Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security U.S. Customs and Border Protection-018 Customs Trade Partnership Against Terrorism System of Records, 55475-55476 [2021-21138]
Download as PDF
<![CDATA[
55475
Rules and Regulations
Federal Register
Vol. 86, No. 191
Wednesday, October 6, 2021
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.
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS–2021–USCBP–2021–0036]
Privacy Act of 1974: Implementation of
Exemptions; Department of Homeland
Security U.S. Customs and Border
Protection–018 Customs Trade
Partnership Against Terrorism System
of Records
U.S. Customs and Border
Protection, U.S. Department of
Homeland Security.
AGENCY:
ACTION:
Final rule.
The U.S. Department of
Homeland Security (DHS) is issuing a
final rule to amend its regulations to
exempt portions of a newly updated and
reissued system of records titled, ‘‘DHS/
U.S. Customs and Border Protection–
018 Customs Trade Partnership Against
Terrorism (CTPAT) System of Records’’
from certain provisions of the Privacy
Act. Specifically, the Department
exempts portions of this system of
records from one or more provisions of
the Privacy Act because of criminal,
civil, and administrative enforcement
requirements.
SUMMARY:
This final rule is effective
October 6, 2021.
DATES:
For
general questions please contact: Debra
Danisek, Privacy.CBP@cbp.dhs.gov,
(202) 344–1610, CBP Privacy Officer,
U.S. Customs and Border Protection,
1300 Pennsylvania Avenue NW,
Washington, DC 20229. For privacy
issues please contact: Lynn Parker
Dupree, (202) 343–1717, Chief Privacy
Officer, Privacy Office, U.S. Department
of Homeland Security, Washington, DC
20528–0655.
jspears on DSK121TN23PROD with RULES1
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
16:21 Oct 05, 2021
Jkt 256001
I. Background
The U.S. Department of Homeland
Security (DHS) U.S. Customs and
Border Protection (CBP) published a
notice of proposed rulemaking in the
Federal Register, 86 FR 15136 (March
22, 2021), 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. In concert with that
rulemaking, DHS/CBP issued an
updated system of records notice,
‘‘DHS/CBP–018 Customs Trade
Partnership Against Terrorism System
of Records’’ in the Federal Register at
86 FR 15136 (March 22, 2021), outlining
that (1) DHS/CBP updated its
description of how CBP collects and
maintains information pertaining to
prospective, ineligible, current, or
former trade partners that participate in
the CTPAT Program; other entities and
individuals in their supply chains; and
members of foreign governments’ secure
supply chain programs that have been
recognized by CBP, through a mutual
recognition arrangement or comparable
arrangement, as being compatible with
the CTPAT Program; (2) DHS/CBP
expanded the categories of records to
include date of birth (DOB); country of
birth; country of citizenship; travel
document number; immigration status
information; driver’s license
information; Trusted Traveler
membership type and number; Registro
Federal de Contribuventes (RFC)
Persona Fisica (for Mexican Foreign
Manufacturers, Highway Carriers, and
Long Haul Carriers Only); and the U.S.
Social Security number beyond sole
proprietors to now include the
collection from all individuals listed as
associated with partner companies; (3)
to clarify that CTPAT members may also
submit information to DHS/CBP under
the CTPAT Trade Compliance program,
to include importer self-assessments
and other documentation; and (4) to
clarify and expand several previously
issued routine uses.
DHS/CBP invited comments on both
the Notice of Proposed Rulemaking
(NPRM) and System of Records Notice
(SORN).
II. Public Comments
DHS received no comments on the
NPRM and one non-substantive
comment on the SORN. After full
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
consideration of the public comment,
the Department will implement the
rulemaking as proposed for the reasons
described in the NPRM and as described
here in the final rule.
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. Amend Appendix C to part 5, by
adding paragraph ‘‘85’’ to read as
follows:
■
Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
*
*
*
*
*
85. The U.S. Department of Homeland
Security (DHS)/U.S. Customs and Border
Protection (CBP)-018 Customs Trade
Partnership Against Terrorism (CTPAT)
System of Records consists of electronic and
paper records and will be used by DHS and
its components. The DHS/CBP–018 CTPAT
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 of civil and criminal laws;
investigations, inquiries, and proceedings
thereunder; and national security activities.
The 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,
pursuant to 5 U.S.C. 552a(j)(2), has exempted
this system from the following provisions of
the Privacy Act, 5 U.S.C. 552a(c)(3), (c)(4);
(d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H),
(e)(4)(I), (e)(5), (e)(8); (f); and (g).
Additionally, the Secretary of Homeland
Security pursuant to 5 U.S.C. 552a(k)(2) 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).
