Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security U.S. Customs and Border Protection-014 Regulatory Audit Archive System of Records, 45076-45077 [E9-20751]
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Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations
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.
[Docket No. DHS–2009–0060]
Background
The Department of Homeland
Security (DHS) published a notice of
proposed rulemaking in the Federal
Register, 73 FR 77536, December 19,
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/U.S. Customs and
Border Protection (CBP)—014
Regulatory Audit Archive system. The
DHS/CBP—014 Regulatory Audit
Archive system of records notice was
published concurrently in the Federal
Register, 73 FR 77807, December 19,
2008, and comments were invited on
both the notice of proposed rulemaking
and system of records notice. No
comments were received.
Privacy Act of 1974: Implementation of
Exemptions; Department of Homeland
Security U.S. Customs and Border
Protection—014 Regulatory Audit
Archive System of Records
Public Comments
DHS received no comments on the
notice of proposed rulemaking or the
system of records notice. DHS will
implement the rulemaking as proposed.
Dated: August 20, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E9–20753 Filed 8–28–09; 8:45 am]
BILLING CODE 9110–06–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
6 CFR Part 5
AGENCY:
ACTION:
Privacy Office, DHS.
Final rule.
SUMMARY: The Department of Homeland
Security is issuing a final rule to amend
its regulations to exempt portions of a
Department of Homeland Security U.S.
Customs and Border Protection system
of records entitled the ‘‘Department of
Homeland Security U.S. Customs and
Border Protection—014 Regulatory
Audit Archive System of Records’’ from
certain provisions of the Privacy Act.
Specifically, the Department exempts
portions of the Department of Homeland
Security U.S. Customs and Border
Protection—014 Regulatory Audit
Archive system from one or more
provisions of the Privacy Act because of
criminal, civil, and administrative
enforcement requirements.
Effective Date: This final rule is
effective August 31, 2009.
PWALKER on DSK8KYBLC1PROD with RULES5
DATES:
FOR FURTHER INFORMATION CONTACT: For
general questions please contact:
Laurence E. Castelli (202–325–0280),
Chief, Privacy Act Policy and
Procedures Branch, U.S. Customs and
Border Protection, Office of
International Trade, Regulations &
Rulings, Mint Annex, 799 Ninth Street,
NW., Washington, DC 20001–4501. For
privacy issues contact: Mary Ellen
Callahan (703–235–0780), Chief Privacy
Officer, Privacy Office, U.S. Department
of Homeland Security, Washington, DC
20528.
SUPPLEMENTARY INFORMATION:
VerDate Nov<24>2008
18:53 Aug 28, 2009
Jkt 217001
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:
PART 5—DISCLOSURE OF RECORDS
AND INFORMATION
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 ‘‘25’’:
■
Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
*
*
*
*
*
25. The DHS/CBP—014 Regulatory Audit
Archive system of records consists of
electronic and paper records and will be used
by DHS and its components. The DHS/CBP—
014 Regulatory Audit Archive 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 thereunder; and national
security and intelligence activities. The DHS/
CBP—014 Regulatory Audit Archive 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
PO 00000
Frm 00008
Fmt 4701
Sfmt 4700
Security has exempted this system from the
following provisions of the Privacy Act,
subject to the limitations set forth in 5 U.S.C.
552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H),
(e)(4)(I), and (f) pursuant to 5 U.S.C.
552a(k)(2). 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) (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
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), (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,
E:\FR\FM\31AUR5.SGM
31AUR5
Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations
and potential witnesses, and confidential
informants.
Dated: August 20, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E9–20751 Filed 8–28–09; 8:45 am]
BILLING CODE 9110–06–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS–2009–0051]
Privacy Act of 1974: Implementation of
Exemptions; Department of Homeland
Security U.S. Customs and Border
Protection—015 Automated
Commercial System of Records
Privacy Office, DHS.
Final rule.
AGENCY:
ACTION:
PWALKER on DSK8KYBLC1PROD with RULES5
SUMMARY: The Department of Homeland
Security is issuing a final rule to amend
its regulations to exempt portions of a
Department of Homeland Security U.S.
Customs and Border Protection system
of records entitled the ‘‘Department of
Homeland Security U.S. Customs and
Border Protection—015 Automated
Commercial System of Records’’ from
certain provisions of the Privacy Act.
Specifically, the Department exempts
portions of the Department of Homeland
Security U.S. Customs and Border
Protection—015 Automated Commercial
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 31, 2009.
FOR FURTHER INFORMATION CONTACT: For
general questions please contact:
Laurence E. Castelli (202–325–0280),
Chief, Privacy Act Policy and
Procedures Branch, U.S. Customs and
Border Protection, Office of
International Trade, Regulations &
Rulings, Mint Annex, 799 Ninth Street,
NW., Washington, DC 20001–4501. For
privacy issues 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 77548, December 19,
VerDate Nov<24>2008
18:53 Aug 28, 2009
Jkt 217001
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/U.S. Customs and
Border Protection (CBP)—015
Automated Commercial System. The
DHS/CBP Automated Commercial
system of records notice was published
concurrently in the Federal Register, 73
FR 77759, December 19, 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 the
system of records notice. DHS will
implement the rulemaking as proposed.
