Privacy Act Exemption for AssuranceNet, 16105-16107 [2022-05745]
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16105
Proposed Rules
Federal Register
Vol. 87, No. 55
Tuesday, March 22, 2022
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 390
[Docket Number FSIS–2019–0012]
RIN 0583–AD82
Privacy Act Exemption for
AssuranceNet
Food Safety and Inspection
Service, USDA.
ACTION: Proposed rule.
AGENCY:
The Food Safety and
Inspection Service (FSIS) is proposing
to exempt certain records maintained by
its AssuranceNet (ANet) system of
records from the notification and access
provisions of Privacy Act of 1974
(Privacy Act). FSIS is proposing these
exemptions because the information in
the SORN is directly associated with
investigations conducted by FSIS for
law enforcement purposes. A notice of
system of records for USDA/FSIS–0005,
AssuranceNet (ANet) is also published
in this issue of the Federal Register.
DATES: Comments must be received on
or before May 23, 2022.
ADDRESSES: FSIS invites interested
persons to submit comments on the
proposed rule. Comments may be
submitted by one of the following
methods:
• Federal eRulemaking Portal: This
website provides the ability to type
short comments directly into the
comment field on this web page or
attach a file for lengthier comments. Go
to https://www.regulations.gov. Follow
the on-line instructions at that site for
submitting comments.
• Mail: Send to Docket Clerk, U.S.
Department of Agriculture, Food Safety
and Inspection Service, 1400
Independence Avenue SW, Mailstop
3758, Washington, DC 20250–3700.
• Hand- or Courier-Delivered
Submittals: Deliver to 1400
Independence Avenue SW, Jamie L.
Whitten Building, Room 350–E,
Washington, DC 20250–3700.
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SUMMARY:
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18:33 Mar 21, 2022
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Instructions: All items submitted by
mail or electronic mail must include the
Agency name and docket number FSIS–
2019–0012. Comments received in
response to this docket will be made
available for public inspection and
posted without change, including any
personal information, to https://
www.regulations.gov.
Docket: For access to background
documents or comments received, call
(202) 720–5627 to schedule a time to
visit the FSIS Docket Room at 1400
Independence Avenue SW, Washington,
DC 20250–3700.
FOR FURTHER INFORMATION CONTACT:
Scott Safian, AssuranceNet System
Owner/Manager, Enforcement and
Litigation Division, Office of
Investigation, Enforcement and Audit,
Food Safety and Inspection Service, 355
E Street SW, Room 8–205, Washington,
DC 20024, (202) 418–8872.
For Privacy Questions: Privacy Office,
Office of the Chief Information Officer,
USDA, 1400 Independence Ave. SW,
Room 0055, Washington, DC 20250;
Telephone 202–619–8503.
SUPPLEMENTARY INFORMATION:
Background
FSIS is the public health regulatory
agency in the USDA that is responsible
for ensuring that the nation’s
commercial supply of meat, poultry,
and egg products is safe, wholesome,
and accurately labeled and packaged.
ANet is a management control and
performance monitoring system that
gathers information from electronic and
paper-based sources to enable FSIS to
track, measure, and monitor the
performance of its and its state partners’
critical public health functions and to
alert FSIS management to areas of
vulnerability or concern. ANet tracks,
measures, and monitors the
performance of the key public health
functions of inspection, verification,
surveillance, enforcement, and sampling
by FSIS and state meat and poultry
inspection program employees. The data
and tools of ANet are used to analyze
the effectiveness of policies and
procedures in meeting public health
goals and objectives and to help ensure
that methods, evaluations, and
enforcement are standardized and
traceable nationwide. The Agency also
uses data analysis in and through ANet
to discern trends; to develop objectives
for regulatory food safety functions; to
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Sfmt 4702
identify and focus on areas of high-risk;
and to help determine strategies to
combat threats to food safety and
defense.
FSIS is proposing to exempt
investigatory material, compiled and
maintained by ANet for law
enforcement purposes, from certain
provisions of the Privacy Act.
Privacy Act
The Privacy Act of 1974, 5 U.S.C.