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:
E:\FR\FM\06OCR1.SGM
06OCR1
jspears on DSK121TN23PROD with RULES1
55476
Federal Register / Vol. 86, No. 191 / Wednesday, October 6, 2021 / Rules and Regulations
(a) From subsection (c)(3) and (4)
(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 when
weighing and evaluating all available
information. Further, permitting amendment
to records after an investigation has been
completed could impose administrative
burdens on investigators. 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 subsection (e)(2) (Collection of
Information from Individuals) because
requiring that information be collected from
the subject of an investigation would alert the
subject to the nature or existence of the
investigation, thereby interfering with that
investigation and related law enforcement
activities.
(e) From subsection (e)(3) (Notice to
Subjects) because providing such detailed
information could impede law enforcement
by compromising the existence of a
confidential investigation or reveal the
identity of witnesses or confidential
informants.
(f) 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
VerDate Sep<11>2014
16:21 Oct 05, 2021
Jkt 256001
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.
(g) From subsection (e)(5) (Collection of
Information) because with the collection of
information for law enforcement purposes, it
is impossible to determine in advance what
information is accurate, relevant, timely, and
complete.
(h) From subsection (e)(8) (Notice on
Individuals) because compliance would
interfere with DHS’s ability to obtain, serve,
and issue subpoenas, warrants, and other law
enforcement mechanisms that may be filed
under seal and could result in disclosure of
investigative techniques, procedures, and
evidence.
(i) From subsection (g)(1) (Civil Remedies)
to the extent that the system is exempt from
other specific subsections of the Privacy Act.
Lynn Parker Dupree,
Chief Privacy Officer, U.S. Department of
Homeland Security.
[FR Doc. 2021–21138 Filed 10–5–21; 8:45 am]
BILLING CODE 9111–14–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 110
[NRC–2014–0201]
RIN 3150–AJ45
Updates on the Export of Deuterium
Nuclear Regulatory
Commission.
ACTION: Final rule.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is revising its
regulations to remove the NRC’s
licensing authority for exports of
deuterium for non-nuclear end use. The
responsibility for the licensing of
exports of deuterium for non-nuclear
end use is being transferred to the
Department of Commerce’s Bureau of
Industry and Security. The Bureau of
Industry and Security is publishing a
final rule in this edition of the Federal
Register to include such exports under
its export licensing jurisdiction. Exports
of deuterium for nuclear end use will
remain under the NRC’s export
licensing jurisdiction.
DATES: This final rule is effective on
December 6, 2021.
ADDRESSES: Please refer to Docket ID
NRC–2014–0201 when contacting the
NRC about the availability of
information for this action. You may
SUMMARY:
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
obtain publicly-available information
related to this action by any of the
following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2014–0201. Address
questions about NRC dockets to Dawn
Forder; telephone: 301–415–3407;
email: Dawn.Forder@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘Begin Web-based ADAMS Search.’’ For
problems with ADAMS, please contact
the NRC’s Public Document Room (PDR)
reference staff at 1–800–397–4209, 301–
415–4737, or by email to pdr.resource@
nrc.gov. The ADAMS accession number
for each document referenced (if it is
available in ADAMS) is provided the
first time that it is mentioned in the
SUPPLEMENTARY INFORMATION section.
• Attention: The PDR, where you may
examine and order copies of public
documents is currently closed. You may
submit your request to the PDR via
email at pdr.resource@nrc.gov or call 1–
800–397–4209 between 8:00 a.m. and
4:00 p.m. (EST), Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Janice Owens, Office of International
Programs, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001; telephone: 301–287–9096; email:
Janice.Owens@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 109 of the Atomic Energy Act
of 1954 (AEA), as amended by the
Nuclear Non- Proliferation Act of 1978
(NNPA), authorizes and directs the
NRC, after consultation with the
Secretaries of State, Energy, and
Commerce, to exercise its export
licensing authority over ‘‘items or
substances’’ determined by the
Commission to be ‘‘especially relevant
from the standpoint of export control
because of their significance for nuclear
explosive purposes’’ (42 U.S.C. 2139(b)).
Since 1978, under this authority the
NRC has exercised jurisdiction over all
exports of deuterium, including heavy
water, as well as deuterium gas and
other deuterated compounds for both
nuclear and non-nuclear end uses. In
the early years of the nuclear energy
industry, deuterium oxide (heavy water)
E:\FR\FM\06OCR1.SGM
06OCR1
]]>Agencies
[Federal Register Volume 86, Number 191 (Wednesday, October 6, 2021)]
[Rules and Regulations]
[Pages 55475-55476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21138]
========================================================================
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.
========================================================================
Federal Register / Vol. 86, No. 191 / Wednesday, October 6, 2021 /
Rules and Regulations
[[Page 55475]]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2021-USCBP-2021-0036]
Privacy Act of 1974: Implementation of Exemptions; Department of
Homeland Security U.S. Customs and Border Protection-018 Customs Trade
Partnership Against Terrorism System of Records
AGENCY: U.S. Customs and Border Protection, U.S. Department of Homeland
Security.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Homeland Security (DHS) is issuing a
final rule to amend its regulations to exempt portions of a newly
updated and reissued system of records titled, ``DHS/U.S. Customs and
Border Protection-018 Customs Trade Partnership Against Terrorism
(CTPAT) System of Records'' from certain provisions of the Privacy Act.