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:
PART 5—DISCLOSURE OF RECORDS
AND INFORMATION
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.
2. At the end of Appendix C to Part
5, add the following new paragraph
‘‘26’’:
■
Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
*
*
*
*
*
26. The DHS/CBP—015 Automated
Commercial System (ACS) system of records
consists of electronic and paper records and
will be used by DHS and its Components.
The DHS/CBP—015 Automated Commercial
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 thereunder; and national
security and intelligence activities. The DHS/
CBP—015 Automated Commercial 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 the limitations set forth in 5 U.S.C.
552a(c)(3), (e)(8), and (g) pursuant to 5 U.S.C.
552a(j)(2) and (k)(2). Further, no exemption
shall be asserted with respect to information
maintained in the system as it relates to data
submitted by or on behalf of a person who
PO 00000
Frm 00009
Fmt 4701
Sfmt 4700
45077
travels to visit the United States and crosses
the border, nor shall an exemption be
asserted with respect to the resulting
determination (approval or denial). After
conferring with the appropriate component
or agency, DHS may waive applicable
exemptions in appropriate circumstances and
where it would not appear to interfere with
or adversely affect the law enforcement
purposes of the systems from which the
information is recompiled or in which it is
contained. Exemptions from the above
particular subsections are justified, on a caseby-case basis to be determined at the time a
request is made, when information in this
system of records may impede a law
enforcement or national security
investigation:
(a) From subsection (c)(3) (Accounting for
Disclosure) because making available to a
record subject the accounting of disclosures
from records concerning him or her would
specifically reveal any investigative interest
in the individual. Revealing this information
could reasonably be expected to compromise
ongoing efforts to investigate a violation of
U.S. law, including investigations of a known
or suspected terrorist, by notifying the record
subject that he or she is under investigation.
This information could also permit the
record subject to take measures to impede the
investigation, e.g., destroy evidence,
intimidate potential witnesses, or flee the
area to avoid or impede the investigation.
(b) From subsection (e)(8) (Notice on
Individuals) because to require individual
notice of disclosure of information due to
compulsory legal process would pose an
impossible administrative burden on DHS
and other agencies and could alert the
subjects of counterterrorism or law
enforcement investigations to the fact of
those investigations when not previously
known.
(c) From subsection (g) (Civil Remedies) to
the extent that the system is exempt from
other specific subsections of the Privacy Act.
Dated: August 20, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E9–20780 Filed 8–28–09; 8:45 am]
BILLING CODE 9110–06–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS–2009–0058]
Privacy Act of 1974: Implementation of
Exemptions; Department of Homeland
Security U.S. Customs and Border
Protection—016 Nonimmigrant
Information System of Records
Privacy Office, DHS.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Department of Homeland
Security is issuing a final rule to amend
E:\FR\FM\31AUR5.SGM
31AUR5
Agencies
[Federal Register Volume 74, Number 167 (Monday, August 31, 2009)]
[Rules and Regulations]
[Pages 45076-45077]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20751]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2009-0060]
Privacy Act of 1974: Implementation of Exemptions; Department of
Homeland Security U.S. Customs and Border Protection--014 Regulatory
Audit Archive 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 of Homeland
Security U.S. Customs and Border Protection system of records entitled
the ``Department of Homeland Security U.S. Customs and Border
Protection--014 Regulatory Audit Archive System of Records'' from
certain provisions of the Privacy Act. Specifically, the Department
exempts portions of the Department of Homeland Security U.S. Customs
and Border Protection--014 Regulatory Audit Archive 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 31, 2009.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Laurence E. Castelli (202-325-0280), Chief, Privacy Act Policy and
Procedures Branch, U.S. Customs and Border Protection, Office of
International Trade, Regulations & Rulings, Mint Annex, 799 Ninth
Street, NW., Washington, DC 20001-4501. For privacy issues 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 77536, December 19,
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/U.S. Customs and Border Protection (CBP)--014 Regulatory Audit
Archive system. The DHS/CBP--014 Regulatory Audit Archive system of
records notice was published concurrently in the Federal Register, 73
FR 77807, December 19, 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
the 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 ``25'':
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
25. The DHS/CBP--014 Regulatory Audit Archive system of records
consists of electronic and paper records and will be used by DHS and
its components. The DHS/CBP--014 Regulatory Audit Archive 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 thereunder; and national
security and intelligence activities. The DHS/CBP--014 Regulatory
Audit Archive 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 the limitations set forth in 5 U.S.C.
552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f)
pursuant to 5 U.S.C. 552a(k)(2). 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) (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 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), (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,
[[Page 45077]]
and potential witnesses, and confidential informants.
Dated: August 20, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E9-20751 Filed 8-28-09; 8:45 am]
BILLING CODE 9110-06-P