42004 Federal Register / Vol. 76, No. 137 / Monday, July 18, 2011 / Rules and Regulations 

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 

‘‘56’’: 

Appendix C to Part 5—DHS Systems of 

Records Exempt From the Privacy Act 

* * * * * 

56. The DHS/TSA–023 Workplace 

Violence Prevention Program System of 

Records consists of electronic and paper 

records and is used by the TSA in the 

administration of its Workplace Violence 

Prevention Program, an internal TSA 

program designed to prevent and respond to 

workplace violence. The DHS/TSA–023 

Workplace Violence Prevention Program 

System of Records is a repository of 

information held by TSA 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/TSA–023 Workplace 

Violence Prevention Program System of 

Records contains information collected by 

TSA, 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 portions of 

this system from the following provisions of 

the Privacy Act, subject to the limitations set 

forth in (c)(3); (d); (e)(1), (e)(4)(G); (e)(4)(H); 

(e)(4)(I); and (f) of the Privacy Act pursuant 

to 5 U.S.C. 552a(k)(2). Exemptions from these 

particular subsections are justified, on a caseby-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 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 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. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2011–17938 Filed 7–15–11; 8:45 am] 

BILLING CODE 9110–05–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 5 

[Docket No. DHS–2011–0050] 

Privacy Act of 1974: Implementation of 

Exemptions; Department of Homeland 

Security Federal Emergency 

Management Agency—011 Training 

and Exercise Program 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 a 

newly established system of records 

titled, ‘‘Department of Homeland 

Security Federal Emergency 

Management Agency—011 Training and 

Exercise Program Records System of 

Records’’ from certain provisions of the 

Privacy Act. Specifically, the 

Department exempts portions of the 

‘‘Department of Homeland Security 

Federal Emergency Management 

Agency—011 Training and Exercise 

Program 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 July 18, 2011. 

FOR FURTHER INFORMATION CONTACT: For 

general questions please contact: 

Dr. Lesia Banks (202–646–3323), Acting 

Privacy Officer, Federal Emergency 

Management Agency, Department of 

Homeland Security, Washington, DC 

20478. 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) Federal Emergency 

Management Agency (FEMA) published 

a notice of proposed rulemaking 

(NPRM) in the Federal Register, 76 FR 

18954, April 6, 2011, 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/FEMA—011 Training and 

Exercise Program Records System of 

Records. The DHS/FEMA—011 Training 

and Exercise Program Records system of 

records notice (SORN) was published 

concurrently in the Federal Register, 

76 FR 19107, April 6, 2011, and 

comments were invited on both the 

NPRM and SORN. 

Public Comments 

DHS did not receive comments on the 

NPRM or SORN. 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: 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 76, No. 137 / Monday, July 18, 2011 / Rules and Regulations 42005 

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.; Public Law 

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 

‘‘55’’: 

Appendix C to Part 5—DHS Systems of 

Records Exempt From the Privacy Act 

* * * * * 

55. The DHS/FEMA–011 Training and 

Exercise Program Records System of Records 

consists of electronic and paper records and 

will be used by FEMA. The DHS/FEMA–011 

Training and Exercise Program Records 

System of Records consists of electronic and 

paper records and will be used by DHS and 

its components and offices to maintain 

records about individual training, including 

enrollment and participation information, 

information pertaining to class schedules, 

programs, and instructors, training trends 

and needs, testing and examination 

materials, and assessments of training 

efficacy. The data will be collected by 

employee name or other unique identifier. 

The collection and maintenance of this 

information will assist DHS in meeting its 

obligation to train its personnel and 

contractors in order to ensure that the agency 

mission can be successfully accomplished. 

The DHS/FEMA–011 General Training and 

Exercise Program Records 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 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)(6) where it states: ‘‘For testing or 

examination material used solely to 

determine individual qualifications for 

appointment or promotion in the Federal 

service the disclosure of which would 

compromise the objectivity or fairness of the 

testing or examination process.’’ 

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 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 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. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2011–17940 Filed 7–15–11; 8:45 am] 

BILLING CODE 9110–17–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 5 

[Docket No. DHS–2011–0056] 

Privacy Act of 1974: Implementation of 

Exemptions; Department of Homeland 

Security Office of Operations 

Coordination and Planning–002 

National Operations Center Tracker 

and Senior Watch Officer Logs 

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 a 

newly established system of records 

titled, ‘‘Department of Homeland 

Security Office of Operations 

Coordination and Planning –002 

National Operations Center Tracker and 

Senior Watch Officer Logs Records 

System of Records’’ from certain 

provisions of the Privacy Act. 

Specifically, the Department exempts 

portions of the 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 July 18, 2011. 

FOR FURTHER INFORMATION CONTACT: For 

general questions please contact: 

Michael Page (202–357–7626), Privacy 

Point of Contact, Office of Operations 

Coordination and Planning, Department 

of Homeland Security, Washington, DC 

20528. 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 Operations 

Coordination and Planning (OPS) 

published a notice of proposed 

rulemaking (NPRM) in the Federal 

Register, March 8, 2011, 76 FR 12745, 

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/OPS–002 National 

Operations Center Tracker and Senior 

Watch Officer Logs Records System of 

Records. The DHS/OPS–002 National 

Operations Center Tracker and Senior 

mstockstill on DSK4VPTVN1PROD with RULES