Privacy Act of 1974: Implementation of Exemptions; U.S. Department of Homeland Security/Office of the Immigration Detention Ombudsman-001 Office of the Immigration Detention Ombudsman System of Records, 69977-69978 [2021-26618]
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69977
Rules and Regulations
Federal Register
Vol. 86, No. 234
Thursday, December 9, 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–2021–0045]
Privacy Act of 1974: Implementation of
Exemptions; U.S. Department of
Homeland Security/Office of the
Immigration Detention Ombudsman–
001 Office of the Immigration Detention
Ombudsman System of Records
Office of the Immigration
Detention Ombudsman, U.S.
Department of Homeland Security.
AGENCY:
ACTION:
Final rule.
The U.S. Department of
Homeland Security is issuing a final
rule to amend its regulations to exempt
portions of a newly established system
of records titled, ‘‘DHS/Office of the
Immigration Detention Ombudsman
(OIDO)–001 Office of the Immigration
Detention Ombudsman System of
Records’’ from certain provisions of the
Privacy Act. Specifically, the
Department exempts portions of the
‘‘DHS/Office of the Immigration
Detention Ombudsman (OIDO)–001
Office of the Immigration Detention
Ombudsman 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
December 9, 2021.
DATES:
For
general and privacy questions, please
contact: Lynn Parker Dupree, (202) 343–
1717, Privacy@hq.dhs.gov, Chief Privacy
Officer, Privacy Office, U.S. Department
of Homeland Security, Washington, DC
20528–0655.
khammond on DSKJM1Z7X2PROD with RULES
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
16:33 Dec 08, 2021
Jkt 256001
Background
The U.S. Department of Homeland
Security (DHS) Office of the
Immigration Detention Ombudsman
(OIDO) published a notice of proposed
rulemaking in the Federal Register, 86
FR 49490 (September 3, 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. The system
of records is the DHS/OIDO–001 Office
of the Immigration Detention
Ombudsman System of Records. The
DHS/OIDO–001 Office of the
Immigration Detention Ombudsman
System of Records notice was published
concurrently in the Federal Register, 86
FR 49553 (September 3, 2021), and
comments were invited on both the
Notice of Proposed Rulemaking (NPRM)
and System of Records Notice (SORN).
OIDO is an independent office within
DHS tasked with reviewing and
resolving individual complaints and
providing independent oversight of
immigration detention facilities,
including conducting announced and
unannounced inspections, reviewing
contract terms for immigration
detention facilities and services, and
making recommendations and reporting
to Congress on findings. OIDO is
creating this system of records to collect
and maintain records related to
individual complaints from or about
individuals in immigration detention
regarding potential violations of law,
individual rights, standards of
professional conduct, contract terms, or
policy related to immigration detention
by any officer or employee of CBP or
ICE, or any contracted, subcontracted, or
cooperating entity personnel.
Consistent with DHS’s information
sharing mission, information stored in
the DHS/OIDO–001 Office of the
Immigration Detention Ombudsman
System of Records may be shared with
other DHS Components that have a need
to know the information to carry out
their national security, law enforcement,
immigration, intelligence, or other
homeland security functions. In
addition, DHS/OIDO may share
information with appropriate federal,
state, local, tribal, territorial, foreign, or
international government agencies
consistent with the routine uses set
forth in this system of records notice.
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
Public Comments
DHS received zero comments on the
Notice of Proposed Rulemaking and
zero comments on the System of
Records Notice. As such, 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. In appendix C to part 5, add
paragraph 87 to read as follows’’
■
Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
*
*
*
*
*
87. The DHS/OIDO–001 Office of the
Immigration Detention Ombudsman System
of Records consists of electronic and paper
records and will be used by DHS and its
components. The DHS/OIDO–001 Office of
the Immigration Detention Ombudsman
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, and investigations,
inquiries, and proceedings there under. The
DHS/OIDO–001 Office of the Immigration
Detention Ombudsman 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(k)(2) and (k)(5), has
exempted this system from the following
provisions of the Privacy Act: 5 U.S.C.
552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H),
(e)(4)(I); and (f). Where a record received
from another system has been exempted in
that source system under 5 U.S.C. 552a(j)(2),
(k)(2), or (k)(5), DHS will claim the same
exemptions for those records that are claimed
for the original primary systems of records
from which they originated and claims any
additional exemptions set forth here.
