[Federal Register Volume 74, Number 162 (Monday, August 24, 2009)]
[Rules and Regulations]
[Pages 42577-42578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20151]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 5

[Docket No. DHS-2009-0062]


Privacy Act of 1974: Implementation of Exemptions; Department of 
Homeland Security/ALL--006 Accident Records 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-wide system of 
records entitled the ``Department of Homeland Security/ALL--006 
Accident Records System of Records'' from certain provisions of the 
Privacy Act. Specifically, the Department exempts portions of the 
Department of Homeland Security/ALL--006 Accident 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 71563, November 25, 
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--006 Accident Records system. The DHS/ALL--006 Accident Records 
system of records notice was published concurrently in the Federal 
Register, 73 FR 71661, November 25, 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.

[[Page 42578]]

List of Subjects in 6 CFR Part 5

    Freedom of information; Privacy.

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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: 6 U.S.C. 101 et seq.; Public Law 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.


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2. Add at the end of Appendix C to Part 5, the following new paragraph 
``17'':

Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy 
Act

* * * * *
    17. The DHS/ALL--006 Accident Records system of records consists 
of electronic and paper records and will be used by DHS and its 
components. The DHS/ALL--006 Accident 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 thereunder; 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--006 Accident 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 the limitations set forth 
in 5 U.S.C. 552a(d) pursuant to 5 U.S.C. 552a(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: From subsection (d) (Access to Records) because access to 
the records contained in this system of records could inform the 
subject of information related to the protection of a President of 
the United States or other individuals pursuant to Section 3056 and 
3056A of Title 18. Permitting access and amendment to such 
information could disclose security-sensitive information that could 
be detrimental to homeland security.

    Dated: August 12, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
 [FR Doc. E9-20151 Filed 8-21-09; 8:45 am]
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