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

67931 

Vol. 70, No. 216 

Wednesday, November 9, 2005 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of Inspector General 

6 CFR Part 5 

[DHS–2005–0065] 

Privacy Act of 1974: Implementation of 

Exemptions 

AGENCY: Office of Investigations, Office 

of Inspector General, Department of 

Homeland Security. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Department of Homeland 

Security is giving notice of a revised and 

updated system of records pursuant to 

the Privacy Act of 1974 for the Office of 

Inspector General, Office of 

Investigations. In this proposed 

rulemaking, the Department proposes to 

exempt portions of this 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 December 9, 2005. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2005–0065, by one of the following 

methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Fax: (202) 254–4285 (This is not a 

toll-free number). 

Mail: Richard N. Reback, DHS, Office 

of Inspector General/STOP 2600, 245 

Murray Drive, SW., Building 410, 

Washington, DC 20528. 

Hand Delivery / Courier: Richard N. 

Reback, DHS, Office of Inspector 

General/STOP 2600, 245 Murray Drive, 

SW., Building 410, Washington, DC 

20528. 

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: 

Richard N. Reback, Department of 

Homeland Security, Office of Inspector 

General/STOP 2600, 245 Murray Drive, 

SW., Building 410, Washington, DC 

20528 by telephone (202) 254–4100 or 

facsimile (202) 254–4285; Maureen 

Cooney, Acting Chief Privacy Officer, 

Department of Homeland Security, 601 

South 12th Street, Arlington, VA 22202– 

4220 by telephone (571) 227–3813 or 

facsimile (571) 227–4171. 

SUPPLEMENTARY INFORMATION: 

Background 

On October 6, 2005, the Department 

of Homeland Security (DHS) updated 

and republished under the Privacy Act 

of 1974, 5 U.S.C. 552a, a system of 

records within Office of Inspector 

General (OIG), United States 

Department of Homeland Security 

(DHS) Headquarters for its investigative 

files. (See 70 FR 58448.) Pursuant to the 

savings clause in the Homeland Security 

Act of 2002, Public Law 107–296, sec. 

1512, 116 Stat. 2310 (Nov. 25, 2002) (6 

U.S.C. 552), DHS components and 

offices could continue to rely on 

completed administrative actions after 

creation of the Department until those 

actions were amended, modified, 

superseded, terminated, set aside, or 

revoked. Two system notices previously 

supported the collection of investigation 

information by the DHS OIG—FEMA/ 

IG–1 (General Investigative Files) and 

Treasury/DO .190 (Investigation Data 

Management System). In its Federal 

Register notice of October 6, 2005, the 

DHS OIG updated and republished 

under its own nomenclature, the system 

notice to cover these records. The 

system is the DHS OIG ‘‘Investigations 

Data Management System’’ (IDMS). In 

this notice of proposed rulemaking, 

DHS now is proposing to exempt this 

system, in part, from certain provisions 

of the Privacy Act and to add that 

exemption to its proposed Appendix C 

to Part 5, DHS Systems of Records 

Exempt from the Privacy Act. 

The Privacy Act embodies fair 

information principles in a statutory 

framework governing the means by 

which the United States 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. 

Individuals may request their own 

records that are maintained in a system 

of records in the possession or under the 

control of DHS by complying with DHS 

Privacy Act regulations, 6 CFR part 5. 

The Privacy Act requires each agency 

to publish in the Federal Register a 

description of the type and character of 

each system of records that the agency 

maintains, and the routine uses that are 

contained in each system in order to 

make agency record keeping practices 

transparent, to notify individuals 

regarding the uses to which personally 

identifiable information is put, and to 

assist individuals in finding such files 

within the agency. 

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 OIG is claiming exemption from 

certain requirements of the Privacy Act 

for IDMS. Information in this system 

relates to official OIG investigations and 

law enforcement activities. These 

exemptions are needed to protect 

information relating to OIG 

investigations from disclosure to 

subjects of investigations and others 

who could interfere with OIG’s law 

enforcement activities. Specifically, the 

exemptions are required to preclude 

subjects of investigations from 

frustrating the investigative process; to 

avoid disclosure of investigative 

techniques; protect the identities and 

physical safety of confidential 

informants and of law enforcement 

personnel; ensure OIG’s ability to obtain 

information from third parties and other 

sources; protect the privacy of third 

parties; and safeguard classified 

information. Disclosure of information 

to the subject of the inquiry could also 

permit the subject to avoid detection or 

apprehension. 

