Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/ALL-013 Claims Records System of Records, 42579-42580 [E9-20154]
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Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Rules and Regulations
mstockstill on DSKH9S0YB1PROD with RULES
enforcement efforts and/or efforts to preserve
national security. Disclosure of the
accounting would also permit the individual
who is the subject of a record to impede the
investigation, to tamper with witnesses or
evidence, and to avoid detection or
apprehension, which would undermine the
entire investigative process.
(b) From subsection (d) (Access to Records)
because access to the records contained in
this system of records could inform the
subject of an investigation of an actual or
potential criminal, civil, or regulatory
violation, to the existence of the
investigation, and reveal investigative
interest on the part of DHS or another agency.
Access to the records could permit the
individual who is the subject of a record to
impede the investigation, to tamper with
witnesses or evidence, and to avoid detection
or apprehension. Amendment of the records
could interfere with ongoing investigations
and law enforcement activities and would
impose an impossible administrative burden
by requiring investigations to be
continuously reinvestigated. In addition,
permitting access and amendment to such
information could disclose security-sensitive
information that could be detrimental to
homeland security.
(c) From subsection (e)(1) (Relevancy and
Necessity of Information) because in the
course of investigations into potential
violations of Federal law, the accuracy of
information obtained or introduced
occasionally may be unclear or the
information may not be strictly relevant or
necessary to a specific investigation. In the
interests of effective law enforcement, it is
appropriate to retain all information that may
aid in establishing patterns of unlawful
activity.
(d) From subsections (e)(4)(G), (e)(4)(H),
and (e)(4)(I) (Agency Requirements), and (f)
(Agency Rules) because portions of this
system are exempt from the individual access
provisions of subsection (d) for the reasons
noted above, and therefore DHS is not
required to establish requirements, rules, or
procedures with respect to such access.
Providing notice to individuals with respect
to existence of records pertaining to them in
the system of records or otherwise setting up
procedures pursuant to which individuals
may access and view records pertaining to
themselves in the system would undermine
investigative efforts and reveal the identities
of witnesses, and potential witnesses, and
confidential informants.
Dated: August 12, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E9–20155 Filed 8–21–09; 8:45 am]
BILLING CODE P
VerDate Nov<24>2008
6 CFR Part 5
List of Subjects in 6 CFR Part 5
Freedom of information; Privacy.
■ For the reasons stated in the preamble,
DHS amends Chapter I of Title 6, Code
of Federal Regulations, as follows:
[Docket No. DHS–2009–0063]
PART 5—DISCLOSURE OF RECORDS
AND INFORMATION
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
Privacy Act of 1974: Implementation of
Exemptions; Department of Homeland
Security/ALL—013 Claims Records
System of Records
Privacy Office, DHS.
Final rule.
AGENCY:
ACTION:
Jkt 217001
DATES: Effective Date: This final rule is
effective August 24, 2009.
FOR FURTHER INFORMATION CONTACT: For
general questions and privacy issues
please contact: Mary Ellen Callahan
(703–235–0780), Chief Privacy Officer,
Privacy Office, U.S. Department of
Homeland Security, Washington, DC
20528.
SUPPLEMENTARY INFORMATION:
Background
The Department of Homeland
Security (DHS) published a notice of
proposed rulemaking in the Federal
Register, 73 FR 63908, October 28, 2008,
proposing to exempt portions of the
system of records from one or more
provisions of the Privacy Act because of
criminal, civil, and administrative
enforcement requirements. The system
of records is the DHS/ALL—013 Claims
Records system. The DHS/ALL—013
Claims Records system of records notice
was published concurrently in the
Federal Register, 73 FR 63987, October
28, 2008, and comments were invited on
both the notice of proposed rulemaking
and system of records notice. No
comments were received.
Public Comments
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
1. The authority citation for Part 5
continues to read as follows:
■
Authority: Public Law 107–296, 116 Stat.
2135, 6 U.S.C. 101 et seq.; 5 U.S.C. 301.
Subpart A also issued under 5 U.S.C. 552.
Subpart B also issued under 5 U.S.C. 552a.
2. Add at the end of Appendix C to
Part 5, Exemption of Record Systems
under the Privacy Act, the following
new paragraph 15:
■
The Department of Homeland
Security is issuing a final rule to amend
its regulations to exempt portions of a
Department-wide system of records
entitled the ‘‘Department of Homeland
Security/ALL—013 Claims Records
System of Records’’ from certain
provisions of the Privacy Act.
