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. 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

7980 Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Proposed Rules 

SUPPLEMENTARY INFORMATION: 

Background: The Department of 

Homeland Security (DHS) and its 

components and offices rely on the 

Privacy Act system of records notice, 

DHS–2004–0004 Oral History Program: 

The History of the Department of 

Homeland Security System of Records 

(69 FR 56781, September 22, 2004) for 

the collection and maintenance of 

records that concern the Department’s 

history records. The system name is 

being changed to DHS/ALL–027 The 

History of the Department of Homeland 

Security System of Records. 

As part of its efforts to maintain its 

Privacy Act records systems, DHS is 

updating and reissuing a Departmentwide system of records under the 

Privacy Act (5 U.S.C. 552a) for DHS 

history records. This will ensure that all 

components of DHS follow the same 

privacy rules for collecting and 

handling history records. The collection 

and maintenance of this information 

will assist DHS in managing the 

Department’s history records. 

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 the DHS/ALL–027 The History of the 

Department of Homeland Security 

System of Records. Some information in 

this system of records relates to official 

DHS national security, law enforcement, 

immigration, intelligence activities, and 

protective services to the President of 

the United States or other individuals 

pursuant to Section 3056 and 3056A of 

Title 18, investigatory records related to 

suitability and federal service exams 

and test materials. 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 avoid disclosure of activity 

techniques; 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; to safeguard classified 

information; and to safeguard records in 

connection with providing protective 

services to the President of the United 

States or other individuals pursuant to 

Section 3056 and 3056A of Title 18. 

Disclosure of information to the subject 

of the inquiry could also permit the 

subject to avoid detection or 

apprehension. 

It is necessary for these records to be 

exempt because, if public, could 

disclose training and protection 

methods used to protect the President of 

the United States or other individuals 

pursuant to Section 3056 and 3056A of 

Title 18. While these records are 

maintained for historical purposes, they 

must remain exempt from the Privacy 

Act. 

The exemptions proposed here are 

standard law enforcement and national 

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 for DHS/ 

ALL–027 The History of the Department 

of Homeland Security 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 

‘‘47’’: 

Appendix C to Part 5—DHS Systems of 

Records Exempt From the Privacy Act 

* * * * * 

47. The DHS/ALL–027 The History of the 

Department of Homeland Security System of 

Records consists of electronic and paper 

records and will be used by DHS and its 

components. The DHS/ALL–027 The History 

of the Department of Homeland Security 

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; 

national security and intelligence activities; 

and protection of the President of the United 

States or other individuals pursuant to 

Section 3056 and 3056A of Title 18. The 

DHS/ALL–027 The History of the Department 

of Homeland Security System of Records 

contain 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) and (4); (d); (e)(1), (e)(2), (e)(3), 

(e)(4)(G), (e)(4)(H), (e)(5), (e)(8); (f); and (g) 

pursuant to 5 U.S.C. 552a(j)(2). Additionally, 

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)(1), (k)(2), (k)(3), 

and (k)(5). 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) and (4) 

(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. 

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Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Proposed Rules 7981 

(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 subsection (e)(2) (Collection of 

Information from Individuals) because 

requiring that information be collected from 

the subject of an investigation would alert the 

subject to the nature or existence of the 

investigation, thereby interfering with that 

investigation and related law enforcement 

activities. 

(e) From subsection (e)(3) (Notice to 

Subjects) because providing such detailed 

information could impede law enforcement 

by compromising the existence of a 

confidential investigation or reveal the 

identity of witnesses or confidential 

informants. 

(f) From subsections (e)(4)(G) and (H) (I) 

and (f) (Agency Requirements) because 

portions of this system are exempt from the 

individual access provisions of subsection (d) 

and thus would not require DHS to apply 

rules for records or portions of records which 

are exempted from access or amendment 

upon request. Access to, and amendment of, 

system records that are not exempt or for 

which exemption is waived may be obtained 

under procedures described in the related 

system of records notice (SORN) or Subpart 

B of this Part. 

(g) From subsection (e)(5) (Collection of 

Information) because with the collection of 

information for law enforcement purposes, it 

is impossible to determine in advance what 

information is accurate, relevant, timely, and 

complete. Compliance with subsection (e)(5) 

would preclude DHS agents from using their 

investigative training and exercise of good 

judgment to both conduct and report on 

investigations. 

