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.

Rules and Regulations Federal Register

10633 

Vol. 75, No. 45 

Tuesday, March 9, 2010 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 5 

[Docket No. DHS–2009–0415] 

Privacy Act of 1974: Implementation of 

Exemptions; Department of Homeland 

Security United States Immigration and 

Customs Enforcement—011 

Immigration and Enforcement 

Operational Records 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 portions of a 

Department of Homeland Security/U.S. 

Immigration and Customs Enforcement 

system of records titled, ‘‘Department of 

Homeland Security/U.S. Immigration 

and Customs Enforcement—011 

Removable Alien Records System of 

Records’’ renamed ‘‘Department of 

Homeland Security/U.S. Immigration 

and Customs Enforcement—011 

Immigration and Enforcement 

Operational Records System of Records’’ 

from certain provisions of the Privacy 

Act. Specifically, the Department 

exempts portions of the Department of 

Homeland Security/U.S. Immigration 

and Customs Enforcement—011 

Immigration and Enforcement 

Operational Records 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 March 9, 2010. 

FOR FURTHER INFORMATION CONTACT: For 

general questions please contact: Lyn 

Rahilly (202–732–3300), Privacy Officer, 

U.S. Immigration and Customs 

Enforcement, 500 12th Street, SW., 

Washington, DC 20536; e-mail: 

ICEPrivacy@dhs.gov. 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) published a notice of 

proposed rulemaking in the Federal 

Register, 74 FR 30240, June 25, 2009, 

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 DHS/ 

U.S. Immigration and Customs 

Enforcement (ICE)—011 Removable 

Alien Records system of records notice 

was published concurrently in the 

Federal Register, 74 FR 5665, January 

30, 2009, and later updated in the 

Federal Register to add two new routine 

uses, 74 FR 20719, May 5, 2009. The 

system is being renamed DHS/ICE—011 

Immigration and Enforcement 

Operational Records system of records. 

Comments were invited on both the 

notice of proposed rulemaking and 

system of records notice. Three 

comments were received on the notice 

of proposed rulemaking and system of 

records notice. 

Public Comments 

The comment received on the notice 

of proposed rulemaking did not pertain 

to the notice of proposed rulemaking or 

system of records notice, but instead 

expressed the commenter’s general 

views on immigration. DHS/ICE 

received two positive comments on the 

system of records notice expressing 

support for the two new routine uses 

added in the updated 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 

■ 1. The authority citation for Part 5 

continues to read as follows: 

Authority: Pub. L. 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. 

■ 2. Add at the end of Appendix C to 

Part 5, the following new paragraph ‘‘48’’ 

to read as follows: 

Appendix C to Part 5—DHS Systems of 

Records Exempt From the Privacy Act 

* * * * * 

48. The DHS/ICE–011 Immigration and 

Enforcement Operational Records system of 

records consists of electronic and paper 

records and will be used by DHS and its 

components. The DHS/ICE–011 Immigration 

and Enforcement Operational Records 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; and national 

security and intelligence activities. The DHS/ 

ICE–011 Immigration and Enforcement 

Operational Records 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 this system from the 

following provisions of the Privacy Act, 

subject to the 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), and (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 the limitations set forth in 5 U.S.C. 

552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H); and 

(f) 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) 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 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 


sroberts on DSKD5P82C1PROD with RULES
10634 Federal Register / Vol. 75, No. 45 / Tuesday, March 9, 2010 / Rules and Regulations 

1To view the interim rule and the comments we 

received, go to http://www.regulations.gov/ 

fdmspublic/component/ 

main?main=DocketDetail&d=APHIS-2006-0096. 

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 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 an 

investigation, thereby interfering with the 

related investigation and law enforcement 

activities. 

