Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations 45085 

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) and (e)(4)(H) 

(Agency Requirements) because portions of 

this system are exempt from the individual 

access provisions of subsection (d) which 

exempts providing access because it could 

alert a subject to the nature or existence of 

an investigation, and thus there could be no 

procedures for that particular data. 

Procedures do exist for access for those 

portions of the system that are not exempted. 

(e) From subsection (e)(4)(I) (Agency 

Requirements) because providing such 

source information would impede law 

enforcement or intelligence by compromising 

the nature or existence of a confidential 

investigation. 

(f) From subsection (f) (Agency Rules) 

because portions of this system are exempt 

from the access and amendment provisions 

of subsection (d). 

Dated: August 20, 2009. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. E9–20760 Filed 8–28–09; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 5 

[Docket No. DHS–2009–0075] 

Privacy Act of 1974: Implementation of 

Exemptions; Department of Homeland 

Security U.S. Coast Guard—028 Family 

Advocacy Program 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. 

Coast Guard system of records entitled 

the ‘‘Department of Homeland Security 

U.S. Coast Guard—028 Family 

Advocacy Program System of Records’’ 

from certain provisions of the Privacy 

Act. Specifically, the Department 

exempts portions of the Department of 

Homeland Security U.S. Coast Guard— 

028 Family Advocacy Program 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 31, 2009. 

FOR FURTHER INFORMATION CONTACT: For 

general questions please contact: David 

Roberts (202–475–3521), Privacy 

Officer, United States Coast Guard. For 

privacy issues 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 77553, December 19, 

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/U.S. Coast Guard 

(USCG)—028 Family Advocacy Program 

system. The DHS/USCG—028 Family 

Advocacy Program system of records 

notice was published concurrently in 

the Federal Register, 73 FR 77782, 

December 19, 2008. Comments were 

invited on both the notice of proposed 

rulemaking and the 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. 

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: 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 

‘‘33’’: 

Appendix C to Part 5—DHS Systems of 

Records Exempt From the Privacy Act 

* * * * * 

33. The DHS/USCG—028 Family Advocacy 

Case Records system of records consists of 

electronic and paper records and will be used 

by DHS and its components. The DHS/ 

USCG—028 Family Advocacy Case 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/USCG— 

028 Family Advocacy Case 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), 

(d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), 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) (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. 


PWALKER on DSK8KYBLC1PROD with RULES5
45086 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations 

(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), (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. 

Dated: August 20, 2009. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. E9–20759 Filed 8–28–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 5 

[Docket No. DHS–2009–0076] 

Privacy Act of 1974: Implementation of 

Exemptions; Department of Homeland 

Security; U.S. Coast Guard—029 

Notice of Arrival and Departure System 

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. 

Coast Guard system of records entitled 

the ‘‘Department of Homeland Security 

U.S. Coast Guard—029 Notice of Arrival 

and Departure System of Records’’ from 

certain provisions of the Privacy Act. 

Specifically, the Department exempts 

portions of the Department of Homeland 

Security U.S. Coast Guard—029 Notice 

of Arrival and Departure 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 September 30, 2009. 

FOR FURTHER INFORMATION CONTACT: For 

general questions please contact: David 

Roberts (202–475–3521), Privacy 

Officer, United States Coast Guard. For 

privacy issues 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 75373, December 11, 

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/U.S. Coast Guard 

(USCG)—029 Notice of Arrival and 

Departure system. The DHS/USCG—029 

Notice of Arrival and Departure system 

of records notice was published 

concurrently in the Federal Register, 73 

FR 75442, December 11, 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 

Privacy, Freedom of information. 

■ For the reasons stated in the preamble, 

DHS amends 6 CFR chapter I 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. At the end of Appendix C to Part 

5, add the following new paragraph 

‘‘34’’: 

Appendix C to Part 5—DHS Systems of 

Records Exempt From the Privacy Act. 

* * * * * 

34. The DHS/USCG—029 Notice of Arrival 

and Departure system consists of electronic 

and paper records and will be used by DHS 

and its components. The DHS/USCG—029 

Notice of Arrival and Departure 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. The DHS/USCG— 

029 Notice of Arrival and Departure 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, as well as private corporate or other 

entities. 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)(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 the 

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)(2). However, 

these exemptions apply only to the extent 

that information in this system of records is 

recompiled or is created from information 

contained in other systems of records. After 

conferring with the appropriate component 

or agency, DHS may waive applicable 

exemptions in appropriate circumstances and 

where it would not appear to interfere with 

or adversely affect the law enforcement 

purposes of the systems from which the 

information is recompiled or in which it is 

contained. Exemptions from the above 

particular subsections are justified, on a caseby-case basis to be determined at the time a 

request is made, when information in this 

system of records is recompiled or is created 

from information contained in other systems 

of records subject to exemptions 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 


PWALKER on DSK8KYBLC1PROD with RULES5