45070 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 5 

[Docket No. DHS–2009–0057] 

Privacy Act of 1974: Implementation of 

Exemptions; Department of Homeland 

Security U.S. Customs and Border 

Protection—009 Electronic System for 

Travel Authorization 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. 

Customs and Border Protection system 

of records entitled the ‘‘Department of 

Homeland Security U.S. Customs and 

Border Protection—009 Electronic 

System for Travel Authorization System 

of Records’’ from certain provisions of 

the Privacy Act. Specifically, the 

Department exempts portions of the 

Department of Homeland Security U.S. 

Customs and Border Protection—009 

Electronic System for Travel 

Authorization 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: 

Laurence E. Castelli (202–325–0280), 

Chief, Privacy Act Policy and 

Procedures Branch, U.S. Customs and 

Border Protection, Office of 

International Trade, Regulations & 

Rulings, Mint Annex, 799 Ninth Street, 

NW., Washington, DC 20001–4501. 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 32657, June 10, 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. Customs and 

Border Protection (CBP)—009 Electronic 

System for Travel Authorization system. 

The DHS/CBP—009 Electronic System 

for Travel Authorization system of 

records notice was published 

concurrently in the Federal Register, 73 

FR 32720, June 10, 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. 

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 ‘‘20’’: 

Appendix C to Part 5—DHS Systems of 

Records Exempt From the Privacy Act 

* * * * * 

20. The DHS/CBP—009 Electronic System 

for Travel Authorization system of records 

consists of electronic and paper records and 

will be used by DHS and it’s Components. 

The DHS/CBP—009 Electronic System for 

Travel Authorization 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; and national security and 

intelligence activities. The DHS/CBP—009 

Electronic System for Travel Authorization 

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(c)(3), (e)(8), and (g) pursuant to 

5 U.S.C. 552a(j)(2), and (k)(2). Further, no 

exemption shall be asserted with respect to 

information maintained in the system as it 

relates to data submitted by or on behalf of 

a person who travels to visit the United 

States and crosses the border, nor shall an 

exemption be asserted with respect to the 

resulting determination (approval or denial). 

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 case-by-case basis to be determined at the 

time a request is made, when information in 

this system of records may impede a law 

enforcement or national security 

investigation: 

(a) From subsection (c)(3) (Accounting for 

Disclosure) because making available to a 

record subject the accounting of disclosures 

from records concerning him or her would 

specifically reveal any investigative interest 

in the individual. Revealing this information 

could reasonably be expected to compromise 

ongoing efforts to investigate a violation of 

U.S. law, including investigations of a known 

or suspected terrorist, by notifying the record 

subject that he or she is under investigation. 

This information could also permit the 

record subject to take measures to impede the 

investigation, e.g., destroy evidence, 

intimidate potential witnesses, or flee the 

area to avoid or impede the investigation. 

(b) From subsection (e)(8) (Notice on 

Individuals) because to require individual 

notice of disclosure of information due to 

compulsory legal process would pose an 

impossible administrative burden on DHS 

and other agencies and could alert the 

subjects of counterterrorism or law 

enforcement investigations to the fact of 

those investigations when not previously 

known. 

(c) From subsection (g) (Civil Remedies) to 

the extent that the system is exempt from 

other specific subsections of the Privacy Act. 

Dated: August 20, 2009. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. E9–20744 Filed 8–28–09; 8:45 am] 

BILLING CODE 9110–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 5 

[Docket No. DHS–2009–0059] 

Privacy Act of 1974: Implementation of 

Exemptions; Department of Homeland 

Security U.S. Customs and Border 

Protection—010 Persons Engaged in 

International Trade in Customs and 

Border Protection Licensed/Regulated 

Activities System of Records 

AGENCY: Privacy Office, DHS. 

ACTION: Final rule. 

SUMMARY: The Department of Homeland 

Security is issuing a final rule to amend 


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