Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security U.S. Coast Guard-028 Family Advocacy Program System of Records, 45085-45086 [E9-20759]
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Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations
PWALKER on DSK8KYBLC1PROD with RULES5
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) and (e)(4)(H)
(Agency Requirements) because portions of
this system are exempt from the individual
access provisions of subsection (d) which
exempts providing access because it could
alert a subject to the nature or existence of
an investigation, and thus there could be no
procedures for that particular data.
Procedures do exist for access for those
portions of the system that are not exempted.
(e) From subsection (e)(4)(I) (Agency
Requirements) because providing such
source information would impede law
enforcement or intelligence by compromising
the nature or existence of a confidential
investigation.
(f) From subsection (f) (Agency Rules)
because portions of this system are exempt
from the access and amendment provisions
of subsection (d).
Dated: August 20, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E9–20760 Filed 8–28–09; 8:45 am]
BILLING CODE 9111–97–P
VerDate Nov<24>2008
18:53 Aug 28, 2009
Jkt 217001
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS–2009–0075]
Privacy Act of 1974: Implementation of
Exemptions; Department of Homeland
Security U.S. Coast Guard—028 Family
Advocacy Program System of Records
Privacy Office, DHS.
ACTION: Final rule.
AGENCY:
FOR FURTHER INFORMATION CONTACT: For
general questions please contact: David
Roberts (202–475–3521), Privacy
Officer, United States Coast Guard. 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 77553, 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. Coast Guard
(USCG)—028 Family Advocacy Program
system. The DHS/USCG—028 Family
Advocacy Program system of records
notice was published concurrently in
the Federal Register, 73 FR 77782,
December 19, 2008. Comments were
invited on both the notice of proposed
rulemaking and the system of records
notice. No comments were received.
Fmt 4701
Sfmt 4700
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:
DATES: Effective Date: This final rule is
effective August 31, 2009.
Frm 00017
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.
■
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.
Coast Guard system of records entitled
the ‘‘Department of Homeland Security
U.S. Coast Guard—028 Family
Advocacy Program System of Records’’
from certain provisions of the Privacy
Act. Specifically, the Department
exempts portions of the Department of
Homeland Security U.S. Coast Guard—
028 Family Advocacy Program system
from one or more provisions of the
Privacy Act because of criminal, civil,
and administrative enforcement
requirements.
PO 00000
45085
Authority: 6 U.S.C. 101 et seq.; Pub. L.
107–296, 116 Stat. 2135; 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, the following new paragraph
‘‘33’’:
■
Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
*
*
*
*
*
33. The DHS/USCG—028 Family Advocacy
Case Records system of records consists of
electronic and paper records and will be used
by DHS and its components. The DHS/
USCG—028 Family Advocacy Case Records
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. The DHS/USCG—
028 Family Advocacy Case Records 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.
E:\FR\FM\31AUR5.SGM
31AUR5
45086
Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations
(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,
and potential witnesses, and confidential
informants.
ACTION:
Final rule.
PART 5—DISCLOSURE OF RECORDS
AND INFORMATION
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.
Coast Guard system of records entitled
the ‘‘Department of Homeland Security
U.S. Coast Guard—029 Notice of Arrival
and Departure System of Records’’ from
certain provisions of the Privacy Act.
Specifically, the Department exempts
portions of the Department of Homeland
Security U.S. Coast Guard—029 Notice
of Arrival and Departure 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 September 30, 2009.
FOR FURTHER INFORMATION CONTACT: For
general questions please contact: David
Roberts (202–475–3521), Privacy
Officer, United States Coast Guard. 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
DEPARTMENT OF HOMELAND
SECURITY
The Department of Homeland
Security (DHS) published a notice of
proposed rulemaking in the Federal
Register, 73 FR 75373, December 11,
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. Coast Guard
(USCG)—029 Notice of Arrival and
Departure system. The DHS/USCG—029
Notice of Arrival and Departure system
of records notice was published
concurrently in the Federal Register, 73
FR 75442, December 11, 2008, and
comments were invited on both the
notice of proposed rulemaking and
system of records notice. No comments
were received.
Office of the Secretary
Public Comments
Dated: August 20, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E9–20759 Filed 8–28–09; 8:45 am]
BILLING CODE 4910–15–P
DHS received no comments on the
notice of proposed rulemaking or
system of records notice. DHS will
implement the rulemaking as proposed.
PWALKER on DSK8KYBLC1PROD with RULES5
6 CFR Part 5
[Docket No. DHS–2009–0076]
Privacy Act of 1974: Implementation of
Exemptions; Department of Homeland
Security; U.S. Coast Guard—029
Notice of Arrival and Departure System
AGENCY:
Privacy Office, DHS.
VerDate Nov<24>2008
18:53 Aug 28, 2009
Jkt 217001
List of Subjects in 6 CFR Part 5
Privacy, Freedom of information.
For the reasons stated in the preamble,
DHS amends 6 CFR chapter I as follows:
■
PO 00000
Frm 00018
Fmt 4701
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. At the end of Appendix C to Part
5, add the following new paragraph
‘‘34’’:
■
Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act.
*
*
*
*
*
34. The DHS/USCG—029 Notice of Arrival
and Departure system consists of electronic
and paper records and will be used by DHS
and its components. The DHS/USCG—029
Notice of Arrival and Departure 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. The DHS/USCG—
029 Notice of Arrival and Departure 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, as well as private corporate or other
entities. 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)
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 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). However,
these exemptions apply only to the extent
that information in this system of records is
recompiled or is created from information
contained in other systems of records. 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 is recompiled or is created
from information contained in other systems
of records subject to exemptions 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
E:\FR\FM\31AUR5.SGM
31AUR5
Agencies
[Federal Register Volume 74, Number 167 (Monday, August 31, 2009)]
[Rules and Regulations]
[Pages 45085-45086]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20759]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2009-0075]
Privacy Act of 1974: Implementation of Exemptions; Department of
Homeland Security U.S. Coast Guard--028 Family Advocacy Program 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. Coast Guard system of records entitled the ``Department
of Homeland Security U.S. Coast Guard--028 Family Advocacy Program
System of Records'' from certain provisions of the Privacy Act.
Specifically, the Department exempts portions of the Department of
Homeland Security U.S. Coast Guard--028 Family Advocacy Program 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:
David Roberts (202-475-3521), Privacy Officer, United States Coast
Guard. 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 77553, 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. Coast Guard (USCG)--028 Family Advocacy Program system. The
DHS/USCG--028 Family Advocacy Program system of records notice was
published concurrently in the Federal Register, 73 FR 77782, December
19, 2008. Comments were invited on both the notice of proposed
rulemaking and the 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: 6 U.S.C. 101 et seq.; Pub. L. 107-296, 116 Stat.
2135; 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, the following new paragraph
``33'':
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
33. The DHS/USCG--028 Family Advocacy Case Records system of
records consists of electronic and paper records and will be used by
DHS and its components. The DHS/USCG--028 Family Advocacy Case
Records 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. The DHS/
USCG--028 Family Advocacy Case Records 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.
[[Page 45086]]
(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, and potential witnesses, and confidential informants.
Dated: August 20, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E9-20759 Filed 8-28-09; 8:45 am]
BILLING CODE 4910-15-P