[Federal Register Volume 76, Number 137 (Monday, July 18, 2011)]
[Rules and Regulations]
[Pages 42003-42004]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17938]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 5

[Docket No. DHS-2011-0037]


Privacy Act of 1974: Implementation of Exemptions; Department of 
Homeland Security Transportation Security Administration--023 Workplace 
Violence Prevention Program System of Records

AGENCY: Privacy Office, DHS.

ACTION: Final rule.

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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/Transportation 
Security Administration--023 Workplace Violence Prevention Program 
System of Records'' from certain provisions of the Privacy Act. 
Specifically, the Department exempts portions of the ``Department of 
Homeland Security/Transportation Security Administration--023 Workplace 
Violence Prevention Program 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: 
Ted Calhoun, Office of Law Enforcement, TSA-18, Transportation Security 
Administration, 601 South 12th Street, Arlington, VA 20598-6018; e-mail 
Ted.Calhoun@dhs.gov. 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) Transportation Security 
Administration (TSA) published a notice of proposed rulemaking (NPRM) 
in the Federal Register, 75 FR 7978, February 23, 2010, proposing to 
exempt portions of the DHS/TSA-023 Workplace Violence Prevention 
Program system of records from one or more provisions of the Privacy 
Act because of criminal, civil, and administrative enforcement 
requirements. The DHS/TSA-023 Workplace Violence Prevention Program 
system of records notice (SORN) was published concurrently in the 
Federal Register, 75 FR 8096, February 23, 2010, and comments were 
invited on both the NPRM and SORN.

Public Comments

    DHS/TSA received one comment on the NPRM and no comments on the 
SORN.

NPRM

    DHS/TSA received one comment from the public that supported the 
proposed rule. No other substantive or significant comments were 
received.

SORN

    TSA received no comments on the SORN.
    After consideration of the public comment received, the Department 
will implement the rulemaking as proposed.

[[Page 42004]]

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

0
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.


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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 
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. 2011-17938 Filed 7-15-11; 8:45 am]
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