Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/Federal Emergency Management Agency-012 Suspicious Activity Reporting System of Records, 1387-1388 [2012-255]
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Rules and Regulations
Federal Register
Vol. 77, No. 6
Tuesday, January 10, 2012
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS–2011–0119]
Privacy Act of 1974: Implementation of
Exemptions; Department of Homeland
Security/Federal Emergency
Management Agency—012 Suspicious
Activity Reporting System of Records
AGENCY:
ACTION:
Privacy Office, DHS.
The Department of Homeland
Security is issuing a final rule to amend
its regulations to exempt a newly
established system of records titled,
‘‘Department of Homeland Security/
Federal Emergency Management
Agency—012 Suspicious Activity
Reporting 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—012 Suspicious
Activity Reporting 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 January 10, 2012.
DATES:
For
general questions please contact: Eric M.
Leckey, (202) 646–3323), Privacy
Officer, Federal Emergency Management
Agency, 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.
wreier-aviles on DSK3TPTVN1PROD with RULES
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
12:49 Jan 09, 2012
The Department of Homeland
Security (DHS) Federal Emergency
Management Agency (FEMA) published
a notice of proposed rulemaking
(NPRM) in the Federal Register, 76 FR
60387, September 29, 2011, proposing
to exempt a 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—012 Suspicious
Activity Reporting System of Records.
The DHS/FEMA—012 Suspicious
Activity Reporting system of records
notice (SORN) was published
concurrently in the Federal Register,
76 FR 60067, September 28, 2011, and
comments were invited on both the
NPRM and SORN.
Public Comments
DHS/FEMA received a total of two
public comments. One comment was
received on the NPRM and one on the
SORN.
NPRM
Final rule.
VerDate Mar<15>2010
Background
Jkt 226001
DHS/FEMA received one public
comment from an anonymous
individual in support of the NPRM. The
private individual notes that ‘‘the DHS/
FEMA’s new system of records should
be exempt from the public disclosure
component of the Privacy Act to further
ensure national security and to add a
necessary exemption to an act that seeks
to protect individuals through
information control.’’ The private
individual further stated ‘‘this proposed
rule shouldn’t be seen as undermining
an individual’s right to disclosure of
information that involves them, but
rather a necessary exemption to ensure
national safety * * *. The proposed
rule justifiably exempts the DHS/FEMA
from disclosure in order to achieve
national security goals that will protect
citizens from growing homeland
threats.’’
SORN
DHS/FEMA received one public
comment on the SORN from an
anonymous individual who noted ‘‘the
Notice for the Department of Homeland
Security/Federal Emergency
Management Agency—012 Suspicious
Activity Reporting System of Records
should reflect that the effort is part of
the larger, federal-wide Nationwide
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
Suspicious Activity Reporting Initiative
and that SARs are reported in
accordance with ISE SAR Functional
Standard 1.5.’’ The drafting of the SORN
was intended to be broad enough to
allow for changes and fluctuation in the
Nationwide SAR Initiative as well as
implementation at DHS and FEMA.
Plans are underway to centralize
reporting within DHS of all suspicious
activity that meets the Information
Sharing Environment (ISE) Functional
Standard. Once those plans are put into
place, FEMA Office of the Chief
Security Officer (OSCO) special agents
and/or analysts will enter all vetted
SARs into the DHS ISE SAR Vetting
Tool (SVT) instead of the FBI
e-Guardian system, as stated in the
DHS/FEMA/PIA–018 Suspicious
Activity Reporting (SAR) Privacy Impact
Assessment (PIA) published on
September 9, 2011.
After consideration of public
comments, the Department decided to
remove reference to protection of the
president and will implement the
rulemaking as described below.
List of Subjects in 6 CFR Part 5
Freedom of information; Privacy.
For the reasons stated in the
preamble, DHS/FEMA 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
‘‘67’’:
■
Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
*
*
*
*
*
67. The DHS/FEMA–012 Suspicious
Activity Reporting System of Records
consists of electronic and paper records and
will be used by DHS/FEMA and its
components. The DHS/FEMA—012
Suspicious Activity Reporting System of
Records is a repository of information held
by DHS/FEMA to serve its mission to support
our citizens and first responders to ensure
that as a nation we work together to build,
sustain, and improve our capability to
prepare for, protect against, respond to,
E:\FR\FM\10JAR1.SGM
10JAR1
wreier-aviles on DSK3TPTVN1PROD with RULES
1388
Federal Register / Vol. 77, No. 6 / Tuesday, January 10, 2012 / Rules and Regulations
recover from, and mitigate all hazards. This
system also supports certain other DHS/
FEMA programs whose functions include,
but are not limited to, the enforcement of
civil and criminal laws; investigations,
inquiries, and proceedings there under; and
national security and intelligence activities.
