Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/U.S. Customs and Border Protection-001 Import Information System, System of Records, 14369 [2016-05962]

Agencies

• DEPARTMENT OF HOMELAND SECURITY
• Office of the Secretary

[Federal Register Volume 81, Number 52 (Thursday, March 17, 2016)]
[Rules and Regulations]
[Page 14369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05962]



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Federal Register / Vol. 81, No. 52 / Thursday, March 17, 2016 / Rules 
and Regulations

[[Page 14369]]



DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 5

[Docket No. DHS-2016-0020]


Privacy Act of 1974: Implementation of Exemptions; Department of 
Homeland Security/U.S. Customs and Border Protection-001 Import 
Information System, System of Records

AGENCY: Privacy Office, Department of Homeland Security.

ACTION: Final rule.

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SUMMARY: The Department of Homeland Security (DHS) is issuing a final 
rule to amend its regulations to exempt portions of newly established 
system of records titled, ``Department of Homeland Security/U.S. 
Customs and Border Protection, DHS/CBP-001, Import Information System 
[IIS] System of Records'' from certain provisions of the Privacy Act. 
Specifically, the Department exempts portions of the DHS/CBP-001 IIS 
system of records from one or more provisions of the Privacy Act 
because of criminal, civil, and administrative enforcement 
requirements.

DATES: This final rule is effective March 17, 2016.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact: 
John Connors, (202) 344-1610, CBP Privacy Officer, Privacy and 
Diversity Office, 1300 Pennsylvania Ave. NW., Washington, DC 20229. For 
privacy questions, please contact: Karen L. Neuman, (202) 343-1717, 
Chief Privacy Officer, Privacy Office, Department of Homeland Security, 
Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

Background

    The Department of Homeland Security (DHS) U.S. Customs and Border 
Protection (CBP) published a notice of proposed rulemaking in the 
Federal Register, 80 FR 49175, August 17, 2015, 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. DHS issued the ``Department of Homeland Security, U.S. 
Customs and Border Protection, DHS/CBP-001, Import Information System, 
System of Records'' in the Federal Register at 80 FR 49256 on August 
17, 2015, to provide notice to the public that DHS/CBP was 
consolidating, updating, and renaming as one SORN the information 
previously contained in two DHS SORNs titled, ``Privacy Act of 1974; 
Systems of Records [Department of Homeland Security/U.S. Customs and 
Border Protection, DHS/CBP-001 Automated Commercial Environment/
International Trade Data System (ACE/ITDS) System of Records]'' (71 FR 
3109, January 19, 2006) and ``Privacy Act of 1974; U.S. Customs and 
Border Protection--015 Automated Commercial System, [ACS] System of 
Records'' (73 FR 77759, December 19, 2008). DHS/CBP invited comments on 
both the Notice of Proposed Rulemaking (NPRM) and System of Records 
Notice (SORN).

Public Comments

    DHS received no comments on the NPRM for the DHS/CBP-001 IIS System 
of Records and 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

0
1. The authority citation for part 5 continues to read as follows:

    Authority:  Pub. L. 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.


0
2. In appendix C to part 5, revise paragraph 26 to read as follows:

Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy 
Act

* * * * *
    26. DHS/CBP-001, Import Information System (IIS). A portion of 
the following system of records is exempt from 5 U.S.C. 552a(c)(3), 
(e)(8), and (g)(1) pursuant to 5 U.S.C. 552a(j)(2), and from 5 
U.S.C. 552a(c)(3) pursuant to 5 U.S.C. 552a(k)(2). Further, no 
exemption shall be asserted with respect to information maintained 
in the system as it relates to data submitted by or on behalf of a 
person who travels to visit the United States and crosses the 
border, nor shall an exemption be asserted with respect to the 
resulting determination (approval or denial). After conferring with 
the appropriate component or agency, DHS may waive applicable 
exemptions in appropriate circumstances and where it would not 
appear to interfere with or adversely affect the law enforcement 
purposes of the systems from which the information is recompiled or 
in which it is contained. Exemptions from the above particular 
subsections are justified, on a case-by-case basis to be determined 
at the time a request is made, when information in this system of 
records is may impede a law enforcement, intelligence activities and 
national security investigation:
    (a) From subsection (c)(3) (Accounting for Disclosure) because 
making available to a record subject the accounting of disclosures 
from records concerning him or her would specifically reveal any 
investigative interest in the individual. Revealing this information 
could reasonably be expected to compromise ongoing efforts to 
investigate a violation of U.S. law, including investigations of a 
known or suspected terrorist, by notifying the record subject that 
he or she is under investigation. This information could also permit 
the record subject to take measures to impede the investigation, 
e.g., destroy evidence, intimidate potential witnesses, or flee the 
area to avoid or impede the investigation.
    (b) From subsection (e)(8) (Notice on Individuals) because to 
require individual notice of disclosure of information due to 
compulsory legal process would pose an impossible administrative 
burden on DHS and other agencies and could alert the subjects of 
counterterrorism or law enforcement investigations to the fact of 
those investigations when not previously known.
    (c) From subsection (g)(1) (Civil Remedies) to the extent that 
the system is exempt from other specific subsections of the Privacy 
Act.
* * * * *

    Dated: March 2, 2016.
Karen L. Neuman,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2016-05962 Filed 3-16-16; 8:45 am]
 BILLING CODE 9111-14-P