Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security (DHS)/U.S. Customs and Border Protection (CBP)-027 Customs Broker Management (CBM) System of Records, 19213-19214 [2023-06714]
Download as PDF
<![CDATA[
19213
Rules and Regulations
Federal Register
Vol. 88, No. 62
Friday, March 31, 2023
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–2022–0042]
Privacy Act of 1974: Implementation of
Exemptions; Department of Homeland
Security (DHS)/U.S. Customs and
Border Protection (CBP)–027 Customs
Broker Management (CBM) System of
Records
U.S. Customs and Border
Protection, 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 established
system of records titled, ‘‘DHS/U.S.
Customs and Border Protection (CBP)–
027 Customs Broker Management (CBM)
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 March
31, 2023.
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: Mason Clutter
(202) 343–1717, Chief Privacy Officer,
Privacy Office, Department of Homeland
Security, Washington, DC 20528.
ddrumheller on DSK120RN23PROD with RULES1
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
15:55 Mar 30, 2023
Jkt 259001
I. Background
The U.S. Department of Homeland
Security (DHS) Customs and Border
Protection (CBP) published a notice of
proposed rulemaking in the Federal
Register, 87 FR 43749, July 22, 2022,
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 new ‘‘DHS/CBP–027 Customs
Broker Management (CBM) System of
Records’’ in the Federal Register at 87
FR 43880, July 22, 2022, to determine
(1) an individual’s suitability for
acquiring a Customs Broker license,
whether that individual is representing
him or herself or affiliated with an
association, corporation, or partnership;
and (2) whether a licensed Customs
Broker continues to meet the eligibility
requirements to maintain that Customs
Broker license.
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 no comments on the SORN.
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; 6
U.S.C. 142; DHS Del. No. 13001, Rev. 01
(June 2, 2020).
Subpart A also issued under 5 U.S.C. 552.
Subpart B also issued under 5 U.S.C. 552a
and 552 note.
2. In appendix C to part 5, add
paragraph ‘‘88’’ to read as follows:
■
Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
*
*
*
*
*
88. The DHS/CBP–027 Customs Broker
Management System of Records consists of
electronic and paper records and will be used
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
by DHS and its components. DHS/CBP–027
Customs Broker Management 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 there under; and national
security and intelligence activities. DHS/
CBP–027 Customs Broker Management
System of Records maintains information
about individuals, associations, corporations,
or partnerships to administer the Customs
Broker License Exam, determine suitability
for providing an individual a Customs Broker
license, and determine whether a licensed
Customs Broker continues to meet the
eligibility requirements to maintain a
Customs Broker license.
The Secretary of Homeland Security has
exempted this system pursuant to exemption
5 U.S.C. 552a(j)(2) of the Privacy Act,
portions of this system are exempt from 5
U.S.C. 552a(c)(3) and (4); (d); (e)(1), (e)(2),
(e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), and
(e)(8); (f); and (g). Additionally, the Secretary
has exempted this system pursuant to 5
U.S.C. 552a(k)(2) of the Privacy Act from
subsections (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:
(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 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 when weighing and
evaluating all available information. In
E:\FR\FM\31MRR1.SGM
31MRR1
19214
Federal Register / Vol. 88, No. 62 / Friday, March 31, 2023 / Rules and Regulations
addition, permitting access and amendment
to such information could disclose securitysensitive 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.
ddrumheller on DSK120RN23PROD with RULES1
*
*
*
*
*
Mason C. Clutter,
Acting Chief Privacy Officer, U.S. Department
of Homeland Security.
[FR Doc. 2023–06714 Filed 3–30–23; 8:45 am]
BILLING CODE 9111–14–P
VerDate Sep<11>2014
15:55 Mar 30, 2023
Jkt 259001
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 50
[NRC–2022–0159]
Regulatory Guide: Maintenance,
Testing, and Replacement of Vented
Lead-Acid Storage Batteries for
Production and Utilization Facilities
Correction
In rule document 2023–06285,
appearing on pages 18005 through
18006, in the issue of Monday, March
27, 2023, the subject line is corrected to
read as set forth above.
[FR Doc. C1–2023–06285 Filed 3–30–23; 8:45 am]
BILLING CODE 0099–10–D
CONSUMER FINANCIAL PROTECTION
BUREAU
12 CFR Part 1026
[Docket No. CFPB–2022–0070]
Truth in Lending; Determination of
Effect on State Laws (California, New
York, Utah, and Virginia)
Consumer Financial Protection
Bureau.
ACTION: Preemption determination.
AGENCY:
After considering public
comments, the Consumer Financial
Protection Bureau (CFPB) has
determined that commercial financing
disclosure laws in California, New York,
Utah, and Virginia are not preempted by
the Truth in Lending Act.
DATES: This determination is issued on
March 31, 2023.
