This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

39315 

Vol. 76, No. 129 

Wednesday, July 6, 2011 

DEPARTMENT OF THE TREASURY 

5 CFR Chapter XXI 

12 CFR Chapters I, V, XV, and XVIII 

17 CFR Chapter IV 

19 CFR Chapter I 

26 CFR Chapter I 

27 CFR Chapter I 

31 CFR Subtitle A and Chapters I, II, IV 

Through VIII, IX, and X 

48 CFR Chapter 10 

Preliminary Plan for Retrospective 

Analysis of Existing Rules; Notice of 

Availability 

AGENCY: Department of the Treasury. 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: The Department of the 

Treasury announces the availability of 

its Preliminary Plan for Retrospective 

Analysis of Existing Rules and invites 

interested members of the public to 

submit comments on the plan. Issued 

pursuant to Executive Order 13563, 

‘‘Improving Regulation and Regulatory 

Review,’’ Treasury developed its 

preliminary plan to facilitate the review 

of existing regulations through the use 

of retrospective review. 

DATES: Comment due date: July 25, 

2011. 

ADDRESSES: Interested persons are 

invited to submit comments on all 

aspects of the preliminary plan. You 

may submit comments, identified by 

docket number TREAS–DO–2011–0003 

through the Federal eRulemaking Portal: 

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

instructions for submitting comments. 

Electronic Submission of Comments. 

Interested persons must submit 

comments electronically through the 

Federal eRulemaking Portal at http:// 

www.regulations.gov. Electronic 

submission of comments allows the 

commenter maximum time to prepare 

and submit a comment, ensures timely 

receipt, and enables the Department to 

make them available to the public. 

Comments submitted electronically 

through the http://www.regulations.gov 

Web site can be viewed by other 

commenters and interested members of 

the public. 

Public Inspection of Comments. 

Properly submitted comments will be 

available for inspection and 

downloading at http:// 

www.regulations.gov. 

Additional Instructions. In general, 

comments received, including 

attachments and other supporting 

materials, are part of the public record 

and are immediately available to the 

public. Do not include any information 

in your comment or supporting 

materials that you consider confidential 

or inappropriate for public disclosure. 

FOR FURTHER INFORMATION CONTACT: 

Office of the Assistant General Counsel 

for General Law, Ethics, and Regulation 

at guidance@treasury.gov. 

SUPPLEMENTARY INFORMATION: On 

January 18, 2011, the President issued 

Executive Order 13563, ‘‘Improving 

Regulation and Regulatory Review,’’ to 

ensure that federal regulations seek less 

burdensome means to achieve policy 

goals and that agencies give careful 

consideration to the benefits and costs 

of those regulations. The Executive 

Order requires each agency to develop 

a preliminary plan to periodically 

review its existing significant 

regulations to determine whether any 

regulations should be modified, 

streamlined, expanded, or repealed so 

as to make the agency’s regulatory 

program more effective or less 

burdensome in achieving its regulatory 

objectives. 

On March 30, 2011 (76 FR 17572), the 

Department published a notice and 

request for comment in the Federal 

Register that invited input from the 

public in developing Treasury’s 

preliminary plan and eleven comments 

were received. On June 1, 2011, the 

Department posted the preliminary plan 

on its Open Government Web site, 

http://www.treasury.gov/open and on 

http://www.regulations.gov, and is 

requesting public comments on the 

plan. Comments may be submitted on or 

before July 15, 2011. 

Dated: June 28, 2011. 

George W. Madison, 

General Counsel. 

[FR Doc. 2011–16865 Filed 7–5–11; 8:45 am] 

BILLING CODE 4810–25–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 5 

[Docket No. DHS–2011–0060] 

Privacy Act of 1974: Implementation of 

Exemptions; Department of Homeland 

Security/ALL—030 Use of the Terrorist 

Screening Database System of 

Records 

AGENCY: Privacy Office, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Department of Homeland 

Security is giving concurrent notice of a 

newly established system of records 

pursuant to the Privacy Act of 1974 for 

the ‘‘Department of Homeland Security/ 

ALL—030 Use of the Terrorist Screening 

Database System of Records’’ and this 

proposed rulemaking. In this proposed 

rulemaking, the Department proposes 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. 

DATES: Comments must be received on 

or before August 5, 2011. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2011–0060, by one of the following 

methods: 

• Federal e-Rulemaking Portal: 

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

instructions for submitting comments. 

• Fax: 703–483–2999. 

• Mail: Mary Ellen Callahan, Chief 

Privacy Officer, Privacy Office, 

Department of Homeland Security, 

Washington, DC 20528. 

• Instructions: All submissions 

received must include the agency name 

and docket number for this rulemaking. 

All comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. 

• Docket: For access to the docket to 

read background documents or 


jlentini on DSK4TPTVN1PROD with PROPOSALS
39316 Federal Register / Vol. 76, No. 129 / Wednesday, July 6, 2011 / Proposed Rules 

comments received go to http:// 

www.regulations.gov. 