Specifically, the Department exempts
portions of the Department of Homeland
Security/ALL—013 Claims Records
system from one or more provisions of
the Privacy Act because of criminal,
civil, and administrative enforcement
requirements.
SUMMARY:
DHS received no comments on the
notice of proposed rulemaking or
system of records notice. DHS will
implement the rulemaking as proposed.
13:38 Aug 21, 2009
42579
Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
*
*
*
*
*
15. The DHS/ALL—013 Claims Records
system of records consists of electronic and
paper records and will be used by DHS and
its components. The DHS/ALL—013 Claims
Records system is a repository of information
held by DHS in connection with its several
and varied missions and functions,
including, but not limited to: the
enforcement of civil and criminal laws;
investigations, inquiries, and proceedings
there under; and national security,
intelligence activities; and protection of the
President of the United States or other
individuals pursuant to Section 3056 and
3056A of Title 18. The DHS/ALL—013
Claims Records system contains information
that is collected by, on behalf of, in support
of, or in cooperation with DHS and its
components and may contain personally
identifiable information collected by other
Federal, State, local, Tribal, foreign, or
international government agencies. The
Secretary of Homeland Security has
exempted this system from the following
provisions of the Privacy Act, subject to
limitations set forth in 5 U.S.C. 552a(c)(3)
and (4); (d); (e)(1), (e)(2), (e)(3), (e)(4)(G),
(e)(4)(H), (e)(4)(I), (e)(5) and (e)(8); (f), and (g)
pursuant to 5 U.S.C. 552a(j)(2). Additionally,
the Secretary of Homeland Security has
exempted this system from the following
provisions of the Privacy Act, subject to
limitations set forth in 5 U.S.C. 552a(c)(3),
(d), (e)(1), (e)(4)(G), (e)(4)(H), (I), and (f)
pursuant to 5 U.S.C. 552a(k)(1), (k)(2), and
(k)(3). Exemptions from these particular
subsections are justified, on a case-by-case
basis to be determined at the time a request
is made, for the following reasons:
(a) From subsection (c)(3) and (4)
(Accounting for Disclosures) because release
of the accounting of disclosures could alert
the subject of an investigation of an actual or
potential criminal, civil, or regulatory
violation to the existence of the investigation,
and reveal investigative interest on the part
of DHS as well as the recipient agency.
Disclosure of the accounting would therefore
present a serious impediment to law
enforcement efforts and/or efforts to preserve
E:\FR\FM\24AUR1.SGM
24AUR1
mstockstill on DSKH9S0YB1PROD with RULES
42580
Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Rules and Regulations
national security. Disclosure of the
accounting would also permit the individual
who is the subject of a record to impede the
investigation, to tamper with witnesses or
evidence, and to avoid detection or
apprehension, which would undermine the
entire investigative process.
(b) From subsection (d) (Access to Records)
because access to the records contained in
this system of records could inform the
subject of an investigation of an actual or
potential criminal, civil, or regulatory
violation, to the existence of the
investigation, and reveal investigative
interest on the part of DHS or another agency.
Access to the records could permit the
individual who is the subject of a record to
impede the investigation, to tamper with
witnesses or evidence, and to avoid detection
or apprehension. Amendment of the records
could interfere with ongoing investigations
and law enforcement activities and would
impose an impossible administrative burden
by requiring investigations to be
continuously reinvestigated. In addition,
permitting access and amendment to such
information could disclose security-sensitive
information that could be detrimental to
homeland security.
(c) From subsection (e)(1) (Relevancy and
Necessity of Information) because in the
course of investigations into potential
violations of Federal law, the accuracy of
information obtained or introduced
occasionally may be unclear or the
information may not be strictly relevant or
necessary to a specific investigation. In the
interests of effective law enforcement, it is
appropriate to retain all information that may
aid in establishing patterns of unlawful
activity.
(d) From subsection (e)(2) (Collection of
Information from Individuals) because
requiring that information be collected from
the subject of an investigation would alert the
subject to the nature or existence of an
investigation, thereby interfering with the
related investigation and law enforcement
activities.
