Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Rules and Regulations 42579 

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: August 12, 2009. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. E9–20155 Filed 8–21–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 5 

[Docket No. DHS–2009–0063] 

Privacy Act of 1974: Implementation of 

Exemptions; Department of Homeland 

Security/ALL—013 Claims 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-wide system of records 

entitled the ‘‘Department of Homeland 

Security/ALL—013 Claims Records 

System of Records’’ from certain 

provisions of the Privacy Act. 

Specifically, the Department exempts 

portions of the Department of Homeland 

Security/ALL—013 Claims 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 August 24, 2009. 

FOR FURTHER INFORMATION CONTACT: For 

general questions and 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, 73 FR 63908, October 28, 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/ALL—013 Claims 

Records system. The DHS/ALL—013 

Claims Records system of records notice 

was published concurrently in the 

Federal Register, 73 FR 63987, October 

28, 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 

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: 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. 

■ 2. Add at the end of Appendix C to 

Part 5, Exemption of Record Systems 

under the Privacy Act, the following 

new paragraph 15: 

Appendix C to Part 5—DHS Systems of 

Records Exempt From the Privacy Act 

* * * * * 

15. The DHS/ALL—013 Claims Records 

system of records consists of electronic and 

paper records and will be used by DHS and 

its components. The DHS/ALL—013 Claims 

Records 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 

there under; and national security, 

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—013 

Claims Records 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 

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)(4)(I), (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 

limitations set forth in 5 U.S.C. 552a(c)(3), 

(d), (e)(1), (e)(4)(G), (e)(4)(H), (I), and (f) 

pursuant to 5 U.S.C. 552a(k)(1), (k)(2), and 

(k)(3). 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 

mstockstill on DSKH9S0YB1PROD with RULES

42580 Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Rules and Regulations 

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 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), (H), and (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. 

(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: August 12, 2009. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. E9–20154 Filed 8–21–09; 8:45 am] 

BILLING CODE 9110–9B–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 902 

50 CFR Part 648 

[Docket No. 071220873–91153–02] 

RIN 0648–AS25 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Tilefish; 

Amendment 1 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS is implementing 

approved measures contained in 

Amendment 1 to the Tilefish Fishery 

Management Plan (FMP), developed by 

the Mid-Atlantic Fishery Management 

Council (Council). The approved 

measures address issues and problems 

that have been identified since the FMP 

was first implemented. These measures 

are intended to achieve the management 

objectives of the FMP, and implement 

an Individual Fishing Quota (IFQ) 

program. 

DATES: Effective November 1, 2009, 

except for the amendments to 15 CFR 

902.1(b), and 50 CFR 648.290 and 

648.291, which are effective August 24, 

2009. 

ADDRESSES: A Final Environmental 

Impact Statement (FEIS) was prepared 

for Amendment 1 that describes the 

action and other alternatives considered 

and provides a thorough analysis of the 

impacts of the approved measures and 

alternatives. Copies of supporting 

documents, including the Regulatory 

Impact Review (RIR) and Initial 

Regulatory Flexibility Analysis (IRFA) 

are available from Daniel Furlong, 

Executive Director, Mid-Atlantic 

Fishery Management Council, Room 

2115, Federal Building, 300 South New 

Street, Dover, DE 19904–6790. A copy of 

the RIR/IRFA is accessible via the 

Internet at http://www.nero.noaa.gov/. 

Written comments regarding the 

burden-hour estimate or other aspects of 

the collection-of-information 

requirement contained in this proposed 

rule should be submitted to the Regional 

Administrator at 55 Great Republic 

Drive, Gloucester, MA 01930, and by email to David_Rostker@omb.eop.gov, or 

fax to 202–395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Timothy A. Cardiasmenos, Fishery 

Policy Analyst, 978–281–9204. 

SUPPLEMENTARY INFORMATION: 

Background 

In March 2004, the Mid-Atlantic 

Fishery Management Council (Council) 

began development of Amendment 1 to 

the FMP to evaluate alternatives for a 

limited access privilege program (LAPP) 

and other measures for limited access 

tilefish vessels. The Council held 17 

public meetings on Amendment 1 

between March 2004 and April 2008. 

After considering a wide range of issues, 

alternatives, and public input, the 

Council submitted a Draft 

Environmental Impact Statement (DEIS) 

for Amendment 1 to NMFS. The Notice 

mstockstill on DSKH9S0YB1PROD with RULES