552a, governs the collection,
maintenance, use, and dissemination of
information about individuals that is
maintained in a system of records. A
system of records is a group of records
under the control of an agency from
which information is retrieved by the
individual’s name or some other
personal identifier assigned to that
individual. The Privacy Act requires
agencies to publish a system of records
notice (SORN) for every system of
records that it maintains. A SORN
informs the public of the existence of a
system of records and describes the type
of information collected, why it is being
collected, what it may be used for, when
it may be disclosed to third parties, how
it will be safeguarded, and how and
when it will be destroyed. A notice of
system of records for USDA/FSIS–0005,
AssuranceNet (ANet) is also published
in this issue of the Federal Register. A
Privacy Impact Assessment is posted on
https://www.usda.gov/home/privacypolicy/privacy-impact-assessments.
An Agency that wants to exempt
portions of some systems of records
from certain provisions of the Privacy
Act must promulgate regulations to
notify the public and explain the
reasons why a particular exemption is
claimed. FSIS is proposing to exempt
certain investigatory records maintained
by the ANet system of records from the
notification and access provisions of the
Privacy Act under 5 U.S.C. 552a(c)(3),
(d)(1)–(4), (e)(1) (e)(4)(G)–(I), and (f).
Specifically, ANet includes
investigatory material compiled for law
enforcement, which fall under the
Privacy Act exemptions 5 U.S.C.
552a(k). FSIS is proposing these
exemptions because the information
contained in the SORN is directly
associated with investigations
conducted by FSIS for law enforcement
purposes. The proposed exemptions
would protect the information on the
methods used in law enforcement
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Federal Register / Vol. 87, No. 55 / Tuesday, March 22, 2022 / Proposed Rules
activities from those individuals who
are subjects to the investigation and the
identities and physical safety of
witnesses and others who aid in
investigations. In addition, the
exemptions ensure FSIS’s ability to
obtain information from third parties
and safeguards those investigatory
records that are needed for litigation.
Executive Orders 12866 and 13563, and
the Regulatory Flexibility Act
E.O.s 12866 and 13563 direct agencies
to assess all costs and benefits of
available regulatory alternatives and, if
regulation is necessary, to select
regulatory approaches that maximize
net benefits (including potential
economic, environmental, public health
and safety benefits, distributive impacts,
and equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This proposed rule has been
designated as a ‘‘non-significant’’
regulatory action under section 3(f) of
E.O. 12866. Accordingly, the rule has
not been reviewed by the Office of
Management and Budget (OMB) under
E.O. 12866. FSIS anticipates no costs or
benefits accruing from this proposal.
Executive Order 13175
This proposed rule will have no
implications for Indian Tribal
governments. More Specifically, it does
not have substantial direct effects on
one or more Indian tribes, on the
relationship between the Federal
government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
government and Indian tribes.
Therefore, the consultation
requirements of Executive Order 13175
do not apply.
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Paperwork Reduction Act
There are no new paperwork or
recordkeeping requirements associated
with this final rule under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
USDA Non-Discrimination Statement
In accordance with Federal civil
rights law and U.S. Department of
Agriculture (USDA) civil rights
regulations and policies, the USDA, its
Agencies, offices, and employees, and
institutions participating in or
administering USDA programs are
prohibited from discriminating based on
race, color, national origin, religion, sex,
gender identity (including gender
expression), sexual orientation,
disability, age, marital status, family/
parental status, income derived from a
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16:35 Mar 21, 2022
Jkt 256001
public assistance program, political
beliefs, or reprisal or retaliation for prior
civil rights activity, in any program or
activity conducted or funded by USDA
(not all bases apply to all programs).
Remedies and complaint filing
deadlines vary by program or incident.
Persons with disabilities who require
alternative means of communication for
program information (e.g., Braille, large
print, audiotape, American Sign
Language, etc.) should contact the
responsible Agency or USDA’s TARGET
Center at (202) 720–2600 (voice and
TTY) or contact USDA through the
Federal Relay Service at (800) 877–8339.
Additionally, program information may
be made available in languages other
than English.
To file a program discrimination
complaint, complete the USDA Program
Discrimination Complaint Form, AD–
3027, found online at https://
www.usda.gov/oascr/how-to-file-aprogram-discrimination-complaint and
at any USDA office or write a letter
addressed to USDA and provide in the
letter all of the information requested in
the form. To request a copy of the
complaint form, call (866) 632–9992.