FOR FURTHER INFORMATION CONTACT:
Christopher Shelton or Anand Das,
Senior Counsels, Legal Division, or Joel
Singerman, Senior Counsel, Office of
Regulations, at 202–435–7700. If you
require this document in an alternative
electronic format, please contact CFPB_
Accessibility@cfpb.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
authorized to determine whether there
is an inconsistency.1
In recent years, New York, California,
Utah, and Virginia have enacted laws
that require disclosures for commercial
financing transactions to businesses,
which do not receive TILA disclosures
in those transactions. The CFPB
received a request from a trade
association (the requesting party) that it
determine that TILA preempts New
York’s commercial financing disclosure
law. In response, the CFPB published
for public comment a notification of
intent to make a preemption
determination. In the notification of
intent, the CFPB considered the
requesting party’s initial arguments and
preliminarily found that New York’s
law was not preempted. On the CFPB’s
own motion, the CFPB also provided
notice that it may make parallel findings
regarding the California, Utah, and
Virginia laws.
The CFPB received fifteen comments
on the notification of intent. The
Attorney General of California, two
trade associations, a lender to small
businesses, a group of consumer
advocacy organizations, and a group of
lenders, investors, and small business
advocates all supported the CFPB’s
notification of intent. On the other
hand, the requesting party, several other
trade associations, and a different lender
to small businesses argued that some or
all of the four States’ laws are
preempted.2
After analyzing the comments, the
CFPB has concluded that the State
commercial financing disclosure laws of
California, New York, Utah, and
Virginia are not preempted by TILA.
Congress adopted a narrow standard for
TILA preemption that displaces State
law only in the case of ‘‘inconsistency.’’
This means that States have broad
authority to establish their own
protections for their residents, both
within and outside the scope of TILA.
As relevant here, commercial financing
transactions to businesses—and any
disclosures associated with such
transactions—are beyond the scope of
TILA’s statutory purposes, which
concern consumer credit.
I. Overview of This Proceeding
The Truth in Lending Act (TILA)
ensures that key information about
consumer credit transactions is
disclosed to consumers. TILA preempts
State disclosure laws only if they are
‘‘inconsistent’’ with it. The CFPB is
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
1 TILA
section 111(a), 15 U.S.C. 1610(a).
notification of intent is available at 87 FR
76551 (Dec. 15, 2022). The original request is
available at https://www.regulations.gov/document/
CFPB-2022-0070-0002. The comments on the
notification of intent are available at https://
www.regulations.gov/document/CFPB-2022-00700004/comment.
2 The
E:\FR\FM\31MRR1.SGM
31MRR1
]]>Agencies
[Federal Register Volume 88, Number 62 (Friday, March 31, 2023)]
[Rules and Regulations]
[Pages 19213-19214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06714]
========================================================================
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. 88 , No. 62 / Friday, March 31, 2023 / Rules
and Regulations
[[Page 19213]]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2022-0042]
Privacy Act of 1974: Implementation of Exemptions; Department of
Homeland Security (DHS)/U.S. Customs and Border Protection (CBP)-027
Customs Broker Management (CBM) System of Records
AGENCY: U.S. Customs and Border Protection, 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
established system of records titled, ``DHS/U.S. Customs and Border
Protection (CBP)-027 Customs Broker Management (CBM) 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 March 31, 2023.
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: Mason
Clutter (202) 343-1717, Chief Privacy Officer, Privacy Office,
Department of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
The U.S. Department of Homeland Security (DHS) Customs and Border
Protection (CBP) published a notice of proposed rulemaking in the
Federal Register, 87 FR 43749, July 22, 2022, 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 new ``DHS/CBP-027 Customs Broker
Management (CBM) System of Records'' in the Federal Register at 87 FR
43880, July 22, 2022, to determine (1) an individual's suitability for
acquiring a Customs Broker license, whether that individual is
representing him or herself or affiliated with an association,
corporation, or partnership; and (2) whether a licensed Customs Broker
continues to meet the eligibility requirements to maintain that Customs
Broker license.
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 no comments on the SORN.
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; 6 U.S.C. 142; DHS Del. No. 13001, Rev. 01 (June
2, 2020).
Subpart A also issued under 5 U.S.C. 552.
Subpart B also issued under 5 U.S.C. 552a and 552 note.
0
2. In appendix C to part 5, add paragraph ``88'' to read as follows:
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
88. The DHS/CBP-027 Customs Broker Management System of Records
consists of electronic and paper records and will be used by DHS and
its components. DHS/CBP-027 Customs Broker Management 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 there under; and national
security and intelligence activities. DHS/CBP-027 Customs Broker
Management System of Records maintains information about
individuals, associations, corporations, or partnerships to
administer the Customs Broker License Exam, determine suitability
for providing an individual a Customs Broker license, and determine
whether a licensed Customs Broker continues to meet the eligibility
requirements to maintain a Customs Broker license.
The Secretary of Homeland Security has exempted this system
pursuant to exemption 5 U.S.C. 552a(j)(2) of the Privacy Act,
portions of this system are exempt from 5 U.S.C. 552a(c)(3) and (4);
(d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I),
(e)(5), and (e)(8); (f); and (g). Additionally, the Secretary has
exempted this system pursuant to 5 U.S.C. 552a(k)(2) of the Privacy
Act from subsections (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:
(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 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 when
weighing and evaluating all available information. In
[[Page 19214]]
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.
* * * * *
Mason C. Clutter,
Acting Chief Privacy Officer, U.S. Department of Homeland Security.
[FR Doc. 2023-06714 Filed 3-30-23; 8:45 am]
BILLING CODE 9111-14-P
