[Federal Register Volume 73, Number 228 (Tuesday, November 25, 2008)]
[Rules and Regulations]
[Page 71521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28039]



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  Federal Register / Vol. 73, No. 228 / Tuesday, November 25, 2008 / 
Rules and Regulations  

[[Page 71521]]



DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 5

[Docket No. DHS-2008-0135]


Privacy Act of 1974: Implementation of Exemptions; Department of 
Homeland Security General Training Records

AGENCY: Privacy Office, DHS.

ACTION: Final rule.

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SUMMARY: At this time, the Department of Homeland Security is issuing a 
final rule pursuant to the Privacy Act of 1974 for the Department of 
Homeland Security General Training Records system of records.

DATES: This final rule is effective November 25, 2008.

ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0135, by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 1-866-466-5370.
     Mail: Hugo Teufel III, Chief Privacy Officer, Department 
of Homeland Security, Washington, DC 20528.
    Instructions: All submissions received must include the agency name 
and docket number for this notice. All comments received will be posted 
without change to http://www.regulations.gov, including any personal 
information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions and privacy 
issues, please contact: Hugo Teufel III (703-235-0780), Chief Privacy 
Officer, Privacy Office, Department of Homeland Security, Washington, 
DC 20528.

SUPPLEMENTARY INFORMATION: Background: On May 8, 2006, the Department 
of Homeland Security (DHS) published a notice of proposed rulemaking 
(71 FR 26706) to exempt the General Training Records Privacy Act system 
of records from the following provision of the Privacy Act, 5 U.S.C. 
552a(d). Elsewhere in today's Federal Register, the Department is 
issuing an updated system of records notice that does not impact the 
need for this final rule.
    No comments were received.
    Accordingly, DHS is implementing the rule as proposed.
    Pursuant to the requirements of the Regulatory Flexibility Act, 5 
U.S.C. 601-612, DHS certifies that these regulations will not 
significantly affect a substantial number of small entities. The final 
rule imposes no duties or obligations on small entities. Further, in 
accordance with the provisions of the Paperwork Reduction Act of 1995, 
44 U.S.C. 3501, DHS has determined that this final rule would not 
impose new recordkeeping, application, reporting, or other types of 
information collection requirements.
    A notice of system of records for General Training Records is also 
published in this issue of the Federal Register.

List of Subjects in 6 CFR Part 5

    Freedom of information; Privacy.

0
For the reasons stated in the preamble, DHS proposes to amend Chapter I 
of Title 6, Code of Federal Regulations, as follows:

PART 5--DISCLOSURE OF RECORDS AND INFORMATION

0
1. The authority citation for Part 5 continues to read as follows:

    Authority: Public Law 107-296, 116 Stat. 2135, 6 U.S.C. 101 et 
seq.; 5 U.S.C. 301. Subpart A also issued under 5 U.S.C. 552. 
Subpart B also issued under 5 U.S.C. 552a.


0
2. Add at the end of Appendix C to Part 5, Exemption of Record Systems 
under the Privacy Act, the following new paragraph 13:

Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy 
Act

* * * * *
    13. The Department of Homeland Security General Training Records 
system of records consists of electronic and paper records and will 
be used by DHS and its components. The Department of Homeland 
Security General Training 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. Pursuant to exemptions 5 U.S.C. 552a(k)(6) of the 
Privacy Act, portions of this system are exempt from 5 U.S.C. 
552a(d) to the extent that records in this system relate to testing 
or examination materials used solely to determine individual 
qualifications for appointment in the Federal service. Access to or 
amendment of this information by the data subject would compromise 
the objectivity and fairness of the testing and examination process.

    Dated: November 18, 2008.
Hugo Teufel, III,
Chief Privacy Officer, Department of Homeland Security. 4 1
 [FR Doc. E8-28039 Filed 11-24-08; 8:45 am]
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