Submit your completed form or letter to
USDA by: (1) Mail: U.S. Department of
Agriculture, Office of the Assistant
Secretary for Civil Rights, 1400
Independence Avenue SW, Washington,
DC 20250–9410; (2) fax: (202) 690–7442;
or (3) email: program.intake@usda.gov.
Additional Public Notification
Public awareness of all segments of
rulemaking and policy development is
important. Consequently, FSIS will
announce this Federal Register
publication on-line through the FSIS
web page located at: https://
www.fsis.usda.gov/federal-register.
FSIS also will make copies of this
publication available through the FSIS
Constituent Update, which is used to
provide information regarding FSIS
policies, procedures, regulations,
Federal Register notices, FSIS public
meetings, and other types of information
that could affect or would be of interest
to our constituents and stakeholders.
The Constituent Update is available on
the FSIS web page. Through the web
page, FSIS is able to provide
information to a much broader, more
diverse audience. In addition, FSIS
offers an email subscription service
which provides automatic and
customized access to selected food
safety news and information. This
service is available at: https://
www.fsis.usda.gov/subscribe. Options
range from recalls to export information,
regulations, directives, and notices.
Customers can add or delete
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subscriptions themselves and have the
option to password protect their
accounts.
List of Subjects in 9 CFR Part 390
Freedom of Information, Privacy.
For the reasons stated in the
preamble, FSIS is proposing to amend 9
CFR part 390 as follows:
■ 1. Revise the authority citation for part
390 to read as follows:
Authority: 5 U.S.C. 301, 552, 552a; 21
U.S.C. 451–472, 601–695; 7 CFR 1.3, 2.7.
■
2. Add § 390.11 to read as follows:
§ 390.11 FSIS systems of records exempt
from the Privacy Act.
(a) The USDA/FSIS–0005,
AssuranceNet system of records is
exempt from subsections (c)(3), (d)(1)–
(4), (e)(1), (e)(4)(G)–(I), and (f) of the
Privacy Act, 5 U.S.C. 552a, to the extent
it contains investigatory material
compiled for law enforcement purposes
in accordance with 5 U.S.C. 552a(k) (2).
Exemptions from the particular
subsections are justified for the
following reasons:
(1) From subsection (c)(3) because the
release of the disclosure accounting
would permit the subject of an
investigation to obtain valuable
information concerning the nature of
that investigation. This would permit
record subjects to impede the
investigation, e.g., destroy evidence,
intimidate potential witnesses, or flee
the area to avoid inquiries or
apprehension by law enforcement
personnel.
(2) From subsection (d)(1) because the
records contained in this system relate
to official federal investigations and
matters of law enforcement. Individual
access to these records might
compromise ongoing or impending
investigations, reveal confidential
informants or constitute unwarranted
invasions of the personal privacy of
third parties who are involved in a
certain investigation.
(3) From section (d) (2) because
amendment of the records would
interfere with ongoing law enforcement
proceedings and impose an impossible
administrative burden by requiring
investigations to be continuously
reinvestigated.
(4) From subsections (d)(3) and (4)
because these subsections are
inapplicable to the extent exemption is
claimed from (d)(1) and (2).
(5) From subsection (e) (1) it is often
impossible to determine in advance if
investigatory information contained in
this system is accurate, relevant, timely
and complete, but, in the interests of
effective law enforcement, it is
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Federal Register / Vol. 87, No. 55 / Tuesday, March 22, 2022 / Proposed Rules
necessary to retain this information to
aid in establishing patterns of activity
and provide investigative leads.
Moreover, it would impede the specific
investigative process if it were necessary
to assure the relevance, accuracy,
timeliness and completeness of all
information obtained.
(6) From subsections (e)(4) (G) and (H)
since an exemption being claimed for
subsection (d) makes these subsections
inapplicable.
(7) From subsection (e)(4)(I) because
the categories of sources of the records
in this system have been published in
the Federal Register in broad generic
terms in the belief that this is all that
subsection (e)(4)(I) of the Act requires.
In the event, however, that this
subsection should be interpreted to
require more detail as to the identity of
sources of the records in the system,
exemption from this provision is
necessary in order to protect the
confidentiality of the sources of
enforcement information and of
witnesses and informants.
(8) From subsection (f) to the extent
that the system is exempt from other
specific subsections of the Privacy Act.
