42776 Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Rules and Regulations 

DEPARTMENT OF JUSTICE 

28 CFR Part 16 

[CPCLO Order No. 003–2009] 

Privacy Act of 1974; Implementation 

AGENCY: Criminal Division, Department 

of Justice. 

ACTION: Final rule. 

SUMMARY: The Criminal Division (CRM), 

Department of Justice, issued a 

proposed rule to amend its Privacy Act 

regulations (Title 28 of the Code of 

Federal Regulations, Part 16), to revise 

the exemptions for the following newly 

modified Privacy Act system of records 

entitled ‘‘Organized Crime Drug 

Enforcement Task Force Fusion Center 

and International Organized Crime 

Intelligence and Operations Center 

System,’’ JUSTICE/CRM–028, 74 FR 

26598 (June 3, 2009). The ‘‘Organized 

Crime Drug Enforcement Task Force 

Fusion Center and International 

Organized Crime Intelligence and 

Operations Center System,’’ JUSTICE/ 

CRM–028, is exempt from the 

subsections of the Privacy Act listed 

below for the reasons set forth in the 

following text. Information in this 

system of records relates to matters of 

law enforcement, and the exemptions 

are necessary to avoid interference with 

law enforcement responsibilities and to 

protect the privacy of third parties. 

DATES: Effective Date: August 25, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Rena Y. Kim, Chief FOIA/PA Unit 

Criminal Division, Department of 

Justice, Suite 1127, Keeney Building, 

Washington, DC 20530–0001 on (202) 

616–0370. 

SUPPLEMENTARY INFORMATION: The notice 

of the proposed rule with invitation to 

comment was published on June 3, 

2009, at 74 FR 26598. No comments 

were received. The Department of 

Justice is exempting JUSTICE/CRM–028 

from 5 U.S.C. 552a (c)(3), and (4); (d)(1), 

(2), (3), and (4); (e)(1), (2), (3), (4)(G), 

(H), and (I), (e)(5) and (e)(8); (f) and (g). 

This order relates to individuals 

rather than small business entities. 

Nevertheless, pursuant to the 

requirements of the Regulatory 

Flexibility Act, 5 U.S.C. 601–612, this 

order will not have a significant 

economic impact on a substantial 

number of small entities. 

List of Subjects in 28 CFR Part 16 

Administrative practices and 

procedures, Courts, Freedom of 

Information, Sunshine Act and Privacy. 

■ Pursuant to the authority vested in the 

Attorney General by 5 U.S.C. 552a and 

delegated to me by Attorney General 

Order No. 2940–2008, this rule amends 

28 CFR part 16 as follows: 

PART 16—PRODUCTION OR 

DISCLOSURE OF MATERIAL OR 

INFORMATION 

■ 1. The authority citation for Part 16 

continues to read as follows: 

Authority: 5 U.S.C. 301, 552, 552a, 552b 

(g), and 553; 18 U.S.C. 4203(a)(1); 28 U.S.C. 

509, 510, 534; 31 U.S.C. 3717 and 9701. 

■ 2. Section 16.91 is amended by 

revising paragraphs (u) and (v) to read 

as follows: 

§ 16.91 Exemption of Criminal Division 

Systems—limited access, as indicated. 

* * * * * 

(u) The following system of records is 

exempted pursuant to the provisions of 

5 U.S.C. 552a(j) and/or (k) from 

subsections (c)(3) and (4); (d)(1), (d)(2), 

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

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

and (g) of 5 U.S.C. 552a: Organized 

Crime Drug Enforcement Task Force 

Fusion Center and International 

Organized Crime Intelligence and 

Operations Center System (JUSTICE/ 

CRM–028). These exemptions apply 

only to the extent that information in 

this system is subject to exemption 

pursuant to 5 U.S.C. 552a (j) and/or (k). 

(v) Exemptions from the particular 

subsections are justified for the 

following reasons: 

(1) From subsection (c)(3) because to 

provide the subject with an accounting 

of disclosures of records in this system 

could inform that individual of the 

existence, nature, or scope of an actual 

or potential law enforcement or 

counterintelligence investigation by the 

Organized Crime Drug Enforcement 

Task Force Fusion Center, the 

International Organized Crime 

Intelligence and Operations Center, or 

the recipient agency, and could permit 

that individual to take measures to 

avoid detection or apprehension, to 

learn the identity of witnesses and 

informants, or to destroy evidence, and 

would therefore present a serious 

impediment to law enforcement or 

counterintelligence efforts. In addition, 

disclosure of the accounting would 

amount to notice to the individual of the 

existence of a record. Moreover, release 

of an accounting may reveal information 

that is properly classified pursuant to 

Executive Order and could compromise 

the national defense or foreign policy. 