Instructions: All submissions received 

must include the agency name and 

docket number for this notice. All 

comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

general questions and privacy issues 

please contact: Mary Ellen Callahan 

(703–235–0780), Chief Privacy Officer, 

Privacy Office, Department of Homeland 

Security, Washington, DC 20528. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In accordance with the Privacy Act of 

1974, 5 U.S.C. 552a, the Department of 

Homeland Security (DHS) proposes to 

establish a new system of records titled, 

‘‘DHS/ALL—030 Use of the Terrorist 

Screening Database (TSDB) System of 

Records.’’ DHS is maintaining a mirror 

copy of the Department of Justice (DOJ)/ 

Federal Bureau of Investigation (FBI)— 

019 Terrorist Screening Records System 

of Records (August 22, 2007, 72 FR 

47073) in order to automate and 

simplify the current method for 

transmitting the TSDB to DHS and its 

components. 

Homeland Security Presidential 

Directive 6 (HSPD–6), issued in 

September 2003, called for the 

establishment and use of a single 

consolidated watchlist to improve the 

identification, screening, and tracking of 

known or suspected terrorists and their 

supporters. The FBI/TSC maintains and 

distributes the TSDB as the U.S. 

government’s consolidated terrorist 

watchlist. DHS and the FBI/TSC, 

working together, have developed the 

DHS Watchlist Service (WLS) in order 

to automate and simplify the current 

method for transmitting TSDB records 

from the FBI/TSC to DHS and its 

components. 

The WLS will allow the FBI/TSC and 

DHS to move away from a manual and 

cumbersome process of data 

transmission and management to an 

automated and centralized process. The 

WLS will replace multiple data feeds 

from the FBI/TSC to DHS and its 

components, as documented by 

information sharing agreements, with a 

single feed from the FBI/TSC to DHS 

and its components. The WLS is a 

system to system secure connection 

with no direct user interface. 

DHS and its components are 

authorized to access TSDB records via 

the WLS pursuant to the terms of 

information sharing agreements with 

FBI/TSC. DHS is publishing this SORN 

and has published privacy impact 

assessments to provide additional 

transparency into how DHS has 

implemented WLS. DHS will review 

and update this SORN no less then 

biennially as new DHS systems come 

online with the WLS and are approved 

consistent with the terms of agreements 

with FBI/TSC. There are five DHS 

systems that currently receive TSDB 

data directly from the FBI/TSC and will 

use the WLS. These systems have 

existing SORNs that cover the use of the 

TSDB: 

(1) Transportation Security 

Administration (TSA), Office of 

Transportation Threat Assessment and 

Credentialing: DHS/TSA—002 

Transportation Security Threat 

Assessment System (May 19, 2010, 75 

FR 28046); 

(2) TSA, Secure Flight Program: DHS/ 

TSA—019 Secure Flight Records System 

(November 9, 2007, 72 FR 63711); 

(3) U.S. Customs and Border 

Protection (CBP), Passenger Systems 

Program Office for inclusion in TECS: 

DHS/CBP—011 TECS System 

(December 19, 2008 73 FR 77778); 

(4) U.S. Visitor and Immigration 

Status Indicator Technology (US-VISIT) 

Program for inclusion into the DHS 

Enterprise Biometrics Service (IDENT): 

DHS/USVISIT—0012 DHS Automated 

Biometric Identification System (June 5, 

2007, 72 FR 31080); and 

In addition, two DHS components 

will receive TSDB data via the WLS in 

the form of a computer readable extract. 

The components’ use of the TSDB data 

is covered by existing SORNs: 

(1) Office of Intelligence and Analysis 

(I&A): DHS/IA–001 Enterprise Records 

System, (May 15, 2008 73 FR 28128), 

and 

(2) U.S. Immigration and Customs 

Enforcement (ICE): DHS/ICE–009 

External Investigations, (January 5, 2010 

75 FR 404). 

Information stored in the WLS will be 

shared back with the FBI/TSC in order 

to ensure that DHS and the FBI/TSC can 

reconcile any differences in the database 

and ensure DHS has the most up-to-date 

and accurate version of TSDB records. 

All other sharing will be conducted 

pursuant to the programmatic system of 

records notices and privacy impact 

assessments discussed in this SORN. 

DHS is planning future enhancements 

to the WLS that will provide for a 

central mechanism to receive 

information from DHS components 

when they encounter a potential match 

to the TSDB and send this information 

to the FBI/TSC. DHS will update this 

SORN to reflect such enhancements to 

the WLS, as part of its biennial reviews 

of this SORN once that capability is 

implemented. 

DHS is publishing this SORN to cover 

the Department’s use of the TSDB in 

order to provider greater transparency to 

the process. 

Concurrent with the publication of 

this SORN, DHS is issuing a Notice of 

Proposed Rulemaking to exempt this 

system from specific sections of the 

Privacy Act. 