Done in Washington, DC.
Paul Kiecker,
Administrator.
[FR Doc. 2022–05745 Filed 3–21–22; 8:45 am]
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 3410–DM–P
Chief Freedom Information Act Officer
Lisa Terry at lisa.terry@exim.gov; (202)
565–3290.
SUPPLEMENTARY INFORMATION:
EXPORT-IMPORT BANK
12 CFR Part 404
I. Background
[Docket No. EIB–2022–0001]
EXIM is proposing revisions to its
regulations under the FOIA, 5 U.S.C.
552. The revisions incorporate changes
in law under the FOIA Improvement
Act of 2016, developments in case law,
and changes in Federal and EXIM
policies. While incorporating these
changes, EXIM has also sought to
simplify and clarify its regulations. Due
to the scope of the proposed revisions,
the proposed rule would replace EXIM’s
current FOIA regulations in their
entirety (12 CFR 404.1 through 404.11).
Freedom of Information Act
Requirements
Export-Import Bank of the
United States.
ACTION: Proposed rule.
AGENCY:
The Export-Import Bank of
the United States (EXIM) is publishing
for comment proposed revisions to its
regulations under the Freedom of
Information Act (FOIA). The revisions
are intended to incorporate amendments
to the FOIA under the FOIA
Improvement Act of 2016,
developments in the case law, and
changes in Federal and EXIM policies.
The proposed revisions are also
intended to clarify procedural
requirements. The proposed revisions
occur throughout the FOIA regulations
and are predominantly procedural in
nature.
SUMMARY:
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You may submit comments
by any of the following methods:
• The Federal eRulemaking Portal
located at https://www.regulations.gov,
following the instructions for providing
comment;
• Email to foia@exim.gov, including
‘‘Proposed Rule Comments’’ in the
subject line.
• Mail to the Chief Freedom of
Information Act Officer, Export-Import
Bank of the United States, 811 Vermont
Ave. NW, Washington, DC 20571; and
Instructions: All submissions should
refer to File Number EIB–2022–0001. To
help us process and review your
comments more efficiently, please use
only one method of providing
comments. Comments submitted by
mail will be accepted as timely if they
are postmarked on or before April 21,
2022. Electronic comments may be
submitted via www.regulations.gov prior
to midnight Eastern Standard Time on
April 21, 2022. Comments submitted via
email will be accepted as timely if they
are date stamped on or before the
comment date.
Do not include any sensitive
information in your submission. All
comments received will be posted
without change to regulations.gov,
including any personal information
provided.
ADDRESSES:
Comments should be received by
April 21, 2022.
DATES:
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16:35 Mar 21, 2022
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II. Discussion of Changes in Proposed
Rule
The numbered paragraphs
immediately below provide an overview
of the proposed changes to the
regulations. At the conclusion of this
preamble, the new proposed regulations
are set forth in their entirety.
1. Amended: Authority
The authority citation for part 404
would be amended to include
additional cites to EXIM’s statutory
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16107
charter (12 U.S.C. 635(a)(1)) and the
rulemaking provisions of the
Administrative Procedures Act (5 U.S.C.
553). Citations to Executive orders
imposing administrative requirements
on EXIM would be removed. The
amended general authority would be 12
U.S.C. 635(a)(1); 5 U.S.C. 552, 5 U.S.C.
552(a), 5 U.S.C. 553.
2. Redesignate §§ 404.24 Through
404.36
Old section
404.24
404.25
404.26
404.27
404.28
404.29
404.30
404.31
404.32
404.33
404.34
404.35
404.36
New section
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
404.26
404.27
404.28
404.29
404.30
404.31
404.32
404.33
404.34
404.35
404.36
404.37
404.38
3. Redesignate §§ 404.12 Through
404.23
Old section
404.12
404.13
404.14
404.15
404.16
404.17
404.18
404.19
404.20
404.21
404.22
404.23
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
New section
404.14
404.15
404.16
404.17
404.18
404.19
404.20
404.21
404.22
404.23
404.24
404.25
4. Amended: § 404.1, General Provisions
This section would be amended to
clarify the purpose and scope of the
FOIA regulations and to remove the
current paragraph (b) setting forth EXIM
policy. EXIM policies comply with the
FOIA and related guidance, as set forth
in the remainder of the regulations, and
the current (un-amended) paragraph (b)
is either duplicative or could cause
confusion.
