[Federal Register Volume 73, Number 228 (Tuesday, November 25, 2008)]
[Rules and Regulations]
[Page 71521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28039]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 73, No. 228 / Tuesday, November 25, 2008 /
Rules and Regulations
[[Page 71521]]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2008-0135]
Privacy Act of 1974: Implementation of Exemptions; Department of
Homeland Security General Training Records
AGENCY: Privacy Office, DHS.
ACTION: Final rule.
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SUMMARY: At this time, the Department of Homeland Security is issuing a
final rule pursuant to the Privacy Act of 1974 for the Department of
Homeland Security General Training Records system of records.
DATES: This final rule is effective November 25, 2008.
ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0135, by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 1-866-466-5370.
Mail: Hugo Teufel III, Chief Privacy Officer, Department
of Homeland Security, 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: For general questions and privacy
issues, please contact: Hugo Teufel III (703-235-0780), Chief Privacy
Officer, Privacy Office, Department of Homeland Security, Washington,
DC 20528.
SUPPLEMENTARY INFORMATION: Background: On May 8, 2006, the Department
of Homeland Security (DHS) published a notice of proposed rulemaking
(71 FR 26706) to exempt the General Training Records Privacy Act system
of records from the following provision of the Privacy Act, 5 U.S.C.
552a(d). Elsewhere in today's Federal Register, the Department is
issuing an updated system of records notice that does not impact the
need for this final rule.
No comments were received.
Accordingly, DHS is implementing the rule as proposed.
Pursuant to the requirements of the Regulatory Flexibility Act, 5
U.S.C. 601-612, DHS certifies that these regulations will not
significantly affect a substantial number of small entities. The final
rule imposes no duties or obligations on small entities. Further, in
accordance with the provisions of the Paperwork Reduction Act of 1995,
44 U.S.C. 3501, DHS has determined that this final rule would not
impose new recordkeeping, application, reporting, or other types of
information collection requirements.
A notice of system of records for General Training Records is also
published in this issue of the Federal Register.
List of Subjects in 6 CFR Part 5
Freedom of information; Privacy.
0
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
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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.
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2. Add at the end of Appendix C to Part 5, Exemption of Record Systems
under the Privacy Act, the following new paragraph 13:
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
13. The Department of Homeland Security General Training Records
system of records consists of electronic and paper records and will
be used by DHS and its components. The Department of Homeland
Security General Training 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. Pursuant to exemptions 5 U.S.C. 552a(k)(6) of the
Privacy Act, portions of this system are exempt from 5 U.S.C.
552a(d) to the extent that records in this system relate to testing
or examination materials used solely to determine individual
qualifications for appointment in the Federal service. Access to or
amendment of this information by the data subject would compromise
the objectivity and fairness of the testing and examination process.
Dated: November 18, 2008.
Hugo Teufel, III,
Chief Privacy Officer, Department of Homeland Security. 4 1
[FR Doc. E8-28039 Filed 11-24-08; 8:45 am]
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