Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/United States Citizenship and Immigration Services-012 Citizenship and Immigration Data Repository System of Records, 81371-81372 [2010-32540]
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81371
Rules and Regulations
Federal Register
Vol. 75, No. 248
Tuesday, December 28, 2010
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS–2010–0088]
Privacy Act of 1974: Implementation of
Exemptions; Department of Homeland
Security/United States Citizenship and
Immigration Services–012 Citizenship
and Immigration Data Repository
System of Records
Privacy Office, DHS.
Final rule.
AGENCY:
ACTION:
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/United States Citizenship and
Immigration Services–012 Citizenship
and Immigration Data Repository
System of Records’’ from certain
provisions of the Privacy Act.
Specifically, the Department exempts
portions of the ‘‘Department of
Homeland Security/United States
Citizenship and Immigration Services–
012 Citizenship and Immigration Data
Repository System of Records’’ from one
or more provisions of the Privacy Act
because of criminal, civil, and
administrative enforcement
requirements.
SUMMARY:
Effective Date: This final rule is
effective December 28, 2010.
FOR FURTHER INFORMATION CONTACT: For
general questions please contact: Donald
K. Hawkins (202–272–8000), Privacy
Officer, U.S. Citizenship and
Immigration Services, 20 Massachusetts
Avenue, NW., Washington, DC 20529.
For privacy issues please contact: Mary
Ellen Callahan, Chief Privacy Officer,
Privacy Office, Department of Homeland
Security, Washington, DC 20528.
srobinson on DSKHWCL6B1PROD with RULES
DATES:
VerDate Mar<15>2010
18:14 Dec 27, 2010
Jkt 223001
SUPPLEMENTARY INFORMATION:
Background
The Department of Homeland
Security (DHS) United States
Citizenship and Immigration Service
(USCIS) published a notice of proposed
rulemaking in the Federal Register, 75
FR 54528, September 8, 2010, 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/USCIS–012 Citizenship and
Immigration Data Repository (CIDR)
System of Records. The DHS/USCIS–
012 CIDR System of Records notice was
published concurrently in the Federal
Register, 75 FR 54642, September 8,
2010. Comments were invited on both
the Notice of Proposed Rulemaking
(NPRM) and System of Records Notice
(SORN).
Public Comments
DHS received six comments on the
NPRM. Of the six comments, one was
submitted in duplicate. No comments
were received on the SORN.
Three of the five original comments
received were generally in support of
the proposed rule. Two commentors
expressed opposition generally to DHS’
collection and use of personally
identifiable information (PII) for any
reason other than to investigate
individuals who may have violated the
law. The Privacy Act of 1974 permits a
federal agency, including DHS, to
collect information pertaining to
individuals provided that it has the
requisite statutory authority to do so.
The Privacy Act requires federal
agencies to publish in the Federal
Register a description denoting the type
and character of each system of records
that the agency maintains including the
authority, purpose, category of records,
and routine uses in order to make
agency recordkeeping practices
transparent, to notify individuals
regarding the uses to which PII is put,
and to assist individuals to more easily
find such files within the agency. DHS
met these requirements with the
publication of the DHS/USCIS–012
CIDR SORN on September 10, 2010 in
the Federal Register. As noted in DHS/
USCIS–012 CIDR SORN, the authority to
collect information within CIDR is
§§ 101 and 103 of the Immigration and
Nationality Act, as amended (8 U.S.C.
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
1101 and 1103), and the regulations
issued pursuant thereto; § 451 of the
Homeland Security Act of 2002 (Pub. L.
107–296); E.O. 12958; E.O. 13356; E.O.
13388; and E.O. 12333.
In addition, as set forth in the DHS/
USCIS–012 CIDR SORN, the CIDR
system will not collect any new
information, but rather, is a mirror copy
of USCIS’s major immigrant and nonimmigrant benefits databases combined
into a single user interface and
presented in an updated, searchable
format on the classified network. This
system takes existing USCIS data and
recompiles them into a system for the
following three purposes: (1) Vetting
USCIS application information for
indications of possible immigration
fraud and national security concerns; (2)
detecting possible fraud and misuse of
immigration information or position by
USCIS employees, for personal gain or
by coercion; and (3) to respond to
requests for information (RFIs) from the
DHS Office of Intelligence and Analysis
(I&A) and/or the federal intelligence and
law enforcement community members
that are based on classified criteria.
After consideration of public
comments, 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:
■
PART 5—DISCLOSURE OF RECORDS
AND INFORMATION
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.
