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5421

Rules and Regulations Federal Register


Vol. 73, No. 20

Wednesday, January 30, 2008

This section of the FEDERAL REGISTER No comments were received on the adverse action or other proceeding that may
contains regulatory documents having general proposed rulemaking. Accordingly, the occur as a result of the findings of an
applicability and legal effect, most of which Department is adopting the proposed investigation; retrieve investigation results;
are keyed to and codified in the Code of provide a system for creating and reporting
rule as final.
Federal Regulations, which is published under statistical information; and to provide a
Pursuant to the requirements of the system to track Office of Inspector General
50 titles pursuant to 44 U.S.C. 1510.
Regulatory Flexibility Act, 5 U.S.C. 601– investigators’ firearms qualification records
The Code of Federal Regulations is sold by 612, DHS certifies that these regulations and property records. Pursuant to
the Superintendent of Documents. Prices of will not significantly affect a substantial exemptions 5 U.S.C. 552a(j)(2) of the Privacy
new books are listed in the first FEDERAL number of small entities. The final rule Act, portions of this system are exempt from
REGISTER issue of each week. imposes no duties or obligations on 5 U.S.C. 552a(c)(3) and (4); (d); (e)(1), (e)(2),
small entities. Further, in accordance (e)(3), (e)(4)(G), (e)(4)(H), (e)(5) and (e)(8); (f);
with the provisions of the Paperwork and (g). Pursuant to 5 U.S.C. 552a (k)(1),
DEPARTMENT OF HOMELAND (k)(2) and (k)(5), this system is exempt from
Reduction Act of 1995, 44 U.S.C. 3501,
the following provisions of the Privacy Act,
SECURITY DHS has determined that this final rule subject to the limitations set forth in those
would not impose new record keeping, subsections: 5 U.S.C. 552a (c)(3), (d), (e)(1),
6 CFR Part 5 application, reporting, or other types of (e)(4)(G), (e)(4)(H), and (f). Exemptions from
[Docket No. DHS–2008–0004] information collection requirements. these particular subsections are justified, on
a case-by-case basis to be determined at the
List of Subjects in 6 CFR Part 5 time a request is made, for the following
Privacy Act of 1974: Implementation of
Exemptions Freedom of information, Privacy. reasons:
■ For the reasons stated in the preamble, (a) From subsection (c)(3) and (c)(4)
AGENCY: Department of Homeland DHS amends Chapter I of Title 6, Code (Accounting for Disclosures) because release
Security. of the accounting of disclosures could alert
of Federal Regulations, as follows:
the subject of an investigation of an actual or
ACTION: Final rule.
potential criminal, civil, or regulatory
PART 5—DISCLOSURE OF RECORDS
violation, to the existence of the
SUMMARY: The Department of Homeland AND INFORMATION investigation; and reveal investigative
Security is issuing a final rule interest on the part of DHS as well as the
exempting from certain provisions of ■ 1. The authority citation for part 5
continues to read as follows: recipient agency. Disclosure of the
the Privacy Act a revised and updated accounting would therefore present a serious
Privacy Act system of records Authority: Pub. L. 107–296, 116 Stat. 2135, impediment to law enforcement efforts and/
maintained by the Office of 6 U.S.C. 101 et seq.; 5 U.S.C. 301. Subpart A or efforts to preserve national security.
Investigations in the Office of the also issued under 5 U.S.C. 552. Subpart B Disclosure of the accounting would also
Inspector General. The system of also issued under 5 U.S.C. 552a. permit the individual who is the subject of
records is the ‘‘Investigative Data a record to impede the investigation, tamper
■ 2. At the end of Appendix C to part
Management System.’’ with witnesses or evidence, and avoid
5, add the following new paragraph 5 to detection or apprehension, which would
DATES: Effective Dates: This final rule is read as follows: undermine the entire investigative process.
effective January 30, 2008. Appendix C to Part 5—DHS Systems of (b) From subsection (d) (Access to Records)
FOR FURTHER INFORMATION CONTACT: because access to the records contained in
Records Exempt From the Privacy Act
Richard N. Reback, Department of this system of records could inform the
Homeland Security, Office of Inspector * * * * * subject of an investigation of an actual or
5. DHS–OIG–2005–002, the Office of potential criminal, civil, or regulatory
General/STOP 2600, 245 Murray Drive, Inspector General Investigative Records violation, to the existence of the
SW., Building 410, Washington, DC System includes both paper investigative investigation, and reveal investigative
20528, by telephone (202) 254–4100 or files and the ‘‘Investigation Data Management interest on the part of DHS or another agency.
facsimile (202) 254–4285; or Hugo System’’ (IDMS)—an electronic case Access to the records could permit the
Teufel III, (703) 235–0780, Chief Privacy management and tracking information individual who is the subject of a record to
Officer, U.S. Department of Homeland system, which also generates reports. The impede the investigation, tamper with
Security, Washington, DC 20528; e-mail Investigative Records System consists of witnesses or evidence, and avoid detection or
privacy@dhs.gov. records and information collected and apprehension. Amendment of the records
maintained to receive and process allegations could interfere with ongoing investigations
SUPPLEMENTARY INFORMATION: of violations of criminal, civil, and and law enforcement activities and would
Background administrative laws and regulations relating impose an impossible administrative burden
to DHS programs, operations, and employees, by requiring investigations to be
On November 9, 2005, the Department as well as contractors and other individuals continuously reinvestigated. In addition,
of Homeland Security (DHS) published and entities associated with the DHS. The permitting access and amendment to such
a notice of proposed rulemaking (70 FR system allows the DHS Office of Inspector information could disclose security-sensitive
67931), to exempt a Privacy Act system General to monitor case assignments, information that could be detrimental to
of records maintained by the Office of disposition, status, and results; manage homeland security.
investigations and information provided (c) From subsection (e)(1) (Relevancy and
Investigations in the Office of the
during the course of such investigations; Necessity of Information) because in the
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Inspector General (OIG) from certain track actions taken by management regarding course of investigations into potential
provisions of the Privacy Act. The misconduct; track legal actions taken violations of federal law, the accuracy of
system of records is the DHS OIG following referrals to the United States information obtained or introduced
Investigations Data Management Department of Justice for prosecution or occasionally may be unclear or the
System. litigation; provide information relating to any information may not be strictly relevant or

