Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security Transportation Security Administration-023 Workplace Violence Prevention Program System of Records, 42003-42004 [2011-17938]
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Federal Register / Vol. 76, No. 137 / Monday, July 18, 2011 / Rules and Regulations
protection officer position made under
§ 842.1003(a) may be appealed to the
Merit Systems Protection Board under
procedures prescribed by the Board.
(b) The final decision of the agency
head denying an individual coverage
while serving in an approved secondary
position because of failure to meet the
conditions in § 842.1003(b) may be
appealed to the Merit Systems
Protection Board under procedures
prescribed by the Board.
§ 842.1008 Oversight of coverage
determinations.
(a) Upon deciding that a position is a
customs and border protection officer,
the Department of Homeland Security
must notify OPM (Attention: Associate
Director, Retirement Services, or such
other official as may be designated)
stating the title of each position, the
occupational series of the position, the
number of incumbents, whether the
position is primary or secondary, and, if
the position is a primary position, the
established maximum entry age, if one
has been established. The Director of
OPM retains the authority to revoke the
agency head’s determination that a
position is a primary or secondary
position.
(b) The Department of Homeland
Security must establish and maintain a
file containing all coverage
determinations made by the agency
head under § 842.1003(a) and (b), and
all background material used in making
the determination.
(c) Upon request by OPM, the
Department of Homeland Security will
make available the entire coverage
determination file for OPM to audit to
ensure compliance with the provisions
of this subpart.
(d) Upon request by OPM, the
Department of Homeland Security must
submit to OPM a list of all covered
positions and any other pertinent
information requested.
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Jkt 223001
BILLING CODE 6325–63–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2011–0037]
(a) Election of coverage. (1) The
Department of Homeland Security must
provide an individual who is a customs
and border protection officer on
December 26, 2007, with the
opportunity to elect not to be treated as
a customs and border protection officer
under section 535(a) and (b) of the
Department of Homeland Security
Appropriations Act, 2008, Public Law
110–161, 121 Stat. 2042.
(2) An election under this paragraph
is valid only if made on or before June
22, 2008.
15:32 Jul 15, 2011
[FR Doc. 2011–18006 Filed 7–15–11; 8:45 am]
6 CFR Part 5
§ 842.1009 Elections of retirement
coverage, exclusions from retirement
coverage, and proportional annuity
computations.
VerDate Mar<15>2010
(3) An individual eligible to make an
election under this paragraph who fails
to make such an election on or before
June 22, 2008, is deemed to have elected
to be treated as a customs and border
protection officer for retirement
purposes.
(b) Exclusion from coverage. The
provisions of this subpart and any other
specific reference to customs and border
protection officers in this part do not
apply to employees who on December
25, 2007, were law enforcement officers,
under subpart H of this part or subpart
I of part 831, within U.S. Customs and
Border Protection. These employees
cannot elect to be treated as a customs
and border protection officer under
paragraph (a) of this section, nor can
they be deemed to have made such an
election.
(c) Proportional annuity computation.
The annuity of an employee serving in
a primary or secondary customs and
border protection officer position on
July 6, 2008, must, to the extent that its
computation is based on service
rendered as a customs and border
protection officer on or after that date,
be at least equal to the amount that
would be payable—
(1) To the extent that such service is
subject to the Civil Service Retirement
System, by applying section 8339(d) of
title 5, United States Code, with respect
to such service; and
(2) To the extent such service is
subject to the Federal Employees’
Retirement System, by applying section
8415(d) of title 5, United States Code,
with respect to such service.
Privacy Act of 1974: Implementation of
Exemptions; Department of Homeland
Security Transportation Security
Administration—023 Workplace
Violence Prevention Program System
of Records
Privacy Office, DHS.
Final rule.
AGENCY:
ACTION:
The Department of Homeland
Security is issuing a final rule to amend
its regulations to exempt portions of a
newly established system of records
titled, ‘‘Department of Homeland
SUMMARY:
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
42003
Security/Transportation Security
Administration—023 Workplace
Violence Prevention Program System of
Records’’ from certain provisions of the
Privacy Act. Specifically, the
Department exempts portions of the
‘‘Department of Homeland Security/
Transportation Security
Administration—023 Workplace
Violence Prevention Program System of
Records’’ from one or more provisions
of the Privacy Act because of criminal,
civil, and administrative enforcement
requirements.