2. Add at the end of Appendix C to
part 5, the following new paragraph
‘‘53’’:
■
Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
*
*
*
*
*
53. The DHS/USCIS–012 CIDR System of
Records consists of electronic and paper
records and will be used by DHS and its
components. The DHS/USCIS–012 CIDR
System of Records 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
E:\FR\FM\28DER1.SGM
28DER1
srobinson on DSKHWCL6B1PROD with RULES
81372
Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations
of civil and criminal laws; investigations,
inquiries, and proceedings thereunder;
national security and intelligence activities;
and protection of the President of the U.S. or
other individuals pursuant to Section 3056
and 3056A of Title 18. The DHS/USCIS–012
CIDR 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 PII 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)(1) and (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 the 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 could 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 the
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 impossible administrative burden
by requiring investigations to be
continuously 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)
VerDate Mar<15>2010
18:14 Dec 27, 2010
Jkt 223001
(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.
Dated: December 14, 2010.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2010–32540 Filed 12–27–10; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 319
[Docket No. APHIS–2008–0060]
RIN 0579–AD13
Hass Avocados From Mexico;
Importation Into the Commonwealth of
Puerto Rico and Other Changes
Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
AGENCY:
We are amending the
regulations governing the importation of
fruits and vegetables to provide for the
importation of Hass avocados from
Mexico into Puerto Rico under the same
systems approach currently required for
the importation of Hass avocados into
all States of the United States from
´
Michoacan, Mexico. The systems
approach requirements include
trapping, orchard certification, limited
production area, trace back labeling,
pre-harvest orchard surveys for all pests,
orchard sanitation, post-harvest
safeguards, fruit cutting and inspection
at the packinghouse, port-of-arrival
inspection, and clearance activities.
This action will allow for the
importation of Hass avocados from
´
Michoacan, Mexico, into Puerto Rico
while continuing to provide protection
against the introduction of quarantine
pests. In addition, we are amending the
regulations to provide for the Mexican
national plant protection organization to
use an approved designee to inspect
avocados for export and to suspend
importation of avocados into the United
´
States from Michoacan, Mexico, only
SUMMARY:
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
from specific orchards or packinghouses
when quarantine pests are detected,
rather than suspending imports from the
entire municipality where the affected
orchards or packinghouses are located.
These changes will provide additional
flexibility in operating the export
program while continuing to provide
protection against the introduction of
quarantine pests.
DATES: Effective Date: December 28,
2010.
FOR FURTHER INFORMATION CONTACT: Mr.
David B. Lamb, Import Specialist,
Regulatory Coordination and
Compliance, PPQ, APHIS, 4700 River
Road, Unit 133, Riverdale, MD 20737–
1231; (301) 734–0627.
SUPPLEMENTARY INFORMATION:
Background
Under the regulations in ‘‘Subpart—
Fruits and Vegetables’’ (7 CFR 319.56–1
through 319.56–50, referred to below as
the regulations), the Animal and Plant
Health Inspection Service (APHIS)
prohibits or restricts the importation of
fruits and vegetables into the United
States from certain parts of the world to
prevent plant pests from being
introduced into and spread within the
United States.
The requirements for importing Hass
avocados into the United States from
´
Michoacan, Mexico, are described in
§ 319.56–30. Those requirements
include pest surveys and pest riskreducing practices, treatment,
packinghouse procedures, inspection,
and shipping procedures.
On May 14, 2010, we published in the
Federal Register (75 FR 27225–27227,
Docket No. APHIS–2008–0060) a
proposal 1 to amend the regulations to:
• Allow the importation of Hass
´
avocados from Michoacan, Mexico, into
Puerto Rico, under the same conditions
required for importation into the 50
States;
• Provide for the Mexican national
plant protection organization (NPPO) to
use an approved designee to inspect
avocados for export; and
• Limit the scope of suspension of
export certification to the orchard or
packinghouse in which pests are found,
rather than the municipality in which
the orchard or packinghouse is located.
We solicited comments concerning
our proposal for 60 days ending July 13,
2010. We received four comments by
that date. They were from associations
of avocado producers and
representatives of State and foreign
1 To view the proposed rule and the comments
we received, go to https://www.regulations.gov/
fdmspublic/component/
main?main=DocketDetail&d=APHIS-2008-0060.