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

Subjects) because providing such detailed 

information would impede law enforcement 

in that it could compromise investigations 

by: Revealing the existence of an otherwise 

confidential investigation and thereby 

provide an opportunity for the subject of an 

investigation to conceal evidence, alter 

patterns of behavior, or take other actions 

that could thwart investigative efforts; reveal 

the identity of witnesses in investigations, 

thereby providing an opportunity for the 

subjects of the investigations or others to 

harass, intimidate, or otherwise interfere 

with the collection of evidence or other 

information from such witnesses; or reveal 

the identity of confidential informants, 

which would negatively affect the 

informant’s usefulness in any ongoing or 

future investigations and discourage 

members of the public from cooperating as 

confidential informants in any future 

investigations. 

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

(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. 

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

Information) because in 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 (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’ 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) to the extent that 

the system is exempt from other specific 

subsections of the Privacy Act relating to 

individuals’ rights to access and amend their 

records contained in the system. Therefore 

DHS is not required to establish rules or 

procedures pursuant to which individuals 

may seek a civil remedy for the agency’s: 

Refusal to amend a record; refusal to comply 

with a request for access to records; failure 

to maintain accurate, relevant timely and 

complete records; or failure to otherwise 

comply with an individual’s right to access 

or amend records. 

Dated: February 5, 2010. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2010–4900 Filed 3–8–10; 8:45 am] 

BILLING CODE 9111–28–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 354 

[Docket No. APHIS–2006–0096] 

RIN 0579–AC06 

Agricultural Inspection and AQI User 

Fees Along the U.S./Canada Border 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule. 

SUMMARY: We are adopting as a final 

rule, with changes, an interim rule that 

amended the foreign quarantine and 

user fee regulations by removing the 

exemptions from inspection for 

imported fruits and vegetables grown in 

Canada and the exemptions from user 

fees for commercial vessels, commercial 

trucks, commercial railroad cars, 

commercial aircraft, and international 

air passengers entering the United States 

from Canada. The interim rule was 

necessary in part because we were not 

recovering the costs of the inspection 

activities we were engaged in at the 

U.S./Canada border. In addition, our 

data showed an increasing number of 

interceptions on the U.S./Canada border 

of prohibited material that originated in 

Canada and countries other than Canada 

that presents a high risk of introducing 

plant pests or animal diseases into the 

United States. These findings, combined 

with additional Canadian airport 

preclearance data on interceptions of 

ineligible agricultural products 

approaching the U.S. border from 

Canada, strongly indicated that we 

needed to expand and strengthen our 

pest exclusion and smuggling 

interdiction efforts at that border. As a 

result of the interim rule, all agricultural 

products imported from Canada are 

subject to inspection, and all 

commercial conveyances, with certain 

exceptions established by this final rule, 

as well as airline passengers arriving on 

flights from Canada, are subject to user 

fees. 

DATES: Effective Date: March 9, 2010. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Cynthia Stahl, Senior Staff Officer, 

Quarantine Policy, Analysis and 

Support, PPQ, APHIS, 4700 River Road 

Unit 60, Riverdale, MD 20737; (301) 

734–8415. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations in 7 CFR part 319 

prohibit or restrict the importation of 

certain plants and plant products into 

the United States to prevent the 

introduction of plant pests. Similarly, 

the regulations in 9 CFR subchapter D 

prohibit or restrict the importation of 

certain animals and animal products 

into the United States to prevent the 

introduction of pests or diseases of 

livestock. The regulations in 7 CFR part 

354 provide rates and requirements for 

overtime services relating to imports 

and exports and for user fees. 

In an interim rule1 effective 

November 24, 2006, and published in 

the Federal Register on August 25, 2006 

(71 FR 50320–50328, Docket APHIS– 

2006–0096), we amended the foreign 

quarantine regulations in part 319 and 

the user fee regulations in part 354 by 

removing the exemptions from 

inspection for imported fruits and 

vegetables grown in Canada and the 

exemptions from user fees for 

commercial vessels, commercial trucks, 


sroberts on DSKD5P82C1PROD with RULES