Exemptions from these particular
subsections are justified, on a case-by-case
E:\FR\FM\09DER1.SGM
09DER1
khammond on DSKJM1Z7X2PROD with RULES
69978
Federal Register / Vol. 86, No. 234 / Thursday, December 9, 2021 / Rules and Regulations
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 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 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. When an
investigation has been completed,
information on disclosures made may
continue to be exempted if the fact that an
investigation occurred remains sensitive after
completion.
(b) From subsection (d) (Access and
Amendment 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. Further, permitting
amendment to law enforcement records after
an investigation has been completed would
impose an unmanageable administrative
burden. 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
VerDate Sep<11>2014
16:33 Dec 08, 2021
Jkt 256001
of witnesses, and potential witnesses, and
confidential informants.
Lynn Parker Dupree,
Chief Privacy Officer, U.S. Department of
Homeland Security.
[FR Doc. 2021–26618 Filed 12–8–21; 8:45 am]
BILLING CODE 9112–AS–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
[NRC–2021–0161]
RIN 3150–AK69
List of Approved Spent Fuel Storage
Casks: TN Americas LLC, TN–68 Dry
Storage Cask, Certificate of
Compliance No. 1027, Renewal of
Initial Certificate and Amendment No. 1
Nuclear Regulatory
Commission.
ACTION: Direct final rule.
AGENCY:
Table of Contents
The U.S. Nuclear Regulatory
Commission (NRC) is amending its
spent fuel storage regulations by
revising the TN Americas LLC, TN–68
Dry Storage Cask listing within the ‘‘List
of approved spent fuel storage casks’’ to
renew, for an additional 40 years, the
initial certificate and Amendment No. 1
of Certificate of Compliance No. 1027.
The renewal of the initial certificate and
Amendment No. 1 revises the certificate
of compliance’s conditions and
technical specifications to address aging
management activities related to the
structures, systems, and components
(SSCs) of the dry storage system to
ensure that the SSCs will maintain their
intended functions during the period of
extended storage operations.
DATES: This direct final rule is effective
February 22, 2022, unless significant
adverse comments are received by
January 10, 2022. If this direct final rule
is withdrawn as a result of such
comments, timely notice of the
withdrawal will be published in the
Federal Register. Comments received
after this date will be considered if it is
practical to do so, but the NRC is able
to ensure consideration only for
comments received on or before this
date. Comments received on this direct
final rule will also be considered to be
comments on a companion proposed
rule published in the Proposed Rules
section of this issue of the Federal
Register.
SUMMARY:
Submit your comments,
identified by Docket ID NRC–2021–
0161, at https://www.regulations.gov. If
your material cannot be submitted using
ADDRESSES:
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
https://www.regulations.gov, call or
email the individuals listed in the FOR
FURTHER INFORMATION CONTACT section of
this document for alternate instructions.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Christian Jacobs, Office of Nuclear
Material Safety and Safeguards,
telephone: 301–415–6825, email:
Christian.Jacobs@nrc.gov and Solomon
Sahle, Office of Nuclear Material Safety
and Safeguards, telephone: 301–415–
3781, email: Solomon.Sahle@nrc.gov.
Both are staff of the U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting
Comments
II. Rulemaking Procedure
III. Background
IV. Discussion of Changes
V. Voluntary Consensus Standards
VI. Agreement State Compatibility
VII. Plain Writing
VIII. Environmental Assessment and Finding
of No Significant Impact
IX. Paperwork Reduction Act Statement
X. Regulatory Flexibility Certification
XI. Regulatory Analysis
XII. Backfitting and Issue Finality
XIII. Congressional Review Act
XIV. Availability of Documents
I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2021–
0161 when contacting the NRC about
the availability of information for this
action. You may 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–2021–0161. Address
questions about NRC dockets to Dawn
Forder, telephone: 301–415–3407,
email: Dawn.Forder@nrc.gov. For
technical questions, contact the
individuals listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publicly
available 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
E:\FR\FM\09DER1.SGM
09DER1
]]>Agencies
[Federal Register Volume 86, Number 234 (Thursday, December 9, 2021)]
[Rules and Regulations]
[Pages 69977-69978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26618]
========================================================================
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. 234 / Thursday, December 9, 2021 /
Rules and Regulations
[[Page 69977]]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2021-0045]
Privacy Act of 1974: Implementation of Exemptions; U.S.