Current paragraphs (d) and (e)
describe EXIM’s proactive disclosures
and provide EXIM’s internet address
and mailing address. This information
would be amended and moved to
proposed §§ 404.2, Proactive
disclosures, and 404.3, Request
requirements.
5. Removed: Current § 404.2, Definitions
This section would be eliminated,
with most of the definitions relocated to
the sections in which the defined terms
are used. The majority of the relocated
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]]>Agencies
[Federal Register Volume 87, Number 55 (Tuesday, March 22, 2022)]
[Proposed Rules]
[Pages 16105-16107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05745]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 87, No. 55 / Tuesday, March 22, 2022 /
Proposed Rules
[[Page 16105]]
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 390
[Docket Number FSIS-2019-0012]
RIN 0583-AD82
Privacy Act Exemption for AssuranceNet
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Food Safety and Inspection Service (FSIS) is proposing to
exempt certain records maintained by its AssuranceNet (ANet) system of
records from the notification and access provisions of Privacy Act of
1974 (Privacy Act). FSIS is proposing these exemptions because the
information in the SORN is directly associated with investigations
conducted by FSIS for law enforcement purposes. A notice of system of
records for USDA/FSIS-0005, AssuranceNet (ANet) is also published in
this issue of the Federal Register.
DATES: Comments must be received on or before May 23, 2022.
ADDRESSES: FSIS invites interested persons to submit comments on the
proposed rule. Comments may be submitted by one of the following
methods:
Federal eRulemaking Portal: This website provides the
ability to type short comments directly into the comment field on this
web page or attach a file for lengthier comments. Go to https://www.regulations.gov. Follow the on-line instructions at that site for
submitting comments.
Mail: Send to Docket Clerk, U.S. Department of
Agriculture, Food Safety and Inspection Service, 1400 Independence
Avenue SW, Mailstop 3758, Washington, DC 20250-3700.
Hand- or Courier-Delivered Submittals: Deliver to 1400
Independence Avenue SW, Jamie L. Whitten Building, Room 350-E,
Washington, DC 20250-3700.
Instructions: All items submitted by mail or electronic mail must
include the Agency name and docket number FSIS-2019-0012. Comments
received in response to this docket will be made available for public
inspection and posted without change, including any personal
information, to https://www.regulations.gov.
Docket: For access to background documents or comments received,
call (202) 720-5627 to schedule a time to visit the FSIS Docket Room at
1400 Independence Avenue SW, Washington, DC 20250-3700.
FOR FURTHER INFORMATION CONTACT: Scott Safian, AssuranceNet System
Owner/Manager, Enforcement and Litigation Division, Office of
Investigation, Enforcement and Audit, Food Safety and Inspection
Service, 355 E Street SW, Room 8-205, Washington, DC 20024, (202) 418-
8872.
For Privacy Questions: Privacy Office, Office of the Chief
Information Officer, USDA, 1400 Independence Ave. SW, Room 0055,
Washington, DC 20250; Telephone 202-619-8503.
SUPPLEMENTARY INFORMATION:
Background
FSIS is the public health regulatory agency in the USDA that is
responsible for ensuring that the nation's commercial supply of meat,
poultry, and egg products is safe, wholesome, and accurately labeled
and packaged. ANet is a management control and performance monitoring
system that gathers information from electronic and paper-based sources
to enable FSIS to track, measure, and monitor the performance of its
and its state partners' critical public health functions and to alert
FSIS management to areas of vulnerability or concern. ANet tracks,
measures, and monitors the performance of the key public health
functions of inspection, verification, surveillance, enforcement, and
sampling by FSIS and state meat and poultry inspection program
employees. The data and tools of ANet are used to analyze the
effectiveness of policies and procedures in meeting public health goals
and objectives and to help ensure that methods, evaluations, and
enforcement are standardized and traceable nationwide. The Agency also
uses data analysis in and through ANet to discern trends; to develop
objectives for regulatory food safety functions; to identify and focus
on areas of high-risk; and to help determine strategies to combat
threats to food safety and defense.
