Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security Federal Emergency Management Agency-011 Training and Exercise Program Records System of Records, 42004-42005 [2011-17940]
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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
Federal Register / Vol. 76, No. 137 / Monday, July 18, 2011 / Rules and Regulations
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.; Public Law
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
‘‘55’’:
■
Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
mstockstill on DSK4VPTVN1PROD with RULES
*
*
*
*
*
55. The DHS/FEMA–011 Training and
Exercise Program Records System of Records
consists of electronic and paper records and
will be used by FEMA. The DHS/FEMA–011
Training and Exercise Program Records
System of Records consists of electronic and
paper records and will be used by DHS and
its components and offices to maintain
records about individual training, including
enrollment and participation information,
information pertaining to class schedules,
programs, and instructors, training trends
and needs, testing and examination
materials, and assessments of training
efficacy. The data will be collected by
employee name or other unique identifier.
The collection and maintenance of this
information will assist DHS in meeting its
obligation to train its personnel and
contractors in order to ensure that the agency
mission can be successfully accomplished.
The DHS/FEMA–011 General Training and
Exercise Program Records System of 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 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)(6) where it states: ‘‘For testing or
examination material used solely to
determine individual qualifications for
appointment or promotion in the Federal
service the disclosure of which would
compromise the objectivity or fairness of the
testing or examination process.’’
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
VerDate Mar<15>2010
15:32 Jul 15, 2011
Jkt 223001
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. 2011–17940 Filed 7–15–11; 8:45 am]
BILLING CODE 9110–17–P
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
42005
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS–2011–0056]
Privacy Act of 1974: Implementation of
Exemptions; Department of Homeland
Security Office of Operations
Coordination and Planning–002
National Operations Center Tracker
and Senior Watch Officer Logs
Records 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
Security Office of Operations
Coordination and Planning –002
National Operations Center Tracker and
Senior Watch Officer Logs Records
System of Records’’ from certain
provisions of the Privacy Act.
Specifically, the Department exempts
portions of the system of records from
one or more provisions of the Privacy
Act because of criminal, civil, and
administrative enforcement
requirements.
SUMMARY:
Effective Date: This final rule is
effective July 18, 2011.
FOR FURTHER INFORMATION CONTACT: For
general questions please contact:
Michael Page (202–357–7626), Privacy
Point of Contact, Office of Operations
Coordination and Planning, Department
of Homeland Security, Washington, DC
20528. 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) Office of Operations
Coordination and Planning (OPS)
published a notice of proposed
rulemaking (NPRM) in the Federal
Register, March 8, 2011, 76 FR 12745,
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/OPS–002 National
Operations Center Tracker and Senior
Watch Officer Logs Records System of
Records. The DHS/OPS–002 National
Operations Center Tracker and Senior
E:\FR\FM\18JYR1.SGM
18JYR1
]]>Agencies
[Federal Register Volume 76, Number 137 (Monday, July 18, 2011)]
[Rules and Regulations]
[Pages 42004-42005]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17940]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2011-0050]
Privacy Act of 1974: Implementation of Exemptions; Department of
Homeland Security Federal Emergency Management Agency--011 Training and
Exercise Program 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 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.
DATES: 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:
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
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:
[[Page 42005]]
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.; Public Law 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
``55'':
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
55. The DHS/FEMA-011 Training and Exercise Program Records
System of Records consists of electronic and paper records and will
be used by FEMA. The DHS/FEMA-011 Training and Exercise Program
Records System of Records consists of electronic and paper records
and will be used by DHS and its components and offices to maintain
records about individual training, including enrollment and
participation information, information pertaining to class
schedules, programs, and instructors, training trends and needs,
testing and examination materials, and assessments of training
efficacy. The data will be collected by employee name or other
unique identifier. The collection and maintenance of this
information will assist DHS in meeting its obligation to train its
personnel and contractors in order to ensure that the agency mission
can be successfully accomplished. The DHS/FEMA-011 General Training
and Exercise Program Records System of 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 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)(6) where it states: ``For testing
or examination material used solely to determine individual
qualifications for appointment or promotion in the Federal service
the disclosure of which would compromise the objectivity or fairness
of the testing or examination process.''
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. 2011-17940 Filed 7-15-11; 8:45 am]
BILLING CODE 9110-17-P