Effective Date: This final rule is
effective July 18, 2011.
FOR FURTHER INFORMATION CONTACT: For
general questions please contact: Ted
Calhoun, Office of Law Enforcement,
TSA–18, Transportation Security
Administration, 601 South 12th Street,
Arlington, VA 20598–6018; e-mail
Ted.Calhoun@dhs.gov. For privacy
issues please contact: Mary Ellen
Callahan (703–235–0780), Chief Privacy
Officer, Privacy Office, Department of
Homeland Security, Washington, DC
20528.
DATES:
SUPPLEMENTARY INFORMATION:
Background
The Department of Homeland
Security (DHS) Transportation Security
Administration (TSA) published a
notice of proposed rulemaking (NPRM)
in the Federal Register, 75 FR 7978,
February 23, 2010, proposing to exempt
portions of the DHS/TSA–023
Workplace Violence Prevention Program
system of records from one or more
provisions of the Privacy Act because of
criminal, civil, and administrative
enforcement requirements. The DHS/
TSA–023 Workplace Violence
Prevention Program system of records
notice (SORN) was published
concurrently in the Federal Register, 75
FR 8096, February 23, 2010, and
comments were invited on both the
NPRM and SORN.
Public Comments
DHS/TSA received one comment on
the NPRM and no comments on the
SORN.
NPRM
DHS/TSA received one comment from
the public that supported the proposed
rule. No other substantive or significant
comments were received.
SORN
TSA received no comments on the
SORN.
After consideration of the public
comment received, the Department will
implement the rulemaking as proposed.
E:\FR\FM\18JYR1.SGM
18JYR1
42004
Federal Register / Vol. 76, No. 137 / Monday, July 18, 2011 / Rules and Regulations
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: 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
‘‘56’’:
■
Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
mstockstill on DSK4VPTVN1PROD with RULES
*
*
*
*
*
56. The DHS/TSA–023 Workplace
Violence Prevention Program System of
Records consists of electronic and paper
records and is used by the TSA in the
administration of its Workplace Violence
Prevention Program, an internal TSA
program designed to prevent and respond to
workplace violence. The DHS/TSA–023
Workplace Violence Prevention Program
System of Records is a repository of
information held by TSA 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/TSA–023 Workplace
Violence Prevention Program System of
Records contains information collected by
TSA, 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 portions of
this system from the following provisions of
the Privacy Act, subject to the limitations set
forth in (c)(3); (d); (e)(1), (e)(4)(G); (e)(4)(H);
(e)(4)(I); and (f) of the Privacy Act pursuant
to 5 U.S.C. 552a(k)(2). Exemptions from these
particular subsections are justified, on a caseby-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 that 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
VerDate Mar<15>2010
15:32 Jul 15, 2011
Jkt 223001
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 that 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 unreasonable administrative
burden by requiring investigations to be
continually 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.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2011–17938 Filed 7–15–11; 8:45 am]
BILLING CODE 9110–05–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
6 CFR Part 5
Privacy Act of 1974: Implementation of
Exemptions; Department of Homeland
Security Federal Emergency
Management Agency—011 Training
and Exercise Program Records System
of Records
ACTION:
Privacy Office, DHS.
Final rule.
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
Effective Date: This final rule is
effective July 18, 2011.
FOR FURTHER INFORMATION CONTACT: For
general questions please contact:
Dr. Lesia Banks (202–646–3323), Acting
Privacy Officer, Federal Emergency
Management Agency, Department of
Homeland Security, Washington, DC
20478. For privacy issues please
contact: Mary Ellen Callahan (703–235–
0780), Chief Privacy Officer, Privacy
Office, Department of Homeland
Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
DATES:
Background
The Department of Homeland
Security (DHS) Federal Emergency
Management Agency (FEMA) published
a notice of proposed rulemaking
(NPRM) in the Federal Register, 76 FR
18954, April 6, 2011, 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/FEMA—011 Training and
Exercise Program Records System of
Records. The DHS/FEMA—011 Training
and Exercise Program Records system of
records notice (SORN) was published
concurrently in the Federal Register,
76 FR 19107, April 6, 2011, and
comments were invited on both the
NPRM and SORN.