(e) From subsection (e)(3) (Notice to
Subjects) because providing such detailed
information would impede law enforcement
in that it could compromise investigations
by: revealing the existence of an otherwise
confidential investigation and thereby
provide an opportunity for the subject of an
investigation to conceal evidence, alter
patterns of behavior, or take other actions
that could thwart investigative efforts; reveal
the identity of witnesses in investigations,
thereby providing an opportunity for the
subjects of the investigations or others to
harass, intimidate, or otherwise interfere
with the collection of evidence or other
information from such witnesses; or reveal
the identity of confidential informants,
which would negatively affect the
informant’s usefulness in any ongoing or
future investigations and discourage
members of the public from cooperating as
confidential informants in any future
investigations.
(f) From subsections (e)(4)(G), (H), and (I)
(Agency Requirements), and (f) (Agency
Rules) because portions of this system are
exempt from the individual access provisions
VerDate Nov<24>2008
13:38 Aug 21, 2009
Jkt 217001
of subsection (d) for the reasons noted above,
and therefore DHS is not required to establish
requirements, rules, or procedures with
respect to such access. Providing notice to
individuals with respect to existence of
records pertaining to them in the system of
records or otherwise setting up procedures
pursuant to which individuals may access
and view records pertaining to themselves in
the system would undermine investigative
efforts and reveal the identities of witnesses,
and potential witnesses, and confidential
informants.
(g) From subsection (e)(5) (Collection of
Information) because in the collection of
information for law enforcement purposes it
is impossible to determine in advance what
information is accurate, relevant, timely, and
complete. Compliance with (e)(5) would
preclude DHS agents from using their
investigative training and exercise of good
judgment to both conduct and report on
investigations.
(h) From subsection (e)(8) (Notice on
Individuals) because compliance would
interfere with DHS’ ability to obtain, serve,
and issue subpoenas, warrants, and other law
enforcement mechanisms that may be filed
under seal, and could result in disclosure of
investigative techniques, procedures, and
evidence.
(i) From subsection (g) to the extent that
the system is exempt from other specific
subsections of the Privacy Act relating to
individuals’ rights to access and amend their
records contained in the system. Therefore
DHS is not required to establish rules or
procedures pursuant to which individuals
may seek a civil remedy for the agency’s:
refusal to amend a record; refusal to comply
with a request for access to records; failure
to maintain accurate, relevant timely and
complete records; or failure to otherwise
comply with an individual’s right to access
or amend records.
Dated: August 12, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E9–20154 Filed 8–21–09; 8:45 am]
BILLING CODE 9110–9B–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
15 CFR Part 902
50 CFR Part 648
[Docket No. 071220873–91153–02]
RIN 0648–AS25
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Tilefish;
Amendment 1
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
SUMMARY: NMFS is implementing
approved measures contained in
Amendment 1 to the Tilefish Fishery
Management Plan (FMP), developed by
the Mid-Atlantic Fishery Management
Council (Council). The approved
measures address issues and problems
that have been identified since the FMP
was first implemented. These measures
are intended to achieve the management
objectives of the FMP, and implement
an Individual Fishing Quota (IFQ)
program.
DATES: Effective November 1, 2009,
except for the amendments to 15 CFR
902.1(b), and 50 CFR 648.290 and
648.291, which are effective August 24,
2009.
ADDRESSES: A Final Environmental
Impact Statement (FEIS) was prepared
for Amendment 1 that describes the
action and other alternatives considered
and provides a thorough analysis of the
impacts of the approved measures and
alternatives. Copies of supporting
documents, including the Regulatory
Impact Review (RIR) and Initial
Regulatory Flexibility Analysis (IRFA)
are available from Daniel Furlong,
Executive Director, Mid-Atlantic
Fishery Management Council, Room
2115, Federal Building, 300 South New
Street, Dover, DE 19904–6790. A copy of
the RIR/IRFA is accessible via the
Internet at https://www.nero.noaa.gov/.
Written comments regarding the
burden-hour estimate or other aspects of
the collection-of-information
requirement contained in this proposed
rule should be submitted to the Regional
Administrator at 55 Great Republic
Drive, Gloucester, MA 01930, and by email to David_Rostker@omb.eop.gov, or
fax to 202–395–7285.
FOR FURTHER INFORMATION CONTACT:
Timothy A. Cardiasmenos, Fishery
Policy Analyst, 978–281–9204.