The DHS/FEMA–012 Suspicious Activity
Reporting System of Records contains
information that is collected by, on behalf of,
in support of, or in cooperation with DHS/
FEMA 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 pursuant to 5
U.S.C. 552a(k)(2); (c)(3); (d); (e)(1), (e)(4)(G),
(e)(4)(H), (e)(4)(I); and (f). Exemptions from
these particular subsections are justified, on
a case-by-case basis 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/FEMA 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/FEMA 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)
VerDate Mar<15>2010
12:49 Jan 09, 2012
Jkt 226001
(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/FEMA 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: December 20, 2011.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2012–255 Filed 1–9–12; 8:45 am]
BILLING CODE 9110–17–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
9 CFR Parts 92, 93, 94, 96, and 98
[Docket No. APHIS–2009–0035]
RIN 0579–AD05
Lists of Regions Classified With
Respect to Certain Animal Diseases
and States Approved To Receive
Certain Imported Horses
Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
AGENCY:
We are removing lists of
regions classified with respect to certain
animal diseases and pests, and lists of
States approved to receive horses
imported from foreign regions where
contagious equine metritis (CEM) exists,
from our animal and animal product
import regulations. Instead, the lists will
be posted on the Animal and Plant
Health Inspection Service’s (APHIS’)
Web site. The regulations will provide
the Web address and explain APHIS’
criteria and processes for adding a
region or a State to, or removing a region
or State from, each of the lists. Because
the lists will no longer be in the Code
of Federal Regulations, changing the
lists will no longer require rulemaking.
We will keep the public informed of
changes to the lists and provide
opportunity for public comment
through publications in the Federal
Register. This rule will enable APHIS to
more quickly recognize changes in the
disease or pest status of foreign regions
and approve States to receive horses
from foreign regions where CEM exists.
This rulemaking does not change the
SUMMARY:
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
technical criteria APHIS uses to
evaluate whether a foreign region
should be added to or removed from a
list or the criteria for approving a State
to receive horses imported from foreign
regions where CEM exists.
DATES: Effective Date: February 9, 2012.
FOR FURTHER INFORMATION CONTACT: Dr.
Laurel Voelker, Regional Evaluation
Services—Import, National Center for
Import and Export, VS, APHIS, 920
Main Campus Drive, Suite 150, Raleigh,
NC 27606; (919) 855–7736.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 94
govern the importation into the United
States of certain animals and animal
products in order to prevent the
introduction of specified livestock
diseases into the United States. The
Animal and Plant Health Inspection
Service (APHIS) has, in the past, listed
in part 94 regions affected with or free
of various diseases of livestock. APHIS
has also listed in part 94 countries in
Europe that are part of the APHISdefined region of Europe that we
recognize as low risk for classical swine
fever (CSF). The regulations in 9 CFR
part 93 govern the importation of
animals into the United States. Part 93
has listed regions affected with certain
diseases of livestock and regions where
screwworm is considered to exist. Part
93 has also listed States that are
approved by APHIS to receive stallions
or mares over 731 days of age that are
imported under specified conditions
from regions affected with contagious
equine metritis (CEM). The regulations
in 9 CFR part 98 govern the importation
into the United States of animal
embryos and semen. Part 98 has listed
the countries in Europe that are part of
the APHIS-defined region of Europe that
we recognize as low risk for CSF. Each
time we have added or removed a
country or other region to or from a list
in any of these regulations, we have had
to engage in rulemaking in order to
change the Code of Federal Regulations.