67932 Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Proposed Rules 

In addition, because OIG 

investigations arise out of DHS 

programs and activities, information in 

this records system may pertain to 

national security and related law 

enforcement matters. In such cases, 

allowing access to such information 

could alert subjects of OIG 

investigations into actual or potential 

criminal, civil, or regulatory violations, 

and could reveal in an untimely 

manner, OIG’s and other agencies’

investigative interests in law 

enforcement efforts to preserve national 

security. 

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. 

List of Subjects in 6 CFR Part 5 

Privacy, Freedom of information. 

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: Pub. L. 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, which was proposed to be added at 

70 FR 14428, March 22, 2005, add the 

following new paragraph ‘‘2’’ to read as 

follows: 

Appendix C to Part 5—DHS Systems 

of Records Exempt From the Privacy Act 

* * * * * 

2. DHS–OIG–2005–002, the Office of 

Inspector General Investigations Data 

Management System (IDMS) consists of 

records and information collected and 

maintained to receive and process 

allegations of violations of criminal, 

civil, and administrative laws and 

regulations relating to DHS programs, 

operations, and employees, as well as 

contractors and other individuals and 

entities associated with the DHS. The 

system allows the DHS Office of 

Inspector General to monitor case 

assignments, disposition, status, and 

results; manage investigations and 

information provided during the course 

of such investigations; track actions 

taken by management regarding 

misconduct; track legal actions taken 

following referrals to the United States 

Department of Justice for prosecution or 

litigation; provide information relating 

to any adverse action or other 

proceeding that may occur as a result of 

the findings of an investigation; retrieve 

investigation results; provide a system 

for creating and reporting statistical 

information; and to provide a system to 

track Office of Inspector General 

investigators’ firearms qualification 

records and property records. Pursuant 

to exemptions 5 U.S.C. 552a(j)(2) of the 

Privacy Act, portions of this system are 

exempt from 5 U.S.C. 552a(c)(3) and (4); 

(d); (e)(1), (e)(2), (e)(3), (e)(4)(G), 

(e)(4)(H), (e)(5) and (e)(8); (f)(2) through 

(5); and (g). Pursuant to 5 U.S.C. 552a 

(k)(1), (k)(2) and (k)(5), this system is 

exempt from the following provisions of 

the Privacy Act, subject to the 

limitations set forth in those 

subsections: 5 U.S.C. 552a (c)(3), (d), 

(e)(1), (e)(4)(G), (e)(4)(H), and (f). 

Exemptions from these particular 

subsections are justified, on a case-bycase 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, 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 the existence of a 

confidential investigation or reveal the 

identity of witnesses or confidential 

informants. 

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

(Agency Requirements), (f) (Agency 

Rules), and (g) (Civil Remedies) because 

portions of this system are exempt from 

the individual access provisions of 

subsection (d). 

(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 

OIG special 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 OIG’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 (g) to the extent 

that the system is exempt from other 

specific subsections of the Privacy Act. 

Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Proposed Rules 67933 

Dated: October 28, 2005. 

Maureen Cooney, 

Acting Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 05–21952 Filed 11–8–05; 8:45 am] 

BILLING CODE 4410–10–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Part 93 

[Docket No. 05–041–1] 

Importation of Cattle From Mexico 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Proposed rule. 

SUMMARY: We are proposing to amend 

the regulations regarding the 

importation of cattle from Mexico by 

adding San Luis, AZ, as a port through 

which cattle that have been infested 

with fever ticks or exposed to fever ticks 

or tick-borne diseases may be imported 

into the United States. A new facility for 

the handling of animals is to be 

constructed on the Mexican side of the 

border at the port of San Luis, AZ, that 

will be equipped with facilities 

necessary for the proper chute 

inspection, dipping, and testing that are 

required for such cattle under the 

regulations. We would also amend the 

regulations to remove provisions that 

limit the admission of cattle that have 

been infested with fever ticks or 

exposed to fever ticks or tick-borne 

diseases to the State of Texas and that 

prohibit the movement of such cattle 

into areas of Texas quarantined because 

of fever ticks. The statutory requirement 

that limited the admission of those 

cattle to the State of Texas has been 

repealed, and we believe that the 

current provisions of our domestic fever 

tick quarantine regulations will 

effectively address any risk of the 

spread of tick-borne diseases associated 

with the subsequent movement of 

imported cattle from the quarantined 

area of Texas. These proposed changes 

would make an additional port of entry 

available and relieve restrictions on the 

movement of imported Mexican cattle 

within the United States. 