Public Comments
[Docket No. DHS–2011–0050]
AGENCY:
The Department of Homeland
Security is issuing a final rule to amend
its regulations to exempt portions of a
newly established system of records
titled, ‘‘Department of Homeland
Security Federal Emergency
Management Agency—011 Training and
Exercise Program Records System of
Records’’ from certain provisions of the
Privacy Act. Specifically, the
Department exempts portions of the
‘‘Department of Homeland Security
Federal Emergency Management
Agency—011 Training and Exercise
Program Records System of Records’’
from one or more provisions of the
Privacy Act because of criminal, civil,
and administrative enforcement
requirements.
SUMMARY:
DHS did not receive comments on the
NPRM or SORN. The Department 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:
E:\FR\FM\18JYR1.SGM
18JYR1
]]>Agencies
[Federal Register Volume 76, Number 137 (Monday, July 18, 2011)]
[Rules and Regulations]
[Pages 42003-42004]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17938]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2011-0037]
Privacy Act of 1974: Implementation of Exemptions; Department of
Homeland Security Transportation Security Administration--023 Workplace
Violence Prevention 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 newly established system
of records titled, ``Department of Homeland Security/Transportation
Security Administration--023 Workplace Violence Prevention Program
System of Records'' from certain provisions of the Privacy Act.
Specifically, the Department exempts portions of the ``Department of
Homeland Security/Transportation Security Administration--023 Workplace
Violence Prevention Program System of Records'' 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 July 18, 2011.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Ted Calhoun, Office of Law Enforcement, TSA-18, Transportation Security
Administration, 601 South 12th Street, Arlington, VA 20598-6018; e-mail
Ted.Calhoun@dhs.gov. For privacy issues please contact: Mary Ellen
Callahan (703-235-0780), Chief Privacy Officer, Privacy Office,
Department of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
Background
The Department of Homeland Security (DHS) Transportation Security
Administration (TSA) published a notice of proposed rulemaking (NPRM)
in the Federal Register, 75 FR 7978, February 23, 2010, proposing to
exempt portions of the DHS/TSA-023 Workplace Violence Prevention
Program system of records from one or more provisions of the Privacy
Act because of criminal, civil, and administrative enforcement
requirements. The DHS/TSA-023 Workplace Violence Prevention Program
system of records notice (SORN) was published concurrently in the
Federal Register, 75 FR 8096, February 23, 2010, and comments were
invited on both the NPRM and SORN.
Public Comments
DHS/TSA received one comment on the NPRM and no comments on the
SORN.
NPRM
DHS/TSA received one comment from the public that supported the
proposed rule. No other substantive or significant comments were
received.
SORN
TSA received no comments on the SORN.
After consideration of the public comment received, the Department
will implement the rulemaking as proposed.
[[Page 42004]]
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
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
``56'':
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
56. The DHS/TSA-023 Workplace Violence Prevention Program System
of Records consists of electronic and paper records and is used by
the TSA in the administration of its Workplace Violence Prevention
Program, an internal TSA program designed to prevent and respond to
workplace violence. The DHS/TSA-023 Workplace Violence Prevention
Program System of Records is a repository of information held by TSA
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/TSA-023 Workplace Violence Prevention Program System of Records
contains information collected by TSA, 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 portions of this system from the
following provisions of the Privacy Act, subject to the limitations
set forth in (c)(3); (d); (e)(1), (e)(4)(G); (e)(4)(H); (e)(4)(I);
and (f) of the Privacy Act 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 that 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 that
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
unreasonable administrative burden by requiring investigations to be
continually 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.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2011-17938 Filed 7-15-11; 8:45 am]
BILLING CODE 9110-05-P