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5422 Federal Register / Vol. 73, No. 20 / Wednesday, January 30, 2008 / Rules and Regulations

necessary to a specific investigation. In the the Colorado Potato Administrative section 608c(15)(A) of the Act, any
interests of effective law enforcement, it is Committee, Area No. 2 (Committee). handler subject to an order may file
appropriate to retain all information that may The minimum size requirements for with USDA a petition stating that the
aid in establishing patterns of unlawful Area No. 2 potatoes specify that order, any provision of the order, or any
activity.
(d) From subsection (e)(2) (Collection of
potatoes handled under the marketing obligation imposed in connection with
Information from Individuals) because order must be at least 2 inches in the order is not in accordance with law
requiring that information be collected from diameter or 4 ounces in weight, with and request a modification of the order
the subject of an investigation would alert the exceptions allowing the handling of or to be exempted therefrom. A handler
subject as to the nature or existence of an round potatoes of any weight, and is afforded the opportunity for a hearing
investigation, thereby interfering with the Russet Burbank, Russet Norkotah, and on the petition. After the hearing USDA
related investigation and law enforcement Silverton Russet potato varieties with a would rule on the petition. The Act
activities. minimum of 17⁄8 inches in diameter or provides that the district court of the
(e) From subsection (e)(3) (Notice to 4 ounces in weight. This rule removes United States in any district in which
Subjects) because providing such detailed the handler is an inhabitant, or has his
information would impede law enforcement
the exception that Russet Burbank,
in that it could compromise the existence of Russet Norkotah, and Silverton Russet or her principal place of business, has
a confidential investigation or reveal the potato varieties may be 17⁄8 inches in jurisdiction to review USDA’s ruling on
identity of witnesses or confidential diameter, thus requiring these varieties the petition, provided an action is filed
informants. to also meet the minimum requirements not later than 20 days after the date of
(f) From subsections (e)(4)(G) and (H) of 2 inches in diameter or 4 ounces in the entry of the ruling.
(Agency Requirements), (f) (Agency Rules), weight. This change is intended to This final rule modifies the minimum
and (g) (Civil Remedies) because portions of facilitate the handling and marketing of size requirements under the order. The
this system are exempt from the individual Colorado Area No. 2 potatoes. minimum size requirements for Area
access provisions of subsection (d). No. 2 potatoes specify that potatoes
(g) From subsection (e)(5) (Collection of DATES: Effective Date: January 31, 2008.
handled under the marketing order must
Information) because in the collection of FOR FURTHER INFORMATION CONTACT:
be at least 2 inches in diameter or 4
information for law enforcement purposes it Teresa Hutchinson or Gary Olson,
is impossible to determine in advance what
ounces in weight with exceptions
Northwest Marketing Field Office,
information is accurate, relevant, timely, and allowing the handling of round potatoes
Marketing Order Administration
complete. Compliance with (e)(5) would of any weight, and Russet Burbank,
Branch, Fruit and Vegetable Programs, Russet Norkotah, and Silverton Russet
preclude OIG special agents from using their AMS, USDA, Telephone: (503) 326–
investigative training and exercise of good potato varieties with a minimum of 17⁄8
judgment to both conduct and report on
2724, Fax: (503) 326–7440, or e-mail: inches in diameter or 4 ounces in