DATES: We will consider all comments 

that we receive on or before January 9, 

2006. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and, in the 

‘‘Search for Open Regulations’’ box, 

select ‘‘Animal and Plant Health 

Inspection Service’’ from the agency 

drop-down menu, then click on 

‘‘Submit.’’ In the Docket ID column, 

select APHIS–2005–0101 to submit or 

view public comments and to view 

supporting and related materials 

available electronically. After the close 

of the comment period, the docket can 

be viewed using the ‘‘Advanced Search’’

function in Regulations.gov. 

• Postal Mail/Commercial Delivery: 

Please send four copies of your 

comment (an original and three copies) 

to Docket No. 05–041–1, Regulatory 

Analysis and Development, PPD, 

APHIS, Station 3C71, 4700 River Road 

Unit 118, Riverdale, MD 20737–1238. 

Please state that your comment refers to 

Docket No. 05–041–1. 

Reading Room: You may read any 

comments that we receive on this 

docket in our reading room. The reading 

room is located in room 1141 of the 

USDA South Building, 14th Street and 

Independence Avenue SW., 

Washington, DC. Normal reading room 

hours are 8 a.m. to 4:30 p.m., Monday 

through Friday, except holidays. To be 

sure someone is there to help you, 

please call (202) 690–2817 before 

coming. 

Other Information: Additional 

information about APHIS and its 

programs is available on the Internet at 

http://www.aphis.usda.gov. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Arnaldo Vaquer, Senior Staff 

Veterinarian, National Center for Import 

and Export, Technical Trade Services 

Team, VS, APHIS, 4700 River Road Unit 

43, Riverdale, MD 20737–1231; (301) 

734–8364. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations in 9 CFR part 93 

prohibit or restrict the importation of 

certain animals, birds, and poultry into 

the United States to prevent the 

introduction of communicable diseases 

of livestock and poultry. Subpart D of 

part 93 (§§ 93.400 through 93.435, 

referred to below as the regulations) 

governs the importation of ruminants; 

within subpart D, §§ 93.424 through 

94.429 specifically address the 

importation of various ruminants from 

Mexico into the United States. 

In § 93.426, paragraph (a) states that 

all ruminants offered for entry into the 

United States from Mexico must be 

inspected at the port of entry and found 

to be free from communicable diseases 

and fever tick infestation and to not 

have been exposed to communicable 

diseases and fever tick infestation. 

Ruminants found to be affected with or 

to have been exposed to a 

communicable disease, or infested with 

fever ticks, are to be refused entry 

except as provided in § 93.427(b)(2). 

Under § 93.427(b)(2), cattle that have 

been exposed to splenetic, southern, or 

tick fever, or that have been infested 

with or exposed to fever ticks, may be 

imported from Mexico for admission 

into the State of Texas, except that 

portion of the State quarantined because 

of fever ticks, either at one of the land 

border ports in Texas listed in 

§ 93.403(c) of the regulations, or at the 

port of Santa Teresa, NM, provided that 

certain conditions are met. Those 

conditions are spelled out in paragraphs 

(b)(2)(i) through (b)(2)(v) of § 93.427. 

In this document, we are proposing to 

amend § 93.427(b)(2) by: 

• Removing the limitation that allows 

the imported cattle admission only into 

the State of Texas; 

• Removing the limitation that 

prohibits the imported cattle from being 

moved into areas in Texas quarantined 

because of fever ticks; and 

• Adding San Luis, AZ, as an 

additional port through which the cattle 

may be imported into the United States. 

Each of these proposed changes is 

explained in more detail below. 

Admission Only Into the State of Texas 

The limitation that allows the 

imported cattle admission only into the 

State of Texas originated in statutory 

language (21 U.S.C. 104) that, prior to 

1993, authorized the Secretary of 

Agriculture to permit ‘‘the admission 

into the State of Texas of cattle which 

have been infested with or exposed to 

ticks upon being freed therefrom.’’

However, in 1993, as part of the North 

American Free Trade Agreement 

(NAFTA) Implementation Act (Public 

Law 103–182), 21 U.S.C. 104 was 

amended to state more generally that the 

Secretary may permit the importation of 

cattle, sheep, or other ruminants, and 

swine from Canada and Mexico, 

effectively removing the restriction that 

prohibited cattle from moving into 

States other than Texas. The provisions 

of 21 U.S.C. 104 were subsequently 

repealed by the Animal Health 

Protection Act, which constitutes the 

Secretary’s current authority and places 

no restrictions on the destination within 

the United States of cattle imported 

from Mexico. 

Following the passage of the NAFTA 

Implementation Act, our permitting 

procedures were modified to allow 

cattle that had been infested with or 

exposed to fever ticks to be moved into 

States other than Texas under the 

conditions described in § 93.427(b)(2), 

but we did not make a corresponding