E:\FR\FM\28DER1.SGM
28DER1
]]>Agencies
[Federal Register Volume 75, Number 248 (Tuesday, December 28, 2010)]
[Rules and Regulations]
[Pages 81371-81372]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32540]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 /
Rules and Regulations
[[Page 81371]]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2010-0088]
Privacy Act of 1974: Implementation of Exemptions; Department of
Homeland Security/United States Citizenship and Immigration Services-
012 Citizenship and Immigration Data Repository System of Records
AGENCY: Privacy Office, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
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/United States
Citizenship and Immigration Services-012 Citizenship and Immigration
Data Repository System of Records'' from certain provisions of the
Privacy Act. Specifically, the Department exempts portions of the
``Department of Homeland Security/United States Citizenship and
Immigration Services-012 Citizenship and Immigration Data Repository
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 December 28, 2010.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Donald K. Hawkins (202-272-8000), Privacy Officer, U.S. Citizenship and
Immigration Services, 20 Massachusetts Avenue, NW., Washington, DC
20529. For privacy issues please contact: Mary Ellen Callahan, Chief
Privacy Officer, Privacy Office, Department of Homeland Security,
Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
Background
The Department of Homeland Security (DHS) United States Citizenship
and Immigration Service (USCIS) published a notice of proposed
rulemaking in the Federal Register, 75 FR 54528, September 8, 2010,
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/USCIS-012 Citizenship and Immigration Data Repository (CIDR) System
of Records. The DHS/USCIS-012 CIDR System of Records notice was
published concurrently in the Federal Register, 75 FR 54642, September
8, 2010. Comments were invited on both the Notice of Proposed
Rulemaking (NPRM) and System of Records Notice (SORN).
Public Comments
DHS received six comments on the NPRM. Of the six comments, one was
submitted in duplicate. No comments were received on the SORN.
Three of the five original comments received were generally in
support of the proposed rule. Two commentors expressed opposition
generally to DHS' collection and use of personally identifiable
information (PII) for any reason other than to investigate individuals
who may have violated the law. The Privacy Act of 1974 permits a
federal agency, including DHS, to collect information pertaining to
individuals provided that it has the requisite statutory authority to
do so. The Privacy Act requires federal agencies to publish in the
Federal Register a description denoting the type and character of each
system of records that the agency maintains including the authority,
purpose, category of records, and routine uses in order to make agency
recordkeeping practices transparent, to notify individuals regarding
the uses to which PII is put, and to assist individuals to more easily
find such files within the agency. DHS met these requirements with the
publication of the DHS/USCIS-012 CIDR SORN on September 10, 2010 in the
Federal Register. As noted in DHS/USCIS-012 CIDR SORN, the authority to
collect information within CIDR is Sec. Sec. 101 and 103 of the
Immigration and Nationality Act, as amended (8 U.S.C. 1101 and 1103),
and the regulations issued pursuant thereto; Sec. 451 of the Homeland
Security Act of 2002 (Pub. L. 107-296); E.O. 12958; E.O. 13356; E.O.
13388; and E.O. 12333.
In addition, as set forth in the DHS/USCIS-012 CIDR SORN, the CIDR
system will not collect any new information, but rather, is a mirror
copy of USCIS's major immigrant and non-immigrant benefits databases
combined into a single user interface and presented in an updated,
searchable format on the classified network. This system takes existing
USCIS data and recompiles them into a system for the following three
purposes: (1) Vetting USCIS application information for indications of
possible immigration fraud and national security concerns; (2)
detecting possible fraud and misuse of immigration information or
position by USCIS employees, for personal gain or by coercion; and (3)
to respond to requests for information (RFIs) from the DHS Office of
Intelligence and Analysis (I&A) and/or the federal intelligence and law
enforcement community members that are based on classified criteria.
After consideration of public comments, the Department will
implement the rulemaking as proposed.
List of Subjects in 6 CFR Part 5
Freedom of information; Privacy.
0
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.
0
2. Add at the end of Appendix C to part 5, the following new paragraph
``53'':
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
53. The DHS/USCIS-012 CIDR System of Records consists of
electronic and paper records and will be used by DHS and its
components. The DHS/USCIS-012 CIDR System of Records 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
[[Page 81372]]
of civil and criminal laws; investigations, inquiries, and
proceedings thereunder; national security and intelligence
activities; and protection of the President of the U.S. or other
individuals pursuant to Section 3056 and 3056A of Title 18. The DHS/
USCIS-012 CIDR 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 PII 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)(1) and (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 the 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
could 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 the
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
impossible administrative burden by requiring investigations to be
continuously 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.
Dated: December 14, 2010.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2010-32540 Filed 12-27-10; 8:45 am]
BILLING CODE 9111-97-P
