This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

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Rules and Regulations Federal Register

67909 

Vol. 75, No. 213 

Thursday, November 4, 2010 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 5 

[Docket No. DHS–2010–0082] 

Privacy Act of 1974: Implementation of 

Exemptions; Department of Homeland 

Security Office of the Inspector 

General–002 Investigative Records 

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 an 

updated and reissued system of records 

titled, ‘‘Department of Homeland 

Security Office of the Inspector 

General—002 Investigative Records 

System of Records’’ 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 November 4, 2010. 

FOR FURTHER INFORMATION CONTACT: For 

general questions please contact: 

Melinda D. Holliday McDonald, Esq. 

(202–254–4284), Privacy Officer, Office 

of the Inspector General, Mail Stop 

2600, 245 Murray Drive, SW., Building 

410, Washington, DC 20528; or by 

facsimile (202) 254–4299. For privacy 

issues please contact: Mary Ellen 

Callahan (703–235–0780), Chief Privacy 

Officer, Privacy Office, Department of 

Homeland Security, Washington, DC 

20528. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department of Homeland 

Security (DHS) Office of Inspector 

General (OIG) published a notice of 

proposed rulemaking in the Federal 

Register, 74 FR 55482, October 28, 2009, 

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/OIG–002 

Investigative Records System of 

Records. The DHS/OIG–002 

Investigative Records System of Records 

notice was published concurrently in 

the Federal Register, 74 FR 55569, 

October 28, 2009, and comments were 

invited on both the Notice of Proposed 

Rulemaking (NPRM) and System of 

Records Notice (SORN). 

Public Comments 

DHS received one comment on the 

NPRM and no comments on the SORN. 

NPRM 

The one comment received on the 

NPRM noted the inability to correct 

personal information contained within 

the DHS/OIG–002 Investigative Records 

System of Records and the inability to 

obtain legal and/or civil remedy to 

dispute incorrect information contained 

within the system of records. The 

commenter acknowledged that the 

overall exemptions DHS seeks from the 

Privacy Act are necessary and consistent 

with common exemptions sought by law 

enforcement agencies nationally. 

However, the commenter expressed 

concern with the exemptions in 

subsection (e)(5) of the Privacy Act 

(Collection of Information), coupled 

with exemption in subsection (g). The 

commenter stated that information 

contained in a file that is inaccurate 

should not be in that file when the 

effects could damage that individual. 

The commenter stated that on a case-bycase basis there must be an opportunity 

to remedy incomplete and irrelevant 

information to make that person’s 

character whole. 

DHS/OIG believes that there is a need 

for the exemptions provided for in this 

document. However, DHS/OIG 

recognizes that there may be instances 

where such exemptions can be waived 

as stated in the NPRM and implemented 

in the Final Rule. In appropriate 

circumstances, where compliance 

would not appear to interfere with, or 

adversely affect, the law enforcement 

and national security purposes of the 

system and the overall law enforcement 

and security process, the applicable 

exemptions may be waived. 

In the case of access requests from the 

DHS/OIG–002 Investigative Records 

System of Records, each access request 

will be evaluated on a case-by-case basis 

and if no harm to law enforcement 

interests or national security would 

ensue from disclosure, the exemption 

may be waived and the records (or 

portions of the records) may be 

disclosed. 

In the case of amendment requests 

from the DHS/OIG–002 Investigative 

Records System of Records, such 

requests would impose an impossible 

administrative burden by requiring 

investigations to be continuously 

reinvestigated and could disclose 

security-sensitive information that 

could be detrimental to homeland 

security; therefore, the exemption from 

amendment requests is necessary. 

SORN 

No SORN comments were received. 

After consideration of public 

comments, the Department 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. In Appendix C to Part 5, revise 

paragraph ‘‘5’’ to read as follows: 

Appendix C to Part 5—DHS Systems of 

Records Exempt From the Privacy Act 

* * * * * 

5. The DHS/OIG–002 Investigative Records 

System of Records consists of electronic and 

paper records used by the DHS OIG. The 

DHS/OIG–002 Investigative Records 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; and national 

security and intelligence activities. The DHS/ 

OIG–002 Investigative Records System of 

Records contains information that is 

collected by, on behalf of, in support of, or 

in cooperation with DHS components and 

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67910 Federal Register / Vol. 75, No. 213 / Thursday, November 4, 2010 / Rules and Regulations 

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 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)(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 limitations set forth in 5 U.S.C. 