II. Privacy Act 

The Privacy Act embodies fair 

information practice principles in a 

statutory framework governing the 

means by which the U.S. Government 

collects, maintains, uses, and 

disseminates personally identifiable 

information. The Privacy Act applies to 

information that is maintained in a 

‘‘system of records.’’ A ‘‘system of 

records’’ is a group of any records under 

the control of an agency from which 

information is retrieved by the name of 

the individual or by some identifying 

number, symbol, or other identifying 

particular assigned to the individual. In 

the Privacy Act, an individual is defined 

to encompass U.S. citizens and lawful 

permanent residents. As a matter of 

policy, DHS extends administrative 

Privacy Act protections to all 

individuals where systems of records 

maintain information on U.S. citizens, 

lawful permanent residents, and 

visitors. 

The Privacy Act allows government 

agencies to exempt certain records from 

the access and amendment provisions. If 

an agency claims an exemption, 

however, it must issue a Notice of 

Proposed Rulemaking to make clear to 

the public the reasons why a particular 

exemption is claimed. 

DHS is claiming exemptions from 

certain requirements of the Privacy Act 

for DHS/ALL—030 Use of the Terrorist 

Screening Database System of Records. 

Some information in DHS/ALL—030 

Use of the Terrorist Screening Database 

System of Records relates to official 

DHS national security and law 

enforcement activities. These 

exemptions are needed to protect 

information relating to DHS activities 

from disclosure to subjects or others 

related to these activities. Specifically, 

the exemptions are required to preclude 

subjects of these activities from 

frustrating these processes. Disclosure of 

information to the subject of the inquiry 

could also permit the subject to avoid 

detection or apprehension. In addition, 

as a recipient of a mirror copy of the 


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Federal Register / Vol. 76, No. 129 / Wednesday, July 6, 2011 / Proposed Rules 39317 

TSDB, which is maintained by the FBI/ 

TSC, DHS is carrying forward the 

exemptions taken by the DOJ/FBI—019 

Terrorist Screening Records System of 

Records (August 22, 2007, 72 FR 47073) 

in order to prevent these records from 

improper disclosure. The exemptions 

proposed here are standard law 

enforcement and national security 

exemptions exercised by a large number 

of federal law enforcement and 

intelligence agencies. In appropriate 

circumstances, where compliance 

would not appear to interfere with or 

adversely affect the law enforcement 

purposes of this system and the overall 

law enforcement process, the applicable 

exemptions may be waived on a case by 

case basis. 

A notice of system of records for DHS/ 

ALL—030 Use of Terrorist Screening 

Database System of Records is also 

published in this issue of the Federal 

Register. 

List of Subjects in 6 CFR Part 5 

Freedom of information; Privacy. 

For the reasons stated in the 

preamble, DHS proposes to amend 

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. At the end of Appendix C to Part 

5, add paragraph 55 to read as follows: 

Appendix C to Part 5—DHS Systems of 

Records Exempt From the Privacy Act 

* * * * * 

55. The DHS/ALL—030 Use of Terrorist 

Screening Database System of Records 

consists of electronic and paper records and 

will be used by DHS and its components. The 

DHS/ALL—030 Use of Terrorist Screening 

Database System of 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; 

national security and intelligence activities; 

and protection of the President of the U.S. or 

other individuals pursuant to Section 3056 

and 3056A of Title 18. The DHS/ALL—030 

Use of Terrorist Screening Database System 

of 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) and (c)(4); (d); (e)(1), (e)(2), 

(e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), 

(e)(8), (e)(12); (f); (g)(1); and (h) 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 

limitation 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)(1) and (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) 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 that 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. 

(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 that 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 unreasonable administrative 

burden by requiring investigations to be 

continually 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 the 

investigation, thereby interfering with that 

investigation and related law enforcement 

activities. 

(e) From subsection (e)(3) (Notice to 

Subjects) because providing such detailed 

information could impede law enforcement 

by compromising the existence of a 

confidential investigation or reveal the 

identity of witnesses or confidential 

informants. 

(f) 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. 

(g) From subsection (e)(5) (Collection of 

Information) because with 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 subsection (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’s 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 (e)(12) (Computer 

Matching) if the agency is a recipient agency 

or a source agency in a matching program 

with a non-Federal agency, with respect to 

any establishment or revision of a matching 

program, at least 30 days prior to conducting 

such program, publish in the Federal Register 

notice of such establishment or revision. 

(j) From subsection (g)(1) (Civil Remedies) 

to the extent that the system is exempt from 

other specific subsections of the Privacy Act. 

(k) From subsection (h) (Legal Guardians) 

the parent of any minor, or the legal guardian 

of any individual who has been declared to 

be incompetent due to physical or mental 

incapacity or age by a court of competent 

jurisdiction, may act on behalf of the 

individual. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2011–16806 Filed 7–5–11; 8:45 am] 

BILLING CODE P 


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