SUPPLEMENTARY INFORMATION:
Background
In March 2004, the Mid-Atlantic
Fishery Management Council (Council)
began development of Amendment 1 to
the FMP to evaluate alternatives for a
limited access privilege program (LAPP)
and other measures for limited access
tilefish vessels. The Council held 17
public meetings on Amendment 1
between March 2004 and April 2008.
After considering a wide range of issues,
alternatives, and public input, the
Council submitted a Draft
Environmental Impact Statement (DEIS)
for Amendment 1 to NMFS. The Notice
E:\FR\FM\24AUR1.SGM
24AUR1
]]>Agencies
[Federal Register Volume 74, Number 162 (Monday, August 24, 2009)]
[Rules and Regulations]
[Pages 42579-42580]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20154]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2009-0063]
Privacy Act of 1974: Implementation of Exemptions; Department of
Homeland Security/ALL--013 Claims Records System of Records
AGENCY: Privacy Office, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Homeland Security is issuing a final rule to
amend its regulations to exempt portions of a Department-wide system of
records entitled the ``Department of Homeland Security/ALL--013 Claims
Records System of Records'' from certain provisions of the Privacy Act.
Specifically, the Department exempts portions of the Department of
Homeland Security/ALL--013 Claims Records system from one or more
provisions of the Privacy Act because of criminal, civil, and
administrative enforcement requirements.
DATES: Effective Date: This final rule is effective August 24, 2009.
FOR FURTHER INFORMATION CONTACT: For general questions and privacy
issues please contact: Mary Ellen Callahan (703-235-0780), Chief
Privacy Officer, Privacy Office, U.S. Department of Homeland Security,
Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
Background
The Department of Homeland Security (DHS) published a notice of
proposed rulemaking in the Federal Register, 73 FR 63908, October 28,
2008, proposing to exempt portions of the system of records from one or
more provisions of the Privacy Act because of criminal, civil, and
administrative enforcement requirements. The system of records is the
DHS/ALL--013 Claims Records system. The DHS/ALL--013 Claims Records
system of records notice was published concurrently in the Federal
Register, 73 FR 63987, October 28, 2008, and comments were invited on
both the notice of proposed rulemaking and system of records notice. No
comments were received.
Public Comments
DHS received no comments on the notice of proposed rulemaking or
system of records notice. DHS will implement the rulemaking as
proposed.
List of Subjects in 6 CFR Part 5
Freedom of information; Privacy.
0
For the reasons stated in the preamble, DHS amends Chapter I of Title
6, Code of Federal Regulations, as follows:
PART 5--DISCLOSURE OF RECORDS AND INFORMATION
0
1. The authority citation for Part 5 continues to read as follows:
Authority: Public Law 107-296, 116 Stat. 2135, 6 U.S.C. 101 et
seq.; 5 U.S.C. 301. Subpart A also issued under 5 U.S.C. 552.
Subpart B also issued under 5 U.S.C. 552a.
0
2. Add at the end of Appendix C to Part 5, Exemption of Record Systems
under the Privacy Act, the following new paragraph 15:
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
15. The DHS/ALL--013 Claims Records system of records consists
of electronic and paper records and will be used by DHS and its
components. The DHS/ALL--013 Claims Records system is a repository
of information held by DHS in connection with its several and varied
missions and functions, including, but not limited to: the
enforcement of civil and criminal laws; investigations, inquiries,
and proceedings there under; and national security, intelligence
activities; and protection of the President of the United States or
other individuals pursuant to Section 3056 and 3056A of Title 18.
The DHS/ALL--013 Claims Records system contains information that is
collected by, on behalf of, in support of, or in cooperation with
DHS and its components and may contain personally identifiable
information collected by other Federal, State, local, Tribal,
foreign, or international government agencies. The Secretary of
Homeland Security has exempted this system from the following
provisions of the Privacy Act, subject to limitations set forth in 5
U.S.C. 552a(c)(3) and (4); (d); (e)(1), (e)(2), (e)(3), (e)(4)(G),
(e)(4)(H), (e)(4)(I), (e)(5) and (e)(8); (f), and (g) pursuant to 5
U.S.C. 552a(j)(2). Additionally, the Secretary of Homeland Security
has exempted this system from the following provisions of the
Privacy Act, subject to limitations set forth in 5 U.S.C.