(2) From subsection (c)(4) because this 

subsection is inapplicable to the extent 

that an exemption is being claimed from 

subsections (d)(1), (2), (3), and (4). 

(3) From subsection (d)(1) because 

disclosure of records in the system 

could alert the subject of an actual or 

potential criminal, civil, or regulatory 

investigation of the existence of that 

investigation, of the nature and scope of 

the information and evidence obtained 

as to his activities, of the identity of 

confidential witnesses and informants, 

of the investigative interest of the 

Organized Crime Drug Enforcement 

Task Force Fusion Center, International 

Organized Crime Intelligence and 

Operations Center, and other 

intelligence or law enforcement 

agencies (including those responsible 

for civil proceedings related to laws 

against drug trafficking or related 

financial crimes or international 

organized crime); lead to the destruction 

of evidence, improper influencing of 

witnesses, fabrication of testimony, and/ 

or flight of the subject; reveal the details 

of a sensitive investigative or 

intelligence technique, or the identity of 

a confidential source; or otherwise 

impede, compromise, or interfere with 

investigative efforts and other related 

law enforcement and/or intelligence 

activities. In addition, disclosure could 

invade the privacy of third parties and/ 

or endanger the life, health, and 

physical safety of law enforcement 

personnel, confidential informants, 

witnesses, and potential crime victims. 

Access to records could also result in 

the release of information properly 

classified pursuant to Executive Order, 

thereby compromising the national 

defense or foreign policy. 

(4) From subsection (d)(2) because 

amendment of the records thought to be 

incorrect, irrelevant, or untimely would 

also interfere with ongoing 

investigations, criminal or civil law 

enforcement proceedings, and other law 

enforcement activities and impose an 

impossible administrative burden by 

requiring investigations, analyses, and 

reports to be continuously 

reinvestigated and revised, as well as 

impact information properly classified 

pursuant to Executive Order. 

(5) From subsections (d)(3) and (4) 

because these subsections are 

inapplicable to the extent exemption is 

claimed from (d)(1) and (2). 

(6) From subsection (e)(1) because, in 

the course of its acquisition, collation, 

and analysis of information under the 

statutory authority granted to them, both 

the Organized Crime Drug Enforcement 

Task Force Fusion Center and 

International Organized Crime 

Intelligence and Operations Center will 

occasionally obtain information, 

including information properly 

classified pursuant to Executive Order, 

that concern actual or potential 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Rules and Regulations 42777 

violations of law that are not strictly 

within its statutory or other authority or 

may compile information in the course 

of an investigation which may not be 

relevant to a specific prosecution. It is 

impossible to determine in advance 

what information collected during an 

investigation will be important or 

crucial to the apprehension of fugitives. 

In the interests of effective law 

enforcement, it is necessary to retain 

such information in this system of 

records because it can aid in 

establishing patterns of criminal activity 

and can provide valuable leads for 

federal and other law enforcement 

agencies. This consideration applies 

equally to information acquired from, or 

collated or analyzed for, both law 

enforcement agencies and agencies of 

the U.S. foreign intelligence community 

and military community. 

(7) From subsection (e)(2) because in 

a criminal, civil, or regulatory 

investigation, prosecution, or 

proceeding, the requirement that 

information be collected to the greatest 

extent practicable from the subject 

individual would present a serious 

impediment to law enforcement because 

the subject of the investigation, 

prosecution, or proceeding would be 

placed on notice as to the existence and 

nature of the investigation, prosecution, 

and proceeding and would therefore be 

able to avoid detection or apprehension, 

to influence witnesses improperly, to 

destroy evidence, or to fabricate 

testimony. Moreover, thorough and 

effective investigation and prosecution 

may require seeking information from a 

number of different sources. 

(8) From subsection (e)(3) (to the 

extent applicable) because the 

requirement that individuals supplying 

information be provided a form stating 

the requirements of subsection (e)(3) 

would constitute a serious impediment 

to law enforcement in that it could 

compromise the existence of a 

confidential investigation or reveal the 

identity of witnesses or confidential 

informants and endanger their lives, 

health, and physical safety. The 

individual could seriously interfere 

with undercover investigative 

techniques and could take appropriate 

steps to evade the investigation or flee 

a specific area. 

