[Federal Register Volume 74, Number 167 (Monday, August 31, 2009)]
[Rules and Regulations]
[Page 45070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20744]
[[Page 45069]]
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Part VI
Department of Homeland Security
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6 CFR Part 5
Privacy Act of 1974: Implementation of Exemptions; Final Rules
Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules
and Regulations
[[Page 45070]]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2009-0057]
Privacy Act of 1974: Implementation of Exemptions; Department of
Homeland Security U.S. Customs and Border Protection--009 Electronic
System for Travel Authorization System of Records
AGENCY: Privacy Office, DHS.
ACTION: Final rule.
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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. Customs and Border Protection system of records entitled
the ``Department of Homeland Security U.S. Customs and Border
Protection--009 Electronic System for Travel Authorization System of
Records'' from certain provisions of the Privacy Act. Specifically, the
Department exempts portions of the Department of Homeland Security U.S.
Customs and Border Protection--009 Electronic System for Travel
Authorization 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:
Laurence E. Castelli (202-325-0280), Chief, Privacy Act Policy and
Procedures Branch, U.S. Customs and Border Protection, Office of
International Trade, Regulations & Rulings, Mint Annex, 799 Ninth
Street, NW., Washington, DC 20001-4501. 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 32657, June 10,
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. Customs and Border Protection (CBP)--009 Electronic System for
Travel Authorization system. The DHS/CBP--009 Electronic System for
Travel Authorization system of records notice was published
concurrently in the Federal Register, 73 FR 32720, June 10, 2008, and
comments were invited on both the notice of proposed rulemaking and
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.
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: 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 ``20'':
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
20. The DHS/CBP--009 Electronic System for Travel Authorization
system of records consists of electronic and paper records and will
be used by DHS and it's Components. The DHS/CBP--009 Electronic
System for Travel Authorization 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; and national security and intelligence
activities. The DHS/CBP--009 Electronic System for Travel
Authorization 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. 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), (e)(8), and (g) pursuant to 5 U.S.C. 552a(j)(2), and
(k)(2). Further, no exemption shall be asserted with respect to
information maintained in the system as it relates to data submitted
by or on behalf of a person who travels to visit the United States
and crosses the border, nor shall an exemption be asserted with
respect to the resulting determination (approval or denial). 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 case-by-case basis to be
determined at the time a request is made, when information in this
system of records may impede a law enforcement or national security
investigation:
(a) From subsection (c)(3) (Accounting for Disclosure) because
making available to a record subject the accounting of disclosures
from records concerning him or her would specifically reveal any
investigative interest in the individual. Revealing this information
could reasonably be expected to compromise ongoing efforts to
investigate a violation of U.S. law, including investigations of a
known or suspected terrorist, by notifying the record subject that
he or she is under investigation. This information could also permit
the record subject to take measures to impede the investigation,
e.g., destroy evidence, intimidate potential witnesses, or flee the
area to avoid or impede the investigation.
(b) From subsection (e)(8) (Notice on Individuals) because to
require individual notice of disclosure of information due to
compulsory legal process would pose an impossible administrative
burden on DHS and other agencies and could alert the subjects of
counterterrorism or law enforcement investigations to the fact of
those investigations when not previously known.
(c) From subsection (g) (Civil Remedies) to the extent that the
system is exempt from other specific subsections of the Privacy Act.
Dated: August 20, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E9-20744 Filed 8-28-09; 8:45 am]
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