552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H); and 

(f) pursuant to 5 U.S.C. 552a(k)(1), (k)(2) and 

(k)(5). 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 (c)(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 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, tamper 

with witnesses or evidence, and 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, tamper with 

witnesses or evidence, and 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 subsection (e)(2) (Collection of 

Information from Individuals) because 

requiring that information be collected from 

the subject of an investigation would alert the 

subject as to the nature or existence of an 

investigation, thereby interfering with the 

related investigation and law enforcement 

activities. 

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

Subjects) because providing such detailed 

information would impede law enforcement 

in that it could compromise investigations 

by: revealing the existence of an otherwise 

confidential investigation and thereby 

providing an opportunity for the subject of an 

investigation to conceal evidence, alter 

patterns of behavior, or take other actions 

that could thwart investigative efforts; 

revealing the identity of witnesses in 

investigations thereby providing an 

opportunity for the subjects of the 

investigations or others to harass, intimidate, 

or otherwise interfere with the collection of 

evidence or other information from such 

witnesses; or revealing the identity of 

confidential informants, which would 

negatively affect the informants’ usefulness 

in any ongoing or future investigations and 

discourage members of the public from 

cooperating as confidential informants in any 

future investigations. 

(f) From subsections (e)(4)(G) and (e)(4)(H) 

(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 

rules or procedures with respect to such 

access. Providing notice to individuals with 

respect to existence of records pertaining to 

them in this 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, potential 

witnesses, and confidential informants. 

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

Information) because in 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 (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’ 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 (g) (Civil Remedies) to 

the extent that the system is exempt from 

other specific subsections of the Privacy Act 

relating to individuals’ rights to access and 

amend their records contained in the system. 

Therefore, DHS is not required to establish 

rules or procedures pursuant to which 

individuals may seek a civil remedy for the 

agency’s refusals to amend a record; refusal 

to comply with a request for access to 

records; failure to maintain accurate, 

relevant, timely, and complete records; or 

failure to otherwise comply with an 

individual’s right to access or amend records. 

* * * * * 

Dated: October 6, 2010. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2010–27830 Filed 11–3–10; 8:45 am] 

BILLING CODE 9110–9B–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0817; Airspace 

Docket No. 10–ASO–31] 

Amendment of Class E Airspace; 

Charleston, SC 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class E 

Airspace at Charleston, SC, by removing 

the East Cooper Airport from the 

airspace description. The East Cooper 

Airport has been renamed Mt. Pleasant 

Regional Airport-Faison Field, Mt. 

Pleasant, SC, and established under 

separate rulemaking. This amendment is 

necessary for the safe navigation of our 

National Airspace System. 

DATES: Effective 0901 UTC, December 6, 

2010. The Director of the Federal 

Register approves this incorporation by 

reference action under title 1, Code of 

Federal Regulations, part 51, subject to 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. 

FOR FURTHER INFORMATION CONTACT: 

Melinda Giddens, Operations Support 

Group, Eastern Service Center, Federal 

Aviation Administration, P.O. Box 

20636, Atlanta, Georgia 30320; 

telephone (404) 305–5610. 

SUPPLEMENTARY INFORMATION: 

History 

The airspace description for 

Charleston, SC, is a combination of the 

Charleston AFB/International Airport, 

the Charleston Executive Airport, and 

the East Cooper Airport. The East 

Cooper Airport has been renamed Mt. 

Pleasant Regional Airport-Faison Field, 

Mt. Pleasant, SC, and separate 

rulemaking has been established for the 

airport (75 FR 16335). To eliminate 

confusion, all references to the East 

Cooper Airport is being removed from 

the legal description of Class E airspace, 

Charleston, SC. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

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