552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (I), and (f) pursuant
to 5 U.S.C. 552a(k)(1), (k)(2), and (k)(3). Exemptions from these
particular subsections are justified, on a case-by-case basis to be
determined at the time a request is made, for the following reasons:
(a) From subsection (c)(3) and (4) (Accounting for Disclosures)
because release of the accounting of disclosures could alert the
subject of an investigation of an actual or potential criminal,
civil, or regulatory violation to the existence of the
investigation, and reveal investigative interest on the part of DHS
as well as the recipient agency. Disclosure of the accounting would
therefore present a serious impediment to law enforcement efforts
and/or efforts to preserve
[[Page 42580]]
national security. Disclosure of the accounting would also permit
the individual who is the subject of a record to impede the
investigation, to tamper with witnesses or evidence, and to avoid
detection or apprehension, which would undermine the entire
investigative process.
(b) From subsection (d) (Access to Records) because access to
the records contained in this system of records could inform the
subject of an investigation of an actual or potential criminal,
civil, or regulatory violation, to the existence of the
investigation, and reveal investigative interest on the part of DHS
or another agency. Access to the records could permit the individual
who is the subject of a record to impede the investigation, to
tamper with witnesses or evidence, and to avoid detection or
apprehension. Amendment of the records could interfere with ongoing
investigations and law enforcement activities and would impose an
impossible administrative burden by requiring investigations to be
continuously reinvestigated. In addition, permitting access and
amendment to such information could disclose security-sensitive
information that could be detrimental to homeland security.
(c) From subsection (e)(1) (Relevancy and Necessity of
Information) because in the course of investigations into potential
violations of Federal law, the accuracy of information obtained or
introduced occasionally may be unclear or the information may not be
strictly relevant or necessary to a specific investigation. In the
interests of effective law enforcement, it is appropriate to retain
all information that may aid in establishing patterns of unlawful
activity.
(d) From subsection (e)(2) (Collection of Information from
Individuals) because requiring that information be collected from
the subject of an investigation would alert the subject to the
nature or existence of an investigation, thereby interfering with
the related investigation and law enforcement activities.
(e) From subsection (e)(3) (Notice to Subjects) because
providing such detailed information would impede law enforcement in
that it could compromise investigations by: revealing the existence
of an otherwise confidential investigation and thereby provide an
opportunity for the subject of an investigation to conceal evidence,
alter patterns of behavior, or take other actions that could thwart
investigative efforts; reveal the identity of witnesses in
investigations, thereby providing an opportunity for the subjects of
the investigations or others to harass, intimidate, or otherwise
interfere with the collection of evidence or other information from
such witnesses; or reveal the identity of confidential informants,
which would negatively affect the informant's usefulness in any
ongoing or future investigations and discourage members of the
public from cooperating as confidential informants in any future
investigations.
(f) From subsections (e)(4)(G), (H), and (I) (Agency
Requirements), and (f) (Agency Rules) because portions of this
system are exempt from the individual access provisions of
subsection (d) for the reasons noted above, and therefore DHS is not
required to establish requirements, rules, or procedures with
respect to such access. Providing notice to individuals with respect
to existence of records pertaining to them in the system of records
or otherwise setting up procedures pursuant to which individuals may
access and view records pertaining to themselves in the system would
undermine investigative efforts and reveal the identities of
witnesses, and potential witnesses, and confidential informants.
(g) From subsection (e)(5) (Collection of Information) because
in the collection of information for law enforcement purposes it is
impossible to determine in advance what information is accurate,
relevant, timely, and complete. Compliance with (e)(5) would
preclude DHS agents from using their investigative training and
exercise of good judgment to both conduct and report on
investigations.
(h) From subsection (e)(8) (Notice on Individuals) because
compliance would interfere with DHS' ability to obtain, serve, and
issue subpoenas, warrants, and other law enforcement mechanisms that
may be filed under seal, and could result in disclosure of
investigative techniques, procedures, and evidence.
(i) From subsection (g) to the extent that the system is exempt
from other specific subsections of the Privacy Act relating to
individuals' rights to access and amend their records contained in
the system. Therefore DHS is not required to establish rules or
procedures pursuant to which individuals may seek a civil remedy for
the agency's: refusal to amend a record; refusal to comply with a
request for access to records; failure to maintain accurate,
relevant timely and complete records; or failure to otherwise comply
with an individual's right to access or amend records.
Dated: August 12, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E9-20154 Filed 8-21-09; 8:45 am]
BILLING CODE 9110-9B-P