(9) From subsections (e)(4)(G), (H) and 

(I) because this system is exempt from 

the access provisions of subsection (d) 

pursuant to subsections (j) and (k) of the 

Privacy Act. 

(10) From subsection (e)(5) because 

the acquisition, collation, and analysis 

of information for law enforcement 

purposes from various agencies does not 

permit a determination in advance or a 

prediction of what information will be 

matched with other information and 

thus whether it is accurate, relevant, 

timely and complete. With the passage 

of time, seemingly irrelevant or 

untimely information may acquire new 

significance as further investigation 

brings new details to light and the 

accuracy of such information can often 

only be determined in a court of law. 

The restrictions imposed by subsection 

(e)(5) would restrict the ability of 

trained investigators, intelligence 

analysts, and government attorneys to 

exercise their judgment in collating and 

analyzing information and would 

impede the development of criminal or 

other intelligence necessary for effective 

law enforcement. 

(11) From subsection (e)(8) because 

the individual notice requirements of 

subsection (e)(8) could present a serious 

impediment to law enforcement by 

revealing investigative techniques, 

procedures, evidence, or interest and 

interfering with the ability to issue 

warrants or subpoenas, and could give 

persons sufficient warning to evade 

investigative efforts. 

(12) From subsections (f) and (g) 

because these subsections are 

inapplicable to the extent that the 

system is exempt from other specific 

subsections of the Privacy Act. 

Dated: August 18, 2009. 

Nancy C. Libin, 

Chief Privacy and Civil Liberties Officer. 

[FR Doc. E9–20364 Filed 8–24–09; 8:45 am] 

BILLING CODE 4410–14–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of the Secretary 

42 CFR Part 3 

RIN 0991–AB53 

Patient Safety and Quality 

Improvement: Civil Money Penalty 

Inflation Adjustment 

AGENCY: Office for Civil Rights, Office of 

the Secretary, HHS. 

ACTION: Direct final rule. 

SUMMARY: The Department of Health and 

Human Services amends the Patient 

Safety and Quality Improvement Rule 

by adjusting for inflation the maximum 

civil money penalty amount for 

violations of the confidentiality 

provisions of the Rule. We are amending 

the penalty amount to comply with the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990. We are using 

direct final rulemaking for this action 

because we expect that there will be no 

significant adverse comment on the 

rule. 

DATES: This rule is effective November 

23, 2009 without further action, unless 

significant adverse comment is received 

by September 24, 2009. If significant 

adverse comment is received, OCR will 

publish a timely withdrawal of the 

document in the Federal Register. 

ADDRESSES: Send comments to one of 

the following addresses. Please do not 

submit duplicate comments. We will 

treat a comment directed to either the 

direct final rule or proposed rule 

(discussed in the SUPPLEMENTARY

INFORMATION section) as being directed 

towards both, therefore there is no need 

to submit comments on both 

documents. 

• Federal eRulemaking Portal: You 

may submit electronic comments at 

http://www.regulations.gov. Follow the 

instructions for submitting electronic 

comments. Attachments should be in 

Microsoft Word, WordPerfect, or Excel; 

however, we prefer Microsoft Word. 

• Regular, Express, or Overnight Mail: 

You may mail written comments (one 

original and two copies) to the following 

address only: U.S. Department of Health 

and Human Services, Office for Civil 

Rights, Attention: PSQIA CMP 

Adjustment (RIN 0991–AB53), Hubert 

H. Humphrey Building, Room 509F, 200 

Independence Avenue, SW., 

Washington, DC 20201. Mailed 

comments may be subject to delivery 

delays due to security procedures. 

Please allow sufficient time for mailed 

comments to be timely received in the 

event of delivery delays. 

• Hand Delivery or Courier: If you 

prefer, you may deliver (by hand or 

courier) your written comments (one 

original and two copies) to the following 

address only: Office for Civil Rights, 

Attention: PSQIA CMP Adjustment (RIN 

0991–AB53), Hubert H. Humphrey 

Building, Room 509F, 200 

Independence Avenue, SW., 

Washington, DC 20201. (Because access 

to the interior of the Hubert H. 

Humphrey Building is not readily 

available to persons without federal 

government identification, commenters 

are encouraged to leave their comments 

in the mail drop slots located in the 

main lobby of the building.) 

Inspection of Public Comments: All 

comments received before the close of 

the comment period will be available for 

public inspection, including any 

personally identifiable or confidential 

business information that is included in 

a comment. We will post all comments 

received before the close of the 


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