FSIS is proposing to exempt investigatory material, compiled and
maintained by ANet for law enforcement purposes, from certain
provisions of the Privacy Act.
Privacy Act
The Privacy Act of 1974, 5 U.S.C. 552a, governs the collection,
maintenance, use, and dissemination of information about individuals
that is maintained in a system of records. A system of records is a
group of records under the control of an agency from which information
is retrieved by the individual's name or some other personal identifier
assigned to that individual. The Privacy Act requires agencies to
publish a system of records notice (SORN) for every system of records
that it maintains. A SORN informs the public of the existence of a
system of records and describes the type of information collected, why
it is being collected, what it may be used for, when it may be
disclosed to third parties, how it will be safeguarded, and how and
when it will be destroyed. A notice of system of records for USDA/FSIS-
0005, AssuranceNet (ANet) is also published in this issue of the
Federal Register. A Privacy Impact Assessment is posted on https://www.usda.gov/home/privacy-policy/privacy-impact-assessments.
An Agency that wants to exempt portions of some systems of records
from certain provisions of the Privacy Act must promulgate regulations
to notify the public and explain the reasons why a particular exemption
is claimed. FSIS is proposing to exempt certain investigatory records
maintained by the ANet system of records from the notification and
access provisions of the Privacy Act under 5 U.S.C. 552a(c)(3), (d)(1)-
(4), (e)(1) (e)(4)(G)-(I), and (f). Specifically, ANet includes
investigatory material compiled for law enforcement, which fall under
the Privacy Act exemptions 5 U.S.C. 552a(k). FSIS is proposing these
exemptions because the information contained in the SORN is directly
associated with investigations conducted by FSIS for law enforcement
purposes. The proposed exemptions would protect the information on the
methods used in law enforcement
[[Page 16106]]
activities from those individuals who are subjects to the investigation
and the identities and physical safety of witnesses and others who aid
in investigations. In addition, the exemptions ensure FSIS's ability to
obtain information from third parties and safeguards those
investigatory records that are needed for litigation.
Executive Orders 12866 and 13563, and the Regulatory Flexibility Act
E.O.s 12866 and 13563 direct agencies to assess all costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits
(including potential economic, environmental, public health and safety
benefits, distributive impacts, and equity). E.O. 13563 emphasizes the
importance of quantifying both costs and benefits, of reducing costs,
of harmonizing rules, and of promoting flexibility. This proposed rule
has been designated as a ``non-significant'' regulatory action under
section 3(f) of E.O. 12866. Accordingly, the rule has not been reviewed
by the Office of Management and Budget (OMB) under E.O. 12866. FSIS
anticipates no costs or benefits accruing from this proposal.
Executive Order 13175
This proposed rule will have no implications for Indian Tribal
governments. More Specifically, it does not have substantial direct
effects on one or more Indian tribes, on the relationship between the
Federal government and Indian tribes, or on the distribution of power
and responsibilities between the Federal government and Indian tribes.
Therefore, the consultation requirements of Executive Order 13175 do
not apply.
Paperwork Reduction Act
There are no new paperwork or recordkeeping requirements associated
with this final rule under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501-3520).
USDA Non-Discrimination Statement
In accordance with Federal civil rights law and U.S. Department of
Agriculture (USDA) civil rights regulations and policies, the USDA, its
Agencies, offices, and employees, and institutions participating in or
administering USDA programs are prohibited from discriminating based on
race, color, national origin, religion, sex, gender identity (including
gender expression), sexual orientation, disability, age, marital
status, family/parental status, income derived from a public assistance
program, political beliefs, or reprisal or retaliation for prior civil
rights activity, in any program or activity conducted or funded by USDA
(not all bases apply to all programs). Remedies and complaint filing
deadlines vary by program or incident.
Persons with disabilities who require alternative means of
communication for program information (e.g., Braille, large print,
audiotape, American Sign Language, etc.) should contact the responsible
Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or
contact USDA through the Federal Relay Service at (800) 877-8339.
Additionally, program information may be made available in languages
other than English.
To file a program discrimination complaint, complete the USDA
Program Discrimination Complaint Form, AD-3027, found online at https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint and
at any USDA office or write a letter addressed to USDA and provide in
the letter all of the information requested in the form. To request a
copy of the complaint form, call (866) 632-9992. Submit your completed
form or letter to USDA by: (1) Mail: U.S. Department of Agriculture,
Office of the Assistant Secretary for Civil Rights, 1400 Independence
Avenue SW, Washington, DC 20250-9410; (2) fax: (202) 690-7442; or (3)
email: [email protected].
