and/or
endanger the life, health, and physical safety of law enforcement
personnel, confidential informants, witnesses, and potential crime
victims. Access to records could also result in the release of
information properly classified pursuant to Executive Order, thereby
compromising the national defense or foreign policy.
(4) From subsection (d)(2) because amendment of the records thought
to be incorrect, irrelevant, or untimely would also interfere with
ongoing investigations, criminal or civil law enforcement proceedings,
and other law enforcement activities and impose an impossible
administrative burden by requiring investigations, analyses, and
reports to be continuously reinvestigated and revised, as well as may
impact information properly classified pursuant to Executive Order.
(5) From subsections (d)(3) and (4) because these subsections are
inapplicable to the extent exemption is claimed from (d)(1) and (2).
(6) From subsection (e)(1) because, in the course of its
acquisition, collation, and analysis of information under the statutory
authority granted to them, both the Organized Crime Drug Enforcement
Task Force Fusion Center and International Organized Crime Intelligence
and Operations Center will occasionally obtain information, including
information properly classified pursuant to Executive Order, that
concern actual or potential violations of law that are not strictly
within its statutory or other authority or may compile information in
the course of an investigation which may not be relevant to a specific
prosecution. It is impossible to determine in advance what information
collected during an investigation will be important or crucial to the
apprehension of fugitives. In the interests of effective law
enforcement, it is necessary to retain such information in this system
of records because it can aid in establishing patterns of criminal
activity and can provide valuable leads for federal and other law
enforcement agencies. This consideration applies equally to information
acquired from, or collated or analyzed for, both law enforcement
agencies and agencies of the U.S. foreign intelligence community and
military community.
(7) From subsection (e)(2) because in a criminal, civil, or
regulatory investigation, prosecution, or proceeding, the requirement
that information be collected to the greatest extent practicable from
the subject individual would present a serious impediment to law
enforcement because the subject of the investigation, prosecution, or
proceeding would be placed on notice as to the existence and nature of
the investigation, prosecution, and proceeding and would therefore be
able to avoid detection or apprehension, to influence witnesses
improperly, to destroy evidence, or to fabricate testimony. Moreover,
thorough and effective investigation and prosecution may require
seeking information from a number of different sources.
(8) From subsection (e)(3) (to the extent applicable) because the
requirement that individuals supplying information be provided a form
stating the requirements of subsection (e)(3) would constitute a
serious impediment to law enforcement in that it could compromise the
existence of a confidential investigation or reveal the identity of
witnesses or confidential informants and endanger their lives, health,
and physical safety. The individual could seriously interfere with
undercover investigative techniques and could take appropriate steps to
evade the investigation or flee a specific area.
(9) From subsections (e)(4)(G), (H) and (I) because this system is
exempt from the access provisions of subsection (d) pursuant to
subsections (j) and (k) of the Privacy Act.
(10) From subsection (e)(5) because the acquisition, collation, and
analysis of information for law enforcement purposes from various
agencies does not permit a determination in advance or a prediction of
what information will be matched with other information and thus
whether it is accurate, relevant, timely and complete. With the passage
of time, seemingly irrelevant or untimely information may acquire new
significance as further investigation
[[Page 26600]]
brings new details to light and the accuracy of such information can
often only be determined in a court of law. The restrictions imposed by
subsection (e)(5) would restrict the ability of trained investigators,
intelligence analysts, and government attorneys to exercise their
judgment in collating and analyzing information and would impede the
development of criminal or other intelligence necessary for effective
law enforcement.
(11) From subsection (e)(8) because the individual notice
requirements of subsection (e)(8) could present a serious impediment to
law enforcement by revealing investigative techniques, procedures,
evidence, or interest and interfering with the ability to issue
warrants or subpoenas, and could give persons sufficient warning to
evade investigative efforts.
(12) From subsections (f) and (g) because these subsections are
inapplicable to the extent that the system is exempt from other
specific subsections of the Privacy Act.
Dated: May 28, 2009.
Kirsten J. Moncada,
Acting Chief Privacy and Civil Liberties Officer.
[FR Doc. E9-12859 Filed 6-2-09; 8:45 am]
BILLING CODE 4410-14-P