[Federal Register Volume 76, Number 137 (Monday, July 18, 2011)]
[Rules and Regulations]
[Pages 42004-42005]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17940]
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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.
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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 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:
[[Page 42005]]
PART 5--DISCLOSURE OF RECORDS AND INFORMATION
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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.
0
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]
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