This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

7978 

Vol. 75, No. 35 

Tuesday, February 23, 2010 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 5 

[Docket No. DHS–2009–0137] 

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: Notice of proposed rulemaking. 

SUMMARY: The Department of Homeland 

Security is giving concurrent notice of a 

newly established system of records 

pursuant to the Privacy Act of 1974 for 

the Department of Homeland Security 

Transportation Security 

Administration–023 Workplace 

Violence Prevention Program System of 

Records and this proposed rulemaking. 

In this proposed rulemaking, the 

Department proposes 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. 

DATES: Comments must be received on 

or before March 25, 2010. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2009–0137, by one of the following 

methods: 

• Federal e-Rulemaking Portal: http: 

//www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 703–483–2999. 

• Mail: Mary Ellen Callahan, Chief 

Privacy Officer, Privacy Office, 

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 please contact: Peter 

Pietra (tsaprivacy@dhs.gov), Director, 

Privacy Policy & Compliance, TSA–036, 

Transportation Security Administration, 

601 South 12th Street, Arlington, VA 

20598–6036. For privacy issues please 

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) Transportation Security 

Administration (TSA) is establishing a 

new system of records under the Privacy 

Act (5 U.S.C. 552a) titled, DHS/TSA– 

023 Workplace Violence Prevention 

Program System of Records. The system 

will cover records regarding current and 

former employees and contractors of 

TSA and members of the public who 

have been involved in workplace 

violence at TSA facilities, or while on 

or because of their official duty, or who 

are being or have been assisted or 

counseled by the TSA Workplace 

Violence Prevention Program. Records 

include acts, remarks, or gestures that 

communicate a threat of harm or 

otherwise cause concern for the safety of 

any individual at TSA facilities or while 

on or because of their official duty. 

These records may include identifying 

information, information documenting 

workplace violence, and actions taken 

by the Workplace Violence Prevention 

Program or TSA. The program provides 

oversight and management of potential 

or actual incidents of violence in the 

workplace. It provides assistance to 

affected individuals, guidance on 

prevention and response to workplace 

violence, analyzes data as needed, and 

provides training. 

The Secretary of Homeland Security 

has exempted this system from the 

notification, access, and amendment 

procedures of the Privacy Act because it 

is a law enforcement system. 

The Privacy Act embodies fair 

information principles in a statutory 

framework governing the means by 

which the United States Government 

collects, maintains, uses, and 

disseminates personally identifiable 

information. The Privacy Act applies to 

information that is maintained in a 

‘‘system of records.’’ A ‘‘system of 

records’’ is a group of any records under 

the control of an agency from which 

information is retrieved by the name of 

the individual or by some identifying 

number, symbol, or other identifying 

particular assigned to the individual. 

Individuals may request their own 

records that are maintained in a system 

of records in the possession or under the 

control of DHS by complying with DHS 

Privacy Act regulations, 6 CFR part 5. 

The Privacy Act requires each agency 

to publish in the Federal Register a 

description of the type and character of 

each system of records that the agency 

maintains, and the routine uses that are 

contained in each system in order to 

make agency recordkeeping practices 

transparent, to notify individuals 

regarding the uses to which personally 

identifiable information is put, and to 

assist individuals in finding such files 

within the agency. 

The Privacy Act allows Government 

agencies to exempt certain records from 

the access and amendment provisions. If 

an agency claims an exemption, 

however, it must issue a Notice of 

Proposed Rulemaking to make clear to 

the public the reasons why a particular 

exemption is claimed. 

DHS is claiming exemptions from 

certain requirements of the Privacy Act 

for DHS/TSA–023 Workplace Violence 

Prevention Program System of Records. 

Some information in DHS/TSA–023 

Workplace Violence Prevention Program 

System of Records relates to official 

DHS law enforcement. These 

exemptions are needed to protect 

information relating to DHS activities 

from disclosure to subjects or others 

related to these activities. Specifically, 

the exemptions are required to preclude 

subjects of these activities from 

frustrating these processes; to protect 

the identities and physical safety of 

confidential informants and law 

enforcement personnel; to ensure DHS’ 

ability to obtain information from third 

parties and other sources; to protect the 

privacy of third parties. Disclosure of 

information to the subject of the inquiry 

could also permit the subject to avoid 

detection or apprehension. 

The exemptions proposed here are 

standard law enforcement and national 

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Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Proposed Rules 7979 

security exemptions exercised by a large 

number of federal law enforcement and 

intelligence agencies. In appropriate 

circumstances, where compliance 

would not appear to interfere with or 

adversely affect the law enforcement 

purposes of this system and the overall 

law enforcement process, the applicable 

exemptions may be waived on a case by 

case basis. 

A notice of system of records titled, 

DHS/TSA–023 Workplace Violence 

Prevention Program System of Records 

is also published in this issue of the 

Federal Register. 

List of Subjects in 6 CFR Part 5 

Freedom of information; Privacy. 

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 

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 

‘‘48’’: 

Appendix C to Part 5—DHS Systems of 

Records Exempt From the Privacy Act 

* * * * * 

48. The DHS/TSA–023 Workplace 

Violence Prevention Program System of 

Records consists of electronic and paper 

records and will be used by the 

Transportation Security Administration. The 

DHS/TSA–023 Workplace Violence 

Prevention Program System of Records 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 there under. The DHS/TSA–023 

Workplace Violence Prevention Program 

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 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 the 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 the 

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 impossible administrative burden 

by requiring investigations to be 

continuously 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. 

Dated: February 1, 2010. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2010–3360 Filed 2–22–10; 8:45 am] 

BILLING CODE 4910–62–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 5 

[Docket No. DHS–2009–0096] 

Privacy Act of 1974: Implementation of 

Exemptions; Department of Homeland 

Security/ALL–027 The History of the 

Department of Homeland Security 

System of Records 

AGENCY: Privacy Office, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Department of Homeland 

Security is giving concurrent notice of 

an updated and reissued system of 

records pursuant to the Privacy Act of 

1974 for the Department of Homeland 

Security/ALL–027 The History of the 

Department of Homeland Security 

System of Records and this proposed 

rulemaking. In this proposed 

rulemaking, the Department proposes 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. 

DATES: Comments must be received on 

or before March 25, 2010. 

ADDRESSES: You may submit comments, 

identified by docket number [DHS– 

2009–0096], by one of the following 

methods: 

• Federal e-Rulemaking Portal: http: 

//www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 703–483–2999. 

• Mail: Mary Ellen Callahan, Chief 

Privacy Officer and Chief Freedom of 

Information Act Officer, Privacy Office, 

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 please contact: 

Historian (202–282–8682), History 

Office, Office of Policy, 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. 

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