Specifically, the Department exempts portions of this 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 October 6, 2021.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Debra Danisek, [email protected], (202) 344-1610, CBP Privacy
Officer, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue
NW, Washington, DC 20229. For privacy issues please contact: Lynn
Parker Dupree, (202) 343-1717, Chief Privacy Officer, Privacy Office,
U.S. Department of Homeland Security, Washington, DC 20528-0655.
SUPPLEMENTARY INFORMATION:
I. Background
The U.S. Department of Homeland Security (DHS) U.S. Customs and
Border Protection (CBP) published a notice of proposed rulemaking in
the Federal Register, 86 FR 15136 (March 22, 2021), 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. In concert with that rulemaking, DHS/CBP issued an
updated system of records notice, ``DHS/CBP-018 Customs Trade
Partnership Against Terrorism System of Records'' in the Federal
Register at 86 FR 15136 (March 22, 2021), outlining that (1) DHS/CBP
updated its description of how CBP collects and maintains information
pertaining to prospective, ineligible, current, or former trade
partners that participate in the CTPAT Program; other entities and
individuals in their supply chains; and members of foreign governments'
secure supply chain programs that have been recognized by CBP, through
a mutual recognition arrangement or comparable arrangement, as being
compatible with the CTPAT Program; (2) DHS/CBP expanded the categories
of records to include date of birth (DOB); country of birth; country of
citizenship; travel document number; immigration status information;
driver's license information; Trusted Traveler membership type and
number; Registro Federal de Contribuventes (RFC) Persona Fisica (for
Mexican Foreign Manufacturers, Highway Carriers, and Long Haul Carriers
Only); and the U.S. Social Security number beyond sole proprietors to
now include the collection from all individuals listed as associated
with partner companies; (3) to clarify that CTPAT members may also
submit information to DHS/CBP under the CTPAT Trade Compliance program,
to include importer self-assessments and other documentation; and (4)
to clarify and expand several previously issued routine uses.
DHS/CBP invited comments on both the Notice of Proposed Rulemaking
(NPRM) and System of Records Notice (SORN).
II. Public Comments
DHS received no comments on the NPRM and one non-substantive
comment on the SORN. After full consideration of the public comment,
the Department will implement the rulemaking as proposed for the
reasons described in the NPRM and as described here in the final rule.
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: 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. Amend Appendix C to part 5, by adding paragraph ``85'' to read as
follows:
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
85. The U.S. Department of Homeland Security (DHS)/U.S. Customs
and Border Protection (CBP)-018 Customs Trade Partnership Against
Terrorism (CTPAT) System of Records consists of electronic and paper
records and will be used by DHS and its components. The DHS/CBP-018
CTPAT 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 of civil and criminal
laws; investigations, inquiries, and proceedings thereunder; and
national security activities. The 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, pursuant to 5 U.S.C.
552a(j)(2), has exempted this system from the following provisions
of the Privacy Act, 5 U.S.C. 552a(c)(3), (c)(4); (d); (e)(1),
(e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8);
(f); and (g). Additionally, the Secretary of Homeland Security
pursuant to 5 U.S.C. 552a(k)(2) 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). 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:
[[Page 55476]]
(a) From subsection (c)(3) and (4) (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 when weighing and
evaluating all available information. Further, permitting amendment
to records after an investigation has been completed could impose
administrative burdens on investigators. 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 subsection (e)(2) (Collection of Information from
Individuals) because requiring that information be collected from
the subject of an investigation would alert the subject to the
nature or existence of the investigation, thereby interfering with
that investigation and related law enforcement activities.
(e) From subsection (e)(3) (Notice to Subjects) because
providing such detailed information could impede law enforcement by
compromising the existence of a confidential investigation or reveal
the identity of witnesses or confidential informants.
(f) 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.
(g) From subsection (e)(5) (Collection of Information) because
with the collection of information for law enforcement purposes, it
is impossible to determine in advance what information is accurate,
relevant, timely, and complete.
(h) From subsection (e)(8) (Notice on Individuals) because
compliance would interfere with DHS's ability to obtain, serve, and
issue subpoenas, warrants, and other law enforcement mechanisms that
may be filed under seal and could result in disclosure of
investigative techniques, procedures, and evidence.
(i) From subsection (g)(1) (Civil Remedies) to the extent that
the system is exempt from other specific subsections of the Privacy
Act.
Lynn Parker Dupree,
Chief Privacy Officer, U.S. Department of Homeland Security.
[FR Doc. 2021-21138 Filed 10-5-21; 8:45 am]
BILLING CODE 9111-14-P