On June 1, 2011, we published a
proposed rule in the Federal Register
(Docket No. APHIS–2009–0035, 76 FR
31499–31507) to remove the lists of
States approved to receive stallions or
mares from regions affected with CEM,
the lists of countries in the APHISdefined European CSF region, and most
of the other lists of regions from parts
93, 94, and 98 and instead post them to
APHIS’ Web site. We proposed to
include in the regulations the Web
address for the lists; a contact for
requesting copies of the lists by mail,
fax, or email; and APHIS’ process for
E:\FR\FM\10JAR1.SGM
10JAR1
]]>Agencies
[Federal Register Volume 77, Number 6 (Tuesday, January 10, 2012)]
[Rules and Regulations]
[Pages 1387-1388]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-255]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 77, No. 6 / Tuesday, January 10, 2012 / Rules
and Regulations
[[Page 1387]]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2011-0119]
Privacy Act of 1974: Implementation of Exemptions; Department of
Homeland Security/Federal Emergency Management Agency--012 Suspicious
Activity Reporting 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 a newly established system of records
titled, ``Department of Homeland Security/Federal Emergency Management
Agency--012 Suspicious Activity Reporting 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--012 Suspicious Activity Reporting 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 January 10, 2012.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Eric M. Leckey, (202) 646-3323), Privacy Officer, Federal Emergency
Management Agency, 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 60387, September 29, 2011,
proposing to exempt a 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--012
Suspicious Activity Reporting System of Records. The DHS/FEMA--012
Suspicious Activity Reporting system of records notice (SORN) was
published concurrently in the Federal Register, 76 FR 60067, September
28, 2011, and comments were invited on both the NPRM and SORN.
Public Comments
DHS/FEMA received a total of two public comments. One comment was
received on the NPRM and one on the SORN.
NPRM
DHS/FEMA received one public comment from an anonymous individual
in support of the NPRM. The private individual notes that ``the DHS/
FEMA's new system of records should be exempt from the public
disclosure component of the Privacy Act to further ensure national
security and to add a necessary exemption to an act that seeks to
protect individuals through information control.'' The private
individual further stated ``this proposed rule shouldn't be seen as
undermining an individual's right to disclosure of information that
involves them, but rather a necessary exemption to ensure national
safety * * *. The proposed rule justifiably exempts the DHS/FEMA from
disclosure in order to achieve national security goals that will
protect citizens from growing homeland threats.''
SORN
DHS/FEMA received one public comment on the SORN from an anonymous
individual who noted ``the Notice for the Department of Homeland
Security/Federal Emergency Management Agency--012 Suspicious Activity
Reporting System of Records should reflect that the effort is part of
the larger, federal-wide Nationwide Suspicious Activity Reporting
Initiative and that SARs are reported in accordance with ISE SAR
Functional Standard 1.5.'' The drafting of the SORN was intended to be
broad enough to allow for changes and fluctuation in the Nationwide SAR
Initiative as well as implementation at DHS and FEMA. Plans are
underway to centralize reporting within DHS of all suspicious activity
that meets the Information Sharing Environment (ISE) Functional
Standard. Once those plans are put into place, FEMA Office of the Chief
Security Officer (OSCO) special agents and/or analysts will enter all
vetted SARs into the DHS ISE SAR Vetting Tool (SVT) instead of the FBI
e-Guardian system, as stated in the DHS/FEMA/PIA-018 Suspicious
Activity Reporting (SAR) Privacy Impact Assessment (PIA) published on
September 9, 2011.
After consideration of public comments, the Department decided to
remove reference to protection of the president and will implement the
rulemaking as described below.
List of Subjects in 6 CFR Part 5
Freedom of information; Privacy.
For the reasons stated in the preamble, DHS/FEMA 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
``67'':
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
67. The DHS/FEMA-012 Suspicious Activity Reporting System of
Records consists of electronic and paper records and will be used by
DHS/FEMA and its components. The DHS/FEMA--012 Suspicious Activity
Reporting System of Records is a repository of information held by
DHS/FEMA to serve its mission to support our citizens and first
responders to ensure that as a nation we work together to build,
sustain, and improve our capability to prepare for, protect against,
respond to,
[[Page 1388]]
recover from, and mitigate all hazards. This system also supports
certain other DHS/FEMA programs whose functions include, but are not
limited to, the enforcement of civil and criminal laws;
investigations, inquiries, and proceedings there under; and national
security and intelligence activities. The DHS/FEMA-012 Suspicious
Activity Reporting System of Records contains information that is
collected by, on behalf of, in support of, or in cooperation with
DHS/FEMA 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 pursuant to 5 U.S.C. 552a(k)(2);
(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I); and (f).
Exemptions from these particular subsections are justified, on a
case-by-case basis 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/FEMA 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/
FEMA 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/FEMA
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: December 20, 2011.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2012-255 Filed 1-9-12; 8:45 am]
BILLING CODE 9110-17-P