Department of Homeland Security/Office of the Immigration Detention
Ombudsman-001 Office of the Immigration Detention Ombudsman System of
Records
AGENCY: Office of the Immigration Detention Ombudsman, U.S. Department
of Homeland Security.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Homeland Security is issuing a final
rule to amend its regulations to exempt portions of a newly established
system of records titled, ``DHS/Office of the Immigration Detention
Ombudsman (OIDO)-001 Office of the Immigration Detention Ombudsman
System of Records'' from certain provisions of the Privacy Act.
Specifically, the Department exempts portions of the ``DHS/Office of
the Immigration Detention Ombudsman (OIDO)-001 Office of the
Immigration Detention Ombudsman 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 December 9, 2021.
FOR FURTHER INFORMATION CONTACT: For general and privacy questions,
please contact: Lynn Parker Dupree, (202) 343-1717, [email protected],
Chief Privacy Officer, Privacy Office, U.S. Department of Homeland
Security, Washington, DC 20528-0655.
SUPPLEMENTARY INFORMATION:
Background
The U.S. Department of Homeland Security (DHS) Office of the
Immigration Detention Ombudsman (OIDO) published a notice of proposed
rulemaking in the Federal Register, 86 FR 49490 (September 3, 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. The system of records is the
DHS/OIDO-001 Office of the Immigration Detention Ombudsman System of
Records. The DHS/OIDO-001 Office of the Immigration Detention Ombudsman
System of Records notice was published concurrently in the Federal
Register, 86 FR 49553 (September 3, 2021), and comments were invited on
both the Notice of Proposed Rulemaking (NPRM) and System of Records
Notice (SORN).
OIDO is an independent office within DHS tasked with reviewing and
resolving individual complaints and providing independent oversight of
immigration detention facilities, including conducting announced and
unannounced inspections, reviewing contract terms for immigration
detention facilities and services, and making recommendations and
reporting to Congress on findings. OIDO is creating this system of
records to collect and maintain records related to individual
complaints from or about individuals in immigration detention regarding
potential violations of law, individual rights, standards of
professional conduct, contract terms, or policy related to immigration
detention by any officer or employee of CBP or ICE, or any contracted,
subcontracted, or cooperating entity personnel.
Consistent with DHS's information sharing mission, information
stored in the DHS/OIDO-001 Office of the Immigration Detention
Ombudsman System of Records may be shared with other DHS Components
that have a need to know the information to carry out their national
security, law enforcement, immigration, intelligence, or other homeland
security functions. In addition, DHS/OIDO may share information with
appropriate federal, state, local, tribal, territorial, foreign, or
international government agencies consistent with the routine uses set
forth in this system of records notice.
Public Comments
DHS received zero comments on the Notice of Proposed Rulemaking and
zero comments on the System of Records Notice. As such, 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
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. In appendix C to part 5, add paragraph 87 to read as follows''
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
87. The DHS/OIDO-001 Office of the Immigration Detention
Ombudsman System of Records consists of electronic and paper records
and will be used by DHS and its components. The DHS/OIDO-001 Office
of the Immigration Detention Ombudsman 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, and investigations,
inquiries, and proceedings there under. The DHS/OIDO-001 Office of
the Immigration Detention Ombudsman 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(k)(2) and (k)(5), has exempted this system from the following
provisions of the Privacy Act: 5 U.S.C. 552a(c)(3); (d); (e)(1),
(e)(4)(G), (e)(4)(H), (e)(4)(I); and (f). Where a record received
from another system has been exempted in that source system under 5
U.S.C. 552a(j)(2), (k)(2), or (k)(5), DHS will claim the same
exemptions for those records that are claimed for the original
primary systems of records from which they originated and claims any
additional exemptions set forth here.
Exemptions from these particular subsections are justified, on a
case-by-case
[[Page 69978]]
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 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 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. When an investigation has been completed,
information on disclosures made may continue to be exempted if the
fact that an investigation occurred remains sensitive after
completion.
(b) From subsection (d) (Access and Amendment 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. Further,
permitting amendment to law enforcement records after an
investigation has been completed would impose an unmanageable
administrative burden. 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.
Lynn Parker Dupree,
Chief Privacy Officer, U.S. Department of Homeland Security.
[FR Doc. 2021-26618 Filed 12-8-21; 8:45 am]
BILLING CODE 9112-AS-P