Additional Public Notification
Public awareness of all segments of rulemaking and policy
development is important. Consequently, FSIS will announce this Federal
Register publication on-line through the FSIS web page located at:
https://www.fsis.usda.gov/federal-register.
FSIS also will make copies of this publication available through
the FSIS Constituent Update, which is used to provide information
regarding FSIS policies, procedures, regulations, Federal Register
notices, FSIS public meetings, and other types of information that
could affect or would be of interest to our constituents and
stakeholders. The Constituent Update is available on the FSIS web page.
Through the web page, FSIS is able to provide information to a much
broader, more diverse audience. In addition, FSIS offers an email
subscription service which provides automatic and customized access to
selected food safety news and information. This service is available
at: https://www.fsis.usda.gov/subscribe. Options range from recalls to
export information, regulations, directives, and notices. Customers can
add or delete subscriptions themselves and have the option to password
protect their accounts.
List of Subjects in 9 CFR Part 390
Freedom of Information, Privacy.
For the reasons stated in the preamble, FSIS is proposing to amend
9 CFR part 390 as follows:
0
1. Revise the authority citation for part 390 to read as follows:
Authority: 5 U.S.C. 301, 552, 552a; 21 U.S.C. 451-472, 601-695;
7 CFR 1.3, 2.7.
0
2. Add Sec. 390.11 to read as follows:
Sec. 390.11 FSIS systems of records exempt from the Privacy Act.
(a) The USDA/FSIS-0005, AssuranceNet system of records is exempt
from subsections (c)(3), (d)(1)-(4), (e)(1), (e)(4)(G)-(I), and (f) of
the Privacy Act, 5 U.S.C. 552a, to the extent it contains investigatory
material compiled for law enforcement purposes in accordance with 5
U.S.C. 552a(k) (2). Exemptions from the particular subsections are
justified for the following reasons:
(1) From subsection (c)(3) because the release of the disclosure
accounting would permit the subject of an investigation to obtain
valuable information concerning the nature of that investigation. This
would permit record subjects to impede the investigation, e.g., destroy
evidence, intimidate potential witnesses, or flee the area to avoid
inquiries or apprehension by law enforcement personnel.
(2) From subsection (d)(1) because the records contained in this
system relate to official federal investigations and matters of law
enforcement. Individual access to these records might compromise
ongoing or impending investigations, reveal confidential informants or
constitute unwarranted invasions of the personal privacy of third
parties who are involved in a certain investigation.
(3) From section (d) (2) because amendment of the records would
interfere with ongoing law enforcement proceedings and impose an
impossible administrative burden by requiring investigations to be
continuously reinvestigated.
(4) From subsections (d)(3) and (4) because these subsections are
inapplicable to the extent exemption is claimed from (d)(1) and (2).
(5) From subsection (e) (1) it is often impossible to determine in
advance if investigatory information contained in this system is
accurate, relevant, timely and complete, but, in the interests of
effective law enforcement, it is
[[Page 16107]]
necessary to retain this information to aid in establishing patterns of
activity and provide investigative leads. Moreover, it would impede the
specific investigative process if it were necessary to assure the
relevance, accuracy, timeliness and completeness of all information
obtained.
(6) From subsections (e)(4) (G) and (H) since an exemption being
claimed for subsection (d) makes these subsections inapplicable.
(7) From subsection (e)(4)(I) because the categories of sources of
the records in this system have been published in the Federal Register
in broad generic terms in the belief that this is all that subsection
(e)(4)(I) of the Act requires. In the event, however, that this
subsection should be interpreted to require more detail as to the
identity of sources of the records in the system, exemption from this
provision is necessary in order to protect the confidentiality of the
sources of enforcement information and of witnesses and informants.
(8) From subsection (f) to the extent that the system is exempt
from other specific subsections of the Privacy Act.
Done in Washington, DC.
Paul Kiecker,
Administrator.
[FR Doc. 2022-05745 Filed 3-21-22; 8:45 am]
BILLING CODE 3410-DM-P