investigations. Teresa.Hutchinson@usda.gov or weight. This rule removes the exception
(h) From subsection (e)(8)(Notice on GaryD.Olson@usda.gov. that Russet Burbank, Russet Norkotah,
Individuals) because compliance would Small businesses may request
and Silverton Russet potato varieties
interfere with OIG’s ability to obtain, serve, information on complying with this
may be 17⁄8 inches in diameter. This rule
and issue subpoenas, warrants and other law regulation by contacting Jay Guerber,
enforcement mechanisms that may be filed
was recommended by the Committee at
Marketing Order Administration
under seal, and could result in disclosure of a meeting on August 16, 2007.
Branch, Fruit and Vegetable Programs, Section 948.22 authorizes the
investigative techniques, procedures, and AMS, USDA, 1400 Independence
evidence. issuance of grade, size, quality,
Avenue, SW., STOP 0237, Washington, maturity, pack, and container
Hugo Teufel III, DC 20250–0237; Telephone: (202) 720– regulations for potatoes grown in the
Chief Privacy Officer, Department of 2491, Fax: (202) 720–8938, or e-mail: production area. Section 948.21 further
Homeland Security. Jay.Guerber@usda.gov. authorizes the modification, suspension,
[FR Doc. E8–1553 Filed 1–29–08; 8:45 am] SUPPLEMENTARY INFORMATION: This final or termination of requirements issued
BILLING CODE 4410–10–P rule is issued under Marketing pursuant to § 948.22.
Agreement No. 97 and Marketing Order Section 948.40 provides that
No. 948, both as amended (7 CFR part whenever the handling of potatoes is
DEPARTMENT OF AGRICULTURE 948), regulating the handling of Irish regulated pursuant to §§ 948.20 through
potatoes grown in Colorado, hereinafter 948.24, such potatoes must be inspected
Agricultural Marketing Service referred to as the ‘‘order.’’ The order is by the Federal-State Inspection Service,
effective under the Agricultural and certified as meeting the applicable
7 CFR Part 948 Marketing Agreement Act of 1937, as requirements of such regulations.
amended (7 U.S.C. 601–674), hereinafter Under the order, the State of Colorado
[Docket No. AMS–FV–07–0115; FV08–948– is divided into three areas of regulation
1 FR]
referred to as the ‘‘Act.’’
The Department of Agriculture for marketing order purposes. These
(USDA) is issuing this rule in include: Area No. 1, commonly known
Irish Potatoes Grown in Colorado;
conformance with Executive Order as the Western Slope, includes and
Modification of the Handling
12866. consists of the counties of Routt, Eagle,
Regulation for Area No. 2
This final rule has been reviewed Pitkin, Gunnison, Hinsdale, La Plata,
AGENCY: Agricultural Marketing Service, under Executive Order 12988, Civil and all counties west thereof; Area No.
USDA. Justice Reform. This rule is not intended 2, commonly known as the San Luis
ACTION: Final rule. to have retroactive effect. This rule will Valley, includes and consists of the
not preempt any State or local laws, counties of Sanguache, Huerfano, Las
SUMMARY: This rule modifies the regulations, or policies, unless they Animas, Mineral, Archuleta, and all
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minimum size requirements under the present an irreconcilable conflict with counties south thereof; and, Area No. 3
Colorado potato marketing order, Area this rule. includes and consists of all the
No. 2. The marketing order regulates the The Act provides that administrative remaining counties in the State of
handling of Irish potatoes grown in proceedings must be exhausted before Colorado which are not included in
Colorado, and is administered locally by parties may file suit in court. Under Area No. 1 or Area No. 2. The order

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