Sorn

Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations
and potential witnesses, and confidential
informants.
Dated: August 20, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E9–20751 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–2009–0051]

Privacy Act of 1974: Implementation of
Exemptions; Department of Homeland
Security U.S. Customs and Border
Protection—015 Automated
Commercial System of Records
Privacy Office, DHS.
Final rule.

AGENCY:
ACTION:

PWALKER on DSK8KYBLC1PROD with RULES5

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—015 Automated
Commercial 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—015 Automated Commercial
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 77548, December 19,

VerDate Nov<24>2008

18:53 Aug 28, 2009

Jkt 217001

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)—015
Automated Commercial System. The
DHS/CBP Automated Commercial
system of records notice was published
concurrently in the Federal Register, 73
FR 77759, December 19, 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.

2. At the end of Appendix C to Part
5, add the following new paragraph
‘‘26’’:

■

Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
*

*

*

*

*

26. The DHS/CBP—015 Automated
Commercial System (ACS) system of records
consists of electronic and paper records and
will be used by DHS and its Components.
The DHS/CBP—015 Automated Commercial
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—015 Automated Commercial 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

PO 00000

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Fmt 4701

Sfmt 4700

45077

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 caseby-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. E9–20780 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–2009–0058]

Privacy Act of 1974: Implementation of
Exemptions; Department of Homeland
Security U.S. Customs and Border
Protection—016 Nonimmigrant
Information System of Records
Privacy Office, DHS.
Final rule.

AGENCY:
ACTION:

SUMMARY: The Department of Homeland
Security is issuing a final rule to amend

E:\FR\FM\31AUR5.SGM

31AUR5

45078

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

PWALKER on DSK8KYBLC1PROD with RULES5

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—016 Nonimmigrant
Information 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—016 Nonimmigrant
Information system from one or more
provisions of the Privacy Act because of
criminal, civil, and administrative
enforcement requirements.
Additionally, two administrative
errors were made at the time of
publishing and are corrected through
this final rule. Two systems of records
notices were issued the same system of
records notice number. Both U.S.
Customs and Border Protection system
of records notices Nonimmigrant
Information system of records and
Electronic System for Travel
Authorization system of records were
published with number 009. Electronic
System for Travel Authorization system
of records will remain with number 009
and Nonimmigrant Information system
of records will be reassigned number
016. Second, the notice of proposed
rulemaking for the Nonimmigrant
Information system of records was
incorrectly published with the name
‘‘Nonimmigrant Inspection System.’’
The name of the proposed rule and this
final rule will be Nonimmigrant
Information System.
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 77549, December 19,
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

VerDate Nov<24>2008

18:53 Aug 28, 2009

Jkt 217001

of records is the DHS/U.S. Customs and
Border Protection (CBP)—016
Nonimmigrant Information System. The
DHS/CBP—016 Nonimmigrant
Information system of records notice
was published concurrently in the
Federal Register, 73 FR 77739,
December 19, 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
Privacy, Freedom of information.
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 ‘‘27’’:

■

Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
*

*

*

*

*

27. The DHS/CBP–009 Nonimmigrant
Information system of records consists of
electronic and paper records and will be used
by DHS and it’s Components. The DHS/CBP–
009 Nonimmigrant Information 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 Nonimmigrant Information 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. This system may contain records or
information pertaining to the accounting of
disclosures made from the Nonimmigrant
Information System to other law enforcement
and counterterrorism agencies (Federal,
State, Local, Foreign, International or Tribal)
in accordance with the published routine
uses. 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. 522(c)(3), (e)
(8), and (g) of the Privacy Act of 1974, as

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Fmt 4701

Sfmt 4700

amended, as necessary and appropriate to
protect accounting of these disclosures only,
pursuant to 5 U.S.C. 552a (j)(2), and (k)(2).
Further, no exemption shall be asserted with
respect to biographical or travel information
submitted by, and collected from, a person’s
travel documents or submitted from a
government computer system to support or to
validate those travel documents. 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 caseby-case basis to be determined at the time a
request is made, when information in this
system of records is recompiled or is created
from information contained in other systems
of records subject to exemptions for the
following reasons:
(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. E9–20778 Filed 8–28–09; 8:45 am]
BILLING CODE 9110–06–P

E:\FR\FM\31AUR5.SGM

31AUR5