(h) From subsection (e)(8) (Notice on 

Individuals) because compliance would 

interfere with DHS’s ability to obtain, serve, 

and issue subpoenas, warrants, and other law 

enforcement mechanisms that may be filed 

under seal and could result in disclosure of 

investigative techniques, procedures, and 

evidence. 

(i) From subsection (g) (Civil Remedies) to 

the extent that the system is exempt from 

other specific subsections of the Privacy Act. 

Dated: January 21, 2010. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2010–3361 Filed 2–22–10; 8:45 am] 

BILLING CODE 9110–9M–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 920 

[Doc. No. AO–FV–08–0174; AMS–FV–08– 

0085; FV08–920–3] 

Kiwifruit Grown in California; 

Secretary’s Decision and Referendum 

Order on Proposed Amendments to 

Marketing Order No. 920 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule and referendum 

order. 

SUMMARY: This decision proposes 

amendments to Marketing Order No. 

920 (order), which regulates the 

handling of kiwifruit grown in 

California, and provides growers with 

the opportunity to vote in a referendum 

to determine if they favor the changes. 

The amendments are based on proposals 

by the Kiwifruit Administrative 

Committee (committee), which is 

responsible for local administration of 

the order. These proposed amendments 

would redefine the districts into which 

the production area is divided and 

reallocate committee membership 

among the districts, revise committee 

nomination and selection procedures, 

authorize the committee to conduct 

research and promotion programs, and 

revise committee meeting and voting 

procedures. The proposals are intended 

to improve the operation and 

administration of the order and provide 

the industry with additional tools for 

the marketing of kiwifruit. 

DATES: The referendum will be 

conducted from March 12 through 

March 26, 2010. The representative 

period for the purpose of the 

referendum is August 1, 2008, through 

July 31, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Laurel May or Kathleen Finn, Marketing 

Order Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue, SW., Stop 0237, 

Washington, DC 20250–0237; 

Telephone: (202) 720–2491, Fax: (202) 

720–8938, or E-mail: 

Laurel.May@ams.usda.gov or 

Kathy.Finn@ams.usda.gov. 

Small businesses may request 

information on this proceeding by 

contacting Antoinette Carter, Marketing 

Order Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue, SW., Stop 0237, 

Washington, DC 20250–0237; 

Telephone: (202) 720–2491, Fax: (202) 

720–8938, E-mail: 

Antoinette.Carter@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: Prior 

documents in this proceeding: Notice of 

Hearing issued on January 24, 2008, and 

published in the November 19, 2008, 

issue of the Federal Register (73 FR 

69588), and a Recommended Decision 

issued on November 5, 2009, and 

published in the November 12, 2009, 

issue of the Federal Register (74 FR 

58216). 

This action is governed by the 

provisions of sections 556 and 557 of 

title 5 of the United States Code and is 

therefore excluded from the 

requirements of Executive Order 12866. 

Preliminary Statement 

The proposed amendments are based 

on the record of a public hearing held 

December 9, 2008, in Modesto, 

California, to consider such 

amendments to the order. Notice of this 

hearing was published in the Federal 

Register on November 19, 2008 (73 FR 

69588). The hearing was held pursuant 

to the provisions of the Agricultural 

Marketing Agreement Act of 1937, as 

amended (7 U.S.C. 601–674), hereinafter 

referred to as the ‘‘Act,’’ and the 

applicable rules of practice and 

procedure governing the formulation of 

marketing agreements and orders (7 CFR 

part 900). The notice of hearing 

contained four proposals submitted by 

the committee. 

The amendments included in this 

decision would: 

1. Redefine the districts into which 

the production area is divided and 

reallocate committee membership 

positions among the districts; 

2. Revise committee nomination and 

selection procedures; 

3. Add authority for research and 

promotion programs; and 

4. Revise the committee’s meeting and 

voting procedures. 

The Agricultural Marketing Service 

(AMS) also proposed to make any such 

changes to the order as may be 

necessary, if any of the proposed 

changes are adopted, so that all of the 

order’s provisions conform to the 

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